The measure, Ordinance 17-26, would also suspend enforcement of the city’s noise limits on generators for 90 days at properties still without power.
An emergency ordinance, as outlined by the city, can be adopted in a single reading, as opposed to regular ordinances, which must be adopted after two readings. The emergency action needs approval by two-thirds of the council before adoption.
City code now bars using an RV as a residence or hooking it to utilities beyond temporary use, and its emergency housing provision caps residency at six months.
State law, however, bars cities from banning temporary shelters at homes left unlivable for up to three years after a governor signs an emergency declaration. That protection holds as long as the resident is repairing the home and lives in the shelter, which must have water and power and pose no safety concern.
Section 166.0335 of the Florida Statutes confirms that municipalities generally cannot “prohibit qualifying temporary shelters for up to 36 months following the governor’s emergency declaration, subject to statutory conditions. The statute specifies that the period ends when a certificate of occupancy is issued, if that occurs first.”
If passed, eligible residents could stay in an RV unit until Oct. 6, 2029, or until the repaired home passes all checks. The city’s planning director can also grant extensions.
The ordinance covers RVs, park trailers and FEMA-provided units, including manufactured homes, but not tents or sheds.
Units could go in any yard or on a stable surface, at least 5 feet from side or rear property lines. They cannot go on the right of way, sidewalks, under power lines or in a floodway. Shelters also cannot be rented out.
Each unit would need inspected electrical services, water and sewage services, and smoke and carbon monoxide alarms. Occupants must also evacuate in the case of a tropical system if an order is issued.
The generator provision addresses residential noise limits of 60 decibels by day and 55 at night, which staff wrote can be exceeded at close distances. It would cover any property without power due to the storm.
Generators would still have to be outdoors and at least 20 feet away from the house. They could only be connected through equipment that prevents backfeeding power lines.
The suspension would expire 90 days after adoption, on Jan. 27, if approved Thursday. The city could end it sooner if power is restored.
Milton City Council will meet at City Hall on Oct. 29 at 6:30 p.m.
