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Proposed Emergency Ordinance Pertaining to Placement of Temporary Shelters on Residential Property Following Declared State of Emergency
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BRIEF OVERVIEW
Hurricane Helene caused extensive damage to hundreds of residences in Hernando County, and as a result, many Hernando County residents will be in need of temporary shelter for extended periods. Presumably, trailers and RV’s will constitute a large percentage of the temporary shelters.
Hernando County Code, Appendix A, Article III, Section 3(E), governs the placement of trailers and RV’s on residential properties. That provision, however, does not provide for the placement of trailers and RV’s on residential properties as temporary shelters following a natural disaster.
Chapter 2023-304, Laws of Florida, as codified at Fla. Stat. § 125.023, preempts local governments from prohibiting the use of a temporary trailer or RV as a temporary shelter for a period of up to 36 months following a declared State of Emergency for a property owner who has shown a good faith effort to rebuild his or her permanent structure. Good faith effort would include, but may not be solely limited to, obtaining a construction loan, furnishing building plans, or obtaining a building permit for the reconstruction.
The proposed ordinance would incorporate Fla. Stat. § 125.023’s requirements into Hernando County’s Land Development Regulation’s (LDR’s) with an outlined permitting process to allow a final decision to be made by the administrative official. The adoption of the proposed ordinance will allow County residents to obtain temporary shelter quickly and without having to comply with the County’s existing, more restrictive trailer/RV placement requirements. It would also bring the County’s LDR’s into compliance with state law.
This ordinance is brought under the emergency enactment procedure in Fla. Stat. § 125.66(4), with a waiver of the notice requirements of Fla. Stat. § 125.66(2) and the economic impact statement requirements of Fla. Stat. § 125.66(3). As an emergency ordinance, the Board will have to approve this ordinance by a supermajority vote.
FINANCIAL IMPACT
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LEGAL NOTE
The Board has the authority to approve this ordinance pursuant to Fla. Stat. §§ 125.01 and 125.66(4).
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RECOMMENDATION
It is recommended that the Board enact the proposed ordinance.