§ 103-1. Temporary Housing.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Recreational vehicle (RV) means the same as that term is defined in F.S. § 320.01.
Temporary emergency housing means recreational vehicles (or similar approved sheltering units) used for temporary occupancy in response to natural or manmade disasters, including, but not limited to, hurricanes and tropical storms, where such RVs (or other approved sheltering units) are provided to residents or relief workers as part of emergency relief efforts.
Temporary non-emergency housing means RVs (or other approved sheltering units) used for temporary occupancy by employees in order to provide project site security for a long-term capital improvement project or to avoid delay in completing ongoing or future airport safety and capacity improvements.
(b)
Purpose. It is the purpose of this section to provide regulations that allow for the relaxation of the use prohibitions in Chapter 130, Land Use Districts, Chapter 131, Bulk Regulations, and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), to:
(1)
Provide regulatory authority to allow temporary emergency housing, not subject to the ROGO permit allocation system, for temporary occupancy by residents displaced by natural or manmade disaster damage or by relief workers involved in reconstruction activities following a natural or manmade disaster;
(2)
Provide regulatory authority to allow temporary non-emergency housing, not subject to the ROGO permit allocation system, for temporary occupancy by workers undertaking a long-term capital improvement project to provide site security for the capital improvement project site or to avoid delay in completing airport safety and capacity improvements on county-owned airport properties.
(c)
Placement of temporary emergency housing on residential parcels. Notwithstanding the provisions of Chapter 130, Land Use Districts, Chapter 131, Bulk Regulations, and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary emergency housing may be placed on a residential parcel for temporary occupancy by residents who have been displaced by natural or manmade disaster damage subject to the following conditions:
(1)
The dwelling unit(s) on the subject parcel is lawfully established and has incurred sufficient damage from the disaster to make the dwelling unit(s) uninhabitable as determined by verifiable photographic evidence provided by the applicant to the Building Department, and/or an inspection by an official from a federal or state governmental relief agency, the county Building Department or the County Code Compliance Department; or the subject parcel has an already issued, unexpired building permit for the construction of a dwelling unit;
(2)
A building permit must be issued within 90 days of placement of the temporary emergency housing for repair of damages caused by the casualty event to make the dwelling unit habitable or the subject parcel must have an already issued, unexpired building permit for the construction of a dwelling unit;
(3)
A separate, no-fee building permit must be issued for the placement of the temporary emergency housing, linked to the building permit issued for damage repair or linked to an issued, unexpired building permit for the development of a dwelling unit on the subject parcel. The building permit shall require approval by the Building Official of the unit's siting location on the parcel and authorization for connection of the unit to central sewer, an on-site wastewater treatment and disposal system, an existing community wastewater treatment system; or use of a holding tank with a licensed septage hauler;
(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; and
(5)
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. Expiration of the building permit for damage repairs or dwelling unit construction shall require immediate removal of the temporary emergency housing unit from the site. However, nothing in this section shall prevent the county or any state or federal authority to terminate without notice the authority to keep any temporary emergency housing units otherwise authorized under this section should it be deemed required for the public safety.
(d)
Placement of temporary emergency housing on nonresidential properties or vacant residential properties. Notwithstanding the provisions of Chapter 130, Land Use Districts, Chapter 131, Bulk Regulations, and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary emergency housing may be placed on a nonresidential or mixed-use property or on publicly-owned lands or vacant residential properties, excluding lands designated for conservation and resource protection for temporary occupancy by county residents displaced by natural or manmade disaster damage, subject to the following conditions:
(1)
A no-fee building permit must be issued for the placement of the temporary emergency housing unit(s). The building permit shall require approval by the Building Official and the Planning Director of a site plan indicating the location of the temporary emergency housing unit(s) on the parcel, and authorization for the connection of the unit(s) to central sewer, an on-site wastewater treatment and disposal system(s), to an existing community wastewater treatment system or use of a holding tank with a licensed septage hauler;
(2)
The placement of temporary emergency housing on vacant residential properties is limited to travel trailers, RVs or similar sheltering units provided and licensed by FEMA; and
(3)
The temporary emergency housing unit(s) may remain on the property for a period not to exceed 180 days from the date of building permit issuance. 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 the 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. However, nothing in this section shall prevent the county or any state or federal authority to terminate without notice the authority to keep any temporary emergency housing units otherwise authorized under this section should it be deemed required for the public safety.
(e)
Placement of temporary emergency housing for emergency relief workers. Notwithstanding the provisions of Chapter 130, Land Use Districts, and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary emergency housing may be provided for temporary occupancy by emergency relief workers involved in reconstruction activities, subject to the following conditions:
(1)
An emergency directive or resolution of the BOCC must be issued authorizing the placement and duration of the temporary emergency housing for relief workers;
(2)
Placement of temporary emergency housing for relief workers must not impede or interfere with other emergency and recovery operations or public safety;
(3)
Temporary recovery or reconstruction housing facilities shall ensure that temporary electrical and sewage lines do not constitute an attractive nuisance to children or homeless persons in the area (i.e., sufficient temporary fencing may be required by the Building Official);
(4)
A no-fee building permit must be issued for the placement of the temporary emergency housing unit(s). The building permit shall require approval by the Building Official and the Planning Director of a site plan indicating the location of the temporary emergency housing unit(s) on the parcel, consistent with the BOCC resolution, and a Department of Health permit authorizing the connection of the unit(s) to an on-site wastewater treatment and disposal system(s) or to an existing community wastewater treatment system;
(5)
Any required demolition or building permits for the related reconstruction activities must be issued within 90 days from the placement of the temporary emergency housing for relief workers;
(6)
The temporary emergency housing unit(s) may remain on the site for a period not to exceed the duration specified by the BOCC resolution, and may only be extended at the discretion of the BOCC by an additional resolution. However, nothing in this section shall prevent the county or any state or federal authority to terminate without notice the authority to keep any temporary emergency housing unit otherwise authorized under this section should it be deemed required for the public safety;
(7)
The only persons permitted to reside for any period in temporary emergency housing for relief workers are individuals who are gainfully employed on a fulltime basis in completing cleanup and reconstruction efforts following a natural or manmade disaster. All residents of temporary emergency housing for relief workers who were not permanent residents of the county prior to first occupying such housing facilities will be required to evacuate in accordance with local evacuation orders. Residents of any temporary emergency housing for relief workers who were permanent residents of the county prior to first occupying such housing facilities may not remain in temporary emergency housing for relief workers during any period when a local evacuation order is in effect.
(f)
Placement of temporary non-emergency housing for contractors on county-owned airport properties. Notwithstanding the provisions of Chapter 130, Land Use Districts, and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary non-emergency housing may be placed on county-owned airport properties for temporary occupancy by contractors completing airport safety and capacity improvements subject to the following conditions:
(1)
A building permit must be issued for placement of the temporary non-emergency housing unit(s), and linked to existing airport construction permits. The building permit shall require approval by the Building Official and the Planning Director of a site plan indicating the location of the temporary non-emergency housing unit(s) on the parcel, and a department of health permit authorizing the connection of the unit(s) to an on-site wastewater treatment and disposal system(s) or to an existing community wastewater treatment system. All units shall be adequately tied down;
(2)
Placement of temporary non-emergency housing for airport construction purposes must not impede or interfere with aviation operations or safety and must conform to any applicable FAA regulations;
(3)
Temporary non-emergency housing for airport construction purposes shall remain on the property for a period not to exceed 30 days from the date of completion of the related airport construction work, unless extended by resolution of the BOCC. However, nothing in this section shall prevent the county or any state or federal authority to terminate without notice the authority to keep any temporary non-emergency housing unit otherwise authorized under this section should it be deemed required for the public safety; and
(4)
The only persons permitted to reside for any period in temporary non-emergency housing units for airport construction purposes are individuals who while in the county are actually gainfully employed on a fulltime basis in completing airport safety and capacity improvements at a county airport. All residents or occupants of temporary airport construction housing facilities must be required to timely evacuate in accordance with local evacuation orders.
(g)
Placement of temporary non-emergency housing to provide site security for capital improvement projects. Notwithstanding the provisions of Chapter 130, Land Use Districts, and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary non-emergency housing for temporary occupancy by workers undertaking a long-term capital improvement project may be provided in order to provide site security for the project site, subject to the following conditions:
(1)
A resolution of the BOCC must be issued authorizing the placement of a temporary non-emergency housing unit for site security. The resolution shall specify the location (placement of the unit at the project site) and the duration of the temporary housing unit, not to exceed 180 days. No more than one temporary non-emergency housing unit shall be approved per project site. When considering such placement, the BOCC shall take into account the number of times a parcel has been used for temporary non-emergency housing purposes for capital improvement projects and shall consider compatibility, complications and other circumstances that may require a site to be utilized for more than 365 consecutive days and public comment.
(2)
Placement of a temporary non-emergency housing unit for site security must not impede or interfere with public safety.
(3)
The purpose of the temporary non-emergency housing unit shall be to provide security for the project site.
(4)
A building permit must be issued for the placement of the temporary non-emergency housing unit for site security, linked to the building permits for the related construction activities (if applicable). The building permit shall require approval by the Building Official and the Planning Director of a site plan indicating the location of the temporary emergency housing unit on the parcel, consistent with the BOCC resolution, and a Department of Health permit authorizing the connection of the unit to an on-site wastewater treatment and disposal system or to an existing community wastewater treatment system.
(5)
The temporary non-emergency housing unit for site security may remain on the site for a period not to exceed the duration specified by the BOCC resolution, and may only be extended at the discretion of the BOCC by an additional resolution. When considering an extension, the BOCC shall take into account the number of times a parcel has been used for temporary non-emergency housing purposes for capital improvement projects and shall consider compatibility, complications and other circumstances that may require a site to be utilized for more than 365 consecutive days and public comment. Nothing in this section shall prevent the county or any state or federal authority to terminate without notice the authority to keep any temporary non-emergency housing unit otherwise authorized under this section should it be deemed required for the public safety.
(6)
The only persons permitted to reside for any period in temporary non-emergency housing for site security for a capital improvement project are individuals who are gainfully employed in completing the capital improvement project. All residents of temporary non-emergency housing for site security who were not permanent residents of the county prior to first occupying such housing facilities will be required to evacuate in accordance with local evacuation orders. Residents of any temporary non-emergency housing who were permanent residents of the county prior to first occupying such housing facilities may not remain in temporary non-emergency housing for site security during any period when a local evacuation order is in effect.
(h)
No clearing or filling of environmentally sensitive lands may occur as a result of providing any type of temporary housing unit(s).
(i)
For all permitted temporary housing, upon expiration of relevant approvals and timeframes expressly set forth in the relevant authorization, the temporary housing shall be removed.
( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016; Ord. No. 022-2017 , § 1, 10-18-2017)