Resolution 091-20181 zz�
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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO. 091 -2018
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10 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS ALLOWING THE PLACEMENT OF TEMPORARY
12 EMERGENCY HOUSING AT MOBILE HOME PARKS AND RV PARKS
13 FOR THE TEMPORARY OCCUPANCY BY RESIDENTS DISPLACED
14 BY HURRICANE IRMA, PURSUANT TO THE PLANNING DIRECTOR
15 AND BUILDING OFFICIAL APPROVING THE LOCATIONS FOR THE
16 TEMPORARY EMERGENCY HOUSING, FOR AN ADDITIONAL 180
17 DAYS TO END ON AUGUST 31,2018; INITIALLY ADOPTED VIA BOCC
18 RESOLUTION NO. 218 -2017 FOR 180 DAYS; PURSUANT TO SECTION
19 103 -1(b) OF THE MONROE COUNTY LAND DEVELOPMENT CODE.
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22 WHEREAS, the Board of County Commissioners is the legislative body of Monroe
23 County, Florida; and
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25 WHEREAS, the Monroe County Mayor declared a State of Local Emergency on
26 September 5, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe
27 County" and that the County "may require expedient action in order to protect the health, safety
28 and welfare of the community;" and
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30 WHEREAS, Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys
31 on September 10, 2017, causing substantial damage to and loss of property; and
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33 WHEREAS, the Monroe County Mayor issued another declaration a State of Local
34 Emergency on September 12, 2017 due to Hurricane Irma, a "threat of danger to the populace
35 inhabiting Monroe County" and that the County "may require expedient action in order to protect
36 the health, safety and welfare of the community;" and
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38 WHEREAS, Monroe County experienced a natural disaster, Hurricane Irma, which
39 caused damage to residences, businesses and. infrastructure throughout the County; and
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41 WHEREAS, pursuant to Section 103 -1(b) of the Monroe County Land Development
42 Code (LDC), "It is the purpose of this section to provide regulations that allow for the
43 relaxation of the use prohibitions in Chapter 130, Land Use Districts, Chapter 131, Bulk
44 Regulations, and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), to: (1) Provide
45 regulatory authority to allow temporary emergency housing, not subject to the ROGO permit
46 allocation system, for temporary occupancy by residents displaced by natural or manmade
47 disaster damage...; and
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2 WHEREAS, pursuant to LDC Section 103 -1(a), temporary emergency housing means
3 recreational vehicles (or similar approved sheltering units) used for temporary occupancy in
4 response to natural or manmade disasters, including, but not limited to, hurricanes and tropical
5 storms, where such RVs (or other approved sheltering units) are provided to residents or relief
6 workers as part of emergency relief efforts; and recreational vehicle (RV) means the same as that
7 term is defined in F.S. § 320.01; and
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9 WHEREAS, pursuant to LDC Section 103 -1(c), temporary emergency housing may be
10 placed on a residential parcel for temporary occupancy by residents who have been displaced by
11 natural or manmade disaster damage subject to conditions; and
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13 WHEREAS, the County has experienced significant damage to homes, particularly
14 mobile home structures, and must utilize available locations to provide secure temporary housing
15 for the disaster recovery of the community; and
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17 WHEREAS, mobile home parks and RV parks provide larger areas with utility hook -ups
18 to place FEMA manufactured housing units and travel trailers; and
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20 WHEREAS, the BOCC initially adopted Resolution No. 218 -2017 to allow the
21 placement of temporary emergency housing at mobile home parks and RV parks for the
22 temporary occupancy by residents displaced by Hurricane Irma, commencing September 5,
23 2017, for a duration of up to 180 -days and ending on March 4, 2018; and
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25 WHEREAS, displaced residents may need additional time to complete repairs and
26 replacements on their damaged and destroyed homes;
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28 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
29 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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31 Notwithstanding the provisions of Chapter 130, Land Use Districts, Chapter 131, Bulk
32 Regulations, and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary
33 emergency housing may be provided for temporary occupancy by residents displaced by
34 Hurricane Irma, subject to the following conditions:
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36 (1) Temporary emergency housing is authorized for up to 360 days on mobile home park
37 sites and RV park sites, beginning on September 5, 2017, and ending on August 31,
38 2018;
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40 (2) The Planning Director and Building Official shall have the authority to approve the
41 locations of the temporary emergency housing on mobile home parks and RV parks;
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43 (3) Placement of temporary emergency housing must not impede or interfere with other
44 emergency and recovery operations or public safety;
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46 (4) Temporary recovery or reconstruction housing facilities shall ensure that temporary
47 electrical and sewage lines do not constitute an attractive nuisance to children or
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1 homeless persons in the area (i.e., sufficient temporary fencing may be required by
2 the Building Official);
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4 (5) A no -fee building permit must be issued for the placement of the temporary
5 emergency housing unit(s). The building permit shall require approval by the
6 Building Official and the Planning Director of a site plan indicating the location of
7 the temporary emergency housing unit(s) on the parcel, consistent with condition (1)
8 above, and a Department of Health permit authorizing the connection of the unit(s) to
9 an on -site wastewater treatment and disposal system(s) or to an existing community
10 wastewater treatment system;
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12 (6) The temporary emergency housing unit(s) may remain on the site for a period not to
13 exceed 180 days, and may only be extended at the discretion of the BOCC by an
14 additional resolution. However, nothing shall prevent the county or any state or
15 federal authority to terminate without notice the authority to keep any temporary
16 emergency housing unit otherwise authorized under this resolution should it be
17 deemed required for the public safety;
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19 (7) The placement and use of temporary emergency housing unit(s) on mobile home
20 parks and RV parks as housing assistance due to Hurricane Irma does not create a
21 ROGO exemption nor recognize nonconforming uses. Nonconforming uses damaged
22 or destroyed so as to require substantial improvement, shall be repaired or restored
23 only for uses that conform to the provisions of the land use (zoning) district in which
24 it is located;
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26 (8) Pursuant to LDC Section 103 -1(h), no clearing or filling of environmentally sensitive
27 lands may occur as a result of providing any type of temporary housing unit(s); and
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29 (9) Pursuant to LDC Section 103 -1(i), for all permitted temporary emergency housing,
30 upon expiration of relevant approvals and timeframes expressly set forth in the
31 relevant authorization, the temporary emergency housing shall be removed.
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33 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
34 Florida, at a regular meeting held on the 21st day of Feb. , 2018.
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36 Mayor David Rice Yes
37 Mayor Pro Tem Sylvia Murphy Yes
38 Commissioner Danny Kolhage des
39 Commissioner George Neugent _n 77
40 Commissioner Heather Carruthers
41 ��O �O� C OUNNT Foy "' -11
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42 �'`J ._ BOARD OF COUNTY COMMISSI(RS
43 �. ` '' '.''' " €'.�1 'ILAS OF MONROE COUNTY, FLORIDA2;- M
44 = „.� -: ASSI ST'"N' i 0,'O ! 4w TTORNEY t7
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46 Mayor David 441de c
47 �” < (SEAL)
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DEPUTY CLERK
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2 ATTEST: KEVIN MADOK, CLERK
5 DEPUTY CLERK
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