Item G4 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 16, 2014 Division: Growth Manaizement
Bulk Item: Yes X No — Department: Planning& Environmental Resources
Staff Contact Person/Phone#: Christine HurlqL Ext. 2517
Jos Haberman, Ext. 2532
AGENDA ITEM WORDING:
Approval to advertise a Public Hearing to consider an ordinance amending §23-114 of the Monroe
County Code(MCC) relating to mobile repair and service businesses.
ITEM BACKGROUND:
The current provisions in MCC §23-114 regarding mobile repair or service businesses do not
adequately express the requirement for home occupation special use permits for those businesses that
are based from residences. The intent of this ordinance is to clarify this requirement and direct readers
of MCC §23-114 to MCC §130-124, which provides the requirements and application process for a
home occupation special use permit.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATION:
Approval to advertise a Public Hearing for 3:00 P.M. on August 20, 2014 at the Murray Nelson
Government Center in Key Largo.
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No N/A
DIFFERENTIAL OF LOCAL PREFERENCE:N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty� , OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM#
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 2014
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11 AN ORDINANCE BY THE MONROE COUNTY BOARD O
12 COUNTY COMMISSIONERS E G SECTION -114,
13 MOBILE REPAIRSERVICE, REVISING THE PROVISIONS
14 TO ADDRESS MOBILE BUSINESSESTHAT ARE BASED OR
15 OPERATED: O SI EN+CES, PROVIDING FOR
16 SEVE ILITY; PROVIDING PE L
17 ORDINANCES CO SIST NT E PROVIDING FOR
18 INCORPORATION INTO THE MONROE COUNTY CODE F
19 ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
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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
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25 WHEREAS, the Commission makes the following Conclusions of Larry: l) 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;
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31 NOW, THEREFORE, E IT ORDAINED BY THE MONROE COUNTY BOARD OF
3�2 COUNTY COMMISSIONERS:
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3�4 Section 1. Section 3-114 of the Monroe County Code shall be amended as follows (deletions
3�5 are s a and additions are underlined
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37 Sec. 23-114. Mobile repair or service.
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39 Every person engaged in the operation of a mobile repair or mobile service business, no
40 matter what type of conveyance is used for that purpose, whether or not operated in
41 conjunction with some other line of business, roust pay a business tax of$25.00. In the
42 event the o eration is based from a residence the use shall Eeguire a home occupation
43 special use,permit pursuant to section 130-124.
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Page 1 of 2
I Section 2. Severabilily..
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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.
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9 Section 3. Conflicting Provisions.
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11 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
12 extent of said conflict.
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14 Section 4. Inclusion in the Code of Ordinances.
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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.
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20 Section 5. Transmittal and Effective Date.
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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.
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25 PASSED AND ADOVYED by the Board of County Commissioners of Monroe County, Florida
26 at a regular meeting held on the day of . 2014.
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28 Mayor Sylvia Murphy
29 Mayor pro tem Danny L. Kolhage
30 Commissioner Heather Carruthers
31 Commissioner George Neugent
32 Commissioner David Rice mm
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34 BOARD OF COUNTY COMMISSIONERS
35 OF MONROE COUNTY, FLORIDA
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37 BY:
38 Mayor Sylvia Murphy
39 (SEAL)
40 ATTEST: AMY HEAVILIN, CLERK
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43 Deputy Clerk
IWZE COUNTY ATTOR114EY
I A P4 'ED 'TO FOR1.1d A �RO V Z D
at
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MEMORANDUM
oN OE COUNTY PLANNING& ]ENVIRONMENTAL REsouRcEs DEPARTMENT
To: Monroe County Board of County Commissioners
Through: Christine urley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning Environmental eso ces
From Joseph Haberman, AICP, Planning& Development Review Manager
Date: June 17, 201
Subject: AN ORDINANCE BY THE MON OE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING SECTION 23-11 , MOBILE REPAIR OR
SERVICE, REVISING THE PROVISIONS TO ADDRESS MOBILE BUSINESSES
THAT ARE BASED OR OPERATED FROM RESIDENCES, PROVIDING FOR
SEVE BILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE
ONOE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
Meeting: 1 ,2014 (Request toAdvertise)
August2 ,2014 (Public Hearing)
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2 I REQUEST
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e Planning& Environmental Resources Department is Proposing an amendment to the text
of§23-114 of the Monroe County Code (MCC). The purpose of the proposed amendment is
to revise the provisions to address mobile businesses that based or operated from residences.
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II RELEVANT PRIOR COLNTY ACTIONS:
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10 In 2003, the Board of County Commissioners passed and adopted. Ordinance 007-2 3.
11 Among amendments to other MCC sections, this ordinance modified the definition of home
12 occupation in MCC §9,5-4 (later renumbered to MCC 101-1) and established requirements
13 for home occupations in MCC §9.5-25 (later renumbered to MCC §130-124), The main
14 purpose of the ordinance was to relocate the criteria and process for obtaining home
15 occupation approvals from the definition section of the MCC to the regulatory sections of the
1+5 MCC. In addition, the ordinance revised the criteria and modified the process by removing
17 the public hearing requirement.
Page 1 of 3(File 1 -00 )
1 111 REVIEW
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3 The current provisions in MCC §23-114 regarding mobile repair or service businesses do not
4 adequately express the requirement for home occupation special use permits for those
5 businesses that are based from residences. The intent of this ordinance is to clarify this
6 requirement and direct readers of MCC §23-114 to MCC §130-124, which provides the
7 requirements and application process for a home occupation special use permit.
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9 Mobile businesses are often based out of residences and the existing home occupation criteria
10 do not appropriately regulate this business practice. This deficient language results in
I I difficulty in pursuing code compliance in cases where mobile businesses change the essential
12 residential characters of the dwelling units.
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14 In addition, staff is proposing consistent amendments to MCC §101-1 and MCC §130-124.
15 As these sections are situated in the Land Development Code, those amendments are
16 processed differently (a request to advertise the ordinance is not required; however a review
17 by the Planning Commission is required). Both ordinances are anticipated to be scheduled for
18 public hearings by the Board of County Commiss ioners on June 11, 2014.
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20 See. 23-71. Definitions.
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22 The following words, terms and phrases, when used in this article, shall have the
23 meanings ascribed to them in this section, except where the context clearly indicates a
24 different meaning:
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28 Mobile food vendor means any person who sells, or offers for sale, any candy, ice crearn
29 confection, or any food or beverage for human consumption from any cart or vehicle of
30 any kind capable of locomotion.
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32 Mobile repair or mobile services business means any person who goes from house to
33 house or from place to place to provide minor repairs to structures or machinery or
34 electronic products not requiring a license under section 6-200, or to provide usual and
35 necessary maintenance services, including, but not limited to, mowing and yard service
36 (limited, absent a landscaping certificate of competency, to mowing grass, weeding,
37 trimming shrubs and trees under six feet tall, and removing the trimmings of such
38 activities),janitor service or maid service.
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Page 2 of 3(File#2014-001)
I Therefore, staff recommends the following changes (Deletions are and
2 additions are i41]d,e1'U10ed. Text to remain the same is in black):
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4 See. 23-114. Mobile repair or service.
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6 Every person engaged in the operation of a mobile repair or mobile service business, no
7 matter what type of conveyance is used for that purpose, whether or not operated in
8 conjunction with some other line of business, must pay a business tax of$25.00. llr)-.111-e'
9 CW."nt..the...01.);g� I oin a residence, the gse shall re, dre a horng� sation
_r 'Itiml is based ft
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10 syLe , a w a _.pem!jtj) �1jqnt to section, 1.3 0
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14 IV RECOMMENDATION
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16 Staff recommends that the Board of County Commissioners amend the Monroe County Code
17 as stated in the text of this staff report.
Page 3 of 3(File#2014-001)