§ 521. Temporary Uses Allowed.

A temporary use must be a use which would ordinarily be allowed as a permanent use or which because of its limited duration or because adjacent land is undeveloped or developing, would not have a detrimental impact on surrounding land uses. Temporary uses, other than those listed in this section, may be allowed by the Department Director subject to review, and meeting the standards set forth in this section and other relevant sections of this Code.

521.1.   Christmas Tree Sales.

A.

A temporary use permit for Christmas tree sales shall be good for forty-five (45) days. An additional fifteen (15) days may be allowed by an extension granted by the Department Director. The temporary use permit shall be displayed in a conspicuous location on the site.

B.

Temporary Christmas tree sales shall be allowed in the PD, NC, GC and HC Districts.

C.

The location of Christmas tree sales within existing shopping center parking lots shall not reduce the required number of parking spaces by more than twenty-five (25) spaces or ten (10) percent of the total, whichever is less.

521.2.   Construction Project Uses.

A.

Construction project uses shall remain valid while an active building permit is in effect.

B.

Such uses shall be located within the lot or subdivision involved in the construction project or immediately adjacent thereto.

C.

All buildings, materials, supplies, and debris shall be completely removed from such areas within thirty (30) days from the date of completion of the last building to be constructed or within thirty (30) days from the date active construction is discontinued, whichever occurs first; but in no event shall the time exceed the limit set forth in Subsection A above.

D.

Where deemed necessary to protect adjoining properties from adverse noise, odor and visual impacts, when such construction areas are to be located in or adjacent to a Residential or Neighborhood Commercial District, appropriate screening or fencing measures may be required.

E.

Construction projects for the Public Works Department for rights-of-way and utility installations are exempt from these temporary use permit requirements.

F.

On-site construction office trailers for the exclusive temporary use of construction personnel only shall not be required to obtain a separate permit when located or used under an active and valid building permit for the project. The issuance of a building permit for the construction project is required before locating a trailer on-site unless a separate temporary use permit is obtained for each trailer.

521.3.   Mobile Home Use During House Construction.

A.

A mobile home is allowed to be used for up to twelve (12) months, but not longer than fifteen (15) days after the issuance of a temporary Certificate of Occupancy or a Certificate of Occupancy for the residential building to be constructed on the same site; provided that, for cause, one (1) extension of time, not exceeding ninety (90) days, may be allowed in writing by the Building Official, if a new site inspection for the temporary use has been made and the use is in accordance with all Building Code requirements and other stipulated requirements on the original permit. The temporary use permit shall be considered terminated if at any time the associated building permit is declared to be invalid.

B.

The temporary use of mobile homes is only permitted on A zoned parcels of five (5) acres or more within the lot involved in the construction project. All structures shall meet the required district setbacks.

C.

No temporary use approval shall be issued for such use, unless a valid building permit has been obtained to construct a residential dwelling on the premises where the mobile home is to be placed.

D.

The building, materials, supplies, and debris shall be completely removed from such areas within fifteen (15) days from the date of temporary Certificate of Occupancy, Occupancy Certificate, or within thirty (30) days from the date active construction is discontinued, whichever occurs first; but in no event, shall the time exceed the limit set forth in Subsection A, above.

E.

Where deemed necessary by the Department Director, when such construction areas are to be located in or adjacent to a Residential District, appropriate screening or fencing measures may be required.

F.

A separate building permit for the mobile home is required. The applicant shall comply with the provisions of the Building Code and meet any applicable floodplain management requirements. All mobile homes shall be properly connected to the approved sanitary, potable water, and electric services.

G.

The use of a recreational vehicle in lieu of a mobile home is prohibited.

521.4.   Model Homes, Temporary Real Estate Sales Offices.

A.

Model homes and temporary real estate sales offices are allowed for up to twenty-four (24) months, or upon sale or lease of all of the dwelling units, in the major subdivision, with which the use is connected, whichever occurs first.

B.

Model homes are only permitted in zoning districts where the structure may be erected and occupied for residential purposes.

C.

Model homes or temporary real estate sales offices shall be located on the same development site as the units or projects with which connected. All structures shall meet all required district setbacks.

D.

No more than ten (10) percent of all units or a maximum of ten (10) units within the development or approved construction phase may be allowed as model homes.

E.

The applicant shall comply with the provisions of the Manatee County Building Code prior to use of the model home. A separate building permit is required.

521.5.   Promotional Activities of Retail Merchants.

A.

Promotional activities are allowed for up to fourteen (14) days in any three (3) month period.

B.

Temporary promotional activities, including the outdoor display of goods and merchandise, shall be conducted within an area immediately adjacent to the place where such goods are usually displayed or sold.

C.

No required off-street parking space, service drive aisle, or loading area, shall be utilized for such display, without specific prior approval of the Department Director.

D.

No promotional activity or tent shall encroach upon any rights-of-way, building egress, drive aisle, or the visibility triangle as set forth in Section 1002.

E.

All tents shall comply with the Building Code requirements and a separate building permit shall be required.

F.

Facilities for sanitary necessities and potable water shall be readily available for patron use, including information signage, during all hours when promotional activities occur.

521.6.   Special Event Temporary of Rights-of-Way.

A.

Requests. Applicants shall submit a request to the Department Director for approval. The application request shall be submitted in accordance with Section 354, Temporary Use Permits.

B.

Standards. In addition to the standards stipulated under Section 520, Subsections A through E, the applicant's request shall address the following:

1.

The applicant shall be either a bona fide not-for-profit organization, an established community service organization or a non-formally organized group of residents. In order to make this determination, the Department Director may request that a potential sponsor produce evidence of such status. Potential sponsors who do not furnish such evidence, insufficient evidence, or who furnish evidence not acceptable to the Department Director, shall be denied a special event permit.

2.

Adequate parking accommodations for the anticipated event.

3.

Adequate traffic and parking supervision for public safety.

4.

Adequate pedestrian and vehicular access to the site to provide safe passage without endangering the citizens or property, in accordance with Subsection E, below.

5.

Adequate safety provisions including barricades, during entire duration of rights-of-way use.

6.

Adequate general liability insurance coverage and/or indemnification provisions satisfactory to the County.

7.

Adequate justification of duration for rights-of-way use.

8.

Adequate sanitary facilities, potable water, and emergency first aid shall be provided with signage.

C.

Submission and Review. The applicant shall submit to the Department Director, a minimum of thirty (30) days prior to the proposed event, a written request outlining the scope of the special event, detailing the specifics associated therewith, a completed application on a form provided by the County, a site plan which clearly demonstrates compliance with the above standards, Insurance Certificate and/or Indemnification Agreement on a form provided by the County, the proposed newspaper public notice, and proper fee. Upon receipt of the recommendations from various departments, including the Public Works and Public Safety Departments, the Department Director shall notify the applicant of any required modification to the application documents to be acceptable; and shall approve, approve with conditions, or deny the application request. A copy of the Department Director's written decision and application documents shall be forwarded to the applicant, and for record purposes to the Board of County Commissioners and reviewing departments.

D.

Duration. The length of time the temporary use is permitted shall be as short as practicable and with due concern with public safety, health and welfare of the citizens of Manatee County.

E.

Insurance Requirements. Applicants, which have in effect general liability coverage, shall furnish a Certificate of Insurance which names Manatee County as an additional named insured party with regard to the conduct of the requested special event. Applicants which do not have in effect general liability insurance coverage shall execute an Indemnification Agreement in the form prepared by Manatee County.

F.

General Requirements.  

1.

For parades, the parade sponsor shall pay for the required Sheriff's Office parade route escorts.

2.

For all other street closings, the sponsor shall pay/emit for the required police detail of the Sheriff's Office.

3.

All temporary construction shall meet the requirements of the Manatee County Building Codes and this Code.

4.

The applicant shall submit in a format approved by the Department Director, the proposed newspaper notice for approval. A notice shall be placed by the applicant in a daily newspaper of general circulation for a minimum of one daily edition; the cost of which shall be borne by the event sponsor. Such notice shall contain street closure, event and, duration information, vicinity map and sponsoring organization. Proof of publication shall be provided by the applicant to the Department Director prior to the commencement of the event.

521.7.   Temporary Dwellings.

A.

A temporary dwelling unit shall only be allowed in a case where a single family, detached or single family, attached dwelling has been destroyed or damaged by fire or other disaster to an extent which makes such dwelling uninhabitable and only where a valid building permit has been issued for the rebuilding or repairing of the dwelling.

B.

Temporary dwellings are permitted for up to one (1) year, or upon repair of the destroyed or damaged dwelling.

C.

Such a use shall be allowed only on a lot where a single family, detached or single family, attached dwelling is permitted by the provisions of this Code.

D.

No mobile home may be allowed as a temporary dwelling in any district unless such mobile home is allowed as a conditional use without regard to lot size. No recreational vehicle is allowed under any circumstance as a temporary dwelling in any district, except within a Recreational Vehicle Park.

E.

The provisions of Subsection 521.7 shall not apply to a postdisaster temporary dwelling with a valid temporary use permit that meets the requirements specified in Subsection 521.11 of this Code during the period of time such temporary use permit remains in effect.

(Ord. No. 14-35 , § 7, 6-17-14)

521.8.   Temporary Recreation Facilities.

A.

Temporary recreation facilities are allowed for up to twenty (20) consecutive days.

B.

The sponsoring organization shall furnish the Health Director information as to sanitary arrangements and facilities to be used by the public and employees; and the Health Director has advised the Department Director, in writing, that such arrangements and facilities will be adequate if properly used and maintained.

C.

The sponsoring organization shall submit information, with respect to off-street parking and potable water, to the Department Director for approval.

521.9.   Temporary Farmers Markets by Non-Profit Organizations.

A.

Temporary farmers markets by non-profit organizations are permitted for up to ninety (90) days per calendar year.

B.

Limited to the sales of agricultural products and arts and crafts. The sale of furniture and other non-agricultural products shall not be allowed.

C.

Farmers markets may be located within parking areas provided that parking equaling two (2) spaces per stall remains available on site. Paved parking is not required; however, a surface that will not contribute to erosion or sedimentation, either on site or off site, is required. Use of the rights-of-way is prohibited.

D.

Temporary farmer's markets shall be permitted with a temporary use permit when sponsored by a non-profit organization such as a church, or civic organization.

521.10.   Tents.

A.

Tents may only be used in conjunction with permitted temporary uses.

B.

A separate building permit shall be obtained for all tents to be used for non-residential purposes. It shall be the responsibility of both the property owner and tent erector to obtain the necessary permits prior to delivery of the tent to the proposed site.

C.

An inspection by the Building and Development Services Department, Public Works Department; and applicable fire districts(s) shall be required upon setting up of the tent and prior to allowing the public to enter. The plan shall indicate the proposed capacity and sufficient egress to accommodate the proposed capacity.

521.11.   Postdisaster Temporary Dwellings.

A.

A temporary use permit may be issued to the owner of each parcel of residential single-family property for the purpose of placing one (1) temporary dwelling on said property and connecting the temporary dwelling to utility service if the single-family residence located on the property is damaged or destroyed as a result of a disaster. The temporary dwelling shall be occupied by the owner of the property and the owner's family during the time that the residence is repaired or reconstructed or a replacement residence is constructed on the property.

B.

The purpose and intent of the temporary use permit for a postdisaster temporary dwelling is to allow the property owner and the owner's family to live on the premises where a single-family residence is damaged or destroyed by a disaster to an extent which renders the 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.

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 approval of an administrative permit or 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 Health Department 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 Section 354 and Subsection 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 Paragraph 354.4 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 Paragraph 511.6 of this Code.

D.

During the period of time the temporary use permit remains in effect, a postdisaster temporary dwelling with a valid temporary use permit that meets the criteria specified in this subsection shall be exempt from any conflicting provisions of the Land Development Code, including, but not limited to, the following requirements:

1.

Subsection 403.8 CH: Coastal High Hazard Area Overlay District;

2.

Subsection 403.13 WR-Whitfield Residential Overlay District;

3.

Subsection 403.14 Restricted Vehicle Overlay District;

4.

Paragraph 511.6 Permitted Accessory Uses for Parking of Commercial Vehicles;

5.

Paragraph 511.6 Permitted Accessory Uses for Parking of Restricted Vehicles, Including Commercial Vehicles; and

6.

Subsection 521.7 Temporary Dwellings.

(Ord. No. 14-35 , § 8, 6-17-14)