Temporary Uses/ Tent Sales

opens in a new windowSec. 4-2124. – 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:

  1. Outdoor sales, parking lot sales or tent sales of merchandise, products, services or other commercial activities.
  2. Event uses, such as fairs, carnivals, circuses, and expositions or fair associations chartered in accordance with F.S. ch. 616.
  3. 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.
  4. Seasonal and holiday related promotions and sales, including Christmas tree sales, pumpkin sales, fireworks sales, and the like.
  5. Temporary religious or revival activities.
  6. Neighborhood and community-wide yard sales and garage sales.
  7. Any other temporary use similar in nature to the ones listed above, as determined by the zoning official.

Exemptions: The permit requirement of this section shall not apply to the following types of uses, provided that such uses shall be required to meet all other requirements of law, including but not limited to obtaining building or sign permits for temporary structures or signage:

  1. Yard or garage sales conducted on residential parcels; provided that the use does not exceed any of the requirements of a Type 1 permit nor exceed two calendar days in length.
  2. Grand opening sales by resident merchants connected with the grand opening of a permanent use at the premises, including outside food and beverage vending; provided such use does not exceed three consecutive calendar days.
  3. Temporary outdoor storage in residential districts, incidental to and exclusively in association with the construction of a principal structure and only while a valid building permit is in effect.
  4. Such temporary uses which are extensions of a principal permitted use on-site and which are to be conducted on the premises but outside the principal structure in which those uses are permitted to occur; provided such use does not exceed five consecutive calendar days. Examples of which include, but are not limited to:
    • Religious or revival activities conducted on-site but outside the structures of the place of worship.
    • Sidewalk sales, clearance, or tent sales conducted on-site by a resident merchant but outside the principal permitted structures for such use.
    • School events conducted on-site but outside the principal permitted structures for such use.

Complete application: Application procedure and review. All applications for a temporary use permit shall be submitted to the community development director a minimum of 15 working days prior to the proposed use. The community development director shall grant or deny a temporary use permit or may grant a temporary use permit subject to suitable conditions, safeguards, and stipulations within seven working days. If denied, the community development director shall state the reasons in writing to the applicant.

The applicant shall ensure that the application is accurate and complete. Any intentional misrepresentations on the application by the applicant shall be grounds for denying the permit. The application shall be made on a form acceptable to the community development director and shall include the following:

  1. The name, address and telephone number of the applicant; and
  2. The address and legal description of the property where the temporary use will be held. If the property is not owned by the applicant, the name, address and telephone number of the owner(s) of the property and notarized authorization of all property owner(s) of record or their authorized agents, for use of the property; and
  3. The date(s) of the event and hours of operation; and
  4. The nature of the existing uses on the property along with the proposed temporary use; and
  5. Calculation required parking for existing use(s) as well as anticipated parking needs, including overflow; and
  6. The business tax receipt (BTR) of the applicant, if applicable; and
  7. A site plan, drawn to scale, indicating the following:
    • Vehicular and pedestrian access onto the property; and
    • Location and use of any existing structures on the property; and
    • Location of any existing and proposed sanitary facilities; and
    • Location and amount of current and anticipated parking areas, including overflow.

The applicant may be required to obtain approval from the Bonita Springs Fire and Rescue District and/or Lee County Emergency Medical Services (Fire/EMS) and employ, at the applicant’s cost, any mitigation measures required.

No permanent or temporary lighting may be installed without an electrical permit and inspection. Temporary lighting used to illuminate the outdoor event after dusk shall be designed and arranged to reflect away from adjacent properties. According to the City Building Official, this is not necessary if connecting to a portable generator.  Any other connection requires an electrical trade permit.

Application procedure and review. All applications for a temporary use permit shall be submitted to the community development director a minimum of 15 working days prior to the proposed use. The community development director shall grant or deny a temporary use permit or may grant a temporary use permit subject to suitable conditions, safeguards, and stipulations within seven working days. If denied, the community development director shall state the reasons in writing to the applicant.

Complete application: Application procedure and review. All applications for a temporary use permit shall be submitted to the community development director a minimum of 15 working days prior to the proposed use. The community development director shall grant or deny a temporary use permit or may grant a temporary use permit subject to suitable conditions, safeguards, and stipulations within seven working days. If denied, the community development director shall state the reasons in writing to the applicant.

The applicant shall ensure that the application is accurate and complete. Any intentional misrepresentations on the application by the applicant shall be grounds for denying the permit. The application shall be made on a form acceptable to the community development director and shall include the following:

  1. The name, address and telephone number of the applicant; and
  2. The address and legal description of the property where the temporary use will be held. If the property is not owned by the applicant, the name, address and telephone number of the owner(s) of the property and notarized authorization of all property owner(s) of record or their authorized agents, for use of the property; and
  3. The date(s) of the event and hours of operation; and
  4. The nature of the existing uses on the property along with the proposed temporary use; and
  5. Calculation required parking for existing use(s) as well as anticipated parking needs, including overflow; and
  6. The business tax receipt (BTR) of the applicant, if applicable; and
  7. A site plan, drawn to scale, indicating the following:
    • Vehicular and pedestrian access onto the property; and
    • Location and use of any existing structures on the property; and
    • Location of any existing and proposed sanitary facilities; and
    • Location and amount of current and anticipated parking areas, including overflow.

Security required. In addition to applicable permit fees, any Type 2 temporary use permit shall require the applicant to provide security in the amount of $50,000.00, in the form of a surety bond, issued by a surety authorized to do business in the State of Florida, or an irrevocable letter of credit issued by a Florida financial institution, or in the form of a cash security. The security shall be in favor of the city, and benefit any person who shall suffer any loss that is provided for and recoverable under this subsection. The security shall be released 90 calendar days following the conclusion of the temporary use upon the submittal of an affidavit from the applicant to the city, and the acceptance of said affidavit by the city, that all conditions of the security have been met. The conditions of such security shall be that:

  1. The applicant shall comply fully with all provisions of the Bonita Springs Code and all other applicable county, state, or federal laws regarding the temporary use sought; and
  2. The applicant has, to the city’s satisfaction, mitigated any damages or impacts caused or created by the temporary use.

The applicant may be required to obtain approval from the Bonita Springs Fire and Rescue District and/or Lee County Emergency Medical Services (Fire/EMS) and employ, at the applicant’s cost, any mitigation measures required.

No permanent or temporary lighting may be installed without an electrical permit and inspection. Temporary lighting used to illuminate the outdoor event after dusk shall be designed and arranged to reflect away from adjacent properties. According to the City Building Official, this is not necessary if connecting to a portable generator.  Any other connection requires an electrical trade permit.

Application procedure and review. All applications for a temporary use permit shall be submitted to the community development director a minimum of 15 working days prior to the proposed use. The community development director shall grant or deny a temporary use permit or may grant a temporary use permit subject to suitable conditions, safeguards, and stipulations within seven working days. If denied, the community development director shall state the reasons in writing to the applicant.