Temporary Uses/ Tent Sales
Certain uses are temporary in character. They vary in type and degree, as well as the length of time involved. The purpose of this section is to specify regulations applicable to certain temporary uses which, because of their impact on public infrastructure, services, and surrounding land uses, require a temporary use permit. Unless otherwise specified in these zoning regulations, the following regulations shall govern temporary uses. No temporary use identified herein shall be exempt from the permit requirement except in accordance with this section.
- Unless approved by the community development director, a temporary use cannot occupy on-site parking required by these land development regulations to accommodate the ordinary parking requirements of the existing structures and uses on the property. Only surplus or otherwise unused parking may be occupied for the temporary use and such use must itself have sufficient parking for the anticipated traffic it generates.
- For the purposes of this section the following terms shall have the associated meanings:
Footprint shall mean the area impacted by the temporary use as measured from the outside line of all the area devoted to the use, or the drip line of a tent or cover under which the use is conducted, whichever is greater.
Sale(s) shall be considered to include any form of commercial transaction, including fund raising activities by charitable and nonprofit organizations or school groups.
- Temporary use permits shall only be issued within the zoning districts for which the use is allowed by right or for those uses which have been permitted by special exception. For example, temporary use permits for commercial, sales, or services uses shall not be issued in residential districts. Notwithstanding the forgoing, commercial temporary uses are prohibited on Little Hickory Island due to the predominant residential character, existing lot and transportation constraints. Applicants are encouraged to contact our planner-on-call line (239) 444-6166 to determine if the location is zoned for the proposed temporary use permit.
- Temporary use permits are restricted to those activities and locations listed on the application and all temporary uses shall be confined to the dates and times specified in the permit. A separate temporary use permit is required for each temporary use. Hours of operation of temporary uses subject to this section shall be limited to 8:00 a.m. to 9:00 p.m., Sunday through Thursday, and 8:00 a.m. to 11:00 p.m. on Friday and Saturday unless more restrictive hours are appropriate as determined by the community development director based on compatibility with adjacent uses.
Type 1 Permit
- A Type 1 permit shall be required for any temporary use occupying a footprint up to 1,500 square feet.
- No property shall have, or be a site of, more than six Type 1 temporary uses in a calendar year. No Type 1 temporary use shall continue for more than five consecutive calendar days; however, such uses may run concurrently (i.e. up to 30 days) without incurring additional permit fees.
- Notice shall be provided to all area property owners pursuant to Section 4-229(b) prior to at least 15 days prior to beginning of Type 1 use.
Type 2 Permit
- A Type 2 permit shall be required for any temporary use occupying a footprint greater than 1,500 square feet.
- No property shall have, or be a site of, more than three Type 2 temporary uses in a calendar year.
- No Type 2 temporary use shall continue for more than ten consecutive calendar days; however, such uses may run concurrently (i.e. up to 20 days) without incurring additional permit fees.
- The final ten day permits shall not run concurrently and must be spaced at least five months apart.
Any person or entity that desires to conduct any temporary use described in this section or determined by the community development director to be similar in nature to those described herein, unless specifically exempted herein, shall be required to submit an application for a permit, and obtain the permit before conducting the use. A permit issued to a corporation, organization, or entity shall suffice for the persons engaging in the use on the site on behalf of the corporation, organization, or entity. The owner(s) of the property upon which the temporary use is to be conducted shall be bound by the terms of the permit, and shall signify consent to the permit by signing the permit application before it is issued.
Examples of temporary uses regulated by this section may include, but are not limited to, the following:
- Outdoor sales, parking lot sales or tent sales of merchandise, products, services or other commercial activities.
- Event uses, such as fairs, carnivals, circuses, and expositions or fair associations chartered in accordance with F.S. ch. 616.
- Fund raising events conducted offsite by charitable organizations, nonprofit corporations, or school groups, as well as promotions, sales and other activities by charitable organizations, nonprofit corporations, or school groups.
- Seasonal and holiday related promotions and sales, including Christmas tree sales, pumpkin sales, fireworks sales, and the like.
- Temporary religious or revival activities.
- Neighborhood and community-wide yard sales and garage sales.
- Any other temporary use similar in nature to the ones listed above, as determined by the zoning official.