Ordinance 041-20131
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 041 -2013
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY AMENDING
SECTIONS 17 -2 and 17 -6 PARKING AND STORAGE OF
VEHICLES AND WATERCRAFT ON PRIVATE PROPERTY
AND PUBLIC RIGHT -OF -WAY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR FILING WITH THE DEPARTMENT OF STATE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is the intent of the Monroe County Code to protect the public health and
safety of the citizens and visitors to Monroe County; and
WHEREAS, it is necessary to maintain the public rights of way free of obstructions so as
not to impede the flow of vehicular, bicycle or pedestrian traffic; and
WHEREAS, aesthetics are an important factor in ensuring the economic vitality of an area
and that the separation of the commercial zones from residential neighborhoods not only affects the health
and hazards of the community, it impacts the welfare of the community and the value of property within
its borders; and
WHEREAS, prohibiting campers or other vehicles designed or adaptable for human
habitation from being stored or parked upon public or private property unless confined in a garage is
reasonable and necessary to protect the public health, safety and welfare of Monroe County citizens; and
WHEREAS, it is the desire of the community to preserve the residential atmosphere of the
residential areas of the County; and
WHEREAS, protecting the residential neighborhoods against the lingering presence of
commercial- vehicles is necessary to maintain the purpose of residential land use districts for residential
uses.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
SECTION 1 . Section 17 -2 of the Monroe County Code is hereby amended to read as follows:
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50 Sec. 17 -2. - Inoperative vehicles and watercraft.
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52 (a) Within all land use districts except Industrial (1) districts, all vehicles that are inoperative shall be
53 prohibited on private property unless screened completely from view from street or any other residential
54 structure, must meet setbacks of land use district where located or contained in an enclosed area/garage.
55 (b) Within all land use districts except Industrial (I) districts, all vehicles that are unlicensed for a period
56 of ten days shall be prohibited on private property unless screened completely from view from street or
57 any other residential structure, must meet setbacks of land use district where located or contained in an
58 enclosed area/garage.
59 (c) Within all land use districts except Industrial (I) districts, all watercraft that are wrecked, inoperative,
60 partially dismantled and/or decayed and/or abandoned or stored on a boat trailer that is not ready for
61 highway use for a period of 30 days, shall be prohibited on any waterway, shore, private or public property
62 unless screened completely from view from street or any other residential structure, must meet setbacks of
63 land use district where located or contained in a completely enclosed building.
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SECTION 2 . Section 17 -6 of the Monroe County Code is hereby amended to read as follows:
Sec. 17 -6. - Parking and storage of vehicles and watercraft within any residential land use district.
(a) Prohibited: Within any residential district, the parking and/or storage of vehicles and watercraft shall
be prohibited as follows. For the purposes of this section, a residential district shall be any zoning district
in which residential use is allowed.
TYPE OF VEHICLE*
PROHIBITED
Class 1- Class 2A (Light Duty Trucks 0 to 8,500 lbs.)
Parking and storage prohibited in right -of -way within road
bed
Class 1- Class 2A (Light Duty Trucks 0 to 8,500 lbs.)
Storage prohibited in right -of -way outside of road bed
Class 2B - Class 4 (Light Duty and Medium Duty Trucks
Parking and storage prohibited in right -of -way within road
8,501 to 16,000 lbs.)
bed
Class 2B - Class 4 (Light Duty and Medium Duty Trucks
Storage prohibited in right -of -way outside of road bed
8,501 to 16,000 lbs.)
Class 2B - Class 4 (Light Duty and Medium Duty Trucks
Prohibited on private property unless screened completely
8,501 to 16,000 lbs.) With cabinet box, platform, rack, or
from view from street or any other residential structure, must
other equipment for purposes of carrying goods other than
meet setbacks of land use district where located or contained
p ersonal effects of passengers)
in an enclosed area/garage.
Class 5 (Medium Duty Trucks 16,001 to 19,500 lbs.)
Parking and storage prohibited in right -of -way within and
outside road bed
Class 5 (Medium Duty Trucks 16,001 to 19,500 lbs.)
Storage prohibited in right -of -way outside of road bed
Class 5 (Medium Duty Trucks 16,001 to 19,500 lbs.)
Prohibited on private property unless screened completely
from view from street or any other residential structure, must
meet setbacks of land use district where located or contained
in an enclosed area/garage.
Class 6 (Medium Duty Trucks 19,501 to 26,000 lbs.)
Parking and storage prohibited in right -of -way within and
outside road bed
Class 6 (Medium Duty Trucks 19,501 to 26,000 lbs.)
Storage prohibited in right -of -way outside of road bed
Class 6 (Medium Duty Trucks 19,501 to 26,000 lbs.)
Prohibited on private property unless screened completely
from view from street or any other residential structure, must
meet setbacks of land use district where located or contained
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in an enclosed area/garage.
Class 7 or 8 (Heavy Duty Trucks 26,001 lbs. and up)
Parking and storage prohibited on right -of -way within and
outside road bed
Class 7 or 8 (Heavy Duty Trucks 26,001 lbs. and up)
Parking and storage prohibited on private property within all
land use districts except (I) Industrial.
Tractor trailer
Parking and storage prohibited on right -of -way within and
outside road bed
Tractor trailer
Parking and storage prohibited on private property within all
land use districts except I) Industrial.
Trailer
Parking and storage prohibited in right -of -way within road
bed
Trailer
Storage prohibited in right -of -way outside of road bed
Buses/Limos (greater than 10 persons for transport) as
Parking and storage prohibited on right -of -way within and
defined in F.S. 320.01 (4)
outside road bed
Buses/Limos (greater than 10 persons for transport) as
Parking and storage prohibited on private property within all
defined in F.S. 320.01 (4)
land use districts except (I) Industrial.
For Hire Vehicle (less than 10 persons for transport)
Parking and storage prohibited on right -of -way within and
outside road bed
Recreation Vehicles, Campers, Cargo Vans as defined in
Parking and storage prohibited in right -of -way within road
F.S. 320.01
bed
Recreation Vehicles, Campers, Cargo Vans as defined in
Storage prohibited in right -of -way outside of road bed
F.S. 320.01
Recreation Vehicles, Campers, Cargo Vans as defined in
Only one recreational vehicle -type unit as defined in F.S.
F.S. 320.01
320.01 shall be permitted on any one residential or mobile
home lot. HABITATION PROHIBITED.
Watercraft that are wrecked, inoperative, partially
Parking and storage prohibited on right -of -way within and
dismantled and/or decayed and/or abandoned or stored on a
outside road bed
boat trailer that is not ready for highway use for a period of
30 days,
Watercraft that are wrecked, inoperative, partially
Prohibited on private property unless screened completely
dismantled and/or decayed and/or abandoned or stored on a
from view from street or any other residential structure, must
boat trailer that is not ready for highway use for a period of
meet setbacks of land use district where located or contained
30 days,
in an enclosed area/garage.
Inoperative Vehicles
Parking and storage prohibited on right -of -way within and
outside road bed
Inoperative Vehicles
Prohibited on private property unless screened completely
from view from street or any other residential structure, must
meet setbacks of land use district where located or contained
in an enclosed area/garage.
Vehicles unlicensed for a period of ten (10) days
Parking and storage prohibited on right -of -way within and
outside road bed
Vehicles unlicensed for a period of ten (10) days
Prohibited on private property unless screened completely
from view from street or any other residential structure, must
meet setbacks of land use district where located or contained
in an enclosed area/garage.
All other watercraft and vehicles
Parking and storage prohibited in right -of -way within road
bed
All other watercraft and vehicles
Storage prohibited in right -of -way outside of road bed
*Note — Definitions from F.S. and United States Department
of Transportation Federal Highway Administration (FHWA)
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74 (b) Permissible (or "allowed "): All permissible parking and storage on private property in any district shall
75 still comply with the following conditions, this chapter, and part H of this Code and shall be subject to
76 code compliance.
77 (1) All vehicles parked in accordance with this chapter shall be parked taking into account the setback
78 requirements as is set forth in part R of this Code.
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80 (2) All vehicles parked or stored as per the provisions of this chapter shall not be used as a place of
81 habitation.
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83 (3) All vehicles as referred to in this section may only be parked on the same lot or contiguous lot with
84 and after the principal structure is erected.
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86 (4) Only one recreation vehicle -type unit as defined in F.S. § 320.01, shall be permitted on any one
87 residential or mobile home lot for storage purposes as provided in this section.
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89 (5) All equipment, including construction, landscaping or land clearing equipment and vehicles may only
90 be parked or stored on the same lot for which it is actively being used to conduct the scope of work related
91 to a valid active permit or contract for services.
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93 (6) All vehicles and equipment, including those identified with a business logo, services offered or
94 business identifiers shall be stored or parked taking into account the requirements set forth in the land use
95 district in which they are being parked or stored.
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97 Section 3. Severability.
98 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by
99 any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or
100 nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph,
101 subdivision, clause, sentence, or provision immediately involved in the controversy in which such
102 judgment or decree shall be rendered.
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104 Section 4. Conflicting Provisions.
105 In the case of direct conflict between any provision of this ordinance and a portion or provision of any
106 appropriate federal, state, or county law, rule code or regulation, the more restrictive shall apply.
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108 Section 5. Filing.
109 This Ordinance shall be filed with the Department of State and shall be effective as provided in Chapter
110 125.66(2) Florida Statutes.
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112 Section 6. Inclusion in the Monroe County Code.
113 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the
114 County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered
115 to conform to the uniform marking system of the Code.
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117 Section 7. Effective Date.
118 This ordinance shall become effective as provided by law and stated above. This ordinance applies to any
119 permit, and or other development approval application submitted after the effective date.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
regular meeting held on the 17th day of September , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia J. Murphy
Commissioner David Rice
Not present
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
eavilin, Clerk OF MON OE COUNTY, FLORIDA
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Deputy Clerk A Mayor George Neugent
MONROE COUNTY ATTORNEY
A P D AST ORM:
STEVEN T. WILLIAMS
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
October 24, 2013
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Vitia Fernandez, Deputy Clerk
Dear Ms. Heavilin:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 041-2013, which was filed in this office on October 24,
2013.
Sincerely,
Liz Cloud
Program Administrator
LC/elr
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us