Item R7BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 164 2013,
Bulk Item: Yes No X
Division: Growth MgMement
Department: Code Com liance
Staff Contact Person/Phone #
Ronda Norman X2520
AGENDA ITEM WORDING: A Public Hearing to consider adoption of County ordinance amending
Section 17-2 and Section 25-35 and creating Section 17-6, of the Monroe County Code to further
clarify prohibition and enforcement regarding the parking and storage of vehicles and watercraft and/or
wrecked, inoperative or partially dismantled vehicles and watercraft on County roads, and rights -of -
ways, on private property and in residential districts throughout Monroe County.
ITEM BACKGROUND: On 8/18/2010, Monroe County adopted Ordinance No. 025-2012 amending
Chapters 19 and 25 of the Monroe County code to clarify prohibited uses of County streets and rights
of ways and providing limitations on appeal processes, additional enforcement measures, penalties and
increased fees for permits. This action was taken in response to the volume of citizen complaints and
incidents involving obstruction of our streets and rights -of -ways by semi -permanent structures within
the right-of-way, on or off the payment, for which neither the existing MCC, nor Florida Statutes,
effectively clarified nor provided adequate enforcement measures to alleviate the problem. The
proposed ordinance provides additional amendments to Chapters 17 and 25 to further clarify these
prohibitions and provide enforcement by the appropriate officials on County roads and right-of-ways,
on private property and in residential districts throughout Monroe County.
PREVIOUS RELEVANT BOCC ACTION: On August 18, 2010 the BDCC approved Ordinance
025-2012. On October 20, 2012 the BDCC approved a Public Hearing for 3:00 p.m. on November 20,
2012 in Key Largo, Florida. On November 20, 2012, the BDCC continued the Public Hearing to
January 16, 2013.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
BUDGETED: Yes No
COST TO COUNTY: SOURCE OF FUNDS. -
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
ORDINANCE NO. �2013
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA PROVIDING FOR AMENDMENT OF MONROE COUNTY CODE
CHAPTERS 17 AND 25; PROVIDING CLARIFICATION OF WATERCRAFT AND VESSELS
WHICH MAY NOT BE STORED IN SECTION 17 -2(h); PROVIDING FOR CREATION OF
SECTION 17-6; PROVIDING FOR MOVEMENT OF PROHIBITIONS REGARDING
PARKING AND STORAGE OF TRUCKS, TRAILERS AND TRAVEL TRAILERS FROM
SECTION 25-35 TO SECTION 17-6; PROVIDING FOR ELIMINATION OF INCONSISTENT
LANGUAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, The Board Of County Commissioners of Monroe County, Florida on August 18, 2010 approved
Ordinance 25-2010, adding Specific sub -Sections to Monroe County Code 25-35 for the enforcement and
penalties for traffic and vehicles on Monroe County roads rights -of -way to be enforced by a law enforcement
officer or a parking enforcement specialists; and
WHEREAS, certain sub -sections of the MCC 25-35 also address the storage of vehicles on private property
which is not enforceable by a law enforcement officer or parking enforcement specialist; and
WHEREAS, that portion of section 25-35 which is not enforceable by law enforcement officers should be moved
to a new section (17-6) to allow authorization of enforcement by code compliance officers; and
WHEREAS, the intent of this new section prohibiting the storage and parking of certain vehicles in residential
zoning districts is to prevent diminution of property values and to retain the residential community character of
the neighborhood; and
WHEREAS, a common complaint from the public pertains to derelict unsightly vessels and junk cars; and
WHEREAS, it is deemed in the interest of public to expand on the description of watercraft and vessels in
section 17-2(b) to clarify under what conditions watercraft and vessels may not be stored; and
WHEREAS, Section 17-2(c) should be removed to avoid inconsistent interpretations of code compliance
actions;
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe County, Florida that:
SECTION 1. Section 25-35, Monroe County Code, shall be amended to read:
Sec. 25-35. - , 5storage of vehicles on County„right-of-way_
prohibited.
(a) Within any residential district, no trucks, trailers, travel trailers, Or buses of one -ton or greater
capacity or recreational vehicle -type units, as defined in F.S. § 320.01, in excess of 42 feet in length and in
excess of 8.5 feet in width shall be stored on the paved part of any public right-of-way.
PMMArh No trailers of less than one -ton capacity, including all
pleasure boat trailers regardingLess of capacity, collapsible camping trailers and cargo trailers shall be parked
' ._or stored on any public right-of-way, but such trailers may be parked
on private property in any district pursuant to subsection 17-6 and art Il of this Code. «' of {"'r. confinn mncl this
Ord. Changing Ch. 17 & 25
{�}�No motor vehicle of any type shall be stored, ' , on any public right-of-way. A
motor vehicle parked on a public right-of-way in excess of 72 hours shall be presumed to be stored.
mor
{#}�gl A law enforcement officer or parking enforcement specialist who discovers a vehicle parked in violation of
this section may issue a ticket in the form used by the county for parking violations to the driver or, if the vehicle
is unattended, attach the ticket to the vehicle in a conspicuous place. All parking ticket penalties collected
pursuant to this section must be remitted to the county's general fund.
{g�-L(Lln the case of a violation of this section, the law enforcement officer or parking enforcement specialist, in
addition to charging the owner or operator with any noncriminal violation set forth in subsections (a) through W
f.cl of this section, may have the vehicle towed and impounded at the owner's expense. The cost of such towing
and impoundment shall be a lien against the vehicle. If the county court determines that the noncriminal violation
charged was invalid:
(1) The vehicle must be immediately released without charge and with the lien provided for in this
section automatically extinguished; or
(2) If the owner or operator has paid the cost of towing and impoundment, the amount paid must be
refunded.
SECTION 2 Section 17-2, Monroe County Code, shall be amended to read:
Section 1 ?-2. rr
. Inoperative
Vehicles and Watercraft
(a) Within all land use districts except Industrial ill districts, all vehicles that are inoperative and/or unlicensed
for a period of ten days shall be prohibited on any public right-of-way or on private property except within a
completely enclosed garage.
(b) Within all land use districts except Industrial 11 districts, all watercraft that are wrecked, inoperative, gartially
dismantled and/or decayed and/or abandoned or stored on a boat trailer that is not ready for
highway use for a period of 3o days '
Ord. Changing Ch. 17 & 25
shall be prohibited on any waterway, shore, private or public property
unless contained in a completely enclosed building.
SECTION 3 Section 17-6, Monroe County Code, shall be created to read:
Section 17-6 Parking and Storage of Trucks, Trailers and Travel Trailers
(a) Prohibited: Within any residential. district,. no trucks, trailers, travel. trailers, or buses of one -ton or greater
capacity or recreational vehicle-fype units, as defined in F.S.§ 320.01, in excess of 42 feet in length and in
excess of 8.5 feet in width shall be parked or stored on private property except within a completely enclosed
garage. Construction, landscaping or land clearing equipment may only be parked or stored on the same lot for
which it is actively being used to conduct the scope of work related to a valid active permit or contract for
services.
(b) Permissible for "allowed"): All other trucks and trailers, including, all pleasure boat trailers, recreational
vehicle -type units, or collapsible camper trailers may be parked_or stored on private pro-peq in any district
pursuant to the following conditions:
(1) All vehicles parked in accordance with this article shall be parked taking into account the setback
requirements as is set forth in part II of this Code.
(2) All recreational vehicle -type units that are parked or stored as per the provisions of this article shall not be
used as a place of habitation.
(3) All vehicles as referred to in this section may only be parked on the same lot or contiguous lot with and after
the grincigal structure is erected.
(4) All vehicles parked or stored in accordance with this article must be registered in the name of the owner or
the tenant of the -property -where they are parked.
(5)only one recreational vehicle -type unit as defined in F.S.§ 320.01,, shall be permitted on any one. residential
or mobile home lot for storage purposes as provided in this section.
Ord. Changing Oh. 17 & 25
SECTION 4: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to be
unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances,
such holding shall not affect its applicability to any other person, property or circumstances.
SECTION 5: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of said conflict.
SECTION 6: INCLUSION IN CODE OF ORDINANCES. 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: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of
state and shall be effective as provided in section 125.56(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular
meeting of said Board held on the this day of , 2013.
Mayor George Neugent
Mayor Pro Tern Heather Carruthers
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
(SEAL)
ATTEST: Amy Heavilin, Clerk Ad Interim
BY:
Deputy Clerk
Ord. Changing Ch. 17 & 25
Mayor George Neugent
Monroe County Department of Planning and Environmental Resources
Administrative Interpretation
November 2, 2001
TO: Growth Management Staff
FROM: Aref Joulani, Director of Planning
& Environmental Resources
ADMINISTRATIVE INTERPRETATION NO: 01-101
RE: Parking in Setbacks (Section 9.5-4 (S-4)
Issue
The question has been raised of whether a small residential lot can use the front yard setback for the
required parking. This is primarily a concern in older subdivisions during replacement of the dwelling
unit or construction of a new dwelling on an infill lot, where the existing dwelling units in the
subdivision are currently parking in the setback. In areas above "flood" this is especially a hardship,
because the house would not normally be elevated to permit parking below.
Interpretation
Front yard setback requirements are, traditionally, to insulate the dwelling unit from the street activities
and to enhance the aesthetic appeal and privacy of the principal residence. Setbacks have also been
'Used to maintain the quality of the entire neighborhood by requiring a level of uniformity and
providing front yard views. (In MD the waterside is the front yard - to protect the view, both from
water and adjoining lots).
The Monroe County Setback definition (9.5-4 (S-4)) goes R ther and states "open space at grade
between the building and the property line of the lot on which the building or structure is located" --
"unobstructed from the ground upward". Structure is defined in (D-8) to include roads. Although,
driveways have always been permitted to traverse the setback (how else to get into the property), they
are not specifically exempted, as are fences. Following this logic, driveways and by extension the
parking on the driveway was not even considered as a use which would be excluded.
Therefore, the two required off street parking spaces for a single family dwelling (Sec 9.5-3 51 (c));
that are required (g) to be located on the premises, may be in the front yard setback. The parking area
may not be covered because it would then no longer be "unobstructed from the ground upward."
*From a KMC Memo dated 614101