HomeMy WebLinkAbout2004-212I -B'OARD OF COUNTY COMMISSIONERS �� r *Z .T
158201
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
.0 BK : 1789 PG : 1498 , Pagel of 4
10/ 13/2004 at 02 : 50 PM ,
ORIGINAL JEFFREY K BARTON , CLERK OF
�lORIOp' COURT
AMENDED AND RESTATED
INDIAN RIVER COUNTY EMERGENCY ORDER 2004 = 04
RULES FOR TEMPORARY STRUCTURES FOR STORM RECOVERY]
HURRICANE FRANCES AND HURRICANE JEANNE
WHEREAS , EXECUTIVE ORDER NUMBER 04 - 192 ( EmergencyManagement )
was issued by Jeb Bush , the Governor of the State of Florida on September 1 , 2004 that
declared that Hurricane Frances , alone and in combination with the destruction by
Hurricane Charley , threatens the State of Florida with a catastrophic disaster; and
WHEREAS , EXECUTIVE ORDER NUMBER 04- 192 ( Emergency anagement)
declared that a state of emergency exists in the State of Florida for sixty ( 0 ) days from
September 1 , 2004 , unless extended ; and
WHEREAS , EXECUTIVE ORDER NUMBER 04 -206 ( EmergencyManagement )
dated September 10 , 2004 , extended the state of emergency that exists in the State of
Florida for sixty ( 60 ) days from September 10 , 2004 , that is , until November 10 , 2004 ,
unless further extended ; and
WHEREAS EXECUTIVE ORDER NUMBER 04 -217 ( Emergency ana ement )
dated September 24 2004 extended the state of emergencV that exists in the State of
Florida for sixty 60 days from September 24 2004 that is until Novemb r 24 2004
unless further extended ; and
WHEREAS , Section 8 of each of the aforementioned EXECUTIVE ORDERS found
that the special duties and responsibilities resting upon some state , regional and local
agencies and other governmental bodies in responding to the disaster may require them to
deviate from the statutes , rules , ordinances , and orders they administer, and therefore
gave such agencies and other governmental bodies the authority to take for al action by
emergency rule or order in accordance with Sections 120 . 54 (4 ) and 252 . 4 (2 ) , Florida
Statutes , to the extent that such actions are needed to cope with this emergen y ; and
WHEREAS , by operation of law , the aforementioned EXECUTIVE ORDERS ,
Florida Statutes sections 252 . 36 , 252 . 38 , and 252 . 46 , and Indian R ver County
Resolutions 2004 - 95 and 2004 — 096 , the Indian River County Board of County
Commissioners sitting as the Board of Commissioners of the Emergency Services District
of Indian River County has the authority to issue orders and rules during the eriod of the
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declared emergency, and has delegated the ability to issue Emergency Crders, and to
amend previously issued Emergency Orders as required , for Indian River County to the
County Administrator,
WHEREAS , due to the declared state of emergency as set forth above , Indian River
County desires , solely from the period commencing September 14, 2004 and ending
November 24" 40, 2004 , to provide rules for the approval of temporary structures for storm
recovery, and to delegate approval authority for temporary structures for stomi recovery to
the Community Development Director or his designee solely from the period
commencing September 14, 2004 and ending November 24, 40, 2004 ,
NOW, THEREFORE , this Emergency Order is issued declaring that , solely from
the period commencing September 14 , 2004 and ending November 24, 14, 2004 , the
following rules shall apply to temporary structures for storm recovery :
A . Temporary Residential Structures for Single Family lots and Mobile Home lots :
1 . RVs are allowed to park in driveways or yards but shall not be parked in
easements .
• No planning or building approval needed .
• Temporary use of RV must cease upon completion of horne repairs or
by March 31 , 2005 , whichever occurs first , unless extended by the
community development director or his designee for good cause
shown .
2 . Temporary Modular or Mobile homes on Single Family lots :
• Planner-of-the- Day ( POD ) sign -off required .
• Must obtain a " set-upermit" from the Building Division .
• Temporary use must cease upon completion of home iepairs or by
March 31 , 2005 , whichever occurs first .
The following criteria apply to temporary modular homes :
1 . The temporary modular or mobile home cannot be placed in an
easement or right-of-way .
2 . The temporary modular or mobile home must be set bcoick 10 ' from
property lines (front , rear or side ) except for non-con rmin lots
and corner lots. For non-conforming lots and corf er lots the
community development director or his desi neem iv waive or
reduce the 10 ' setback requirement.
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3 . All other approvals ( health department , utilities , build ng ) must be
obtained .
4 . Use must cease upon completion of home repairs or y March 31 ,
2005 , whichever occurs first , unless extended by the community
development director or his designee for good cause shown .
B . Temporary Commercial Structures ( Including Industrial Multi- FamilV , LChurch
Private School sites ) :
Temporary Modular or Mobile Structures are allowed based on the following
guidelines :
• Modular or mobile structures require planning approva through the
Planner-of-the- Day for a Temporary Use Permit (TUP ) .
• Must obtain a " set-upermit" from the Building Divis on .
• All modular structures and mobile homes must be approved by the
certifying authority ( DCA or HUD ) for the proposed use ( i . e . office ,
place of assembly etc) .
• Temporary use must cease upon completion of homebuIlding repairs
or by March 31 , 2005 , whichever occurs first , unless extended by the
community development director or his designee for good cause
shown .
The following criteria apply to the POD sign -off for commercial TUP review
1 . The modular or mobile structure cannot be located in an easement or
right-of-way .
2 . The temporary modular or mobile structure can be located in setbacks
provided it does not conflict with required landscape areas . The
minimum setbacks are 10 ' front and rear and 4 ' on the sid as .
3 . Temporary modular or mobile structures can be located within the
parking lot provided that no more than 30 % of the requireld parking is
occupied by the modular structure .
4 . Temporary modular or mobile structures can be located on an
adjacent vacant or occupied site if the adjacent site is properly zoned ,
designed to accommodate the temporary use , and if authorization
from the property owner is provided .
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5 . The time frames for modular or mobile structures are., limited to 6
months from the date of the permit issuance or completion of
commercial reconstruction , whichever occurs first .
THIS EMERGENCY ORDER is effective from September 14 , 2004 and will expire at 5 : 00
P . M . on November .24.4-9, 2004 , unless further extended by subsequent Emergency
Order.
DONE AND ORDERED this If day of October, 2004 nunc Pro tunift 14th day of
September, 2004 .
seph . Baird
I dian River County Administrator
nd Indian River County Emergency
Services District Director
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changes from ori incl Emeraency Order 2004 - 04 indicated in
the margin and in underlined italics for insertions and b strike-
through for deletions
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