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Ordinance 012-2014 w 1 al A 5 . 6 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE NO. 012 -2014 10 11 AN ORDINANCE' BY THE MONROE COUNTY BOARD OF 12 COUNTY COMMISSIONERS AMENDING SECTION 23-114, 13 MOBILE REPAIR OR SERVICE, REVISING THE PROVISIONS 14 TO ADDRESS MOBILE BUSINESSES THAT ARE BASED OR 15 OPERATED FROM RESIDENCES, PROVIDING FOR 16 SEVERABILITY; PROVIDING FOR REPEAL OF ALL 17 ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR 18 INCORPORATION INTO THE MONROE COUNTY CODE OF 19 ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. 20 21 WHEREAS, the current provisions in Section 23-114 of the Monroe County Code regarding 22 mobile repair or service businesses do not adequately express the requirement for home 23 occupation special use permits for those businesses that are based from residences; and 24 25 WHEREAS, the Commission makes the following Conclusions of Law: 1) the ordinance is 26 consistent with the Principles for Guiding Development in the Florida Keys Area of Critical 27 State Concern; 2) the ordinance is consistent with the provisions and intent of the Monroe 28 County Comprehensive Plan; and 3) the ordinance is consistent with the provisions and intent of 29 the Monroe County Code; 30 31, NOW, THEREFORE, BE IT ORDAINED.BY THE MONROE COUNTY BOARD OF' 32 COUNTY COMMISSIONERS: 33 34 Section 1. Section 23-114 of the Monroe County Code shall be amended as follows: 35 36 Sec. 23-114. Mobile repair or service. 37 38 Every person engaged in the operation of a mobile repair or mobile service business,.no 39 matter what type of conveyance is used for that purpose, whether or not operated in 40 conjunction with some other line of business, must pay a business tax of$25.00. In the 41 event the operation is based from a residence located in an unincorporated area of the 42 county, the use shall require a home occupation special use permit pursuant to section 43 130-124. ' 44 45 46 ' Page 1 of 2 u. a 1 Section 2. Severability. 2 3 If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, 4 inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this 5 ordinance or any provision thereof shall be held to be inapplicable to any person, property or 6 circumstances, such holding shall not affect its applicability to any other person, property or 7 circumstances. 8 9 Section 3. Conflicting Provisions. 10 11 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the 12 extent of said conflict. 13 14 Section 4. Inclusion in the Code of Ordinances. 15 16 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances 17 of the County of Monroe, Florida, as an addition to amendment thereto, and shall be 18 appropriately renumbered to conform to the uniform numbering system of the Code. 19 20 Section 5. Transmittal and Effective Date. - 21 22 This Ordinance shall be filed with the Department of State and shall be effective as provided in. 23 section 125.66(2)(b), Florida Statutes. 24 25 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida 26 at a regular meeting held on the 20.th.day of August , 2014. 27 28 Mayor Sylvia Murphy Yes 29 Mayor pro tern Danny L. Kolhage Yes.. 30 Commissioner Heather Carruthers Yes 31 . Commissioner George Neugent Yes 32 Commissioner David Rice Yes 33 34 ',-„ `-ram BOARD OF COUNTY COMMISSIONERS 35 ` 7 1 0- R) . OF MONROE COUNTY, FLORIDA 6 45. ,j rh�,� as ai BY: • " 4 May S lvi urphy 40 °`.•� Tad='�Ka4 HEAVILIN, CLERK 41 ' ""'e ",,'� 42 43 Deputy Clerk N OE COUNTY ATTORNEY a- A PROVED TO FORM DAte: Page 2 of 2 4ff FLORIDACOtj DEPARTMENT 'O Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State December 24, 2014 Honorable Amy Heavilin Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Lindsey Ballard 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. 012-2014, which was filed in this office on December 24, 2014. Sincerely, Ernest L. Reddick Program Administrator ELR/lb 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