Brevard County |
Code of Ordinances |
CODE OF ORDINANCES OF BREVARD COUNTY, FLORIDA VOLUME II |
Chapter 62. LAND DEVELOPMENT REGULATIONS |
Article VI. ZONING REGULATIONS |
Division 5. SPECIFIC CRITERIA FOR PERMITTED USES WITH CONDITIONS AND CONDITIONAL USES |
SubDivision III. Conditional Uses |
§ 62-1946. Security mobile homes.
Mobile homes may be permitted as a conditional use for temporary security purposes subject to the following specific restrictions and conditions:
(1)
In the agricultural zoning classification (AU), a minimum of five acres is required before application may be made for a security mobile home.
(2)
When applying for the security mobile home, the applicant must provide information, in writing, to justify the need for a security guard. If alleged vandalism or other unlawful activities are used for such justification, the applicant shall provide written documentation from the sheriff's department to substantiate any such activity that has occurred within six months of the application date. The applicant shall attach to the application a written discussion of his permanent plans for security for the property, after the expiration of the temporary security mobile home.
(3)
Once the mobile home is placed upon the property, the wheels and axles should not be removed, and no building permit shall be approved for additions or structures accessory to the mobile home, except that in the agricultural zoning classification (AU) a screened room, cabana, porch or carport may be permitted provided that the addition or structure can be dismantled and stored within four hours.
(4)
An OSTDS is required for each mobile home as provided for in the state department of health regulations, chapter 46 and subsection 62-3666(14).
(5)
In the agricultural residential zoning classification (AU), the mobile home shall be set back at least 100 feet from all road rights-of-way. All mobile homes shall be located at least 200 feet from any residence under different ownership.
(6)
Where accessory to a church, the mobile home shall provide a 25-foot setback from the side and rear lot lines and a 50-foot setback from any road right-of-way. The security mobile home shall be screened and landscaped to reduce the visibility from adjacent properties. The temporary mobile home shall not be used for classrooms or as a place for public assembly.
(7)
Such conditional use shall be for a period of up to three years in all classifications where it is allowed as a conditional use. At the expiration of the original three-year period the owner of the affected property may apply to the county manager or designee for a one year extension. If the character of the neighborhood is substantially the same as when the original conditional use permit was granted, the ownership of the property has not changed, and the owner has complied with the provisions of this section, and if the need for a security mobile home is shown, then the county manager or designee may grant the extension administratively. Such administrative extension shall not be granted after the expiration of two one-year periods from the expiration of the original three-year period. The fee for such an application shall be established as part of the fee schedule. If the county manager or designee finds the extension is not warranted, and therefore the extension is not granted administratively, the landowner has the right to apply to the planning and zoning board and board of county commissioners for the conditional use under the provisions subsection (9), which include the requirement of an additional application fee for a continued use.
(8)
Where the conditional use is for property zoned BU-1 or BU-2, the security mobile home shall be located to the rear of the principal building, and parking requirements shall not be altered due to the placement of the mobile home on the property.
(9)
The purpose of this conditional use is to alleviate an urgent temporary need or to allow time for permanent facilities to be constructed. Therefore, the conditional use shall not be extended past the administrative renewal time limits set forth in subsection (7) of this section unless the board of county commissioners further restricts administrative renewal. Upon the effective date of Ordinance No. 2000-28, the maximum time period a property owner may utilize a security mobile home as conditional use shall be five years. Once that five-year time period has elapsed, no further applications can be made to extend the use of the security mobile home on the property, unless a change in property ownership occurs. If a change in ownership occurs after the five-year maximum time period elapses, the new owner may apply for a conditional use permit for a maximum of five years. If ownership changes in the midst of the five-year approval time, the new owner would be entitled to utilize a security mobile home for the time period remaining on the approval. Upon its expiration, said owner may apply for a conditional use permit to extend the use of the security mobile home provided, however, that the maximum cumulative time for a mobile home by any one owner can not exceed five years.
(10)
The maximum size permitted for a security mobile home as a conditional use shall be 1,000 square feet.
(Code 1979, § 14-20.16.2(B)(45); Ord. No. 95-51, § 9, 10-19-95; Ord. No. 97-49, § 15, 12-2-97; Ord. No. 2000-28, § 1, 5-2-00; Ord. No. 2018-24, § 22, 10-9-18)