2023-O-12 - Chapter 8 - Emergency Housing ORDINANCE NO.2023-0-12
AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER,
FLORIDA, AMENDING CHAPTER 8 (COMPREHENSIVE
EMERGENCY MANAGEMENT PLAN AND DISASTER
PREPAREDNESS), OF THE CODE OF ORDINANCES BY
ADDING SECTION 8-19(EMERGENCY HOUSING); PROVIDING
FOR THE PLACEMENT OF MOBILE HOMES, TRAVEL
TRAILERS, AND OTHER APPROPRIATE SHELTER IN
RESIDENTIAL AREAS AND COMMERCIAL AREAS AS
TEMPORARY ALTERNATIVE HOUSING; PROVIDING FOR A
HOUSING EMERGENCY DECLARATION; PROVIDING FOR
REGULATORY PROVISIONS; PROVIDING COMPREHENSIVE
PLAN AND AMENDMENTS WHERE NECESSARY FOR
IMPLEMENTATION; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY; AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, because of the existing and continuing possibility of the occurrence of natural or
manmade disasters or emergencies and destruction of housing stock resulting therefrom, and in order to
ensure the readiness of the City of Edgewater to adequately deal with the loss of housing stock, it is
desirable that City Council implement a program to augment impaired housing stock by allowing, on a
temporary basis, supplemental housing in zoning categories and land use categories that traditionally do
not allow such housing alternatives and under conditions that are not otherwise permitted under the
existing land development code; and
WHEREAS, the coordination of implementation of this ordinance will be facilitated by
amendment of the local comprehensive plan to allow alternative housing on a tempo kary and
supplemental basis.
NOW THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater,
Florida:
PART A. AMEND CHAPTER 8 (COMPREHENSIVE EMERGENCY
MANAGEMENT PLAN AND DISASTER PREPAREDNESS) OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA BY ADDING SECTION 8.19
(EMERGENCY HOUSING).
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Chapter 8 (Comprehensive Emergency Management Plan and Disaster Preparedness) is amended
by adding Section 8-19 (Emergency Housing) pursuant to Exhibit "A", which is attached and
incorporated herein.
PART B. CONFLICTING PROVISIONS
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance are
hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person. property or
circumstance.
PART D. EFFECTIVE DATE
This ordinance shall take effect upon adoption.
PASSED.-AN1D�JL�Y ADOPTED this�day of Qw!,t.' . 2023.
Diezel DePew, ;Mayor
ATTIE6�Y.
Bonnie Zlotnik,IG4C,City Clerk
Passed on first reading on theq't the-1'tday ofIt; ,2023
REVIEWED AND APPROVED:
tiWolfe,Lityl-Atorney
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EXHIBIT"A"
Section 8-19: EMERGENCY HOUSING
Section8-19.1 DECLARATION OF HOUSING EMERGENCY
a. Activation Upon declaration of a state of local emergency pursuant to Section 8.4 above, and during
the pendency thereof,the City Council, as a part of the original declaration or at any time during the
duration of a declared state of local emergency, may declare a state of housing emergency for all or
any part of the City of Edgewater.
b. Areas Embraced Any declaration of Housing Emergency under this section must define the
boundaries of all areas subject to the terms of this Section 8-19.
c. Termination
1. A declaration of Housing Emergency survives the termination of any state of local emergency
declared under Section 8.4 and may only terminate, in whole or in part, by formal action of the
City Council.
2. Partial Termination. On its own initiative or upon petition by the governing body of a
municipality, and based on findings regarding the status of housing stock in the areas being
considered, the City Council may amend the Housing Emergency Declaration resolution to
expand or contract the areas embraced.
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 Council is warranted to amend or terminate the Declaration.
d. Effect of a Housing Emergency Declaration Upon the declaration of a Housing Emergency, the
provisions of Section 8-19 become applicable in all the areas embraced by the Housing Emergency
Declaration. If a Disaster Housing Plan is adopted as a part of the City's Comprehensive Emergency
Management Plan, all actions pursuant to Section 8-19 shall be consistent with that Disaster Housing
Plan.
Section 8-19.2: REGULATORY PROVISIONS
a. Definitions:
1. Community Sites: Option for temporary housing when extensive construction and building of an
entire community, including such things as building roads; laying water, sewer, electrical, and
telecommunications lines; and arranging for public transportation, police, fire, and emergency
medical services, is involved.
2. 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,
and water and wastewater treatment services.
3. Owner-Builder: Owners of property when acting as their own contractor and providing direct,
onsite supervision themselves 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.
4. Pre-Fabricated Dwelling: A unit that is factory built or built on site from modular parts and
generally does not have wheels(for example,"Katrina"cottage).
5. 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.
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6. Temporary Housing: Temporary accommodations for individuals or families whose homes are
made uninhabitable by an emergency or a major disaster that 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.
7. Temporary Housing Unit: Manufactured housing, recreational vehicle, travel trailer, or pre-
fabricated dwelling.
8. 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.
b. 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 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 parcel allowing a duplex(two family) residence.
1. A permit for a temporary housing unit must be obtained through the Building Department.
2. The permit for a temporary housing unit shall be issued for no more than eighteen (18) months.
Permit extensions may be allowed as warranted.
3. A maximum of one(1)temporary housing unit(or two (2) in the case of a two-family residence)
will be allowed on an existing home site provided:
i. The home located on the site has been declared uninhabitable by the City Building
Official or designee.
ii. 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 codes in
effect at the time. However, if connection to a functioning service is not feasible, other
water and wastewater services may be utilized subject to Volusia County Health
Department approval.
iii. 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 or onto any adjacent property.
iv. Electrical service must be available on site and have a proper connection for a temporary
housing unit.
V. 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. The use of a temporary housing unit in a zoning district where such use is prohibited prior to the
declaration of the housing emergency shall cease no later than eighteen (18) months after the
date of the issuance of the temporary housing building permit,unless an appropriate extension of
the temporary permit has been granted.
c. Multi-Family Residences and Non-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 regardless of the property's zoning and/or Comprehensive
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/,Moll Future Land Use designation, exclusive of detached, single-family residential and two-family
residential properties, given the following conditions:
1. A permit for a temporary housing unit must be obtained through the Building Department.
2. The permit for a temporary housing unit shall be issued for no more than eighteen (18)
months. Permit extensions may be allowed as warranted.
3. A functioning public water and wastewater services shall be utilized if feasible. However, if
connection to functioning public services is not feasible, other water and wastewater services
may be utilized subject to Volusia County Health Department approval.
4. Electrical service must be available on site and have a proper connection for a temporary
housing unit.
5. Only a licensed contractor 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.
6. 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 or onto any adjacent property.
7. The use of a temporary housing unit in a zoning district where such use is prohibited prior to
the declaration of the housing emergency shall cease no later than eighteen(18) months after
the date of the issuance of the applicable building permit, unless an appropriate extension of
the building permit has been granted.
d. Community Sites. 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 in a
community site regardless of the property's zoning and/or Comprehensive Future Land Use
designation, exclusive of detached, single-family residential properties, subject to the following
conditions:
1. Authorization from the City Manager must be provided before arranging for the
establishment of temporary housing in a group setting.
2. The community site may be, but is not limited to, an existing mobile home park with
available pads, a recreation site,or vacant land that can accommodate temporary housing that
may be built from the ground up as a community site.
3. A Concept Plan for the community site shall be approved by the Development Services,
Planning & Zoning Division prior to the issuance of permits for locating temporary housing
units on the community site.
4. Permits must be obtained for the temporary housing units through the Building Department.
5. The permit for a temporary housing unit shall be issued for no more than eighteen (18)
months. Permit extensions may be allowed as warranted.
6. Functioning public water and wastewater services shall be utilized if feasible. If connection
to functioning public services is not feasible, other water and wastewater services may be
utilized subject to Volusia County Health Department approval.
7. Minimum setbacks shall be in compliance with the host parcel's zoning designation.
8. If no pavement is in place, all vehicular drives and parking areas shall at least be surfaced
with shell, gravel or similar material to control dust.
9. The use of a temporary housing unit in a zoning district where such use is prohibited prior to
the declaration of the housing emergency shall cease no later than eighteen (18) months after
the date of the issuance of the applicable building permit, unless an appropriate extension of
the building permit has been granted.
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Section 8-19.3: Implementation through Comprehensive Plan ,may
The City of Edgewater Comprehensive Plan shall be reviewed and amended as necessary to facilitate the
implementation of the requirements of Section 8-19.2.
Section 8-19.4: Areas Embraced
Pursuant to Section 2.01 of the City of Edgewater Charter, this ordinance shall be effective in the
incorporated areas of the City of Edgewater.
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