Polk County Complaint-Issue #2 against stab

Section 209 Accessory Buildings (Rev. 12/17/0 3 - Ord. 03-96)

This Section applies to accessory buildings in all districts. Accessory structures may be located on a parcel provided that the following requirements are met:

A. Building Permit (Rev. 12/17/0 3 - Ord. 03-96)
A building permit sH all be obtained prior to the construction of an accessory structure.

B. Permitted Principle Use
Prior to locating an accessory structure on a parcel, there sH all be a permitted principal use as listed on Table 2.1 located on the parcel, in full compliance with all applicable standards and requirements.

C. Compliance with Standards
All accessory buildings sH all comply with standards pertaining to the principal use, for height restrictions and building separations.

D. Location
Accessory structures sH all not be located in a required buffer, minimum accessory structure setback area, public right-of-way, or easement (unless authorized by the easement or approval is obtained from the easement holder).

E. Prohibited Accessory Structures
Vehicles, vehicle parts, convex shipping containers, boilers, walk-in freezers, and mobile homes sH all not be used as accessory structures in any district.

F. Attached/Connected Accessory Structures
Roofed accessory structures physically attached or connected to the principal structure sH all be considered a part of the principal structure and sH all be subject to the same standards as the principal structure unless exempted or superseded elsewhere in this Code.

Section 206 Accessory Uses (Revised 01/03/05 - Ord. 04-80; 7/25/01 - Ord. 01-57)

Accessory uses are permitted in conjunction with the primary use in all land use districts. Accessory uses are those land uses that are incidental and subordinate to the primary use of the property (see table 2.1 for a list of primary land uses allowed per district). Specific requirements pertaining to the determination of what is incidental and subordinate for certain types of accessory uses are listed in the section and sections to follow in this chapter

E. Home Occupations (Revised 01/03/05 - Ord. 04-80)
Home occupations may be permitted as an accessory use to an existing dwelling unit in all residential districts subject to the applicable district regulations and the requirements listed.

1. Procedure:
a. Home occupations located other than within the principal dwelling unit (e.g. within an accessory structure or garage) sH all be allowed as an accessory use pursuant to a Level 3 Review.
b. Home occupations conforming to this Section and located within the principal dwelling unit sH all be allowed without further County approval.
c. A maximum of one person who is not a member of the immediate family residing on the premises may be employed in the operation of a home occupation.
2. Regardless of the location of the home occupation, the principal dwelling unit on the property sH all be the bona fide residence of the home occupation practitioner. The home occupation sH all be clearly incidental and secondary to the property's use for residential purposes.
3. No home occupation may occupy more than 25 percent of the gross habitable ground floor area of the principal dwelling unit,
4. Traffic generated by the proposed use must not negatively impact the safety, ambiance and characteristics of the residential neighborhood. The increase to existing traffic created by the home occupation sH all not exceed ten additional trips per day. The assumption is that each residential site generates ten trips per day. Therefore, a home occupation may not exceed 20 trips per day.
5. No display of merchandise or outside storage of equipment or materials sH all be permitted.
6. No alterations sH all be made to the external appearance of any principal or accessory structures or of the property which changes the character of the site from residential to non-residential.
7. No equipment or process used in the home occupation sH all create noise, vibration, glare,fumes, electromagnetic interference, odors or air pollution outside the building.
8. One non-illuminated business identification sign mounted flush to the dwelling unit and not more than two square feet in area sH all be allowed.
9. No storage of hazardous materials, other than substances of a type and quantity customarily associated with a home or hobby, sH all be permitted.
10. All home occupation practitioners sH all obtain an occupational license.
11. The following uses are examples of home occupations:
a. Activities conducted principally by telephone, computer, facsimile, or mail.
b. Studios where handicrafts or objects-of-art are produced.
c. Teaching and tutoring instruction of no more than four pupils at a time.
d. Dressmaking or apparel alterations.
e. Barber and beauty shop (one chair).

12. The following are prohibited as home occupations:
a. Adult entertainment.
b. Automotive service and repair.
c. Bed and breakfast.
d. Eating and drinking establishments.
e. Kennels.
f. Manufacturing.
g. Tanning Salons, tattoo parlors, massage parlors.
h. Commercial sales or leasing of vehicles.
i. Any use that requires a Building Code upgrade (i.e., from residential standards to commercial standards) to accommodate the home occupation.

CHAPTER 3 CONDITIONAL USES

Section 301 Purpose and Intent

Conditional uses have unique characteristics that require the imposition of development criteria in order to ensure that they are not harmful to the health, safety, and welfare of residents, surrounding uses and surrounding properties. These criteria may be applied in relation to use, occupancy, location, construction, design, character, scale, manner of operation, or the necessity for making complex or unusual determinations. The uses are listed in this Section together with the specific criteria that apply to each conditional use. They are listed in alphabetical order according to the use as it appears on the Use Table. These criteria sH all be met in addition to all other standards of this Code, unless specifically exempted, and all applicable regulations of other governmental agencies.

Section 302 General Provisions

Four types of Conditional Uses are identified on the Use Table in Section 205. They are denoted by C1, C2, C3, or C4 which indicate the Level of Review necessary to insure the conditions are appropriately applied. These conditions sH all also apply to all Conditional Uses identified on the SAP Use Tables, Tables 4.1, 4.3, 4.8, and 4.11.

C1 Conditional uses which are reviewed at the staff level through an existing permit procedure. The review process is outlined in Section 904, Level 1 Reviews.

C2 Conditional uses which are reviewed by the staff but involve multiple issues or departments. The review process is outlined in Section 905, Level 2 Review, and involves review of a site plan by the Development Review Committee.

C3 Conditional uses which are reviewed by the staff but involve multiple issues and potential off-site impacts. The review process is described in Section 906, Level 3 Reviews, and includes a site plan submittal for review by the Development Review Committee (DRC) and a public hearing before the Planning Commission (peasee).

C4 Conditional uses which involve multiple issues and potential significant off-site impacts. These uses are reviewed by the DRC and include public hearings before the Planning Commission and BoCC. The procedure for this review is described in Section 907, Level 4 Review.

A. Additional Criteria
The Planning Commission or BOCC may impose additional criteria or conditions if warranted to further the intent and purpose of this Code. Such criteria sH all be based upon and consistent with the conditions applicable to similar uses and sH all be supported by stated reasons in the records.

B. Development SH all Conform (Rev. 12/17/0 3- Ord. 03-96)

No building, structure, land or water sH all hereafter be developed, redeveloped, used or occupied, and no building, structure, or part thereof sH all hereafter be erected, reconstructed, constructed, moved, located, or structurally altered except in conformity with the regulations set out herein. All floating structures and buildings, as well as development, buildings and structures built over or in water, sH all meet all the requirements of this Code and other applicable regulations.

1. A building permit sH all be obtained prior to the construction of any structure.

Florida Building Code  SECTION 105
PERMITS

105.1 Required.
Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, sH all first make application to the building official and obtain the required permit.

WHY DO YOU SAY "BAD NEWS" REGARDING SLohA? IF Alc Nttr MADE A MOTION TO SPEND $3,200 DOLLARS OF SLohA MONEY ON AN ENGINEER'S STUDY REGARDING THE FOOTINGS OF THE COMMUNICATION TOWERS BUILT WITHOUT PERMISSION THEN SLohA MUST BE HELD ACCOUNTABLE. SLohA IS SO QUICK TO BRING LEGAL ACTION AGAINST RESIDENTS FOR SIMPLE INFRACTIONS (i.g. late payment of association fees, etc.), THEN LET THEM "EAT CAKE, TOO".