§ 7.15.00. Temporary Special Use Permit.

Any person, firm or corporation owning property in the Hardee County may apply for a Temporary Special Use Permit in a residential district for medical and family emergencies. There are no allowances for Temporary Special Use Permits in any commercial or industrial districts. Temporary Special Use Permits shall be granted only by the Board of County Commissioners in a public hearing that has been advertised in accordance with Section 8.05.00 of this Code. Temporary Special Use Permits granted by the Board shall be the minimum necessary to provide a reasonable relief of an unusual and temporary situation and use of the property and may be approved subject to time limits or any other conditions that the Board deems appropriate.

7.15.01. Application.

(A)

Application; Fees. All requests for Temporary Special Use Permit shall be submitted on an application form available from the Planning and Development Division, together with all applicable fees as provided by resolution.

(B)

Contents. The application shall contain the following items, as applicable:

(01)

A legal description and street address of the property;

(02)

Notarized authorization of the owner if the applicant is other than the owner or an attorney for the owner;

(03)

Narrative description of the request along with a justification for its consideration;

(03[04])

Concept Development Plan.

7.15.02. Criteria for Granting a Temporary Special Use Permit.

The granting of a Temporary Special Use Permit shall be based on a determination by the Board of County Commissioners that the request will not be permanent and thus be contrary to the public interest and the intent of this Code. Considerations of health, convenience or economics shall be considered as justification for a Temporary Special Use Permit. Approval of a Temporary Special Use Permit shall be based solely on the following criteria, all of which must be fully satisfied:

(A)

Special conditions and circumstances exist that are peculiar to the applicant involved, which include but are not limited to, temporary siting of mobile homes on a large residential lot - at minimum, within F-R and A-1 zoned districts on properties meeting the minimum lot area requirements - for temporary living quarters for family members who may be mentally or physically handicapped;

(B)

Special conditions are temporary and do not destroy the character of the residential district;

(C)

Literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the identical land use classification and will constitute an unnecessary and undue hardship on the applicant;

(D)

That the permit granted is the minimum Temporary Special Use Permit that will make possible a reasonable use of the land or structure;

(E)

That the granting of the Temporary Special Use Permit will be in harmony with the general intent of this Code, and that such Temporary Special Use Permit will not be injurious to the area involved or otherwise detrimental to the public welfare; and,

(F)

That the permit will be granted for not more than two years and expire thereon. Sixty days before expiration, the applicant may apply to the Planning and Development Division to renew the permit. A renewal fee will be charged and shall be granted by the Planning and Development Director if the circumstances have remained the same and none of the above has been violated. The Temporary Special Use Permit must be renewed every six months thereafter. A renewal application and fee will be required every six months, and will be subject to the same regulations listed here.

(G)

A Temporary Special Use Permit shall become null and void if it is not exercised, as evidenced by the pulling of all necessary permits within 12 months of the date of approval by the BOCC.

For each Temporary Special Use permit granted, the applicant shall sign an affidavit stating that when the Temporary Special Exception for the specific individual use/need is no longer applicable, the temporary structure shall be removed from the property, The Board of County Commissioners shall approve, and the Chairman shall sign a record of final decision listing the above criteria and attesting that each has been satisfied.

(Ord. No. 2015-06, 8-6-2015)