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05-073 " I ORDINANCE NO. 05"- 013 2 3 4 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 16 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, S:\CA\Ordinances\Housing Emergency (Declaration) QG rev011306.doc I " I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 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 S:\CA\Ordinances\Housing Emergency (Declaration) QG revOll306.doc 2 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 " 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 S:\CA\Ordinances\Housing Emergency (Declaration) QG rev011306.doc 3 " I Section 4. Should any section or provision of this Ordinance or any portion I 21 thereofbe declared by a court of competent jurisdiction to be invalid, such decision shall not 3 affect the remainder of this Ordinance, 4' Authority is hereby given to codify this Ordinance, Section 5. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 2 29 30 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 ~ ,~k- ~t~~ ' ",:~~ I -"1',: ,~-c-;<,--~) i /" '- /.~rc':,', // .- ' ~ V ioo--> ~missioner ~ i/ Commissioner ATTEST: 'rrJ. p~ S:\CA\Ordinances\Housing Emergency (Declaration) QG rev011306.doc 4