ACCESSORY AND TEMPORARY STRUCTURES AND USES
It is the purpose of this Chapter to regulate the installation, configuration, and use of Accessory and temporary Structures and uses in order to preserve the community and property values and to protect the community character
10.01.01 General Requirements for Accessory Structures. Accessory Structures used in conjunction with a residential dwelling unit may be allowed on a Lot, provided that the following requirements are met. This section does not apply to nonresidential farm structures used for agricultural purposes on a bona-fide farm.
A.
There Shall be a lawful dwelling unit on the Lot;
B.
An Accessory Structure(s) Shall comply with applicable standards and Codes, unless exempted or superseded elsewhere in these Regulations;
C.
An Accessory Structure(s) Shall not be located in a required Buffer area, Landscape Buffer, wetland buffers or minimum Building Setback area;
D.
For lots less than one (1) acre in size, the square footage of an Accessory Structure(s) shall not exceed eighty (80) percent of the main floor square footage of the enclosed living area of the dwelling unit, which excludes features such as garages, patios, and porches. If there is more than one (1) Accessory Structure, the combined square footage shall apply;
E.
An Accessory Structure(s) shall not exceed the height of the dwelling unit or twenty-five (25) feet, whichever is greater.
F.
Accessory structures that are buildings shall be located in side and rear yards, unless:
1.
The accessory building is the same architectural style and the exterior walls and roof are the same material and color as the principal dwelling unit; or
2.
The accessory building is the type typically found in the front yard, such as gazebos, well coverings, or mailbox enclosures. Such building shall be no greater than one hundred (100) square feet or of the minimum size and height to accomplish the use, whichever is less; or
3.
The accessory building is located a minimum of one hundred (100) feet from the front property line.
G.
Vehicles, Manufactured Housing and Mobile Homes, Shall not be used as storage Buildings, utility Buildings, or other such uses.
H.
Cargo and shipping containers shall not be used as Accessory Structure(s) in residential zoning districts.
10.01.02 Swimming Pools, Hot Tubs, and Similar Structures.
A.
Setbacks for swimming pools, hot tubs and similar structures shall be measured from the edge of the deck or enclosure; the minimum setback shall be five (5) feet from the property line or the setback required by the zoning district, whichever is greater.
10.01.03 Accessory Dwelling Units.
A.
Purpose. The purpose of this Section is to provide for less expensive housing units to accommodate growth, provide housing for relatives and to provide for security.
B.
Definition and Standards. Accessory Dwelling Unit is a self-contained dwelling with its own entrance, cooking accommodations, and complete bathing facilities, which shares a parcel or lot with a single-family dwelling unit. Accessory Dwelling Unit may be allowed within the Agricultural and residential zoning districts provided that all of the following requirements are met:
1.
The Lot must be a Lot of Record or a legally created Lot.
2.
No more than one (1) Principal Dwelling Unit and one (1) Accessory Dwelling Unit Shall be permitted on any Lot of Record, or legally created Lot. A lot or parcel of land containing an Accessory Dwelling Unit shall be occupied by the owner of the premises, and the owner may live in either the Accessory Dwelling Unit or the Principal Dwelling Unit. Prior to the date a building permit is issued for an Accessory Dwelling Unit or prior to the use of an existing Structure as an Accessory Dwelling Unit, the Owner Shall execute and the County Manager or designee Shall record in the public records of Lake County, Florida, at the Owner's expense, a legal document that requires the principal dwelling and the Accessory Dwelling to remain in the same ownership and limiting occupancy of either the Principal Dwelling Unit or the Accessory Dwelling Unit to the owner of the property. Proof that such restrictions has been recorded shall be provided to the County Manager, or designee, prior to issuance of the occupancy permit for the Accessory Dwelling Unit.
3.
An Accessory Dwelling Unit may be an apartment unit or a stand-alone building that is not accessible from the interior living area of the primary dwelling.
4.
If one or more of the following factors exist or are depicted on a plot plan or construction plan, the structure shall be determined to be an Accessory Dwelling Unit:
a.
A separate utility meter may service the additional living space;
b.
The additional living space may have a separate address;
c.
The additional living space may be connected to the primary dwelling by a breezeway or walkway regardless of whether it is enclosed or open; or
d.
The additional living area qualifies as a separate dwelling under the Florida Building Code.
5.
The enclosed living area of the Accessory Dwelling Unit Shall not exceed one thousand two hundred (1,200) square feet or seventy percent (70%) of the air conditioned, enclosed living area of the principal dwelling (excludes garages, patios, porches and the like), whichever is greater.
6.
The Accessory Dwelling Unit Shall be located and designed not to interfere with the appearance of the principal dwelling as a one-family Dwelling Unit. If the lot is less than an acre, the Accessory Dwelling Unit Shall be the same architectural style as the principal Dwelling Unit unless developed under the provisions of Section 22-19, Lake County Code.
7.
The principal dwelling unit and the Accessory Dwelling Unit shall share a common driveway if access to the Accessory Dwelling Unit is from the same right-of-way or easement.
8.
Impact fees Shall be paid on an Accessory Dwelling Unit unless it qualifies for an exemption under Chapter 22, Lake County Code.
9.
Mobile or modular homes installed for purposes of being used as an Accessory Dwelling Unit shall have a solid foundation or Permanent skirting around the perimeter of the unit and any wheels, tongue or any transportation apparatus must be removed or enclosed.
(Ord. No. 2023-50, § 3, 8-8-23; Ord. No. 2025-4, § 3, 1-21-25)
10.01.04 Boat Docks and Ramps.
A.
Private Boat Docks and Ramps.
1.
Private boat docks and ramps shall be permitted as an accessory use within all residential zoning districts. Private boat docks and ramps shall meet the front and side setback requirements of the residential zoning district in which they are located.
2.
A common private boat dock or ramp for the private use of two (2) or more lots shall be encouraged and shall meet the setback requirements of the zoning district in which it is located. However, the setbacks shall be applied from the two (2) outermost property lines of the lots upon which the dock or ramp is located, i.e., not from the internal property lines of the lots that are sharing the dock or ramp.
3.
Private boat docks and ramps shall only be permitted as an accessory use on the residential lot on which the main principal dwelling is located or on a lot owned by the property owner and adjacent and contiguous to the residential lot on which their residential structure is located. A lot shall be considered adjacent and contiguous if a substantial part of the lot actually touches the developed residential lot or is separated by a road right-of-way, which physically divides both lots. Private boat docks and ramps shall not be permitted on lots that are not adjacent and contiguous to the residential lot developed with a residence.
B.
Boat Docks and Boat Ramps placed on Common Areas. Boat docks and boat ramps placed on common areas shall only be permitted as part of a platted residential subdivision and only under the following conditions:
1.
The boat dock or boat ramp is placed on a tract of land entirely within the subdivision, which is specifically designated for a common area on the recorded plat. The boat dock or boat ramp shall be set back a minimum of one hundred (100) feet from property not within the subdivision and a minimum of ten (10) feet within the 100-foot setback shall be landscaped to provide a visual screen and reduce noise. However, an applicant with a recorded plat as of May 19, 1992, which designates a parcel for recreational uses, common elements or common areas, shall be permitted at a minimum setback of twenty-five (25) feet in lieu of the one hundred (100) foot setback otherwise required.
2.
Access to the boat dock or boat ramp shall be located entirely within the platted subdivision within which the boat dock or boat ramp is to be located.
10.01.05 Home-based Business. A home-based business shall be allowed as an accessory use in a bona fide dwelling unit or accessory building on the same lot as the dwelling unit in all Future Land Use Categories that allow residential uses, subject to the following requirements:
A.
The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two (2) employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling.
B.
Parking related to the business activities of the home-based business must comply with all other parking requirements contained within these regulations and the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. Vehicles and trailers used in connection with the business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence. The parking or storage of heavy equipment at the business which is visible from the street or neighboring property is prohibited. For purposes of this paragraph, the term "heavy equipment" means commercial, industrial, or agricultural vehicles, equipment, or machinery,
C.
As viewed from the street, the use of the residential property must be consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood. The home-based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property.
D.
The activities of the home-based business are secondary to the property's use as a residential dwelling.
E.
The business activities will comply with any applicable local or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors.
F.
All business activities comply with any applicable local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids.
10.01.06 Backyard Chickens. Chickens, other than roosters, shall be allowed for personal use as an accessory use within the Estate Residential (R-2), Medium Residential (R-3), Medium Suburban Residential (R-4), Urban Residential (R-6), Mixed Residential (R-7), and Mixed Home Residential (RM) Districts subject to the following requirements:
A.
Any person keeping, harboring, raising or maintaining chickens as an accessory to an occupied dwelling unit shall be subject to the following restrictions:
1.
No more than five (5) chickens may be kept;
2.
Slaughtering of chickens is prohibited;
3.
Chickens must be secured within the chicken coop or fenced enclosure at all times;
4.
All feed and other items associated with the keeping of chickens that are likely to attract or to become infested with rodents or other pests shall be kept in a rodent and pest-proof container;
5.
No manure shall be allowed to accumulate on the floor of the coop or ground. A fly-tight bin for storage of manure shall be utilized; the size shall be sufficient to contain all accumulations of manure. The fly-tight bin shall be kept at least twenty (20) feet away from all property; and
6.
Composting of chicken manure shall be allowed in an enclosed bin. The composting bin shall be kept at least twenty (20) feet away from all property lines.
B.
Chicken coop or fenced enclosure used to house chickens. Any chicken coop or fenced enclosure used to house chickens shall:
1.
Not be located in the front or side yards; and
2.
Be set back a minimum of twenty (20) feet from all property lines.
10.01.07 Reserved.
(Ord. No. 1997-22, § 2, 3-18-97; Ord. No. 1997-44, § 9, 6-17-97; Ord. No. 1997-65, § 10, 9-23-97; Ord. No. 2001-89, § 2, 6-5-01; Ord. No. 2002-1, §§ 2, 3, 1-22-02; Ord. No. 2004-14, § 2, 3-16-04; Ord. No. 2007-27, § 17, 6-5-07; Ord. No. 2008-45, § 3, 7-1-08; Ord. No. 2013-27, § 2, 5-21-13; Ord. No. 2013-67, § 3, 12-17-13; Ord. No. 2015-55, § 4, 12-15-15; Ord. No. 2017-52, §§ 13, 14, 10-24-17; Ord. No. 2020-14, § 2, 4-21-20; Ord. No. 2022-4, § 2, 1-11-22; Ord. No. 2022-21, § 2, 4-12-22; Ord. No. 2022-14, § 3, 3-8-22)
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.
Accessory uses and structures in commercial and Industrial zoning districts shall comply with all setback requirements of the principle building.
10.03.01 Accessory uses for the purpose of donation drop-off locations.
A.
Accessory uses for the purpose of donation drop-off locations ("donation bins") may be permitted in non-residential districts subject to the following:
1.
The use is for a non-profit organization only.
2.
The donation bin must have the organization's name and contact phone number printed on the side of the bin and plainly visible to the public.
3.
The use is maintained within an enclosed container donation bin. The overflow of donated items is not permitted, and maintenance of the location shall be the responsibility of the property owner.
4.
The donation bin must have a statement printed on it that is plainly visible to the public that conveys that only items able to fit inside the bin may be donated at the site, and that no overflow items may be left on the ground.
5.
The donation bin meets all setbacks associated with the principle structure on the lot or parcel where it is located and shall be located behind the building front of the principle structure.
6.
The donation bin may not be located within any required parking spaces associated with the principle use of the lot or parcel, nor may it be located within any vehicle or pedestrian travel lanes. All donation bins must be located only upon improved, level, and paved surfaces which constitute part of larger developed and occupied building site. No donation bin shall be permitted on any site that is developed but unoccupied. Donation bins shall not encroach on any required landscaping, and no required landscaping shall be removed to install a donation bin.
7.
The donation bin may be no greater than one hundred sixty (160) square feet in size.
8.
The container must be maintained in good repair and shall match the color of the principle structure to the extent feasible located on the same lot or parcel; provided however, bins reflecting the color scheme of the sponsoring business or charity may be permitted. A donation bin shall be limited to one (1) bin per parcel, except that one (1) additional donation bin may be permitted if the parcel or lot is greater than two (2) acres in size.
9.
Approval from the Office of Planning and Zoning shall be required prior to installation of any such use. In order to obtain approval for one or more donation bin(s) on a site, the applicant shall file with the County Manager, or designee, in writing the following information:
i.
A completed application and applicable fees; and
ii.
A site plan showing the location of the proposed donation bin and al site improvements on the property. The location of the donation bin(s) shall comply with the requirements of this Section; and
iii.
Notarized written consent of the property owner or legal designee to establish the donation bin(s); and
iv.
Information as to the manner and schedule for which the donation bin(s) will be emptied and maintained; and
v.
Evidence that the applicant is authorized to conduct business in the State of Florida.
B.
Exemptions. Exempt from the requirements of subpart A above are accessory uses for the purpose of donation drop-off locations which are necessary for execution of the business enterprise lawfully situated on private property.
(Ord. No. 2020-12, § 3, 3-10-20)
10.04.01 Purpose and Intent. Temporary Portable Storage Containers (TPSC) are permitted in a manner that is safe and compatible with adjacent surrounding uses in compliance with this Section.
10.04.02 Prohibitions. Any TPSC exceeding twenty (20) feet in length shall be prohibited in residential zoning districts.
10.04.03 Criteria for Temporary Portable Storage Containers. A TPSC may be permitted in any zoning district and is not subject to zoning permit or building permit requirements, provided it meets the following criteria:
A.
Number of Units. For parcels or lots one (1) acre or less in size, a maximum of one (1) TPSC shall be permitted. For parcels or lots greater than one (1) acre in size, a maximum of three (3) TPSC shall be permitted.
B.
Placement/Location. The following criteria shall apply to the location and placement of a TPSC:
1.
A TPSC shall be prohibited on a vacant parcel or lot.
2.
TPSCs shall not be stacked.
3.
A TPSC shall be located a minimum of five (5) feet from any property line and/or structure.
4.
A TPSC shall not be permitted within a required landscape area, buffer area, areas that are considered environmentally sensitive or within easements.
5.
A TPSC shall not be permitted in a manner that impairs a motor vehicles operator's view of other vehicles, bicycle or pedestrian ways, entering or exiting a sidewalk or right-of-way, or in a manner that obstructs the flow of pedestrian or vehicular traffic.
C.
Duration. TPSCs may remain on a parcel or lot for a maximum of one hundred and twenty (120) days during a calendar year.
10.04.04 Exemptions. The following shall be exempt from the provisions of this Section:
A.
Structures such as storage sheds that are assembled on site or pre-manufactured, roll off trash bins, trucks, or trailers.
B.
Properly permitted businesses that sell, rent or lease TPSCs.
C.
A TPSC used in conjunction with an agricultural use on land classified as agricultural by the Lake County Property Appraiser pursuant to Chapter 193, Florida Statutes.
(Ord. No. 2015-55, § 3, 12-15-15)
Ord. No. 2013-27, § 2, adopted May 21, 2013, repealed § 10.05.00 in its entirety. Former § 10.05.00 pertained to temporary housing for the care of infirm, terminally ill, or disabled persons, and was derived from Ord. No. 2001-114, § 2, adopted September 4, 2001; Ord. No. 2004-14, § 4, adopted March 16, 2004; Ord. No. 2004-40, §§ 2, 3, adopted June 15, 2004 and Ord. No. 2005-65, § 3, adopted August 2, 2005, respectively.
ACCESSORY AND TEMPORARY STRUCTURES AND USES
It is the purpose of this Chapter to regulate the installation, configuration, and use of Accessory and temporary Structures and uses in order to preserve the community and property values and to protect the community character
10.01.01 General Requirements for Accessory Structures. Accessory Structures used in conjunction with a residential dwelling unit may be allowed on a Lot, provided that the following requirements are met. This section does not apply to nonresidential farm structures used for agricultural purposes on a bona-fide farm.
A.
There Shall be a lawful dwelling unit on the Lot;
B.
An Accessory Structure(s) Shall comply with applicable standards and Codes, unless exempted or superseded elsewhere in these Regulations;
C.
An Accessory Structure(s) Shall not be located in a required Buffer area, Landscape Buffer, wetland buffers or minimum Building Setback area;
D.
For lots less than one (1) acre in size, the square footage of an Accessory Structure(s) shall not exceed eighty (80) percent of the main floor square footage of the enclosed living area of the dwelling unit, which excludes features such as garages, patios, and porches. If there is more than one (1) Accessory Structure, the combined square footage shall apply;
E.
An Accessory Structure(s) shall not exceed the height of the dwelling unit or twenty-five (25) feet, whichever is greater.
F.
Accessory structures that are buildings shall be located in side and rear yards, unless:
1.
The accessory building is the same architectural style and the exterior walls and roof are the same material and color as the principal dwelling unit; or
2.
The accessory building is the type typically found in the front yard, such as gazebos, well coverings, or mailbox enclosures. Such building shall be no greater than one hundred (100) square feet or of the minimum size and height to accomplish the use, whichever is less; or
3.
The accessory building is located a minimum of one hundred (100) feet from the front property line.
G.
Vehicles, Manufactured Housing and Mobile Homes, Shall not be used as storage Buildings, utility Buildings, or other such uses.
H.
Cargo and shipping containers shall not be used as Accessory Structure(s) in residential zoning districts.
10.01.02 Swimming Pools, Hot Tubs, and Similar Structures.
A.
Setbacks for swimming pools, hot tubs and similar structures shall be measured from the edge of the deck or enclosure; the minimum setback shall be five (5) feet from the property line or the setback required by the zoning district, whichever is greater.
10.01.03 Accessory Dwelling Units.
A.
Purpose. The purpose of this Section is to provide for less expensive housing units to accommodate growth, provide housing for relatives and to provide for security.
B.
Definition and Standards. Accessory Dwelling Unit is a self-contained dwelling with its own entrance, cooking accommodations, and complete bathing facilities, which shares a parcel or lot with a single-family dwelling unit. Accessory Dwelling Unit may be allowed within the Agricultural and residential zoning districts provided that all of the following requirements are met:
1.
The Lot must be a Lot of Record or a legally created Lot.
2.
No more than one (1) Principal Dwelling Unit and one (1) Accessory Dwelling Unit Shall be permitted on any Lot of Record, or legally created Lot. A lot or parcel of land containing an Accessory Dwelling Unit shall be occupied by the owner of the premises, and the owner may live in either the Accessory Dwelling Unit or the Principal Dwelling Unit. Prior to the date a building permit is issued for an Accessory Dwelling Unit or prior to the use of an existing Structure as an Accessory Dwelling Unit, the Owner Shall execute and the County Manager or designee Shall record in the public records of Lake County, Florida, at the Owner's expense, a legal document that requires the principal dwelling and the Accessory Dwelling to remain in the same ownership and limiting occupancy of either the Principal Dwelling Unit or the Accessory Dwelling Unit to the owner of the property. Proof that such restrictions has been recorded shall be provided to the County Manager, or designee, prior to issuance of the occupancy permit for the Accessory Dwelling Unit.
3.
An Accessory Dwelling Unit may be an apartment unit or a stand-alone building that is not accessible from the interior living area of the primary dwelling.
4.
If one or more of the following factors exist or are depicted on a plot plan or construction plan, the structure shall be determined to be an Accessory Dwelling Unit:
a.
A separate utility meter may service the additional living space;
b.
The additional living space may have a separate address;
c.
The additional living space may be connected to the primary dwelling by a breezeway or walkway regardless of whether it is enclosed or open; or
d.
The additional living area qualifies as a separate dwelling under the Florida Building Code.
5.
The enclosed living area of the Accessory Dwelling Unit Shall not exceed one thousand two hundred (1,200) square feet or seventy percent (70%) of the air conditioned, enclosed living area of the principal dwelling (excludes garages, patios, porches and the like), whichever is greater.
6.
The Accessory Dwelling Unit Shall be located and designed not to interfere with the appearance of the principal dwelling as a one-family Dwelling Unit. If the lot is less than an acre, the Accessory Dwelling Unit Shall be the same architectural style as the principal Dwelling Unit unless developed under the provisions of Section 22-19, Lake County Code.
7.
The principal dwelling unit and the Accessory Dwelling Unit shall share a common driveway if access to the Accessory Dwelling Unit is from the same right-of-way or easement.
8.
Impact fees Shall be paid on an Accessory Dwelling Unit unless it qualifies for an exemption under Chapter 22, Lake County Code.
9.
Mobile or modular homes installed for purposes of being used as an Accessory Dwelling Unit shall have a solid foundation or Permanent skirting around the perimeter of the unit and any wheels, tongue or any transportation apparatus must be removed or enclosed.
(Ord. No. 2023-50, § 3, 8-8-23; Ord. No. 2025-4, § 3, 1-21-25)
10.01.04 Boat Docks and Ramps.
A.
Private Boat Docks and Ramps.
1.
Private boat docks and ramps shall be permitted as an accessory use within all residential zoning districts. Private boat docks and ramps shall meet the front and side setback requirements of the residential zoning district in which they are located.
2.
A common private boat dock or ramp for the private use of two (2) or more lots shall be encouraged and shall meet the setback requirements of the zoning district in which it is located. However, the setbacks shall be applied from the two (2) outermost property lines of the lots upon which the dock or ramp is located, i.e., not from the internal property lines of the lots that are sharing the dock or ramp.
3.
Private boat docks and ramps shall only be permitted as an accessory use on the residential lot on which the main principal dwelling is located or on a lot owned by the property owner and adjacent and contiguous to the residential lot on which their residential structure is located. A lot shall be considered adjacent and contiguous if a substantial part of the lot actually touches the developed residential lot or is separated by a road right-of-way, which physically divides both lots. Private boat docks and ramps shall not be permitted on lots that are not adjacent and contiguous to the residential lot developed with a residence.
B.
Boat Docks and Boat Ramps placed on Common Areas. Boat docks and boat ramps placed on common areas shall only be permitted as part of a platted residential subdivision and only under the following conditions:
1.
The boat dock or boat ramp is placed on a tract of land entirely within the subdivision, which is specifically designated for a common area on the recorded plat. The boat dock or boat ramp shall be set back a minimum of one hundred (100) feet from property not within the subdivision and a minimum of ten (10) feet within the 100-foot setback shall be landscaped to provide a visual screen and reduce noise. However, an applicant with a recorded plat as of May 19, 1992, which designates a parcel for recreational uses, common elements or common areas, shall be permitted at a minimum setback of twenty-five (25) feet in lieu of the one hundred (100) foot setback otherwise required.
2.
Access to the boat dock or boat ramp shall be located entirely within the platted subdivision within which the boat dock or boat ramp is to be located.
10.01.05 Home-based Business. A home-based business shall be allowed as an accessory use in a bona fide dwelling unit or accessory building on the same lot as the dwelling unit in all Future Land Use Categories that allow residential uses, subject to the following requirements:
A.
The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two (2) employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling.
B.
Parking related to the business activities of the home-based business must comply with all other parking requirements contained within these regulations and the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. Vehicles and trailers used in connection with the business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence. The parking or storage of heavy equipment at the business which is visible from the street or neighboring property is prohibited. For purposes of this paragraph, the term "heavy equipment" means commercial, industrial, or agricultural vehicles, equipment, or machinery,
C.
As viewed from the street, the use of the residential property must be consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood. The home-based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property.
D.
The activities of the home-based business are secondary to the property's use as a residential dwelling.
E.
The business activities will comply with any applicable local or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors.
F.
All business activities comply with any applicable local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids.
10.01.06 Backyard Chickens. Chickens, other than roosters, shall be allowed for personal use as an accessory use within the Estate Residential (R-2), Medium Residential (R-3), Medium Suburban Residential (R-4), Urban Residential (R-6), Mixed Residential (R-7), and Mixed Home Residential (RM) Districts subject to the following requirements:
A.
Any person keeping, harboring, raising or maintaining chickens as an accessory to an occupied dwelling unit shall be subject to the following restrictions:
1.
No more than five (5) chickens may be kept;
2.
Slaughtering of chickens is prohibited;
3.
Chickens must be secured within the chicken coop or fenced enclosure at all times;
4.
All feed and other items associated with the keeping of chickens that are likely to attract or to become infested with rodents or other pests shall be kept in a rodent and pest-proof container;
5.
No manure shall be allowed to accumulate on the floor of the coop or ground. A fly-tight bin for storage of manure shall be utilized; the size shall be sufficient to contain all accumulations of manure. The fly-tight bin shall be kept at least twenty (20) feet away from all property; and
6.
Composting of chicken manure shall be allowed in an enclosed bin. The composting bin shall be kept at least twenty (20) feet away from all property lines.
B.
Chicken coop or fenced enclosure used to house chickens. Any chicken coop or fenced enclosure used to house chickens shall:
1.
Not be located in the front or side yards; and
2.
Be set back a minimum of twenty (20) feet from all property lines.
10.01.07 Reserved.
(Ord. No. 1997-22, § 2, 3-18-97; Ord. No. 1997-44, § 9, 6-17-97; Ord. No. 1997-65, § 10, 9-23-97; Ord. No. 2001-89, § 2, 6-5-01; Ord. No. 2002-1, §§ 2, 3, 1-22-02; Ord. No. 2004-14, § 2, 3-16-04; Ord. No. 2007-27, § 17, 6-5-07; Ord. No. 2008-45, § 3, 7-1-08; Ord. No. 2013-27, § 2, 5-21-13; Ord. No. 2013-67, § 3, 12-17-13; Ord. No. 2015-55, § 4, 12-15-15; Ord. No. 2017-52, §§ 13, 14, 10-24-17; Ord. No. 2020-14, § 2, 4-21-20; Ord. No. 2022-4, § 2, 1-11-22; Ord. No. 2022-21, § 2, 4-12-22; Ord. No. 2022-14, § 3, 3-8-22)
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.
Accessory uses and structures in commercial and Industrial zoning districts shall comply with all setback requirements of the principle building.
10.03.01 Accessory uses for the purpose of donation drop-off locations.
A.
Accessory uses for the purpose of donation drop-off locations ("donation bins") may be permitted in non-residential districts subject to the following:
1.
The use is for a non-profit organization only.
2.
The donation bin must have the organization's name and contact phone number printed on the side of the bin and plainly visible to the public.
3.
The use is maintained within an enclosed container donation bin. The overflow of donated items is not permitted, and maintenance of the location shall be the responsibility of the property owner.
4.
The donation bin must have a statement printed on it that is plainly visible to the public that conveys that only items able to fit inside the bin may be donated at the site, and that no overflow items may be left on the ground.
5.
The donation bin meets all setbacks associated with the principle structure on the lot or parcel where it is located and shall be located behind the building front of the principle structure.
6.
The donation bin may not be located within any required parking spaces associated with the principle use of the lot or parcel, nor may it be located within any vehicle or pedestrian travel lanes. All donation bins must be located only upon improved, level, and paved surfaces which constitute part of larger developed and occupied building site. No donation bin shall be permitted on any site that is developed but unoccupied. Donation bins shall not encroach on any required landscaping, and no required landscaping shall be removed to install a donation bin.
7.
The donation bin may be no greater than one hundred sixty (160) square feet in size.
8.
The container must be maintained in good repair and shall match the color of the principle structure to the extent feasible located on the same lot or parcel; provided however, bins reflecting the color scheme of the sponsoring business or charity may be permitted. A donation bin shall be limited to one (1) bin per parcel, except that one (1) additional donation bin may be permitted if the parcel or lot is greater than two (2) acres in size.
9.
Approval from the Office of Planning and Zoning shall be required prior to installation of any such use. In order to obtain approval for one or more donation bin(s) on a site, the applicant shall file with the County Manager, or designee, in writing the following information:
i.
A completed application and applicable fees; and
ii.
A site plan showing the location of the proposed donation bin and al site improvements on the property. The location of the donation bin(s) shall comply with the requirements of this Section; and
iii.
Notarized written consent of the property owner or legal designee to establish the donation bin(s); and
iv.
Information as to the manner and schedule for which the donation bin(s) will be emptied and maintained; and
v.
Evidence that the applicant is authorized to conduct business in the State of Florida.
B.
Exemptions. Exempt from the requirements of subpart A above are accessory uses for the purpose of donation drop-off locations which are necessary for execution of the business enterprise lawfully situated on private property.
(Ord. No. 2020-12, § 3, 3-10-20)
10.04.01 Purpose and Intent. Temporary Portable Storage Containers (TPSC) are permitted in a manner that is safe and compatible with adjacent surrounding uses in compliance with this Section.
10.04.02 Prohibitions. Any TPSC exceeding twenty (20) feet in length shall be prohibited in residential zoning districts.
10.04.03 Criteria for Temporary Portable Storage Containers. A TPSC may be permitted in any zoning district and is not subject to zoning permit or building permit requirements, provided it meets the following criteria:
A.
Number of Units. For parcels or lots one (1) acre or less in size, a maximum of one (1) TPSC shall be permitted. For parcels or lots greater than one (1) acre in size, a maximum of three (3) TPSC shall be permitted.
B.
Placement/Location. The following criteria shall apply to the location and placement of a TPSC:
1.
A TPSC shall be prohibited on a vacant parcel or lot.
2.
TPSCs shall not be stacked.
3.
A TPSC shall be located a minimum of five (5) feet from any property line and/or structure.
4.
A TPSC shall not be permitted within a required landscape area, buffer area, areas that are considered environmentally sensitive or within easements.
5.
A TPSC shall not be permitted in a manner that impairs a motor vehicles operator's view of other vehicles, bicycle or pedestrian ways, entering or exiting a sidewalk or right-of-way, or in a manner that obstructs the flow of pedestrian or vehicular traffic.
C.
Duration. TPSCs may remain on a parcel or lot for a maximum of one hundred and twenty (120) days during a calendar year.
10.04.04 Exemptions. The following shall be exempt from the provisions of this Section:
A.
Structures such as storage sheds that are assembled on site or pre-manufactured, roll off trash bins, trucks, or trailers.
B.
Properly permitted businesses that sell, rent or lease TPSCs.
C.
A TPSC used in conjunction with an agricultural use on land classified as agricultural by the Lake County Property Appraiser pursuant to Chapter 193, Florida Statutes.
(Ord. No. 2015-55, § 3, 12-15-15)
Ord. No. 2013-27, § 2, adopted May 21, 2013, repealed § 10.05.00 in its entirety. Former § 10.05.00 pertained to temporary housing for the care of infirm, terminally ill, or disabled persons, and was derived from Ord. No. 2001-114, § 2, adopted September 4, 2001; Ord. No. 2004-14, § 4, adopted March 16, 2004; Ord. No. 2004-40, §§ 2, 3, adopted June 15, 2004 and Ord. No. 2005-65, § 3, adopted August 2, 2005, respectively.