No tract, yard, setback, clearance, parking area or other space shall be reduced in area or dimension so as to make such area or dimension less than the minimum required by the zoning code; and if already less than the minimum required by the zoning code for a new building or use, such area or dimensions shall not be further reduced. No part of a required yard, setback, clearance, parking area or other space provided about or for any building, structure or use for the purpose of complying with the provisions of the zoning code shall be included as part of the yard, setback, clearance, parking area or other space required under the zoning code for another building, structure or use unless specifically authorized by the zoning code.

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

On corner tracts and through tracts, front yards, when required, shall be provided on both streets; and accessory buildings shall not be located in either front yard.

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

Where a tract is to be occupied for a permitted use without buildings, the side yard and front yard required for such tract shall be provided and maintained unless otherwise stipulated in the zoning code; except that side yards shall not be required on tracts used for private garden purposes without buildings or structures not on tracts used for public recreation areas.

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

Where two or more separate buildings for dwelling purposes are erected or placed on the same tract, minimum front, side and rear yards shall be provided as required by the zoning code unless, however, submitted as a planned unit development.

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

Every part of every required yard shall be open and unobstructed from the ground to the sky except as provided in this section, or as otherwise permitted in this zoning code:

(1)

Sills or belt courses may not project over 12 inches into the required yard.

(2)

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

(3)

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

(4)

Fire escapes, stairways and balconies which are unroofed and unenclosed may not project over five feet into a required rear yard and not over three feet eight inches into a required side yard of a multiple dwelling, hotel or motel.

(5)

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

(6)

Accessory uses and structures may not be located in required yards except garages in rear yards.

(7)

Nothing in this zoning code shall be construed so as to prevent any type of landscaping or private nonprofit gardening on any tract.

(8)

Accessory parking is permissible in the side or rear yard, and may be permitted in the front yard as a special exception. If located in a front yard, accessory parking shall be parked in a driveway and shall be limited to no more than one boat, vehicle, or trailer meeting the definition of accessory parking.

(9)

Flagpoles, clotheslines, birdhouses and other yard accessories are permitted in any yard if they do not constitute substantial impediments to vision or the free flow of light and air across the yard.

(10)

Mechanical and pool equipment may encroach no more than four feet into the side and rear yard.

(11)

Bay or bow windows may protrude from a structure no more than 24 inches into the required setback. Bay or bow windows within a setback area shall not exceed eight feet in width and shall be a minimum of 18 inches above the finished habitable floor level. There shall be no more than one exempt bay or bow window in any horizontal linear 25 feet of exterior wall.

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

On a corner tract, no fence, wall, hedge or other planting or structure that will obstruct vision between the height of 2½ feet and ten feet above the centerline grades of the intersecting streets shall be erected, placed or maintained within the triangular area formed by the right-of-way lines at such corner tracts and a straight line joining such right-of way lines at points which are:

(1)

Fifteen feet distant in industrial and business districts.

(2)

Twenty-five feet distant in residential districts.

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

Penthouses, scenery lofts, towers, cupolas, steeples, domes, flagpoles, airplane beacons, broadcasting towers, antennae, chimneys, stacks, tanks and roof structures used only for ornamental or mechanical purposes may exceed the permissible height in any districts; provided, however, that there is sufficient setback from the tract boundaries to contain the entire structure in the event of collapse and subject to the granting of a variance pursuant to section 134-178.

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

The lot coverage standards of this chapter shall include paved areas, buildings and structures as measured within the perimeter of the exterior walls and posts, and any attached or detached structure projecting vertically over three feet above ground level. Roof overhangs of 30 inches or less, fences, open staircases, and open decks or balconies, whether cantilevered or not, shall not be considered lot coverage.

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

(a)

Intent. It is the intent of this division to ensure that fence and wall improvements conform to the standards and requirements set forth herein and that fences are constructed and located on the property of the applicant.

(b)

Application and drawing required. No permit for a fence or wall shall be issued unless an application for a permit has been filed with the building official including a drawing clearly depicting the location, height and type of wall or fence to be located, erected, constructed, replaced, reconstructed or altered including a typical cross section of the fence or wall, and sufficient information to indicate that the wall or fence shall be in compliance with this article.

(c)

Permit required. No fence or wall shall be located, erected, constructed, replaced, reconstructed or altered unless a fence permit has been issued by the City for said fence or wall.

(d)

Survey requirements. A property survey may be required for walls or fences set into permanent pillars, or to be located along public rights-of-way. Such surveys shall be no more than one year old or shall have been recertified within the last year. Delineators for survey markers shall remain on-site during the permitting and construction process.

(e)

Height restrictions. Except as otherwise indicated in this article or as allowed pursuant to a waiver as set forth in subsection (m)(1) herein below, the following height restrictions shall be met:

(1)

Fences and walls in residential districts. Except as otherwise indicated in this article, in all residential zoning districts, fences shall not exceed eight feet in the rear and side yards and four feet in the front yards and side yards fronting improved rights-of-way.

(2)

Fences and walls in commercial districts. Except as otherwise indicated in this article, in all commercial zoning districts, fences shall not exceed eight feet in height. Fences in the B-4 and B-5 districts may include security fencing with up to three strands of barbed wire (facing toward the subject property) not to exceed eight feet in total height from grade.

(3)

Fences and walls in industrial and governmental districts. Except as otherwise indicated in this article, in all industrial and governmental zoning districts, fences shall not exceed eight feet in height and may include security fencing with up to three strands of barbed wire (facing toward the subject property) not to exceed ten feet in total height from grade.

(f)

Height measurement. The height of fence or wall shall be measured from the original grade closest to the property along the fence line, where the fence or wall is constructed.

(g)

Restrictions. The following restrictions shall apply to all fences and walls:

(1)

Clear visibility restrictions. In no case shall a fence or wall exceeding 2.5 feet in height be permitted within the clear visibility area as specified in section 134-466 (Intersection of roadways) and section 118-312 (Driveways) of this Code.

(2)

Restrictions of location near fire hydrants. No freestanding wall or fence shall be located within 25 feet of a fire hydrant without written approval from the fire service agency providing service to the area.

(h)

Fences and walls in required landscaped buffers. Fences and walls may be allowed in required landscaped buffers providing that the fence or wall is located between the required tree and shrub plantings and the property line with sufficient area for maintenance of the landscaping. The intent of this requirement is to provide the benefit of the landscaped buffer to the adjacent properties.

(i)

Construction and materials. Except as allowed pursuant to a waiver as set forth in subsection (l) herein-below, all freestanding walls and fences shall be designed with a finished side facing outward toward improved roadways and public facilities such as schools and parks. Fences shall be designed to withstand stresses to which they may reasonably be expected to be subjected or as otherwise required by the building code, and shall be constructed of any of the following materials or combination thereof:

(1)

Wood (except slash bark) of rot and termite-resistant species, or chemically treated or painted to resist rot and termite attack.

(2)

Chain-link.

(3)

Ornamental metal; to include corrugated, galvanized, roofing or other sheet metal, provided that all edges of each sheet are surrounded by wood or other approved materials intended for exterior use.

(4)

Concrete or masonry.

(5)

Vinyl, prefabricated, ornamental.

(6)

Barbed wire is only permitted for security fences in the B-4, B-5, M-1, M-2 and GU districts.

(7)

Hog wire, chicken wire, barbed wire or other metal wire fencing is allowed for bona fide agricultural uses in agricultural districts and in residential districts when installed on the inside of a fence to contain domestic animals or approved school projects as specified in chapter 18 (animals) of this Code.

(8)

Except as allowed in the agricultural districts for bona fide agricultural uses, electrified fencing is prohibited.

(j)

Exceptions. Fences that may be erected around high voltage substations, pumping stations, public service utilities, school yards, public playgrounds, public parks, cemeteries and governmental or public utility owned property are exempted from the requirements of this chapter.

(k)

Maintenance. All fencing or walls shall be properly maintained and free from debris at all times.

(l)

Alternative designs and waiver. The site plan technical review staff may approve alternative fence designs, which differ from the above requirements, including height, side facing toward adjoining property, and construction material.

(1)

To be eligible for such a waiver, the applicant must demonstrate the following:

a.

The proposed design is appropriate and compatible with the surrounding area and surrounding uses; and

b.

The proposed design allows reasonable use of the property; and

c.

The proposed design does not compromise public health, safety and welfare.

(2)

Before granting such a waiver, the site plan technical review staff shall make written findings of fact that the criteria set forth in subsection (l)(1) above, have been established.

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

Due to the peculiar nature of certain uses, it is the intent of this division to regulate their use so as to provide for the safety, health, morals and general welfare of the community.

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

In any district where residential units are permitted, one single-family dwelling or one mobile home, as applicable, may be erected on any tract in existence at the effective date of this zoning code under the following conditions:

(1)

The owner of the tract on the effective date of this zoning code did not own any adjoining property.

(2)

The present owner of the tract does not own any adjoining property.

(3)

The tract shall abut for at least 40 feet on a street.

(4)

All required yards will be provided.

(5)

The tract shall be a tract of record at the time of the passage of this zoning code.

(6)

The provisions of subsections (1) and (2) of this section shall not, however, apply to an undeveloped tract of record; provided, however, that the tract has a minimum tract area of at least 7,500 square feet and a minimum tract width at the building line of at least 75 feet. In addition, the provisions of subsections (1), (2) and (5) of this section shall not apply to any tracts shown on a survey which has been filed with and accepted by the city or to whom so delegated for the purpose of issuing building permits prior to the effective date of Ordinance No. 92-02, and provided that the survey has been prepared by a registered surveyor.

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

The following regulations, supplementing and modifying other applicable district regulations, shall apply where a tract in a nonresidential district is utilized for a permitted residential use, the size of the required yards being specified in the district regulations for the particular nonresidential district involved:

(1)

Where a residential use is located on the first or ground floor, and there is also a principal nonresidential use on the first or ground floor, such tract shall be provided with a rear yard and with side yards extending to the rear yard for the portion of the tract occupied by the residential use.

(2)

Where the residential use is the only principal use on the tract, such tract shall be provided with front, side and rear yards as specified in the district regulations, schedule 1, following section.

(3)

Where the residential use is located above a principal nonresidential use, such tract shall be [section] 134-244 provided with a rear yard and with side yards on each side, provided that such side yards may begin at the level of the lowest floor used for residential purposes, and a side yard shall not be required on a street side of the tract.

(4)

Tracts used for hotels and motels shall provide yards as specified in the R-O district.

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

(a)

In residential districts, all accessory buildings and uses shall be located in the rear yard. All accessory buildings and structures shall not exceed a height of 20 feet when the principal structure is a single story. When the principal structure is two or more stories, the accessory structure shall not exceed the height of the principal structure. Accessory buildings and structures shall be subject to the following minimum setbacks:

From the property line along road rights-of-way .....25 feet

From the property line along the side .....8 feet

From the property line along rear .....8 feet

From other on-site buildings .....5 feet

A private garage attached to or a part of the main structure is to be considered part of the main use. An unattached private garage is to be considered as an accessory building.

(b)

Location exceptions:

(1)

Accessory parking is permissible in the side, rear, or front yard. If located in a front yard, accessory parking shall be parked in a driveway and shall be limited to no more than one boat, vehicle, or trailer meeting the definition of accessory parking.

(2)

Carports requiring a building permit (must be certified by an engineer or architect to meet the Florida Building Code), may be allowed in the front, rear, or side yards with the following minimum setbacks:

From the front property line along road rights-of-way .....10 feet

From the front property lines along the side .....8 feet

From other onsite buildings, except those attached to the principal structure .....5 feet

(3)

Carports such as canvas carports not requiring a building permit may be allowed by issuance of a temporary development services permit (valid for two years, renewable upon re-application) and may be located in the front, rear, or side yard, must be secured/anchored to the ground at all times or removed during storm events, must be kept in good condition, free from tears and fraying and located to meet the following minimum setbacks: .....

From property lines along the side .....8 feet

From property line along the rear .....8 feet

From other onsite buildings, unless attached to the main building or principal structure .....5 feet

(1)

Notwithstanding the minimum setbacks provided in subsection (3) of the location exceptions above, no carport, accessory building or use may be located so as to create a sight hazard for traffic on streets, alleys and other public roadways.

(2)

In residential districts, accessory buildings and uses may be located partially or completely on adjacent properties if such properties are under the same ownership as the property containing the primary structure.

(c)

Accessory dwelling units are permitted in the single-family residential (R-1) district for the purpose of providing additional housing that is incidental to a primary use while ensuring that the R-1 district character is protected. Accessory dwelling units are intended to provide guest housing, security residence, and/or affordable housing options. In the R-1 district, accessory apartments, garage apartments, and guest houses may be permitted as accessory uses to any single-family detached home in all residential districts subject to the applicable district regulations and the following requirements:

(1)

The accessory dwelling shall be of similar architectural appearance and building material as the primary dwelling.

(2)

The accessory dwelling unit shall not exceed 750 square feet. Larger accessory dwelling unit area may be approved subject to review by the site plan technical review staff.

(3)

There shall be only one accessory dwelling unit per parcel of ownership.

(4)

Either the primary dwelling or the accessory dwelling shall be owner-occupied.

(5)

All applicable R-1 district regulations pertaining to setbacks and lot coverage provisions shall be met.

(6)

Separate metered utility connections for the accessory dwelling unit may be permitted.

(7)

Mobile homes and recreational vehicles shall not be used as accessory dwelling units.

(8)

Must meet the minimum requirements for a dwelling unit in accordance with the Florida Building Code.

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

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

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

The maximum multiple-family dwelling unit density permitted within any R-3, R-O or business zoning district shall not exceed 12 dwelling

units per gross acre included within the development unless approved as a planned development (PD) in accordance with this chapter.

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

The Planning and Zoning Board may, as a special exception use, permit the location of any of the following buildings or uses in any district:

(1)

Any public buildings erected and used by or any use of any department of the municipal, county, state or federal government.

(2)

Hospitals and institutions of an educational, religious, philanthropic or nonprofit character, provided that such use is confined within a building, and provided that the building shall set back from all tract lines a distance of not less than one foot for each foot of building height.

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

No building or structure shall be moved from one tract or premises to another unless such building or structure shall thereupon be made to conform with all the provisions of the zoning code relative to buildings or structures hereafter erected upon the tract or premises to which such building or structure shall have been moved; therefore, a certificate of zoning compliance and a building permit are required prior to moving any building or structure into or within the City.

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

As part of the zoning approval process, drainage plans shall be provided as required by article II of chapter 110 of this Code.

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

Special events such as temporary flea markets, circuses, carnivals, outdoor concerts, festivals, and promotional activities may be permitted under the following criteria:

(1)

The events may be permitted in all zoning districts. If located in a residential district as defined in section 134-240, the event must be on City of Belleview property or the site of an existing civic organization (e.g., place of worship, school, fraternal organization or similar activity

(2)

Circuses and carnivals shall further be subject to the requirements of section 14-1 of the city's code of ordinances.

(3)

Locations for special events (excluding circuses and carnivals that must meet the requirements of section 14-1) are limited to the following roads and highways: State Road 500 (also known as HWY 441), State Road 35 (also known as Baseline Road), County Road 25, and County Road 484 west of State Road 500.

(4)

No parcel shall be occupied by a special event for more than four times per calendar year and no more than 12 total days per calendar year.

(5)

Amplified sound/music shall not be used between the hours of 7:00 p.m. and 8:00 a.m., Sunday through Thursday, and between the hours of 10:00 p.m. and 8:00 a.m. on Friday and Saturday.

(6)

The operator of a special event must:

a.

Obtain written permission from the property owner and have such permission available on site during the operation of the special event.

b.

Provide adequate off-street parking as required by chapter 118, article II, division 3.

c.

Provide adequate restroom and sanitary waste disposal facilities which meet or exceed all applicable laws.

d.

Ensure safe and adequate ingress and egress to the property, including safe sight distance for vehicles entering or leaving the property.

e.

Ensure that all use areas (i.e., sales, activities) other than parking are located at least 25 feet from a public right-of-way and residential properties.

(7)

Tents erected as part of operations shall be subject to fire code requirements.

(8)

The operator shall obtain permits for any structures to be located on the property or if such event requires electricity or plumbing permits the operator shall obtain such permits prior to operation.

(9)

The city administrator or designee shall have authority to require immediate compliance with the provisions of this section.

(10)

Nothing herein shall relieve an operator of a special event from complying with other applicable codes, ordinances, and regulations.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024; Ord. No. 2024-12, 10-1-2024)

Home-based businesses may be conducted in all residential districts subject to the following provisions:

(1)

The use shall be conducted entirely within a dwelling and shall not be visible from the street or neighboring dwellings.

(2)

The use of the dwelling shall be consistent with the uses of residential areas that surround the property. External modifications made to the dwelling to accommodate the home-based business must conform to the residential character and architectural aesthetics of the neighborhood.

(3)

A non-illuminated nameplate, not exceeding one square foot area, may be displayed, provided the nameplate is affixed flat against the exterior surface at a position not more than two feet distant from the main entrance to the residence.

(4)

The activities of the home-based business may only be secondary to the property's use as a residential dwelling.

(5)

The home-based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property. No home business shall be conducted in an accessory building but must be conducted in the residence of the proprietor.

(6)

All motors and equipment used in conduct of any home business shall be shielded so as not to cause radio or television interference.

(7)

No use may be conducted entailing the use of chemicals or matter of energy that may create or cause to be created objectionable noise, light, heat, smoke, glare, vibration, noxious odors or hazards dangerous to the public health, safety or welfare.

(8)

Parking related to the business activities of the home-based business must comply with local zoning requirements and the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted.

(9)

The development services director shall have the authority and responsibility to revoke any home-based business tax receipt and/or to pursue other remedies, as provided in this section, including but not limited to seeking an injunction, if any of these provisions are violated.

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

The following regulations shall apply to all junkyards:

(1)

Area. The area of land to be so used shall not be less than 15 acres.

(2)

Location. No automobile or vehicle not in running condition nor machinery or other junk or scrap shall be located either for storage or dismantling within 300 feet of any residential district or within 100 feet of the front street line or other property line of the tract to be so used.

(3)

Fencing and screening. The area to be occupied by the salvage yard shall be entirely surrounded by a substantial continuous masonry fence or wall or vegetative screening eight feet in height or grass berm eight feet in height. Such fence, wall or vegetative screening shall obscure the view of such operation. Cars shall not be piled one upon the other so as to be visible by abutting property owners. Such fence or wall shall be of similar composition, construction and color throughout and shall be constructed without openings except for one entrance and one exit, and such entrance and exit shall be closed and securely locked at all times except during business hours. Plans for such fence or wall shall be submitted to the Planning and Zoning Board who shall determine whether or not the proposed fence will meet the requirements of this chapter. No building permits shall be issued for the construction of such fence or wall until the approval of the board has been secured. Such fence shall be maintained in good order and shall not be allowed to deteriorate. If vegetative screening is to be substituted for such fence or wall, plans for such screening shall be submitted to the board. Such vegetative screening shall consist of a greenbelt strip not less than 20 feet wide where it adjoins a street line. The greenbelt shall be composed of at least one row of deciduous or evergreen trees and one or two rows of shrubs. The board shall approve or disapprove such request for vegetative screening.

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

Nursery schools, day schools and kindergartens are permitted in the business zones after site plan approval and provided that all the following requirements are met:

(1)

Total tract area shall not be less than 15,000 square feet; tract width shall not be less than 100 feet.

(2)

A fenced play area of not less than 4,000 square feet shall be provided for the first 20 or less children with 200 square feet additional for each additional child over 20.

(3)

No portion of the fenced play area shall be closer than 20 feet to any residential tract line nor closer than 50 feet to any public street.

(4)

A solid masonry wall or vegetative screening which, in the opinion of the development services director furnishes equal protection against noise shall be provided between fenced play areas and residential tract lines.

(5)

All outdoor play activities shall be conducted within the fenced play area, and no outdoor play activity shall be conducted before 8:00 a.m., or after 8:00 p.m.

In residential zones, these land uses shall be submitted as, and they shall be reviewed pursuant to, planned developments as provided in this chapter.

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

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

(1)

Area. A tract to be occupied by a service station shall not be less than 100 feet in width and 100 feet in depth.

(2)

Location. There shall be a minimum distance of 250 feet shortest airline measurement between the nearest points on any tract to be occupied for service station purposes and any tract occupied by a place of worship, hospital, public school, public library, stadium or arena. (See section 134-520, storage of flammable liquids.)

(3)

Clearances. The following clearances are required:

a.

Fuel (including liquefied petroleum) pumps shall be located not less than 20 feet from any street property line and not less than 15 feet from any other property line.

b.

No service station building or fuel (including liquefied petroleum) pumps shall be located within 25 feet of any property which is residentially zoned.

(4)

Walls. Where tracts to be used for service stations abut on any property which is zoned B-1, there shall be a wall of good quality and design on all property lines other than street lines. The wall shall be six feet in height (minimum); except that, where the wall extends to within 15 feet of and at an angle to a street line, no wall or other obstruction shall be permitted. Such wall shall be continuous and unpierced, except that a wall along an alley line may have a three-foot opening which is closed by a substantial gate when the opening is not in use.

(5)

Driveways. There shall be not more than two driveways for entrance and exit to a service station for every 100 feet or major fraction thereof of tract frontage on any street. Driveways shall be not over 60 feet in width at the street, and there shall be at least ten feet between any two driveways. Measured along the street line, driveways shall be at least 15 feet from a private property line or alley line. On a corner tract, all driveways shall be at least ten feet from the intersection of the street lines or from the intersection of the street lines produced.

(6)

Lighting. All lights and lighting on a service station shall be so designed and arranged as not to cause a direct glare into residentially zoned property.

(7)

Use of fuel pumps. Fuel (including liquefied petroleum) pumps may be used as an accessory to a main use of a grocery store or general store in B-4 or B-5 business zones, provided that there are no repair or service activities.

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

(a)

Size of space generally. Mobile home parks shall provide a minimum of 4,000 square feet per space, except that 25 percent of the spaces to be provided in such a park may provide a minimum area of 3,500 square feet; provided, however, that for each such space, one space shall be provided with a minimum area of 4,500 square feet.

(b)

Width of space. The minimum space width shall be 50 feet.

(c)

Depth of space. The minimum space depth shall be 80 feet.

(d)

Recreation areas. Five percent of the gross site area of the proposed park shall be set aside for common recreation areas.

(e)

Setbacks. Each mobile home shall have minimum front yard setbacks of ten feet as measured from the edge of the street and side and rear yard separations of 15 feet between buildings.

(f)

Garbage collection. Approved cans with tight-fitting covers shall be provided in quantities adequate to permit disposal. The cans shall be kept in good repair at all times. Garbage and rubbish shall be collected and disposed of as frequently as shall be necessary to ensure that the garbage shall not overflow. The use of a central garbage collection system may be permitted as an alternative.

(g)

Minimum right-of-way width; drainage. All streets shall have a minimum right-of-way width of 30 feet with paved streets and shall meet the adopted drainage requirements of chapter 110 of this Code.

(h)

Street lighting. All streets within the park shall be lighted at night with electric lights providing a minimum average illumination of one-half footcandle at the darkest point.

(i)

Water retention. Water retention areas shall be provided as set forth in the subdivision chapter, chapter 130 of this Code. Retention areas shall be bonded and escrowed in reference to the requirements of chapter 130 to guarantee installations.

(j)

Use of setback areas. A setback is hereby established in which no mobile home or other structure shall be permitted. Such setbacks may be used for recreational uses or for temporary parking of motor vehicles:

(1)

Where the park boundary line abuts a public street: 25-foot setback.

(2)

Where the park boundary line abuts property which is residentially zoned and which prohibits mobile homes: 50-foot setback.

(k)

Permit required; plans. It shall be unlawful for any person to construct, maintain, operate or alter any mobile home park without a permit from the development services director of the City. For the purpose of obtaining permits, completed plans shall be presented showing:

(1)

The area and dimensions of the tract of land.

(2)

The location of the service buildings, if required, and other proposed structures.

(3)

The location and width of paved streets and rights-of-way.

(4)

The location of existing and proposed water and sewage distribution lines.

(5)

Compliance with appropriate state regulations.

(6)

The site plans shall comply with the subdivisions chapter of this Code (chapter 130).

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

(a)

Temporary use permits may be granted by the development services director to allow mobile homes to be used for living purposes in residential zoning districts on a temporary basis where adequate water and sewer facilities are available. Such permits shall be issued for a period of one year only where a building permit has been issued and construction is underway. Permits may be extended for additional six-month intervals where the building permit remains in effect and is unrevoked.

(b)

The following conditions shall apply to all temporary use permits:

(1)

The location of the temporary structure shall conform to the setbacks required for that zoning district.

(2)

No occupancy or use may occur until a certificate of occupancy or a final inspection has been provided by the building official.

(3)

Unless permitted as an accessory building or use, the temporary building shall be removed from the premises within 60 days of the completion of the new dwelling unit.

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

(a)

Space size generally. Recreational vehicle parks shall provide a minimum of 1,500 square feet per space, except that 25 percent of the spaces to be provided in such a park may provide a minimum area of 1,200 square feet; provided, however, that for each such space, one space shall be provided with a minimum area of 1,800 square feet.

(b)

Width of space. The minimum space width shall be 30 feet.

(c)

Depth of space. The minimum space depth shall be 50 feet.

(d)

Setbacks from lot lines. The following minimum setbacks from lot lines shall be observed:

(1)

Front: Five feet.

(2)

Side: Five feet.

(3)

Rear: Five feet.

(e)

Distance from abutting property. No mobile home or recreational vehicle in an approved park shall be closer than 15 feet from any property abutting such park.

(f)

Grocery store as accessory use; distance from park. A grocery store limited to a maximum of 1,500 square feet may be used as an accessory use to a travel trailer park. This definition shall not include the sale of alcoholic beverages.

(g)

Underskirting. In a travel trailer, camper or tent park, complete underskirting shall not be required.

(h)

Washing, bathing, and toilet facilities. Each recreational vehicle park shall provide one or more service buildings adequately equipped with toilet, lavatory, laundry and slopwater facilities in accordance with all applicable plumbing and sanitary codes. Provided however, if potable water and sanitary sewer hookups are available at each site and the park owner files a letter with the county Health Department in accordance with Rule 64E-15.005(6), FAC (with a copy of such letter submitted to the City of Belleview), stating the recreational vehicle park has a potable water and sewer hook-up at each site and the park owner only rents to recreational vehicles that are self-contained units, the park shall be exempt from the requirements of this subsection.

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

(a)

Recreational vehicles, as used herein shall include motor homes, travel trailers, fifth wheels, and folding campers. Recreational Vehicles may from time to time be referred to as an "RV."

(b)

Recreational vehicles parked or operated within the city limits of Belleview shall have a valid and current registration and license plate.

(c)

Recreational vehicles greater than 35 feet in length may be stored or parked on property with a zoning designation of R-1.

(d)

Recreational vehicles parked on residential property must be parked in observance with set back and side lot provisions of the City Code for the relevant parcel of land.

(e)

Recreational vehicles may be parked in a front yard, and may be connected to electric.

(f)

Hookups of water and sewer to recreational vehicles are expressly prohibited.

(g)

Occupancy of a recreational vehicle may be permitted as an accessory use on residential property only upon issuance of a temporary occupancy permit (herein-after referred to as a "Development Services Permit") by the development services department or by special exception.

(h)

A development services permit shall only be issued upon the following conditions:

(1)

The applicant consents, in writing, to City staff members or persons acting on behalf of the City to enter the property that is the site of the temporary use to inspect and verify that the use is in compliance with the provisions of the City Code, including but not limited to this section 134-624.

(2)

A determination of necessity by the development services director for such permit.

a.

Necessity may include but is not limited to temporary use during repairs of remodeling, illness, family hardship.

b.

Appeals of the determination of necessity shall be made to the City Commission. All requests for review by the City Commission must be in writing and received by the development services director within ten days of notice of denial of the development services permit.

(i)

Occupancy pursuant to a development services permit shall also be subject to the following conditions:

(1)

Development services permits granted by the development services director shall only be valid for the time period requested, not to exceed 90 days.

(2)

Requests for temporary occupancy for more than 90 days may only be granted by the granting of a special exception under section 134-202 of the City Code and payment of the fees and costs attendant thereto.

(3)

The expiration date of development services permits shall be clearly displayed on the permit.

(4)

Development services permits or special exceptions granted for temporary occupancy of an RV pursuant to this Section may be revoked if the use of the RV occupancy thereof is a nuisance pursuant to the provisions of section 38-31, City Code of Belleview.

(5)

All waste must be self-contained during use pursuant to a temporary occupancy permit.

(6)

Applicants must request a development services permit and inspection pursuant to the development services permit.

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

It is the intent of this subdivision to establish reasonable and uniform regulations regarding group homes, community residential homes, communal living facilities and planned residential communities that will protect the health, safety and general welfare of the people of the City. It is further the intent of this subdivision to conform to Florida law regarding the siting of community-based residential facilities, and deinstitutionalized home-like care for clients of the department of elderly affairs, the agency for persons with disabilities, the department of juvenile justice, or the department of children and family services or licensed by the agency for health care administration, while protecting the character and integrity of established neighborhoods to the extent allowed by state law.

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

Each licensed communal facility shall, regardless of whether it is licensed, observe the following general requirements:

(1)

Conform to all applicable building statutes, codes, ordinances and regulations, whether federal, state or local.

(2)

Conform to all applicable fire statutes, codes, ordinances and regulations, whether federal, state or local.

(3)

Conform to all applicable health statutes, codes, ordinances and regulations, whether federal, state or local.

(4)

Conform to all applicable zoning regulations and land use laws, whether state or local.

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

(a)

Licensed communal living facilities, which meet the definition set forth hereinabove, shall be deemed a nonresidential use for the purpose of City of Belleview ordinances.

(b)

Licensed communal living facilities shall be located as provided in section 134-244, Appendix A - Schedules of District Regulations, Schedule 3 - Schedule of Regulations; Nonresidential.

(c)

When a site for a communal living facility has been selected by a sponsoring agency in an area zoned for commercial use, the agency shall notify the mayor and the development services director of the City in writing. Such notice shall include the following:

(1)

The specific address of the site;

(2)

The residential licensing category;

(3)

The number of residents;

(4)

The community support requirements of the program;

(5)

A statement from the licensing entity indicating the licensing status of the proposed community residential home and specifying how the home meets applicable licensing criteria for the safe care and supervision of the clients in the home.

(d)

Known locations of any church/place of worship, private or public school, or day care facility within 1,000 feet of the proposed licensed communal facility.

(e)

The sponsoring agency shall also provide to the City the most recently published data compiled from the licensing entities that identifies all similar facilities within the jurisdictional limits of the City of Belleview.

(f)

The City's development services director will review the notification of the sponsoring agency in accordance with the City's zoning ordinance. Pursuant to such review, the City may:

(1)

Determine that the siting of the communal living facility is in accordance with City zoning and approve the siting. If the siting is approved, the sponsoring agency may establish the home at the site selected.

(2)

Deny the siting of the home. In determining whether to approve the site selected, the City shall consider the following:

a.

Does the site conform to existing zoning regulations applicable to the proposed use.

b.

Does the facility meet applicable licensing criteria established and determined by the licensing entity, including requirements that the facility be located to assure the safe care and supervision of all clients in the communal living facility.

c.

Would approving the site result in in a combination of such homes or facilities, such that the nature and character of the area would be substantially altered. The determination of whether the nature and character of the area would be substantially altered shall conform with the following, to wit:

1.

A communal living facility that is located within a radius of 1,000 feet of church/place of worship, private or public school, day care facility shall be deemed an overconcentration of such homes that substantially alters the nature and character of the area.

2.

A communal living facility that is located within a radius of 1,000 feet of an area zoned for residential use substantially alters the nature and character of the area.

3.

A communal living facility that is located within a radius of 500 feet of another existing communal living facility shall be deemed an overconcentration of such homes that substantially alters the nature and character of the area.

(g)

If agreed to by both the City and the sponsoring agency, a conflict may be resolved through informal mediation. The resolution of any issue through the mediation process shall not alter any person's right to a judicial determination of any issue if that person is entitled to such a determination under statutory or common law.

(h)

All distance requirements in this section shall be measured from the nearest point of the existing home or area of single-family zoning to the nearest point of the proposed home.

(i)

The determination of how many residents are living in such facilities shall include staff residing in such facilities to provide such supervision and care as may be necessary to meet the physical, emotional, and social needs of the residents.

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

(a)

Group homes, which otherwise meet the definition of a community residential home, shall be deemed a single-family unit and a noncommercial, residential use for the purpose of City of Belleview ordinances.

(b)

Group homes shall be allowed in single-family or multifamily zoning without approval from the City for their location, provided that such homes shall not be located within a radius of 1,000 feet of another existing such home with six or fewer residents.

(c)

Group homes shall not be required to comply with the notification provisions of F.S. § 419.001, provided that, prior to licensure, the sponsoring agency provides the City with the most recently published data compiled from the licensing entities that identifies all community residential homes within the jurisdictional limits of the local government in which the proposed site is to be located in order to show that no other community residential home is within a radius of 1,000 feet of the proposed home with six or fewer residents.

(d)

All distance requirements in this section shall be measured from the nearest point of the existing home or area of single-family zoning to the nearest point of the proposed home.

(e)

At the time of home occupancy, the sponsoring agency must notify the City that the home is licensed by the licensing entity.

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

(a)

Community residential homes, which meet the definition set forth herein-above, shall be deemed a multifamily unit and a noncommercial, residential use for the purpose of City of Belleview ordinances.

(b)

When a site for a community residential home has been selected by a sponsoring agency in an area zoned for multifamily use, the agency shall notify the mayor and the development services director of the City in writing. Such notice shall include the following:

(1)

The specific address of the site;

(2)

The residential licensing category;

(3)

The number of residents;

(4)

The community support requirements of the program;

(5)

A statement from the licensing entity indicating the licensing status of the proposed community residential home and specifying how the home meets applicable licensing criteria for the safe care and supervision of the clients in the home.

(c)

The sponsoring agency shall also provide to the City the most recently published data compiled from the licensing entities that identifies all community residential homes within the jurisdictional limits of the City of Belleview.

(d)

The City's development services director will review the notification of the sponsoring agency in accordance with the City's zoning ordinance. Pursuant to such review, the City may:

(1)

Determine that the siting of the community residential home is in accordance with City zoning and approve the siting. If the siting is approved, the sponsoring agency may establish the home at the site selected.

(2)

Deny the siting of the home. The City shall not deny the siting of a community residential home unless the siting of the home at the site selected:

a.

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

b.

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

c.

Would result in such a concentration of community residential homes in the area in proximity to the site selected, or would result in a combination of such homes with other residences in the community, such that the nature and character of the area would be substantially altered. The determination of whether the nature and character of the area would be substantially altered shall conform with the following, to wit:

1.

A home that is located within a radius of 1,200 feet of another existing community residential home in a multifamily zone shall be an overconcentration of such homes that substantially alters the nature and character of the area.

2.

A home that is located within a radius of 500 feet of an area of single-family zoning substantially alters the nature and character of the area.

(e)

If agreed to by both the City and the sponsoring agency, a conflict may be resolved through informal mediation. The resolution of any issue through the mediation process shall not alter any person's right to a judicial determination of any issue if that person is entitled to such a determination under statutory or common law.

(f)

The City shall not issue a license to a sponsoring agency for operation of a community residential home if the sponsoring agency does not notify the City of its intention to establish a program, as required by F.S. § 419.001(3). A license issued without compliance with the provisions of this section shall be considered null and void, and the City may seek to have continued operation of the home enjoined.

(g)

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

(h)

Nothing in this section shall permit persons to occupy a community residential home who would constitute a direct threat to the health and safety of other persons or whose residency would result in substantial physical damage to the property of others.

(i)

All distance requirements in this section shall be measured from the nearest point of the existing home or area of single-family zoning to the nearest point of the proposed home.

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

(a)

A planned residential community may contain two or more community residential homes that are contiguous to one another.

(b)

A planned residential community may not be located within a ten-mile radius of any other planned residential community.

(c)

Community residential homes, including group homes of six or fewer residents which would otherwise meet the definition of a community residential home, which are located within a planned residential community are not subject to the proximity requirements of this section and may be contiguous to each other.

(d)

The residents' freedom of movement within and outside the community may not be restricted.

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

(a)

Location criteria. Adult use establishments shall be permitted in the B-5 wholesale business district, subject to the following locational criteria:

(1)

No adult use establishment including an adult bookstore operating only as an adult bookstore may be located within 500 feet of any A-1, R-1, R-2, R-3, R-4, RMH, R-O, RPD, H, and GU district or any residential use, nor within 1,000 feet of any church/place of worship, private or public school, day care facility; nor within 500 feet of any group homes and foster care facilities, park/open space area, indoor recreation facility, or commercial recreation facilities (indoor or outdoor), which is validly located or has previously received legal authority to locate.

(2)

The distance requirements shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from any entrance regularly used by patrons of the adult use establishment to the nearest property line of the zoning districts or uses identified in subsection (a)(1) of this section.

(3)

No adult use establishment may be located within 1,000 feet of any other adult use establishment or alcoholic beverage establishment which is operating under an alcohol beverage permit.

(4)

The distance requirements between two adult use establishments or between an adult use establishment and an alcoholic beverage establishment shall be measured by following, the shortest route of ordinary pedestrian travel along the principal streets in the area between the main entrances of such establishments.

(b)

Prohibited operation of business or activity. Nothing in this section shall be construed to permit the operation of any business or the performance of any activity prohibited under any other section in chapter 14 of this City Code. Additionally, nothing in this section or chapter 14 of this City Code shall be construed to authorize, allow or permit the establishment of any business, the performance of any activity, or the possession of any item, which is obscene under the judicially established definition of obscenity.

(c)

Existing nonconforming adult use establishment. An existing adult use establishment shall adhere to the requirements in subsection (a) of this section, nonconforming adult use establishments.

(d)

Hours of operation. An adult use establishment shall adhere to the requirements in section 14-332, hours of operation.

(e)

Nonconforming adult uses.

(1)

Adult uses which have been established at their existing locations prior to the effective date of Ordinance No. 95-07, and which are not in conformity with the locational requirements of this section, may continue to operate for one year after the effective date of Ordinance No. 95-07, unless terminated sooner for any reason including failure to have a valid adult use license or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. After the one-year period, a nonconforming adult use shall be regarded as operating in violation of this section.

(2)

If two or more adult use establishments are within 1,000 feet of one another, but otherwise in a permissible location, the adult use establishment which first began continual operation at the particular location is the conforming use and the later established adult use establishment is nonconforming.

(3)

An adult use establishment lawfully operating or permitted to operate as a conforming use is not rendered a nonconforming use through the subsequent location of a church/place of worship, private or public school, day care facility, group homes or foster care facilities, park/open space area, indoor recreation facilities, commercial recreation facilities (indoor or outdoor), or residential zoned property within the locational provision of subsection (a) of this section.

(4)

If a court of competent jurisdiction determines that, as applied to a particular nonconforming adult use, the one-year period for attaining conforming status is unenforceable, then a two-year period shall apply.

(f)

Variances.

(1)

If an applicant receives a certification of noncompliance because the location of the proposed adult use is in violation of the locational requirements of this section, then the applicant may, not later than 60 calendar days after receiving notice of the certification of noncompliance, file with the development services director and the Planning and Zoning Board a written request for a variance from the locational restrictions of subsection (a) of this section. Filing of such a request shall preserve the pending status of the application for purposes of the review of conflicting applications.

(2)

If a timely written request is filed with the development services director and with the Planning and Zoning Board, then the board shall consider the request for a variance. The development services director shall set a date for the hearing within 60 days from the date the written request is received.

(3)

The Planning and Zoning Board shall hear and consider evidence offered by any interested person in a public hearing scheduled with public notice. Public notice shall be pursuant to the requirements of this chapter. 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. The Planning and Zoning Board may, in its discretion, grant a variance, with reasonable conditions, from the locational restrictions of subsection (a) of this section if it makes the following findings.

(4)

The Planning and Zoning Board may only grant a variance to the provisions of this section by an affirmative vote of four members of the board. Failure to obtain four affirmative votes shall result in a denial of the variance. The decision of the Planning and Zoning Board is "final agency action" regarding the requests for variance.

(5)

If the Planning and Zoning Board denies the variance, the applicant may not reapply for a variance until at least one year has elapsed since the date of the board's action. This requirement may be waived by the City Commission.

(6)

The grant of a variance, under this subsection does not exempt the applicant from any other provisions of this section other than the locational restrictions of section 14-261 of this Code, as conditioned by the Planning and Zoning Board.

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

(a)

Zoning. Condominiums shall be allowed only in R-3 zoning pursuant to the following restrictions and conditions:

(1)

Each dwelling shall have a minimum of two parking places.

(2)

Each building shall have a minimum side lot of eight feet, with a minimum 16 feet between the buildings, where no water or sewer mains pass between the buildings.

(3)

Water and/or sewer mains must be located a minimum of ten feet from the footer of any building.

(4)

Lot coverage ratio for the entire condominium development shall be a maximum 60 percent.

(5)

Front yard setbacks shall be a minimum of 25 feet for each building.

(6)

Rear yard setbacks shall be a minimum of 25 feet for each building.

(7)

The maximum height of any building in a condominium development shall be a maximum of 50 feet (measured from the ground to the tallest point on such building, including the roof).

(8)

Setbacks and side lot minimum distances shall be measured from the exterior surface of the exterior walls.

(9)

All condominium projects consisting of four or more dwelling units erected on a single parcel must comply with the city site plan and drainage provisions, chapter 22 of this Code.

(b)

Easements. No structure may be erected, placed upon or extended over any existing easement. A minimum of 20 feet is required for utility easements.

(c)

Review. There may be simultaneous review of the proposed development by other agencies authorized by local or state law to conduct such reviews. All condominium developers must comply with the rules, regulations and other requirements of such agencies. The developer will be responsible for all costs incurred by way of such reviews.

(d)

Compliance with code provisions. All developers must comply with all other pertinent sections of this Code including, but not limited to, drainage requirements, traffic impact and system development charges.

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

A bakery is permitted in the zones designated in the Schedule of District Regulations in section 134-244; provided, however, that all preparation of food is for retail sale on the premises. This requirement is not to apply in zones which permit bakeries without exception. Wholesale bakeries are classified as Manufacturing under this chapter.

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

(a)

On-site retail selling of farm goods (flowers, fruits, vegetables) produced on the premises is permitted in all zones. Traffic generated by such sales must not be greater in volume than would normally be expected in the neighborhood; and, where applicable, temporary sign and permit requirements must be met (as for garage sales). Wholesale packing, shipping or processing of foodstuffs is limited to specific zones.

(b)

Orange juice stands and the accessory packing and shipping of gift boxes of fruit related to the main use of retail selling shall be permitted as retail uses. Any processing, packing, crating or shipping, other than retail selling of goods produced on the premises, shall be located on in B-4, B-5, M-1 or M-2 zones.

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

(a)

No structure or land shall be used for storage, sale or use of gasoline at a place closer than 250 feet, measured in a straight line, to any building or structure regularly used as a place of worship, school, college, university, hospital, housing for the elderly, nursing or personal care facility, residential child caring facility, auditorium or theater except open air theaters.

(b)

No structure shall be used as a place of worship, school, college, university, hospital, housing for the elderly, nursing or personal care facility, auditorium or theater, except as an open-air theater, within 250 feet measured in a straight line from any place which is used for the storage, sale or use of gasoline or which has been used for such storage, sale or use within the preceding nine months.

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

The regulation of garage and yard sales shall be as provided in article II, chapter 62 of this Code.

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

(a)

Administrative review and approvals. The following uses shall be reviewed and approved administratively by the development services director:

(1)

Installing antennas on existing telecommunication towers.

(2)

Installing antennas on existing structures other than a telecommunication tower (such as a building, light pole, water tower, or other freestanding non-residential structure) that is 50 feet in height or higher, so long as said additional antenna adds no more than 20 feet to the height of the originally approved structure.

(3)

Replacement towers, antenna support structures or tower modifications meeting the requirements of this subsection. A telecommunication tower may be modified or reconstructed to accommodate the collocation of an additional communication antenna by administrative review and shall be subject to the following provisions:

a.

The modified or replacement structure shall be either of the same tower type as the existing communication tower or a monopole tower that is replacing an existing lattice or guyed tower, not to exceed 40 feet above the original structure height.

b.

An existing communication tower may be modified or rebuilt to a taller height, not to exceed 40 feet over the tower's original height, to accommodate the collocation of additional communication antennas.

(b)

Special exception review and approvals. All towers and antenna support structures identified as special exceptions in this chapter, other than those identified above in subsection (a), shall require review and approval as special exceptions subject to the requirements of this section and subdivision III, division 5, article II of this chapter.

(c)

Special exception submittal requirements. The Planning and Zoning Board is under no obligation to approve a special exception for a telecommunication tower and/or antenna unless and until the applicant meets their burden of demonstrating that the proposed use will not adversely affect the public interest, the proposed use is consistent with the comprehensive plan and the proposed use is compatible with land uses in the surrounding area. The Planning and Zoning Board's determination shall be based on substantial and competent evidence, documentation and testimony received at the public hearing including but not limited to the recommendation of the development services director, information from the applicant and any party in support or opposition, or their respective representatives. In addition, the Planning and Zoning Board shall consider the following factors in determining whether to approve a special exception for a new tower, although the Planning and Zoning Board may waive or reduce the burden on the applicant of one or more of these criteria if the Board concludes that the goals of this section are better served thereby.

(1)

Height of the proposed tower; surrounding topography; surrounding tree coverage and foliage; nature of uses on adjacent and nearby properties; proposed ingress and egress; and availability of suitable existing towers and other structures as set forth in this section.

(2)

Proximity of the tower to residential structures and residential subdivision boundaries, including the amount of the tower that can be viewed from surrounding residential zones in conjunction with its proximity (distance) to the residential zone, mitigation landscaping, existing character of surrounding area, or other visual options proposed by the applicant;

(3)

Proximity of the tower to public and private airports, including but not limited to the effect on the airport traffic pattern and visual and instrument approaches, orientation to the runway heading and type and volume of aircraft traffic operating at the airport.

(4)

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, including the extent to which the tower is designed and located to be compatible with the nature and character of other land uses and/or with the environment within which the tower proposes to locate, the tower may be placed, designed or camouflaged to assist with mitigating the overall aesthetic impact of a tower;

(5)

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning and Zoning Board that no existing tower or antenna support structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or antenna support structure can accommodate the applicant's proposed antenna must be submitted with the application and may consist of any of the following:

a.

No existing towers or antenna support structures are located within the geographic area required to meet applicant's engineering requirements.

b.

Existing towers or antenna support structures are not of sufficient height to meet applicant's engineering requirements.

c.

Existing towers or antenna support structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or antenna support structure, or the antenna on the existing towers or antenna support structures would cause interference with the applicant's proposed antenna.

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or antenna support structure or to adapt an existing tower or antenna support structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

f.

The applicant demonstrates that there are other limiting factors that render existing towers and antenna support structures unsuitable.

(d)

Development standards. The following development standards shall govern the application, consideration and issuance of administrative and special exceptions. The applicant shall comply with the following conditions, unless the applicant can demonstrate that the goals of this section are better served by the waiver of these requirements.

(1)

Setbacks and locational requirements. The following requirements shall apply to all; provided, however, that the Planning and Zoning Board may reduce the requirements if the goals of this section would be better served thereby.

a.

Setbacks from parent property lines. Tower setbacks shall be measured from the base of the tower to the property lines of the parent parcel. The tower owner shall provide a lease or deed or recorded fall zone easement covering the certified fall radius, and all towers shall be located on a parcel in such a manner that in the event of collapse, the tower structure and its supporting devices shall be contained within the confines of the property lines of the parent parcel. The fall radius of the tower shall be determined and certified by a Florida Licensed Engineer. Structural support devices such as peripheral anchors, guy wires or other supporting devices shall be located no closer than 25 feet from any property line of the parent parcel.

b.

Towers shall be set back a minimum of 150 percent of the tower height from any adjacent or surrounding residential dwelling and 100 percent of the tower height from any adjacent or surrounding residentially zoned land and all public road rights-of-way.

c.

If the owner of the property where the tower is to be located owns residential units thereon or on surrounding properties (or if such properties are owned by his or her parents or children and they have consented in writing), those units shall not be taken into consideration when calculating the setback and locational requirements in this section.

(2)

Collocation. All new towers shall be designed and constructed to allow collocation of a minimum of two antennas for monopoles and four antennas for other towers. The tower owner/operator shall submit executed collocation agreements or binding letters of intent for each collocation as support for granting the permit to locate the tower, if any. Collocation agreements or binding letters of intent shall be in a form acceptable to the development services director that shall provide that each of the additional users will be utilizing the tower upon its completion.

(3)

Landscaping and buffers. Landscaping of tower electrical control equipment facilities shall apply to those sites which are adjacent to or within 330 feet (straight line distance) of a residence or development. A planting area a minimum of four feet wide, around the outside perimeter of the fence around the tower compound shall be established. The area shall be planted with a hedge of native or ornamental evergreen shrubs at least 30 inches in height at planting and capable of growing to at least 40 inches in height within the first growing season. Plants shall be mulched using two inches of material. A drip or low volume/pressure irrigation system or other alternative means of insuring hearty growth of vegetation shall be utilized. These plant materials shall be designed and placed to effectively screen the view of the tower compound from adjacent property. Ornamental trees may be included in the design to achieve this goal. Landscape buffering on the parent parcel shall be installed along the portion of the parent parcel boundaries between the tower and off-site residentially zoned property as necessary to buffer residential property when vegetative buffers are non-existent or provide insufficient screening. Plant materials shall be designed and placed to screen the view of the tower compound. Ornamental trees may be included in the design to achieve this goal. Existing mature tree growth and natural land forms on the property shall be protected and preserved to the maximum extent possible. New trees shall be a minimum of two inches DBH and shall be container grown. Shrubs shall be a minimum of 18—24 inches in height. Plants shall be mulched using two inches of material. All plant material shall be maintained in perpetuity following final inspection and approval. Replacements shall be made annually and coordinated with the development services director or designee. The Planning and Zoning Board may require a greater buffer where appropriate or waive or modify any or all of these requirements if the goals of this section would be better served thereby.

(4)

Lighting. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA) or other applicable authority. If lighting is required, the city shall review the available lighting alternatives and approve the design that will cause the least disturbance to the surrounding views, including but not limited to installation of bottom shielding on all lights.

(5)

Color. Towers shall either maintain a galvanized steel finish, or concrete, or be painted a color so as to reduce visual obtrusiveness, subject to any applicable standards of the FAA, except for camouflage towers. The wiring conduit and coaxial cable shall be designed or painted to reduce visual obtrusiveness.

(6)

Buildings. At the tower site, the design of the building and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment. Outdoor storage is not permitted at a tower site.

(7)

Antenna. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(8)

Signage. No signage shall be allowed on any tower, except as required for public safety purposes, or by the Federal Communication Commission (FCC).

(9)

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the Planning and Zoning Board may waive such requirements, as it deems appropriate.

(10)

Inventory of existing sites. In order to encourage collocation of facilities, the development services department shall maintain a current map of all existing towers and all antenna support structures on which an antenna has been located. To prepare and maintain such a map, at the time of its first application after the effective date of this ordinance, each applicant for an antenna and or new tower shall provide to the development services department an update of the inventory of the communications company's existing towers and antennas and approved towers that are either within City of Belleview or within one-quarter mile of the border thereof, including specific information about the location (©ing longitude, latitude, and State Plane Coordinates), height, and design of each tower. The development services department may share such information with other applicants applying for approvals under this subsection or other organizations seeking to locate towers or antennas within the jurisdiction of the Planning and Zoning Board, provided, however, that the development services department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(11)

Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If, upon inspection, the Planning and Zoning Board concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said 30 days, the Planning and Zoning Board may remove such tower at the expense of the owner and/or landowner.

(12)

Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower constructed after April 28, 1998 shall ensure that it is constructed and maintained in compliance with EIA/TIA 222-E Standard, as published by the Electronic Industries Association, which may be amended from time to time, and all standards contained in the city building code and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Planning and Zoning Board concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said 30 days, the Planning and Zoning Board may remove such tower at the expense of the owner and/or landowner.

(13)

Public notice. For purposes of this section, any special exception for a tower shall require public notice to all abutting property owners and all owners of property that are located within 500 feet of the perimeter of the parent parcel upon which the proposed communication tower is located and notice to owners of private and public airports within a two-mile radius of the proposed site.

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

Areas used for parking of commercial vehicles, or storage of vehicles, or outdoor storage or uses shall be screened, buffered, or fenced in such a manner as to screen said areas from view from access streets, freeways, and incompatible adjacent properties. Such screening shall form a complete opaque screen up to a point eight feet in height.

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

The placement of new or replacement rollup shutters for nonresidential uses shall be located interior to doors and windows.

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