SUBJECT/RECOMMENDATION:
Title
Provide direction to staff regarding Council's desire to participate in or opt out of the Pinellas County Temporary Emergency Housing Ordinance.
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SUMMARY:
On November 18, 2014, Pinellas County adopted an ordinance establishing countywide regulations for temporary emergency housing following a disaster declaration. This ordinance is the result of a lengthy collaborative effort between the County, local municipalities, the Pinellas Planning Council and the Federal Emergency Management Agency. The ordinance would go into effect upon a declaration of a State of Housing Emergency by the Board of County Commissioners and could, depending on the scale and nature of the disaster, apply to all or any part of the incorporated and/or unincorporated areas of Pinellas County. Municipalities may opt out of the County ordinance if they have an ordinance addressing local housing emergencies within their jurisdictions.
The City of Clearwater currently permits temporary emergency housing as a temporary use pursuant to Community Development Code Section 3-2103.N. These regulations allow relocation tents or mobile homes for displaced persons upon determination by City Council that a particular area constitutes a disaster area. Temporary housing is allowed provided it is connected to city utilities and provisions for solid waste exist unless either of these services are not reasonably available. The ordinance provides a significant amount of flexibility and allows temporary housing in all zoning districts for a maximum of 18 months unless authorized by City Council for a greater period of time.
The Pinellas County temporary emergency housing ordinance is more comprehensive than the Clearwater ordinance in that it provides regulations for different zoning districts and community sites and addresses permitting issues. The main provisions of the countywide ordinance are outlined below.
· Provides for three types of temporary housing: manufactured homes, recreational vehicles and modular dwellings;
· Requires a permit for a temporary housing unit;
· Requires licensed contractors or owner-buildings, if applicable, to obtain permits for all mechanical, plumbing and electrical work;
· Requires water service and wastewater service to be properly connected to functioning water service and sanitary sewer or septic system. If functioning service is not feasible, other temporary water/wastewater services may be approved by the Pinellas County Health Department;
· Allows one temporary housing unit (or two in the case of a two-family dwelling) on single-family/two family property if dwelling is declared uninhabitable; waives setback requirements for temporary unit; precludes temporary unit from extending into conservation/drainage easements, floodways or preservation areas; allows in right-of-way if jurisdiction permits it; and allows unit to extend onto adjacent property with authorization from the adjacent property owner; and limits temporary housing to be in place for 12 months or until certificate of occupancy is issued following the repair or replacement of damaged residence;
· Allows two temporary housing units on parcels zoned for multi-family or non-residential purposes; prohibits such units on parcels designated Preservation or other similar zoning designations or on environmental lands owned/managed by the County, or in the Special Flood Hazard Areas/coastal storm area; waives setback requirements; allows such units in right-of-way if jurisdiction permits it; adjacent property owner can allow units to extend onto their property with appropriate authorization; and limits temporary housing unit permit for 12 months, unless an appropriate extension is granted; and
· Allows community sites (those which accommodate more than 2 temporary housing units) in any zoning district except Preservation and areas outside of special flood hazards areas/coastal storm area (the suitability of such sites will be prioritized based on criteria to be established by the County in conjunction with the municipalities); discourages the location of community sites on properties supporting industrial/employment generating uses due to the importance of getting businesses operational; requires authorization from the City Manager to establish a community site; requires a concept plan to be submitted and approved for community sites housing more than 10 temporary housing units; requires compliance with minimum setback requirements of the respective zoning district, unless otherwise approved by the municipality; and limits temporary housing unit permit for 12 months, unless an appropriate extension is granted.
In order to provide a consistent post-disaster regulatory framework to assist FEMA with relief efforts, the Planning and Development Department and the Division Chief of Emergency Management recommend the City be subject to the countywide temporary emergency housing ordinance. Staff further recommends that Community Development Code Section 3-2103.N be revised to reference the County ordinance so it is clear to residents and future staff that the City operates under the countywide ordinance. If City Council desires to opt out of the countywide ordinance the Planning and Development Department recommends that Section 3-2103.N be revised and customized for Clearwater but modeled after the countywide ordinance to make countywide relief easier and more efficient.
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