This Article shall hereafter be known and referred to as the "Gulf County RV Ordinance."

(Ord. No. 2021-08, § 1, 7-20-2021)

The purpose of this Article is for future public health and safety following the devastating effects of Category 5 Hurricane Michael and similar weather events and to prohibit the uncontrolled use and placement of recreational vehicles throughout Gulf County, and to prohibit recreational vehicles as single family dwellings as the term is utilized in the definition of "Recreational Vehicle" and as a "Dwelling Unit" within the areas comprising the Hurricane Prone Regions and Wind-Borne Debris Regions of Gulf County referred hereinafter as "Coastal Construction Corridor" or "Corridor", including all as defined below.

(Ord. No. 2021-08, § 3, 7-20-2021)

The Gulf County Land Development regulations relating to definitions is hereby amended to include the following:

Accessory Structure. A structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.

Accessory Use. A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.

Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animals, process, equipment, goods or materials of any kind or nature. All buildings are structures.

Coastal Construction Corridor and/or Restrictive Coastal RV Areas. Gulf County - As structured and defined by the 2010 Florida Department of Environmental Protection (DEP) Coastal Construction Control Line (CCCL) in conjunction and consideration of the Florida Building Code and high risk areas are combined to create the Gulf County Coastal Construction Corridor for purposes of this Article and defined as: the areas most vulnerable along the Gulf of Mexico coastline tracking the same lines of the DEP's CCCL and where the basic wind speed for Risk Category II buildings is greatest (greater than 130 mph (48 m/s). Fla. Building Code 1609.2. Further, those areas within this hurricane-prone region located south of the Intracoastal water system that are within 1 mile (1.61 km) of the Florida DEP Coastal Construction Control Line shall also be defined as the Gulf County Coastal Construction Corridor and commonly referred to and referenced for purposes of this Article as the "Restrictive RV Zone(s)".) (See attached map for defined Gulf County Restrictive RV Zone)

Dwelling. A structure or portion thereof which is used exclusively for human habitation.

Dwelling Unit. One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit, for the exclusive use of a single family maintaining a household, and located on a single lot or platted parcel of land.

Gulf County Restrictive Coastal RV Zone. See definition of Coastal Construction Corridor above.

Lot. A designated parcel, tract or area of land established in the County's Official Record Books, Miscellaneous Map File Book, by recorded plat, by unrecorded plat on file in the Gulf County HRS Public Health Unit, or as otherwise allowed by law, to be used, developed or built upon as a unit and has been assigned the proper parcel identification number by the Gulf County Property Assessor's office. Use of "lot" throughout the ordinance language is hereby interchangeable and synonymous with "parcel" identically defined below.

Manufactured structures. A building/structure transportable in one or more sections designed to be used either with a self-contained foundation or a permanent foundation, when set up with or without utilities. The term shall also include storage buildings, park trailers, travel trailers, and similar transportable structures such as mobile homes and recreational vehicles placed on a lot or parcel of land.

Parcel. A designated parcel, tract or area of land established in the County's Official Record Books, Miscellaneous Map File Book, by recorded plat, by unrecorded plat on file in the Gulf County HRS Public Health Unit, or as otherwise allowed by law, to be used, developed or built upon as a unit and has been assigned the proper parcel identification number by the Gulf County Property Assessor's office. Use of "parcel" throughout the ordinance language is hereby interchangeable and synonymous with "lot" identically defined above.

Non-Dwelling Unit/Structure. Any structure or building not designed or intended to be used as a dwelling unit including pre-built sheds, pole barns, free-standing canopies, etc.

Recreational Vehicle or "RV." A vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodations for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailer and self-propelled homes. For purposes of this Article, an RV is not considered a Risk Category II building or structure "single family dwelling" under the Florida Building Code. RVs in Gulf County shall be defined herein as a Risk Category I structure and nature of the occupancy. Fla. Building Code 1604.5

RV Park. A development that is designed to accommodate RVs on dedicated sites (authorized by both the State of Florida and Gulf County) either through short or long term rental not to exceed 180 consecutive days.

RV Subdivision. A development that contains platted lots designed to accommodate RVs either through lease or individual ownership of a platted lot.

RV and Mobile Home Parks/Subdivisions are strictly regulated and controlled by Florida Statutes and Florida Department of Health and must meet all proper regulations as well as remain in compliance with these County regulations.

Structure. A combination of materials to form a construction for use, occupancy or ornamentation whether installed on, above, or below the surface of the land or water. Not all structures are buildings.

(Ord. No. 2021-08, § 4, 7-20-2021)

A)

RV Regulations within the unincorporated areas of Gulf County: RVs located within the unincorporated areas of the County outside the Coastal Construction Corridor (Unrestricted Coastal RV Zones) shall be permitted throughout the County in accordance with the terms set forth by the Gulf County current (8/27/2019 LDR's Section 3.02.04 and summarized as follows:

1)

One (1) RV per lot/parcel.

2)

Lot/parcel coverage by RV and accessories is not to exceed 30% impervious area.

3)

Lot/parcel with RV must allow for two (2) parking spaces per lot. Parking on any right-of-way is strictly prohibited for consideration in RV requirements.

4)

All RVs must meet standard building setbacks.

5)

All RVs must comply with all existing Gulf County LDR and Comprehensive Plan guidelines and requirements.

B)

RVs Regulations specifically within the defined Coastal Construction Corridors/Restrictive Coastal RV Zones: RVs permitted within the defined Coastal Construction Corridors (Restrictive Coastal RV Zones) shall be bound to all regulations stated above and comply with the following additional restrictions:

1)

Recorded property owners of parcel or lot within the Coastal Construction Corridor prior to adoption of this Article shall be grandfathered to continue their existing use of property for Recreational Vehicles with the following conditions met:

-

Continue to meet all requirements under Section 12.00.03.A) and current Gulf County LDR guidelines

-

Mandatory evacuation of all RVs within this Restrictive RV Zone within 48 hours of Gulf County Declaration of Local State of Emergency for either wind, storm or flood events.

2)

Grandfathered "use" protection: individual title to the parcel prior to the prohibited use restriction shall terminate for the defined existing owners upon any one of the following:

-

Sale or any transfer of ownership from current individual named title owner(s) (joint tenancy as well as one or both named spouses shall be considered permissible individual ownership; transfer through estate to direct child of permitted user; permitting to a corporate entity or trust shall be strictly prohibited); or

-

Owner's death shall extinguish the grandfather provision for the parcel (pre-existing lawful spouses excluded); or

-

Owner's failure to comply with mandatory removal of RV from Corridor within 48 hours of declaration of Local State of Emergency by Gulf County due to a wind, storm or flood threat. Owner shall be permitted to complete the calendar year under which they received the grandfather exception and thereafter prohibited through proper restriction and regulation defined by this Article.

Exceptional circumstances:

3)

RVs located on a lot/parcel within the Corridor that are being stored and not occupied and that are located on the same lot/parcel as the occupied principal dwelling unit are permitted under these exceptions year round with proper and continual compliance of County and or State registration, permitting, mandatory evacuations and Section 12.00.03.A) guidelines above.

4)

The following additional exceptional RV uses shall apply for residential RV use within the Coastal Construction Corridor/Restrictive Coastal RV Zones through application to the Gulf County Planning Department for extended occupancy and final approval of the County Commission following consideration of the Planning Development and Review Board ("PDRB"):

(i)

Construction Periods - The use and occupancy of an RV within the Coastal Construction Corridor during construction or repair of a primary dwelling unit and/or business shall be afforded consideration by the PDRB and approval of the Commission for up to 180 consecutive days and renewable upon re-application thereafter.

(ii)

Emergency Periods - The use and occupancy of RVs as a dwelling unit during disaster recovery (fire, weather event, etc.) and family medical emergencies (i.e. visiting Gulf County and residing in RV while family member is in care of area hospital) shall be afforded consideration by the PDRB and approval of the Commission for up to 180 consecutive days and renewable upon re-application thereafter.

(iii)

Hardship Exemptions - The owner of both the same lot/parcel and RV within the defined Restricted Coastal Areas may upon application, seek a hardship exemption other than that defined under Section 12.00.03 above and specifically Section 12.00.03.B)1) Restrictive Coastal Areas restrictions for the permitted use and occupancy with the Restricted RV Zone for no greater a period of 180 consecutive days after review by the PDRB and final approval of the Commission upon findings that:

-The named applicant is the same of both the parcel/lot and the proposed occupied RV; and

-A substantial hardship is demonstrated; and

-The exemption will be consistent with the intent and purpose of the Gulf County LDR and Comprehensive Plan guidelines and requirements as well as the clauses and findings stated above seeking to balance and preserve public safety, property rights and coastal property protection; and

-The application of Section 12.00.03.B)1) Coastal Construction Corridor restrictions on the established lot/parcel and RV owner would be significantly outweighed by the demonstrated hardship and deleterious impacts to the applicant; and

-Upon an applicant demonstrating to the County that a hardship is created by the requirements to comply with the ordinance and that relatively little impact will occur from the exemption, then they may be permitted upon proper application, notice, hearing and consideration of the PDRB and final approval of the County Commission to maintain continuous and uninterrupted ownership, use and occupancy for up to 180 consecutive days; and

-The hardship exemption shall cease and terminate immediately upon the sooner of either the removal of the hardship or the expiration of the days granted by the County Commission

C)

Miscellaneous provisions

1)

All RVs within Gulf County Coastal Construction Corridor/Restrictive Coastal RV Zones (exclusive of those temporary stays withing RV Commercial Parks within the Zone) shall be registered annually and receive a permit from the County for display. The issued permit shall be prominently displayed by the RV owner and clearly visible to County officials.

2)

RV registration, application and permit fees shall be adopted annually upon recommendation and consult by the Commission with the following: County Administrative Staff, Planning and Building Department staff and County Code Enforcement officials.

3)

Annual County registration and filing of all RVs shall include disclosure of consistency in ownership status for continued grandfather exemption.

4)

Any and all rentals of commercial RV locations throughout the entire County shall be subject to Bed Tax Regulations under Florida Statute 125.0104 and Gulf County Ordinance 2012-03 if applicable to short term stay.

5)

Personal use shall be strictly enforced within the restricted RV zone and commercial rental of parcel/lots for RV rental use is prohibited and deemed to violate the provisions and intent of this Article without prior exemption and commercial rental approval. The RV zone exemptions and grandfathered use is for documented and registered exclusive personal RV or commercial rental use on the owner's parcel/lot.

(Ord. No. 2021-08, § 6, 7-20-2021)

A)

Gulf County Commission is authorized to enforce this Article and may follow the established procedures and schedule of violations and penalties set forth below to be assessed by county code enforcement officials through its established Special Magistrate hearing procedure and in accordance with F.S. 125.69:

B)

Violation of any provision of this Article shall be subject to the following penalties in addition to the loss of existing grandfather exemptions under 12.00.03.B)2):

First violation: $100.00 fine; $50.00 per day thereafter

Second violation: $500.00; $100.00 per day thereafter

Third violation: Fine not to exceed $500.00 pursuant to F.S. § 162.22. and may be sentenced to a definite term of imprisonment, not to exceed 60 days, in a municipal detention facility or other facility authorized by law.

C)

Each violation of this Article shall constitute a separate offense. In the initial stages and implementation of this Article (implementation period not to exceed August 1, 2021), code enforcement officials may provide violators with no more than one (1) written warning.

D)

The County shall reserve its rights to such civil remedies in law and equity as may be necessary to ensure compliance with the provisions of the section of this Article, including but not limited to injunctive relief to enjoin and restrain any person from violating the provisions of this Section of this Article and to recover such damages as may be incurred by the implementation of specific corrective actions.

(Ord. No. 2021-08, § 7, 7-20-2021)