Ordinance 013-20141
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 013 - 2014
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE COUNTY
CODE SECTION 101 -1, DEFINITIONS, AMENDING SECTION
130 -124, HOME OCCUPATION SPECIAL USE PERMIT;
REVISING THE PROVISIONS TO ADDRESS MOBILE
BUSINESSES THAT ARE BASED OR OPERATED FROM
RESIDENCES, REVISING THE POSTING REQUIREMENTS FOR
HOME OCCUPATION SPECIAL USE PERMIT APPLICATIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the purpose of the proposed amendment is to revise the provisions to address
mobile businesses that are based or operated from residences and to revise the posting
requirements for home occupation special use permit applications; and
WHEREAS, mobile businesses are defined within §23 -71 of the Monroe County Code
(within part I of the Code); however there is no definition provided in the Land Development
Code (part 11 of the Code). A definition for a mobile business should be established in the Land
Development Code (part II of the Code), which is consistent with the existing definitions for
mobile food vendor and mobile repair or mobile services business that are in part I of the Code;
and
WHEREAS, mobile businesses are often based out of residences and the existing home
occupation criteria do not appropriately regulate this business practice; and
WHEREAS, the existing provisions related to the posting of notice for proposed home
occupation special use permit applications are not consistent with the general posting
requirements required for other application types per § 110 -5(f) of the Monroe County Code; and
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I WHEREAS, the BOCC makes the following Conclusions of Law: 1) the ordinance is
2 consistent with the Principles for Guiding Development in the Florida Keys Area of Critical
3 State Concern; 2) the ordinance is consistent with the provisions and intent of the Monroe
4 County Comprehensive Plan; and 3) the ordinance is consistent with the provisions and intent of
5 the Monroe County Code; and
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7 WHEREAS, the BOCC makes the following Conclusion of Law: the proposed text
8 amendments would be consistent with the provisions of § 102- 158(d)(5)(b) of the Monroe County
9 Code: 1. Changed projections (e.g., regarding public service needs) from those on which the text
10 or boundary was based; 2. Changed assumptions (e.g., regarding demographic trends); 3. Data
11 errors, including errors in mapping, vegetative types and natural features described in volume I
12 of the plan; 4. New issues; 5. Recognition of a need for additional detail or comprehensiveness;
13 or 6. Data updates. Specifically, the proposed text amendments are necessary due to 5. A
14 recognition of a need for additional detail or comprehensiveness (to have the subject provisions
15 related to home occupation better address mobile businesses based out of a residence and to have
16 the subject provisions related to posting be more consistent with other posting requirements); and
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18 WHEREAS, during a regularly scheduled meeting held on January 28, 2014, the Monroe
19 County Development Review Committee reviewed the ordinance and recommended approval to
20 the Board of County Commissioners; and
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22 WHEREAS, during a regularly scheduled public hearing held on February 26, 2014, the
23 Monroe County Planning Commission reviewed the ordinance and recommended approval to the
24 Board of County Commissioners;
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26 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
27 COUNTY COMMISSIONERS:
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29 Section 1. Section 101 -1 of the Monroe County Code shall be amended as follows:
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31 Sec. 101 -1. Definitions.
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33 The following words, terms and phrases, when used in this Land Development Code, shall
34 have the meanings ascribed to them in this section, except where the context clearly indicates
35 a different meaning
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38 Home occupation means a business, profession, occupation or trade operated from and/or
39 conducted within a residential dwelling unit (or within an accessory structure thereto) for
40 gain or support by a resident of the dwelling unit.
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43 Mobile business means any person or business which goes from house to house or from place
44 to place to provide a service. This term includes any mobile food vendor or mobile repair or
45 mobile services business as defined in section 23 -71.
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3 Section 2. Section 130 -124 of the Monroe County Code shall be amended as follows:
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5 Sec. 130 -124. Home occupation special use permit.
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7 (a) Applicability. Home occupation special use permits may be approved in any zoning
8 district in which residential use is allowed, including nonconforming residential uses
9 where such use was otherwise lawfully established. Home occupation means a business,
10 profession, occupation or trade operated from and/or conducted within a residential
11 dwelling unit (or within an accessory structure thereto) for gain or support by a resident
12 of the dwelling unit. For the purposes of this section, home occupations include mobile
13 businesses that are based or operated from a residence or residential property.
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15 (b) Applications. Applications for home occupation special use permits shall be submitted to
16 the planning director on forms provided by the director. The application shall include a
17 properly executed affidavit and agreement from the applicant attesting to and agreeing to
18 compliance with the standards and requirements for home occupations as outlined in this
19 section.
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21 (c) Authority. The planning director is authorized to approve and otherwise administer home
22 occupation special use permits as specifically set forth in this section.
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24 (d) Review by the planning director. Within 15 working days of receiving a complete
25 application, the planning director shall determine whether the proposed home occupation
26 is consistent with the following standards and requirements:
27 (1) The home occupation is incidental and secondary to the principal residential use of
28 the residential dwelling unit;
29 (2) The home occupation does not change the essential residential character of the use;
30 (3) Not more than one person who is a nonresident of the residential dwelling unit is
31 employed by the home occupation;
32 (4) The home occupation use does not occupy more than 20 percent of the total floor area
33 of the residential dwelling unit and, if the home occupation use utilizes an accessory
34 structure(s), it does not occupy more than 20 percent of the total covered and
35 enclosed residential floor area on the property;
36 (5) The home occupation does not involve any retail sales or service that necessitates or
37 requires customers to visit the residential dwelling unit or the property, nor does the
38 physical address of the residence appear on any advertising materials including
39 stationary and business cards;
40 (6) Activities associated with the home occupation are not visible from any other
41 residential dwelling unit. If the home occupation utilizes an accessory structure, the
42 structure is covered and enclosed;
43 (7) No sign advertising the home occupation is displayed on the premises;
44 (8) The home occupation does not involve outdoor storage, including but not limited to
45 any equipment or materials except as permitted in Chapter 17 -6 Vehicles;
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(9) The home occupation does not involve the use of mechanical, electrical or other
equipment that produces noise, electrical or magnetic interference, vibration, heat,
glare, or other nuisance outside the residential dwelling unit or accessory structure in
which the home occupation occurs;
(10) The home occupation does not increase the average daily automobile trips
generated by the residence in which the home occupation is located;
(11) Upon issuance of a permit, the applicant must apply for and maintain any required
license and/or business tax for the home occupation where otherwise required;
(12) The home occupation does not dispose of any solid waste at the occupation
address which was not generated at the occupation address; and
(13) The home occupation has obtained a commercial collection service agreement if
the business creates or generates any solid waste at a location other than the home
occupation address.
(e) Public notification of pending approval. The planning director, after determining that an
application for a home occupation special use permit is in compliance with the
requirements of this section, shall give notice of the pending approval as follows:
(1) The planning director shall provide written notice by regular mail to owners of real
property located within 300 feet of the property that is the subject of the proposed
home occupation;
(2) The applicant shall post the property of the proposed home occupation with a
waterproof sign(s) provided by the planning department which is so located that the
notice(s) shall be easily visible from all public streets and public ways abutting the
property. The property shall remain posted for no less than 30 calendar days
beginning within two weeks of the mailing date of the written notice required by
subsection (e)(1); and
(3) The notices in subsections (e)(1) and (e)(2) of this section shall provide a brief
description of the proposed home occupation and indicate where the public may
examine the application. The cost of providing this notice shall be borne by the
applicant.
(f) Decision by the planning director. After 30 calendar days of posting the property and
upon a finding that the proposed home occupation complies with all of the requirements
of this section, the planning director shall issue a home occupation special use permit,
with or without conditions. The permit and the affidavit attesting to compliance with the
above requirements shall be filed with the clerk of the court and recorded in the official
records of the county. The permit shall authorize only the current resident of the dwelling
unit for the particular home occupation proposed and shall not be transferable to another
location or to another person or entity.
(g) Public hearing on an application for a home occupation special use permit. If requested
in writing to the planning director by the applicant, or an adversely affected owner or
resident of real property located in the county, during the required 30 calendar days of the
posting, a public hearing date shall be scheduled on the application for a home
occupation special use permit. All costs related to the public hearing shall be the
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I responsibility of the applicant. The public hearing shall be conducted by the planning
2 commission in accordance with the provisions of section 110 -6.
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4 (h) Revocation. The planning director shall have the authority to initiate actions to revoke
5 home occupation special use permits and all such actions shall require a public hearing to
6 be conducted before the planning commission in accordance with section 102 -20. The
7 planning commission shall have the authority to revoke any home occupation special use
8 permit where there is competent and substantial evidence to establish any of the
9 following:
10 (1) That an application for home occupation special use approval contains knowingly
11 false or misleading information;
12 (2) A violation by the holder of a home occupation special use permit of any provision of
13 this section;
14 (3) A violation of any condition of the home occupation special use permit imposed
15 pursuant to this section; or
16 (4) That the home occupation constitutes a public or private nuisance under state law.
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18 Section 3. Severabilitv.
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20 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
21 adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
22 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
23 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
24 involved in the controversy in which such judgment or decree shall be rendered.
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26 Section 4. Conflicting Provisions.
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28 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
29 extent of said conflict.
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31 Section 5. Transmittal.
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33 This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
34 380.05 (11) and F.S. 380.0552(9).
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36 Section 6. Him!.
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38 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
39 become effective until a final order is issued according to F.S. 380.05(6) by the Florida State
40 Land Planning Agency or Administration Commission approving the ordinance, and if the final
41 order is challenged, until the challenge to the order is resolved pursuant to F.S. Chapter 120.
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I Section 7. Inclusion in the Monroe County Code
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3 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
4 of the County of Monroe, Florida, as an addition or amendment thereto, and shall be
5 appropriately renumbered to conform to the uniform marking system of the Code.
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7 Section 8. Effective Date.
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9 This ordinance shall become effective as provided by law and stated above.
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12 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
13 at a regular meeting held on the 20th day of August , 2014.
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15 Mayor Sylvia Murphy Yes
16 Mayor pro tem Danny L. Kolhage Yes
17 Commissioner Heather Carruthers Yes
18 Commissioner George Neugent Yes
19 Commissioner David Rice Yes
1)n
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Sylvia urphy
HEAVILIN, CLERK
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30 Deputy C1 rk
'� ;CRNEY
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FLORIDA DEPARTMENT O STATE
RICK SCOTT
Governor
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:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 013 -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.tl.us