4.1.1 Structures. See subsections 2.2.1 and 2.2.2, for permit requirements. Structures shall meet the requirements of subsections 3.2.2 and [chapter] 5.0, as applicable. Structures shall not be located in the future right-of-way of public streets, and required building setbacks shall be measured from the future right-of-way line. (See subsection 4.1.3 for right-of-way widths.) The PCD director may allow the setback to be measured from the existing right-of-way rather than from the future right-of-way in cases where the purchase of the future right-of-way area is not in the foreseeable future. Setback from the future right-of-way shall not be waived if widening of the street is included in the city or county five-year transportation improvement program (TIP), or is included in any improvement programs of the Florida Department of Transportation. In cases where existing right-of-way width is less than the requirement for the classification of the street (see subsection 4.1.3.2), reductions in setback shall be limited so that a minimum of 50 percent of the required right-of-way width is reserved. All structures shall maintain a 35-foot visibility triangle from an intersection of two streets or a street and alley. With the exception of residential accessory structures, metal buildings are prohibited in any zoning district other than the Industrial district.

If a proposed structure is in a PDP (see subsection 3.4.1), structures will be permitted only as shown on the approved site plan or as allowed in subsection 3.4.1. If the structure is in a historic district, see subsections 3.4.2 and 2.2.13. Structures are further restricted in the coastal areas at or below two feet above mean sea level (see subsection 3.4.4).

In storage facilities, no individual doors, except for main entry door(s), or painted doors on walls shall be allowed on the front elevation. No exterior walls of exposed cinder block shall be permitted unless block is treated for exterior finish.

Outparcel treatment: The design of structures on outparcels shall be coordinated with the main structure on the parcel. At a minimum, similar colors and materials shall be used on exterior surfaces. Compatibility in roof shape and material, signage, lighting and landscape material is encouraged. The following are general regulations for structures:

4.1.1.1 Number of structures per lot. Only one principal building and permitted accessory structures (see section [chapter] 5.0) shall be permitted per lot, except that multiple buildings may be permitted if approved by the design review committee in the UC, UCBD or UV districts, or through the PDP process in all other districts. (see Section 3.4.1).

4.1.1.2 Temporary structures. Temporary structures are those which are designed, constructed and intended to be used on a short-term basis. Temporary structures, including non-motorized trailers are permitted during construction (see section 2.2.1 for permit process) subject to the following:

a.

No temporary structure shall be permitted on a property until the principal development for the parcel has been permitted.

b.

Temporary structures shall be tied down and electrical and sewer service shall be provided in accordance with current building, electrical and plumbing codes.

c.

Placement of temporary structures shall be at the discretion of the PCD director.

4.1.1.3 Water and sewer facilities. No building shall be occupied unless it is connected to public sewage disposal and potable water facilities or is approved by the director of public works for alternative sources for these services. All buildings which have property lines within 100 feet of potable water service and 200 feet of sewer service shall connect to such facilities unless waived by the director of public works on the basis that the service is not adequate. Plans for sewer and water facilities including connections shall be submitted with any permit application for a structure (see subsections 4.1.1.5.b. and 4.1.1.5.c. below).

4.1.1.4 Street access. No building shall be permitted on a lot unless the lot has access to one of the following:

a.

A public street. If such street is unimproved, the director of public works may require the applicant for a structure to construct adequate access to the proposed property entrance. If the street is unpaved the director of public works may require as a condition of the permit that the applicant commit to participation in the future paving of the street.

b.

A private street within an approved PDP. Such streets shall be completed to the entrance of the applicant structure and approved prior to the issuance of any permit for constructing a structure (see section 4.1.1.5.a. below).

4.1.1.5 Concurrency. No structure or alteration to a structure shall be permitted unless the PCD director determines that adequate capacity in the following areas is available to serve the development or will be available at the time of issuance of the certificate of use (as per subsection 2.2.2): roadways, sanitary sewer, potable water, drainage, solid waste, schools and recreation. A traffic study or other technical studies including the applicant's interpretation of the project's standing in regard to concurrency may be required by the PCD director as necessary to determine the impact of proposed development on these facilities. The following level of service standards shall be used by the PCD director to determine if adequate capacity is available.

a.

Roadways. Maintain level of service D or better on all roadways. Level of service D is a roadway condition where the ratio of average daily traffic volume to roadway capacity is between 0.75 and 0.90. The PCD director shall maintain tables indicating the capacity currently available for roadway sections within the city.

b.

Sanitary sewer. Provide treatment and collection at a level of service of 100 gallons of wastewater per person per day.

c.

Potable water. Provide potable water at a level of service of 100 gallons per person per day, minimum design flow of 12 gallons per minute and 45 pounds pressure and six hours of storage capacity.

d.

Drainage.

i.

The peak discharge rate from new development shall be equal to or less than the peak discharge rate that existed prior to development based on a 25-year frequency, 24-hour duration storm event.

ii.

Trunk storm sewers and major drainage channels shall be designed to accommodate the maximum stormwater resulting from a design storm of 25-year frequency, 24-hour duration without flooding.

iii.

Internal or on-site drainage facilities of developments shall be designed to accommodate the stormwater resulting from a design storm of ten-year frequency, critical duration, based on the project site's time of concentration.

e.

Solid waste. Curbside collection and disposal equivalent to 35 pounds per capita per week of solid waste.

f.

Recreation. One acre of neighborhood park per 500 people. A neighborhood park shall be defined as a parcel of land of a half-acre or more located within a half mile of the population served and having the following minimum improvements: benches, trees, open or grassy areas and play or exercise facilities geared to the type of population served. (Note: not applicable to non-residential structures.)

g.

Schools. Maintain the level of service standards for public schools as follows:

i.

Elementary: 110 percent of permanent Florida Inventory of School Houses (FISH) capacity by school service area (SSA);

ii.

Middle: 105 percent of permanent FISH capacity by school service area (SSA);

iii.

High: 100 percent of permanent FISH capacity district-wide.

Capacity utilization is capacity demand divided by capacity availability.

4.1.1.6 Floor elevation. The minimum floor elevation of any structure other than accessory structures shall be eight feet above mean sea level or eighteen inches above the crown of the road on which the lot fronts, whichever is greater (see section 3.4.3.1.b.i.)

4.1.2 Land preparation. See subsections 2.2.1 and 2.2.3 for permit requirements. Preparation of land for construction or paving and any alteration of land in the City of Bradenton shall be subject to the following restrictions, unless superseded by other requirements of these LURs:

4.1.2.1 Clearing of vegetation. Prior to the clearing of vegetation or the grubbing of land, all trees as defined in section 2.2.3.1.a. which have not been approved for removal shall be barricaded and protected as required by subsection 2.2.3.2.h. Immediately following vegetation removal, existing slopes greater than 3 to 1 shall be protected from erosion as required by section 4.1.2.1.a. below. Open burning shall meet all applicable government regulations and be approved by city council.

a.

Grading. Unless otherwise approved, no slopes shall be greater than 4:1 and shall be stabilized immediately following grading by the placement of sod so as to completely cover the slope. Other methods of slope stabilization may be used if specifically approved by the PCD director. Areas greater than 3,000 square feet which have been cleared shall be watered as necessary to prevent wind erosion and impacts on adjacent properties.

b.

Excavation and filling. In areas where buildings are proposed, excavation and filling shall be governed by sections 1802 and 1803 of the 2007 Florida Building Code. In existing or proposed public right-of-way, the utility specifications of the department of public works shall be followed.

c.

Paving. Street paving shall follow section 4.1.3 and applicable guidelines of the department of public works. For all paving, the drainage requirements of section 4.1.5 shall be followed.

d.

Installation of utilities. All sewer and water lines, stormwater facilities and other utilities shall be installed only as approved by the Land Alteration or Zoning Permit.

4.1.3 Streets. The following are standards for streets.

4.1.3.1 Street classifications. The street classification system is established as follows in accordance with the comprehensive plan's existing and future traffic circulation map and is summarized as follows:

a.

Arterials. Roads designed primarily for high vehicular speeds and heavy traffic volumes. They are usually characterized by signals at major intersections, channelized intersections, and where possible and feasible, median strips. Arterial roadways serve as links to major traffic generators, such as, commercial and employment centers and provide access to major land uses. They carry in excess of 23,000 vehicles/day. The existing arterials within the city are as follows:

• U.S. 301/41;

• Business 41;

• State Road 64 (including Manatee Avenue);

• State Road 684 (Cortez Road);

• 27th Street East, south of State Road 64;

• 15th Street East, south of State Road 64;

• 9th Street East, south of State Road 64;

• 14th Street West, south of 8th Avenue;

• 26th Street West, south of Manatee Avenue;

• 75th Street West.

b.

Major collectors. Roads which carry from 11,000 to 23,000 vehicles per day, primarily from local streets and minor collectors to arterial roads of major traffic generators. The existing major collectors within the city are as follows:

• 43rd Street West;

• 9th Street West;

• 9th Avenue between 9th Street West and 9th Street East.

c.

Minor collectors. Streets which carry traffic from local streets to major roads or local traffic generators. They carry medium volumes of traffic, i.e. up to 11,000 vehicles per day. Minor collectors often provide access to residential parcels of property and on-street parking is usually permitted. The existing minor collectors within the city as follows:

• 9th Avenue West between 43rd Street and 9th Street West;

• 9th Avenue East between 9th Street East and 27th Street East;

• 11th Avenue West between 75th Street West and 59th Street West;

• 12th Avenue West between 22nd Street West and 14th Street West;

• 13th Avenue West between 43rd Street West and 26th Street West;

• 13th Avenue East between 14th Street West and 9th Street East;

• 17th Avenue West between 59th Street West and 51st Street West, and between 43rd Street West and 1st Street;

• 18th Avenue West between 75th Street West and 59th Street West and between 51st Street West and 43rd Street West;

• 21st Avenue West;

• 26th Avenue West between 14th Street West and 1st Street;

• Southern Parkway;

• 51st Street West;

• 39th Street West;

• 22nd Street West south of Manatee Avenue West.

d.

Local streets. Local streets have the function of providing accessibility to individual parcels of property in residential areas. They carry light volumes of traffic, usually fewer than 3,000 vehicles per day, on right-of-way that is 50 feet wide. A local street should be designed to discourage through traffic and encourage low vehicular speeds. Local streets existing in the city are all of those streets not listed above as arterials, minor or major collectors.

4.1.3.2 Right-of-way and pavement width. The following shall be the required right-of-way widths for the street classification categories. Pavement width may be reduced with approval by the public works director, fire chief, and PCD director for neo-traditional neighborhood design.

4.1.3.3 Pavement specifications. Street pavement shall be as required by the director of public works. Pavement shall be designed to carry the expected traffic loads and shall conform to current standard specifications for city streets. All street pavements shall be of a stable type. Loose aggregate will not be considered a completed pavement.

4.1.3.4 Curbs and gutters. Curbs and gutters shall be provided on all streets unless otherwise approved by the director of public works. Vertical curbs shall not be less than six inches in height and Miami curbs shall not be less than three inches in height. All curbs shall conform to the design standards established by the director of public works. Backfill shall be higher than the curb and shall slope toward the curb in order to ensure that surface water drains into the storm drainage system.

4.1.3.5 Sidewalks. Sidewalks shall be provided on at least one side of all local streets and minor collectors and both sides of arterials and major collectors. In the UC/UCBD and UV districts, sidewalks shall be provided on both sides of the street, regardless of the street classification. Sidewalks shall be concrete and shall be a minimum of four inches thick and five feet wide in residential areas, and eight feet wide in mixed-use and non-residential districts. The landscaped area between the sidewalk and curb shall be a minimum of three feet, where feasible, and maximized within the available right-of-way. A tree shall be planted within the landscaped area every 100 linear feet according to the following criteria:

Tree species shall not include the following:

• Brazilian Pepper, Carrotwood, Australian Pine, Chinese tallow, Melaleuca or any tree that meets the definition of 'invasive' as determined by the Florida Invasive Species Council.

Tree species shall be chosen based on climate suitability and site constraints following the principle of 'Right Tree, Right Place.' See "Tree Matrix Schedule 4.1.3.5" for suggested species and characteristics.

The director of public works may, at his/her discretion, prohibit planting under certain circumstances. Trees planted in the right-of-way must meet the following criteria:

a.

A root barrier shall be placed around select trees within or near the right-of-way.

b.

No tree shall be placed any closer than ten feet (five feet with a root barrier) to any utility owned and operated by the City of Bradenton Public Works Department.

c.

No trees shall be planted within utility easements.

d.

No trees shall be planted under overhead utility lines.

e.

Trees planted within medians shall not be paced as to hinder site [sight] visibility at intersections from any direction.

f.

Trees planted in medians should be limited to height and diameter as to not cause damage to vehicles from the drip line.

g.

Trees planted next to sidewalks shall be planted at a height as to not obstruct pedestrians use.

h.

Trees shall not be planted in front of any signs.

i.

All trees must be provided with an adequate watering system schedule until established.

j.

In instances where tree planting is hindered by existing infrastructure or lack of adequate space, a modular suspended pavement system such as Silva-cells may be installed.

In PDPs where adequate provision for pedestrian circulation is provided, the requirements of this section may be modified by the approving body. Sidewalks shall be constructed as part of the street construction in subdivisions and PDPs unless phasing is specifically stipulated by city council. As part of the approval of a permit for a construction or alteration of structure or parking area, the PCD director may require the construction or reconstruction of sidewalks in order to fulfill the requirements of this section.

Tree Matrix Schedule 4.1.3.5

4.1.3.6 Dead-end streets (cul-de-sacs). Unless specifically approved by city council based upon a site plan, cul-de-sacs shall be no longer than 400 feet and shall have at the closed end a turnaround having a radius at the outside of pavement of at least 50 feet and at the outside of right-of-way at least 55 feet.

4.1.3.7 Intersections.

a.

Streets shall intersect as nearly as possible at right angles and no intersection shall be at an angle of less than 60 degrees.

b.

Street curb intersections shall be rounded by radii of at least 20 feet. When the smallest angle of street intersection is less than 75 degrees, the director of public works may require curb radii of greater length. Wherever necessary to permit the construction of a curb having a desirable radius without reducing the sidewalk at a street corner to less than normal width, the property line at such street corner shall be rounded or otherwise set back sufficiently to permit such curb construction.

c.

No lot or other parcel of land which abuts on and has access to either a collector or a local street and an arterial street shall have a service drive, curb cut, or other means of access directly to an arterial street within 150 feet of the right-of-way line of any such street which intersects the arterial street on which such lot or parcel is located.

4.1.3.8 Curves in streets.

a.

A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.

b.

Where there is a deflection angle of more than ten degrees in the alignment of a street, a curve with a radius adequate to ensure safe sight distance shall be made. The minimum radii of curves shall be:

c.

Street jogs with center line offsets of less than 125 feet shall not be made.

d.

Every change in grade shall be connected by a vertical curve constructed so as to afford a minimum sight distance of 200 feet, said sight distance being measured from a driver's eyes, which are assumed to be four and one-half feet above the pavement surface, to an object four inches high on the pavement. Profiles of all streets showing natural and finished grades, drawn to scale, may be required by the director of public works.

4.1.3.9 Grades.

a.

All streets shall be designed so as to provide for the discharge of surface water from the pavement and from the right-of-way by grading and drainage facilities. The minimum street grade required for adequate drainage shall be as approved by the director of public works.

b.

The minimum grade of all streets shall be 0.3 percent unless specifically approved by the director of public works.

c.

Streets shall be designed so as to make them flood free in order that properties served by such streets will not be isolated by floods. In flood-prone areas, the director of public works may require profiles and elevations of streets in order to determine the adequacy of design. Fill may be permitted by the director of public works provided that it does not adversely affect flood conditions of the surrounding properties.

d.

All streets shall be graded to their full widths so that pavements and sidewalks can be constructed on the same level plane. Deviation from this standard due to special topographical conditions will be allowed only with the special approval of the director of public works.

i.

Preparation of the subgrade. Before grading is started, the entire right-of-way area shall be first cleared of all tree stumps, roots, brush and other objectionable materials and of all trees not intended for preservation. The subgrade shall be properly shaped, rolled and uniformly compacted to conform to the accepted cross section and grades.

ii.

Cuts. In cuts, all tree stumps, boulders, organic material, and other objectionable materials shall be removed to a depth of at least two feet below the grade surface. Rock, when encountered, shall be scarified to a depth of at least 12 inches below the graded surface.

iii.

Fills. In fills, all tree stumps, boulders, organic material, soft clay, spongy material and other objectionable material shall be removed to a depth of at least two feet below the natural ground surface. This objectionable matter as well as similar matter from cuts shall be removed from the right-of-way area and disposed of in such a manner that it will not become incorporated in fills or hinder proper operation of the drainage system.

4.1.3.10 Blocks. Block lengths shall not exceed 800 feet or be less than 400 feet, except as the director of public works considers necessary to secure the efficient use of land or desirable features of street layout.

4.1.4 On-site parking and vehicular access. On-site parking shall be provided for each business, residence, institution or other land use in compliance with this subsection. See subsections 2.2.2 and 2.2.3 for permit requirements and procedures. The number of required on-site parking spaces for each type of land use and for handicapped persons is set forth in schedule 4.1.4.1. The PCD director may waive certain parking requirements in the PDP, UV, UC, and UCBD Land Use Atlas districts and planned redevelopment projects, and shall establish policies for equitably granting such waivers. Granting of a parking requirement waiver may require additional landscaping to be provided by the applicant pursuant to schedule 4.1.4.4.

4.1.4.1 Design

a.

The parking and vehicular use areas shall be improved subject to the approval of the director of public works. Asphalt and concrete are permitted, paver block, porous concrete or other pervious material (with the exception of shell) are encouraged. The paving requirement may be waived by the PCD director for a specific period of time or on a permanent basis for infrequently used parking areas such as those for recreational facilities or overflow parking areas. Within the Village of the Arts Overlay district, the PCD director may waive the paving requirements for up to five years.

b.

Paved lots shall be striped or otherwise marked to designate individual spaces with the exception of driveways for one- and two-family dwellings.

c.

Angle parking spaces shall measure a minimum of nine feet in width and 20 feet in length. Parallel parking spaces shall measure ten feet by 24 feet. Handicapped parking spaces shall measure 12 feet by 20 feet. The required width of the aisle between rows of parking spaces shall be dependent upon the angle of the parking spaces as follows:

Alternative parking lot layouts may be approved by the PCD director for special purpose parking lots, such as valet attended lots, storage lots for tractor trailers or lots for the storage of towed vehicles. This will allow administrative approval of specialty parking lots in cases where the standard layout is not appropriate.

d.

Parking spaces shall have curbing, wheel stops or other effective means to prevent vehicles from encroaching into required landscaped areas.

e.

Paved areas greater than 1,500 square feet in size shall comply with the drainage requirements of subsection 4.1.5 and shall require approval by the director of public works. Paved areas greater than 4,000 square feet shall require a drainage plan review and approval by the director of public works. And the Southwest Florida Water Management District approval or exemption.

f.

Within large parking lots, the PCD director may require sidewalks and stop signs for the safety of pedestrians circulating in the lot.

g.

Speed bumps are prohibited unless otherwise approved by the fire department and department of public works.

4.1.4.2 Location.

a.

The spaces required for a particular land use must be provided on the premises of that land use, or, if approved by the PCD director, within 400 feet of the premises. The required parking areas may be consolidated into a large parking area serving other businesses and uses. Such off-premises parking area shall be maintained, regulated, and enforced as if it were on the premises served. The PCD director may require a deed, lease, or other reasonable proof necessary to show that the required off-premises parking area is controlled by and available to the applicant.

b.

Parking areas serving non-residential uses shall not be located within a residential zone.

4.1.4.3 Access. Curb cuts in public rights-of-way are subject to the review and approval of the director of public works and, if on a state or county right-of-way, to the approval of those bodies. Access shall be limited as follows:

a.

Residential buildings with up to six dwelling units shall be limited to one access point or driveway per street frontage, except that circular drives may be permitted with a maximum width of 12 feet per curb cut and a minimum of 25 feet between curb cuts. Single access points shall be limited to 24 feet in width. Curb cuts shall be located at least two-thirds of the distance of the lot frontage or 100 feet, whichever is less, from any intersecting roadways. Multi-family dwellings with more than six units shall comply with subsection c., below.

b.

Gasoline service stations shall be limited to two 24-foot-wide access points per street frontage. Such points shall be located at least 50 feet from any intersection. There shall be a minimum distance of 30 feet between any two access points serving one property.

c.

Business or uses other than those above shall be limited to one 36-foot-wide or two 24-foot-wide vehicular access points per street frontage. Such points shall be located at least 100 feet or two-thirds the distance of the lot frontage, whichever is less, from an intersection of roadways. The PCD director may, under certain circumstances, allow relief from this standard. There shall be a minimum distance of 30 feet between any two access points serving one property.

d.

Stacking lanes for all drive-through operations shall have a minimum width of nine feet per lane and shall be of sufficient length to accommodate five vehicles, including the vehicle at the pickup window. The PCD director may, under certain circumstances, allow relief from this standard. Site specific design and location shall be determined by the PCD director and fire marshal.

4.1.4.4 Landscaping requirements. All commercial and multi-family structures (three or more dwelling units) shall have foundation landscaping as required in section 4.1.4.4.d.iii. Alternative landscaping for the UC and UCBD shall be subject to approval by the PCD director. All parking and vehicular use areas, with the exception of those serving single-family and two-family houses, shall be landscaped in accordance with this subsection. The landscaping requirement may be waived by the PCD director for a specific period of time for phased development or on a permanent basis for infrequently used parking areas such as those for recreational facilities or overflow parking areas. Credit toward required landscaping materials may also be provided by the PCD director if existing vegetation is preserved as part of the proposed development.

a.

Landscaping site plan. Details shall be shown on the site plan submitted for permit approval and shall include the common or scientific names of plant materials to be used in fulfillment of the requirements of this subsection. The landscaping site plan shall also show the permanent irrigation system. The PCD director may allow an alternative irrigation method upon good cause, such as the installation of drought tolerant plants, but in no case shall the PCD director allow less than the location of at least one existing or proposed water outlet within 150 feet of all plant materials.

b.

Landscaping material specifications. Plant materials used in conformance with provisions of this subsection shall conform to the standards of Florida No. 1 or better as established by the Florida Department of Agriculture. Terms used in this section are defined as follows:

i.

Landscaping materials: Any combination of materials such as grass, ground cover, shrubs, vines, hedges, trees or palms and non-living material commonly used in landscaping, such as rocks, pebbles, sand, walls or fences; excluding paving.

ii.

Trees: Shall be species which, in the Manatee County area, have an average spread or crown of greater than 15 feet and have trunks which can be maintained in a clean condition over five feet of clear wood. Trees may be grouped to result in the required 15-foot spread, but palm trees shall not constitute more than 25 percent of the total tree units on the site. Tree types listed in subsection 2.2.3.1 as exempt from tree removal permits shall not be used for required trees under this subsection. Tree species whose roots are known to cause damage to sewer and water lines shall not be planted closer than 12 feet to such public utilities unless the tree root system is completely contained with a barrier or is otherwise approved by the PCD director and director of public works. The use of hybrid "high-rise" or "cathedral" oak trees, as well as tree diversity, is encouraged for commercial and multi-family buildings.

iii.

Hedges: Where hedges are required, shrubs shall be placed 24 inches on center and maintained so as to form a continuous, unbroken, solid visual screen within a maximum of two years of planting.

iv.

Vines: Shall be a minimum of 30 inches in height at the time of planting, and must be attached to a fence, screen or other support.

v.

Grass areas: Shall be planted in such species as are commonly grown in permanent lawns in the Manatee County area.

vi.

Ground covers used in lieu of grass: Shall be planted in such a manner as to present a finished appearance and reasonably complete coverage and shall be used with an acceptable mulch such as pine bark or recycled organic mulch when planted.

c.

Placement of landscaping material. Landscaping materials shall not block visibility in a "clear" area between two and ten feet in height within 35 feet of the corner of two streets or within ten feet of the corner of a driveway and a street. Tree trunks may not be considered to block visibility if they are located so as not to create a traffic hazard and are trimmed so that foliage is not blocking view in the "unclear" area. Utility easements may be approved as part of the landscaped areas required under this section subject to the following:

i.

No trees shall be planted within the easement. Trees with a mature height greater than 20 feet shall not be planted under power lines.

ii.

All shrubs shall be maintained at six feet or less in height.

iii.

No plants shall be placed in an easement if such plants will adversely affect or restrict the intended use of the easement.

iv.

No alteration of drainage easements, such as the addition of berms or other grading, shall be made without the written approval of the director of public works.

d.

Landscaping required.

i.

Landscaping shall be provided in accordance with schedule 4.1.4.4.

ii.

In the UV, UC and UCBD zoning district[s], the depth of the buffer may be reduced if it is determined by the PCD director that the property is inadequate in size to meet the full ten-foot requirement. For parking areas smaller than 6,000 square feet in area, the buffer may be reduced to a minimum of three feet, and in parking areas 6,000 square feet or larger, to a minimum of six feet. The PCD director may require landscaping elsewhere on the property to compensate for the loss of the required buffer. Interior landscaping requirements shall not be waived. In other districts, the PCD director may grant waivers of width of landscaped areas required under this section provided that the total required landscaping area is provided on site and is located in areas meeting the intent of this section to beautify off-street parking areas. The PCD director may also grant waivers for the grouping of trees or shrubs provided that the layout does not place trees as defined above in clusters which are concentrated so as to impair growth. Such waivers may be granted for the purpose of allowing some creativity in layout of landscaping materials and relief from the standard layout set forth in this section. Such waivers shall not be granted if they result in a reduction in landscaped area as required herein or a reduction in the types and numbers of plants required herein. The PCD director may reduce, but not eliminate the required width of a landscaped buffer in cases where the buffer abuts an existing buffer on adjacent property.

iii.

Foundation landscaping shall be planted in the amount of 100 square feet of planting area per 1,500 square feet of building ground floor area. Planting areas shall be raised or ground level and be a minimum of eight feet wide and located on the side of the building visible from a public right-of-way. Seating courtyards, eating areas and plazas may be incorporated in the planting area.

4.1.5 Drainage. This subsection contains information and standards used for all site improvements, where drainage may be necessary.

4.1.5.1 Design standards.

a.

Subdivisions. All proposed development requiring construction approval shall submit site and drainage plans to Southwest Florida Water Management District for application, approval or exemption as specified in chapters 373 and 120 F.S. and chapter 40-D40, General Surface Water Management Permits, addressing both water quantity and quality aspects of stormwater management. All proposed developments shall be governed by section 163.3202 F.S. and rule 9J-23.033 F.A.C. concerning concurrency.

b.

Commercial and industrial developments. All proposed projects for construction approval containing more than one acre of land shall conform to the same rules as set forth in the subsection 4.2.1.4. Drainage requirements.

c.

Commercial and light industry developments. All proposed projects for construction approval containing less than one acre of land shall use the rational method of retention, based on the following formula: Gross site square footage × the coefficient of runoff value (0.05 to 0.75) × 0.08 (1-inch rainfall) = the amount of retention required in cubic feet.

4.1.5.2 Drainage easements.

a.

Drainage easements shall be maintained so that their function is not impaired through plant growth, debris, or permanent fences blocking ingress or egress to this area.

b.

See subsection 4.2.1.5 for restrictions regarding planting and grading of easement areas.

4.1.5.3 Off-site discharge.

a.

Drainage discharge of sites shall not encroach into adjoining properties, unless documented private or public easements are established.

b.

Discharge of stormwater runoff from sites adjacent to state- or county-maintained roads shall have written approval from that agency prior to the City of Bradenton final approval.

c.

Any person performing construction activities shall implement proper erosion and sediment control practices at the construction site to minimize the amount of pollutants entering the city's municipal separate storm sewer system. Control measures shall be implemented prior to any grading or clearing with the exception of brush removal for surveying.

(Ord. No. 4050, § 3, 12-18-24)

This section contains the design standards and review criteria for subdivisions. The requirements for filing a subdivision plat and the procedures for approval are in subsection 2.2.10.

4.2.1 Design standards.

4.2.1.1 Lot dimensions. All lots within a subdivision shall conform to the dimensional requirements for the standard zoning district in which the subdivision lies (see schedules 3.2.2.1 and 3.2.2.2) or shall conform to the standards for planned development projects (see section 3.4.1). The density of residential subdivisions shall be governed by the zoning district in which the land lies (see schedule 3.2.2.1). In PDP zoning districts, the future land use map of the comprehensive plan and related policies shall govern density. Subdivisions using the dimensional requirements for a PDP shall obtain PDP approval (see section 3.4.1) prior to or simultaneously with subdivision approval.

4.2.1.2 Streets. Streets shall conform to the standards in section 4.1.3. In addition, the following shall apply:

a.

The street layout of the proposed subdivision shall provide for the continuation or projection of streets already existing in areas adjacent to the areas being subdivided unless the approving body deems such continuation or extension undesirable for specific reasons of topography or design.

b.

Where, in the opinion of the approving body, it is desirable to provide street access to adjoining properties, proposed streets shall be extended by dedication to the boundaries of such properties. Where the approving body deems it necessary, such dead-end streets shall be provided with a temporary turnaround having a radius of at least 50 feet.

c.

The street system for the proposed subdivision shall provide for extending existing streets at the same or greater width, but in no case shall a street extension be of less width than the minimum width required in these regulations for a street in its category.

d.

Dedication of right-of-way for new streets. The right-of-way for streets to be dedicated shall be as follows unless otherwise determined by the director of public works for the UV, UC and UCBD districts:

e.

Dedication of right-of-way for existing streets. Subdivisions platted along existing streets shall dedicate additional right-of-way if necessary to meet the minimum requirements for new streets set forth in subsection d. Above.

i.

The entire minimum right-of-way width shall be dedicated where the subdivision is on both sides of an existing street. When the subdivision is located on only one side of an existing street, one-half of the required right-of-way width, measured from the center line of the existing street shall be dedicated.

ii.

Dedication of one-half of the right-of-way for proposed streets along the boundaries of land proposed for subdivision shall be prohibited except for arterial streets.

4.2.1.3 Natural and man-made features of site. The subdivision layout shall be made with regard for natural features such as large trees, unusual topographic features, watercourses, sites of historical significance and similar assets. Specifically, the following shall be required:

a.

A survey showing all trees which require a permit for removal under section 2.2.3.1 of these LURs shall be submitted with the preliminary subdivision plan, for the purpose of reviewing the layout of the lots in regard to trees of significance. The relationship of such trees to the layout shall be considered in the review of the preliminary plan and changes may be requested or required in the layout as necessary to preserve such trees as practical while allowing reasonable use of the property.

b.

The requirements of section 3.4.4, Conservation district, shall be considered in the review of any subdivision with land within this district. The layout of lots shall be such that land within this Conservation district is not within a probable building envelope or area to be paved or otherwise altered in conflict with section 3.4.4. Note that projects with more than 200 linear feet of coastal high hazard line are required to be planned development projects (see Section 3.4.1) and all lands within the Conservation district are to be common area rather than individual lots.

4.2.1.4 Drainage. Drainage shall meet the requirements of section 4.1.5. Subdivisions shall be designed to:

a.

Be consistent with the need to minimize flood damage;

b.

Have public facilities and utilities such as sewer, gas, electrical and water systems located and constructed to minimize flood hazards;

c.

Have adequate drainage provided to reduce exposure to flood hazards.

d.

Shall provide base flood elevation data if the development is greater than 50 lots or five acres, whichever is less.

4.2.1.5 Easements. Easements shall be provided as are reasonably necessary and required by public works to accommodate public utilities, including sewer, water and drainage for each lot in the subdivision. Drainage easements shall include all pipes, ditches, swales and ponds required under stormwater permits by the city or other permitting agency. For subdivisions not requiring a stormwater permit under state law, public works may require five-foot easements along the rear and side lot lines in residential subdivisions if needed for public utilities or drainage purposes.

The width of a pipe easement shall be ten feet measured from the center line of the proposed pipe, unless a reduction is allowed by public works based upon the depth and size of the pipes. Additional easement width may be required by public works for large piped drainage easements. Such easements shall be shown on the preliminary plat for review and on the final plat for recording.

These easement requirements may be waived or reduced by city council upon presentation by the applicant of evidence that the requirement is excessive or unnecessary for a particular subdivision. No alteration of drainage easements, such as the addition of berms or other grading, shall be made without the written approval of the director of public works. Easements may be landscaped subject to the following:

a.

No trees shall be planted within the easement.

b.

All shrubs shall be maintained at six feet or less in height.

c.

No plants shall be placed in an easement if such plants will adversely affect or restrict the intended use of the easement.

f.

Fences, see section 5.1.2.7 or 5.2.2.4

4.2.1.6 Recreation. In residential subdivisions, recreation area shall be provided at a ratio of one acre per 200 single unit lots. A minimum recreation area of one-half acre is required in subdivisions of 50 single unit lots or more. In subdivisions with less than 50 single unit lots, recreation area shall be provided in a fraction of an acre, using the ratio of one acre per 200 single unit lots to determine the fraction required.

Recreation buildings or enclosed or paved play courts shall constitute a maximum of 50 percent of the required recreation area. A recreation area shall have at minimum the following improvements: benches, trees, open or grassy areas and play or exercise facilities geared to the type of population served. Pedestrian or bike paths designed to meet the recreation standard must be in a landscaped corridor, a minimum of 25 feet in width.

4.2.1.7 Sewer and water. Sewer and water service, meeting the standards of the director of public works shall be provided to the lot line of each lot within a subdivision.

4.3.1 Alcoholic beverage sale approval. The following are the criteria for review and approval of an application for alcoholic beverage sales (see section 2.2.9 for application requirements).

4.3.1.1 Approval shall not be granted for a site in a residential land use atlas district.

4.3.1.2 Approval shall not be granted on any site within 300 feet of any place of worship, day care center, or public or private elementary, middle, or high school. In accordance with F.S. § 562.45(2a) establishments licensed after July 1, 1999, or restaurants not meeting the 51 percent rule shall not be located within 500 feet of any such school. Such distance shall be measured from the main entrance of the applicant establishment, along the shortest route of pedestrian travel, to the main entrance of the principal building of the place of worship or day care center, or to the nearest point on the school grounds.

4.3.1.3 Approval shall not be granted if the sale of alcoholic beverages is found to be incompatible with surrounding land uses.

4.3.1.4 Reasonable stipulations may be attached to an approval for the purpose of rendering the use compatible with surrounding land use. Stipulations may include, but are not limited to, restrictions on the hours of operation and the addition of buffer strips.

4.3.2 Boarding houses. These uses may be permitted only in those districts where they are designated as special use uses, pursuant to schedules 3.2.1.1 and 3.2.1.2.

4.3.2.1 To be eligible to apply for a special use permit, a building must be on a lot with a minimum area of 10,500 square feet if more than four boarders are proposed, or 8,000 if four or fewer are proposed.

4.3.2.2 The following shall apply in addition to other provisions of these LURs and any special use permit requirements:

a.

The maximum number of persons permitted to reside on the premises shall not exceed the total square footage of the building floor area minus the resident manager's quarters, divided by 200.

b.

No sleeping room shall contain more than two persons.

c.

Living quarters for the resident manager shall be provided; such quarters may include a kitchen.

d.

Centralized facilities to provide meals for the occupants may be provided; however, meals shall be provided only for boarders and not for the general public.

e.

One attached unlighted wall sign not over four square feet in area and one freestanding sign not over 6 square feet in area identifying the establishment may be permitted.

f.

A landscaped separation strip of at least ten feet in width shall be provided along all property lines and streets adjoining the premises. The buffer shall be landscaped with "landscaping materials" and a "tree" every 50 feet, as defined in section 4.1.4.4. The premises shall be permanently screened from adjoining properties by a wall, solid fence, evergreen hedge or other approved enclosures. Such screening shall be located within the required separation strip and shall have a minimum height of six feet.

4.3.3 Automotive uses. The storage or repair of motor vehicles, in addition to conforming to other applicable provisions of these LURs, shall store vehicles incapable of being moved under their own power at the rear of the property in an area enclosed by a wall, solid fence or evergreen hedge with a minimum height of six feet for the purpose of screening the vehicles from view of surrounding properties.

4.3.4 Auctions, temporary. City council may waive all requirements of these LURs for temporary auctions, defined as not exceeding any 48-hour period, and held at one location not more than once a year.

4.3.5 Day care centers. These uses may be permitted only in those districts indicated on schedules 3.2.1.1 and 3.2.1.2.

4.3.5.1 To be eligible to apply for a special use permit in a residential district, a property proposed for a day care center with up to 30 children must have a minimum of 6,000 square feet of land area. For a day care center with more than 30 children, 10,000 square feet of land area is required.

4.3.5.2 The following shall apply in addition to other provisions of these LURs and any special use permit requirement:

a.

Signs for day care centers in non-residential districts must meet the requirements of subsection 5.5. In residential districts, signs shall be limited to one sign a maximum of six square feet in area per establishment unless otherwise stipulated by the Special Use permit.

b.

A landscaped buffer at least ten feet deep shall be provided along all property lines and streets adjoining the property unless otherwise stipulated in the special use permit. The buffer shall be landscaped with "landscaping materials" and a "tree" every 50 feet as defined in subsection 4.1.4.4.

4.3.6. Group care homes and group care facilities. Group care homes are identified as community residential homes of six or less residents as defined by F.S. § 419.001. Group care facilities involve community residential homes of seven or more residents as set forth in F.S. § 419.001. The provisions of F.S. § 419.001 relating to the approval of such community residential homes herein denominated as group care homes and group care facilities are incorporated herein and made a part hereof, and the city shall establish appropriate monitoring procedures and standards for determining compliance by such group care homes and group care facilities with the provisions of said statute. For density purposes, six beds shall constitute one independent unit if individual kitchens are not provided.

4.3.7 Newsracks/modular newsracks. Any newsrack/modular newsrack placed on public land, property, or improvement shall comply with the standards, below. Any newsrack or modular newsrack on private land, property, or improvement are exempt from these requirements, unless otherwise indicated.

4.3.7.1 Placement. No newsrack/modular newsrack shall obstruct or interfere with the normal and safe use or maintenance of any public/private land or improvement. No part of any newsrack/modular newsrack shall be placed so as to reduce a minimum sidewalk clearance of less than five feet. No newsrack/modular newsrack shall be attached to any public pole, post, sign, bench, fixture, tree or bush, or other similar objects. Modular newsracks shall be bolted to their location, and shall require approval from the director of public works.

Downtown pedestrian area. Newsracks are prohibited, however, one modular newsrack system is permitted at each of the following locations:

• 1115 Manatee Avenue West (courthouse).

• 1115 6th Avenue West (courthouse).

• Rear of 1112 Manatee Avenue West (county administration building).

• 1023 Manatee Avenue West (professional building).

• 430 Old Main Street West.

•  North side of the Manatee County Central Library at Barcarrota Boulevard.

4.3.7.2 Color. Modular newsracks in the downtown pedestrian area shall be according to an approved color palette determined by the PCD director.

4.3.7.3 Exterior advertisements. Modular newsracks in the downtown pedestrian area shall be limited to exterior advertisements of the publication contained in each respective unit.

4.3.7.4 Displayed notice. All newsracks/modular newsracks shall contain a readily visible notice which includes the name, address, and working telephone number(s) of the distributor responsible for its operation and maintenance. Outdated notices shall cause the newsrack/modular newsrack to be considered abandoned.

4.3.7.5 Maintenance. Each newsrack/modular newsrack shall be maintained and kept neat, clean, and in good repair by the owner, distributor, and/or vendor.

4.3.7.6 Indemnification. The owner and distributor associated with any newsrack/modular newsrack shall provide indemnification, in a form approved by the city attorney, which holds the city, its officers, employees, and agents harmless from any claim, demand, or judgment in favor of any person or entity arising out of, or resulting from the placement of, any newsrack/modular newsrack upon, within, or over public land or improvement.

4.3.7.7 Abandonment. Any newsrack/modular newsrack unit that remains empty, or contains outdated publications for more than 45 consecutive days shall be considered abandoned and require removal.

4.3.7.8 Non-conforming newsracks. See subsection 4.4.5.

4.3.7.9 Administration. Modular newsracks in the downtown pedestrian area shall require a zoning permit.

4.3.8 Nursing homes. These uses shall comply with the following in addition to all other applicable provisions of these LURs and any conditions imposed as part of a special use permit:

4.3.8.1 To be eligible to apply for a special use permit, the property proposed for a nursing home must be a minimum of 7,500 square feet in area, except that property proposed for a residential treatment facility must be a minimum of 10,000 square feet in area.

4.3.8.2 The following shall also apply:

a.

Interior living space required: 200 square feet of living space per resident, not including any area reserved for resident staff, plus a minimum of 80 square feet of sleeping area in each single occupancy sleeping room and a minimum of 60 square feet of sleeping area in each multiple occupancy sleeping room.

b.

A full bathroom with toilet, sink and tub or shower shall be provided for each five residents.

c.

No signs are permitted in residential zones unless otherwise allowed as part of the special use permit. In non-residential districts schedule 5.5.3.2 shall apply.

d.

A landscaped buffer of at least ten feet in width shall be provided along all property lines and streets adjoining the property. The buffer shall be landscaped with "landscaping materials" and a "tree" every 50 feet as defined in subsection 4.1.4.4.

e.

A residential treatment facility abutting a residential area, whether or not the area is residentially zoned, must provide, adjacent to the residential use, a 35-foot buffer, including the 10-foot landscaped buffer required above.

4.3.9 Adult entertainment uses. Nothing herein shall in any way repeal or supersede the provisions of section 6-6 of the Code of Ordinances of the City of Bradenton relating to nudity and sexual conduct in alcoholic beverage establishments.

4.3.9.1 Location. Adult entertainment uses or establishments will be allowed only by special use permit in the Urban Commercial Corridor (UCC) and Suburban Commercial Corridor (SCC) as provided by these LURs. No adult entertainment use or establishment shall be located within 500 feet of any residentially zoned district or residence in the city and not within 500 feet of any place of worship, school (private or public), day care or day care center, or any public recreational facility or park. No adult entertainment use or establishment shall be located within 1,000 feet of any other adult entertainment use or establishment. The method for measuring distances for the above stated restrictions shall be to measure from the property line of the site of the proposed adult entertainment use or from the proposed establishment to the property line of the other referenced use along the shortest distance between the property lines, without regard to the route of normal travel.

4.3.9.2 Additional requirements. In addition to meeting the requirements of section 3.3 relating to the criteria of special use permits, any adult entertainment use or establishment must also meet the following specific criteria:

a.

The proposed use will not be contrary to the public interest or injurious to nearby properties or property values; and,

b.

The proposed use will not enlarge, encourage or establish the development of a "skid row," "blighted area" or cause "neighborhood deterioration;" and,

c.

The establishment of such a use in the area will not be contrary to any program of neighborhood conservation or revitalization and not interfere with any program of urban renewal.

d.

Non-conforming use. Any adult entertainment use or establishment which has been established and is existing (at the same location) as of April 19, 1993, in the city shall be considered a non-conforming use and may continue to operate subject to the provisions of these LURs.

e.

Definitions. See Chapter 10.0 for specific definitions of terms pursuant to this subsection.

4.3.10 Communications towers and antennas. Communications towers may be installed in certain non-residential districts after special use permit approval. Antennas installed on existing structures do not require special use permit approval provided no antenna extends more than 15 feet above the highest point of the structure. Speculation towers are prohibited. In addition to any information required by the PCD director, all applications for a new or expanded communications tower (tower, for the purposes of this subsection) shall include the following information:

4.3.10.1 Community impact report (CIR). The CIR includes the following components:

a.

Visual impact analysis. This analysis explains how the design characteristics of the tower effectively reduce its visual obtrusiveness, and includes a site plan which indicates the maximum amount of vegetative screening of the tower and provides 100 percent screening of any accessory buildings/structures. A computer simulation of the proposed tower and accessory buildings/structures as they would appear on the site from various vantage points after construction shall be part of the visual impact analysis.

b.

Consideration of whether the proposed tower will have substantial adverse aesthetic impacts on neighboring residential lands based on the physical components of the proposed tower, as well as, the amount of the antenna(s) and tower that can be viewed from surrounding residential zones.

c.

The nature of other principal uses on and off site with preference given to the use of sites which are already developed with non-residential uses and which are currently visually impacted by tall structures, utility facilities, light poles, or other similar improvements.

d.

The nature of uses on adjacent and nearby properties and the proximity to all adjacent land uses, with preference being given to sites adjacent to non-residential uses or non-dwelling aspects of residential properties, such as open space, parks, retention ponds, wetlands, etc.

e.

Any other pertinent information that supports the beneficial use and effects of the proposed tower.

f.

Co-location study: This study demonstrates a lack of co-location availability within two miles of the proposed tower site. New or altered communications towers shall be structurally designed to accommodate the co-location of antennas.

g.

Propagation study: This study must include areas within five miles of the proposed tower site.

4.3.10.2 Engineer's certification. This certification must ensure the structural integrity of the new or altered tower, and its ability to accommodate additional antennae. Antenna(s) taller than 20 feet and proposed as part of a co-location without need for a new tower shall also comply with this requirement.

4.3.10.3 Specific standards. The following specific standards shall be reflected in the application submittal package:

a.

The city requires that the applicant or owner of a tower to remove the tower upon its abandonment. A tower shall be considered abandoned after 60 days of non-use.

b.

Alternative towers such as flagpoles, artwork, and trees shall be limited to a maximum of 100 feet in height and require approval of the proposed design by the PCD director before proceeding through the required special use permit process.

c.

Lighting shall comply with all Federal Aviation Administration requirements and shall be red both day and night. General illumination is prohibited, except for honorary lighting of a U.S. flag.

4.3.11 Sidewalk café. The sidewalk café provides for outdoor seating in conjunction with a restaurant or drinking establishment and is permitted in accordance with schedule 3.2.1.2 upon approval of a certificate of use or special use permit, and subject to the following restrictions:

4.3.11.1 Seating area. The number of outdoor seats and tables shall be limited to that number that can be reasonably accommodated according to the available widths of the associated storefront and sidewalk. Adjacent sidewalk bulb-out areas, even if not located directly in front of the associated storefront, may be considered on an individual basis, when the affected storefront owner does not object. Clear pedestrian access shall be maintained at all times, and no seating or tables shall interfere with ingress/egress of buildings or create an unsafe situation with street traffic. The sidewalk café owner/operator shall remove from the sidewalk and place out of public view any seating or tables when the business is closed, or when an authorized agent of the city makes such a request.

4.3.11.2 Maintenance. Public sidewalks approved as part of any sidewalk café shall be properly maintained for safety and cleanliness by the sidewalk café owner/operator on a daily basis. Litter, dirt, grime, grease, and food shall not be permitted to accumulate at any time.

4.3.11.3 Assurance. An indemnity agreement, provided by the PCD director shall be signed and provided by the sidewalk café owner/operator, along with proof of public liability insurance as approved by the city attorney.

4.3.11.4 [Alcoholic beverages.] Alcoholic beverages served as part of any sidewalk café on public property shall require city council approval, pursuant to subsections 2.2.9 and 4.3.1. and F.S. chapters 561 and 562. City council reserves the right to limit the number of sidewalk cafes providing alcoholic beverage service.

4.3.11.5 Application submittal. An application package must be submitted with the following information:

a.

A completed certificate of use application.

b.

A site plan indicating the following:

i.

Name and address of proposed sidewalk café.

ii.

Address of restaurant.

iii.

Name of business owner.

iv.

Name of property owner.

v.

Existing interior seating capacity.

vi.

Total number of proposed outdoor tables, dimension of outdoor area including square footage, and pedestrian circulation pattern.

vii.

The relationship of the proposed sidewalk café to the adjacent buildings and entrances; the center line of the adjacent street if not located in a shopping center; any benches, fire hydrants or connections, building exits, landscaping, curbing, and parking meters.

viii.

Proposed hours of operation.

ix.

If alcoholic beverage service is proposed as part of the sidewalk café, then a new or modified State of Florida Alcoholic Beverage License must also be submitted, which indicates the proposed sidewalk area as part of the official licensed area. Any sidewalk café prior to obtaining a State of Florida Alcoholic Beverage License shall not be permitted to operate in such a capacity until proof of the state alcoholic beverage license is provided to the PCD director.

4.3.12 Street vending. Street vending is prohibited on public lands or property, unless authorized by city council as part of a special event or revitalization initiative. On private, commercial property, one vending cart is permitted as an accessory use provided it is located within 20 feet of the primary building and has been issued a city use permit. In no case shall outside vending be allowed except for garage sales on private, residentially used property in accordance with schedule 5.1.1..

4.3.13 Freestanding ice vending machines. Freestanding ice vending machines are permitted provided they satisfy the following requirements:

4.3.13.1 Location. Freestanding ice vending machines are permitted in those districts indicated on schedule 3.2.1.2. However, they cannot be located within one mile of any other properly permitted and operating freestanding ice vending machine situated within the City of Bradenton.

4.3.13.2 Setbacks and parking. All freestanding ice vending machines shall meet the minimum setback requirements set forth in this ordinance. Furthermore, if a freestanding ice vending machine is located within the parking area of an existing structure, the freestanding ice vending machine shall neither reduce the overall number of parking spaces below the minimum required under this Ordinance, nor have a material adverse affect on the overall traffic circulation of the parking area.

4.3.13.3 Noise abatement. The noise emanating from any freestanding ice vending machine shall not exceed 88 decibels measured ten feet from the machine.

4.3.13.4 Size. Any freestanding ice vending machine shall not exceed 112 square feet in surface area and eleven (11) feet in height.

4.3.13.5 Signage. One wall sign is permitted for each side of the freestanding ice vending machine that is visible from common travel ways, both pedestrian and vehicular. However, the size of each wall sign shall be one square foot for every linear foot of the side of the building on which the sign is to be placed, not to exceed 15 square feet.

4.3.14 Public art murals.

4.3.14.1 [Permit required.] A Permit is required for any public art mural that meets the design standards. The following information is required:

a.

A development permit application, completed and signed by the property owner.

b.

A conceptual sketch of the proposed public art mural, with the dimensions.

c.

The color scheme of the public art mural.

d.

Material or medium to be utilized.

4.3.14.2 Permitted public art murals. Public art murals that meet all of the following criteria and which are not prohibited will be allowed upon satisfaction of the applicable permit requirements.

a.

No part of the mural shall exceed 30 feet in height measured from grade.

b.

The public art mural shall remain in place for a period of two years, except in limited circumstances specified and approved by the PCD director. The applicant shall certify that the applicant agrees to maintain the mural in place for period of two years without alteration. Public funding may require that the public art mural remain for a period of five years.

c.

The mural shall not extend more than six inches from the plane of the wall upon which it is tiled or painted, or to which it is affixed.

d.

The mural shall meet all of the design standards as established by the public art advisory board.

e.

In the Historic district, murals may be allowed on buildings that have been identified as non-contributing structures. These murals shall meet the objective design standards for public art murals.

4.3.14.3 Prohibited murals. The following are prohibited:

a.

Murals on residential buildings with fewer than five dwelling units, with the exception of residential buildings in the Village of the Arts or Antique Overlay districts.

b.

Murals on historic or conservation landmarks.

c.

Murals on buildings that have been identified as contributing structures to a historic or conservation district.

d.

Murals in a public right-of-way.

e.

Murals for which compensation is given or received for the display of the mural or for the right to place the mural on another's property. The property owner shall certify in the permit application that no compensation will be received for the display of the mural or the right to place the mural on the property.

f.

Murals which would result in a property becoming out of compliance with the provisions of these land use regulations, or land use conditions of approval for the development on which the mural is to be located.

Structures, lots and uses of land lawfully in existence prior to the effective date of these LURs but not in compliance with all of the provisions of these LURs are considered non-conforming. Such structures and uses may remain, subject to the following regulations:

4.4.1 Structure. A non-conforming structure shall not be enlarged, replaced or altered in a way which increases its non-conformity.

With the exception of single-family houses, a non-conforming structure shall not be restored if damaged by fire, storm, neglect, or other means, more than 50 percent of its assessed value as established by the property appraiser or replacement cost as established by a licensed, certified appraiser, whichever is highest at the time of damage, except in conformance with these LURs.

4.4.2 Use. A non-conforming use shall not be changed to another non-conforming use and shall not be re-established after being discontinued for a period of one year.

With the exception of single family houses, a non-conforming use shall not be re-established if the building in which the non-conforming use is carried out is damaged by fire, storm, neglect or other means, more than 50 percent of its assessed value as established by the property appraiser or replacement cost as established by a licensed, certified appraiser, whichever is highest at the time of damage.

4.4.3 Expansion. A structure containing a non-conforming use shall not be expanded or extended unless it is a residential building and is expanded in conformity with the yard setback requirements of the residential zoning districts (see schedule 3.2.2.1) or is expanded under a lawfully existing roofline. A non-conforming structure shall not be expanded except in conformance with these LURs, except that a residential structure may be expanded under a lawfully existing roofline.

4.4.4 Lot of record. A non-conforming lot of record (as defined in these LURs) which is not adjoined by property under the same ownership may be developed following the granting of an administrative dimensional variance (see section 2.2.9).

4.4.4.1 No lot and/or parcel, even though it may consist of one or more adjacent lots of record, shall be reduced in area so that lot area, yards, width, or other dimensional and area regulations of these LURs are not maintained. This provision shall not apply when a portion of a lot is taken for public purpose.

4.4.4.2 Proposed structures for which zoning permits have been issued prior to their designation as non-conforming by the adoption or amendment of these LURs may be completed and used as originally intended, provided they are completed and in use one year after the date the permit was issued.

4.4.5 Newsracks/modular newsracks. Owners or persons entitled to possession of any non-conforming newsrack/modular newsrack shall, within 45 days of its becoming non-conforming, comply with the standards contained in section 4.3.7.7.

4.4.6 Junk yards. Existing junk yards as defined and differentiated from recycling centers herein shall be eliminated within five years of the effective date of these LURs unless they are approved as recycling centers as provided for in these LURs.