11-013
II
1 ORDINANCE NO. 11- 013
2
3
4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
5 OF BOYNTON BEACH, FLORIDA AMENDING THE LAND
6 DEVELOPMENT REGULATIONS, CHAPTER 2, ARTICLE II,
7 GENERAL PROVISIONS, TO ACCOMMODATE SOLID WASTE
8 COLLECTION SITES AND TEMPORARY HOUSING DURING
9 , PERIODS OF DECLARED EMERGENCIES MINIMUM OFF-
I STREET PARKING REQUIREMENTS; PROVIDING FOR
10 i
,
II CONFLICTS, SEVERABILITY, CODIFICATION AND AN
12 EFFECTIVE DATE.
13
14
15
16 WHEREAS, staff is proposing amendment to the Land Development Regulations
17 (LDR) involving the solid waste collection sites and temporary housing during periods of
18 declared emergencies; and
19 WHEREAS, as part of hurricane cleanup efforts after the storms in 2004 and
20 2005 we learned that local proximity to the debris disposal site is a key element in how
21 quickly debris can be removed from a community and a sense of normalcy occurs; and
22 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
23 the best interest of the citizens and residents of the City to amend the Land Development
24 Regulations to accommodate solid waste collection sites and temporary housing during
25 periods of declared emergencies.
26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1. The foregoing whereas clauses are true and correct and are now
29 ratified and confirmed by the City Commission.
30 Section 2. Chapter 2, Article II, General Provisions, Section 8, of the Land
31 Development Regulations, is hereby amended by adding the words and figures in
Document in Windows Internet Explorer
- 1 -
I
i!
1 underlined type, as follows:
2 Section 8. Temporary Buildings and Collection Sites.
3
4 A. In Connection with Construction Activitv. Temporary
5 buildings such as models, offices and tool sheds used m
6 corti unction with construction work only, may be permitted in any
7 district after approval of the building inspection department and the
8 removal of which is accomplished within thirty (30) days after
9 construction ceases or is completed. Mobile and temporary storage
10 structures shall be regulated in accordance with Chapter 3, Article
11 V, Section 3.E.2.
12
13 B. Emer2encv Housin2.
14
15 1.: In the event a housing emergency is declared to exist
16 by the City Commission following a natural or man-made
17 disaster, and subject to the conditions contained in this
18 subsection, temporary structures such as mobile homes,
19 travel trailers, and recreational vehicles may be used as
20 temporary housing by individuals who have been displaced
21 from their primary residence due to damage from the
22 disaster.
23
24 2. The following conditions shall apply to the use and
25 placement of temporary structures such as mobile homes,
26 travel trailers, and recreational vehicles placed on properties
27 only after the City Commission declares a housing
28 emergency following a natural or man-made disaster:
29
30 !!: A maximum of one ( 1) travel trailer / mobile
31 home / recreational vehicle for the sole occupancy
32 by the existing residents of the damaged home, will
33 be allowed on an existing home site providing the
34 following conditions exist on the site:
35
36 ill The home located on the site has
37 been declared "unsafe" by the Building
38 Official or designee;
39
40 ill The sanitary sewer must be properly
41 connected to the City's sanitary sewer
42 system in accordance with codes in effect at
43 the time;
44
Document in Windows Internet Explorer
.. 2-
I
1 ill Electrical service must be available
2 on-site and have a proper connection for a
3 travel trailer / mobile home / recreational
4 vehicle; and
5
6 ill Only a licensed mobile home
7 installation contractor will be allowed to
8 apply for a permit and perform any work
9 related to the connection of plumbing,
10 electrical, and mechanical service systems to
11 the site.
12
13 b. Setback requirements shall be complied with
14 to the maximum extent possible;
15
16 f: All other applicable regulations and code
17 requirements, except parking, shall apply, including
18 but not limited to flood plan management;
19
20 d. The use of mobile homes, recreational
21 vehicles, or travel trailers as temporary residences in
22 a zoning district where such use is prohibited prior
23 to the declaration of the housing emergency shall
24 cease either upon the repair or reconstruction of the
25 individual's residence or no later than 18 months
26 after the date the City Commission declares a
27 housing emergency, whichever occurs first;
28
29 ~ Housing sites for multiple temporary
30 dwelling units established by the Federal Emergency
31 Management Agency and approved by the City
32 Commission, may be established in any zoning
33 district;
34
35 f: All drainage and storm water management
36 requirements shall be met Lcgal and proper disposal
37 of all sanitary sewer and stormwatcr is required;
38
39 & Water and / or sewer connection to
40 previously unserved locations will require permits
41 and the payment of applicable connection fees.
42
43 3. No person shall occuPy a temporary dwelling unit
44 prior to inspection of the unit by the City and the issuance
45 of a certificate of occupancy or temporary certificate of
46 occupancy, as determined by the Building Official.
Document in Windows Internet Explorer
.. 3 -
I
I
2 C. Emer2enCY Solid Waste Collection Sites. The City
3 hereby authorizes the establishment of Emergency Solid Waste
4 Processing Sites that may be placed into operation only following a
5 declared State of Emergency by the City Commission, Palm Beach
6 County, and / or the State of Florida. Minimal site preparation and
7 access work may be conducted through other normal agency permit
8 processes prior to the State of Emergency declarations. No more
9 than one ( 1) Emergency Solid Waste Processing site shall be
10 allowed in the City at anyone time and the location of such site
I I shall be approved by the City Commission prior to June 1 of each
12 calendar year, a date coinciding with the declared start of hurricane
13 season. The selected site shall be allowed in any zoning district
14 provided that it is at least eight (8) acres. City Commission
15 approval may include any conditions of approval based on the
16 unique character of the site and surrounding area. The fee shall be
17 $1,000 plus $0.50 per cubic yard for each yard of material
18 processed at the site as part of an Event cleanup.
19
20 Section 3. Should any section or provision of this Ordinance or any portion
21 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
22 not affect the remainder of this Ordinance.
23 Section 4. Authority is hereby given to codify this Ordinance.
24 Section 5. This Ordinance shall become effective immediately.
25
26 (REMAINDER OF PAGE LEFT BLANK)
Document in Windows Internet Explorer
- 4..
II I
I fIRST READING this 5th day of April, 2011.
2 SECOND, FINAL READING AND PASSAGE this 27th day of April, 2011.
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6 ose R04!.ig~z ./
7 '0' - . . ~.' ,/./
-- .//;"f}-'"'?2
8 - . /'" ,. ~_..~..,. .......-..
. '-.v'
9
10 A4 -
II .~
12 William ove . .. ~
13 ~~. ~. 7'
14
~ , -.~~-"
15 Woo<flow"):la~7 / ?
16 ../ ....::::......././ .'
Ls:<." / ,,'.....,
17 '-,.;.. . .' /' {' a".-. ~ '''' ,
18 ; Steven ~:l~;..._.,... .., ' , -.-
19 ATTEST:
20
21
22
23
24
25
26
27
28
29
Document in Windows Internet Explorer
.. 5 -