(a)

Purpose. This Section allows for the establishment of certain temporary uses (including special events) of a limited duration and temporary structures, provided that such uses, structures, and events do not negatively affect adjacent land, are discontinued upon the expiration of a set time period, and do not involve the construction or alteration of any permanent building or structure.

(b)

General standards for all temporary buildings and structures. Unless otherwise specified in this Code, any temporary use or structure shall:

(1)

Obtain a temporary use permit (if required) and any other applicable City or State permits;

(2)

Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;

(3)

Be compatible with the principal uses taking place on the site;

(4)

Not have substantial adverse effects or noise impacts on any adjoining permanent uses or nearby residential neighborhoods;

(5)

Not include permanent alterations to the site;

(6)

Meet all the setback requirements of the zoning districts;

(7)

Comply with temporary signage standards in Chapter 38, Article I, Signs;

(8)

Not maintain temporary signs associated with the temporary use or structure after the activity ends;

(9)

Not violate the applicable conditions of approval that apply to a site or a use on the site;

(10)

Not interfere with the normal operations of any permanent use located on the property; and

(11)

Be located on a site containing sufficient land area to allow the temporary use, structure, or special event to occur and accommodate associated pedestrian, parking, traffic movement without disturbing environmentally sensitive lands.

(c)

Standards for specific temporary buildings and structures:

(1)

Farmers' market (as a temporary use). A farmers' market operating as a temporary use shall comply with the following standards:

a.

Operate on one day per week on a single site.

b.

Renew all applicable Temporary Use Permits once per calendar year.

c.

Be limited to the retail sale of fresh fruits and vegetables, herbs, mushrooms, nuts, honey, raw juices, molasses, dairy products, eggs, poultry, meats, fish, shellfish, fresh-cut or dried flowers, nursery stock, seedlings, plants, and other agriculture, aquaculture, and horticulture products produced by the vendor/producer, including the sale of products made by the vendor/producer from such agriculture, aquaculture, and horticulture products (e.g., baked goods, jams and jellies, juices, cheeses) and incidental sales of crafts or similar home-made products made by the vendor/producer.

d.

Provide adequate ingress, egress, and off-street parking areas.

(2)

Garage or yard sale. A garage or yard sale is allowed as a temporary use provided it complies with the requirements in Subpart A, Chapter 62, Article V, Household Sales of the Code of Ordinances, as amended.

(3)

Mobile food establishment. The following requirements apply to mobile food establishments:

a.

General mobile food establishment operating requirements. All mobile food establishments operating in the City of Vero Beach shall comply with the following requirements

i.

Mobile food establishments are not required to obtain any local licenses, registrations, permits or pay any operating fees from the City of Vero Beach.

ii.

Mobile food establishments shall comply with all requirements of the most current edition of the Florida Fire Prevention Code (FFPC) and the National Fire Protection Association (NFPA). Upon inspection, if the fire marshal or his designee determines any violations of the FFPC or NFPA exists, the mobile food establishment can be required to cease operations immediately.

iii.

The selling or distributing of alcoholic beverages from a mobile food establishment must be in accordance with Chapter 6, Alcoholic Beverages, of the Code of the City of Vero Beach. The establishment must also have a valid state license to sell alcoholic beverages, and be able to provide a copy upon request.

iv.

Under no circumstances shall grease or any waste materials be released into any stormwater system, tree landscaping area, sidewalks, streets, parking lots, or private/public property. Mobile food establishments shall be responsible to properly discard any waste material in accordance with federal, state, county, municipal, or any laws, rules, regulations, orders, or permits.

v.

Any person engaged in selling, preparing, or dispensing food from a mobile food dispensing vehicle shall obtain the appropriate approvals and licenses from the State of Florida Department of Business and Professional Regulations, (DBPR), Florida Department of Health, and/or the Florida Department of Agriculture and Consumer Services before operating, and be able and willing to provide copies of all approvals and licenses upon request.

vi.

The mobile food establishment shall make the mobile food dispensing vehicle available for routine inspections by the Fire Marshal, Building Inspector, or Code Enforcement Officer at any time requested and at any frequency deemed appropriate, while at location or in operation, to ensure compliance with all applicable federal, state, and local fire safety statutes, regulations and codes, and local regulations of this Section.

b.

Mobile food establishments conducting business in conjunction with an approved temporary use permit for a special event, pursuant to Sec. 64.45(d), or events held on City-owned public property shall comply with all standards and requirements as established by the event coordinator, in addition to any applicable state regulatory agency's regulations and the general mobile food establishment operating requirements above.

c.

Mobile food dispensing vehicles. Mobile food establishments operating from a mobile food dispensing vehicle may operate without a temporary use permit in the zoning districts allowed by Sec. 64.44, in accordance with the following standards:

i.

The mobile food establishment shall only occur on non-residential use property with a minimum parking lot of 15 spaces with an approved parking area surface pursuant to Sec. 63.10. The host site of the mobile food establishment shall be in compliance with the required off-street parking ratios for the uses on the site pursuant to Sec. 63.04, Parking ratios.

ii.

Limitation on the total number and hours of operation.

(a)

Mobile food establishments shall not require the use of more than 20% of existing parking spaces on the site and shall not have more than two mobile food dispensing vehicles operating at any one time, except as may be permitted as part of an approved temporary use permit for special event as regulated in Sec. 64.45(d).

(b)

Mobile food establishments shall only operate during business hours of the host location or property, except as may be permitted as part of an approved temporary use permit for special event as regulated in Sec. 64.45(d).

iii.

Operating requirements.

(a)

Mobile food establishments shall have the written consent of the owner(s) of the property on which it is located. Such written permission shall be available upon request by the representative of any regulating agency.

(b)

Mobile food establishments are responsible for all trash, debris, or litter generated from its operation. Mobile food dispensing vehicles shall be self-contained when operating, and provide their own required trash and/or recycling receptacles, and receptacles for public use. Mobile food establishments shall remove all waste and trash at the end of each day of operation, and prior to vacating their location, and fully comply with F.A.C. Rule 61C-4.0161.

(c)

Mobile food establishments operating at a site for a duration longer than three hours shall have an agreement which confirms that employees have access to a public restroom on the site of the establishment's location during the hours of operation.

(d)

In addition to the location of the mobile food dispensing vehicle, a 10-foot by 10-foot area, covered or uncovered, may be permitted to accommodate seating and tables, if approved by the property owner.

iv.

Prohibitions. Mobile food establishments operating a mobile food dispensing vehicle without a temporary use permit are prohibited from the following:

(a)

Serving from a free-standing grill.

(b)

Operating in a driveway, driveway aisle, loading zone, no parking zone, fire lane, blocking fire hydrants or any other fire protection devices and equipment, or American with Disabilities Act (ADA) accessible parking spaces and/or accessible ramps.

(c)

Operating in a location that impedes on-site circulation of motor vehicles, obstruct or block the view of motor vehicles using driveways, the ingress or egress of a building, or emergency exits.

(d)

Operating at abandoned or vacant business locations, and in any approved landscape buffer or stormwater retention area.

(e)

Use of sound amplification in violation of Chapter 38, Article III, Noise Control of the Code of the City of Vero Beach.

(f)

Using prohibited signs listed in Sec. 38.17, Prohibited signs, such as pennants, balloons, streamers, discs, festooning, tinsel, strings of ribbons, whirligigs, inflatable objects, cut out figures, beacons, and fixed aerial signage or similar attention-getting devices to attract customers.

(4)

Special events. A special event shall comply with the following standards:

a.

The special event shall only occur on non-residential use property.

b.

Limitation on the total number and length of special events. No property shall have more than a cumulative total of three such events in any calendar year. The total number of days for all special events on the property shall not exceed 30 days in any calendar year, except for Christmas tree sales. Christmas tree sales may commence no earlier than November 16 and end no later than December 30.

c.

Permit conditions. Every special events permit shall have the following conditions and any other conditions that may be required by the Planning Director or other appropriate authority to address a particular issue related to protecting the public health, safety, or general welfare of the public and the protection of the environment:

i.

The activity, display and/or sales areas shall not interfere with the approved vehicular circulation system as specified on the approved site plan for the subject property.

ii.

The area of activity, display, and/or sales areas shall not occupy more than ten percent of the required on-site parking spaces, except where the special event is conducted outside of normal business hours for the approved uses on the site.

iii.

Applicable building, electrical, mechanical, and/or health permits shall be obtained for any temporary structures, utilities, and health and sanitation facilities.

iv.

The maximum hours of operation shall be limited to the period from 7:00 a.m. to 10:00 p.m. daily, except may be as further limited by the Planning Director to protect the public health, safety, or general welfare, including limiting adverse impacts on adjacent residential uses.

v.

Any tent used for an activity, display, or sales shall be approved by the Fire Marshal for fire resistance.

vi.

All temporary structures and utilities for the special event shall be removed and the site returned to its original condition by no more than one day after the last day of the event.

(5)

Temporary construction-related structure or storage facility.

a.

All temporary construction-related structures and storage facilities shall not be moved onto the project site prior to the issuance of a building permit and shall be removed within 30 days after issuance of the final certificate of occupancy for the constructed development.

b.

A temporary construction-related structure or storage facility may be placed on a property adjacent to the construction site if site constraints make it infeasible to locate the structures or facilities on the construction site, provided the adjacent site is restored to its previous condition within 60 days after issuance of the final certificate of occupancy of the constructed development.

c.

Parking for employees of the temporary construction-related structure and storage facility shall be provided.

d.

Construction site fencing may remain in place provided the building permit remains active and has not expired.

(6)

Temporary factory-fabricated portable building. A temporary factory-fabricated transportable building shall comply with the following standards:

a.

The building may be placed on a parcel and temporarily used only for the following uses:

i.

Temporary on-site expansion of classroom space for an existing school or other education use as an alternative means of meeting growing classroom needs or pending implementation of City-approved plans for the permanent expansion of classroom space.

ii.

Temporary on-site expansion of space for an existing community services use, government administrative offices, health care use, place of worship, or other community-serving institutional use (other than education uses) pending implementation of City-approved plans for the permanent expansion of existing facilities.

iii.

Temporary on-site office space for construction management and security uses during construction of new development in accordance with City-approved plans.

iv.

A temporary on-site space for real estate sales or leasing activities associated with a new development pending construction of the development.

v.

Temporary on-site space for recreational use for a new residential development pending construction of permanent recreational facilities approved by the City as part of the development.

vi.

A temporary building providing temporary quarters for the occupants of a principal dwelling or nonresidential building damaged or destroyed by a fire, hurricane, or other physical catastrophe while the dwelling or building is being repaired or reconstructed.

b.

Except as otherwise provided in this Code, the temporary building may be located anywhere on the site except within the following areas:

i.

Existing required landscaping or perimeter buffer areas;

ii.

Areas designated as future required landscaping areas, whether or not vegetation currently exists; and

iii.

Other areas designated on the site for open space, vehicular access, or parking.

c.

Adequate off-street parking for the temporary building use shall be provided in accordance with the minimum standards for number of off-street parking spaces in Chapter 63, Off-Street Parking and Loading Requirements.

d.

All permits required by applicable building, electrical, plumbing, and mechanical Codes shall be obtained before placement of the temporary building.

e.

The temporary building shall be compatible with any existing buildings on the site in terms of exterior color. Bright, luminescent, or neon colors and highly reflective surfaces are prohibited.

f.

Applicant shall have an active site plan application or approval for the development of the permanent facilities for the temporary building use.

g.

The temporary building shall be removed from the site within 30 days after issuance of the final certificate of occupancy for the permanent expansion, new development, permanent recreation facility, permanent facility, or repaired or reconstructed dwelling/building, as appropriate.

(7)

Temporary model sales home/unit. A single model sales home/unit may be located on a new development site and temporarily used for sales or leasing uses associated with the development, subject to the following standards:

a.

A model sales home shall be located on a parcel or building site approved as part of the site plan, and a model sales unit shall be located within a building approved as part of the development.

b.

Adequate off-street parking for the real estate sales/leasing use of the model sales home/unit shall be provided, in accordance with the minimum standards for number of off-street parking spaces in Chapter 63, Off-Street Parking and Loading Requirements.

c.

One model home may be constructed for every 20 parcels, or one model home for every 15 parcels if the model homes are contiguous to each other under construction, up to a maximum of three model homes for a subdivision.

d.

A model sales home/unit may be used for temporary sales/leasing until such time as the last lot in the subdivision is developed.

e.

On termination of the temporary real estate sales/leasing use of a model sales home/unit, the home/unit shall be converted into, or removed and replaced with, a permanent permitted use, and any excess parking shall be removed and landscaped in accordance with Chapter 72, Article II, Landscaping.

f.

No model home may be constructed or occupied prior to preliminary plat approval by the City.

g.

No model home may be converted to a single family unit and occupied until all subdivision improvements are accepted in accordance with Chapter 70, Subdivisions.

h.

Temporary structures such as modular buildings may be allowed as a temporary sales office, only while the model home is being constructed in accordance with this section. There shall be no more than one temporary sales office per subdivision.

i.

City water and wastewater facilities shall be operating.

j.

A stabilized road access shall be in place.

k.

A model sales home shall not be used for storage of building materials.

l.

If the space for a required garage has been converted to space for purposes other than a garage, the space must be converted back to a residential garage and equipped with a standard garage door prior to the sale and use of the home as a dwelling unit.

(8)

Temporary not-for-profit car wash. Temporary not-for profit car wash services shall comply with the following standards:

a.

The use shall be limited to no more than one day per week and a total of 14 days per calendar year, per individual site.

b.

The use shall comply with National Pollutant Discharge Elimination System (NPDES) requirements for mobile vehicle washing, including use of containment booms or storm drain covers and mats to prevent wastewater from entering a stormwater drain.

(9)

Temporary outdoor promotional activities and sidewalk sales. The sale and promotion of goods and services made available by businesses located on the premises are permitted subject to the following:

a.

Activities held on the adjacent public sidewalk may be held for up to three consecutive days up to three times per calendar year.

b.

Activities that do not obstruct parking and are held on private property may be held for up to ten consecutive days up to three times per calendar year.

(10)

Temporary portable storage unit. Temporary storage in a portable storage unit may be permitted to serve an existing use on the same parcel, subject to the following standards:

a.

Number. No more than two units shall be located on a parcel.

b.

Size. No unit shall be more than eight feet wide, 16 feet long, or eight feet high.

c.

Duration.

i.

No unit shall be placed on a parcel in a residential zoning district for more than 7 consecutive days, or for more than 14 days within any calendar year.

ii.

No unit shall be placed on a parcel in a nonresidential zoning district for more than 14 consecutive days, or for more than 28 days within any calendar year.

iii.

In the C-1 zoning district, a portable storage unit may be placed on a parcel during the holiday season (October 15 to January 15).

d.

Location.

i.

In a residential zoning district, a unit may be placed only in a driveway or, if alley access to the rear of the lot exists, in the rear yard. If no driveway or alley access to the rear of the lot exists, a unit may be placed in the front yard of the lot provided Planning Director determines that such placement does not obstruct the free, convenient, and normal use of the public right-of-way.

ii.

In a nonresidential district, a unit may be placed only in the rear yard or side yard. In no case may a unit be placed in the front yard, in any front parking lot of a commercial use, or in fire lanes, passenger loading zones, commercial loading areas, or public rights-of-way.

e.

Removal upon hurricane warning. Notwithstanding the time limitations established in subparagraph [3] above, all portable storage units shall be removed immediately upon issuance of a hurricane warning by a recognized government agency.

f.

Maintenance and Security.

i.

The owner and operator of the lot containing a portable storage unit shall ensure that the unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing, or other holes or breaks.

ii.

The unit shall be kept locked when not being loaded or unloaded.

g.

Hazardous Materials Prohibited. The owner and operator of the lot containing a portable storage unit shall ensure that no hazardous material is stored within the unit.

(11)

Temporary use of an accessory structure as a principal dwelling after a catastrophe. An existing structure that is accessory to an existing principal dwelling that has been damaged or destroyed by a fire, hurricane, or other physical catastrophe may be temporarily used as the principal dwelling on the parcel while the damaged or destroyed principal dwelling is being repaired or reconstructed, provided it meets the following standards:

a.

The building or inhabited part thereof shall meet all applicable building, health, and other regulations for a habitable dwelling.

b.

The building shall comply with any additional standards set forth in a Declaration of Emergency issued by authorized officials in response to the catastrophe.

c.

The building shall be removed or converted to an authorized accessory use within 30 days after issuance of the certificate of occupancy for the permanent principal dwelling. In no case shall the building be used as the principal dwelling for more than two years unless authorized by a longer time period set forth in a Declaration of Emergency issued by authorized officials in response to the catastrophe.

(Ord. No. 2023-17, §§ 6, 7, 9-26-2023)