Ordinance 009-2004 •
1 l
ORDINANCE NO. 009 —2004
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 19-129,
MONROE COUNTY CODE; REPLACING THE TERMS "MOTOR
COACHES, TRAVEL TRAILER, AND MOTOR HOMES" WITH
THE MORE INCLUSIVE TERM "RECREATIONAL VEHICLE-
TYPE UNITS"; PROVIDING FOR AN INCREASE IN THE
LENGTH AND WIDTH OF RECREATION VEHICLES THAT
MAY BE PARKED OR STORED IN A RESIDENTIAL DISTRICT;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, recent developments in the recreational motor home and coach
industry have led to longer and more expensive vehicles of greater than 35 feet in length
and 8 feet in width; and,
WHEREAS, Section 19-129, Monroe County Code (MCC), prohibits the storage
or parking overnight on public right-of-way or private property within any residential
zoned district of motor coaches and motor homes exceeding 35 feet in length and eight
feet in width, except within a completely enclosed garage; and,
WHEREAS, the Board of County Commissioners, at its regularly scheduled
meeting on March 17, 2004, directed the Growth Management Division staff to prepare
an amendment to Section 19-129, MCC, to increase the allowable length of recreational
vehicles to at least 42 feet to accommodate larger size recreational vehicles; and,
WHEREAS,the Growth Management Division staff has prepared amendments to
Section 19-129, MCC, to clarify the existing regulations and increase the limits on the
length of recreational vehicles before they must be fully enclosed for storage or overnight
parking; and,
WHEREAS, the staff has incorporated in these proposed amendments to Section
19-129, MCC, an increase in the width limits of these recreational vehicles from 8 feet to
8.5 feet to accommodate the size of these new, larger vehicles and the width allowances
for recreational vehicles under Section 316.515,Florida Statutes; and,
WHEREAS,the staff has also amended the existing language referring to "motor
coaches", "motor homes", and "travel trailers' by replacing these terms with the single
term, "recreational vehicle-type units", which is more consistent with the definition
contained in Section 320.01, Florida Statutes, and clarifies the ambiguities in the existing
regulations concerning the type of recreational vehicles subject these regulations; and,
Document?
Page 1 of 3
WHEREAS, the term "recreational vehicle-type units" includes "travel trailers,
camping trailers, truck campers, motor homes, private motor coaches, van conversions,
park trailers, and fifth-wheel trailers"; and,
WHEREAS, the increases of seven feet in the allowable length and a one-half
feet in the allowable width of these recreational vehicles subject to the provisions of
Section 119-129, MCC, are insignificant and do not negatively impact community
character, especially as these recreational vehicles must be parked on private property in
manner that meets all setback requirements; and,
WHEREAS, the Board of County Commissioners has reviewed the proposed
amendments to Section 19-129, MCC, recommended by the Growth Management
Division staff;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA,THE FOLLOWING:
Section 1. Section 19-129 (a) is hereby amended as follows:
(a) Within any residential district, no trucks, trailers or wagons of one-ton or
greater capacity or recreational vehicle-type units, as defined in Section 320.01, Florida
Statutes, in excess of forty-two feet (42) in length and in excess of eight and one-half
(8.5) feet in width shall be parked for storage purposes, including overnight, on any
public right-of-way or on private property except within a completely enclosed garage.
No trailers of less than one-ton capacity, including all pleasure boat trailers regardless of
capacity, collapsible camping trailers and cargo trailers shall be parked for storage
purposes, including overnight, on any public right-of-way, but such trailers may be
parked on private property in any district pursuant to paragraph (b) below and this
chapter. Only one (1) recreational vehicle-type unit as defined in Florida Statutes section
320.01, shall be permitted on any one (1) residential or mobile home lot for storage
purposes as provided in this section. Trucks,trailers,wagons or recreational vehicle-type
units as referred to in this paragraph may only be parked on the same lot with and after
the principal structure is erected.
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is
:held invalid,the remainder of this ordinance shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. This ordinance shall take effect immediately upon receipt of the official
notice from the Office of the Secretary of State of the State of Florida that this ordinance
has been filed with said Office.
Document7
Page 2 of 3
•
Section 5. 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 6. The Clerk of the Court is hereby directed to forward a copy of this Ordinance
to the Municipal Code Corporation for incorporation into the Monroe County Code of
Ordinances.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 21st day of April, AD, 2004.
Mayor Murray Nelson absent
Mayor Pro Tem David Rice Xes
Commissioner Charles "Sonny"McCoy yes
Commissioner George Neugent yes
Commissioner Dixie Spehar yes
BOARD OF COUNTY COMMISSIONERS,
MONROE COUNTY, FLORIDA
By /
DAVID P. RICE'
:, MAYOR PRO TEM
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Attest: DANNY KOLHAGE, Clerk
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Page 3 of 3
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE PLANTATION KEY
MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER
3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET,SUITE 101 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145
FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146
May 20, 2004
Evelyn Jefferson
Municipal Code Corporation
PO Box 2235
Tallahassee FL 32316-2235
Via Certified Mail 7002 2030 0001 2668 9969
Dear Ms. Jefferson,
Enclosed please find a certified copy Ordinance No. 009-2004 amending Section 19-129,
Monroe County Code; replacing the terms "motor coaches, travel trailer, and motor homes' with
the more inclusive term "recreational vehicle-type units"; providing for an increase in the length
and width of recreation vehicles that may be parked or stored in a residential district; providing
for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe
County Code of Ordinances; providing for severability; and providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on April 21, 2004. Please file for record. Should you have any
questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage •
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Com 'ssioners
by: 6-7
Pamela . Hancock, D.C.
cc: File
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Si!.ture
item 4 if Restricted Delivery is desired. /
■ Print your name and address on the reverse `4 /AI, F.Agent
so that we can return the card to you. ��,F ❑Addressee
■ Attach this card to the back of the mailpiece, B. Rece (Printed Name) C. Date of Delivery ,
or on the front if space permits. =
1. Article Addressed to: D. Is delivery address differ t t^p
If YES,enter deli J es
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Ms. Evelyn Jefferson 2 't4�`;'
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Municipal Code Corporation �py .
PO Box 2235
Tallahassee FL 32316-2235
(Ord. 009) 3. Service Type
Xnertified Mail. 0 Express Mail
❑ Registered 0 Return Receipt for Merchandise
❑ Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra,Fee) ❑Yes
2. Article Number
*vice(Transfe�fronj vice label.; I i 7 0 0 2 1 2 0 3 0110 0 D 11 2 6k 6 8 9 9 6;9 i !
PS Form 3811,August 2001 I
g Domestic Return Receipt 102595.02-M-1540
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
MONROE COUNTY COURTHOUSE
SOO WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
May 20, 2004
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Dear Mrs. Cloud,
Via Certified Mail 7002 21130 0001 26689945
Enclosed please find certified copies of the following:
Ordinance No. 009-2004 amending Section 19-129, Monroe County Code; replacing the
terms "motor coaches, travel trailer, and motor homes' with the more inclusive term "recreational
vehicle-type units"; providing for an increase in the length and '1ridth of recreation vehicles that
may be parked or stored in a residential district; providing for repeld of all Ordinances inconsistent
herewith; providing for incmporation into the Monroe County COUe of Ordinances; providing for
severability; and providing for an effective date.
Ordinance No. 010-2004 amending Sec. 9.5-122.3; Sec. 9.5-124.8; Sec. 9.5-266 of the
Monroe County Land Development Regulations in order to grant authority to Growth
Management Director and the County Attorney to approve restrictive covenants and warranty
deeds under ROGOINROGO and Affordable Housing Providing for repeal of all Ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances;
and directing the Planning Director to forward a certified copy of this Ordinance to the Florida
Department of Community Affairs and providing an effective date.
I
Ordinance No. 011-2004 creating Sec. 9.5-21(i) authOriZi~Monroe County Board of
County Commissioners to establish by Resolution, fees to be cha ged by the Monroe County
Growth Management Division for land development applications, pe its, approvals, and appeals,
deleting Sec. 9.5 491(a) Fair Share Transportation Impact Fee; Sec. .5-492(c) Fair Share
Ordinance Nos. 009-2004/010-2004/011_2004
Page 2
Community Park Impact Fee; Sec. 9.5-493(c) Fair Share Library Impact Fee; Sec. 9.5-494(b) Fair
Share Solid Waste Impact Fee; Sec. 9.5-495(b) Fair Share pqlice Facilities Impact Fee; and Sec.
9.5-522 Filing Fees for Map Petitions and Administrative App~als which do not reflect the present
impact fees and filing fees adopted by more recent Resolutio~s of the Monroe County Board of
County Commissioners; providing for repeal of Ordinances inconsistent herewith; providing for
incorporation into the Monroe County Code of Ordinances; and providing for an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on April 21, 2004. Please file for record. Should you have
any questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage!
Clerk of the Circui~ Court
and ex officio Clerk to the
Board of County ao~
by C7,~
Pamela . . ancock, D.C.
cc: Municipal Code Corporation-under separate cover
County Administrator w/o documents
MCSO-Ordinance 009-2004
Growth Management
County Attorney
BOCC
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· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Mrs. Liz Cloud, Chief
Bureau of Administrative Code
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
COrd. 009/010/011)
A. Signature
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B. R~ci1v~~YIP.~PJ<J!f~t=
D. Is delivery address different from item 1? DYes
If YES. enter delivery address below: D No
3. Service Type
~ified Mail
D Registered
D Insured Mail
D Express Mail
D Return Receipt for Merchandise
DC.G.D.
4. Restricted Delivery? (Extra Fee)
DYes
102595.02-M-1540
FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
May 25, 2004
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letter dated May 20, 2004 and certified copies of Monroe County Ordinance
Nos. 009-2004 through 011-2004, which were filed in this office on May 24,2004.
Sincerely,
~~~
Liz Cloud
Program Administrator
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DSTATE LIBRARY OF FLORIDA
R.A. Gray Building. TalJahassee, Florida 32399-0250 . (850) 245-6600
FAX: (850) 488-2746. TDD: (850) 922-4085. http://www.dos.state.f1.us
DLEGISLATIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES DFLORIDA STATE ARCHNES
(850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894
DADMINISTRA TNE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282
Email Confirmation
Page 1 of 2
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Monroe County, FL Code of Ordinances -1979(11270)
Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316-2235
850-576-3171
Supplement 84
Recorded: 5/26/2004 8:35:55 AM
We have received the following material through Hard Copy.
Document
Ordinance No. 009-2004
Adoption Description
4/21/2004 Amending Sec. 19-129, replacing the terms "Motor
Coaches, Travel Trailer, and Motor Homes, with the more
inclusive term "Recreational Vehicle Type Units".
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http://intranet.municode.comIB IS/Recording/acknow ledgePrint.asp ?jobid=227 66&print=tr... 5/26/2004
?W
aITIZEN
The ~ Keys OnlY Dally --. Eat. 1876
Cooke Communications, LLC
Florida Keys
Mary Beth Canitano
Advertising Coordinator
PO Box 1800
Key West FI 33041
NOTICE OF INTENTION TO CON-
SIDER
~DOPTlON OF COUNTY ORDI-
~ .
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, April 21, 2004, at 3:00
F'M at the Harvey Government Cen-
ter - Truman School, 1200 Truman
Avenue Key West, Florida, the
Board ~f County Commissioners of
Monroe County, Florida, intends to
consider the adoption of the follow-
ing County ordinance:
AN ORDINANCE OF THE MONROE
COUNTY BOARD OF COMMIS-
SIONERS AMENDING SECTION
19-129, OF THE MONROE COUN-
TY CODE ENTITLED "PARKING OF
TRUCKS, TRAILERS AND TRAVEL
TRAILERS," REPLACING THE
TERMS "MOTOR COACHES,
TRAVEL TRAILER .AND MOTOR
HOMES" WITH THE MORE INCLU-
SIVE TERM "RECREATIONAL VE-
HICLE-TYPE UNITS", PROVIDING
FOR AN INCREASE IN THE
LENGTH AND WIDTH OF RECREA-
TIONAL VEHICLES THAT MAY BE
PARKED OR STORED. IN A RESI-
DENTIAL DISTRICT; PROVIDING
c= FOR THE RePEAL OF A!-L ORDI-
NANCES INCONSISTENT HERE-
WITH' PROVIDING FOR INCORPO-
RATION INTO THE MONROE
COUNTY CODE.OF ORDINANCES;
PROVIDING .FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE
DATE.
pursuant to Section 286.0105, FI~ri-
cia StStutes, notice is given that If ~
person decided to appeal any deci-
sion made by the Board with respect
to any matter 00fl8idef8d at such
he@l'inga 01 meetings, he will need a
record of the proceedingS, and that,
for such purpose, .he rpay need to
ensure that a verbatim recortI of the
proceedings is made, which record
includes the testimony and evidence
upon which the appeal is to be
based.
Copies of the above-referenced ordi-
nance are available for review at the
various public libraries in Monroe
County, Florida.
Dated at Marathon, Florida, this 30th
day of March, 2004.
DANNY L. KOLHAGE, Clerk of the
Circuit Court and ex officio Clerk of
the Board of County Commissioners
of Monroe County, Florida
April M 9, 2004
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who
on oath says that he is Vice-President of Advertising Operations ofthe Key
West Citizen, a daily newspaper published in Key West, in Monroe County,
Florida; th the attache copy of a: verti mer being legal notice in the
matter of . -
In the 1 f'I .1, P ~o1f' was pub~ifhed in said newspaper in the
issues of ~ /J ~ (9 tl)~
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
and has been entered as second-class mail matter at the post office in Key West,
in said Monroe County, Florida, for a period of 1 year next preceding the first
publication of the attached copy of advertisement; and affiant further says that
he has neither paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
IlJ ~~
. ignature of Affiant
Sworn and subscribed before me this ~ day of
, 2004
Expires: January 15,2007
Personally Known x Produced Identification
Type of Identification Produced