AGENDA MEMORANDUM

 

 

MEETING DATE:   August 13, 2007

 

FROM:                       Laura McElhanon, AICP

                                    Community Development Director

 

SUBJECT:                  Ordinance providing for temporary structures after a natural or manmade disaster

 

Recommendation:

Planning and Zoning Staff and the Planning Commission recommend approval of the proposed  amendment to the City’s adopted Land Development Code adding the provisions for temporary structures after a natural or manmade disaster.

 

Analysis:

This proposed amendment will amend Chapter 25–291 Temporary Structures of the City Code of Ordinances by adding the provisions for temporary structures after a natural or manmade disaster. The amendment will clarify this section of the code regarding the use of temporary structures after a natural or manmade disaster and provide relief to citizens impacted by these events. Temporary structures will be permitted on individual lots or in designated areas during the recovery period.

 

The Planning Commission held a public hearing on the proposed amendment on July 5, 2007 and by a vote of 7 to 0, recommended approval.

 

Options:        

1.         To approve or disapprove the ordinance.

 

2.         Recommendation or approval of such alternative action as deemed appropriate by the Commission.

 

Fiscal Impact:

There will be no fiscal impact to the City of Leesburg.

 

Submission Date and Time:    8/8/07 4:38 PM8/8/07 10:28 AM____

Department:  Community Development

Prepared by:   Bill Wiley

Attachments:  Yes__X__   No ______

Advertised:   ____Not Required ______                      

Dates:   __________________________                     

Newspapers:

_________________________________                                                    

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. 001-6151-515.4810___

 

Project No. ___________________

 

WF No. ______________________

 

Budget    $____________________

 

Available $____________________


 

 

 

ORDINANCE NO. ______

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING SECTION 25–291 OF THE CODE OF ORDINANCES OF THE CITY OF LEESBURG, FLORIDA; PERTAINING TO TEMPORARY STRUCTURES; PROVIDING FOR TEMPORARY RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USE HOUSING FOLLOWING A DISASTER; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 

 

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

 

SECTION 1.

 

            Section 25–291 of the Code of Ordinances of the City of Leesburg, Florida, is hereby amended in its entirety to read: 

 

Section 25–291. Temporary Structures. 

 

(a)        For purposes of this Section, “Temporary Structure” means a walled and roofed building that is principally above ground, affixed to the ground, for a limited time. Temporary Structures include, but are not limited to, the following: 

 

            (1)        Construction office trailer

            (2)        Manufactured home or mobile home

            (3)        Recreational vehicles used in conjunction with a temporary,

                        non-profit activity 

 

(b)        Temporary Structures shall be permitted only in accordance with this Section and upon the issuance of a temporary structure permit by the City Manager or designee.

(c)                Manufactured or modular homes may be used as a temporary construction office incidental to the construction or development of the premises on which the temporary structure is located. The temporary structure may not be placed on the property until building permits have been issued for the construction activities on the site and maintained on site only during the time that construction or development is actively underway. The temporary structure shall be removed upon the issuance of a certificate of occupancy for the improvements being constructed. Such temporary structure shall in no instance be kept on site for more than one (1) year from the date of permit issuance, and shall not be extended by the commission.

(d)        Temporary sales and leasing offices for residential developments are allowed as a permitted use in any zoning district. In addition to applicable zoning district and use regulations, a temporary sales and leasing office must comply with the following standards:

(1)        A permit shall be issued by the City Manager or designee after final development plan approval. If a temporary sales and licensing office is to be used, the development plan must meet the following conditions in addition to the other requirements for development plan approval:

a.         The development plan shall indicate the location of the temporary sales and leasing office.

b.         The temporary sales and leasing office must be located in an area approved for impervious area by the development plan for the project

c.         The temporary sales and leasing office shall be fenced off from the remainder of the site where general construction is in progress. The petitioner may propose other design measures to prevent customers from moving into the construction area.

d.         The number and location of parking spaces proposed for the temporary use shall be designed so as to avoid backing or stacking of vehicles into the right-of-way.

e.         No ground-mounted sign other than the allowable temporary development sign for the main project shall be allowed. However, the temporary use may have one (1) sign not to exceed six (6) square feet directing customers to the sales and leasing office.

f.          The temporary sales and leasing office must meet all state all local requirements for structures used for commercial purposes and open to the general public and must be approved by the building division.

g.         The temporary sales and leasing office use may only be conducted on a site that has an approved development plan with an active building permit for construction of the main project being marketed under the temporary sales and leasing permit.

h.         The office may not be used to lease or sell off-site properties.

i.          The office may be used for a period of twelve (12) months or until a certificate of occupancy is issued for twenty-five (25) percent or more of the approved units or until a certificate of occupancy is issued for a permanent on-site management office, whichever occurs first.

j.          Once any of the conditions in subsection (i) have been met, no additional permits or certificates of occupancy will be issued until the temporary leasing and sales office is removed from the site.

k.         Neither the sales and leasing office nor the surrounding area where customers are permitted may be used for storage of building materials or building supplies.

 

(e)        Temporary Structures are permitted during a natural or manmade disaster as follows:

 

(1)        When a natural or manmade disaster has rendered a single-family residence unfit for human habitation, as determined by the City Manager or designee, the use of a Temporary Structure located on the single-family lot during rehabilitation of the original residence, or the construction of a new residence, may be permitted through the issuance of a temporary structure permit regardless of the zoning district requirements set forth in these regulations.  The maximum length of use shall be one (1) year from the date of issuance of the temporary structure permit.  The City Manager or designee may require a temporary structure permit to include additional conditions in order to ensure that property owners are taking steps to build a permanent residence within a reasonable amount of time.  The City Manager or designee may grant extensions of the temporary structure permit if the property owner can demonstrate that the delay in completing the permanent residence was due to unavailability of construction materials, or delays in receiving financial assistance for the reconstruction or rehabilitation of the residence from private insurance or state or federal disaster assistance programs. 

 

(2)        When a natural or manmade disaster has rendered a commercial or industrial structure unfit for occupancy, as determined by the City Manager or designee, the use of a Temporary Structure to carry out the commercial or industrial use during the rehabilitation of the original structure, or the construction of a new structure, may be permitted.  Such temporary non-residential structures may be permitted only for use on the site of a damaged structure.  As a condition precedent to using a temporary structure for commercial or industrial purposes, the City Manager or designee must make a finding that the use of the temporary, non-residential structure is necessary to preserve the public interest, and to allow for rehabilitation of the area’s economic base.  At the time of making this finding, the City Manager or designee shall additionally determine the maximum length of use from the date of issuance of the temporary structure permit.  The City Manager or designee may additionally impose conditions as part of a temporary structure permit that will ensure a permanent structure shall be constructed within the time limitations imposed on the permit. 

 

(3)        When a natural or manmade disaster has rendered a single-family residence(s) or commercial or industrial structure(s) unfit for occupancy, as determined by the City Manager or designee, the use of a Temporary Structure by FEMA, the Red Cross, or any other emergency response team, may be permitted through the issuance of a temporary structure permit. In order for such permit to be issued to the emergency response team, the emergency response team must be providing assistance to residents or businesses of the City of Leesburg, Florida, whose primary residence or business was rendered unfit for human habitation as a result of the natural or manmade disaster. 

 

(f)        Minimum Standards for Temporary Structure Permit Issuance.  For all temporary structures allowed under this subsection, the following apply: 

 

(1)        The Temporary Structure shall not be placed on the site until the City Environmental Services Department confirms in writing that adequate and safe sanitary waste facilities are available to the structure(s). 

 

(2)        The Temporary Structure must be placed in a way as to minimize impact on wetland areas and shorelines. 

 

(3)        For temporary structures placed in commercial or industrial zoning districts, parking shall be provided based upon the square footage of the temporary structure, including handicapped parking.  Additionally, the temporary structure must meet the Florida Accessibility Code for building construction amenities. 

 

(4)        More than one (1) temporary structure may be placed on a residential lot so long as the occupancy (based on bedrooms or such other measure determined by the building official) of all temporary structures does not exceed the capacity of the original structure by more than one hundred twenty-five percent (125%). 

 

(5)        More than one (1) temporary structure may be placed on a non-residential lot to accommodate emergency response teams as they provide services to residents and businesses in accordance with paragraph (e)(3) of this Section.

 

(6)        The Temporary Structure shall be removed from the premises within thirty (30) days after the cancellation or expiration of the temporary structure permit.  If a travel trailer or recreational vehicle is used, it shall be properly stored in accordance with zoning district rules or removed from the premises within thirty (30) days after the cancellation or expiration of the temporary structure permit. 

 

(7)        Failure to so remove the temporary structure as described herein shall permit the City of Leesburg to avail itself of all legal remedies to have the structure removed, assess the cost thereof to the property owner, including remedies which permit the City to contract to have the unit removed, and the City may choose to prosecute or enforce as a violation of the Code of Ordinances.

 

(8)        All temporary structures shall be permitted and installed in accordance with all other applicable codes and standards. 

 

(9)        Temporary Structures shall be a minimum of twenty (20) feet from the street right-of-way line.

 

(10)           Temporary Structures shall not obstruct a required vehicular parking area.

 

SECTION 2. 

 

            All ordinances or parts of ordinances which are in conflict with any of the provisions of this ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repealed and the conflicting portion destroys the overall intent and effect of any of the conflicting ordinances, in which case those ordinances so affected shall be hereby repealed in their entirety. 

 

 

SECTION 3.

 

            If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of this ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of this ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable. 

 

SECTION 4.

 

            This ordinance shall become effective upon its passage and adoption according to law. 

 

            PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the ______ day of ______________, 2007. 

                                                                                   

THE CITY OF LEESBURG

 

By:________________________________

                                                                                    Mayor

 

ATTEST:

 

_______________________________________

City Clerk