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Item O6
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 10, 2014 Division: Growth Management Bulk Item: Yes,X No Department: Planning& Environmental Resources Staff Contact Person/Phone#: Christine Hurley, Ext. 2517 Joseph Haberman, Ext. 2532 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 is,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 is also proposing consistent amendments to establish criterion for temporary construction uses with a special permit in Section 6-3. Staff is also proposing consistent amendments related to the temporary structure provisions in Section 6-112 (however as this section is located in the Land Development Code, the statutory approval process is different). All amendments are ultimately decided upon by the BOCC. 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. 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 COST TO COUNTY: N/A SOURCE OF FUNDS:N/A REVENUE PRODUCING: Yes— No N/A AMOUNT PER MONTH N/A Year APPROVED BY: County Atty Y019A OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # 1 2 7 MONROE COUNTY,FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE NO. -2014 10 11 AN ORDINANCE BY 'THE MONROE COUNTY BOARD OF 12 COUNTY COMMISSIONERS AMENDING MONROE COUNTY 13 CODE SECTION 101-1, DEFINITIONS; AMENDING MONROE 14 COUNTY CODE SECTION 130-4, TEMPORARY EMERGENCY 15 HOUSING; ESTABLISHING MONROE COUNTY CODE 16 SECTION 130-5, TEMPORARY USES; ESTABLISHING 17 REGULATIONS CONCERNING TEMPORARY HOUSING 18 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 II; and 29 30 WHEREAS, temporary structures may be permitted in accordance with Monroe County 31 Code Section 6-112, 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 6-112 that addresses temporary structures; and 45 Page 1 of 12 1 WHEREAS, the Commission makes the following Conclusions of Law: 1) the 2 ordinance/text amendment is consistent with the Principles for Guiding Development in the 3 Florida Keys Area of Critical State Concern; 2) the ordinance/text amendment is consistent with 4 the provisions and intent of the Monroe County Comprehensive Plan; and 3) the ordinance/text 5 amendment is consistent with the provisions and intent of the Monroe County Code; and 6 7 WHEREAS, during a meeting held on July 30, 2013, the Monroe County Development 8 Review Committee reviewed the ordinance and recommended approval to the Board of County 9 Commissioners; and 10 11 WHEREAS, during public hearings held on September 25, 2013 and September 24, 2014, 12 the Monroe County Planning Commission reviewed the ordinance and recommended approval to 13 the Board of County Commissioners; 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF 16 COUNTY COMMISSIONERS: 17 18 Section 1. Section 101-1 of the Monroe County Code shall be amended as follows (deletions are 19 stiieken thfatt and additions are underlined): 20 21 Sec. 101-1.,Definitions. 22 23 The following words, terms and phrases, when used in this ehapter- Land Development Code, 24 shall have the meanings ascribed to them in this section, except where the context clearly 25 indicates a different meaning: 26 27 28 29 Capital improvements means the planning of, engineering for, acquisition of land or 30 equipment for, and the construction of improvements, including, but not limited to, road, 31 park, solid waste, water, wastewater treatment facilities and systems, library, public 32 buildings and emergency services, and police facilities, but does not include routine 33 maintenance. 34 35 36 37 Public assembl y means a t3Te of teMorga use that is attended by members of the 38 izeneral public, with or without an admission charge, when the duration of the event is 39 less than seven consecutive days and/or the anticipated daily attendance is expected to 40 exceed 250 persons. 41 42 43 44 Recreational vehicle means a vehiele er-peftable stmetwe built en a ehassis arA designed 45 as a dwelling fer- tf-avel, r-eer-eafien or- vaeeAiefll the same as that term is defined in F.S. § 46 320.01 for- tenaneies ef less th . I . . h has a tfanspeftable body -,Aidth not Page 2 of 12 I ; and whieh does net qualify as 2 mebile hemej and--. The following applies to recreational vehicles in the co": 3 4 (1) Excluding temporary housing as set forth in section 130-4,the tenancy of an occupied 5 recreational vehicle upon a lawful recreational vehicle space shall be less than six 6 mono 7 (2)2 , The tnwel tFailer or park tFai recreational vehicle has been placed on a lawful 8 recreational vehicle space within a recreational vehicle park, del t.aile.. park, 9 campground, or otherwise approved area, or within a storage yeEd area; 10 (2) (D The recreational vehicle has current licenses required 11 for highway travel; and 12 (3) (4) The recreational vehicle is highway ready. This means 13 that the recreational vehicle, including any travel trailer or park trailer., is on its 14 wheels or internal jacking system and attached to this site only by the quick 15 disconnect-type utilities commonly used in recreational vehicle parks and 16 campgrounds and#aitler p or by security devices. No permanent additions such as 17 state rooms shall be permitted. 18 19 20 21 Temporary uses inel„de these means uses that are required for a defined period of time 22 during sere the construction phase of permitted development (including, but not 23 limited to equipment storage material storage, construction/safety fencing and office 24 trailers), capital improvements, and uses that are uniquely seasonal in nature; (including 25 but not limited to, up blic 26 assemblies holiday-related outdoor events such as Christmas tree and pumpkin sales, 27 temporary emergency shelters, concerts carnivals art shows seminars and other 28 educational events, and tent meetings). 29 30 31 32 Section 2. Section 130-4 of the Monroe County Code shall be amended as follows (deletions are 33 strieken Offeug and additions are underlined): 34 35 See. 130-4. Temporary emergeney housing. 36 37 (a) Definitions. The following words,terms and phrases, when used in this section, shall have 38 the meanings ascribed to them in this subsection, except where the context clearly 39 indicates a different meaning: 40 41 Recreational vehicles fM means the same as that term is defined in F.S. § 320.01. 42 43 Temporary emergency housing means recreational vehicles (or similar approved 44 sheltering units) used for temporary occupancy in response to natural or manmade 45 disasters, including, but not limited to, hurricanes and tropical storms, where such Page 3 of 12 I ,.°meat.ena vehi lee RVs or simdl other approved sheltering units) are provided to 2 residents or relief workers as part of emergency relief efforts. 3 4 Temporary non-emergency housing means RVs (or other approved sheltering units) used 5 for temporary occupancy by employees in order to provide project site security for a 6 long-term capital improvement project or to avoid delay in completing ongoing or future 7 airport safety and capacity improvements. 8 9 (b) Purpose. It is the purpose of this section to provide regulations that allow for the 10 relaxation of the use prohibitions in article M ef-this chapter 130, Land Use Districts and 11 chapter 138, Rate of Growth Restrictions (ROGO/NROGO), to: 12 (1) Provide regulatory authority to allow A4lew temporary emergency housing 13 subject to the ROGO permit allocation sum, for temporary occupancy by residents 14 displaced by during the „ ~gd from -a natural or manmade disaster damage; 15 or by relief workers 16 involved in reconstruction activities following a natural or manmade disaster; 17 (2) Provide regulatory authority to allow temporary non-emergency housing not subject 18 to the ROGO permit allocation system, for temporary occupancy by workers 19 undertaking; a long-term capital improvement project to provide site security for the 20 capital improvement project site or to avoid A-veid delay in completing engsing-er 21 Fairport safety and capacity improvements on county-owned airport properties.; 22 and 23 24 25 , state eF 27 28 (c) Placement of s #e R V �r similar sheltering units)for temporary emergency housing 29 on single family h4s parcels. Notwithstanding the provisions of t#is-chapter 130, Land 30 Use Districts and chapter 138 Rate of Growth Restrictions ROGO/NROGO), 31 temporary_emergency housing (er- simile& she tefin g ' ,,:53) may be 32 placed on a single-family let parcel for temporary occupancy by tenants residents of the 33 same parcel who have been displaced by natural or manmade disaster damage, to the 34 lav& ly established dwelling unk on the lot subject to the following conditions: 35 (1) The dwelling unit on the subject parcel is lawfully established and has incurred 36 sufficient damage from the disaster to make the dwelling unit uninhabitable as 37 determined by verifiable photographic evidence provided by the applicant to the 38 building department and/or an inspection by an official from a federal or state 39 governmental relief agency, the county building department or the county code 40 eefen compliance department; 41 (2) A building permit is must be issued within 90 days of placement of the temporary 42 emergency housing for repair of damages caused by the casualty event to make the 43r-esideatial welling unit structure habitable 44 45 (3) A separate no-fee building permit must be issued for the placement Plaeemet of the 46 temporary Page 4 of 12 1 emergency housing, linked to the building permit issued for easualty damage repair. 2 The building_permit; shall require, , approval by the building 3 official of it's the unit's siting location on the lot parcel and a department of health 4 permit authorizing the connection of the unit)-to an on-site 5 wastewater treatment and disposal system or to an existing community wastewater 6 treatment system; 7 (4) Only one teMporga emergency housing unit shall be placed per single family parcel-, 8 and The size ef the RX (or- similar sheltering unit) te be plaeed on the let shall be 9 > 10 eigh+f et_n . rdt and 42 feet _n length, if self pr-o„elled; .� -.. ..cam.. ... _. .._.-- r=�.r_,..-,�, 11 (5) The temporary emergency housing unit)-shall may remain 12 on the property for a period not to exceed 1.80 days from the date of building permit 13 issuance or until the final inspection or certificate of occupancy is issued on the 14 repairs made to the residential dwelling unit, whichever comes first. '"ta.., t,,.t :n M 15 16 17 A single 18 extension 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 an extension and that the 20 temporary emergency housing RV (or- siffiile& sheltering 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. Expiration of the building_permit for damage repairs shall 23 require immediate removal of the temporary emergency housing unit from the site. 24 However, nothing in this section shall prevent the county or any state or federal 25 authority to terminate without notice the authority to keep any temporary emergency 26 housing R-Vs (or ..:.,..ilar sheRef n^ units) otherwise authorized under this section 27 should it be deemed required for the public safety. 28 29 (d) Placement of RV-s (or s-im-il^r Sheltering un''-` fop temporary emergency housing on 30 nonresidential properties. Notwithstanding the provisions of dAs-chapter 130, Land Use 31 Districts and chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary 32 emergency housing may be temper-arily 33 placed on a nonresidential or mixed-use property or 34 n publicly-owned lands, excluding lands designated 35 for conservation and resource protection for temporaa occupancy by,,u se county 36 residents displaced by natural or manmade disaster damage, subject to the folllowin 37 conditions: 38 39 (1) A no-fee building permit must be issued for the placement of the temporary 40 emergency housing unit's). The building permit shall require approval by the building 41 official and the planning director of a site plan indicating the location of the 42 temporM emergency housing units on the parcel, and a department of health permit 43 authorizing the connection of the unit(s) to an on-site wastewater treatment and 44 disposal s stems or to an existing community wastewater treatmentsystem: and 45 Page 5 of 12 1 er- easualty event and/er- disaster reeavery weEker-s. The size of the RVs (or- sim 2 sheltering units) to be temperafily plaeed shall be in aecer-danee with subse 3 (e)(4) „f ,.this see-tie., ne,.w,a++;ag „ ral of the +,,,,..per-.,.... ..i.,,.e., ent f R-Vs (er- iri{..1i4 Vi 1\�J `Vi 4 similEff sheltering units) shall require subrpAttal of a ne fee penFA4 appheatien to thee 5 building depaAment to be approved by the building effleial, 6 7 , 8 9 shall net exeeed 180 days from the date of the final inspeetion v4thetA a vaitten 10 11representative's 12 deteFminatien 13 (2) The temporgU emergency housing unit(s) may remain on the property for a period 14 not to exceed 180 days from the date of building permit issuance. A single extension 15 of up to an additional 180 days may be granted by the building official if he 16 determines that good cause has been shown for the need for the extension and that the 17 temporary emergency housing R-V (or- .,;,,,ilar sheltering unit)is adequately tied down 18 and secured so as not to present an undue hazard to persons or property in a high- 19 wind or flood event. However, nothing in this section shall prevent the county or any 20 state or federal authority to terminate without notice the authority to keep any 21 temporary emergency housing units) otherwise authorized 22 under this section should it be deemed required for the public safety. 23 24 (e) Placement of temporga emergency housing or emervency re lie workers. 25 Notwithstanding the provisions of cha ter 130 Land Use Districts and chapter 138 Rate 26 of Growth Restrictions (ROGO/NROGO), temporary emergency housing maybe 27 provided for temporary occupancy by emergency relief workers involved in 28 reconstruction activities, subject to the following conditions: 29 (1) An emergency directive or resolution of the BOCC must be issued authorizing the 30 placement and duration of the temporary emergency housing for relief workers; 31 (2) Placement of temporary emergency housing for relief workers must not impede or 32 interfere with other emergency and recovery operations or public safety, 33 (3) 'Temporga recoveKy or reconstruction housing facilities shall ensure that tem or 34 electrical and sewage lines do not constitute an attractive nuisance to children or 35 homeless persons in the area (i.e., sufficient temporary fencing may be required by 36 the building official); 37 4 A no-fee building permit must be issued for the placement of the tem or 38 emergency housingunit(s). The building_permit shall require approval by the building 39 official and the planning_director of a site plan indicating the location of the 40 temporar, emergency housing units on the parcel, consistent with the BOCC 41 resolution and a department of health permit authorizing the connection of the unit(s) 42 to an on-site wastewater treatment and disposal s s�(s) or to an existing 43 community wastewater treatment system, 44 (5) Any required demolition or building permits for the related reconstruction activities 45 must be issued within 90 days from the placement of the temporary emergency 46 housing for relief workers; Page 6 of 12 1 6 The temporga emergency housing units mgy remain on the site fora period not to 2 exceed the duration specified by the BOCC resolution, and may only be extended at 3 the discretion of the BOCC by an additional resolution, However, nothing in this 4 section shall prevent the county or any state or federal authority to terminate without 5 notice the authority to keep any temporary emergency housing unit otherwise 6 authorized under this section should it be deemed required for the public safety, 7 7 The only persons permitted to reside for an period in teWorM emergency housing 8 for relief workers are individuals who are gainfully emplo end on a fulltime basis in 9 completing cleanup and reconstruction efforts following a natural or manmade 10 disaster. All residents of temporary emergency housing for relief workers who were 11 not permanent residents of the county prior to first occupying such housing facilities 12 will be required to evacuate in accordance with local evacuation orders. Residents of 13 any temporary emergency housing for relief workers who were permanent residents 14 of the county prior to first occupying such housing facilities m4y not remain in 15 temporary emergency housing for relief workers during any period when a local 16 evacuation order is in effect. 17 18 (f) Placement of temporary non-emergency housing 19 for 20 contractors on county-owned airport 21 properties. Notwithstanding the provisions of ems-chapter 130 Land Use Districts and 22 chapter 138 Rate of Growth Restrictions (ROGO/NRO�GO), temporary non-emergency 23 housing may be 24 placed on county-owned airport properties for temporary occupancy by contractors 25 completing airport safety and capacity improvements subject to the following conditions: 26 (1) A no-fee building permitmust be issued for placement of the temporary non- 27 emergency housing units and linked to existing airport construction permits. The 28 building permit shall require approval by the building official and the planning 29 director of a site plan indicatiniz the location of the tern or non-emergency non-emergengy housing 30 unit(s) on the parcel and a department of health permit authorizing the connection of 31 the units to an on-site wastewater treatment and disposal s stems or to an existing 32 communily wastewater treatmentsystem. All units shall be adequately tied down; 33 Q Placement of temporary non-emergency housing for airport construction purposes 34 heusing-€ads must not impede or interfere with aviation operations or safety and 35 must conform to any applicable FAA regulations; 36 37 38 39 , 40 , 41 42 43 44 or to an existing 45 (4) Temper-ary air-port eanstmetien housing faeilities shall easufe dh-M temp 46 eileetrical and sewage lines do net eensfitute an attraefive nuisanee to rehildr-en Of Page 7 of 12 I homeless per-sens in the area (i.e., suffieient temper-ey fefteing may be required by 2 the building S 3 M (3) Temporary non-emergency housing airport construction purposes hem 4 f6ei-lities shall remain on the property for a period not to exceed 30 days from the date 5 of completion of the related airport construction work, unless extended by resolution 6 of the BOCC. However, nothing in this section shall 7 prevent the coLj= or an state or federal authori'y to terminate without notice the 8 authority to keep any temporary non-emergency housing unit otherwise authorized 9 under this section should it be deemed required for the public safety; and 10 (4) (6) The only persons permitted to reside for any period in temporary non-emergency 11 housing units for airport construction pumoses housing faci are individuals who 12 while in the county are actually gainfully employed on a fulltime basis in completing 13 airport safety and capacity improvements at a county airport. All residents or 14 occupants of temporary airport construction housing facilities must be required to 15 timely evacuate in accordance with local evacuation orders. 16 17 (g) Placement of temporary non-emergency housing to provide site security for capital 18 improvement projects Notwithstanding the provisions of chapter 130 Land Use 19 Districts and chapter 138, Rate of Growth Restrictions (ROGO/NROGO) temporga 20 non-emergency housing for temporary occupancy by workers undertaking a long-term 21 capital improvement project may be provided in order to provide site security for the 22 project site subject to the following conditions: 23 (1) A resolution of the BOCC must be issued authorizing the placement of a temporaa 24 non-emergency housing unit for site security. The resolution shall specify the location 25 (placement of the unit at the project site and the duration of the temporm housing 26 unit, not to exceed 180 days No more than one temporary non-emergency housing 27 unit shall be approved per project site; 28 (2) Placement of a temporary non-emergency housing unit for site security must not 29 impede or interfere with public safety: 30 (3) The purpose of the temporary non-emergency housing unit shall be to provide 31 security for the project site; 32 (4) A no-fee building permit must be issued for the placement of the temporary non- 33 emergency housinp, unit for site security, linked to the building permits for the related 34 construction activities if applicable). The building permit shall require gpDroval b 35 the building official and the planning director of a site plan indicating the location of 36 the temporary emergency housing unit on the parcel, consistent with the BOCC 37 resolution and a department of health permit authorizing the connection of the unit to 38 an on-site wastewater treatment and disposal system or to an existing communit 39 wastewater treatment system; 40 (5) The temporary non-emergency housing unit for site securityay remain on the site 41 fora period not to exceed the duration specified by the BOCC resolution and may 42 only be extended at the discretion of the BOCC by an additional resolution; however, 43 nothing in this section shall prevent the co1.DV or any state or federal authority to 44 terminate without notice the authority to keep any temporary non-emergency housing 45 unit otherwise authorized under this section should it be deemed required for the 46 public safety. Page 8 of 12 1 (6) The only persons permitted to reside for any period in temporary non-emergency 2 housing for site security for a capital improvement project are individuals who are 3 gainfully employed in completing the capital improvement project. All residents of 4 temporary non-emergency housing for site security who were not permanent residents 5 of the county prior to first occupying such housing facilities will be required to 6 evacuate in accordance with local evacuation orders. Residents of gny tem or non- 7 emergency housing who were permanent residents of the county prior to first 8 occupying such housing facilities may not remain in temporary non-emergency 9 housing for site security during any period when a local evacuation order is in effect. 10 11 No clearing or filling of environmentally sensitive lands may occur as a result of 12 providing any=e of temporary housing unit(s). 13 14 6) For all permitted temporary housing, upon expiration of relevant approvals and 15 timeframes expressly set forth in the relevant authorization, the temporary housing shall 16 be removed. 17 18 , 19 20 werker housing.-, , 21 22 prepei4y m4thin the eounty for temporary oreupancy by workers orcupied in response to 23 24 following e0nditions.. 25 26 autherizing the- lae 27 facilities; 28 (2) Placement of temporary r-eeever-y or-r-eeenstraetion housing fimilities must not imped-e 29 ; 30 31 and pr-evide for- pr-eP „lid rite disposal, d where used--te—house ,,,ker-s 32 , shall require a no fee building PeFfflit linked 33 . 34 35 36 37 38 approved site. Prior- to the issuance of ne,fee building permits fbr- any temper-ary 39 reeevery or reeonstraefien housing feeilities, the eewity building effleial shall 40 41 ether- authorize 4he—eemteetien of the 42 housing faeilities to an en site wastewater treatment and dispesEd system or- te 43 ; 44 (4) No elearing or filling of efwifenmeatally sensitive lands may oeeuf as a result e 45 ; Page 9 of 12 1 2 3 beltss wens-in the (i.e., 4 the building effieieQ; (6) Temporary reeevery er r-eeenstraefieft housing faefli4ies sha4l remain in p1me only fer- 6 7 , the building effleial may 8 ex4eRd the allowed plaeement ene or- mere fimes for- a cumulative per-ied not to 9 emeeed 180 days, and m4th r-espeet to one er- more, of all pemitted sites, the board of 10 expedienty v rr eve v r-, in this se on 12 shall prevent the eeun�y er- afty s4ate er- federal authority to terminate m4heut a 13 14 this seefieff should k be deemed required Fer the publie safety; and 15 16 17 18 of its fellev.iffig a nat al o- -- --n ede disaster, All dents ofte.,...,,.,.,,Fy o r 19 20 21 22 23 24 reeonswaetion housing f6eilities during aRy period when a 25 ef€eet. 26 27 28 29 Section 3. Section 130-5 of the Monroe County Code shall be established as follows (deletions 30 are strieken tkough and additions are underlined): 31 32 Sec. 130-5. Temporary uses. 33 34 (a) Aplicability. If not already provided for as a permitted use by the Land Development 35 Code a temporM use is a permitted use in any land use zoning districtprovided it 36 meets the criteria set forth in this section. This section shall not override or substitute for 37 ny other section of this Land Development Code that requires another type of permit, 38 certification or approval. 39 40 (b) Temporary uses other than public assemblies and tempora construction sta in areas. 41 A royal of a tem or use that is not defined as a ublic assembl in section lal-1 or 42 categorized as a temporya construction staging steging area pursuant to section 6-3 shall be 43 granted one if the following criteria are met: 44 (1) Prior to establishment of the temporn use, a special building permit approving the 45 tempoLaU use and any associated tcmporya structures shall be issued in accordance 46 with this section and section 6-112• Page 10 of 12 1 2 No clearing or filling of environinentally sensitive lands shall occur to accommodate 2 the temporary use; 3 (3) The temporary use shall not occur in any required setback or required parking area; 4 and 5 (4) The temporary use shall be compatible with existing uses on surrounding properties, 6 as determined by the planning director. If necessary prior to issuance of a special 7 building permit allowing the teMporgy use the planning director m!!Y require a 8 meeting with the applicant the planning director or his/her designee buildin 9 official or his/her designee), the sheriff or his/her designee), the fire chief or his/her 10 desi nee) and/or a representative of the county health department to negotiate 11 mutually„satisfactory conditions under which the temporary use may be approved to 12 avoid substantial harm to the public health or safely and to minimize or to avoid 13 substantial harm to or impairment of the normal use of, a public place or to avoid 14 substantial harm to the environment. Dmendinp, on the nature and anticipated 15 duration of the tempoM use as a condition of approval to the special building 16 permit, the planning director and building official reserve the right to: 17 a Require fencing,landscaping_and/or other screening to limit potential visual and 18 noise impacts of the temporary use on adjacent property owners; and 19 b. Require full compliance with the surface water management provisions provided 20 in chapter 114 article I and the bufferyard provisions provided in cha ter 114 21 article V. 22 23 (c) Public assemblies A public assembly is a type of temporary use that is attended by 24 members of the general public, with or without an admission char a when the duration 25 of the event is less than seven consecutive days and/or the anticipated daily attendance is 26 expected to exceed 250 persons Approval of a public assembly shall be granted in 27 accordance with the provisions set forth in chapter 17 article II Public Assembly 28 Permits. 29 30 31 32 Section 4. Sev�erabiIitY. 33 � 34 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be 35 adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, 36 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be 37 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately 38 involved in the controversy in which such judgment or decree shall be rendered. 39 40 41 Section 5. Conflicting Provisions. 42 43 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the 44 extent of said conflict. 45 46 Page 11 of 12 I Section 6. Transmittal. 2 3 This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S. 4 3 80.0 5 (11) and F.S. 380.0552(9). 5 6 Section 7. Filing. 7 8 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not 9 become effective pursuant to Section 9 until a final order is issued according to F.S. 380.05(6) by 10 the Florida State Land Planning Agency or Administration Commission approving the ordinance, 11 and if the final order is challenged, until the challenge to the order is resolved pursuant to F.S. 12 Chapter 120. 13 14 Section 8. Inclusion in the Monroe County Code. 15 16 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances 17 of the County of Monroe, Florida, as an addition to amendment thereto, and shall be 18 appropriately renumbered to conform to the uniform marking system of the Code. 19 20 Section 9. Effective Date. 21 22 This ordinance shall become effective as provided by law and stated above. This ordinance 23 applies to any applicable application submitted after the effective date. 24 25 26 PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of 27 Monroe County, Florida, at a regular meeting held on the 21"of January, 2015. 28 29 Mayor Danny L. Kolhage 30 Mayor pro tem Heather Carruthers 31 Commissioner Sylvia Murphy 32 Commissioner George Neugent 33 Commissioner David Rice 34 35 BOARD OF COUNTY COMMISSIONERS 36 OF MONROE COUNTY, FLORIDA 37 38 BY: 39 Mayor Danny L. Kolhage 40 (SEAL) 41 ATTEST: AMY HEAVILIN, CLERK 42 MOOE COUNTY ATTORNEY 43 A O D A FORM: 44 Deputy Clerk STEVEN T. vwr�tti.ys DateIS/I a I U I'TY ATTORNEY Page 12 of 12 mvi i Kll MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RE'SOURCEs 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: November 21, 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 HO USING; ESTABLISHING MONROE COUNTY CODE SECTION 130-5, TEMPORARY USES; ESTABLISHING REGULATIONS CONCERNING TEMPORARY HOUSING ASSOCIATED WITH CAPITAL IMPROVEMENT PROJECTS, ESTABLISHING REGULATIONS CONCERNING TEMPORARY USES IN THE LAND DEVELOPMENT 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: December 10, 2014 1 2 1 REQUEST 3 4 The Planning & Environmental Resources Department is proposing amendments to the text 5 of §101-1, §130-04 and §130-05 of the Monroe County Code (MCC). The purposes of the 6 proposed amendment are a)to establish regulations concerning temporary housing associated 7 with federal, state and local public works projects; b) to clarify what types of temporary uses 8 can be approved, as well as the criteria thereto; and c) to reference the approval process for 9 public assemblies in the Land Development Code. 10 11 II RELEVANT PRIOR COUNTY ACTIONS: 12 13 During a meeting held on July 30, 2013, the Monroe County Development Review 14 Committee reviewed the ordinance and recommended approval to the BOCC. 15 16 During public hearings held on September 25, 2013 and September 24, 2014, the Monroe 17 County Planning Commission reviewed the ordinance and recommended approval to the 18 BOCC. 19 Page 1 of 13(File#2013-087) I On April 23, 2014, the BOCC reviewed and discussed the issues of temporary housing and 2 uses during the public meetings concerning the comprehensive plan update. The BOCC 3 directed staff to make some changes to the existing provisions related to temporary housing. 4 5 III REVIEW 6 7 Temporary uses are defined within MCC §101-1; however despite being defined, there is no 8 approval process provided in the MCC (part I or part II): 9 10 See. 101-1. Definitions. 11 12 13 14 Temporary uses include those uses that are required for a period certain in the 15 construction phase of development, are uniquely seasonal in nature, including other 16 activities of a similar nature such as Christmas tree sales, temporary emergency shelters, 17 concerts, carnivals and tent meetings. 18 19 Temporary structures may be permitted in accordance with MCC §6-112, which is located in 20 part I of the MCC (Chapter 6 pertains to Buildings and Construction). The approval of 21 temporary uses is referenced in MCC §6-112, but it does not provide a specific process or 22 review criterion. It has been interpreted that a temporary use may be permitted with a 23 temporary structure; however this interpretation does not capture all scenarios in that some 24 temporary uses do not require temporary structures. 25 26 Sec. 6-112. Temporary structures. 27 28 The building official may issue a special building permit for a limited time of not more 29 than six months for the erection of temporary structures such as construction sheds, 30 trailers, seats, canopies, tents, and fences used in construction work or for temporary uses 31 and events. Any such permit for temporary nonconstruction uses shall require prior 32 approval of the planning director to ensure compliance with part II of this Code. Any 33 structures shall be completely removed upon expiration of the time stated in the permit. 34 35 Staff is proposing to create such a clearly defined approval process for temporary uses, as 36 well as criteria for such temporary uses. 37 38 Staff is also proposing consistent amendments to MCC §6-112; however as this section is not 39 located in the Land Development Code (part II of the MCC)„ its approval process is different 40 and the ordinance is only formally reviewed by the BOCC. As of the date of this report, the 41 following amendments are proposed: 42 43 The building official may issue a special building permit for a limited time of not more 44 than six months for the erection of temporary structures, including not limited to sWh 45 as eenstFuet sheds, trailers, seats, canopies, tents, and fences used in construction work 46 or for temporary uses and events. Any such permit for temporary neneenstfue uses Page 2 of 13(File#2013-087) I shall 2 thiq Cne be in compliance with this section and the provisions of the Land Develo ment 3 Code specifically section 130-5. Any structures shall be completely removed upon 4 expiration of the time stated in the permit which shall be the minimum amount of time 5 necesspM to accommodate the temporary use. In the event a temporary structure is 6 required for more than six months for a construction-related project, the applicant shall 7 @Vply for a new special building permit prior to the expiration of the original building 8 permit. 9 10 Staff is also proposing to create an approval process for temporary housing associated with 11 temporary uses related to capital improvement projects. As defined in MCC §101-1, capital 12 improvements means the planning of, engineering for, acquisition of land or equipment, and 13 the construction of improvements, including, but not limited to, road, park, solid waste, 14 library, public buildings and emergency services, and police facilities, but does not include 15 routine maintenance. Such temporary housing could be approved by the BOCC, similar to 16 that already allowed for airport projects. 17 18 In addition, staff is proposing a reference to the existing provisions related to public 19 assembly permits. The planning director has the responsibility of issuing public assembly 20 permits. However, the provisions are currently located in Chapter 17, a chapter for 21 "miscellaneous" provisions that is located outside of the Land Development Code. 22 23 Therefore, staff recommends the following changes (Deletions are strieken--thr and 24 additions are underlined. Text to remain the same is in black): 25 26 Sec. 101-1.Definitions. 27 28 The following words, terms and phrases, when used in this chapter Land Development Code, 29 shall have the meanings ascribed to them in this section, except where the context clearly 30 indicates a different meaning: 31 32 33 34 Capital improvements means the planning of, engineering for, acquisition of land or 35 equipment for, and the construction of improvements, including, but not limited to, road, 36 park, solid waste, water, wastewater treatment facilities and systems, library, public 37 buildings and emergency services, and police facilities, but does not include routine 38 maintenance. 39 40 41 42 Public assembly means a We of temnorga use that is attended by members of the 43 general public with or without an admission charge when the duration of the event is 44 less than seven consecutive days and/or the anticipated daily attendance is expected to 45 exceed 250 persons. 46 Page 3 of 13(File#2013-087) 2 3 Recreational vehicle means 4 the same as that term is defined in F.S. 5 320.01 fer tenaneies of less than siv, menths. vNell has a transportable body Aidth net emeeeding eight feet and a length not emeeeding 35 feet; and whieh does not qualify as 7 :. The followinp,applies to recreational vehicles in the coup : 8 9 1 Excluding temporary housing as set forth in section 130-4 the tenancy of an occu ied 10 recreational vehicle upon a lawful recreational vehicle space shall be less than six 11 months; and 12 (-1-} Q The recreational vehicle has been placed on a lawful 13 recreational vehicle space within a recreational vehicle park, tnwel trailer=-park, 14 campground, or otherwise approved area,or within a storage 3eFd area; 15 (2� Q The recreational vehicle has current licenses required 16 for highway travel; and 17 (4) �41 The recreational vehicle is highway ready. This means 18 that the recreational vehicle, including any travel trailer or park trailer, is on its 19 wheels or internal jacking system and attached to this site only by the quick 20 disconnect-type utilities commonly used in recreational vehicle parks and 21 campgrounds and tfailerp s or by security devices.No permanent additions such as 22 state rooms shall be permitted. 23 24 25 26 Temporary uses inebade these means uses that are required for a defined period of time 27 during eertein in the construction phase of permitted development (including,bbut not 28 limited to, equipment storage, material storage, construction/safety fencing and office 29 trailers �, capital improvements„ and uses that are uniquely seasonal in nature; (including 30 but not limited to up blic 31 assemblies, holiday-related outdoor events such as Christmas tree and pumpkin sales, 32 temporary emergency shelters, concerts carnivals art shows seminars and other 33 educational events, and tent meetings). 34 35 36 37 Sec. 1304. Temporary emeFgeney housing. 38 39 (a)Definitions. The following words, terms and phrases, when used in this section, shall have 40 the meanings ascribed to them in this subsection, except where the context clearly 41 indicates a different meaning: 42 43 Recreational vehicles(RV)means the same as that term is defined in F.S. § 320.01. 44 45 Temporary emergency housing means recreational vehicles (or similar approved 46 sheltering units) used for temporary occupancy in response to natural or manmade Page 4 of 13(File#2013-087) 1 disasters, including, but not limited to, hurricanes and tropical storms, where such 2 RVs (or sifail other approved sheltering units) are provided to 3 residents or relief workers as part of emergency relief efforts. 4 5 Temporary non-emergency housing means RVs (or other approved sheltering units) used 6 for temporga occLipancy by employees in order to provide project site secildv for a 7 long-term capital improvement project or to avoid delay in completing ongoing or future 8 giMort safety and capacity improvements. 9 10 (b) Purpose. It is the purpose of this section to provide regulations that allow for the 11 relaxation of the use prohibitions in m4iele M of chapter 130, Land Use Districts, and 12 chapter 138 Rate of Growth Restrictions (ROGO/NROGO), to: 13 (1) Provide regulatory authorily to allow dery temporary emergency housing 14 subject to the ROGO permit allocation system, for temporary occupancy by residents 15 displaced by natural or manmade disaster damage; 16 ineluding, but not liraited te, or by relief workers 17 involved in reconstruction activities following a natural or manmade disaster; 18 (2) Provide regulatory authority to allow temporary non-emergency housing not subject 19 to the ROGO permit allocation system, for temporary occupancy by workers 20 undertaking a long-term capital improvement project to provide site security for the 21 capital improvement project site or to avoid Avoid delay in completing enge. g -er 22 Fairport safety and capacity improvements on county-owned airport properties.# 23 and 24 25 26 27 28 29 (c) Placement of..in# R V-s (or similar sheltering unk;g) or temporary emergency housing 30 on single family lo�s parcels. Notwithstanding the provisions of th}s-chapter 130, Land 31 Use Districts and cha ter 138 Rate of Growth Restrictions ROGO/NROGO , 32 temporary emergency housing may be 33 placed on a single-family lot parcel for temporary occupancy by tenants residents of the 34 same parcel who have been displaced by natural or manmade disaster damage, to the 35 l.,,,,ially established dwelling„p;+en he 4o+_subject to the following conditions: 36 (1) The dwelling unit on the subject parcel is lawfully established and has incurred 37 sufficient damage from the disaster to make the dwelling unit uninhabitable as 38 determined by verifiable photographic evidence provided by the applicant to the 39 building department and/or an inspection by an official from a federal or state 40 governmental relief agency, the county building department or the county code 41 errfereement compliance department; 42 (2) A building permit is must be issued within 90 days of placement of the tempo ar 43 emergency housing for repair of damages caused by the casualty event to make the 44 residential-dwelling unit stpaetwe habitable no fewer-than on days from ..laeemen+of Page 5 of 13(File#2013-087) 1 (3) A separate, no-fee building permit must be issued for the placement Plaeemea of the 2 p:'(or similar shel-ta,ing unit) shall require ., o fee building pe...,;+ temporary 3 emergency housing, linked to the building permit issued for eases damage repair. 4 The building permit-,-that shall require, pFier te its issuanee, approval by the building 5 official of it the unit's siting location on the lot parcel and a department of health 6 permit authorizing the connection of the RV (or- similar- shelter-in unit)-to an on-site 7 wastewater treatment and disposal system or to an existing community wastewater 8 treatment system; 9 (4) Only one temporary emergency housing unit shall be placed per single family parcel, 10 and The size of the RX (or similar- sheltering unit) to be plaeed on the lot shall be 11 limited to eight feet in YAdth and 32 feet in length, if laeldng self pr-epulsiea, 12 eight feet. idt ma 42 feet, length, if self propelled; 13 (5) The temporary emergency housing RV (or .,;..,ilar sheltering unit) May remain 14 on the property for a period not to exceed 180 days from the date of building permit 15 issuance or until the final inspection or certificate of occupancy is issued on the 16 repairs made to the residential dwelling unit, whichever comes first. Wer;but in ne 17 ease more than 180 days frem the date of pemik issuanee v4theut a vffitten em4ensie 18 19 A single 20 extension of up to an additional 180 days may be granted by the building official if he 21 determines that good cause has been shown for the need for an extension and that the 22 temporM emergency housing unit) 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, Expiration of the building_permit for damage repairs shall 25 require immediate removal of the temporM emergency housing unit from the site. 26 However, nothing in this section shall prevent the county or any state or federal 27 authority to terminate without notice the authority to keep any temporary emergency 28 housing units) otherwise authorized under this section 29 should it be deemed required for the public safety. 30 31 (d) Placement of RV-s (or .,;..,ikh .t, -eri g unit) fi r temporary emergency housing on 32 nonresidential properties. Notwithstanding the provisions of this-chapter 130, Land Use 33 Districts, and chapter 138, Date of Growth Restrictions (ROGO/NROGO), temporary 34 emergency housing e e or mere RVs (or- similar- sheltering urAts) may be temporarily 35 placed on a nonresidential or mixed-use property or by pefmh on propeAi 36 nenresidefitial land use dist6ets ead on publicly-owned lands, excluding lands designated 37 for conservation and resource protection for temporary occupancy by, *—tee county 38 residents displaced by natural or manmade disaster damage, subject to the folllowin� 39 conditions: 40 41 (1) A no-fee building_permit must be issued for the placement of the temporaa 42 emergency housing units . The building permit shall require approval by the building 43 official and the planning director of a. site plan indicating the location of the 44 temporary emergency housing unit(s) on the parcel, and a department of health permit 45 authorizing the connection of the unit(s) to an on-site wastewater treatment and 46 disposal system(s) or to an existing community wastewater treatment system; and Page 6 of 13(File#2013-087) 1 2 or easualtyaand/or disaster meeyer-y worker) '44ie size of the UVs (e similff 3 sheltering s)to be temper-arily-placed-shall-be-in-aeeordanee ..a+h, ubse 4 5 similar- shehering units) shall require subrniaal of a ne fee pefmit applieatien to thee 6 7 puFsuafA to mquiremei#s established by the building effleial. Upon final inspecAien by 8 the builder-offieial of-she-temporary eenstruefien gr-anted by the--pert; 9 10 11 12 ' 13 de+e,..,.,inatiEm 14 .(2) The temporary emergency housing unit(s) may remain on the property for a period 15 not to exceed 180 days from the date of building permit issuance. A single extension 16 of up to an additional 180 days mgy be granted by the building official if he 17 determines that good cause has been shown for the need for the extension and that the 18 temporary emergency housing unit)is adequately tied down 19 and secured so as not to present an undue hazard to persons or property in a high- 20 wind or flood event. However, nothing in this section shall prevent the county or any 21 state or federal authority to terminate without notice the authority to keep any 22 temporary emergency housing units) otherwise authorized 23 under this section should it be deemed required for the public safety. 24 25 (e) Placement of temporary emergency housing for emergency relief workers. 26 Notwithstanding the provisions of chapter 130 Land Use Districts and chapter 138, Rate 27 of Growth Restrictions (ROGO/NROGO) temporary emergency housing maye 28 provided for teWoLaa occgVancy by emergency relief workers involved in 29 reconstruction activities, subject to the following conditions: 30 1 An emergency directive or resolution of the BOCC must be issued authorizing the 31 placement and duration of the temporary emergency housing for relief workers; 32 (2) Placement of temporary emergency housing for relief workers must not impede or 33 interfere with other emergency and recovery operations or public safety; 34 (3) Temporary, recovery or reconstruction housing facilities shall ensure that temporary 35 electrical and sewage lines do not constitute an attractive nuisance to children or 36 homeless persons in the area (i.e., sufficient temporary fencing maybe required by 37 the building official); 38 (4) A no-fee building permit must be issued for the placement of the temporary 39 emergency housing unit(s) The building permit shall require approval by the building 40 official and the planning director of a site plan indicating the location of the 41 temporary emergency housing t(s) on the parcel consistent with the BOCC 42 resolution and a department of health permit authorizing the connection of the units) 43 to an on-site wastewater treatment and disposal s stems or to an existing 44 community wastewater treatment system; Page 7 of 13(File#2013-087) 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 tem or emergency 3 housing for relief workers, 4 6 The temporga emergency housing units mgy remain on the site fora period not to 5 exceed the duration specified by the BOCC resolution and maynly 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 to keep any temporary emergency housing unit otherwise 9 authorized under this section should it be deemed required for the public safety; 10 (7) The only persons permitted to reside for any period in temporga 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 housing 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 mqy not remain in 18 temporary emergency housing for relief workers during any-period when a local 19 evacuation order is in effect. 20 21 D Placement of temporary non-emergency housing single RVw and other temperffr3, 22 divellft struetures (together '4emper-ary ai�reirt eenshuetien hebtsing fae hities"I for 23 contractors on county-owned airport 24 properties. Notwithstanding the provisions of this-chapter 130 Land Use Districts, and 25 chapter 138 Rate of Growth Restrictions (ROGO/NROGO), temporary non-emergency 26 housin mefeafieaal vehieles, t-Failers a thee- to p„r-.,y dwelling stra.,,, es may be 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 no-fee buildingt ermit^must be issued for placement of the temporary non- 30 emergency housing unit(s) and linked to existing airport construction permits. The 31 building permit shall require approval by the building official and the planning 32 director of a site plan indicating the location of the temporary non-emergency housing 33 units on the parcel, and a department of health permit authorizing the connection of 34 the unit(s) to an on-site wastewater treatment and disposalsystem(s)©r to an existing 35 communi wastewater treatments stem. All units shall be ade uatel tied down 36 Placement of temporary non-emergency housing for airport construction purposes 37 heusing Feeilities must not impede or interfere with aviation operations or safety and 38 must conform to any applicable FAA regulations; 39 (2) Ne eleeaing or- filling ef eayirewnenWly sensitive lands may eecur as a result e 40 ; 41 (3) All te . PeA eenstfuefien housing fheilities shall be adequately tied de'h%, 42 y 43 , 44siting 45 health permits Page 8 of 13(File#2013-087) I eens#uetien housing f6eilifies te an en site wastewater-tFeatment and disposal sys 2 3 4 eleetrieal andsew-age-lines de--not-ee. sfit„+e .. atL-.,e fiy+e-auisanee to „Mild-e 5 hefaeless per-sons in the area (i.e., suffleiefft temper-ary feneing may be required by 6 ; 7 M (3) Temporary non-emergency housing airport construction purposes Musing 8 facilities 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 1.0 of the BOCC. However, nothing in this section shall 11 prevent the county or any state or federal authorily to terminate without notice the 12 authority to keep any tern or non-emergency housing unit otherwise authorized 13 under this section should it be deemed required for the public safety; and 14 f4l (6) The only persons permitted to reside for any period in temporary non-emergency 15 housing units for airport construction purposes heusing facilities 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 temporary non-emergency housing to provide site securiU or capital 22 improvement projects. Notwithstanding the provisions of chapter 130 Land Use 23 Districts and chapter 138 Rate of Growth Restrictions (ROGO/NROGO), temporary 24 non-emergency housing for temporary occupancy by workers undertaking a long-term 25 capital improvement project mgy be provided in order to provide site security for the 26 project site, subject to the following conditions: 27 (1) A resolution of the BOCC must be issued authorizing the placement of a tempor 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 site,• 32 (2) Placement of a temporary non-emergencyhousing unit for site security must not 33 impede or interfere with public safety; 34 3 The purpose of the tem or non-emergency housing unit shall be to provide 35 security for the project site; 36 4 A no-fee building permit must be issued for the placement of the tem or non- 37 emergency housinp,unit for site security, linked to the building permits for the related 38 construction activities if a pro val b 39 the building official and the plannina director of a siteplan 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 for a 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 9 of 13(File#2013-087) 1 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-emergency housing 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 housing for site security for a capital improvement project are individuals who are 7 gainfully employed in co=letinp, the capital improvement project. All residents of 8 temporal non-emergency housing for site security who were not permanent residents 9 of the county prior to first occupying such housing facilities will be required to 10 evacuate in accordance with local evacuation orders. Residents of an tem or non- 11 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 securily 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 ofternporary housing_unit s . 17 18 (i) For all permitted temporary housing upon expiration of relevant approvals and 19 timeframes expressly set forth in the relevant authorization, the temporary housing shall 20 be removed. 21 22 23 24 worker, heusin& 25 trailefs and other temporary dwelling stmetufes may be plaeed on publie or private 26 27 eleamT and reeenstrdetion effbrts following a natural of manmade disaster- subjeet to thee 28 fellevving e0ndifiens! 29 30 authorizing the—plaeement of the to eeye o ~„tau uvr e�stFu_.: heosing 31 faeilifies; 32 33 34 (3) Tempefaff meovery or.r-eaenstmetion housing feeilifies shall be adequately tied devm 35 and provide for- pr-eper- solid waste dispesal, and where used to house work 36 invelved in reeenstfuetion aefivities, shall require a no fee building peank linked 37 the required demelitien er- building peffnits form the related reeonstfuefien aetivities 38 Wher-ethe temporary o sfu e h -- - f it t;e e used to house > t -�'o 39 40 41 42 approved site. Prior to the issuanee of ne fee building peEmils fer any tempeFefy 43 44 approve of the sking of the fheilifies and the depai#nent of health shall permit or- 45 Page 10 of 13(File#2013-087) 1 housing faeflities to an on site wastewater- treatmeiA and disposal system or to an 2 exisfing cenuBunity wastewater treatmefA systena;- 3 4 5 (5) Temper-ary rerover-y or- meens:uuefien housing f4eilities shall ensufe that tem or-at, 6 7 homeless per-sons in the afea (i.e., suffieient temper-ary feneing may be required by 8 ; 9 10 11 , wM r-espeet to any pai4ietilar- !site, the building effieiej may 12 13 emeeed 180 days, a ...+ respect t„ one or more, - all „d,.,,.,;tted s_ta., the boar 14 15 16 shall prevent the eetmt-y er- a" state or federal au4hefity to terminate vAthetA n 17 18 this, seetien sheul,i it b deemed quire f_,.the..ublie sa&ty; and 19 (7 he epky persons permed to reside 20 21 22 eff-et4s-f ll nor- mamnadeter. AR o :dents of to 23 or r-eeenstnaefien housing f6eilifies who were not pefmanefA residents of the eeunty 24 prior. to first eempying sueh heusing faeflifies must be required to evaeuate ifi 25 26 27 28 29 e€fest. 30 31 32 33 Sec. 130-5. Temporary uses. 34 35 (a) Applicability If not already provided for as a permitted use by the Land Development 36 Code a temporary use is a permitted use in any land use (zoning) district, provided it 37 meets the criteria set forth in this section. This section shall not override or substitute for 38 an other section of this Land Development Code that requires another We of pennit, 39 certification or approval. 40 41 (b) Temporary uses other than public assemblies and temporary construction staging areas. 42 Approval of a temporgg use that is not defined as a public assembly in section 101-1 or 43 categorized as a temporary construction staging area pursuant to section 6-3 shall be 44 granted only if the following criteria are met; Page 11 of 13(File#2013-087) 1 1 Prior to establishment of the temporga use a special building permit approvin . 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 clearingor filling of environmentally sensitive lands shall occur to accommodate 5 the temporga use; 6 3 The tempoM use shall not occur in any required setback or re uired parking area,• 7 and 8 (4) The temporary use shall be compatible with existing uses on surrounding properties, 9 as determined by the planning director. If necessM, prior to issuance of a special 10 building permit allowing the temipor4a use the planning director mAY require a 11 meeting with the applicant the planning director (or his/her designee), building 12 official or his/her desi ee the sheriff or his/her designee), the fire chief or his/her 13 designee), and/or a representative of the county health department to negotiate 14 mutually satisfactory conditions under which the temporary use may be approved to 15 avoid substantial harm to the public health or safe1y and to minimize or to avoid 16 substantial harm to or im-pairment 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 npht 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 provisions provided 23 in chapter 114 article I and the bufferyard 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 gencral.public, with or without an admission charge, 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 II, 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. 40 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#2013-087) 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)