The purpose of this Article is to set forth the general provisions concerning land use. The provisions established herein shall regulate land use, density and intensity, establish building lot and yard requirements, establish land use districts that identify the location of land uses in the City of Bowling Green, establish standards for land use in the City, and provide for a map locating the permitted land uses in the City. All land in Bowling Green shall be subject to the provisions of this Article, and shall be shown on the Official Zoning Map as provided in Section 8.05.00. More than one permitted use may be co-located on a single parcel of land in any zoning district within the City.

2.01.01.

Development approval.

(A)

No development approval shall be issued unless the proposed development conforms to the design regulations prescribed within the applicable zoning district. The design regulations, including lot layout, height, and density/intensity standards, are included in Table 2.04.01(B).

(B)

No use is permitted unless it is listed as a permitted, special exception or site development plan in the Table of Land Uses. However, uses that are required to be permitted in any zoning district by State statute may be permitted in accordance with state law whether or not the use is included in the Table of Land Uses.

(C)

A use not specifically mentioned or described by category in the Table of Land Uses is prohibited. Evaluation of these uses shall be as set forth in Section 2.01.02 of this chapter.

2.01.02.

Interpretation - Materially similar uses.

(A)

The City Manager, or his/her designee, shall determine if a use not mentioned can reasonably be interpreted to fit into a use category where similar uses are described. Interpretations may be ratified by the City of Bowling Green upon recommendation by the Planning Commission at a regularly scheduled meeting. It is the intent of this Code to group similar or compatible land uses into specific zoning districts, either as permitted uses (P), uses authorized as special exceptions (S), or uses approved as site development plan (D). Uses not listed in the Table of Uses (Table 2.04.01(A)) as P, S, or D are presumed to be prohibited from the applicable zoning district. In the event that a particular use is not listed in the Table of Uses, and such use is not listed as a prohibited use under the specific zoning district and is not otherwise prohibited by law, the City Manager, or his/her designee, shall determine whether a materially similar use exists in this section.

(1)

Should the City Manager, or his/her designee, determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed, and the City Manager or his/her designee's decision shall be recorded in writing.

(2)

Should the City Manager, or his/her designee, determine that a materially similar use does not exist, the matter may be referred to the Planning Commission for consideration for amendment to the LDC to establish a specific listing for the use in question. Unless an appeal is timely filed pursuant to Article 8, the City Manager or his/her designee's decision is valid.

(3)

Periodically, the City Manager, or his/her designee, shall forward the materially similar use decisions to the Planning Commission for ratification of interpretations and to be considered as potential text amendments to the LDC. If, when seeking periodic ratification of interpretations, the City Manager's, or his/her designee, interpretation is reversed, then decisions made in reliance on the City Manager's, or his/her designee, interpretation become nonconforming uses.

(B)

Rules of Interpretation.

(1)

The City Manager, or his/her designee, may determine that a use is materially similar if the use is of the same general type as the uses permitted there by this Code based on characteristics, use patterns, and land use and traffic impacts.

(2)

The City Manager, or his/her designee, may utilize the following resources in making a determination of materially similar use:

a.

The use is listed as within the same structure or function classification as the use specifically enumerated in the Table of Land Uses, as determined by the Land-Based Classification Standards (LBCS) of the American Planning Association (APA). The City Manager, or his/her designee, shall refer to the following documents in making this determination, which documents are incorporated by reference and are maintained on file in the office of the planning department:

1.

LBCS Activity Dimension with Detail Descriptions (April 1, 2001);

2.

LBCS Function Dimension with Detail Descriptions (April 1, 2001);

3.

LBCS Structure Dimension with Detail Descriptions (April 1, 2001); and

4.

LBCS Tables (April 1, 2001).

The use shall be considered materially similar if it falls within the same LBCS classification.

b.

If the use cannot be located within one of the APA's LBCS classifications pursuant to subsection (A) above, the City Manager, or his/her designee, may refer to the most recent North American Industry Classification System (NAICS) Manual. The use shall be considered materially similar if it falls within the same industry classification of the most recent NAICS Manual.

2.02.01.

Regulations for historic sites.

(A)

Criteria for designation of historic sites.

The purpose of this Section is to establish criteria for identifying structures and sites of historical significance in Bowling Green, and to establish procedures to preserve them. The City Commission, after receiving recommendation(s) from the Planning Commission, shall designate historic sites based on the following criteria:

(1)

The site or structure is associated with events that are significant to local, state, or national history; or the site or structure embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction.

(2)

The property is one which, by its location, design, setting, materials, workmanship, feeling and association adds to the city's sense of time and place and historical development.

(3)

The property's design, setting, materials, workmanship, feeling and association have not been so altered that the overall integrity of the site has been irretrievably lost.

(4)

The structure or site is more than 50 years old, unless there is a strong justification concerning its historical or architectural merit, or the historical attributes of the structure or site are considered to be less than 50 years old.

All properties listed in the National Register of Historic Places and/or the Florida Master Site File of Historic Places shall be presumed to meet the above criteria, and shall be classified as Designated Historic Sites. Any other property may be so classified by the City Commission upon a finding that it meets the above criteria. The Building Official may issue an official certificate of historic significance to the owners of Designated Historic Sites, and is authorized to issue and place official signs at such locations.

Structures and buildings classified as Designated Historic Sites shall be entitled to modified enforcement of the Florida Building Code.

(B)

Criteria for modification of historic structures. No demolition, alteration, or relocation of a historic structure shall be permitted except as provided below:

(1)

Work that does not require a construction permit and that is done to repair damage or prevent deterioration or decay of a structure or part thereof as nearly as possible to its condition prior to the damage, deterioration, or decay.

(2)

Activity approved by the Building Official that restores the structure's original appearance, or a reasonable approximation.

(3)

Activity approved by the City Commission that will not preserve or re-create the structure's original appearance. The Planning Commission shall review the proposal and make a recommendation prior to the City Commission's vote.

(C)

New construction on historic sites.

All new construction within a Designated Historic Site shall be reviewed by the Planning Commission and approved by the City Commission. New structures, parking lots, drainage facilities, and other objects shall be depicted on a site development plan or sketch plan, which shall be submitted to the Building Official prior to review by the Planning Commission. All site alterations shall be consistent with the approved site plan.

In approving new structures or facilities on a historic site, the City Commission shall determine that the proposal would not hinder the use or enjoyment of the historic site or surrounding historic properties. Also, the Commission shall find that the new site feature(s) would be hidden to the greatest extent possible and/or are appropriate and compatible with the balance of the site and adjacent historic sites. The Commission may place any conditions on approval that it determines are necessary to protect the integrity of the historic site or area.

2.02.02.

Special needs housing and facilities.

(A)

Special needs housing and facilities provide 24-hour care. These care facilities are subject to local zoning laws and may be located in residential areas but are generally confined to commercial areas.

(B)

They are licensed or registered by the State of Florida according to separate and specific provisions of the Florida Statutes. Article 9 of this Code defines each special needs housing facility. They are listed as a group in the Table of Land Uses, 2.04.01(A), and permitted in all commercial zoning districts.

(C)

Any violation of applicable State regulations shall be deemed a violation of this Code, and shall constitute grounds for termination of the use.

2.02.03.

Family foster and day care homes.

(A)

Family Foster Homes, Family Day Care Homes and Adult Family-Care Homes are permitted in residential areas, in occupied homes only and are not subject to local zoning laws when so located. Licensing, registration, occupancy and other matters are regulated under specific provisions of the Florida Statutes. Article 9 of this Code defines each family care or foster home. They are included as a group in the Table of Land Uses, 2.04.01(A), and permitted in all residential zoning districts.

(B)

Where State Law permits such uses in residential zoning districts, no sign indicating the purpose or nature of the facility shall be permitted, except as is allowed for a home occupation.

(C)

Any violation of applicable State regulations shall be deemed a violation of this Code, and shall constitute grounds for termination of the use.

2.02.04.

Moving of buildings. No structure shall be moved from one development site to another unless such structure shall, at the new location, comply with all applicable provisions of this Code and all other applicable codes. A permit is required from the office of the City Manager.

2.02.05.

Requirements for lots divided by a right-of-way. Where a single lot or parcel that has been recorded in the public records of Hardee County under a unified legal description is divided by a public or private right-of-way, road, alley or easement, the following standards shall apply:

(A)

Where the land area on each side of the right-of-way meets the minimum size requirement of the applicable zoning district, the property shall be considered two (2) lots for the purposes of this Code.

(B)

Where the land area on one or both sides of the right-of-way fails to meet the minimum size requirement, then the property shall be considered one (1) lot for the purposes of this Code. The principal structure shall be located on the larger portion of the property.

(C)

No subdivision plat that includes a lot divided by a right-of-way shall be approved unless such lot meets the applicable size requirement on at least one side of the right-of-way.

2.02.06.

Alteration of lot size. No existing lot shall be reduced in area or dimension below the minimum requirements applicable to such lot under the provisions of this Code, except that when a lot is reduced in dimension or total area by 20 percent or less by the voluntary dedication and acceptance of a portion of such lot for a public use, the lot shall be considered to contain the dimensions and area it contained prior to such dedication. However, for purposes of measuring compliance with setback requirements of this Code, the dimensions and area of such lot as it exists after the voluntary dedication shall apply.

2.02.07.

Limitations on animals.

All animals, whether maintained as pets or livestock, shall at all times be kept on the owner's property or maintained under the owner's control. With regard to dogs and cats, limitations on these animals are addressed by City of Bowling Green Ordinance 2016-06.

Except in AG districts and in residential zoning districts with approval by Special Exception and as allowed by Ordinance 2013-11, no person shall breed or maintain farm animals, fowl, or other livestock within Bowling Green. These shall include, but are not limited to, bees, chickens (including roosters), peacocks, horses, cattle, sheep, goats, pigs, and pigeons. Where permitted, such animals shall be maintained in healthy conditions. Where non-agricultural districts abut agricultural property, pens, cages, grazing areas and other structures or facilities for such animals shall be located no less than 50 feet from any residential structure in any district other than AG.

No person shall breed or maintain any wild animal or poisonous reptile that, in the opinion of the City Manager, or his/her designee, poses a threat to human safety in Bowling Green. Excluded from this restriction are zoos, pet shops, animal shelters, medical or scientific facilities, or other locations where the showing or maintenance of such animals is a permitted use under the provisions of this Code.

2.02.08.

Fence height limitations.

No fence or solid wall on any property shall exceed six (6) feet in height in any residential zoning district, or eight (8) feet in any commercial or industrial zoning district. No fence or other obstruction, including signs (having less than 8 feet of ground clearance), walls, hedges, or other structures shall exceed four (4) feet in height within 25 feet of a street intersection. In all zoning districts, fences or walls shall be limited to four (4) feet in height within required front or side street setback areas.

On a through lot, other than a corner lot, a six (6) foot fence may be placed on the rear property line adjacent to an arterial road, and in such instances, such lot shall not be treated as a through lot for setback purposes. If residential structures on abutting properties face or have access to the arterial road, this exception shall not apply.

Berms within the front setback, or within 25 feet of a street intersection, used in conjunction with fences or walls, shall be considered as included in the height restriction for such fences or walls. The height of a fence or wall shall be measured from finished grade prior to berming. Fences or walls that exceed the height limits established in this Section shall meet side and rear setback requirements applicable to accessory structures, and front setback requirements applicable to principal structures.

Fences must be constructed of new materials designed for that purpose or aged for proper architectural effect. Fences having a side with exposed or irregular structural components, and a more finished, uniform and aesthetically attractive side, shall be constructed and installed so that the more finished side faces outward from the fence's property toward the adjoining property.

No fence shall contain any substance designed or reasonably likely to inflict injury to any person or animal, including, but not limited to, razor or barbed wire, glass or electrically charged wire; with the exception that barbed wire and electrically charged wire may be used in the agricultural district and up to three (3) strands of barbed wire may be used on top of a six-foot fence in the Industrial (I) zoning district.

Notwithstanding the provisions of this Section, the use of security fencing may be used at sites, such as electrical substations and communications facilities, where such fencing is required by Federal, State or local law, or other sections of this Code. Further, temporary security fencing may be utilized for construction sites while a permit for the work is active for the construction site. All temporary fences shall be removed prior to the issuance of a Certificate of Occupancy.

2.02.09.

Height limitations. The height regulation in the individual zoning districts may be exceeded in the case of some structures, including, but not limited to, communication towers, water towers, church steeples, industrial structures and airport structures. Where the height limit is exceeded, the setback from all property lines to the structure shall be one (1) foot for every foot of height.

2.02.10.

Residential yard sales. Yard sales in residential areas are allowed four (4) times per calendar year for the sale of the owner's personal items. Block yard sales are allowed two (2) times per calendar year for the combination sale of individuals residing in the area. Yard sales shall be limited to two (2) days in duration, and shall require the issuance of a permit by the Zoning Department. A permit is required from the City Manager. Other regulations apply under separate ordinance. See City of Bowling Green Ordinance 91-3, "Regulations of Garage Sales, including Yard Sales."

2.02.11.

Septic tank systems. Where septic tanks are permitted, each individual single-family residence shall have its own septic tank. No septic tank system, including drain field, may be located less than five (5) feet from any property line.

2.02.12.

Modular homes.

(A)

Findings and intent. The City Commission hereby adopts findings that the purposes of this section are to encourage the provision of affordable housing, set minimum standards for housing in residential districts and achieve legitimate governmental objectives of public health, safety and welfare by making adequate provision for manufactured homes in residential, agricultural and rural residential districts by permitting the use of residential design manufactured housing in residential districts in which similar dwellings constructed on the site are permitted, subject to the requirements and procedures set forth in this section to assure similarity in exterior appearance between such residential designed manufactured housing and dwellings that have been constructed under these and other lawful regulations on adjacent lots in the same district. Manufactured homes approved as residential design manufactured homes, either individually or by specific model, shall be permitted in residential districts in which similar residential occupancy is permitted, subject to requirements and limitations applying generally to such residential use in the districts, including, without limitation, minimum lots, yard and building spacing, percentage of lot coverage, off-street parking requirements and approved foundations as described in this chapter.

(B)

Manufactured homes approval procedures.

(1)

Plans for residential design manufactured homes shall be reviewed by the city manager, or his/her designee.

(2)

Application. Application for approval of manufactured homes as residential design manufactured homes shall be submitted to the city manager's office or his designee in such form as may reasonably be required to make determinations; in particular, in addition to such information as is generally required for permits and as is necessary for administrative purposes, such applications shall include all information necessary to make determinations as to conformity with the standards herein, including photographs of all sides of the residential design manufactured homes, exterior dimensions, roof pitch, roof materials, exterior finish, and other information necessary to make determinations.

(3)

Actions by the city manager, or his/her designee; time limitations on determinations. Within 15 business days of receipt of the application and all required supporting materials, the city manager, or his/her designee, review the plans and make the determination as to conformity with the standards of this section, and shall notify the applicant of the approval, conditional approval, or denial of the application. Conditional approval shall be granted only where the conditions and reasons are stated in writing and agreed to by the applicant, and such conditions shall be binding upon the applicant. In the case of disapproval, the reasons for disapproval shall be stated in writing.

(C)

Standards and requirements. Buildings for residential habitation installed in lieu of site-built homes must also meet the following requirements:

(1)

Compatibility. The applicant shall demonstrate that the installation of the manufactured home is compatible with existing uses in the surrounding area, and shall be compared to site-built housing in the neighborhood within the same zoning district. Approval for residential design manufactured homes shall not be granted unless it is found that the residential design manufactured home is substantially similar in size, siding, material, roof pitch, roof material, foundation and general appearance to site-built housing that may be permitted by the zoning and/or building code in the neighborhood in the same zoning district.

(2)

Construction. The manufactured home must be new (never previously titled or occupied).

(3)

Main body. The main body of the manufactured home, as located on the site, shall be a minimum width of 24 feet.

(4)

Roof pitch, overhang and materials. The main roof of the manufactured home shall have a nominal roof pitch of at least one foot rise for each four feet of horizontal run and the minimum roof overhang shall be one foot. All roofing material shall be consistent on such roof and shall be compatible with site-built houses in adjacent or nearby locations.

(5)

Exterior finish. Exterior finish shall be consistent with site-built homes in adjacent or nearby locations, provided, however, that reflection from such exterior finish shall not be greater than from siding coated with clean white gloss exterior enamel.

(6)

Foundations. All manufactured homes shall be located on approved permanent foundations similar and compatible in appearance to foundations of adjacent or nearby site-built residences.

(7)

Stem wall or skirting. All manufactured homes shall have either a stem wall or stucco skirting, and the stem wall or skirting shall be placed on all sides with simulated or real block, brick, stone or equivalent finish.

(8)

Site orientation. All manufactured homes shall be placed on lots in such a manner as to be compatible with and reasonably similar in orientation to the site-built housing which has been constructed in adjacent or nearby locations.

(9)

Garages, carports and driveways. A manufactured home shall be required to have a garage or carport compatible with adjacent or nearby site-built garages or carports. Driveways and the floors of garages or carports shall be paved compatible with adjacent or nearby site-built residences.

(10)

Steps. Front and back steps to manufactured homes shall be concrete with hand rails.

(11)

Exterior finish; light reflection. Only material for exterior finish that is generally acceptable for site-built housing constructed in adjacent or nearby locations may be used; however, reflection for such exterior shall not be greater than from siding coated with clean white gloss exterior enamel.

(12)

Additional conditions. The City Commission may include additional conditions or modify these required conditions to assure similarity in exterior appearance and compatibility between manufactured housing and site-built dwellings in adjacent or nearby locations.

2.02.13.

Sale of alcoholic beverages. The sale of alcoholic beverages for consumption on the premises where such beverages are sold is prohibited, except as provided in this subsection. "Bottle clubs" or other establishments where alcoholic beverages are consumed, but not sold, on the premises, shall be prohibited, except as provided below.

(A)

Private clubs. Private clubs, including country clubs and civic or fraternal organizations, may serve alcoholic beverages upon obtaining the necessary licenses and permits from the State of Florida, when such service is incidental to the main use of the property and is limited to the exclusive use of members and guests of the club.

(B)

Restaurants. The sale of alcoholic beverages in restaurants shall be permitted in C-1, C-2, and I districts. In these districts the sale of alcoholic beverages is subject to the following standards:

(1)

More than 50 percent of the establishment's revenues are derived from the sale of food.

(2)

All public entrances of the establishment are located at least 500 feet from a church, day care center or public school.

(3)

All public entrances of the establishment are located at least 150 feet from any residentially zoned property.

(4)

Points of ingress/egress to the property connect to a road having a functional classification of "Collector" or higher.

(C)

Drinking establishments. The on-premises consumption of alcoholic beverages in drinking establishments shall be permitted in C-1, C-2, and I districts. In these districts the sale of alcoholic beverages is subject to the following standards:

(1)

All public entrances of the establishment are located at least 500 feet from a church, day care center or public school.

(2)

All public entrances of the establishment are located at least 150 feet from any residentially zoned property.

(3)

Points of ingress/egress to the property connect to a road having a functional classification of "Collector" or higher.

2.02.14.

Temporary tents. Tents may be erected temporarily on property in a commercial district and on property occupied by a church, regardless of its zoning district, subject to the following requirements:

(1)

Tents may not be erected more than two (2) times per year, for periods not exceeding two (2) weeks.

(2)

No more than 10 percent of the existing parking area is used, and the tent does not block any point of ingress or egress to the development site.

(3)

All electrical connections must be inspected and approved by the Building Official.

(4)

The tent must be inspected and approved by the Hardee County Fire Department as being in compliance with all relevant Fire Code regulations.

2.02.15.

Mobile food trucks. Mobile food trucks are permitted to operate within non-residential zoning districts as provided in Table 2.04.01(A) and in accordance with the standards and requirements established in Article III of Chapter 10 of the Code of Ordinances of the City of Bowling Green.

(Ord. No. 2016-08, exh. A, 6-14-2016; Ord. No. 2016-09, exh. A(2.02.07), 9-13-2016; Ord. No. 2018-01 , § 2(exh. A), 2-13-2018; Ord. No. 2019-02 , § 4, 11-12-2019)

Accessory uses are incidental and secondary to a principal use that is permitted in a given zoning district. It is the purpose of this Section to regulate the height, size, location, setback and use of accessory structures to ensure that they do not adversely affect nearby residents or surrounding properties.

Typical accessory structures associated with residential uses are detached garages and carports; storage buildings; swimming pools (see 2.03.01 below); bath houses; yard structures, such as a gazebo; boat houses, dock, slips and piers; satellite dish antennas (see 2.03.02); and other similar structures.

Commercial and industrial uses also have accessory structures and uses, which include; garages, sheds, satellite dishes, antennas, security structures, special fencing and walls, solid waste pads and collection structures, and similar structures.

In addition to the standards provided below, accessory structures shall meet all requirements set forth in individual zoning districts and other applicable provisions of this Code. One or more accessory structures may be permitted on a development site, provided that the following requirements are met:

(A)

Accessory structures shall not be constructed prior to the principal structure.

(B)

All accessory structures shall comply with the Standard Building Code and all standards of this Code pertaining to the principal use.

(C)

Accessory structures shall not be located in a required landscape buffer or in the minimum front building setback area.

(D)

Accessory structures shall be included in all calculations of impervious surface and stormwater runoff.

(E)

All accessory structures shall be shown on a Site Development Plan when one is required under Section 7.04.00 of this Code.

(F)

In residential districts, accessory structures shall not be located forward of the front building line or within the required side street setback area on a corner lot. In residential districts, bathroom facilities in an accessory structure shall not include tubs or showers.

(G)

Accessory structures shall not be served by an electrical meter separate from that of the principal use.

(H)

Except where otherwise provided, accessory structures shall be separated from each other and from the principal structure by at least five (5) feet.

(I)

Accessory structures shall be a minimum of five (5) feet from any interior lot line.

(J)

No mobile home, trailer, or vehicle of any kind shall be permitted as an accessory structure [on] any development site.

(K)

When associated with a commercial or industrial use, the accessory use may not generate more than forty-nine (49) percent of the total revenue of the business.

2.03.01.

Swimming pools. Swimming Pools are permitted in all Residential districts as an accessory use. Pools located in any residential district shall meet the following requirements:

(A)

Swimming pools shall be permitted accessory to a residential use only, and shall be at least 5 feet from any lot line or building, as measured from the edge of the water.

(B)

Swimming pools, including all decking and screen enclosures, shall be located to the rear of the front building line, and shall not encroach into side street setback areas.

(C)

Screen enclosures over and around swimming pools shall be erected so as to conform to setback requirements for accessory buildings; however, such enclosures may be attached to the principal building. Lighting for pools shall be located and installed such that no direct light nor reflected light is visible on adjoining property.

(D)

Swimming pools shall not be located within public utility or drainage easements alongside any rear lot lines. For purposes of setback measurement, the term "swimming pool" shall include all surrounding decking and vertical supports for screen enclosures.

(E)

All swimming pools shall be completely enclosed by a fence or a wall not less than four (4) feet high.

(F)

No pool in residential districts may be used for commercial purposes.

2.03.02.

Satellite dishes and antennas.

(A)

A satellite dish or antenna shall be an accessory use only, and shall not be the principal use of the property.

(B)

Antennas and dishes shall not exceed 30 feet in height.

(C)

Antennas and dishes shall not be located forward of the front building line or within a required side street setback area.

(D)

An antenna or dish not mounted on or affixed to a principal structure shall be set back from all property lines a distance equal to its height.

(E)

An Antenna Installation Permit shall be required for all antennas and dishes exceeding 25 feet in height and four (4) feet in diameter. Applications for this permit shall include a site plan, sketch plan or other scaled drawing showing all structures on the property, and the location, height and size of the proposed antenna or dish.

(F)

The following regulations apply to antennas or dishes in all Residential Districts:

(1)

A satellite dish or antenna shall be permitted only as an accessory use to a single-family detached dwelling unit, or for the common use of the residents of a multiple-family structure or a mobile home park.

(G)

The following regulations apply to antennas or dishes in C-1, C-2, I, and P-I districts.

(1)

A satellite dish or antenna shall be permitted either as an accessory use or, if permissible in the zoning district, a principal use. However, the dish or antenna shall not be installed prior to construction.

(2)

More than one dish or antenna per lot is permitted in commercial and industrial districts but prohibited elsewhere.

2.03.03.

Bulk propane gas storage and sales. Bulk storage of propane gas and sales of that gas is a permitted accessory use in mobile home parks and RV (recreational vehicle) parks. All storage must be a minimum of fifty feet (50') from any unit or building.

In order to classify, regulate, and restrict the uses of land, water, buildings, and structures; to regulate and restrict the height and bulk of buildings; to regulate the area of yards, courts, and other open spaces between buildings; and to regulate the intensity of land use, all the area of the City of Bowling Green is classified into one of the following districts:

2.04.01.

Zoning district summary tables. The tables on the following pages present, in a quick-reference form, information regarding permitted and special exception land uses, and development standards for all zoning districts. These tables must be read in conjunction with the regulations for specific zoning districts in Section 2.04.02. The key to the table is as follows:

Table 2.04.01(A), Table of Land Uses

* Medical marijuana treatment center dispensing facilities are prohibited and shall not be located within the boundaries of the city. The city shall not accept, process or approve any request or application for a development order, building permit or other approval associated with a proposed medical marijuana treatment center dispensing facility.

Table 2.04.01(B), Table of Development Standards

2.04.02.

Establishment of zoning districts. The following zoning designations are hereby established within the City:

2.04.02.01.

Agriculture (AG).

(A)

FLUM Designation: Low Density Residential.

(B)

Purpose: To provide for agricultural activities within the City of Bowling Green; and to provide for the continuation of Agricultural Tax Exempt status as governed by State Statute, on property that is around the perimeter of the City and the subject of annexation. In general, agricultural pursuits and single-family detached dwelling units are allowed.

(C)

Permitted Principal Uses and Structures: Uses permitted in this district are detailed in the Table of Land Uses in Section 2.04.01(A). Permitted uses are designated by the letter "P." Uses Permitted with Conditions are permitted if they meet the listed conditions in Section 3.08.00, and subject to all other applicable standards. At the City Manager's, or his/her designee's, discretion, any development larger than 5 acres or development that may have compatibility concerns may be sent to the Planning and Zoning Board.

(1)

Agricultural Uses as defined herein: The use of land for producing or harvesting crops or plants; for raising livestock; for forestry, fisheries or animal specialty farms. Intense agricultural activities such as feed lots, dairying, and egg production are not allowed within the City Limits, unless they are pre-existing uses of the land prior to annexation.

(2)

Permitted in this district are newly annexed parcels with agricultural uses that have been previously qualified for the Agricultural Tax Exemption as defined by F.S. § 193.461, "which includes, but is not limited to, horticulture; floriculture; viticulture; forestry; dairy; livestock; poultry; bee, pisciculture, when the land is used principally for the production of tropical fish; aquaculture; sod farming; and all forms of farm products and farm production."

(3)

Any use or structure deemed objectionable to the surrounding area, or that would be noxious, injurious, or adversely affect the public health, safety, comfort, and general welfare or the environment is prohibited.

(D)

Principal Uses and Structures Permitted with Conditions: Uses permitted with conditions in this district are detailed in the Table of Land Uses in Section 2.04.01(A). Permitted with Conditions uses are designated by the letters "PC." Uses Permitted with Conditions are permitted if they meet the listed conditions in Section 3.08.00, and subject to all other applicable standards. At the City Manager's, or his/her designee's, discretion, any development larger than 5 acres or development that may have compatibility concerns may be sent to the Planning and Zoning Board for approval.

(E)

Accessory Uses: Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.03.00 contains detailed guidance and regulations for permitted accessory uses.

(F)

Special Exception Uses: Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 2.04.01(A). Such uses are designated by the letter "S." Special Exception uses require the submission of an application and approval by the Planning and Zoning Board and/or the City Commission prior to application for a Development Permit. Review of an application for approval of a Special Exception is governed by Article 7.

(G)

Development Standards: Development standards for uses in this district are detailed in the Table of Development Standards in Section 2.04.01(B). Specifically, standards are established, as applicable, for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Lot Depth; Minimum Floor Area; Floor Area Ratio; Setbacks; Maximum Lot Coverage; and Maximum Building Height.

(H)

Other Requirements:

(1)

Aquaculture, composting and recycling activities conducted on non-mandatory reclamation lands shall be subject to, and require evidence of, all relevant state and federal permits, and shall be appropriately buffered from existing or future adjacent residential development; and may be permitted as a Special Exception, as listed in the "Table of Land Uses," Table 2.04.01(A).

(2)

Roadside Stands: Excess produce and other products that are agricultural in nature and harvested from orchards, vineyards, nurseries, ornamental horticultural areas, groves, noncommercial greenhouses, etc., as well as excess produce harvested from any commercial farm, may be sold on the premises to the general public by the means of a roadside stand or similar structure, by the residents of the property. All setbacks must be observed from right-of-ways and property lines as required for any accessory structure.

2.04.02.02.

Single-Family Residential District (R-1).

(A)

FLUM Designation: Low and Medium Density Residential Classification, Commercial Classification.

(B)

Purpose: To establish areas which are uniquely appropriate for low-density residential neighborhoods with ample open space and outdoor living areas; to designate appropriate uses and services within the district; and to establish development standards appropriate to ensure proper development and a low-density residential environment.

(C)

Permitted Principal Uses and Structures: Uses permitted in this district are detailed in the Table of Land Uses in Section 2.04.01(A). Permitted uses are designated by the letter "P." Uses designated by the letter "D" are also permitted, but require the submission and approval of a Site Development Plan prior to application for a Development Permit. Review of an application for approval of a Site Development Plan is governed by Article 7.

(D)

Accessory Uses: Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.03.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special Exception Uses: Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 2.04.01(A). Such uses are designated by the letter "S." Special Exception uses require the submission of an application and approval by the Zoning Board of Appeals prior to application for a Development Permit. Review of an application for approval of a Special Exception is governed by Article 7.

(F)

Development Standards: Development standards for uses in this district are detailed in the Table of Development Standards in Section 2.04.01(B). Specifically, standards are established for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Lot Depth; Minimum Floor Area; Floor Area Ratio (as applicable); Setbacks; Maximum Lot Coverage; and Maximum Building Height.

1)

Any wetlands identified shall have a density of one (1) unit per five (5) acres.

(G)

Other Requirements:

(1)

Home Occupation: An activity conducted in a residential dwelling unit that employs only members of the immediate family residing there. The activity may not occupy more than 500 square feet of the dwelling nor may it display anything that will indicate from the exterior that the building is being utilized for any purpose other than that of a dwelling, except for a sign no more than two feet square. Sign regulations are contained in Article 4. Specific regulations are contained in Section 7.07.00 of this Code.

(2)

Clubhouses: Clubhouses and similar facilities are permitted within platted subdivisions on parcels retained by the developer or dedicated to and maintained by a homeowners association. Appropriate development standards will be determined by the City Manager, or his/her designee.

(3)

Golf Courses: Private golf courses are permitted in conjunction with platted subdivisions of 50 lots or more.

(4)

Parking of Trucks and Trailers: Except on active construction sites, no trucks, trailers or wagons for non-recreational use exceeding 35 feet in length or 1.5 tons in capacity shall be parked, including overnight, on any public right-of-way or on private property except within a completely enclosed garage.

(5)

Parking of Boats and Recreation Vehicles: Recreation vehicles (including collapsible camp trailers), and boats on trailers may be parked for storage purposes only within the side yard area not less than five (5) feet from the side property line, and within the rear yard area not less than five (5) feet from the rear property line. No recreation vehicle or boat may be parked between any public street and the living area of the principal building, except on a paved driveway. Self-sustaining RVs may be temporarily occupied for 8 out of 30 days of each month, thus accommodating visitors to the residence.

(6)

Bed and Breakfast: Property shall front on a collector or arterial roadway. Primary points of ingress-egress shall connect to such roadway. Signs shall be in accordance with regulations in Article 4. Parking requirements shall be one space per unit available for rent.

2.04.02.03.

Single- and Two-Family Residential District (R-2).

(A)

FLUM Designation: Low Density Residential.

(B)

Purpose: The purpose of this district is to recognize existing small lot subdivisions of single-family homes and duplexes and to provide for infill development on small lots within these subdivisions; along with the necessary and incidental accessory uses, and uses characteristic with, but not detrimental to, the principal use. In no case shall a density be permitted in the R-2 district that exceeds 4.1 dwelling units per net acre (4.1 du/ac) for single-family homes and six dwelling units per net acre (6 du/ac) for duplexes.

(C)

Permitted Principal Uses and Structures: Uses permitted in this district are detailed in the Table of Land Uses in Section 2.04.01(A). Permitted uses are designated by the letter "P." Uses designated by the letter "D" are also permitted, but require the submission and approval of a Site Development Plan prior to application for a Development Permit. Review of an application for approval of a Site Development Plan is governed by Article 7.

(D)

Accessory Uses: Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.03.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special Exception Uses: Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 2.04.01(A). Such uses are designated by the letter "S." Special Exception uses require the submission of an application and approval by the Zoning Board of Appeals prior to application for a Development Permit. Review of an application for approval of a Special Exception is governed by Article 7.

(F)

Development Standards: Development standards for uses in this district are detailed in the Table of Development Standards in Section 2.04.01(B). Specifically, standards are established for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Lot Depth; Minimum Floor Area; Floor Area Ratio (as applicable); Setbacks; Maximum Lot Coverage; and Maximum Building Height.

1)

Any wetlands identified shall have a density of one (1) unit per five (5) acres.

(G)

Other Requirements:

(1)

Home Occupation: An activity conducted in a residential dwelling unit that employs only members of the immediate family residing there. The activity may not occupy more than 500 square feet of the dwelling nor may it display anything that will indicate from the exterior that the building is being utilized for any purpose other than that of a dwelling, except for a sign no more than two feet square. Sign regulations are contained in Article 4. Specific regulations are contained in Section 7.07.00 of this Code.

(2)

Clubhouses: Clubhouses and similar facilities are permitted within platted subdivisions on parcels retained by the developer or dedicated to and maintained by a homeowners' association. Appropriate development standards will be determined by the City Manager, or his/her designee.

(3)

Golf Courses: Private golf courses are permitted in conjunction with platted subdivisions of 50 lots or more.

(4)

Parking of Trucks and Trailers: Except on active construction sites, no trucks, trailers or wagons for non-recreational use exceeding 35 feet in length or 1.5 tons in capacity shall be parked, including overnight, on any public right-of-way or on private property except within a completely enclosed garage.

(5)

Parking of Boats and Recreation Vehicles: Recreation vehicles (including collapsible camp trailers), and boats on trailers may be parked for storage purposes only within the side yard area not less than five (5) feet from the side property line, and within the rear yard area not less than five (5) feet from the rear property line. No recreation vehicle or boat may be parked between any public street and the living area of the principal building, except on a paved driveway. Self-sustaining RVs may be temporarily occupied for 8 out of 30 days of each month, thus accommodating visitors to the residence.

(6)

Bed and Breakfast: Property shall front on a collector or arterial roadway. Primary points of ingress-egress shall connect to such roadway. Signs shall be in accordance with regulations in Article 4. Parking requirements shall be one space per unit available for rent.

2.04.02.04.

Multiple-Family Residential District (R-3).

(A)

FLUM Designation: Medium Density Residential or Commercial Classification.

(B)

Purpose: To establish areas which are appropriate for medium density residential development, to allow for: development of single-family homes at a density not to exceed six dwelling units per net acre (6 du/ac); duplexes at a density not to exceed eight dwelling units per net acre (8 du/ac); mobile home parks, recreational vehicle parks, apartments, townhouses, and condominiums, and all types of multi-family units with a density not to exceed twelve dwelling units per net acre (12 du/ac); with ample open space and outdoor living areas; along with the necessary and incidental accessory uses, and uses characteristic with, but not detrimental to, the principal use.

(C)

Permitted Principal Uses and Structures: Uses permitted in this district are detailed in the Table of Land Uses in Section 2.04.01(A). Permitted uses are designated by the letter "P." Uses designated by the letter "D" are also permitted, but require the submission and approval of a Site Development Plan prior to application for a Development Permit. Review of an application for approval of a Site Development Plan is governed by Article 7.

(D)

Accessory Uses: Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.03.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special Exception Uses: Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 2.04.01(A). Such uses are designated by the letter "S." Special Exception uses require the submission of an application and approval by the Zoning Board of Appeals prior to application for a Development Permit. Review of an application for approval of a Special Exception is governed by Article 7.

(F)

Development Standards: Development standards for uses in this district are detailed in the Table of Development Standards in Section 2.04.01(B). Specifically, standards are established for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Lot Depth; Minimum Floor Area; Floor Area Ratio (as applicable); Setbacks; Maximum Lot Coverage; and Maximum Building Height.

1)

Any wetlands identified shall have a density of one (1) unit per five (5) acres.

(G)

Other Requirements:

(1)

Home Occupation: An activity conducted in a residential dwelling unit that employs only members of the immediate family residing there. The activity may not occupy more than 500 square feet of the dwelling nor may it display anything that will indicate from the exterior that the building is being utilized for any purpose other than that of a dwelling, except for a sign no more than two feet square. Sign regulations are contained in Article 4. Specific regulations are contained in Section 7.07.00 of this Code.

(2)

Clubhouses: Clubhouses and similar facilities are permitted within platted subdivisions on parcels retained by the developer or dedicated to and maintained by a homeowners' association. Appropriate development standards will be determined by the City Manager, or his/her designee.

(3)

Golf Courses: Private golf courses are permitted in conjunction with platted subdivisions of 50 lots or more.

(4)

Parking of Trucks and Trailers: Except on active construction sites, no trucks, trailers or wagons for non-recreational use exceeding 35 feet in length or 1.5 tons in capacity shall be parked, including overnight, on any public right-of-way or on private property except within a completely enclosed garage.

(5)

Parking of Boats and Recreation Vehicles: Recreation vehicles (including collapsible camp trailers), and boats on trailers may be parked for storage purposes only within the side yard area not less than five (5) feet from the side property line, and within the rear yard area not less than five (5) feet from the rear property line. No recreation vehicle or boat may be parked between any public street and the living area of the principal building, except on a paved driveway. Self-sustaining RVs may be temporarily occupied for 8 out of 30 days of each month, thus accommodating visitors to the residence.

(6)

Bed and Breakfast: Property shall front on a collector or arterial roadway. Primary points of ingress-egress shall connect to such roadway. Signs shall be in accordance with regulations in Article 4. Parking requirements shall be one space per unit available for rent.

2.04.02.05.

Retail Commercial District (C-1).

(A)

FLUM Designation: Commercial Classification.

(B)

Purpose: The purpose of the district is to provide for the transitional commercial uses of land and buildings that will separate objectionable activities of industrial and commercial uses from amenities of single-family residential uses of property; and to recognize that certain highway frontage property is not altogether useful for residential purposes, but should be developed for uses that will be more economic; and, at the same time, not permit detrimental heavy commercial uses to adversely affect adjacent residential areas.

(C)

Permitted Principal Uses and Structures: Uses permitted in this district are detailed in the Table of Land Uses in Section 2.04.01(A). Permitted uses are designated by the letter "P." Uses designated by the letter "D" are also permitted, but require the submission and approval of a Site Development Plan prior to application for a Development Permit. Review of an application for approval of a Site Development Plan is governed by Article 7.

(1)

Above-ground-floor apartments shall be permitted.

(D)

Accessory Uses: Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.03.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special Exception Uses: Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 2.04.01(A). Such uses are designated by the letter "S." Special Exception uses require the submission of an application and approval by the Zoning Board of Appeals prior to application for a Development Permit. Review of an application for approval of a Special Exception is governed by Article 7.

(F)

Development Standards: Development standards for uses in this district are detailed in the Table of Development Standards in Section 2.04.01(B). Specifically, standards are established for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Lot Depth; Minimum Floor Area; Floor Area Ratio (as applicable); Setbacks; Maximum Lot Coverage; and Maximum Building Height.

(1)

Maximum density for single-family residential is 6 units per acre; maximum density for multiple-family residential is 12 units per acres.

(2)

Wetlands are restricted to only Low Density Residential development at not more than 1 dwelling unit per 5 acres.

(G)

Development Design Guidelines: Development Design Guidelines have been established for uses in this district. These guidelines are located in "Appendix A" [to this ordinance] and serve as an outline of the development and architectural design expectations the City finds will contribute to the aesthetic quality of the City's built environment.

(H)

Other Requirements:

(1)

Bed and Breakfast: Property shall front on a collector or arterial roadway. Primary points of ingress-egress shall connect to such roadway. Signs shall be in accordance with regulations in Article 4. Parking requirements shall be one space per unit available for rent.

2.04.02.06.

Service Commercial District (C-2).

(A)

FLUM Designation: Commercial Classification.

(B)

Purpose: To locate and establish areas within the City of Bowling Green which are deemed to be uniquely appropriate, by reason of location and vehicular accessibility, for the development and operation of general commercial service uses; to designate such uses as are appropriate for development within a service commercial area; and to set forth such development standards and provisions as are appropriate to ensure the proper development and functioning of uses within the district.

(C)

Permitted Principal Uses and Structures: Uses permitted in this district are detailed in the Table of Land Uses in Section 2.04.01(A). Permitted uses are designated by the letter "P." Uses designated by the letter "D" are also permitted, but require the submission and approval of a Site Development Plan prior to application for a Development Permit. Review of an application for approval of a Site Development Plan is governed by Article 7.

(1)

Above-ground-floor apartments shall be permitted.

(D)

Accessory Uses: Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.03.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special Exception Uses: Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 2.04.01(A). Such uses are designated by the letter "S." Special Exception uses require the submission of an application and approval by the Zoning Board of Appeals prior to application for a Development Permit. Review of an application for approval of a Special Exception is governed by Article 7.

(F)

Development Standards: Development standards for uses in this district are detailed in the Table of Development Standards in Section 2.04.01(B). Specifically, standards are established for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Lot Depth; Minimum Floor Area; Floor Area Ratio (as applicable); Setbacks; Maximum Lot Coverage; and Maximum Building Height.

(1)

Maximum density for single-family residential is 6 units per acre; maximum density for multiple-family residential is 12 units per acres.

(2)

Wetlands are restricted to only Low Density Residential development at not more than 1 dwelling unit per 5 acres.

(G)

Development Design Guidelines: Development Design Guidelines have been established for uses in this district. These guidelines are located in "Appendix A" [to this ordinance] and serve as an outline of the development and architectural design expectations the City finds will contribute to the aesthetic quality of the City's built environment.

(H)

Other Requirements:

(1)

Bed and Breakfast: Property shall front on a collector or arterial roadway. Primary points of ingress-egress shall connect to such roadway. Signs shall be in accordance with regulations in Article 4. Parking requirements shall be one space per unit available for rent.

2.04.02.07.

Industrial District (I).

(A)

FLUM Designation: Industrial Classification.

(B)

Purpose: To locate and establish areas within the City of Bowling Green which are deemed to be uniquely appropriate, by reason of location and vehicular and railroad accessibility, for the development and operation of industrial uses; to designate such uses as are appropriate for development within an industrial area; and to set forth such development standards and provisions as are appropriate to ensure the proper development and functioning of uses within the district.

(C)

Permitted Principal Uses and Structures: Uses permitted in this district are detailed in the Table of Land Uses in Section 2.04.01(A). Permitted uses are designated by the letter "P." Uses designated by the letter "D" are also permitted, but require the submission and approval of a Site Development Plan prior to application for a Development Permit. Review of an application for approval of a Site Development Plan is governed by Article 7.

(1)

Allowed: Residential quarters for custodian or night watchman.

(D)

Accessory Uses: Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.03.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special Exception Uses: Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 2.04.01(A). Such uses are designated by the letter "S." Special Exception uses require the submission of an application and approval by the Zoning Board of Appeals prior to application for a Development Permit. Review of an application for approval of a Special Exception is governed by Article 7.

(F)

Development Standards: Development standards for uses in this district are detailed in the Table of Development Standards in Section 2.04.01(B). Specifically, standards are established for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Lot Depth; Minimum Floor Area; Floor Area Ratio (as applicable); Setbacks; Maximum Lot Coverage; and Maximum Building Height.

(1)

All portions of a building or structure shall be set back from the nearest point of any lot within a residential zoning district a distance equal to or exceeding twice the height of its highest point.

(G)

Other Requirements: None.

2.04.02.08.

Public Institutional District (P-I).

(A)

FLUM Designation: All.

(B)

Purpose: To establish locations for properties and/or facilities owned by government and used for purposes related to the public health, safety and welfare.

(C)

Permitted Principal Uses and Structures:

Uses permitted in this district are detailed in the Table of Land Uses in Section 2.04.01(A). Permitted uses are designated by the letter "P." Uses designated by the letter "D" are also permitted, but require the submission and approval of a Site Development Plan prior to application for a Development Permit. Review of an application for approval of a Site Development Plan is governed by Article 7.

Buildings, facilities or activities owned or operated by governments or other public agencies and having a public purpose. Where residential uses are established, allowable density shall not exceed that of the underlying land use designation, as depicted on the Future Land Use Map of the City of Bowling Green Comprehensive Plan. Recreational facilities are excluded except as accessory uses.

(D)

Accessory Uses:

Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.03.00 contains detailed guidance and regulations for permitted accessory uses.

Customary uses which are secondary and incidental to principal uses, including caretakers' residences, dining facilities, and playing fields and other recreational facilities located on school grounds. Accessory structures shall be subject to the same setback requirements as principal structures. Minimum building spacing shall be 15 feet.

(E)

Special Exception Uses: Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 2.04.01(A). Such uses are designated by the letter "S." Special Exception uses require the submission of an application and approval by the Zoning Board of Appeals prior to application for a Development Permit. Review of an application for approval of a Special Exception is governed by Article 7.

(F)

Development Standards: Development standards for uses in this district are detailed in the Table of Development Standards in Section 2.04.01(B). Specifically, standards are established for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Lot Depth; Minimum Floor Area; Floor Area Ratio (as applicable); Setbacks; Maximum Lot Coverage; and Maximum Building Height.

(G)

Other Requirements: Each application for the P-I zoning designation shall be accompanied by a site development plan or sketch plan which accurately depicts the following:

(1)

Lot lines, easements, adjacent rights-of-way and existing structures;

(2)

Proposed use of the property;

(3)

All proposed new structures, including floor area of buildings and setback distances from property lines;

(4)

Building heights;

(5)

Parking areas, roads and driveways; and

(6)

Tracks, play equipment or other site improvements not qualifying as structures.

Development proposals which include Public Institutional lands and facilities shall be considered by the Planning Commission and City Commission and approved in a public hearing. All construction and improvements shall be substantially consistent with the submitted site plan, as determined by the City Manager, or his/her designee.

2.04.02.09.

Public Recreation District (P-R).

(A)

FLUM Designation: Recreation Classification.

(B)

Purpose: To establish locations for publicly-owned recreation facilities and properties reserved for open space.

(C)

Permitted Principal Uses and Structures:

Uses permitted in this district are detailed in the Table of Land Uses in Section 2.04.01(A). Permitted uses are designated by the letter "P." Uses designated by the letter "D" are also permitted, but require the submission and approval of a Site Development Plan prior to application for a Development Permit. Review of an application for approval of a Site Development Plan is governed by Article 7.

Lands, structures, and facilities owned and/or operated by government or other public agencies for recreational or open space uses.

(D)

Accessory Uses:

Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.03.00 contains detailed guidance and regulations for permitted accessory uses.

Customary uses which are secondary and incidental to principal uses, including caretakers' residences, pavilions, and public restrooms. Accessory structures shall be subject to the same setback requirements as principal structures. Minimum building spacing shall be 15 feet.

Each application for the P-R zoning designation shall be accompanied by a site development plan or sketch plan which accurately depicts the following:

(1)

Lot lines, easements, adjacent rights-of-way and existing structures;

(2)

Proposed use of the property;

(3)

All proposed new structures, including floor area of buildings and setback distances from property lines;

(4)

Building heights;

(5)

Internal roads and driveways;

(6)

Parking areas; and

(7)

Tracks, play equipment or other site improvements not qualifying as structures.

Development proposals which include Public Recreation lands shall be considered by the Planning Commission and City Commission and approved in a public hearing. All construction and improvements shall be substantially consistent with the submitted site plan, as determined by the City Manager, or his/her designee.

2.04.02.10.

Commerce Park District (C-P).

(A)

FLUM Designation: Commerce Park Classification.

(B)

Purpose: To locate and establish areas within the City of Bowling Green which are deemed to be uniquely appropriate, by reason of location and infrastructure, for development of office, research and development parks, distribution centers and wholesaling activities, as well as light manufacturing and assembly. Commerce Park uses include financial institutions, retail services, institutional, cultural facilities, medical facilities, hotels/motels, and recreation facilities that functionally interact with each other. Development standards are intended to provide compatibility with and protection to surrounding residential and commercial properties by minimizing noise, glare, vibration, odors, airborne particulate, and toxic substances.

(C)

Permitted Principal Uses and Structures: Uses permitted in this district are detailed in the Table of Land Uses in Section 2.04.01(A). Permitted uses are designated by the letter "P." Uses designated by the letter "D" are also permitted, but require the submission and approval of a Site Development Plan prior to application for a Development Permit. Review of an application for approval of a Site Development Plan is governed by Article 7.

(D)

Accessory Uses: Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.03.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special Exception Uses: Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 2.04.01(A). Such uses are designated by the letter "S." Special Exception uses require the submission of an application and approval by the Planning Commission prior to application for a Development Permit. Review of an application for approval of a Special Exception is governed by Article 7.

(F)

Development Standards: Development standards for uses in this district are detailed in the Table of Development Standards in Section 2.04.01(B). Specifically, standards are established for Minimum Lot Width; Minimum Lot Depth; Minimum Floor Area; Floor Area Ratio (as applicable); Setbacks; Maximum Lot Coverage; and Maximum Building Height.

(G)

Development Design Guidelines: Development Design Guidelines have been established for uses in this district. These guidelines are located in "Appendix A" [to this ordinance] and serve as an outline of the development and architectural design expectations the City finds will contribute to the aesthetic quality of the City's built environment.

(H)

Other Requirements: Each application for the C-P zoning designation shall be accompanied by a site development plan or sketch plan which accurately depicts the following:

(1)

Lot lines, easements, adjacent rights-of-way and existing structures;

(2)

Proposed use of the property;

(3)

All proposed new structures, including floor area of buildings and setback distances from property lines;

(4)

Building heights; and

(5)

Parking areas, roads and driveways.

Development proposals which include Commerce Park lands shall be considered by the City Commission and approved in a public hearing. All construction and improvements shall be substantially consistent with the submitted site plan, as determined by the City Manager, or his/her designee.

2.04.02.11.

Planned Unit Development (PUD).

(A)

FLUM Designation: Low Density Residential, Medium Density Residential, Commercial, and Industrial Classifications.

(1)

Relationship of PUD Regulations to the Comprehensive Plan, Land Development Code, or Other Regulations. The development of land uses within a PUD shall be consistent with the pattern of land use designations established on the Future Land Use Map of the Comprehensive Plan. Residential densities in a PUD shall not exceed the permitted densities established in the Comprehensive Plan. Non-residential intensities shall not exceed permitted Floor Area Ratios established in the Comprehensive Plan. Where there are conflicts between these special PUD provisions and other regulations in this Code, these special regulations shall apply. Where no standard is designated in this Section for a particular element of a PUD, appropriate regulations set forth in other sections of this Code shall apply. In a unique situation where no standard is specified, the City Commission shall determine the appropriate standard.

(B)

Purpose:

Planned Unit Development (PUD) districts are intended for specialized purposes, where a proposed project warrants greater flexibility than a standard district provides; when the Comprehensive Plan requires a Planned Unit Development review process; or when the ability to attach conditions to a site plan is warranted.

Planned Unit Development (PUD) may be used as a vehicle to permit developments when the innovative use of buffering and modern design techniques mitigate the external impacts of development and create a helpful physical environment. Through the utilization of a PUD, the Commission may allow mixed dwelling types and/or housing densities; provide for the safe, efficient, convenient, harmonious groupings of structures, uses, facilities, and support uses; for appropriate relationships of space, inside and outside buildings, for intended uses; for preservation of desirable natural features; and minimum disturbance of natural topography.

Within Planned Unit Development districts, regulations adapted to such unified planning and development are intended to accomplish the purposes of zoning and other applicable regulations to an equivalent or higher degree than where such regulations are intended to control unscheduled development on individual lots; to promote economical and efficient land use; improve levels of amenities for harmonious, creative design, and a better environment.

In view of the substantial public advantage of Planned Unit Development, it is the intent of these regulations to promote and encourage development in this form, where appropriate, in location and character. The Planned Unit Development (PUD) district is established to provide for well-planned and/or orderly mixed-use development in any area of the City. Further, PUDs are intended to:

(1)

Promote flexibility in development design;

(2)

Promote the efficient use of land;

(3)

Preserve, as much as possible, existing landscape features and amenities;

(4)

Provide for more usable and suitably located recreation facilities and other public and common facilities than would otherwise be provided;

(5)

Combine and coordinate architectural styles, building forms and building relationships within the planned development;

(6)

Lessen the burden of traffic conflict on streets and highways;

(7)

Provide for a balanced land use mixture.

(C)

Permitted Principal Uses and Structures: All development within a PUD district shall comply strictly with its approved Master Development Plan, the Land Development Code, and the Comprehensive Plan. Platting of property for residential or non-residential uses shall be carried out according to the requirements of Section 7.05.00. Development on individual sites, other than single-family development, shall be reviewed and approved according to the requirements of Section 7.04.00, Site Development Plans.

(D)

Planned Unit Development Districts: Five Planned Unit Development Districts are provided within the City and include:

Planned Unit Development — Residential (PUD-R)

Planned Unit Development — Office (PUD-O)

Planned Unit Development — Commercial (PUD-C)

Planned Unit Development — Industrial (PUD-I)

Planned Unit Development — Mixed Use (PUD-MU)

Details for each district are provided in the subsections below.

(E)

Density and Intensity:

The total number of permitted dwelling units within a PUD shall be based on the gross acreage of the overall development site, including all open space, recreation areas, drainage facilities, road rights-of-way, and areas proposed for commercial use. These units may be clustered or otherwise arranged according to sound planning principles throughout the PUD site, providing a mixture of housing types, densities, and price ranges in a creative development design that is appealing to residents and beneficial to the City as a whole.

Where a PUD site lies within two or more land use designations, as shown on the Future Land Use Map (such as Low Density Residential and Medium Density Residential), separate dwelling unit calculations shall be made, using the appropriate permitted density value for each. Where a PUD site lies partially within the Commercial land use designation, densities within these areas shall not exceed 12 units per acre.

Dwelling units permitted under each category shall be located on portions of the site lying within the respective land use designation. This requirement may be waived by the City Commission upon recommendation of the Planning Commission. In this situation, both bodies shall find that the distribution of residential units without regard to land use designation boundaries is in harmony with the intent of the Comprehensive Plan, will not create adverse impacts on surrounding properties, and is justified in order to fulfill a beneficial development concept. In no case, however, shall the total number of units exceed the number allowable under the provisions of the Comprehensive Plan.

(F)

Common Properties. Projects less than 5 acres must meet park and recreational facility requirement of Article 6. For projects greater than 5 acres:

(1)

Designated Open Space. The developer shall establish a property owner's association or similar legal entity for the perpetual ownership and maintenance of open space, drainage facilities, and other community facilities designated on the Master Development Plan and subdivision or site development plans for individual tracts. Designated open space shall be defined as the total area within the PUD that has been set aside for recreational use, stormwater management, or for preservation in its natural condition, for the benefit of the residents of the development. Open space shall be shown on the Master Development Plan.

(2)

The minimum open space required in a PUD shall be 30 percent of the gross site area, and may include, but shall not be limited to, the following:

a.

Common Recreation Areas, as defined below in subparagraph (4) below, Common Recreation Area.

b.

Areas equivalent to no more than 50 percent of the total acreage of wetlands, lakes, drainage retention/detention areas, and other permanent or semi-permanent water bodies.

c.

Scrub or other natural areas to be set aside for the preservation of endangered plant or animal species.

d.

Golf courses.

e.

Stormwater retention/detention areas, but not ditches and swales.

(3)

Designated open space shall not include the following:

a.

Lands designated for residential or commercial use (regardless of density or intensity of these uses).

b.

Parking areas, except those that are accessory to recreational uses.

c.

Utility easements and road rights-of-way.

d.

Perimeter setback areas, unless developed with bicycle or pedestrian trails.

e.

Sewer and/or water treatment plant sites.

f.

Land that has been or is to be conveyed to a public agency for public use via a purchase agreement or dedication for schools, parks, community buildings, or other public facilities (excluding drainage facilities).

(4)

Common Recreation Area.

Common recreation area shall be designated as such on the Master Development Plan, shall be distributed throughout the PUD, and shall be integrated into its overall design. Common Recreation Area shall constitute not less than one-half of the total area qualifying as designated open space as defined above in (1) Designated Open Space above.

Recreation areas shall be usable and accessible, and shall be improved with facilities to allow a specific use or range of uses. Types of recreation facilities and the acreage assigned to each shall be shown in tabular form on the Plan.

a.

Common Recreation Area may include the following uses and associated facilities:

i.

Swimming pools, tennis courts, and playing fields.

ii.

Playgrounds.

iii.

Picnic areas and pavilions (up to 20 percent of total required Common Recreation Area acreage).

iv.

Golf courses (up to 50 percent of total required Common Recreation Area acreage).

v.

Rights-of-way for nature trails, jogging/bicycle paths, or other pedestrian facilities, up to 15 feet in width (excluding sidewalks in residential or commercial areas).

b.

The following shall not be included in Common Recreation Areas:

i.

Streets, road right-of-way, and parking areas.

ii.

All easements.

iii.

Water bodies and wetlands, except within designated right-of-way for nature trails.

iv.

Ditches, swales, retention areas and other stormwater management facilities.

v.

Areas of less than 50 feet in width and 5,000 square feet in size, unless incorporated into a pedestrian or bicycle circulation system.

(G)

Public Easements. The City of Bowling Green shall be granted easements allowing access to and use of tracts designated for open space, recreation, drainage facilities, sewer and water facilities and private roads, should public maintenance and/or repair become necessary.

(H)

Access. All residential and commercial properties shall have direct frontage on a public right-of-way or private right-of-way dedicated to common use by all residents of the development.

(I)

Landscaping.

(1)

Landscaping requirements shall be as set forth in Section 3.07.00.

(2)

Unless otherwise conditioned in the PUD ordinance, along public or private rights-of-way, including those bordering the perimeter of the PUD, one canopy tree shall be planted for every 50 feet of right-of-way. Such trees shall be no less than 10 feet in height at the time of planting, and shall be placed within 5 feet of the right-of-way. Along internal roads, the trees shall be planted alternately on either side of the street.

(3)

The City Commission shall be permitted to impose any additional landscaping requirements that it determines are necessary, either within the PUD or along its perimeter, to prevent or minimize adverse impacts between potentially incompatible land uses.

(J)

Other Requirements:

(1)

Unified control. All land included for the purpose of development within a Planned Unit Development shall be owned or under the control of the applicant, whether that applicant is an individual, partnership or corporation, or a group of individuals, partnerships, or corporations.

(2)

Subdivision of property. Property in a Planned Unit Development shall be platted in accordance with Section 7.05.00 prior to the issuance of building permits. In the case of lands that have been platted prior to the adoption of this Code, the landowner shall be required to vacate the previous plat or pre-platted lands before any rezoning and Master Development Plan approval will be considered. In addition, all payments, easements, and dedications required by this Code and other City ordinances will be applicable to any development within a Planned Unit Development, whether vacating an existing plat or replatting, or unplatted lands, so that all new development within the City will bear its fair share of provision of public services.

(3)

Private roads. Internal roads serving the PUD may remain in the private ownership of the developer or may be conveyed to a property owner's association or similar entity. However, such roads must be designed and constructed to meet all standards applicable to a public road serving the same function, including right-of-way widths. No private road that constitutes the primary access to residential or commercial properties within a PUD shall be built on an easement.

2.04.02.11.01.

Planned Unit Development District - Residential (PUD-R).

(A)

Purpose: It is the intent of these regulations to provide for development of residential areas in areas adequately served or in areas which can be served by necessary utilities and services, in locations that are compatible with adjacent and surrounding land uses in accord with the goals, objectives, and policies of the Comprehensive Plan and in compliance with the standards set forth herein. It is further the intent to permit the establishment of such districts only where planned development with carefully located buildings, parking, and service areas, and landscaped open space will provide for internal convenience and ease of use as well as external compatibility. It is further intended that PUD-R districts may provide a broad range of housing types appropriate to the general need of the area served.

(B)

Permitted Uses: Uses in PUD-R districts shall be consistent with Comprehensive Plan requirements regarding use, type, locational criteria, and other applicable Comprehensive Plan criteria. Uses and structures which are customarily and clearly incidental to permitted principal uses and structures shall be also permitted.

(C)

Density: PUD-R districts shall be consistent with the Comprehensive Plan density requirements and Section 2.04.01(B).

2.04.02.11.02.

Planned Unit Development District - Office (PUD-O).

(A)

Purpose: It is the intent of these regulations to provide for office development at appropriate locations, in conformance with the goals, objectives, and policies of the Comprehensive Plan and in compliance with standards set forth herein. It is further the intent to permit the establishment of such districts only where planned development with carefully located buildings, parking, and service areas, and landscaped open space will provide for internal convenience and ease of use which is compatible with adjacent and surrounding land uses. It is further intended that PUD-O districts shall provide a broad range of office facilities and services appropriate to the general need of the area served. Uses in PUD-O districts shall be consistent with the Comprehensive Plan requirements regarding permissible uses, intensity, locational criteria, and other applicable standards.

(B)

Location: PUD-O districts shall be located to facilitate ease and convenience of use; and where negative impacts on the surrounding transportation systems, public services, and surrounding land uses will be minimized; where the use is compatible with surrounding land uses; where the development will not encourage the expansion of office or commercial strip development along adjacent streets; and where the intensity of the project is consistent with the use that it provides.

(C)

Permitted Uses: Uses in PUD-O districts shall be consistent with Comprehensive Plan requirements regarding use, type, locational criteria, and other applicable Comprehensive Plan criteria. Uses and structures which are customarily and clearly incidental to permitted principal uses and structures shall be also permitted.

(D)

Intensity: PUD-O districts shall be permitted a range of floor area ratios, heights, and square footages consistent with the Comprehensive Plan intensity requirements. In evaluating proposals, the criteria contained in Articles 2 and 7 shall provide a basis for intensity determinations (floor area ratio, height, square footage, and setbacks).

2.04.02.11.03.

Planned Unit Development District - Commercial (PUD-C).

(A)

Purpose:

It is the intent of these regulations to provide for commercial development in scale with surrounding market areas, at appropriate locations, in conformance with the goals, objectives, policies, and locational criteria of the Comprehensive Plan and in compliance with standards set forth herein. It is further the intent to permit the establishment of such districts only where planned development with carefully located buildings, parking and service areas, and landscaped open space will provide for internal convenience and ease of use which is compatible with adjacent and surrounding land uses. It is further intended that PUD-C districts shall provide a broad range of commercial facilities and services appropriate to the general need of the area served.

PUD-C districts shall be consistent with Comprehensive Plan requirements regarding permissible uses, maximum floor area ratio, maximum project size, intensity, locational requirements, and other applicable standards.

(B)

Location: PUD-C districts shall be located to facilitate ease and convenience of use; and where negative impacts on the surrounding transportation systems, public services, and surrounding land uses will be minimized; where the use is compatible with surrounding land uses; where the use is compatible with surrounding land uses; where the development will not encourage the expansion of office or commercial strip development along adjacent streets; and where the intensity of the project is consistent with the use that it provides.

(C)

Permitted Uses: Uses in PUD-C districts shall be consistent with Comprehensive Plan requirements regarding use, type, locational criteria, and other applicable Comprehensive Plan criteria. Uses and structures which are customarily and clearly incidental to permitted principal uses and structures shall be also permitted.

(D)

Intensity: PUD-C districts shall be permitted a range of floor area ratios, heights, and square footages consistent with the Comprehensive Plan intensity requirements. In evaluating proposals, the criteria contained in Articles 2 and 7 shall provide a basis for intensity determinations (floor area ratio, height, square footage, and setbacks).

2.04.02.11.04.

Planned Unit Development District - Industrial (PUD-I).

(A)

Purpose:

It is intended that PUD-I districts shall encourage concentration of complimentary uses grouped adjacent to major streets or streets serving industrial areas, providing well planned development on sites with adequate frontage and depth to permit controlled access to streets and reduce marginal traffic friction; serve as an alternative to further extensions of industrial zoning allowing disorderly strip development; protect stability and property values in surrounding neighborhoods; and to establish complimentary groupings of related manufacturing, processing, assembly, research activities, distribution activities, offices and associated uses.

Uses must be consistent with the Comprehensive Plan permitted uses, locational criteria, project size, intensity, and other criteria.

(B)

Location: PUD-I districts shall be located where they will facilitate ease and convenience of use; where negative impacts on the surrounding transportation systems, public services, and surrounding land uses will be minimized; where the use is compatible with surrounding land uses; and where the intensity of the project is consistent with the use that it provides.

(C)

Permitted Uses: Uses in PUD-I districts shall be consistent with Comprehensive Plan requirements regarding use, type, locational criteria, and other applicable Comprehensive Plan criteria. Uses and structures which are customarily and clearly incidental to permitted principal uses and structures shall be also permitted.

(D)

Intensity: PUD-I districts shall be permitted a range of floor area ratios, heights, and square footages consistent with the Comprehensive Plan intensity requirements. In evaluating proposals, the criteria contained in Articles 2 and 7 shall provide a basis for intensity determinations (floor area ratio, height, square footage, and setbacks).

2.04.02.11.05.

Planned Unit Development District - Mixed Use (PUD-MU).

(A)

Intent:

The Planned Unit Development Mixed Use district (PUD-MU) is enacted to provide for and encourage a compatible mix of uses, rather than a separation of uses, in accordance with the Comprehensive Plan. Planned Unit Development Mixed Use districts are defined for purposes of these regulations as planned development districts for the establishment of complimentary groupings of residential, commercial, office, industrial, or other uses.

It is the intent of these regulations to provide for development of such districts at appropriate locations, in accord with the goals, objectives, and policies, of the Comprehensive Plan, and the standards set forth herein. It is further intended that PUD-MU development shall consist of interdependent uses/tracts and/or complexes, where planned site design, including the siting of buildings, parking, service areas, and landscaped open spaces will allow for scale and balance, compatibility with adjacent and surrounding land uses, and a reduction in general traffic congestion.

(B)

Location: PUD-MU districts shall be located where they will facilitate ease and convenience of use; where negative impacts on the surrounding transportation systems, public services, and surrounding land uses will be minimized; where the use is compatible with surrounding land uses; and where the intensity of the project is consistent with the use that it provides.

(C)

Permitted Uses:

All uses must be consistent with the Comprehensive Plan permitted uses, project size, intensity, density, locational criteria, and other factors. In the determination of what constitutes a primary use in a PUD-MU district, percentage of land area, percentage of building square footage, and percentage of impacts such as traffic shall be considered. Exceeding fifty-one (51) percent shall be considered to be a primary use.

PUD-MU districts shall not be used when other single use proposed districts can accommodate the proposed uses. However, if a proposed development cannot be applied to other single use Planned Districts, then a PUD-MU may be used if a General Development Plan, which meets the criteria of Articles 2 and 7, is also approved.

PUD-MU districts shall:

(1)

Provide appropriate areas for and facilitate quality mixed use development in activity centers that are consistent with the Comprehensive Plan's land use and transportation goals, objectives, policies and strategies;

(2)

Accommodate intensities and patterns of development that can support multiple modes of transportation, including public transit and walking;

(3)

Group and link places used for living, working, shopping, schooling, and recreating, thereby reducing vehicle trips and relieving traffic congestion in the City;

(4)

Provide a variety of residential housing types and densities to assure activity in the district to support a mix of uses and enhance the housing choices of City residents; and

(5)

Integrate new mixed use development with its surroundings by encouraging connections for pedestrians and vehicles and by assuring sensitive, compatible use, scale, and operational transitions to neighboring uses.

(D)

Intensity: Application of appropriate review criteria shall be based upon the specific facts of the proposal. The ranges of intensity controls shall generally be approved according to the guidelines set forth in the other single-use PUD districts corresponding to the uses in the PUD-MU district. In no event shall uses permitted in a PUD-MU district exceed the maximum intensity controls in the other single-use PUD districts.

(Ord. No. 2012-03, exh. A(pt. 1), 8-7-2012; Ord. No. 2016-05, exh. A(2.04.01), 5-10-2016; Ord. No. 2016-09, exh. A(2.04.01), 9-13-2016; Ord. No. 2017-09 , § 2(exh. A), 11-14-2017; Ord. No. 2018-01 , § 2(exh. A), 2-13-2018; Ord. No. 2019-02 , § 5, 11-12-2019)