Bunnell City Zoning Code

ARTICLE IV

DISTRICT REGULATIONS

Sec. 34-106. - AG&S Agricultural and silviculture district.

(a)

Purpose and intent. The purpose of this district is to permit a range of agricultural and/or silvicultural uses and to accommodate very low density residential development at a concentration of one dwelling unit per five acres. The intent of this district is to support and enhance the agricultural character and lifestyle of existing low density areas while encouraging the continuation of agricultural and silvicultural activities as a primary use in the rural area of the city, and to promote the protection of natural resources and wildlife habitat.

(b)

Permitted principal and accessory uses and structures:

(1)

Single-family residences, mobile and modular homes, and accessory uses;

(2)

Agricultural and silvicultural uses;

(3)

Nurseries, wholesale and retail;

(4)

Greenhouses;

(5)

Churches and their accessory uses;

(6)

Country clubs, hunting clubs, hunting areas, shooting ranges, golf courses;

(7)

Passive and active recreation facilities;

(8)

Public and private schools;

(9)

Farmers markets;

(10)

Equestrian facilities including riding academies, riding stables/grounds, boarding, and dude ranches;

(11)

Energy solution facilities;

(12)

Special care housing;

(13)

Public facilities;

(14)

Historic sites and museums;

(15)

Animal shelters, and kennels;

(16)

Veterinarian offices with or without boarding;

(17)

Participation in the rural preservation program including clustered conservation developments and rural nodes in accordance with the City of Bunnell Comprehensive Plan policies;

(18)

Rural subdivisions as outlined in the supplemental regulations;

(19)

Home occupations;

(20)

Farm machinery, manufacturers, and repair;

(21)

Machine shops, welding or soldering shops;

(22)

Sawmills, lumberyards, hardware and building supplies retail and wholesale sales;

(23)

Cemeteries subject to the following criteria:

The property must abut and be granted access from a public road.

The cemetery shall be buffered from adjacent properties by natural vegetation or shrubs a minimum of four feet high.

All structures shall be setback 50 feet from all property lines.

(24)

Animal or wildlife rescues or sanctuaries;

(25)

Accessory dwellings (e.g., guest houses, caretaker's quarters, security stations, etc.) subject to the following criteria:

Accessory dwellings shall remain accessory to and under the same ownership as the principal dwelling.

(26)

Seasonal farm worker housing;

(27)

Family homesteads as outlined in the supplemental regulations;

(28)

Daycares;

(29)

Grain blending and packaging;

(30)

Cold storage and frozen lockers, freezing, packaging, and distribution;

(31)

Agriculture related wholesale sales and distribution, product processing, storage, including packaging food products and fruit and vegetable handlers and processors, feed and seed products for distribution, and fertilizer facilities beyond that required for normal day to day agricultural operations; and

(32)

All permitted uses allowed in the Agriculture (Ag) zoning district.

(c)

Permitted special exceptions:

(1)

Mining, excavation and fill operations over four acres [under four acres normally exempt from the SJRWMD regulations as of this date adopting Ordinance 2012-03 not included as a special exception]; and

(2)

Junkyards meeting the minimum requirements listed below:

The materials or vehicles are visually screened from roadways and neighboring properties by a solid fence of six-foot in height or thick vegetation buffer.

Materials or stacked vehicles greater than six feet in height shall be setback from all property lines a minimum often feet.

Materials or stacked vehicles shall not exceed 15 feet in height.

Junkyards shall not be visible from US1, State Road 100, or State Road 11; and

The special exception must be reviewed by the city commission at an advertised public hearing to evaluate its compatibility with the surrounding area.

(3)

Any uses by special exception in the Agriculture (AG) zoning district that are not listed within this section;

(4)

Solid waste management facilities subject to meeting the following minimum criteria:

Solid waste management facilities shall apply for a city facility operating permit and meet the necessary requirement pursuant to chapter 50 in the Code of Ordinances, and, upon issuance, maintain an active facility operating permit.

A scale for weighing material delivered to the site may be required as determined through the city facility operating permit process.

Restroom facilities shall be provided for employees and patrons connected to well and septic, unless potable water and sanitary sewer services become available, at which time the site shall be required to connect to such services.

Solid waste management facilities must abide by all other sections in chapter 50 of the Code of Ordinances.

Hazardous waste and medical waste transfer facilities must also be approved by the city commission.

(5)

Other uses and structures not listed above that with certain restrictions can be compatible uses with other uses in the district as approved by the planning, zoning and appeals board.

(d)

Area regulations for single-family residences within the AG&S district shall be as follows:

(1)

Minimum lot size. Five acres.

(2)

Minimum lot width. 200 feet.

(3)

Maximum lot coverage. 35 percent for all principal and accessory buildings.

(4)

Building setbacks. These are considered minimum setbacks, but may be increased if appropriate to prevent interference with agricultural operations and appropriate buffers.

Front yard. There shall be a front yard of not less than 25 feet measured from the front property line to the front building line.

Rear yard.

There shall be a rear yard of all main buildings of not less than 20 feet from the rear building line to the rear lot line.

Accessory buildings, such as garages, shall have a rear yard of not less than ten feet, measured from the rear building line of such garage or accessory building to the rear lot line.

(e)

Area regulations for commercial uses within the AG&S district shall be as follows:

(1)

Minimum lot size. Half acre.

(2)

Minimum lot width. None.

(3)

Maximum lot coverage. 40 percent for all principal and accessory buildings.

(4)

Building setbacks.

Front yard. There shall be a front yard of not less than 25 feet measured from the property line to the front building line.

Side yard.

There shall be a side yard of not less than ten feet.

When a commercially used lot in the AG&S district abuts a residential use there shall be a 30-foot buffer area on the commercial property.

Rear yard.

There shall be a rear yard of not less than ten feet.

Where a commercially used lot in the AG&S district abuts a residential use there shall be a 30-foot buffer area on the commercial property.

(f)

Height regulations. No main building or towers (except agricultural structures) associated with residential buildings and/or accessory structures shall exceed 35 feet in height. No buildings or towers (except agricultural structures) associated with commercial use shall exceed 50 feet in height; except wireless communication facilities per section 34-271.

(g)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

Buffers. Residential developments abutting bona-fide agricultural uses shall be buffered to minimize visual, odor and noise impacts customarily associated with agricultural operations. Buffers must be located on the residential parcel. Buffers may vary in width but shall not be less than 50 feet wide at their narrowest point. Buffers shall incorporate any combination of fencing and landscape material necessary to create an opaque barrier with a minimum height of sic feet above the grade of the residential structure. In multi-phased developments, where agricultural use on a phase(s) is projected to continue until that/those phase(s) is/are developed, temporary buffers shall be required. Since the type/intensity of the abutting agricultural use may vary, so will the appropriate type of temporary buffer. Temporary buffers are subject to the review and approval of the PZA board and certificates of occupancy may not be issued until such temporary buffers are in place. The PZA board may establish a time limit on the use of temporary buffers after which the buffers must meet the permanent buffer requirements. The PZA board shall review buffers and barriers associated with rural preservation developments as part of the specific project application. Buffers must be designed with a minimum of a 50-foot clear visibility zone at ingress and egress points.

(Ord. No. 2012-03, § 2, 3-12-12; Ord. No. 2024-19, § 3, 10-28-24)

Sec. 34-107. - AG Agricultural district.

(a)

Purpose and intent. The purpose of this district is to permit a range of agricultural and/or agricultural related uses in designated areas and to accommodate low density residential development at a maximum concentration of one dwelling unit per acre. The intent of this district is to preserve and enhance an agricultural lifestyle while facilitating orderly and sustainable development.

(b)

Permitted principal and accessory uses and structures. Within the agricultural district, no building, structure or land shall be used except for one or more of the following uses:

(1)

Agricultural uses;

(2)

Silviculture uses;

(3)

Ornamental horticulture, floriculture and nursery products, wholesale and retail;

(4)

Livestock;

(5)

Equestrian facilities including riding academies, riding stables/grounds, and boarding facilities;

(6)

Single-family residences, mobile and modular homes, and accessory uses;

(7)

Country clubs;

(8)

Passive and active recreational uses;

(9)

Hunting clubs and hunting areas, and shooting ranges;

(10)

Special care housing;

(11)

Churches and their accessory uses;

(12)

Energy solution facilities;

(13)

Farmer's market;

(14)

Public/private educational facilities;

(15)

Home occupations;

(16)

Family homesteads, as outlined in the supplemental regulations;

(17)

Rural subdivisions, as outlined in the supplemental regulations; and

(18)

Other similar and/or compatible uses and structures not listed above that are determined to be compatible with the scope of the district.

(c)

Permitted special exception. Permitted special exceptions in the AG district shall be as follows:

(1)

Cemeteries:

The property should abut and be granted access from a public road.

The cemetery shall be buffered from adjacent properties by natural vegetation or shrubs a minimum of four feet high.

All structures shall be setback 50 feet from all property lines.

(2)

Veterinarian offices, animal shelters, pet rescues, animal hospitals and kennels;

(3)

Seasonal farm worker housing;

(4)

Public/Private utility structures;

(5)

Solid waste management facilities subject to meeting the following minimum criteria:

Solid waste management facilities shall apply for a city facility operating permit and meet the necessary requirements pursuant to chapter 50 in the Code of Ordinances, and, upon issuance, maintain an active facility operating permit.

A scale for weighing material delivered to the site may be required as determined through the city facility operating permit process.

Solid waste management facilities must abide by all other sections in chapter 50 of the Code of Ordinances.

Hazardous waste and medical waste transfer facilities must also be approved by the city commission.

(6)

Other uses and structures not listed above that with certain restrictions can be compatible uses with other uses in the district as approved by the planning, zoning and appeals board.

(d)

Area regulations. Area regulations within the AG district for single-family residential residences shall be as follows:

(1)

Minimum lot size. One acre.

(2)

Minimum lot width. 100 feet.

(3)

Maximum lot coverage.

Residential dwellings and buildings accessory thereto shall cover not more than 50 percent of the lot area.

All other main and accessory buildings, shall cover not more than 50 percent of the lot area.

(4)

Building setbacks:

Front yard. There shall be a front yard of not less than 25 feet measured from the front property line to the front building line.

Rear yard.

There shall be a rear yard of all main buildings of not less than 20 feet from the rear building line to the rear lot line.

Accessory buildings, such as garages, shall have a rear yard of not less than ten feet, measured from the rear building line of such garage or accessory building to the rear lot line.

(e)

Building site area regulations. The residential density of the AG district is one dwelling unit per gross acre. If a portion of the parcel is intended to remain in agricultural use for perpetuity, and that portion of the parcel is placed in an agricultural easement, a density transfer of one unit per one acre of land within the agricultural easement is permitted. If as a result of agricultural easement density transfer, the net density of the residential development exceeds two dwelling units per net acre, these developments shall require the provision of central water and wastewater services. In no event shall the minimum building site area be less than 10,000 square feet nor have a lot width of less than 80 feet at the front of the building line.

(f)

Height regulations. No main building or towers (except agricultural structures) associated with residential buildings and/or accessory structures shall exceed 35 feet in height to the bottom of the third story windows, as applicable or as defined; except wireless communication facilities per Chapter 34-271.

(g)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

Buffers. Residential uses abutting bona-fide agricultural uses shall be buffered to minimize visual, odor and noise impacts customarily associated with agricultural operations. Buffers must be located on the property proposing new construction, a change of use or a PUD. Buffers may vary in width but must not be less than 30 feet wide at their narrowest point. Buffers shall incorporate any combination of fencing and landscape material or native vegetation necessary to create an opaque barrier with a minimum height of six feet above the grade of the nearest residential structure. In multi-phased developments, where agricultural use on a phase(s) is projected to continue until that/those phase(s) is/are developed, temporary buffers shall be required. Since the type/intensity of the abutting agricultural use may vary, so will the appropriate type of temporary buffer. Temporary buffers are subject to the review and approval of the planning, zoning and appeals board and certificates of occupancy shall not be issued until such temporary buffers are in place. The planning, zoning and appeals board may establish a time limit on the use of temporary buffers after which the buffers must meet the permanent buffer requirements above. Buffers must be designed with a minimum of a 50-foot clear visibility zone at ingress and egress points.

(Ord. No. 2006-13, Pt. B, 4-18-06; Ord. No. 2012-10, § 1, 4-23-12; Ord. No. 2024-15, § 3, 9-9-24; Ord. No. 2024-19, § 3, 10-28-24)

Editor's note— Section 1 of Ord. No. 2012-10, adopted April 23, 2012, amended and renumbered former § 34-108 as a new § 34-107.

Sec. 34-108. - ACI Agricultural community industrial district.

(a)

Purpose and intent. The purpose of this district is to permit industrial uses that are compatible with and serve the agricultural and rural communities. This district is intended to allow industrial uses of land to support economic development. This district is also intended to capture trips to minimize impact on the area's road system while not destabilizing activities and businesses in the existing industrial districts of downtown Bunnell.

(b)

Permitted principal uses and structures:

(1)

All permitted uses allowed in the agriculture and silviculture (AG&S) zoning district;

(2)

Blacksmith shops;

(3)

Iron, ornamentation manufacturing;

(4)

Sheetmetal products manufacturing;

(5)

Planing and millwork manufacturers;

(6)

Culvert manufacturing, concrete forming and fabrication operations;

(7)

Energy solution facilities;

(8)

Hardware and building supply retail and wholesale stores, and distributors;

(9)

Industrial and agricultural equipment, sales and repair;

(10)

Exterminating office, storage and garage facilities;

(11)

Construction contractors, yards and related activities including outside storage;

(12)

Flex office/warehouse facilities, including outside storage;

(13)

Heavy truck sales, rental, storage or service establishments (not including salvage or junkyards);

(14)

Light manufacturing and manufacturing, including activities involving the fabricating, assembly or modification of parts, which have been manufactured off-site to make a complete product;

(15)

Other wholesale commercial activities and wholesale houses and distributors; and

(16)

Other similar and/or compatible uses and structures not listed above that are determined to be compatible with the scope of the district.

(c)

Permitted special exceptions:

(1)

Trade schools;

(2)

Mobile and modular home sales;

(3)

Junkyards meeting the minimum requirements listed below:

The materials or vehicles are visually screened from roadways and neighboring properties by a solid fence of six-foot in height or thick vegetation buffer.

Materials or stacked vehicles greater than six feet in height shall be setback from all property lines a minimum often feet.

Materials or stacked vehicles shall not exceed 15 feet in height.

Junkyards shall not be visible form US1, State Road 100, or State Road 11.

(4)

Mining, excavation and fill operations;

(5)

On-site caretaker's quarters, security stations;

(6)

Landfills, of which the special exception must be approved by the city commission at an advertised public hearing to evaluate its compatibility with the surrounding area;

(7)

Any uses by special exception in the agriculture and silviculture (AG&S) zoning district that are not listed within this section;

(8)

All permitted uses allowed in the light industrial (L-1) zoning district; and

(9)

Solid waste management facilities subject to meeting the following minimum criteria:

A scale for weighing material delivered to the site may be required as determined through the city facility operating permit process.

Solid waste management facilities must abide by all other sections in chapter 50 of the Code of Ordinances.

Hazardous waste and medical waste transfer facilities must also be approved by the city commission.

(10)

Other uses and structures not listed above that with certain restrictions can be compatible uses with other uses in the district as approved by the planning, zoning and appeals board.

(d)

Performance standards. Every commercial or industrial use conducted within the ACI district shall be so operated as to comply with the following minimum performance standards set forth below, and shall be so constructed, maintained and operated so as not to be injurious or offensive to the occupants of adjacent premises by reason of emission or creation of noise, vibration, smoke, dust, or other particulate matter, toxic or noxious waste material, odors, fire, and explosive hazard or glare. The purpose of such standards is to permit the potential industrial nuisances to be measured factually and objectively to ensure all industries will provide methods to protect the community from hazards and nuisances which can be prevented by processes of control and nuisance elimination; and to protect industries from arbitrary exclusion or persecution based solely on the nuisance production by any particular type of industry in the past.

(1)

Noise. Every use shall be operated in compliance with the noise regulations specified in sections 26-196 through 26-203 in the City of Bunnell Code of Ordinances.

(2)

Vibration. Every use shall be so operated that ground vibration inherent and recurrently generated is not perceptible, without instruments, at any point on the property line of the property on which the use is located.

(3)

Smoke. No smoke shall be emitted greater than number 1 on the Ringelmann Smoke Chart.

(4)

Dust, dirt and other particulate matter. Every use (except agricultural uses) shall be so operated as to prevent the emission into the air of dust or other solid matter which may cause damage to property or discomfort to persons or animals at or beyond the lot line of the property on which the use is located.

(5)

Industrial wastes. There shall be no discharge at any point of liquid or solid wastes into any public sewage disposal system which will overload such system or create detrimental effects on the flow and treatment of public sewage, pursuant to sections 66-226 through 66-228 of the City of Bunnell Code of Ordinances. There shall be no discharge of any industrial wastes into any private sewage disposal system, stream, or into the ground of any kind or nature which may contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements or solid wastes conducive to the breeding of rodents or insects.

(6)

Odor. Every use (except agricultural uses) shall be so operated as to prevent the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located, as per subsection 34-118(d)(6)a—i.

(7)

Fire and explosion hazard. The storage, use, or manufacture of flammable, combustible, or explosive materials may be done only where adequate safety devices against the hazards of fire and explosion are provided, including adequate fire fighting and fire suppression equipment, and where the storage, use, or manufacture of such materials complies with the Florida Fire Prevention Code, Life Safety Code, National Fire Protection Association Codes and Standards, Florida Building Code, Title 4A, Florida Administrative Code, as amended, and all other applicable codes.

(8)

Heat, cold, dampness, and movement of air. Activities which would produce any effect on the temperature by more than five degrees Fahrenheit, motion, or humidity of the atmosphere beyond the lot line shall not be permitted.

(9)

Electromagnetic interference. No use, activity, or process shall be conducted which produces electric and/or magnetic fields interference with normal radio, telephone, or television reception or the operation of any other equipment from off the premises where the activity is conducted.

(10)

Radiation and radioactive materials. The handling of radioactive materials, discharge of such materials into air or water, and disposal of radioactive waste shall comply with the regulations set forth in Chapter 10D-91, Florida Administrative Code, as amended.

(11)

Hazardous materials. If the proposed uses or tenants of the project are known to use and/or store hazardous materials (including hazardous wastes) on-site, the project shall be designed to comply with all fire and building codes for the hazardous materials use and adequate precautions shall be taken to protect against negative off-site impacts of a hazardous materials release, using best available technology. A hazardous materials impact analysis, conforming to the requirements of the City of Bunnell Fire Inspector, shall be required to determine potential off-site impacts and required mitigation precautions.

(12)

Light and glare. Exterior lighting, except for overhead street-lighting and warning, emergency or traffic signals, shall be installed in such a manner that the light source will be sufficiently obscured to prevent glare on public streets and walkways or into any residential area. The installation or assembly of any lighting which may be confused with warning signals, emergency signals or traffic signals shall be unlawful. Additionally, any operation producing intense glare or heat shall be conducted within an enclosed building or with other effective screening in such a manner as to make such glare or heat completely imperceptible from any point along the property line.

(e)

Area regulations. Area regulations within the ACI district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 30 feet measured from the property line to the front building line.

(2)

Side yard.

There shall be a side yard of not less than ten feet. Lots whose side lot lines are intersecting streets shall have a 20-foot side yard.

When a lot in the ACI industrial district abuts a residential use there shall be a side yard of not less than 30 feet on the industrially designated property.

When a lot in the ACI industrial district abuts a railroad right-of-way no side yard is required.

(3)

Rear yard.

There shall be a rear yard of not less than ten feet except where the rear lot line is a railroad right-of-way and, in that case, no rear yard is required.

Lots which abut a residential use shall provide a rear yard of at least 20 feet, and shall include a buffer of an opaque fence at least six feet in height.

(4)

Maximum lot coverage. Main and accessory buildings shall cover no more than 65 percent of the total lot area.

(5)

Building site area regulations. The minimum lot or building site area shall be 15,000 square feet and have a width of not less than 100 feet measured at the front of the building line.

(f)

Height regulations. No main building or towers (except agricultural structures) associated with commercial or industrial buildings shall exceed 50 feet in height; except wireless communication facilities per Chapter 34-271.

(g)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

Buffers. Residential uses abutting industrial uses shall be buffered to minimize visual, odor and noise impacts customarily associated with industrial operations. Buffers must be located on the property proposing new construction, a change of use or a PUD. Buffers may vary in width but must not be less than 30 feet wide at their narrowest point. Buffers shall incorporate any combination of fencing and landscape material or native vegetation necessary to create an opaque barrier with a minimum height of six feet above the grade of the nearest residential structure. In multi-phased developments, where an industrial use on a phase(s) is projected to continue until that/those phase(s) is/are developed, temporary buffers shall be required. Since the type/intensity of the abutting industrial use may vary, so will the appropriate type of temporary buffer. Temporary buffers are subject to the review and approval of the planning, zoning and appeals board and certificates of occupancy may not be issued until such temporary buffers are in place. The planning, zoning and appeals board may establish a time limit on the use of temporary buffers after which the buffers must meet the permanent buffer requirements above. Buffers must be designed with a minimum of a 50-foot clear visibility zone at ingress and egress points.

(i)

Design regulations. Design regulations for any building located on a parcel adjacent to SR100, US1 or SR11 must be consistent with the design guidelines outlined in subsection 34-118(h) of the Land Development Code.

(Ord. No. 2012-10, § 1, 4-23-12; Ord. No. 2024-19, § 3, 10-28-24)

Sec. 34-109. - ACC Agricultural community commercial district.

(a)

Purpose and intent. The purpose of this district is to permit limited commercial uses to serve the agricultural community. This district is intended to provide neighborhood-scaled commercial uses to serve the agricultural community and the residents who live in the outlying areas of the City of Bunnell. This district is also intended to capture trips to minimize impact on the area's road system while not destabilizing activities and businesses in the existing business districts of downtown Bunnell. Architectural design guidelines are intended to capture an old Florida ambiance that will draw on the history of the area and set new standards for the city.

(b)

Permitted principal and accessory uses and structures. Within the agricultural community commercial district, no building, structure or land shall be used except for one or more of the following uses:

(1)

Convenience stores with or without gas pumps;

(2)

Feed stores, supply stores, hardware stores;

(3)

Farmer's market and/or co-op;

(4)

Ornamental horticulture, floriculture and nursery products, wholesale and retail;

(5)

Other commercial establishments that support agriculture;

(6)

Churches, and their accessory uses;

(7)

Hunting clubs and hunting areas and shooting ranges;

(8)

Public/private elementary, middle and high schools;

(9)

Daycares;

(10)

Restaurants under 50 seats;

(11)

Commercial and professional offices, including medical and dental offices;

(12)

Active and passive recreational uses;

(13)

Public/private utility facilities; and

(14)

Other similar and/or compatible uses and structures not listed above that are determined to be compatible with the scope of the district.

(c)

Permitted special exception. Permitted special exceptions in the ACC district shall be as follows:

(1)

Residential dwellings, mobile and modular homes, and accessory uses;

(2)

Residential dwellings accessory to commercial uses;

(3)

Kennels and veterinarian offices with or without boarding and with or without accessory residences;

(4)

Other uses and structures not listed above that with certain restrictions can be compatible uses with other uses in the district as approved by the planning, zoning, and appeals board.

(d)

Prohibited uses. The following principal and accessory uses are prohibited within the ACC agricultural community commercial district:

(1)

Solid waste management facilities.

(e)

Area regulations. Area regulations within the ACC district for single-family residential residences shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 25 feet measured from the front property line to the front building line.

(2)

Side yard. There shall be a side yard of not less than ten feet for all residential and accessory buildings. All other permitted buildings shall have a side yard of not less than 15 feet with an additional five feet per story above first story. In the case of corner lots, no building and no addition to a building shall be erected or placed nearer than 20 feet to the side street line of any such lot.

(3)

Rear yard.

There shall be a rear yard of all main buildings of not less than ten feet from the rear building line to the rear lot line.

Accessory buildings, such as garages, shall have a rear yard of not less than ten feet, measured from the rear building line of such garage or accessory building to the rear lot line.

(4)

Building site area regulations. The maximum residential density of the ACC district is one dwelling unit per gross acre. The maximum floor area ratio of commercial structures is .40.

(5)

Maximum lot coverage.

Residential dwellings and buildings accessory thereto shall cover not more than 50 percent of the lot area. Commercial structures shall not cover more than 50 percent of the lot area.

All other main and accessory buildings, shall cover not more than 50 percent of the lot area.

(f)

Height regulations. No main building or towers (except agricultural structures) associated with commercial and/or residential buildings and/or accessory structures associated with such uses, shall exceed 35 feet in height to the bottom of the third story windows, as applicable or as defined. There is no height limitation for commercial structures whose primary function is to support agricultural production, i.e., packing houses; except wireless communication facilities per Chapter 34-271.

(g)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

Design guidelines. Commercial structures and associated residential dwelling units within the ACC district shall be designed to be compatible with an old Florida rural appearance. Structures, to the greatest extent possible, shall incorporate such architectural treatments as porches, colonial style windows, lap siding and metal roofs, including simulated cedar shake and slate. Other architectural treatments that capture the look and style of old Florida are encouraged, i.e., cupolas, wind vanes, etc. Paved areas shall be minimized with the exception of handicapped parking, parking for pump islands and loading areas. Pump islands are required to have mansard style roofs with the same roofing material used on the main building(s). In addition to the site plan, building elevations, colors and materials are subject to approval of the planning, zoning and appeals board. All architectural treatments shall be both storm and fire resistant, consistent with applicable building/fire codes.

(Ord. No. 2006-13, Pt. B, 4-18-06; Ord. No. 2012-10, § 1, 4-23-12; Ord. No. 2024-19, § 3, 10-28-24)

Sec. 34-110. - RE Rural estate district.

(a)

Purpose and intent. The purpose of this district is to allow the development of large lot single-family estates with a minimum lot size of one acre. Lots may be clustered in this district, resulting in lot sizes less than one acre, provided the gross density of the development does not exceed one dwelling unit per acre and lots are clustered internally to provide a maximum separation between the residential units and abutting incompatible land uses. This district is intended to serve as a transitional land use between agricultural and urban residential uses.

(b)

Permitted principal and accessory uses and structures. Within the rural estate district, no building, structure or land shall be used except for one or more of the following uses:

(1)

Single-family residences and customary accessory uses;

(2)

Churches and country clubs;

(3)

Active and passive recreational uses;

(4)

Public/private elementary, middle and high schools;

(5)

Public/private utility facilities and structures; and

(6)

Other similar and/or compatible uses and structures not listed above that are determined to be compatible with the scope of the district.

(c)

Permitted special exception. Permitted special exceptions in the RE district shall be as follows:

(1)

Cemeteries.

The property should abut and be granted access from a public road.

The cemetery shall be buffered from adjacent properties by natural vegetation or shrubs a minimum of four feet high.

All structures shall be setback 50 feet from all property lines.

(2)

Equestrian facilities and structures and/or common facilities to serve neighborhoods;

(3)

Other uses and structures not listed above that with certain restrictions can be compatible uses with other uses in the district as approved by the planning, zoning, and appeals board.

(d)

Area regulations. Area regulations within the RE district for single-family residential residences shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 25 feet measured from the front property line to the front building line.

(2)

(3)

Rear yard.

There shall be a rear yard of all main buildings of not less than 20 feet from the rear building line to the rear lot line.

Accessory buildings, such as garages, shall have a rear yard of not less than ten feet, measured from the rear building line of such garage or accessory building to the rear lot line.

(4)

Building site area regulations. The residential density of the RE district is one dwelling unit per gross acre. RE district parcels that are proposed for residential development may include jurisdictional wetlands. A density transfer of one dwelling unit per one acre of wetland to the upland portion of the parcel is permitted provided that the wetland is placed in a conservation easement to insure the perpetual preservation/protection of the wetland. If as a result of a wetland easement density transfer, the net density of the residential development exceeds two dwelling units per net acre, these developments shall require the provision of central water and wastewater services. In no event shall the minimum building site area be less than 10,000 square feet nor have a lot width of less than 80 feet at the front of the building line.

(5)

Maximum lot coverage.

Dwellings and buildings accessory thereto shall cover not more than 50 percent of the lot area.

All other main and accessory buildings, shall cover not more than 50 percent of the lot area.

(d)

Height regulations. No main building or towers associated with residential buildings and/or accessory structures shall exceed 35 feet in height to the bottom of the third story windows, as applicable or as defined.

(e)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(Ord. No. 2006-13, Pt. B, 4-18-06; Ord. No. 2012-10, § 1, 4-23-12)

Sec. 34-111. - R-1 Single-family residential district.

(a)

Purpose and intent. The purpose of this district is to provide for single-family residential areas of low density. This district is intended to encourage low density development where high density development would be detrimental to the community and to discourage activities not compatible with single-family residential development. This district is compatible with the single-family low density land use category, and is intended to encourage healthy and vibrant residential neighborhoods.

(b)

Permitted principal and accessory uses and structures. Within the R-1 Single-family residential district, no building, structure or land shall be used except for one or more of the following uses:

(1)

Single-family dwellings, including modular homes, and any customary single-family accessory buildings;

(2)

Public library, post office, and other government recreation or public and institutional uses provided they do not conflict with state law;

(3)

Parks, swimming pools, playgrounds and conservation areas;

(4)

Home daycare facilities in accordance with state law and schools excluding institutions of higher learning;

(5)

Special care housing with a maximum of six residents.

(c)

Permitted special exception. Permitted special exceptions in the R-1 district shall be as follows:

(1)

Churches and related activities pursuant to article V, division 3 of this Code;

(2)

Golf courses and related club house facilities;

(3)

Daycare centers;

(4)

Other uses not listed above that may be compatible with and compliment the permitted uses of the district as approved by the planning, zoning, and appeals board.

(d)

Area regulations. Area regulations within the R-1 Single-family residential district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 25 feet measured from the property line to the front building line.

(2)

Side yard. There shall be a side yard of not less than ten feet for all residential and accessory buildings. All other permitted buildings shall have a side yard of not less than 20 feet. In the case of corner lots, all other permitted buildings and no addition to any building shall be erected or placed nearer than 20 feet to the side street line of any such lot. Residential and accessory uses shall maintain a ten-foot sideyard setback or for nonconforming lots sideyard setbacks shall be ten percent of the lot width measured at the front setback line.

(3)

Rear yard.

There shall be a rear yard for all main buildings of not less than 20 feet measured from the rear building line to the rear lot line.

Accessory buildings, such as garages, shall have a rear yard of not less than ten feet, measured from the rear building line of such garage or accessory building to the rear lot line, if the accessory building is detached and ten feet is maintained between the accessory building and main building. If the accessory building is attached to the main building or ten feet cannot be maintained between the buildings then the rear yard setback shall be at least 20 feet.

(4)

Building site area regulations. The minimum lot or building site area shall be 10,000 square feet and have a width of not less than 100 feet, measured at the front of the building line. Residential density is limited to four units per acre.

(5)

Maximum lot coverage.

Dwellings and buildings accessory thereto shall cover not more than 50 percent of the lot area.

All other main and accessory buildings, shall cover not more than 50 percent of the lot area.

(e)

Height regulations. No building shall exceed 35 feet in height.

(f)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(LDC 1991, ch. 4, art. X, § I; Ord. No. 2005-22, Pt. A, 6-21-05; Ord. No. 2012-26, § 2, 10-22-12)

Sec. 34-112. - R-2 Multiple-family residential district.

(a)

Purpose and intent. The purpose of this district is to provide for medium population density. The intent of this district is to create and maintain a diverse medium density residential character, but to restrict dense forms of traditional multi-family dwellings. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air, and useable open space for dwellings and related facilities and through consideration of the proper functional relationship to each use permitted in this district. This district is compatible with the single-family medium density land use category, and is intended to encourage healthy and vibrant residential neighborhoods.

(b)

Permitted principal and accessory uses and structures. Within any R-2 Multiple-family residential district, no building, structure, or land shall be used except for one or more of the following uses:

(1)

Any use permitted in the R-1 Single-family residential district;

(2)

Multiple-family dwelling structures;

(3)

Mobile home parks as regulated in article VI of this chapter;

(4)

Daycare centers;

(c)

Permitted special exception. Permitted special exceptions in the R-2 district shall be as follows:

(1)

Churches and related activities pursuant to article V, division 3 of this chapter; and

(2)

Boarding houses, rooming houses, lodging houses or dormitories provided that:

Rentals are made on a monthly, semi-annual, or annual basis. No hourly, daily, or weekly rentals permitted.

All rooms must be accessible from a single building entrance.

All shared facilities (i.e., bathrooms, laundry room, kitchen) must be internally accessible from all rooms.

There shall be no less than one bathroom containing a toilet, sink, and shower/tub provided per every four rooms.

(3)

Bed and breakfast inns;

(4)

Convenience stores without gas pumps.

(5)

Other uses not listed above that may be compatible with and compliment the permitted uses of the district as approved by the planning, zoning, and appeals board.

(d)

Area regulations.

(1)

Front yard. There shall be a front yard of at least 15 feet measured from the front property line to the front building line.

(2)

Side yard. There shall be a side yard of not less than ten feet for all residential and accessory buildings. All other permitted buildings shall have a side yard of not less than 20 feet. In the case of corner lots, no building, and no addition to any building shall be erected or placed nearer than 20 feet to the side street line of any such lot. Residential and accessory uses shall maintain a ten feet side yard setback or for nonconforming lots sideyard setbacks shall be ten percent of the lot width measured at the front setback line.

(3)

Rear yard.

There shall be a rear yard for all main buildings of at least ten feet measured from the rear building line to the rear lot line.

Accessory buildings shall have a rear yard of not less than ten feet measured from the rear building line to the rear lot line, if the accessory building is detached and ten feet is maintained between the accessory building and main building. If the accessory building is attached to the main building or ten feet cannot be maintained between the buildings then the rear yard setback shall be at least 20 feet.

(4)

Building site area regulations.

For single-family dwellings, the minimum lot or building site shall be 5,000 square feet and have a width of not less than 50 feet measured at the front building line.

For dwelling structures having an excess of one dwelling unit, the minimum lot or building site shall be 10,000 square feet and not less than 5,000 square feet of lot area shall be added to the site for each dwelling unit in excess of two. Residential density is limited to eight units per acre.

(5)

Maximum lot coverage. Dwellings and buildings accessory thereto shall cover no more than 50 percent of the lot area. All other main and accessory buildings shall cover no more than 50 percent of the lot area.

(e)

Height regulations. No buildings shall exceed 35 feet in height.

(f)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(LDC 1991, ch. 4, art. X, § II; Ord. No. 2005-22, Pt. A, 6-21-05; Ord. No. 2012-26, § 3, 10-22-12)

Sec. 34-113. - R-3 Multiple-family (zero lot line) residential district.

(a)

Scope, purposes and intent. This section applies to the R-3 Multiple-family (zero lot line) residential district. The purpose and intent of the R-3 district is to:

(1)

Permit the construction of relatively high density townhouse type construction and low rise garden apartments on relatively large tracts of land in single or common ownership;

(2)

Require the preparation and approval of detailed site, landscape, traffic, parking and other plans deemed necessary parts of an overall development concept;

(3)

Require a sufficient amount of open space and recreation area to building areas;

(4)

Achieve a desirable aesthetic and functional relationship between buildings, yards, patios, parking areas, common open space, recreation areas and adjacent properties; and

(5)

Provide for a mixture of multi-unit dwellings where that mixture of land use exists or may be proposed. This district is compatible with the single-family medium density land use category.

(b)

Permitted principal uses and structures. In the R-3, zero lot line residential classification, no premises shall be used except for the following uses and their customary or accessory uses or structures:

Note: Zero lot line as defined in the Florida Building Code.

(1)

Single-family standard off-site construction dwelling, (off-site construction dwelling shall mean a dwelling which is not transported by permanent frame);

(2)

Multifamily standard off-site construction (same definition as above);

(3)

Attached single-family dwellings;

(4)

Essential utility services;

(5)

Excavations which comply with the stormwater management ordinance or site plan review procedures of this chapter;

(6)

Park and recreational areas accessory to residential developments.

(c)

Accessory uses. Accessory uses shall be customarily residential permitted uses including but not limited to:

(1)

Carports;

(2)

Garages;

(3)

Laundry rooms;

(4)

Maintenance buildings;

(5)

Recreation buildings;

(6)

Swimming pools;

(7)

Tennis courts.

(d)

Permitted special exception. Permitted special exceptions in the R-3 district shall be as follows:

(1)

Child care centers;

(2)

Excavation only for lakes or stormwater retention ponds;

(3)

Churches and related activities pursuant to article V, division 3 of this chapter.

(4)

Home occupations where the environment of the subdivision is not affected;

(5)

Public or private schools and related educational facilities;

(6)

Public utility stations;

(7)

Other uses not listed above that may be compatible with and compliment the permitted uses of the district as approved by the planning, zoning, and appeals board.

(e)

Dimensional requirements. The following special requirements shall apply in the R-3 district:

(1)

Minimum project size is one acre.

(2)

Maximum project density is eight dwellings per acre of land.

(3)

Maximum dwellings per building is six if the density is six or less dwellings per acre. Maximum dwellings per building is four if the density is eight dwellings per acre.

(4)

Minimum floor area:

600 square feet efficiency unit.

750 square feet one bedroom.

150 square feet each additional bedroom.

35 square feet each additional bathroom.

25 square feet each additional half bathroom.

(5)

Maximum building height: In order to encourage variety in the appearance of building room lines, and provide more usable landscaped area, developers are permitted to design a portion (up to 25 percent) of a multifamily dwelling project to a maximum of three stories with a maximum height of 40 feet. All construction shall comply with the current NFPA requirements as implemented by the appropriate local jurisdictional agency.

(6)

Minimum building separation requirements: The front or rear of adjacent buildings must be 50 feet apart. There must be 25 feet between any other combination of principal building arrangements.

(7)

Building setback requirements: Front, rear and side setbacks shall be designated so that no building is located closer than 30 feet from a public right-of-way. No building shall be located within 25 feet from a private right-of-way. Setback from interior property lines shall be equal to or greater than building height where possible, but shall in no case be less than 25 feet.

(8)

Each dwelling shall have a yard available of 120 square feet adjacent to such dwelling, not to be used for parking.

(9)

Minimum building setback requirements from drives and off-street parking areas is ten feet.

(10)

Project perimeter setback: No structure shall be located within 25 feet of the project's perimeter (outside boundary from property line).

(11)

Off-street parking and loading space shall not be permitted within 15 feet of the lot line, except for direct access drives through the yard. All other city parking regulations shall be supplemental to those set forth herein.

(12)

Parking requirements are 1.5 spaces per dwelling unit plus one space per building owner or manager, if resident at the project.

(13)

Parking spaces shall be a minimum of nine feet by 20 feet (180 square feet), as regulated in article V, division 2, this chapter.

(14)

A minimum six-foot high landscape screen or fence shall be provided along all side and rear lot lines that abut a single-family residential area as shown on the zoning map or land use plan but shall not be required in any front yard or along side or rear lot lines abutting a street, park, stream, lake or golf course and any additional requirements by site plan review.

(15)

Prior to the issuance of a building permit, a final development plan review shall be conducted as set forth in chapter 22.

(f)

Open space and landscaping. Sixty percent of the project site shall be retained as open space. Open space does not include any land area devoted to buildings, sidewalks, interior streets, parking areas or access drives. Open space required in buffer areas and in parking areas shall be landscaped in accordance with the codes of the city. All open space areas shall be developed and landscaped as suitable for active or passive recreational purposes.

(g)

Architecture and environmental quality guidelines. In order to promote architectural and environmental quality within the project, the developer shall utilize the following guidelines in designing the project:

(1)

Maximum possible privacy for each multifamily dwelling unit should be provided through thoughtful design and proper use of building materials and landscaping. Visual privacy for each unit should be provided through structural screening and landscaping. Auditory privacy should be furnished through the use of shockproof and sound-absorbing materials.

(2)

The architectural design of buildings should be developed with consideration given to the relationship of existing adjacent developments in terms of building heights, mass, texture, line and pattern.

(3)

The landscape architecture should be designed to encourage and enhance outdoor living space use.

(4)

Dwelling units should have good circulation, adequate light, heat and ventilation.

(5)

A variety of choices should be provided with a multifamily dwelling project, such as: types and sizes, units, number of rooms, site design, landscaping, grouping of units, location on-site and cost of units.

(h)

Final development plan review. Final site plan approval, meeting the requirements of the city building and zoning department and chapter 22 is required.

(LDC 1991, ch. 4, art. X, § II-A; Ord. No. 2005-22, Pt. A, 6-21-05; Ord. No. 2012-26, § 4, 10-22-12)

Sec. 34-114. - R-3A Multiple-family residential district.

(a)

Scope and general description. This section applies to the R-3A Multiple-family residential district. This is a residential district to provide for medium density residential developments. The principal uses of land may range from single-family low density to multiple-family apartment uses. Certain uses which are more compatible functionally with intensive residential uses than with commercial uses are permitted. Recreational areas are permitted. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air, and useable open space for dwellings and related facilities and through consideration of the functional relationship to each use permitted in this district. No R-3A Multiple-family residential district may be created which contains more than 12 dwelling units per acre. This district is compatible with the multifamily land use category.

(b)

Permitted principal and accessory uses and structures. Within any R-3A Multiple-family residential district, no building, structure, or land shall be used except for one or more of the following uses:

(1)

Any use permitted in the R-1 Single-family residential district.

(2)

Multiple-family dwelling structures.

(3)

Mobile home parks as regulated in article VI of this chapter.

(c)

Permitted special exception. Permitted special exceptions in the R-3A district shall be as follows:

(1)

Churches and related activities pursuant to article V, division 3 of this chapter.

(2)

Rooming and boarding houses as per R-2.

(3)

Housing for the elderly.

(4)

Hotels and motels, 30 units maximum.

(5)

Professional and business offices.

(6)

Neighborhood retail and commercial uses such as, but not limited to, art supplies, photo studios, barber and beauty shops, baked goods, book stores, clothing stores, electronics stores, fine antiques, florists, gift shops, tailors and dressmakers, curio shops, eat-in restaurants, pet supplies and grooming, shoe stores, travel agencies, and upholstery shops.

(7)

Other uses not listed above that may be compatible with and compliment the permitted uses of the district as approved by the planning, zoning, and appeals board.

(d)

Area regulations. Area regulations within the R-3A Multiple-family residential district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 15 feet measured from the front property line to the front building line.

(2)

(3)

Rear yard.

There shall be a rear yard for all main buildings of not less than 20 feet measured from the rear building line to the rear lot line.

Accessory buildings shall have a rear yard of not less than ten feet measured from the rear building line to the rear lot line.

(4)

Building site area regulations.

For single and two-family dwellings, the minimum lot or building site shall be 10,000 square feet and have a width of not less than 100 feet measured at the front building line.

For dwelling structures having an excess of two dwelling units, not less than 7,260 square feet of lot area for the first two units with 3,630 square feet added to the site for each dwelling unit in excess of two.

(5)

Maximum lot coverage. Dwellings and buildings accessory thereto shall cover not more than 50 percent of the lot area.

(e)

Height regulations. No buildings shall exceed 35 feet in height.

(f)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(LDC 1991, ch. 4, art. X, § II-B; Ord. No. 1996-2, § 1, 2-6-96; Ord. No. 2005-22, Pt. A, 6-21-05; Ord. No. 2012-26, § 5, 10-22-12)

Sec. 34-115. - R-3B Multiple-family residential district.

(a)

Scope and general description. This section applies to the R-3B Multiple-family residential district. This is a residential district to provide for high density residential developments. The principal uses of land may range from single-family low density to multiple-family apartment uses. Certain uses which are more compatible functionally with intensive residential uses than with commercial uses are permitted. Recreational areas are permitted. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air, and useable open space for dwellings and related facilities and through consideration of the functional relationship to each use permitted in this district. No R-3B Multiple-family residential district may be created which contains more than 20 dwelling units per acre. This district is compatible with the multifamily land use category.

(b)

Permitted principal and accessory uses and structures. Within any R-3B Multiple-family residential district, no building, structure, or land shall be used except for one or more of the following uses:

(1)

Any use permitted in the R-2 Single-family residential district.

(2)

Multiple-family dwelling structures.

(3)

Mobile home parks as regulated in article VI of this chapter.

(c)

Permitted special exception. Permitted special exceptions in the R-3B district shall be as follows:

(1)

Churches and related activities pursuant to article V, division 3 of this chapter.

(2)

Dry cleaning and laundry establishments.

(3)

Housing for the elderly.

(4)

Hotels and motels, 50 units maximum.

(5)

Professional and business offices.

(6)

Neighborhood retail and commercial uses such as, but not limited to, art supplies, photo studios, barber and beauty shops, baked goods, book stores, clothing stores, electronics stores, fine antiques, florists, gift shops, tailors and dressmakers, curio shops, pet supplies and grooming, shoe stores, travel agencies, and upholstery shops.

(7)

Restaurants and cafes.

(8)

Private club houses not operated for gain.

(9)

Convenience store with gas pumps.

(10)

Other uses not listed above that may be compatible with and compliment the permitted uses of the district as approved by the planning, zoning, and appeals board.

(d)

Area regulations. Area regulations within the R-3B Multiple-family residential district shall be as follows:

(1)

Front yard. There shall be a front yard of at least ten feet measured from the front property line to the front building line.

(2)

Side yard. There shall be a side yard of at least ten feet for all residential and accessory buildings. All other permitted buildings shall have a side yard of at least 20 feet. In the case of corner lots, no building, and no addition to any building shall be erected or placed nearer than 20 feet to the side street line of any such lot.

(3)

Rear yard.

There shall be a rear yard for all main buildings of at least ten feet measured from the rear building line to the rear lot line.

Accessory buildings shall have a rear yard of at least ten feet measured from the rear building line to the rear lot line.

(4)

Building site area regulations.

For single-family dwellings, the minimum lot or building site shall be 5,000 square feet and have a width of not less than 50 feet measured at the front building line.

For dwelling structures having an excess of one dwelling unit, at least 7,260 square feet of lot area for the first two units with 2,000 square feet added to the site for each dwelling unit in excess of two must be provided.

(5)

Maximum lot coverage. Dwellings and buildings accessory thereto shall cover not more than 50 percent of the lot area.

(e)

Height regulations. No buildings shall exceed 35 feet in height.

(f)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(Ord. No. 2012-26, § 6, 10-22-12)

Sec. 34-116. - RMU Residential mixed use district.

(a)

Purpose and intent. The purpose of this district is to encourage well planned, creative developments which utilize a dynamic mix of residential and commercial uses. These may be mixed-uses within buildings or projects, stand alone commercial units or stand alone residential units within a single development or project. The intent of this district is to ensure an efficient use of land by facilitating compact, medium-intensity development which would provide housing, neighborhood scale retail and business, parks and other services within the same project or neighborhood. A mixed-use development should be safe, comfortable and attractive to pedestrians, patrons and residents and should be designed to blend various compatible uses, but should not consist exclusively of one type of unit or use. This district is compatible with the residential mixed-use and multifamily land use categories.

(b)

Permitted principal and accessory uses and structures. Within the RMU district, no building, structure or land shall be used except for one or more of the following uses:

(1)

Multiple-family dwellings, and any customary residential accessory buildings;

(2)

Family dwellings above buildings with street level, commercial occupancy;

(3)

Public library, post office, and other government or public uses provided they do not conflict with state law;

(4)

Public recreation facilities including but not limited to parks, community centers, and swimming pools;

(5)

Business, professional, and medical offices;

(6)

General service and retail establishments;

(7)

Daycare facilities and congregate care facilities;

(8)

Hotels, motels, bed and breakfasts, and rooming houses per subsection 34-112(c)(2);

(9)

Restaurants and other eating establishments.

(c)

Permitted special exception. Permitted special exceptions in the district shall be as follows:

(1)

Churches and related activities pursuant to article V, division 3 of this chapter;

(2)

Single-family dwellings, including modular houses, and any customary single-family accessory buildings per section 34-111.

(3)

Other uses not listed above that may be compatible with the permitted uses of the district as approved by the planning, zoning, and appeals board.

(d)

Area regulations. Area regulations within the RMU district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than ten feet.

(2)

Side yard. There shall be a side yard of not less than ten feet.

(3)

Rear yard.

There shall be a rear yard for all main buildings of not less than 15 feet.

Accessory buildings shall have a rear yard of not less than ten feet measured from the rear building line to the rear lot line.

(4)

Building site area regulations.

For single and two-family dwellings, the minimum lot or building site shall be 10,000 square feet and have a width of not less than 100 feet measured at the front building line.

For dwelling structures or projects having an excess of two dwelling units, not less than 7,260 square feet of lot area for the first two units with 3,630 square feet of lot area added to the site for each dwelling unit in excess of two; to a maximum of 12 units per acre.

The floor area ratio (FAR) is limited to 0.2 FAR.

(5)

Maximum lot coverage. Dwellings and buildings accessory thereto shall cover not more than 40 percent of the lot area or the total impervious service cannot exceed 50 percent

(e)

Height regulations. No buildings shall exceed 35 feet in height or 40 feet in height for mixed-use buildings.

(f)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(g)

Mixed-use development regulations. Mixed-use projects may include commercial low intensity uses or uses similar to those allowed in B-2. However, within mixed-use projects residential uses must maintain a 35 percent minimum up to a 70 percent maximum area of the project, with commercial uses a minimum of 15 percent up to a 30 percent maximum area of the project.

(Ord. No. 2012-31, § 2, 1-7-13)

Sec. 34-117. - B-1 Business district.

(a)

Purpose and intent. The purpose of this business-commercial district is to guide and regulate commercial uses including personal and business services and general retail business. It is the intent of this district to allow a wide-range of commercial uses, provide for a medium to high concentration of commercial activity, and ensure compatibility with the adjacent properties, and allow the potential for mixed-use commercial and residential development. This district is compatible with the commercial and commercial high land use categories.

(b)

Permitted principal and accessory uses and structures. Within any B-1 Business district, no building, structure, or land shall be used except for one or more of the following uses:

(1)

Any retail business or commercial use which does not involve the manufacturing, harvesting, or processing of products from raw materials.

(2)

Personal service establishments including, but not limited to, barber shops, beauty salons, shoe repair.

(3)

Restaurants, cocktail lounges.

(4)

Hotels, motels, rooming houses, bed and breakfast inns, group homes, nursing homes, day care centers.

(5)

Hardware or building supply stores without outside storage.

(6)

Vehicle sales (except seasonal or temporary sales pursuant to subsection 34-117(d), services, parts, fuel and repair.

(7)

Private clubhouses not operated for gain.

(8)

Bakery (where goods are prepared for wholesale and/or retail distribution).

(9)

Dry cleaning, dyeing and laundry establishments.

(10)

Activities involving the assembly and/or modification of parts which have been manufactured off site to make a completed product. The building area containing these activities shall not exceed 10,000 square feet. This area does not include such uses as offices, display areas, or storage.

(11)

No outside storage except for whole products to be used outdoors (vehicles, lawn mowers, etc.). Other business related outside storage shall be fully buffered by approved fencing or natural buffers to conceal from public view.

(12)

Other uses similar in character to those listed above, which will not be noxious or offensive by reason of the emission of odor, dust, vibration, or noise and will not be injurious to the district.

(13)

Permanent makeup as defined as: A cosmetic technique which employs tattoos (permanent pigmentation of the dermis) as a means of producing designs that resemble makeup, such as eye lining and other permanent enhancing colors to the skin of the face, lips and eyelids. Also to produce artificial eyebrows and to disguise scars and white spots in the skin such as in vitiligo. Also to restore or enhance the breast's areola, such as after breast surgery.

(14)

Bowling alleys, game rooms or arcades for pool, billiards, and other coin operated machines.

(15)

Funeral homes with or without crematoriums.

(16)

Churches and accessory uses.

(17)

Adult arcade amusement centers in compliance with the Code of Ordinances section 14-121.

(18)

Tattoo studios or parlors and related uses.

The total number of tattoo studios and parlors permitted in this zoning district shall be limited to three.

(c)

Permitted special exception. Permitted special exceptions, which are subject to approval by the planning, zoning and appeals board, in the B-1 district shall be as follows:

(1)

Single-family per section 34-111.

(2)

Uses permitted in the residential districts, and multifamily uses.

(3)

Other uses and structures not listed above that with certain restrictions can be compatible with the permitted uses of the district as determined by the planning, zoning and appeals board.

(4)

Mixed-use developments or projects.

(d)

Prohibited uses.

(1)

Temporary or seasonal sales of automobiles, trucks, motorcycles, boats, or similar retail sales except motorcycle sales or specialty or unique vehicles sales being conducted during Bikeweek or Biketoberfest or during specialty or unique events or shows.

(e)

Area regulations. Area regulations within the B-1 Business district shall be as follows:

(1)

Front yard.

There shall be a front yard of not less than 25 feet measured from the property line to the front building line.

For platted parcels of less than 10,000 square feet and/or less than 100 feet in width, there shall be a front yard of not less than ten feet.

(2)

Side yard.

No side yards are required except for those lots whose side lot lines are on streets. Such lots shall have a ten-foot side yard.

When a lot in the B-1 Business district abuts a residential district, there shall be a side yard of not less than 15 feet.

(3)

Rear yard. There shall be a rear yard of not less than ten feet unless abutting an alley.

(4)

Building site area regulations.

For single and two-family dwellings, the minimum lot or building site shall be 10,000 square feet and have a width of not less than 100 feet measured at the front building line.

For dwelling structures having an excess of two dwelling units, not less than 7,260 square feet of lot area for the first two units with 2,000 square feet of lot area added to the site for each dwelling unit in excess of two; to a maximum of 20 dwelling units per acre.

The floor area ratio (FAR) is limited to 0.4 FAR.

(5)

Maximum lot coverage. Main and accessory buildings shall cover no more than 50 percent of the total lot area with a maximum of 60 percent impervious area.

(f)

Height regulations. No building shall exceed 35 feet in height or 40 feet in height for mixed-use buildings.

(g)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

Mixed-use development regulations. Mixed-use projects may include residential densities up to 20 units per acre. However within mixed-use projects residential uses must maintain a 15-percent minimum up to a 40-percent maximum area of the project, with commercial uses a minimum of 35 percent up to a 60-percent maximum of the project. This includes family dwellings above buildings with street level, commercial occupancy.

(LDC 1991, ch. 4, art. X, § IV; Ord. No. 2005-22, Pt. A, 6-21-05; Ord. No. 2008-11, § 2, 3-4-08; Ord. No. 2008-27, § 1, 7-1-08; Ord. No. 2009-17, § 1, 6-2-09; Ord. No. 2012-31, § 2, 1-7-13; Ord. No. 2013-03, § 1, 1-28-13)

Editor's note— Section 2 of Ord. No. 2012-31, adopted Jan. 7, 2013, amended and renumbered former § 34-115 as § 34-117.

Sec. 34-118. - B-2 Business district.

(a)

Purpose and intent. The purpose of this business commercial district is to facilitate the transition from a residential district to a business district which may require separate buildings or a group of buildings surrounded by landscaping and open areas. It is the intent of this district to encourage a commercial district that is urban in nature and which supports the residential population of the city. This district is compatible with the commercial and commercial low land use categories.

(b)

Permitted principal and accessory uses and structures. Within any B-2 district, no building, structure, or land shall be used except for one or more of the following uses:

(1)

Churches and accessory uses.

(2)

Any use permitted within the O-1 Office, medical and related services district.

(3)

Public library, post office, and other government or public uses provided they do not conflict with state law.

(4)

Public or private schools and daycare centers.

(5)

Eat-in restaurants, cafes, catering services, and carry out restaurants.

(6)

Convenience stores with or without gas pumps or general goods stores.

(7)

Retail or commercial specialty stores.

(c)

Permitted special exception. Permitted special exceptions, which are subject to approval by the local planning agency, in the B-2 district shall be as follows:

(1)

Rooming house, lodging house, and dormitory subject to the following minimum requirements:

Rentals must be made on a monthly, semi-annual, or annual basis. No hourly, daily, or weekly rentals permitted.

All rooms must be accessible from a single building entrance.

All shared facilities (i.e., bathrooms, laundry room, kitchen) must be internally accessible from all rooms.

There shall be no less than one bathroom containing a toilet, sink, and shower/tub provided per every four rooms.

An 8″ × 12″ sign shall be posted next to the front building entrance containing the name and phone number of the entity responsible for managing the property.

(2)

Any use permitted in [section] 34-111 R-1 Single-family residential district.

(3)

Multifamily uses.

(4)

Other uses and structures not listed above that with certain restrictions can be compatible with the permitted uses of the district as determined by the planning, zoning and appeals board.

(5)

A single permitted use in the district with a building exceeding 5,000 square feet of building area.

(6)

Mixed-use developments or projects.

(d)

Uses not permitted. The following uses are not permitted in the B-2 Business district:

(1)

Any use which would create any obnoxious, corrosive, or offensive noise, gas, odor, smoke, dust, fumes, vibration or light, and which would be detrimental to other surrounding properties or to the welfare and health of the citizens in the area.

(2)

Outside storage or displays of merchandise or supplies.

(e)

Area regulations. Area regulations within the B-2 Business district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 25 feet measured from the property line to the front building line.

(2)

Side yard.

There shall be a side yard of not less than ten feet.

When a lot in the B-2 district abuts a residential district there shall be a 15-foot buffer area.

(3)

Rear yard.

There shall be rear yard of not less than 25 feet.

Where a lot in the B-2 district abuts a residential district there shall be one buffer area within the 25-foot setback.

(4)

Building site regulations. The minimum lot or building site area shall be 10,000 square feet and have a width of 100 feet measured at the front building line.

For single and two-family dwellings, the minimum lot or building site shall be 10,000 square feet and have a width of not less than 100 feet measured at the front building line.

The floor area ratio (FAR) is limited to 0.2 FAR.

(5)

Maximum lot coverage. All main and accessory buildings shall not cover more than 40 percent of the lot area with a maximum of 50 percent impervious area.

(6)

Ingress and egress.

All corner lots shall have ingress and egress restricted to side streets.

Lots that are not on a corner shall be restricted to one 24-foot wide driveway.

Interior lots not on a corner will be encouraged to have shared driveways.

(f)

Height regulations. No building shall exceed 35 feet in height or 40 feet in height for mixed-use buildings.

(g)

Parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

Mixed-use development regulations. Mixed-use projects may include commercial low intensity uses compatible with B-2 uses. However, within mixed-use projects residential uses must maintain a 35-percent minimum up to a 70-percent maximum area of the project, with commercial uses a minimum of 15 percent up to a 30-percent maximum area of the project. This includes family dwellings above buildings with street level, commercial occupancy.

(Ord. No. 1993-6, § 4, 3-16-93; Ord. No. 2010-18, § 1, 1-10-11; Ord. No. 2012-31, § 2, 1-7-13)

Editor's note— Section 2 of Ord. No. 2012-31, adopted Jan. 7, 2013, amended and renumbered former § 34-116 as § 34-118.

Sec. 34-119. - O-1 Office, medical and related services district.

(a)

Purpose and intent. The purpose of this district is to provide areas for professional, medical, and business offices and other related activities. The intent of this district is to provide centralized, compact locations for business and professional offices, clinics, and medical and dental offices. This district is compatible with the commercial and commercial low land use categories.

(b)

Permitted principal and accessory uses and structures. Within the O-1 Office, medical and related services district, no building, structure or land shall be used except for one or more of the following uses:

(1)

Professional and business offices, which shall include, but not be limited to, offices for lawyers, architects, engineers, insurance and real estate agents.

(2)

Hospital, clinics, and medical and dental offices.

(3)

Undertaking establishments and funeral homes.

(4)

Drug stores in connection with medical clinics.

(5)

Public buildings.

(6)

Banks and other financial institutions.

(7)

Other uses similar in character to those enumerated above, and which is the opinion of the planning, zoning and appeals board will not be injurious to the district.

(c)

Permitted special exception. Permitted special exceptions, which are subject to approval by the planning, zoning and appeals board, in the O-1 district shall be as follows:

(1)

Any use permitted in the [section] 34-111 R-1 Single-family residential district.

(2)

Multifamily uses.

(3)

Other uses and structures not listed above that with certain restrictions can be compatible with the permitted uses of the district as determined by the planning, zoning and appeals board.

(d)

Area regulations. Area regulations within the O-1 Office, medical and related services district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 25 feet measured from the property line to the front building line.

(2)

Side yard. There shall be a side yard of not less than ten feet.

(3)

Rear yard. There shall be a rear yard of not less than 25 feet.

(4)

Building site area regulations. The minimum lot or building site area shall be 10,000 square feet and have a width of not less than 100 feet measured at the front building line.

For single and two-family dwellings, the minimum lot or building site shall be 10,000 square feet and have a width of not less than 100 feet measured at the front building line.

The floor area ratio (FAR) is limited to 0.2 FAR.

(5)

Maximum lot coverage. All main and accessory buildings shall not cover more than 40 percent of the lot area with a maximum of 50 percent impervious area.

(e)

Height regulations. No building shall exceed 35 feet in height.

(f)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(LDC 1991, ch. 4, art. X, § V; Ord. No. 2012-31, § 2, 1-7-13)

Editor's note— Section 2 of Ord. No. 2012-31, adopted Jan. 7, 2013, amended and renumbered former § 34-117 as § 34-119.

Sec. 34-120. - L-1 Light industrial district.

(a)

Purpose and intent. The purpose of this district is to provide areas in which the principal use of land is for light manufacturing, fabricating, and assembly plants, business, services, offices, retail, storage, warehousing, wholesaling and distribution. The intent of this district is to permit and regulate uses so that the noise, odor, dust, and glare of each operation is controlled to prevent becoming a nuisance to adjacent land uses. These regulations are intended to prevent frictions between uses within the district and also to protect nearby residential districts. This district is compatible with the industrial land use designation.

(b)

Permitted principal and accessory uses and structures. The following uses shall be permitted in the L-1 Light industrial district.

(1)

Cold storage and frozen food lockers.

(2)

Retail and wholesale sales, with shop and/or outside display of product.

(3)

Printing, lithographing, publishing or similar establishments.

(4)

Tattoo parlors and related uses.

(5)

Industrial equipment, sales and repair associated with the sale of the equipment. No junk equipment is allowed to be stored on premises.

(6)

Construction contractors and similar contractors, yards and related activities, such storage of building supplies and materials including outside storage of equipment and materials.

(7)

Pest control establishments.

(8)

Light manufacturing such as electronic equipment assembly, instrument, optical goods.

(9)

Auto detailing and upholstery.

(10)

Any commercial use allowed in the city's B-1, B-2 or O-1 commercial zoning districts.

(11)

Adult entertainment, game rooms, dance halls, and related adult entertainment businesses with the following exceptions:

No adult entertainment, game room, dance hall and related adult entertainment business shall be located within 1,500 feet of a school, residential area or another similar adult entertainment business.

A five-foot wide landscaping buffer shall be provided surrounding the property if abutting industrial property; if abutting a commercial or residential property landscape buffer shall be increased to a maximum of 25 feet wide with an average of 12.5 feet. Landscaping shall be such as to not obstruct the plain sight.

(12)

Machine shop.

(13)

Manufacture of pottery or other ceramic products.

(14)

Moving and storage companies.

(15)

Plumbing supply.

(16)

Rental of trailers and trucks.

(17)

Rug cleaning establishments.

(18)

Sign painting and service.

(19)

Swimming pool sales, installation and service.

(20)

Trade shops, including tinsmith, cabinetmaker, rug and carpet cleaning, electrical, roofing, sheet metal, welding and plumbing shops.

(21)

Welding or soldering shops.

(22)

Wholesale commercial activities.

(23)

Wholesale houses and distributors.

(24)

Wholesale nurseries, greenhouses, and landscape services.

(25)

Vehicle sales, rental, service, and repair, including new or used automobiles, boats, buses, farm equipment, motorcycles, trailers, trucks, and recreational vehicles.

(26)

Mobile homes sales.

(27)

Automotive general repairs and paint and body shop. Any open storage of wrecked, dismantled, or inoperable cars or vehicles must be screened from the public view by a six-foot enclosed fence.

(28)

Other uses of the same general character as those listed above deemed appropriate by the planning, zoning and appeals board.

(29)

Adult arcade amusement centers compliant with Code of Ordinances section 14-121.

(30)

Churches and related activities pursuant to article V, division 3, of this chapter.

(31)

Outside storage is allowable provided that:

The storage is visually screened from roadways and neighboring properties by a solid fence of six-foot in height or thick vegetation buffer.

Any storage greater than six feet in height is setback from all property lines a minimum of ten feet.

The storage is no greater than 15 feet in height.

The storage is not land clearing debris, construction debris, recyclables, trash, garbage or other materials typically disposed of at a Class I or higher landfill.

(32)

Recreational facilities.

(33)

Vocational, technical, trade or industrial schools and similar uses.

(34)

Manufactured buildings are allowable provided that:

The building is secured to a foundation or attached to an approved anchorage;

The axle and hitch will be removed from the building;

The building is skirted or placed on a solid concrete block wall or foundation;

If a multi-section construction, once together and sealed the building becomes one integrated wall, floor and roof assembly;

Meets the current building code; and

The building shall be visually screened if seen from SR100, US1 or SR11 by a solid fence of six-foot in height or an equivalent thick vegetation buffer.

(c)

Permitted special exception. Permitted special exceptions, which are subject to approval by the local planning agency, in the L-1 district shall be as follows:

(1)

Tractor trailer storage yards meeting the requirements listed below:

The parking and storage facilities must be visually screened from roadways and neighboring properties by a solid fence of six-foot in height or thick vegetation buffer.

All lights and lighting shall be so designed and arranged so that no source of light shall be directly visible from any residential district; this provision shall not be construed to prohibit interior-lighted signs.

Restroom facilities with a potable water source and sanitary sewer services shall be provided for employees and patrons.

Adequate, enclosed trash storage facilities shall be provided on the site.

Tractor trailers must be setback from all property lines a minimum often feet.

(2)

Junkyards or automotive wrecking or salvage yards meeting the minimum requirements listed below:

The materials or vehicles are visually screened from roadways and neighboring properties by a solid fence of six-foot in height or thick vegetation buffer.

Materials or stacked vehicles greater than six feet in height shall be setback from all property lines a minimum often feet.

Materials or stacked vehicles shall not exceed 15 feet in height.

Junkyards or automotive wrecking or salvage yards shall not be visible from US1, State Road 100, or State Road 11.

(3)

Miscellaneous uses, such as, express office, telephone exchange, commercial parking lots, and parking garages, motor bus or truck or other transportation terminal.

(4)

Service establishments catering to commerce and industry, including linen supply, laundry package dry cleaning plants, freight movers, communications services, business machine services, canteen services, and hiring and union halls.

(5)

Solid waste management facilities subject to meeting the following minimum criteria:

A scale for weighing material delivered to the site may be required as determined through the city facility operating permit process.

Restroom facilities shall be provided for employees and patrons connected to potable water and sanitary sewer services.

Solid waste management facilities must abide by all other sections in chapter 50 of the Code of Ordinances.

Hazardous waste and medical waste transfer facilities must also be approved by the city commission.

(6)

Other uses and structures not listed above that with certain restrictions can be compatible with the permitted uses of the district as determined by the planning, zoning and appeals board.

(d)

Performance standards. Every use (agricultural activities and operations are specifically excluded from these provisions.) located within the L-1 Light industrial district shall be so operated as to comply with the following minimum performance standards set forth below and all such uses which are changed, altered or enlarged shall comply with all of the required performance standards for the portion of the use and /or structure which is involved in such change, alteration or enlargement:

(1)

Noise. Every use shall be operated in compliance with the noise regulations specified in sections 26-196 through 26-203 in the City of Bunnell Code of Ordinances.

(2)

(3)

Smoke. No smoke shall be emitted greater than number 1 on the Ringelmann Smoke Chart.

(4)

Dust, dirt and other particulate matter. Particulate matter shall be defined as any material discharged into or suspended in the atmosphere in finely divided form. The calculation of the total net rate of emission of particulate matter within the boundaries of any lot shall be made in the following manner.

Determine maximum emission in pounds per hour for each source of emission and divide this figure by the acres in the lot area, thereby obtaining the gross hourly rate of emission, in pounds per acre.

For each gross hourly rate of emission, deduct the height of emission collection factor from the following table, interpolating as necessary for heights not given.

ALLOWANCES FOR HEIGHT OF EMISSION

Height of Emission Above Grade (Feet)	Collection (Pounds per Hour per Acre)
50	0.01
100	0.06
150	0.10
200	0.16
300	0.30
400	0.50
The result is the hourly rate of emission in pounds per acre for each source of emission.

Adding together individual net rates of emission gives the total new rate of emission from all sources of emission within the boundaries of the lot.

The total net rate of emission from all sources within the boundaries of a lot or tract in question shall not exceed one pound per acre of lot area during any one hour.

The emission, from all sources within any lot area, or particulate matter containing more than ten percent by weight of particles having a diameter larger than 44 microns is prohibited.

The emission of particles in the form of fly ash from any flue or smokestack shall not exceed 0.2 grains per cubic foot of flue gas at a stack temperature of 500 degrees Fahrenheit. Dust and other types of airborne pollution from such sources as storage yards, piled materials, yards, roads, or other untreated open areas which are developed, shall be kept to a minimum by appropriate screening, design, landscaping, paving, sprinkling, or other acceptable means approved by the administrative official.

(5)

Industrial wastes. There shall be no discharge at any point of liquid or solid wastes into any public sewage disposal system which will overload such system or create detrimental effects on the flow and treatment of public sewage, pursuant to sections 66-227 through 66-228 of the City of Bunnell Code of Ordinances. There shall be no discharge of any industrial wastes into any private sewage disposal system, stream, or into the ground of a kind or nature which may contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements or solid wastes conducive to the breeding of rodents or insects.

(6)

Odor. Every use shall be so operated as to prevent the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located.

Odor means a sensation resulting from stimulation of the human olfactory organ or a quantifiable level of chemical, fume or gas.

Objectionable odor means irritating, malodorous or nauseous odor which, by itself, or in combination with odors, fumes or gases exists in the atmosphere in sufficient quantities and of such duration:

Exceeds an acceptable level;

Is irritating, annoying or offensive to a person of normal sensibilities;

Is injurious to human, plant or animal life;

Unreasonably interferes with the comfortable use and enjoyment of life property or the conduct of business.

Odor nuisance means the use of any property, facilities, equipment, processes, products or compounds, or the commission of any acts that cause the emission into the outdoor air of dust, fume gas, mist, odor, smoke or vapor, or any combination thereof of a character and in the quantity as to be detectable by the public at any point beyond the property limits of the premises occupied or used by the person responsible for the source thereof, and so as to affect the public in one or more of the following ways:

Lessen the normal food and water intake of persons of normal sensitivities;

Produce irritation of the upper respiratory tract in persons of normal sensitivities;

Produce symptoms of nausea in persons of normal sensitivities;

Cause injury or damage to real property, personal property, or human, animal or plant life of any kind;

Cause harm to the health of persons of normal sensitivity; or

Unreasonably interfere with the normal use and enjoyment of life or property. If a person alleged to have caused an odor nuisance shows that such an odor nuisance was made in compliance with odor emission standards, ambient odor standards, odor incineration standards, an odor compliance plan or a consent order with respect to odor, such emission shall not be deemed an odor nuisance.

Procedures for odor complaint verification.

Each complaint of odors received by phone will be recorded on a community development odor complaint form. The form shall be designed to facilitate the gathering of information, pertinent to a complaint, within the shortest possible time. The determination of objectionability of the odor shall be left to the citizen who lodges the complaint. Community development shall determine why, if possible, the complainant finds the odor objectionable. The following questions may be posed to the complainant to assist in this determination:

Is this odor irritating, annoying or offensive to you?

Y___ N___ Describe:

Is the odor injurious to your health?

Y___ N___ Describe:

Is the odor injurious to plant or animal life?

Y___ N___ Describe:

Does the odor interfere with the enjoyment of property?

Y___ N___ Describe:

Does the odor interfere with the use and enjoyment of property?

Y___ N___ Describe:

Does the odor interfere with the conduct of business?

Y___ N___ Describe:

If the complainant has specifically identified (not a generic identification, e.g., chemical plant, kraft pulp mill) the source (facility) causing the objectionable odor, community development will notify the source (facility) that a complaint has been filed prior to or during, the complaint investigation. Notification will be made via certified mail, return receipt.

If the odor is ongoing, the investigator will proceed directly to the reported location of exposure. The code enforcement officer will stop, get out of the car and determine the presence or absence of a detectable odor in the air. The code enforcement officer will note the descriptive character of the odor, the intensity (faint, moderate, strong) and the time. The code enforcement officer will next measure and record meteorological data using portable, hand-held instruments carried for this purpose.

After recording initial data as described above, the code enforcement officer will attempt to interview the complainant, if the complainant is available on or near the scene of the reported exposure.

The code enforcement officer will survey the general vicinity of the reported exposure, note any odors detectable in the general vicinity and look for any small localized sources consistent with the character of the odor reported and/or noted at the complaint site; for example, animal pens, garbage piled in or near the street, anything being burned, small water or sewage treatment plants, small facilities such as garages, paint shops, etc.

If no odor has been detected within a general vicinity of the reported site, the code enforcement officer will close the investigation.

If an odor has been noted and does not seem to be from a small, localized source (as characterized in subsection 5. above), the code enforcement officer will proceed to the probable odor source, based upon his/her general knowledge of the area, the character of the odor previously noted, and the prevailing winds.

Upon arrival, the code enforcement officer will conduct a survey upwind and downwind of the facility, noting any odor detectable downwind beyond the property line of the facility, which has the same odor description as that of the odor detected in the area of exposure.

Ambient and olfactory data pertaining to an odor complaint, i.e., odor description, odor intensity and meteorological data, must be gathered within four hours of the complaint. Other data necessary for the validation of the complaint may be gathered before or after the passage of the four-hour period.

10.

Immediately upon completion of the field investigation, the code enforcement officer will notify the alleged source of the finding of the investigation. Such notification will be made via certified mail, return receipt.

11.

Upon completion of the investigation, the code enforcement officer will promptly document the findings on the complaint form, while details are still fresh in mind.

12.

The completed complaint form shall be given to the supervisory personnel for review. If the odor complaint is validated, the source owner will be advised in writing on a monthly basis. The written notification must be postmarked no later than the fifteenth day of the month for validated complaints received during the previous month. Copies of the validated complaints shall be enclosed with the monthly notification.

Receipt of citizen complaints. Complaints regarding objectionable odors from at least five persons who do not live in the same household within a 90-day period, alleging that a person or entity is responsible for objectionable odors at or beyond the property line of the responsible person.

Training. Training shall be provided to the department complaint investigators in the determination of odor intensity and odor description. Procedures utilized for training the investigators shall be documented and be made available to the public upon request. Records of training received shall be maintained and shall be available upon request.

Use of meteorological instruments. Measurements of temperature, relative humidity, wind speed and wind direction made in the course of an odor investigation must be done in accordance with methods and with the aid of instruments, described in the device instruction manual.

Odor episodes. In the event of an odor episode that results in odor complaints from households in close proximity, the code enforcement officer may elect to perform one investigation in his attempt to validate all the complaints. In such an event, a single notification to the culpable source, by phone or in person, will suffice as notification for the entire group of complaints.

Safety. Investigation of odor complaints shall be conducted so as not to jeopardize the safety of the code enforcement officer.

(7)

(8)

Heat, cold, dampness, and movement of air. Activities which would produce any effect on the temperature by more than five degrees fahrenheit, motion, or humidity of the atmosphere beyond the lot line shall not be permitted.

(9)

(10)

(11)

Hazardous materials. In addition to the requirements imposed by any other federal, state, or local law, rule, regulation, ordinance or code, the storage of hazardous materials shall comply with the following requirements:

Containment standards. Except as provided herein, all storage systems intended for the storage of hazardous materials shall be designed with the capability of detecting that the hazardous material stored in the primary containment has entered the secondary containment. Visual inspection of the primary containment is the preferred method; however, other means of monitoring may be required by the city. Primary and secondary levels of containment shall be required for all storage systems intended for the storage of hazardous materials, except as provided herein.

Primary containment. Primary containment is the first level of containment, such as the inside layer of the container which comes into immediate contact on its inner surface with the hazardous material being contained. All primary containment shall be product-tight.

Secondary containment. Secondary containment is the level of containment external to and separate from the primary containment. All secondary containment shall be constructed of materials of sufficient thickness, density, and composition so as not to be structurally weakened as a result of contact with the discharge hazardous materials and sufficient to preclude any loss of hazardous materials to the external environment.

Leak-proof trays under containers, floor curbing, or other containment systems to provide secondary liquid containment shall be installed of adequate size to handle 110 percent of the volume of the largest container in order to contain all spills, leaks, overflows, and precipitation until removal or remedial action can be taken.

ii.

Secondary containment systems shall be sheltered so that the intrusion of precipitation is inhibited. These requirements shall apply to all areas of use, production, and handling, to all storage areas, and to aboveground and underground storage areas.

iii.

Vacuum suction devices, absorbent scavenger materials, or other devices approved by the city, shall be present on-site or available within a time set by the city. Devices or materials shall be available in sufficient magnitude so as to control and collect the total quantity of hazardous materials. To the degree feasible, emergency containers shall be present and of such capacity as to hold the total quantity of hazardous materials plus absorbent material.

Inspection and maintenance. Procedures shall be established for periodic in-house inspection and maintenance of containment and emergency equipment. Such procedures shall be in writing. A regular checklist and schedule of maintenance shall be established and a log shall be kept of inspections and maintenance. Such logs and records shall be kept on-site for inspection by the city.

Any substantial modification or repair of a storage system, other than minor repairs or emergency repairs, shall be in accordance with plans to be submitted to the city and approved prior to the initiation of such work.

A facility owner or operator may make emergency repairs to a storage system in advance of seeking an approval whenever an immediate repair is required to prevent or contain an unauthorized discharge or release or to protect the integrity of the containment.

Replacement of any existing storage system for hazardous materials shall comply with the new installation standards.

Out-of-service storage systems.

Storage systems which are temporarily out of service, and are intended to be returned to use, shall continue to be monitored and inspected.

Any storage system which is not being monitored and inspected in accordance with this subsection shall be closed or removed in a manner approved by the city, and at the expense of the property owner or operator.

Whenever an abandoned storage system is located, a plan for the closure or removal or upgrading and permitting of such storage system shall be filed at a reasonable time as determined by the city.

Hazardous materials inspection program to comply with federal law. The city shall administer a hazardous materials inspection and cleanup program for the incorporated areas of the city. Such a program shall insure compliance with Title 40 Code of Federal Regulations, Parts 260.00—265.00. The party responsible for any discharge or release shall pay all cost incurred by the city in conducting the necessary inspection and clean-up program.

(e)

Area regulations. Area regulations within the L-1 Light industrial district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 40 feet measured from the property line to the front building line.

(2)

Side yard.

There shall be a side yard of not less than ten feet. Lots whose side lot lines are intersecting streets shall have a 20-foot side yard.

When a lot in the L-1 Light industrial district abuts a residential district there shall be a side yard of not less than 35 feet.

When a lot in the L-1 Light industrial district abuts a railroad right-of-way no side yard is required.

(3)

Rear yard.

There shall be a rear yard of not less than ten feet except where the rear lot line is a railroad right-of-way and, in that case, no rear yard is required.

Lots which abut a residential district shall provide a rear yard of at least 20 feet, and shall include a buffer of a fence at least six feet in height and approved by the city.

(4)

Maximum lot coverage. Main and accessory buildings shall cover no more than 65 percent of the total lot area with an impervious surface limitation of 70 percent.

(5)

Building site area regulations. The minimum lot or building site area shall be 15,000 square feet and have a width of not less than 80 feet measured at the front of the building line.

(6)

[Floor area ratio.] The floor area ratio (FAR) is limited to 0.5 FAR.

(f)

Height regulations. No main building or tower or structure shall exceed 35 feet in height.

(g)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

Design regulations. Any building located on a parcel adjacent to SR100, US1 or SR11, must have the front facade designed using an architectural finish (e.g., simulated stone or brick, natural stone veneers, masonry facades, insulated stucco finish, etc.) complete with architectural treatments (e.g., wainscoting, shutters, canopies, louvers, etc.) to ensure the building is not plain nor appear as a steel building. In cases where the front facade (or main building entrance) is not facing the above-mentioned streets, both the front facade and the facade facing the above-mentioned streets must receive an architectural finish and treatments. In cases where there are multiple buildings on a parcel, only the buildings with frontage along the above-mentioned streets must meet this requirement.

(LDC 1991, ch. 4, art. X, § VI; Ord. No. 2005-19, Pt. A, 8-16-05; Ord. No. 2006-17, Pt. a, 5-2-06; Ord. No. 2009-16, § 1, 6-16-09; Ord. No. 2009-28, § 1, 8-28-09; Ord. No. 2009-34, § 1, 4-12-10; Ord. No. 2010-08, § 1, 11-22-10; Ord. No. 2013-08, § 2, 2-25-13; Ord. No. 2014-09, § 2, 4-14-14; Ord. No. 2024-19, § 3, 10-28-24)

Editor's note— Section 2 of Ord. No. 2013-08, adopted Feb. 25, 2013, amended and renumbered former § 34-118 as § 34-120.

Sec. 34-121. - L-2 Heavy industrial district.

(a)

Purpose and intent. The purpose of this district is to provide areas appropriate where various heavy and extensive industrial operations can be conducted without creating hazards or property devaluation to the surrounding land uses. The intent of this district is to promote the most efficient use of the land for heavy industrial uses such that noise, odor, dust, and glare of each operation is controlled to prevent becoming a nuisance to all adjacent land uses. No L-2 Heavy industrial district may be created within a one-half-mile radius of the Downtown District of Bunnell as referred to in the Code of Ordinances sections 14-121 and 14-122 and referencing the included map. This district is compatible with the industrial land use designation.

(b)

Permitted principal and accessory uses and structures. The following uses shall be permitted in the L-2 Heavy industrial district.

(1)

Industrial uses and structures associated with large scale production and large scale manufacturing involving the manufacturing, fabrication or processing of products from raw materials or the assembly of parts which have been manufactured off-site to make a finished product.

(2)

Junk yards or automotive wrecking or salvage yards.

(3)

Solid waste management facilities subject to meeting the following minimum criteria:

A scale for weighing material delivered to the site may be required as determined through the city facility operating permit process.

Restroom facilities shall be provided for employees and patrons connected to potable water and sanitary sewer services.

Solid waste management facilities must abide by all other sections in chapter 50 of the Code of Ordinances.

Hazardous waste and medical waste transfer facilities must also be approved by the city commission.

(4)

Tire retreading and recapping shops.

(5)

Truck and freight terminals and truck scales.

(6)

Boatbuilding.

(7)

Chemical production plants.

(8)

Manufacturing involving the use of cranes and bulldozers.

(9)

Energy solution facilities.

(10)

Blacksmith shops.

(11)

Iron, ornamentation manufacturing.

(12)

Sheetmetal products manufacturing.

(13)

Planning and millwork manufacturers.

(14)

Culvert manufacturing, concrete forming and fabrication operations.

(15)

Bulk storage yards, not including bulk storage of flammable liquids and acids.

(16)

Other uses of the same general character as those listed above deemed appropriate by the planning, zoning and appeals board.

(17)

Manufactured buildings are allowable provided that:

The building is secured to a foundation or attached to an approved anchorage;

The axle and hitch will be removed from the building;

The building is skirted or placed on a solid concrete block wall or foundation;

If a multi-section construction, once together and sealed the building becomes one integrated wall, floor and roof assembly;

Meets the current building code; and

The building shall be visually screened if seen from SR1 00, US1 or SR11 by a solid fence of six-foot in height or an equivalent thick vegetation buffer.

(c)

Permitted special exception. Permitted special exceptions, which are subject to approval by the local planning agency, in the L-2 district shall be as follows:

(1)

Other uses and structures not listed above that with certain restrictions can be compatible uses with other uses in the district as approved by the planning, zoning, and appeals board.

(2)

Accessory residential facilities for the use of watchmen or caretakers whose employment requires a residence on the premises.

(3)

Bulk storage yards for flammable liquids and acids.

(d)

Performance standards. Every commercial or industrial use (Agricultural activities and operations are specifically excluded from these provisions.) conducted within the L-2 district shall be so operated as to comply with the following minimum performance standards set forth below, and shall be so constructed, maintained and operated so as not to be injurious or offensive to the occupants of adjacent premises by reason of emission or creation of noise, vibration, smoke, dust, or other particulate matter, toxic or noxious waste material, odors, fire, and explosive hazard or glare. The purpose of such standards is to permit the potential industrial nuisances to be measured factually and objectively to ensure all industries will provide methods to protect the community from hazards and nuisances which can be prevented by processes of control and nuisance elimination; and to protect industries from arbitrary exclusion or persecution based solely on the nuisance production by any particular type of industry in the past.

(1)

Noise. Every use shall be operated in compliance with the noise regulations specified in sections 26-196 through 26-203 in the City of Bunnell Code of Ordinances.

(2)

(3)

Smoke. No smoke shall be emitted greater than number 1 on the Ringelmann Smoke Chart.

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(e)

Area regulations. Area regulations within the L-2 district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 40 feet measured from the property line to the front building line.

(2)

Side yard.

There shall be a side yard of not less than 20 feet. Lots whose side lot lines are intersecting streets shall have a 40-foot side yard.

When a lot in the L-2 district abuts a residential district there shall be a side yard of not less than 40 feet.

When a lot in the L-2 district abuts a railroad right-of-way no side yard is required.

(3)

Rear yard.

There shall be a rear yard of not less than 20 feet except where the rear lot line is a railroad right-of-way and, in that case, no rear yard is required.

Lots which abut a residential district shall provide a rear yard of at least 40 feet, and shall include a buffer of a fence at least eight feet in height and approved by the planning, zoning and appeals board.

(4)

Maximum lot coverage. Main and accessory buildings shall cover no more than 65 percent of the total lot area with an impervious surface limitation of 70 percent.

(5)

Building site area regulations. The minimum lot or building site area shall be one acre and have a width of not less than 100 feet measured at the front of the building line.

(6)

[Floor area ratio.] The floor area ratio (FAR) is limited to 0.5 FAR.

(f)

Height regulations. No main building or towers associated with commercial or industrial buildings shall exceed 50 feet in height; except wireless communication facilities per section 34-271.

(g)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

Buffers. Residential or agricultural uses abutting industrial uses shall be buffered to minimize visual, odor and noise impacts customarily associated with industrial operations. Buffers must be located on the property proposing new construction, a change of use or a PUD. Buffers may vary in width but must not be less than 50 feet wide at their narrowest point. Buffers shall incorporate any combination of fencing and landscape material or native vegetation necessary to create an opaque barrier with a minimum height of eight feet above the grade of the nearest residential structure or agricultural operation. In multi-phased developments, where an industrial use on a phase(s) is projected to continue until that/those phase(s) is/are developed, temporary buffers shall be required. Since the type/intensity of the abutting industrial use may vary, so will the appropriate type of temporary buffer. Temporary buffers are subject to the review and approval of the planning, zoning and appeals board and certificates of occupancy may not be issued until such temporary buffers are in place. The planning, zoning and appeals board may establish a time limit on the use of temporary buffers after which the buffers must meet the permanent buffer requirements above. Buffers must be designed with a minimum of a 50-foot clear visibility zone at ingress and egress points.

(i)

Design regulations. Any building located on a parcel adjacent to SR100, US1 or SR11, must have the front facade designed using an architectural finish (e.g., simulated stone or brick, natural stone veneers, masonry facades, insulated stucco finish, etc.) complete with architectural treatments (e.g., wainscoting, shutters, canopies, louvers, etc.) to ensure the building does not appear plain. In cases where the front facade (or main building entrance) is not facing the above-mentioned streets, both the front facade and the facade facing the above-mentioned streets must receive an architectural finish and treatments. In cases where there are multiple buildings on a parcel, only the buildings with frontage along the above-mentioned streets must meet this requirement.

(Ord. No. 2013-08, § 3, 2-25-13; Ord. No. 2014-09, § 2, 4-14-14; Ord. No. 2024-19, § 3, 10-28-24)

Sec. 34-122. - P Public district.

(a)

Generally. This section applies to the P Public district. Within any P Public district, uses shall be restricted to those necessary or essential to the administration and operation of the city or county, including but not limited to City Hall, county court house, recreational facilities, water works, pumping stations and sewerage facilities, correctional, fire, emergency and safety operations facilities, public and semi-public open spaces and other similar activities. This district is compatible with the public comprehensive plan land use designation.

(b)

Area regulations. The front, side and rear yards; the maximum lot coverage, height and other regulations for this district should be equal or similar to those required for the adjacent district with the most similar type of permitted uses as proposed.

(c)

Intensity. The maximum intensity of activity shall be 0.6 FAR.

(LDC 1991, ch. 4, art. X, § VII; Ord. No. 2013-12, § 1, 4-8-13)

Editor's note— Section 1 of Ord. No. 2013-12, adopted April 8, 2013, amended and renumbered former § 34-119 as § 34-122.

Sec. 34-123. - REC Recreation district.

(a)

Generally. This section applies to the REC Recreation district. The REC Recreation district, is established to provide sufficient space for public and private parks that are open to the public for active and passive recreation use. This district is compatible with the recreation comprehensive plan land use designation. Recreational uses should be allowed in other categories as support uses.

(b)

Area regulations. None.

(c)

Intensity. None.

(Ord. No. 2013-12, § 1, 4-8-13)

Sec. 34-124. - I Institutional district.

(a)

Generally. This section applies to the I Institutional district. The I Institutional district, is intended to accommodate churches; private schools; hospital facilities and supportive health care units; orphanages; non-profit charitable services; membership organizations; rest homes; cemeteries, arts, cultural or civic facilities, and other similar uses or activities. This district is compatible with the institutional or public comprehensive plan land use designations. Institutional uses should be allowed in other categories as permitted uses or special exceptions, and per specific district regulations.

(b)

(c)

Intensity. The maximum intensity of activity shall be 0.5 FAR.

(Ord. No. 2013-12, § 1, 4-8-13)

Sec. 34-125. - Reserved.

Editor's note— Ord. No. 2024-15, § 3, adopted Sept. 9, 2024, repealed § 34-125, which pertained to C-1 Conservation district and derived from Ord. No. 2012-03, § 3, adopted March 12, 2012 and Ord. No. 2013-12, § 2, adopted April 8, 2013.

Sec. 34-126. - C Conservation district.

(a)

Purpose and intent. The purpose of the C conservation district is to support the ecological integrity of the natural resources and wildlife. This district is intended to provide lasting support to environmentally sensitive lands and to conserve important natural and ecological resources from development. Impacts or uses allowed within the C conservation district must be outlined in a conservation easement or other permanent protection instrument, which shall be required for all land designated within this district.

(Ord. No. 2012-03, § 3, 3-12-12; Ord. No. 2013-12, § 2, 4-8-13; Ord. No. 2024-15, § 3, 9-9-24)

Editor's note— Section 2 of Ord. No. 2013-12, adopted April 8, 2013, renumbered former § 34-123 as § 34-126.

Sec. 34-141. - Definition.

In this division, "PUD" means planned unit development.

(LDC 1991, ch. 10, art. I, § II)

Cross reference— Definitions generally, § 1-2.

Sec. 34-142. - Scope.

This division applies to planned unit developments.

Sec. 34-143. - Unified ownership.

All land within the PUD shall be under the ownership of the applicant at the time of rezoning whether that applicant be an individual, partnership or corporation, or groups of individuals, partnerships, or corporations. Planned unit development applicants shall present firm evidence at the time of application of unified ownership of the entire area within the proposed PUD.

(LDC 1991, ch. 10, art. III)

Sec. 34-144. - Permitted uses.

In general, the PUD district is intended to accommodate the following uses; however, specific uses permitted shall be defined in the master development agreement: Apartments, multiple-family dwellings, townhouses, garden apartments, houses of worship, schools, out-patient medical clinics, nursing homes, child care centers, congregate living facilities, neighborhood commercial uses, parks, playgrounds, and other recreation facilities to serve the residents of the project, semi-public clubs, community centers, and civic and social organizational facilities, single-family dwellings, attached single-family dwellings (detached), two-family dwellings, others as permitted in development agreement.

(LDC 1991, ch. 10, art. IV)

Sec. 34-145. - Accessory uses.

Accessory uses permitted are uses customarily associated with, dependent on, and incidental to approved principle uses.

(LDC 1991, ch. 10, art. V)

Sec. 34-146. - Commercial activities.

Commercial activities permissible in a PUD shall be those designed and scaled to serve the needs and requirements of the PUD residents. Such commercial uses shall not be intended to serve the general needs of a surrounding area outside the PUD. Planned unit development commercial use areas should not be located along exterior or perimeter streets but should be located in an area accessible from local streets within the PUD. When commercial activities are approved as part of a PUD, such commercial activities shall not commence operation until either 25 units or 25 percent of the total project units have been completed and certificates of occupancy issued therefore, whichever is greater.

(LDC 1991, ch. 10, art. VI)

Sec. 34-147. - Minimum parcel size.

Minimum size for rezoning to PUD shall be ten acres. A lesser minimum area may be approved if the city commission determines that the intent and purpose of these PUD regulations and expressed municipal development policy can be served in the particular case before the city commission. A PUD containing commercial uses shall have a minimum of 250 units.

(LDC 1991, ch. 10, art. VII)

Sec. 34-148. - Minimum lot area and yard requirements.

Lot area and yard requirements shall be determined as part of the development review process and set forth in the master development agreement. Yards abutting the PUD boundary shall not be less than the yard requirements of the zoning district most similar to that portion of the PUD. The city commission may require greater peripheral yards when it is determined that the proposed use may have adverse effects upon adjoining properties or prejudice development on adjoining properties.

(LDC 1991, ch. 10, art. VIII)

Sec. 34-149. - Maximum building height.

Maximum building height shall be determined as part of the development review process and set forth in the master development agreement, however, heights of buildings near or along the perimeter of the project area shall be related to and consistent with building heights in adjoining districts.

(LDC 1991, ch. 10, art. IX)

Sec. 34-150. - Sign requirements.

Signs are permitted in accordance with those sections of chapter 26 covering similar uses, unless specifically addressed in the development agreement.

(LDC 1991, ch. 10, art. X)

Sec. 34-151. - Open space and common facilities requirements.

Sixty percent of the project shall be open space. A minimum of 20 percent of the project area shall be designated for use as common open space or common facilities. No area shall be accepted as common open space unless it meets the following standards:

(1)

Common open space shall be dedicated to and usable by all residents of the planned unit development, or specific phase thereof.

(2)

Common open space must be developed for aesthetic, amenity or recreational purposes.

(3)

The location, shape size, and character of common open space must be shown on the plan.

(4)

Common open space must be suitably improved for its intended use. Common open space containing natural features worthy of preservation may be left unimproved.

(5)

Common open space shall not include any structures other than recreational or incidental maintenance buildings.

(6)

Appropriate arrangements acceptable to the city shall be made to guarantee the continued maintenance of common open space through the establishment of trust funds or the creation of a homeowners' association.

(LDC 1991, ch. 10, art. XI)

Sec. 34-152. - Underground utilities.

All utilities within a PUD including telephone, television cables, and electrical systems shall be installed underground. Appurtenances to these systems and primary facilities which customarily require above ground installation may be exempted.

(LDC 1991, ch. 10, art. XII)

Sec. 34-153. - Application for rezoning or annexation into city as PUD.

(a)

Application information. Upon application for rezoning to the PUD district, the developer shall submit the seven copies of a proposed conceptual development plan to include:

(1)

Project name and name, address and telephone number of developer and design professionals.

(2)

General character of the proposed project including land uses, densities, ownership concept, design/landscape concepts, and any other information specific to the site or project.

(3)

North arrow, scale, vicinity map, names of abutting property owners, zoning of abutting properties, legal description, and location of all existing property improvements on or adjacent to the site.

(4)

Existing site conditions including soil types, vegetation types, natural drainage patterns, topography at one-foot contour intervals based on NVGD data, and location and character of wooded areas, ponds, marshes, and wetland areas, and the 100-year floodplain area.

(5)

Location of proposed access points and location of existing water, sewer, and drainage facilities that are proposed to be extended to the site.

(6)

Concept plan of proposed internal circulation, utility service, and drainage systems.

(7)

General character, size and location of buildings and parking areas for each proposed land use.

(8)

Proposed master development agreement covering terms of the conceptual development plan and improvements required by the city, and setting forth any further specific agreements to be made for final development of specific phases.

(9)

Proposed phasing of development and proposed number and character of owner associations.

(10)

Any other information deemed pertinent by the applicant, planning, zoning and appeals board or city commission.

(11)

Impact statement for level of service (LOS) standards.

(b)

Review procedure. The planning, zoning and appeals board shall have 60 days from the first public hearing to review the conceptual development plan and provide comments to the city commission. If there is no review completed within 60 days, the plan will be forwarded to the city commission without comment. The conceptual plan shall be approved or disapproved by the city commission within 30 days after initial review by the city commission. However, the city commission may table the plan for further study at any time. If the concept plan is disapproved, reasons for disapproval shall be formally stated. Any change to the application in order to solicit approval shall be formally submitted in writing, and may be referred back to the planning, zoning and appeals board for further review, at the city commission's discretion. Approval of the conceptual plan shall coincide with rezoning to the PUD district, with development bound by the conceptual plan and development agreement, which shall be signed by the mayor and attested by the city clerk.

(LDC 1991, ch. 10, art. XIII)

Sec. 34-154. - Final development plans.

(a)

Application information. No development of any kind shall take place in any PUD district until city commission approval has been given to the final plan for the entire project, or approved phase thereof. This submittal shall consist of the required seven copies of the final site development plan and/or final subdivision plat and plans, including such drawings, specifications, covenants, easements, conditions and form of performance bonds as specified in the applicable sections of this chapter and chapter 30.

(b)

Written development agreements. Any further written development agreements, such as subdivision improvement agreements, shall be in their final form and shall reflect all conditions made as part of the conceptual development plan review and master development agreement. Copies of necessary local, regional, state and federal permits shall also be included as needed.

(c)

Final plat approval. Where a plat is to be recorded, final development plan approval shall also include final plat approval reflecting the necessary easements, dedications, or other details to allow development of the final plan.

(LDC 1991, ch. 10, art. XIV)

Sec. 34-155. - Review procedure.

(a)

Staff development review committee review. Seven copies of final, signed and sealed by an architect or engineer, plans and agreements shall be submitted to the building and zoning department, and applicable fees shall be remitted to the same department. Such department shall distribute plans for departmental review and approval as provided for in the city staff review procedures.

(b)

Planning, zoning and appeals board. The planning, zoning and appeals board shall review and comment on the final development plan within 45 days after it is placed on the commission agenda. If review has not been completed within 45 days, the plans shall be forwarded to city commission without comment.

(c)

City commission review. The city commission shall review and take action on the final plan within 60 days after it is forwarded from the planning, zoning and appeals board. However, the city commission may table the plan, for further study at any time. If the final plan is consistent with the approved conceptual plan and meets all requirements of all applicable city ordinances and policies, the city commission shall approve the final plan unless a substantial or material change in circumstances or facts has occurred. Approval shall be indicated on each copy of the plan by signature of the mayor and attested by the city clerk. If disapproved, the reasons for disapproval shall be clearly stated by the city commission at that time.

(d)

Building permits and enforcement. A plan or phase thereof which has been given final approval by the city commission shall constitute the basis for issuance of clearing and building permits. No building permit of any type or kind shall be issued except in conformity with such final plan or approval phase thereof and any other applicable city and state regulations. It shall be the responsibility of the building and zoning official to determine during the process of inspection of construction that all requirements as set out in the final approved plan or plan thereof are strictly followed. In the event that such official shall determine that the approved final plan, or phase thereof, is not being followed, the developer shall promptly be notified of any discrepancies in writing. In the event the developer and such official cannot reach agreement as the nature of the discrepancies and the disposition to be made thereof, it shall be the duty of the planning, zoning and appeals board to hear the developer and the administrative official on such matters and to reach a conclusion as to whether or not the developer is or is not following the approved final plan or phase thereof. If the city commission determines that the final plan is not being followed and the developer is not in agreement with the city commission's conclusions, the city commission may take such action as it may deem necessary to revise the approved final plan or phase thereof, or direct the city attorney to take such legal action as may be necessary to compel the developer to follow the approved final plan or phase thereof, with the city recovering attorney fees and costs.

(LDC 1991, ch. 10, art. XV)

Sec. 34-156 - RP-PUD Rural preservation—Planned unit development.

The city will promote its rural character, preserve diverse forms of agriculture, and support compact rural development and clustered developments that support agriculture lands and ecologically significant areas by including a RP-PUD process in the zoning code. A RP-PUD must meet the goals, objectives and policies adopted in the city's comprehensive plan and promote the city's preservation, economic, development and rural planning goals. The rural planning goals of the city are to:

(1)

Preserve the rural character and promote rural economic activity;

(2)

Prevent urban sprawl by encouraging compact conservation-oriented development within the rural area of the city;

(3)

Provide continued opportunity for diverse forms of agriculture production;

(4)

Create a rural preservation program that supports continued agricultural and conservation activities within the city limits;

(5)

Offset biological and ecological impacts of new development;

(6)

Provide support to natural resources and green space in the form of linked networks and ecological systems;

(7)

Reduce automobile trips;

(8)

Provide a variety of housing types to support residents of diverse ages, incomes, family sizes, and lifestyles;

(9)

Create predictability and efficiency in planning and in the provision of infrastructure;

(10)

Allocate infrastructure and public service costs to provide for fiscal neutrality; and

(11)

Create a clear distinction between the city's agricultural and urban areas utilizing clustering principles to prevent sprawl.

The city will promote a mix of agriculture, conservation, and compact residential and mixed use development in areas of the city with a predominantly rural character. This area is designated as the agriculture and silviculture (AG&S) land use category on the future land use map. The specific intent is to encourage new planned rural communities in order to protect agricultural land and discourage the proliferation of urban sprawl. New rural communities shall only be permitted when consistent with the adopted comprehensive plan, and the Land Development Code. All clustered development within the rural area shall be subject to the following guidelines and standards:

(1)

The clustered development must be immediately contiguous to an existing, publicly maintained arterial road.

(2)

The development shall not be located close enough to existing agriculture to be affected by noise, odors, dust/debris, or any other occurrence or activity related to normal agriculture operations.

(3)

Lots within the development area shall not exceed one acre in size but may be less when served by water and sewer.

(4)

The total site must be divided so that 60 percent is open space 40 percent is developable. The clustered development must be entirely within the 40 percent.

The city shall establish clustered communities to provide rural residential or mixed use alternatives in the form of rural nodes or conservation communities to promote the conservation of natural resources and reduce greenhouse gases. When established, clustered communities shall promote the creation of a greenway network to connect or preserve viable agriculture and natural resources as development occurs. To further protect the city's natural resources, rural nodes may be established to provide for housing and employment options in the rural and agricultural areas of Bunnell. The goals of rural nodes may:

Improve the viability of continued agricultural operations, reduce development pressure on prime agricultural land, and provide a mechanism for the long-term support and conservation of land.

Allow clustering of permitted lots, reduced lot sizes, neighborhood commercial and appropriate industrial uses, and incentives to support and direct agriculture and conservation land.

Through the RP-PUD and PUD process the developer, the PZA board and the city commission will work to establish a carefully devised development agreement that utilizes all the adopted goals, objectives and policies of the comprehensive plan to establish a balanced and successful rural development in the City of Bunnell.

(Ord. No. 2012-03, § 4, 3-12-12)

Bunnell City Zoning Code

ARTICLE IV

DISTRICT REGULATIONS

Sec. 34-106. - AG&S Agricultural and silviculture district.

(a)

(b)

Permitted principal and accessory uses and structures:

(1)

Single-family residences, mobile and modular homes, and accessory uses;

(2)

Agricultural and silvicultural uses;

(3)

Nurseries, wholesale and retail;

(4)

Greenhouses;

(5)

Churches and their accessory uses;

(6)

Country clubs, hunting clubs, hunting areas, shooting ranges, golf courses;

(7)

Passive and active recreation facilities;

(8)

Public and private schools;

(9)

Farmers markets;

(10)

Equestrian facilities including riding academies, riding stables/grounds, boarding, and dude ranches;

(11)

Energy solution facilities;

(12)

Special care housing;

(13)

Public facilities;

(14)

Historic sites and museums;

(15)

Animal shelters, and kennels;

(16)

Veterinarian offices with or without boarding;

(17)

Participation in the rural preservation program including clustered conservation developments and rural nodes in accordance with the City of Bunnell Comprehensive Plan policies;

(18)

Rural subdivisions as outlined in the supplemental regulations;

(19)

Home occupations;

(20)

Farm machinery, manufacturers, and repair;

(21)

Machine shops, welding or soldering shops;

(22)

Sawmills, lumberyards, hardware and building supplies retail and wholesale sales;

(23)

Cemeteries subject to the following criteria:

The property must abut and be granted access from a public road.

The cemetery shall be buffered from adjacent properties by natural vegetation or shrubs a minimum of four feet high.

All structures shall be setback 50 feet from all property lines.

(24)

Animal or wildlife rescues or sanctuaries;

(25)

Accessory dwellings (e.g., guest houses, caretaker's quarters, security stations, etc.) subject to the following criteria:

Accessory dwellings shall remain accessory to and under the same ownership as the principal dwelling.

(26)

Seasonal farm worker housing;

(27)

Family homesteads as outlined in the supplemental regulations;

(28)

Daycares;

(29)

Grain blending and packaging;

(30)

Cold storage and frozen lockers, freezing, packaging, and distribution;

(31)

(32)

All permitted uses allowed in the Agriculture (Ag) zoning district.

(c)

Permitted special exceptions:

(1)

(2)

Junkyards meeting the minimum requirements listed below:

The materials or vehicles are visually screened from roadways and neighboring properties by a solid fence of six-foot in height or thick vegetation buffer.

Materials or stacked vehicles greater than six feet in height shall be setback from all property lines a minimum often feet.

Materials or stacked vehicles shall not exceed 15 feet in height.

Junkyards shall not be visible from US1, State Road 100, or State Road 11; and

The special exception must be reviewed by the city commission at an advertised public hearing to evaluate its compatibility with the surrounding area.

(3)

Any uses by special exception in the Agriculture (AG) zoning district that are not listed within this section;

(4)

Solid waste management facilities subject to meeting the following minimum criteria:

A scale for weighing material delivered to the site may be required as determined through the city facility operating permit process.

Solid waste management facilities must abide by all other sections in chapter 50 of the Code of Ordinances.

Hazardous waste and medical waste transfer facilities must also be approved by the city commission.

(5)

Other uses and structures not listed above that with certain restrictions can be compatible uses with other uses in the district as approved by the planning, zoning and appeals board.

(d)

Area regulations for single-family residences within the AG&S district shall be as follows:

(1)

Minimum lot size. Five acres.

(2)

Minimum lot width. 200 feet.

(3)

Maximum lot coverage. 35 percent for all principal and accessory buildings.

(4)

Building setbacks. These are considered minimum setbacks, but may be increased if appropriate to prevent interference with agricultural operations and appropriate buffers.

Front yard. There shall be a front yard of not less than 25 feet measured from the front property line to the front building line.

Rear yard.

There shall be a rear yard of all main buildings of not less than 20 feet from the rear building line to the rear lot line.

Accessory buildings, such as garages, shall have a rear yard of not less than ten feet, measured from the rear building line of such garage or accessory building to the rear lot line.

(e)

Area regulations for commercial uses within the AG&S district shall be as follows:

(1)

Minimum lot size. Half acre.

(2)

Minimum lot width. None.

(3)

Maximum lot coverage. 40 percent for all principal and accessory buildings.

(4)

Building setbacks.

Front yard. There shall be a front yard of not less than 25 feet measured from the property line to the front building line.

Side yard.

There shall be a side yard of not less than ten feet.

When a commercially used lot in the AG&S district abuts a residential use there shall be a 30-foot buffer area on the commercial property.

Rear yard.

There shall be a rear yard of not less than ten feet.

Where a commercially used lot in the AG&S district abuts a residential use there shall be a 30-foot buffer area on the commercial property.

(f)

(g)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

(Ord. No. 2012-03, § 2, 3-12-12; Ord. No. 2024-19, § 3, 10-28-24)

Sec. 34-107. - AG Agricultural district.

(a)

(b)

Permitted principal and accessory uses and structures. Within the agricultural district, no building, structure or land shall be used except for one or more of the following uses:

(1)

Agricultural uses;

(2)

Silviculture uses;

(3)

Ornamental horticulture, floriculture and nursery products, wholesale and retail;

(4)

Livestock;

(5)

Equestrian facilities including riding academies, riding stables/grounds, and boarding facilities;

(6)

Single-family residences, mobile and modular homes, and accessory uses;

(7)

Country clubs;

(8)

Passive and active recreational uses;

(9)

Hunting clubs and hunting areas, and shooting ranges;

(10)

Special care housing;

(11)

Churches and their accessory uses;

(12)

Energy solution facilities;

(13)

Farmer's market;

(14)

Public/private educational facilities;

(15)

Home occupations;

(16)

Family homesteads, as outlined in the supplemental regulations;

(17)

Rural subdivisions, as outlined in the supplemental regulations; and

(18)

Other similar and/or compatible uses and structures not listed above that are determined to be compatible with the scope of the district.

(c)

Permitted special exception. Permitted special exceptions in the AG district shall be as follows:

(1)

Cemeteries:

The property should abut and be granted access from a public road.

The cemetery shall be buffered from adjacent properties by natural vegetation or shrubs a minimum of four feet high.

All structures shall be setback 50 feet from all property lines.

(2)

Veterinarian offices, animal shelters, pet rescues, animal hospitals and kennels;

(3)

Seasonal farm worker housing;

(4)

Public/Private utility structures;

(5)

Solid waste management facilities subject to meeting the following minimum criteria:

A scale for weighing material delivered to the site may be required as determined through the city facility operating permit process.

Solid waste management facilities must abide by all other sections in chapter 50 of the Code of Ordinances.

Hazardous waste and medical waste transfer facilities must also be approved by the city commission.

(6)

Other uses and structures not listed above that with certain restrictions can be compatible uses with other uses in the district as approved by the planning, zoning and appeals board.

(d)

Area regulations. Area regulations within the AG district for single-family residential residences shall be as follows:

(1)

Minimum lot size. One acre.

(2)

Minimum lot width. 100 feet.

(3)

Maximum lot coverage.

Residential dwellings and buildings accessory thereto shall cover not more than 50 percent of the lot area.

All other main and accessory buildings, shall cover not more than 50 percent of the lot area.

(4)

Building setbacks:

Front yard. There shall be a front yard of not less than 25 feet measured from the front property line to the front building line.

Rear yard.

There shall be a rear yard of all main buildings of not less than 20 feet from the rear building line to the rear lot line.

Accessory buildings, such as garages, shall have a rear yard of not less than ten feet, measured from the rear building line of such garage or accessory building to the rear lot line.

(e)

(f)

Height regulations. No main building or towers (except agricultural structures) associated with residential buildings and/or accessory structures shall exceed 35 feet in height to the bottom of the third story windows, as applicable or as defined; except wireless communication facilities per Chapter 34-271.

(g)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

(Ord. No. 2006-13, Pt. B, 4-18-06; Ord. No. 2012-10, § 1, 4-23-12; Ord. No. 2024-15, § 3, 9-9-24; Ord. No. 2024-19, § 3, 10-28-24)

Editor's note— Section 1 of Ord. No. 2012-10, adopted April 23, 2012, amended and renumbered former § 34-108 as a new § 34-107.

Sec. 34-108. - ACI Agricultural community industrial district.

(a)

(b)

Permitted principal uses and structures:

(1)

All permitted uses allowed in the agriculture and silviculture (AG&S) zoning district;

(2)

Blacksmith shops;

(3)

Iron, ornamentation manufacturing;

(4)

Sheetmetal products manufacturing;

(5)

Planing and millwork manufacturers;

(6)

Culvert manufacturing, concrete forming and fabrication operations;

(7)

Energy solution facilities;

(8)

Hardware and building supply retail and wholesale stores, and distributors;

(9)

Industrial and agricultural equipment, sales and repair;

(10)

Exterminating office, storage and garage facilities;

(11)

Construction contractors, yards and related activities including outside storage;

(12)

Flex office/warehouse facilities, including outside storage;

(13)

Heavy truck sales, rental, storage or service establishments (not including salvage or junkyards);

(14)

Light manufacturing and manufacturing, including activities involving the fabricating, assembly or modification of parts, which have been manufactured off-site to make a complete product;

(15)

Other wholesale commercial activities and wholesale houses and distributors; and

(16)

Other similar and/or compatible uses and structures not listed above that are determined to be compatible with the scope of the district.

(c)

Permitted special exceptions:

(1)

Trade schools;

(2)

Mobile and modular home sales;

(3)

Junkyards meeting the minimum requirements listed below:

The materials or vehicles are visually screened from roadways and neighboring properties by a solid fence of six-foot in height or thick vegetation buffer.

Materials or stacked vehicles greater than six feet in height shall be setback from all property lines a minimum often feet.

Materials or stacked vehicles shall not exceed 15 feet in height.

Junkyards shall not be visible form US1, State Road 100, or State Road 11.

(4)

Mining, excavation and fill operations;

(5)

On-site caretaker's quarters, security stations;

(6)

Landfills, of which the special exception must be approved by the city commission at an advertised public hearing to evaluate its compatibility with the surrounding area;

(7)

Any uses by special exception in the agriculture and silviculture (AG&S) zoning district that are not listed within this section;

(8)

All permitted uses allowed in the light industrial (L-1) zoning district; and

(9)

Solid waste management facilities subject to meeting the following minimum criteria:

A scale for weighing material delivered to the site may be required as determined through the city facility operating permit process.

Solid waste management facilities must abide by all other sections in chapter 50 of the Code of Ordinances.

Hazardous waste and medical waste transfer facilities must also be approved by the city commission.

(10)

Other uses and structures not listed above that with certain restrictions can be compatible uses with other uses in the district as approved by the planning, zoning and appeals board.

(d)

(1)

Noise. Every use shall be operated in compliance with the noise regulations specified in sections 26-196 through 26-203 in the City of Bunnell Code of Ordinances.

(2)

(3)

Smoke. No smoke shall be emitted greater than number 1 on the Ringelmann Smoke Chart.

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(e)

Area regulations. Area regulations within the ACI district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 30 feet measured from the property line to the front building line.

(2)

Side yard.

There shall be a side yard of not less than ten feet. Lots whose side lot lines are intersecting streets shall have a 20-foot side yard.

When a lot in the ACI industrial district abuts a residential use there shall be a side yard of not less than 30 feet on the industrially designated property.

When a lot in the ACI industrial district abuts a railroad right-of-way no side yard is required.

(3)

Rear yard.

There shall be a rear yard of not less than ten feet except where the rear lot line is a railroad right-of-way and, in that case, no rear yard is required.

Lots which abut a residential use shall provide a rear yard of at least 20 feet, and shall include a buffer of an opaque fence at least six feet in height.

(4)

Maximum lot coverage. Main and accessory buildings shall cover no more than 65 percent of the total lot area.

(5)

Building site area regulations. The minimum lot or building site area shall be 15,000 square feet and have a width of not less than 100 feet measured at the front of the building line.

(f)

(g)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

(i)

(Ord. No. 2012-10, § 1, 4-23-12; Ord. No. 2024-19, § 3, 10-28-24)

Sec. 34-109. - ACC Agricultural community commercial district.

(a)

(b)

(1)

Convenience stores with or without gas pumps;

(2)

Feed stores, supply stores, hardware stores;

(3)

Farmer's market and/or co-op;

(4)

Ornamental horticulture, floriculture and nursery products, wholesale and retail;

(5)

Other commercial establishments that support agriculture;

(6)

Churches, and their accessory uses;

(7)

Hunting clubs and hunting areas and shooting ranges;

(8)

Public/private elementary, middle and high schools;

(9)

Daycares;

(10)

Restaurants under 50 seats;

(11)

Commercial and professional offices, including medical and dental offices;

(12)

Active and passive recreational uses;

(13)

Public/private utility facilities; and

(14)

Other similar and/or compatible uses and structures not listed above that are determined to be compatible with the scope of the district.

(c)

Permitted special exception. Permitted special exceptions in the ACC district shall be as follows:

(1)

Residential dwellings, mobile and modular homes, and accessory uses;

(2)

Residential dwellings accessory to commercial uses;

(3)

Kennels and veterinarian offices with or without boarding and with or without accessory residences;

(4)

Other uses and structures not listed above that with certain restrictions can be compatible uses with other uses in the district as approved by the planning, zoning, and appeals board.

(d)

Prohibited uses. The following principal and accessory uses are prohibited within the ACC agricultural community commercial district:

(1)

Solid waste management facilities.

(e)

Area regulations. Area regulations within the ACC district for single-family residential residences shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 25 feet measured from the front property line to the front building line.

(2)

(3)

Rear yard.

There shall be a rear yard of all main buildings of not less than ten feet from the rear building line to the rear lot line.

Accessory buildings, such as garages, shall have a rear yard of not less than ten feet, measured from the rear building line of such garage or accessory building to the rear lot line.

(4)

Building site area regulations. The maximum residential density of the ACC district is one dwelling unit per gross acre. The maximum floor area ratio of commercial structures is .40.

(5)

Maximum lot coverage.

Residential dwellings and buildings accessory thereto shall cover not more than 50 percent of the lot area. Commercial structures shall not cover more than 50 percent of the lot area.

All other main and accessory buildings, shall cover not more than 50 percent of the lot area.

(f)

(g)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

(Ord. No. 2006-13, Pt. B, 4-18-06; Ord. No. 2012-10, § 1, 4-23-12; Ord. No. 2024-19, § 3, 10-28-24)

Sec. 34-110. - RE Rural estate district.

(a)

(b)

Permitted principal and accessory uses and structures. Within the rural estate district, no building, structure or land shall be used except for one or more of the following uses:

(1)

Single-family residences and customary accessory uses;

(2)

Churches and country clubs;

(3)

Active and passive recreational uses;

(4)

Public/private elementary, middle and high schools;

(5)

Public/private utility facilities and structures; and

(6)

Other similar and/or compatible uses and structures not listed above that are determined to be compatible with the scope of the district.

(c)

Permitted special exception. Permitted special exceptions in the RE district shall be as follows:

(1)

Cemeteries.

The property should abut and be granted access from a public road.

The cemetery shall be buffered from adjacent properties by natural vegetation or shrubs a minimum of four feet high.

All structures shall be setback 50 feet from all property lines.

(2)

Equestrian facilities and structures and/or common facilities to serve neighborhoods;

(3)

Other uses and structures not listed above that with certain restrictions can be compatible uses with other uses in the district as approved by the planning, zoning, and appeals board.

(d)

Area regulations. Area regulations within the RE district for single-family residential residences shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 25 feet measured from the front property line to the front building line.

(2)

(3)

Rear yard.

There shall be a rear yard of all main buildings of not less than 20 feet from the rear building line to the rear lot line.

Accessory buildings, such as garages, shall have a rear yard of not less than ten feet, measured from the rear building line of such garage or accessory building to the rear lot line.

(4)

(5)

Maximum lot coverage.

Dwellings and buildings accessory thereto shall cover not more than 50 percent of the lot area.

All other main and accessory buildings, shall cover not more than 50 percent of the lot area.

(d)

(e)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(Ord. No. 2006-13, Pt. B, 4-18-06; Ord. No. 2012-10, § 1, 4-23-12)

Sec. 34-111. - R-1 Single-family residential district.

(a)

(b)

Permitted principal and accessory uses and structures. Within the R-1 Single-family residential district, no building, structure or land shall be used except for one or more of the following uses:

(1)

Single-family dwellings, including modular homes, and any customary single-family accessory buildings;

(2)

Public library, post office, and other government recreation or public and institutional uses provided they do not conflict with state law;

(3)

Parks, swimming pools, playgrounds and conservation areas;

(4)

Home daycare facilities in accordance with state law and schools excluding institutions of higher learning;

(5)

Special care housing with a maximum of six residents.

(c)

Permitted special exception. Permitted special exceptions in the R-1 district shall be as follows:

(1)

Churches and related activities pursuant to article V, division 3 of this Code;

(2)

Golf courses and related club house facilities;

(3)

Daycare centers;

(4)

Other uses not listed above that may be compatible with and compliment the permitted uses of the district as approved by the planning, zoning, and appeals board.

(d)

Area regulations. Area regulations within the R-1 Single-family residential district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 25 feet measured from the property line to the front building line.

(2)

(3)

Rear yard.

There shall be a rear yard for all main buildings of not less than 20 feet measured from the rear building line to the rear lot line.

(4)

(5)

Maximum lot coverage.

Dwellings and buildings accessory thereto shall cover not more than 50 percent of the lot area.

All other main and accessory buildings, shall cover not more than 50 percent of the lot area.

(e)

Height regulations. No building shall exceed 35 feet in height.

(f)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(LDC 1991, ch. 4, art. X, § I; Ord. No. 2005-22, Pt. A, 6-21-05; Ord. No. 2012-26, § 2, 10-22-12)

Sec. 34-112. - R-2 Multiple-family residential district.

(a)

(b)

Permitted principal and accessory uses and structures. Within any R-2 Multiple-family residential district, no building, structure, or land shall be used except for one or more of the following uses:

(1)

Any use permitted in the R-1 Single-family residential district;

(2)

Multiple-family dwelling structures;

(3)

Mobile home parks as regulated in article VI of this chapter;

(4)

Daycare centers;

(c)

Permitted special exception. Permitted special exceptions in the R-2 district shall be as follows:

(1)

Churches and related activities pursuant to article V, division 3 of this chapter; and

(2)

Boarding houses, rooming houses, lodging houses or dormitories provided that:

Rentals are made on a monthly, semi-annual, or annual basis. No hourly, daily, or weekly rentals permitted.

All rooms must be accessible from a single building entrance.

All shared facilities (i.e., bathrooms, laundry room, kitchen) must be internally accessible from all rooms.

There shall be no less than one bathroom containing a toilet, sink, and shower/tub provided per every four rooms.

(3)

Bed and breakfast inns;

(4)

Convenience stores without gas pumps.

(5)

Other uses not listed above that may be compatible with and compliment the permitted uses of the district as approved by the planning, zoning, and appeals board.

(d)

Area regulations.

(1)

Front yard. There shall be a front yard of at least 15 feet measured from the front property line to the front building line.

(2)

Side yard. There shall be a side yard of not less than ten feet for all residential and accessory buildings. All other permitted buildings shall have a side yard of not less than 20 feet. In the case of corner lots, no building, and no addition to any building shall be erected or placed nearer than 20 feet to the side street line of any such lot. Residential and accessory uses shall maintain a ten feet side yard setback or for nonconforming lots sideyard setbacks shall be ten percent of the lot width measured at the front setback line.

(3)

Rear yard.

There shall be a rear yard for all main buildings of at least ten feet measured from the rear building line to the rear lot line.

(4)

Building site area regulations.

For single-family dwellings, the minimum lot or building site shall be 5,000 square feet and have a width of not less than 50 feet measured at the front building line.

(5)

(e)

Height regulations. No buildings shall exceed 35 feet in height.

(f)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(LDC 1991, ch. 4, art. X, § II; Ord. No. 2005-22, Pt. A, 6-21-05; Ord. No. 2012-26, § 3, 10-22-12)

Sec. 34-113. - R-3 Multiple-family (zero lot line) residential district.

(a)

Scope, purposes and intent. This section applies to the R-3 Multiple-family (zero lot line) residential district. The purpose and intent of the R-3 district is to:

(1)

Permit the construction of relatively high density townhouse type construction and low rise garden apartments on relatively large tracts of land in single or common ownership;

(2)

Require the preparation and approval of detailed site, landscape, traffic, parking and other plans deemed necessary parts of an overall development concept;

(3)

Require a sufficient amount of open space and recreation area to building areas;

(4)

Achieve a desirable aesthetic and functional relationship between buildings, yards, patios, parking areas, common open space, recreation areas and adjacent properties; and

(5)

Provide for a mixture of multi-unit dwellings where that mixture of land use exists or may be proposed. This district is compatible with the single-family medium density land use category.

(b)

Note: Zero lot line as defined in the Florida Building Code.

(1)

Single-family standard off-site construction dwelling, (off-site construction dwelling shall mean a dwelling which is not transported by permanent frame);

(2)

Multifamily standard off-site construction (same definition as above);

(3)

Attached single-family dwellings;

(4)

Essential utility services;

(5)

Excavations which comply with the stormwater management ordinance or site plan review procedures of this chapter;

(6)

Park and recreational areas accessory to residential developments.

(c)

Accessory uses. Accessory uses shall be customarily residential permitted uses including but not limited to:

(1)

Carports;

(2)

Garages;

(3)

Laundry rooms;

(4)

Maintenance buildings;

(5)

Recreation buildings;

(6)

Swimming pools;

(7)

Tennis courts.

(d)

Permitted special exception. Permitted special exceptions in the R-3 district shall be as follows:

(1)

Child care centers;

(2)

Excavation only for lakes or stormwater retention ponds;

(3)

Churches and related activities pursuant to article V, division 3 of this chapter.

(4)

Home occupations where the environment of the subdivision is not affected;

(5)

Public or private schools and related educational facilities;

(6)

Public utility stations;

(7)

Other uses not listed above that may be compatible with and compliment the permitted uses of the district as approved by the planning, zoning, and appeals board.

(e)

Dimensional requirements. The following special requirements shall apply in the R-3 district:

(1)

Minimum project size is one acre.

(2)

Maximum project density is eight dwellings per acre of land.

(3)

Maximum dwellings per building is six if the density is six or less dwellings per acre. Maximum dwellings per building is four if the density is eight dwellings per acre.

(4)

Minimum floor area:

600 square feet efficiency unit.

750 square feet one bedroom.

150 square feet each additional bedroom.

35 square feet each additional bathroom.

25 square feet each additional half bathroom.

(5)

(6)

Minimum building separation requirements: The front or rear of adjacent buildings must be 50 feet apart. There must be 25 feet between any other combination of principal building arrangements.

(7)

(8)

Each dwelling shall have a yard available of 120 square feet adjacent to such dwelling, not to be used for parking.

(9)

Minimum building setback requirements from drives and off-street parking areas is ten feet.

(10)

Project perimeter setback: No structure shall be located within 25 feet of the project's perimeter (outside boundary from property line).

(11)

(12)

Parking requirements are 1.5 spaces per dwelling unit plus one space per building owner or manager, if resident at the project.

(13)

Parking spaces shall be a minimum of nine feet by 20 feet (180 square feet), as regulated in article V, division 2, this chapter.

(14)

(15)

Prior to the issuance of a building permit, a final development plan review shall be conducted as set forth in chapter 22.

(f)

(g)

(1)

(2)

The architectural design of buildings should be developed with consideration given to the relationship of existing adjacent developments in terms of building heights, mass, texture, line and pattern.

(3)

The landscape architecture should be designed to encourage and enhance outdoor living space use.

(4)

Dwelling units should have good circulation, adequate light, heat and ventilation.

(5)

(h)

Final development plan review. Final site plan approval, meeting the requirements of the city building and zoning department and chapter 22 is required.

(LDC 1991, ch. 4, art. X, § II-A; Ord. No. 2005-22, Pt. A, 6-21-05; Ord. No. 2012-26, § 4, 10-22-12)

Sec. 34-114. - R-3A Multiple-family residential district.

(a)

(b)

(1)

Any use permitted in the R-1 Single-family residential district.

(2)

Multiple-family dwelling structures.

(3)

Mobile home parks as regulated in article VI of this chapter.

(c)

Permitted special exception. Permitted special exceptions in the R-3A district shall be as follows:

(1)

Churches and related activities pursuant to article V, division 3 of this chapter.

(2)

Rooming and boarding houses as per R-2.

(3)

Housing for the elderly.

(4)

Hotels and motels, 30 units maximum.

(5)

Professional and business offices.

(6)

(7)

Other uses not listed above that may be compatible with and compliment the permitted uses of the district as approved by the planning, zoning, and appeals board.

(d)

Area regulations. Area regulations within the R-3A Multiple-family residential district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 15 feet measured from the front property line to the front building line.

(2)

(3)

Rear yard.

There shall be a rear yard for all main buildings of not less than 20 feet measured from the rear building line to the rear lot line.

Accessory buildings shall have a rear yard of not less than ten feet measured from the rear building line to the rear lot line.

(4)

Building site area regulations.

For single and two-family dwellings, the minimum lot or building site shall be 10,000 square feet and have a width of not less than 100 feet measured at the front building line.

(5)

Maximum lot coverage. Dwellings and buildings accessory thereto shall cover not more than 50 percent of the lot area.

(e)

Height regulations. No buildings shall exceed 35 feet in height.

(f)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(LDC 1991, ch. 4, art. X, § II-B; Ord. No. 1996-2, § 1, 2-6-96; Ord. No. 2005-22, Pt. A, 6-21-05; Ord. No. 2012-26, § 5, 10-22-12)

Sec. 34-115. - R-3B Multiple-family residential district.

(a)

(b)

(1)

Any use permitted in the R-2 Single-family residential district.

(2)

Multiple-family dwelling structures.

(3)

Mobile home parks as regulated in article VI of this chapter.

(c)

Permitted special exception. Permitted special exceptions in the R-3B district shall be as follows:

(1)

Churches and related activities pursuant to article V, division 3 of this chapter.

(2)

Dry cleaning and laundry establishments.

(3)

Housing for the elderly.

(4)

Hotels and motels, 50 units maximum.

(5)

Professional and business offices.

(6)

Neighborhood retail and commercial uses such as, but not limited to, art supplies, photo studios, barber and beauty shops, baked goods, book stores, clothing stores, electronics stores, fine antiques, florists, gift shops, tailors and dressmakers, curio shops, pet supplies and grooming, shoe stores, travel agencies, and upholstery shops.

(7)

Restaurants and cafes.

(8)

Private club houses not operated for gain.

(9)

Convenience store with gas pumps.

(10)

Other uses not listed above that may be compatible with and compliment the permitted uses of the district as approved by the planning, zoning, and appeals board.

(d)

Area regulations. Area regulations within the R-3B Multiple-family residential district shall be as follows:

(1)

Front yard. There shall be a front yard of at least ten feet measured from the front property line to the front building line.

(2)

(3)

Rear yard.

There shall be a rear yard for all main buildings of at least ten feet measured from the rear building line to the rear lot line.

Accessory buildings shall have a rear yard of at least ten feet measured from the rear building line to the rear lot line.

(4)

Building site area regulations.

For single-family dwellings, the minimum lot or building site shall be 5,000 square feet and have a width of not less than 50 feet measured at the front building line.

(5)

Maximum lot coverage. Dwellings and buildings accessory thereto shall cover not more than 50 percent of the lot area.

(e)

Height regulations. No buildings shall exceed 35 feet in height.

(f)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(Ord. No. 2012-26, § 6, 10-22-12)

Sec. 34-116. - RMU Residential mixed use district.

(a)

(b)

Permitted principal and accessory uses and structures. Within the RMU district, no building, structure or land shall be used except for one or more of the following uses:

(1)

Multiple-family dwellings, and any customary residential accessory buildings;

(2)

Family dwellings above buildings with street level, commercial occupancy;

(3)

Public library, post office, and other government or public uses provided they do not conflict with state law;

(4)

Public recreation facilities including but not limited to parks, community centers, and swimming pools;

(5)

Business, professional, and medical offices;

(6)

General service and retail establishments;

(7)

Daycare facilities and congregate care facilities;

(8)

Hotels, motels, bed and breakfasts, and rooming houses per subsection 34-112(c)(2);

(9)

Restaurants and other eating establishments.

(c)

Permitted special exception. Permitted special exceptions in the district shall be as follows:

(1)

Churches and related activities pursuant to article V, division 3 of this chapter;

(2)

Single-family dwellings, including modular houses, and any customary single-family accessory buildings per section 34-111.

(3)

Other uses not listed above that may be compatible with the permitted uses of the district as approved by the planning, zoning, and appeals board.

(d)

Area regulations. Area regulations within the RMU district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than ten feet.

(2)

Side yard. There shall be a side yard of not less than ten feet.

(3)

Rear yard.

There shall be a rear yard for all main buildings of not less than 15 feet.

Accessory buildings shall have a rear yard of not less than ten feet measured from the rear building line to the rear lot line.

(4)

Building site area regulations.

For single and two-family dwellings, the minimum lot or building site shall be 10,000 square feet and have a width of not less than 100 feet measured at the front building line.

The floor area ratio (FAR) is limited to 0.2 FAR.

(5)

Maximum lot coverage. Dwellings and buildings accessory thereto shall cover not more than 40 percent of the lot area or the total impervious service cannot exceed 50 percent

(e)

Height regulations. No buildings shall exceed 35 feet in height or 40 feet in height for mixed-use buildings.

(f)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(g)

(Ord. No. 2012-31, § 2, 1-7-13)

Sec. 34-117. - B-1 Business district.

(a)

(b)

Permitted principal and accessory uses and structures. Within any B-1 Business district, no building, structure, or land shall be used except for one or more of the following uses:

(1)

Any retail business or commercial use which does not involve the manufacturing, harvesting, or processing of products from raw materials.

(2)

Personal service establishments including, but not limited to, barber shops, beauty salons, shoe repair.

(3)

Restaurants, cocktail lounges.

(4)

Hotels, motels, rooming houses, bed and breakfast inns, group homes, nursing homes, day care centers.

(5)

Hardware or building supply stores without outside storage.

(6)

Vehicle sales (except seasonal or temporary sales pursuant to subsection 34-117(d), services, parts, fuel and repair.

(7)

Private clubhouses not operated for gain.

(8)

Bakery (where goods are prepared for wholesale and/or retail distribution).

(9)

Dry cleaning, dyeing and laundry establishments.

(10)

(11)

(12)

Other uses similar in character to those listed above, which will not be noxious or offensive by reason of the emission of odor, dust, vibration, or noise and will not be injurious to the district.

(13)

(14)

Bowling alleys, game rooms or arcades for pool, billiards, and other coin operated machines.

(15)

Funeral homes with or without crematoriums.

(16)

Churches and accessory uses.

(17)

Adult arcade amusement centers in compliance with the Code of Ordinances section 14-121.

(18)

Tattoo studios or parlors and related uses.

The total number of tattoo studios and parlors permitted in this zoning district shall be limited to three.

(c)

Permitted special exception. Permitted special exceptions, which are subject to approval by the planning, zoning and appeals board, in the B-1 district shall be as follows:

(1)

Single-family per section 34-111.

(2)

Uses permitted in the residential districts, and multifamily uses.

(3)

Other uses and structures not listed above that with certain restrictions can be compatible with the permitted uses of the district as determined by the planning, zoning and appeals board.

(4)

Mixed-use developments or projects.

(d)

Prohibited uses.

(1)

(e)

Area regulations. Area regulations within the B-1 Business district shall be as follows:

(1)

Front yard.

There shall be a front yard of not less than 25 feet measured from the property line to the front building line.

For platted parcels of less than 10,000 square feet and/or less than 100 feet in width, there shall be a front yard of not less than ten feet.

(2)

Side yard.

No side yards are required except for those lots whose side lot lines are on streets. Such lots shall have a ten-foot side yard.

When a lot in the B-1 Business district abuts a residential district, there shall be a side yard of not less than 15 feet.

(3)

Rear yard. There shall be a rear yard of not less than ten feet unless abutting an alley.

(4)

Building site area regulations.

For single and two-family dwellings, the minimum lot or building site shall be 10,000 square feet and have a width of not less than 100 feet measured at the front building line.

The floor area ratio (FAR) is limited to 0.4 FAR.

(5)

Maximum lot coverage. Main and accessory buildings shall cover no more than 50 percent of the total lot area with a maximum of 60 percent impervious area.

(f)

Height regulations. No building shall exceed 35 feet in height or 40 feet in height for mixed-use buildings.

(g)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

Editor's note— Section 2 of Ord. No. 2012-31, adopted Jan. 7, 2013, amended and renumbered former § 34-115 as § 34-117.

Sec. 34-118. - B-2 Business district.

(a)

(b)

Permitted principal and accessory uses and structures. Within any B-2 district, no building, structure, or land shall be used except for one or more of the following uses:

(1)

Churches and accessory uses.

(2)

Any use permitted within the O-1 Office, medical and related services district.

(3)

Public library, post office, and other government or public uses provided they do not conflict with state law.

(4)

Public or private schools and daycare centers.

(5)

Eat-in restaurants, cafes, catering services, and carry out restaurants.

(6)

Convenience stores with or without gas pumps or general goods stores.

(7)

Retail or commercial specialty stores.

(c)

Permitted special exception. Permitted special exceptions, which are subject to approval by the local planning agency, in the B-2 district shall be as follows:

(1)

Rooming house, lodging house, and dormitory subject to the following minimum requirements:

Rentals must be made on a monthly, semi-annual, or annual basis. No hourly, daily, or weekly rentals permitted.

All rooms must be accessible from a single building entrance.

All shared facilities (i.e., bathrooms, laundry room, kitchen) must be internally accessible from all rooms.

There shall be no less than one bathroom containing a toilet, sink, and shower/tub provided per every four rooms.

An 8″ × 12″ sign shall be posted next to the front building entrance containing the name and phone number of the entity responsible for managing the property.

(2)

Any use permitted in [section] 34-111 R-1 Single-family residential district.

(3)

Multifamily uses.

(4)

Other uses and structures not listed above that with certain restrictions can be compatible with the permitted uses of the district as determined by the planning, zoning and appeals board.

(5)

A single permitted use in the district with a building exceeding 5,000 square feet of building area.

(6)

Mixed-use developments or projects.

(d)

Uses not permitted. The following uses are not permitted in the B-2 Business district:

(1)

(2)

Outside storage or displays of merchandise or supplies.

(e)

Area regulations. Area regulations within the B-2 Business district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 25 feet measured from the property line to the front building line.

(2)

Side yard.

There shall be a side yard of not less than ten feet.

When a lot in the B-2 district abuts a residential district there shall be a 15-foot buffer area.

(3)

Rear yard.

There shall be rear yard of not less than 25 feet.

Where a lot in the B-2 district abuts a residential district there shall be one buffer area within the 25-foot setback.

(4)

Building site regulations. The minimum lot or building site area shall be 10,000 square feet and have a width of 100 feet measured at the front building line.

For single and two-family dwellings, the minimum lot or building site shall be 10,000 square feet and have a width of not less than 100 feet measured at the front building line.

The floor area ratio (FAR) is limited to 0.2 FAR.

(5)

Maximum lot coverage. All main and accessory buildings shall not cover more than 40 percent of the lot area with a maximum of 50 percent impervious area.

(6)

Ingress and egress.

All corner lots shall have ingress and egress restricted to side streets.

Lots that are not on a corner shall be restricted to one 24-foot wide driveway.

Interior lots not on a corner will be encouraged to have shared driveways.

(f)

Height regulations. No building shall exceed 35 feet in height or 40 feet in height for mixed-use buildings.

(g)

Parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

(Ord. No. 1993-6, § 4, 3-16-93; Ord. No. 2010-18, § 1, 1-10-11; Ord. No. 2012-31, § 2, 1-7-13)

Editor's note— Section 2 of Ord. No. 2012-31, adopted Jan. 7, 2013, amended and renumbered former § 34-116 as § 34-118.

Sec. 34-119. - O-1 Office, medical and related services district.

(a)

(b)

(1)

Professional and business offices, which shall include, but not be limited to, offices for lawyers, architects, engineers, insurance and real estate agents.

(2)

Hospital, clinics, and medical and dental offices.

(3)

Undertaking establishments and funeral homes.

(4)

Drug stores in connection with medical clinics.

(5)

Public buildings.

(6)

Banks and other financial institutions.

(7)

Other uses similar in character to those enumerated above, and which is the opinion of the planning, zoning and appeals board will not be injurious to the district.

(c)

Permitted special exception. Permitted special exceptions, which are subject to approval by the planning, zoning and appeals board, in the O-1 district shall be as follows:

(1)

Any use permitted in the [section] 34-111 R-1 Single-family residential district.

(2)

Multifamily uses.

(3)

Other uses and structures not listed above that with certain restrictions can be compatible with the permitted uses of the district as determined by the planning, zoning and appeals board.

(d)

Area regulations. Area regulations within the O-1 Office, medical and related services district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 25 feet measured from the property line to the front building line.

(2)

Side yard. There shall be a side yard of not less than ten feet.

(3)

Rear yard. There shall be a rear yard of not less than 25 feet.

(4)

Building site area regulations. The minimum lot or building site area shall be 10,000 square feet and have a width of not less than 100 feet measured at the front building line.

For single and two-family dwellings, the minimum lot or building site shall be 10,000 square feet and have a width of not less than 100 feet measured at the front building line.

The floor area ratio (FAR) is limited to 0.2 FAR.

(5)

Maximum lot coverage. All main and accessory buildings shall not cover more than 40 percent of the lot area with a maximum of 50 percent impervious area.

(e)

Height regulations. No building shall exceed 35 feet in height.

(f)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(LDC 1991, ch. 4, art. X, § V; Ord. No. 2012-31, § 2, 1-7-13)

Editor's note— Section 2 of Ord. No. 2012-31, adopted Jan. 7, 2013, amended and renumbered former § 34-117 as § 34-119.

Sec. 34-120. - L-1 Light industrial district.

(a)

(b)

Permitted principal and accessory uses and structures. The following uses shall be permitted in the L-1 Light industrial district.

(1)

Cold storage and frozen food lockers.

(2)

Retail and wholesale sales, with shop and/or outside display of product.

(3)

Printing, lithographing, publishing or similar establishments.

(4)

Tattoo parlors and related uses.

(5)

Industrial equipment, sales and repair associated with the sale of the equipment. No junk equipment is allowed to be stored on premises.

(6)

Construction contractors and similar contractors, yards and related activities, such storage of building supplies and materials including outside storage of equipment and materials.

(7)

Pest control establishments.

(8)

Light manufacturing such as electronic equipment assembly, instrument, optical goods.

(9)

Auto detailing and upholstery.

(10)

Any commercial use allowed in the city's B-1, B-2 or O-1 commercial zoning districts.

(11)

Adult entertainment, game rooms, dance halls, and related adult entertainment businesses with the following exceptions:

(12)

Machine shop.

(13)

Manufacture of pottery or other ceramic products.

(14)

Moving and storage companies.

(15)

Plumbing supply.

(16)

Rental of trailers and trucks.

(17)

Rug cleaning establishments.

(18)

Sign painting and service.

(19)

Swimming pool sales, installation and service.

(20)

Trade shops, including tinsmith, cabinetmaker, rug and carpet cleaning, electrical, roofing, sheet metal, welding and plumbing shops.

(21)

Welding or soldering shops.

(22)

Wholesale commercial activities.

(23)

Wholesale houses and distributors.

(24)

Wholesale nurseries, greenhouses, and landscape services.

(25)

Vehicle sales, rental, service, and repair, including new or used automobiles, boats, buses, farm equipment, motorcycles, trailers, trucks, and recreational vehicles.

(26)

Mobile homes sales.

(27)

Automotive general repairs and paint and body shop. Any open storage of wrecked, dismantled, or inoperable cars or vehicles must be screened from the public view by a six-foot enclosed fence.

(28)

Other uses of the same general character as those listed above deemed appropriate by the planning, zoning and appeals board.

(29)

Adult arcade amusement centers compliant with Code of Ordinances section 14-121.

(30)

Churches and related activities pursuant to article V, division 3, of this chapter.

(31)

Outside storage is allowable provided that:

The storage is visually screened from roadways and neighboring properties by a solid fence of six-foot in height or thick vegetation buffer.

Any storage greater than six feet in height is setback from all property lines a minimum of ten feet.

The storage is no greater than 15 feet in height.

The storage is not land clearing debris, construction debris, recyclables, trash, garbage or other materials typically disposed of at a Class I or higher landfill.

(32)

Recreational facilities.

(33)

Vocational, technical, trade or industrial schools and similar uses.

(34)

Manufactured buildings are allowable provided that:

The building is secured to a foundation or attached to an approved anchorage;

The axle and hitch will be removed from the building;

The building is skirted or placed on a solid concrete block wall or foundation;

If a multi-section construction, once together and sealed the building becomes one integrated wall, floor and roof assembly;

Meets the current building code; and

The building shall be visually screened if seen from SR100, US1 or SR11 by a solid fence of six-foot in height or an equivalent thick vegetation buffer.

(c)

Permitted special exception. Permitted special exceptions, which are subject to approval by the local planning agency, in the L-1 district shall be as follows:

(1)

Tractor trailer storage yards meeting the requirements listed below:

The parking and storage facilities must be visually screened from roadways and neighboring properties by a solid fence of six-foot in height or thick vegetation buffer.

Restroom facilities with a potable water source and sanitary sewer services shall be provided for employees and patrons.

Adequate, enclosed trash storage facilities shall be provided on the site.

Tractor trailers must be setback from all property lines a minimum often feet.

(2)

Junkyards or automotive wrecking or salvage yards meeting the minimum requirements listed below:

The materials or vehicles are visually screened from roadways and neighboring properties by a solid fence of six-foot in height or thick vegetation buffer.

Materials or stacked vehicles greater than six feet in height shall be setback from all property lines a minimum often feet.

Materials or stacked vehicles shall not exceed 15 feet in height.

Junkyards or automotive wrecking or salvage yards shall not be visible from US1, State Road 100, or State Road 11.

(3)

Miscellaneous uses, such as, express office, telephone exchange, commercial parking lots, and parking garages, motor bus or truck or other transportation terminal.

(4)

(5)

Solid waste management facilities subject to meeting the following minimum criteria:

A scale for weighing material delivered to the site may be required as determined through the city facility operating permit process.

Restroom facilities shall be provided for employees and patrons connected to potable water and sanitary sewer services.

Solid waste management facilities must abide by all other sections in chapter 50 of the Code of Ordinances.

Hazardous waste and medical waste transfer facilities must also be approved by the city commission.

(6)

Other uses and structures not listed above that with certain restrictions can be compatible with the permitted uses of the district as determined by the planning, zoning and appeals board.

(d)

(1)

Noise. Every use shall be operated in compliance with the noise regulations specified in sections 26-196 through 26-203 in the City of Bunnell Code of Ordinances.

(2)

(3)

Smoke. No smoke shall be emitted greater than number 1 on the Ringelmann Smoke Chart.

(4)

Determine maximum emission in pounds per hour for each source of emission and divide this figure by the acres in the lot area, thereby obtaining the gross hourly rate of emission, in pounds per acre.

For each gross hourly rate of emission, deduct the height of emission collection factor from the following table, interpolating as necessary for heights not given.

ALLOWANCES FOR HEIGHT OF EMISSION

Height of Emission Above Grade (Feet)	Collection (Pounds per Hour per Acre)
50	0.01
100	0.06
150	0.10
200	0.16
300	0.30
400	0.50
The result is the hourly rate of emission in pounds per acre for each source of emission.

Adding together individual net rates of emission gives the total new rate of emission from all sources of emission within the boundaries of the lot.

The total net rate of emission from all sources within the boundaries of a lot or tract in question shall not exceed one pound per acre of lot area during any one hour.

The emission, from all sources within any lot area, or particulate matter containing more than ten percent by weight of particles having a diameter larger than 44 microns is prohibited.

(5)

Industrial wastes. There shall be no discharge at any point of liquid or solid wastes into any public sewage disposal system which will overload such system or create detrimental effects on the flow and treatment of public sewage, pursuant to sections 66-227 through 66-228 of the City of Bunnell Code of Ordinances. There shall be no discharge of any industrial wastes into any private sewage disposal system, stream, or into the ground of a kind or nature which may contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements or solid wastes conducive to the breeding of rodents or insects.

(6)

Odor means a sensation resulting from stimulation of the human olfactory organ or a quantifiable level of chemical, fume or gas.

Objectionable odor means irritating, malodorous or nauseous odor which, by itself, or in combination with odors, fumes or gases exists in the atmosphere in sufficient quantities and of such duration:

Exceeds an acceptable level;

Is irritating, annoying or offensive to a person of normal sensibilities;

Is injurious to human, plant or animal life;

Unreasonably interferes with the comfortable use and enjoyment of life property or the conduct of business.

Lessen the normal food and water intake of persons of normal sensitivities;

Produce irritation of the upper respiratory tract in persons of normal sensitivities;

Produce symptoms of nausea in persons of normal sensitivities;

Cause injury or damage to real property, personal property, or human, animal or plant life of any kind;

Cause harm to the health of persons of normal sensitivity; or

Procedures for odor complaint verification.

Is this odor irritating, annoying or offensive to you?

Y___ N___ Describe:

Is the odor injurious to your health?

Y___ N___ Describe:

Is the odor injurious to plant or animal life?

Y___ N___ Describe:

Does the odor interfere with the enjoyment of property?

Y___ N___ Describe:

Does the odor interfere with the use and enjoyment of property?

Y___ N___ Describe:

Does the odor interfere with the conduct of business?

Y___ N___ Describe:

After recording initial data as described above, the code enforcement officer will attempt to interview the complainant, if the complainant is available on or near the scene of the reported exposure.

If no odor has been detected within a general vicinity of the reported site, the code enforcement officer will close the investigation.

10.

11.

Upon completion of the investigation, the code enforcement officer will promptly document the findings on the complaint form, while details are still fresh in mind.

12.

Safety. Investigation of odor complaints shall be conducted so as not to jeopardize the safety of the code enforcement officer.

(7)

(8)

(9)

(10)

(11)

ii.

iii.

Replacement of any existing storage system for hazardous materials shall comply with the new installation standards.

Out-of-service storage systems.

Storage systems which are temporarily out of service, and are intended to be returned to use, shall continue to be monitored and inspected.

Whenever an abandoned storage system is located, a plan for the closure or removal or upgrading and permitting of such storage system shall be filed at a reasonable time as determined by the city.

(e)

Area regulations. Area regulations within the L-1 Light industrial district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 40 feet measured from the property line to the front building line.

(2)

Side yard.

There shall be a side yard of not less than ten feet. Lots whose side lot lines are intersecting streets shall have a 20-foot side yard.

When a lot in the L-1 Light industrial district abuts a residential district there shall be a side yard of not less than 35 feet.

When a lot in the L-1 Light industrial district abuts a railroad right-of-way no side yard is required.

(3)

Rear yard.

There shall be a rear yard of not less than ten feet except where the rear lot line is a railroad right-of-way and, in that case, no rear yard is required.

Lots which abut a residential district shall provide a rear yard of at least 20 feet, and shall include a buffer of a fence at least six feet in height and approved by the city.

(4)

Maximum lot coverage. Main and accessory buildings shall cover no more than 65 percent of the total lot area with an impervious surface limitation of 70 percent.

(5)

Building site area regulations. The minimum lot or building site area shall be 15,000 square feet and have a width of not less than 80 feet measured at the front of the building line.

(6)

[Floor area ratio.] The floor area ratio (FAR) is limited to 0.5 FAR.

(f)

Height regulations. No main building or tower or structure shall exceed 35 feet in height.

(g)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

Editor's note— Section 2 of Ord. No. 2013-08, adopted Feb. 25, 2013, amended and renumbered former § 34-118 as § 34-120.

Sec. 34-121. - L-2 Heavy industrial district.

(a)

(b)

Permitted principal and accessory uses and structures. The following uses shall be permitted in the L-2 Heavy industrial district.

(1)

(2)

Junk yards or automotive wrecking or salvage yards.

(3)

Solid waste management facilities subject to meeting the following minimum criteria:

A scale for weighing material delivered to the site may be required as determined through the city facility operating permit process.

Restroom facilities shall be provided for employees and patrons connected to potable water and sanitary sewer services.

Solid waste management facilities must abide by all other sections in chapter 50 of the Code of Ordinances.

Hazardous waste and medical waste transfer facilities must also be approved by the city commission.

(4)

Tire retreading and recapping shops.

(5)

Truck and freight terminals and truck scales.

(6)

Boatbuilding.

(7)

Chemical production plants.

(8)

Manufacturing involving the use of cranes and bulldozers.

(9)

Energy solution facilities.

(10)

Blacksmith shops.

(11)

Iron, ornamentation manufacturing.

(12)

Sheetmetal products manufacturing.

(13)

Planning and millwork manufacturers.

(14)

Culvert manufacturing, concrete forming and fabrication operations.

(15)

Bulk storage yards, not including bulk storage of flammable liquids and acids.

(16)

Other uses of the same general character as those listed above deemed appropriate by the planning, zoning and appeals board.

(17)

Manufactured buildings are allowable provided that:

The building is secured to a foundation or attached to an approved anchorage;

The axle and hitch will be removed from the building;

The building is skirted or placed on a solid concrete block wall or foundation;

If a multi-section construction, once together and sealed the building becomes one integrated wall, floor and roof assembly;

Meets the current building code; and

The building shall be visually screened if seen from SR1 00, US1 or SR11 by a solid fence of six-foot in height or an equivalent thick vegetation buffer.

(c)

Permitted special exception. Permitted special exceptions, which are subject to approval by the local planning agency, in the L-2 district shall be as follows:

(1)

Other uses and structures not listed above that with certain restrictions can be compatible uses with other uses in the district as approved by the planning, zoning, and appeals board.

(2)

Accessory residential facilities for the use of watchmen or caretakers whose employment requires a residence on the premises.

(3)

Bulk storage yards for flammable liquids and acids.

(d)

(1)

Noise. Every use shall be operated in compliance with the noise regulations specified in sections 26-196 through 26-203 in the City of Bunnell Code of Ordinances.

(2)

(3)

Smoke. No smoke shall be emitted greater than number 1 on the Ringelmann Smoke Chart.

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(e)

Area regulations. Area regulations within the L-2 district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 40 feet measured from the property line to the front building line.

(2)

Side yard.

There shall be a side yard of not less than 20 feet. Lots whose side lot lines are intersecting streets shall have a 40-foot side yard.

When a lot in the L-2 district abuts a residential district there shall be a side yard of not less than 40 feet.

When a lot in the L-2 district abuts a railroad right-of-way no side yard is required.

(3)

Rear yard.

There shall be a rear yard of not less than 20 feet except where the rear lot line is a railroad right-of-way and, in that case, no rear yard is required.

(4)

Maximum lot coverage. Main and accessory buildings shall cover no more than 65 percent of the total lot area with an impervious surface limitation of 70 percent.

(5)

Building site area regulations. The minimum lot or building site area shall be one acre and have a width of not less than 100 feet measured at the front of the building line.

(6)

[Floor area ratio.] The floor area ratio (FAR) is limited to 0.5 FAR.

(f)

Height regulations. No main building or towers associated with commercial or industrial buildings shall exceed 50 feet in height; except wireless communication facilities per section 34-271.

(g)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

(i)

Design regulations. Any building located on a parcel adjacent to SR100, US1 or SR11, must have the front facade designed using an architectural finish (e.g., simulated stone or brick, natural stone veneers, masonry facades, insulated stucco finish, etc.) complete with architectural treatments (e.g., wainscoting, shutters, canopies, louvers, etc.) to ensure the building does not appear plain. In cases where the front facade (or main building entrance) is not facing the above-mentioned streets, both the front facade and the facade facing the above-mentioned streets must receive an architectural finish and treatments. In cases where there are multiple buildings on a parcel, only the buildings with frontage along the above-mentioned streets must meet this requirement.

(Ord. No. 2013-08, § 3, 2-25-13; Ord. No. 2014-09, § 2, 4-14-14; Ord. No. 2024-19, § 3, 10-28-24)

Sec. 34-122. - P Public district.

(a)

(b)

(c)

Intensity. The maximum intensity of activity shall be 0.6 FAR.

(LDC 1991, ch. 4, art. X, § VII; Ord. No. 2013-12, § 1, 4-8-13)

Editor's note— Section 1 of Ord. No. 2013-12, adopted April 8, 2013, amended and renumbered former § 34-119 as § 34-122.

Sec. 34-123. - REC Recreation district.

(a)

(b)

Area regulations. None.

(c)

Intensity. None.

(Ord. No. 2013-12, § 1, 4-8-13)

Sec. 34-124. - I Institutional district.

(a)

(b)

(c)

Intensity. The maximum intensity of activity shall be 0.5 FAR.

(Ord. No. 2013-12, § 1, 4-8-13)

Sec. 34-125. - Reserved.

Sec. 34-126. - C Conservation district.

(a)

(Ord. No. 2012-03, § 3, 3-12-12; Ord. No. 2013-12, § 2, 4-8-13; Ord. No. 2024-15, § 3, 9-9-24)

Editor's note— Section 2 of Ord. No. 2013-12, adopted April 8, 2013, renumbered former § 34-123 as § 34-126.

Sec. 34-141. - Definition.

In this division, "PUD" means planned unit development.

(LDC 1991, ch. 10, art. I, § II)

Cross reference— Definitions generally, § 1-2.

Sec. 34-142. - Scope.

This division applies to planned unit developments.

Sec. 34-143. - Unified ownership.

(LDC 1991, ch. 10, art. III)

Sec. 34-144. - Permitted uses.

(LDC 1991, ch. 10, art. IV)

Sec. 34-145. - Accessory uses.

Accessory uses permitted are uses customarily associated with, dependent on, and incidental to approved principle uses.

(LDC 1991, ch. 10, art. V)

Sec. 34-146. - Commercial activities.

(LDC 1991, ch. 10, art. VI)

Sec. 34-147. - Minimum parcel size.

(LDC 1991, ch. 10, art. VII)

Sec. 34-148. - Minimum lot area and yard requirements.

(LDC 1991, ch. 10, art. VIII)

Sec. 34-149. - Maximum building height.

(LDC 1991, ch. 10, art. IX)

Sec. 34-150. - Sign requirements.

Signs are permitted in accordance with those sections of chapter 26 covering similar uses, unless specifically addressed in the development agreement.

(LDC 1991, ch. 10, art. X)

Sec. 34-151. - Open space and common facilities requirements.

(1)

Common open space shall be dedicated to and usable by all residents of the planned unit development, or specific phase thereof.

(2)

Common open space must be developed for aesthetic, amenity or recreational purposes.

(3)

The location, shape size, and character of common open space must be shown on the plan.

(4)

Common open space must be suitably improved for its intended use. Common open space containing natural features worthy of preservation may be left unimproved.

(5)

Common open space shall not include any structures other than recreational or incidental maintenance buildings.

(6)

(LDC 1991, ch. 10, art. XI)

Sec. 34-152. - Underground utilities.

(LDC 1991, ch. 10, art. XII)

Sec. 34-153. - Application for rezoning or annexation into city as PUD.

(a)

Application information. Upon application for rezoning to the PUD district, the developer shall submit the seven copies of a proposed conceptual development plan to include:

(1)

Project name and name, address and telephone number of developer and design professionals.

(2)

General character of the proposed project including land uses, densities, ownership concept, design/landscape concepts, and any other information specific to the site or project.

(3)

North arrow, scale, vicinity map, names of abutting property owners, zoning of abutting properties, legal description, and location of all existing property improvements on or adjacent to the site.

(4)

(5)

Location of proposed access points and location of existing water, sewer, and drainage facilities that are proposed to be extended to the site.

(6)

Concept plan of proposed internal circulation, utility service, and drainage systems.

(7)

General character, size and location of buildings and parking areas for each proposed land use.

(8)

(9)

Proposed phasing of development and proposed number and character of owner associations.

(10)

Any other information deemed pertinent by the applicant, planning, zoning and appeals board or city commission.

(11)

Impact statement for level of service (LOS) standards.

(b)

(LDC 1991, ch. 10, art. XIII)

Sec. 34-154. - Final development plans.

(a)

(b)

(c)

(LDC 1991, ch. 10, art. XIV)

Sec. 34-155. - Review procedure.

(a)

(b)

(c)

(d)

(LDC 1991, ch. 10, art. XV)

Sec. 34-156 - RP-PUD Rural preservation—Planned unit development.

(1)

Preserve the rural character and promote rural economic activity;

(2)

Prevent urban sprawl by encouraging compact conservation-oriented development within the rural area of the city;

(3)

Provide continued opportunity for diverse forms of agriculture production;

(4)

Create a rural preservation program that supports continued agricultural and conservation activities within the city limits;

(5)

Offset biological and ecological impacts of new development;

(6)

Provide support to natural resources and green space in the form of linked networks and ecological systems;

(7)

Reduce automobile trips;

(8)

Provide a variety of housing types to support residents of diverse ages, incomes, family sizes, and lifestyles;

(9)

Create predictability and efficiency in planning and in the provision of infrastructure;

(10)

Allocate infrastructure and public service costs to provide for fiscal neutrality; and

(11)

Create a clear distinction between the city's agricultural and urban areas utilizing clustering principles to prevent sprawl.

(1)

The clustered development must be immediately contiguous to an existing, publicly maintained arterial road.

(2)

The development shall not be located close enough to existing agriculture to be affected by noise, odors, dust/debris, or any other occurrence or activity related to normal agriculture operations.

(3)

Lots within the development area shall not exceed one acre in size but may be less when served by water and sewer.

(4)

The total site must be divided so that 60 percent is open space 40 percent is developable. The clustered development must be entirely within the 40 percent.

Improve the viability of continued agricultural operations, reduce development pressure on prime agricultural land, and provide a mechanism for the long-term support and conservation of land.

Allow clustering of permitted lots, reduced lot sizes, neighborhood commercial and appropriate industrial uses, and incentives to support and direct agriculture and conservation land.

(Ord. No. 2012-03, § 4, 3-12-12)

Bunnell City Zoning Code

ARTICLE IV

DISTRICT REGULATIONS

Sec. 34-106. - AG&S Agricultural and silviculture district.

(a)

(b)

Permitted principal and accessory uses and structures:

(1)

Single-family residences, mobile and modular homes, and accessory uses;

(2)

Agricultural and silvicultural uses;

(3)

Nurseries, wholesale and retail;

(4)

Greenhouses;

(5)

Churches and their accessory uses;

(6)

Country clubs, hunting clubs, hunting areas, shooting ranges, golf courses;

(7)

Passive and active recreation facilities;

(8)

Public and private schools;

(9)

Farmers markets;

(10)

Equestrian facilities including riding academies, riding stables/grounds, boarding, and dude ranches;

(11)

Energy solution facilities;

(12)

Special care housing;

(13)

Public facilities;

(14)

Historic sites and museums;

(15)

Animal shelters, and kennels;

(16)

Veterinarian offices with or without boarding;

(17)

Participation in the rural preservation program including clustered conservation developments and rural nodes in accordance with the City of Bunnell Comprehensive Plan policies;

(18)

Rural subdivisions as outlined in the supplemental regulations;

(19)

Home occupations;

(20)

Farm machinery, manufacturers, and repair;

(21)

Machine shops, welding or soldering shops;

(22)

Sawmills, lumberyards, hardware and building supplies retail and wholesale sales;

(23)

Cemeteries subject to the following criteria:

The property must abut and be granted access from a public road.

The cemetery shall be buffered from adjacent properties by natural vegetation or shrubs a minimum of four feet high.

All structures shall be setback 50 feet from all property lines.

(24)

Animal or wildlife rescues or sanctuaries;

(25)

Accessory dwellings (e.g., guest houses, caretaker's quarters, security stations, etc.) subject to the following criteria:

Accessory dwellings shall remain accessory to and under the same ownership as the principal dwelling.

(26)

Seasonal farm worker housing;

(27)

Family homesteads as outlined in the supplemental regulations;

(28)

Daycares;

(29)

Grain blending and packaging;

(30)

Cold storage and frozen lockers, freezing, packaging, and distribution;

(31)

(32)

All permitted uses allowed in the Agriculture (Ag) zoning district.

(c)

Permitted special exceptions:

(1)

(2)

Junkyards meeting the minimum requirements listed below:

The materials or vehicles are visually screened from roadways and neighboring properties by a solid fence of six-foot in height or thick vegetation buffer.

Materials or stacked vehicles greater than six feet in height shall be setback from all property lines a minimum often feet.

Materials or stacked vehicles shall not exceed 15 feet in height.

Junkyards shall not be visible from US1, State Road 100, or State Road 11; and

The special exception must be reviewed by the city commission at an advertised public hearing to evaluate its compatibility with the surrounding area.

(3)

Any uses by special exception in the Agriculture (AG) zoning district that are not listed within this section;

(4)

Solid waste management facilities subject to meeting the following minimum criteria:

A scale for weighing material delivered to the site may be required as determined through the city facility operating permit process.

Solid waste management facilities must abide by all other sections in chapter 50 of the Code of Ordinances.

Hazardous waste and medical waste transfer facilities must also be approved by the city commission.

(5)

Other uses and structures not listed above that with certain restrictions can be compatible uses with other uses in the district as approved by the planning, zoning and appeals board.

(d)

Area regulations for single-family residences within the AG&S district shall be as follows:

(1)

Minimum lot size. Five acres.

(2)

Minimum lot width. 200 feet.

(3)

Maximum lot coverage. 35 percent for all principal and accessory buildings.

(4)

Building setbacks. These are considered minimum setbacks, but may be increased if appropriate to prevent interference with agricultural operations and appropriate buffers.

Front yard. There shall be a front yard of not less than 25 feet measured from the front property line to the front building line.

Rear yard.

There shall be a rear yard of all main buildings of not less than 20 feet from the rear building line to the rear lot line.

Accessory buildings, such as garages, shall have a rear yard of not less than ten feet, measured from the rear building line of such garage or accessory building to the rear lot line.

(e)

Area regulations for commercial uses within the AG&S district shall be as follows:

(1)

Minimum lot size. Half acre.

(2)

Minimum lot width. None.

(3)

Maximum lot coverage. 40 percent for all principal and accessory buildings.

(4)

Building setbacks.

Front yard. There shall be a front yard of not less than 25 feet measured from the property line to the front building line.

Side yard.

There shall be a side yard of not less than ten feet.

When a commercially used lot in the AG&S district abuts a residential use there shall be a 30-foot buffer area on the commercial property.

Rear yard.

There shall be a rear yard of not less than ten feet.

Where a commercially used lot in the AG&S district abuts a residential use there shall be a 30-foot buffer area on the commercial property.

(f)

(g)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

(Ord. No. 2012-03, § 2, 3-12-12; Ord. No. 2024-19, § 3, 10-28-24)

Sec. 34-107. - AG Agricultural district.

(a)

(b)

Permitted principal and accessory uses and structures. Within the agricultural district, no building, structure or land shall be used except for one or more of the following uses:

(1)

Agricultural uses;

(2)

Silviculture uses;

(3)

Ornamental horticulture, floriculture and nursery products, wholesale and retail;

(4)

Livestock;

(5)

Equestrian facilities including riding academies, riding stables/grounds, and boarding facilities;

(6)

Single-family residences, mobile and modular homes, and accessory uses;

(7)

Country clubs;

(8)

Passive and active recreational uses;

(9)

Hunting clubs and hunting areas, and shooting ranges;

(10)

Special care housing;

(11)

Churches and their accessory uses;

(12)

Energy solution facilities;

(13)

Farmer's market;

(14)

Public/private educational facilities;

(15)

Home occupations;

(16)

Family homesteads, as outlined in the supplemental regulations;

(17)

Rural subdivisions, as outlined in the supplemental regulations; and

(18)

Other similar and/or compatible uses and structures not listed above that are determined to be compatible with the scope of the district.

(c)

Permitted special exception. Permitted special exceptions in the AG district shall be as follows:

(1)

Cemeteries:

The property should abut and be granted access from a public road.

The cemetery shall be buffered from adjacent properties by natural vegetation or shrubs a minimum of four feet high.

All structures shall be setback 50 feet from all property lines.

(2)

Veterinarian offices, animal shelters, pet rescues, animal hospitals and kennels;

(3)

Seasonal farm worker housing;

(4)

Public/Private utility structures;

(5)

Solid waste management facilities subject to meeting the following minimum criteria:

A scale for weighing material delivered to the site may be required as determined through the city facility operating permit process.

Solid waste management facilities must abide by all other sections in chapter 50 of the Code of Ordinances.

Hazardous waste and medical waste transfer facilities must also be approved by the city commission.

(6)

Other uses and structures not listed above that with certain restrictions can be compatible uses with other uses in the district as approved by the planning, zoning and appeals board.

(d)

Area regulations. Area regulations within the AG district for single-family residential residences shall be as follows:

(1)

Minimum lot size. One acre.

(2)

Minimum lot width. 100 feet.

(3)

Maximum lot coverage.

Residential dwellings and buildings accessory thereto shall cover not more than 50 percent of the lot area.

All other main and accessory buildings, shall cover not more than 50 percent of the lot area.

(4)

Building setbacks:

Front yard. There shall be a front yard of not less than 25 feet measured from the front property line to the front building line.

Rear yard.

There shall be a rear yard of all main buildings of not less than 20 feet from the rear building line to the rear lot line.

Accessory buildings, such as garages, shall have a rear yard of not less than ten feet, measured from the rear building line of such garage or accessory building to the rear lot line.

(e)

(f)

Height regulations. No main building or towers (except agricultural structures) associated with residential buildings and/or accessory structures shall exceed 35 feet in height to the bottom of the third story windows, as applicable or as defined; except wireless communication facilities per Chapter 34-271.

(g)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

(Ord. No. 2006-13, Pt. B, 4-18-06; Ord. No. 2012-10, § 1, 4-23-12; Ord. No. 2024-15, § 3, 9-9-24; Ord. No. 2024-19, § 3, 10-28-24)

Editor's note— Section 1 of Ord. No. 2012-10, adopted April 23, 2012, amended and renumbered former § 34-108 as a new § 34-107.

Sec. 34-108. - ACI Agricultural community industrial district.

(a)

(b)

Permitted principal uses and structures:

(1)

All permitted uses allowed in the agriculture and silviculture (AG&S) zoning district;

(2)

Blacksmith shops;

(3)

Iron, ornamentation manufacturing;

(4)

Sheetmetal products manufacturing;

(5)

Planing and millwork manufacturers;

(6)

Culvert manufacturing, concrete forming and fabrication operations;

(7)

Energy solution facilities;

(8)

Hardware and building supply retail and wholesale stores, and distributors;

(9)

Industrial and agricultural equipment, sales and repair;

(10)

Exterminating office, storage and garage facilities;

(11)

Construction contractors, yards and related activities including outside storage;

(12)

Flex office/warehouse facilities, including outside storage;

(13)

Heavy truck sales, rental, storage or service establishments (not including salvage or junkyards);

(14)

Light manufacturing and manufacturing, including activities involving the fabricating, assembly or modification of parts, which have been manufactured off-site to make a complete product;

(15)

Other wholesale commercial activities and wholesale houses and distributors; and

(16)

Other similar and/or compatible uses and structures not listed above that are determined to be compatible with the scope of the district.

(c)

Permitted special exceptions:

(1)

Trade schools;

(2)

Mobile and modular home sales;

(3)

Junkyards meeting the minimum requirements listed below:

The materials or vehicles are visually screened from roadways and neighboring properties by a solid fence of six-foot in height or thick vegetation buffer.

Materials or stacked vehicles greater than six feet in height shall be setback from all property lines a minimum often feet.

Materials or stacked vehicles shall not exceed 15 feet in height.

Junkyards shall not be visible form US1, State Road 100, or State Road 11.

(4)

Mining, excavation and fill operations;

(5)

On-site caretaker's quarters, security stations;

(6)

Landfills, of which the special exception must be approved by the city commission at an advertised public hearing to evaluate its compatibility with the surrounding area;

(7)

Any uses by special exception in the agriculture and silviculture (AG&S) zoning district that are not listed within this section;

(8)

All permitted uses allowed in the light industrial (L-1) zoning district; and

(9)

Solid waste management facilities subject to meeting the following minimum criteria:

A scale for weighing material delivered to the site may be required as determined through the city facility operating permit process.

Solid waste management facilities must abide by all other sections in chapter 50 of the Code of Ordinances.

Hazardous waste and medical waste transfer facilities must also be approved by the city commission.

(10)

Other uses and structures not listed above that with certain restrictions can be compatible uses with other uses in the district as approved by the planning, zoning and appeals board.

(d)

(1)

Noise. Every use shall be operated in compliance with the noise regulations specified in sections 26-196 through 26-203 in the City of Bunnell Code of Ordinances.

(2)

(3)

Smoke. No smoke shall be emitted greater than number 1 on the Ringelmann Smoke Chart.

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(e)

Area regulations. Area regulations within the ACI district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 30 feet measured from the property line to the front building line.

(2)

Side yard.

There shall be a side yard of not less than ten feet. Lots whose side lot lines are intersecting streets shall have a 20-foot side yard.

When a lot in the ACI industrial district abuts a residential use there shall be a side yard of not less than 30 feet on the industrially designated property.

When a lot in the ACI industrial district abuts a railroad right-of-way no side yard is required.

(3)

Rear yard.

There shall be a rear yard of not less than ten feet except where the rear lot line is a railroad right-of-way and, in that case, no rear yard is required.

Lots which abut a residential use shall provide a rear yard of at least 20 feet, and shall include a buffer of an opaque fence at least six feet in height.

(4)

Maximum lot coverage. Main and accessory buildings shall cover no more than 65 percent of the total lot area.

(5)

Building site area regulations. The minimum lot or building site area shall be 15,000 square feet and have a width of not less than 100 feet measured at the front of the building line.

(f)

(g)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

(i)

(Ord. No. 2012-10, § 1, 4-23-12; Ord. No. 2024-19, § 3, 10-28-24)

Sec. 34-109. - ACC Agricultural community commercial district.

(a)

(b)

(1)

Convenience stores with or without gas pumps;

(2)

Feed stores, supply stores, hardware stores;

(3)

Farmer's market and/or co-op;

(4)

Ornamental horticulture, floriculture and nursery products, wholesale and retail;

(5)

Other commercial establishments that support agriculture;

(6)

Churches, and their accessory uses;

(7)

Hunting clubs and hunting areas and shooting ranges;

(8)

Public/private elementary, middle and high schools;

(9)

Daycares;

(10)

Restaurants under 50 seats;

(11)

Commercial and professional offices, including medical and dental offices;

(12)

Active and passive recreational uses;

(13)

Public/private utility facilities; and

(14)

Other similar and/or compatible uses and structures not listed above that are determined to be compatible with the scope of the district.

(c)

Permitted special exception. Permitted special exceptions in the ACC district shall be as follows:

(1)

Residential dwellings, mobile and modular homes, and accessory uses;

(2)

Residential dwellings accessory to commercial uses;

(3)

Kennels and veterinarian offices with or without boarding and with or without accessory residences;

(4)

Other uses and structures not listed above that with certain restrictions can be compatible uses with other uses in the district as approved by the planning, zoning, and appeals board.

(d)

Prohibited uses. The following principal and accessory uses are prohibited within the ACC agricultural community commercial district:

(1)

Solid waste management facilities.

(e)

Area regulations. Area regulations within the ACC district for single-family residential residences shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 25 feet measured from the front property line to the front building line.

(2)

(3)

Rear yard.

There shall be a rear yard of all main buildings of not less than ten feet from the rear building line to the rear lot line.

Accessory buildings, such as garages, shall have a rear yard of not less than ten feet, measured from the rear building line of such garage or accessory building to the rear lot line.

(4)

Building site area regulations. The maximum residential density of the ACC district is one dwelling unit per gross acre. The maximum floor area ratio of commercial structures is .40.

(5)

Maximum lot coverage.

Residential dwellings and buildings accessory thereto shall cover not more than 50 percent of the lot area. Commercial structures shall not cover more than 50 percent of the lot area.

All other main and accessory buildings, shall cover not more than 50 percent of the lot area.

(f)

(g)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

(Ord. No. 2006-13, Pt. B, 4-18-06; Ord. No. 2012-10, § 1, 4-23-12; Ord. No. 2024-19, § 3, 10-28-24)

Sec. 34-110. - RE Rural estate district.

(a)

(b)

Permitted principal and accessory uses and structures. Within the rural estate district, no building, structure or land shall be used except for one or more of the following uses:

(1)

Single-family residences and customary accessory uses;

(2)

Churches and country clubs;

(3)

Active and passive recreational uses;

(4)

Public/private elementary, middle and high schools;

(5)

Public/private utility facilities and structures; and

(6)

Other similar and/or compatible uses and structures not listed above that are determined to be compatible with the scope of the district.

(c)

Permitted special exception. Permitted special exceptions in the RE district shall be as follows:

(1)

Cemeteries.

The property should abut and be granted access from a public road.

The cemetery shall be buffered from adjacent properties by natural vegetation or shrubs a minimum of four feet high.

All structures shall be setback 50 feet from all property lines.

(2)

Equestrian facilities and structures and/or common facilities to serve neighborhoods;

(3)

Other uses and structures not listed above that with certain restrictions can be compatible uses with other uses in the district as approved by the planning, zoning, and appeals board.

(d)

Area regulations. Area regulations within the RE district for single-family residential residences shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 25 feet measured from the front property line to the front building line.

(2)

(3)

Rear yard.

There shall be a rear yard of all main buildings of not less than 20 feet from the rear building line to the rear lot line.

Accessory buildings, such as garages, shall have a rear yard of not less than ten feet, measured from the rear building line of such garage or accessory building to the rear lot line.

(4)

(5)

Maximum lot coverage.

Dwellings and buildings accessory thereto shall cover not more than 50 percent of the lot area.

All other main and accessory buildings, shall cover not more than 50 percent of the lot area.

(d)

(e)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(Ord. No. 2006-13, Pt. B, 4-18-06; Ord. No. 2012-10, § 1, 4-23-12)

Sec. 34-111. - R-1 Single-family residential district.

(a)

(b)

Permitted principal and accessory uses and structures. Within the R-1 Single-family residential district, no building, structure or land shall be used except for one or more of the following uses:

(1)

Single-family dwellings, including modular homes, and any customary single-family accessory buildings;

(2)

Public library, post office, and other government recreation or public and institutional uses provided they do not conflict with state law;

(3)

Parks, swimming pools, playgrounds and conservation areas;

(4)

Home daycare facilities in accordance with state law and schools excluding institutions of higher learning;

(5)

Special care housing with a maximum of six residents.

(c)

Permitted special exception. Permitted special exceptions in the R-1 district shall be as follows:

(1)

Churches and related activities pursuant to article V, division 3 of this Code;

(2)

Golf courses and related club house facilities;

(3)

Daycare centers;

(4)

Other uses not listed above that may be compatible with and compliment the permitted uses of the district as approved by the planning, zoning, and appeals board.

(d)

Area regulations. Area regulations within the R-1 Single-family residential district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 25 feet measured from the property line to the front building line.

(2)

(3)

Rear yard.

There shall be a rear yard for all main buildings of not less than 20 feet measured from the rear building line to the rear lot line.

(4)

(5)

Maximum lot coverage.

Dwellings and buildings accessory thereto shall cover not more than 50 percent of the lot area.

All other main and accessory buildings, shall cover not more than 50 percent of the lot area.

(e)

Height regulations. No building shall exceed 35 feet in height.

(f)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(LDC 1991, ch. 4, art. X, § I; Ord. No. 2005-22, Pt. A, 6-21-05; Ord. No. 2012-26, § 2, 10-22-12)

Sec. 34-112. - R-2 Multiple-family residential district.

(a)

(b)

Permitted principal and accessory uses and structures. Within any R-2 Multiple-family residential district, no building, structure, or land shall be used except for one or more of the following uses:

(1)

Any use permitted in the R-1 Single-family residential district;

(2)

Multiple-family dwelling structures;

(3)

Mobile home parks as regulated in article VI of this chapter;

(4)

Daycare centers;

(c)

Permitted special exception. Permitted special exceptions in the R-2 district shall be as follows:

(1)

Churches and related activities pursuant to article V, division 3 of this chapter; and

(2)

Boarding houses, rooming houses, lodging houses or dormitories provided that:

Rentals are made on a monthly, semi-annual, or annual basis. No hourly, daily, or weekly rentals permitted.

All rooms must be accessible from a single building entrance.

All shared facilities (i.e., bathrooms, laundry room, kitchen) must be internally accessible from all rooms.

There shall be no less than one bathroom containing a toilet, sink, and shower/tub provided per every four rooms.

(3)

Bed and breakfast inns;

(4)

Convenience stores without gas pumps.

(5)

Other uses not listed above that may be compatible with and compliment the permitted uses of the district as approved by the planning, zoning, and appeals board.

(d)

Area regulations.

(1)

Front yard. There shall be a front yard of at least 15 feet measured from the front property line to the front building line.

(2)

Side yard. There shall be a side yard of not less than ten feet for all residential and accessory buildings. All other permitted buildings shall have a side yard of not less than 20 feet. In the case of corner lots, no building, and no addition to any building shall be erected or placed nearer than 20 feet to the side street line of any such lot. Residential and accessory uses shall maintain a ten feet side yard setback or for nonconforming lots sideyard setbacks shall be ten percent of the lot width measured at the front setback line.

(3)

Rear yard.

There shall be a rear yard for all main buildings of at least ten feet measured from the rear building line to the rear lot line.

(4)

Building site area regulations.

For single-family dwellings, the minimum lot or building site shall be 5,000 square feet and have a width of not less than 50 feet measured at the front building line.

(5)

(e)

Height regulations. No buildings shall exceed 35 feet in height.

(f)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(LDC 1991, ch. 4, art. X, § II; Ord. No. 2005-22, Pt. A, 6-21-05; Ord. No. 2012-26, § 3, 10-22-12)

Sec. 34-113. - R-3 Multiple-family (zero lot line) residential district.

(a)

Scope, purposes and intent. This section applies to the R-3 Multiple-family (zero lot line) residential district. The purpose and intent of the R-3 district is to:

(1)

Permit the construction of relatively high density townhouse type construction and low rise garden apartments on relatively large tracts of land in single or common ownership;

(2)

Require the preparation and approval of detailed site, landscape, traffic, parking and other plans deemed necessary parts of an overall development concept;

(3)

Require a sufficient amount of open space and recreation area to building areas;

(4)

Achieve a desirable aesthetic and functional relationship between buildings, yards, patios, parking areas, common open space, recreation areas and adjacent properties; and

(5)

Provide for a mixture of multi-unit dwellings where that mixture of land use exists or may be proposed. This district is compatible with the single-family medium density land use category.

(b)

Note: Zero lot line as defined in the Florida Building Code.

(1)

Single-family standard off-site construction dwelling, (off-site construction dwelling shall mean a dwelling which is not transported by permanent frame);

(2)

Multifamily standard off-site construction (same definition as above);

(3)

Attached single-family dwellings;

(4)

Essential utility services;

(5)

Excavations which comply with the stormwater management ordinance or site plan review procedures of this chapter;

(6)

Park and recreational areas accessory to residential developments.

(c)

Accessory uses. Accessory uses shall be customarily residential permitted uses including but not limited to:

(1)

Carports;

(2)

Garages;

(3)

Laundry rooms;

(4)

Maintenance buildings;

(5)

Recreation buildings;

(6)

Swimming pools;

(7)

Tennis courts.

(d)

Permitted special exception. Permitted special exceptions in the R-3 district shall be as follows:

(1)

Child care centers;

(2)

Excavation only for lakes or stormwater retention ponds;

(3)

Churches and related activities pursuant to article V, division 3 of this chapter.

(4)

Home occupations where the environment of the subdivision is not affected;

(5)

Public or private schools and related educational facilities;

(6)

Public utility stations;

(7)

Other uses not listed above that may be compatible with and compliment the permitted uses of the district as approved by the planning, zoning, and appeals board.

(e)

Dimensional requirements. The following special requirements shall apply in the R-3 district:

(1)

Minimum project size is one acre.

(2)

Maximum project density is eight dwellings per acre of land.

(3)

Maximum dwellings per building is six if the density is six or less dwellings per acre. Maximum dwellings per building is four if the density is eight dwellings per acre.

(4)

Minimum floor area:

600 square feet efficiency unit.

750 square feet one bedroom.

150 square feet each additional bedroom.

35 square feet each additional bathroom.

25 square feet each additional half bathroom.

(5)

(6)

Minimum building separation requirements: The front or rear of adjacent buildings must be 50 feet apart. There must be 25 feet between any other combination of principal building arrangements.

(7)

(8)

Each dwelling shall have a yard available of 120 square feet adjacent to such dwelling, not to be used for parking.

(9)

Minimum building setback requirements from drives and off-street parking areas is ten feet.

(10)

Project perimeter setback: No structure shall be located within 25 feet of the project's perimeter (outside boundary from property line).

(11)

(12)

Parking requirements are 1.5 spaces per dwelling unit plus one space per building owner or manager, if resident at the project.

(13)

Parking spaces shall be a minimum of nine feet by 20 feet (180 square feet), as regulated in article V, division 2, this chapter.

(14)

(15)

Prior to the issuance of a building permit, a final development plan review shall be conducted as set forth in chapter 22.

(f)

(g)

(1)

(2)

The architectural design of buildings should be developed with consideration given to the relationship of existing adjacent developments in terms of building heights, mass, texture, line and pattern.

(3)

The landscape architecture should be designed to encourage and enhance outdoor living space use.

(4)

Dwelling units should have good circulation, adequate light, heat and ventilation.

(5)

(h)

Final development plan review. Final site plan approval, meeting the requirements of the city building and zoning department and chapter 22 is required.

(LDC 1991, ch. 4, art. X, § II-A; Ord. No. 2005-22, Pt. A, 6-21-05; Ord. No. 2012-26, § 4, 10-22-12)

Sec. 34-114. - R-3A Multiple-family residential district.

(a)

(b)

(1)

Any use permitted in the R-1 Single-family residential district.

(2)

Multiple-family dwelling structures.

(3)

Mobile home parks as regulated in article VI of this chapter.

(c)

Permitted special exception. Permitted special exceptions in the R-3A district shall be as follows:

(1)

Churches and related activities pursuant to article V, division 3 of this chapter.

(2)

Rooming and boarding houses as per R-2.

(3)

Housing for the elderly.

(4)

Hotels and motels, 30 units maximum.

(5)

Professional and business offices.

(6)

(7)

Other uses not listed above that may be compatible with and compliment the permitted uses of the district as approved by the planning, zoning, and appeals board.

(d)

Area regulations. Area regulations within the R-3A Multiple-family residential district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 15 feet measured from the front property line to the front building line.

(2)

(3)

Rear yard.

There shall be a rear yard for all main buildings of not less than 20 feet measured from the rear building line to the rear lot line.

Accessory buildings shall have a rear yard of not less than ten feet measured from the rear building line to the rear lot line.

(4)

Building site area regulations.

For single and two-family dwellings, the minimum lot or building site shall be 10,000 square feet and have a width of not less than 100 feet measured at the front building line.

(5)

Maximum lot coverage. Dwellings and buildings accessory thereto shall cover not more than 50 percent of the lot area.

(e)

Height regulations. No buildings shall exceed 35 feet in height.

(f)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(LDC 1991, ch. 4, art. X, § II-B; Ord. No. 1996-2, § 1, 2-6-96; Ord. No. 2005-22, Pt. A, 6-21-05; Ord. No. 2012-26, § 5, 10-22-12)

Sec. 34-115. - R-3B Multiple-family residential district.

(a)

(b)

(1)

Any use permitted in the R-2 Single-family residential district.

(2)

Multiple-family dwelling structures.

(3)

Mobile home parks as regulated in article VI of this chapter.

(c)

Permitted special exception. Permitted special exceptions in the R-3B district shall be as follows:

(1)

Churches and related activities pursuant to article V, division 3 of this chapter.

(2)

Dry cleaning and laundry establishments.

(3)

Housing for the elderly.

(4)

Hotels and motels, 50 units maximum.

(5)

Professional and business offices.

(6)

Neighborhood retail and commercial uses such as, but not limited to, art supplies, photo studios, barber and beauty shops, baked goods, book stores, clothing stores, electronics stores, fine antiques, florists, gift shops, tailors and dressmakers, curio shops, pet supplies and grooming, shoe stores, travel agencies, and upholstery shops.

(7)

Restaurants and cafes.

(8)

Private club houses not operated for gain.

(9)

Convenience store with gas pumps.

(10)

Other uses not listed above that may be compatible with and compliment the permitted uses of the district as approved by the planning, zoning, and appeals board.

(d)

Area regulations. Area regulations within the R-3B Multiple-family residential district shall be as follows:

(1)

Front yard. There shall be a front yard of at least ten feet measured from the front property line to the front building line.

(2)

(3)

Rear yard.

There shall be a rear yard for all main buildings of at least ten feet measured from the rear building line to the rear lot line.

Accessory buildings shall have a rear yard of at least ten feet measured from the rear building line to the rear lot line.

(4)

Building site area regulations.

For single-family dwellings, the minimum lot or building site shall be 5,000 square feet and have a width of not less than 50 feet measured at the front building line.

(5)

Maximum lot coverage. Dwellings and buildings accessory thereto shall cover not more than 50 percent of the lot area.

(e)

Height regulations. No buildings shall exceed 35 feet in height.

(f)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(Ord. No. 2012-26, § 6, 10-22-12)

Sec. 34-116. - RMU Residential mixed use district.

(a)

(b)

Permitted principal and accessory uses and structures. Within the RMU district, no building, structure or land shall be used except for one or more of the following uses:

(1)

Multiple-family dwellings, and any customary residential accessory buildings;

(2)

Family dwellings above buildings with street level, commercial occupancy;

(3)

Public library, post office, and other government or public uses provided they do not conflict with state law;

(4)

Public recreation facilities including but not limited to parks, community centers, and swimming pools;

(5)

Business, professional, and medical offices;

(6)

General service and retail establishments;

(7)

Daycare facilities and congregate care facilities;

(8)

Hotels, motels, bed and breakfasts, and rooming houses per subsection 34-112(c)(2);

(9)

Restaurants and other eating establishments.

(c)

Permitted special exception. Permitted special exceptions in the district shall be as follows:

(1)

Churches and related activities pursuant to article V, division 3 of this chapter;

(2)

Single-family dwellings, including modular houses, and any customary single-family accessory buildings per section 34-111.

(3)

Other uses not listed above that may be compatible with the permitted uses of the district as approved by the planning, zoning, and appeals board.

(d)

Area regulations. Area regulations within the RMU district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than ten feet.

(2)

Side yard. There shall be a side yard of not less than ten feet.

(3)

Rear yard.

There shall be a rear yard for all main buildings of not less than 15 feet.

Accessory buildings shall have a rear yard of not less than ten feet measured from the rear building line to the rear lot line.

(4)

Building site area regulations.

For single and two-family dwellings, the minimum lot or building site shall be 10,000 square feet and have a width of not less than 100 feet measured at the front building line.

The floor area ratio (FAR) is limited to 0.2 FAR.

(5)

Maximum lot coverage. Dwellings and buildings accessory thereto shall cover not more than 40 percent of the lot area or the total impervious service cannot exceed 50 percent

(e)

Height regulations. No buildings shall exceed 35 feet in height or 40 feet in height for mixed-use buildings.

(f)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(g)

(Ord. No. 2012-31, § 2, 1-7-13)

Sec. 34-117. - B-1 Business district.

(a)

(b)

Permitted principal and accessory uses and structures. Within any B-1 Business district, no building, structure, or land shall be used except for one or more of the following uses:

(1)

Any retail business or commercial use which does not involve the manufacturing, harvesting, or processing of products from raw materials.

(2)

Personal service establishments including, but not limited to, barber shops, beauty salons, shoe repair.

(3)

Restaurants, cocktail lounges.

(4)

Hotels, motels, rooming houses, bed and breakfast inns, group homes, nursing homes, day care centers.

(5)

Hardware or building supply stores without outside storage.

(6)

Vehicle sales (except seasonal or temporary sales pursuant to subsection 34-117(d), services, parts, fuel and repair.

(7)

Private clubhouses not operated for gain.

(8)

Bakery (where goods are prepared for wholesale and/or retail distribution).

(9)

Dry cleaning, dyeing and laundry establishments.

(10)

(11)

(12)

Other uses similar in character to those listed above, which will not be noxious or offensive by reason of the emission of odor, dust, vibration, or noise and will not be injurious to the district.

(13)

(14)

Bowling alleys, game rooms or arcades for pool, billiards, and other coin operated machines.

(15)

Funeral homes with or without crematoriums.

(16)

Churches and accessory uses.

(17)

Adult arcade amusement centers in compliance with the Code of Ordinances section 14-121.

(18)

Tattoo studios or parlors and related uses.

The total number of tattoo studios and parlors permitted in this zoning district shall be limited to three.

(c)

Permitted special exception. Permitted special exceptions, which are subject to approval by the planning, zoning and appeals board, in the B-1 district shall be as follows:

(1)

Single-family per section 34-111.

(2)

Uses permitted in the residential districts, and multifamily uses.

(3)

Other uses and structures not listed above that with certain restrictions can be compatible with the permitted uses of the district as determined by the planning, zoning and appeals board.

(4)

Mixed-use developments or projects.

(d)

Prohibited uses.

(1)

(e)

Area regulations. Area regulations within the B-1 Business district shall be as follows:

(1)

Front yard.

There shall be a front yard of not less than 25 feet measured from the property line to the front building line.

For platted parcels of less than 10,000 square feet and/or less than 100 feet in width, there shall be a front yard of not less than ten feet.

(2)

Side yard.

No side yards are required except for those lots whose side lot lines are on streets. Such lots shall have a ten-foot side yard.

When a lot in the B-1 Business district abuts a residential district, there shall be a side yard of not less than 15 feet.

(3)

Rear yard. There shall be a rear yard of not less than ten feet unless abutting an alley.

(4)

Building site area regulations.

For single and two-family dwellings, the minimum lot or building site shall be 10,000 square feet and have a width of not less than 100 feet measured at the front building line.

The floor area ratio (FAR) is limited to 0.4 FAR.

(5)

Maximum lot coverage. Main and accessory buildings shall cover no more than 50 percent of the total lot area with a maximum of 60 percent impervious area.

(f)

Height regulations. No building shall exceed 35 feet in height or 40 feet in height for mixed-use buildings.

(g)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

Editor's note— Section 2 of Ord. No. 2012-31, adopted Jan. 7, 2013, amended and renumbered former § 34-115 as § 34-117.

Sec. 34-118. - B-2 Business district.

(a)

(b)

Permitted principal and accessory uses and structures. Within any B-2 district, no building, structure, or land shall be used except for one or more of the following uses:

(1)

Churches and accessory uses.

(2)

Any use permitted within the O-1 Office, medical and related services district.

(3)

Public library, post office, and other government or public uses provided they do not conflict with state law.

(4)

Public or private schools and daycare centers.

(5)

Eat-in restaurants, cafes, catering services, and carry out restaurants.

(6)

Convenience stores with or without gas pumps or general goods stores.

(7)

Retail or commercial specialty stores.

(c)

Permitted special exception. Permitted special exceptions, which are subject to approval by the local planning agency, in the B-2 district shall be as follows:

(1)

Rooming house, lodging house, and dormitory subject to the following minimum requirements:

Rentals must be made on a monthly, semi-annual, or annual basis. No hourly, daily, or weekly rentals permitted.

All rooms must be accessible from a single building entrance.

All shared facilities (i.e., bathrooms, laundry room, kitchen) must be internally accessible from all rooms.

There shall be no less than one bathroom containing a toilet, sink, and shower/tub provided per every four rooms.

An 8″ × 12″ sign shall be posted next to the front building entrance containing the name and phone number of the entity responsible for managing the property.

(2)

Any use permitted in [section] 34-111 R-1 Single-family residential district.

(3)

Multifamily uses.

(4)

Other uses and structures not listed above that with certain restrictions can be compatible with the permitted uses of the district as determined by the planning, zoning and appeals board.

(5)

A single permitted use in the district with a building exceeding 5,000 square feet of building area.

(6)

Mixed-use developments or projects.

(d)

Uses not permitted. The following uses are not permitted in the B-2 Business district:

(1)

(2)

Outside storage or displays of merchandise or supplies.

(e)

Area regulations. Area regulations within the B-2 Business district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 25 feet measured from the property line to the front building line.

(2)

Side yard.

There shall be a side yard of not less than ten feet.

When a lot in the B-2 district abuts a residential district there shall be a 15-foot buffer area.

(3)

Rear yard.

There shall be rear yard of not less than 25 feet.

Where a lot in the B-2 district abuts a residential district there shall be one buffer area within the 25-foot setback.

(4)

Building site regulations. The minimum lot or building site area shall be 10,000 square feet and have a width of 100 feet measured at the front building line.

For single and two-family dwellings, the minimum lot or building site shall be 10,000 square feet and have a width of not less than 100 feet measured at the front building line.

The floor area ratio (FAR) is limited to 0.2 FAR.

(5)

Maximum lot coverage. All main and accessory buildings shall not cover more than 40 percent of the lot area with a maximum of 50 percent impervious area.

(6)

Ingress and egress.

All corner lots shall have ingress and egress restricted to side streets.

Lots that are not on a corner shall be restricted to one 24-foot wide driveway.

Interior lots not on a corner will be encouraged to have shared driveways.

(f)

Height regulations. No building shall exceed 35 feet in height or 40 feet in height for mixed-use buildings.

(g)

Parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

(Ord. No. 1993-6, § 4, 3-16-93; Ord. No. 2010-18, § 1, 1-10-11; Ord. No. 2012-31, § 2, 1-7-13)

Editor's note— Section 2 of Ord. No. 2012-31, adopted Jan. 7, 2013, amended and renumbered former § 34-116 as § 34-118.

Sec. 34-119. - O-1 Office, medical and related services district.

(a)

(b)

(1)

Professional and business offices, which shall include, but not be limited to, offices for lawyers, architects, engineers, insurance and real estate agents.

(2)

Hospital, clinics, and medical and dental offices.

(3)

Undertaking establishments and funeral homes.

(4)

Drug stores in connection with medical clinics.

(5)

Public buildings.

(6)

Banks and other financial institutions.

(7)

Other uses similar in character to those enumerated above, and which is the opinion of the planning, zoning and appeals board will not be injurious to the district.

(c)

Permitted special exception. Permitted special exceptions, which are subject to approval by the planning, zoning and appeals board, in the O-1 district shall be as follows:

(1)

Any use permitted in the [section] 34-111 R-1 Single-family residential district.

(2)

Multifamily uses.

(3)

Other uses and structures not listed above that with certain restrictions can be compatible with the permitted uses of the district as determined by the planning, zoning and appeals board.

(d)

Area regulations. Area regulations within the O-1 Office, medical and related services district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 25 feet measured from the property line to the front building line.

(2)

Side yard. There shall be a side yard of not less than ten feet.

(3)

Rear yard. There shall be a rear yard of not less than 25 feet.

(4)

Building site area regulations. The minimum lot or building site area shall be 10,000 square feet and have a width of not less than 100 feet measured at the front building line.

For single and two-family dwellings, the minimum lot or building site shall be 10,000 square feet and have a width of not less than 100 feet measured at the front building line.

The floor area ratio (FAR) is limited to 0.2 FAR.

(5)

Maximum lot coverage. All main and accessory buildings shall not cover more than 40 percent of the lot area with a maximum of 50 percent impervious area.

(e)

Height regulations. No building shall exceed 35 feet in height.

(f)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(LDC 1991, ch. 4, art. X, § V; Ord. No. 2012-31, § 2, 1-7-13)

Editor's note— Section 2 of Ord. No. 2012-31, adopted Jan. 7, 2013, amended and renumbered former § 34-117 as § 34-119.

Sec. 34-120. - L-1 Light industrial district.

(a)

(b)

Permitted principal and accessory uses and structures. The following uses shall be permitted in the L-1 Light industrial district.

(1)

Cold storage and frozen food lockers.

(2)

Retail and wholesale sales, with shop and/or outside display of product.

(3)

Printing, lithographing, publishing or similar establishments.

(4)

Tattoo parlors and related uses.

(5)

Industrial equipment, sales and repair associated with the sale of the equipment. No junk equipment is allowed to be stored on premises.

(6)

Construction contractors and similar contractors, yards and related activities, such storage of building supplies and materials including outside storage of equipment and materials.

(7)

Pest control establishments.

(8)

Light manufacturing such as electronic equipment assembly, instrument, optical goods.

(9)

Auto detailing and upholstery.

(10)

Any commercial use allowed in the city's B-1, B-2 or O-1 commercial zoning districts.

(11)

Adult entertainment, game rooms, dance halls, and related adult entertainment businesses with the following exceptions:

(12)

Machine shop.

(13)

Manufacture of pottery or other ceramic products.

(14)

Moving and storage companies.

(15)

Plumbing supply.

(16)

Rental of trailers and trucks.

(17)

Rug cleaning establishments.

(18)

Sign painting and service.

(19)

Swimming pool sales, installation and service.

(20)

Trade shops, including tinsmith, cabinetmaker, rug and carpet cleaning, electrical, roofing, sheet metal, welding and plumbing shops.

(21)

Welding or soldering shops.

(22)

Wholesale commercial activities.

(23)

Wholesale houses and distributors.

(24)

Wholesale nurseries, greenhouses, and landscape services.

(25)

Vehicle sales, rental, service, and repair, including new or used automobiles, boats, buses, farm equipment, motorcycles, trailers, trucks, and recreational vehicles.

(26)

Mobile homes sales.

(27)

Automotive general repairs and paint and body shop. Any open storage of wrecked, dismantled, or inoperable cars or vehicles must be screened from the public view by a six-foot enclosed fence.

(28)

Other uses of the same general character as those listed above deemed appropriate by the planning, zoning and appeals board.

(29)

Adult arcade amusement centers compliant with Code of Ordinances section 14-121.

(30)

Churches and related activities pursuant to article V, division 3, of this chapter.

(31)

Outside storage is allowable provided that:

The storage is visually screened from roadways and neighboring properties by a solid fence of six-foot in height or thick vegetation buffer.

Any storage greater than six feet in height is setback from all property lines a minimum of ten feet.

The storage is no greater than 15 feet in height.

The storage is not land clearing debris, construction debris, recyclables, trash, garbage or other materials typically disposed of at a Class I or higher landfill.

(32)

Recreational facilities.

(33)

Vocational, technical, trade or industrial schools and similar uses.

(34)

Manufactured buildings are allowable provided that:

The building is secured to a foundation or attached to an approved anchorage;

The axle and hitch will be removed from the building;

The building is skirted or placed on a solid concrete block wall or foundation;

If a multi-section construction, once together and sealed the building becomes one integrated wall, floor and roof assembly;

Meets the current building code; and

The building shall be visually screened if seen from SR100, US1 or SR11 by a solid fence of six-foot in height or an equivalent thick vegetation buffer.

(c)

Permitted special exception. Permitted special exceptions, which are subject to approval by the local planning agency, in the L-1 district shall be as follows:

(1)

Tractor trailer storage yards meeting the requirements listed below:

The parking and storage facilities must be visually screened from roadways and neighboring properties by a solid fence of six-foot in height or thick vegetation buffer.

Restroom facilities with a potable water source and sanitary sewer services shall be provided for employees and patrons.

Adequate, enclosed trash storage facilities shall be provided on the site.

Tractor trailers must be setback from all property lines a minimum often feet.

(2)

Junkyards or automotive wrecking or salvage yards meeting the minimum requirements listed below:

The materials or vehicles are visually screened from roadways and neighboring properties by a solid fence of six-foot in height or thick vegetation buffer.

Materials or stacked vehicles greater than six feet in height shall be setback from all property lines a minimum often feet.

Materials or stacked vehicles shall not exceed 15 feet in height.

Junkyards or automotive wrecking or salvage yards shall not be visible from US1, State Road 100, or State Road 11.

(3)

Miscellaneous uses, such as, express office, telephone exchange, commercial parking lots, and parking garages, motor bus or truck or other transportation terminal.

(4)

(5)

Solid waste management facilities subject to meeting the following minimum criteria:

A scale for weighing material delivered to the site may be required as determined through the city facility operating permit process.

Restroom facilities shall be provided for employees and patrons connected to potable water and sanitary sewer services.

Solid waste management facilities must abide by all other sections in chapter 50 of the Code of Ordinances.

Hazardous waste and medical waste transfer facilities must also be approved by the city commission.

(6)

Other uses and structures not listed above that with certain restrictions can be compatible with the permitted uses of the district as determined by the planning, zoning and appeals board.

(d)

(1)

Noise. Every use shall be operated in compliance with the noise regulations specified in sections 26-196 through 26-203 in the City of Bunnell Code of Ordinances.

(2)

(3)

Smoke. No smoke shall be emitted greater than number 1 on the Ringelmann Smoke Chart.

(4)

Determine maximum emission in pounds per hour for each source of emission and divide this figure by the acres in the lot area, thereby obtaining the gross hourly rate of emission, in pounds per acre.

For each gross hourly rate of emission, deduct the height of emission collection factor from the following table, interpolating as necessary for heights not given.

ALLOWANCES FOR HEIGHT OF EMISSION

Height of Emission Above Grade (Feet)	Collection (Pounds per Hour per Acre)
50	0.01
100	0.06
150	0.10
200	0.16
300	0.30
400	0.50
The result is the hourly rate of emission in pounds per acre for each source of emission.

Adding together individual net rates of emission gives the total new rate of emission from all sources of emission within the boundaries of the lot.

The total net rate of emission from all sources within the boundaries of a lot or tract in question shall not exceed one pound per acre of lot area during any one hour.

The emission, from all sources within any lot area, or particulate matter containing more than ten percent by weight of particles having a diameter larger than 44 microns is prohibited.

(5)

Industrial wastes. There shall be no discharge at any point of liquid or solid wastes into any public sewage disposal system which will overload such system or create detrimental effects on the flow and treatment of public sewage, pursuant to sections 66-227 through 66-228 of the City of Bunnell Code of Ordinances. There shall be no discharge of any industrial wastes into any private sewage disposal system, stream, or into the ground of a kind or nature which may contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements or solid wastes conducive to the breeding of rodents or insects.

(6)

Odor means a sensation resulting from stimulation of the human olfactory organ or a quantifiable level of chemical, fume or gas.

Objectionable odor means irritating, malodorous or nauseous odor which, by itself, or in combination with odors, fumes or gases exists in the atmosphere in sufficient quantities and of such duration:

Exceeds an acceptable level;

Is irritating, annoying or offensive to a person of normal sensibilities;

Is injurious to human, plant or animal life;

Unreasonably interferes with the comfortable use and enjoyment of life property or the conduct of business.

Lessen the normal food and water intake of persons of normal sensitivities;

Produce irritation of the upper respiratory tract in persons of normal sensitivities;

Produce symptoms of nausea in persons of normal sensitivities;

Cause injury or damage to real property, personal property, or human, animal or plant life of any kind;

Cause harm to the health of persons of normal sensitivity; or

Procedures for odor complaint verification.

Is this odor irritating, annoying or offensive to you?

Y___ N___ Describe:

Is the odor injurious to your health?

Y___ N___ Describe:

Is the odor injurious to plant or animal life?

Y___ N___ Describe:

Does the odor interfere with the enjoyment of property?

Y___ N___ Describe:

Does the odor interfere with the use and enjoyment of property?

Y___ N___ Describe:

Does the odor interfere with the conduct of business?

Y___ N___ Describe:

After recording initial data as described above, the code enforcement officer will attempt to interview the complainant, if the complainant is available on or near the scene of the reported exposure.

If no odor has been detected within a general vicinity of the reported site, the code enforcement officer will close the investigation.

10.

11.

Upon completion of the investigation, the code enforcement officer will promptly document the findings on the complaint form, while details are still fresh in mind.

12.

Safety. Investigation of odor complaints shall be conducted so as not to jeopardize the safety of the code enforcement officer.

(7)

(8)

(9)

(10)

(11)

ii.

iii.

Replacement of any existing storage system for hazardous materials shall comply with the new installation standards.

Out-of-service storage systems.

Storage systems which are temporarily out of service, and are intended to be returned to use, shall continue to be monitored and inspected.

Whenever an abandoned storage system is located, a plan for the closure or removal or upgrading and permitting of such storage system shall be filed at a reasonable time as determined by the city.

(e)

Area regulations. Area regulations within the L-1 Light industrial district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 40 feet measured from the property line to the front building line.

(2)

Side yard.

There shall be a side yard of not less than ten feet. Lots whose side lot lines are intersecting streets shall have a 20-foot side yard.

When a lot in the L-1 Light industrial district abuts a residential district there shall be a side yard of not less than 35 feet.

When a lot in the L-1 Light industrial district abuts a railroad right-of-way no side yard is required.

(3)

Rear yard.

There shall be a rear yard of not less than ten feet except where the rear lot line is a railroad right-of-way and, in that case, no rear yard is required.

Lots which abut a residential district shall provide a rear yard of at least 20 feet, and shall include a buffer of a fence at least six feet in height and approved by the city.

(4)

Maximum lot coverage. Main and accessory buildings shall cover no more than 65 percent of the total lot area with an impervious surface limitation of 70 percent.

(5)

Building site area regulations. The minimum lot or building site area shall be 15,000 square feet and have a width of not less than 80 feet measured at the front of the building line.

(6)

[Floor area ratio.] The floor area ratio (FAR) is limited to 0.5 FAR.

(f)

Height regulations. No main building or tower or structure shall exceed 35 feet in height.

(g)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

Editor's note— Section 2 of Ord. No. 2013-08, adopted Feb. 25, 2013, amended and renumbered former § 34-118 as § 34-120.

Sec. 34-121. - L-2 Heavy industrial district.

(a)

(b)

Permitted principal and accessory uses and structures. The following uses shall be permitted in the L-2 Heavy industrial district.

(1)

(2)

Junk yards or automotive wrecking or salvage yards.

(3)

Solid waste management facilities subject to meeting the following minimum criteria:

A scale for weighing material delivered to the site may be required as determined through the city facility operating permit process.

Restroom facilities shall be provided for employees and patrons connected to potable water and sanitary sewer services.

Solid waste management facilities must abide by all other sections in chapter 50 of the Code of Ordinances.

Hazardous waste and medical waste transfer facilities must also be approved by the city commission.

(4)

Tire retreading and recapping shops.

(5)

Truck and freight terminals and truck scales.

(6)

Boatbuilding.

(7)

Chemical production plants.

(8)

Manufacturing involving the use of cranes and bulldozers.

(9)

Energy solution facilities.

(10)

Blacksmith shops.

(11)

Iron, ornamentation manufacturing.

(12)

Sheetmetal products manufacturing.

(13)

Planning and millwork manufacturers.

(14)

Culvert manufacturing, concrete forming and fabrication operations.

(15)

Bulk storage yards, not including bulk storage of flammable liquids and acids.

(16)

Other uses of the same general character as those listed above deemed appropriate by the planning, zoning and appeals board.

(17)

Manufactured buildings are allowable provided that:

The building is secured to a foundation or attached to an approved anchorage;

The axle and hitch will be removed from the building;

The building is skirted or placed on a solid concrete block wall or foundation;

If a multi-section construction, once together and sealed the building becomes one integrated wall, floor and roof assembly;

Meets the current building code; and

The building shall be visually screened if seen from SR1 00, US1 or SR11 by a solid fence of six-foot in height or an equivalent thick vegetation buffer.

(c)

Permitted special exception. Permitted special exceptions, which are subject to approval by the local planning agency, in the L-2 district shall be as follows:

(1)

Other uses and structures not listed above that with certain restrictions can be compatible uses with other uses in the district as approved by the planning, zoning, and appeals board.

(2)

Accessory residential facilities for the use of watchmen or caretakers whose employment requires a residence on the premises.

(3)

Bulk storage yards for flammable liquids and acids.

(d)

(1)

Noise. Every use shall be operated in compliance with the noise regulations specified in sections 26-196 through 26-203 in the City of Bunnell Code of Ordinances.

(2)

(3)

Smoke. No smoke shall be emitted greater than number 1 on the Ringelmann Smoke Chart.

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(e)

Area regulations. Area regulations within the L-2 district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 40 feet measured from the property line to the front building line.

(2)

Side yard.

There shall be a side yard of not less than 20 feet. Lots whose side lot lines are intersecting streets shall have a 40-foot side yard.

When a lot in the L-2 district abuts a residential district there shall be a side yard of not less than 40 feet.

When a lot in the L-2 district abuts a railroad right-of-way no side yard is required.

(3)

Rear yard.

There shall be a rear yard of not less than 20 feet except where the rear lot line is a railroad right-of-way and, in that case, no rear yard is required.

(4)

Maximum lot coverage. Main and accessory buildings shall cover no more than 65 percent of the total lot area with an impervious surface limitation of 70 percent.

(5)

Building site area regulations. The minimum lot or building site area shall be one acre and have a width of not less than 100 feet measured at the front of the building line.

(6)

[Floor area ratio.] The floor area ratio (FAR) is limited to 0.5 FAR.

(f)

Height regulations. No main building or towers associated with commercial or industrial buildings shall exceed 50 feet in height; except wireless communication facilities per section 34-271.

(g)

Off-street parking. Off-street parking shall be as regulated in article V, division 2 of this chapter.

(h)

(i)

Design regulations. Any building located on a parcel adjacent to SR100, US1 or SR11, must have the front facade designed using an architectural finish (e.g., simulated stone or brick, natural stone veneers, masonry facades, insulated stucco finish, etc.) complete with architectural treatments (e.g., wainscoting, shutters, canopies, louvers, etc.) to ensure the building does not appear plain. In cases where the front facade (or main building entrance) is not facing the above-mentioned streets, both the front facade and the facade facing the above-mentioned streets must receive an architectural finish and treatments. In cases where there are multiple buildings on a parcel, only the buildings with frontage along the above-mentioned streets must meet this requirement.

(Ord. No. 2013-08, § 3, 2-25-13; Ord. No. 2014-09, § 2, 4-14-14; Ord. No. 2024-19, § 3, 10-28-24)

Sec. 34-122. - P Public district.

(a)

(b)

(c)

Intensity. The maximum intensity of activity shall be 0.6 FAR.

(LDC 1991, ch. 4, art. X, § VII; Ord. No. 2013-12, § 1, 4-8-13)

Editor's note— Section 1 of Ord. No. 2013-12, adopted April 8, 2013, amended and renumbered former § 34-119 as § 34-122.

Sec. 34-123. - REC Recreation district.

(a)

(b)

Area regulations. None.

(c)

Intensity. None.

(Ord. No. 2013-12, § 1, 4-8-13)

Sec. 34-124. - I Institutional district.

(a)

(b)

(c)

Intensity. The maximum intensity of activity shall be 0.5 FAR.

(Ord. No. 2013-12, § 1, 4-8-13)

Sec. 34-125. - Reserved.

Sec. 34-126. - C Conservation district.

(a)

(Ord. No. 2012-03, § 3, 3-12-12; Ord. No. 2013-12, § 2, 4-8-13; Ord. No. 2024-15, § 3, 9-9-24)

Editor's note— Section 2 of Ord. No. 2013-12, adopted April 8, 2013, renumbered former § 34-123 as § 34-126.

Sec. 34-141. - Definition.

In this division, "PUD" means planned unit development.

(LDC 1991, ch. 10, art. I, § II)

Cross reference— Definitions generally, § 1-2.

Sec. 34-142. - Scope.

This division applies to planned unit developments.

Sec. 34-143. - Unified ownership.

(LDC 1991, ch. 10, art. III)

Sec. 34-144. - Permitted uses.

(LDC 1991, ch. 10, art. IV)

Sec. 34-145. - Accessory uses.

Accessory uses permitted are uses customarily associated with, dependent on, and incidental to approved principle uses.

(LDC 1991, ch. 10, art. V)

Sec. 34-146. - Commercial activities.

(LDC 1991, ch. 10, art. VI)

Sec. 34-147. - Minimum parcel size.

(LDC 1991, ch. 10, art. VII)

Sec. 34-148. - Minimum lot area and yard requirements.

(LDC 1991, ch. 10, art. VIII)

Sec. 34-149. - Maximum building height.

(LDC 1991, ch. 10, art. IX)

Sec. 34-150. - Sign requirements.

Signs are permitted in accordance with those sections of chapter 26 covering similar uses, unless specifically addressed in the development agreement.

(LDC 1991, ch. 10, art. X)

Sec. 34-151. - Open space and common facilities requirements.

(1)

Common open space shall be dedicated to and usable by all residents of the planned unit development, or specific phase thereof.

(2)

Common open space must be developed for aesthetic, amenity or recreational purposes.

(3)

The location, shape size, and character of common open space must be shown on the plan.

(4)

Common open space must be suitably improved for its intended use. Common open space containing natural features worthy of preservation may be left unimproved.

(5)

Common open space shall not include any structures other than recreational or incidental maintenance buildings.

(6)

(LDC 1991, ch. 10, art. XI)

Sec. 34-152. - Underground utilities.

(LDC 1991, ch. 10, art. XII)

Sec. 34-153. - Application for rezoning or annexation into city as PUD.

(a)

Application information. Upon application for rezoning to the PUD district, the developer shall submit the seven copies of a proposed conceptual development plan to include:

(1)

Project name and name, address and telephone number of developer and design professionals.

(2)

General character of the proposed project including land uses, densities, ownership concept, design/landscape concepts, and any other information specific to the site or project.

(3)

North arrow, scale, vicinity map, names of abutting property owners, zoning of abutting properties, legal description, and location of all existing property improvements on or adjacent to the site.

(4)

(5)

Location of proposed access points and location of existing water, sewer, and drainage facilities that are proposed to be extended to the site.

(6)

Concept plan of proposed internal circulation, utility service, and drainage systems.

(7)

General character, size and location of buildings and parking areas for each proposed land use.

(8)

(9)

Proposed phasing of development and proposed number and character of owner associations.

(10)

Any other information deemed pertinent by the applicant, planning, zoning and appeals board or city commission.

(11)

Impact statement for level of service (LOS) standards.

(b)

(LDC 1991, ch. 10, art. XIII)

Sec. 34-154. - Final development plans.

(a)

(b)

(c)

(LDC 1991, ch. 10, art. XIV)

Sec. 34-155. - Review procedure.

(a)

(b)

(c)

(d)

(LDC 1991, ch. 10, art. XV)

Sec. 34-156 - RP-PUD Rural preservation—Planned unit development.

(1)

Preserve the rural character and promote rural economic activity;

(2)

Prevent urban sprawl by encouraging compact conservation-oriented development within the rural area of the city;

(3)

Provide continued opportunity for diverse forms of agriculture production;

(4)

Create a rural preservation program that supports continued agricultural and conservation activities within the city limits;

(5)

Offset biological and ecological impacts of new development;

(6)

Provide support to natural resources and green space in the form of linked networks and ecological systems;

(7)

Reduce automobile trips;

(8)

Provide a variety of housing types to support residents of diverse ages, incomes, family sizes, and lifestyles;

(9)

Create predictability and efficiency in planning and in the provision of infrastructure;

(10)

Allocate infrastructure and public service costs to provide for fiscal neutrality; and

(11)

Create a clear distinction between the city's agricultural and urban areas utilizing clustering principles to prevent sprawl.

(1)

The clustered development must be immediately contiguous to an existing, publicly maintained arterial road.

(2)

The development shall not be located close enough to existing agriculture to be affected by noise, odors, dust/debris, or any other occurrence or activity related to normal agriculture operations.

(3)

Lots within the development area shall not exceed one acre in size but may be less when served by water and sewer.

(4)

The total site must be divided so that 60 percent is open space 40 percent is developable. The clustered development must be entirely within the 40 percent.

Improve the viability of continued agricultural operations, reduce development pressure on prime agricultural land, and provide a mechanism for the long-term support and conservation of land.

Allow clustering of permitted lots, reduced lot sizes, neighborhood commercial and appropriate industrial uses, and incentives to support and direct agriculture and conservation land.

(Ord. No. 2012-03, § 4, 3-12-12)