Table 4.1-1, Table of Allowed Uses, sets forth the uses allowed within the general use zone districts.

4.1.1

Explanation of table.

(A)

Organization of use table. Table 4.1-1, Table of Allowed Uses, organizes the uses by use classifications, use categories and use types.

(1)

Use classifications. The use classifications are: residential uses; public and institutional uses; agricultural uses; and future land uses into broad general classifications (e.g., residential and business uses). The use classifications then organize land uses and activities into general use categories and specific use types based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions.

(2)

Use categories. The use categories describe the major subgroups of the use classification, based on common characteristics (e.g., the residential use classification is divided into two major use categories: household living and group living). Principal uses are identified in defining the use category. They are principal uses that most closely share the common characteristics that are key to the use category.

(3)

Use types. The use categories are divided into specific use types. The specific use types are included in the respective use category. They identify the specific uses that are considered to fall within characteristics identified in the use category. For example, single-family detached dwellings, single-family attached dwellings, two- to four-family dwellings, townhouses, multiple-family dwellings, manufactured dwellings, and mobile home dwellings are use types in the household living use category.

(4)

Use classifications, use categories and use types defined. The term "use classifications" is defined and the common characteristics of each use category are identified in Section 4.2, Use classifications, use categories and use types. The term "use types" is defined in Article 10, Definitions.

(B)

Permitted uses. The letter "P" in a cell indicates that a use category or use type is allowed by right in the respective zone district, subject to compliance with the use-specific standards set forth in the final column of the use table. Permitted uses are subject to all other applicable regulations of these LDRs, including those set forth in Article 5, Density, Intensity and Dimensional Standards; Article 6, Development Standards; and Article 7, Subdivision Standards.

(C)

Special exception uses. The letter "S" in a cell indicates that a use category or use type is allowed as a special exception in the respective zone district, subject to compliance with the use-specific standards set forth in the final column of the table and approval of a special exception permit in accordance with the procedures and standards of Section 2.4.4, Special exception permit.

(D)

Allowed uses in planned developments. The letter "A" in a cell indicates that a use category or use type is an allowed use in the respective planned development district, subject to compliance with the standards for planned development district approval.

(E)

Prohibited uses. A blank cell indicates that the use type is prohibited in the zone district.

(F)

Use specific standards. Regardless of whether a use category or use type is permitted by right or permitted as a special exception use, there may be additional regulations that are applicable to a specific use. The existence of these use-specific standards is noted through a section reference in the last column of the use table entitled Use Specific Standards. References refer to Section 4.3, Use specific standards. These standards apply to all zone districts unless otherwise specified.

(G)

Uses not listed. The LDR Administrator shall determine whether or not an unlisted use is part of an existing use category defined in Section 4.2, Use classifications, use categories and use types, or is substantially similar to an already defined use type, using the standards in Section 4.2, Use classifications, use categories and use types.

4.1.1

Table of allowed uses.

(Ord. No. 09-29, § 3(4.1.1), 9-28-2009; Ord. No. 12-06, § 3, 1-23-2012; Ord. No. 13-06, § 3, 5-6-2013; Ord. No. 14-08, § 3(Exh. A), 9-8-14; Ord. No. 16-04, § 3(Exh. A), 4-11-2016; Ord. No. 18-08, § 3(Exh. A), 4-9-2018; Ord. No. 19-31, § 3(Exh. A), 7-22-2019; Ord. No. 22-01, § 3(Exh. A), 10-11-2021; Ord. No. 22-12, § 3(Exh. A), 5-23-2022; Ord. No. 23-01, 3(Exh. A), 10-10-2022; Ord. No. 25-03 meeting, § 3(Exh. A), 1-13-2025)

4.2.1

Generally.

(A)

Purpose.

(1)

Use classifications. Use classifications organize land uses and activities into general use categories and specific use types based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. The use classifications provide a systematic basis for assigning present and future land uses into appropriate zone districts. Use classifications describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification. There are four use classifications in the table of allowed uses: residential uses, public and institutional uses, agricultural uses and business uses.

(2)

Use categories. The use categories describe the major subgroups of the use classification, based on common characteristics (e.g., the residential use classification is divided into two major use categories: household living and group living).

(3)

Use types. The use categories are divided into specific use types. The specific use types are included in the respective use category. They identify the specific uses that are considered to fall within characteristics identified in the use category.

(B)

Structure of this section.

(1)

Generally. This section identifies each of the four use classifications in the Table of Allowed Uses (Table 4.1-1), and includes a section under each use classification identifying each use category. There are characteristics and examples subsections under each use category. (Use types are defined in Article 10, Definitions.)

(2)

Principal use characteristics and accessory uses. The characteristics subsection describes common characteristics of each use category. Principal uses are assigned to the use category that most closely describes the nature of the principal use. Also listed are examples of common accessory uses, which, unless otherwise stated in the LDRs, are allowed in conjunction with a principal use and are subject to the same standards as the principal use.

(3)

Examples. The examples subsection lists common examples of use types included in the respective use category. The names of these sample uses are generic. They are based on common meanings and not on what a specific use may call itself. For example, a use that calls itself wholesale sales, but sells mostly to consumers, is included in the retail sales and service category rather than the wholesale sales category. This is because the activity on the site matches the characteristics of the retail sales and service use category.

(4)

Exceptions. The exceptions subsection lists examples of use types that are similar to those in the respective use category, but are not classified within that use category. For example, preschools may be similar to educational facilities in use, but preschools are actually classified as day care uses for the purposes of these LDRs.

(C)

Developments with multiple principal uses and mixed-uses. When all principal uses of a development fall within one use category, the entire development is assigned to that use category. A development that contains a coffee shop, bookstore, and bakery, for example, would be classified in the retail sales and service category because all of the development's principal uses are in that use category. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable use category and each use is subject to applicable regulations within that category. Developments with multiple principal uses, such as shopping centers, and mixed-use developments shall incorporate only those uses allowed in the underlying zone district.

(D)

Unlisted uses.

(1)

Procedure for approving unlisted uses. Where a particular use type is not specifically listed in Table 4.1-1, Table of Allowed Uses, the LDR Administrator may permit the use type upon a finding the standards of Subsection 4.2.1(D)(2) of this section, Standards for approving unlisted uses, are met. The LDR Administrator shall give due consideration to the purpose and intent of these LDRs concerning the zone district involved, the character of the use specifically identified, and the character of the use in question.

(2)

Standards for approving unlisted uses. In order to determine the proposed use has an impact that is similar in nature, function, and duration to the other use types allowed in a specific zone district, the LDR Administrator shall assess all relevant characteristics of the proposed use, including, but not limited to, the following:

(a)

The volume and type of sales, retail, wholesale, etc.; size and type of items sold and nature of inventory on the premises;

(b)

Any processing done on the premises, including assembly, manufacturing, warehousing, shipping, distribution; any dangerous, hazardous, toxic, or explosive materials used in the processing;

(c)

The nature and location of storage and outdoor display of merchandise; enclosed, open, inside or outside the principal building; and predominant types of items stored (such as business vehicles, work-in-process, inventory, and merchandise, construction materials, scrap and junk, and raw materials including liquids and powders);

(d)

The type, size and nature of buildings and structures;

(e)

The number and density of employees and customers per unit area of site in relation to business hours and employment shifts;

(f)

Transportation requirements, including the modal split for people and freight, by volume type and characteristic of traffic generation to and from the site, trip purposes and whether trip purposes can be shared by other use types on the site;

(g)

Parking requirements, turnover and generation, ratio of the number of spaces required per unit area or activity, and the potential for shared parking with other use types;

(h)

The amount and nature of any nuisances generated on the premises, including, but not limited to, noise, smoke, odor, glare, vibration, radiation and fumes;

(i)

Any special public utility requirements for serving the proposed use type, including, but not limited to, water supply, waste water output, pretreatment of wastes and emissions required or recommended, and any significant power structures and communications towers or facilities; and

(j)

The impact on adjacent lands created by the proposed use type, which should not be greater than that of other use types in the zone district.

(3)

Effects of finding by LDR Administrator.

(a)

Typical uses: added to LDRs. In making the determination described in Subsection 4.2.1(D)(1) of this section, Procedure for approving unlisted uses, the LDR Administrator shall initiate an amendment to these LDRs (Section 2.4.1) if it is determined the particular use type is likely to be common or to recur frequently, or that omission of specific inclusion and reference in the Table of Allowed Uses (Table 4.1-1) is likely to lead to public uncertainty and confusion. Until final action is taken on a proposed amendment, the determination of the LDR Administrator shall be binding on all officers and departments of the City.

(b)

Atypical uses: determination binding. In making a determination whether to approve an unlisted use, the LDR Administrator's determination shall thereafter be binding on all officers and departments of the City, without further action or amendment of these LDRs, if the LDR Administrator finds the particular use type is of an unusual or transitory nature, or is unlikely to recur frequently. Determinations shall be recorded and maintained in the office of the LDR Administrator and shall be available for public inspection.

4.2.2

Residential use classification.

(A)

Household living.

(1)

Characteristics. The household living use category is characterized by the residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month or longer basis. Accessory uses commonly associated with household living are recreational activities, raising of pets, hobbies, and parking of the occupants' vehicles. Home occupations are accessory uses that are subject to additional regulations (See Section 4.4.4(C), Home occupations).

(2)

Examples. Example use types include single-family detached dwellings, cottage homes, single-family attached dwellings, two- to four-family dwellings, townhouses, multiple-family dwellings, mobile homes, mobile home parks, and other structures with self-contained dwelling units.

(3)

Exceptions. Lodging in a dwelling unit or where units are rented on a less than monthly basis is classified visitor accommodations.

(B)

Group living.

(1)

Characteristics. The group living use category is characterized by the residential occupancy of a structure by a group of people who do not meet the definition of household. The size of the group may be larger than the average size of a household. Tenancy is arranged on a monthly or longer basis. Generally, group living structures have a common eating area for residents. The residents may receive care, training, or treatment. Common accessory uses include recreational facilities, dining facilities, and parking of vehicles for occupants and staff.

(2)

Examples. Example use types include community residential homes, group living facilities, and roominghouses.

(3)

Exceptions.

(a)

Lodging where tenancy may be arranged for periods of less than 30 days is classified as visitor accommodations.

(b)

Lodging where the residents meet the definition of household and where tenancy is arranged on a month-to-month basis or for a longer period is classified as household living.

(c)

Most group living facilities are classified as group living. However, group living facilities where individual units meet the definition of a dwelling unit are classified as household living.

4.2.3

Public and institutional use classification.

(A)

Community services.

(1)

Characteristics. The community services use category is characterized by use types of a public, nonprofit or charitable nature providing a local service to people of the community. Generally, they provide the service on-site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community centers or facilities that have membership provisions that are open to the general public to join at any time (for instance, any senior citizen could join a senior center) fall into the community services use category. The use type may provide special counseling, education, or training of a public, nonprofit, or charitable nature. Accessory uses may include offices; meeting, food preparation, parking, health and therapy areas; and athletic facilities.

(2)

Examples. Example use types include community centers, cultural facilities, libraries, senior centers and youth club facilities.

(3)

Exceptions. Parks are classified as parks and open areas.

(B)

Day care.

(1)

Characteristics. The day care use category is characterized by use types that provide care, protection, and supervision for more than six children or adults on a regular basis away from their primary residence for less than 24 hours per day. Accessory uses include offices, recreation areas and parking.

(2)

Examples. Example use types include care centers, day care homes (up to and including six people), and preschools.

(3)

Exceptions. Day care does not include public or private schools or facilities operated in connection with an employment use, shopping center or other principal use where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity.

(C)

Educational facilities.

(1)

Characteristics. The education use category is characterized by use types that include public and private schools at the primary, elementary, middle, or high school level that provide State-mandated basic education. This use category also includes colleges, universities, and other institutions of higher learning that offer courses of general or specialized study leading to a degree. Colleges tend to be in campus-like settings or on multiple blocks. This use category also includes vocational schools. Accessory uses at schools include offices, play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school day care. Accessory uses at colleges or universities include offices, food service, laboratories, health and sports facilities, theaters, meeting areas, parking, maintenance facilities and support commercial.

(2)

Examples. Example use types include public and private secondary schools that provide State-mandated basic education, colleges or universities, and vocational schools.

(3)

Exceptions. Preschools are classified as day care uses.

(D)

Government facilities.

(1)

Characteristics. The government facilities use category is characterized by use types that include post offices; detention centers; maintenance, storage and distribution facilities; and other offices and facilities for the operation of local, State or Federal government. Accessory uses include maintenance, storage and fueling facilities; satellite offices; and parking areas.

(2)

Examples. Example use types include post offices, government offices, and government maintenance, storage, and distribution facilities.

(3)

Exceptions.

(a)

Passenger terminals for airports and surface transportation are classified as transportation.

(b)

City, County or State parks are classified as parks and open space.

(c)

Water, wastewater, gas, electric and other infrastructure services, whether public or private, are classified as utilities.

(d)

Waste and recycling services are classified as waste-related services.

(E)

Health care facilities.

(1)

Characteristics. The health care facilities use category is characterized by use types that include uses providing medical or surgical care to patients. Hospitals offer overnight care, while other medical facilities provide outpatient care only. Accessory uses include offices, laboratories, teaching facilities, meeting areas, cafeterias, parking, maintenance facilities, and housing for staff or trainees.

(2)

Examples. Example use types include hospitals, medical and dental clinics, medical and dental labs, outpatient facilities, and blood collection facilities.

(3)

Exceptions. Uses that provide exclusive care and planned treatment or training for psychiatric, alcohol, or drug problems, where patients are residents of the program, are classified as institutions.

(F)

Institutions.

(1)

Characteristics. The institutions use category is characterized by use types that provide a variety of facilities, including buildings that primarily provide meeting areas for religious activities; housing and care for the elderly or disabled; and housing related to treatment programs. Accessory uses include school facilities, meeting rooms, parking, and staff residences.

(2)

Examples. Example use types include religious institutions; nursing homes, assisted living facilities; residential programs for drug and alcohol treatment, and alternative or post incarceration facilities.

(3)

Exceptions. Group home facilities or residential programs where individual units meet the definition of a dwelling unit in Article 10, Definitions, are classified as household living.

(G)

Parks and open areas.

(1)

Characteristics. The parks and open areas use category is characterized by use types that focus on natural areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend to have few structures. Accessory uses may include clubhouses, maintenance facilities, concessions and parking.

(2)

Examples. Examples use types include parks, publicly-owned golf courses, public squares, plazas, recreational trails, botanical gardens; and cemeteries, columbaria, and mausoleums.

(3)

Exceptions. Privately owned golf courses are classified as outdoor recreation/entertainment.

(H)

Public safety.

(1)

Characteristics. The public safety use category is characterized by use types that provide public safety services to the general public.

(2)

Examples. Example use types include fire and EMS facilities, police stations, and substations for fire and police. Accessory uses include offices, teaching facilities, meeting areas, lunch rooms and cafeterias, sleeping quarters, parking, and maintenance facilities.

(I)

Transportation.

(1)

Characteristics. The transportation use category is characterized by use types that include facilities for the landing and takeoff of airplanes and helicopters, including loading and unloading areas. Aviation facilities may be improved or unimproved. This use category also includes passenger terminals for surface transportation. Accessory uses include freight handling areas, concessions, offices, parking, and maintenance and fueling facilities.

(2)

Examples. Example use types include airports, airport landing strips, helicopter landing facilities and bus and train passenger terminals.

(3)

Exceptions.

(a)

Bus passenger stations for local service such as mass transit stops and park-and-ride facilities are classified as utilities.

(b)

Private helicopter landing facilities that are accessory to another use may be considered accessory uses to that use, subject to all the use specific standards for helicopter landing facilities.

(J)

Utilities.

(1)

Characteristics. The utilities use category includes both major utilities, which are infrastructure services providing regional or communitywide service, and minor utilities, which are infrastructure services that need to be located in or near the neighborhood or use type where the service is provided. Wireless telecommunication towers also are a type of utility. Services may be publicly or privately provided. Accessory uses may include parking and control, offices, monitoring or data transmission equipment.

(2)

Examples.

(a)

Examples of major utilities include water towers, waste treatment plants, potable water treatment plants, public potable water wellheads, solid waste facilities and electrical substations.

(b)

Examples of minor utilities include water and sewage pump stations, stormwater retention and detention facilities, telephone exchanges, and surface transportation stops.

(c)

Examples of wireless telecommunication towers (freestanding and roof-mounted) include facilities for transmitting wireless phones and pager services, and television and radio broadcasting equipment.

4.2.4

Agriculture use classification.

(A)

Agriculture.

(1)

Characteristics. The agriculture use category is characterized by general agricultural activities, including agronomy, aquaculture, biotechnical agriculture (including education parks for biotechnical agriculture or a demonstration farm), fisheries, honey production, silviculture (including the harvesting of timber) and similar uses. Accessory uses may include offices, storage areas and repair facilities related to agriculture uses.

(2)

Examples. Examples of agriculture use types include agronomy, aquaculture, biotechnical, forestry, fisheries, apiculture, silviculture, and similar uses.

(B)

Animal husbandry.

(1)

Characteristics. The animal husbandry use category is characterized by the commercial and noncommercial propagation, rearing, exercising, feeding, milking, housing, controlling, handling or general care of living animals.

(2)

Examples. Examples of animal husbandry use types include the raising and production of cattle (beef and dairy), pigs, mules, ducks, horses, goats, poultry and sheep.

(C)

Horticulture.

(1)

Characteristics. The horticulture use category includes the cultivation and production of orchard, garden, or nursery crops on a small or large scale, including the production of field grown crops, specialty crops, flowers, fruit, grapes, market gardening, nursery stock, nuts, ornamental plants, sod, vegetables and similar horticultural uses. Horticulture includes the cultivation of such produce by means of biotechnical or genetic engineering techniques.

(2)

Examples. Examples of horticulture use types include the production of field grown crops like strawberries, tomatoes, beans, corn and the like; the cultivation of orchards, like pears and applies; the cultivation and growing of grapes; the cultivation and growing of flowers and ornamental plants; sod farming; and the cultivation of specialty crops, and similar uses.

(D)

Agriculture support and services directly related to ongoing agriculture, horticulture, and animal husbandry, on-site agriculture support (directly related).

(1)

Characteristics. The agriculture support (directly related) use category includes use types that provide support and services to agricultural, horticultural and animal husbandry activities, which are limited to and that operate in conjunction with and on the site of ongoing agricultural, horticultural or animal husbandry uses.

(2)

Examples. Examples of agriculture support (directly related) use types include agricultural processing for on-site uses, agri-education, agri-entertainment, custom operators, direct-market businesses, for the sale of produce grown on site, equestrian facilities, farm-based tourism, farm co-ops, farm machinery repair, farm markets, farm produce stands, feedlots (for ongoing, on-site animal husbandry uses), nurseries (commercial and production), pet farms, sawmills and stables.

(E)

Agriculture support and services not directly related to ongoing agriculture, horticulture, and animal husbandry, on-site agriculture support (not directly related).

(1)

Characteristics. The agriculture support (not directly related) use category includes use types that provide support and services to off-site agricultural, horticultural and animal husbandry activities, and that are not directly related to ongoing agricultural, horticultural or animal husbandry uses.

(2)

Examples. Examples of agriculture support (not directly related) use types include agricultural research facilities, animal care business, auction arenas for livestock, commercial nurseries, equestrian facilities, fairgrounds, farm machinery repair, farm machinery sales, rental and service, landscape services, and stables.

(F)

Animal sales, services and care.

(1)

Characteristics. The animal sales, services and care use category is characterized by uses related to the provision of medical services and treatment to animals, including veterinary services, animal hospitals and the boarding of animals related to the provision of these services.

(2)

Examples. Examples of animal sales, services and care use types include animal shelters, animal grooming, kennels (outdoor and indoor), animal hospitals, and veterinary clinics.

4.2.5

Business use classification.

(A)

Eating establishments.

(1)

Characteristics. The eating establishment use category is characterized by establishments that sell food for on- or off-premises consumption. Accessory uses may include bars or cocktail lounges associated with the eating establishment, decks and patios for outdoor seating, drive-through facilities, customer and employee parking areas, and valet parking facilities.

(2)

Examples. Examples include restaurants, restaurants with drive-through or drive-in service, ice cream shops and specialty eating establishments.

(3)

Exceptions. Bars, nightclubs or cocktail lounges are classified as retail sales.

(B)

Conference and training centers.

(1)

Characteristics. The conference and training center use category is characterized by facilities used for business or professional conferences, seminars and training programs, which may include accommodations for sleeping, eating and recreation.

(2)

Examples. Example use types include conference centers and rural agricultural corporate retreats.

(C)

Industrial services.

(1)

Characteristics. The industrial services use category is characterized by businesses that are engaged in the repair or servicing of industrial, business, or consumer machinery, equipment, products or byproducts. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off site. Few customers, especially the general public, come to the site. Accessory activities may include retail sales, offices, parking, and storage.

(2)

Examples. Example use types include machine shops; tool repair; electric motor repair; repair of scientific or professional instruments; heavy equipment sales, rental, repair, or storage; heavy equipment servicing and repair; building, heating, plumbing or electrical contractors; fuel oil distributors; and laundry, dry cleaning and carpet cleaning plants.

(3)

Exceptions. Contractors and others who perform services off site are included in the offices category, if major equipment and materials are not stored at the site and fabrication or similar work is not carried out at the site. If major equipment and materials are stored at the site, or fabrication or similar work is carried out on the site, then such uses are included in the warehouse and freight movement use category.

(D)

Manufacturing and production.

(1)

Characteristics. The manufacturing and production use category is characterized by firms involved in the manufacturing, processing, fabrication, packaging or assembly of goods. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Custom industry is included (i.e., establishments primarily engaged in the on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment). Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site. Accessory activities may include retail sales, offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets and caretaker's quarters.

(a)

Heavy manufacturing. Heavy manufacturing is the manufacture or compounding process of raw materials. These activities may involve outdoor operations as part of their manufacturing process.

(b)

Light manufacturing. Light manufacturing is the mechanical transformation of predominantly previously prepared materials into new products, including assembly of component parts and the creation of products for sale to the wholesale or retail markets or directly to consumers. Such uses are wholly confined within an enclosed building, do not include processing of hazardous gases and chemicals, and do not emit noxious noise, smoke, vapors, fumes, dust, glare, odor or vibration.

(2)

Examples.

(a)

Heavy manufacturing. Example use types of heavy manufacturing include, but are not limited to, manufacture or assembly of machinery, equipment, instruments, including musical instruments, vehicles, appliances, Specifically prohibited are rendering, petroleum refining, asphalt/concrete plants, pulp and paper mills, mining, and the manufacture of chemicals, fertilizers, paint and turpentine.

(b)

Light manufacturing. Example use types of light manufacturing include production or repair of small machines or electronic parts and equipment; woodworking and cabinet building; publishing and lithography; computer design and development; communications equipment, precision items and other electrical items; research, development, and testing facilities and laboratories; apparel production; sign making, assembly of prefabricated parts, manufacture of electric, electronic, or optical instruments or devices; manufacture and assembly of artificial limbs, dentures, hearing aids, and surgical instruments; manufacture, processing, and packing of food products, cosmetics, and manufacturing of components, jewelry, clothing, trimming decorations and any similar item.

(3)

Exceptions.

(a)

Goods sold on site. The manufacturing of goods to be sold primarily on site and to the general public is classified as retail sales and services.

(b)

Goods from salvage materials. The manufacturing and production of goods from salvage material is classified as waste-related services.

(c)

Goods from composting organic materials. The manufacturing and production of goods from composting organic material is classified as waste-related uses.

(E)

Offices.

(1)

Characteristics. The office use category includes activities that are conducted in an office setting and that generally focus on business, professional, or financial services. Accessory uses may include cafeterias, parking or other amenities primarily for the use of employees in the firm or building.

(2)

Examples. Example use types include business services establishments; professional services establishments such as lawyers, accountants, engineers, or architects; financial businesses such as lenders, brokerage houses or real estate agents; data processing; sales offices; public utility offices; and TV and radio studios.

(3)

Exceptions.

(a)

Offices that are part of and located with a principal use in another use category are considered accessory to the establishment's primary activity. Headquarters offices, when in conjunction with or adjacent to a principal use in another use category, are considered part of the other use category.

(b)

Contractors and others who perform services off site are included in the office category if equipment and materials are not stored outside and fabrication, services or similar work is not carried on at the site.

(c)

Government offices are classified as government facilities.

(d)

Medical and dental clinics, medical and dental labs, and blood-collection facilities are classified as health care facilities.

(F)

Parking, commercial.

(1)

Characteristics. The commercial parking use category is characterized by parking that is not accessory to a specific principal use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a commercial parking facility. Accessory uses may include small structures intended to shield parking attendants from the weather.

(2)

Examples. Example use types include short- and long-term fee parking facilities (both lots and structures) and mixed parking facilities (partially accessory to a specific use, partially for rent to others).

(3)

Exceptions.

(a)

Charge for parking for occasional events. Parking facilities that are accessory to a principal use, but that charge the public to park for occasional events nearby, are not considered commercial parking use types.

(b)

Leasing parking facility to principal use not relevant. Parking facilities that are accessory to a principal use are not considered commercial parking uses, even if the operator leases the facility to the principal use or charges a fee to the individuals who park in the facility.

(c)

Park-and-ride facilities. Park-and-ride facilities are classified as utilities.

(d)

Sales or servicing of vehicles. Sales or servicing of vehicles is classified as vehicle sales and services.

(G)

Recreation/entertainment, indoor.

(1)

Characteristics. The indoor recreation/entertainment use category includes privately owned uses that provide recreation or entertainment activities in an enclosed structure or structures. Accessory uses may include concessions, snack bars, parking and maintenance facilities.

(2)

Examples.

(a)

Commercial recreation, indoor. Examples include fitness centers, bowling alleys, dancehalls, skating rinks, indoor commercial swimming pools and racquet and tennis club facilities (indoor) and theaters.

(b)

Other examples. Other examples include private clubs and neighborhood recreation or resource offices.

(3)

Exceptions. Recreational facilities that are reserved for use by residents of particular residential developments and their guests are accessory to those residential use types.

(H)

Recreation/entertainment, outdoor.

(1)

Characteristics. This outdoor recreation/entertainment use category includes large, generally commercial uses that provide continuous recreation or entertainment-oriented activities. They primarily take place outdoors. They may take place in a number of structures that are arranged together in an outdoor setting. Accessory uses may include restaurants, bars, concessions, parking and maintenance facilities.

(2)

Examples.

(a)

Commercial recreation, outdoor. Examples include privately owned golf driving ranges, privately owned miniature golf facilities, privately owned outdoor commercial tourist attractions, and privately owned active sports facilities such as ballfields and basketball courts, racquet and tennis club facilities, and archery ranges.

(3)

Exceptions.

(a)

Banquet halls that are part of hotels or restaurants are accessory to those uses, which are included in the visitor accommodations or eating establishment categories, respectively.

(b)

Publicly owned golf courses are classified as parks and open areas.

(c)

Indoor continuous entertainment activities such as theaters, bowling alleys, game arcades, pool halls or dance halls are classified as indoor recreation/entertainment.

(I)

Retail sales and service.

(1)

Characteristics. The retail sales and services use category is characterized by use types involved in the sale, lease, or rent of new or used products to the general public. They may also provide personal services or entertainment or provide product repair or services for consumer and business goods. Accessory uses may include offices, storage of goods, manufacture or repackaging of goods for on-site sale and parking.

(2)

Examples. Example use types includes uses from the four following groups:

(a)

Sales. Stores selling, leasing, or renting consumer, home and business goods including art, art supplies, bicycles, clothing, dry goods, electronic equipment, fabric, furniture, garden supplies, gifts, groceries and food sales, hardware, home improvements, household products, jewelry, pets, pet food, pharmaceuticals, plants, printer materials, and stationery and videos.

(b)

Personal service establishments. Financial institutions, laundromats; laundry and dry cleaning dropoff establishments; photographic studios; mailing or packing service, photocopy and blueprint services; hair; tanning and personal care services; psychics and mediums; martial arts schools; dance or music classes; taxidermists; and mortuaries.

(c)

Entertainment. Indoor continuous entertainment activities such as game arcades, pool halls, indoor firing ranges, cinemas, concert halls and theaters.

(d)

Repair. Repair of TVs, bicycles, clocks, watches, shoes, guns, canvas products, appliances and office equipment; photo or laundry dropoff; tailor; locksmith; and upholsterer.

(3)

Exceptions.

(a)

Laundry and dry cleaning plants are considered industrial services.

(b)

Building trade contractors with on-site storage that sell primarily to contractors and do not have a retail orientation are classified as warehouse and freight movement.

(c)

Repair and service of vehicles, motorcycles, and light and medium trucks is classified as vehicle sales and service.

(J)

Self-service storage.

(1)

Characteristics. The self-service storage use category is characterized by uses that provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing or removing personal property. Accessory uses may include living quarters for a resident manager or security and leasing offices and outside storage of boats and campers. Use of the storage areas for sales, service, repair, or manufacturing operations is not considered accessory to the use. The rental of trucks or equipment is also not considered accessory to the use.

(2)

Examples. Example use types include facilities that provide individual storage areas for rent. These uses are also called mini-warehouses.

(3)

Exceptions. A transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred is in the warehouse and freight movement use category.

(K)

Sexually oriented businesses.

(1)

Characteristics. The sexually oriented business use category is characterized by uses that sell or distribute material or provide activities with sexually explicit content, including the display of specified anatomical areas and/or specified sexual activities. While such uses are allowed to operate within the City, they may be required to be separated from other existing uses and designed to minimize impact and protect the health, safety and welfare of the residents of the City. No more than one sexually oriented business use may occupy a single building or lot, and such uses may not be accessory uses to another business. The sale of fuel, alcoholic beverages for off-site consumption, and shower or bath services is prohibited within a sexually oriented business.

(2)

Examples. Example use types include sexually oriented media stores (adult book stores), sex shops (sexual paraphernalia store), sexually oriented cabarets (strip clubs) and sexually oriented motion picture theatres.

(3)

Exceptions. A general media store meeting inventory and floor area limits are classified as retail sales and service.

(L)

Vehicle sales and service.

(1)

Characteristics. The vehicle sales and service use category is characterized by the direct sales of and services of passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles. Accessory uses may include offices, sales of parts, and vehicle storage.

(2)

Examples. Examples include rental and sales of automobiles or recreational vehicles; auto repair and servicing; automobile wash and detail shops; full-service, mini-service, and self-service gas stations; transmission or muffler shops; towing service; tire sales and mounting; taxicab service; towing service; or truck or trailer rental.

(3)

Exceptions. Refueling facilities for vehicles that belong to a specific use (fleet vehicles) are considered accessory uses if they are located on the site of the principal use.

(M)

Visitor accommodations.

(1)

Characteristics. The visitor accommodation use category includes dwelling units arranged for short-term stays of less than 30 days for rent, lease, or interval occupancy. Accessory uses may include pools and other recreational facilities, limited storage, restaurants, bars, meeting facilities and offices.

(2)

Examples. Examples include campgrounds, hotels or motels, bed and breakfast inns, and bed and breakfasts.

(N)

Warehouse and freight movement.

(1)

Characteristics. The warehouse and freight movement use category includes establishments that are involved in the storage or movement of goods for themselves or other firms or businesses. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present. Accessory uses include offices, truck fleet parking, and maintenance areas.

(2)

Examples. Example use types include separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; and parcel services.

(3)

Exceptions.

(a)

Contractor's offices that do not include storage yards are classified as offices.

(b)

Use types that involve the transfer or storage of solid or liquid wastes are classified as waste-related services.

(O)

Waste-related services.

(1)

Characteristics. The waste-related services use category includes use types that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material or processing of scrap or waste material. This use category also includes use types that receive hazardous wastes from others. Accessory uses may include recycling of materials, offices, and repackaging and transshipment of byproducts.

(2)

Examples. Example use types include recycling and salvage centers, land-spreading of waste, sanitary landfills, tire disposal or recycling, waste composting, incinerators, energy recovery plants, salvage yards and junkyards, hazardous waste collection sites; and recycling dropoff centers.

(3)

Exceptions. Waste treatment plants and potable water treatment plants are classified as utilities.

(P)

Wholesale sales.

(1)

Characteristics. The wholesale sales use category includes firms involved in the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or taking of orders and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on site or delivered to the customer. Accessory uses may include offices, product repair, warehouses, minor fabrication services and repackaging of goods.

(2)

Examples. Examples include sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts and building hardware.

(3)

Exceptions.

(a)

Firms that engage primarily in sales to the general public or on a membership basis are classified as retail sales and services.

(b)

Firms that are primarily storing goods with little on-site business activity are classified as warehouse and freight movement.

(Ord. No. 22-01, § 3(Exh. A), 10-11-2021; Ord. No. 22-12, § 3(Exh. A), 5-23-2022; Ord. No. 25-05 meeting, § 5, 9-8-2025)

4.3.1

Residential uses.

(A)

Household living.

(1)

Mobile home park. A mobile home park located in the RMH-P district shall comply with the following standards:

(a)

Site area. Be a minimum of ten acres in area.

(b)

Minimum park width. Be a minimum width of 400 feet.

(c)

Minimum park area. Include a minimum of 5,000 square feet for each mobile home unit.

(d)

Setback from perimeter of park. Set back all development a minimum of 35 feet from the perimeter of the park.

(e)

Streets and driveways. Construct all streets and driveways using generally accepted engineering practices to allow proper drainage of the entire park, and safe and adequate access to each mobile home site.

(i)

Pavement width. All streets shall have a minimum pavement width of 20 feet.

(ii)

Right-of-way width. In cases where streets in a mobile home park are public, they shall be built to the standards for residential streets. (See Section 7.3.1, Streets.)

(f)

Setback from streets. Set back all homes a minimum of 20 feet from all streets or access points, as measured from the right-of-way edge.

(g)

Streetlighting. Light all streets or driveways at night with electric lights providing a minimum illumination of 0.2 footcandles.

(h)

Parking. Not allow parking on any mobile home park access or circulation drive.

(i)

Active recreation area. Provide a minimum of 15 percent of the gross land area for active recreation uses, which will be credited against the open space set-aside standards of Section 6.7, Open space standards.

(j)

Mobile home stands. Locate each mobile home within the park on a stand that is:

(i)

A minimum of 3,500 square feet in area.

(ii)

A minimum of 40 feet in width, on average.

(iii)

Clearly defined by permanent markers that physically delineate its location within the park.

(iv)

Designed so each mobile home will be adequately supported and anchored so as to comply with the State requirements for the anchoring of mobile homes.

(k)

Spacing between mobile home stands. Space each mobile home stand a minimum of 20 feet apart.

(l)

Mobile home skirt. Surround each mobile home with a skirt or apron that is placed between the bottom of the unit and the ground. (The skirt or apron shall be adequately maintained by the owner of the mobile home.)

(m)

State regulations. Meet all applicable State laws and regulations.

(n)

Public water and wastewater. Mobile home parks with densities over two dwellings per acre are required to be served by public water and wastewater systems.

(2)

Manufactured home dwelling. A manufactured home dwelling shall comply with the following standards:

(a)

Permanent foundation and anchoring. Be placed on a permanent foundation and anchoring, consistent with the requirement of State law and the F.A.C., as amended.

(b)

Permanently enclose underfloor. Permanently enclose the underfloor area.

(c)

Remove transportation equipment. Remove all transportation-related equipment.

(d)

Minimum width of unit. Not be less than 20 feet in width.

(e)

Minimum roof pitch; minimum distance, eaves to ridge. Design the pitch of the main roof to be not less than one foot of rise for each four feet of horizontal run and the minimum distance from eave to ridge to be one-half of the minimum horizontal dimension.

(f)

Roof materials. Be constructed with roof material that is similar in texture, color and appearance to that of single-family detached dwellings in the surrounding area.

(g)

Roof overhang. Have a roof overhang on all sides of at least six inches.

(h)

Exterior finish; light reflection. Use materials for the exterior finish that is similar in texture, color and materials to detached single-family dwellings in the surrounding area in which it is located, and are applied in such a manner as to make the dwelling similar in appearance with surrounding single-family detached dwellings. (Reflection shall not be greater than from siding coated with clear, white, gloss exterior enamel.)

(i)

Single-family detached dwellings. Shall comply with the orientation, building massing, building materials and architectural variability standards as per Subsection 4.3.1(A)(4) of this section.

(3)

Multiple-family dwellings, single-family attached dwellings, townhomes, and two- to four-family dwellings. Multiple-family dwellings, single-family attached dwellings, townhomes, and two- to four-family dwellings shall comply with the following standards:

(a)

Orientation of buildings to street and open space. To the maximum extent practicable, be oriented to the street or frame open space.

(b)

Building adjacent to single-family detached development.

(i)

Not allow the height of buildings located within 100 feet of land in a single-family residential district (RSF-1, RSF-3, RSF-4, and RSF-6) exceed two stories, except for buildings defined as a mixed-use development.

(ii)

Not allow the height of buildings located within 100 feet of an existing single-family detached development to exceed two stories, except for buildings defined as a mixed-use development.

(c)

Design features on side façades adjacent to single-family districts or single-family detached development. When located adjacent to single-family detached development or vacant land in a single-family residential district (RSF-1, RSF-3, RSF-4, and RSF-6), incorporate a minimum of two design features (e.g., bay windows with a minimum 12-inch projection, eaves with a minimum six-inch projection, or multiple windows with minimum four-inch trim) on adjacent side façades.

(d)

Off-street parking for multifamily uses, including townhouses.

(i)

Provide a minimum of 50 percent of off-street surface parking on the side of the building, rear of the building or enclosed individual garage units that are integrated into individual residential units.

(ii)

Where off-street surface parking lots are located adjacent to a public right-of-way, screen them with a completely opaque fence or wall a minimum of three feet in height or with landscaping using evergreen materials, capable of providing a substantially opaque, hedge-like barrier and attaining a minimum height of three feet within three years of planting.

(e)

Garages with multifamily buildings. Design garages with multifamily development as side or rear entry, located on the side or rear of the building, except no side entry garage door shall face an adjacent single-family detached development, or vacant land in a single-family district (RSF-1, RSF-3, RSF-4, and RSF-6).

(f)

Garages with single-family attached, and two- to four-family dwellings. In single-family attached, townhouses and two- to four-family development:

(i)

Limit individual garage doors facing a street to no more than ten feet in width per door, with a maximum of two doors facing the street per dwelling, with a minimum separation of two feet between the doors; or limit individual garage doors facing a street to no more than 18 feet in width per door, with a maximum of one door facing the street per dwelling.

(ii)

Design detached garages so as to be located at least four feet behind the front façade of the principal structure. (For the purposes of measurement, the front façade will be the front façade plane that is furthest from the front lot line.)

(iii)

Design attached garages to not extend beyond the front façade line of any living area, or covered porch. The roof over the living area or covered porch shall extend to be equidistant to or project beyond the roofline of the garage. For purposes of this section, the front façade line of any living area means the closest façade located between the front property line and air conditioned space intended for non-automotive uses.

(4)

Single-family detached dwellings. Single-family detached dwellings shall comply with the following standards:

(a)

Orientation. Be oriented so the primary entrances face the street.

(b)

Building massing. If 30 feet or more in width, incorporate wall off-sets, or articulations, with a minimum depth of two feet, so no single wall expanse exceeds 25 feet in length.

(c)

Building materials. Not use metal siding and exposed smooth-finished concrete block for any building elevations.

(d)

Architectural variability in developments with eight or more units. If part of a subdivision built after February 27, 2006, includes a minimum of four distinctly different house designs within any one phase and not develop the same house design more than once every four building lots on the same side of the street. For the purposes of this section, the term "distinctly different" means a home's elevation must differ in other exterior design features and components in at least five of the following 12 ways: at least a two-foot horizontal and/or vertical variation of the placement and/or size of all windows and doors on the front façade; the use of bay or box windows; the use of shutters or awnings; the use of balconies, verandas, or railings; the use of different styles of porch entryway pillars, posts, or columns; the use of different surface materials; substantial variation in the location, proportion of garages and garage doors (which may include variations in paneling, molding, glazing and trim); variation in the width of the front façade by two feet or more; the location, proportion, and articulation of front porches; substantial variations in rooflines, pitches, and/or the angle of roof runs; the use of roof dormers.; or functional visible chimneys. Mirror images of the same configuration do not meet the definition of distinctly different.

(5)

Cottage neighborhood. Cottage neighborhoods shall comply with the following standards:

(a)

Quantity and size of cottage homes.

(i)

A minimum of 25 cottage homes and a maximum of 100 cottage homes are permitted within a cottage neighborhood.

(ii)

The minimum square footage for cottage homes shall be 750 square feet. Cottage homes shall have a maximum gross floor area of 1,750 square feet with a maximum base floor (first floor) area of 1,000 square feet.

(b)

Community and accessory buildings. One enclosed community building per neighborhood is allowed. Community buildings may contain a club house, a common dining area, kitchen, bathroom, laundry facility, one sleeping quarters for guests, storage, or similar uses. Additional accessory structures, such as arbors, gazebos, pergolas, fire pits, BBQ grills, pools, greenhouses, gardens boxes, garages, and other similar accessory structures, are permitted in addition to community buildings.

(c)

Maintenance of open space, common areas and utilities. The joint use and maintenance of public open space, community facilities, private roads and drives, and all other commonly owned and operated property shall be managed and maintained through a homeowners' or property owners' association.

(d)

Common greens. Each cottage neighborhood shall have one or more common greens. Common greens may be counted toward the open space required by Section 6.7 of these LDRs. Common greens shall be designed to meet the following:

(i)

Common greens shall include at least 400 square feet per cottage home.

(ii)

A minimum of four and a maximum of 12 cottage homes shall be clustered around a common green.

(iii)

Common greens may include stormwater management facilities incorporating low impact development designs as long as a minimum of 400 square feet per cottage home remains usable for active or passive recreation during rain events.

(iv)

A minimum of 80 percent of the cottage homes within a cottage neighborhood shall be clustered around and shall directly front a common green.

(v)

Amenities such as those identified in Subsection 4.3.1(A)(5)(b), Common buildings, are allowed in common greens.

(e)

Parking. Parking may be provided in a common area (private street, parking lot, or garage), or on individual cottage home lots. All parking must meet the following standards:

(i)

The minimum number of parking spaces required by Table 6.1-1 of these LDRs for cottage homes shall be provided; and,

(ii)

All common parking areas and associated drive aisles shall be screened in accordance with Section 6.2 of these LDRs.

(f)

Vehicle access. Private roads, drives, or alleys within the cottage neighborhood that are connected to a public street and access either individual cottage homes or common parking lots are permitted. All private roads, drives, or alleys shall have a clear width of 20 feet with a 12-foot-wide minimum wearing surface.

(g)

Pedestrian access. A system of interior walkways shall be provided to interconnect the cottage homes, parking areas, common greens, and any sidewalks along the public street(s) bordering the cottage neighborhood. Interior walkways shall meet applicable ADA accessibility requirements.

(h)

Requirements when adjacent to single-family detached development. When located adjacent to single-family detached development in any zoning district or vacant land in a single-family residential district (RSF-1, RSF-3, RSF-4, and RSF-6), a cottage neighborhood shall:

(i)

Provide a minimum Type D, 10 foot landscaped buffer along the yard which the single-family detached development or vacant land in a single-family residential district abuts; and,

(ii)

Not locate any structures, including but not limited to cottage homes, community buildings, accessory structures, parking lots, waste receptacles, and other similar structures, within 100 feet of the boundary of the cottage neighborhood.

(i)

Fencing. Fencing within the cottage neighborhood used to delineate private yards, gardens, or other areas shall be limited to a maximum of 50 percent opacity and no greater than four feet in height. Solid fencing may be allowed along cottage neighborhood perimeter consistent with Section 6.3.3 of these LDRs.

(B)

Group living.

(1)

Co-housing. Co-housing shall comply with the following standards:

(a)

Location of use. Be located on the site of an active agriculture, horticulture, or animal husbandry operation.

(b)

Minimum dwelling unit size. The minimum unit size be at least 600 square feet.

(c)

Maximum dwelling unit size. The maximum unit size not exceed 2,500 square feet.

(d)

Residents. Residents shall be employed on site at an ongoing agriculture, horticulture, or animal husbandry operation, during the occupancy of the unit.

(e)

Number of units. The maximum number of units for sites 25 acres or less shall be six. An additional unit shall be allowed for each additional 15 acres, up to a total of 15 units.

(f)

Sanitary and bathing facilities. All dwellings shall have indoor sanitary and bathing facilities consistent with County and State regulations.

(g)

Portable dwellings screened from view. If portable dwellings are used, they shall be screened from view from public roads and adjacent properties.

(h)

Located on internal site roads. Units shall be located on internal site roads and shall not have direct access to public roads.

(i)

Setback from single-family dwellings. Be set back 300 feet from single-family detached dwellings that are not part of the ongoing agriculture, horticulture, or animal husbandry operation with which it is associated.

(j)

Buffering or screening. Be screened from public roads and adjacent single-family detached dwellings by solid, opaque fencing or landscaping.

(k)

Parking. Provide at least one parking space for each unit.

(2)

Community residential home. A community residential home shall comply with the following standards:

(a)

Generally.

(i)

Not be occupied by a person who would constitute a direct threat to the health and safety of other persons.

(ii)

Not locate an off-street parking area closer than 25 feet to any boundary line of the property.

(iii)

Comply with all relevant State laws and regulations.

(b)

Community residential home, six or fewer residents. Community residential homes of six or fewer residents shall not be located within a radius of 1,000 feet of another such home with six or fewer residents (measured from the nearest point of the existing home to the nearest point of the proposed home).

(c)

Community residential home, seven to 14 residents. Community residential home of seven to 14 residents shall not be located within a radius of:

(i)

1,200 feet of another existing community residential home of seven to 14 residents (measured from the nearest point of the existing home to the nearest point of the proposed home).

(ii)

500 feet of a single-family residential district (RSF-1, RSF-3, RSF-4, and RSF-6) or an existing single-family residential development (measured from the nearest point of the single-family residential district or development to the nearest point of the proposed community residential home).

(3)

Dormitory.

(a)

Generally. All dormitories, except those developed on the site of an ongoing agriculture, horticulture, or animal husbandry operation shall comply with the following standards:

(i)

Accessory to a training facility located on the same site.

(ii)

House only persons who are students at or employees of the training facility.

(b)

Dormitories part of agriculture, horticulture, or animal husbandry. A dormitory developed on the site of an ongoing agriculture, horticulture, or animal husbandry operation shall comply with the following standards:

(i)

Located on the site of an active agriculture, horticulture, or animal husbandry operation.

(ii)

Residents shall be employed on site at an ongoing agriculture, horticulture, or animal husbandry operation, during the occupancy of the unit.

(iii)

The maximum number of beds for sites 25 acres or less shall be ten. A bed shall be allowed for each additional five acres, up to a total of 25 beds.

(iv)

Have indoor sanitary and bathing facilities consistent with County and State regulations.

(v)

If portable buildings are used, screen them from view from public roads and adjacent properties.

(vi)

Located on internal site roads and not have direct access to public roads.

(vii)

Set back 300 feet from single-family detached dwellings that are not part of the ongoing agriculture, horticulture, or animal husbandry operation with which it is associated.

(viii)

Screened from public roads and adjacent single-family detached dwellings by solid, opaque fencing or landscaping.

(ix)

Provide one parking space for every three beds.

4.3.2

Public and institutional use.

(A)

Community services. Community services uses shall comply with the following standards:

(1)

Adjacent to single-family detached development or in residential district.

(a)

Adjacent to single-family development. If adjacent to existing single-family detached development, not allow the height of buildings exceed the greater of two stories or 130 percent of the maximum height allowed for single-family detached dwellings in the district.

(b)

In single-family residential districts. If in single-family residential districts (RSF-1, RSF-3, RSF-4, and RSF-6), not allow the height of buildings exceed the greater of two stories or 130 percent of the maximum height allowed for single-family detached dwellings in the district.

(2)

Landscaped buffer adjacent to single-family detached development. If adjacent to existing single-family detached development, provide a landscaped buffer, a minimum of 15 feet in width along the yard which the single-family detached development abuts.

(3)

Off-street parking. Where off-street parking areas are located adjacent to a public right-of-way, such areas shall be screened using vegetative material and/or fencing a minimum of three feet in height in accordance with the standards in Section 6.2.2(D)(2), Parking lot landscaping.

(B)

Day care.

(1)

Child day care center; overnight child care center. A child day care center and an overnight child care center shall comply with the following standards:

(a)

Outdoor play areas. Outdoor play areas shall:

(i)

Be a minimum of 75 square feet per child on the site.

(ii)

Include a fence at least 3½ feet in height that completely encloses the play area, that is designed so all persons entering the play area are within direct line of sight from the child care center classroom areas.

(iii)

Not locate play equipment within the required yard setback of any district.

(iv)

Be safely segregated from parking, loading, or service areas.

(b)

Parking area, vehicular circulation, and drop off and pick up. Design parking areas and vehicular circulation patterns to:

(i)

Enhance the safety of children as they arrive at and leave the facility.

(ii)

Include a designated pickup and delivery area, providing at a minimum one parking space per 20 children, that is located adjacent to the child care structure in such a way that children do not have to cross vehicular travel ways to enter or exit the center.

(c)

Registration. Register with the City.

(d)

Outdoor play activities. Not to conduct outdoor play activities after 8:00 p.m.

(e)

Located on site of religious institution. If located on the site of a religious institution, it is allowed as an accessory use only if designed and located to be compatible with adjacent land uses in terms of hours of operation, noise, lighting, parking, and similar considerations, and not cause significant traffic impacts.

(f)

Adjacent to single-family development. Where adjacent to existing single-family detached development, not allow the height of buildings exceed the greater of two stories or 180 percent of the average height of the adjacent single-family development.

(g)

Comply with State and County requirements. Comply with all relevant State and County requirements.

(h)

Accessory uses. May be permitted as an accessory to another retail sales and service, shopping center, or office use, but shall not exceed 20 percent of floor area of the principal use.

(C)

Educational facilities.

(1)

School and vocational school. Any school or vocational school proposed within a residential district on a site or parcel of 20 acres in size or smaller shall comply with the following standards:

(a)

Special exception permit. Obtain a special exception permit consistent with Section 2.4.4, Special exception permit.

(b)

Front arterial or collector road. Be located on a parcel or site which fronts an arterial or collector road.

(c)

Temporary structures. If temporary structures are needed for expansion space:

(i)

Not be located between the principal building and any abutting right-of-way. (An exception to this standard shall be considered where there is no other practical alternative due to topography, presence of utilities or easements, existence of undisturbed open space and buffers, or other site features that are beyond the applicant's control.)

(ii)

Provide screening material in the immediate vicinity of each temporary structure in order to screen the base of the structures from the view of other lands and public streets.

(d)

Adjacent to single-family development.

(i)

Where adjacent to existing single-family detached development, not allow the height of buildings exceed the greater of two stories or 130 percent of the average height of adjacent single-family development.

(ii)

Where adjacent to single-family districts (RSF-1, RSF-3, RSF-4, and RSF-6), not allow the height of buildings exceed the greater of two stories or 180 percent of the maximum height allowed for single-family detached development in the district.

(e)

Landscaped buffer. Provide a landscaped buffer a minimum of 15 feet in width along the yards adjacent to the lands in residential districts or lands on which there is existing single-family detached development.

(D)

Government facilities. Government facilities shall comply with the following standards:

(1)

Adjacent to single-family detached development or in residential district.

(a)

Adjacent to single-family development. If adjacent to existing single-family detached development, not allow the height of buildings exceed the greater of: two stories or 180 percent of the average height of the adjacent single-family detached development.

(b)

In single-family residential districts. If in single-family residential districts (RSF-1, RSF-3, RSF-4, and RSF-6), not exceed the greater of: two stories or 130 percent of the maximum height allowed for single-family detached dwellings in the district.

(2)

Landscaped buffer adjacent to single-family detached development. If adjacent to existing single-family detached development, provide a landscaped buffer, a minimum of 15 feet in width along the yard which the single-family detached development abuts.

(3)

Off-street parking. Where off-street parking areas are located adjacent to a public right-of-way, such areas shall be screened using vegetative material and/or fencing a minimum of three feet in height in accordance with the standards in Section 6.2.2(D)(2), Parking lot landscaping. Any vegetative screening must grow to the minimum required height within three years of planting.

(E)

Health care facilities.

(1)

Hospital. A hospital shall comply with the following standards:

(a)

Area. Be located on a lot a minimum of five acres in area.

(b)

Location on arterial or collector road. Be located on an arterial or collector road.

(c)

Public water and wastewater. Be served by a public water and wastewater system.

(d)

Setbacks. Set back principal structures and uses from property boundaries a minimum of 100 feet.

(e)

Landscaped buffer when adjacent to single-family residential development. Provide a landscaped buffer a minimum of 15 feet in width along the yards adjacent to lands in single-family residential districts (RSF-1, RSF-3, RSF-4, and RSF-6) or lands on which there is existing single-family detached development.

(2)

Outpatient facility. An outpatient facility shall comply with the following standards:

(a)

Landscaped buffer when adjacent to single-family residential development. If located in other than in the RMF-8, RMF-15, and CN districts, provide a landscaped buffer a minimum of 15 feet in width along the yards adjacent to existing single-family detached development.

(b)

Located in RMF-8, RMF-15, and CN districts. If located in the RMF-8, RMF-15, and CN districts:

(i)

Be small-scale (gross floor area not exceeding 2,500 square feet).

(ii)

Design visitor and patient activities associated with the use so as to be compatible with surrounding uses.

(c)

Height requirement. Shall limit height of the facility to two stories (30 feet) if it is located within 100 feet of lands used by or intended for single-family residential development.

(F)

Institutions.

(1)

Auditoriums and convention centers. Auditoriums and convention centers shall comply with the following standards:

(a)

Distance from residential districts. Be located a minimum of 500 feet from any residential district, measured from all property lines.

(b)

Lot area. Be no less than five acres in area.

(c)

Frontage. Provide a minimum of 600 feet of frontage on an arterial road, at the point of access.

(d)

Vehicular access. Locate all points of vehicular access from an arterial road. The access points shall be located to minimize vehicular traffic to and through local streets in residential areas.

(e)

Safety fences. Provide safety fences up to a height of six feet in accordance with the standards in Section 6.3, Fencing standards, directly adjacent to any residential uses.

(2)

Religious institution. Religious institutions shall comply with the following standards:

(a)

Child day care or overnight child care center. Design any child day care center or overnight child care center associated with the religious institution to comply with the standards of Subsection 4.3.2(B)(1) of this section.

(b)

Access. Have access onto a public road.

(c)

Landscaped buffer when adjacent to single-family residential development. Provide a landscaped buffer a minimum of 15 feet in width along the yards adjacent to lands in single-family residential districts (RSF-1, RSF-3, RSF-4, and RSF-6) or lands on which there is existing single-family detached development.

(d)

Modification of standards. The LDR Administrator shall have the authority to grant modifications to any of the standards listed in this section in order to eliminate a substantial burden on religious exercise as guaranteed by the Federal Religious Land Use and Institutionalized Persons Act of 2000 (42 USC 2000), as amended. In granting such a modification, the LDR Administrator may require conditions consistent with the Federal Act that will secure substantially the objectives of the modified standard and that will substantially mitigate any potential adverse impact on the environment or on adjacent properties.

(e)

Adjacent to single-family detached development or in residential district.

(i)

Adjacent to single-family development. If adjacent to existing single-family detached development, not allow the height of buildings to exceed the greater of two stories or 180 percent of the average height of the adjacent single-family detached development.

(ii)

In single-family residential districts. If in single-family residential districts (RSF-1, RSF-3, RSF-4, and RSF-6), not exceed the greater of two stories or 130 percent of the maximum height allowed for single-family detached dwellings in the district.

(G)

Public safety. Public safety uses shall comply with the following standards:

(1)

Adjacent to single-family detached development or in residential district.

(a)

Adjacent to single-family residential districts. If adjacent to single-family residential districts (RSF-1, RSF-3, RSF-4, and RSF-6), not exceed the greater of two stories or 130 percent of the maximum height allowed for single-family detached dwellings in the district.

(b)

Adjacent to single-family development. If adjacent to existing single-family detached development, not allow the height of buildings exceed the greater of two stories or 180 percent of the average height of the adjacent single-family development.

(2)

Landscaped buffer adjacent to single-family detached development. If adjacent to existing single-family detached development, provide a landscaped buffer, a minimum of 15 feet in width along the yard which the single-family detached development abuts.

(H)

Transportation.

(1)

Airplane landing strip. An airplane landing strip shall comply with the following standards:

(a)

Intensity/character.

(i)

Scope of aviation operations.

a.

For private aviation aircraft only, limited exclusively to the use of the landowner and guests; commercial operations, including flight training, ground school, and sales, are prohibited.

b.

Prohibit instrument-guided flight to access the airplane landing strip.

c.

Prohibit jet-propelled aircraft.

d.

Prohibit takeoffs or landings between the hours of 8:30 p.m. and 6:00 a.m.

(ii)

Use of public rights-of-way prohibited. Not allow aircraft to cross or use a public right-of-way or road to access a runway or landing strip.

(iii)

Accessory aircraft repairs and servicing.

a.

Allow typical accessory support services, including, but not limited to, fueling stations, fuel tanks, and storage.

b.

Allow routine minor repairs and necessary maintenance of aircraft, provided all routine repairs and maintenance occur within an enclosed structure, such as a hangar.

(b)

Area. Be at least 25 acres in lot area, except that a use consisting only of a landing strip with no accessory structures or facilities other than a fueling station may be a minimum of 15 acres in area.

(c)

Size. Limit the size of structures that service the use (such as aircraft service buildings) to 15,000 square feet (all structures).

(d)

Setbacks. Set back all aviation structures, storage areas, and the runway or landing strip from single-family dwelling lot lines, as follows:

(i)

Structures or storage yards less than 2,500 square feet of gross floor area: 75 feet minimum from all lot lines; 125 feet from all residential lots.

(ii)

Structures or storage yards greater than 2,500 and up to 15,000 square feet of gross floor area: 150-foot minimum from all lot lines; 200 feet from all residential lots.

(iii)

Structures or storage yards over 15,000 square feet of gross floor area: 200 feet minimum from all lot lines; 250 feet from all residential lots.

(iv)

Runway or landing strip: 450-foot minimum from all lot lines; 650 feet from all residential lots; or as required by Federal Aviation Administration, whichever is more restrictive.

(e)

Buffering/screening/landscaping. Screen and landscape from the view of public roads and adjacent single-family development all tanks, storage yards, and vehicles and equipment stored outdoors.

(2)

Helicopter landing facility. A helicopter landing facility shall comply with the following standards:

(a)

Land area. Provide adequate land area for takeoff and landing to ensure public safety in accordance with FAA standards.

(b)

Located within 500 feet of existing residential use. Where located within 500 feet of any existing residential development, provide an adequate buffer along the property line to ensure the helicopter landing facility does not adversely impact surrounding uses.

(I)

Utilities.

(1)

Wireless communication tower and/or antenna, freestanding; wireless communication antenna, collocation on existing tower; wireless communication antenna, placement on existing business use or multifamily building.

(a)

Purpose and intent. The purpose of this subsection is to establish general standards for the siting of wireless communications towers and antennas. The intent is to:

(i)

Protect residential areas and land uses from potential adverse impacts of towers and antennas.

(ii)

Encourage the location of towers in nonresidential areas.

(iii)

Minimize the total number of towers throughout the City.

(iv)

Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.

(v)

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.

(vi)

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques.

(vii)

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.

(viii)

Consider the public health and safety concerns of communication towers.

(ix)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

(b)

Applicability.

(i)

All new towers or antennas shall be subject to these standards, unless exempted pursuant to Subsection 4.3.2(I)(1)(c) of this section, Exemptions.

(ii)

For the purposes of this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

(iii)

Towers and antennas may be considered either principal or accessory uses, based upon whether they should be characterized as an accessory or principal use pursuant to Section 4.4.4, Accessory uses and structures allowed.

(iv)

Lot area of the tower and antenna use shall be based on the dimensions of the entire lot, even though the tower or antenna may be located on leased parcels within the lot.

(v)

For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the City irrespective of City and County jurisdictional boundaries.

(vi)

Towers and antennas shall not be regulated or permitted as essential services, public utilities, or private utilities.

(c)

Exemptions. The following towers and antenna are exempt from the standards of this section. They are subject to all other applicable procedures and standards of these LDRs:

(i)

A tower, or the installation of an antenna, that is under 70 feet in height and owned and operated by a Federally licensed amateur radio station operator or used exclusively for receive only antennas.

(ii)

Towers and antennas that have an approved building permit or special use permit prior to February 26, 2006, so long as the permit is current and has not expired. These towers and antennas shall:

a.

Not be artificially lighted, unless required by the FAA or other applicable authority, and if lighting is required, the lighting alternatives and design shall cause the least disturbance to surrounding views; and

b.

Demonstrate all franchises required by law for the construction and/or operation of a tower or antenna have been obtained.

(d)

Standards for new freestanding wireless communication towers and antenna in CSV, RSF-1, RSF-3, RSF-4, RSF-6, RMH-5, RMH-P, RMF-8, RMF-15, RO, CN, CBD, GF, and Planned Development Districts.

New freestanding wireless communication towers and antenna in the CSV, RSF-1, RSF-3, RSF-4, RSF-6, RMH-5, RMH-P, RMF-8, RMF-15, RO, CN, CBD, GF, and Planned Development Districts are special exception uses. In addition to the special exception standards, they shall comply with the following standards:

(i)

Building Codes—Safety standards.

a.

Towers shall be designed to withstand a 100-m.p.h. wind loading.

b.

The owner applicant shall provide assurance the structural integrity of towers and antenna will continue to comply with State and Federal standards, local building codes, and the applicable standards for towers published by the Electronic Industries Association, as amended. (If, upon inspection, it is determined a tower fails to comply with such standards and constitutes a danger to persons or property, the owner shall be notified he/she has 30 days to bring the tower into compliance. Failure to bring the tower into compliance within 30 days shall constitute grounds for the removal of the tower at the owner's expense.)

(ii)

Franchises. It shall be demonstrated all franchises required by law for the construction and/or operation of a tower or antenna have been obtained.

(iii)

Aesthetics.

a.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color to reduce visual obtrusiveness.

b.

At a tower site, the design of buildings and related structures shall, to the maximum extent practicable, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

c.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall be of a neutral color that is identical to, or compatible with, the color of the structure on which it is located to make the antenna and related equipment as visually unobtrusive as possible.

(iv)

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design shall result in the minimum disturbance to surrounding views.

(v)

Signage. No signs shall be placed on a tower or antenna, except those required by Federal or State law.

(vi)

Setbacks. Towers and guys and accessory buildings shall comply with the following setback standards. (The setback standard may be modified upon a finding a reduced tower setback is compatible with surrounding land uses.)

a.

Setback from adjoining lot line. Towers shall be set back a distance equal to the height of the tower from any adjoining lot line.

b.

Guys and accessory buildings. Guys and accessory buildings shall comply with the dimensional standards for the zone district established in article 5: Density, Intensity, and Dimensional Standards.

(vii)

Separation.

a.

Towers shall comply with the off-site separation standards established in Table 4.3-1 Tower Off-Site Separation Standards.

b.

Separation distances between shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the base of the proposed tower.

(viii)

Landscaping. Towers shall comply with the following landscape standards.

a.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower facility from existing residential development. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the tower facility.

b.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, towers sited on large, wooded lots, or with natural growth around the property perimeter may be a sufficient buffer.

(ix)

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and equipped with an appropriate anti-climbing device.

(x)

Buildings and support equipment. Building and support equipment shall comply with the following standards.

a.

Antennas mounted on structures or rooftops. For antenna mounted on structures or rooftops, the equipment cabinet or structure used in association with antenna shall:

i.

Not contain more than 20 square feet of gross floor area or be more than five feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 20 square feet of gross floor area or five feet in height, shall be located on the ground and shall not be located on the roof of the structure.

ii.

If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than five percent of the roof area.

iii.

Comply with all applicable building codes.

b.

Antenna mounted on utility poles or light poles. The equipment cabinet or structure used in association with antenna mounted on utility poles or light poles shall comply with the following:

i.

In residential districts, the equipment cabinet or structure may be located: (a) in a front or side yard if the cabinet or structure is no greater than three feet in height or 30 square feet of gross floor area and located a minimum of 30 feet from all lot lines, or (b) in a rear yard if the cabinet or structure is no greater than six feet in height or 60 square feet in gross floor area. In either instance the cabinet/structure shall be screened by an evergreen hedge with a mature height of eight feet and a planted height of at least 36 inches.

ii.

In business districts, the equipment cabinet or structure may be used if it is no greater than 10 feet in height or 250 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with a mature height of eight feet and a planted height of at least 36 inches.

iii.

In both residential and business districts, cabinets or structures shall be screened from view of all residential development that abuts or is directly across the street from the structure or cabinet. Screening shall be done by a solid fence eight feet in height, or an evergreen hedge with a mature height of eight feet and a planted height of 36 inches.

c.

Antennas located on towers. The related unmanned equipment structure associated with antenna located on towers shall not be more than 250 square feet of gross floor area or more than ten feet in height, and shall comply with the minimum yard standards of the zone district in which it is located (article 5: Density, Intensity, and Dimensional Standards).

(xi)

Radiation reporting. It shall be demonstrated the proposed tower or antenna complies with FCC non-ionizing radiation requirements.

(xii)

Compliance with State or Federal laws and regulations. Towers and antennas shall meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the State or Federal government that regulates towers and antennas. If such standards and regulations change, owners shall be responsible for bringing the towers and antennas into compliance with the changed standards and regulations within six months of their effective date, unless a different compliance schedule is mandated by the controlling regulations. (Failure to bring towers and antennas into compliance shall constitute grounds for removal of the tower or antenna, at the owner's expense.)

(e)

Standards for new freestanding wireless communication towers and antenna in A, CC, CBD, ILW, IG, and GF Districts. A new freestanding wireless communication tower and/or antenna is a permitted use in the A, CC, CBD, ILW, IG, and GF Districts. It shall be reviewed and approved as a site plan pursuant to Section 2.4.9, Minor site plans, site plans, and infrastructure plans, and shall comply with the following standards:

(i)

Tower can accommodate proposed users. Be able to structurally accommodate the proposed number of users.

(ii)

Comply with specific general standards for new towers and antenna. Be able to comply with section 4.3.2(I)(d), Standards for new freestanding wireless communication towers and antenna in CSV, RSF-1, RSF-3, RSF-4, RSF-6, RMH-5, RMHP, RMF-8, RMF-15, RO, CN, CBD, GF, and Planned Development Districts.

(iii)

Height. Not exceed the following heights:

a.

Seventy feet in height, for a single user.

b.

Eighty-five feet in height; for two users.

c.

One hundred feet in height for three or more users, plus ten over existing height-maximum tower heights will be 110 feet.

(iv)

Installation of cable microcell network. Install a cable microcell network through the use of multiple low powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

(f)

Standards for collocation of antenna on existing wireless communication tower. The collocation of antenna on existing wireless communication towers is encouraged by these LDRs, and is a permitted use in compliance with F.S. § 365.172(12)(a)(1). Antennas may be collocated on existing towers if they comply with the following standards:

(i)

Same tower type. A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless a monopole is determined more appropriate at the specific location.

(ii)

Only one tower remains. If the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

(iii)

Height. The existing tower may exceed by 30 feet the height of the existing tower's height, to accommodate the collocation of an additional antenna. (This increase in height shall only occur one time per tower.)

(iv)

Separation. The tower shall comply with the off-site separation standards in Table 4.3-1, Tower Off-Site Separation Standards, except the increase in height allowed pursuant to Subsection 4.3.2(I)(1)(f)(iii) of this section shall not require an additional distance separation. (A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances.)

(v)

Comply with specific general standards for new towers and antennas. It complies with the following additional general standards for new towers and antenna: Subsections 4.3.2(I)(1)(d)(i)—(v) and (ix)—(xii) of this section.

(vi)

Accommodate additional loading. It shall be demonstrated the tower can accept the additional loading created by the collocation.

(g)

Standards for placement of antennas on existing structures. An antenna may be attached to any business use or multifamily building with eight or more dwelling units as a permitted use if it is approved as a site plan pursuant to Section 2.4.9, Minor site plans, site plans, and infrastructure plans, and complies with the following standards:

(i)

Height. It does not extend more than 30 feet above the highest point of the building or structure.

(ii)

Comply with specific general standards for new towers and antenna. It complies with the following general standards for new towers and antenna: Subsections 4.3.2(I)(1)(d)(i)—(v) and (ix)—(xii) of this section.

(iii)

Comply with FCC and FAA regulations. It complies with all applicable FCC and FAA regulations.

(iv)

Comply with building codes. It complies with all applicable building codes.

(2)

Television or radio towers and antennas over 500 feet. Television or radio towers or antennas which exceed 500 feet in height are not allowed in the CC district.

(3)

Utility, major. An electrical power facility, substation, or transmission station shall comply with the following standards:

(a)

Location. Be within reasonable proximity of the area to be served by the facility.

(b)

Setback. Be set back a minimum of 100 feet from property lines and buffered to ensure it does not have an adverse impact on surrounding uses.

(c)

Compatibility. Provide adequate setbacks, screening and buffering around the perimeter of the proposed use if it is deemed necessary to ensure land use compatibility with surrounding uses.

(4)

Utility, minor. A minor utility use shall comply with the following standards:

(a)

Location. Be located within reasonable proximity of the area to be served. Stormwater detention and retention facilities may be permitted by special exception permit on properties with less intense zoning district designations under common ownership, subject to the following requirements:

(i)

The zoning designation of the location of the stormwater detention and retention facility allows minor utilities; and,

(ii)

The stormwater detention and retention facility meets the compatibility requirements as set forth in Subsection 4.3.2(I)(4)(b); and

(iii)

The stormwater detention and retention facility provides an enhanced natural (e.g., increased topographic relief, vegetative diversity, etc.) or recreational (e.g., perimeter trail, boardwalk, interpretive kiosk, etc.) functional use.

(b)

Compatibility. Provide adequate setbacks, screening and buffering around the perimeter of the proposed use if it is deemed necessary to ensure land use compatibility with surrounding uses.

(c)

Exemptions. The provisions of this subsection shall not be applicable when the differing zoning designations are both classified as residential districts or are both classified as business districts, as categorized in Table 3.1-1, Establishment of Base Zone Districts. Stormwater detention and retention facilities serving residential districts shall be permitted in business districts without special exception if included as part of a master stormwater permit or common development plan.

4.3.3

Agricultural uses.

(A)

Agriculture support (directly related).

(1)

Agriculture support (directly related). Agriculture support (directly related) uses shall comply with the following standards:

(a)

Intensity/character.

(i)

Be allowed only in direct association with an ongoing agriculture, horticulture, or animal husbandry use or activity.

(ii)

Be at least one acre in area.

(iii)

Operate only between the hours of 6:00 a.m. and 9:00 p.m.

(iv)

Be operated or maintained by the owner or occupant of the land upon which the primary associated agriculture, horticulture, or animal husbandry use is being conducted.

(b)

Location on site/dimensional standards. Set back structures or storage yards from adjacent single-family residential development, as follows:

(c)

Landscaped buffer adjacent to single-family residential development. If adjacent to existing single-family development:

(i)

Provide a landscaped buffer a minimum of 15 feet in width along the yard which the single-family development abuts.

(ii)

Screen all storage yards from view of the single-family residential development.

(d)

Access. Not allow a vehicle access route to be located within a required landscaped buffer area, except where necessary to access the site.

(e)

Hazardous chemicals, pesticide use. Prohibit the use and application of herbicides, pesticides, and potentially hazardous chemicals and substances such as paints and solvents within any required single-family residential buffer.

(f)

Parking. Provide gravel or other dust-minimizing surfacing material for all parking areas within 300 feet of a residential development.

(2)

Agricultural processing. No building or structure used for the housing or processing of animals at an agricultural processing facility shall be located within 300 feet of any lot line.

(3)

Direct market business, produce stands. A direct market business or produce stand shall comply with the following standards:

(a)

Area. Not to exceed 750 square feet in area.

(b)

Retail sales. Be for the retail sale of agriculture and horticulture products.

(c)

Safe ingress and egress. Be located and designed to provide customers safe ingress and egress from the road.

(d)

Height. Not exceed 15 feet in height.

(e)

Off-street parking. Provide safe and adequate off-street parking for customers.

(4)

Nursery, commercial and production. Any outside storage of equipment or vehicles associated with a nursery use (either commercial or production) shall be completely screened from off-site view by buildings and/or fencing with landscaping on the outside of the fencing.

(5)

Sawmill. Sawmills shall comply with the following standards:

(a)

Area. Be located on a lot at least two acres in area.

(b)

Height. Not to exceed 60 feet in height.

(c)

Access. Have direct access onto a paved public road.

(d)

Safe ingress and egress. Be located and designed to provide customers safe ingress and egress from the public road.

(e)

Off-street parking. Provide safe and adequate off-street parking for customers.

(f)

Setback from residential development. Be set back a minimum of 300 feet of existing residential development and residential zone districts.

(g)

Adjacent to residential development. If adjacent to existing residential development or a residential zone district, provide a landscaped buffer, a minimum of 15 feet in width along the yard which the residential development or residential district abuts.

(6)

Stable. No building used for housing animals at a stable shall be located within 300 feet of a lot line.

(B)

Agriculture support (not directly related).

(1)

Agricultural research facility; central farm distribution. Agricultural research facility and central farm distribution uses shall comply with the following standards:

(a)

Access. Have direct access onto a collector or arterial road.

(b)

Adjacent to single-family detached development or in residential district.

(i)

If adjacent to existing single-family detached development, not allow the height of buildings exceed the greater of two stories or 180 percent of the average height of the adjacent single-family detached development.

(ii)

If adjacent to single-family residential districts (RSF-1, RSF-3, RSF-4 and RSF-6), not exceed the greater of two stories or 130 percent of the maximum height allowed for single-family detached dwellings in the district.

(c)

Landscaped buffer adjacent to single-family detached development. If adjacent to existing single-family detached development, provide a landscaped buffer, a minimum of 15 feet in width along the yard which the single-family detached development abuts.

(d)

Off-street parking. Where off-street parking areas are located adjacent to a public right-of-way, screen them with a complete screen, a minimum of three feet in height, achieved within three years.

(2)

Equestrian facility. No building used for housing of animals at an equestrian facility shall be located within 300 feet of any lot line.

(3)

Stable. No building used for housing of animals at a stable shall be located within 50 feet of any lot line.

(4)

Landscape services. Any outside storage of equipment of vehicles associated with a landscape services use shall be completely screened from off-site view by buildings and/or fencing with landscaping on the outside of the fencing.

(C)

Animal sales, service and care.

(1)

Animal hospital. Animal hospitals shall comply with the following standards:

(a)

Kennels. Not maintain kennels outside the principal building except in the A district. Inside the district, no kennel shall be located within 125 feet of any lot line.

(b)

Adjacent to single-family detached development or in residential district.

(i)

If adjacent to single-family residential districts (RSF-1, RSF-3, RSF-4 and RSF-6), not exceed two stories or 130 percent of the maximum height allowed for single-family detached dwellings in the district.

(ii)

If adjacent to existing single-family detached development, not allow the height of buildings to exceed two stories or 180 percent of the average height of the adjacent single-family development.

(c)

Open runs. No open runs or pens used for housing of animals at an animal shelter shall be located within 125 feet of any lot line.

(d)

Landscaped buffer adjacent to single-family detached development. If adjacent to existing single-family detached development, provide a landscaped buffer, a minimum of 15 feet in width along the yard which the single-family detached development abuts.

(e)

Incinerators. Any incinerators included as an accessory use shall require approval through a special exception permit.

(2)

Animal shelter. Animal shelters shall comply with the following standards:

(a)

Open runs and pens. No open runs or pens used for housing of animals at an animal shelter shall be located within 125 feet of any lot line.

(b)

Incinerators. Any incinerators included as an accessory use shall require approval through a special exception permit.

(3)

Kennel/indoor. An indoor kennel shall comply with the following standards:

(a)

No unreasonable noise or odor. Be sufficiently insulated so no unreasonable noise or odor can be detected off the premises.

(b)

Adjacent to single-family detached development or in residential district.

(i)

If adjacent to single-family residential districts (RSF-1, RSF-3, RSF-4 and RSF-6), not exceed two stories or 130 percent of the maximum height allowed for single-family detached dwellings in the district.

(ii)

If adjacent to existing single-family detached development, not allow the height of buildings to exceed two stories or 180 percent of the average height of the adjacent single-family development.

(c)

Accessory uses. Accessory uses to an indoor kennel may include retail sales, veterinary service, and grooming services, as long as the accessory uses do not include more than 25 percent of the total gross floor area.

(4)

Kennel/outdoor. An outdoor kennel shall comply with the following standards:

(a)

Buildings and open runs. Not locate open runs or buildings used for housing of animals within 125 feet of any lot line.

(b)

Adjacent to single-family detached development or in residential district.

(i)

If adjacent to single-family residential districts (RSF-1, RSF-3, RSF-4 and RSF-6), not exceed two stories or 130 percent of the maximum height allowed for single-family detached dwellings in the district.

(ii)

If adjacent to existing single-family detached development, not allow the height of buildings to exceed two stories or 180 percent of the average height of the adjacent single-family development.

(c)

Landscaped buffer adjacent to single-family detached development. If adjacent to existing single-family detached development, provide a landscaped buffer, a minimum of 15 feet in width along the yard which the single-family detached development abuts.

(d)

Accessory uses. Accessory uses to an outdoor kennel may include retail sales, veterinary service, and grooming services, as long as the accessory uses do not include more than 25 percent of the total gross floor area.

(5)

Veterinary clinic. Veterinary clinics shall comply with the following standards:

(a)

Kennels. Maintain no kennels outside the principal building.

(b)

Buildings. Insulate and soundproof the structure in order to minimize all loud noises that might disturb persons on adjacent properties.

(c)

No open runs. Provide no open runs.

(d)

Adjacent to single-family detached development or in residential district.

(i)

If adjacent to single-family residential districts (RSF-1, RSF-3, RSF-4 and RSF-6), not exceed two stories or 130 percent of the maximum height allowed for single-family detached dwellings in the district.

(ii)

If adjacent to existing single-family detached development, not allow the height of buildings to exceed two stories or 180 percent of the average height of the adjacent single-family development.

(e)

Landscaped buffer adjacent to single-family detached development. If adjacent to existing single-family detached development, provide a landscaped buffer, a minimum of 15 feet in width along the yard which the single-family detached development abuts.

4.3.4

Business uses.

(A)

Eating establishments.

(1)

Restaurants with outdoor seating. Restaurants having outdoor seating (including, but not limited to, seating for dining or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply with the following standards:

(a)

Setback from residential district. The outdoor seating area shall be located no closer than 100 feet from any residential zone district or use, except for those residential uses that have been incorporated into a mixed-use development.

(b)

No obstruction of pedestrian movement. The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use.

(c)

Compatibility and compliance with building codes and State regulations. In approving the use, the City may impose conditions relating to the location, configuration, and operational aspects of such outdoor seating area to ensure its compatibility with surrounding uses, its architectural consistency with the restaurant, and its compliance with the City's building codes and ordinances, including noise, and all relevant State laws and regulations.

(d)

Hours of operation. For restaurants with outdoor seating adjacent to or within 100 feet of a residential district, the following hours of operation requirements for the outdoor seating areas shall apply:

(i)

Weeknights. Service to outdoor seating areas will end at 10:00 p.m. on weeknights.

(ii)

Weekend nights. Service to outdoor seating areas will end at 11:00 p.m. on weekend nights.

(2)

Restaurants with drive-through or drive-in service.

(a)

Off-street parking and loading. All principal uses with drive-through or drive-in services shall comply with all applicable standards governing vehicle-stacking areas and drive-in facilities set forth in Section 6.1, Off-street parking and loading standards.

(b)

Transitional use area requirement. When such use is located within a CI, ILW or IG district which adjoins a residential district, and is located upon the same frontage as the residential district without an intervening street, drive-throughs or drive-ins may not be closer than 100 feet from the residential district boundary line.

(3)

Mobile Food Dispensing Vehicle.

(a)

Local Business Tax Receipt.

i.

The operator of a mobile food dispensing vehicle must obtain a Local Business Tax Receipt for each location in the City where the mobile food dispensing vehicle shall be located.

ii.

All applications for a Local Business Tax Receipt shall include a scaled drawing which identifies the following:

a.

Property boundaries;

b.

Dimensions of and proposed location of the mobile food dispensing vehicle;

c.

Location of all support equipment including but not limited to any structures, trash collection containers, and mechanical equipment;

d.

Location of all off-street parking areas for use by the mobile food dispensing vehicle; and,

e.

Location of surrounding site improvements, including but not limited to buildings, on-site parking and vehicular driveways, and sidewalks.

(b)

Permitting. The operator of a mobile food dispensing vehicle must obtain all applicable State licenses and permits.

(c)

Exemptions. Mobile food dispensing vehicles that are transient in nature and do not stop at any given location for more than 30 minutes are allowed in the Agricultural (A) zoning district and in business and residential zoning districts, provided all other applicable provisions of these LDRs are met.

(d)

Alcoholic beverage sales prohibited. The sale of alcoholic beverages shall be prohibited except when permitted as part of an event which has obtained a Special Event Permit from the City.

(e)

Property owner authorization. The operator of a mobile food dispensing vehicle must furnish proof of authorization from property owner granting use of the property for mobile food dispensing by the operator.

(f)

Hours of operation. Hours of operation shall only occur between the hours of 7 AM and 10 PM, except when permitted as part of an event which has obtained a Special Event Permit from the City.

(g)

Limitation on number of mobile food dispensing vehicles. No more than two mobile food dispensing vehicles shall be located on any property at the same time except when permitted as part of an event which has obtained a Special Event Permit from the City or as otherwise provided in these LDRs.

(h)

Location and site requirements.

i.

A mobile food dispensing vehicle must be located on the premises of an active business or institutional use. Operation from a vacant or unoccupied property is not permitted.

ii.

A mobile food dispensing vehicle may not be located in stationary manner on the premises for more than 12 hours in a 24 hour period.

iii.

A mobile food dispensing vehicle shall not operate in a public right-of-way, driveways or driveway aisles actively used for vehicular circulation, designated loading zones or fire lanes, or otherwise impede on-site vehicular circulation patterns.

iv.

A mobile food dispensing vehicle shall not conduct business in any way that restricts or interferes with the ability to enter or exit a business, access to emergency exits, obstructs pedestrian circulation, or creates a hazard to pedestrians.

v.

A mobile food dispensing vehicle shall not block fire protection equipment or ADA parking spaces or ramps.

vi.

A mobile food dispensing vehicle must provide containers for trash collection. All sidewalks, pedestrian areas, and parking areas must be kept clean and free of any trash at all times during and after operation.

vii.

Except for one 10 foot by 10 foot tent, a mobile food dispensing vehicle must be completely self-contained.

viii.

The use of amplified sound is prohibited.

ix.

A mobile food dispensing vehicle shall not be located within 500 feet of the primary entrance to a restaurant except when permitted as part of an event which has obtained a Special Event Permit from the City. For purposes of this section, the measurement shall follow the most direct pedestrian route from the primary entrance of the restaurant to the ordering station of the mobile food dispensing vehicle.

(B)

Conference and training centers.

(1)

Conference center. Conference and training centers shall comply with the following standards:

(a)

Accessory uses. Dining and banquet facilities may be provided for employees, trainees, and conferees. The banquet and dining facilities shall not exceed 20 percent of the total area of the principal permitted structure.

(b)

No products sold on site. No products shall be sold on site, except those that are clearly incidental and integral to the training programs and seminars. (Shirts, glasses, golf equipment, pens and pencils, mugs and similar items with the logo of the company or firm conducting or sponsoring the conference or seminars are considered incidental and integral to the training program.)

(c)

On-site recreation facilities. On-site recreation facilities may be used solely by employees, trainees or conferees.

(2)

Rural agricultural corporate retreat. A rural agricultural corporate retreat shall comply with the following standards:

(a)

Area. Be at least 50 acres in area.

(b)

Setbacks. Set back buildings, active recreational areas, parking, and lighted areas 100 feet from adjacent properties.

(c)

Open space. Set aside a minimum of 60 percent of the site as open space. Recreational uses customarily incidental and subordinate to the use are permitted in the open space and may include: swimming pools and related facilities, boating facilities, tennis and other sports courts, equestrian facilities, picnic areas, golf courses and related facilities, ball fields, children's play equipment and passive recreation facilities. Driveways and parking areas supporting these recreational facilities may also be located in the open space.

(C)

Industrial services.

(1)

Electric motor repair; machine shop; tool repair. Electric motor repair, machine shops, and tool repair uses shall comply with the following standards:

(a)

Minimum separation. Lots shall be located at least 250 feet from schools, day care centers, residential uses or vacant land in residential zone districts.

(b)

Lighting. Design and arrange all lights and lighting so no source of light shall be visible from any residential district.

(c)

Enclosure. Repair and store all machines within an enclosed building. Temporary storage may be allowed in an outdoor storage area that shall be no larger than 25 percent of the total lot area. Such area shall be located to the rear of the principal structure and screened. The height of materials and equipment stored shall not exceed the height of the screening fence or wall.

(2)

Heavy equipment sales, rental or repair. Heavy equipment sales, rental or repair shall comply with the following standards:

(a)

Minimum separation. Lots shall be located at least 250 feet from schools, day care centers, residential uses or vacant land in residential zone districts.

(b)

Displays outside setbacks and buffers. Not locate heavy equipment displays within a required setback or buffer.

(c)

Vehicle display pad. Not have more than one heavy equipment display area for every 100 feet of street frontage.

(d)

No display on top of building. Not place a heavy equipment display on top of a building.

(e)

Landscaping. Landscape front building and side yard setback areas in accordance with Section 6.2.2, Landscaping standards, to provide a buffer between the right-of-way and heavy equipment sales storage areas. Landscape side yard setbacks if the side yard abuts a public right-of-way.

(3)

Laundry, dry cleaning and carpet cleaning facilities. Laundry, dry cleaning and carpet cleaning facilities shall comply with the following standards:

(a)

Minimum separation. Lots shall be located at least 250 feet from schools, day care centers, residential uses, or vacant land in residential zone districts.

(b)

Enclosure. Be within an enclosed building.

(c)

Nonflammable enclosure. Use nonflammable liquids in the cleaning processes, that emit no odor, fumes, or steam detectable to normal senses from off the premises.

(d)

Hazardous materials. Dispose of hazardous materials in accordance with State requirements.

(D)

Manufacturing and production.

(1)

Manufacturing, heavy. Heavy manufacturing uses shall comply with the following standards:

(a)

Minimum separation. Lots shall be located at least 500 feet from schools, day care centers, residential uses, or vacant land in residential zone districts.

(b)

Screen outdoor storage areas. Screen from view from the public right-of-way and all adjacent parcels except those on which heavy manufacturing uses are located, all outdoor storage areas with a solid (100 percent opaque) fence or masonry wall at least eight feet in height.

(c)

On-site circulation. Be designed to ensure proper functioning of the on-site transportation circulation system.

(d)

Access. Have direct access onto an arterial or major collector road.

(E)

Parking, commercial.

(1)

Parking lot. A commercial parking lot use shall comply with the following standards:

(a)

Principal use. Be the principal use. Parking spaces may be rented for parking. No other business of any kind shall be conducted on the lot, including repair service, washing, display or storage of vehicles or other goods.

(b)

Location. Not be contiguous to lands in the residential districts.

(c)

Frontage limited. Limit street frontage in the CC and CBD districts to 100 feet.

(2)

Parking structure. A parking structure shall comply with the following standards:

(a)

Be the principal use. Parking spaces may be rented for parking. Retail businesses are allowed to be developed on the first floor.

(b)

Not located contiguous to single-family district. Not be located contiguous to single-family residential districts (RSF-1, RSF-4, RSF-3 and RSF-6), or existing single-family, attached or detached, development.

(c)

Parking structure in CBD district. A parking structure in the CBD district shall have retail or office uses on the bottom floor across the entire width of street frontage, except for required entrances and the attendant station.

(F)

Recreation/entertainment.

(1)

Banquet hall. Banquet halls having outdoor seating (including but not limited to, seating for dining or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply with the following standards:

(a)

Outdoor seating areas shall be located no closer than 100 feet from any residential zone district or use, except for those residential uses that have been incorporated into a mixed-use development.

(b)

For banquet halls with outdoor seating adjacent to or within 100 feet of a residential district, the following hours of operation requirements for the outdoor seating areas shall apply:

(i)

Weeknights. Service to outdoor seating areas will end at 10:00 p.m. on weeknights.

(ii)

Weekend nights. Service to outdoor seating areas will end at 11:00 p.m. on weekend nights.

(2)

Arena, stadium. All arena or stadium shall comply with the following standards:

(a)

Minimum separation. Lots shall be located at least 500 feet from day care centers, residential uses or vacant land in residential zone districts.

(b)

Lot area. Be at least five acres in area.

(c)

Frontage. Have a minimum of 600 feet of frontage on an arterial road, at the primary point of access.

(d)

Vehicular access. Locate access points to minimize vehicular traffic to and through local streets in residential neighborhoods.

(e)

Safety fences. Provide safety fences up to a height of six feet, if necessary to protect the general health, safety and welfare.

(G)

Retail sales and services. Retail sales and services uses located in a single-tenant building of 20,000 square feet size or larger shall comply with the standards in Subsection 6.8.3, Design standards for business uses, as well as the standards in this section.

(1)

Bar, nightclub or cocktail lounge. A bar, nightclub or cocktail lounge shall comply with the following standards:

(a)

General provisions. Not have a drive-up window, or outdoor area for seating or live or recorded acoustic or amplified entertainment, unless such feature is approved as part of a special exception permit (Section 2.4.4, Special exception permit).

(b)

Outdoor activities as part of a special exception permit. If have a drive-up window or other outdoor area, comply with the following standards:

(i)

Locate the use no closer than 100 feet from any residential zone district or use, except for those residential uses that have been incorporated into a mixed-use, development.

(ii)

Design and locate the drive-up window or outdoor area so as not to obstruct the movement of pedestrians along sidewalks or through areas intended for public use.

(iii)

Limit the serving of food and beverages to the outdoor area.

(iv)

In approving the use, the City may impose conditions relating to the location, configuration, and operational aspects of the drive-in window or outdoor area to ensure its compatibility with surrounding uses, its architectural consistency with the principal use, and its compliance with the City's building codes and all relevant State laws and regulations.

(c)

Transitional use area requirement. When such use is located within a CI, ILW or IG district which adjoins a residential district, and is located upon the same frontage as the residential district without an intervening street, such uses and any associated accessory or incidental structures shall not be closer than 100 feet from the residential district boundary line.

(2)

Convenience store. Convenience stores shall comply with the following:

(a)

Roofs. A convenience store with and without gasoline sales shall have shingled, standing seam metal, or tiled roofs. Flat roofs are prohibited.

(b)

Architectural uniformity. The exterior façades of all structures shall receive uniform architectural treatment, including masonry, stucco, and painting of surfaces. The colors selected shall be compatible with the character of the neighborhood.

(3)

Drug store or pharmacy (stand alone). Drive-through facilities associated with drug stores or pharmacies shall comply with the following standards:

(a)

Canopies. Have pitched roofs at an angle to closely approximate the roof found on the primary building.

(b)

Drive-through locations. Be situated to the side and preferably to the rear of the primary building.

(c)

Prohibited. Drive-through facilities shall not be located within the CC or CBD districts.

(4)

Financial institution. Drive-through facilities associated with a financial institution shall comply with the following standards:

(a)

Canopies. Have pitch-roofs at an angle to closely approximate the roof found on the primary building.

(b)

Drive-through locations. Be situated to the side and preferably to the rear of the primary building.

(c)

Prohibited. Drive-through facilities shall not be included with financial institutions located within the CC or CBD districts.

(d)

Stand-alone ATM. In no instance shall a stand-alone ATM be considered a financial institution.

(5)

Laundromat.