Apopka City Zoning Code
ARTICLE 4
USE REGULATIONS
SECTION 4.1.- GENERAL PROVISIONS
Sec. 4.2, Principal Uses, identifies land uses allowed as the principal uses in the various zoning districts and sets out the special standards that apply to a number of the allowable principal uses. Sec. 4.3 Accessory Uses and Structures, identifies land uses and structures commonly allowed as accessory to principal uses, sets out general standards applicable to all accessory uses and structures, and sets out special standards that apply to particular accessory uses and structures. Sec. 4.4, Temporary Uses and Structures, identifies land uses or structures allowed on a temporary basis, sets out general standards applicable to all temporary uses and structures, and sets out special standards that apply to particular temporary uses and structures.
4.2.1. - General
A.
Purpose. The purpose of this section is to authorize the establishment and continuation of land uses that are allowed as the primary use(s) of a parcel—i.e., principal uses. This section identifies the zoning districts in which such principal uses are allowed, identifies what type of permit or review is required to establish them, and sets out any special standards applicable to particular principal uses. This section is also intended to establish a hierarchy for organizing principal uses that reflects functional relationships among the various principal uses and that, in conjunction with Sec. 10.3.1, Principal Use Classification System, makes it easier to determine whether a particular proposed use is allowable as a principal use in a particular zoning district.
B.
Organization and Applicability. Sec. 4.2.2, Principal Use Table, contains Table 4.2.2.C: Principal Use Table, that lists allowable principal uses and shows whether each use is permitted or prohibited within the various zoning districts, as well as the type of permit or approval by which the use may be allowed. Sec. 4.2.3, Standards Specific to Principal Uses, sets forth standards applicable to specific principal uses regardless of the zoning district in which they are allowed or the review procedure by which they are approved, unless expressly stated to the contrary. These standards may be modified by other applicable requirements in this LDC.
4.2.2. - Principal Use Table
A.
Structure of the Principal Use Table
1.
Organization and Classification of Principal Uses. Table 4.2.2.C: Principal Use Table, organizes allowable principal uses with the following hierarchy of use classifications:
a.
Use Classifications. Use classifications are very broad and general (e.g., Rural and Agricultural Uses, Residential Uses, Public, Civic, and Institutional Uses, Commercial Uses, and Industrial Uses).
b.
Use Categories. Use categories represent major subgroups of the use classifications that have common functional, product, or physical characteristics, such as the type and amount of activity, type of occupants or users/customers, or operational characteristics. For example, the Commercial Use Classification is divided into multiple use categories, including Eating or Drinking Establishments and Visitor Accommodation Uses.
c.
Use Types. Use Types identify specific principal land uses whose characteristics are considered to fall within the various use categories. For example, bank or other financial institution and consumer goods establishment use types within the Retail Sales and Service Use Category. Each use type is defined in Sec. 10.3.1, Principal Use Classification System. Classifying principal uses in this manner provides a systematic basis for determining whether a particular land use not expressly listed should be considered a form or example of a listed principal use, and for addressing future additions to the Principal Use Tables.
2.
Description of Use Classification System. See Sec. 10.3.1, Principal Use Classification System, for a description of the use classification system and Sec. 10.3.2, Interpretation of Unlisted Uses and Zoning District Boundaries, for the procedures for using the system to interpret unlisted uses.
3.
Designation of Principal Uses in Table 4.2.2.C: Principal Use Table. Table 4.2.2.C: Principal Use Table, uses the following abbreviations to designate whether and how a principal use is allowed in a particular zoning district:
4.
Reference to Use-Specific Standards. A particular use category or use type allowable as a principal use in a zoning district may be subject to additional standards that are specific to the particular use. The applicability of such use-specific standards is noted in the last column of Table 4.2.2.C: Principal Use Table, ("Use-Specific Standards") through a reference to standards in Sec. 4.2.3, Standards Specific to Principal Uses.
B.
Multiple Principal Uses. A development may include a single principal use with one or more accessory uses that are customarily incidental and subordinate to the principal use (e.g., home occupation as accessory to a dwelling, or administrative offices as accessory to a school, retail sales, or manufacturing use). A development may also include multiple principal uses, none of which is necessarily customarily incidental or subordinate to another principal use (e.g., a place of worship combined with a school, a gas station combined with a convenience store, restaurant, or automotive repair use, or a flex building housing retail, industrial service, and warehousing tenants). A development with multiple principal uses shall include only those principal uses designated in Table: 4.2.2.C: Principal Use Table as allowed in the applicable zoning district, and each principal use shall be subject to any use-specific standards applicable to the use.
C.
Principal Use Table
(Ord. No. 2745, § 5, 1-15-2020; Ord. No. 2775, § IV, 7-15-2020; Ord. No. 2805, § VI, 11-18-2020; Ord. No. 2877, § IX, 12-15-2021; Ord. No. 2882, § I, 12-15-2021; Ord. No. 2884, § I, 12-15-2021; Ord. No. 2925, § II, 5-18-2022; Ord. No. 3021, § V, 9-20-2023; Ord. No. 3075, § II(Exh. A), 11-6-2024)
4.2.3. - Standards Specific to Principal Uses
A.
General
B.
Agricultural Uses
1.
Agricultural/Forestry Uses
a.
Apiaries. An apiary shall be located a minimum of 200 feet from any property line.
b.
Community Garden
1.
Accessory buildings shall be limited to sheds for the storage of tools, greenhouses, and seasonal farm stands. The combined area of all buildings and other structures shall not exceed 15 percent of the parcel area.
2.
Areas used for communal composting shall be limited to ten percent of the parcel area.
3.
Perimeter fences, including trellises, are allowed in community gardens, subject to the standards in Sec. 5.6, Fences and Walls.
4.
Before a community garden is issued a permit, the community garden shall have an established set of operating rules addressing the governance structure of the garden, hours of operation, assignment of garden plots, and maintenance and security requirements and responsibilities.
c.
Keeping horses or ponies. A structure for the keeping of horses or ponies including but not limited to a livestock barn stable, shall be located a minimum of 100 feet from any property line.
d.
Equestrian center. An equestrian center shall be located a minimum of 100 feet from any property line.
e.
Riding stable. A riding stable shall be located a minimum of 100 feet from any property line.
2.
Open Space Uses
a.
Cemetery
1.
A cemetery shall comply with all applicable state and federal regulations regarding the licensing and operation of cemeteries.
2.
A cemetery shall be located on a site with an area of at least one acre.
3.
A cemetery shall have direct vehicular access to and from an arterial or collector street. Any vehicular access to or from any local street, shall be located and designed to inhibit its regular use.
4.
A cemetery shall include adequate space for the parking and maneuvering of funeral processions.
5.
Buildings shall be set back at least 25 feet from property lines.
6.
If a cemetery is combined with a funeral home or mortuary, the combined uses shall comply with the standards (including districts where permitted) applicable to each component use.
C.
Residential Uses
1.
Household Living Uses
a.
All household living uses. All residential developments shall include an entrance feature complementary to and in keeping with the character and scale of the proposed development. Entrance features shall be provided at both primary and secondary entrances and shall contain signage that complies with the standards of this LDC. The major component of the entrance features shall be supplemental landscaping materials with appropriate irrigation systems, but other treatments may also be utilized. Entrance features shall be reviewed and approved by the DRC and the City Council during review of the final development plan.
b.
Accessory Dwelling Unit (ADU)
1.
Zoning District. A property owner may request approval to allow one accessory dwelling unit in the following districts:
(a)
MU-D, Downtown district.
(b)
AG, Agriculture (minimum one-acre).
(c)
RCE, Residential Country Estate (minimum one-acre).
(d)
RSF-1A, Residential Single-Family—Estate (one-acre minimum).
2.
Existing Development on Lot. A single-family dwelling shall exist on the lot or will be constructed in conjunction with the ADU. The ADU is treated as a second principal use on the lot.
3.
Location. The ADU may be attached to or detached from the principal dwelling.
4.
Size. The ADU shall have a maximum gross floor area of 500 square feet in the MU-D zoning district, and 1,000 square feet in the AG, RCE or RSF-1A zoning districts.
5.
Owner Occupancy Required; Declaration of Restrictions. The property owner shall occupy either the principal structure or the ADU. Prior to the issuance of a building permit for construction of an ADU, an applicant shall record in the public records of Orange County a declaration of restrictions containing a reference to the legal description of the property and the deed under which the property was conveyed to the present owner stating that:
(a)
The ADU shall not be sold or conveyed separate from the principal residence;
(b)
The ADU is restricted to the approved size;
(c)
The use permit for the ADU shall be in effect only so long as either the principal residence or the ADU is occupied by the owner of record as their principal residence;
(d)
The declarations shall run with the land, shall be binding upon any successor in ownership of the property and that noncompliance shall be cause for code enforcement and/or revocation of the conditional use permit;
(e)
The deed restrictions shall only be removed with the express, written approval of the City, but shall lapse upon removal of the accessory unit; and
(f)
The ADU shall not be used for commercial purposes other than being leased for residential purposes.
6.
Number per Lot or Parcel. Only one ADU shall be allowed for each lot or parcel.
7.
Setbacks. The ADU shall meet the front, side and rear yard regulations for the zoning district in which it is located.
8.
A mobile home or similar off-site constructed dwelling unit shall not be used as an ADU.
c.
Dwelling, live-work
1.
The residential portion of the building shall not occupy over 60 percent of the gross floor area.
2.
The nonresidential portion of the building shall comply with all applicable nonresidential building code requirements.
3.
Employees shall be limited to occupants of the residential portion of the building plus up to three persons not residing in the residential portion.
4.
Drive-through facilities are prohibited.
5.
Any nonresidential off-street parking shall be located as far as practicable from existing adjacent single-family detached dwellings.
d.
Dwelling, mobile home
1.
Mobile home dwellings shall be located on a permanent foundation and anchoring, consistent with the requirements of state law and the F.A.C.
2.
Mobile home dwellings must be permanently enclosed underfloor.
3.
All equipment related to the transportation of the mobile home dwelling shall be removed.
4.
Mobile home dwellings shall be at least 20 feet wide.
5.
Mobile home dwelling unit may be allowed in AG, Agricultural Zoning Districts, as the primary dwelling unit on parcels with a minimum of five acres.
e.
Dwelling, single-family
1.
Subdivisions with more than 20 single-family dwelling units shall include a neighborhood "pocket park" within the development. Pocket parks shall be provided at the rate of one park for every 100 units or less, and shall be sized as follows:
(a)
20—25 units: the equivalent of one lot
(b)
26—50 units: the equivalent of 1.5 lots
(c)
51—75 units: the equivalent of two lots
(d)
76—100 units: the equivalent of 2.5 lots
(e)
Developments with more than 100 units shall provide the required number of parks, sized based on the increments listed above.
Each park shall provide both passive and active recreational opportunities. If a development is proposed to be phased, the required park shall be constructed in the phase in which the need is originally generated. Parks are to be constructed prior to 25 percent "build-out" of any subdivision or phase. If more than one park is required, the developer may request that the City Council consider the aggregation of all or a portion of the required parks into one or more larger parks.
2.
Single-family subdivisions shall provide a community outdoor swimming pool with bathroom facilities for every 250 dwelling units (e.g. 250 units = one pool, 500 units = 2 pools). A splash pad with bathroom facilities may be substituted for a single pool with DRC-Development Review Committee approval. Land for the pool and surrounding area may be counted toward compliance with the requirement of subsection d.1., above.
3.
In addition, subdivisions with 250 or more single-family dwelling units shall provide one of the following recreation amenities for every 50 dwelling units above 250:
(a)
Tennis court;
(b)
Other outdoor sports facility (racquetball, pickleball, basketball, shuffleboard, bocce, or similar facility), in multiples or combination at least equal to the size of a tennis court;
(c)
Playground or tot lot;
(d)
Outdoor fitness stations; or
(e)
Picnic or rest area with shaded shelter;
Subdivisions required to provide more than one facility shall provide a variety of the options above, or a potential equivalent as approved by the DRC-Development Review committee. Subdivisions with 500 or more single-family detached dwelling units may substitute a second pool or splash pad (f) for three required recreation amenities. Land used for this subsection may be counted toward compliance with the requirement of subsection d.1., above.
4.
No more than 75 percent of the lots in a residential subdivision shall be 50 feet or less in width. The remaining lots shall be a minimum of 65 feet in width. Any increase or decrease in lot width or percentage may be accepted, denied or accepted with conditions of the plan by the City Council. Justifications by the applicant may depend on surrounding land use, existing development patterns or other land use factors including (but not limited to) utilities, roads, development intensity or environmental factors.
5.
Single-family dwellings where 80 percent of the land is considered "golf course frontage" may propose to convert screen rooms that existed on March 6, 2019 to glass "sun rooms" or "Florida Rooms" by requesting and receiving approval as a special exception permit in accordance with Sec. 2.5.1.G, Special Exception Permit and the following conditions. (For the purposes of this section "golf course frontage" shall mean that portion of the rear of the lot that abuts a golf course. "Golf course" shall include the tee-box, fairway, rough area, out of bounds area and putting green.)
(a)
Proposals for construction of other types of home additions into the established setbacks are considered inconsistent with the implied and explicit intent of this subsection.
(b)
In addition to public notification required by Sec. 2.5.1.G, Special Exception Permit, written notification shall be provided a minimum of 14 calendar days before the public hearing to surrounding property owners who may be impacted by a reduction in the rear yard requirement, including all properties which have visual access to the subject property's rear lot line (i.e., homes located on the opposite side of a golf course.)
(c)
The applicant shall notify and receive approval of the proposed changes from the entity managing the golf course and any homeowners association of which the home is a member.
(d)
The rear yard setback shall be a minimum of ten feet from the rear lot line or the internal boundary of any easement on the lot (whichever is greater).
(e)
The type of exterior material and architectural style (siding, colors, roofing material) of any addition shall be the same as that of the principal building.
(f)
The construction of any portion of any structure that extends into the reduced setback shall be undertaken in a manner which results in an exterior facade comprised of a minimum of 60 percent of transparent glass, exclusive of the roof.
(g)
The maximum height shall not exceed that of the principal building.
(h)
The proposed addition shall comply with all applicable building code requirements.
f.
Dwelling, two-family (duplex)
1.
Subdivisions with 20 two-family (duplex) dwelling units or more shall include a neighborhood "pocket park" within the development. Pocket parks shall be provided at the rate of one park for every 100 units or less and shall be sized as follows:
(a)
20—25 units: the equivalent of 0.5 lot
(b)
26—50 units: the equivalent of 0.75 lot
(c)
51—75 units: the equivalent of one lot
(d)
76—100 units: the equivalent of 1.25 lots
(e)
Developments with more than 100 units shall provide the required number of parks, sized based on the increments listed above.
2.
Each park shall provide both passive and active recreational opportunities. If a development is proposed to be phased, the required parks shall be constructed in the phases in which the need is originally generated. Parks are to be constructed prior to 25 percent "build-out" of any subdivision or phase. If more than one park is required, the developer may request that City Council consider the aggregation of all or a portion of the required parks into one or more larger parks.
3.
Subdivisions with 75 two-family (duplex) dwelling units shall provide a community outdoor swimming pool. Land for the pool and surrounding area may be counted toward the requirement of subsection e.(a) , above.
4.
Subdivisions with 100 or more two-family (duplex) dwelling units shall provide one of the following recreation amenities for every 25 dwelling units above 75:
(a)
Tennis court;
(b)
Other outdoor sports facility (racquetball, pickleball, basketball, shuffleboard, bocce, or similar), in multiples or combination at least equal to the size of a tennis court'
(c)
Playground or tot lot;
(d)
Outdoor fitness stations; or
(e)
Picnic or rest area with shaded shelter;
Subdivisions required to provide more than one facility shall provide a variety of the options above. Subdivisions with150 or more two-family (duplex) dwelling units may substitute a second pool for three required recreation amenities. Land used for this subsection may be counted toward compliance with the requirement of subsection e.(a) , above.
g.
Multi-Family Developments
1.
Multi-family development such as apartments or condominiums with 20 dwelling units or more shall include a neighborhood "pocket park" within the development. Pocket parks shall be provided at the rate of one park for every 100 units or less and shall be sized as follows:
(a)
20—25 units: the equivalent of 0.25 acre
(b)
26—50 units: the equivalent of 0.50 acre
(c)
51—75 units: the equivalent of 0.75 acre
(d)
76—100 units: the equivalent of 1.00 acre
(e)
Developments with more than 100 units shall provide the required number of parks, sized based on the increments listed above.
2.
Each park shall provide both passive and active recreational opportunities. If a development is proposed to be phased, the required parks shall be constructed in the phases in which the need is originally generated. Parks are to be constructed prior to 25 percent "build-out" of any multi-family development or phase. If more than one park is required, the developer may request that City Council consider the aggregation of all or a portion of the required parks into one or more larger parks.
3.
Multi-family developments with 76 dwelling units or more shall provide a community outdoor swimming pool. Land for the pool and surrounding area may be counted toward the requirement of subsection 1.(e), above.
4.
In addition, subdivisions with 100 or more multi-family dwelling units shall provide one of the following recreation amenities for every 25 dwelling units above 76:
(a)
Tennis court;
(b)
Other outdoor sports facility (racquetball, pickle ball, basketball, shuffleboard, bocce, or similar), in multiples or combination at least equal to the size of a tennis court.
(c)
Playground or tot lot;
(d)
Outdoor fitness stations; or
(e)
Picnic or rest area with shaded shelter;
Multi-family developments required to provide more than one facility shall provide a variety of the options above. Multi-family developments with150 or more dwelling units may substitute a second pool for three required recreation amenities. Land used for this subsection may be counted toward compliance with the requirement of subsection 1.(e), above.
Variations of recreational amenities may be proposed by a developer with approval from the Development Review Committee and City Council.
h.
Backyard chickens. Subject to the following standards and conditions, chickens shall be permitted to be raised or kept only on a lot or parcel with a single-family detached residence or mobile home, upon the issuance of a single-permit per parcel by the Community Development Director pursuant to Sec. 2.5.4.G, Backyard Chickens Permit. and payment of an administrative fee as established by Resolution of the City Council. A tenant of a single-family detached residence or mobile home may apply for a single-permit, subject to the written consent of the property owner.
1.
Definitions. For the purposes of this subsection 4.2.3.C.1.h, the following terms and words have the following meaning:
Chicken means the female of a type of domesticated fowl of the species Gallus gallus domesitcus.
Chicken coop means a covered enclosure designed for roosting of chickens that provides ventilation and protection from drafts, sunlight, the effects of weather, and predators.
Pen area means an area around the chicken coop used by chickens for exercising and foraging.
2.
Application Requirements. An applicant shall comply with the following requirements:
(a)
Training Class and Application. An applicant shall attend and successfully complete the University of Florida Institute of Food and Agricultural Sciences (UF/IFAS) Extension Orange County Backyard Chicken Training Class and present a signed certificate of completion of that class to the Community Development Director, along with the applicant's completed application and any other information required by the Community Development Department as part of the process for application for a permit.
(b)
Site Plan. An applicant shall submit a site plan to the Community Development Department for the chicken coop and pen area. The chicken coop and pen area shall meet the following requirements:
(1)
The chicken coop and pen area shall be designed and constructed to protect the chickens from natural predators and domestic pets by being fully enclosed with welded wire mesh, hardware cloth, or other material of similar strength. Chicken wire fencing shall not be used. Additionally, the enclosure material shall be buried at least 12 inches to obstruct or deter digging predators.
(2)
The chicken coop and pen area shall be tied down to the ground for wind resistance.
(3)
The maximum size of the chicken coop and pen area together shall be 100 square feet. The minimum size of the chicken coop shall be four square feet per chicken. The minimum size of the pen area shall be ten square feet per chicken.
(4)
The maximum height of the chicken coop and pen area shall be six feet, as measured from the existing grade to the highest part of the chicken coop or pen area.
(5)
The chicken coop and pen area shall be located only in the rear yard (not in a side yard, side street yard, or the front yard) and be set back a minimum of 15 feet from any side or side street property boundary; a minimum of ten feet from the rear property boundary, any wetlands, upland buffers, berms, swales, conservation areas, and platted development right tracts; and 50 feet from any normal high-water elevation.
(6)
The chicken coop and pen area shall be cleaned regularly to foster healthy chickens; to prevent attracting insects and other vermin; to avoid objectionable odors detectable beyond the property line; and to comply with the requirements in Section 5-42 of the Orange County Code, as accepted by Section 14-1, Code of Ordinances, City of Apopka, entitled Nuisance Animals, which prohibits owners or keepers of domestic animals from permitting or allowing animals to engage in certain prohibited behaviors. Repairs to the pen area and chicken coop shall be made as necessary to ensure safety for chickens and caretakers.
(7)
Opaque fencing or vegetation shall exist or be installed to match the height of the chicken coop or pen area, whichever height is greater, to serve as a visual barrier for neighboring properties. The maximum height of the fencing or vegetation shall be six feet.
(c)
Posting of Notice. Upon issuance of a permit, the permittee shall post a sign provided by the Community Development Department on their property for a period of at least seven days informing neighboring property owners of the permit.
(d)
Consent of Property Owner. If the applicant is a tenant, a written statement from the property owner shall be provided with the application providing the owner's consent for the application and the placement of backyard chickens on the subject property.
3.
Number of Chickens. A maximum number of four chickens is permitted.
4.
Care, Maintenance, and Disposal of Chickens.
(a)
Food and Water. Chickens shall have access to food and water at all times. Feed shall be distributed in a rodent-proof feeder. Feed shall be stored in a covered metal or plastic rodent and wildlife-proof container.
(b)
Housing and Custody. Chickens shall be housed at all times within the chicken coop or pen area, except they may be removed from the chicken coop or pen area by a resident of the single-family residence or mobile home, provided the resident keeps them under their continuous custody and control on the property while they are outside the chicken coop or pen area.
(c)
Waste Materials. Composting of manure produced by chickens, including soiled bedding materials, is allowed in an enclosed bin. Any compost bin that contains chicken manure or soiled bedding materials shall be kept a minimum of 20 feet from the property's boundary. Waste materials (feed, manure and litter) that are not composted shall be discarded in a sealed bag and placed in a residential garbage container for pick-up by waste collection services.
(d)
Purpose of Keeping Chickens. Chickens shall be kept for the purpose of producing eggs for consumption on the property only. Chickens, their eggs, feathers and manure shall not be sold. In addition, chickens shall not be bred; slaughtered, except as provided in Section 828.05, Florida Statutes, as may be amended from time to time, and any other applicable laws for the humane and proficient destruction of injured or diseased animals; or consumed.
(e)
Transfer of Chickens. Any permit holder who decides to cease keeping any chicken shall relocate that chicken to a farm or agribusiness that is licensed or otherwise permitted to accept chickens, or to another City of Apopka resident who has a valid permit in good standing and whose property is in compliance with the requirements of this subsection. Chickens shall not be taken to the Orange County Animal Services Division or released into the wild.
(f)
Disposal of Deceased Chickens. Permit holders shall dispose of deceased chickens in compliance with the requirements of Section 823.041, Florida Statutes, and Section 62-701.520(5)(a) and (c), Florida Administrative Code, as either or both may be applicable or amended from time to time.
5.
Additional Terms and Conditions for Permits.
(a)
Non-transferable Nature of Permits. Permits are personal to the permittee as owner or tenant of the subject property and are not transferable.
(b)
Property Covenants and Restrictions. Nothing herein shall be construed or interpreted to mean that the chickens are permitted where private covenants or restrictions prohibit such use, or where rules promulgated under such covenants and restrictions prohibit such use.
(c)
Noncompliance. The failure to comply with any of the standards and conditions set forth above may result in the revocation of a permit, and may be enforced by issuance of a notice of violation or civil citation. In the event that a permit is revoked, the owner shall relocate the chickens, within 15 days, to a farm or agribusiness that is licensed or otherwise permitted to accept chickens, or to another City of Apopka resident who has a valid permit in good standing and whose property is in compliance with the requirements of this subsection. Chickens shall not be taken to the Orange County Animal Services Division or released into the wild. Upon revocation of a permit, the permittee shall not be eligible to apply for another permit for a period of two years.
(d)
Right of Entry Onto Private Property; Revocation of Permit. By applying for a permit under this subsection, the applicant grants authorized employees and agents of the City, upon reasonable notice, a right of entry upon the exterior of the property to determine whether the standards and conditions of this section are being satisfied; and the City the right to revoke a permit upon a determination of noncompliance with this subsection. To that end, any code enforcement officer shall be immune from prosecution, civil or criminal, for reasonable, good-faith trespass upon private property while in the discharge of responsibilities under this subsection.
6.
Prohibited Farm Animals. It shall be unlawful for any person to keep, harbor, breed or maintain upon any premises not zoned for agricultural use any of the following: bees, roosters, turkeys, ducks, geese, pigeons, quail, peafowl, peacocks, horses, ponies, cattle, goats, sheep, pigs, or other livestock or fowl.
7.
Effective period. This subsection allowing chickens on a lot or parcel is a permitted program and shall remain in effect unless repealed. If this subsection is repealed, the chickens, along with the chicken coop and pen area shall be removed from the lot or parcel within ten years after the date of such repeal.
2.
Group Living Uses
a.
All Group Living Uses. Any group living use subject to approval of a special exception permit in accordance with Sec. 2.5.1.G, Special Exception Permit, shall comply with the following standards, in addition to those required for approval of a special exception permit.
1.
In general:
(a)
The facility shall conform to all applicable building and fire codes and ordinances whether federal, state, county or City.
(b)
The facility shall comply with all applicable laws of the Florida Department of Health and Rehabilitative Services.
(c)
The facility shall comply with to all applicable requirements of this LDC, the City Code of Ordinances, and all applicable City licensing requirements.
(d)
The facility shall comply with Ch. 419, Fla. Stat., including notice requirements.
2.
The external appearance of all structures and the building site on which the facility is located shall be consistent with the general character of the district in which it is located. Exterior building materials, building bulk, landscaping, fences and walls, parking areas, and general design of the facility shall all be visually and functionally compatible with the surrounding uses.
3.
The facility shall not be occupied by any person who has been convicted of, entered a plea of guilty or nolo contendere to, or has been found guilty by reason of insanity of a forcible felony under Ch. 776, Fla. Stat., a felony of the second degree under Ch. 800, Fla. Stat., or any of the sex offenses set forth under Ch. 794, Fla. Stat., regardless of whether an adjudication of guilt on imposition of sentence was suspended, deferred, or withheld.
4.
Signage shall comply with Sec. 5.10, Signs.
5.
Dining, living, and sleeping room areas shall conform to all applicable requirements established and determined by the Department of Health and Rehabilitative Services.
6.
Distance between locations shall conform with the following standards:
(a)
A facility in a Residential district shall be a minimum of 1,500 feet from any other such facility.
(b)
A facility in a Nonresidential district shall be a minimum of 1,500 feet from any other such facility adjacent to or located within a Residential district, and a minimum of 300 feet from a facility located in a Nonresidential district.
(c)
For the purposes of this requirement, distance measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest property line of the subject facility to the nearest property line of the other facility.
7.
Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be allowed in a single-family or multifamily zone district and treated for development review purposes like a single family home, provided the home is not located within a radius of 1,000 feet of another existing community residential home with six or fewer residents, or is not located within a radius of 1,200 feet of another existing community residential home. Such homes with six or fewer residents are not required to comply with the notification provisions of Ch. 419, Fla. Stat. if, before licensure, the sponsoring agency provides the City with the most recently published data compiled from the licensing entities as defined in Ch. 419, Fla. Stat, that identifies all community residential homes within the City in order to show the proposed use complies with the distance requirements of this subsection and state law.
b.
Adult foster home. Operation of an adult foster home shall comply with all relevant State and federal laws.
c.
Continuing care retirement community
1.
Age restrictions on community residents shall comply with the federal Fair Housing Act.
2.
The number of nursing care beds shall not be more than 20 percent of the total number of permitted dwelling units.
3.
The community may include retail commercial uses as ancillary to the principal residential and healthcare uses.
4.
A minimum of 20 percent of the community's land area shall be devoted to outdoor open space, indoor or outdoor recreation facilities, and indoor or outdoor social-oriented amenities, including community centers. Such areas shall be located so as to be safely and conveniently accessible to community residents.
5.
Each outdoor area intended for active recreation shall have a minimum area of 5,000 square feet and minimum dimension of 50 feet.
6.
Nursing homes and assisted living facilities may be allowed as a special exception in the commercial land use category and consistent with the Land Development Code, with a maximum intensity of 2.0 FAR. Shall be the primary use and a stand-alone development.
D.
Public, Civic, and Institutional Uses
1.
Communication Uses
a.
Wireless telecommunications tower. Wireless telecommunications towers shall comply with Chapter 75, Article II, Telecommunications Towers, Communications Antennas and Associated Equipment, of the Code of Ordinances.
2.
Community Service Uses
a.
Adult day care. Operation of an adult day care shall comply with all relevant State and federal laws.
b.
Child care facility
1.
A child care facility shall have an outdoor play area that complies with the following standards:
(a)
The area shall include a minimum of 75 square feet per child.
(b)
The area shall include a fence that is at least three and one-half feet in height that completely encloses the play area, that is designed so all persons entering the play area are within direct line of sight from the child care facility classroom areas
(c)
The area shall not locate play equipment within the required yard setback.
2.
Parking areas and vehicular circulation patterns shall comply with the following standards:
(a)
Design shall enhance the safety of children as they arrive at and leave the facility.
(b)
A designated pickup and delivery area, providing at least one parking space for every 20 children shall be located adjacent to the childcare facility in such a way that children do not have to cross vehicular traffic to enter or exit the facility.
3.
No outdoor play activities shall be conducted after 8:00 p.m.
4.
If located on the site of a place of worship, the facility is allowed as an accessory use only if the use is compatible with adjacent land uses in terms of hours of operation, noise, lighting, parking, traffic impacts, and similar considerations.
5.
If located on the site of a Public, Civic, and Institutional or Commercial use, as an accessory use, it shall not exceed 20 percent of the floor area of the principal use.
6.
It shall comply with all applicable State and federal laws.
7.
If the child care facility is required to receive approval of a special exception permit in accordance with Sec. 2.5.1.G, Special Exception Permit, it shall comply with the following standards in addition to the requirements for approval of a special exception permit:
(a)
The facility shall comply with all applicable State and federal laws.
(b)
The facility shall be compatible with and similar in character and scale to surrounding land uses.
(c)
The maximum number of children to attend the facility shall be limited by applicable Florida Statutes and in Residential districts by the number of persons per household, as projected in the Apopka Comprehensive Plan and the maximum number of dwellings per acre permitted in the Future Land Use District in which the proposed site is located, whichever is lower
c.
Place of Worship
1.
A place of worship shall have access onto an arterial or collector street.
2.
An accessory child care facility shall comply with the standards for a child care facility. (See Sec. 4.2.3.D.2.b, Child care facility).
3.
A place of worship located in the Mixed Use-Downtown (MU-D) district shall have a building area of at least 5,000 sf.
4.
The City Council shall have the authority to grant modifications to any of the standards listed in this section in order to eliminate a substantial burden on religious exercise as guaranteed by the federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. Sec. 2000, as amended. In granting such a modification, the City Council may require conditions consistent with the federal act that will secure substantially the objectives of the modified standard and that will substantially mitigate any potential adverse impact on the environment or on adjacent properties.
3.
Health Care Uses
a.
Hospital. A hospital shall comply with the following standards:
1.
Be located on at least three acres of land.
2.
Have direct vehicular access onto an arterial street, or provide adequate ingress and egress to the site as determined by the DRC.
3.
Have a minimum street frontage of 200 feet.
4.
Design vehicular access, circulation systems, and exterior signage to provide safe and separate emergency vehicle access to the hospital, with minimal conflicts with other vehicular or pedestrian traffic in the area.
5.
Locate principal structures at least 100 feet from any property line.
b.
Nursing home facility. A nursing home facility shall comply with the following standards:
1.
Have direct vehicular access to and from an arterial or collector street. Any vehicular access to or from any local street, shall be located and designed to inhibit its regular use.
2.
Include security provisions (e.g., fencing) that restricts patients from leaving the property without authorization.
3.
Comply with all applicable State laws regarding licensing and operation.
4.
Nursing homes and assisted living facilities may be allowed as a special exception in the commercial land use category and consistent with the Land Development Code, with a maximum intensity of 2.0 FAR. Shall be the primary use and a stand-alone development.
4.
Transportation Uses
a.
Airport
1.
The land area proposed for the airport shall be sufficient to meet Federal Aviation Administration (FAA) requirements for the class of facility proposed.
2.
There shall be no existing or proposed flight obstructions located outside the site that falls within the approach zone to any runway or landing area.
3.
Airport runways shall be located at least 200 feet from any property line of the site.
4.
Where located within 500 feet of any existing residential development or Residential district, an adequate buffer is provided along any property line to ensure the airport does not adversely impact the residential uses.
b.
Heliport. A heliport shall comply with the following standards:
1.
Provide adequate land area for take-off and landing to ensure public safety in accordance with FAA standards.
2.
Where located within 500 feet of an existing residential development or Residential district, provide an adequate buffer along the property line to ensure the heliport does not create adverse noise, site, and aesthetic impacts to the residential uses.
c.
Parking facility (as a principle use)
1.
Parking of motor vehicles shall be the primary use of the facility. Except as otherwise expressly provided in this LDC, no other business shall be conducted in the parking facility—including, but not limited to, repair, servicing, washing, or display of vehicles, or storage of goods.
2.
A parking facility shall not be located contiguous to a single-family residential development or zoning district.
5.
Utility Uses
a.
Utility facility, major. A major utility facility shall be set back 100 feet from all property lines.
E.
Commercial Uses
1.
Adult Uses. Adult uses shall comply with Chapter 10, Article III, Adult Entertainment Code, of the Code of Ordinances.
2.
Animal Care Uses
a.
Kennel
1.
Those parts of structures in which animals are boarded shall be fully enclosed and sufficiently insulated so no unreasonable noise or odor can be detected off the premises.
2.
All boarded animals shall be kept within a totally enclosed part of the structure between the hours of 8:00 p.m. and 8:00 a.m.
3.
Any open exercise runs or pens shall be at least 50 feet from any lot line, with a Type D perimeter buffer provided between the run or pen and the property line.
b.
Veterinary hospital or clinic
1.
Veterinary hospitals or clinics shall maintain no kennels outside the principle building.
2.
The structure shall be insulated and soundproofed in order to minimize all loud noises that might disturb persons on adjacent development.
3.
Any open exercise runs or pens shall be at least 50 feet from any property line, with a Type D perimeter buffer provided between the run or pen and the property line.
3.
Business Support Service Uses
a.
Conference or training center
1.
Dining and banquet facilities may be provided for employees, trainees, and conferees, provided the gross floor area devoted to such facilities does not exceed 30 percent of the total floor area of the principal building.
2.
On-site recreational facilities may be provided for use by employees, trainees, or conferees.
3.
No products shall be sold on-site except those that are clearly incidental and integral to training programs and seminars conducted in the center (e.g., food items, shirts, glasses and mugs, pens and pencils, and similar items bearing the logo of conference or seminar sponsors or participants).
4.
Eating or Drinking Establishment Uses
a.
All eating or drinking establishments
1.
An eating or drinking establishment having outdoor seating (including, but not limited to, seating for dining or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply with the following standards:
(a)
The outdoor seating area shall be located no closer than 100 feet from any single-family detached district or single-family detached development.
(b)
The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use.
(c)
The outdoor seating area shall be located in such a manner that a minimum width of four feet is maintained at all times as an unobstructed pedestrian path.
(d)
The outdoor seating area shall be restricted to the usable sidewalk area and adjacent outdoor seating area of the licensed establishment or within the usable sidewalk area of the building where the validly licensed restaurant is located.
(e)
All tables, chairs, umbrellas, heaters, signs or other personal or business property is not located within four feet of a pedestrian crosswalk or handicap corner curb cut.
(f)
The outdoor seating area does not obstruct vehicle passengers from exiting their cars with the placement of curbside tables.
(g)
All furniture is stored inside the establishment whenever the business is closed.
(h)
In addition:
i.
The outdoor seating area shall keep the sidewalk and close proximity free of trash and debris.
ii.
For the purpose of public safety, at any time after obtaining approval for an outdoor seating area, the permittee may be limited to use of non-breakable beverage containers if the Police Department receives complaints or there are observations that the City needs to needs to amend the approval to impose the non-breakable beverage provision.
iii.
Operators of outdoor seating areas may be required to cease immediately at the sole discretion of the City.
iv.
A permit to operate an outdoor seating area is a license to temporarily use the City's sidewalks within the City's rights-of-way. It is not intended and shall not be constructed as an interest in the real property.
v.
Approval of an outdoor seating area shall be conditioned upon obtaining the necessary State alcoholic beverage license and meeting all State alcoholic beverage requirements. The approved plan by the State for the state alcoholic beverage license to allow service outside of the establishment must conform to the proposed development plan for the outdoor seating area and must be submitted with the application for a development plan for an outdoor seating area. All tables and chairs must not exceed the boundaries of the State alcoholic beverage plan and the outdoor seating area plan.
(i)
Outdoor seating areas shall comply with the following standards related to liability and indemnification:
i.
Prior to the approval, the applicant shall furnish a signed statement indemnifying the City, its officers and employees for any damages to property or injury to persons which may be occasioned by any activity carried under the terms of the approval.
ii.
A permittee shall pay, and by its acceptance of an approval specifically agrees to pay, any and all damages or penalties which the City may be legally required to pay as a result of the permittee's operation or maintenance of an outdoor seating area under this part, whether or not the acts or omissions complained of are authorized, allowed or prohibited by the City.
iii.
A permittee shall also pay all expenses incurred by the City in defending itself with regard to any and all damages and penalties mentioned in subsection (i) above. These expenses shall include all out-of-pocket expenses, including a reasonable attorney's fee and the reasonable value of services rendered by any employee of the City.
iv.
The permittee shall maintain, throughout the term of the approval, liability insurance insuring the City and the permittee with regard to all damages mentioned in subsection (i) above caused by the permittee or its agents, in the minimum amounts of:
(1)
Workers' and unemployment compensation insurance as provided by the laws of Florida.
(2)
Two hundred thousand dollars ($200,000.00) for property damage, bodily injury, or death payable to any one person and $1,000,000.00 for property damage, bodily injury or death when totaled with all other claims or judgments arising out of the same incident or occurrence.
(3)
The insurance policies obtained by a permittee in compliance with this subsection shall be issued by a company or companies acceptable to the City and a current Certificate or Certificates of Insurance, along with written evidence of payment of all required premiums, shall be filed and maintained with the City during the term of the approval. The policies shall name the City as an additional insured and shall contain a provision that written notice of cancellation or reduction in coverage of the policy shall be delivered by registered mail to the City at least 30 days in advance of the effective date thereof.
(4)
An applicant for approval shall be required to submit evidence of liability insurance.
v.
Approval of an outdoor seating area is conditional at all times. Approval for an outdoor seating area may be revoked or suspended in accordance with Article 9: Enforcement.
b.
Alcoholic beverage establishment. Alcoholic beverage establishments shall comply with Chapter 6, Alcoholic Beverages, of the Code of Ordinances.
c.
Brewpub or microbrewery
1.
The minimum area of the eating, drinking, and entertainment area of the brewpub or microbrewery shall be no more than 50 percent of the total square footage for the establishment, or a minimum of 1,500 square feet, whichever is greater.
2.
The establishment shall have fenestration through vision glass, doors or active outdoor spaces along a minimum of 50 percent of the length of the building side that fronts the street, unless the building in which it is located is an adaptive re-use and the building makes compliance impracticable.
3.
Facilities for off-site distribution of manufactured beer are allowed only if conducted from the rear of the building, with adequate loading and access for the activity.
4.
Crushing and fermentation operations are managed such that by-products are contained and disposed of in a way that does not result in spill-over impacts on adjacent property, public spaces, or public rights-of-way.
5.
Outdoor storage is prohibited.
d.
Restaurant, drive-in. To accommodate the drive-up or drive-through service the development shall comply with Sec, 4.3.4.B.6, Drive-through Facility.
e.
Mobile food vendor.
1.
Mobile food vender is defined as the operator of a motorized vehicle or vehicle-mounted trailer used for the operation of food service activities.
2.
It is a violation of this land development code for a mobile food vendor to sell any product at any location or in any manner that is not in compliance with the requirements of this section and the requirements of state law. The provisions of this section shall not apply to a mobile food vendor operating pursuant to a special event permit or temporary use permit.
3.
A mobile food vendor is authorized to operate in the following locations:
(a)
A mobile food vendor may operate on city-owned or public property and the total operation must be contained within the area designated for their operation for their operation by the mayor or designee. Notwithstanding the preceding, a mobile food vendor may not operate at any location where the mayor or designee determines that a conflict exists between a mobile food vendor's operation and an existing license or franchise agreement, contractual obligation, or any other public health or safety concern, including but not limited to a special event or facility rental.
(b)
A mobile food vendor may operate on private property only with the written permission of the property owner(s). Evidence of a property owner's written permission must be available for inspection by the city upon request while the mobile food vendor is operating.
4.
When operating on private property:
(a)
A mobile food vendor may operate only if set-back at least 50 feet from any abutting residential district and at least 150 feet from any exclusively single-family residential structure, unless the owner(s) of the residential structure provides the mobile food vendor with express written permission to operate. The 150 foot set-back requirement is reduced to 50 feet where an intervening nonresidential building, such as a commercial building, screens the operation from the direct view of the single-family residential structure.
(b)
A mobile food vendor may operate on property with a residential structure only if set-back at least 50 feet from the residential structure and with the written consent of all property owners within a 150 foot radius of the property upon which it is operating.
5.
A mobile food vendor may operate on any property in any zoning district for the sole purposes of providing catering services for an event subject to a city-issued special event permit or temporary use permit pursuant to Section 4.4.G issued to the owner of the property and subject to the following additional conditions:
(a)
No more than one mobile food vendor shall operate on any private residential property subject to a city-issued special event permit or temporary use permit.
(b)
A mobile food vendor providing catering services pursuant to a city-issued special event permit or temporary use permit pursuant to this subsection is prohibited from selling food and beverages to the general public. The distribution of food and beverages is solely restricted to the patrons of the special event.
(c)
A city-issued special event permit or temporary use permit for mobile food vendors on property with residential structures shall be limited to a maximum duration of 12 hours per site, and for other properties shall be limited to a maximum duration of 18 hours.
6.
No more than four mobile food vendors shall operate on any private property at any one time, except as provided herein or as allowed by a city-issued special event permit or temporary use permit.
7.
A mobile food vendor shall not operate or park in any location that impedes the ingress or egress of traffic, building entrances, emergency exits, or access to businesses. A mobile food vendor shall not operate in a public or private right-of-way.
8.
A mobile food vendor may operate on private property that has an active building permit as part of a commercial or multi-family construction site. Such operation may also occur on a site undergoing master infrastructure construction within a single-family subdivision until the first certificate of occupancy is issued.
9.
Except as otherwise provided in this subsection, a mobile food vendor may only operate on a lot that has a principal structure. However, operating on a vacant lot is permitted where the vacant lot is under the same ownership as, and is abutting, a lot that has a principal structure. Lots located across a public right-of-way shall [not] be considered abutting.
10.
A mobile food vendor must operate from a stationary location but may operate from multiple locations throughout the day, except as otherwise permitted in this subsection.
11.
A mobile food vendor may only operate during the posted operating/business hours of the park or on-site office, business, or construction, or between the hours of 9:00 a.m. and 10:00 p.m. if no such activity is on-site. Operating hours includes time required for setup and breakdown of the mobile food vending operations.
12.
A mobile food vendor is only permitted to sell food and beverages.
13.
Amplified music or other sounds from a mobile food vendor shall comply with the noise requirements in subsection 5.16.1 of this land development code.
14.
At any time during operation, upon request, a mobile food vendor must provide the city a valid state license issued pursuant to F.S. § 509.241.
15.
Except as provided herein, the placement or storage of any item related to a mobile food vendor's business is prohibited from being on the street, sidewalk, or ground immediately surrounding an operating mobile food vendor. The following items may be placed in the immediate area of operation as long as they do not impede, endanger, or interfere with pedestrian or vehicular traffic:
(a)
Two trash receptacles;
(b)
One recycling receptacle; and
(c)
One menu board no larger than 30 inches by 50 inches in height.
16
A mobile food vendor must provide receptacles for trash and recycling. The area immediately surrounding an operating mobile food vendor shall be kept neat and orderly at all times and garbage or trash shall be removed prior to departure of the mobile food vendor.
17.
Mobile food vendors are responsible for the proper disposal of all waste generated on-site. No grease, waste, trash, or other by-product from a mobile food vendor's business may be deposited or released onto city-owned property, including but not limited to the streets, sidewalk, into the gutter or storm drainage system, or other public place.
18.
If a generator or open flame is utilized, a fire extinguisher must be located on-site.
19.
The sale of alcoholic beverages is prohibited unless authorized by a special event permit.
20.
When operating on city-owned property, a mobile food vendor must maintain insurance and coverage in occurrence form, as required by this section. The mobile food vendor must also have a current certificate of insurance on file with the city, naming the city as an additional insured.
(a)
Commercial general liability insurance. The policy must include a minimum limit of $300,000.00 for each accident, $600,000.00 for general aggregate, $600,000.00 for products and completed ops, and $100,000.00 damage to rented premises.
(b)
Commercial auto liability insurance. The policy must include a minimum limit of $1,000,000.00 for each accident for property damage and bodily injury with contractual liability coverage.
(c)
Workers' compensation insurance. The policy must include a minimum limit of $100,000.00 for each accident, $100,000.00 for each employee, a $500,000.00 policy limit for diseases; coverage must apply for all employees at the statutory limits provided by state and federal laws. Including proof of current workers' compensation coverage or workers' compensation exemption (notarized affidavit).
Upon the cancellation or lapse of any policy of insurance required by this paragraph a mobile food vendor is prohibited from operating on city-owned property. A mobile food vendor must notify the city within three business days of any changes in the insurance coverage required by this section. At all times, a mobile food vendor must maintain all insurance policies required by local, state, and federal law and regulation.
5.
Recreation/Entertainment Uses
a.
Arena, stadium, or amphitheater
1.
An arena, stadium, or amphitheater shall be located at least 500 feet from any Residential district or residential development, as measured from all property lines.
2.
An arena, stadium, or amphitheater shall have a minimum lot size of five acres.
3.
An arena, stadium, or amphitheater shall have at least 300 feet of frontage on an arterial street at the point of access.
4.
All points of vehicular access shall be from arterial streets, and located to minimize vehicular traffic to and through local streets in residential areas.
5.
Safety fences up to a height of eight feet shall be provided in accordance with Sec. 5.5, Fences and Walls, to any portions of the site directly adjacent to any Residential district or residential development.
b.
Recreation facility, outdoor
1.
Swimming pool (outdoor) (as a principal use). A public or private residential outdoor swimming pool shall be enclosed by a fence at least 48 inches high or a substantial barrier as approved by the Apopka Building Official, and further shall be in accordance with State of Florida building standards and Florida Statutes, as amended.
6.
Retail Sales and Service Uses
a.
Alcoholic beverage establishment. See Sec. 4.2.3.E.4.b, Alcoholic beverage establishment.
b.
Bank or other financial institution. Any drive through facilities shall comply with Sec, 4.3.4.B.6, Drive-through Facility.
c.
Check cashing business
1.
Hours of operation shall be limited to between 9:00 a.m. and 8:00 p.m.
2.
A schedule of fees/charges shall be posted where immediately visible to persons entering the business, and a copy of the fee schedule shall be made available to all persons entering the business.
3.
No other business shall share floor space with the check cashing business.
4.
Security lighting and cameras shall be provided on all open sides of the building to provide surveillance of the area within 100 feet of the building's exterior.
5.
At least one security employee (with no other duties) shall be on the premises when the business is open.
d.
Farmers' market
1.
Vehicular access to the subject property shall not be by means of streets internal to a development with single-family detached dwellings.
2.
Stalls, sales tables, and any other outdoor facilities related to the market shall be located at least 25 feet from any abutting street.
3.
Items for sale shall not be displayed or stored within customer pathways.
4.
Before issuance of a permit for the farmers' market, it shall have an established set of operating rules addressing the governance structure of the market, hours of operation, and maintenance and security requirements and responsibilities.
e.
Flea market
1.
Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m.
2.
Sanitary facilities shall be provided for both men and women.
3.
Provisions shall be made for garbage or trash removal for each day the flea market is open to the public.
4.
All rental spaces and buildings shall maintain a 50-foot setback from all residential development or land in a Residential district.
f.
Small box discount store
1.
No small box discount store shall be located within 10,560 feet of any other small box discount store or within 200 feet of any property used primarily for a single-family residence, a two-family residence, a townhome, or any apartment building. The separation distances shall be measured from property line to property line. This separation provision shall not apply to any small box discount store that can demonstrate to the city that they were in operation at their location prior to the effective date of this section, and that they have operated continuously under the same business name since that time.
2.
All non-residential design standards, as enumerated in the Section 5.7, Development Design Guidelines, must be met including, but not limited to, the creation of quality development with respect to site planning, architectural design, and landscaping. Small box discount store uses in industrial districts shall be subject to non-residential design standards.
7.
Vehicle Sales and Service Uses
a.
Automobile service station
1.
On a corner lot, a driveway shall begin at a point not less than 100 feet from the point of curvature (PC) of the curb return.
2.
Driveways shall be defined by curbing.
3.
Gasoline pumps and other service appliances shall be set back at least 25 feet from the street right-of-way.
4.
The storage or junking of wrecked motor vehicles (whether capable of movement or not) is prohibited.
5.
No storage or parking space shall be offered for rent.
6.
Canopies over gas pumps shall have a maximum clearance height of 15 feet above grade unless State or federal law requires higher clearance.
b.
Commercial fuel depot
1.
On a corner lot, a driveway shall begin at a point not less than 100 feet from the point of curvature (PC) of the curb return.
2.
Driveways shall be defined by curbing.
3.
Gasoline pumps and other service appliances shall be set back at least 25 feet from the street right-of-way.
4.
The storage or junking of wrecked motor vehicles (whether capable of movement or not) is prohibited.
5.
No storage or parking space shall be offered for rent.
6.
Canopies over gas pumps shall have a maximum clearance height of 15 feet above grade unless State or federal law requires higher clearance.
c.
Commercial vehicle repair and maintenance
1.
A commercial vehicle repair and maintenance establishment shall be located at least 200 feet from any residential development, Residential district, school, or child day care center.
2.
All sales and installation operations are encouraged to be conducted in a wholly enclosed building with no outdoor storage.
3.
Service activity on any commercial vehicle shall be completed within one month, and no vehicle may be stored on the property for longer than this period.
4.
The demolition or junking of commercial vehicles is prohibited. Commercial vehicles shall not be parked or stored as a source of parts or for the purpose of sale or lease/rent.
d.
Personal vehicle repair and maintenance
1.
A personal vehicle repair and maintenance establishment shall be located at least 150 feet from any residential development, Residential district, school, or child day care center.
2.
All sales and installation operations shall be conducted in a wholly enclosed building with no outdoor storage.
3.
Service activity on any motor vehicle shall be completed within a seven day period, and no vehicle may be stored on the property for longer than this period.
4.
The storage, demolition or junking of motor vehicles (whether capable of movement or not) is prohibited. Vehicles shall not be parked or stored as a source of parts or for the purpose of sale or lease/rent.
5.
Car wash and auto detailing uses shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements. If an automatic car wash is an accessory use to a gasoline sales use, it shall be governed by the use and dimensional standards applicable to the gasoline sales use.
e.
Personal vehicle sales and rental
1.
The personal vehicle sales and rental establishment shall have no more than one vehicle display pad for every 100 feet of street frontage. A vehicle display pad shall not exceed 5000 square feet in area and may be elevated up to two feet above adjacent displays or ground level.
2.
No vehicles or other similar items shall be displayed on the top of a building.
3.
No materials for sale or rent other than vehicles shall be displayed between the principal structure and the adjoining street.
4.
The storage or junking of wrecked motor vehicles (whether capable of movement or not) is prohibited.
8.
Water-Related Uses
a.
Boat sales, service, rental, or repair
1.
Boats shall be not stored as a source of parts.
2.
Discarded parts resulting from any repair work shall be removed promptly from the premises.
3.
The use shall be designed so that service bays are not visible from an adjoining street.
4.
Repair of all boats and equipment shall occur within an enclosed building.
5.
Outdoor boat and equipment storage is allowed in an outdoor storage area.
6.
Boats that are repaired and awaiting removal shall be stored for no more than 30 consecutive days. A boat abandoned by its lawful owner before or during the repair process may remain on site after the 30 day period, provided the owner or operator of the establishment demonstrates steps have been taken to remove the boat from the premises using the appropriate legal means.
7.
If the boat repair and servicing use is combined with a boat or marine sales or rental use, docking facility, or marina, the combined use shall comply with the standards (including districts where permitted) applicable to each component.
9.
Car Wash (enclosed)
a.
Minimum of 1.5 acres.
b.
Two access points to local and collector roads.
c.
Minimum building setback of 25 feet.
d.
Landscape buffer in accordance with Type E. Alternative Special Exception requirements, Table 5.2.5.B.3.D-2: Bufferyards and Types.
e.
Required parking cannot infringe on landscape buffers.
F.
Industrial Uses
1.
All Industrial Uses. All industrial uses in the I-L: Light Industrial district shall be contained within an enclosed building, unless a special exception is approved for the use in accordance with Sec. 2.5.1.G, Special Exception Permit.
a.
Any outside storage as a principal use must provide a primary building that shall:
•
be a minimum 1,000 square feet
•
provide full utilities to include bathroom(s) in accordance with all state and local standards
•
meet standards in accordance with the Land Development Code, Appendix D - Development Design Guidelines.
2.
Extraction Uses
a.
Surface mining
1.
The mining activity shall comply with and receive all applicable permits under State law, and comply with Chapter 16-39.008, FAC.
2.
Activities shall be confined to vacant properties of 100 acres or more, or total surrounding residential units equal 20 units or less when measured a quarter of a mile from the area to be mined.
3.
Industrial Service Uses
a.
Dry-cleaning, laundry, or carpet-cleaning plant
1.
The establishment shall be within an enclosed building
2.
The establishment shall use nonflammable liquids in the cleaning processes that emit no odor, fumes, or steam detectable to normal senses from off the premises.
4.
Manufacturing and Production Uses
a.
Manufacturing, assembly, or fabrication, light. Manufactured home and prefabricated building sales establishments shall comply with the following standards:
1.
Any lot engaged in the sale of manufactured homes or prefabricated buildings shall be at least one acre in area and maintain a minimum lot width of at least 125 feet.
2.
Model manufactured homes and prefabricated buildings shall be positioned in a uniform, organized fashion. Haphazard placement of buildings at varying angles shall be prohibited.
3.
No display areas shall be located within required setbacks or required landscaping buffers.
4.
Storage of materials related to the construction, transport, or installation of homes or prefabricated buildings shall only take place within areas enclosed by an opaque fence or wall with a minimum height of six feet.
5.
No signage, flags, or other attention-getting devices shall be mounted on a manufactured home or prefabricated building.
5.
Warehouse and Freight Movement Uses
a.
Outdoor storage (as a principal use)
1.
Outdoor storage shall be screened from all public streets, residential development, and Residential districts by an opaque fence or wall with a minimum height of six feet, and a maximum height of ten feet.
2.
Stacked or stockpiled material located within 50 feet of a screening fence or wall shall not exceed the height of the screening fence or wall.
3.
Adjacent lots located within the I-H: Heavy Industrial district do not have to be screened.
4.
Outdoor storage areas shall be configured to allow vehicular circulation through and around the storage area.
5.
Any repair of equipment shall be conducted within an enclosed building.
6.
Customers and vehicles shall be allowed to circulate through the area(s) used for outdoor storage.
b.
Consolidated storage (self-service storage). Self-service storage facilities shall comply with the following standards:
1.
If separate buildings are constructed, there shall be a minimum separation of ten feet between buildings.
2.
The only commercial uses permitted on-site shall be the rental of storage bays and the pickup and deposit of goods or property in dead storage. Storage bays shall not be used to manufacture, fabricate, or process goods, to service or repair vehicles, small engines or electrical equipment, or conduct similar repair activities, to conduct garage sales or retail sales of any kind, or to conduct any other commercial or industrial activity on the site.
3.
Individual storage bays or private postal boxes within a self-service storage facility shall not be considered premises for the purpose of assigning a legal address.
4.
No more than one security or caretaker quarters may be developed on the site, and shall be integrated into the building's design.
5.
Except as otherwise authorized in this subsection, all property stored on the site shall be enclosed entirely within enclosed buildings.
6.
Hours of public access to a self-storage establishment abutting a Residential district or existing residential development shall be restricted to the hours between 6:00 a.m. and 10:00 p.m.
7.
Where the establishment provides drive-up access to storage, the following standards shall be met:
(a)
Interior parking shall be provided in the form of aisleways adjacent to the storage bays. Aisleways shall be used both for circulation and temporary customer parking while using storage bays. The minimum width of aisleways shall be 21 feet if only one-way traffic is permitted, and 30 feet if two-way traffic is permitted.
(b)
The one- or two-way traffic flow patterns in aisleways shall be clearly marked. Marking shall consist, at a minimum, of standard directional signage and painted lane markings with arrows.
(c)
Appropriate access and circulation by vehicles and emergency equipment shall be ensured through the design of internal turning radii of aisleways.
(d)
All access ways shall be paved with asphalt, concrete, or comparable paving materials.
8.
Garage doors serving individual storage units shall be perpendicular to a public or private street so as to not be visible from adjacent streets.
9.
Windows may not exceed 20 percent of any street-facing façade and shall not be reflective.
10.
A maximum of two colors (excluding roof colors) shall be used on wall facades visible from off-site areas. Colors shall be neutral and shall not be used to call attention to the establishment.
11.
Perimeter or exterior walls visible from an arterial street or residential development shall not include metal as a primary material.
12.
Open storage of recreational vehicles, travel trailers, and dry storage of pleasure boats of the type customarily maintained by persons for their personal use shall be permitted within a self-service storage facility use, provided that the following standards are met:
(a)
Open storage shall occur only within a designated area, which shall be clearly delineated.
(b)
The size of the open storage area shall not exceed 25 percent of the buildable area of the site.
(c)
Outdoor storage areas shall be located to the rear of the principal structure.
(d)
Storage shall not occur within the areas set aside for minimum building setbacks.
(e)
No dry stacking of boats shall be permitted on-site.
6.
Waste-Related Uses
a.
Recycling drop-off center
1.
The subject property shall front on and have direct vehicular access to an existing street with sufficient capacity to accommodate the type and amount of traffic expected to be generated by the recycling drop-off center.
2.
All operations shall be confined to the interior of a wholly enclosed building. There shall be no outdoor storage.
3.
The property shall be kept clean and free from debris.
b.
Materials recovery facility
1.
All separation and processing operations, including storage of solid waste, shall be confined to the interior of a wholly enclosed building.
2.
All necessary State permits shall be issued for the facility.
3.
Processing of solid waste must begin within 24 hours of it reaching the site.
4.
The Enforcement Officer shall be provided the right to inspect the facility at any time for compliance with the applicable regulations.
c.
Solid waste transfer station
1.
Hours of operation shall occur only between 7:00 a.m. and 6:00 p.m.
2.
Buildings associated with the solid waste transfer station shall be set back at least 500 feet from all property lines.
3.
Measures shall be taken to control any noxious and offensive odors.
4.
All activities pertinent to the transferring of solid waste shall be conducted in a wholly enclosed building that has an impervious surface for loading and unloading solid waste and is capable of accommodating all types of solid waste hauling vehicles.
5.
The solid waste transfer station shall not commence until the State has issued all applicable permits.
(Ord. No. 2745, § 6, 1-15-2020; Ord. No. 2775, § V, 7-15-2020; Ord. No. 2805, § VII, 11-18-2020; Ord. No. 2877, §§ X, XI, 12-15-2021; Ord. No. 2882, § II, 12-15-2021; Ord. No. 2884, § II, 12-15-2021; Ord. No. 2927, § I, 5-18-2022; Ord. No. 2994, § VII, 3-15-2023)
4.3.1. - General
The purpose of this section is to authorize the establishment and continuation of land uses and structures that are incidental and customarily subordinate to principal uses— accessory uses and structures. This section also identifies the zoning districts in which such accessory uses and structures are allowed (Sec. 4.3.2, Accessory Uses and Structure Table), sets out general standards applicable to all accessory uses and structures (Sec. 4.3.3, General Standards for all Accessory Uses and Structures), and sets out any special standards applicable to particular accessory uses and structures (Sec. 4.3.4, Standards Specific to Accessory Uses and Structures). This section is intended to allow a broad range of accessory uses and structures, so long as they are located on the same lot as the principal use and comply with the standards set forth in this section to reduce potentially adverse impacts on surrounding lands.
4.3.2. - Accessory Uses and Structures Table
A.
Structure of Accessory Use/Structure Table.
1.
Organization of Accessory Uses and Structures. Table 1.1.1.A: Accessory Use and Structures Table, in this subsection lists accessory uses and structures alphabetically.
2.
Designation of Uses and Structures. The following abbreviations are used in the table to designate whether and how an accessory use or structure is allowed in a particular zoning district:
3.
Review for Compliance with this Section and Any use Specific Standards. A proposed accessory use shall be reviewed for compliance with this section when it is proposed and prior to its development, either as part of a development plan (see Sec. 2.5.2.A, Development Plan (Major and Minor), or a building permit (see Code of Ordinances Art.VI, Sec. 6.08.00).
4.
Reference to Use-Specific Standards. A particular use or structure allowable as an accessory use or structure in a zoning district may be subject to additional standards that are specific to the particular accessory use or structure. The applicability of such use-specific standards is noted in the last column of Table 1.1.1.A: Accessory Use and Structures Table, through a reference to standards in Sec. 4.3.4, Standards Specific to Accessory Uses and Structures.
5.
Unlisted Accessory Uses and Structures. The Director shall evaluate potential accessory uses or structures that are not identified in Table 1.1.1.A: Accessory Use and Structures Table, on a case-by-case basis, as an Interpretation (see Sec. 2.5.6, Interpretation). In making the interpretation, the Director shall consider the following:
a.
Accessory uses identified in Sec. 10.3.1, Principal Use Classification System.
b.
The definition of the accessory use (see Sec. 10.4, Definitions), and the general accessory use standards established in Sec. 4.3.3, General Standards for all Accessory Uses and Structures;
c.
The additional standards for specific accessory uses established in Sec. 4.3.4, Standards Specific to Accessory Uses and Structures;
d.
The purpose and intent of the zoning district in which the accessory use or structure is located (see Article 3: Zoning Districts);
e.
Any potential adverse impacts the accessory use or structure may have on other lands in the area, compared with other accessory uses permitted in the zoning district; and
f.
The compatibility of the accessory use or structure, including the structure in which it is housed, with other principal and accessory uses permitted in the zoning district.
B.
Accessory Use and Structures Table
(Ord. No. 3021, § VI, 9-20-2023)
4.3.3. - General Standards for all Accessory Uses and Structures
A.
Relationship to Principal Uses or Structures
1.
Except as otherwise expressly allowed in this LDC, an accessory use or structure shall not be established or constructed before the establishment or construction of the principal use or structure it serves.
2.
If the principal use or structure served by the accessory use or structure is destroyed or removed, the accessory use or structure shall no longer be allowed.
3.
Only one accessory structure as described in Table 10.2.4.B. Allowable Encroachments into Yards/Build-to Zones, 11. Garages, detached and 12. Utility sheds, shall be allowed for a single-family lot.
B.
Location of Accessory Uses and Structures
1.
Except as otherwise expressly allowed in this LDC, an accessory use or structure shall not be located within any platted or recorded easement or over any known utility, or in an area designated as a fire lane or emergency access route on an approved development plan (minor or major).
2.
No accessory structures shall be located within a perimeter buffer except a screening fence or wall.
3.
No accessory structure shall impede the access to or function of a vehicular use area.
4.
Unless otherwise provided in Sec. 4.3.4, Standards Specific to Accessory Uses and Structures, or Sec. 10.2.4.B, Allowable Encroachments into Required Yards/Build-to Zones, no accessory structure shall be located in a required front yard or corner lot side yard.
5.
Unless otherwise provided in subparagraph 3 or 4 above, or Sec. 4.3.4, Standards Specific to Accessory Uses and Structures, or Sec. 10.2.4.B, Allowable Encroachments into Required Yards/Build-to Zones, accessory uses and structures shall comply with the minimum yard standards and structure height limits applicable in the zoning district where the structure is located.
(Ord. No. 2994, § VIII, 3-15-2023)
4.3.4. - Standards Specific to Accessory Uses and Structures
A.
General. Standards for a specific accessory use or structure shall apply to the particular individual accessory use or structure regardless of the zoning district in which it is located or the review procedure by which it is approved, unless otherwise specified in this LDC. This subsection sets forth and consolidates the standards for all accessory uses and structures for which a reference to this section is provided in the "Use-Specific Standards" column of Table 1.1.1.A: Accessory Use and Structures Table, and in the same order as they are listed in the table. These standards may be modified by other applicable standards or requirements in this LDC.
B.
Standards for Specific Accessory Uses and Structures
1.
Amateur ham radio antenna
a.
The antenna shall not exceed a height of 90 feet above grade.
b.
An antenna attached to a principal structure on the lot shall be located on a side or rear elevation of the structure.
c.
A freestanding antenna shall be located to the rear of the principal structure on the lot, but not within 10 feet of any lot line.
d.
The Director shall waive or approve a deviation of the above standards if the ham radio operator demonstrates that such waiver or deviation is necessary to accommodate the operator's amateur communications needs.
2.
Automated teller machine (ATM)
a.
An ATM designed for walk-up use and located in the exterior wall of a building or a parking area shall be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking areas and building entrances, or vehicular movement in front of buildings or through parking areas.
b.
If an ATM is designed for use by customers in their vehicles, it shall comply with the accessory use standards in Section 4.3.4.B.6, Drive-through Facility.
3.
Bed and Breakfast (as accessory to a single-family detached dwelling)
a.
The property owner or a member of the owner's immediate family shall live in the dwelling as a primary residence and manage the bed and breakfast use.
b.
The maximum number of guest rooms shall be five.
c.
The guest rooms may be within or attached to the principal dwelling or exist within or as a detached structure (e.g., above a detached garage).
d.
Guest stays shall be limited to no more than two weeks in any one visit.
e.
No more than two nonresident persons may be employed on the premises.
f.
Interior residential features shall be retained in a manner that will allow re-conversion to solely a single-family residential use.
g.
Breakfasts only may be served only to dwelling residents, and overnight resident guests.
h.
At least one additional parking space per guestroom available for rent shall be provided in addition to those required for the principal dwelling.
i.
There shall be no sign or other evidence of the bed and breakfast accessory use except one sign not exceeding two feet by three feet in area. Such sign may be double-faced and illuminated, but not internally illuminated or back-lit
j.
Other than the sign authorized above, the dwelling and site shall be maintained and landscaped to eliminate outward signs of transient use, and shall be compatible with the neighborhood surroundings.
4.
Community Recreation Facility (as accessory to a residential use)
a.
A community recreation facility (as accessory to a residential use) is allowed, subject to the following standards:
1.
The facility shall not abut a thoroughfare (access to the facility shall be provided by an access drive).
5.
Donation Bin
a.
A donation bin is only permitted as an accessory use where the principal use is a place of worship.
b.
The donation bin shall be affixed to a level paved surface as a part of a larger developed and occupied nonresidential building site.
c.
The donation bin shall be located with adequate driveway access for loading or service vehicles.
d.
All donation bins on a building site shall be arranged side by side with no more than 12 inches between two bins.
e.
The maximum number of donation bins on a site shall be:
1.
One donation bin on any building site less than two acres in area;
2.
Two donation bins on any building site between two and five acres in area; or
3.
Three donation bins on any building site more than five acres in area.
f.
The receiving door on the donation bin shall be oriented toward the interior of the building site and away from the public right-of-way.
g.
The donation bin shall be closed by use of a receiving door or safety chute to prevent vandalism, and locked so that the contents of the bin cannot be accessed by anyone other than those responsible for the retrieval of the contents.
h.
No donation bin shall exceed 25 square feet in area or seven feet in height.
i.
The donation bin shall not be in view from the front of the building site.
j.
The donation bin shall be setback:
1.
Twenty-five (25) feet from any Residential use, residential zone district boundary, or public right-of-way; and
2.
Five feet from any other property line
k.
The donation bin shall not encroach on required landscaping, and no required landscaping shall be removed to install a donation bin.
l.
Signs shall be permitted on two sides of the donation bin, if one of the two sides is the front or depositing side. Signage shall be limited to five square feet per side and shall only advertise the donation bin's (1) permittee, and (2) if applicable, the benefitting organization. Any donation bin operated by a person or entity other than a non-profit permittee shall also include the following statement on the depositing side of the bin, not less than two inches (2") high, below the bin chute, in conspicuous and clear lettering at least two inches (2") high, "[Permittee name] is not a charitable organization. The materials deposited in the bin are not re-used by any charitable organization but are instead recycled and re-sold for profit, and are not tax deductible contributions." A permittee's donation bin with a benefitting foundation or organization may also state: "A portion of the proceeds of the sale of the materials deposited in this bin benefits [name of benefitting foundation or organization]." Each donation bin must be clearly marked to identify the name and telephone number of its responsible operator.
m.
No donation bin shall occupy or block access to any parking space needed to comply with the requirements of this LDC.
n.
No processing of donations is allowed on-site.
o.
Notwithstanding any other requirement of this subsection, donation bins may be located within a principal building or structure without further review or regulation.
p.
Operation of the donation bin shall be conducted in a manner as not to constitute a nuisance with regard to odor, noise, dust, or other environmental effects. Collection facilities must be regularly emptied of their contents so that materials and donations do not overflow. The permittee and property owner shall be individually and jointly responsible for abating and removing all garbage, trash, debris and other refuse material in the area surrounding any donation bin within 72 hours of written or verbal notice by the City.
q.
The owner of the donation bin, the permittee, and the owner of any private property upon which a violation of these regulations occur may be held individually and severally responsible and liable for such violation.
6.
Drive-through Facility
a.
The drive-through facility shall be designed in accordance with Sec. 5.1.10, Vehicle Stacking Spaces and Lanes.
b.
The drive-through facility shall be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking spaces and building entrances.
c.
The design of any roof or awning over the drive-through facility and lanes, including any supporting columns and brackets, shall match the design and exterior building materials of the principal building.
7.
Electric Vehicle (EV) Level 1, 2, or 3 Charging Station
a.
In the RMU districts, EV Level 3 charging stations are allowed as accessory uses to: continuing care retirement communities; colleges or universities; major utility facilities; and townhome or multifamily developments that contain more than 75 dwelling units.
b.
Except as otherwise provided in subsection c. below, EV charging station spaces shall be reserved for the charging of electric vehicles only. Such reserved spaces shall be posted with signage identifying the spaces as reserved only for the charging of electric vehicles, the amperage and voltage levels, any enforceable time limits or tow-away provisions, and contact information for reporting non-operating equipment or other problems.
c.
A required accessible parking space for persons with physical disabilities may also serve as an EV charging station space, provided the charging station and its controls meet ADA standards for accessibility to persons with physical disabilities.
d.
EV charging station equipment shall be located so as not to interfere with vehicle, bicycle, or pedestrian access and circulation, or with required landscaping.
8.
Helipad (as an accessory use)
a.
There shall be no existing or proposed flight obstructions that are located outside the helipad site and fall within the approach zone to any landing area.
b.
Auxiliary facilities such as parking, waiting room, fueling, and maintenance equipment are not permitted.
9.
Home Occupation
a.
The purpose and intent of these home occupation standards is to:
1.
Ensure the compatibility of the home occupation with other uses permitted in the Residential districts;
2.
Maintain and preserve the character of residential neighborhoods;
3.
Provide peace and domestic tranquility within all residential neighborhoods within the City, and guarantee all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard, and other adverse effects of commercial uses being conducted in residential neighborhoods;
b.
A home occupation shall be conducted entirely within a dwelling or accessory building on the lot of the occupant conducting the home occupation, and comply with all of the following standards:
1.
The home occupation shall be clearly incidental and subordinate to the use of the dwelling unit by its occupants for residential purposes, and shall under no circumstances change the residential character of the unit;
2.
No person other than members of the family residing on the premises shall be engaged in the home occupation;
3.
The home occupation shall not change the outside appearance of the building or premises, or create other visible evidence of the conduct of the home occupation;
4.
A home occupation shall not occupy more than 25 percent of the dwelling unit. A room which has been constructed as an addition to the dwelling, or an attached porch or garage which has been converted into living quarters, shall not be used for a home occupation until two years after the date of its completion, as shown by the records of the Building Division;
5.
Traffic shall not be generated by the home occupation that is in greater volumes than is normally expected by the residential dwelling unit;
6.
No commercial licensed vehicles shall be used by the home occupation;
7.
The home occupation shall not use commercially licensed vehicles or vehicles which exceed three-quarter ton, for delivery of materials or supplies to or from the premises;
8.
The off-street parking needed to accommodate the home occupation generated by the conduct of such home occupation shall be met off the street and other than in a required front yard;
9.
No equipment or process shall be used by the home occupation that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. 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. No explosive or combustible material shall be used or stored on the premises.
10.
No demonstration of products for sale is permitted.
11.
The home occupation shall comply with all applicable City occupational licenses and other business taxes.
10.
Limited Fuel/Oil/Bottled Gas Distribution
a.
Limited fuel/oil/bottled gas distribution is allowed as an accessory use to convenience stores, consumer good establishments, automobile service stations, and personal and commercial vehicle sales and rental uses.
b.
Any structure housing the fuel, oil, or bottled gas that is located on a sidewalk or other walkway shall be located to maintain at least five feet of clearance along the walkway for use by pedestrians.
c.
Limited fuel/oil/bottled gas distribution as an accessory use is prohibited within 1,000 feet of an airport, a school, and a hospital.
11.
Nursery and Garden Center (as accessory to a nursery use)
a.
The subject property shall contain at least five contiguous acres.
b.
The display and sale of nursery stock and garden supplies not grown or produced on the premises shall not exceed 25 percent of the total display and sales area.
c.
The display, sale, or repair of motorized nursery or garden equipment is prohibited.
d.
All parking, loading, sales, and display areas shall be set back at least 25 feet from any street right-of-way and 150 feet from any residential use or a Residential zoning district.
12.
Outdoor Display of Merchandise (as accessory to a retail sales use or wholesale use)
a.
Outdoor display of merchandise is allowed as an accessory use to any retail sales and service use or wholesale use that is conducted within a building located on the same lot, subject to the following standards:
1.
Merchandise displayed shall be limited to that sold or rented by the principal use on the lot.
2.
All outdoor display of goods shall be located immediately adjacent to the front or side of the principal building, and not in drive aisles, loading zones, fire lanes, or parking lots.
3.
Outdoor display areas along the front or side of a principal building shall be limited to no more than one-half of the length of the building's front or side, as appropriate.
4.
Outdoor display areas shall be located to maintain a clearance area in front of primary building entrances for at least ten feet directly outward from the entrance width.
5.
An obstruction-free area at least five feet wide shall be maintained through the entire length of the display area or between it and adjacent parking areas so as to allow pedestrians and handicapped persons with disabilities to safely and conveniently travel between parking areas or drive aisles to the building and along the front and side of the building, without having to detour around the display area.
13.
Outdoor Seating (as accessory to an eating or drinking establishment)
a.
Outdoor seating is allowed as an accessory use to any eating or drinking establishment, subject to the following standards:
1.
No sound production or reproduction machine or device (including, but not limited to musical instruments, loud-speakers, and sound amplifiers) shall be played in the outdoor seating area at volumes that disturb the peace, quiet, or comfort of adjoining properties.
2.
Hours of operation of the outdoor seating area shall be the same as those for the eating or drinking establishment.
3.
Food preparation shall occur only within the enclosed principal building containing the eating or drinking establishment.
4.
The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use.
5.
No tables, chairs, umbrellas, or other furnishings or equipment associated with the outdoor seating area shall be attached, chained, or otherwise affixed to any curb, sidewalk, tree, post, sign, or other fixture within the outdoor seating area.
6.
The outdoor seating area may be permitted on a public sidewalk abutting or adjacent to the front of the property containing an eating or drinking establishment subject to the following requirements:
(a)
The outdoor seating area shall be limited to that part of the sidewalk directly in front of the property containing the eating or drinking establishment unless the owner of adjoining property agrees in writing to an extension of the outdoor seating area to that part of the sidewalk in front of the adjoining property.
(b)
The operator of the establishment shall enter into a revocable agreement with the City that has been approved as to form by the City Attorney, as appropriate, that:
i.
Ensures that the operator is adequately insured against and indemnifies and holds the City harmless for any claims for damages or injury arising from sidewalk dining operations, and will maintain the sidewalk seating area and facilities in good repair and in a neat and clean condition;
ii.
Authorizes the City to suspend authorization of the outdoor seating use, and to remove or relocate or order the removal or relocation of any sidewalk seating facilities, at the owner's expense, as necessary to accommodate repair work being done to the sidewalk or other areas within the right-of-way containing or near the outdoor seating area; and
iii.
Authorizes the City to remove or relocate or order the removal or relocation of any sidewalk seating facilities, at the operator's expense, if the operator fails to comply with a City order to do so within a reasonable time period.
(c)
A clear pathway at least five feet wide shall be maintained to allow through public pedestrian traffic along the sidewalk and from the sidewalk into the entrance to the establishment. A greater width may be required where necessary to ensure the safe and convenient flow of pedestrian traffic.
(d)
A clear separation of at least five feet shall be maintained from any alley, crosswalk, fire hydrant, or similar public or emergency access feature in or near the sidewalk. A greater clear distance may be required where necessary to ensure use of the public or emergency access feature.
(e)
No objects shall be placed along the perimeter of the outdoor sidewalk seating area that would have the effect of forming a physical or visual barrier discouraging the use of the sidewalk by the general public.
(f)
Tables, chairs, umbrellas, and other furnishings associated with the outdoor seating area shall be of sufficient quality, design, materials, and workmanship to ensure the safety and convenience of the users and compatibility with adjacent uses.
14.
Outdoor Storage (as an accessory use)
a.
Within the MU-D: Mixed-Use Downtown and RMU: Residential Mixed Use districts, outdoor storage areas shall be located to the rear of the development's principal building(s). In other zones, outdoor storage areas shall be located to the side or rear of the development's principal structure(s).
b.
Where an outdoor storage area stores goods intended for sale or resale, such goods shall be limited to those sold on the premise in conjunction with the principal use of the lot.
c.
Flammable liquids or gases in excess of 100 gallons shall be stored underground.
d.
No materials shall be stored in areas intended for vehicular or pedestrian circulation.
e.
Outdoor storage areas shall be enclosed with either a wall made of masonry material consistent with that of the primary building(s) on the lot, wood, or vinyl (or a combination of such a masonry wall and metal fencing). The height of the wall or fence shall be sufficient to screen stored materials from view from public street rights-of-way, private streets, public sidewalks, and any adjoining residential development.
15.
Produce stand (as accessory to a farm or community garden)
a.
A produce stand (as accessory to a farm or community garden) shall comply with the following standards:
1.
The produce stand shall not exceed 750 square feet in area and shall not be more than 15 feet in height.
2.
The produce stand shall be located on the lot where the farm or community garden is located.
3.
The produce stand shall be:
(a)
Limited to the retail sale of vegetables and fruits grown on the farm or in the community garden.
(b)
Located to minimize the visual impact of the structure from adjacent public streets.
(c)
Limited to a six-month duration in a given location.
(d)
Situated so that adequate ingress, egress, and off-street parking areas are provided.
16.
Rainwater Cistern or Barrel
a.
An aboveground rainwater cistern or barrel is allowed as an accessory use or structure to any principal use or structure, provided it shall:
1.
Be located directly adjacent to the principal structure on the lot.
2.
Not serve as signage or have signage affixed to it.
17.
Satellite Dish Antenna
a.
A satellite dish antenna is allowed as an accessory use or structure to any principal use or structure, subject to the following standards:
1.
A satellite dish antenna that is more than 18 inches in diameter, located on property within the exclusive use or control of the antenna user, and designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite, is subject to the standards in this subsection only to the extent that the standards do not unreasonably delay, prevent, or increase the cost of its installation, maintenance, or use or preclude reception of an acceptable quality signal.
2.
Only one antenna is allowed to serve a residential dwelling unit. For all other uses, one or more antennas are allowed.
3.
The maximum size of the satellite dish antenna, whether ground- or pole-mounted, shall be 12 feet in diameter, unless approved concurrently with a principal use approved by special exception.
4.
Antennas shall be located only in a rear or side yard, at least two feet from any rear or side lot line. On lots having no rear yard (through lots) and on corner lots where the designated front of the main building faces a side street, the rear and side yards, as used herein, shall mean the yards at the rear and side of the building, respectively.
5.
Antennas shall be ground-mounted, except an antenna with a diameter of six feet four inches or less may be mounted on the roof of any building other than a single-family detached dwelling unit.
6.
The maximum height of a ground-mounted antenna shall be 15 feet.
7.
The maximum height of a pole-mounted satellite dish antenna shall be 13.5 feet above the eaves of the roof, but in all instances shall not exceed 35 feet
8.
The satellite dish antenna shall be of a nonreflective surface material and be made, to the maximum extent practicable, to conform and blend, taking into consideration color and location, with the surrounding area and structures.
9.
A ground-mounted antenna shall be screened from ground-level view from adjacent streets and parcels.
10.
The satellite dish antenna shall, to the maximum extent possible, be screened from view from a public right-of-way and adjacent properties.
11.
The satellite dish antenna, whether ground or pole mounted, shall be mounted at a fixed point and shall not be portable.
12.
The satellite dish antenna shall contain no advertising or signage of any type.
13.
The satellite dish antenna and any part thereof shall maintain vertical and horizontal clearances from any electric lines and shall conform to the National Electrical Code.
14.
The satellite dish antenna installation shall provide certification of and shall meet all FCC and manufacturer specifications, rules, and requirements.
15.
A satellite dish antenna 18 inches in diameter or less shall not require a building permit before its installation, but shall comply with the standards of this subsection.
18.
Solar Energy Collection Facility, Small-Scale
a.
The facility may be located on the roof of a principal or accessory structure, on the side of such structures, on a pole, or on the ground in accordance with the standards in Sec. 4.3.3.B, Location of Accessory Uses and Structures.
b.
The facility shall comply with the maximum height standards for the zoning district in which it is located, except that a roof-mounted system shall not extend more than 15 feet above the roofline of the structure on which it is mounted.
c.
Where an existing structure exceeds the applicable height limit, a solar energy collection facility may be located on its roof irrespective of applicable height standards, provided the system extends no more than five feet above the roof surface.
d.
The property owner shall be responsible for negotiating with other property owners in the vicinity to establish any solar easement designed to protect solar access for the small-scale solar energy collection facility, and for recording any such solar easement with the Director.
19.
Swimming Pool (as an accessory use)
a.
An outdoor swimming pool accessory to a single-family dwelling may be located in a required side or rear yard except that it shall be set back at least five feet from the rear lot line and five feet from all side lot lines. With the exception of the five-foot side lot setback provisions, the requirements from Table 10.2.4.B, Allowable Encroachments into Required Yards/Build-to Zones, 2.b Rear deck, porch, patio or terrace (screened or unscreened), shall be adhered to.
b.
An outdoor swimming pool accessory to a use other than a single-family detached dwelling shall comply with the minimum yard depth requirements for a principal building and any applicable locational standards in provisions c below.
c.
An outdoor swimming pool accessory to a townhome or multifamily development is subject to the following additional standards:
1.
The pool shall be for the sole use of the development's or subdivision's residents, and their guests.
2.
The pool (including the apron, filtering and pumping equipment, and buildings) shall be located at least:
(a)
One hundred and twenty-five (125) feet from land in a single-family zoning district (RSF-1A and RSF-1B districts) or an existing single-family detached dwelling.
(b)
Fifty (50) feet from adjoining land in a Residential zoning district, or land an existing residential use; and
(c)
Twenty-five (25) feet from land in a Nonresidential zoning district or existing nonresidential development.
3.
The use of any public address or other loudspeaker system for an outdoor swimming pool shall be restricted to that necessary for safety purposes, and shall not be used for the playing of music or other entertainment.
4.
A public or private residential outdoor swimming pool shall be enclosed by a fence at least 48 inches high or a substantial barrier as approved by the Apopka Building Official, and further shall be in accordance with State of Florida building standards and Florida Statutes, as amended.
20.
Wind Energy Conversion System, Small-Scale
a.
Tower-mounted small-scale wind energy conversion systems shall not be located within a front yard.
b.
A small-scale wind energy conversion system shall be set back a distance equal to its total extended height (e.g., if on a roof, roof height plus the height of any tower extending from the roof), plus five feet from all property lines, public street rights-of-way, and overhead utility lines. Guy wires and other support devices shall be set back at least five feet from all property lines.
c.
The maximum height of a small-scale wind energy conversion system (including the tower and extended blades) shall be the maximum height allowed in the zoning district plus 40 feet.
d.
Sound produced by the wind turbine under normal operating conditions, as measured at the property line abutting an existing residential use, shall not exceed 55 dBA at any time. The 55 dBA sound level, however, may be exceeded during short-term events that occur beyond the property owner's control, such as utility outages and/or severe wind storms.
e.
The wind turbine and tower shall be painted or finished in the color originally applied by the manufacturer, or a matte neutral color (e.g., gray, white) that blends into a range of sky colors, or a color consistent with that of the buildings on the site. Bright, luminescent, or neon colors are prohibited.
f.
The blade tip or vane of any small-scale wind energy conversion system shall have a minimum ground clearance of 15 feet, as measured at the lowest point of the arc of the blades. No blades may extend over parking areas, public rights-of-way, driveways, or sidewalks.
g.
No illumination of the turbine or tower shall be allowed unless required by the Federal Aviation Administration (FAA).
h.
On a freestanding tower, any climbing foot pegs or rungs below 12 feet shall be removed to prevent unauthorized climbing. For lattice or guyed towers, sheets of metal or wood or similar barriers shall be fastened to the bottom tower section such that it cannot readily be climbed.
i.
No wind generator, tower, building, or other structure associated with a small-scale wind energy conversion system shall include any signage visible from any public street other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification.
j.
No small-scale wind energy conversion system intended to connect to the electric utility shall be installed until evidence has been provided to the Planning Director that the relevant electric utility company has been informed of the customer's intent to install an interconnected customer-owned generator.
k.
If use of the facility is discontinued for a continuous period of six months, the City shall deem it abandoned and provide the owner a written notice of abandonment stating that the owner has 90 days from the date of receipt of the notice to either resume use of the facility or file a notice of termination with the City. The owner shall remove the facility (including all towers, turbines, and above-ground structures and equipment) within 90 days after a notice of termination is filed.
(Ord. No. 2775, § VI, 7-15-2020; Ord. No. 2877, § XII, 12-15-2021)
4.4.1. - General
A.
Purpose. The purpose of this section is to authorize the establishment of certain temporary uses and structures, which are uses (including special events) and structures of a limited duration. This section also identifies the zoning districts in which temporary uses and structures are allowed, identifies what type of permit or review is required to establish them, sets out general standards applicable to all temporary uses and structures, and sets out any special standards applicable to particular temporary uses and structures. This section is intended to ensure that such uses or structures do not negatively affect adjacent land, are discontinued upon the expiration of a set time period, and do not involve the construction or alteration of any permanent building or structure.
B.
Organization of this Section. Table 4.4.2.C: Temporary Uses and Structure Table, in Sec. 4.4.2, Temporary Uses and Structures Table, shows whether a particular type of temporary use or structure is permitted or prohibited within the various zoning districts. Sec. 4.4.3, General Standards for All Temporary Uses and Structures, establishes general standards that apply to all allowed temporary uses and structures. Sec. 4.4.2.B, Standards for Specific Temporary Uses and Structures, establishes standards that apply to particular types of temporary uses or structures regardless of the zoning district in which they are allowed or the review procedure by which they are approved, unless expressly stated to the contrary. These standards may be modified by other applicable requirements in this LDC.
4.4.2. - Temporary Uses and Structures Table
A.
Organization of Temporary Uses and Structures
1.
Designation of Uses and Structures. The following abbreviations are used in the table to designate whether and how a temporary use or structure is allowed in a particular zoning district.
B.
Standards for Specific Temporary Uses and Structures. When a particular use or structure is permitted as a temporary use or structure in a zoning district, there may be additional regulations that are applicable to the use or structure. The existence of these standards for specific temporary uses and structures is noted through a section reference in the last column of the use table titled "Standards for Specific Temporary Uses and Structures." References refer to Sec. 4.4.4, Standards Specific to Temporary Uses and Structures. These standards shall apply to a particular use or structure regardless of the base zoning district where it is proposed, unless otherwise specified.
C.
Temporary Uses and Structure Table
4.4.3. - General Standards for All Temporary Uses and Structures
Unless otherwise specified in this LDC, all temporary uses and structures shall:
A.
Obtain any other applicable City, State, or federal permits;
B.
Not involve the retail sales or display of goods, products, or services within a public right-of-way, except as part of a City-authorized event;
C.
Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;
D.
Be compatible with the principal uses taking place on the site;
E.
Not have adverse health, safety, noise, or nuisance impacts on any adjoining permanent uses or nearby residential neighborhoods;
F.
Not include permanent alterations to the site;
G.
Not violate the applicable conditions of approval that apply to a site or a use on the site;
H.
Not interfere with the normal operations of any permanent use located on the property; and
I.
Be located on a site containing sufficient land area to allow the temporary use, structure, or special event to occur and accommodate associated pedestrian, parking, and traffic movement without disturbing environmentally sensitive lands.
4.4.4. - Standards Specific to Temporary Uses and Structures
The standards set forth in this subsection for a specific temporary use or structure shall apply to the particular individual temporary use or structure, regardless of the zoning district in which it is located or the review procedure by which it is approved, unless otherwise specified in this LDC. This subsection is intended to set forth and consolidate the standards for all temporary uses and structures for which a reference to this subsection is provided in the "Standards for Specific Temporary Uses and Structures" column of Table: 4.4.2.C, Temporary Uses and Structure Table. These standards may be modified by other applicable standards or requirements in this LDC.
A.
Construction-related Building, Structure, or Use. A construction-related building, structure, or use shall comply with the following standards:
1.
The temporary building, structure, or use shall not be moved onto the project site prior to the issuance of a building permit and shall be removed within 30 days after issuance of the final certificate of occupancy for the building or completed development.
2.
The temporary building, structure, or use may be placed on a property adjacent to the construction site if site constraints make it infeasible to locate the structures or facilities on the construction site, provided the adjacent site is restored to its previous condition within 60 days after issuance of the certificate of occupancy for the building or completed development.
3.
Adequate off-street parking for the temporary building, structure, or use shall be provided in accordance with the minimum standards for number of off-street parking spaces in Section 5.1, Off-Street Parking, Bicycle Parking, and Loading Standards.
4.
Construction site fencing may remain in place provided the building permit remains active and has not expired.
5.
The Director shall issue the temporary use permit for an appropriate period of time not to exceed 12 months and may extend the temporary use permit for an additional 12 months on finding that the building construction or land development is proceeding in a reasonably timely manner.
B.
Farmers' Market, Temporary
1.
The farmers' market shall operate only with written permission from the owner of the property on which it is located.
2.
The farmers' market shall operate for no more than 50 days in any one calendar year.
3.
The farmers' market shall be open only during daylight hours.
4.
Except as provided in provision e below, a farmers' market shall only be located on the open area or parking lot of private or publicly owned property.
5.
The farmers' market may operate inside a public or privately owned building during the months of December through March for a period not to exceed a total of 30 days.
6.
The farmers' market shall provide adequate ingress, egress, and off-street parking areas. Vehicular access to the subject property shall not be by means of streets internal to subdivisions or neighborhoods for single-family detached dwellings.
7.
Sales shall be limited to the retail sale of agriculture, aquaculture, and horticulture products produced by the vendor, including the sale of products made by the vendor from such products (e.g., baked goods, jams and jellies, juices, cheeses) and incidental sales of crafts or similar home-made products made by the vendor.
8.
Items for sale shall not be displayed or stored within customer pathways.
9.
The market shall have an established set of operating rules addressing the governance structure of the market, hours of operation, and maintenance and security requirements and responsibilities.
10.
The market shall have a manager authorized to direct the operations of all participating vendors during all hours of operation.
C.
Flea Market, temporary
1.
The market shall operate only with written permission from the owner of the property on which it is located.
2.
The market shall operate for no more than 30 days in any one calendar year.
3.
The market shall be open only during daylight hours.
4.
The market shall only be located on the open area or parking lot of property owned by a public agency or a not-for-profit organization.
5.
Stalls, sales tables, and any other facilities related to the flea market shall be located at least 25 feet from any adjoining street. If located within a parking lot, the facilities shall be located so as to provide sufficient parking facilities for the patrons.
6.
Market sales shall be limited to the retail sale of merchandise, collectibles, crafts, antiques, and other items, excluding automobiles, automobile parts, and non-portable household appliances.
7.
Items for sale shall not be displayed or stored within customer pathways.
8.
The market shall have an established set of operating rules addressing the governance structure of the market, hours of operation, and maintenance and security requirements and responsibilities.
D.
Garage Sale
1.
Sales are held no more than twice in a calendar year.
2.
Sales last no longer than three consecutive days.
3.
Sales are conducted on the owner's property. Multiple-family sales are permitted if they are held on the property owned by one of the participants;
4.
No goods purchased for resale may be offered for sale;
5.
All signs shall comply with Section 5.10, Signs.
E.
Model Sales Home/Unit. A single model sales home/unit may be located on a new development site and temporarily used for sales or leasing uses associated with a residential development, or mixed-use development with residential units, subject to the following standards:
1.
A model sales home/unit shall be located on a lot or building site approved as part of the development, or within a building approved as part of the development.
2.
A temporary use permit for the use shall be issued only when actual construction on or in the immediate vicinity of the development site necessitates the model sales home/unit. The permit shall be initially valid for no more than three years. The Planning Director may grant written extensions of this time period for up to three years per extension provided, however, the permit shall remain valid no longer than the time required for the construction of the development.
3.
Adequate measures shall be taken to ensure the use will not adversely affect the health and safety of residents or workers in the area, and will not be detrimental to the use or development of adjacent properties or the surrounding neighborhood.
4.
There shall be no more than one model sales home/unit per builder in the development.
5.
The building used as or containing a sales office shall comply with all building setbacks and other development requirements.
6.
The building shall be aesthetically compatible with the character of the community and surrounding area in terms of exterior color, predominant exterior materials, and landscaping.
7.
At least one parking space shall be provided for every 300 square feet of gross floor area devoted to the sales office use. Accessible parking for persons with physical disabilities is required.
8.
A model sales home/unit may be used for temporary sales/leasing until such time as the last lot is developed.
9.
On termination of the temporary real estate sales/leasing use of a model sales home/unit, the home/unit shall be converted into, or removed and replaced with, a permanent permitted use, and any excess parking shall be removed and landscaped in accordance with the development permits and approvals for the development.
10.
A model sales home shall not be used for storage of building materials.
F.
Seasonal Sales
1.
The display/sales area shall be located at least 25 feet from an existing street line and from any adjacent lot lines.
2.
Adequate measures shall be taken to ensure that the use will not adversely affect the health and safety of residents or workers in the area, and will not be detrimental to the use or development of adjacent properties or the general neighborhood.
3.
Off-street parking shall be adequate to accommodate the proposed sale of products.
4.
Shall be valid for no more than 45 consecutive days.
G.
Special Event
1.
Applicability
a.
All special events (including but not limited to cultural events, musical events, celebrations, festivals, fairs, carnivals, circuses, and communal camping) held on private property within the City shall comply with the requirements and standards in this subsection, unless exempted in accordance with section b below.
b.
The following events or activities are exempt from the standards of this subsection and may occur without a temporary use permit for a special event. They are subject to all other applicable procedures and standards of this LDC:
1.
Special events or activities occurring within, or on the grounds of, a single-family detached development.
2.
Block parties or neighborhood activities with fewer than 100 attendees.
3.
Any event sponsored in whole or in part by the City, the County, or the State.
4.
Any organized activities conducted at sites or facilities typically intended and used for such activities. Examples of such exempt activities include, but are not limited to, sporting events such as golf, soccer, softball, and baseball tournaments conducted on courses or fields intended and used for such activities; fairs and carnivals at fairgrounds; wedding services conducted at places of worship, reception halls, or similar facilities (not including agricultural or food and beverage production facilities); funeral services conducted at places of worship, funeral homes, or cemeteries.
2.
Standards. An application for a temporary use permit for a special event shall not be approved unless it complies with the following standards, in addition to the standards in Sec. 4.3.3, General Standards for all Accessory Uses and Structures:
a.
The application does not contain intentionally false or materially misleading information.
b.
There is a finding that the special event would not create an unreasonable risk of significant:
1.
Damage to public or private property, beyond normal wear and tear;
2.
Injury to persons;
3.
Public or private disturbances or nuisances;
4.
Unsafe impediments or distractions to, or congestion of, vehicular or pedestrian travel;
5.
Additional and impracticable or unduly burdensome police, fire, trash removal, maintenance, or other public services demands; and
6.
Other adverse effects upon the public health, safety, or welfare.
c.
The special event shall not be of such a nature, size, or duration that the particular location requested cannot reasonably accommodate the event.
d.
The special event shall not be at a time and location that has already been permitted or reserved for other activities.
3.
Conditions of Approval. In approving the temporary use permit for the special event, the Planning Director is authorized to impose such conditions upon the premises benefited by the permit as may be necessary to reduce or minimize any potential adverse impacts upon other property in the area, as long as the condition relates to a situation created or potentially created by the proposed special event. The Planning Director is authorized, where appropriate, to require:
a.
Provision of temporary parking facilities, including vehicular access and egress.
b.
Control of nuisance factors, such as but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat.
c.
Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards.
d.
Provision of sanitary and medical facilities.
e.
Provision of solid waste collection and disposal.
f.
Provision of security and safety measures.
g.
Use of an alternative location or date for the proposed special event.
h.
Modification or elimination of certain proposed activities.
i.
Regulation of operating hours and days, including limitation of the duration of the special event to a shorter time period than that requested or specified in this subsection.
j.
Submission of a performance guarantee to ensure that any temporary facilities or structures used for such proposed special event will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition.
4.
Duration of Permit. A temporary use permit for a special event authorized in accordance with this subsection shall be limited to a maximum duration of 14 days per site per calendar year, unless otherwise specifically authorized by the Director.
H.
Storage in Portable Shipping Container. Temporary storage in portable shipping containers shall comply with the following standards:
1.
Storage containers shall not exceed 160 square feet in floor area or be taller than eight feet.
2.
Containers shall be located within a driveway, parking, or loading area. In cases where the driveway, parking, or loading area extends behind the front façade of a building, the container shall be placed behind the front façade.
3.
In cases where improved driveways, parking, or loading areas are not present, containers shall be located so as to minimize their visibility from streets or adjacent residential areas, to the extent practicable.
4.
Nothing in these standards shall limit the placement of more than one container on a lot or site, provided compliance with all other applicable standards is maintained.
5.
Except for storage containers located on construction sites, storage containers shall not be located on an individual parcel or site for more than 30 consecutive days per site per occurrence.
6.
Storage containers may be placed on a residential site a maximum of two occurrences per year, per unit.
7.
A minimum period of six months is required between the removal of a storage container from a nonresidential site and the subsequent placement of a storage container on the site.
I.
Temporary use of an accessory use or accessory structure as a principal dwelling after a catastrophe. An existing structure that is accessory to an existing principal dwelling that has been damaged or destroyed by a fire, hurricane, or other physical catastrophe may be temporarily used as the principal dwelling on the lot while the damaged or destroyed principal dwelling is being repaired or reconstructed, provided it complies with the following standards:
1.
The building or inhabited part shall meet all applicable building, health, and other regulations for a habitable dwelling.
2.
The building complies with any additional standards set forth in a Declaration of Emergency issued by authorized officials in response to the catastrophe.
3.
The building is removed or converted to an authorized accessory use within 30 days after issuance of the certificate of occupancy for the permanent principal dwelling. In no case shall the building be used as the principal dwelling for more than two years unless authorized by a longer time period set forth in a Declaration of Emergency issued by authorized officials in response to the catastrophe.
J.
Temporary Use of Factory-Fabricated, Transportable Building. Factory-fabricated, transportable buildings that are designed to arrive at the site ready for occupancy (except for minor unpacking and connection to utilities), and for relocation to other sites, may be temporarily placed on land, subject to the following standards:
1.
The building may be placed on a lot and temporarily used only for the following purposes:
a.
Temporary on-site expansion of space for an existing community services use, government administrative offices, health care use, place of worship, public school, or other community-serving institutional use pending implementation of City-approved plans for the permanent expansion of existing facilities.
b.
Temporary on-site office space for construction management and security uses during construction of new development in accordance with City-approved plans.
c.
Temporary on-site office space pending completion of permanent office space if a building permit has been issued for the permanent office space.
d.
A temporary on-site space for real estate sales or leasing activities associated with a new development pending construction of the development.
e.
Temporary on-site space for recreational use for a new residential development pending construction of permanent recreational facilities approved as part of the development.
f.
A temporary building providing temporary quarters for the occupants of a principal dwelling or nonresidential building damaged or destroyed by a fire, hurricane, or other physical catastrophe while the dwelling or building is being repaired or reconstructed.
g.
A temporary room used as a bedroom and bathroom for the temporary care of a parent or grandparent who is elderly or disabled.
2.
Except as otherwise provided in this LDC, the temporary building may be located anywhere on the site except within the following areas:
a.
Existing required landscaping or perimeter buffer areas;
b.
Areas designated as future required landscaping areas, whether or not vegetation currently exists;
c.
Natural areas, floodplains, and environmentally-sensitive areas; and
d.
Other areas designated on the site for open space, vehicular access, or parking.
3.
Adequate off-street parking for the temporary building or room shall be provided in accordance with the minimum standards for number of off-street parking spaces in Sec. 5.1, Off-Street Parking, Bicycle Parking, and Loading Standards.
4.
All permits required by applicable building, electrical, plumbing, and mechanical codes shall be obtained before placement of the temporary building or room.
5.
The temporary building or room shall be compatible with any existing buildings on the site in terms of exterior color.
6.
The exterior of the temporary building or room shall not be used to display advertising other than signage authorized by Sec. 5.10, Signs.
7.
A temporary use permit issued for a temporary building in accordance with this subsection shall have a period of validity of 12 months or less, except the permit for the temporary room used as a bedroom and bathroom for the care of a parent or grandparent who is elderly or disabled may be for up to three years. The temporary use permit may be extended for an additional 12 months, up to three times, if a written request for an extension is submitted to the Planning Director 30 days prior to the expiration of the temporary use permit, except that an unlimited number of extensions are allowed for temporary classrooms for use as part of an existing public educational facility and for a temporary room used as a bedroom and bathroom for the care of a parent or grandparent who is elderly or disabled. In all other instances, the temporary building shall not remain on the site for more than four years.
8.
The temporary building shall be removed from the site within 30 days after issuance of the final certificate of occupancy for the permanent expansion, new development, permanent office space, permanent recreation facility, permanent facility, repaired or reconstructed dwelling/building, as appropriate, or the removal of the elderly parent or grandparent.
K.
Temporary Shelter for Commercial Displays, Sales, and Services. Promotional displays or sales, seasonal activities carload sales of products, sidewalk sales, and demonstration of products in a parking lot may be allowed in a trailer or tent, provided the temporary use permit is not valid for more than two months in a calendar year.
L.
Storage of Boats, Recreational Vehicles and Trailers. Boats, boat trailers, recreational vehicles, personal utility trailers and similar items may only be stored on the rear of the property, subject to the following conditions:
1.
In residential zoning districts, boats, boat trailers, recreational vehicles, personal utility trailers, and similar items may be parked only on the rear portion of a residential lot, at least ten feet from any side lot line and five-feet from a rear lot line.
2.
One boat, one boat trailer or one recreational vehicle may be parked in the front driveway (not yard) for a maximum period of 45 hours, for loading or unloading purposes.
3.
At no time shall any boat or recreational vehicle be resided in while being stored or parked on the residential property.
4.
Storage or parking of boats, boat trailers, recreational vehicles or utility trailers within a road right-of-way, swale or front yard is prohibited.
(Ord. No. 2877, § XIII, 12-15-2021)