Item P8
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 16. 2005
Bulk !t{,,'l11: Yes No ~
Division: Growth Management
Department: NI A
StatI' Contact Person: Timothv J. McGarry
AGENDA ITEM WORDING:
Approval of an ordinance adopting interim amendments to the Monroe County Code Section 9.5 (Land
Development Regulations), by creating Section 9.5-227 Emergency Temporary Housing, and providing
tor temporary placement of R V's during the recovery period from Hurricane Wilma.
ITEM BACKGROUND:
Emergency Directive 16-2005 issued under the State of Local Emergency provides for the placement of
single RV's for temporary emergency housing on single family lots tor temporary occupancy by tenants
displaced by hurricane damage to the lawfully-established dwelling unit on the lots subject to the
following conditions; the dwelling has incurred sufficient damage to make the dwelling uninhabitable,
a building pennit has been issued for repair of damages caused by the hurricane, the placement of the
RV shall require a no-fee building permit linked to the building permit issued for hurricane damage
repair, the size of the RV is limited to eight (8) feet in width and thirty-two (32) feet, if lacking self-
propulsion and eight (8) feet in width and forty-two (42) feet in length, if self-propelled. Additionally,
one or more recreational vehicles may be temporarily placed by permit on properties in non-residential
land use districts and on publicly-own lands to house County residents displaced by Hurricane Wilma
and/or hurricane recovery workers. The R V will be allowed to stay for a period not to exceed 180 days
from the date of permit issuance or until the final inspection or certificate of occupancy is issued which
ever comes first.
Approval of this ordinance will authorize the temporary R V placement beyond the duration of the State
of Local Emergency.
PREVIOUS RELEVANT BOCC ACTION: N/ A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMl\lENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty-1L-
DIVISION DIRECTOR APPROVAL:
OMB/Purchasing -~J7 Management_
~) (Ii I
! ,
A
DOCUMENTATION:
Included X
DISPOSITION:
AGENDA ITEM #
ORDINANCE NO. -2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING INTERIM
AMENDMENTS TO CHAPTER 9.5, MONROE COUNTY CODE
[LAND DEVELOPMENT REGULATIONS], IN REPONSE TO
HURRICANE WILMA BY CREATING A NEW SECTION 9.5-227,
EMERGENCY TEMPORARY HOUSING; PROVIDING FOR
TEMPORARY PLACEMENT OF RVS; PROVIDING SPECIFIC
STANDARDS AND PROCEDURES FOR APPROVAL OF RVS AS
TEMPORARY EMERGENCY HOUSING; PROVIDING FOR
REPEAIJ OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING AN EFFECTIVE DATE; PROVIDING FOR FILING
IN THE OFFICE OF THE MONROE COUNTY CLERK AND THE
SECRETARY OF STATE OF THE STATE OF FLORIDA; AND
PROVIDING FOR EXPIRATION WITHIN 270 DAYS OF THE
EFFECTIVE DATE.
WHEREAS, unincorporated Monroe County has suffered significant property
damage, particularly due to the storm surge from Hunicane Wilma; and
WHEREAS, pursuant to F.S. 252.36, the Governor executed executive order 05-
219 declaring a state of emergency in Florida; and
WHEREAS, said declaration of emergency specifically invokes F.S.252.46 (1)
authorizing political subdivisions to make such orders and rules necessary for emergency
management purposes; and
WHEREAS, pursuant to F.S. 252.38 and Monroe County Ordinance No. 028-
1987, on October 26, 2005 Monroe County issued a Declaration of Local Emergency for
a period of 7 days thereby waiving the procedures and formalities otherwise required by
the political subdivision to authorize action as necessary to insure the health, safety and
welfare of the community; and
WHEREAS, the County has extended the State of Local Emergency in Monroe
County and through Emergency Directive #2005-16 established provisions for the
relaxation of the County's Land Development Regulations for the placement of RVs to
provide emergency temporary housing; and
WHEREAS, the eventual tennination of the State of Local Emergency and the
continued need for emergency temporary housing during the Hurricane Wilma recovery
period requires the Board of County Commissioners to adopt interim development
regulations; and,
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WHEREAS, in accordance with the requirements ofP.s. 252.46(2), the Board of
County Commissioners has promulgated this interim development regulation creating
Sections 9.5-227 of the Monroe County Code to provide for the temporary placement of
RVs to provide temporary emergency housing for stonn-displaced residents.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board hereby adopts the above referenced statutory citations as
findings of fact
Section 2.
follows:
Section 9.5-227, Monroe County Code, is hereby created that reads as
Sec. 9.5~227. Temporary Emergency Housing
(a) Purpose: It is the purpose of this section to provide interim regulations
that allow for the relaxation of the use prohibitions in article VII, division 2 of this
chapter to allow temporary emergency housing during the recovery period from
Hurricane Wilma.
(b) Definitions: As used in this Ordinance, the following tenns shall have the
definitions provided, unless the context clearly provides otherwise:
(1) Recreation vehicles shall be as defined in sec. 320.01, Florida Statutes.
(2) Tempormy emergency housing shall mean "recreational vehicles" used for
temporary occupancy in response to Hurricane Wilma;
(c) Placement of single RV's for temporary emergency housing on single
family lots: Notwithstanding the provisions of this chapter, recreational vehicles may be
placed on a single family lot for temporary occupancy by tenants displaced by hurricane
damage to the lawfully-established dwelling unit on the lot subject to the following
conditions:
(1) The dwelling has incurred sufficient damage to make the dwelling
uninhabitable as detennined by photographic evidence provided by the
applicant or an inspection by an official fTom the county building
department or code enforcement depaliment;
(2) A building pennit has been issued for repair of damages caused by the
hurricane to make the residential structure habitable;
(3) Placement of the RV shall require a no-fee building pennit, linked to the
building pennit issued for hurricane damage repair, that shall require prior
to its issuance, approval by tbe building official of its siting location on the
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lot and a Department of Health permit authorizing the connection of the
RV to an on-site wastewater treatment and disposal system or to an
existing community wastewater treatment system;
(4) The size of the RV to be placed on the lots shall be limited to eight (8) feet
in width and thirty-two (32) feet, if lacking self-propulsion, and eight (8)
feet in width and forty-two (42) feet in length, if self-propelled;
(5) The R V shall remain on the property for a period not to exceed 180 days
from the date of permit issuance or until the final inspection or certificate
of occupancy is issued on the repairs made to the residential dwelling,
whichever comes first.
(d) Placement of RVs for temporary emergency housing on non-residential
properties: Notwithstanding the provisions of this chapter, one or more recreational
vehicles may be temporarily placed by permit on properties in non-residential land use
districts and on publicly-own lands, excluding lands designated for conservation and
resource protection, to house County residents displaced by Hurricane Wilma and/or
hurricane recovery workers. The size of the RVs to be temporarily placed shall be in
accordance with (c)(4) above. Permitting approval of the temporary placement of RVs
shall require submittal of a no-fee permit application to the building department to be
approved by the building official, including a site plan pursuant to requirements
established by the building official. Upon final inspection by the building official of the
temporary construction granted by said permit, authorization for the occupancy of the
property for temporary emergency housing shall not exceed 180 days from the date of the
final inspection.
Section 3. Pursuant to the provisions of F.S. 252.46, this ordinance shall become
effective immediately upon filing in the office of the Monroe County Clerk.
Section 4. This ordinance shall stand repealed as of 11:59 p.m. on the 270th day after
the effective date of this ordinance, unless repealed sooner by the Board of County
Commissioners.
Section 5. If any section, subsection, sentence, clause, item, charge or provision of
this ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 6. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of such conflict.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.]
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Section 7. This ordinance shall be filed with the Office of the Secretary of State of
the State of Florida.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 16th day of November,
2005.
Mayor Dixie M. Spear
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner MUlTay E. Nelson
Commissioner George Nugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
Attest: DANNY L. KOLHAGE, Clerk
MONAOE coyt!!X. ATTORNEY
. APPROVE~IQ FTM . .
N.M~.J'~ U ;//,'"
JI ( , I. /)4""
..Data: . ' ; j j j " ~ I J'-' ")
By:
Deputy Clerk
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