These standards shall apply to regulate development allowed by this Code. The intent of this chapter is to promote development that is aesthetically pleasing, compatible with the community character of the Town of Astatula, properly served with necessary public facilities and services and compatible with neighboring uses. Design requirements are included for the following categories:

7.2 Roads, Sidewalks, Stormwater Management, and Flood Prone Areas

7.3 Hillside Development

7.4 Standard Streetlighting

7.5 Parking and Loading Areas

7.6 Water and Sanitary Sewer

7.7 Parks and Recreation

7.8 Swimming Pools

7.9 Fencing

7.10 Canopies

7.11 Concurrency Management

7.12 Satellite Dish Antenna

7.13 Cell Towers

7.1.1

General Requirements.

1.

Phased Development. Each phase of any development shall be designed and improvements installed so that the phase can stand on its own if subsequent phases are not developed.

2.

Maintenance. Maintenance of all improvements shall be the responsibility of the developer until such time as the Town explicitly accepts maintenance responsibility. Should the developer fail to properly maintain any improvements, the Town may, with notice, undertake the necessary maintenance and recover the cost of such maintenance from the developer.

(Ord. No. 2022-04, § 2(Att. B), 3-14-2022)

7.2.1.

General Requirements. Roads, Sidewalks, Stormwater Management and Flood Prone Area design shall conform to the most recent, adopted version of Lake County Land Development Regulations, Chapter IX - Development Design And Improvement Standards, and any associated appendices. Additionally, the Town may impose more rigid standards if it feels that the County design standards are insufficient in a given circumstance.

7.2.2.

Additional Requirements. In addition to the standard Lake County requirements, the following standards shall apply to all new developments:

a.

Internal subdivision streets shall have a minimum lane width of 11 feet.

b.

Roads designed with an open swale drainage system shall have a 12-inch ribbon curb along its edge.

c.

Roads designed with an open swale drainage system shall utilize the swales for conveyance of runoff only. Treatment of stormwater runoff shall be handled in a separate retention/detention facility.

d.

Residential developments consisting of more than 50 units in one or more phases shall establish two ingress/egress points, paved and designed to Town of Astatula standards or, where infeasible to establish two separate access points, shall establish a segregated-lane boulevard from the point of entry into the development to the internal point at which two internal streets provide traffic dispersion.

(Ord. No. 2022-04, § 2(Att. B), 3-14-2022)

In multifamily zoning districts, commercial zoning districts or new subdivisions, where the natural terrain of any lot or parcel, or any portion thereof has a cross slope of ten percent (a vertical rise of ten feet in a horizontal distance of 100 feet) or greater, that lot or parcel or that portion of the lot or parcel shall be considered to be in a hillside development area.

7.3.1.

Development of land in the hillside development area shall be subject to the special conditions listed below:

1.

Special yard, height, area coverage and density requirements in any residential zoning district shall be as follows:

a.

The maximum number of lots into which a parcel of land may be subdivided shall be the sum of the number of lots allowed in each category of land as shown by the following table:

7.3.2.

The cross slope of land shall be measured over a horizontal distance of not less than 100 feet, nor more than 200 feet, disregarding minor variations. All significant changes in grade shall be considered in determining such measurements.

7.3.3.

In no case shall residential lots contain an area less than the minimum area required by the zoning district in which such lots are located.

All excavated material shall be removed from the lot or contained behind retaining walls as necessary to prevent erosion.

(Ord. No. 2022-04, § 2(Att. B), 3-14-2022)

7.4.1.

Street lighting shall be provided in subdivisions. Lights shall be located at all intersections and the ends of culs-de-sac, and along internal roads spaced no greater than 300 feet apart. They shall be top shielding, downward directional lighting. Maintenance of streetlights within new residential developments shall be the responsibility of the developer or an established homeowners association. The Town of Astatula assumes no maintenance responsibility for street lighting as required by this section.

(Ord. No. 2022-04, § 2(Att. B), 3-14-2022)

7.5.1.

General.

1.

Permanent Reservation. Areas reserved for off-street parking or loading in accordance with the requirements of this section shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified, except where equivalent parking or loading space is provided.

2.

Determining Required Off-street Parking, Loading, and Unloading Spaces.

a.

When units or measurements determining the number of required off-street parking and off-street loading spaces result in a measurement of a fractional space, an additional space shall be added.

b.

As required under the off-street loading and unloading regulations set forth in subsection 7.5.10, the space provided for loading and unloading purposes shall not be construed as providing required off-street parking space.

3.

All parking requirements will follow American Disabilities Act (ADA) requirements.

7.5.2.

Off-street Parking Regulations. There shall be provided, at the time of erection of any main building or structure, or at the time any main building is enlarged or increased in capacity by adding dwelling units, guest rooms or floor area, minimum off-street parking space with adequate provision for ingress and egress. An off-street parking space shall consist of a minimum net area of 200 square feet, with a minimum width of ten feet and a minimum length of 20 feet, exclusive of access drives or aisles adjacent thereto. The following minimum number of spaces shall be provided.

1.

Dwelling Structures.

a.

Single, Duplex and Multifamily. At least two spaces for each dwelling unit shall be provided. In multifamily areas, at least one additional space per three units will be provided for visitors. For residential parking for structures within 50 feet of public right-of-way, the apron, driveway, and space for at least two vehicles (eight by 16 feet) shall be paved. Distance shall be measured from the right-of-way/property line to the front façade of the residential structure. Commercial vehicles with more than two axles are restricted from overnight parking in residential areas.

b.

Hotels and Motels. One space for each unit plus one space for every three employees plus parking as may be required for accessory uses. Parking for all accessory uses shall be one space per six people based on occupancy load requirements.

c.

Rooming and Boardinghouses. One space for each bedroom.

d.

Retirement Centers. One space per dwelling unit plus parking as may be required for accessory structures in accordance with established standards plus one space for each four licensed beds (if applicable) and one (1) per employee on the largest shift plus one per company vehicle.

e.

Nursing Homes/Adult Living Facilities. One space for each four licensed beds plus one per employee on the largest shift plus one per company vehicle.

2.

Commercial.

a.

General Business or Personal Service Establishments. One space for each 200 square feet of gross floor area.

b.

General Office Buildings. One space for 200 square feet of gross floor area.

c.

Medical Office Buildings. One space for each 150 square feet of gross floor area.

d.

Establishments providing retail sales. One space for each 200 square feet.

e.

Convenience Stores (with or without gas pumps). One space for each 200 square feet.

f.

Gas and Service Stations. Three spaces for each bay plus one space for each employee on the largest shift plus one space per 300 square feet of floor area used for repair work.

g.

Commercial Businesses not catering to the retail trade. One space for each two employees on the largest shift plus one space for each company vehicle operating from the premises.

3.

Industrial/Manufacturing. One space for each 500 square feet of gross floor area.

4.

Warehouse. One space for each 1,000 square feet of gross floor area.

5.

Kennels and Animal Hospitals. Four spaces plus one space for each 600 square feet of covered area over 3,000 square feet.

6.

Public Buildings. One space for each four seats in the main auditorium or place or assembly.

7.

Schools. One space for each 200 square feet of floor area.

8.

Child Care Centers. One space for each employee, plus one space for each ten clients.

9.

Libraries and Museums. One space for each 200 square feet of area open to the public.

10.

Churches, Temples, or Places of Worship. One space for each 200 square feet of floor area.

11.

Clubs or Lodges. One space for each four seats.

12.

Restaurants. One space for each 100 square feet of gross floor area.

13.

Wholesale Business. Two spaces for each employee.

7.5.3.

Off-Street Loading and Unloading Spaces. All buildings, which are erected, enlarged, altered or converted, shall provide off-street loading facilities so that vehicles engaged in loading and unloading of goods and materials will not interfere with the public use of streets, sidewalks and alleys by automotive vehicles and pedestrians. At a minimum, the following off-street loading and unloading spaces are required:

1.

Retail Business. One space of at least ten by 25 feet for each 3,000 square feet of floor area or part thereof.

2.

Wholesale, Industrial and Manufacturing. One space of at least ten by 50 feet for each 10,000 square feet of floor area or part thereof.

3.

Bus and Truck Terminals. Sufficient space to accommodate the maximum number of buses or trucks that will be stored and loading or unloading at the terminal at any time.

7.5.4.

Parking Space and Aisle Size Requirements. Off street parking areas shall be designed so as to meet the minimum dimensions as shown on the following table:

Minimum aisle widths shall be 12 feet for one-way traffic and 24 feet for two-way traffic.

7.5.5.

Lighting. Lights used to illuminate any off-street parking facility shall be arranged so as not to create a hazard or nuisance to traffic or to adjacent properties. Light height shall be limited to 35 feet and shall be downward directional lighting.

7.5.6.

Handicapped Access. Handicap accessibility to each principal building shall be provided from rights-of-way and parking areas by means of a pathway leading to at least one entrance generally used by the public, and shall be provided in accordance with the American with Disabilities Act (ADA) guidelines and requirements. Such pathway shall be clear of all obstructions prior to the opening of the building to the public. Where curbs exist along such pathway, as between a parking lot surface and a sidewalk surface, inclined curb approaches or curb cuts having a gradient of not more than one foot in 12 feet and a width of not less than five feet shall be provided for access by wheelchairs.

1.

Parking space reserved for handicapped. A parking lot servicing each entrance pathway required by this item shall have level parking spaces for physically handicapped persons in accordance with the following table or ADA requirements, whichever is greater:

7.5.7.

Construction Specifications. All parking lots, loading areas and vehicular use areas shall have durable all-weather drainage and surface water control except where specifically approved otherwise.

A.

Acceptable materials. A durable all-weather surface shall mean an improved surface of concrete, brick, asphalt, permanent porous grating or other permanent dust free surfaces.

B.

Bumpers, curbs, wheel stops and barriers.

1.

Parking spaces at the perimeters of the parking lots shall be provided with permanent curbs, bumpers, wheel stops or similar devices sufficient to ensure that parked vehicles do not reduce the minimum width of sidewalks, overhang, landscaped areas or other areas outside the parking lot, nor come in contact with walls, fences or buildings. The Town may also require such devices in other location where necessary to protect planting, structures, or other areas from vehicular encroachment.

2.

Wheel stop standards. The stopping edge shall be placed not less than two feet from the end of the parking space or curb, and so located that the wheels of a standard-sized car pulling into the space will ordinarily come into contact with it.

3.

Access barriers. Improvements shall be provided as necessary to prevent ingress and egress at any point other than designated driveways.

4.

Marking and signage of parking spaces. All parking spaces shall be marked on the pavement where alternative parking surfaces are used. Other directional information to assist traffic flow shall be provided by either pavement marking or signage.

7.5.8.

Unimproved Parking Areas. The Town Council may authorize or request that required off-street parking spaces and vehicular use areas remain as unimproved reserved areas if meeting the following conditions:

1.

Occasional parking. Up to 40 percent of required parking spaces may be unimproved, where the Town Council finds that the parking lot is to be used for occasional parking no more than two times per week; and provided that all accessways and aisles shall be paved.

2.

Temporary or interim parking. Up to 100 percent of required parking spaces may be unimproved, where the facility is a public use facility as recognized by the Town of Astatula or the facility will be used on only a temporary or interim basis (not more than 90 days per year).

(Ord. No. 2022-04, § 2(Att. B), 3-14-2022)

7.6.1.

Water Facilities. Until such time as central water service is available, approved wells or private central systems will be permitted as long as they conform to the standards of the Florida Department of Environmental Protection, and any other regulatory agencies which may have jurisdiction.

7.6.2.

Sanitary Sewer Facilities. Until such time as sewer service is available, approved septic systems will be permitted as long as they conform to the standards of the Florida Department of Environmental Protection and any other regulatory agencies which may have jurisdiction.

7.6.3.

Fire Protection and Hydrant Requirements. Water systems for fire protection shall be designed and constructed for an economic life of not less than 20 years and in accordance with the fire protection requirements of the Insurance Services Office (ISO). The standard water construction specifications shall be used as a minimum standards requirement.

Where this requirement cannot be achieved, design calculations shall be submitted in accordance with the appropriate pamphlet of the National Fire Protection Association, to provide ground or elevated storage and auxiliary pumps. Lines to which hydrants are connected shall be a minimum of eight inches in diameter. All mains shall be looped on the minimum size required for the area, when practical. Fire hydrants shall be spaced every 600 feet along the main in single-family residential areas and 300 for other development. Location of all hydrants shall be subject to the approval of the Town. Fire-flow tests will be conducted by the Town upon completion of construction and must conclusively demonstrate must conclusively demonstrate that engineering and construction standards have, in fact, produced the requisite fire flows prior to occupancy of the structure. The minimum fire flow must be 1,000 gallons per minute (gpm) with 20 pounds per square inch (psi) residual pressure in single-family residential areas for structures 11—30 feet apart and 750 gallons per minute (gpm) with 20 pounds per square inch (psi) residual pressure for other development, provided no other qualifications exist. Any corrective action required will be at the developer's cost and in accordance with the standards above. Exceptions may be made with the approval of the Town's Consulting Engineer.

7.6.4.

Fiber Optic for Major Site Plans and New Development. Any new development requiring a Major Site Plan or Subdivision Improvement Plan approval shall include in-ground fiber optic network conduit for the future installation of a fiber optic network. The conduit shall in the form of four-inch piping as per industry standards as approved by the Town Consulting Engineer. The installation shall include a tracing wire for future location of the pipe. The pipe shall be provided within a designated utility easement or within the rights-of-way within and / or adjacent to the proposed site and any cross streets being created. All conduit, cable, facilities, and appurtenances installed by private parties or developers or by persons or entities other than the town pursuant to this section shall be conveyed and dedicated to the town either with or as part of the dedication and conveyance of the public street and/or right-of-way to the town or otherwise.

7.6.5.

Fiber Optic for Projects Requiring Waterline Extensions. Any new development requiring a waterline extension as part of the approval process shall include in-ground fiber optic network conduit for the future installation of a fiber optic network along the route of the new waterline. The conduit shall in the form of four-inch piping as per industry standards as approved by the Town Consulting Engineer. The installation shall include a tracing wire for future location of the pipe. The pipe shall be provided within a designated utility easement or within the rights-of-way within and/or adjacent to the proposed site and any cross streets being created. All conduit, cable, facilities, and appurtenances installed by private parties or developers or by persons or entities other than the town pursuant to this section shall be conveyed and dedicated to the town either with or as part of the dedication and conveyance of the public street and/or right-of-way to the town or otherwise.

(Ord. No. 2022-04, § 2(Att. B), 3-14-2022)

7.7.1.

It is the intent of these regulations that properly located parks, playgrounds, and recreation facilities shall be provided. All new residential development is required to provide areas for active parks and recreation areas if determined to be required by the Town Council to meet the need required by the growth and population generated by the new development to fulfill the land needs as required by the Town of Astatula Comprehensive Plan Recreation and Open Space Element.

7.7.2.

Council shall make the determination of whether to require area for park and recreation areas. In making the determination, Town Council will consider the following factors:

a)

Need for additional park and recreation land within the Town.

b)

Topography of the land to other recreation facilities.

c)

Size of the development.

d)

Accessibility of area to other recreation facilities.

e)

Accessibility of area to transportation corridor.

f)

Availability of other recreation facilities in area.

g)

Type of development.

h)

Population expected in development.

i)

Type of recreational facility proposed.

7.7.3.

In order to obtain a determination by Council of this decision for additional lands prior to the preparation and submission of a preliminary plat, the Owner or Developer may submit the appropriate application to the Clerk for consideration by the Council who shall, if possible, make such determination within 30 days of receipt of the request.

7.7.4.

Parks and Recreation Impact Fees collected shall be used to acquire and/or develop capital facilities in order to benefit the new residents and shall be spent within three years of receipt in order to meet the need for parks created by new development and to provide a system of town parks available to and substantially for the benefit of the residents within the Town.

7.7.5.

Nothing in this Section 7.7 shall prevent a developer or homeowners association from constructing private park and recreation areas, which may be closed to members of the general public. All such private park and recreation areas shall be maintained by the homeowners association or developer.

(Ord. No. 2022-04, § 2(Att. B), 3-14-2022)

Swimming pools may be located in the rear yard but no part of a swimming pool shall be closer to the property line than the minimum side yard setback requirement. However, in no instance shall the pool be closer than 25 feet from a public right-of-way unless a concrete block wall is constructed with a minimum height of four feet and a maximum height of six feet. A swimming pool shall include the pool, deck, the pool enclosure, the pump, and all fountain, waterfalls, and planters appurtenant to the use, operation, and enjoyment of the pool. All swimming pools shall be completely enclosed by a screened enclosure or by a wire, metal, or wooden fence not less than four feet and not more than six feet in height. The fence shall be sufficiently constructed to prevent access to the swimming pool by children who do not reside on the premises or who are not invitees of the owner or lessee of the swimming pool. Each fence shall meet the minimum standards for fence construction as outlined in Section 7.9. The requirements of this article shall not apply to swimming or wading pools whose maximum depth is 18 inches or less measured from the surface water level to the bottom of the pool.

(Ord. No. 2022-04, § 2(Att. B), 3-14-2022)

7.9.1.

Type of Fences. Front yard fences may be comprised of materials which can be solid (opaque) materials up to four feet in height. The maximum fence height is six feet. If over four feet (and up to six feet) the fence must allow 85 percent of air and light to penetrate through the fence. Allowed materials may include wood, chain-link, vinyl, concrete masonry wall brick, wrought or ornamental iron or decorative wire. For Agricultural uses fences commonly referred to as goat fences, cattle fences, field fences or horse fences shall be permitted. Agriculture type electric wiring may be installed only on the interior portion of the fence and will be allowed in all zoning districts.

7.9.2.

Barbed Wire or Barbed Wire Top Fence. Barbed wire fences may be constructed only in agriculture zoning districts. Fences with barbed wire placed on the top are allowed in commercial and industrial zoning districts if the barbed wire top is placed on top of a six-foot wall or fence.

7.9.3.

Height of Fences. Fences in all residential zoning districts shall be limited to six feet in height in the rear and side yard and four feet in the front yard unless the fence is located at a minimum of the front yard zoning setback, unless the property is greater than two acres, provided the proposed fence does not encroach into the sight triangle created at the intersection of two rights-of-way. If the front yard zoning setback is met then a six-foot fence or wall will be allowed. If over four feet, (but limited to six feet) front yard fences built in the front yard setback must allow 85 percent of air and light to penetrate through the fence.

Fences and walls constructed in commercial, industrial and agricultural zoning districts shall be limited to a maximum of eight feet in height on all sides provided the proposed fence or wall does not encroach into the sight triangle created at the intersection of the two rights-of-way.

Perimeter fences for standard athletic uses not including uses such as baseball backstops and tennis court enclosures may exceed six feet in height.

7.9.4.

Property Lines. Fences shall be constructed within the property line of the lot. Damage to town-owned utilities during fence installation shall be repaired immediately at the expense of the property owner. Furthermore, the Town may enter the easement area without prior notice to make any repairs and maintenance it deems necessary and shall not be responsible for any damage to the fence in the easement area. If a permanent removal of a section of any fence constructed on an easement is requested by the Town, the fence must be removed from the property by the owner within the time specified by the Town. No fence shall be constructed which obstructs motorist visibility.

7.9.5.

General Business Commercial District. In the C-2 zoning district, fences and walls up to six feet in height shall be permitted so long as the front yard zoning setback is met. If over four feet (and up to six feet) the fence must allow 85 percent of air and light to penetrate through the fence if built in the front yard setback. If the front yard zoning setback is not met, then the fence along the front property line will be limited to four feet in height.

7.9.6.

Agriculture or Conservation Districts. Barbed wire fence headers shall be permitted with the approval of the Town. Also, any interior fencing constructed on a lot being used for agricultural uses, shall not be required to first obtain a building permit.

7.9.7.

Permit Required. All applications for building permits for fences, walls or buffer strips shall state whether such is to be placed at or near a boundary between the property of the applicant and adjoining property, and also whether there is any fill, slanting, elevation or other difference in the level of grade between the properties. In the event there is a grade difference, the Town may require that the applicant cut the height by such amount as will be necessary to compensate for such difference in grade so as to make the fence not in excess of the maximum permitted as the same affects the natural grade of the adjoining property. The purpose of this section is to protect the rights of adjoining property owners, and not have fences in excess of the heights set forth in this Code. Walls or fences, authorized by this section, must be constructed so that the exposed framing of each section of fence must face the interior yard. Walls or fences must also be constructed so that the finished and most aesthetically pleasing side of the wall or fence faces outward. The construction of any fence shall require a building permit from the Town of Astatula. Before the building permit is issued, the applicant shall submit his / her plans which shall show the dimension of the property, the type of fence proposed to be constructed and its location on the property. Upon approval by the Mayor or designee, a building permit may be issued.

7.9.8.

Maintenance. Owners of the property where fences are constructed are required to maintain the fence and to keep it in proper working order, and to ensure that it shall be aesthetically pleasing. The exposed nib end of any chain link fence shall face the ground when within six feet from any sidewalk. The Town Council shall be authorized to order the removal or reduction in height of any fence, wall or other structure which exceeds the height of this Code or which constitutes a hazardous obstruction to the vision of vehicle operators upon the streets, roads and alleys of the Town, or is designed or constructed in such a manner as to crate a hazard to the public. Failure to comply with a directive issued pursuant to this paragraph shall constitute a code violation.

7.9.9.

Nonconforming fences. No nonconforming fence shall be altered, or extended unless brought into conformance with the requirements of this Code. No fence shall be considered to be a nonconforming fence if it was erected without the approval of the Town and without a building permit having been obtained, or if the fence was constructed contrary to the provisions of a building permit. Any such fence shall be considered unlawful and shall be subject to removal.

7.9.10.

Pools and Screen Enclosures. No pool, including the surrounding patio, shall be located closer to the side yard property line of the lot, parcel, or piece of land upon which the pool is located, than the distance required by the zoning regulations of the Town for side and rear yards in the zone in which the property is located; nor shall any part of the pool structure within and including the coping intrude upon any easement. However, in no instance shall the pool be closer than 25 feet from a public right-of-way unless a concrete block wall is constructed with a minimum height of four feet and a maximum height of six feet. No pool shall be located nearer to the front line of the lot, parcel, or piece of land than the main or principal building or residence to which the pool is an accessory. For waterfront lots, a pool shall be located not less than 25 feet from the present or proposed high-water control level of the lake. All distances shall be measured from the outside edge of the patio or pool coping; whichever is closer to the property line. Screen enclosures shall not be located closer to the side yard or rear yard requirements established by the zoning regulations of the Town for the lot, parcel, or piece of land upon which the pool is located. On lakefront property, no screen enclosure shall be erected less than 25 feet from the ordinary high water line.

(Ord. No. 2022-04, § 2(Att. B), 3-14-2022)

7.10.1.

Definitions.

A.

Canopy. A structure consisting of a wooden, plastic, or metal frame with a cover of cloth, rubber, or plastic fabric attached to the ground only by tie-downs.

B.

Temporary Canopy. A canopy erected for 14 days or less within any 60-day period.

C.

Semi-Permanent Canopy. A canopy erected for more than 14 consecutive days.

D.

Permanent Canopy. A canopy permanently attached to the ground by means of concrete or buried structural members excluding tie-down stakes.

7.10.2.

Placement.

A.

Semi-Permanent Canopies. When placed in the front yard, semi-permanent canopies must meet all front and side yard setback requirements of the Astatula zoning rules and regulations. When placed in the side or rear yard, the setback shall be one-half the setback requirement of permanent structures.

B.

Permanent Canopies. Permanent canopies must comply with all building codes of the Town of Astatula and all setback requirements of the Astatula zoning rules and regulations.

7.10.3.

Building Permits.

A.

Temporary Canopies. Temporary canopies do not need a building permit.

B.

Semi-Permanent Canopies. A semi-permanent canopy requires the same building permit as a fence. The property owner shall locate the survey markers and place the canopy within the proper setbacks. Canopies of 150 square feet or less do not need a building permit and can be placed in the side or rear yard with a three-foot setback.

C.

Permanent Canopies. Permanent canopies require a building permit.

7.10.4.

Miscellaneous.

A.

Car covers or tarps draped over vehicles, boats, or equipment are not canopies.

B.

All canopies must be kept in good repair at all times.

(Ord. No. 2022-04, § 2(Att. B), 3-14-2022)

7.11.1.

Concurrency Evaluation. The Concurrency Management System (CMS) shall measure the potential development of impact of any development activity upon the minimum acceptable Level of Services established in the Comprehensive Plan. The CMS shall ensure compliance with F.S. § 163.3177(10)(h), which requires that facilities and services needed to support development are available concurrent with the impacts of development. Any party pursuing approval of a zoning action or any development order shall obtain a valid "concurrency evaluation certificate" approved by the Town Council, or its designee.

A.

In general, a concurrency evaluation leading to a determination of non-deficiency shall be required prior to approval of all rezoning requests for developments of five acres or more.

B.

A concurrency evaluation satisfying one of the following methods, which assure available public facilities and services, shall be required prior to approval of all final development orders.

1.

Non-deficiency of public facilities and services.

2.

Public facilities and services shall be in place when impacts of development occur or guaranteed by Development Agreement.

3.

Linked to an approved Capital Improvement Program. Mechanisms for "pay-in-lieu of" fees or developer "pay back schedules" are an option subject to criteria under Development Orders/Approvals.

4.

Public School Facilities.

C.

The CMS shall measure the potential impact of any development permit proposal upon the minimum acceptable Level of Service (LOS) in accordance with the Capital Improvements Element of the comprehensive plan, i.e. roadways, solid waste, potable water, drainage, wastewater and recreation.

D.

The CMS shall determine the amount of available capacity for all facilities and services and assign reservation through issuance of Certificate of Concurrency (COC), signifying capacity availability. The most current available information, unless otherwise noted, regarding the above public facilities and services shall be utilized for Concurrency Evaluation. If the applicant increases the intensity or density of the development project proposal during any stage in the development approval process, a new concurrency evaluation and subsequent Certificate will be required based upon accurate data.

7.11.2.

Development Orders, Approval and Conditional Approval.

A.

Rezoning applications and annexation requests may be conditionally approved by the Town Council or its designee if deficient public facilities are scheduled for improvement within the Five Year Schedule of Improvements. The improvement must provide a level of service sufficient to accommodate the potential impact of the proposed development as set forth in the Capital Improvements Element of the Astatula Comprehensive Plan. Each approval shall be conditional in nature and shall not entitle the applicant to proceed with the development unless the public facilities are available concurrent with impacts of development.

B.

Conceptual site plans, nonresidential site plans, and conditional use permits may be conditionally approved if a deficient public facility is scheduled for improvement within the Five Year Schedule of Improvements within two years from approval of the plan or is part of a binding developers agreement requiring the construction of the public facility concurrent with the impacts of the proposed development, and will provide a level of service sufficient to accommodate the potential impact of the proposed development as set forth in the Capital Improvements element of the Astatula Comprehensive Plan. Each approval shall be conditional in nature and shall not entitle the applicant to proceed with the development unless the public facilities are available concurrent with the impact of development.

C.

Building permits and Final Plats with bonds paid prior to construction may be approved if a deficient public facility is scheduled for improvement in the annual Capital Improvements Budget, or is under construction, or is under contract for construction, or is part of a binding developers agreement requiring the construction of the public facility concurrent with the impacts of the proposed development, and the improvements will provide a level of service sufficient to accommodate the potential impact of the proposed development as set forth in the Astatula Comprehensive Plan.

7.11.3.

Levels of Service.

A.

Minimum Levels of Service Established. The following Levels of Service which shall be used for the concurrency review(s) are adopted for Traffic Circulation, Potable Water, Sanitary Sewer, Recreation and Open Space, Solid Waste, and Stormwater/Drainage in the Capital Improvement Elements of the Astatula Comprehensive Plan.

1.

Traffic Circulation. Level of Service Standards (peak hour) for the below listed roadway classifications:

Principal Arterials (none are present)       D

Minor Arterials (none are present)       D

Major Collectors (CR 455)       D

Minor Collectors (None are present)       D

Local Roadways (All roadways not classified as collectors or arterials)       D

B.

Potable Water. Residential Level of Service: 126 gpd/capita on a central water system when available.

Note: All residential and commercial on individual wells.

C.

Sanitary Sewer. 111 gpd per capita for land uses on a central sewer system when available.

Note: All residential and commercial on individual septic systems. Minimum Design Capacity for Septic Tanks: 750 gallons.

D.

Recreation/Open Space. Park Acreage Level of Service: six acres per 1,000 residents on a Town wide calculation.

E.

Solid Waste. Level of Service: three pounds daily per resident.

F.

Public School Facilities. Storm Water Management:

1.

Design Storm. The following LOS will be used:

7.11.4.

The Methodology for Determining Levels of Service.

A.

The Traffic Circulation LOS shall be determined by:

The lowest quality design hour, which shall represent the 30th highest hour of traffic, as determined by the Florida Department of Transportation from the most recent traffic count taken for that segment of roadway which the development abuts and any additional capacity to be provided by new facilities that will become available concurrent with the impact of the development. Capacity Manual, the Florida Department of Transportation Generalized Level of Service Tables and Lake County Traffic Count data and Level of Service data will be used to determine existing Levels of Service.

1.

To this background traffic and Level of Service, development impacts may be added by using the trip rates set forth in the most recent Institute of Transportation Engineers (ITE) Trip Generation Manual.

B.

The Levels of Service for water and sewer shall be determined by:

1.

Adding the total capacity of existing facilities as set forth in the most recent data published by the Town department responsible for said public facility and any additional capacity to be provided by new facilities that will become available concurrent with the impact of the development.

2.

Then subtracting from that number the existing demand as measured in the most recent operations report. This total is an indication of the reserve capacity available for new development.

3.

The impact of development on this reserve capacity can be measured by using the minimum demand factor of 111 gallons per day for sanitary sewer systems, and the water demand factors of:

Residential: 111 gallons per day per resident ^*

* 750 gallons is the design capacity and level of service for those on septic tanks.

C.

The Levels of Service for Recreation and Open Space, and Community Facilities shall be determined by:

1.

Adding the total capacity of existing facilities and services as set forth in the most recent data by the Town department responsible for said public facility or service.

2.

Subtracting from this total capacity the current demand based upon current population. This results in the reserve capacity available for new development.

3.

The impacts of development on this reserve capacity can be measured based on the proposed population of the development being measured.

D.

The Town of Astatula maintains its own public service for the collection of solid waste. The Level of Service set forth in Section 7.12.3.E above is a regulatory level of service. As such this Level of Service Standard is to be reviewed and maintained as part of the Town's annual budget process and coordinated with the contractor.

E.

The stormwater/drainage Level of Service is also a regulatory standard to be reviewed and maintained during the review of each development approval issued by the Town.

F.

Methodology for determining Levels of Service.

7.11.5.

Administration of Concurrency Review and Approval.

A.

The Town Council or its designee shall have the responsibility of conducting concurrency reviews as part of the issuance of any development approval. Said review may be issued for information only purposes and if so issued, shall not vest the holder or property owner with any development rights. The vesting of development rights shall only occur when a Certificate of Concurrency is issued as required as part of another permit or development order as set forth below.

B.

Once a Certificate of Occupancy has been issued in conjunction with a development order (permit), it shall remain in effect and vest the holder of said permit with the development rights as set forth therein based upon the following performance time periods:

1.

Certificate of Concurrency shall be required as a condition of issuance of any building permit. Once issued, the building permit and Certificate of concurrency shall be vested for a period of one year, within which the first required building inspection must occur. Said vesting shall remain in effect so long as construction continues and shall become void if there is a lapse in continued construction for a period of six months.

2.

Site plan reviews and subdivision plats shall also require a Certificate of Concurrency which will assure concurrency capacity for the following development actions for the time period stated therein:

a.

Nonresidential site plans. One year from the date of approval by the Town Council or its designee as required. If a building permit has not been issued within this time period, the approval shall become void.

b.

Preliminary Development Plans. One year from approval by the Town Council, within which time period of a Final Development Plan or Final Plat must be approved. In the case of a phased project, total vesting for overall Preliminary Development Plan shall not exceed two years.

c.

Final plats. Three years from the date of approval and said vesting shall be applicable to all residential lots contained in the approved final plat.

C.

If proof can be shown to the satisfaction of the Town Council or its designee, that a good faith effort has been made over the period stated above, and that through no fault of his own, the developer has not received financing or has not obtained a building permit or final plat, an additional 90-day extension may be granted by the Town Council or its designee upon formal application for same by the developer, stating the effort taken and the reason(s) for the administrative extension.

D.

Concurrency Review Fees. Concurrency Review Fees have been adopted by Ordinance. A copy can be obtained from the Town Clerk.

E.

There will be three levels of Concurrency Review: (1) Conceptual Review; (2) Preliminary Development Plan Review; and (3) Final Development Plan Review. The applicant shall provide the Town Council or its designee with the following information at the time of application for each type of concurrency review:

1.

All information applicable to the general update on capacities as may be requested by Town Staff to respond to a request for an independent general update.

2.

All information required for the development order requested on the forms provided.

3.

Any unusual or extraordinary use of public facilities or services that would exceed normal use for the property and / or permit applied for.

7.11.6.

Annual Concurrency Report.

A.

At least once per year during the initiation of the Capital Improvement Program / Budget Process, a Concurrency Management Report will be drafted by the Town Council or its designee and forwarded to the Commission (acting as the Local Planning Agency). The report will serve as a summary of the current status of the Concurrency Management System (CMS) and the Capital Improvement Program, and provide for recommendations from the LPA and policy direction from the Town Council. At a minimum the report shall contain:

1.

Update of capacities, demands, and existing Levels of Service for the public facilities and services.

2.

Summary and projections of expected development activities and their impact on capital improvement needs.

3.

The fiscal resources to be utilized to support identified needs and the feasibility of implementing new resources.

4.

Recommended changes, modifications or amendments to the Schedule of Improvements in the Capital Improvements element of the Comprehensive Plan and the Capital Improvements Program of the Town.

(Ord. No. 2022-04, § 2(Att. B), 3-14-2022)

7.12.1.

All satellite dish antenna installations for residential satellite dishes more than three feet in diameter, and commercial dishes more than six feet in diameter shall meet the following requirements:

A.

The satellite dish antenna shall be considered an Accessory Structure requiring a Building Permit to be issued prior to installation. Subsequent to installation, the antenna shall be maintained in compliance with all applicable Building and Electrical Codes.

B.

The satellite dish antenna installation and any part thereof shall maintain vertical and horizontal clearances from any electric lines and shall conform to the Town and County adopted National Electrical Code.

C.

The satellite dish antenna installation shall meet all FCC and manufacturer specifications, rules, and requirements.

D.

The installer of any satellite dish antenna, prior to permit approval, shall submit detailed blueprints / drawings of the proposed satellite dish antenna installation and foundation which shall be certified by the manufacturer or a Professional Engineer or Architect.

E.

The satellite dish antenna installation, whenever possible, shall be permitted to be placed in side and rear areas of the main dwelling or commercial structure or shall be screened from sight.

F.

The satellite dish antenna shall, the maximum extent possible, be screened from view of a right-of-way.

(Ord. No. 2022-04, § 2(Att. B), 3-14-2022)

7.13.1.

Cell towers may only be installed in the I-1 (Light Industrial), I-2 (Heavy Industrial) and U (Utility) Districts and must be approved by the Town Council.

(Ord. No. 2022-04, § 2(Att. B), 3-14-2022)