This article sets forth the basic procedures and provisions for the administration of this zoning code. Such administration shall be done by the building official and development services director through the use of building permits, site plan approvals and certificates of zoning compliance.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

(a)

Generally. The City Commission may amend zoning of a parcel or parcels of land only after the Planning and Zoning Board, established pursuant to division 5 of this article, has considered the matter and made a recommendation to approve, deny or is deadlocked. Changes may be proposed by the City Commission, by the Board or by affected property owners. The Board must hold at least one public hearing on the proposed change and submit its recommendations to the City Commission in writing. The City Commission must then conduct its own public hearings and then act on the proposed changes, considering the recommendation from the Planning Commission as to approval, denial, approval with conditions or deadlock.

(b)

Rezoning. In cases of rezoning, the City Commission shall hold two public hearings, each to be held after 5:00 p.m. The development services director shall give due public notice of the City Commission's consideration of such rezoning request, in accordance with section 134-5. Such public notice shall be advertised in a newspaper of general circulation in the City; shall contain the date, time and place of the public hearing; shall advise the place where the ordinance may be inspected; shall advise that interested parties may appear and be heard; and shall advise the title and substance of the proposed ordinance. The advertisement shall contain a location map. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. In addition, similar notices setting forth the time, place and purpose of such hearing shall be mailed to the last known address of each owner of property within 300 feet of the subject property, 30 days prior to the public hearings. Such notices shall also be posted in a conspicuous place on or around such lots, parcels or tracts of land as may be involved in or directly affected by the hearing. Proof of the required publication, mailing and posting shall be maintained by the development services director.

(c)

Waiver. An amendment which does not rezone real property or amend the land use plan may be adopted as an emergency measure without complying with the public notice requirements of F.S. § 166.041.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

State Law reference— Procedures for adoption of ordinances, F.S. § 166.041.

All persons shall pay planning and zoning fees in the amounts set forth in appendix "B", table 2, "building and development fees".

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Cross reference— Appendix B, table 2.

The building official and development services director shall be designated by resolution by the City Commission. The City Commission may also by resolutions from time to time designate persons to replace or assist such officers. Personnel designated to assist either such officer shall have the same authority under this chapter as such officer.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

(a)

The development services director shall be responsible for issuing all certificates of zoning compliance required by this chapter; for approving all site plans except those required for properties in the historic district; and for advising the City Commission concerning site plans for properties in the historic district and applications for rezoning to the planned development district. Certificates of zoning compliance and site plan approvals shall be given only in full compliance with this chapter. No certificate of zoning compliance or site plan approval which is not in full compliance with the conditions, limitations and requirements of this chapter shall be valid.

(b)

The development services director shall promptly investigate all complaints or alleged violations of this zoning code and shall:

(1)

Inform complainants of all findings and actions.

(2)

Act to prevent violations and to detect and secure the correction of violations.

(3)

Notify violators in writing indicating the nature of the violation and ordering remedial action.

(4)

Order the discontinuance of the illegal use of land, buildings or structures; the removal of illegal building or structures or additions, alterations or structural changes; the discontinuance of any illegal work being done; or shall take any other lawful action authorized by this chapter necessary to ensure compliance with or to prevent violation of this chapter.

(5)

Develop such administrative procedures and forms as are necessary to uniformly enforce this zoning code.

(6)

Maintain written records of all official actions taken.

(7)

Explain the various schedules as they apply to specific requests for zoning approval.

(8)

Receive, transmit or otherwise act upon applications for zoning amendments, site plans, request for annexation, etc.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The building official shall be responsible for issuing all building permits required by this chapter or any building code or other ordinance adopted by the City Commission. Building permits shall be issued only for development or construction after a certificate of zoning compliance has been obtained. No building permit issued by the building official for any development or construction which is not in full compliance with the conditions, limitations and requirements of this chapter shall be valid.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Prior to obtaining any required building permit, dividing or changing the size or configuration of any lot of record preparing a site or grading or changing the use of any land within the City, a certificate of zoning compliance must be obtained. It shall be unlawful for any person to do or perform or create, or to cause to be done or performed or created, any such act or activity or use of land without having first obtained a certificate of zoning compliance required by this chapter.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

An application for a certificate of zoning compliance shall be made to the development services director, accompanied by the required filing fee and three copies of each of the following items of information:

(1)

A legal description for the property, including the parcel number.

(2)

A declaration of ownership of the property for which the certificate is requested and, if the application is filed by persons other than the owners, written authorization from the owners.

(3)

Either an approved site plan as may be required in this chapter or a detailed sketch depicting the boundaries of the land in question, indicating existing structures and uses, specifying proposed construction or development incident to the proposed use, including all structures, fences and paving, and showing the required setback lines for the proposed use pursuant to the applicable zoning district requirements.

(4)

Number of parking spaces required and/or provided.

(5)

Any other information which the development services director has deemed necessary in the initial meeting with the applicants to determine conformance with and to provide for the enforcement of this chapter.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The development services director shall approve or deny certificates of zoning compliance. One copy will remain with the development services director and one with the building department. After approval, a copy of the certificate of zoning compliance and site plans shall be forwarded to the city engineer for approval.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

(a)

If the proposed use for which a certificate of zoning compliance is issued or construction for such use is not begun within one year of issuance of the certificate of zoning compliance, the development services director shall declare such certificate of zoning compliance to be expired after which it shall not have lawful effect. At the request of the applicant and for good cause shown, the development services director may extend the effective period of a certificate of zoning compliance for an additional year.

(b)

Upon finding that any use authorized by a certificate of zoning compliance or construction to facilitate any use is not being conducted or performed in accordance with the terms of such certificate or requirements of this chapter, the development services director shall revoke such certificate of zoning compliance, shall notify the owner (as shown by the most recent tax rolls) of the property for which such certificate was issued why it is being revoked. After a notice of revocation, the property owner shall have seven days in which to cure any violation or noncompliance to the satisfaction of the development services director to have such certificates of zoning compliance reinstated.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

No building or other structure shall be erected, moved, added to or structurally altered, and no property may be site-prepared without a building permit therefor issued by the building official.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

An application for a building permit shall be made to the building official and shall include the following items of information:

(1)

A valid certificate of zoning compliance for the proposed use of the property.

(2)

A detailed site plan that clearly depicts the improvements to be constructed or altered, the boundaries of the property, setbacks, easements, existing improvements. Said detailed site plan shall be sworn to for accuracy by a contractor, engineer, surveyor or the homeowner.

(3)

Proof that any special exception, variance, other special permit or approval required for the proposed use has been obtained.

(4)

A declaration of ownership of the property for which the permit is requested and if the application is filed by persons other than owners.

(5)

Three copies of plans as required by section 134-341.

(6)

Any other information, which the building official has deemed necessary in the initial meeting with the applicant to determine conformance with and to provide for the enforcement of this chapter and the city building codes. This additional information may include an accurate survey of the property, certified by a licensed engineer or surveyor.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

After receiving a complete application for a building permit, the building official shall either approve or reject the application. If the proposed development or construction, as described and depicted by the applicant, is in compliance with all the requirements of this chapter and the building code, the building official shall approve the application in writing and forward to the development services director copies of any permits issued. If the proposed development or construction, as described and depicted by the applicant, is not in compliance with all of the requirements of this chapter and the building code ordinance, the application shall be rejected. A written rejection describing the reasons therefor shall be provided to the applicant.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The building inspection and permit fees set forth in appendix "B", table 2, "building and development fees" shall be paid by all persons obtaining building permits or utilizing the delineated services of the City.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Cross reference— Appendix B, table 2.

(a)

Creation. There is hereby created a Planning and Zoning Board, which shall be referred to as the Planning and Zoning Board and may be referred to in this chapter as the "board."

(b)

Appointment. Regular members of the board and the alternate shall be appointed by the city commission. Appointments shall be made on the basis of experience, civic involvement and interest in planning and zoning matters, at the sole discretion of the city commission.

(c)

Membership. The board shall consist of five regular members and one alternate.

(1)

Term of office. The regular members shall serve for a term of three years, and alternate members shall serve a term of one year, unless they are appointed to replace an existing member of the board. An alternate appointed to replace an existing member of the board, shall fulfill the term of the member replaced.

(2)

Residency requirement. Members of the board, including the alternate, shall be residents of the city, shall be registered voters therein and shall not be delinquent in payment of property taxes for property within the corporate limits of the city.

(3)

Alternates. The city commission will designate alternates as such. Such alternates may act in the temporary absence or disability of any regular members upon request by the chair of the board.

(4)

Vacancy. An appointment to fill any vacancy on the board shall be for the remainder of the unexpired term of office. It shall be the duty of the chair of the board to notify the city commission within ten days after any vacancy shall occur among the members of the board and may make a recommendation for a replacement following an advertisement of the vacancy, if necessary. The city commission shall promptly fill such vacancy.

(5)

Absenteeism. If any member fails to attend two of three successive meetings without cause and without prior approval of the chair, the board shall declare the member's office vacant, and the city commission shall promptly fill such vacancy.

(6)

Removal. Members of the board may be removed from office for cause by the affirmative vote of three members of the City Commission upon written charges and a public hearing unless waived in writing by the member sought to be removed. As used in this section, the term "cause" shall include, but not be limited to, conviction of a felony, failure to disclose a conflict of interest, frequent absences from meetings.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The board shall endeavor to hold at least one regular meeting per month. Special meetings shall be held at the call of the chair or two members of the board. Workshops shall be called as deemed necessary by the board.

(1)

Chair, vice-chair. The members of the board shall elect a chair and a vice-chair, who shall be voting members, from among the members of the board.

(2)

Quorum. The presence of three or more members, including the alternate if asked by the chair to serve, shall constitute a quorum of the board.

(3)

Voting and decisions. In all matters coming before the board and for recommendations to the City Commission for change of zoning classification, variances, special exceptions and proposed annexations, decisions of the board shall be made by a majority vote of the quorum present.

(4)

Rules of procedure. The board shall adopt rules for the transaction of its business.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The board shall keep minutes of its proceedings, which shall be a public record and which shall show the vote of each member or, if absent or failing to vote, indicating such fact. The board shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

No member of the board shall hold any other office in any municipality or government in the county, except for voluntary boards for the City. Such voluntary boards which are exempt from the prohibition of this section shall include, but not be limited to boards such as the police pension board, or any other ad hoc board the commission may need appoint from time to time.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Members of the Board shall receive no salaries or fees for service on the board but may receive actual and necessary expenses incurred in the performance of their duties of office.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Members of the Board called on to sit in a particular case may not abstain from voting unless they have a conflict of interest as provided by Florida law.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The City Commission may appoint legal counsel for the Board.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The cutoff date for all applications to the Board shall be established by the City of Belleview Development Services Director.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The Board shall be responsible for performing the functions of reviewing the city comprehensive plan on a regular basis and providing to the elected officials their recommendations as to any changes considered to be necessary or appropriate by the Board. The Board is designated and established as the local planning agency for the City in accordance with chapter 122 of these land development regulations.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

(a)

The Board shall, upon a written application, hear all rezoning requests. The Board shall then make a recommendation to the City Commission to deny or grant the request with the comprehensive plan, existing patterns of land use and traffic circulation patterns.

(b)

It shall be understood by the petitioner that a property owner shall not initiate action for a zoning amendment affecting the same parcel of land more often than once every six months following denial or once every 12 months following approval.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Applications shall be made to the Board on all proposed annexations. The Board will review the annexations and make their recommendation to the City Commission. (See article VII of this chapter, zoning following annexation).

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

In exercising its powers, the Board may, upon appeal and in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decisions or determination made by an administrative official in the enforcement of this zoning code and may make a necessary order, requirement, decision or determination and, to that end, shall have all the powers of the officer from whom the appeal is taken. The concurring vote of a majority of all members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which the Board makes the final decision.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The Board is to hear and decide appeals when it is alleged that there is an error in any order, requirement, decision or determination by an administrative official in the enforcement of this zoning code. Appeals to the Board may be taken by any person aggrieved or by any officer, Board or bureau of the City Commission affected by any decision of an administrative official. Such appeal shall be taken within 30 days after rendition of the order, requirements, decision or determination appealed from by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the ground of such appeal. The appeal shall be in the form prescribed by the rules of the Board. The administrative official from whom the appeal is taken shall, upon notification of the filing of the appeal, forthwith transmit to the Board all the documents, plans, papers or other materials constituting the record upon which the action appealed from was taken.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The Board shall fix a reasonable time for the hearing of appeal, give public notice of such hearing, as well a due notice to the parties in interest, and decide the same within a reasonable time; except, however, that in no case shall a decision by the Board be delayed more than 30 days beyond the date of the initial hearing on any subject. The advertisement shall contain a location map. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. In addition, similar notices setting forth the time, place and purpose of such hearing shall be mailed to the last known address of each owner of property within 300 feet of the subject property, 30 days prior to the public hearings. Such notices shall also be posted in a conspicuous place on or around such lots, parcels or tracts of land as may be involved in or directly affected by the hearing. Proof of the required publication, mailing and posting shall be maintained by the development services director. Upon the hearing, any party may appear in person, by agent or by attorney. Appellants may be required to assume such reasonable costs in connection with appeals as may be determined by the City Commission through action in the setting of fees to be charged for appeals. For procedural purposes, an application for a special exception shall be handled by the Board as for appeals.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

An appeal to the Board stays all work on the premises and all proceedings in the furtherance of the action appealed from whom the appeal was taken shall certify to the Board that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed by a restraining order which may be granted by the Board or by a court of record on the application on notice to the officer from whom the appeal is taken and due cause shown.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

(a)

The Board is to authorize upon appeal such variances from the terms of the zoning code as will not be contrary to the public interest when, owing to a special size, shape, physical features of or on the parcel involved, a literal enforcement of the provisions of this zoning code would result in unnecessary and undue hardship. In order to authorize any variance from the terms of this zoning code, the Board must find that:

(1)

Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district;

(2)

The special conditions and circumstances do not result from the actions of the applicant;

(3)

Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district; i.e., this means that the board may not grant a use variance (see subsection (d) of this section);

(4)

Literal interpretation of the provision of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant;

(5)

The variance which is granted is the minimum variance that will make possible the reasonable use of the land, building or structure;

(6)

The grant of the variance will be in harmony with the general intent and purpose of the zoning code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(b)

In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this zoning code. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the zoning code.

(c)

The Board may prescribe a reasonable time limit within the action for which the variance is required shall be begun or completed, or both.

(d)

Under no circumstances, except as permitted in this section, shall the Board grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited in the zoning district. No conforming use of neighboring lands, structures or buildings in the same zoning district and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Where the Planning and Zoning Board has given or granted an approval, special permit or a variance pursuant to the provisions of the zoning code, such approval, grant or permit shall become null and void unless work thereon is completed within 24 months of the date of issuance of the initial building permit.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

(a)

The intent of this subdivision is to provide uniform standards and/or review criteria that the Board shall utilize in exercising its responsibilities as established in this division specifically, in considering requests for land use which are identified in section 134-244, as being permitted as a special exception, hearing the request, making findings, prescribing appropriate safeguards and conditions and prescribing time limits.

(b)

For each special exception, in addition to the special conditions and criteria established in this subdivision, all other regulations for the zoning district in which the proposed special exception is to be located shall apply. Furthermore, the standards and review criteria as established in this subdivision are not intended to be exclusive of any other special conditions and/or standards which the board considers necessary to protect the public's safety and general welfare. Each special exception shall be reviewed in consideration of the special conditions which are particular to the parcel of land, intensity of use proposed, the character and intensity of adjacent land uses and the goals, objectives and policies of the city comprehensive plan.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Every property owner shall be given the opportunity, albeit not the right, to use their property as they desire. This opportunity must, however, be balanced with the rights of neighboring property owners and the rights of the citizens of the community. Special exceptions should be granted only when the existing circumstances are in fact "special" and create a need such that an exception to the rules under which all other citizens are required to abide is in fact necessary. A special exception may only be granted if the applicant demonstrates that:

(1)

The proposed use will not adversely affect the public health, safety, comfort, good order, appearance, convenience, morals and general welfare of the neighboring property owners and the citizens of the city;

(2)

The proposed use is necessary to eliminate a specific demonstrable hardship imposed upon the applicant by the existing facts and the rules prohibiting the proposed use;

(3)

The applicant has exhausted all other potential sources of eliminating the hardship referenced in this section; and

(4)

There is no other relief available to the applicant except the granting of a special exception.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Schedules 2 and 3 following section 134-244, and this article currently provide examples of uses for which a special exception might be appropriate. These examples are meant to be guidelines only, and shall not be deemed to be an exhaustive list of the potential uses for which a special exception may be granted.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

(a)

Special exceptions. A special exception may be granted only as provided herein:

(1)

Use by current owner/occupant only. A special exception does not run with the land and shall automatically terminate when the applicant no longer owns and occupies the property.

(2)

No adverse effect. A special exception shall only be granted upon a finding that the proposed use will not adversely affect the public health, safety, comfort, good order, appearance, convenience, morals and general welfare of the neighboring property owners and the citizens of the City.

(3)

Demonstrable hardship. The proposed use is necessary to eliminate a specific demonstrable hardship imposed upon the applicant by the existing facts and the rules prohibiting the proposed use.

(b)

Additional restrictions. A special exception may be conditioned upon additional restrictions as the Planning and Zoning Board and/or the City Commission may deem appropriate.

(c)

Existing use. A special exception will be granted for the same or similar purpose as an existing use, only upon a finding of a specific demonstrable hardship, not caused by the applicant's willful disregard for the Belleview City Code and City Regulations.

(d)

Mobile home. The Planning and Zoning Board shall grant a special exception to replace a mobile home that is a nonconforming residential use with a new or different mobile home (including larger mobile homes), upon the same parcel of land as the original nonconforming mobile home, as provided herein. Before granting any special exception for a nonconforming mobile home and any additions or amenities to accompany it, the Planning and Zoning Board must find as follows:

(1)

No adverse effect. The proposed replacement mobile home and amenities will not adversely affect the public health, safety, comfort, good order, appearance, convenience, morals and general welfare of the neighboring property owners and the citizens of the City.

(2)

Demonstrable hardship. The proposed use is necessary to eliminate a specific demonstrable hardship imposed upon the applicant by the existing facts and the rules prohibiting the proposed use.

(3)

Occupied within six months. The provision for a special exception set forth in this section shall apply only to mobile homes to replace existing mobile home used as a residence within six months of the application for special exception.

(4)

Comply with City Code. The mobile home and any additions or amenities (such as porches, carports, enclosed rooms, etc.) be approved as otherwise required in the City Code and building regulations.

(5)

Additional restrictions. A special exception may be conditioned upon additional restrictions as the Planning and Zoning Board and/or the City Commission may deem appropriate.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

(a)

An applicant shall file a written request for a special exception with the development services director. The written request shall be submitted no later than the last Monday of the month and accompanied by the required fee and all information the applicant deems appropriate to support the request. The amount of the fee and the application form shall be established by resolution of the City Commission.

(b)

The clerk shall notify all property owners within 300 feet of the property.

(c)

The application shall be presented by the development services director to the Planning and Zoning Board at the second regularly scheduled meeting following submission of the application; however, review of the application may be rescheduled or postponed by either the applicant or the Board. The applicant or their authorized representative must be present when the Board hears the request. The burden is on the applicant and interested parties to present all facts necessary to support the request. No facts may be inferred by the Board.

(d)

The Planning and Zoning Board may grant the special exception only if the Board finds that the applicant has met the criteria and requirements stated in this section. The Board shall prepare written findings delineating the specific facts (not conclusions), upon which the Board relied in granting the special exception. The special exception shall be conditioned upon the written findings of fact being presented to the Board at a meeting of the Board at which a quorum is present and formally approved by a majority of the Board members present.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

(a)

Applicant's appeal. An applicant whose request for a special exception has been denied by the Planning and Zoning Board shall have the right to appeal such decision to the City Commission.

(b)

Commissioner's appeal. A City Commissioner who believes that the Planning and Zoning Board acted improperly in granting a special exception shall have the right to appeal such decision to the City Commission.

(c)

Procedure. Notice of appeal shall be given in writing to the development services director within ten days from the date of the decision from which the appeal is being taken. The matter shall be placed on the agenda of the next regularly scheduled Commission meeting which would provide not less than 30 days' notice to the commissioners and interested parties. The applicant shall be allowed to present all facts the applicant deems necessary to support the applicant's request. The Planning and Zoning Board chairperson or any other member of the Board, and any other citizen or interested party, shall be permitted to speak on the matter. The decision of the City Commission shall be final.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

(a)

Cemeteries.

(1)

The perimeter of a proposed cemetery shall be fenced.

(2)

The owner shall certify that there will be an ongoing lawn and grounds-keeping program, in perpetuity.

(3)

An irrigated buffer strip 15 feet wide shall be maintained around the perimeter.

(4)

In addition to those requirements established in section 134-244, there will be a maximum height regulation of no more than 30 feet for each structure.

(5)

Interior access roads shall be paved with a minimum pavement width of 12 feet and grassed shoulders with a minimum width of ten feet on each side and a maximum slope of one to 20 to allow for passing and parking. Any cul-de-sac shall have a minimum radius of 40 feet and a minimum paved radius of 20 feet.

(6)

If the cemetery is to be public, documentation shall be provided that it meets or exceed state standards.

(b)

Dog kennels.

(1)

Each individual dog shall have access to a fenced run having a solid concrete floor and minimum dimensions of four feet wide and 50 feet long.

(2)

Each kennel space and contiguous run as established above shall be reachable by one hose bib per two runs with enough hose attached to reach all portions of the run and kennel.

(3)

A method of daily collection and disposal of solid wastes shall be approved by the county sanitarian.

(4)

A site plan submitted by the applicant shall indicate the number of kennels, accessory buildings, the water system and parking areas.

(5)

The applicant shall document that the proposed site plan has been reviewed and approved by the Marion County Humane Society.

(6)

To reduce noise pollution, all dogs shall be housed indoors between 9:00 p.m. and 6:00 a.m.

(7)

A minimum spatial separation of 600 feet shall be provided between all dog kennels, runs or houses and an adjacent residential district.

(8)

Stormwater runoff will be retained on site in areas designed for the 100-year storm by a licensed engineer.

(c)

Veterinary hospitals and clinics.

(1)

The applicant shall certify as to an approved method of disposing of hazardous wastes.

(2)

One off-street parking space shall be provided per ten animal spaces, plus one parking space per paid employee.

(3)

Housing for domestic animals shall be provided as per dog kennels; see subsections (b)(1),(b)(2), (b)(3), (b)(6) and (b)(7) of this section.

(4)

Hoofed animals shall be separated from any residential district by at least 200 feet.

(d)

Farm equipment sales.

(1)

All equipment, either stored or displayed outdoors, shall be fenced, having a maximum mesh size of four inches in any direction and a minimum height of four feet.

(2)

All mechanized equipment shall be operable at all times.

(3)

No inoperable equipment or parts of equipment may be stored or displayed outside.

(4)

There shall be a special separation of 100 feet for all structures and/or equipment from any adjacent residential district.

(5)

No motorized equipment may be operated on the premises between the hours of 9:00 p.m. and 6:00 a.m., except within a completely enclosed building.

(6)

The permanent on-site densities as established for the B-1 district shall apply.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Cross reference— Animals, ch. 18.

Private recreation buildings.

(1)

The applicant shall certify that the proposed use will be of a completely noncommercial nature.

(2)

The proposed structure must be accessory to the principal use.

(3)

Access shall be via the same driveway as the principal use.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

(a)

Bus terminal.

(1)

The site plan shall provide for an internal traffic circulation system which eliminates the need for backing buses into public roads.

(2)

Passenger ingress and egress shall be weatherproofed.

(3)

Short-term parking for taxicabs and private automobiles shall be provided.

(4)

If the terminal is contiguous to a residential zone, it will have a solid masonry wall at least ten feet high as a noise buffer.

(b)

Amusement arcade.

(1)

Alcoholic beverages shall be prohibited.

(2)

The hours of operation shall be limited to 9:00 a.m. through 9:00 p.m.

(3)

There shall be minimum of one off-street parking space per coin-operated machine, plus one per four chairs or stools and one per employee on the maximum shift.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

(a)

Brewery.

(1)

The applicant shall provide the City with an analysis which certifies the chemical makeup of all effluent to be generated. The City Commission reserves the right to refuse to accept the effluent, to require pretreatment or to accept the effluent.

(2)

The fee for municipal acceptance and treatment of the effluent will be negotiable.

(3)

Access must be directly onto an arterial road without the need to drive through either residential or commercial zoning districts.

(b)

Sawmill.

(1)

Access via any residential district is prohibited.

(2)

A site plan shall be submitted indicating the methods to be used to:

a.

Control stormwater runoff.

b.

Prevent fire.

c.

Reduce dust emission.

(3)

The applicant shall certify that noise levels will not exceed 55 Db from 7:00 a.m. to 10:00 p.m.; or 45 Db from 10:00 p.m. to 7:00 a.m., when measured within any adjacent dwelling unit, and will not exceed 60 Db at any receiving land use. As used here, the term "Db" means decibels as defined by the American National Standards Institute (ANSI).

(4)

The proposed location shall be at least 660 feet from any residential land use or residential zoning district.

(c)

Small scale metal melting operations. Small scale metal melting operations may be located on M-1 or M-2 zoned property pursuant to special exception, which special exception may be granted upon the following conditions:

(1)

Parcels shall be at least one contiguous acre in size, not bisected or divided by a street, road, alley or other thoroughfare.

(2)

Access shall be via an arterial or collector roadway or on properties with immediate access to rail or other adequate transportation facilities.

(3)

All processes shall be within a completely enclosed structure.

(4)

Windows and other openings shall be screened in a manner which precludes light emissions from directly shining into adjacent residential zoning districts.

(5)

No loose uncontained outdoor storage is permitted. Storage shall be indoors or in storage pods/containers. Such storage facilities shall be located at least 300 feet from residential zoning districts.

(6)

Structures of a non-administrative nature (i.e., used for processing or manufacturing) shall be located at least 300 feet from any residential zoning district.

(7)

Noise levels at any adjacent zoning district other than M-1 or M-2 shall not exceed 55 Db.

(8)

The owner or operator of a metal melting or processing facility shall not conduct any of the following operations unless emissions to the atmosphere from that operation are collected and vented to an air pollution abatement device to meet acceptable emission.

(10)

The handling of fluff shall be accomplished in a manner that ensures containment on-site at the facility, until properly disposed.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

(a)

Asphalt plant.

(1)

Access shall be limited to arterial roads.

(2)

A spatial separation of at least 1,200 feet shall be provided between any structure, batch-mixing facility or materials storage area and any adjacent residential zoning district.

(3)

All driveways and interior roads shall be paved.

(4)

The applicant shall document that the state department of environmental protection has been provided with a copy of the proposed site plan, type of equipment, and an application for permitting.

(b)

Junkyard.

(1)

A site development plan shall be submitted for review by the Planning Commission, which shall make appropriate recommendations to the Planning and Zoning Board for consideration in its determination to grant or deny approval.

(2)

The entire perimeter of each junkyard shall be surrounded by an opaque visual barrier at least eight feet high.

(3)

Ingress and egress shall not abut any residential zoning district.

(4)

All burning on the premises is prohibited.

(5)

Facilities for the collection and recycling of used oil and gasoline or diesel fuel shall be located on the premises, used and operable at all times.

(6)

If the property abuts any residential district, the use of heavy machinery before 8:00 a.m. or after 5:00 p.m. is expressly prohibited. Heavy machinery includes, but is not limited to, impact hammers, crushers, shredders, cranes, forklifts and similar equipment which, when operated, generates noise levels which might adversely impact upon adjacent land values.

(7)

Access shall be directly onto a paved arterial or collector road.

(8)

All lighting shall be shielded so as not to shine directly onto adjacent properties.

(9)

All driveways and aisles shall be paved.

(10)

The owner or, if other than the owner, the operator shall document that a professional exterminator has been retained and will continue to be retained for monthly visits and treatment as necessary to control rodents, mosquitos and other potentially noxious animals.

(c)

Meat processing.

(1)

All structures shall be located a minimum distance of 1,200 feet from any residential zoning or commercial zoning district.

(2)

The applicant shall provide the City with an analysis which certifies the chemical makeup of all effluent to be generated. The City Commission reserve the right to refuse to accept the effluent, to require pretreatment, or to accept the effluent.

(3)

All wood and/or paper storage yards shall be located a minimum of 1,200 feet from any residential zoning district.

(4)

All access shall be to and from an arterial highway.

(d)

Slaughtering/rendering. See subsection (c) of this section, meat processing, of which all subsections (1) through (4) apply.

(e)

Smelting/refining.

(1)

Access shall be via an arterial road.

(2)

All processes shall be within a completely enclosed structure.

(3)

Windows and other openings shall be screened in a manner which precludes light emissions from directly shining into adjacent residential zoning districts.

(4)

Outdoor storage areas shall be located at least 600 feet from residential zoning districts.

(5)

Structures of a non-administrative nature (i.e., used for processing or manufacturing) shall be located at least 1,200 feet from any residential zoning district.

(6)

Noise levels at any adjacent zoning district shall not exceed 55 Db.

(f)

Stockyard.

(1)

Each animal-confinement area shall contain automatic watering devices capable of providing an adequate supply of water to sustain the maximum number of animals which can be held in such area.

(2)

The applicant shall certify in writing that all animal wastes will be collected on a daily basis with disposal into a waste disposal system approved by either the county sanitarian or the state department of environmental protection, as appropriate.

(3)

All stormwater runoff shall be retained on site in a water-retention area designed to accommodate the 100-year storm event. A licensed engineer's seal is required.

(4)

Permanent or seasonally wet areas will be fenced to exclude stock.

(5)

Hoofed animals shall be separated from any residential district by at least 200 feet.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)