As a result of the impact of Hurricane Ian, a proposed Post Disaster Temp Use Permit per LDC 521.11 has been made available by Manatee County Development Services. This permit will allow homeowners whose primary residence was destroyed, or home is inhabitable due to damage by a disaster, the opportunity to temporarily dwell in a recreational vehicle during the time that the residence is repaired or reconstructed, or a replacement is constructed on the property.
The following criteria as outlined in LDC 521.11.C.1-12 must be acknowledged and complied with by the permit owner:
C. The criteria for a temporary use permit for a postdisaster temporary dwelling are as follows:
1. A declaration of a state of emergency for a disaster must be issued by the President of the United States, the Governor of the State of Florida, or the board covering all or part of the county.
2. A single-family residence located on a parcel of residential single-family property must be damaged or destroyed as a result of the disaster described in the declaration of the state of emergency. The damage or destruction must render the single-family residence uninhabitable during the period of time required for repair or reconstruction of the existing residence or construction of a replacement residence on the same property.
3.The postdisaster temporary dwelling must be located on a parcel of property in a zoning district where residential single-family dwellings are allowed as a permitted use or upon administrative approval or the approval of a special permit.
4.The postdisaster temporary dwelling must be located outside of all utility and drainage easements, visibility triangles, and fire lanes on the property.
5.The postdisaster temporary dwelling must be set back a minimum of five (5) feet from any structures on the property and all property lines, sidewalks and adjacent roadways. Setbacks shall be measured from the trailer hitch (including the tongue) and the rear of the temporary dwelling (including the rear bumper if applicable).
6.The postdisaster temporary dwelling must be connected to operational utility service. All utility service connections shall comply with the applicable provisions of the Florida Building Code, Florida Electrical Code, and Florida Plumbing Code. The potable water and wastewater utility service connections shall be approved by the public or private utility provider or the Florida Department of Health - Manatee County, if applicable.
7.A temporary setup permit for the postdisaster temporary dwelling must be obtained from the building official. The temporary setup permit will not be issued until the temporary dwelling is connected to utility service and the utility service is operational. Unless otherwise provided by the building official, the temporary setup permit shall constitute the temporary use permit required for the postdisaster temporary dwelling pursuant to Sections 352 and 520 of this Code.
8.The postdisaster temporary dwelling must be occupied by the owner of the subject property and the owner's family during the time that the temporary use permit remains in effect while the existing residence is repaired or reconstructed, or a replacement residence is constructed on the same property.
9.The temporary use permit for the postdisaster temporary dwelling shall be effective for an initial period not to exceed two (2) years. The temporary use permit may be renewed or extended in accordance with Section 352.4 of this Code. Before approving any extension, the building official may require a site inspection to verify compliance with the requirements for the temporary use permit and any conditions of the original temporary use permit.
10.A completed application for a building permit for repair or reconstruction of the existing single-family residence or construction of a replacement single-family residence on the subject property must be submitted to the building official prior to the initial expiration date of the temporary use permit or the renewal or extension of said temporary use permit. Upon issuance of the appropriate building permit, the temporary use permit for the postdisaster temporary dwelling will remain in effect as long as the building permit is valid under the Florida Building Code.
11.The temporary use permit for the postdisaster temporary dwelling shall expire thirty (30) days after the issuance of a certificate of occupancy or a temporary certificate of occupancy under the Florida Building Code for repair, reconstruction or construction of the single-family residence on the subject property. If the building permit expires under the Florida Building Code before a certificate of occupancy or a temporary certificate of occupancy is issued for the single-family residence, the Department Director may revoke the temporary use permit for the postdisaster temporary dwelling by providing thirty (30) days written notice to the property owner.
12.Upon expiration or revocation of the temporary use permit, the postdisaster temporary dwelling shall be disconnected from utility service and vacated. A mobile home used as a temporary dwelling must be removed from the property, and a recreational vehicle used as a temporary dwelling may be stored on the property in compliance with this Code.
This is a temporary permit that is not intended at any time to be considered permanent. An effort must be made in good faith to rebuild primary residence. Manatee County Development Services Code Enhancement will conduct regular inspections to monitor the progress of reconstruction.
To apply please visit:
Accela Citizen Access