HomeMy WebLinkAbout2004-212DThis document was prepared by
and ahouid be retiurn^d to
the County Attorney',4 office,
1840 25th St., Vero Leach,
•
ORIG INAL
FloridNbM RIVER COUNTY EMERGENCY ORDER 2004-04
0 7X0
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, 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
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 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 10, 2004, to provide rules for the approval of temporary structures for storm
recovery, and to delegate approval authority temporary structures for storm recovery to the
Community Development Director or his designee solely from the period commencing
September 14, 2004 and ending November 10, 2004,
NOW, THEREFORE, this Emergency Order is issued declaring that, solely from
the period commencing September 14, 2004 and ending November 10, 2004, the
following rules shall apply to temporary structures for storm recovery:
1575747
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 1781 PG:1165, Pagel of 3
09/15/2004 at 11:04 AM,
JEFFREY K BARTON, CLERK OF 1
COURT
A.
r Single Family lots and Mobile
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 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-up permit" from the Bui
• Temporary use must cease upon completion of home repairs 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 back 10' from
property lines (front, rear or side).
3. All other approvals (health department, utilities, building) must be
obtained.
4. Use must cease upon completion of home repairs or by 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 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),
it" from the Building D
K
K
,
• 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 home 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 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.
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 November 10, 2004, unless further extended by subsequent Emergency Order.
DONE AND ORDERED this 14th day of September, 2004.
Baird
�ndian River County Administrator
and Indian River County Emergency
Services District Director
r •
3