HomeMy WebLinkAboutCity of Tamarac Ordinance O-2013-012Temp. Ordinance No. 2283
May 9, 2013
1 St Revision 06/18/2013
Page 1 of 7
CITY OF TAMARAC, FLORIDA
ORDINA
NCE NO. 2013 /9.
-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 5,
ENTITLED "BUILDINGS AND BUILDING REGULATIONS,"
OF THE CITY OF TAMARAC CODE OF ORDINANCES BY
ADOPTING A NEW ARTICLE XII, ENTITLED,
"EMERGENCY TEMPORARY HOUSING," TO PROVIDE
FOR THE USE OF TEMPORARY HOUSING DURING
DECLARED HOUSING EMERGENCIES; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City, under its Home Rule authority, has the authority to regulate
housing within the City of Tamarac; and
WHEREAS, in the event of a natural or man-made disaster or emergency, the
City Commission finds that it will be in the best interest of the health, safety, and welfare
of the citizens of the City of Tamarac to allow for the use of temporary housing; and
WHEREAS, the City
Commission finds
that
the
use of
temporary housing
requires proper permitting
and regulation in
order
to
insure
that residents and
neighborhoods are protected during the time of an emergency; and
WHEREAS, the City Commission finds that the adoption of these ordinance
provisions is in the best interest of the health, safety, and welfare of the residents of the
City of Tamarac.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AS FOLLOWS:
Temp. Ordinance No. 2283
May 9, 2013
1" Revision 06/18/2013
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Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
Section 2. That Chapter 5, "Buildings and Building Regulations", of the City of
Tamarac Code of Ordinances be, and the same is hereby amended by enacting a new
Article XII, entitled "Emergency Temporary Housing", to read as follows:
ARTICLE XII. Emergency Temporary Housing
Section 5-400. Housing Emergency Declaration
(a) Activation. Upon declaration of a state of emergency by the City Commission,
and during the pendency thereof, the City Commission, as a part of the original
declaration or at any time during the duration of a declared state of emergency, may
declare a state of housing emergency for all or any part of the City of Tamarac.
(b)
Areas Embraced.
Housing
Emergency Declaration
must define the
boundaries
of all
areas subject to the
terms of
this Section. The areas
embraced may
include the
entire area of the City, or any part thereof.
(c) Termination
(1) A Housing Emergency Declaration survives the termination of the
Declaration of Emergency, and may only terminate, in whole or in part, by
formal action of the City Commission to amend or terminate the areas
embraced by the Emergency Housing Declaration.
(2) Partial Termination. Through the adoption of a resolution, the City
Commissioners may amend the Housing Emergency Declaration to either
expand or contract the areas embraced. The expansion or contraction of
Temp. Ordinance No. 2283
May 9, 2013
1 St Revision 06/18/2013
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the areas embraced shall be supported by findings regarding the status of
the housing stock in the area being considered.
(3) The status of the housing emergency shall be evaluated 90 days after its
declaration and every 90 days thereafter as long as the Housing
Emergency Declaration is in effect to determine if formal action by the City
Commission is warranted to amend or terminate the Declaration.
(d) Effect of a Housing Emergency Declaration. Upon the activation of a Housing
Emergency, the provisions of this ordinance shall become applicable in all the areas
embraced by the Housing Emergency Declaration.
Section 5-401 a
(a) Definitions:
Regulatory Provisions
(1) Essential Services: Services necessary to a basic standard of living and
the general
welfare of
society. Services may include, but
not
limited to the
following:
electrical
services, gas services, water
and
wastewater
treatment services.
(2) Owner -Builder: Owners of property, when acting as their own contractor
and providing direct, onsite supervision themselves of all work performed
not performed by licensed contractors, when building or improving single-
family or two-family residences on such property for the occupancy or use
of such owners and not offered for sale or lease by the owner -builder
within one (1) year after completion of same.
(3) Pre -Fabricated Dwelling: A unit that is factory built or built on site from
modular parts and generally does not have wheels.
3
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(4) Recreational Vehicle: A vehicle built on a single chassis, 400 square feet
or less, designed to be self-propelled or permanently towable by a light
duty truck, and designed as temporary living quarters for recreational,
camping, travel, or seasonal use.
(5) Temporary Housing: Temporary accommodations for individuals or
families whose homes are made uninhabitable by an emergency or a
(6)
(7)
major disaster as per section 5-400 (a) of this ordinance and meets
the physical accessibility needs of the household and includes essential
utilities, access to areas for food preparation, and bath facilities in a
context that allows a family to live together with a reasonable amount of
privacy for a period generally up to 18 months.
Temporary Housing Unit: Manufactured housing,
travel trailer, or pre -fabricated dwelling.
recreational vehicle,
Wrap -Around Services: The delivery of infrastructure and additional
essential services to address disaster -related needs of affected residents
living in community sites. These services go beyond the physical need for
housing or political subdivision. of a State and typically include basic social
services and access to utilities, transportation, grocery stores, and medical
and employment facilities.
Single -Family or Two -Family Residential Parcels. Upon the activation of a
Housing Emergency Declaration and subject to the conditions contained in this Section,
temporary housing units may be used as temporary housing by individuals who have
been displaced from their private, primary residence that is deemed uninhabitable due
to damage from a disaster, given the following conditions. Such primary residence is
Temp. Ordinance No. 2283
May 9, 2013
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defined as a parcel normally designated by the applicable future land use plan map
and/or by the applicable zoning map as being a detached, single family residential
parcel, or a parcel allowing a duplex residence.
(1) A permit for a temporary housing unit must be obtained through the City of
Tamarac Building Department.
(2) The permit for a temporary housing unit shall be issued for no more than
ninety (90) days. Permit extensions may be allowed as warranted up to a
maximum of eighteen (18) months.
(3) A maximum of one (1) temporary housing unit for each housing unit legally
established on the property will be allowed on an existing, home site
provided:
a. The home located on the site has been declared uninhabitable by the
City's Building Official, or his/her designee.
b. The water service .and wastewater service must be properly connected
to a functioning water service and sanitary sewer system or septic
system in accordance with the codes in effect at the time. Howeverf if
connection to a functioning service is not feasible, other water and
wastewater services may be utilized subject to the City's Building
Department approval.
c. Setback requirements will be waived during the duration that the
temporary housing unit is permitted. However, the temporary housing
unit cannot extend into any adjacent public right-of-way, easement, or
onto any adjacent property.
Temp. Ordinance No. 2283
May 9, 2013
1st Revision 06/18/2013
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d. Electrical service to a commercial source (FPL) must be established. If
there is no power available from FPL, the use of a generator will be
allowed until power is restored. The use of the generator shall be
suspended within 7 days of power restoration.
e. Only a
licensed contractor or an
owner -builder
will
be allowed to apply
for a
permit and perform any
work related
to
the connection of
plumbing, electrical and mechanical service systems at the site.
(4) An application for a building permit to repair the residential structure shall
be submitted no later than sixty (60) days after issuance of the temporary
housing permit.
(5) The temporary housing unit must be removed. from the property no later
than thirty (30) days from the date of the issuance of the certificate of
occupancy, or a certificate of completion for the residential structure.
(6) The City of Tamarac Building Department has the right to revoke the
temporary housing permit in the event there exists unsafe or unsanitary
conditions on the property, or in the event the owner does not comply with
the provisions of this Section.
Section 3.
It is the intention of the City Commission of the City of Tamarac that
the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City of Tamarac, Florida, and that the Sections of this ordinance may
be renumbered, re -lettered and the word "Ordinance" may be changed to "Section",
"Article" or such other word or phrase in order to accomplish such intention.
Section 4.
Temp. Ordinance No. 2283
May 9, 2013
1 St ' Revision 06/18/2013
Page 7 of 7
If any clause, section, or other part or application of this Ordinance
shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered as eliminated and so not
affecting the remaining portions or applications remaining in full force and effect.
Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of
Resolutions in conflict herewith be and the same are hereby repealed to the extent of such
conflict.
Section 6.
This Ordinance shall become effective on immediately upon adoption,
as provided by Florida law.
PASSED, FIRST READING this day of �-r�f , 2013.
PASSED, SECOND READING this day of
ATTEST:
PATRICIA,TF.0 L, CP
INTERIM CITY LLE RK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
S,4MUELiS.CGOREN
CITY ATTORNEY
vQa&l 2013.
I I r
• •'
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR TALABISCO
DIST 1: COMM. BUSHNELL
DIST 2: COMM. ATKINS-GRAD
DIST 3: COMM. GLASSER
DIST 4: V/M DRESSLER
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR TALABISCO W__�2
DIST 1: COMM. BUSHNELL
DIST 2: COMM. ATKINS-GRAD
DIST 3: COMM. GLASSER
DIST 4: V/M DRESSLER