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Home My WebLink About2004-212J t BOARD OF COUNTY COMMISSIONERS This ccuee&xt w prepared byAnd �I F; viY �.+ i { nirvs ' 1594709 C THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK : 1806 PG : 21 , Pagel of 4 nw1da 11 /29/2004 at 02 :01 PM , JEFFREY K BARTON ; CLERK OF COURT SECOND AMENDED AND RESTATED * 0 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 ( Emergency Management) 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 Management ) declared that a state of emergency exists in the State of Florida for sixty (60 ) days from September 1 , 2004 , unless extended ; and WHEREAS , EXECUTIVE ORDER NUMBER 04 -206 ( Emergency Management) 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 Management) dated September 24 , 2004 , extended the state of emp. rgency that exists in the State of Florida for sixty (60 ) days from September 24 2004 that is , until November 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 formal action by emergency rule or order in accordance with Sections 120 . 54 (4 ) and 252 . 46 (2 ) , Florida Statutes , to the extent that such actions are needed to cope with this emergency ; and WHEREAS , by operation of law , the aforementioned EXECUTIVE ORDERS , Florida Statutes sections 252 . 36 , 252 . 38 , and 252 . 46 , and Indian River 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 " 1 r i of Indian River County has the authority to issue orders and rules during the period of the declared emergency , and has delegated the ability to issue Emergency Orders , 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 , and the continuing necessity of the residents of Indian River County to have temporary housing available and located in Indian River County in close proximity to the permanent residences of such residents during the extended repair of permanent residences Indian River County desires , solely from the period commencing September 14 , 2004 and ending January 31 , 2005 NovembeF 24 , 2004, subject to the self-executing extension set forth herein , to provide rules for the approval of temporary structures for storm recovery , and to delegate approval authority for temporary structures for storm recovery to the Community Development Director or his designee solely from the period commencing September 14, 2004 and ending January 31 , 2005 , subject to the self- executing extension set forth herein . November—24, 2004 , NOW, THEREFORE , this Emergency Order is issued declaring that , solely from the period commencing September 14 , 2004 and ending January 31 , 2005 , NevembeF24 , 2804, subject to the self-executinq extension set forth herein 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 home repairs or by December 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-up permit" from the Building Division . • Temporary use must cease upon completion of home repairs or by December 31 , 2005L.MaFGh 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 4 2 . The temporary modular or mobile home must be set back 10 ' from property lines (front , rear or side ), except for non-conforming lots and corner lots. For non-conforming lots and corner lots the community development director or his designee may waive or reduce the 10 ' setback requirement. 3 . All other approvals ( health department , utilities , building ) must be obtained . 4 . Use must cease upon completion of home repairs or by December 31 , 2005 . E 3895 whichever occurs first , unless extended by the community development director or his designee for good cause shown . B . Temporary Commercial Structures ( Including Industrial Multi - Family Church Private School sites : Temporary Modular or Mobile Structures are allowed based on the following guidelines : • Modular or mobile structures require planning approval through the Planner-of-the- Day for a Temporary Use Permit (TUP ) . • Must obtain a " set-up permit" from the Building Division . • 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 heme building repairs or by December 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 sides . 3 . Temporary modular or mobile structures can be located within the parking lot provided that no more than 30 % of the required parking is occupied by the modular structure . 3 ( M 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 . 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 January 31 , 2005 NeyembeF 24,- 2004 , subject to the self-executing extension set forth herein , unless further extended by subsequent Emergency Order, DONE AND ORDERED this 22nd day of November, 2004 . n (n -L\ n n ACILMD seph A . Baird than River County Administrator nd Indian River County Emergency Services District Director changes from original and first amended Emergency Order 2004 - 04 indicated in the margin and in underlined italics for insertions and by strike4hrough for deletions 4