§ 10.02.00. Temporary Housing and Structures.

10.02.01 Generally. The purpose of this Section is to provide interim housing for residents of Lake County. Housing is provided in this Section for special purposes or during construction of a permanent residence. The County Manager or designee is authorized to give approval for the use of a mobile home, approved manufactured home, travel trailer, or recreational vehicle as a temporary residence during construction of a permanent residence if the requirements of 10.02.02 or 10.02.03 below are met.

10.02.02 Temporary Housing During Construction. A single-wide mobile home, travel trailer, or recreational vehicle may be occupied as a temporary residence in agricultural or residential zoning districts for one (1) family on a lot of record or legally created lot that is one (1) acre in area or greater while a permanent residence is being constructed thereon under the following conditions:

A.

A Building Permit has been obtained for a permanent residential Building on the Site on which the mobile home, travel trailer, or recreational vehicle is to be temporarily located.

B.

The mobile home, travel trailer, or recreational vehicle Shall not be placed on such Site until health department authorized sanitary waste facilities have been installed thereon.

C.

The mobile home will be removed from the premises within thirty (30) days after the completion of the residential structure, upon cancellation or expiration of the building permit for the permanent residence, or when any provisions hereof have been violated. If a travel trailer or recreational vehicle was used, it Shall be removed or properly stored in accordance with Zoning district rules within thirty (30) days after the completion of the residential structure, upon cancellation or expiration of the building permit for the permanent residence, or when any provisions hereof have been violated.

D.

A letter shall be submitted by the holder of the building permit explaining in detail the means of financing the construction of the primary residence, which will assure expeditious completion; such letter shall also give assurance that the mobile home travel trailer, or recreational vehicle will be maintained and occupied on the subject premises only as long as the original building permit is in full force and effect.

E.

The applicant shall give the County a cash or surety bond in the amount of five thousand dollars ($5,000.00) guaranteeing that the mobile home, travel trailer or recreational vehicle shall remain on the building site only as long as the building permit is in full force and effect. It will be subject to the condition that no extension of time of the building permit shall extend the time for maintaining the mobile home, travel trailer or recreational vehicle on the property, unless substantial progress has been made on the construction of the permanent residential building. Substantial progress as shall be evidenced by required inspections having been completed within the time limit permitted.

F.

The applicant shall pay an application fee. The Board of County Commissioners shall set such fees by resolution.

10.02.03 Temporary Residential, Commercial and Industrial Use Housing Following a Disaster.

A.

Purpose. The purpose of this Section is to provide for the regulation of temporary structures following a natural or man-made disaster in the Residential, Commercial and Industrial Use zoning districts.

B.

When a natural or man-made disaster has rendered a single-family residence unfit for human habitation, as determined by the County Manager or designee, the temporary use of a mobile home, travel trailer or recreational vehicle located on the single-family lot during rehabilitation of the original residence, or the construction of a new residence, may be permitted through the issuance of a temporary housing permit regardless of the zoning district requirements set forth in these regulations. The maximum length of use Shall be one (1) year from the date of issuance of the temporary housing permit. The County Manager or designee may require temporary housing permits to include additional conditions in order to ensure that property owners are taking steps to build a permanent residence within a reasonable amount of time. The County Manager or designee may grant extensions of the temporary housing permit if the property owner can demonstrate that the delay in completing the permanent residence was due to unavailability of construction materials, or delays in receiving financial assistance for the reconstruction or rehabilitation of the residence from private insurance or state or federal disaster assistance programs.

C.

When a natural or man-made disaster has rendered a commercial or industrial structure unfit for occupancy, as determined by the County Manager or designee, the temporary use of an approved manufactured home to carry out the commercial or industrial use during the rehabilitation of the original structure, or the construction of a new structure, may be permitted. Such temporary nonresidential structures may be permitted only for use on the site of the damaged structure. The Board of County Commissioners Shall make a finding that this provision Shall be enacted as the use of the temporary nonresidential structure(s) is necessary to preserve the public interest, and to allow for the rehabilitation of the area's economic base. At the time of enactment of this provision, the Board Shall additionally determine the maximum length of use from the date of issuance of the temporary structure permit. The Board may additionally authorize the County Manager or designee to impose conditions as part of temporary structure permit that will ensure a permanent structure Shall be constructed within a reasonable amount of time.

D.

Minimum Standards For Temporary Housing/Structure Permit Issuance. For all temporary structures allowed under this subsection, the following apply:

1.

That the mobile home, manufactured home, travel trailer or recreational vehicle Shall not be placed on the site until the Health Department authorized sanitary waste facilities have been installed thereon.

2.

Mobile homes, manufactured homes, travel trailers or recreational vehicles must be placed in a way as to minimize impact on wetland areas and shorelines.

3.

Mobile homes or manufactured homes Shall not be placed in the 100-year flood zone unless the requirements of the Land Development Regulations are met. If a temporary structure is required to be placed in the 100-year flood zone, it must be a travel trailer or recreational vehicle.

4.

For temporary structures placed in Commercial or Industrial Zoning Districts, parking Shall be provided based upon the square footage of the temporary structure, including handicapped parking. Additionally, the temporary structure must meet the Florida Accessibility Code for building construction amenities.

5.

More than one (1) temporary structure may be placed on a residential Lot so long as the capacity (based on bedrooms or such other measure determined by the building official) of all the temporary structures does not exceed the capacity of the original Structure by more than one hundred and twenty-five (125) percent.

6.

The mobile home or manufactured home Shall be removed from the premises within thirty (30) days after the cancellation or expiration of the temporary housing permit. If a travel trailer or recreational vehicle is used, it Shall be properly stored in accordance with Zoning District rules or removed from the premises within thirty (30) days after the cancellation or expiration of the temporary housing permit.

7.

Failure to remove the temporary structure(s) as described herein Shall permit the County to avail itself of all legal remedies to have the structure removed, and assess the cost thereof to the property owner.

8.

All temporary structures Shall be permitted and installed in accordance with all other applicable codes and standards.

10.02.04 Temporary Housing for the Care of Infirm, Terminally Ill, or Disabled Persons.

A.

Generally. The purpose of this Section is to provide temporary housing to allow family members to provide care for persons who are infirm, terminally ill or disabled, and who need assistance with health care or daily living. Such temporary housing may be a mobile home, including a single-wide mobile home; the caregiver or the person who is in need of assistance shall reside within the temporary housing unit and it shall be located on a lot that is developed with a primary dwelling unit. The caregiver(s) and the person in need of assistance shall be related by blood or marriage and whichever individual(s) will reside in the temporary residence, shall make it their fulltime residence. Members of the immediate family of the person in need of assistance or the caregiver will also be allowed to reside in the temporary housing unit.

B.

Requirements. Upon application from an individual seeking to locate a temporary dwelling as allowed by this Section, the County Manager or designee is authorized to grant approval for such temporary use for a period not to exceed one (1) year if the application meets the requirements of 10.02.04.A and if the following conditions are met:

1.

Zoning District and Parcel Size. The lot or parcel on which the mobile home is to be placed must be located within an Agricultural or Residential zoning district and contain a minimum of five (5) acres. Such lot or parcel must meet all other requirements of the applicable zoning district.

2.

Required Documentation. Documentation of the need for health care or living assistance shall be supplied by a physician's affidavit on a form provided by the County. The affidavit must be signed and dated by a physician who is licensed to practice medicine in the State of Florida. Such affidavit shall certify that the individual seeking approval under this Section must be infirm, terminally ill or disabled and requires assistance with health care or daily living.

3.

Access. The Lot or parcel must have adequate access to a public right-of-way. Such access must be in existence at the time of application for approval and shall not be established for the sole purpose of serving the second temporary residence.

4.

Agreement. The applicant shall execute an agreement with the County, which shall be signed by the County Manager or designee on behalf of the County, in which the applicant agrees to all of the terms and conditions of this Section. This agreement must be recorded in the public records of Lake County, prior to issuance of a Building Permit.

5.

Setbacks. The temporary dwelling shall be located behind the established front building line of the primary residence and shall be set back from side and rear property lines a minimum of fifty (50) feet.

C.

Building Permit; Impact Fees.

1.

After approval of the temporary dwelling by the County Manager or designee, the applicant shall obtain a Building Permit prior to any development or construction on the Site.

2.

The applicant shall post a bond for removal of the temporary housing. The applicant may give the County cash or a surety bond in the amount of five thousand dollars ($5,000.00) guaranteeing that: (1) the mobile home shall remain on the site only as long as the mobile home qualifies under this section for placement upon the property; and (2) the mobile home shall be removed when the need for the temporary housing ceases to exist. The cash or bond shall be used to remove the mobile home if the applicant fails to do so upon the ending of the need for the temporary housing.

3.

No impact fees will be assessed for this temporary use.

D.

Extension of Approval; Termination of Temporary Use.

1.

Extension of Approval. Sixty (60) days prior to the expiration of the approval granted by the County Manager or designee, the applicant Shall be notified of the pending expiration and advised that in order for the temporary use to continue, a renewal request must be filed along with an updated physician's affidavit of continued hardship. If the applicant desires to renew the approval for temporary housing, such request and affidavit should be filed prior to the expiration of the existing approval. The County Manager or designee shall grant a one (1) year extension if all the requirements of 10.02.04.B continue to be met. The applicant shall be entitled to successive one (1) year extensions if all the requirements of 10.02.04.B are met each year and if an application and updated physician's affidavit are filed.

2.

Notification by Applicant; Termination of Temporary Use; Removal of Mobile Home. When there is no further need for the temporary use, the applicant shall notify the County within thirty (30) days and the temporary housing approval Shall be terminated. At the termination of the temporary housing approval because of no further need or because of non-renewal, the mobile home Shall be removed from the property and any well or septic tank used solely for the temporary dwelling shall be properly abandoned.

E.

Fees. The applicant shall pay an application fee and a fee for the annual renewal. The Board of County Commissioners Shall set such fees by resolution.

10.02.05 Temporary Sales Office. Model homes, mobile homes, travel trailers or recreational vehicles may be used as a sales office for a residential subdivision, subject to the following criteria:

A.

The temporary sales office shall be approved for a period of no more than two (2) years or until ninety (90) percent of the lots in the subdivision are initially sold, whichever occurs first.

B.

Mulch or paved parking may be allowed on the same lot the sales office is located on or a contiguous lot. The parking lot shall be removed at the same time the sales office is removed. All parking requirements as set forth in Chapter IX shall apply.

C.

Landscaping shall be provided as follows and shall replace any other landscaping requirements:

1.

Model homes used as a temporary sales office shall provide landscaping as required for a single-family dwelling unit.

2.

Mobile homes, travel trailers or recreational vehicles shall be required to plant two (2) canopy trees and one (1) ornamental tree per one hundred (100) linear feet and one (1) single row of shrubs within ten (10) feet of the perimeter of the lot, excluding the area used for ingress or egress.

D.

The construction plans for the subdivision plat shall be approved before the sales office permit is issued.

E.

A zoning clearance, sketch of description showing the location of the temporary sales office, and landscaping plan shall be submitted. Applicable permits will be required.

10.02.06 Temporary Construction Office. Temporary structures, including mobile homes, travel trailers or recreational vehicles may be used as a construction office for road improvement and/or utility development projects in any zoning district subject to the following:

A.

The use is limited to construction office trailer only.

B.

No accessory or storage buildings shall be permitted as an accessory use to the construction office trailer.

C.

The temporary construction office must be removed within ten (10) days after completion of the project.

D.

A zoning clearance, sketch of description showing the location of the temporary construction office and applicable permits will be required.

(Ord. No. 2001-114, § 1, 9-4-01; Ord. No. 2004-14, § 3, 3-16-04; Ord. No. 2004-68, § 2, 10-19-04; Ord. No. 2005-19, § 2, 3-1-05; Ord. No. 2005-65, § 2, 8-2-05; Ord. No. 2006-94, §§ 2, 3, 9-5-06; Ord. No. 2007-9, § 2, 2-6-07; Ord. No. 2013-27, § 2, 5-21-13)

Editor's note

Ord. No. 2013-27, § 2, adopted May 21, 2013, amended § 10.02.00 to read as set out herein. Former § 10.02.00 pertained to temporary housing.