05-073
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I ORDINANCE NO. 05"- 013
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5 AN ORDINANCE OF THE CITY COMMISSION OF
6 THE CITY OF BOYNTON BEACH DECLARING A
7 HOUSING EMERGENCY AS A RESULT OF THE
8 IMPACTS OF HURRICANE WILMA; AMENDING
9 THE CITY OF BOYNTON BEACH'S LAND
10 DEVELOPMENT REGULATIONS TO PROVIDE FOR
11 THE PLACEMENT OF MOBILE HOMES AND
12 TRAILERS IN RESIDENTIAL AREAS AS
13 CONDITIONAL USES; PROVIDING FOR
14 CONFLICTS; PROVIDING FOR SEVERABILITY; AND
15 PROVIDING AN EFFECTIVE DATE
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17 WHEREAS, the State of Florida, Palm Beach County, and the City of Boynton
18 Beach declared a state of emergency related to Hurricane Wilma; and
19 WHEREAS, the impacts associated with Hurricane Wilma created a state of
20 emergency in the City of Boynton Beach, and the City of Boynton Beach does hereby
21 declare that an emergency exists regarding emergency housing needs resulting from
22 Hurricane Wilma; and
23 WHEREAS, the devastation created by the hurricane has caused damage to all types
24 of dwellings in the City of Boynton Beach, and as a result citizens and residents are seeking
25 housing assistance from the Federal Emergency Management Agency; and
26 WHEREAS, due to the damage to dwellings within the City, the City Commission
27 finds it necessary to declare a housing emergency in order to allow residents and citizens to
28 avail themselves of other temporary housing options; and
29 WHEREAS, this is an emergency condition, constituting an immediate threat to the
30 life, health and safety of the citizens of the City and it is necessary to assist the citizens and
31 residents of Boynton Beach with this housing emergency,
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA THAT:
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Section 1.
The foregoing "Whereas" clause is true and correct and is now ratified
and confirmed by the City Commission.
Section 2. As a result of the impacts from Hurricane Wilma which struck the City
of Boynton Beach on October 24, 2005, the City Commission finds that there has been
significant damage to dwelling units within the City of Boynton Beach. As a result of the
damage, many citizens and residents are faced with the possibility of being displaced from their
residences while repairs are made to the residence. Therefore, the City Commission finds that
there is a housing emergency in the City of Boynton Beach, and the City Commission desires
to provide for the ability for residents and citizens to provide for alternative housing during the
time this housing emergency is in effect.
Section 3.
That Part III, "Land Development Regulations", Chapter 2, "Zoning", is
hereby amended by enacting a new Section 11,3, "Emergency Housing", to read as follows:
Section 11.3 Emergency Housing.
A In the event a housing emergency is declared to exist by
the City Commission following a natural or man-made
disaster. and subiect to the conditions contained in this
Section. temporarY structures such as mobile homes.
travel trailers and recreational vehicles may be used as
temporarY housing by individuals who have been
displaced from their primarY residence due to damage
from the disaster.
B. The following conditions shall apply to the use and
placement of temporarY structures such as mobile
homes, travel trailers and recreational vehicles placed on
properties only after the City Commission declares a
housing emergency following a natural or man-made
disaster:
(1) A maximum of one (1 ) travel trailer/mobile
home/recreational vehicle for the sole occupancy by
the existing residents of the damaged home. will be
allowed on an existing home site providing the
following conditions exist on the site:
(a) The home located on the site has been
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Section 3.
C.
declared "unsafe" by the City's Building
Official or designee.
(b) The sam tarv sewer must be proper! y
connected to the City's sanitarY sewer
system in accordance with codes in effect
at the time.
(c) Electrical service must be available on site
and have a proper connection for a travel
trailer/mobile home/recreational vehicle,
(d) Only a licensed mobile home installation
Contractor will be allowed to apply for a
permit and perform any work related to the
connection of plumbing. electrical, and
mechanical service systems to the site,
(2) Setback requirements shall be complied with to the
extent possible;
(3) All other applicable regulations and
requirements, except parking, shall
including, but not limited to, flood
management.
(4) The use of mobile homes, recreational vehicles, or
travel trailers as temporarY residences in a zoning
district where such use is prohibited prior to the
declaration of the housing emergency shall cease
either upon the repair or reconstruction of the
individual's residence or no later than 18 months
after the date the City Commission declares a
housing emergency, whichever occurs first;
(5) Housing sites for multiple temporarY dwelling units
established by the Federal Emergency Management
Agency and approved by the City Commission,
may be established in any zoning district;
(6) Legal and proper disposal of all sanitarY sewer and
stormwater is required;
(7) Water and/or sewer connection to previously
unserved locations will require permits and the
payment of applicable connection fees.
No person shall occupy a temporarY dwelling unit prior
to inspection of the unit by the City and the issuance of a
Certificate of Occupancy, or temporarY Certificate of
Occupancy, as determined by the City's Chief Building
OfficiaL
code
apply,
plain
45 conflict with any provisions of this ordinance are hereby repealed.
All laws and ordinances applying to the City of Boynton Beach in
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Section 4.
Should any section or provision of this Ordinance or any portion
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21 thereofbe declared by a court of competent jurisdiction to be invalid, such decision shall not
3 affect the remainder of this Ordinance,
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Authority is hereby given to codify this Ordinance,
Section 5.
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Section 6, This Ordinance shall become effective immediately upon adoption.
FIRST READING this.3 day of Janu.o.r'f ' 20~.
SECOND, FINAL READING AND PASSAGE this LL- day of~'f' 2006.
CITY OF BOYNTON BEACH, FLORIDA
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