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Item B2 Chapter 134Monroe County Comprehensive Plan Update Chapter 134 MISCELLANEOUS RESTRICTIONS ARTICLE I. IN GENERAL Sec. 134 -1. Vacation r-Rental *Uses. (a) Special vacation rental permit. An owner or agent is required to obtain an annual special vacation rental permit for each dwelling unit prior to renting any dwelling unit as a vacation rental, as defined in section 101 -1, except as provided for under subsection (b) of this section. A special vacation rental permit is nontransferable between owners. A change of ownership of the vacation rental unit shall require the new owner or his agent to obtain a new vacation rental permit for the residential dwelling unit. (b) Exemptions. A vacation rental permit is not required for the following: (1) A vacation rental of a dwelling unit located within a controlled access, gated community with a homeowner's or property owner's association that expressly regulates or manages vacation rental uses; or (2) A vacation rental of a dwelling unit within a multifamily building located within a multifamily district, which has 24 hour on -site management or 24 hour on -site supervision that has received an exemption from the planning director. To meet these site management or supervision requirements, a designated individual must be physically located within the building or within 300 feet of the subject building and must be available at all times to respond to tenants' and neighbors' complaints. To obtain an exemption under the provisions of this section, the owner or agent must submit an application to the planning department in a form prescribed by the planning director. (c) Vacation rental manager license. A vacation rental manager license is required from the county planning department for an individual to be a vacation rental manager under the provisions of this section. The vacation rental manager shall be: (1) The designated contact for responding to complaints made by neighbors against vacation rental tenants; and (2) Responsible for maintaining the guest register, leases, and official complaint response records for a vacation rental unit as required by this section. (d) Permit, license and fees. 134 -1 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update (1) Special vacation rental permits will be issued by the planning director, or designee, upon payment of a nonrefundable fee and submittal of a complete application in a form prescribed by the planning director in accordance with subsection (f) of this section. (2) Vacation rental manager licenses will be issued by the planning director, or designee, upon payment of a nonrefundable fee and submittal of a complete application to the planning department in a form prescribed by the planning director. (3) The annual fees for the special vacation rental permit and vacation rental manager license shall be established by resolution of the board of county commissioners. (4) A decision to approve or deny a special vacation rental permit may be appealed to the planning commission within 30 days pursuant to section 102 -185. (e) Regulations. All special vacation rental units, requiring a special vacation rental permit shall comply with the following regulations at all times: (1) No more than one motorized watercraft, including a jet ski or wave runner, shall be allowed at each vacation rental unit. The watercraft may be moored at either an existing on -site docking facility or stored on a trailer in an approved parking space. (2) Vehicles, watercraft and trailers shall not be placed on the street or in yards. All vehicles, watercraft and boat trailers must be parked or stored off - street in parking spaces specifically designated and approved in the special vacation rental permit. One vehicle parking space shall be required per bedroom or efficiency unit and one boat trailer space per vacation rental unit. (3) No boat docked at a vacation rental property shall be chartered to a person other than registered guests of the vacation rental unit or used for live - aboards, sleeping or overnight accommodations. In addition, recreation vehicles shall not be used for sleeping or overnight accommodations at the vacation rental unit. (4) Occupants shall be prohibited from making excessive or boisterous noise in or about any residential dwelling unit at all times. Noise, that is audible beyond the boundaries of the residential dwelling unit, shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m. weekdays and 11:00 p.m. and 9:00 a.m. on weekends. (5) All trash and debris on the vacation rental property must be kept in covered trash containers. Each vacation rental unit must be equipped with at least four covered trash containers for such purpose. Owners must post, and occupants must comply with, all trash and recycling schedules and requirements applicable to the vacation rental unit. Trash containers must not be placed by the street for pick -up until 6:00 p.m. the night before pick -up and must be removed from the area by the street by 6:00 p.m. the next day. 134-2 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update (6) A tenant's agreement to the forgoing rules and regulations must be made a part of each and every lease under F.S. § 509.01 for any vacation rental unit subject to the provisions of this section. These vacation rental regulations governing tenant conduct and use of the vacation rental unit shall be prominently posted within each dwelling unit subject to the provisions of this section along with the warning that violations of any of the vacation rental regulations constitutes a violation of this Code subject to fines or punishable as a second degree misdemeanor and is also grounds for immediate termination of the lease and eviction from the leased premises and criminal penalties under F.S. § 509.151 ( "defrauding an innkeeper "), F.S. § 509.141 ( "ejection of undesirable guests "), F.S. § 509.142 ( "conduct on premises) or F.S. § 509.143 ( "disorderly conduct on premises, arrest"). (7) The owner or agent shall require a lease to be executed with each vacation rental use of the property and maintain a guest and vehicle register listing all vacation rental occupants' names, home addresses, telephone numbers, vehicle license plate and watercraft registration numbers. Each lease and this register shall be kept by the vacation rental manager and available for inspection by county code enforcement personnel during business hours. (8) Vacation rental units must be registered, licensed and meet all applicable state requirements contained in F.S. ch. 212 (Florida Tax and Revenue Act) and F.S. ch. 509 (Public Lodging Establishments) as implemented by the Florida Administrative Code, as may be amended. (9) The vacation rental use must comply with all State of Florida Department of Health and State of Florida Department of Environmental Protection standards for wastewater treatment and disposal. (10) All vacation rental units shall have a vacation rental manager, who has been issued a vacation rental manager license by the planning department as provided for in subsection (h) of this section. The vacation rental manager shall reside within and be licensed for that section of the county (Upper, Middle, and Lower Keys) where the vacation rental unit is located and be available 24 hours per day, seven days a week for the purpose of promptly responding to complaints regarding conduct or behavior of vacation rental occupants or alleged violations of this section. Any change in the vacation rental manager shall require written notification to the planning department and notification by certified return mail to property owners within 300 feet of the subject dwelling. (11) Complaints to the vacation rental manager concerning violations by occupants of vacation rental units to this section shall be responded to within one hour. The neighbor who made the complaint shall be contacted by telephone or in person and informed as to the results of the actions taken by the manager. A record shall be kept of the complaint and the manager's response for a period of at least three months after the incident, which shall be available for inspection by the county code enforcement department during business hours. 134-3 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update (12) The name, address, and telephone number of the vacation rental manager, the telephone number of county code enforcement department and the number of the special vacation rental permit shall be posted and visible from the front property line of the vacation rental unit. (13) The tenants' agreement with the rules of conduct shall be posted in a conspicuous location in each vacation rental unit. (f) Special vacation rental permit application. A complete special vacation rental permit application shall include the following: (1) The complete legal description, street address, RE number and location of the vacation rental unit; (2) Proof of ownership and the name, address and telephone number of each and every person or entity with an ownership interest in the dwelling unit; (3) An approved Florida State Department of Health or Florida State Department of Environmental Protection inspection or certification of the adequacy of the sewage disposal system for use as a vacation rental unit; (4) The gross square footage of the dwelling unit, location and number of rooms, bedrooms, bathrooms, kitchens, apartments, parking spaces and any other information required to determine compliance with vacation rental requirements and compliance with this chapter; (5) A valid and current Florida Department of Revenue sales tax identification number under F.S. ch. 212 (Florida Tax and Revenue Act) and a valid and current permit, license or approval under F.S. ch. 509 (public lodging establishments); (6) The name, address, and telephone number of the vacation rental manager, including the vacation rental manager's license number; (7) The applicant 'shall sign a written statement granting authorization to county code enforcement department to inspect the premises of the vacation rental unit prior to the issuance of the special vacation rental permit and at any other time after issuance of such permit, concerning compliance with the county land development regulations; (8) The application shall bear the signature of all owners, all authorized agents and authorized managers of the owners; and (9) Any additional information required to determine compliance with the provisions of this section. (g) Notification to adjacent neighbors and permit, approval, issuance and appeal. 134 -4 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update (1) The applicant or agent shall send a "Notice of Vacation Rental Use Application" by certified return mail to all property owners located within 300 feet of the dwelling unit which is the subject of the special vacation rental permit application, not less than 30 days prior to the date of approval of the application. The notice of application shall be in a form prescribed by the planning director or his designee and shall clearly state the name, address and day /evening telephone numbers of each and every vacation rental manager, agent, caretaker and owner of the dwelling unit; the number of the county code enforcement department; and a copy of the tenants agreement. Notice to the adjacent property owners must include the following statement: "You have the right to appeal a decision to approve or deny this special vacation rental permit to the planning commission within 30 days under section 102 -185. You may have other rights that the county cannot enforce. Review of a special vacation rental permit application by the county will consider the existence of valid private deed restrictions, restrictive covenants or other restrictions of record that may prohibit the use of the dwelling unit for vacation rental purposes. You may wish to consult an attorney concerning these private rights." (2) The applicant or agent shall provide proof to the planning department of submitting the "Notice of Vacation Rental Use Application." The special vacation rental permit shall not be issued until proof of this notification is provided and the special vacation rental permit has been approved by the planning director after completion of an on -site inspection of the subject dwelling unit by the code enforcement department. When approved by the planning director, the special vacation rental permit shall not be issued until 30 days after the notices of application were sent to all property owners located within 300 feet of the dwelling unit that is the subject of the permit. (h) Fines or revocation of special vacation rental use permit. A special vacation rental permit shall be revoked by the planning commission and/or fines levied by the code enforcement special magistrate or a court of competent jurisdiction after a finding of a violation by the permit holder of this section, the special vacation rental permit or permit conditions or any material misrepresentation on the permit application, after the owner is given notice and a hearing is held by the planning commission, code enforcement special magistrate or a court of competent jurisdiction. . (i) Duration and renewal of special vacation rental use permit. Special vacation rental use permits shall expire one year after the date of their issuance, unless renewed within 30 days of their expiration date. Renewal of a special vacation use permit requires the owner or agent to submit an application in a form prescribed by the planning director to the planning department and payment of a nonrefundable fee, including proof of a current license and registration under F.S. ch. 509 and F.S. ch. 212. 0) Vacation rental manager license application, issuance, renewal, fines, and revocation. 134 -5 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update (1) An individual shall submit an application for a vacation rental manager license in a form prescribed by the planning director accompanied with a payment of a nonrefundable fee. The license shall be issued for a period of one year and renewable annually. The license shall be for only one specific section of the county (Upper, Middle, or Lower Keys) and no individual shall apply for or be issued more than one vacation rental manager license at a time. (2) After notice is given to the vacation rental manager and a public hearing is held, a vacation rental manager license shall be revoked by the planning commission and/or fines levied by the code enforcement special magistrate or court of competent jurisdiction upon a finding of. a total of two or more no responses to complaints registered by the public concerning tenants not following the terms of the tenants agreement, during any single year of the vacation rental manager's license; or two or more violations of this section which are pertinent to the duties and responsibilities of a vacation rental manager. A vacation rental manager license shall be revoked if the license holder is found in violation of any of the regulations in subsections (k)(1) — (k)(3) of this section. (3) An individual who has had his license revoked shall not be eligible to resubmit an application for obtaining a new vacation rental manager license until two years after the date of revocation of his license. (k) Prohibitions, enforcement, and penalties. (1) It shall be unlawful for any landlord, tenant, agent or other representative of a landowner to rent, lease, advertise or hold out for rent any dwelling unit for vacation rental use in any district where a vacation rental use is prohibited, except as otherwise exempted under this section. (2) It shall be unlawful for any landlord, tenant, agent or other representative of a landlord to rent, lease, advertise or hold out for rent any dwelling unit for a vacation rental use without a special vacation rental permit, except as otherwise exempted under this section. (3) After the effective date of the ordinance from which this section is derived, leases, subleases, assignments or any other occupancy agreements, for compensation for less than 28 days in duration: a. Shall not be entered into or renewed once they have expired or have terminated in any district in which tourist housing use is prohibited or in any district in which a vacation rental use is allowed unless a special vacation rental permit, building permit, inspection and certificate of occupancy for the vacation rental use (or for the conversion of an existing dwelling unit to vacation rental use) are first obtained; and b. Any pre- existing vacation rental uses shall not be considered a lawful nonconforming use under section 102 -56 and must be discontinued in any land use districts that prohibit vacation rental uses no later than 30 days after the effective date of the ordinance from which this section is derived. Except that a vacation rental use that 134 -6 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update was established, and had obtained all of the required state and local permits and licenses, prior to September 15, 1986, or under any Code provisions that expressly allowed vacation retail uses, may remain pursuant to section 102 -56. (4) Section 8 -36 shall not bar code enforcement for new vacation rental violations occurring after the effective date of the ordinance from which this section is derived. (5) Prima facie evidence of vacation rental uses of a dwelling unit shall include: a. Registration or licensing for short -term rental or transient rental use by the state under F.S. chs. 212 (Florida Tax and Revenue Act) and 509 (public lodging establishments); b. Advertising or holding out a dwelling unit for vacation rental use; c. Reservations, booking arrangements or more than one signed lease, sublease, assignment, or any other occupancy or agreement for compensation, trade, or other legal consideration addressing or overlapping any period of 28 days or less; or d. The use of an agent or other third person to make reservations or booking arrangements. (6) A violation of any of the regulations in subsections (k)(1)--(k)(3) of this section shall be punishable as a second degree misdemeanor and by a fine of up to $500.00 per day, per unit, per violation. The code enforcement department may also enforce the terms of this section by bringing a case before the special magistrate pursuant to section 8 -37, or by citation under section 8 -35, F.S. § 162.21 (as may be amended), or 76 -435, Laws of Florida (as may be amended). If a code enforcement citation is issued, the fine shall be $250.00 for the first offense and $500.00 for each subsequent offense. (7) In addition to any other remedies available to the county (including code enforcement pursuant to F.S. ch. 162). The county or any or other adversely affected party may enforce the terms of this section in law or equity. Any citizen of the county may seek injunctive relief in a court of competent jurisdiction to prevent a violation of this section or to revoke a special vacation' rental permit or vacation rental manager license, as set forth in this section. Attorney's fees and costs incurred in an action to enforce these regulations concerning vacation rental uses may be awarded to a substantially prevailing party at the discretion of the court. 1347 Keith and Schnars, P.A. Land DeNelopment Code: March 2016 Monroe County Comprehensive Plan Update Sec. 134 -2. Home Occupation Special Use Permit. <Moved from Section 130-124> (a) Applicability Home occupation special use permits may be approved in any land use (zoning) district in which residential use is allowed, including nonconforming residential uses where such uses were otherwise lawfully established. Home occupation means a business, profession, occupation or trade operated from and/or conducted within a residential dwelling unit (or within an accessory structure thereto) for gain or support by a resident of the dwelling unit For the poses of this section home occupations include mobile businesses that are based or operated from a residence or residential property. (b) Applications. Applications for home occupation special use permits shall be submitted to the Planning Director on forms provided by the Planning Director. The application shall include a properly executed affidavit and agreement from the applicant attesting to and a rg eein�to compliance with the standards and requirements for home occupations as outlined in this section. (c) Authority. The Planning Director is authorized to approve and otherwise administer home occupation special use permits as specifically set forth in this section. (d) Review by the Planning Director. Within 15 working days of receiving a complete application, the Planning Director shall determine whether the proposed home occupation is consistent with the following standards and requirements: (1) The home occupation is incidental and secondary to the principal residential use of the residential dwelling unit; (2) The home occupation does not change the essential residential character of the principal residential use; (3) Not more than one person who is a nonresident of the residential dwelling unit is directly or indirectly employed by or for the home occupation; (4) The home occupation use does not occupy more than 20 percent of the total floor area of the residential dwelling unit and, if the home occupation use utilizes an accessory structure(s), it does not occupy more than 20 percent of the total covered and enclosed residential floor area on the property; (5) The home occupation does not involve any retail sales or service that necessitates or requires customers to visit the residential dwelling unit or the property, nor does the physical address of the residence appear on any advertising materials including stationary and business cards; (6) Activities associated with the home occupation are not visible from any other residential dwelling unit. If the home occupation utilizes an accessory structure, the structure is covered and enclosed; ] 34 -8 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update (7) No sign advertising the home occupation is displayed on the premises; (8) The home occupation does not involve outdoor storage, including but not limited to any equipment or materials; (9) The home occupation does not involve the use of mechanical, electrical or other equipment that produces noise, electrical or magnetic interference, vibration, heat, lg are, 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 automobile trips generated by the residence in which the home occupation is located, 01)Upon issuance of a permit, the applicant must immediately apply for any required licenses) and/or business tax for the home occupation where otherwise required, and continuously maintain such required licenses) and/or business tax for the duration of the issued permit, (12) The home occupation does not store or 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 and Environmental Resources 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 be ig nning 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 134 -9 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update 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(s) of the dwelling unit for the particular home occupation proposed and shall not be transferable to another location or to another person or entity. Such current resident(s) who have obtained a home occupation special use permit shall immediately notify the Planning Director in writing, by U.S. Postal Service certified mail return receipt requested, when such permitted home occupation special use has been abandoned, discontinued, or otherwise ceased. (g) Public hearing on an application for a home occupation special use permit. If requested in writing to the Planning Director b the he 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 responsibility of the applicant. The public hearing shall be conducted by the Planning Commission in accordance with the provisions of sSection 110 -6. (h) Expiration. A permit issued pursuant to this section shall not be transferable and shall automatically expire upon the sale of or transfer of an interest in the permitted dwelling unit. If permitted applicant intends to remain at the permitted dwelling unit and lawfully continue the authorized special use after such sale or transfer of interest(s), the permitted applicant shall notify, by notarized affidavit, the planning director, by U.S. Postal Service certified mail return receipt requested, of his/her intent to lawfully continue the originally permitted home occupation special use. Such notification must be received by the planning director at least thiM (30) days prior to such sale or transfer of interest(s). (i) Revocation. The Planning Director shall have the authority to initiate actions to revoke home occupation special use permits and all such actions shall require a public hearing to o be conducted before the Planning Commission in accordance with Section 102 -20. The Planning Commission shall have the authority to revoke any home occupation special use permit where there is competent and substantial evidence to establish any of the following_ (1) That an application for home occupation special use approval contains knowingly false or misleading information; ' (2) A violation by the holder of a home occupation special use permit of any provision of this section; (3) A violation of any condition of the home occupation special use permit imposed pursuant to this section, or (4) That the home occupation constitutes a public or private nuisance under state law. (5) That the principal or accessory structure(s) which is /are subject to the permitted home occupation special use is /are illegal or has/have been illegally improved. 134 -10 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update (6) That the principal residential structure or dwelling unit of which is /are subject to the permitted home occupation special use has been destroyed. (7) That the underlying real property's (of which is subject to the permitted home occupation special use) principal residential use has been abandoned, discontinued, or otherwise ceased/terminated. (8) That the permitted home occupation special use has been abandoned, discontinued. or otherwise ceased/terminated. Sec. 134 -3. Local Exemption to Allow Patrons' and Employees' Dogs in Public Food Service Establishments. <Moved from Section 130 -101> (a) Definitions. Division means the division of hotels and restaurants of the State of Florida Department of Business and Professional Regulation. Employee means a person employed by the subject public food service establishment for wages or salary or on an official volunteer basis. Patron means the same as ueg st as provided in F.S. § 509.013. Public food service establishment means the same as provided in F.S. § 509.013. (b) No dosz shall be in a public food service establishment unless the public food service establishment has received and maintains an unexpired and valid permit pursuant to this section allowing dogs in designated outdoor areas of the establishment and in accordance with F.S. & 509.233. (c) Application requirements. Public food service establishments must apply for and receive a permit from the county before patrons' or employees' dogs are allowed on the premises. The county shall establish a reasonable fee to cover the cost of processing the initial application and renewals. The application for a permit shall require such information from the applicant as is deemed reasonably necessm Coto enforce the provisions of this section, but shall require, at a minimum, the following information: (1) Name, location, mailing address and division of hotels and restaurants - issued license number of the public food service establishment. (2) Name, mailing address, and telephone contact information of the permit applicant. The name, mailing address, and telephone contact information of the owner of the public food service establishment shall be provided if the owner is not the permit applicant. 134 -11 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update (3) A diagram and description of the outdoor area which is requested to be designated as available to patrons' or employees' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any, the entryways and exits to the designated outdoor area; the boundaries of the designated area and of the other outdoor dining areas not available for patrons' or employees' dogs; any fences or other barriers; surrounding properly lines and public rights -of -way, including sidewalks and common pathways; and such other information as is deemed necessary by the county. The diagram shall be accurate and to scale but need not be prepared by a licensed design professional. A copy of the approved diagram shall be attached to the permit. (4) A description of the days of the week and hours of operation that patrons' or employees' dogs will be permitted in the designated outdoor area. (5) Prior to the issuance of a permit, the applicant shall furnish the permitting official with a signed and notarized statement that the permittee shall hold harmless and indemnify the county, its officers and employees from any claims for damages to property or iniury_to persons which may be occasioned by any activity carried on under the terms of the permit. (6) Permittee shall purchase and maintain liability insurance consistent with the terms and conditions of the latest version of the Commercial General Liability Coverage Form as issued by the Insurance Services Office (ISO). The permittee must ensure that such insurance does not exclude or limit coverage for claims arising out of incidents related to or caused by animals. Such insurance shall provide limits of not less than $1,000,000.00 per occurrence. All insurance shall be from companies duly authorized to do business in the State of Florida and acceptable to the county. The county shall be named as an "Additional Insured" on the required insurance. All policies required under this ordinance shall provide that such policies may not be terminated or cancelled without 45 days' written notice. Permittee shall send notice of termination or cancellation of insurance policies via certified mail to the licensing official. Termination or cancellation of the insurance required will result in the permit being suspended immediately and revoked as set forth in section (e) herein. (c) Regulations. Public food service establishments that receive a permit for a designated outdoor area pursuant to this section shall require that: (1) Employees wash their hands promptly after touching, petting, or otherwise handling any dog(s) and shall wash their hands before entering other parts of the public food service establishment from the designated outdoor area. "Employee" or "employees" shall include, but is not limited to, the owner(s), operator(s), manager(s) or assistant manager(s) of the public food service establishment. 134 -12 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update (2) Employees are prohibited from touching, petting or otherwise handling any dog while serving or carrying food or beverages or while handling or r carrying tableware. (3) Patrons in a designated outdoor area shall be advised by appropriate signage, at conspicuous locations, that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area. (4) Patrons in a designated outdoor area shall be advised by appropriate signage, that all dogs shall be kept on a leash, that at all times all patrons with dogs shall keep such dogs under reasonable control, and that such patrons shall not leave their dogs unattended. (5) Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations. Patrons shall be advised of this requirement by appropriate signage at conspicuous locations. (6) Patrons and employees' shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control. Patrons and employees' shall not leave their dogs unattended. (7) Employees and patrons shall not allow any part of a dog to be on chairs, tables, or other furnishings. (8) Employees shall clean and sanitize all table and chair surfaces with an approved product between seating of patrons. (9) Employees shall remove all dropped food and spilled drink from the floor or ground as soon as possible but in no event less frequently than between seating of patrons at the nearest table. (10) Employees and patrons shall remove all dog waste immediately and the floor or ground shall be immediately cleaned and sanitized with an approved product. Employees shall keep a kit with the appropriate materials for this purpose near the designated outdoor area. Dog waste shall not be carried in or through indoor portions of the public food establishment. (11) Employees and patrons shall not permit dogs to be in, or to travel through, indoor or non - designated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment must not require entrance into, or passage through, any indoor area of the food establishment. (12) A sign or signs notifying the public that the designated outdoor area is available for the use of patrons and patrons' or employees' dogs shall be posted in a conspicuous manner that places the public on notice. 13413 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan U (13) A sign or signs informing_ patrons of these laws shall be posted on premises in a conspicuous manner and place. (14) Employees and patrons shall not allow any dog to be in the designated outdoor areas of the public food service establishment if the public food service establishment is in violation of any of the requirements of this section, or if they do not possess a valid permit. 05) Permits shall be readily available for inspection. (16) All dogs shall wear a current county license tag or rabies to or r the patron shall have a current license certificate or rabies certificate immediately available upon request. (d) Expiration and revocation. (1) A permit issued pursuant to this section shall not be transferred to a subsequent owner upon the sale of a public food service establishment but shall expire automatically upon the sale of the establishment. The subsequent owner shall be required to reapply for a permit if the subsequent owner wishes to continue to allow patrons' or employees' dogs in a designated outdoor area of the public food service establishment. (2) Permits shall expire two year(s) from the date of issuance, unless renewed by the application of the permittee and approved by the county. (3)A permit may be revoked by the county if, the grounds for revocation has not been corrected within 30 days after notice to the permittee, the public food service establishment fails to comply with any condition of approval, fails to comply with the approved diagram, fails to maintain any required state or local license, or is found to be in violation of any provision of this section. If the ground for revocation is a failure to maintain any required state or local license or insurance as required under section (c)(7) the revocation may take effect immediately upon giving notice of revocation to the permit holder. (4) If a public food service establishment's permit is revoked, no new permit may be approved until' the expiration of 90 days following the date of revocation, providing that the public food service establishment is in compliance and has paid any fines that may be im gssed. (e) Complaints and reporting. (1) Complaints may be made in writing to the sCode eafeFeemeMCompliance dDepartment which shall accept, document, and respond to all complaints. The eCode ° ffeFeemen4 Compliance dDepartment shall timely report to the division of restaurants and hotels (the division) all complaints and the response to such complaints. 134-14 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update (2) The county shall provide the division Nvith a copy of all approved applications and permits issued. (3) All applications, permits, and other related materials shall contain the division - issued license number for the public food service establishment. (4) The patron or employee, or both, may be issued civil citations for each violation of this section. (fl Penalties. Citations issued for violations of any provisions of this section shall be brought forth before the code enforcement special magistrate or in county court pursuant to F.S. eh chapter 162 or eChapter 8 of the Code of Ordinances for Monroe County. Each instance of a dog on the premises of a public food service establishment without a permit is a separate violation. Secs. 134 - 4134 -20. Reserved. 134 -15 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update ARTICLE II. SEXUALLY ORIENTED BUSINESSES Sec. 134 -21. Purpose and intent. It is the purpose of this article to regulate sexually oriented businesses as to promote the health, safety, and general welfare of the citizens of the county, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the unincorporated area of the county. The provisions of this section have neither the purpose or intent of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials, or other aspects of constitutionally protected speech. It is not the intent of the ° - of rVA ,,.,*., 68 ffifHiSSiggnP - ° BOCC to legislate with respect to matters of obscenity in this article, as those matters are regulated by federal and state law, particularly, F.S.- el , ,. Chapter 800 and F.S. el-. Chapter 847. Similarly, it is not the intent or effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny the distributors and exhibitors of sexually oriented entertainment access to their intended market. Neither is it the intent or effect of this article to condone or legitimize the distribution of sexually oriented material. Sec. 134-22. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Sexually oriented bookstore means an establishment that rents and/or sells sexually oriented materials in any form to the public and meets any one of the following three tests: (1) The revenues from sexually oriented materials represent more than ten percent of the gross revenues of the establishment over the same period; (2) Twenty -five percent or more of the stock -in -trade consists of sexually oriented materials; or (3) It advertises or recognizes itself in any forum as "XXX," "adult," "sex" or otherwise as a sexually oriented business. Sexually oriented business means individually or in combination a sexually oriented bookstore, sexually oriented entertainment establishment, or sexually oriented motion picture theater as defined herein, and any other establishment whose employees display or expose specified anatomical areas as defined herein. Sexually oriented entertainment establishment means an establishment whose employees exhibit or display specific sexual activities or expose specified anatomical areas while performing. Sexually oriented materials means books, magazines, periodicals, or other printed matter, or photographs, CD -ROMs or other devices used to record computer images, films, motion pictures, video cassettes, digital video disks (DVDs), slides or other visual representations or 134 -16 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update recordings which have as their primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. Sexually oriented motion picture theater means an establishment designed to permit the viewing of motion pictures and other film material that has as its primary or dominant theme matters depicting, illustrating or relating to specified sexual activities for observation by the patrons thereof. Specified anatomical areas means: (1) Less than completely and opaquely covered: human genitals, pubic region, the human buttocks, and female breast below a point immediately above the top of the areola; and/or (2) Human male genitals in a discernibly turgid state, even if completely covered. Specified sexual activities means human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, bestiality, or fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts. Sec. 134 -23. Applicability. (a) Sexually oriented businesses shall be allowed in land use (zoning) districts that permit commercial development per eChapter 130, aArticle III, with the following restrictions: (1) No sexually oriented business shall be located within 500 feet of the property line of any property used for residential purposes. (2) No sexually oriented business shall be located within 500 feet of any property used as a place of worship, a public park, or a school. (3) No sexually oriented business shall be located within 500 feet of another sexually oriented business. (4) Sexually oriented businesses shall opaquely cover each window or other opening through which a person at the establishment may otherwise see inside the establishment. (5) Signs for a sexually oriented business shall not depict specified anatomical areas or specified sexual activities. (b) For the purposes of subsection (a) of this section, distances from properties shall be calculated by straight line measurement from property line to property line, using the closest property lines of the parcels of land involved. 134 -17 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update Sec. 134 -24. Nonconforming *Uses. (a) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a resident, a property used as a place of worship, a park, or a school within 500 feet of it. This provision applies only to a legally established sexually oriented business, not to any sexually oriented business that had been terminated for any reason or discontinued for a period of 90 days or more subsequent to the location of the residential use, place of worship, park or school. (b) Within one year of the effective date of the ordinance from which this section is derived, all existing sexually oriented businesses shall conform to the provisions of this article, or the use shall be terminated. 134 -18 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe Countv Comprehensive Plan U ARTICLE + _ - t _ ��17 r�7\ ��l �t�ii�l liii�T i \. \ill�1 L\ ►7 �L See. 134 52. PuFpese. <M oved to Chap (3) Fester eivie pFide in the aeeamplishments of the past; dOONM 134 - Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update 134 -20 Keith and Schnars, P.A. Land Development Code: March 2016 • •_ • 134 -20 Keith and Schnars, P.A. Land Development Code: March 2016 • MW 134 -20 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe Countv Comprehensive Plan U !�. . I ......... mg Mr. WNwomm • - - - - 1 w"r IMF r WON a . 134 - Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update IV, 09 . ........... W.W. "wV -.1 -M Ra. N1 1111 ...... ........ �. IN I �. .r.Tgary-T. NOW . . WN • wig 134 - Keith and Schnars, P.A. Land Development Code: March 2016 . ........... W.W. "wV -.1 -M Ra. N1 1111 ...... ........ IN I .r.Tgary-T. NOW WN wig MW 134 - Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update That in the histet� the > oF are (1) afe significant of > associated vAth events that aFe signifieant in the histei=y of the eounty, the state E)F the United States; Nam I'Mmuz. N�. PM W I N • I'Mmuz. N�. PM 134 - Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update — — MIRTMIR .s. s • a — — MIRTMIR .s. s 134 -24 Keith and Schnars, P.A. Land Development Code: March 2016 CALKELIBULLM 134 -24 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update 134 -25 Keith and Schnars, P.A. Land Development Code: March 2016 . ............ rM Ow a its 11 11141A�Ijil oil W HNNIM-10 WIN whol. 134 -25 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update the FeF a, a ...... I a designated histeFie site. This subseetien shall not app�y� demolition order- issued by a govemmental ageney with jur-isdietion to issue SUeh OFdeFS, OF a 134 -26 Keith and Schnars, P.A. Land Development Code: March 2016 _. MONROE Ira LMULMMSA I- Hffw.Ii �= the FeF a, a ...... I a designated histeFie site. This subseetien shall not app�y� demolition order- issued by a govemmental ageney with jur-isdietion to issue SUeh OFdeFS, OF a 134 -26 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update applieation shall detail the reasons why demolition is neeessaf- and shall PFOVide detailed plans 134 -27 Keith and Schnars, P.A. Land Development Code: March 2016 P 9 "Irr-r. 1 9frr-Iff 1 1N. , W. ' M.. 134 -27 Keith and Schnars, P.A. Land Development Code: March 2016 - - NOW 134 -27 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update 134 -28 Keith and Schnars, P.A. Land Development Code: March 2016 •� I MINOR- I SLIM -1-111111W. MON M WSM HIM IT lill 11 lam 134 -28 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update See. 134 61. Assignment of the phinning dir-eetor's duties find fees. 134 -29 Keith and Schnars, P.A. Land Development Code: March 2016 - - IM 4 lop IgN OpOiNple W" See. 134 61. Assignment of the phinning dir-eetor's duties find fees. 134 -29 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update S ee. 134 4 1 . De fi n i tions - . <Moved to Chapter 135> The folio-wing weFds, terms and phrases, when used in this m4iele, shall have the mean' F-oundwien means the HisteFie Per-ida Keys Foundation. hmprevement-s mean ehafiges in the eandition of real PFOpeFty brought about by the e*penditure geese. the e F rm an d :..t o f'., p p es t a bli s h th s t a bilit y o f an uns afe o deaterie-r-Ated pr-epef4y while maintaining the eSS k A t * -A] fer.m. of the pr-epef4y as it present!) exists. .,r b th placement of m i s si ng o.,..l;or . .,,-L �7.T.�i re7�•L Ub"'A all" 134 -30 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update 134 -31 Keith and Schnars, P.A. Land Development Code: March 2016 • .� NO . MW 11 .• Nil • • �� •� IN 134 -31 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update a ------ ]illL • Ma • •• if denied, e «:t the resolution must state the for- , the denial. o 134 -32 Keith and Schnars, P.A. Land Development Code: March 2016 ------ ]illL 134 -32 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update 134 -33 Keith and Schnars, P.A. Land Development Code: March 2016 If pwfpu • ��. Mai • ��. . WALS in 134 -33 Keith and Schnars, P.A. Land Development Code: March 2016 • ��. . WALS in JI M asws�aisw`s�a9s��s -- 134 -33 Keith and Schnars, P.A. Land Development Code: March 2016 Monroe County Comprehensive Plan Update 134 -34 Keith and Schnars, P.A. Land Development Code: March 2016 jo N" NINO 0 N . 1-- rfrafy 134 -34 Keith and Schnars, P.A. Land Development Code: March 2016 jo 134 -34 Keith and Schnars, P.A. Land Development Code: March 2016