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Meeting Date: January 21, 2015 Division: Growth Management
Bulk Item: Yes — No X Department: Planning & Environmental. Resources
Staff Contact Person/Phone #: Christine Hurley, Ext. 2517
Joseph Haberman, 305-509-2477
AGENDA ITEM WORDING:
A Public Hearing to consider an ordinance amending §101-1, §130-4 and §130-5 of the Monroe
County Code (MCC) relating to temporary housing and uses. As this text amendment affects permitted
uses, two public hearings by the BOCC are required prior to any approval. The December 10, 2014
public hearing was the first public hearing.
ITEM BACKGROUND:
The purposes of the proposed amendment are a), to establish regulations concerning temporary housing
associated with capital improvement projects; b) to clarify what types of temporary uses can be
approved, as well as the criteria thereto; and c) to reference the approval process for public assemblies
in the Land Development Code.
Note: Staff also proposed consistent amendments to establish criterion for, temporary construction
staging areas with a special permit in Section 6-3 (approved by the BOCC on December 10, 2014).
Staff is also proposing consistent amendments related to the temporary structure provisions in Section
6-112 (to be considered by the BOCC on January 21, 2015).
PREVIOUS RELEVANT BOCC ACTION:
On April 23, 2014, the BOCC reviewed and discussed the issues of temporary housing and uses during
the public meetings concerning the comprehensive plan update. The BOCC directed staff to make
some changes to the existing provisions related to temporary housing.
On December 10, 2014, the BOCC reviewed the ordinance at its first required public hearing.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATION: Approval.
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No N/A
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
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REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty X A OMB/Purchasing Risk Management
\1
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM
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11 MENE11119m�'
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCEs DEPARTMENT
To: Monroe County Planning Commission
Through: Christine Hurley, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Joseph Haberman, AICP, Planning & Development Review Manager
Date: December 24, 2014
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 101-1,
DEFINITIONS AMENDING MONROE COUNTY CODE SECTION 130-4,
TEMPORARY EMERGENCY HOUSING, ESTABLISHING MONROE COUNTY
CODE SECTION 130-5, TEMPORARY USES,- ESTABLISHING REGULATIONS
CONCERNING TEMPORARY HOUSING ASSOCIATED WITH CAPITAL
IMPROVEMENT PROJECTS, ESTABLISHING REGULATIONS CONCERNING
TEMPORA R Y USES IN THE LAND DE VELOPMENT CODE, PROVIDING FOR
SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE,- PROVIDING FOR CODIFICATION,
PROVIDING FOR AN EFFECTIVE DATE.
Meeting: January 21, 2015
The Planning & Environmental Resources Department is proposing amendments to the text
of §101-1, §130-04 and §130-05 of the Monroe County Code (MCC). The purposes of the
proposed amendment are a), to establish regulations concerning temporary housing associated
with federal, state and local public works projects; b) to clarify what types of temporary uses
can be approved, as well as the criteria thereto; and c) to reference the approval process for
public assemblies in the Land Development Code.
11 RELEVANT PRIOR COUNTY ACTIONS:
During a meeting held on July 30, 2013, the Monroe County Development Review
Committee reviewed the ordinance and recommended approval to the BOCC.
During public hearings held on September 25, 2013 and September 24, 2014, the Monroe
County Planning Commission reviewed the ordinance and recommended approval to the
BOCC.
Page 1 of 13 (File #2013-087)
On April 23, 2014, the BOCC reviewed and discussed the issues of temporary housing and
uses during the public meetings concerning the comprehensive plan update. The BOCC
directed staff to make some changes to the existing provisions related to temporary housing,
On December 10, 20t4, the BOCC reviewed the ordinance at the first of two required public
hearings. As this text amendment affects permitted uses, two public hearings by the BOCC
are required prior to any approval.
III REVIEW
Temporary uses are defined within MCC § 10 1 - 1; however despite being defined, there is no
approval process provided in the MCC (part I or part 11):
Temporary uses include those uses that are required for a period certain in the
construction phase of development, are uniquely seasonal in nature, including other
activities of a similar nature such as Christmas tree sales, temporary emergency shelters,
concerts, carnivals and tent meetings.
Temporary structures may be permitted in accordance with MCC §6-112, which is located in
part I of the MCC (Chapter 6 pertains to Buildings and Construction). The approval of
temporary uses is referenced in MCC §6-112, but it does not provide a specific process or
review criterion. It has been interpreted that a temporary use may be permitted with a
temporary structure; however this interpretation does not capture all scenarios in that some
temporary uses do not require temporary structures.
See. 6-112. Temporary structures.
The building official may issue a special building permit for a limited time of not more
than six months for the erection of temporary structures such as construction sheds,
trailers, seats, canopies, tents, and fences used in construction work or for temporary uses
and events. Any such permit for temporary nonconstruction uses shall require prior
approval of the planning director to ensure compliance with part 11 of this Code. Any
structures shall be completely removed upon expiration of the time stated in the permit.
Staff is proposing to create such a clearly defined approval process for temporary uses, as
well as criteria for such temporary uses.
Staff is also proposing consistent amendments to MCC §6-112; however as this section is not
located in the Land Development Code (part 11 of the MCC), its approval process is different
and the ordinance is only formally reviewed by the BOCC. As of the date of this report, the
following amendments are proposed:
Page 2 of 13 (File #2013-087)
I The building official may issue a special building permit for a limited time of not more
2 than six months for the erection of temporary structures, including but not limited to such
3 as construct sheds, trailers, seats, canopies, tents, and fences used in construction work
4 or for temporary uses and events. Any such permit for temporary neneonstrue uses
5 shall approval ef the planning diFeeier- to-ensur-e eemplianee with paft R e
6 this Gede be in compliance with this section and therevisionsof the Land Development
7 Code,. specifically section 130-5. Any structures shall be completely removed upon
8 expiration of the time stated in the permit, which shall be the minimum amount of time
9 necessary to accommodate the temporary use. In the event.. a temporary structure is
10 required for more than six months for a construction -related project, the gnplicant shall
11 ay for a new special,.,building permit prior to the expiration of the original building
12 permit.
13
14 Staff is also proposing to create an approval process for temporary housing associated with
15 temporary uses related to capital improvement projects. As defined in MCC §101-1, capital
16 improvements means the planning of, engineering for, acquisition of land or equipment, and
17 the construction of improvements, including, but not limited to, road, park, solid waste,
18 library, public buildings and emergency services, and police facilities, but does not include
19 routine maintenance. Such temporary housing could be approved by the BOCC, similar to
20 that already allowed for airport projects.
21
22 In addition, staff is proposing a reference to the existing provisions related to public
23 assembly permits. The planning director has the responsibility of issuing public assembly
24 permits. However, the provisions are currently located in Chapter 17, a chapter for
25 "miscellaneous" provisions that is located outside of the Land Development Code.
26
27 Therefore, staff recommends the following changes (Deletions are stricken throug'.-I and
28 additions are underlined. Text to remain the same is in black):
29
30 Sec. 101-1. Definitions.
31
32 The following words, terms and phrases, when used in this ehapte Land Development Code,
33 shall have the meanings ascribed to them in this section, except where the context clearly
34 indicates a different meaning:
35
36
37
38 Capital improvements means the planning of, engineering for, acquisition of land or
39 equipment for, and the construction of improvements, including, but not limited to, road,
40 park, solid waste, water, wastewater treatme.n.t... facilities and systems, library, public
41 buildings and emergency services, and police facilities, but does not include routine
42 maintenance.
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44
45
Page 3 of 13 (File #2013-087)
I Public assembly means a type of temporary use that is attended by members of the
2 general public, with or without an admission charge, when the duration of the event is
3 less than seven consecutive days and/or the anticipated daily attendance is expected to
4 exceed 250 persons.
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6
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8 Recreational vehicle means
9 the same as that term is defined in F.S. �
10 320.01 of leSS an six months; whilieh has a tfanspoi4able body width not
11 a length not exeeedkig 35 feet; a*d whieh does not qualify as
12 . The following applies to recreational vehicles in the county:
13
14 1 Excluding temporary housing as set forth in section 1304the tenancy of an occupied
15 recreational vehicle upon a lawful recreational vehicle space shall be less than six
1.6 months, and
17 OJ Q The travel trailer- or- park +Fail recreational vehicle has been placed on a lawful
18 recreational vehiclespace wiithin a recreational vehicle park., travel trailer- pi~
19 campgrounds or otherwise approved area, or within a storage yard area;
20 (2) C33) The t-Favel trailer- or park +,..,le.. recreational vehicle has current licenses required
21 for highway travel; and
22 (34 4�i The + avel +,,aile - ..,...,ark trail recreational vehicle is highway ready. This means
23 that the recreational vehicle, including any ravel trailer or park trailer, is on its
24 wheels or internal jacking system and attached to this site only by the quick
25 disconnect -type utilities commonly used in recreational vehicle parks and.
26 campgrounds and trade, por by security devices. No permanent additions such as
27 state rooms shall be permitted.
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30
31 Temporary uses include means uses that are required for a defined period of time
32 during certain in the construction phase of permitted development (including, but not
33 limited to equipment storage, material storage, construction/safety fencing,and office
34 trailers), capital improvements, and uses that are uniquely seasonal in nature, (including
35 but not limited to, other activities of a stmilaf natufe sueh as GM.stmas trees pqblic
36 assemblies holiday -related outdoor events such as Christmas tree and puMpkin sales,
37 temporary emergency shelters, concerts carnivals art shows seminars and other
38 educational events and tent meetings).
39
40
41
42 Sec. 1. 0-4. Temporary ney housing.
43
44 (a) Dgfinitions. The following words, terms and phrases, when used in this section, shall have
45 the meanings ascribed to them in this subsection, except where the context clearly
46 indicates a different meaning:
Page 4 of 13 (File #2013-087)
2 Recreational vehicles means the same as that term is defined in 1.S. § 320.01.
3
4 Temporary emergency housing means recreational vehicles (or similar approved
5 sheltering units) used for temporary occupancy in response to natural or manmade
6 disasters, including, but not limited to, hurricanes and tropical stories, where such
i feat;ona „ehie en RVs (or simila other approved sheltering units) are provided to
8 residents or relief workers as part of emergency relief efforts.
9
10 Temporary non-emer enc housing means RVs or other.approved sheltering units used
1.1 for temporary occupancy b ern to ees in order to provide REgiect site security for a
12 long-term capital improvement project or to avoid delay in com letin g ongoing or future
13 airport safety and capacity improvements.
14
15 (b) Purpose. It is the purpose of this section to provide regulations that allow for the
16 relaxation of the use prohibitions in aAiele M of chapter 130, Land Use Districts and
17 chapter 138, Rate of Growth Restrictions (ROGO/NROGO), to:
18 (1) Provide regulatory authority to allow Allo temporary emergency housing, not
19 subject to the ROGG ermit allocation s stem for temporary occupancy by residents
20 displaced by during the f ., & Fl.. ,d fi- a natural or manmade disaster daamagee;
21 . limited or_by relief workers
22 involved in reconstruction activities following a natural or manmade disaster;
23 (2) Provide regulatory authority to allow temporary lion -emergency housing not subject
24 to the ROGO permit allocation system, for temporary occoancy by workers
25 undertaking a long-term ca irr tal improvement project to provide site security for the
26 capital improvement project site or to avoid Avoid delay in completing ongoing
27 ire airport safety and capacity improvements on county -owned airport properties.,
28
29 (3#r-ovide Fegulatery authority for- plaeement of emer-geney temporary housing fef
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31 , state or
32
33
34 (c) Placement of temporary emergency housing
35 on ,single °family l- parcels. Notwithstanding the provisions of this --chapter 130, Land
36 Use Districts and chi ter 138 Rate of Growth Restrictions ROGO/NRC}GQ
37 recreational Y.ei ieles temporary emergency housing (or similar sheltering
ing units) may be
38 placed on a single-family lit parcel for temporary occupancy by tenants residents of the
39 same parcel who have been displaced by natural or manmade disaster damage, to the
40 lawfully established dwelliiig unit on the lot subject to the following conditions:
41 (1) The dwelling unit on the subject parcel is lawfully established and has incurred
42 sufficient damage from the disaster to mare the dwelling unit uninhabitable as
43 determined by verifiable photographic evidence provided by the applicant to the
44 building department and/or an inspection by an official from a federal or state
45 governmental relief agency, the county building department or the county code
46 e compliance department;
Page 5 4f 13 (File ##2013-087)
1 (2) A building permit i-s must be issued within 90 days of placement of the temporary
2 emergency housing for repair of damages caused by the casualty event to make the
3 msidenfiadwellin.g unit stn+etwe habitable no Dover than 90 days from plaee ' of
4 the RV (or similar shelteFing iinit) on the pr-opeAy;
5 (3) A separate, no -fee building permit must be issued for the placement Plaeeme of the
6 RV (or- similar- sheltering unit) shall require a no .1-e bbiiilding per-m temporary
7 emergency housing, linked to the building permit issued for easy damage repair_
8 The building_ permitat shall require, , approval by the building
9 official of it's the unit's siting; location on the lot pgcel and a department of health
10 permit authorizing the connection of the RV (or simi of sheltering unit) -to an on -site
I wastewater treatment and disposal system or to an existing community wastewater
12 treatment system;
13 (4) Only one temporary emergency housing unit shall be .....laced per single family arcel•
14 and The size of the RNI (or- similar- sheltering unit) to be place--' — 1.1— 1-+ �
15 limited to eight feet in width aid 3_2 11'eetl in length, if lacking self pFopulsion, an
16 eight feet in width and 42 feet in length, if self propelled;
1.7 (5) The temporary emergency housing RV (of similar sheltering unit) -smell may remain
18 on the property for a period not to exceed 180 days from the date of building permit
19 issuance or until the final inspection or certificate of occupancy is issued on the
20 repairs made to the residential dwelling unit, whichever comes first. later-, but in
21 ease more than 180 days from the date of permit issuanee without a vTittefi extension
22 ffam the eounty building effieial or repfesenlafive net to exeeed an additional 180
23 A single
24 extension of ap to an additional 180 days may be granted by the building official if he
25 determines that good cause has been shown for the need for an extension and that the
26 temporary orar" emergency housing unit) is adequately tied down
27 and secured so as net to present an undue hazard to persons or property in a high-.
28 wind or flood event. Expiration of the building permit for damn e re airs shall.
29 require immediate removal of the temporary emergency housing unit from the site.
30 However, nothing in this section shall prevent the county or any state or federal
31 authority to terminate without notice the authority to keep any temporary emergency
32 housing per (of similar shel*,,,.;-ng units) otherwise authorized under this section
33 should it be deemed required for the public safety.
34
35 (d) Placement of RV-s (ei- s" -ing - temporary emergency housing o
36 nonresidential properties, Notwithstanding the provisions of thi-,chapter 130, Land. Use
37 Districts and chi ter 138 Rate of Growth Restrictions ROGO,/NROGO , te�orary
38 emergency housing may be to
39 placed on a nonresidential or mixed -use property or by permit on pfoper
40 on publicly -owned lands, excluding lands designated.
41 for conservation and resource protection for temporary occupancy by, *—,u county
42 residents displaced by natural or manmade disaster damage, subject to the following
43 conditions:
44
45 1 A no -fee building permit must be issued for the placement of the temporary
46 emergency housing units . The building permit shall require.qpproval by the building.
Page 6 of 13 (File #2013-087)
I official and the planning director of a site plan indicating the... location of the
2 temporary emergency housing unit(s) on the parcel, and a department of health permit
3 authorizing the connection of the unit(s) to an on -site wastewater treatment and
4 dis, osal s Stems or to an existing community wastewater treatments stem" and.
5
6 . The size of the R-Vs-kor-��
7 sheltering units) te be tempor-a-rily plaeed- shall. be in aeeordance with subseetie.n.
8
9 simila.- sheltering iinits) shall require submittal of a no fee pefffiit appliea4ion to th-e
10 bnilding depaftment to approved by the building offleial, ineluding a site plan
11 pursuant te requifements established by the building affleial. Upon final inspeetien by
12 the building effieial of the temporary eonstfuetion granted by the permit,
13
1.4 shall not exeeed 180 days from the date of the final inspection withNA a
15 extension from the eoianty building effleial or- his repfese..'.-".*.- an
1.6 additional 180 days based tipan the building officiA or- his Fepr-esenta4ive's
17
18 2 The tern orar emMency housing unit s may remain on the property fora period
19 not to exceed 180 days from the date of building -permit issuance. A single extension.
20 of up, to an additional 180 days may be granted by the building official if he
21 determines that goad cause has been shown for the need for the extension and that the
22 temporary emerencyousing' t^� �:., ;�^r ��*� T;TM - unity is adequately tied down
23 and secured so as not to present an undue hazard to persons or property in a high-
24 wind or flood event. However, nothing in this section shall .prevent the county or any
25 state or federal authority to terminate without notice the authority to keep any
26 temporary emergency housing R-Vs (or similar sheltering units4 otherwise authorized
27 under this section should it be deemed required for the public safety.
28
29 (e) Placement OL temporary ar° emergencyemeLgency housing or emer ency, relief workers.
30 Notwithstanding the provisions of chapter 130 Land Use Districts and chapter 138 Rate
31 of Growth Restrictions ROGO/NRGGO temporary emergency housin may be
32 provided for temporary occupancyoccppancy by emergency relief workers involved in
33 reconstruction activities, subject to the following. conditions:
34 1 An emergency directive or resolution of the BOCC must be issued authorizing the
35 placement and duration of the temporary emergency housing for relief workers"
36 2 Placement of temporary emergency housing for relief workers must not impede or
37 interfere with other emergency and recovery operations or public safety
38 3 TemporaryTeMporary recovery or reconstruction housing facilities shall ensure that temporary
39 electrical and sewage lines do not constitute an attractive nuisance to children or
40 homeless persons in the area i.e. sufficient temporary fencing- mgy be required b
41 the building official);
42 4 A no -fee building permit must be issued for the placement of the temporary
43 emergency housing units , The building permit shall require a royal by the buildin
44 official and the planning director of a site plan indicating the location of the
45 temporary emergency housing units on the arcel consistent with the BOCC
46 resolution and a department of health permit authorizing the connection of the unit s
Page 7 of 1.3 (File ##201.3-087)
I to an on -,site wastewater treatment and disposal system(s) or to an existing
2 community wastewater treatment system;
3 (5) Any required demolition or building permits for the related reconstruction activities
4 must be issued within, 90 days from the placement of the temporary emergency
5 housing for relief worker
6 (6) The temporary emergency housing unit(s) ma y remain on the site fora period not to
7 exceed the duration specified by the BOCC resolution, and may only be extended at
8 the discretion of the BOCC.. by an additional resolution, However, nothing in this
9 section shall prevent the county or any state or federal authority to terminate without
10 notice the authority to keep any temporary emergency housing, unit otherwise
11 authorized under this section should it be deemed required for the public safety-,
12 (7) The only persons permitted to reside for any period in temporary emergency housing
13 for relief workers are individuals who are gainfully employed on a fulltime basis in
14 completing cleanup and reconstruction efforts following a natural or manmade
15 disaster. All residents of temporary emergency housing for relief workers who were
16 not..pennanent residents of the county prior to first occupying such housing facilities
17 will be required to evacuate in accordance with local evacuation orders. Residents of
18 any temporary emergency housing for relief workers who were permanent residents
19 of the county prior to first occuying such housing facilities may not remain in
20 temporary emergency housing for relief workers during any period when a local
21 evacuation order is in effect.
22
23 ffl Placement of temporary non -ernes gencE housing -.giH#e RV-,5 ate othei, teffip�
24 dwelfing Oeg;ether "tenToraiy ai . iToi,t eeHstf,ue4hqn hous-iHgfiteilitiez�9 for
25 teniperafy emergeney eowraetor housiHg contractors on county-oAwed airport
26 properties. Notwithstanding the provisions of this -chapter 130, Land Use Districts, an
27 chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary non -emergency
28 Dousing r-eer-ea4ional vehieles, trailers and other tempor-afy dwellitig stfuetur-es may be
29 placed on county-awnedairport properties for temporary occupancy by contractors
30 completing airport safety and capacity improvements subject to the following conditions:
31 (1) A building permit must be issued for placement of the temporary non-emergenc
'2 3 housing unit(s), and linked to existing airport construction permits- The building
33 permit shall require approval by the.._building official and the planning director of a
34 site plan indicating the location of the temporary non -emergency housing unit(s) on
35 the parcel, and a department of health permit authorizing the connection of the unit(s)
36 to an on -site wastewater treatment and disposal system(s) or to an existing
37 community wastewater treatment system. All units shall be adequately tied. down;
.38 (2) Placement of temporary non -emergency housing for airport construction Purposes
39 housing f4eilities must not impede or interfere with aviation operations or safety and
40 must conform to any applicable FAA regulations;
41 (2) No elearing or- filling of envir-epaiepAally sensitive lands may aee�ir- as a fes'dit a
42 pf-evidifig te—par—y mfpeA eanstri"ien housing 4teilities;
43 (3) All tempafafy a4port construction housing f4eilifies shall be adequa4ely tied down,
44 pfevide for- pfoper- selid waste disposal, and require a no t;?e building pefffiit linked to
45 existing aifpei4 eanstr-uefien permits, that shall requir-e, pr-ief te theif issttafiee-,
46 appr-eval by the eeunty building effieial of theif sitiiig leeations and depa#fflent
Page 8 of 13 (File 42013-087)
I healt,4 permits or- a-uther-ization for !be eenneetion of the teffipofafy aifpeft
2 eanstruetion housing faeilities to an on site waste,,N;a4ef tfeatment a -Ed disposal systern
3 of to m e*isting eemmaiiity wastewatef tr-eatment system;
4 (4) Tempafar-y aifpeft eenstfuefien heasing fiaeilities shall ensure that tempofaf-y
5 eleetr4eal and sewage lifies do not eonstitute an a4traetive nuisanee te ehildr-en Of
6 homeless per -sons in the afea (I.e., s4fieienl temper-ffy feneing fflay be r-equir-ed--I-y
I-rY
7 the building af4eia!)3
8 � (54 Temporary non -emergency-...., housing airport construction Pu!Tose hotlsiii
9 f4eilities shall remain on the property for a period not to exceed 30 days from the date
10 of completion of the related airport construction work, unless extended by resolution
11 of the beafd of eounty ean:Anissianers BOCC. However, nothing in this section shall
12 prevent the county or any state or federal authority to terminate without notice the
13 authority to keep any temporary non -emergency housing unit otherwise authorized
14 under this section should it be deemed required for the public safety; and
15 f4) (6) The only persons permitted to reside: for any period in temporary non -emergency
16 housing units for airport construction purposes housing faei are individuals who
17 while in the county are actually gainfully employed on a fulltime basis in completing
18 airport safety and capacity improvements at a county airport. All residents or
19 occupants of temporary airport construction housing facilities must be required to
20 timely evacuate in accordance with local evacuation orders.
a
22 (g) Placement of temporary non -emergency.., housing to provide site security f6r capily
23 improvement proiects. Notwithstanding the provisions of chanter 130, Land Use
24 Districts, and chapter 138, Rate of Growth Restrictions (ROGONROGO), temporary
25 non -emergency. housing for temporarl occupancy by workers undertaking a long-term
26 capital improvement project may be provided in order to provide site security for the
27 project site, subject to the following, conditions:
28 (1) A resolution of the BOCC must be issued authorizing the placement of a tern poEgy
29, non -emergency housing unit for site security. The resolution shall specilthe location
'0 3 (placement of the unit at the project site and the duration of the tempg�rai housing
31 unit, not to exceed 180 days. No more than one temporary non -emergency housing
32 unit shall be approved per project site;
33 (2) Placement of a temporary non-emervency housing unit for site security must not
34 impede or interfere with public safety;
35 (3) The purpose of the temporga non -emergency housing unit shall be to provide
36 security for the,proj.ect sjjp•
U in 37 (4) A building permit must be issued for the place ent of the temporary non-eme:rgency
38 housing unit for site security, linked to the building permits for the related
39 construction activities (if applicable). The building permit shall require approval by
40 the building official and the planning director of a site plan indicating the location of
41 the temporary emergency housing unit on the parcel, consistent with the BOCC
42 resolution, and a department of health permit authorizing the connection of the unit to
43 an on -site wastewater treatment and disposal system or to an existing community
44 wastewater treatment system;
45 (5) The temporary non -emergency housing unit for site security may remain on the site
46 for a period not to exceed the duration specified by the BOCC resolution, and play
Page 9 of 13 (File 42013-087)
I only be extended at the discretion of the BOCC by an additional resolution; however,
2 nothing in this section shall prevent the county or an state or federal authority to
3 terminate without notice the authority to keep any temporary non-emergeEcy..housing
4 unit otherwise authorized under this section should it be deemed. required for the
5 public safety,
6 (6) The only persons permitted to reside for an period in temporary non -emergency
7 housing for site security for a capital improvement project are individuals who are
8 gainfully employed in completing the ..capital improvement project, All residents of
9 teMporary non -emergency housing for site security who were not permanent residents
10 of the county prior to first occupying such housing facilities will be reguired to
1.1 evacuate in accordance with local evacuation orders. Residents of any temporary non-
12 emergency housing who were permanent residents of the county prior to first
13 occupying such housing facilities ma not remain in temporary non -emergency
14 housing for site security during any period when a local evacuation order is in effect.
15
16 (h) No clearing or fifling of environmentally sensitive lands may occur as a result of
17 providing any type of teMporary housing units)..
18
19 i) For all permitted temporary housing, upon expiration of relevant approvals an
20 timeframes expressly set forth in the relevant authorization, the temporqu housing shall
21 be removed.
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Page 10 of 13 (File #2013-087)
35 (a) Appli'cabiliU. If not already pigvided for as a permitted use by the Land Dpyp�lome�nt
36 Code, a temporary use is a2grmitted use in any land use (zonindistrict, provided it
37 meets the criteria set forth in this section. This section shall not override or substitute for
38 any other section of this Land Development Code that requires another type of permit,
39 certification or approval.
40
41 (b) Temporark uses, other than public assemblies and temporary construction staging areas.
42 Approval of a temporary use that is not defined as a public assembly in section 101-1 or
43 categorized as a tempoLqr I construction stggiLig area pursuant to section 6-3 shall be
44 granted only if the following criteria are met,
Page 11 of 13 (File #20,13-087)
1 (1) Prior to establishment of the temporary use, A special building permit gpproving the
2 temporary use and any associated temporary structures, shall be issued in accordance
3 with this section and section 6-112;
4 (2) No clearing or filling of environmentally sensitive lands shall occur to accommodate
5 the temporary use;
6 (3) 'The temporgy use shall not occur in any rgquired setback or required parking area,
7 and
81 (4) The temporary use shall be compatible with existing uses on surrounding properties,
9 as determined by the planning director. If necessary, prior to, issuance of a special
10 building permit allowing the temporary use, the planning director may require a
II meeting with the qpplicant, the planning director or his/her designee), building
12 official or his/her designee), the sheriff or his/her designee), the fire chief or his/he
13 designee), and/or a representative of the county health department to negotiate
14 mutually satisfactory conditions under which the temporary use ma y be approved to
15 avoid substantial harm to the public health or safety and to minimize or to avoid
16 substantial harm to, or impairment of the normal use of, a public place or to avoid
17 substantial harm to the environment. Depending on the nature and anticipated
18 duration of the temporary use, as a condition of approval to the special building
19 permit, the planning director and building official reserve the right to:
20 a. Require fencing, landscaping and/or other screening to limit potential visual and
21 noise impacts of the temporary use on adjacent property owners; and
22 b. Require full compliance with the surface water management provisionmiovided
23 in chapter 114, article I and the buffer and provisions provided in chapter 114,
24 article V..
25
26 (c) Public assemblies. A public assembly is a type of temporary use that is attended by
27 members of the general public, with or without an admission ,...char ge, when the duration
28 of the event is less than seven consecutive days and/or the anticipated daily attendance is
29 expected to exceed 250 persons. Approval of a public assembly shall be granted in
30 accordance with the provisions set forth in chapter 17, article 11, Public.....Assembly
31 Permits.
32
33
34
35 IV RECOMMENDATION
36
37 Staff has found that the proposed text amendment would be consistent with the Principles for
38 Guiding Development in the Florida Keys Area of Critical State Concern, the Monroe
39 County Comprehensive Plan and the Monroe County Code,
M
41 Staff has found that the proposed text amendment would be consistent with the provisions of
42 §102-158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from those
43 on which the text or boundary was based; 2. Changed assumptions (e.g., regarding
44 demographic trends); 3. Data errors, including errors in mapping, vegetative: types and
45 natural features described in volume I of the plan; 4. New issues; 5. Recognition of a need for
46 additional detail or comprehensiveness; or 6. Data updates. Specifically, staff has found that
Page 12 of 13 (File M2013-087)
I the proposed text amendments are necessary due to a recognition of a need for additional
2 detail or comprehensiveness.
3
4 Staff recommends that the BOCC amend the Monroe County Code as stated in the text of
5 this staff report.
Page 13 of 13 (File #2013-087)
3
4
5
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. - 2015
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING MONROE COUNTY
13 CODE SECTION 101-1, DEFINITIONS; AMENDING MONROE
1.4 COUNTY CODE SECTION 130- , TEMPORARY EMERGENCY
15 HOUSING; ESTABLISHING MONROE COUNTY CODE
16 SECTION 130-, TEMPORARY USES; ESTABLISHING
1.7 REGULATIONS CONCERNING TEMPORARY HOUSING
1.8 ASSOCIATED WITH CAPITAL IMPROVEMENT PROJECTS,
19 ESTABLISHING REGULATIONS, CONCERNING TEMPORARY
20 USES IN THE LAND DEVELOPMENT CODE, PROVIDING FOR
21 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
22 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
23 STATE LAND PLANNING AGENCY AND THE SECRETARY OF
24 STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR.
25 AN EFFECTIVE DATE.
26
27 WHEREAS, temporary uses are defined within Monroe County Code Section 101-1;
28 however despite being defined, there is no approval process provided in part I or part 11; and.
29
30 WHEREAS, temporary structures may be permitted in accordance with Monroe County
31 Code Section 6-1.12, which is located in part I (Chapter 6 pertains to buildings and
32 Construction). The approval of temporary uses is referenced in Monroe County Code Section 6-
33 112, but it does not provide a specific process or review criterion. It has been interpreted that a
34 temporary use may be permitted with a temporary structure; however this interpretation does not
35 capture all scenarios in that some temporary uses do not require temporary structures; and
36
37 WHEREAS, this ordinance addresses temporary housing needs associated with long-term
38 capital improvement projects; and
39
40 WHEREAS, this ordinance establishes a defined approval process for temporary uses, as
41 well as criteria for such temporary uses; and
42
43 WHEREAS, the 'Growth Management Division proposed a consistent, related amendment to
44 the text of Monroe County Code Section 6-1.12 that addresses temporary structures; and
45
Page 1 of 12
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WHEREAS, the Commission makes the following Conclusions of Law: 1) the
ordinance/text amendment is consistent with the Principles for Guiding Development in the
Florida Keys Area of Critical State Concern; 2) the ordinance/text amendment is consistent with
the provisions and intent of the Monroe County Comprehensive Plan; and 3) the ordinance/text
amendment is consistent with the provisions and intent of the Monroe County Code; and
WHEREAS, during a meeting held on July 30, 2013, the Monroe County Development
Review Committee reviewed the ordinance and recommended approval to the Board of County
Commissioners; and
WHEREAS, during public hearings held on September 25, 2013 and September 24, 2014,
the Monroe County Planning Commission reviewed the ordinance and recommended approval to
the Board of County Commissioners; and
WHEREAS, as this text amendment affects permitted uses, two public hearings are required
prior to any approval. The first public hearing was on December 10, 2014and the second public
hearing was on January 21, 2015;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS -
Section 1. Section 10 1 - I of the Monroe County Code shall be amended as follows (deletions are
sti-jeken th a b d and additions are underlined):
Sec. 101-1. Definitions.
The following words, terms and phrases, when used in this ehapte and Development Code,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Capital improvements means the planning of, engineering for, acquisition of land or
equipment for, and the construction of improvements, including, but not limited to, road,
park, solid waste, water, wastewater treatment facilities and systems library, public
buildings and emergency services, and police facilities, but does not include routine
maintenance.
Public assembly means a type of temporary use that is attended by members of the
general public, with or without an admission charge, when the duration of the event is
less than seven consecutive days and/or the anticipated daily attendance is expected to
exceed 25�O persons.
Page 2 of 12
1
2 Recreational vehicle means .
3 as a dwellifig fef travel, treereation or vacation the same as that term is defined in F.S.
4 320.01 whieh has a tFarispertablee beady width net
months;
5 exeeeding eight feet and a length Hot exeeeding 35 feet; and whieh does nef qualify as
6 mobile home; :, The following applies to recreational vehicles in the county:
7
8 1 Excluding,temporary housing as set forth in section 1301-4 the tenancy of an occupied
9 recreational vehicle upon a lawful recreational vehicle space shall be less than six
10 months; and.
11 (44 )"The recreational vehicle has been placed on a lawful
12 recreational vehicle space within a recreational vehicle park, travel tfaile
13 campground, or otherwise approved area, or within a storage yard area;
1.4 ( ) The 11 avel trailer ^r par*: trailer recreational vehicle has current licenses required
15 for highway travel; and
16 (3} f4l The travel trader or ,.,.,rk *railer recreational vehicle is highway ready. This means
17 that the recreational vehicle, including any travel trailer or park trailer, is on its
18 wheels or internal jacking system and attached to this site only by the quick
19 disconnect -type utilities commonly used in recreational vehicle parks and
20 campgrounds and traai-ter-p---'-- or by security devices. No permanent additions such as
21 state rooms shall be permitted.
22
23
24
25 Temporar,yr uses u-de-t horse means uses that are required for a defined period of time
26 during eeftaimniff the construction phase of permitted development (including, but, not
27 limited to equipment storage, material storage, cons true tionlsafet y fencing and office
28 trailers), capital improvements, and uses that are uniquely seasonal in nature; (including
29 but not limited to public
30 assemblies holiday -related outdoor events such as Christmas tree and pumpkin sales,
31 temporary emergency shelters, concerts carnivals. art shows seminars and other
32 educational events and tent meetings).
33
34
35
36 Section 2. Section 130-4 of the Monroe County Code shall be amended as follows (deletions are
37 stFieken th and additions are underlined):
38
39 Sec. 130- . Temporary emefgenff housing.
40
41 (a) Definitions, The following words, terms and phrases, when used in this section, shall have
42 the meanings ascribed to them in this subsection, except where the context clearly
43 indicates a different meaning:
44
45 Recreational vehicles) means the same as that term is defined in F.S. § 320.01.
46
Page 3 of 12
1 Temporary emergency housing means recreational vehicles (or similar approved
2 sheltering units) used for temporary occupancy in response to natural or manmade
3 disasters, including, but not limited to, hurricanes and tropical storms, where such
4 recreational vehieles RVs (or simil other approved sheltering unitsi are provided to
5 residents or relief workers as part of emergency relief efforts.
6
7 Temporary non -emergency housing means, RVs or other gpprowed sheltering units) used
8 for temporary occupancy by employees in order to. provide project site security for a
9 long-term capital improvement project or to avoid delay in completing onggipg or future
10 airport safety and capacity..impro,vements.
11
12 (b) Purpose, It is the purpose of this section to provide regulations that allow for the
13 relaxation of the use prohibitions in artiele 141 of chapter 130, Land Use Districts, and
14 chapter 138, Rate of Growth Restrictions (ROGO/NROGO), to:
15 (1) Provide regulatory authority to allow Allow temporary emergency housing, not
16 subject to the ROGO permit allocation system, for temporary occupancy by residents
I-e
17 displaced b dtifing ".. F� rom a natural or manmade disaster damage,
Y F� f0d f
18 inelading, but fiet lim ted to, hurrieaneS and "-Fepieal stef or by relief workers
19 involved in reconstruction activities following a natural or manmade disaster;
20 (2) Provide regulatory authority to allow temporary non -emergency housing, not subject
21 to the ROGO permit allocation system, for temporary occupancy by workers
22 undertaking a long -term -cqpital. improvement project to provide site securlh for the
23 capital improvement project site or to avoid Avei delay in completing erro or
24 future airport safety and capacity improvements on count -owned airport properties.-,
25 and
26 (3)PrOvide regulatory auther-ity fer- p.laeEQ!-ffl-..+ housing fol,
27 -,efkef:s r-espending to r-eeovei:y and reeenstfuetion f. rts natural ef
28 -,--,s&�
29 loeal governmental effiefgeney deelafatiefi authleftit-y`
30
31 (c) Placement of single .01"s (or similar sheW,,-i--O- uniij,,) Mr temporary emergency housing
32 on single _family � parcels. Notwithstanding the provisions of 4ii-s-chapter 130 Land
33 Use Districts, and chapter 138, Rate of Growth Restrictions (ROGO/NROGO),
34 ieles temporary emergency housin (of similar- s ltefing unks may be
35 placed on a single-family let pgcel for temporary occupancy by tenaflts residents of the
36 same parcel who have been displaced by natural or manmade disaster damage-, te4he
37 !awfully estabfished dwellin.6- uflit --- the let subject to the following conditions:
38 (1) The dwelling unit on the subject parcel is lawfully established and has incurred
39 sufficient damage from the disaster to make the dwelling unit uninhabitable as
40 determined by verifiable photographic evidence provided by the applicant to the
41 building department and/or an inspection by an official from a federal or state
42 governmental relief agency, the county building department or the code
43 enfer-eement compliance department;
44 (2) A building permit is must be issued within 90 days of placement of the temporary
45 emergency housing for repair of damages caused by the casualty event to make the
Page 4 of 12
:dettt r.a [gyp n �.t,.� habitable _ than 90 d f l,,,,�,,nent
yy). MW k�1,111®� unit ..v fewer- raa♦ w.�'r� vi�i UAtA4 b'SAAA.sYYL 'l.J S.
2 �, property,the 3
3 (3) A► separate, no -fee building permit must be issued for the placement Plae, ffie t of the
4 ' temporary
5 emergency housing, linked to the building permit issued for easualt damage repair.
6 The building e.-mites shall require, a , approval by the building,
7 official of the unit's siting location on the lets and a department of health
8 permit authorizing the connection of the unit) -to an on -site
9 wastewater treatment and disposal system or to an existing community wastewater
10 treatment system:
11 (4) Only one temporary emergency housing unit shall be placed per single famnil arcel;
12 and The size of the RV (er- similar- sheltering unit) to 1he —1 --- 11
13 , if jaeking self prepulsiond*4
1.4 ;
15 D1% r ,, �, a tl+ ;
(5) The teMorary emerge housing Iker S__x___�_ sheltering unit) shall mLay remain.
16 on the property for a period not to exceed 1.80 days from the date of building permit
1.7 issuance or until the final inspection or certificate of occupancy is issued on the
1.8 repairs made to the residential dwelling unit, whichever comes first. later,bull in 'A^
19 s
20ne,additional
21 A single
22 extension of up to an additional 180 days may be aranted by 4the building official if he
23 determines that good cause has been shown for the need for an extension and that the
24 temporary emergency housingsimilar , ' unit) is adequately tied down
25 and secured so as not to present an undue hazard to persons or property in a high-
26 wind or flood event. Expiration of the building permit for damage repairs shall
27 require immediate removal of the temporary emergency housing unit from the .site.
28 However, nothing in this section shall prevent the county or any state or federal
29 authority to terminate without notice the authority to keep any temporary efllg�igency
30 housing RN's (of similar- sheftefi*g units) otherwise authorized under this section
31 should it be deemed required for the public safety.
32
33 (d) Placement cerr erat of fibF temporary emergency housing on
34 nonresiclential properties. Notwithstanding the provisions of this ---chapter 130, Land Use
35 Districts, and chapter 138 Rate of Growth Restrictions ROG)/NRO�GC , teMpora
36 emergency housingsimilar . may be ternporarily
37 placed on a nonresidential or mixed -use property or by permit en properties , in
38 nerifesidential land use distriets and on publicly -owned lands, excluding lands designated
39 for conservation and resource protection for temporary occupancy b to-- county
40 residents displaced by natural or manmade disaster damage, subject to the fallowing
41 conditions
42
43 1 A no -fee building permit must be issued for the placement of the tem orar
44 emergency housing units . The building permit shall require approval by the building
45 official and the planning director of a site plan indicating the location of the
46 temporary emergency housing units on the parcel, and a department of health permit
Page 5 of 12
I authorizing the connection of the unit(s) to an on -site wastewater treatment and
2 disposal system(s) or to an existing community wastewater treatment system: an
3
4 or easualty-everit and/or ddissaasswr re-overy workers. The size - C 4 1, - V 17
ef or sifflilaf
5 sheltering units) 'I-- b-e teFflporarily pffieed SI.—I be in aceor-danee with stibseetien
6 (e)(4) of this seetien. Permitting approval of temporary plaeefflerit of RVs (of
7 similar sheltefing units) shall require submittal of a ne fee perfflit appfiieeation to th-e
8 building d par,tment to approved by the building offleial, including a site plan
9 purstiant to requi.e...e._ established by the building official. Upon final int3t��
10 the building e,ff4eial Of e WIMAX-Pefary construetion r-anted by ......
aff -MergefIC., IJ�ET=Fr5
11 authorization for the oeeupaney of the property .-F t-affiTle-F, 1
12 shall not eX____ed 180 days freffl the date of th final inspeetion without a ivritten
13 ex—sion f+e-ffl the eowity bull -ding official or his r-epfesentafive net to exceed-ari
14 additional 180 days based upon the build`ng effieial or his represe*64ivels,
15 determination
16 (2) The temporary emergency housing unit(s), may remain on the propertyfora period
17 not to exceed 180 days from the date of building permit issuance. A single extension
18 of up to an additional..,180 days may be granted by the building official if he
19 determines that good cause has been shown for the need for the extension and that the
20 temporary emergency housing RV "eF siffiJl unit) is adequately tied down
21 and secured so as not to present an undue hazard to persons or property in a high-
22 wind or flood event. However, nothing in this section shall prevent the county or any
23 state or federal authority to terminate without notice the authority to keep any
24 temporary emergency housingRN's similar sheltering units) otherwise authorized
25 under this section should it be deemed required for the public safety.
26
27 (e) Placement of' temporary entergency housing fbr eineLgency reliet workers.
28 Notwithstanding the provisions of chapter 130, Land Use Districts, and chapter 138, Rate
29 of Growth Restrictions (ROGO/NROGO), tern -oorary emergencv housing may be
30 provided for temporary occupancy by emergency relief workers involved in
31 reconstruction activities, subject to the following conditions:
3,2 (1) An emergency directive or resolution of the BOCC must be issued authorizing the
33 placement and duration of the temporary emergency, housing for relief workers;
34 (2) Placement of temporary emergency housing for relief workers must not impede or
35 interfere with other emergency and recovery operations or public safety;
36 (3) Temporary recover V or reconstruction housing facilities shall ensure that temporary
37 electrical and. sewage lines do not constitute an attractive nuisance to children or
38 homeless persons in the area (i.e., sufficient temporary fencing may be required by
39 the building official);
40 (4) A no -fee building --..permit must be issued for the placement of the temporary
41 emergency housing unit(s), The building permit shall require 4pproval by the building
42 official and the planning director of a site plan indicating the location of the
43 temporary emergency housing unit(s) on the pArcel consistent with the BOCC
44 resolution, and a department of health permit authorizing the connection of the unit(s)
45 to an on -site wastewater treatment and disposal system(s) or to an existiag
46 community wastewater treatment system,
Paae 6 of 12
L_
1 (5) Any required demolition or building permits for the related reconstruction activities
2 must be issued within 90 days from the placement of the temporary emergenu
3 housing for relief workers;
4 (6) The temporary erng1gency housing unit(s) may remain on the site for a period not to
5 exceed the duration specified by the BOCC resolution, and may only be extended at
6 the discretion of the BOCC by an additional resolution-, However, nothing in this
7 section shall prevent the county or any state or federal authority to terminate without
8 notice the authority tojeep any temporary emergency housing.. unit otherwise
9 authorized under this section should it be deemed e -L-quired for the public safety;
10 (7) The only persons permitted to reside for any period in temporary emergency housing
11 for relief workers are individuals who are gainfully employed on a fulltime basis in
12 completing cleanup and reconstruction efforts., following a natural or manmade
13 disaster. All residents of temporary emergency housing for relief workers who were
14 not permanent residents of the county prior to first occupying such housin R...facilities
15 will be required to evacuate in accordance with local evacuation orders. Residents of
16 any temporary emergency housing for relief workers who, were permanent residents
17 of the county prior to first occupying such housing facilities may not remain in
18 temporary emergency housing for relief workers during any period when a local
19 evacuation order is in effect.
20
21 (ff) Placenient of temporary non-emeLgency housing -siHgle .I01
F 1/0 and othei- 4empopa,,y
22 divellbig st tetitrei (together houshig fiaeihWe-s-�' for
23 fetnporar-y emer-genc-y eofit --Oho,F ho— . co —actors on county -owned airport
24 properties. Notwithstanding the provisions of thisy-chapter 130, Land Use Districts and
25 chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary non -emergency
...l.i.-and - —Hetures may be
26 housing, r-eefeafienal .1 -1-1 +—:11-- 1 - -tlqef tefliper-Ri:Y
27 placed on county -owned airport properties for temporary occupancy by contractors
28 completing airport safety and capacity improvements subject to the following conditions:
29 (1) A building permit must be issued for placement of the temporary non-emer2enc
30 housing unit(s), and linked to existing airport construction permits. The building
31 permit shall require approval by the building official and the planning director of a
32 site plan indicating the location of the temporary non -emergency housial-yunit(s) on
33 the parcel, and a department of health permit authorizing the connection of the unit(s)
34 to an on -site wastewater treatment and disposal system(s) or to an existing
35 community wastewater treatment system, All units shall be adequately tied down;
36 fQ Placement of temporary non -emergency housing for airport construction purposes
37 heu4ag faeilities must not impede or interfere with aviation operations or safety and
38 must conform to any applicable FAA regulations;
39 (2) NE) elear-ing er- filling of eavir-onffientally sensitive !and-, may occur- as a r-esult of
40 pfeviding tem-1-11 '-FPOA eenstfu-c4io-B fieustfl- fa .-Cilities;
41 ,
42 pFevide fer- pr-apef solid waste disposal, and fequir-e a no fee bUilding peftBit linked to
43 &ds+-- — 'r
� —Fpfft eOflStFU-+1i--n -t1--.-fflH+1s, that sha!4 fequife, prior to thei
44 "pfeval by dke eetinty building effie'al of theif siting leeations and departmen-t-4
45 hea1+1' pefm.-+s of authefiZat"ien, fte- A -- ----- etion of the temper-ar-y aifper-t
Page 7 of 12
I eenstruetion housing f-a-eilities, te an en sitE! wastewatef: tFeatment a A A;,--,,,]
'9')�Steffl
2 of to-f. _e stewatef tfeatment",ste+n,
3 (4) Tefflper-a y air-por-+ eetistfuetion housing faeilities shall ensur-e that temporary
4 eleetr4eal and sewag- nes do not eensfitute an attfaetive flu sanee to ehildr-en ef
5 homeless Persofv'- in. the afea (i.e., suffi-i-.4 temporary feneing ma be
6 the effleial);
7 L:D (54 Temporary non -emergency housing airport construction purposes housing
8 faeilities shall remain on the property for a period not to exceed 30 days from the date
9 of completion of the related airport construction work, unless extended by resolution
10 of the beafd of eeuaty eemmissieners BOCC. However, nothing in this section shall
1.1 prevent the county or any state or federal authority to terminate without notice the
12 authority to keep any temporary non-ernergency housing unit otherwise authorized
13 under this section should it be deemed required for the public safety; and
14 () The only persons permitted to reside for any period in temporary non-timergeacy
15 housing units for airport construction purposes housing faei are individuals who
16 while in the county are actually gainfully employed on a fulltime basis in completing
17 airport safety and capacity improvements at a county airport. All residents or
18 occupants of temporary airport construction housing facilities must be required to
19 timely evacuate in accordance with local evacuation orders.
20
21 (g) Placement of' teniporarV non-enzeLgency housing to projde site security f6r capital
22 improvement projects, Notwithstanding the provisions, of chapter 130, Land Use
23 Districts, and chapter 138, Rate of Growth Restrictions (ROGO/NROGO), tern p,orary
24 non -emergency housing for temporary occupancy by workers undertaking a long-term
25 capital improvement project may be provided in order to provide site security for the
26 project site, subject to the following conditions:
27 (J.) A resolution of the BOCC must be issued authorizer g the placement of a temporary
28 non -emergency housing unit for site security. The resolution shall specify the location
29 (placement of the unit at the project site ). and the duration of the temporary housing
30 unit, not to exceed 180.days No more than one temporary non -emergency housing
31 unit shall be approved per project sites
32 (2) Placement of a temporary non -emergency housing unit for site security must not
33 i!ppede or interfere with public safe
34 (3) The purpose of the temporary non.-emeEgency housing unit shall be to provide
35 security for the project site;
36 (4) A building..perinit must be issued for the placement of the temporary non,-timer'genU
37 housing unit for site security, linked to the building permits for the related
38 construction activities (if gpplicablel.....The ,,..building permit shall require approval by
39 the building official and ..the ,.planning director of a site plan indicating the location of
40 the temporary emergency housing unit on the parcel, consistent with the BOCC
41 resolution, and a department of health permit authorizing the connection of the unit to
42 an on -site wastewater treatment and disposal system or to an existing community
43 wastewater treatment system;
44 (5) The temporary non -emergency housing unit for site security may remain on the site
45 fora period not to exceed the duration specified by the BOCC resolution, and may
46 only be extended at the discretion of the BOCC by an additional resolution.;. however.
Page 8 of 12
I nothing in this section shall prevent _.the ...county or any state or federal authority to
2 terminate without notice the authority to keep any temporary non-emerggDcy,.housjgg
3 unit otherwise authorized under this section should it be deemed required for the
4 public safety.
5 (6) The only persons permitted to reside for any period in temporary non -emergency
6 housiu, for site security for a capital improvement project are individuals who are
7 gainfully employed in completing the capital improvement project. All residents of
8 temporary non -emergency housing for site security who were not permanent residents
9 of the county prior to first occupying such housing facilities will be—Eggpired to
10 evacuate in accordance with local evacuation orders. Residents of any temporary non-
] I emergency housing who were permanent residents of the county prior to first
12 occupying such housing facilities may not remain in temporary non -emergency
13 housing .for: .site security during any period when a local evacuation order is in effect.
14
15 (h) No clearing or filling of environmentally sensitive lands may occur as a result of
16 providing any type of temporary by unit(s).
17
18 G). For ....... ... all permitted temporary housing, upon expiration of relevant .approvals and
19 timeframes expressly set forth in the relevant authorization, the. tern porary housing shall
20 be removed.
21
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Page 9 of 12
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31
32
33 Section 3. Section 130-5 of the Monroe County Code shall be established as follows (deletions
314 are str-ieken and additions are underlined):
35
36 Sec. 130-5. Temporary uses.
37
38 (a) Applicabilify. If not already provided for as a permitted use by the Land Development
39 Code, a temporary use is a permitted use in any land use (zoning) district, provided it
40 meets the criteria set forth in this section. This section shall not override or substitute for
41 any other section of this Land Development Code that requires another-.Iype of permit,
42 certification or approval.
43
44 (b) Temporary uses, other than public asseLiblies and temporary construction staging areas.
45 Approval of a terry porary..use that is not defined as a public assembly in section 101-1 or
Pa-e 10 of 12
categorized as a temporary construction stakinf, area pursuant to section 6-3 shall be
2 granted only if the following criteria are met:
3 (1) Prior to establishment of the temporary use, a special building permit gpproving the
4 temporary use, and any associated temporary structures, shall be issued in accordance
5 with this section and section 6-112•
6 (2) No clearing or filling of environmentally sensitive lands shall occur to accommodate
7 the temporary
8 (3) The temporary use shall not occur..in any required setback or re wired parking area,
9 and
10 (4) The teMporary use shall be compatible with existing uses on surrounding properties,
1.1 as determined by the planning director. If necessary, prior to issuance of a special
12 building permit allowing the temporary use, the planning director may require a
1.3 meeting with the Uplicant, the planning director or his/her designee), building
14 official (or his/her designee), the sheriff (or his/her designee), the fire chief (or his/her
15 designee), and/or a representative of the county health department to negotiate
16 mutually satisfactory conditions under which the temporary use may be approved to
17 avoid substantial harm to the public health or safety and to minimize or to avoid
18 substantial harm to, or impairment of the normal use of, a public place or to avoid
19 substantial harm to the environment, Depending on the nature and anticipated
20 duration of the temporary use, as a condition of approval to the special building
21 permit, the planning director and building official reserve the right to:
22 a. Require.fenc,ing, landscaping and/or other screening to limit potential visual and
23 noise impacts of the temporary use on adjacent property owners, and
24 b. Require full compliance with the surface water _management provisions provided
25 in chapter 114, article I and the bufferyard provisions provided in chapter 114,
26 article V.
27
28 (c) Public assemblies. A public assembly is a type of temporary use that is attended by
29 members of the general public,. with or without an admission charge, when the duration
3,0 of the event is less than seven consecutive days and/or the anticipated daily attendance is
31 expected to exceed 250 persons. Approval of a public assemb.ly shall be granted in
32 accordance with the provisions set forth in chapter 17, article 11, Public AssembJY
33 Permits.
34
35
36 Section 4. Severability.
37 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
38 adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
39 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
40 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
41 involved in the controversy in which such judgment or decree shall be rendered.
42
43 Section 5. Conflicting Provisions.
44 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
45 extent of said conflict.
46
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Section 6. Transmittal.
This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
380.05 (11) and F.S. 38,0.0552(9).
Section 7. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective pursuant to Section 9 until a final order is issued according to F.S. 380.05(6) by
the Florida State Land Planning Agency or Administration Commission approving the ordinance,
and if the final order is challenged, until the challenge to the order is resolved pursuant to F.S.
Chapter 120.
Section 8. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
appropriately renumbered to conform to the uniform marking system of the Code.
Section 9. Effective Date.
This ordinance shall become effective as provided by law and stated above. This ordinance
applies to any applicable application submitted after the effective date.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting held on the 21 " of January, 2015.
Mayor Danny L. Kolhage
Mayor pro tein Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner David Rice
M
Mayor Danny L. Kolhage
(SEAL)
ATTEST: A HEAVILIN, CLERK
Deputy Clerk
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