§ 13-621. Temporary use requirements.

(a)

Temporary structures or facilities due to construction or reconstruction.

(1)

Temporary structures or facilities to be used as a residence, or office for public use, during construction, repair or renovation of principal structure, including the use of mobile homes or recreational vehicles.

a.

No temporary use shall commence unless and until a valid building permit has been obtained to construct, repair or renovate the principal structure on the property where the temporary structure is to be placed, except in cases of extreme personal hardship, such as where a residence has been damaged or destroyed by fire or other disaster to an extent which makes such dwelling uninhabitable, and such dwelling is to be rebuilt or repaired. In this case, the use may commence upon a use permit being issued but shall not be valid for more than ninety (90) days unless a valid building permit has been obtained to re-construct or repair the residence or other structure.

b.

The maximum period for which approval may be given is one (1) year. Renewals shall only be approved as is reasonably necessary to allow the proposed occupants of the principal structure to complete the construction, repair or renovation work necessary to make such building habitable.

c.

The temporary structure or facility must be located on the same parcel as the structure under construction and occupied by the residents of the primary structure.

d.

Any permits required for the installation of temporary structures or facilities shall be obtained prior to commencement of the use.

e.

The temporary structure or facility must be removed from the property within thirty (30) days of the expiration of the temporary use permit, or not later than thirty (30) days after occupancy of the principal structure. A temporary use permit will be considered terminated if at any time the principal structure building permit becomes invalid.

f.

Temporary use permits for the temporary use of mobile homes, trailers or recreational vehicles utilized due to construction activities shall be approved by the Development Services Director.

(2)

Temporary construction yards, asphalt and concrete plants, petroleum contaminated soil treatment by biological means.

a.

The maximum period for which approval may be given is one (1) year. Renewals shall only be approved as is reasonably necessary to allow the original intended purpose to be completed.

b.

Any permits required for the installation of the temporary structure or facility shall be obtained prior to commencement of the use.

c.

Any temporary structures or facilities must be removed from the property within thirty (30) days of the expiration of the temporary use permit, or not later than thirty (30) days after conclusion of the activity for which the temporary permit was issued, whichever occurs first.

(b)

Security. Temporary structures to be used to house security personnel in excess of that allowed as an accessory use, including the use of mobile homes or recreational vehicles.

(1)

The temporary structure must be located on the same parcel as the activity or use to be protected and occupied by persons who will provide the security.

(2)

The maximum period for which approval may be given is two (2) years. Renewals shall only be approved as is reasonably necessary to continue the required level of protection.

(3)

Any permits required for the installation of the temporary structure shall be obtained prior to commencement of the use.

(4)

The temporary structure must be removed from the property within thirty (30) days of the expiration of the temporary use permit, or not later than thirty (30) days after the activity or use protected ceases, whichever occurs first.

(c)

Medical hardship. Second principal residence on one (1) parcel of record in cases of extreme medical hardship, such as where a temporary residence, which may be an RV or mobile home, is needed to house a caregiver or care receiver for a relatively short period of time.

(1)

The director may approve a temporary residence in the case of extreme medical hard ship for a maximum period of one (1) year. Renewals shall require a public hearing before the ZAB.

(2)

The second principal residence must be removed from the property within the time set forth in the temporary use permit as approved, but in no event later than ninety (90) days of the expiration of the temporary use permit, or not later than ninety (90) days after recovery or relocation of the person receiving care, whichever occurs first.

(3)

The caregiver and care receiver must reside on the property on a full-time basis during the period prescribed herein. Occupants of the second principal residence shall be restricted to the caregiver or care receiver, the caregiver's or care receiver's spouse or partner, and the minor children of the caregiver or care receiver's spouse or partner.

(4)

A signed letter from a Florida licensed medical doctor or doctor of osteopathy, which shall include his or her license number, stating the requirement for continuous necessary medical care and oversight of the care receiver must accompany the application for recognition of hardship under this section.

(5)

Any permits required for the installation or use of the temporary structure shall be obtained prior to commencement of the use.

(d)

Special public assembly events. Special public assembly events are defined as temporary activities for recreational, entertainment, or religious purposes which are held in locations where such events are not expressly permitted or routinely conducted and for which supporting facilities may be absent or inadequate. Such events may occur on public or private property and include, but are not limited to, carnivals, fairs, circuses, music concerts, rodeos, tent revivals, cultural festivals and other activities of a similar character and nature, whether or not admission is charged and whether or not the event is conducted by a business, organization or private individual.

(1)

The maximum period for which approvals may be given for special public assembly events is fourteen (14) calendar days per event site. The event site shall include all properties, parcels or tracts which support the event. Multiple events may be permitted so long as the total number of event days does not exceed fourteen (14) per calendar year.

(2)

Use requirements:

a.

A written summary of all proposed activities, including a schedule of proposed events.

b.

A site plan drawn to scale that identifies the event site, event uses and all existing or proposed structures and infrastructure.

c.

A parking and traffic management plan drawn to scale, including the location of all proposed parking areas and ingress and egress from the site.

d.

Details of all arrangements made for the provision of public sanitary facilities.

e.

Details of proposed waste and litter control and post-event clean up.

f.

Details of all arrangements for security and policing of the event(s).

(3)

Staff shall complete review of all application materials within five (5) business days of receipt of a properly completed application, unless commission review or approval is required, and shall approve the special public assembly event unless good cause can be shown as to why such approval is detrimental to the public health, safety or welfare. Staff may propose reasonable conditions to address issues identified in the course of review and shall approve the proposed event if the applicant agrees to the proposed conditions. Specified reasons for denial must be provided in writing to the applicant.

(4)

Upon recommendation of staff, the Sumter County Board of County Commissioners may require the posting of a bond to insure compliance with any conditions of approval.

(5)

Requested county services in support of proposed event(s) beyond those customarily provided must have prior approval of the Sumter County Board of County Commissioners and may be subject to a fee adequate to recover county costs.

(6)

Special public assembly event permits shall not be required for events held at the Sumter County Fairgrounds or on property owned or controlled by the Sumter County School Board. Special public assembly event permits shall not be required for those facilities which are designed, permitted and constructed for use as places of special public assembly, including those identified for such use in approved Planned Unit Developments or Developments of Regional Impact.

(7)

Applicants may appeal denial of the issuance of a special public assembly event permit in accordance with the provisions of section 13-370.

(e)

Agricultural uses. Grazing by farm animals, at densities not exceeding those specified in this chapter for permitted uses, and production of trees for timber are allowed as temporary uses in all zoning district, until development pursuant to the parcel's assigned zoning district occurs.

(f)

Temporary emergency relief housing provided by the Federal Emergency Management Agency. This provision shall only apply upon enactment of a local, state, or federal declaration of emergency or disaster.

(1)

Notwithstanding any other requirement of this code, a recreational vehicle, travel trailer, mobile home, or other temporary housing (temporary emergency housing) provided by FEMA may be placed on a parcel of land to provide temporary shelter for county citizens caused by a natural disaster.

(2)

Temporary emergency housing provided by FEMA may remain on a parcel of land until it is required to be removed by FEMA or upon a finding by the commission that the presence of such housing constitutes a danger to the public health or welfare or constitutes a public nuisance as determined by the board at a noticed, public hearing.

(3)

Temporary emergency housing shall not be placed on the parcel of land in a manner that hinders roadway access, encroaches onto an adjacent property, or causes a public safety concern.

(4)

Temporary emergency housing shall be located in a manner that does not interfere with on-site or adjacent property utilities.

(5)

The permit will assure that the placement of the temporary emergency housing is related to the impact of a declared disaster. Permits shall expire six (6) months after issuance unless extended by the ZAB upon a finding that there remains a need for the temporary emergency housing. Normal setback requirements may be waived if the condition of the property requires a waiver in order to locate the housing on the subject property.

(6)

The county shall waive all permitting and inspection fees for temporary emergency housing.

(7)

The county's impact fees shall not be assessed for temporary emergency housing.

(g)

Temporary commercial activities and uses. Transient merchants, street vendors and other temporary commercial uses may operate on parcels with an adopted future land use of commercial, mixed use or industrial under the Sumter County Comprehensive Plan, or a vested commercial or industrial zoning use as recognized pursuant to the land development code. Such use may only take place via written lease with the landowner, or with other proper authorization. A detailed site plan to scale must be provided to the county indicating boundaries of intended use, structures (including, but not limited to, tents), appropriate sanitation, parking areas and appropriate vehicular and pedestrian access, as determined by staff on a case by case basis. Vehicular access must be approved in writing by the Florida Department of Transportation if a state maintained road is utilized. If a Sumter County maintained road is used for access, approval must be obtained in writing from Sumter County Public Works. If the transient merchant utilizes a tent or other structure or utilizes electricity in any manner then they must obtain the proper permits from Sumter County Fire Rescue and Sumter County Building Department. Transient merchants, upon submittal of written proof from a church or school of permission to operate on church or school property, may operate on such property regardless of the property's designated future land use category.

(1)

Operators of temporary vehicle and watercraft sale lots. A parcel or contiguous parcels may be used for the sale of vehicles by the operator or any related entity for up to fourteen (14) consecutive days, up to four (4) times per calendar year. Operators shall be allowed two (2) "set up" and two (2) "shut down" days prior to and subsequent to the fourteen-day sale period. The "set up" and "shut down" days shall not count against the allotted fourteen-day sale period described herein. No vehicle may be sold on the parcel or parcels at issue during the "set up" or "shut down" periods described herein.

(2)

Transient merchant seasonal sales of holiday items. The sale of items by transient merchants for holidays may be conducted during the following time periods:

a.

Holiday items: Monday of the week of Thanksgiving to December 24.

b.

Fall celebration items: October 1 to October 31.

c.

Fireworks: June 20 to July 5 and December 10 to January 2 (F.S. § 791.01).

(3)

Street vendors. Street vendors may operate on parcels with an adopted future land use of commercial, mixed use or industrial under the Sumter County Comprehensive Plan, or parcels designated as vested commercial or industrial, and shall operate only between 8:00 a.m. and 9:00 p.m. and must remove all equipment, inventory and evidence of operation daily upon close of business.

(Ord. No. 2015-17, § 3(Exh. A), 9-22-15)