(a)

Table No. 1, Open space—Nonresidential and residential requirements.

Notes:

(1)

In the regional business center, redevelopment may meet a portion of the 25 percent open space requirement through off-site credits at the discretion of the city.

(2)

As an alternative to providing the open space on-site, a project may contribute to an open space/recreation area mitigation fund as may be established by the city, or provide open space off-site as long as the property to be used for the off-site mitigation is within the same drainage basin as the developing property. In either case for mitigation, a minimum of ten percent open space shall be provided on-site.

(3)

Waivers to the minimum open space requirements, as set forth in the city's comprehensive plan, City Plan 2020, are not permitted. However, open space design alternatives consistent with City Plan 2020 policies regarding open space may be considered by city.

(4)

The residential requirements do not pertain to individual lots in fee simple ownership.

(b)

Recreation area requirements. For multifamily, townhouse or cluster home projects, a minimum of four percent of the property shall be designated for recreational uses. A minimum of 60 percent of the recreational area(s) shall be utilized for active recreation, and a maximum of 40 percent shall be utilized for passive recreation. The planning board has the ability to adjust the recreational size and percentage mix requirements for multifamily, townhouse or cluster home projects designed to serve older populations or for projects located in mixed office commercial areas, provided the gross open space requirements of the city's comprehensive plan are met.

(Ord. No. 1173-94, § 27, 6-7-94; Ord. No. 1565-07, § 4, 2-6-07)

3.44.2.1 Visibility at driveways and street intersections.

(a)

Driveways. At locations where a driveway or other accessway intersects a public right-of-way, no fence, wall, hedge, planting except grass or other groundcover, or structure shall be erected, placed, planted or allowed to grow within the first ten feet of the front yard for a distance of three feet on either side of the driveway such that it obstructs the visibility of drivers in the driveway.

(b)

Intersections. Sight visibility requirements adjacent to intersections of public or private streets shall be pursuant to the requirements of the latest edition of the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the Florida Green Book) published by the Florida Department of Transportation.

(Ord. No. 1617-09, § 6, 12-1-09; Ord. No. 1758-20, § 1, 11-17-20)

3.44.2.2 Yards. The various types of yards (front, side, etc.) are defined in section 1.2.1 - definitions. Generally, yard areas are those areas forward of any plane of the exterior walls of the principal structure. Required yards are those yards as are required by the zoning district regulations for building setbacks.

(Ord. No. 1617-09, § 6, 12-1-09; Ord. No. 1758-20, § 1, 11-17-20)

3.44.2.2.1 In any district zoned as a residential dwelling district, fences and walls erected on all lots shall be in accordance with the following criteria:

(a)

Front yard.

(1)

Fences and walls. Front yard fences and walls, including those on front and side lot lines shall not exceed three feet in height above established lot grade, and no wall or fence in excess of three feet may be maintained within a front yard area. Walls or fences determined by the growth management director to be a part of a unified architectural design with the principal building or structure on the property may be within the front yard area, but not within any required front yard.

(2)

Hedges. For properties used for multiple-family residential, front yard hedges and planting material, including those on front and side lot lines shall not exceed three feet in height above established lot grade, and no hedge or planting material in excess of three feet may be maintained within a front yard area. Properties used for single-family residential or duplexes shall not be subject to the three-foot height limit for hedges or planting material.

(3)

Single-family subdivision walls. For any property used for a single-family residential subdivision with six dwelling units or more, decorative subdivision perimeter screening walls, including those on front and side lot lines, may be allowed up to a maximum height of six feet provided all of the following criteria are met:

a.

The wall shall be constructed of brick, stucco or split-face block, and be of a decorative residential character.

b.

A minimum setback of five feet from the property line shall be provided for the wall. In addition, no portion of the wall may be in any easement.

c.

One tree shall be planted in the setback area for each 50 linear feet or fraction thereof of wall length, or one shrub shall be planted in the setback area for each five linear feet of wall length. Shrubs may be grouped or clustered provided the total quantity of shrubs is achieved. Trees and shrubs shall meet the minimum standards contained in article VIII of this Code.

d.

Groundcover and irrigation shall be provided for the remainder of the setback area.

e.

The wall and landscaping shall be located within a platted tract or an easement dedicated to the mandatory homeowners' association for this purpose.

f.

The wall, landscaping and tract or easement shall be identified on the subdivision development plans.

g.

Residential properties adjacent to arterial roads shall follow the screening wall requirements in section 6.1.14 - screening walls and landscaping.

(4)

Multi-family street walls. Front yard walls for a multiple-family residential use that are employed as an alternative design solution to satisfy landscape buffer requirements for the screening of vehicular use areas or to provide an enhanced pedestrian environment use may be allowed when part of a city-approved site plan, provided all of the following criteria are met:

a.

The street wall shall be decorative in nature and consistent with the primary architectural design of the project.

b.

The street wall shall continue along the entire frontage of the property and wrap around the side yard a minimum of five feet.

c.

Openings in the street wall may be permitted for pedestrian connections or tree preservation.

d.

The street wall shall provide decorative columns a maximum of 20 feet on center along the length of the wall, at any wall terminus, and where the wall changes direction.

e.

The maximum height of the street wall shall be three feet; however, decorative columns may exceed the height of the wall by up to nine inches.

f.

The street wall and decorative columns must be finished with brick, stone, stucco or other similar durable material and must be finished consistently on all sides.

g.

No part of the street wall shall extend beyond the property line.

h.

Street walls intended to screen vehicles parked on the adjacent parking areas and other vehicular use areas may extend up to 40 inches in height from the elevation of the adjacent parking field or vehicular use area.

(5)

Multi-family fences. For any property used for a multiple-family residential use with six dwelling units or more, decorative front yard perimeter fences, including those on front and side lot lines, may be allowed up to a maximum height of six feet provided all of the following criteria are met:

a.

The fence shall be of decorative residential character, be wrought iron or extruded aluminum, and be a dark color.

b.

The fence shall utilize decorative finished masonry block or brick columns spaced a maximum of 40 feet apart.

c.

A minimum setback of five feet from the property line shall be provided for the fence and the columns. In addition, no portion of the fence or columns may be in any easement.

d.

The buffer landscaping of trees and shrubs required by article VIII of this Code shall be placed between the fence and the property line.

e.

No solid walls or fences, wood stockade or privacy fences, or chain link fences shall be permitted to take advantage of this allowance.

f.

Multi-family properties adjacent to arterial roads shall follow the screening wall requirements in section 6.1.14 - screening walls and landscaping.

(b)

Side and rear yards. Side and rear yard walls and fences, including those on side and rear lot lines, shall not exceed six feet in height above the established lot grade and must be maintained behind a required front yard.

(c)

Where a lot line is adjacent to nonresidential zoned property, or constitutes a rear lot line on a double frontage lot that is across the street from nonresidential zoned property, fences and walls may be maintained at a height not exceeding six feet above the established lot grade provided that such walls and fences only extend into the front yard area to the extent necessary to act as a buffer from said nonresidential zoned property.

(d)

Walls, fences or similar structures erected in any residential dwelling district shall not contain any substance, such as broken glass, spikes, nails, barbs or similar materials designed to inflict pain or injury to any person or animal. No barbed wire, string wire or electrically charged fence, or any similar devices, shall be erected in any location on any lot or parcel of land in residentially zoned districts.

(e)

A fence or wall that is not located within the required setbacks shall not be more than ten feet in height.

(f)

On irregular shaped residential lots the placement of the fence shall be determined by the growth management director, or designee, as to height, location and relationship to adjoining residential lots.

(g)

All fences, walls, hedges or other similar structures erected in any residential dwelling district shall be maintained by the property owner. Property owners shall be responsible for maintaining the appearance of the fence, wall, hedge or other similar structure in such a manner that there are no missing boards or slats, cracks, open gaps, leaning sections, crooked posts, missing blocks or bricks, cracked or crumbling blocks or bricks, and the structural integrity of the fence, wall or other similar structure must be maintained by the property owner at all times.

(h)

No person shall remove any fence, wall, hedge or other similar structure, or any portion of a fence, wall or other similar structure if removing same would leave a gap or open space in a perimeter fence, wall, hedge or other similar structure.

(i)

Standard maintenance of walls, fences or railings located on or adjacent to public rights-of-way, which benefit the owner of the adjoining real property along which such wall, fence or railing was constructed shall be the responsibility of the owner of the real property along which such fence was constructed.

(Ord. No. 1344-99, § 18, 12-5-00; Ord. No. 1559-06, § 1, 12-5-06; Ord. No. 1569-07, § 4, 4-3-07; Ord. No. 1617-09, § 6, 12-1-09; Ord. No. 1758-20, § 1, 11-17-20)

3.44.2.2.2 In industrial or commercial districts, fences, walls and hedges erected on all lots shall be in accordance with the landscaping and tree protection regulations, article VIII of this Code, and the following criteria:

(a)

Front yard.

(1)

Front walls, fences and hedges, including those on front and side lot lines, shall not exceed three feet in height above established lot grade, and no wall, fence or hedge in excess of three feet in height may be maintained within a required front yard except that walls or fences determined by the growth management director to be part of a unified architectural design with the principal building or structure on the property may be within the front yard area, but not within any required front yard.

(2)

Front yard walls that are employed as an alternative design solution to satisfy landscape buffer requirements for the screening of vehicular use areas or to provide an enhanced pedestrian environment use may be allowed if part of a city-approved site plan, provided all of the following criteria are met:

a.

The street wall shall be decorative in nature and consistent with the primary architectural design of the project.

b.

The street wall shall continue along the entire frontage of the property and wrap around the side yard a minimum of five feet.

c.

Openings in the street wall may be permitted for pedestrian connections or tree preservation.

d.

The street wall shall provide decorative columns a maximum of 20 feet on center along the length of the wall, at any wall terminus, and where the wall changes direction.

e.

The maximum height of the street wall shall be three feet; however, decorative columns may exceed the height of the wall by up to nine inches.

f.

The street wall and decorative columns must be finished with brick, stone, stucco or other quality material and must be finished consistently on all sides.

g.

No part of the street wall shall extend beyond the property line.

h.

Street walls intended to screen vehicles parked on the adjacent parking areas and other vehicular use areas may extend up to 40 inches in height from the elevation of the adjacent parking field or vehicular use area.

(b)

Side and rear yards. Side and rear yard walls and fences, including those on side and rear lot lines, shall not exceed six feet in height above the established lot grade and must be maintained behind a required front yard area. When industrial or commercial properties are adjacent to residential or other dissimilar land uses, the buffer level requirements of article VIII shall supersede this regulation.

(c)

An 18-inch extension of barbed wire may be incorporated above the fence as approved by the building official, provided that no such extension of barbed wire shall be incorporated below the level of six feet above established lot grade, and in no event shall such extension of barbed wire be placed so as to project outward over any sidewalk, street or other public way, or over the property of any adjacent owner.

(d)

A fence or wall that is not located within the required setbacks shall not be more than ten feet in height.

(e)

Wood fences are not permitted.

(Ord. No. 1617-09, § 6, 12-1-09; Ord. No. 1758-20, § 1, 11-17-20)

3.44.2.2.3 Where the topography between structures does not afford the desired results of the six-foot maximum wall height, the growth management director (or designee) shall permit additional height as established by the following method: An imaginary straight line shall be projected from a point six feet above the finished rear floor elevation of each structure. The adjusted maximum wall height shall be at the elevation where this line intersects the mutual property line.

(Ord. No. 1617-09, § 6, 12-1-09)

3.44.2.2.4 Fencing and fence screening material, as approved by the city, may be required on any vacant lot, lot under construction, lot containing an unsafe structure, or abandoned lot (whether vacant or developed) to provide for public safety, to control pedestrians, to prevent illegal use of the property, or to comport with the general aesthetics of the surrounding property. Fencing, fence screening materials, and arrangement shall be as approved by the building official. Fencing used for this purpose may be in the required front yard if specifically approved by the city, subject to maintaining adequate visibility at intersections and driveways.

(Ord. No. 1173-94, § 27, 6-7-94; Ord. No. 1617-09, § 6, 12-1-09)

3.44.2.2.5 Fences required for screening purposes by this Code shall be opaque. The materials providing opacity must be an integral part of the structure, Chain link fences shall not be allowed as a screening fence except as specifically provided in this Code and approved by the city.

(Ord. No. 1617-09, § 6, 12-1-09)

3.44.2.2.6 The following screening material requirements shall apply to chain link fences or other fences erected for screening purposes but which are not adequately opaque:

(a)

Fence screening material and arrangement shall be as approved by the building official; however, screening material shall not consist of slats or other inserts in the chain link fencing.

(b)

Approved screening material on fences, such as mesh fabric, shall be securely fastened to the fence and shall be maintained at all times such that the screening material is not ripped, torn, tattered, loose or unfastened. Screening shall be kept clean and free from mold, mildew, dirt or other stains or growths. Screening material that has faded shall be replaced with a new screen. All screening material shall be either black, dark blue or dark green in color.

(c)

Chain link fences shall not be used to meet the buffer wall or fence requirements of article VIII.

(Ord. No. 1617-09, § 6, 12-1-09)

3.44.2.2.7 Screening fences or screening material which screens a construction site or vacant property that is planned to be developed may contain graphics on the fence or screening material in a manner consistent with and as permitted and set forth in the sign regulations, division 42 of these zoning regulations, and as approved by the building official. Such graphics shall only be permitted on construction sites with a valid building permit and vacant property for which there exists a valid site plan approval.

(Ord. No. 1617-09, § 6, 12-1-09)

3.44.3.1 Location of accessory buildings and uses in residential districts:

3.44.3.1.1 In residential districts, accessory uses and structures, including shade structures, shall not be located in front or side yards, but may be located in rear yards. Such structures shall be located no closer than seven feet from the rear and side property lines. No accessory structure shall be located in any easement. Such structures shall not be more than 15 feet in height measured from normal ground level to the highest part of the structure. For purposes of this section, basketball hoops and tree houses shall be excluded.

(Ord. No. 1224-96, § 6, 7-2-96; Ord. No. 1344-99, § 18, 12-5-2000)

3.44.3.1.2 Garages when attached to the main structure or freestanding, and accessory structures for the housing of persons, such as guest houses, shall not be located in any required yard, nor shall such accessory structures exceed the height of the primary structure.

3.44.3.1.3 (Deleted.)

3.44.3.1.4 Yard requirements and maintenance requirements for swimming pools and screen enclosures shall be as outlined below:

a.

No pool (excluding surrounding patio) shall be located closer to the side yard property line of the lot, parcel, or piece of land upon which said pool is located than the distance required by the zoning ordinances of the city for side yards in the zone in which the property is located, plus three feet; not less than ten feet from the rear property line; nor shall any part of the pool structure within and including the coping intrude upon any easement. No pool shall be located nearer to the front line of the lot, parcel, or piece of land than the main or principal building or residence to which the pool is an accessory. On waterfront lots, a pool shall be located not less than 15 feet from the present or proposed high-water control level of the body of water. All distances shall be measured from the outside edge of pool wall.

b.

Screen enclosures and patios surrounding pools shall not be located closer to the side yard property line than the side yard requirement established by the zoning ordinance of the city for the lot, parcel, or piece of land upon which the pool is located, nor closer to the rear property line than seven feet.

On lakefront property, no screen enclosures shall be erected less than 12 feet from the shoreline as determined by the existing or established control water level.

In no case shall the height be greater than 20 feet, not to exceed the height of the residence when the structure is located in the allowable principal residence setback area. For that portion of the screened enclosure not located in the building setback area, as stipulated in the applicable zoning, then the screen enclosure height can be the same height as allowed for a single-family residence.

Mesh sizes shall not be smaller than 20 by 20, nor larger than 18 by 14. Design computations and construction details shall be supplied with all pool enclosure plans showing that same comply with wind load and live load requirements of the building code of the city.

c.

Whenever in this article reference is made to the existing, normal, or control water level, or high-water level, the level established by the city engineer shall be applied. Whenever such control levels have not been so established, the city engineer shall determine the approximate natural levels in accordance with available historical data, and shall advise the building official in writing of the levels to be applied for the purposes of this division.

d.

All pools shall be completely enclosed by a screen enclosure, a link-type fence, or a solid wall as approved by the building official of a minimum height of 48 inches, the gates of which shall be self-closing and latching type with a latch on the inside of the gate or enclosure located at least 46 inches above the ground, except that requirements for fencing or walls along the lakeside of lakefront property shall not apply where the other three sides are fenced or fully enclosed, and such side enclosure is continued at least to the present or proposed low-water control level of the lake. Pool permit applications presented to building and life safety services shall indicate compliance with the Preston de Ibern/McKenzie Merriam Residential Swimming Pool Safety Act, F.S. ch. 515. Maximum height of walls and fences built under this section shall comply with the requirements of this article, as determined by the location of the fence or wall.

e.

Maintenance of swimming pools.

(i)

Swimming pools and wading pools shall be maintained so that when standing at the pool's edge at the deep end, the deepest portion of the pool floor shall be clearly visible. If the pool floor is not clearly visible, the water in the pool shall be considered stagnant or foul.

(ii)

It shall be unlawful for the owner of any swimming or wading pool containing any water, which is in violation of subsection (i), to fail to drain or clean said pool.

(iii)

If any swimming or wading pool contains stagnant or foul water, the city may give the owner of the property upon which the pool exists notice by certified mail that the city will, at the expiration of 15 days from the date of such notice, proceed to clean or empty such pool, and that the cost thereof shall be assessed against the owner.

(iv)

If, after 15 days from the date of notice as set forth in subsection (iii), above, a swimming or wading pool continues to contain stagnant or foul water, the city may then proceed to clean or empty such pool and the cost thereof shall be recorded as a lien against the property on which the pool exists, and said lien shall remain a lien against such property until paid, regardless of any changes in ownership of the property.

(v)

Nothing in this subsection e shall preclude the city from prosecuting violations of this subsection through the code enforcement board, code citation, or any other code enforcement method.

(Ord. No. 1344-99, § 18, 12-5-00; Ord. No. 1480-03, § 1, 6-17-03; Ord. No. 1758-20, § 1, 11-17-20)

3.44.3.1.5 In residential districts on double frontage lots, through lots or corner lots, accessory uses and structures shall not be located in the front yards, but may be located in one but not both of the side yards.

(Ord. No. 1758-20, § 1, 11-17-20)

3.44.3.1.6 No accessory structure shall be located closer than 20 feet to the mean high water line, other than screen enclosures.

3.44.3.1.7 Satellite dishes and direct broadcast television antennas.

(a)

All satellite dishes and direct broadcast television antennas larger than 39 inches (one meter) are to be obscured from sight from adjacent properties and rights-of-way by landscaping or other means approved by the director of growth management in accordance with the adopted building code, provided, however, that the screening structures need not intrude into the window of signal reception.

(b)

All satellite dishes will require a wind load design and approval.

(c)

For satellite dishes and direct broadcast television antennas greater than 39 inches, in no case shall the height of the dish or antenna be greater than 15 feet or the height of the residence, which ever is greater when the satellite dish or antenna is located in the allowable principal residence setback area. For that portion of the satellite dish or antenna located outside of the building setback area, as established by the applicable zoning district, then the satellite dish or antenna may be the same height as the principal residence existing on the site.

(Ord. No. 1224-96, § 7, 7-2-96; Ord. No. 1344-99, § 18, 12-5-2000; Ord. No. 1758-20, § 1, 11-17-20)

3.44.3.2 Location of accessory buildings and uses in commercial and industrial districts:

3.44.3.2.1 In all commercial and industrial districts, no accessory structure, including shade structures, shall project into the required front yard or side yard setback or landscape buffer, and shall be no closer than six feet to the rear lot line.

(Ord. No. 1344-99, § 18, 12-5-2000)

3.44.3.2.2 No separate accessory building shall be located within ten feet of any other building.

3.44.3.2.3 Satellite dishes and direct broadcast television antennas.

(a)

All satellite dishes and direct broadcast television antennas larger than 78 inches (two meters) are to be obscured from sight from adjacent properties and rights-of-way by landscaping or other means approved by the director of growth management in accordance with the adopted building code, provided, however, that the screening structures need not intrude into the window of signal reception.

(b)

All satellite dishes will require a wind load design and approval.

(c)

Refer to division 40, Communication tower and communication antenna regulations, for additional antenna requirements.

(Ord. No. 1344-99, § 18, 12-5-2000; Ord. No. 1758-20, § 1, 11-17-20)

3.44.3.3 Commercial lighting. Parking areas shall be illuminated for the safety and welfare of pedestrians and vehicular traffic. Where a commercial or industrial district borders a residential district, lighting may be used for illuminating the parking area, advertising signs or any portion of the property as long as direct light is not visible to drivers on highways or adjacent residential areas. No red or green illuminator will be permitted within 100 feet of any intersection.

3.44.3.4 Roof top equipment. All roof top mechanical equipment is to be screened from view from all adjacent properties and all rights-of-way.

(Ord. No. 1173-94, § 27, 6-7-94)

3.44.4.1 Exclusions.

(a)

The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, water tanks, ventilators, chimneys, or to other appurtenances usually required to be placed above the roof level and not intended for human occupancy; provided, however, the heights of these structures or appurtenances thereto shall not exceed any height limitations prescribed by the federal aviation agency or airport zoning regulations within the flight-approach zone of airports.

NOTE: This regulation pertains to all of the zoning districts.

(b)

Special appurtenances, shall comply with the height and use restrictions of the applicable zoning district.

(Ord. No. 1224-96, § 7, 7-2-96)

3.44.4.2 Flag poles. Flag poles shall not be higher than ten feet above the highest part of the structural roof and shall not be mounted on or supported by the roof unless approved during site plan process. Under no circumstances shall a flagpole be higher than 50 feet.

Every part of every required yard shall be open and unobstructed from the ground to the sky except as hereinafter provided or as otherwise permitted in these zoning regulations:

(a)

Roof eaves may project into a required side yard not more than three feet where the required side yard is eight feet or more in width, but in no case shall project more than one foot from the property line. Roof eaves may project into a required side yard not more than two feet where the required side yard is less than eight feet in width, but in no case shall project more than one foot from the property line.

(b)

Sills and belt courses may project not over six inches into a required yard.

(c)

Movable awnings may project not over three feet into a required yard, provided that where the yard is less than five feet in width, the projection shall not exceed one-half the width of the yard.

(d)

Chimneys, fireplaces, or pilasters may project not over two feet into a required yard.

(e)

Fire escapes, stairways, and balconies whether unroofed, open and unenclosed or enclosed shall not intrude into a required yard.

(f)

Hoods, canopies or marquees may project not over three feet into a required yard, but shall not come closer than one foot to the lot line.

(g)

Fences, walls and hedges are permitted in required yards, subject to the provisions of section 3.44.2 - fences, walls and hedges and article VIII - landscaping and tree protection.

(h)

Except as provided in article VIII - landscaping and tree protection, nothing in these zoning regulations shall be construed to prohibit any type of landscaping or private, nonprofit, gardening on any lot.

(i)

Air conditioner units, pool pumps, heat pumps and similar mechanical devices shall not be located in any required front yard or side yard except when such unit is screened by an opaque fence equal to the height of said equipment and does not encroach more than four feet into the required yard. This provision shall not be construed so as to include generators (engines) as a similar mechanical device.

(Ord. No. 1758-20, § 1, 11-17-20)

Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking. No dwelling shall be erected on a lot or portion of a lot which does not abut on at least one public street or approved private street for at least 25 feet.

No land which is residentially zoned shall be used for driveway, walkway, or access purposes to any land which is nonresidential zoned, or used for any purpose not permitted in a residential district except for ingress and egress to an existing use which does not abut on a street.

Dispensing facilities, whether the primary or only use, or an ancillary use, are subject to the following requirements:

(a)

Application. In addition to the standard development approval application requirements and meeting all the requirements for a conditional use under this Land Development Code, an application for conditional use approval for a dispensing facility shall:

(1)

Be a joint application by the property owner and the tenant, if the dispensing facility and the property are not owned by the same person or entity;

(2)

Be accompanied by a lease or letter of intent identifying the specific use, if the dispensing facility and the property are not owned by the same person; and

(3)

Provide proof to the city that the dispensing facility business operator is authorized and licensed by the State of Florida to sell marijuana to qualified patients or caregivers authorized by the State of Florida to purchase same for treatment of qualifying medical conditions.

(b)

Location requirements. A dispensing facility shall not be established:

(1)

Within 500 feet of the property that comprises a public or private elementary school, middle school, or secondary school (pre-kindergarten through grade 12):

a.

Where a dispensing facility is located in conformity with the provisions of this article, the subsequent locating of one of the uses listed in subsection (b)(1) above, within 500 feet of an existing dispensing facility shall not cause a violation of this section.

b.

Whenever a conditional use approval for a dispensing facility has been lawfully procured and thereafter a public or private school (pre-kindergarten through grade 12) be established within a distance otherwise prohibited by law, the establishment of such use shall not be cause for revocation of the conditional use approval; and

(2)

Distances shall be measured using a direct line measurement from the property line of the property on which the dispensing facility is located to the nearest property line of the use identified in subsection (b)(1) that existed before the date the dispensing facility submitted its initial application for approval.

(c)

Other uses. Unless disclosed and authorized as part of a conditional use approval, the dispensing facility shall be the only use permitted on the property if the dispensing facility is located in a freestanding building or within the dispensing facility tenant space if the center is part of a multi-tenant structure.

(d)

Prohibited activities. The preparation, wholesale storage, distribution, cultivation, growing or processing of any form of marijuana or marijuana delivery device, and on-site consumption of any marijuana is specifically prohibited at a dispensing facility.

(e)

Performance standards and conditions. All dispensing facilities shall comply with the following standards, which may be further incorporated into conditions of approval:

(1)

The building within which a dispensing facility is proposed must be at all times architecturally and aesthetically compatible with immediately adjacent buildings and development in the surrounding area, and shall have neutral coloring of not more than two complementary colors.

(2)

No dispensing facility shall have drive-thru or drive-in service. All sales, purchases, and dispensing of marijuana, marijuana delivery devices, and all other merchandise shall occur inside the dispensing facility.

(3)

The hours of operation for dispensing marijuana and marijuana delivery devices at a dispensing facility shall be limited to between 7:00 a.m. and 9:00 p.m.

(4)

A dispensing facility shall provide adequate seating for its customers and business invitees and shall not allow customers or business invitees to stand, sit (including in a parked car), or gather or loiter outside of any building where the dispensing facility operates, including in any parking areas, sidewalks, rights-of-way, or neighboring properties for any period of time longer than that reasonably required to arrive and depart. The dispensing facility shall post conspicuous signs stating that no loitering is allowed on the property.

(5)

A dispensing facility shall meet all off-site parking requirements set forth in the Code for service establishments within the commercial parking category, and any parking demand created by the dispensing facility shall not exceed the parking spaces located or allocated on-site.

(6)

Each application for a conditional use shall be accompanied by a conditional use concept plan incorporating the regulations established herein. The plan shall be drawn to scale indicating property lines, rights-of-way, and the location of buildings, parking areas, curb cuts and driveways, parking calculations and site lighting.

(7)

Dispensing facilities must comply with all requirements for the operation of a dispensing facility as set forth in F.S. § 381.986, and Florida Administrative Code Chapter 64-4, as both may be amended from time to time.

(8)

Other standards as may be necessary to ensure compatibility with the surrounding area.

(f)

Conditional use conditions. In addition to any other specific conditions set forth by the planning board in approving a conditional use application, all conditional use approvals for a dispensing facility shall contain the following conditions:

(1)

The dispensing facility shall not open without first obtaining a license from the State of Florida to operate as a medical marijuana treatment center as set forth in F.S. § 381.986.

(2)

Prior to occupancy a dispensing facility shall obtain all changes of use and changes of occupancy approvals as may be required for the proposed use, shall have installed the lighting and security plan elements (including doorway/exit and exterior lighting), and completed all other requirements pursuant to F.S. § 981.386.

(3)

No other activity or use of the premises shall occur except those specifically authorized as part of the dispensing facility approval, which shall be listed in the conditions (such as retail activities which may require an additional conditional use approval).

(4)

Conditional use approval for a dispensing facility shall only be transferable as part of a transfer of the State of Florida medical marijuana treatment facility license to another licensed medical marijuana treatment facility as set forth in F.S. § 381.986, and if the transfer is approved by the city, pursuant to the transfer process provided in Land Development Code subsection 3.44.8(i).

(g)

Conditional use duration. A conditional use approval for a dispensing facility shall expire 12 months after approval if the use is not implemented, pursuant to the conditional use procedures set forth in division 4; otherwise, a conditional use approval shall remain valid for the duration of the business operation of the dispensing facility, subject to the following:

(1)

Complete and continuous compliance with the conditions of approval, all state laws, and all licensing, permitting and operational requirements.

(2)

Sales and dispensing shall be only for marijuana approved by the State of Florida for sale for medical purposes.

(3)

The characteristics of the business and use impacts remain the same as set forth in the conditional use approval.

(h)

Revocation of conditional use approval. Any conditional use approval granted under this section shall be immediately terminated if any one or more of the following occur:

(1)

The dispensing facility owner/operator or owner of the property upon which a dispensing facility is located provides false or misleading information to the city;

(2)

Anyone on the premises knowingly dispenses, delivers, or otherwise transfers any marijuana or marijuana delivery device to an individual or entity not authorized by state law to receive such substance or product;

(3)

The dispensing facility owner/operator fails to correct any city code violation or to otherwise provide an action plan to remedy the violation acceptable to the city within the timeframes and compliance deadline provided in the notice of violation;

(4)

The dispensing facility owner/operator fails to correct any state law violation or address any warning in accordance with any corrective action plan required by the state within the timeframes and completion date the dispensing facility owner/operator provided to the city;

(5)

The state license of the medical marijuana treatment center under which the dispensing facility is operating authorizing the dispensing of marijuana and marijuana delivery devices expires or is revoked;

(6)

The dispensing facility owner/operator fails to comply with all conditions set forth in the conditional use approval.

(i)

Transfer of dispensing facility conditional use approval.

(1)

A conditional use approval for a dispensing facility shall be transferable to another dispensing facility business or operator under the same medical marijuana treatment center state permit, or to another medical marijuana treatment center with a state permit. In order to transfer the conditional use approval, the location, operation, and characteristics of the dispensing facility must in all aspects remain the same as set forth in the conditional use approval.

(2)

An application for a conditional use approval transfer, meeting the requirements of subsection 3.44.8(a), Land Development Code, shall be filed with the growth management director.

(3)

The application for a conditional use approval transfer shall be accompanied by a conditional use approval transfer fee in an amount equal to that of the fee for extensions of conditional use approvals.

(4)

If the transfer application meets the requirements of subsection 3.44.8(a), Land Development Code, and all other codes and ordinances of the city, the city shall approve the conditional use approval transfer.

(5)

A conditional use approval is particular only to the location and shall not be transferred to another location.

(6)

An attempt to transfer a conditional use approval either directly or indirectly in violation of this section is hereby declared void, and in that event the conditional use shall be deemed abandoned.

(Ord. No. 1690-15, § 3, 12-1-15; Ord. No. 1720-17, § 3, 12-5-17)

Editor's note— Ord. No. 1495-04, § 1, adopted July 6, 2004, repealed the former § 3.44.8, which pertained to parking and use of vehicles and recreational equipment and derived from Ord. No. 1173-94, § 27, adopted June 7, 1994.

Pharmacies, whether the primary or only use, or an ancillary use, are subject to the following requirements:

(a)

Definitions. The terms medicinal drugs, prescription, and compounding shall have the definitions prescribed as set forth in F.S. § 465.003, as may be amended.

(b)

Conditional use exemption. City Ordinance 1720-17 removed pharmacies as a personal service use, set forth a definition of pharmacy, and established the zoning districts where a pharmacy use could locate with conditional use approval. Any business that is licensed pursuant to F.S. ch. 465, and was approved by the city through a final development order or business tax receipt prior to the effective date of Ordinance 1720-17 (December 5, 2017), is permitted to continue operation without obtaining a conditional use and continue operation as a lawful nonconforming use if said business is located in a zoning district that does not allow pharmacy uses.

(c)

Application. In addition to the standard development approval application requirements and meeting all the requirements for a conditional use under this Land Development Code, an application for conditional use approval for a pharmacy shall:

(1)

Be a joint application by the property owner and the tenant, if the pharmacy and the property are not owned by the same person or entity;

(2)

Be accompanied by a lease or letter of intent identifying the specific use, if the pharmacy and the property are not owned by the same person; and

(3)

Provide proof to the city that the pharmacy business operator is authorized and licensed by the State of Florida, pursuant to F.S. ch. 465 as a pharmacy.

(d)

Other uses. Unless disclosed and authorized as part of a conditional use approval, the pharmacy shall be the only use permitted on the property if the pharmacy is located in a freestanding building or within the pharmacy tenant space if the center is part of a multi-tenant structure.

(e)

Performance standards and conditions. All pharmacies shall comply with the following standards, which may be further incorporated into conditions of approval:

(1)

The building within which a pharmacy is proposed must be at all times architecturally and aesthetically compatible with immediately adjacent buildings and development in the surrounding area, and shall have neutral coloring of not more than two complementary colors.

(2)

No pharmacy shall have drive-thru or drive-in service. All compounding, dispensing, or storing of medicinal drugs, and all sales and purchases of medicinal drugs, over-the-counter medications, and all other merchandise shall occur inside the pharmacy.

(3)

A pharmacy shall provide adequate seating for its customers and business invitees and shall not allow customers or business invitees to stand, sit (including in a parked car), or gather or loiter outside of any building where the pharmacy operates, including in any parking areas, sidewalks, rights-of-way, or neighboring properties for any period of time longer than that reasonably required to arrive and depart. The pharmacy shall post conspicuous signs stating that no loitering is allowed on the property.

(4)

A pharmacy shall meet all off-street parking requirements set forth in the Code for the general commercial establishments within the commercial parking category, and any parking demand created by the pharmacy shall not exceed the parking spaces located or allocated on-site.

(5)

Each application for a conditional use shall be accompanied by a conditional use concept plan incorporating the regulations established herein. The plan shall be drawn to scale indicating property lines, rights-of-way, and the location of buildings, parking areas, curb cuts and driveways, parking calculations and site lighting.

(6)

Other standards as may be necessary to ensure compatibility with the surrounding area.

(f)

Conditional use conditions. In addition to any other specific conditions set forth by the planning board in approving a conditional use application, all conditional use approvals for a pharmacy shall contain the following conditions:

(1)

The pharmacy shall not open without first obtaining all required licenses from the State of Florida, pursuant to F.S. ch. 465.

(2)

Prior to occupancy a pharmacy shall obtain all changes of use and changes of occupancy approvals as may be required for the proposed use.

(3)

No other activity or use of the premises shall occur except those specifically authorized as part of the pharmacy approval, which shall be listed in the conditions (such as retail activities, which may require an additional conditional use approval).

(4)

Conditional use approval for a pharmacy shall only be transferable to another pharmacy business operator if the new operator is licensed pursuant F.S. ch. 465 and if the transfer is approved by the city, pursuant to the transfer process provided in Land Development Code subsection 3.44.9(j).

(g)

Reserved.

(h)

Conditional use duration. A conditional use approval for pharmacy shall expire 12 months after approval if the use is not implemented, pursuant to the conditional use procedures set forth in division 4; otherwise, a conditional use approval shall remain valid for the duration of the business operation of the pharmacy, subject to the following:

(1)

Complete and continuous compliance with the conditions of approval, all state laws, and all licensing, permitting and operational requirements.

(2)

Sales and dispensing of medicinal drugs and over-the-counter medications shall be in full compliance with F.S. ch. 465.

(3)

The characteristics of the business and use impacts remain the same as set forth in the conditional use approval.

(i)

Revocation of conditional use approval. Any conditional use approval granted under this section shall be immediately terminated if any one or more of the following occur:

(1)

The pharmacy owner/operator or owner of the property upon which a pharmacy is located provides false or misleading information to the city;

(2)

Anyone on the premises knowingly dispenses, delivers, or otherwise transfers any medicinal drug to any person not having a prescription for the drug;

(3)

The pharmacy owner/operator fails to correct any city code violation or to otherwise provide an action plan to remedy the violation acceptable to the city within the timeframes and compliance deadline provided in the notice of violation;

(4)

The pharmacy owner/operator fails to correct any state law violation or address any warning in accordance with any corrective action plan required by the state within the timeframes and completion date the pharmacy owner/operator provided to the city;

(5)

The state license of the pharmacy expires or is revoked;

(6)

The pharmacy owner/operator fails to comply with all conditions set forth in the conditional use approval.

(j)

Transfer of pharmacy conditional use approval.

(1)

A conditional use approval for a pharmacy shall be transferable to another pharmacy licensed under F.S. ch. 465. In order to transfer the conditional use approval, the location, operation and characteristics of the pharmacy must in all aspects remain the same as set forth in the conditional use approval.

(2)

An application for a conditional use approval transfer, meeting the requirements of subsection 3.44.9(c), Land Development Code, shall be filed with the growth management director.

(3)

The application for a conditional use approval transfer shall be accompanied by a conditional use approval transfer fee in an amount equal to that of the fee for extensions of conditional use approvals.

(4)

If the transfer application meets the requirements of subsection 3.44.9(c), Land Development Code, and all other codes and ordinances of the city, the city shall approve the conditional use approval transfer.

(5)

A conditional use approval is particular only to the location and shall not be transferred to another location.

(6)

An attempt to transfer a conditional use approval either directly or indirectly in violation of this section is hereby declared void, and in that event the conditional use shall be deemed abandoned.

(Ord. No. 1720-17, § 3, 12-5-17)

Editor's note— Formerly § 3.44.9 was repealed by Ord. No. 1495-04, § 2, adopted July 6, 2004, which pertained to storage of vehicles or recreational equipment.

No building or structure shall be moved from one lot to another lot, or moved to another location on the same lot unless such building or structure or site on which building is to be located conforms to all of the applicable provisions of these zoning regulations and all other applicable regulations of the City of Altamonte Springs.

Essential services are allowable in any zoning district. Refer to the specific zoning district regulations to identify whether a conditional use hearing is required. Essential services are hereby defined and are limited to certain installations of water, sewer, gas, telephone and electrical systems such as substations, lift stations, and similar installations; provided, however: (1) that this subsection shall not be deemed to permit the location in a district of such installations as electric or gas generating plants, sewage treatment plants, water pumping or aeration facilities from which they would otherwise be prohibited, unless such facilities serve a subdivision recorded before the effective date of these zoning regulations, are intended to serve a subdivision approved under subdivision regulations in effect after the effective date of this Code, or are a part of an internal package system designed and intended to serve a single industrial or commercial use or complex; and (2) that this subsection shall not be deemed to permit the erection of structures for commercial activities such as sales of related merchandise or collection of bills in districts from which such activities would otherwise be prohibited.

(Ord. No. 1344-99, § 18, 12-5-2000)

Provision in the zoning district regulations that the sale of alcoholic beverages is permitted in any designated zoning district shall not in any way be deemed to limit, qualify or repeal any other existing city regulations or regulations of the State of Florida relating to the licensing, dispensing or sale of such beverages or the location of alcoholic beverage establishments.

3.44.12.1 Restrictions on location for sale. No liquor, beer or wine shall be sold within 300 feet of freestanding houses of worship or any duly accredited public or private school offering any grade from kindergarten through the 12th grade, except as provided herein. Alcoholic beverage establishment types are as defined section 1.2.1 of this Code.

(a)

Major alcoholic beverage establishments shall comply with the separation distance requirement from houses of worship and from all schools, whether freestanding or not. The separation requirement shall not apply for houses of worship which are not freestanding, such those located within multi-unit retail centers containing three or more separate commercial businesses suites or units, or projects under a common scheme of development.

(b)

Should a house of worship or school move to within 300 feet of an existing major alcoholic beverage establishment, the alcoholic beverage establishment shall be exempted from the separation distance requirement for the duration of its existence at that specific location.

(c)

Separation distance requirements shall not apply to restaurant establishments or to minor alcoholic beverage establishments with retail package sales of alcoholic beverages for solely off-site consumption.

3.44.12.2 Measurement of separation distances. The separation distance requirements of this section shall be measured in a direct line from the closest vertical building extremity of the alcoholic beverage establishment to the nearest lot line of the house of worship or school property. This distance shall be measured without regard to municipal boundaries. The applicant is responsible for demonstrating to the satisfaction of the city that the requirement is being met, and the city may require that a survey prepared and signed and sealed by a Florida licensed professional surveyor be furnished to document compliance with the separation requirements.

3.44.12.3 Hours of service, sale or consumption. No alcoholic beverages shall be sold or consumed or served or permitted to be sold, served or consumed in any place holding a beverage license or business tax receipt between the hours of 2:00 a.m. and 7:00 a.m.

3.44.12.4 Variances prohibited. Variances or waivers from the alcoholic beverage regulations contained within this section are prohibited.

(Ord. No. 1599-09, § 1, 3-3-09)

The following regulations shall apply to the location, design, construction and operation and maintenance of automotive service stations.

3.44.13.1 Setback requirements. Buildings, gasoline pumps, tanks, vents, pump islands and pump island canopies shall conform to setback requirements in the district in which the automotive service station is located; provided no such pumps, tanks, vents, pump islands, or pump island canopies shall be located closer than 25 feet to any side or rear property line.

3.44.13.2 Location of gas pumps. Gasoline pumps, vents, tanks, pump islands, and pump island canopies may be located no closer than 15 feet to the street property line; provided that if such fifteen-foot requirement is closer than setback requirements for the district in which the automotive service station is located, such service station appurtenances shall be removed before the property is converted to a use other than an automotive service station.

3.44.13.3 Location of storage tanks. Storage tanks shall be located below grade.

3.44.13.4 Location of pumps within a required setback. In districts where setbacks greater than 15 feet are required, no gasoline pumps, vents, tanks, pump islands, or pump island canopies shall be located at a fifteen-foot distance from the street right-of-way line until a legal instrument satisfactory to the city attorney has been prepared and recorded at the expense of the property owner or lessee, which instrument shall relieve the city of all costs of removal of such appurtenances and from any severance damages should the city acquire such right-of-way.

3.44.13.5 Curb breaks. The number of curb breaks for one automotive service station shall not exceed two for each 200 feet of street frontage, each break having a width of no more than 50 feet exclusive of transitions and located not closer than 25 feet to the right-of-way lines of any intersection. Curb breaks shall not be closer than ten feet to any other property line. There shall be a minimum distance of 20 feet between curb breaks. Clearance for curb breaks shall be obtained from the Florida Department of Transportation Office having jurisdiction before a building permit will be granted. On corner lots, corner protective devices of types and sizes sufficient to prevent ingress and egress of vehicles shall be installed prior to the issuance of any certificate of occupancy.

3.44.13.6 Buffer walls. Where lots to be used for automotive service stations abut on any property which is residentially zoned, there shall be a finished concrete block wall with a cap, or equivalent, on all property lines other than street lines. The wall shall be six feet in height, except that where the wall extends to within 15 feet of and at an angle to a street line no wall or other obstructions shall be permitted. Such wall shall be continuous and unpierced except that a wall along an alley line may have a three-foot opening which is closed by a solid gate when not in use. See Landscaping, section 6.1.12 of this Code for required landscaping performance criteria.

3.44.13.7 Outside storage and/or rental of vehicles. Outside storage and/or rental of trailers or other vehicles for hire shall be permitted only as a conditional use under the terms in applicable zoning districts. Site development plan approval is also required. There shall be no outside storage or display of merchandise except during hours of operation.

3.44.14.1 In addition to the setback requirements contained in the specific zoning districts, increased setbacks may be required to ensure a minimum of twenty-five-foot setback from the planned right-of-way line on the roads listed below. For purposes of this section, the planned right-of-way line shall be the farthest point from the center line of the road which is reflected in any plan or interlocal agreement approved or adopted by the city, Seminole County or the State of Florida for the particular location in question.

(1)

E. Altamonte Drive (S.R. 436)

(2)

W. Highway 436 (S.R. 436)

(3)

Palm Springs Road

(4)

Maitland Avenue (S.R. 427)

(5)

Longwood Avenue-Old Orlando Road (S.R. 427)

(6)

Douglas Road

(7)

Wymore Road

(8)

Montgomery Road

(9)

Forest City Road (S.R. 434)

(10)

Forest City Road (S.R. 431)

(11)

Central Parkway (Montgomery Road to Palm Springs Drive)

(12)

Sand Lake Road

(13)

Bunnell Road

(14)

Eden Park Road

(15)

Pearl Lake Causeway

(16)

Spring Valley Road

(17)

Magnolia Avenue

(18)

Hattaway Drive

(19)

Oranole Road

(20)

Spring Lake/O'Brien Road

NOTE: The "center line" of Central Parkway is defined as the north line of the South ¼ of Sections 10 and 11 of Township 21 South, Range 29 East.

3.44.14.2 Setbacks from other roads shall be set by inclusion of planned rights-of-way in the officially adopted plans of the State of Florida Department of Transportation (DOT), Seminole County or the City of Altamonte Springs or may be set by joint agreement with Seminole County and shall be enforced as if part of this ordinance on adoption by both the city and the county or state DOT.

3.44.14.3 Notwithstanding setback provisions for individual zoning districts, no permanent structures, required parking, accessory structures or any required improvements under the city's land development code may be placed within the setbacks established above.

3.44.14.4 Interim uses may be allowed in areas reserved for future road widening provided that such areas are not within an adopted work program of the city, county or state for the next five years and further provided that the owner agrees to indemnify the city from any liability and to remove any structures from the planned right-of-way in the event that the road widening does take place.

3.44.15.1 The screen must be so oriented that the picture is not visible from any existing or proposed major collector or arterial street.

3.44.15.2 Not more than two exits shall be provided to each access highway, but such exit may be suitably channelized to provide for right and left turns into the highway, and not more than one traffic lane shall be permitted for each traffic lane on the highway available to vehicles leaving the theater.

3.44.15.3 No entrance or exit on a state road or primary state maintained system shall be within 500 feet of its intersection with another major street.

3.44.15.4 Sufficient area shall be provided between highway rights-of-way and the viewing area to provide storage space for vehicles equal to not less than 25 percent of theater capacity and of that storage space so provided not less than ten percent of theater capacity shall be provided between the highway and the ticket booths. In all cases, sufficient storage space shall be provided so that vehicles will not back onto the traveled way of the highway. Storage area shall be calculated on the basis of one space per 25 lineal feet of storage lane.

3.44.15.5 An individual speaker shall be provided for each vehicle. All speakers shall be equipped with sufficient cord to permit the speaker to be placed inside the vehicle. Speakers must not be audible beyond the boundaries of the theater property lines.

No time-share use shall be approved as a conditional use or a permitted use which fails to meet the following requirements:

(a)

The planning board shall review and approve the proposed site plan to determine its effects on adjacent property and review the area of the site as it relates to city-wide open space and permanent residential areas, and recommend any conditions to ensure compatibility with the surrounding lands.

(b)

The planning board shall find the request to be consistent with the following:

(1)

No structure in an area, or individual units within a building, shall be utilized for time-share/interval ownership unless all structures in the area or individual units in a building are utilized on a time-share/interval ownership basis.

(2)

The use will not overburden public recreational facilities designed to serve the residential areas of the City of Altamonte Springs.

(3)

The property has direct access to arterial streets without going through local residential streets and use of local collector streets is not encouraged.

(4)

The time-share uses are located on a site which is physically separate from permanent residential uses by recreational amenities, major collector or arterial roadways, or open space.

3.44.17.1 School bus shelters and bicycle racks may be located in any district; no sign on such a structure shall exceed in size one and one-half square feet and there shall be no more than one sign. District setbacks are waived. Locations and setbacks shall be approved by the school board of Seminole County and the city engineer.

3.44.17.2 Bus stop benches may be located in any district; no sign on such a structure shall exceed in size one square foot, and there shall be no more than one sign. Locations and setbacks shall be approved by the city engineer.

3.44.17.3 Telephone booths may be located in any district. District setbacks are waive. Locations shall be approved by the city.

3.44.17.4 Mail and newspaper delivery boxes may be placed in accord with U.S. Post Office regulations, and are exempt from district setbacks.

3.44.17.5 Bus shelters other than school bus shelters may be erected in the city subject to the following conditions:

(a)

Bus shelters may be located in any commercial, industrial, office, and multifamily residential zoning district.

(b)

No bus shelter shall be erected on any public right-of-way without the prior authorization of the city engineer and the growth management director or their designees. Once such authorization is received the city shall issue a permit authorizing the construction of a bus shelter on a public right-of-way. All bus shelters shall be constructed in accordance with the Southern Standard Building Code as adopted by the city, and all of the following requirements:

(1)

Permits for use of right-of-way. Bus shelters shall conform to the encroachment requirements of F.S. ch. 337, and Section 14-20.003, Florida Administrative Code, as either is amended from time to time. A right-of-way utilization agreement acceptable to the city engineer or his designee shall be required prior to the issuance of any permit authorizing the construction of a bus shelter in a public right-of-way.

(2)

Any bus shelter erected on private property will be required to obtain a building permit. A site plan will be required showing the location of the proposed shelter and will be reviewed by the building official, city engineer and development manager.

(3)

Responsibilities of owners. Bus shelter owners shall be responsible for the maintenance of the shelter. No bus shelter shall be located in such a manner as to unreasonably interfere with the public use of a sidewalk or street.

(4)

Bus shelter safety. A minimum ground clearance of 18 inches shall be provided between walls and signs and the bus shelter floor.

(5)

Growth management's determination. In his review of applications to construct bus shelters on public right-of-ways, the growth management director or his designee, shall include consideration of the following factors:

i.

Purpose and intent. The purpose and intent and all of the requirements of this section;

ii.

Comprehensive plan. Whether the proposal is consistent with all applicable policies of City Plan 2005; and

iii.

Compatibility. The compatibility of the proposal with the surrounding land uses and the general character of the area, including such factors as height, bulk, scale, intensity, noise, drainage, lighting, appearance, etc.

NOTE: See section 3.42.15 for sign regulations pertaining to bus shelters.

(Ord. No. 1559-06, § 1, 12-5-06)

3.44.17.6. Outdoor vending equipment and machines. Vending machines, ice machines, propane tank storage bins and similar type machines and bins may be located to the exterior of the building and shall meet the following standards to be in an authorized location:

(a)

Ten feet from building doorways and entranceways;

(b)

Ten feet from building emergency exits;

(c)

A minimum four feet of clear area from any adjacent walkways shall be maintained at all times; and

(d)

No vending machine, ice machine or propane tank storage bins shall be located more than four feet from any adjacent building.

If any of these locational standards are not met, the city is authorized to require relocation or removal of the machines, bins or related equipment so as not to create a public safety hazard.

(Ord. No. 1559-06, § 1, 12-5-06)

3.44.18.1 Nonconforming lots of record.

(a)

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected, expanded, or altered on any single lot of record at the effective date of adoption or amendment of these zoning regulations, notwithstanding limitations imposed by other provisions of these zoning regulations. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the board of zoning appeals.

(b)

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the effective date of adoption or amendment of these zoning regulations, and if all or part of the lots do not meet the requirements established for lot width and for area, the lands involved shall be considered to be an undivided parcel for the purposes of these zoning regulations, and no portion of said parcel shall be used or divided in a manner which diminishes compliance with lot width and area requirements established herein, nor shall any division of any parcel be made which creates a lot with width or area below the requirements herein stated.

3.44.18.2 Side yard exceptions. Certain lots or plats approved by the city commission prior to the date of adoption of its 1973 Zoning Ordinance, or recorded prior to such date do not meet lot width requirements set forth herein. For such lots, and only for such lots, the following side yards are set forth:

3.44.19.1 Recreational equipment, commercial vehicles, signs or accessory structures placed in violation of this ordinance are specifically declared to be public nuisances and may be ordered impounded by the zoning official provided that the owner of the property on which such equipment, vehicles, signs or structures are located shall be given notice of the violation and intended action 24 hours prior to impoundment, and further provided that any additional requirements of state law are complied with. Notwithstanding such notice requirements, any equipment vehicle, sign or structure which poses an immediate hazard or is on public property, rights-of-way or easements, may be summarily impounded without such notice.

3.44.19.2 The city shall bill the property owner for costs of impoundment and may establish such impoundment fees by resolution as are necessary to cover city costs and deter violations of the applicable regulations. If the owner of the premises is not the owner of the property to be impounded, he may release the property to the city and shall not be liable for any costs. Otherwise all costs not paid within 30 days of the original impoundment shall be a lien against the parcel from which the property was impounded after a notice of lien is recorded by the city in the public records of Seminole County. The city may foreclose such lien, or bring a separate suit for the amount due. Included in the expenses recoverable by the city are the costs of filing the notice and legal expenses incurred in connection with the collection of the amount due hereunder.

3.44.20.1 Intent. Within the districts established by this zoning code or amendments that may later be adopted there may exist: (a) lots, (b) structures, (c) uses of land and structures, and (d) characteristics of use which were lawful before this zoning code was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this zoning code or future amendments. It is the intent of this zoning code to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this zoning code that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district, except as provided herein.

3.44.20.2 Repairs and maintenance:

(a)

On any nonconforming structure or portion of a structure and on any structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on incidental alterations for maintenance purposes, up to the extent of 20 percent of the current assessed valuation of the structure (or of the nonconforming portion of the structure if a nonconforming portion of a structure is involved), provided that in a building or structure which is nonconforming as to use, no structural alterations shall be made except those required by law or authorized by the board of zoning appeals. In authorizing any such alterations, the board may establish a reasonable period of time within which the use of the building or structure must come into conformity with applicable regulations.

(b)

Except as authorized by the board of zoning appeals and subject to such reasonable conditions as may be imposed by such board, no nonresidential nonconforming structure and no residential nonconforming structure located within an activity center which has been damaged by fire or other causes to the extent of more than 50 percent of its assessed value (exclusive of foundations) at the time of such damage shall be repaired, rebuilt or used except in conformity with the provisions of this ordinance.

(c)

Residential nonconforming structures located outside activity centers which have been damaged by fire or other causes to the extent of more than 50 percent of assessed value (exclusive of foundations) at the time of such damage may be repaired, rebuilt and used up to the density existing immediately prior to said damage having occurred upon receipt of written approval by the zoning administrator upon a showing of and compliance with the following:

(1)

An application to repair, rebuild, and use the structure is submitted to the zoning administrator within 90 days of the damage having occurred;

(2)

The application is accompanied by the following exhibits:

a.

The property owner's name and address, proof of ownership, and the legal description of the property;

b.

An affidavit executed before a notary public under penalty of perjury attesting to the use and density existing at the time the damage occurred;

c.

Sealed, as built plans of the structure(s) existing at the time the damage occurred or other clear and convincing evidence from which pre-existing density can clearly be determined;

d.

A site development plan which conforms to article IV which shall illustrate the location and extent of all proposed construction and which conforms with all applicable land development regulations and site improvement requirements as well as the comprehensive plan; and

e.

Architectural renderings which illustrate that the structure(s) will continue or enhance the property's compatibility with the character of the area.

(3)

All such applications shall be evaluated by the development review committee which shall make recommendations to the zoning administrator as to compliance with this section and the need for possible modifications and reasonable conditions.

(4)

Any person aggrieved by a decision of the zoning administrator under this section may appeal the decision pursuant to section 3.4.1.2.4 within 15 days of rendition of the decision in writing by the zoning administrator.

3.44.20.3 Extension of nonconforming use. A nonconforming use or structure shall not be extended, except that permission to extend the use to any portion of a building or lot which portion was arranged or designed for such nonconforming use at the time of the effective date of these regulations may be granted by the board of zoning appeals. No other extension, enlargement, reconstruction or relocation of a nonconforming structure shall be made except:

(a)

So as to conform with the use and dimensional regulations provided for herein; or

(b)

With the approval of the zoning administrator, a nonconforming structure may be altered so as to decrease such nonconformity.

3.44.20.4 Abandonment or discontinuance of use:

(a)

Any nonconforming use that is discontinued for any period of time with the intent to abandon such use shall not thereafter be reinstated, and subsequent use of such land and/or building shall be in conformity with these regulations. The intent to abandon may be presumed from the removal of equipment, structure or other aspects of such nonconforming use from the property.

(b)

Whenever a nonconforming use has been changed to a more restrictive or a conforming use, or has been discontinued for 12 consecutive months (regardless of intent to abandon), no nonconforming use shall thereafter be resumed.

3.44.20.5 Miscellaneous provisions:

(a)

Any use or structure which was permitted by conditional use or variance shall not be deemed a nonconforming use or structure as those terms are used in this section.

(b)

No unlawful use of property or structures existing at the effective date of this chapter shall be entitled to any of the benefits or exceptions applicable to nonconforming uses or structures.

(c)

Only buildings or structures for which a building permit has been obtained, and construction has been diligently prosecuted, will be allowed to continue construction as a nonconforming use or structure. Failure to complete work in accordance with the permit or within approved time limits shall void any claim to nonconforming rights.

3.44.20.6 Changes in use:

(a)

Except as provided below, a nonconforming use may be changed only to a use permitted in the district in which it is located. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.

(b)

The director of growth management may grant a change of use from one nonconforming use to another nonconforming use which is equally or more restrictive or more compatible with the surrounding area. However, such change of use or occupancy shall not tend to prolong the life of the original nonconforming use, and the city may establish a period of time within which the use of the building and/or land is to return to a conforming use. A petition for a change in use pursuant to this section shall be submitted to the director of growth management.

(Ord. No. 1173-94, § 27, 6-7-94)

3.44.21.1 The uses permitted within the shopping center will be those allowed as permitted uses within the general commercial zoning district. The uses should be architecturally unified, providing space for tenants that are selected and managed as a unit for the benefit of all tenants.

3.44.21.2 Criteria and guidelines for shopping centers. The following guidelines/criteria are required to be met when submitting a conditional use application:

(a)

Site area: The shopping center site area shall be a minimum of five acres and a minimum depth of 300 feet.

(b)

Gross leasable area: Gross leasable area for a shopping center facility shall be between 50,100 square feet to 300,000 square feet GLA and should include at least one anchor store.

(c)

Setbacks: A minimum setback of 25 feet shall be provided from any perimeter lot line. Development shall not be permitted within this setback, except for sidewalks, bicycle paths and/or landscaping as required by article IV, Site plans.

(d)

Access: All points of access shall be to a public street. No public street shall be located within a shopping center development. The main access/entrance to the shopping center shall require a ten-foot landscaped median.

(e)

Out parcels: Out parcels within the shopping center shall be restricted in number and in size. Out parcels shall be limited to the following criteria:

(1)

Any shopping center site shall be limited to one out parcel for every 500 feet of frontage onto an arterial roadway.

(2)

Only internal access from the site to out parcels shall be allowed. Direct access from a major roadway will be prohibited.

(3)

Out parcels must be incorporated into the parking plan, and where possible, share parking facilities.

(4)

The property shall not be subdivided prior to the shopping center approval to avoid compliance with this subsection.

3.44.21.3 Plan requirements: An application for a conditional use approval for a shopping center shall contain the following information on the conceptual plan:

(1)

Location map and legal description of the property.

(2)

A site plan drawn at a scale of at least one inch equals 100 feet including the following:

a.

Location of all parcel lines, dimensions, and easements.

b.

Location and dimensions of each building. Include the square footage of each business type (retail, business service, professional service, storage areas, etc.).

c.

Layout of the circulation plan including: all ingress and egress locations and typical cross-section, location of driving lanes; layout of all off-street parking and total number of parking spaces; location of pedestrian ways and walkways, loading and unloading zones; location and size of buffer walls and signage; and location of curbs.

d.

A topographic map of the site at contour intervals not to exceed two-foot intervals, and prepared by a registered surveyor.

e.

A landscaping and tree planting plan indicating the dimensions of the landscaped areas, the location, height, and planting materials used. Also, indicate the location, height, and materials used for any proposed fences, walkways, buffer walls, and other man-made landscape features.

f.

Conceptual stormwater management plan.

g.

Conceptual potable, reclaim, and wastewater plan and connection location.

h.

Sector plan: All applications for shopping centers outside the regional business center and areawide developments of regional impact (DRI's) shall be required where properties and/or projects are of the magnitude and size as follows:

1.

DRI applications are required for properties and/or projects that meet or exceed the DRI thresholds found in Chapter 380.06, Developments of Regional Impact, Florida State Statutes.

2.

Nonresidential projects greater than 150,000 square feet are required to submit a sector plan (see section 3.44.24, Sector plan).

3.44.21.4 Modification of an approved conceptual use plan. The growth management director can authorize a minor modification to an approved shopping center concept plan provided the following criteria are met:

(a)

The proposed change to the approved site plan must not increase the gross floor area ratio by ten percent or 1,000 square feet, whichever is less.

(b)

The proposed change must not adversely affect the traffic circulation on or off the site.

(c)

The proposed change must not adversely affect the provision of water and wastewater.

(d)

The proposed change must conform to all other regulations of the City of Altamonte Springs, and must not require a variance from the approved site.

Open air retail sales are the outside sale of goods and services that would include, but not be limited to the following: Farmers markets, on-site sidewalk sales, fruit and vegetable sales, and sales of agricultural products typically associated with a holiday such as Christmas tree sales or pumpkin sales.

3.44.22.1 Prohibited uses. Open air sales are prohibited on premises being used as an automobile service station and in multifamily developments.

3.44.22.2 Permitted uses:

3.44.22.2.1 Open air sales. Open air sales are permitted subject to the following:

a.

The location of the open air sale shall be in approved commercially zoned areas of C-G, MOC-1, MOC-2, MOC-3, PUD-MO, PUD-COM, and in other areas as approved by the director of growth management or designee. Open air sales may be permitted in other zoned areas when approved by the director of growth management or designee, if the following conditions exist:

1.

The open air sale will consist only of sales of Christmas trees, pumpkins or other agricultural products customarily associated with a specific holiday; and

2.

The proposed location is such that it is determined by the city to be appropriate for temporary retail sale of agricultural products customarily associated with a specific holiday despite the lack of C-G, MOC-1, MOC-2, MOC-3, PUD-MO, or PUD-COM zoning; and

3.

The proposed location and activity is set forth in a manner that the impact to neighboring properties is negligible, including noise levels, lighting, traffic volume and hours of operations; and

4.

Sales are only permitted up to 30 days prior to any holiday and subject to the other limitations contained in 3.44.22.2 including a limitation on the total number of days within a calendar year.

b.

Submission of written notarized permission from the property owner.

c.

If the proposed open air sale is on a developed parcel, use of any parking spaces required for the existing development for the proposed open air sale shall not be permitted. Parking requirements for the proposed open air sale, whether on a developed or vacant parcel, shall be based on current Land Development Code parking regulations. Exception: Where the applicant for an open air sale permit can clearly demonstrate that the provided required parking spaces can accommodate the open air sale activity and the existing development demand, the growth management director or designee is authorized to approve up to 25 percent of the required spaces being temporarily allocated for the open air sale activity. This granting of this exception is solely at the discretion of the growth management director or designee based on the adequacy of the justification provided by the applicant.

d.

The maximum number of open air sales per development site or undeveloped parcel during the calendar year is four. The maximum cumulative time limit for open air sales per development site or undeveloped parcel shall be 30 days for each calendar year. The one year calendar year period shall start on January 1 ^st .

e.

Minimum setbacks shall be 50 feet from property lines adjacent to State Road 436 and State Road 434 and 25 feet from all other property lines.

f.

A permit from the building/fire safety division shall be required along with payment of the required fee. The permit application shall demonstrate compliance with and shall contain:

1.

All items required in section 3.44.22; and

2.

A plan indicating setbacks, proper ingress and egress, proper vehicular circulation, parking, lighting, curb cuts, stop signs, turning movements, stop bars, traffic control signage, source of electric service, restroom accommodations, storage, site topography, existing or proposed structures and/or tents, accessible access, stabilization material of the driving surfaces, signage or other attention getting devices and hours of operations; and

3.

An itemized list of items intended for sale, along with a list of proposed inventory. (The sale of illegal or unlawful items, or items defined as a high-hazard group H occupancy as defined in the Florida Building Code are prohibited and the wholesale of any product is prohibited.)

4.

Other documentation as requested by the city in order to assure safe and legal operation of the open air sale activity.

g.

A business tax receipt from the city clerk's office shall be required.

h.

An open air sale permit and compliance with section 3.44.22.2 is not required for open air sale events authorized by the city and occurring at a city park property or on certain city right-of-way within the regional business center - core east activity center.

i.

An activity receiving an approved special event permit which contains open air sales as a clearly ancillary activity (such as food sales, arcade activities and the like) within the special event activity shall be exempt from the permit provisions of 3.44.22, however, the criteria and standards of 3.44.22 shall be met. Further, open air sales shall not be classified as a special event in order to avoid compliance with the provisions of 3.44.22.

j.

Open air sales on vacant parcels shall be on a minimum parcel size of at least one acre and be limited to the sale of Christmas trees, pumpkins, or other agricultural products typically associated with a holiday.

k.

Open air sales on developed sites shall be on a minimum parcel size of at least ten acres. Exceptions:

1.

Open air sales of Christmas trees, pumpkins or agricultural products typically associated with a holiday, shall be on developed sites at least two acres in size.

2.

Open air sales directly related to the on-site commercial activities associated with the existing development shall be on developed sites at least two acres in size.

l.

Open air sales shall be permitted one double-faced sign not to exceed 32 square feet per face. No V-shaped signs shall be permitted.

m.

In addition to the provisions required for open air sales, cart and wagon food sales shall be permitted on developed sites subject to all of the following additional conditions:

1.

Wagons or carts shall not be permitted to be stored on or sell from within the public right-of-way; and

2.

Locations shall not impede vehicular or pedestrian traffic; and

3.

Shall only have one sign on each side of the cart or wagon not exceeding eight square feet; and

4.

Cart or wagon food sales are not subject to the maximum operation limitation of 30 days in a calendar year. Approved cart or wagon food sales may operate year round; and

5.

Cart or wagon food sales shall be for on- or near-premises consumption or the food product shall be delivered in a condition of readiness which would permit immediate consumption; and

6.

Locations shall be approved by the growth management director or his/her designee. In approving a proposed location, the growth management director or designee shall consider:

i.

Relationship to public improvements; and

ii.

Relationship to streetscape; and

ii.

Operating hours; and

iv.

Pedestrian access; and

v.

Vehicular traffic flow; and

vi.

Other safety, location or operating features.

7.

The provisions of this section shall not prohibit, regulate or require an open air sale permit for mobile food vehicles serving construction sites with active building permits; and

8.

Food trucks shall be not be regulated under this section but shall be regulated under section 24-15 of the Code of Ordinances.

3.44.22.2.2 Garage sales/yard sales:

a.

Shall be limited to residential areas, a maximum of four consecutive days, no more than two times a year (12 consecutive months beginning January 1 ^st of each year);

b.

Shall be permitted to have no more than one double-faced sign not to exceed six square feet per face located on subject property;

c.

No off-site garage sale signs shall be permitted or allowed (including directional or advertisement).

(Ord. No. 1173-94, § 27, 6-7-94; Ord. No. 1565-07, § 5, 2-6-07; Ord. No. 1709-16, § 2, 12-6-16)

Standards for site selection of community residential homes, as defined in article I, Definitions, are as follows and pursuant to F.S. ch. 419:

3.44.23.1 Minimum distance between facilities:

a.

Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family unit and a noncommercial, residential use for the purpose of local laws and ordinances, and shall be permitted in a single-family or multifamily zoning district, or in a residential planned unit development provided that such homes shall not be located within a radius of 1,000 feet of another existing home with six or fewer residents.

b.

Community residential homes with seven or more residents in a multifamily zoning district or commercial planned unit development shall not be located within a radius of 1,200 feet of another existing community residential home in a multifamily zone or within a radius of 500 feet of a single-family zoning district.

c.

All distance requirements in this section shall be measured from the nearest property line of the existing home or zoning district boundary to the nearest property line of the proposed home.

(Ord. No. 1617-09, § 6, 12-1-09)

3.44.23.2 Notification and submission requirements:

a.

Community residential homes in multifamily zoning districts. When a site for a community residential home has been selected in a multifamily zoning district, the sponsoring agency shall notify the growth management director (as designee of the chief executive officer of the City of Altamonte Springs) in writing and include in such notice the following:

1.

Address and legal description of the site.

2.

The residential licensing category.

3.

Number of residents.

4.

Community support requirements of the program.

5.

Statement from the licensing entity indicating the licensing status of the proposed community residential home and specifying how the home meets applicable licensing criteria for the safe care and supervision of the clients in the home. The sponsoring agency shall also provide to the City of Altamonte Springs the most recently published data compiled from the licensing entities that identifies all community residential homes within the city. The city shall review the notification of the sponsoring agency in accordance with the zoning regulations and any other applicable requirements of this Code.

b.

Homes with six or fewer residents which otherwise meet the definition of a community residential home shall not be required to comply with the notification provisions of this section; provided, however, that prior to licensure, the sponsoring agency provides the city with the most recently published data of community residential homes complied from the licensing entities in order to show that no other community residential home is within a radius of 1,000 feet of the proposed home with six or fewer residents. The sponsoring agency must notify the city at the time of home occupancy that the home is licensed by the licensing entity.

c.

A city business tax receipt is required for all community residential homes. As part of the business tax receipt review, the applicant shall submit to the planning and development division of the growth management department any other information (e.g., surveys, plats, drawings, etc.) as may be necessary to enable the city to determine whether or not the proposed siting of the community residential home will comply with all applicable zoning regulations.

(Ord. No. 1344-99, § 18, 12-5-00; Ord. No. 1617-09, § 6, 12-1-09)

3.44.23.3 Other requirements; exclusions:

a.

If an existing structure is to be used for a community residential home, the appearance of the structure must be or remain in keeping with surrounding residences.

b.

Nothing in this section shall be deemed to affect the authority of any community residential home lawfully established prior to October 1, 1989, to continue to operate as approved.

c.

Nothing in this section shall be deemed to infer that a community residential home is exempt from compliance with the requirements of the Florida Fire Prevention Code and Florida Building Code.

(Ord. No. 1617-09, § 6, 12-1-09)

3.44.23.4 Review procedures:

a.

The city shall have 60 days to review the notification of the community residential home sponsoring agency in accordance with the land development code. If the city fails to respond within 60 days, the sponsoring agency may establish the home at the site selected.

b.

Denial of the siting of the community residential home. If any proposed community residential home does not conform with the provisions of any applicable zoning regulation or rule, the siting of the home shall be disapproved; and the applicant notified in writing of the reasons for the disapproval. The siting of the home at the site selected may be denied for the following reasons:

1.

Does not otherwise conform to existing zoning regulations applicable to other multifamily uses in the area.

2.

Does not meet applicable licensing criteria established and determined by the licensing entity, including requirements that the home be located to assure the safe care and supervision of all clients in the home.

3.

Would result in such a concentration of community residential homes in the area in proximity to the site selected, or would result in a combination of such homes with other residences, such that the nature and character of the area would be substantially altered. A home that is located within a radius of 1,200 feet of another existing community residential home in a multifamily zoning district shall be an overconcentration of such homes that substantially alters the nature and character of the area. A home that is located within a radius of 500 feet of a single-family zoning district substantially alters the nature and character of the area.

c.

Appeals. If agreed to by both the City of Altamonte Springs and the sponsoring agency, a conflict may be resolved through informal mediation. The city shall arrange for the services of an independent mediator or may utilize for the mediation process established by the East Central Florida Regional Planning Council (ECFRPC) pursuant to F.S. § 186.509. Mediation shall be concluded within 45 days of a request therefor. The resolution of any issue through the mediation process shall not alter any person's right to a judicial determination under statutory or common law.

(Ord. No. 1344-99, § 18, 12-5-00; Ord. No. 1617-09, § 6, 12-1-09)

Sector plans (for properties outside the regional business center) and/or areawide developments of regional impact (DRI's) shall be required where properties and/or projects are of the magnitude and size as follows:

(a)

DRI applications are required for properties and projects that meet or exceed the DRI thresholds found in F.S. ch. 380.06, Developments of Regional Impact.

(b)

Residential projects greater than 1,000 units and nonresidential projects greater than 150,000 square feet are required to submit a sector plan.

3.44.24.1 Sector plan criteria.

(a)

Sector plans will contain the following information:

1.

Review of existing conditions including a socioeconomic overview to characterize the area; existing land use; existing transportation system(s); and infrastructure.

2.

Development concepts including development and land use patterns; land use concepts and consistency with comprehensive plan(s); development constraints and opportunities; major planning considerations; development concept; factors affecting development; services and facilities needs; and land use performance standards.

3.

Implementation schedule and recommendations including implementation and recommendations for capital improvements.

(b)

The traffic impact analysis shall be prepared by a qualified traffic engineer.

The city has the ability to reduce on-site development requirements for projects that qualify as: (1) affordable housing; (2) redevelopment in activity centers; (3) infill development inside activity centers; (4) infill development outside activity centers; and (5) project renovations requiring city approvals or permits when determined not be contrary to the general public interest of the citizens of the city and when same reduces development costs:

(1)

Lot size;

(2)

Lot coverage;

(3)

Yard regulations (setbacks);

(4)

Parking;

(5)

Buffer yards and tree replacement.

(Ord. No. 1565-07, § 6, 2-6-07)

The Animal Control Ordinance of Seminole County, Florida, Parts 2 and 3, "Animal control", chapter 20, "Animals and fowl" Seminole County Code is hereby adopted in its entirety.

3.44.26.1 Animal regulation. It shall be unlawful to keep, maintain or raise in any residential (R-1AAA, R-1AA, R-1A, R-1, R-2, R-3, R-4, R-M, PUD-Residential, MOR-1, MOR-2, MOR-3,) district in the city the following animals:

(a)

Ungulates. Any Artiodactyla (even-toed) or Perissodactyla (odd-toed) Ungulate, including, but not limited to, animals in the genus Bos (cows), all species; Equus (horses), all species; Sus (pigs), all species; Ovis (sheep), all species and Capra (goats), all species.

(b)

Poultry. Any animal belonging to the family Phasianidae or family Anatidae, all species, including, but not limited to, chickens, roosters, turkeys, peacocks, geese and ducks.

(c)

Dangerous animals. Any dangerous animal as defined in section 1.2.1 of the Land Development Code of the City of Altamonte Springs, Florida.

(d)

Venomous reptiles.

3.44.26.2 Exception. Section 3.44.26.1 is not intended to apply and it is an exception to the provisions of this division regarding the keeping of prohibited animals if:

(a)

The prohibited animals are being kept at a zoological park or animal shelter licensed and operating in accordance with the Code of Ordinances and Land Development Code of Altamonte Springs, Florida; or

(b)

The prohibited animals are trained guard animals or trained law enforcement animals, and are maintained by a law enforcement agency and used exclusively by the law enforcement agency in fulfilling its duties; or

(c)

The prohibited animals are hens (poultry) belonging to an approved permittee in the city's backyard chicken program for the keeping of hens, as required by section 3.44.26.4 below.

3.44.26.3 Variances.

3.44.26.3.1 Procedures. In specific cases a variance from the terms of these zoning regulations as would not be contrary to the public interest may be granted, where, owing to special conditions, a literal enforcement of the provisions of 3.44.26 et seq. concerning the keeping maintaining and raising of animals would result in unnecessary and undue hardship. A variance from the terms of these zoning regulations shall not be granted until a public hearing is held before the board of zoning appeals utilizing the procedures set forth in sections 3.4.1.2.2 through 3.4.1.2.5 and 3.4.1.3.2 of the Land Development Code of the City of Altamonte Springs.

3.44.26.3.2 Public hearing before the board of zoning appeals. A written petition for a variance or other action shall be submitted by the property owner, or his designated agent (by power of attorney) to the land development division. Such petition shall be accompanied by all pertinent information required for proper consideration and the applicant shall demonstrate at the public hearing to the satisfaction of the board of zoning appeals that the following conditions exist to secure a variance:

a.

That the property on which the property owner desires to keep, maintain or raise an animal prohibited under the land development code is a lot of one acre or more.

b.

The animal(s) the property owner proposes to keep, maintain or raise are fully vaccinated against infectious and contagious disease, regardless of whether required by law, and are not currently infected with any disease.

c.

That the species and number of animals the property owner proposes to keep, maintain or raise are consistent with the size of the land.

3.44.26.4 Backyard chicken program. Any persons keeping hens as an accessory to an occupied single-family detached dwelling may do so only when in strict compliance with the following regulations:

(a)

Permit required. A backyard chicken permit (hereinafter "permit") is required for the keeping of chickens. The permit is personal to the permittee and may not be assigned. If the person applying for the permit is not the fee simple owner of the subject property, the fee simple owner must provide owner notarized authorization and consent to the application, and agree to comply with the regulations contained within this section. Further, it is not intended that this program interfere with, abrogate or annul any private agreement between parties, such as a homeowner's association, covenants or other agreement applicable to a property. Property owners subject to a mandatory homeowner's association shall submit authorization to participate in this program with their application.

(b)

Number of hens. Upon receiving a permit from the city, no less than three, and a maximum of four hens, may be kept at an occupied single-family detached residence. Chickens are not allowed at unoccupied single-family detached residences, attached single-family residences, duplex, triplex, townhome, multi-family properties, community gardens, schools or any other uses.

(c)

Hens only. Ducks, geese, turkeys, peafowl, male chickens/roosters, or any other poultry or fowl are not allowed.

(d)

Coop security. Chickens must be secured within a covered chicken coop or fenced pen/run area at all times and are not allowed to run at large upon any public properties or off the premises of the owner. However, chickens may be allowed within a fenced backyard area under the immediate supervision of the permittee for limited periods of time for purposes of socializing, interaction and cleaning of the coop and/or run. The coop and pen/run area must be completely secured from all sides by hardware cloth or similar material. Chicken wire shall not be used.

(e)

Cleanliness/nuisances. The coop and pen/run area must be cleaned regularly and kept free of insects and rodents. Odors from chickens, chicken manure, or other items associated with the keeping of chickens must not be perceptible beyond the property boundaries. Chickens must not be permitted to create a nuisance consisting of noise, odors, or pests, or contribute to any other nuisance condition.

(f)

Pest-proofing. No manure may be allowed to accumulate on the floor of the coop, pen, run or ground. All feed and other items associated with the keeping of chickens that are likely to attract or become infested with rodents or other pests shall be kept in a rodent and pest-proof container. For properties located in the Seminole County Urban Bear Management Area, feed, coops, and runs must be secured and chickens protected from bears in accordance with the Florida Fish and Wildlife Conservation Commission guidelines for "Living with Florida Black Bears." All outdoor attractants must be secured. If electric fencing is utilized, it may only be installed around the coop, pen, and run and not along the property lines or anywhere else on the property.

(g)

For personal use only. Chickens must be kept for personal use only. Selling chickens, eggs, feathers, chicken manure, or the breeding of chickens is prohibited. Chickens may not be slaughtered on-premises.

(h)

Backyard coop location and development requirements. Coops permitted by the backyard chicken program are to be located according to the following development standards:

i.

A maximum of one chicken coop and pen shall be permitted on a lot with an occupied single-family detached residence.

ii.

Chicken coops and pens shall be located in a rear yard, behind the house and placed no closer than seven feet from the rear property line. No coop or pen shall be located in the front or required side yard setback of the applicable zoning district, and may be no closer than seven feet from the side property lines regardless of the zoning district side yard setback requirement. Coops shall not be located in any easement.

iii.

On double frontage lots, through lots or corner lots, chicken coops shall not be located in the front yards, but may be located in one but not both of the side yards, subject to compliance with the setback requirements.

iv.

Coops, pens and runs must be located a minimum of 20 feet from any neighboring property's residential structure, including accessory structures for the housing of persons. No setback is required for coops from other types of accessory structures.

v.

The maximum size of a coop and pen shall be 100 square feet. Coops and pens may have an attached run of up to 50 square feet. No coop or pen shall be greater than eight feet in height. The coop and pen must be tied down for wind resistance to 129 mph. Coops and pens 100 square feet or less shall not require a building permit.

vi.

The applicant for a permit must submit the following and demonstrate compliance with the requirements of this subsection: photos of the proposed site for the coop, pen, and run areas; a dimensioned survey or site plan of the subject property showing the proposed location; plans of the coop and pen; and, proof of successful completion of a University of Florida Agricultural Extension Service class or an equivalent class approved by an extension agent.

vii.

The city may apply reasonable conditions regarding any backyard chicken permit based on the circumstances of the site, surrounding uses, past performance of the applicant, and whether the applicant can meet the requirements of the backyard chicken program.

viii.

No permit shall be issued for the backyard chicken program for any property with outstanding code violations.

(i)

Right of entry to inspect. A condition of the permit shall be that the owner and tenant agree to allow an inspection of the coop, pen, and yard area by a city employee to ensure compliance with the above standards and the conditions of the permit. A request to conduct an inspection must be accommodated by the owner and tenant within 72 hours of notification to the owner or tenant, or posting the inspection request on the property. A failure of the owner or tenant to allow an inspection of the coop and yard within 72 hours is cause for revocation of the permit.

(j)

Violations and penalties. Violation of the backyard chicken program by persons in possession of the backyard chicken program permit shall be a Class I civil infraction. Persons keeping chickens without a permit from the city shall be a Class II civil infraction. Both the Class I and Class II civil infractions shall be subject to the penalties set forth in article 11, "Alternative Enforcement," of chapter 3, "Code Enforcement," of the Altamonte Springs Code of Ordinances.

(k)

Permit fees. The fee for the backyard chicken program permit will be set by resolution of the Altamonte Springs City Commission.

(l)

Revocation. Notwithstanding the above, the city may revoke a permit for non-compliance with the program or for any public health reason, at the building and fire safety department director's discretion, in consultation with the growth management director.

(Ord. No. 1173-94, § 27, 6-7-94; Ord. No. 1794-23, § 2, 5-16-23)

Home occupations are to be conducted entirely within a dwelling unit, and are subject to all of the following regulations and limitations:

(a)

No person other than members of the family residing on the premises shall be engaged in such occupation.

(b)

Home occupations shall be limited to office use only and preclude outdoor storage and vehicle parking caused by the home occupation.

(c)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall under no circumstances change the residential character thereof.

(d)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation.

(e)

No home occupation shall be conducted in any accessory building.

(f)

No home occupation shall occupy more than 20 percent of the first-floor area of the residence, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. No rooms which have been constructed as an addition to the residence, nor any attached porch or garage which has been converted into living quarters, shall be considered as floor area for the purpose of this definition until two years after the date of completion thereof, as shown by the records of the city building and life safety services division.

(g)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

(h)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.

(i)

The following shall not be considered home occupations: Beauty shops, barber shops, band instrument or dance instruction, swimming instruction, studio for group instructions, public dining facility or tearoom, antique or gift shop, photographic studio, fortune-telling or similar activity, outdoor repair, food processing, retail sales, nursery school, kindergarten, or the giving of group instruction of any type. Medical marijuana treatment centers (including dispensing facilities), and non-medical/recreational marijuana uses are specifically prohibited as a home occupation.

(j)

A home occupation may include the giving of individual instruction to one person at a time such as an art or piano teacher; however, individual instruction as a home occupation for those activities listed in subparagraph (i) above shall be prohibited.

(k)

Fabrication of articles such as are commonly classified under the terms arts and handicrafts may be deemed a home occupation, subject to the other terms and conditions of this definition, and providing no retail sales are made at the home.

(l)

A home occupation shall obtain a business tax receipt.

(Ord. No. 1344-99, § 18, 12-5-00; Ord. No. 1565-07, § 7, 2-6-07; Ord. No. 1690-15, § 3, 12-1-15; Ord. No. 1720-17, § 3, 12-5-17)

The drive-thru facility design criteria herein shall apply to all drive-thru facilities throughout the city. A drive-thru facility includes all components of a drive-thru, including, but not necessarily limited to, the service window(s), menu board(s), and vehicle aisles.

3.44.28.1 New drive-thru facilities. New drive-thru facilities will be allowed as accessory to a principal use in those zoning districts where they are listed as a permitted or conditional use, provided the design of the facility complies with the following specific criteria:

a.

In all cases, drive-thru facilities, including service window(s), menu board(s), and vehicle aisles shall not be placed between the right-of-way and the associated building.

b.

Drive-thru windows for banks, drugstores, and other uses without menu boards shall be located at the rear of a building, and shall be located in a manner where they cannot be seen from the public rights-of-way.

c.

Drive-thru facilities for restaurants and other uses that utilize a menu board shall be required to have the menu board located at the rear of the building and be located in a manner where it cannot be seen from public rights-of-way. The drive-thru window may be located on the side of a building, and the drive-thru window lane exit area shall be screened from the right-of-way with a landscape island at the facility exit to screen the drive-thru lane and window. Drive-thru facilities on either side of a building that are visible to pass-by traffic shall be screened by a five-foot wide landscape buffer of a length to cover the entire drive-thru stacking area.

d.

Alternate locations for drive-thru windows or menu boards may be considered by the DRC on a case-by-case basis if the location furthers the intent of this section.

e.

A permanent covered porte-cochere type structure, other than awning/canvas type structure(s), shall be installed to extend the width of the drive-thru and covering the service window(s). Such structure shall be integrated structurally and architecturally into the design of the building and shall be the same as the rest of the building elements that the drive-thru use serves.

f.

Drive-thru facilities shall not be allowed as freestanding buildings separate from the principal building, except for automated teller machine (ATM) kiosks.

g.

A minimum stacking lane distance of 100 feet shall be provided for each service window. Additional stacking lane distance shall be provided beyond the minimum if warranted by the specific use, as determined by the project's traffic impact analysis, the DRC, and the planning board. Stacking lanes shall be designed so that waiting vehicles do not extend into travel lanes or drive aisles, and the stacking measurement shall begin at the service window. Stacking lanes shall be designed to allow waiting motorists to exit to a bypass lane before reaching the service window, provided space is available on the subject property for such a site design.

h.

Drive-thrus shall also comply with the requirements of any applicable activity center design guidelines or other design guidelines adopted by the city.

i.

A proposed preliminary sketch plan shall be submitted to the growth management department. The purpose of the sketch is to show the physical connection to the proposed building and drive-thru lanes with surrounding public right-of-ways and adjacent building, and to determine compliance with the specific design requirements listed herein. This review will occur prior to any site plan applications being submitted to the city.

3.44.28.2 Addition or remodeling to add a drive-thru facility. If a current use is remodeled or redeveloped that intends to add a drive-thru use, then, as many of the above standards shall be met as is practically possible, as determined by the DRC and planning board. Alternate designs shall be explored to reduce the visual impact as much as possible from public rights-of-way. Design features such as cross-access, internal circulation with other uses with the overall project, and pedestrian connections to other adjacent uses shall be incorporated.

3.44.28.3 Drive-thru facilities within the MOC-3 district. Within the MOC-3 zoning district, only projects that have an overall mixed-use project pursuant to division 20 of this article will be eligible to have drive-thru uses. At least one other tenant space or use not related or inside the drive-thru affiliated use shall be required as a physically connected structure to the drive-thru use. Exceptions to the above requirements may be allowed pursuant to section 3.44.28.2 for additions or remodeling.

(Ord. No. 1491-03, § 2, 3-2-04)