Item G08 G.8
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
November 20, 2019
Agenda Item Number: G.8
Agenda Item Summary #6225
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
n/a
AGENDA ITEM WORDING: A resolution by the Monroe County Board of County
Commissioners approving additional extensions of time for temporary emergency housing in 180-
day increments for permits issued under LDC Section 103-1 for residents displaced by Hurricane
Irma; with no permits or extensions to be issued after December 31, 2021; and requesting direction
regarding "good cause" for the need for an extension.
ITEM BACKGROUND:
The Monroe County Planning & Environmental Resources Department is seeking approval for a
resolution by the Monroe County Board of County Commissioners authorizing additional time
extensions for temporary emergency housing units on residential, nonresidential or vacant
residential properties for temporary occupancy by county residents displaced by Hurricane Irma,
pursuant to Section 103-1 of the Monroe County Land Development Code.
The Monroe County Mayor declared a State of Local Emergency on September 5, 2017 due to
Hurricane Irma, a "threat of danger to the populace inhabiting Monroe County" and that the
County "may require expedient action in order to protect the health, safety and welfare of the
community." At 9:10 a.m. on September 10, 2017, Hurricane Irma made landfall near Cudjoe
Key as a Category 4 Hurricane with maximum sustained winds of 130 mph. Significant damage
has occurred to the housing stock.
The damage caused by Hurricane Irma has displaced a large population of County residents,
which has greatly increased the demand for repairs and replacement housing. Due to this
increased demand coupled with the limited resources and labor market, timeframes for repairs
and redevelopment are being projected beyond the duration allowed for Temporary Emergency
Housing by the Monroe County Comprehensive Plan and Monroe County Code.
Per Section 103-1(c)(5) and (d)(3), the maximum timeframe (without additional BOCC
approval) for a temporary emergency housing permit that has been permitted on a residential,
nonresidential, or vacant residential property is 180 days, plus one potential extension of an
additional 180 days (360 days total):
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G.8
The temporary emergency housing unit may remain on the property for a period
not to exceed 180 days from the date of building permit issuance or until the final
inspection or certificate of occupancy is issued on the repairs made to the
dwelling unit, whichever comes first. A single extension of up to an additional 180
days may be granted by the Building Official if he determines that good cause has
been shown for the need for an extension and that the temporary emergency
housing unit is adequately tied down and secured so as not to present an undue
hazard to persons or property in a high-wind or flood event.
On June 25, 2019, the BOCC adopted Ordinance No. 023-2019 amending Monroe County Code
Section 103-1 to allow the BOCC to further extend occupancy of temporary emergency housing
units beyond 360 days:
Occupancy may be further extended at the discretion of the Board of County
Commissioners (BOCC) by resolution.
This amendment became effective on November 2, 2019.
Staff continues to receive both new applications and requests for extensions to issued permits for
temporary emergency housing units on residential, nonresidential, and vacant residential
properties. Many residents continue to seek funding and work through the process of obtaining
the necessary approvals to repair and rebuild homes damaged and destroyed by Hurricane Irma.
Of particular importance is the status of the more than 1,200 registrants for the Rebuild Florida
program administered by the Florida Department of Economic Opportunity (DEO). While there
are 1200 registrants, there has not been one permit pulled for housing repair under this program.
Pursuant to the LDC amendment adopted by Ordinance 023-2019, which allows the BOCC to
adopt a resolution authorizing additional time extensions to temporary emergency housing
permits, staff recommends they BOCC allow additional extensions in 180-day increments,
to be issued as revisions to temporary housing permits under the requirements of Section
103-1 (see full permit requirements in attached ordinance). Staff also recommends that the
BOCC limit extensions to only be issued through December 31, 2021. This would mean that
all temporary emergency housing permits should be closed and temporary housing units removed
by June 30, 2022, unless the BOCC chooses to adopt a subsequent resolution authorizing even
more extensions.
Staff is also requesting direction from the BOCC on the following items related to
temporary emergency housing permits:
1. Per LDC Section 103-1, time extensions may be granted if it is determined that "good
cause has been shown for the need for an extension..." Staff requests direction regarding
what constitutes "good cause."
DEO's Rebuild Florida program is still processing applications and determining eligibility for
many homeowners who suffered damage from Hurricane Irma. The table below is a summary of
key stages of the application and approval process, and the number of owners who are currently
at each stage in the process (as of 10/11/2019).
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G.8
Staff recommends that applicants who have reached the "Completed & Submitted Application"
stage of the process have shown "good cause" in that they are taking steps to make progress on
their plan to rebuild/repair their home damaged by Hurricane Irma.
Stage in Rebuild Florida Process Number of Property
Owners at this Stage
1. Registered (anyone can register)
Documentation: Registrants can print out the program ID# 1,223
and their application
2. Invited to Apply (income pre-qualification has already
been done) 1,069
Documentation: Invitation to Apply Letter
3. Application Submission Completed
Documentation: Entry found in MC Rebuild Florida Master 316
Database
4. Grant Awarded
11
Documentation: Award Acknowledgement Letter
S. Contractor Notice to Proceed (NTP)
4
Documentation: Notice to Proceed Package
For those not involved in the Rebuild Florida program, staff recommends that "good cause" for
the need for an extension may include the following, as determined by the Planning Director
and/or Building Official:
a. Provide an executed contract to rebuild; or
b. Evidence of working with insurance companies with no final resolve; or
c. There is an issued, unexpired building permit for repair/replacement of the
dwelling unit on the property and construction is ongoing.
2. Some properties have open citations by Monroe County Code Compliance for violations
they have created while living in the temporary RVs. Staff recommends that occupants
causing violations on the sites where their RVs are located not be permitted to remain on
the sites and therefore, if open citations or code violations exist without the property
owner moving forward with a remedy, staff recommends allowance for staff to deny
temp housing permits.
Packet Pg. 1185
G.8
3. Staff requests direction regarding how to determine if a resident qualifies as "displaced"
by Hurricane Irma. Per LDC Section 103-1(c)(4), "Only one temporary emergency
housing unit shall be placed per each lawful dwelling unit and the temporary emergency
housing unit may only be occupied by County residents who have been displaced by
natural or manmade disaster damage...".
Staff has received temporary housing applications with the following scenarios:
❑ Property owner occupying a temporary emergency housing unit on the same property;
❑ Pre-Irma tenants occupying a temporary emergency housing unit on the same property
they were renting prior to the storm; and
❑ Pre-Irma tenants occupying a temporary emergency housing unit on a different property
(within Monroe County) than they were renting prior to the storm.
Staff recommends the BOCC allow any residents of Monroe County that were displaced due to
Irma be considered a displaced resident and qualify to occupy a temporary emergency housing
unit.
PREVIOUS RELEVANT BOCC ACTION:
On June 25, the BOCC adopted Ordinance No. 023-2019 amending LDC Section 103-1,
allowing the BOCC to approve by Resolution an extension of the duration of temporary
emergency housing after a natural disaster.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Staff recommends APPROVAL of the proposed Resolution.
DOCUMENTATION:
Resolution - temp emergency housing extensions
Ordinance 023-2019
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Packet Pg. 1186
G.8
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: NA
Additional Details:
REVIEWED BY:
Emily Schemper Completed 11/04/2019 4:44 PM
Steve Williams Completed 11/05/2019 7:48 AM
Maureen Proffitt Completed 11/05/2019 8:37 AM
Assistant County Administrator Christine Hurley Completed
11/05/2019 1:20 PM
Budget and Finance Completed 11/05/2019 2:28 PM
Maria Slavik Completed 11/05/2019 2:34 PM
Kathy Peters Completed 11/05/2019 2:41 PM
Board of County Commissioners Pending 11/20/2019 9:00 AM
Packet Pg. 1187
G.8.a
1,
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6 MONROE COUNTY,FLORIDA U)
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO. -2019
9
10 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS AUTHORIZING ADDITIONAL EXTENSIONS TO
12 TEMPORARY EMERGENCY HOUSING UNIT PERMITS ISSUED
13 PURSUANT TO SECTION 103-1 OF THE MONROE COUNTY LAND
14 DEVELOPMENT CODE,FOR TEMPORARY OCCUPANCY BY COUNTY
15 RESIDENTS DISPLACED BY HURRICANE IRMA.
16
17 WHEREAS, the Board of County Commissioners is the legislative body of Monroe
18 County, Florida; and
19
20 WHEREAS, the Monroe County Mayor declared a State of Local Emergency on 0.
21 September 5, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe
22 County" and that the County "may require expedient action in order to protect the health, safety
23 and welfare of the community;" and
24 U)
25 WHEREAS, Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys
26 on September 10, 2017, causing substantial damage to and loss of property; and
27
28 WHEREAS, the Monroe County Mayor issued another declaration a State of Local
29 Emergency on September 12, 2017 due to Hurricane Irma, a "threat of danger to the populace
30 inhabiting Monroe County" and that the County "may require expedient action in order to protect
31 the health, safety and welfare of the community;" and
32
33 WHEREAS, Monroe County experienced a natural disaster, Hurricane Irma, which E
34 caused damage to residences,businesses and infrastructure throughout the County; and
35 2
36 WHEREAS,pursuant to Section 103-1(b)of the Monroe County Land Development Code
37 (LDC), "It is the purpose of this section to provide regulations that allow for the relaxation of the
38 use prohibitions in Chapter 130, Land Use Districts, Chapter 131, Bulk Regulations, and Chapter
39 138, Rate of Growth Restrictions (ROGO/NROGO), to: (1) Provide regulatory authority to allow U)
40 temporary emergency housing, not subject to the ROGO permit allocation system,for temporary
41 occupancy by residents displaced by natural or manmade disaster damage...; and
42
43 WHEREAS, pursuant to LDC Section 103-1(a), temporary emergency housing means
44 recreational vehicles (or similar approved sheltering units) used for temporary occupancy in
45 response to natural or manmade disasters, including, but not limited to, hurricanes and tropical
46 storms, where such RVs (or other approved sheltering units) are provided to residents or relief
47 workers as part of emergency relief efforts; and recreational vehicle (RV) means the same as that
48 term is defined in F.S. § 320.01; and
Page 1 of 2
Packet Pg. 1188
G.8.a
I WHEREAS, pursuant to LDC Section 103-1(c), temporary emergency housing may be
2 placed on a residential parcel for temporary occupancy by residents who have been displaced by
3 natural or manmade disaster damage subject to conditions; and
4
5 WHEREAS, pursuant to LDC Section 103-1(d), temporary emergency housing may be
6 placed on a nonresidential or mixed-use property or on publicly-owned lands or vacant residential
7 properties, excluding lands designated for conservation and resource protection for temporary
8 occupancy by residents who have been displaced by natural or manmade disaster damage subject
9 to conditions; and
10
11 WHEREAS, displaced residents may need additional time to complete repairs and
12 replacements on their damaged and destroyed homes; and
13
14 WHEREAS, On June 19, 2019 the BOCC adopted Ordinance 023-2019, amending LDC
15 Section 103-1, allowing the Board of County Commissioners to approve by Resolution further
16 extension(s) to the duration of temporary emergency housing after a natural disaster;
17
18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY �
19 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
20
21 Temporary emergency housing unit permits issued pursuant to Land Development Code Section
22 103-1(c), 103-1(d), and 103-1(e)to provide housing for residents displaced by Hurricane Irma may U)
23 be issued additional time extension(s) in 180-day increments. No extensions shall be issued after
24 December 31, 2021.
25
26 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
27 at a regular meeting of the Board held on the 20'h day of November, 2019.
28
29 Mayor Sylvia J. Murphy
30 Mayor Pro Tern Danny L. Kolhage
31 Commissioner Michelle Coldiron
32 Commissioner Heather Carruthers E
33 Commissioner David Rice
34
35
36 BOARD OF COUNTY COMMISSIONERS
37 OF MONROE COUNTY, FLORIDA
38 U)
a:
39
40 BY
41 (SEAL) Mayor Sylvia J. Murphy E
42
43 ATTEST: KEVIN MADOK, CLERK
44
45 ,.,
46 By 11111" .�T.
A831 k7`At L TY ►Z T
47 Deputy Clerk Deft.
Page 2 of 2
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G.8.b
FLOIUDA DEPARTMENT 0 STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
June 26, 2019
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West,Florida 33040
Attention: Pamela Hancock
Dear Mr. Madok:
0.
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your a�
replacement electronic copy of Monroe County Ordinance No. 023-2019,which was filed in this office on
June 26,2019.
cv
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb 2
R. A. Gray Building 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us Packet Pg. 1190
CouAT G.8.b
Kevin Madok, cPA
•A
G�Yj ;O
J
-.......•:�� Clerk of the Circuit Court&Comptroller—Monroe County, Florida
�s coin
June 25, 2019
Department of State
Administrative Code&Register
500 S Bronough Street
Tallahassee FL 32399-0250
U)
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 023-2019 amending Monroe County Code
Section 103-1,temporary housing regarding temporary emergency housing for temporary
occupancy by residents displaced by a natural disaster to allow for the Board of County
Commissioners to approve by Resolution an extension of the duration of temporary emergency
housing after a natural disaster, and to allow for the Board of County Commissioners to approve by
Resolution placement of temporary emergency housing at mobile home parks and RV parks for the c
temporary occupancy by residents displaced by a natural disaster;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 inclusion in the Monroe County Comprehensive
Plan;providing for an effective date.
91
This Ordinance was adopted by the Monroe County Board of County Commissioners at a E
regular meeting, held in formal session, on June 19, 2019. Should you have any questions,
please feel free to contact me at(305) 292-3550.
Respectfully Submitted, v
Kevin Madok, CPA, Clerk of
the Circuit Court&Comptroller&
ex-officio to the Monroe County 0
Board of County Commissioners
by:Pamela G. Hancock, D.C.
cc: Planning&Environmental
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan
305-294-4641 305-289-6027 305-852-7145 305-1 Packet Pg. 1191
1 '
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6 MONROE COUNTY, FLORIDA
7 BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NO. 023 2019
9
10 AN ORDINANCE BY THE BOARD OF COUNTY
11 COMMISSIONERS AMENDING MONROE COUNTY
12 CODE SECTION 103-1, TEMPORARY HOUSING
13 REGARDING TEMPORARY EMERGENCY HOUSING FOR
14 TEMPORARY OCCUPANCY BY RESIDENTS DISPLACED
15 BY A NATURAL DISASTER TO ALLOW FOR THE BOARD
16 OF COUNTY COMMISSIONERS TO APPROVE BY
17 RESOLUTION AN EXTENSION OF THE DURATION OF
18 TEMPORARY EMERGENCY HOUSING AFTER A
19 NATURAL DISASTER;AND TO ALLOW FOR THE BOARD
20 OF COUNTY COMMISSIONERS TO APPROVE BY
21 RESOLUTION PLACEMENT OF TEMPORARY
22 EMERGENCY HOUSING AT MOBILE HOME PARKS AND
23 RV PARKS FOR THE TEMPORARY OCCUPANCY BY
24 RESIDENTS DISPLACED BY A NATURAL DISASTER
25 PROVIDING FOR SEVERABILITY; PROVIDING FORCL
26 REPEAL OF CONFLICTING PROVISIONS; PROVIDING
27 FOR TRANSMITTAL TO THE STATE LAND PLANNING
28 AGENCY AND THE SECRETARY OF STATE; PROVIDING
29 FOR INCLUSION IN THE MONROE COUNTY
30 COMPREHENSIVE PLAN; PROVIDING FOR AN
31 EFFECTIVE DATE. {FILE#2018-043)
32
33
34 WHEREAS, the Monroe County Planning & Environmental Resources Department is
35 proposing amendments to the Monroe County Code Section 103-1 regarding temporary emergency
36 housing.
37
38 WHEREAS,the proposed Amendment to the Monroe County Code Section 103-1 would allow
39 for temporary occupancy by residents displaced by a natural disaster to allow for the board of county
40 commissioners to approve by resolution an extension of the duration of temporary emergency
41 housing after a natural disaster; and to allow for the board of county commissioners to approve by
42 resolution placement of temporary emergency housing at mobile home parks and RV parks for the
43 temporary occupancy by residents displaced by a natural disaster; and
44
45 WHEREAS, during a regularly scheduled meeting held on April 24, 2018, the Development
46 Review Committee(DRC)considered the proposed amendments and recommended approval; and
Ord'023 -2019
Page 1 of 9
Packet Pg. 1192
• G.8.b
1 WHEREAS, the Monroe County Planning Commission (PC) held a public hearing on
2 November 14, 2018, for review and recommendation on the proposed amendments; and
3
4 WHEREAS, the Planning Commission (PC) recommended to the Board of County
5 Commissioners to consider the adverse effects of placement of temporary emergency housing on
6 vacant Tier I parcels; and
7
8 WHEREAS,the Planning Commission (PC)recommended the following change to LDC Sec.
9 103-1(c)(2): A building permit must be issued within 90 120 days of placement of the temporary
10 emergency housing for repairs of damages caused by the casualty event to make the dwelling unit
I habitable or the subject parcel must have an already issued, unexpired building permit for the
12 construction of a dwelling unit; and
X
13
14 WHEREAS, the Planning Commission (PC) adopted Resolution P32-18 recommending
15 approval of the proposed Land Development Code text amendment; and
16
17 WHEREAS, at a regularly scheduled meeting held on the 19th day of June,2019,the Monroe
18 County Board of County Commissioners held a public hearing, considered the staff report, and
19 provided for public comment and public participation in accordance with the requirements of state
20 law and the procedures adopted for public participation in the planning process; and
21
22 WHEREAS, based upon the information and documentation submitted, the Board of County
23 Commissioners makes the following Findings of Fact and Conclusions of Law:
24
CL
25 1. The proposed amendments to Monroe County Code Section 103-1 are consistent with the
26 Goal, Objectives and Policies of the 2030 Comprehensive Plan; and
27
28 2. The proposed amendments to Monroe County Code Section 103-1 are consistent with the
29 Principles for Guiding Development for the Florida Keys Area of Critical Concern Section
30 380.0552(7), Florida Statutes; and `14
31
32 3. The proposed amendments to Monroe County Code Section 103-1 are consistent with
33 Florida Statutes.
34
35
36 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
37 COMMISSIONERS OF MONROE COUNTY,FLORIDA,that the preceding Findings of Fact
38 and Conclusions of Law support its decision to recommend approval of the following text
39 amendment:
40
41 Section 1. Section 103-1 of the Monroe County Land Development Code shall be amended
42 as follows: (deletions are stx4eken through and additions are underlined):
43
44 Section 103-1. Temporary Housing.
45
46
47
Ord 023 -2019
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I (c) Placement of temporary emergency housing an residential parcels. Notwithstanding the
2 provisions of Chapter 130,Land Use Districts,Chapter 131,Bulk Regulations,and Chapter
3 138, Rate of Growth Restrictions (ROGO/NROGO), temporary emergency housing may
4 be placed on a residential parcel for temporary occupancy by residents who have been
5 displaced by natural or manmade disaster damage subject to the following conditions:
6 (1) The dwelling unit(s) on the subject parcel is lawfully established and has incurred
7 sufficient damage from the disaster to make the dwelling unit(s) uninhabitable as
8 determined by verifiable photographic evidence provided by the applicant to the
9 Building Department, and/or an inspection by an official from a federal or state
10 governmental relief agency, the county Building Department or the County Code
11 Compliance Department; or the subject parcel has an already issued, unexpired
12 building permit for the construction of a dwelling unit;
g
13 (2) A building permit must be issued within 90120 days of placement of the temporary
14 emergency housing for repair of damages caused by the casualty event to make the
15 dwelling unit habitable or the subject parcel must have an already issued,unexpired
16 building permit for the construction of a dwelling unit;
17 (3) A separate, no-fee building permit must be issued for the placement of the
18 temporary emergency housing, linked to the building permit issued for damage
19 repair or linked to an issued, unexpired building permit for the development of a
20 dwelling unit on the subject parcel. The building permit shall require approval by E
21 the Building Official of the unit's siting location on the parcel and authorization for
22 connection of the unit to central sewer,an on-site wastewater treatment and disposal
23 system, an existing community wastewater treatment system; or use of a holding
24 tank with a licensed septage hauler;
25 (4) Only one temporary emergency housing unit shall be placed per each lawful
26 dwelling unit and the temporary emergency housing unit may only be occupied by
27 County residents who have been displaced by natural or manmade disaster damage;
28 ead
29 (5) The temporary emergency housing unit may remain on the property for a period
30 not to exceed 180 days from the date of building permit issuance or until the final
31 inspection or certificate of occupancy is issued on the repairs made to the dwelling
32 unit, whichever comes first A single extension of up to an additional 180 days may
33 be granted by the Building Official if he determines that good cause has been shown
34 for the need for an extension and that the temporary emergency housing unit is
35 adequately tied down and secured so as not to present an undue hazard to persons
36 or property in a high-wind or flood event. Occupancy mLLy be further extended at
37 the discretion of the Board of County Commissioners BOCC by resolution.
38 Expiration of the building permit for damage repairs or dwelling unit construction
39 shall require immediate removal of the temporary emergency housing unit from the
40 site.However,nothing in this section shall prevent the county or any state or federal
41 authority to terminate without notice the authority to keep any temporary
Ord 023 -2019
Page 3 of 9
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G.8.b
I emergency housing units otherwise authorized under this section should it be
2 deemed required for the public safety:; and
3 (6) The Board of County Commissioners BOCC Ingy adopt a resolution authorizin
4 the duration of temporary emergency emgrgency housing after a natural or manmade disaster.
5
6 (d) Placement of temporary emergency housing on nonresidential properties or vacant
7 residential properties. Notwithstanding the provisions of Chapter 130,Land Use Districts,
8 Chapter 131, Bulk Regulations, and Chapter 138, Rate of Growth Restrictions S
9 (ROGO/NROGO), temporary emergency housing may be placed on a nonresidential or U)
10 mixed-use property or on publicly-owned lands or vacant residential properties,excluding
11 Iands designated for conservation and resource protection for temporary occupancy by
12 County residents displaced by natural or manmade disaster damage, subject to the
13 following conditions:
14 (1) A no-fee building permit must be issued for the placement of the temporary
15 emergency housing unit(s). The building permit shall require approval by the
16 BuiIding Official and the Planning Director of a site plan indicating the location of
17 the temporary emergency housing unit(s) on the parcel, and authorization for the :
18 connection of the unit(s) to central sewer, an on-site wastewater treatment and
19 disposal system(s), to an existing community wastewater treatment system or use
20 of a holding tank with a licensed septage hauler; a�
21 (2) The placement of temporary emergency housing on vacant residential properties is 0.
22 limited to travel trailers, RVs or similar sheltering units provided and licensed by
23 FEMA; and
24 (3) The temporary emergency housing unit(s) may remain on the property for a period C"4
25 not to exceed 180 days from the date of building permit issuance.A single extension C14
CD
26 of up to an additional 180 days may be granted by the. Building Official if he
27 determines that good cause has been shown for the need for the extension and that
28 the temporary emergency housing unit is adequately tied down and secured so as
29 not to present an undue hazard to persons or property in a high-wind or flood event.
30 Occupancy may be further extended at the discretion of the Board of Count
31 Commissioners BOCC by resolution. However, nothing in this section shall
32 prevent the county or any state or federal authority to terminate without notice the
33 authority to keep any temporary emergency housing units otherwise authorized
34 under this section should it be deemed required for the public safety:;and
35 (4) The Board of Count Commissioners BOCC mgy adopt a resolution authorizing
36 the duration of temporary tqmporary emergency housing after a natural or manmade disaster.
37
38 a Placement ot tem ora emeL-gency housing at mobile home parks and RV parks.
39 Notwithstanding the provisions of Chapter 130, Land Use Districts, and Chapter 138,Rate
40 of Growth Restrictions(ROGO/NROGO),temporary emergency housing may be provided
Ord 023 -2019
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Packet Pg. 1195
G.8.b
1 at mobile home parks and RV parks, for tgmporga occupancy b, residents who have been
2 displaced by natural or manmade disaster dama a subject to the following conditions:
3
4 i An emergency directive or resolution of the BOCC must be issued authorizing the
5 placement of temporary emergency housing at mobile home and RV arks-
6 (2) The Planning Director and Building Official shall have the authority to approve the
7 locations of the temporary tLmporary housing at mobile home and RVparks;
8 3 Placement of teEnporary emergency ernggency housing must not impede or interfere with other
9 emergency and recovery operations or public safety-,
10 (4) Temporary_recovery or reconstruction housing facilities shall ensure that temporary
11 electrical and sews a lines do not constitute an attractive nuisance to children or
12 homeless persons in the area i.e. sufficient temporary fencing ma be required b
13 the Building_Official),
14 5 A no-fee building permit must be issued for the placement of the tem orar
15 emergency housing unit(s). The building permit shall require ap rop val by the
16 Building Official and the Planning Director of a site plan indicating the location of
17 the temporary teMporary emergency housing units on the parcel, consistent with condition
18 1 above and a Department of Health permit authorizing the connection of the
19 unit(s) to central sewer, an on-site wastewater treatment and disposal system(s), an
20 existina communitv wastewater treatments stem or use of holding tanks with a
21 licensed se to a hauler;
22 6 The tgMorary emergency housing units may remain on the site fora period not
23 to exceed 180-days, unless an extension of up to an additional 180 days is granted
24 by the Building Official. Occupancy may be further extended at the discretion of
25 the Board of County Commissioners BOCC by resolution. However, nothing
26 shah prevent the county or any state or federal authority to terminate without notice
27 the authority to kegD any temporary teMporary emergency emergplIcy housing unit otherwise authorized
28 under this resolution should it be deemed required for the public safety,
29 7 The placement and use of tem orar gm�grggency housing units at mobile home
30 parks and RV parks as housing assistance due to natural or manmade disaster
31 damage does not create a ROGO exemption nor recognize nonconforming uses.
32 Nonconforming uses damaged or destroyed so as to require substantial
33 improvement shall be re aired or restored only for uses that conform to the
34 provisions of the land use (zoning) district in which it is located-
35 8 Pursuant to Section 103-1 i no clearing-or filling of environmentally sensitive 0
36 lands may occur as a result of providing any type of temporary housing unit(s);
37 9 Pursuant to Section 103-1 ' for all permitted tem orary housing, upon expiration
38 of relevant a rovals and timeframes expressly set forth in the relevant
39 authorization the temporary tgmporary housing shall be removed-, and
40 10 The Board of Counjy Commissioners BOCC may adopt a resolution authorizin
41 the duration of temporary teMporary emergency housing after a natural or manmade disaster.
42
43 (ef) Placement of temporary emergency housing for emergency relief workers.
44 Notwithstanding the provisions of Chapter 130,Land Use Districts, and Chapter 138,Rate
45 of Growth Restrictions (ROGO/NROGO),temporary emergency housing may be provided
Ord 023 -2019
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1 for temporary occupancy by emergency relief workers involved in reconstruction activities,
2 subject to the following conditions:
3
4 (1) An emergency directive or resolution of the BOCC must be issued authorizing the
5 placement and duration of the temporary emergency housing for relief workers;
6 (2) Placement of temporary emergency housing for relief workers must not impede or
7 interfere with other emergency and recovery operations or public safety;
8 (3) Temporary recovery or reconstruction housing facilities shall ensure that temporary
9 electrical and sewage lines do not constitute an attractive nuisance to children or
10 homeless persons in the area(i.e., sufficient temporary fencing may be required by
11 the Building Official);
12 (4) A no-fee building permit must be issued for the placement of the temporary
13 emergency housing unit(s). The building permit shall require approval by the
14 Building Official and the Planning Director of a site plan indicating the location of
15 the temporary emergency housing unit(s) on the parcel, consistent with the BOCC
16 resolution, and a Department of Health permit authorizing the connection of the
17 unit(s) to central sewer an on-site wastewater treatment and disposal system(s) of
U)
18 to-an existing community wastewater treatment system or use of holdin tanks with
19 a licensed septage hauler;
20 (5) Any required demolition or building permits for the related reconstruction activities
21 must be issued within 90 days from the placement of the temporary emergency
22 housing for relief workers;
23 (6) The temporary emergency housing unit(s) may remain on the site for a period not 0.
24 to exceed the duration specified by the BOCC resolution,and may only be extended
25 at the discretion of the BOCC by an additional resolution. However,nothing in this
26 section shall prevent the county or any state or federal authority to terminate
27 without notice the authority to keep any temporary emergency housing unit
28 otherwise authorized under this section should it be deemed required for the public `14
29 safety; �
30 (7) The only persons permitted to reside for any period in temporary emergency
31 housing for relief workers are individuals who are gainfully employed on a fulltime
32 basis in completing clean up and reconstruction efforts following a natural or
33 manmade disaster.All residents of temporary emergency housing for relief workers
34 who were not permanent residents of the county prior to first occupying such
35 housing facilities will be required to evacuate in accordance with local evacuation
36 orders. Residents of any temporary emergency housing for relief workers who were
37 permanent residents of the county prior to first occupying such housing facilities
38 may not remain in temporary emergency housing for relief workers during any
39 period when a local evacuation order is in effect.
40
41 (fg) Placement of temporary non-emergency housing for contractors on county-owned airport
42 properties. Notwithstanding the provisions of Chapter 130, Land Use Districts, and Chapter
43 138,Rate of Growth Restrictions(ROGO/NROGO),temporary non-emergency housing may
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G.8.b
I be placed on county-owned airport properties for temporary occupancy by contractors
2 completing airport safety and capacity improvements subject to the following conditions:
3 (1) A building permit must be issued for placement of the temporary non-emergency
4 housing unit(s),and linked to existing airport construction permits.The building permit
5 shall require approval by the Building Official and the Planning Director of a site plan
6 indicating the location of the temporary non-emergency housing unit(s) on the parcel,
7 and a department of health permit authorizing the connection of the unit(s) to an on-
8 site wastewater treatment and disposal system(s) or to an existing community
9 wastewater treatment system. All units shall be adequately tied down;
10 (2) Placement of temporary non-emergency housing for airport construction purposes must
II not impede or interfere with aviation operations or safety and must conform to any
12 applicable FAA regulations;
13 (3) Temporary non-emergency housing for airport construction purposes shall remain on
14 the property for a period not to exceed 30 days from the date of completion of the
15 related airport construction work, unless extended by resolution of the BOCC.
16 However, nothing in this section shall prevent the county or any state or federal
17 authority to terminate without notice the authority to keep any temporary non-
18 emergency housing unit otherwise authorized under this section should it be deemed
19 required for the public safety; and
20 (4) The only persons permitted to reside for any period in temporary non-emergency
21 housing units for airport construction purposes are individuals who while in the county
22 are actually gainfully employed on a fulltime basis in completing airport safety and
23 capacity improvements at a county airport. All residents or occupants of temporary
91
24 airport construction housing facilities must be required to timely evacuate in
25 accordance with local evacuation orders.
26 (glh) Placement of temporary non-emergency housing to provide site security for capital
27 improvement projects. Notwithstanding the provisions of Chapter 130, Land Use Districts,
28 and Chapter 138,Rate of Growth Restrictions (ROGO/NROGO),temporary non-emergency
29 housing for temporary occupancy by workers undertaking a long-term capital improvement
30 project may be provided in order to provide site security for the project site, subject to the
31 following conditions:
32 (1) A resolution of the BOCC must be issued authorizing the placement of a temporary
33 non-emergency housing unit for site security. The resolution shall specify the location
34 (placement of the unit at the project site) and the duration of the temporary housing
35 unit,not to exceed 180 days. No more than one temporary non-emergency housing unit
36 shall be approved per project site. When considering such placement, the BOCC shall
37 take into account the number of times a parcel has been used for temporary non-
38 emergency housing purposes for capital improvement projects and shall consider
39 compatibility, complications and other circumstances that may require a site to be
40 utilized for more than 365 consecutive days and public comment.
41 (2) Placement of a temporary non-emergency housing unit for site security must not
42 impede or interfere with public safety;
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• G.8.b
1 (3) The purpose of the temporary non-emergency housing unit shall be to provide security
2 for the project site;
3 (4) A building permit must be issued for the placement of the temporary non-emergency
4 housing unit for site security,linked to the building permits for the related construction
5 activities (if applicable). The building permit shall require approval by the Building
6 Official and the Planning Director of a site plan indicating the location of the temporary
7 emergency housing unit on the parcel, consistent with the BOCC resolution, and a
8 Department of Health 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 (5) The temporary non-emergency housing unit for site security may remain on the site for
12 a period not to exceed the duration specified by the BOCC resolution, and may only be
13 extended at the discretion of the BOCC by an additional resolution.When considering a
14 an extension, the BOCC shall take into account the number of times a parcel has been
15 used for temporary non-emergency housing purposes for capital improvement projects
16 and shall consider compatibility, complications and other circumstances that may
17 require a site to be utilized for more than 365 consecutive days and public comment.
18 Nothing in this section shall prevent the county or any state or federal authority to
19 terminate without notice the authority to keep any temporary non-emergency housing
20 unit otherwise authorized under this section should it be deemed required for the public
21 safety.
22 (6) The only persons permitted to reside for any period in temporary non-emergency
23 housing for site security for a capital improvement project are individuals who are
24 gainfully employed in completing the capital improvement project. All residents of
25 temporary non-cmergency housing for site security who were not permanent residents 0.
26 of the county prior to first occupying such housing facilities will be required to evacuate
27 in accordance with local evacuation orders.Residents of any temporary non-emergency
28 housing who were permanent residents of the county prior to first occupying such
29 housing facilities may not remain in temporary non-emergency housing for site security
30 during any period when a Iocal evacuation order is in effect. N
31 (l}i) No clearing or filling of environmentally sensitive lands may occur as a result of providing
32 any type of temporary housing unit(s).
33 (ij) For all permitted temporary housing, upon expiration of relevant approvals and timeframes
34 expressly set forth in the relevant authorization, the temporary housing shall be removed.
35
36 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
37 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
38 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but
39 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
40 provision immediately involved in the controversy in which such judgment or decree shall be
41 rendered.
42
0rd''023 -2019
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I Section 3. Conflicting Provisions. All ordinances or parts of ordinances, in conflict with
2 this ordinance are hereby repealed to the extent of said conflict.
3
4 Section 4. Transmittal. This ordinance shall. be transmitted to the Florida State Land
5 Planning Agency as required by F,S, 380.05 (11) and F.S. 3WO552(9).
6
7 Section 5. Film gThis ordinance shall be filed in the Office of the Secretary of the State
8 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according
9 to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission
10 approving the ordinance, and if the final order is challenged, until the challenge to the order is
.2
11 resolved pursuant to F.S. Chapter 120. U)
12
13 Section 6. Inclusion in the Mo�nroe L2HHjX.Candle._T Xhe provisions of this Ordinance shall,
14 be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
15 addition to arnendirient thereto, and shall be appropriately renumbered to conform to the uniform .2
16 marking system of the Code.
17
18 Section 7. Effective Date. This ordinance shall become effective as provided by law and
19 stated above.
0
20 Z:
21 PASSED AND ADOPTED by the Board OfCOUnLy Commissioners, of Monroe County,
22 Florida, at a regular meeting held on the 19 thday of June ,201.9
23
24 Mayor Sylvia Mur hy, District 5 Yes E
p W
25 Mayor Pro Tern, Danny L. Kolhage, District .1. Yes 0.
E
26 Commissioner Michelle Coldiron, District 2 Y e s
27 Commissioner Heather Carruthers, District 3
X.C7
28 Commissioner David Rice, District 4
29 fri:73
CA,
30
31 rn
32 BOARD OF C NTY C"OMMI: ST NERS
33 OF MONRO ' C UN LORI.
34 0
35 B Y
36 Mayor Sylvia Murphy E
37
38
39 ATTE, KEVIN MADI OK, CLERK
40
L
41
MONROE COU,N�.�ATTORHEY=0VE01 At FOFRW.
42 DEPUTY CLERK
81 N,�!WT tl WILLIAMS
ASSISTANT Cj§!� ATTORNEY
Ord—..—.--.2019
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