Ordinance 016-1985Mayor Wilhelmina G. Harvey
ORDINANCE NO. 016-1985
AN ORDINANCE OF MONROE COUNTY, FLORIDA,
PERTAINING TO THE REPLACEMENT AND
SUBSTITUTION OF CURRENTLY EXISTING MOBILE
HOMES BY THE OWNERS THEREOF WITH NEWER OR NEW
MOBILE HOMES IN CERTAIN SPECIFIED ZONING
DISTRICTS; PROVIDING FOR A PROCEDURE FOR
OBTAINING REPLACEMENT PERMITS THROUGH THE
MONROE COUNTY BUILDING DEPARTMENT AND THE
ZONING DEPARTMENT AFTER PUBLIC HEARING;
PROVIDING CRITERIA GOVERNING THE ISSUANCE OF
REPLACEMENT PERMITS; PROVIDING THAT
REPLACEMENT PERMITS SHALL NOT BE ISSUED IN
CERTAIN SPECIFIED ZONING DISTRICTS; PROVIDING
FOR AN APPEALS PROCEDURE CONCERNING THE
GRANTING OR DENIAL OF SUCH REPLACEMENT
PERMITS TO THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS; PROVIDING FOR SEVERABILITY;
PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE
ARE HEREBY REPEALED TO THE EXTENT OF ANY SUCH
CONFLICT; PROVIDING FOR INCLUSION IN THE
MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR. AN EFFECTIVE DATE.
WHEREAS, numerous mobile homes are in existence in the
unincorporated areas of Monroe County being utilized as
residences in zoning districts not proper for such structures and
existing only by virtue of said structures having been in place
and so utilized prior to the effective date of Ordinance
No. 1-1973, and
WHEREAS, said structures have heretofore been governed by
Sections 19-117, 19-118 and 19-120 of the Monroe County Code of
Ordinances, as "non -conforming structures", which, by literal
enforcement of said provisions, prohibits the replacement of
existing mobile homes with newer or new mobile homes as such
existing mobile homes become uninhabitable, unrepairable or
unsuitable, and
WHEREAS, it is the intention of the Board of County
Commissioners to make an exemption for and to permit a
continuation in the use of existing mobile home parks having a
valid State and Monroe County Occupational License, and parcels
of land upon which there presently exist mobile homes by virtue
of a variance for purposes of mobile homes as residences, and/or
replacement of mobile homes without interruption regardless of
present zoning classification, but not to preclude the
applicability and enforcement of the requirements of health and
safety regulations which are obligatory, as of the date of
replacement and continuation of use, now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. Permits to replace existing mobile homes must be
obtained by the owner(s) of the real property underlying such
existing mobile homes prior to replacement of such existing
mobile homes. Replacement permits for existing mobile homes
situated in parcels having a zoning classification of RU-5 and
RU-5P or in the exempt existing licensed mobile home parks
regardless of present zoning classification or on parcels which
have heretofore received a trailer or mobile home variance,
regardless of zoning, shall be obtained through the Monroe County
Planning & Zoning Official who shall determine, prior to issuance
of such replacement permits that the proposed replacement mobile
home complies in all aspects with Monroe County Code Section
19-199 or 19-200, as appropriate, and all regulations concerning
mobile homes contained in Article V of Chapter 6 of the Monroe
County Code.
Section 2. Any person aggrieved on account of any decision
of the Planning & Zoning Official to authorize or not to
authorize the issuance of a Mobile Home Replacement Permit may
appeal such decision as provided in Section 19-77 of the Monroe
County Code.
Section 3. No mobile homes located on substandard lots as
referred to in Section 19-141 shall be affected by this
ordinance.
Section 4. If any section, subsection, sentence, clause or
provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 5. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
2
Section 6. The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 7. This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
of State of the State of Florida that this Ordinance has been
filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the loth day of May, A.D. 1985.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
(SEAL)
At t e s t : DA.NNY L. Koh GE' Clerk
Clerk
ADOPTED:
FILE WITH SECRETARY OF STATE: ,-- '�y - 5,5
EFFECTIVE DATE:
iEE
FOR
C/E
a`�
Attorneys Office
3
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Friday, April 12, 1985 at 5:00 P.M. at the Marathon Sub -Court-
house, Marathon, Monroe County, Florida, and on Friday, May 10,
1985, at 5:00 P.M. in Courtroom "B" of the Monroe County
Courthouse, 500 Whitehead Street, Key West, Monroe County,
Florida, the Board of County Commissioners of Monroe County,
Florida, intends to consider the adoption of the following County
Ordinance:
ORDINANCE NO. -1985
AN ORDINANCE OF MONROE COUNTY, FLORIDA,
PERTAINING TO THE REPLACEMENT AND
SUBSTITUTION OF CURRENTLY EXISTING MOBILE
HOMES BY THE OWNERS THEREOF WITH NEWER OR NEW
MOBILE HOMES IN CERTAIN SPECIFIED ZONING
DISTRICTS; PROVIDING FOR A PROCEDURE FOR
OBTAINING REPLACEMENT PERMITS THROUGH THE
MONROE COUNTY BUILDING DEPARTMENT AND THE
ZONING DEPARTMENT AFTER PUBLIC HEARING;
PROVIDING CRITERIA GOVERNING THE ISSUANCE OF
REPLACEMENT PERMITS; PROVIDING THAT
REPLACEMENT PERMITS SHALL NOT BE ISSUED IN
CERTAIN SPECIFIED ZONING DISTRICTS; PROVIDING
FOR AN APPEALS PROCEDURE CONCERNING THE
GRANTING OR DENIAL OF SUCH REPLACEMENT
PERMITS TO THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS; PROVIDING FOR SEVERABILITY;
PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE
ARE HEREBY REPEALED TO THE EXTENT OF ANY SUCH
CONFLICT; PROVIDING FOR INCLUSION IN THE
MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is
given that if a person decided to appeal any decision made by the
Board with respect to any matter considered at such hearings or
meetings, he will need a record of the proceedings, and that, for
such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
DATED at Key West, Florida, this 21st day of March, 1985.
DANNY L. KOLHAGE
Clerk of the Circuit Court
of Monroe County, Florida
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
(SEAL)
L PROOF OF PUBLI�
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE 1
Before the undersigned authority personally appeared R . B . Rutherford , who on oath, says
that he is Genera-1- Manager -- of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marethon,in .
Monroe County, Florida; that the attached copy of advertisement, being a ADOPTION OF ORDINANCE
IN THE MATTER OF Replacement & Substitution of Existing Mobile Homes in the
CERTAIN
�NING
!OVIDING I
newspaper in the issues of mar. L 1 -1 y tf 5
Affiant further says that the said FLORIDA KEYS KEYNOTER is a news)
thon, in said Monroe County, Florida, and that the said newspaper has here
published in said Monroe County, Florida, each week (on Thursday) and has
class mail matter at the post office in Marathon, in said Monroe County, Flc
year next preceding the first publication of the attached copy of advertise
says that he has neither paid nor promised any person, firm, or corporation ar
mission of refund for the purpose of securing this advertisement for publicatior'with 'respect to any
considered at such hear
meetings, he will need a
of the proceedings, am
for, such purpose, hem
to ensure that a verbath
ord of the proceedings is
- which record includes the
- - - monY and evidence upon
- - - the appeal is to be based
DATED at Key West, F
_ this 211st day of March t'
(SEAL) : Clerk of the L.
of I
, ty o Monroe County,
and officio Clerk
SWORN TO_ BSCRIBEWBEFORE ME THIS Board of County Comm
of Monroe County, I
Publish: Mar. 21, 1985
DAY OF L>- D. 19 ?c Florida Keys Keynoter
TARY PUBLIC STATE OF FLORIDA
Y COMMISSION EXP. AUG 14,1988
BONDED THRU GENERAL IRS, UND.
rt, was published in said
NOTICE OF
INTENTION TO t
CONSIDER ADOPTION
OF COUNTY ORDINANCE
J'ROOF OF PUBLI.�,
I
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared R - B _ Rti tl_'1 e r f n r A , who on oath, says
General Manager
- - that -he -is ofThe__ELORLDA KEYS KEYNOTER. a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a ADOPTION OF COUNTY ORDINANCE
IN THE MATTER OF MOBTT,F. HOMER in the
Court, was published in said
T'-CEDURE--CONCERNING Ir — , -
11
newspaper in the issues of Aj2rl.L / I `> B5
NIAL OF SUCH RE-
itVTENfi-OWTO
PLACEMENT PERMITS
TO THE MONROE COUN-
CONSIDER ADOPTION
TY BOARD OF COUNTY
OF COUNTY ORDINANCE
Affiant further says that the said FLORIDA KEYS KEYNOTER is a ne'�
COMMISSIONERS. PRO-
NOTICE IS HEREBY GIVEN
VIDING FOR SLVERA-
BILITY; PROVIDING
ORDINANCES
TO WHOM IT MAY' -CON-
CERN that on Friday April 12
1985 at 5 00 P.M a! the Mara-
thon, in said Monroe Count Florida, and that the said newspaper has he
Y,thon
OR ' PARTS ORDI
Sub Courthouse Mara-
-
NANCES IN CONFLICT
WITH THIS ORDINANCE
ithon, Monroe,County, Florida
and on Friuy, May 10, 1rds a(
published in said Monroe County, Florida, each week on Thursday)ARE
and l
HEREBY RE-
5:00' P M in Courtroom B of
PEALED TO THE EX-
the Monroe County; Court -
-
TENT OF ANY SUCH
CONFLICT- PROVIDING
house 500 Whitehead Street,
Key West,.-- Monroe County,
class mail matter at the post office in Marathon, in said Monroe County,
FOR INCLOSION IN THE
Florida, the Board of County
MONROE COUNTY CODE
OF ORDINANCES- AND
KN
Commissioners of -Monroe
CoUgly, -Florida,- Intends to -
year next preceding the first publication of the attached copy of advert
PROVIDING FOR EF-
FECTIVE DATE.
Pursuant to Section 186.0105,
consider the .adoption of the
following County ordinance:
Florida Statutes, notice.is given
ORDINACNE
- NO. -1985
says that he has neither paid nor promised any person, firm, or corporation
says
that if a person decided to a
peal any deciston made by the
.qN_ ORDINANCE --OF=
MONROE - COUNTY -
Board with respect to any
matter considered at such
FLORIDA PERTAININ
TO THE F�EG;
PLACEMENT
mission oi• refund for the purpose of securing this advertisement for publics
hearings or meetings, he will
need a record of the proceed-
AND SUBSTITUTION OF
CURRENTLY EXISTING
.,
Ings, and that, for such pur-
MOBILE HOMES BY THE -
pose, he may need to ensure
OWNERS" THEREOF-
-
that a verbatim record of the
WITH NEWER OR NEW
Proceedings Is made, which
MOBILE HOMES IN CER -
%
�-
record Includes the testimony.
TAIN SPECIFIED ZONING,✓
_
"
and evidence upon which the
appeal is to be based.
DISTRICTS• - PROVIDING
FOR A` CEDURE FOR "
- 'DATED
at Key West, Florida'
OBTAINING REPLACE-
- -
this 21st day of March 1985. ;
DANNY L. K6LHAG�
MENT PERMITS-
TMROUGH THE MON-
-
(SEAL)
Mronroe the Circuit
DEPARTMENT AND THE
of
and ex officio Cierk of thg�
Board of,County Commission;
.ZONING - DEPARTMENT
AFTER . PUBLIC HEAR-
SWORN TO AND SUBSCRIBED -BEFORE ME THIS_
et'--
of Monroe County, Florb"
ING; PROVIDING CRITE-
RIA GOVERNING THE IS-.
�OF
_
ublish: Apr. 7 1985 �:
Florida Keys Keynoter
SUANCE REPLACE -
PRO-
ME PERMITS- PRO -
VIDING THAT REPLACE-
DAY OF, ~ A.D. 19�`'
` ``
STATE OF FL
NQTa BEPISSUEID IN CER
-
IOTARY ,P.IIBLIC
HY cOaNISSION EXP. AUG lb�l
TAIT4 SPECIFIED ZONING .
DISTRICTS; PROVIDING
FOR. AN. APPEALS .P.RQ __
_801DED THRU GENERAL INS. LOW
I
Mannp I. 7kalbage
BRANCH OFFICE CLERK
OF THE CIRCUIT COURT
3117 OVERSEAS HIGHWAY
16TH JUDICIAL CIRCUIT
MARATHON, FLORIDA 33050
MONROE COUNTY
TEL. (305) 743-9036
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
RECORDER
TEL. (305) 294-4641
COLLECTOR OF DELINQUENT TAXES
May 20, 1985
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
COUNTY CLERK
COUNTY AUDITOR
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
The Board of County Commissioners at a regular meeting in formal
session on May 10, 1985 adopted Ordinance No. 016-1985.
Enclosed please find a certified copy of this Ordinance.
Please fi l'e for record.
/rls
Enclosure
cc: Municipal Code Corporation
County Attorney
Planning and Zoning
,/6 1e
Very truly yours,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk
Board of --County C mmissioners
Deputy Clerk/,�Zzll
R
JK
R
P 637 7' 15
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
SeVtiz Cloud
Street and No.
de
P0aslsee
'TaSi aV, Florida 3230
Postage
$
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing
to whom and Date Delivered
Return receipt w�ry�
Date, and D
i TOTAL P d Fe
1 $
Postma for
i
Or
OF tHE Sr4?T
4�y p��
3 SJ o
� - a
W
• h000 we'T~
FLORIDA DEPARTMENT OF STATE
George Firestone
Secretary of State
May 28, 1985
Rosalie L. Simmons
Deputy Clerk
Monroe County
500 Whitehead Street
Key West, FL 33040
Dear Ms. Simmons
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of your letter/s of May 20, 1985
and certified copy/ies of Monroe County Ordinances
Numbers 010-1985 through 016-1985
LC/kc
rz
Receipt of
relative to:
(a)
(b)
which we have numbered
which we have numbered
County Ordinance/s
3. We have filed this/these Ordinance(s) in this office
on May 24, 19856
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
Cordially,
(Mrs.) iz
Cloud, Chief
Bureau of
Administrative Code
FLORIDA-State of the Arts
ACKNOWLEDGMENT
DATE: June 3, 1985
TO: Monroe County, Florida
(Supplement No. 23)
We are in receipt of the following material which will be con-
sidered for inclusion in the next Supplement to your Code:
Ordinance Nos. 010-1985 through 016-1985
Thank you for your assistance and cooperation.
db Az
Robert L. Laslie
Vice President - Supplements
Municipal Code Corporation