(a)

When a disaster has rendered a single-family residence uninhabitable, a mobile home, manufactured home or recreational vehicle may be temporarily permitted on the single-family lot or off-site, subject to the conditions set forth in this division, during rehabilitation of the original residence or construction of a new residence, regardless of zoning district requirements.

(b)

In those instances where the site of the damaged residential structure is not suitable for temporary placement of a recreational vehicle, mobile or manufactured home, the property owner may designate an alternative site, provided that the temporary use can be located on the alternative site in compliance with the locational and setback standards for accessory structures as set forth in section 10-6.803. When an alternative site is proposed, the permit applicant and the owner of the alternative site shall be noted on the required permit application and agreement for removal of the temporary recreational vehicle, mobile or manufactured home.

(Code 1992, § 10-6.502; Ord. No. 07-20, § 2, 7-10-2007; Ord. No. 23-05, § 2, 2-21-2023)

When a disaster has rendered a non-residential structure uninhabitable, a department of community affairs approved manufactured building may be temporarily permitted on-site to allow the enterprise to carry out its activities during the rehabilitation of the original structure or construction of a new structure. Such temporary non-residential structures may be permitted only for use on the site of the damaged structure.

(Code 1992, § 10-6.503; Ord. No. 07-20, § 2, 7-10-2007)

(a)

The Board of County Commissioners may authorize the implementation of this division by resolution or, in the event that a meeting of the Board of County Commissioners cannot be scheduled within one week of a declaration of disaster, the County Administrator or designee may implement the provi-sions of this division upon determining that post-disaster circumstances are such that adequate repair or reconstruction of a significant number of structures in the county or in specific areas of the county will require substantial time to complete.

(b)

After a determination that the implementation of this division is desirable, permits allowing temporary waiver of a nonconformity shall be allowed. Such permits shall be issued only upon the determination of a building official that the original structure is uninhabitable.

(c)

The initial term of the permit allowing a nonconforming structure to remain in use and on-site will be six months from the date of a declaration of state of emergency. If multiple declarations are issued for one disaster, the date of the latest declaration shall govern. After this initial term, should the Board of County Commissioners determine that circumstances are such that safe and efficient reconstruction of damaged properties warrant the extension of the permit period, the board may issue a resolution allowing for a three-month extension of all issued permits. Additional three-month extensions may be granted by the board by resolution.

(d)

Should the board determine that extension of all temporary use permits issued pursuant to this section is not necessary, the board may, by resolution, authorize staff to grant extensions to individual permit holders who were unable to complete reconstruction in the permitted time because of extenuating circumstances beyond the permit holder's control including, but not limited to, a local shortage of building materials, or properly licensed contractors.

(e)

Without requiring an extension of a previously issued temporary use permit, a new temporary use permit may be issued for a structure damaged by a subsequent disaster, if that structure was previously issued a temporary use permit which has not expired, and so long as the terms of this division were activated by the County Administrator to address damage caused by the subsequent disaster.

(f)

As a condition for receiving a temporary use permit, the applicant must complete a land use affidavit and agreement with the county wherein the applicant shall agree to remove the temporary recreational vehicle, mobile or manufactured home, or manufactured building within 30 days of the issuance of the certificate of occupancy for the new or rehabilitated residential or non-residential use or upon expiration of the temporary use permit, whichever occurs first. The Board of County Commissioners delegates the authority to execute the provisions of the contract on behalf of the county to the County Administrator or designee.

(Code 1992, § 10-6.504; Ord. No. 07-20, § 2, 7-10-2007)

For all temporary uses allowed by this section, the following shall apply:

(1)

Required electrical, water and sanitary facilities must be provided.

(2)

Siting of the recreational vehicle, mobile or manufactured home, or manufactured building must comply with article VIII of this chapter pertaining to floodplain management.

(3)

Those provisions of this chapter pertaining to environmental permitting may be waived by the board.

(4)

The recreational vehicle, mobile or manufactured home, or manufactured building must be removed from the property no later than 30 days after the certificate of occupancy is issued for the new or rehabilitated residence or non-residential use or upon expiration of the temporary use permit, whichever occurs first. The county shall remove the temporary structure at the expense of the permit holder should the permit holder fail to comply with the removal requirement.

(Code 1992, § 10-6.505; Ord. No. 07-20, § 2, 7-10-2007)