DISTRICTS
The city is divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is adopted by reference and declared to be a part of this article.
(1)
The official zoning map shall be identified by the signature of the mayor attested by the city manager, and bearing the seal of the city under the following words: "This is to certify that this is the official zoning map referred to in the zoning chapter of the Code of Ordinances City of Chiefland, Florida," together with the date of the adoption of this article.
(2)
If, in accordance with the provisions of this article and F.S. ch. 176, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the city commission, with an entry on the official zoning map as follows: "On _______, by official action of the city commission, the following change(s) were made in the official zoning map: _______," which entry shall be signed by the mayor and attested by the city manager. No amendment to this article which involves matter portrayed on the official zoning map shall become effective until after such change and entry has been made on such map.
(3)
No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this article. Any unauthorized change of whatever kind by any person shall be considered a violation of this article.
(4)
Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be located in the office of the city manager shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the city.
If the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city commission may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor, attested by the city manager, and bearing the seal of the city under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted _______ as part of the zoning chapter of the Code of Ordinances, City of Chiefland, Florida."
Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive or those imposing the higher standards, shall govern.
Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the rules of this division shall apply.
(a)
Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.
(b)
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(c)
Boundaries indicated as approximately following city limits shall be construed as following such city limits.
(d)
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(e)
Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or bodies of water shall be construed to follow such centerlines.
(f)
Boundaries indicated as parallel to or extensions of features indicated in subsections (a)—(e) of this section shall be so constructed. Distances not specifically indicated on the official zoning map shall be determined by the written description of the zones.
Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by section 126-102, the board of adjustment and code enforcement board shall interpret the district boundaries.
No building, structure or land shall hereafter be used, occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations specified in this article for the district in which it is located.
No building or other structure shall hereafter be erected or altered to:
(1)
Exceed the height or bulk.
(2)
Accommodate or house a greater number of families.
(3)
Occupy a greater percentage of lot area.
(4)
Have narrower, smaller rear yards, front yards, side yards or other open spaces than required in this article; or in any other manner contrary to the provisions of this article.
(a)
No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this article, shall be included as part of a yard, open space, or off-street parking or loading space similarly for any other building.
(b)
No yard or lot existing at the time of passage of the ordinance from which this division is derived shall be reduced in dimension or area below the minimum requirements set forth in this article. Yards or lots created after the effective date of the ordinance from which this division is derived shall meet the minimum requirements established by this article.
(a)
Permitted uses and structures. Permitted uses and structures permitted in the R-1 residence district shall be as follows:
(1)
Detached single-family dwellings.
(2)
Category B manufactured or modular homes provided they comply with the design standards of Chapter 102 and section 126-153.
(3)
Religious facilities and related accessory buildings, provided they are located on a lot fronting a major artery or connecting route and are placed not less than 15 feet from any property line with required off-street parking spaces separated from property lines by a planted buffer at least three feet in width.
(4)
Religious facility bulletin boards, provided that they do not exceed 25 square feet in area.
(5)
Public and private schools offering general education courses.
(6)
Public utility stations as electrical substations, sewerage pumping stations, provided they are surrounded by a wire woven fence at least eight feet high, have a planted buffer zone and there is no storage of vehicles or equipment on the premises.
(7)
Public parks and recreation areas, as well as private golf courses.
(8)
One non-illuminated sign advertising the sale or rent of the land or building upon which it is located. Such sign shall not exceed four square feet in area, two linear feet in length, two linear feet in height.
(9)
Noncommercial greenhouses.
(10)
Accessory buildings, provided such shall be permitted only in a rear yard and shall be not less than ten feet from any property line; provided, however, that a detached garage may be permitted in a side yard if it does not project beyond the front of the house.
(11)
Customary home occupations, including the professional offices of a physician, dentist, musician, lawyer, artist and engineer conducted within the dwelling.
(12)
Private swimming pools and tennis courts.
(b)
Prohibited uses and structures. Prohibited uses and structures in the R-1 residence district shall be as follows:
(1)
Medical marijuana dispensing facilities.
(Ord. No. 17-08, § 1, 12-11-17)
(a)
Permitted uses and structures. Permitted uses and structures in the R-2 residence district shall be as follows:
(1)
All residential uses permitted in an R-1 district.
(2)
All nonresidential uses permitted in an R-1 district subject to R-1 district use requirements.
(3)
Two-family dwellings, including duplexes and semidetached structures.
(4)
Multifamily dwellings.
(5)
Apartment hotels for nontransients.
(6)
Rooming houses and boardinghouses.
(7)
Hospitals for human care, except those primarily for the treatment of mental disorders, charitable institutions, sanatoriums and nursing homes.
(8)
Manufactured or modular homes, parks, trailer camps, or courts, provided the parcel is a minimum of five acres and the minimum size of the manufactured or modular home lot shall be no less than 3,000 square feet, 40 feet in width and 75 feet in length, where served by public sewers. The manufactured or modular home lot shall not contain less than 5,000 square feet of lot area per trailer where served by septic tanks. No manufactured or modular home will be located within 50 feet of any park boundary on any side. The minimum distance between any two trailers, or any trailer and another building in the park, shall be 20 feet, and at least 200 square feet per trailer lot, which 200 square feet shall not be part of required trailer stalls, shall be provided in one or more locations for community playground and recreational purposes.
(9)
Nursery schools or kindergartens provided at least 100 square feet of outdoor play area is available to each child. The outdoor play area shall be enclosed by a dense shrubbery planting which shall be kept free of refuse and protected by a fence having a height of at least three feet six inches in order to prevent passage through the planting. One non-illuminated sign may be used for identifying the principal structure only and without advertising information. No outdoor play equipment, nor displays such as nursery rhyme characters or scenes depicting national or religious holidays or the like, may be exhibited in the front or side yards. The principal and accessory buildings of such uses shall meet all yard and setback and height requirements of this district.
(10)
Day care facilities as regulated by current Florida Statutes.
(11)
Apartments.
(b)
Prohibited uses and structures. Prohibited uses and structures in the R-2 residence district shall be as follows:
(1)
Medical marijuana dispensing facilities.
(Ord. No. 17-08, § 2, 12-11-17)
(a)
Permitted uses and structures. Permitted uses and structures in the R-2a residence district shall be as follows:
(1)
All residential uses permitted in an R-1 and R-2 district.
(2)
All nonresidential uses permitted in an R-1 and R-2 district subject to R-1 district use requirements.
(3)
Category A and B manufactured and modular homes subject to the requirements of Chapter 102 and 126-155.
(4)
Apartments.
(b)
Prohibited uses and structures. Prohibited uses and structures in the R-2a residence district shall be as follows:
(1)
Medical marijuana dispensing facilities.
(Ord. No. 17-08, § 3, 12-11-17)
(a)
Permitted uses and structures. Permitted uses and structures in an agricultural district shall be as follows:
(1)
General farming, truck gardening, pasturage.
(2)
Single-family building.
(3)
Schools.
(4)
Public parks and recreation areas.
(5)
Circuses, carnivals and fairs.
(6)
Accessory buildings or uses customarily incidental to the use of the main uses including farm residences.
(7)
Manufactured or modular home parks, subject to the provisions of section 126-142(8).
(8)
Light industrial uses, provided that such use be located on a site of not less than ten acres; provided that abutting residential properties will be protected from drainage of surface water, noise, odor, glare, dust and fumes or other objectionable conditions; that provision is made for adequate vehicular and pedestrian access and circulation so as not to present problems of safety on the site or unduly impede normal traffic movement on adjacent streets; that requirements for parking as provided in chapter 118 of this Code are met.
a.
Further, no building structure, or land within 100 feet of any lot line of a lot located in a residence district shall be used in connection with the operation of any establishment. Off-street parking and off-street loading space may be located within this setback area in accordance with regulations on parking in chapter 118 of this Code.
b.
Within 300 feet of a residential district boundary line all activities and operations shall be completely screened by a solid wall at least eight feet in height, and open storage shall not be of greater height than that of the enclosing fence, except that off-street loading and unloading spaces may be located in accordance with the parking provisions of chapter 118 of this Code.
(9)
Livestock and poultry raising and dairying provided when such uses are located within 300 feet of a residential district boundary line shall be screened by solid fence.
(10)
Dance hall.
(11)
Charitable institutions, sanatoriums, hospitals primarily for mental disorders and nursing.
(12)
Animal care facilities subject to the design standards of Chapter 14, Article III.
(b)
Prohibited uses and structures. Prohibited uses and structures in the Agricultural district shall be as follows:
(1)
Medical marijuana dispensing facilities.
(Ord. No. 17-08, § 4, 12-11-17)
(a)
Permitted uses and structures. Permitted uses and structures in a C-1A commercial district shall be as follows:
(1)
Offices which are for their primary purpose offering a professional service rather than selling a tangible product to the public, and storage as provided in subsection (c) of this section.
(2)
Funeral homes (without crematory).
(3)
Apartments by special exception only.
(b)
Prohibited uses and structures. All businesses allowed under commercial districts C-1 and C-2 of this division unless such commercial business use is classified in the permitted uses provision of this section. Medical marijuana dispensing facilities are prohibited in the C-1A commercial district.
(c)
Storage. Storage in a C-1A commercial district shall be as follows:
(1)
Outside storage of materials and equipment in conjunction with a permitted use shall be allowed only under the following conditions. The storage area shall be enclosed by a decorative wood or masonry fence having a minimum height of eight feet and constructed in a workmanlike manner. The entire storage areas shall be attached to each rear corner of the business building. The storage area shall be in the rear yard of any lot, but in the case of corner lots, shall lie to the rear of the business structure and in the case of through lots, may extend to the back street. Gates must be of decorative wood and must be closed except when in actual use. No storage shall be higher than the height of the fence.
(2)
Inside storage of materials and equipment in conjunction with a permitted use shall be allowed only in storage buildings having a roof and floor, enclosed on all four sides, and meeting the building code of the city.
(Ord. No. 17-08, § 5, 12-11-17)
(a)
Permitted uses and structures. Permitted uses and structures in the C-1 and C-1A commercial district shall be as follows:
(1)
Animal hospitals, veterinary clinics, and commercial clinics subject to the design standards of Chapter 14, Article III.
(2)
Parking garages and lots.
(2.5)
Business and professional offices, banks, theaters and hotels.
(3)
Government offices.
(4)
Religious facilities subject to section 126-141(3), (4).
(5)
Barbershops and beauty shops (nail technicians, tanning salons, and cosmetology).
(6)
Clothing and dry goods stores.
(7)
Dance studio.
(8)
Drugstores and/or pharmacy.
(9)
Electrical repair and similar repair.
(10)
Flower shop.
(11)
Food stores, including meat markets, dairy products and package liquor stores.
(12)
Indoor Entertainment, bowling alleys, poolrooms.
(13)
Funeral homes.
(14)
Light repair such as shoe repair, tailoring, watch and clock repair.
(15)
Locksmith.
(16)
Healthcare facilities.
(17)
Photography studio.
(18)
Lumber and building materials when stored in buildings.
(19)
Restaurants, but not drive-in restaurants.
(20)
Clubs, lodges and fraternal organizations.
(21)
Feed stores.
(22)
Seed, insecticide and growers' supplies when stored in buildings.
(23)
Public parks and recreation areas.
(24)
Signs and billboards subject to chapter 110 of this Code.
(25)
Furniture and appliance store.
(26)
Apartments by special exception only.
(27)
Retail sales and repairs.
(28)
Storage as provided in subsection (b) of this section.
(b)
Storage. Storage in the C-1 commercial district shall be as follows:
(1)
Outside storage of materials and equipment in conjunction with a permitted use shall be allowed only under the following conditions. The storage area shall be enclosed by a decorative wood or masonry fence having a minimum height of eight feet and constructed in a workmanlike manner. The entire storage area shall be enclosed, and the fence must be attached to each rear corner of the business building. The storage area shall be in the rear yard of any lot, but in the case of corner lots, shall lie to the rear of the business structure, and in the case of through lots, may extend to the back street. Gates must be of decorative wood and must be closed except when in actual use. No storage shall be higher than the height of the fence.
(2)
Inside storage of materials and equipment in conjunction with a permitted use shall be allowed only in storage buildings having a roof and floor, enclosed on all four sides and meeting the building code of the city.
(c)
Prohibited uses and structures. All the types of businesses allowed under section 126-147 shall be prohibited in the C-1 commercial district. Medical marijuana dispensing facilities are prohibited in the C-1 commercial district.
(Ord. No. 17-08, § 6, 12-11-17)
(a)
Permitted uses and structures. Permitted uses and structures in the C-2 highway commercial district shall be as follows:
(1)
Any use or structure in the C-1 commercial district.
(2)
Automobile, truck, farm equipment or motorcycle sales, repair or upholstery; auto washerteria, paint shops or tire recapping (including rebuilding or parts and sale of parts and equipment indoors only). There shall be no outside storage of equipment or materials other than merchandise offered for sale. No junk or salvage material shall be stored outside.
(3)
Gasoline stations, provided that all structures and buildings, except principal use signs, and including storage tanks shall be placed not less than 25 feet from any side or rear property line except where such side or rear property lines abut a street, in which case the setback shall be that required for such streets measured from the street line. All buildings or structures, including gas pumps and storage tanks, except principal use signs, shall comply with the setback requirements of any abutting street. If on a corner lot, the means of access and egress shall be arranged and designed so as to minimize the interference with the flow of traffic.
(4)
Signs and billboards subject to chapter 110 of this Code.
(5)
Launderette, washerteria and dry cleaning.
(6)
Motels, hotels and tourist homes, taverns, bars and lounges.
(7)
Railroad or bus passenger station.
(8)
Restaurants, including drive-in restaurants and food catering service.
(9)
Residential trailer sales room and sales lot.
(10)
Wholesaling and warehousing provided that when these activities abut a residential district, they shall be separated therefrom by appropriate screening. (See section 126-183)
(11)
Skating rinks.
(12)
Outside storage of materials and equipment in conjunction with a permitted use shall be allowed; provided, however, that if the lot adjoins a residential area, then the storage area shall be separated from the residential area by a decorative wood or masonry fence having a minimum height of eight feet and constructed in a workmanlike manner. If the lot is a corner lot, the fence must extend along the side property line to a point even with the rear of the business building. Gates must be of decorative wood and must be closed except when in actual use. No storage shall be higher than the height of the fence.
(13)
Inside storage of materials and equipment in conjunction with a permitted use shall be allowed only in storage buildings having a roof and floor, enclosed on all four sides and meeting the building code of the city.
(14)
Apartments by special exception only.
(15)
Print shops and newspaper printing shops.
(16)
Funeral home with crematory.
(17)
Drive thru facilities.
(b)
Prohibited uses and structures. Prohibited uses and structures in the C-2 highway commercial district shall be as follows:
(1)
Medical marijuana dispensing facilities.
(Ord. No. 17-08, § 7, 12-11-17)
(a)
General use criteria. The principal uses permitted in any I district shall be limited in general to the assembly, packaging or processing of previously prepared goods and materials. Additional permitted uses include the storage of goods and materials; the receiving, sorting and/or distribution of goods and materials; fabricating shops; retail and wholesale activities requiring extensive storage or warehousing; related commercial and service activities; and certain types of manufacturing and processing of raw materials and goods and other uses specifically listed in subsections (c) and (d) of this section.
(b)
Creation of two districts. The industrial area is divided into two districts, I-1 and I-2. These districts are designed for a wide range of manufacturing and related uses and are divided so as to group into I-1 those industrial users which can meet a high-level of performance standards while those in I-2 are designed for manufacturing and related activities which can meet a medium-level of performance standards.
(c)
Uses permitted in I-1. The following uses shall be permitted in an I-1 industrial district:
(1)
Any industry conforming with section 126-147 as well as meeting the following criteria: Such industry shall be of such a nature that it can be operated so as to be not injurious or offensive or detrimental to the present or intended character of this district or vicinity by reason of emission of noise, dust, glare, smoke, gas, fire, odors, vibration, toxic or noxious waste materials or fumes.
(2)
Warehousing, building materials yards and contractors' equipment storage yards.
(3)
Ice manufacturing and cold storage.
(4)
Railroad freight terminals.
(5)
Truck terminals.
(6)
Bottling and packaging works.
(7)
Electrical repair shops.
(8)
Radio and television transmission towers.
(9)
Adult or sexually oriented establishments as defined under section 126-273 of this chapter.
(d)
Uses permitted in I-2. The following uses shall be permitted in an I-2 industrial district:
(1)
Any industry conforming with the requirements of district I-1 as set forth in subsection (c) of this section.
(2)
Fruit and vegetable grading and packinghouses.
(3)
Canning plants.
(4)
Cement products, sand and gravel yards.
(5)
Machine shops.
(6)
Mill works.
(7)
Gasoline or other motor fuel stations, including bulk storage.
(8)
Junkyards, provided any such use is screened from view by a solid wall, planted screen or opaque partition at least six feet in height. All dismantling, storage or repair work shall take place within the screened area.
(9)
Chemical plants.
(10)
Planned industrial parks.
a.
Plans for industrial parks are subject to the approval of the planning board and must provide that abutting residential properties will be protected from drainage of surface water, noise, odor, glare, dust and fumes or other objectionable conditions; that provision is made for adequate vehicular and pedestrian access and circulation so as not to present problems of safety on the site or unduly impede normal traffic movement on adjacent streets; that requirements for parking as provided in chapter 118 of this Code are met.
b.
Further, no building, structure or land within 100 feet of any lot line of a lot located in a residence district shall be used in connection with the operations of any establishment. Off-street parking and off-street loading space may be located within this setback area in accordance with regulations on parking in chapter 118 of this Code. Within 300 feet of a residence district boundary line, all activities and operations shall be completely screened by a solid wall at least eight feet in height, and open storage shall not be of greater height than that of the enclosing fence, except that off-street loading and unloading spaces may be located in accordance with the parking provisions of chapter 118 of this Code.
(11)
Adult or sexually oriented establishments as defined under section 126-273 of this chapter.
(e)
Prohibited uses and structures. Uses and structures prohibited in both I-1 and I-2 industrial districts. The following uses shall be prohibited in I-1 and I-2 industrial districts:
(1)
Residences.
(2)
Places of public assembly.
(3)
Medical marijuana dispensing facilities.
(Ord. No. 08-11, § 4, 2-23-09; Ord. No. 17-08, § 8, 12-11-17)
(a)
Intent. It is the intent of this section to provide flexible land use and design regulation through the use of performance criteria so that small-to-large-scale neighborhoods or portions thereof may be developed within the city, that incorporate a variety of residential types and nonresidential uses, and contain both individual building sites and common property which are planned and developed as one entity. Such a development is to be designed and organized so as to be capable of satisfactory use and operation as a separate entity without necessarily needing the participation of other building sites or other common property in order to function as a neighborhood. This section specifically encourages innovations in residential development so that the growing demands for housing at all economic levels may be met by greater variety in type, design and siting of dwellings and by the conservation and more efficient use of land in such developments. This section recognizes that while the standard zoning function (use and bulk) and the subdivision function (platting and design) are appropriate for the regulation of land use in areas or neighborhoods that are already substantially developed, these controls represent a type of preregulation, regulatory rigidity and uniformity which may be inimical to the techniques of land development contained in the planned unit development concept.
(b)
Objectives. In order to carry out the intent of this section, a planned unit development shall achieve the following objectives:
(1)
A maximum choice in the types of environment, occupancy, tenure (e.g., cooperatives, individual ownership, condominium, leasing), types of housing, lot sizes and community facilities available to existing and potential county residents at all economic levels.
(2)
More usable open space and recreation areas.
(3)
More convenience in location of accessory commercial and service areas.
(4)
The preservation of trees, outstanding natural topography and geologic features and prevention of soil erosion.
(5)
A creative use of land and related physical development which allows an orderly transition of land from rural to urban uses.
(6)
An efficient use of land resulting in smaller networks of utilities and streets and thereby lowering housing costs.
(7)
A development pattern in harmony with the objectives of the master plan of the city, especially in regard to agricultural land use.
(8)
A more desirable environment than would be possible through the strict application of other articles of this chapter.
(9)
The preservation of historic structures through rehabilitation and, where appropriate, conversion to commercial use.
(c)
General requirements.
(1)
Minimum area. Under normal circumstances, the minimum area requirements to qualify for a planned unit development shall be 20 contiguous acres of land.
(2)
Ownership. The tract of land for a project may be owned, leased or controlled either by a single person or corporation, or by a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In case of multiple ownership, the approved plan shall be binding on all owners.
(3)
Permitted uses. All uses within an area designated as a planned unit development shall comply with provisions of this section and the approval of the project concerned.
a.
Residential uses. Residences may be of any variety of types. In developing a balanced community, the use of a variety of housing types and densities shall be deemed most in keeping with this division. In keeping with the objectives found in subsection (b) of this section, the developer must demonstrate that he is reaching as broad an economic market as possible, and the absence of any but middle income housing and higher in the proposed development shall be considered grounds for disapproval of the application. In making these determinations, the planning board shall consider the size of the site, its location with respect to community services and facilities, transportation and area wide market surveys as are available from several sources in the city. Developers are further encouraged to avail themselves of such state, federal and other housing programs as may be available to accomplish these objectives.
b.
Commercial, service and other nonresidential uses. Commercial, service and other nonresidential uses may be permitted. Consideration shall be given to the project as it exists in its larger setting in determining the appropriateness of such uses. All proposed planned unit developments shall provide clustered development and shall document a high percentage of internal capture of vehicle trips through an appropriate mix of land uses. As used in this section, "internal" specifically excludes access to nonhighway oriented commercial development directly from or to any arterial road as functionally classified by this plan, and it is intended that the majority of commercial development in a PUD will be centrally located relative to the boundaries of the proposed development.
c.
Customary accessory uses. Accessory uses such as private garages, storage spaces, recreational and community activities, religious facilities and schools shall also be permitted as appropriate to the development.
(4)
Intensity of land use. In all zoning districts, the gross density of a PUD shall be no greater than as provided on file in the office of the city manager. Within a PUD, clustering and increased building heights may be utilized to increase the amount of open space.
(d)
Application procedure and zoning approval process.
(1)
Generally. Whenever any planned unit development is proposed, before any permit for the erection of a permanent building in such development shall be granted, and before any subdivision plat of any part thereof may be filed in the office of the county clerk, the developer or his authorized agent shall apply for and secure approval of such development in accordance with the procedures in this subsection (d):
(2)
Application for sketch plan approval.
a.
In order to allow the planning board and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit a sketch plan of his proposal to the planning board. The sketch plan shall be approximately to scale, though it need not be to the precision of a finished engineering drawing; and it shall clearly show the following information:
1.
The location of the various uses and their areas in acres.
2.
The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private.
3.
Delineation of the various residential areas indicating for each such area its general extent, size and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type, i.e., single-family detached, duplex, townhouse, garden apartments, highrise and general middle-income, moderate-income, elderly units, family units, etc.; plus a calculation of the residential density per gross acre, total area including interior roadways, for each such area.
4.
The interior open space system.
5.
The overall drainage system.
6.
If grades exceed three percent or portions of the site have a moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding and ponding, a topographic map showing contour intervals of not more than five feet of elevation shall be provided along with an overlay outlining the above susceptible soil areas, if any.
7.
Principle ties to the community at large with respect to transportation, water supply, sewage disposal and power sources.
8.
General description of the provision of other community facilities, such as schools, fire protection services, and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated.
9.
A location map showing uses and ownership of abutting lands.
b.
In addition, the following documentation shall accompany the sketch plan:
1.
Evidence of how the developer's particular mix of land uses meets existing community demands, to include area wide as well as local considerations.
2.
Evidence of the developer's compliance with respect to the provision of an adequate mix of housing for all economic levels.
3.
Evidence that the proposal is compatible with the goals of the city comprehensive plan; with particular emphasis upon maximizing open space, improving aesthetics and reducing city utility installation costs.
4.
General statement as to how common open space is to be owned and maintained.
5.
If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan of this section shall show the intended total project.
6.
Evidence of any sort in the applicant's own behalf to demonstrate is competence to carry out the plan and awareness of the scope of such a project, both physical and financial.
7.
Average and maximum drainageway discharges before and after development will be provided, based upon estimates of a registered engineer.
8.
Documentation of environmentally unique or endangered areas and the protection of natural and historical resources.
c.
The planning board shall review the sketch plan and its related documents and shall render either a favorable report to the city commission or an unfavorable report to the applicant.
1.
A favorable report shall include a recommendation that a public hearing be held for the purpose of considering the preliminary proposal. It shall be based on the following findings which shall be included as part of the report:
i.
The proposal conforms to the comprehensive plan.
ii.
The proposal meets the intent and objectives of this section.
iii.
The proposal meets all the general requirements of subsection (c) of this section.
iv.
The proposal is conceptually sound in that it meets local and area wide needs and it conforms to accepted design principals in the proposed functional roadway and pedestrian system, land use configuration, open space system, drainage system and scale of the elements both absolutely and to one another.
v.
There are adequate services and utilities available or proposed to be made available in the development.
2.
An unfavorable report shall state clearly the reasons therefore, and if appropriate, point out to the applicant what might be accomplished in order to receive a favorable report.
3.
Failure of a proposed PUD to provide facilities in common ownership, utilize innovative techniques, and provide housing with accessory commercial uses shall result in denial if all three provisions are lacking, and may result in a denial if one or two of the provisions are lacking. This requirement shall not be interpreted to preclude denial on other grounds, including, but not limited to, for example, the failure to provide a range of housing costs.
4.
The chairman of the planning board shall certify when all of the necessary application material has been presented; and the planning board shall submit its report within 30 days of such certification. If no report has been rendered after 30 days, the applicant may proceed as if a favorable report were given.
(4)
Application for final detailed site plan approval. After receiving conditional approval on a preliminary sketch plan, and approval for all necessary permits and curb cuts, the applicant may prepare his final detailed site plan and submit it to the planning board for final approval, except that if more than 12 months has elapsed between the time of the planning board's report on the preliminary sketch plan and if the planning board finds that conditions have changed significantly in the interim, the planning board may require a resubmission of the preliminary plan for further review and possible revision prior to accepting the proposed final site plan for review. The final detailed plan shall conform to the preliminary sketch plan that has received preliminary approval. It should incorporate any revisions or other features that may have been recommended at the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission. An application for final site plan approval shall also contain:
a.
The final site plan at a scale of 50 feet to one inch. Where more than one sheet is required to show the entire development, a key map shall be provided.
b.
The lines of existing and proposed streets and sidewalks immediately adjoining and within the development or development stage.
c.
An area map showing applicant's entire holding, that portion of the applicant's property under consideration and all properties, subdivisions, streets and easements within 500 feet of the applicant's property.
d.
A topographic map showing contour intervals of not more than one foot of elevation shall be provided.
e.
A final sketch plan including the following information:
1.
Title of drawing, including name and address of the applicant.
2.
North point, scale and date.
3.
Boundaries of the property plotted to scale.
4.
Existing watercourses, including improvements and proposed changes.
5.
A site plan showing location, proposed use and height of all buildings; location of all parking and trucking loading areas, with access and egress drives thereto; location and proposed development of all open spaces including parks, playgrounds and open space reservations; location of outdoor storage, if any; location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; description of method of sewage disposal and location of such facilities; location and size of all signs; location and proposed development of buffer areas; location and design of lighting facilities; and the amount of building area proposed for nonresidential uses, if any.
f.
A tracing overlay showing all soil area and their classifications and those areas, if any, with moderate to high susceptibility to erosion. For areas with potential erosion problems, the overlay shall also include an outline and description of existing vegetation. This will be prepared by a qualified soils analyst.
g.
The name of existing and proposed streets.
h.
Typical cross sections of proposed streets and sidewalks.
i.
Profiles of proposed streets at suitable vertical scale showing finished grades in relation to existing ground elevation.
j.
Layout of proposed lot, including lot numbers and proposed numbering system for buildings.
k.
The location and size of any existing and proposed sewers (stormwater and/or sanitary), water mains and pipes on the property or into which connection is proposed.
l.
Provisions for city water supply and sewage disposal and evidence that such provisions have received approval of the county department of health.
m.
Locations of survey monuments.
n.
A planting plan indicating locations, varieties and minimum sizes of trees to be planted and of existing trees to be preserved. Existing wooded areas need not be itemized, but should be generally described.
o.
Brief specifications or reference to city standards for all public facilities to be constructed or installed within the development stage.
p.
The final site plan shall clearly delineate the boundaries of any permanent agricultural or open space use, its acreage and its percent of the total PUD area.
q.
All planned developments shall provide a section line right-of-way dedication, if applicable.
(4)
Action on the final detailed sketch plan application. Within 30 days of the receipt of the application for final sketch plan approval, and after a duly advertised public hearing, the planning board shall render a decision to the applicant and so notify the city commission. If no decision is made within the 30-day period, the final sketch plan shall be considered approved.
a.
Upon approving an application, the planning board shall endorse its approval on a copy of the final sketch plan and shall forward it to the city commission, who shall then hold a public hearing within 30 days of such approval.
b.
Upon disapproving an application, the planning board shall so inform the city commission. The planning board shall notify the applicant in writing of its reason for disapproval. A copy of the appropriate minutes may suffice for this notice.
c.
Upon approval by the city commission, notice shall be forwarded to the zoning officer for issue of building permits.
(5)
Request for changes in sketch plan. If in the detailed sketch plan development it becomes apparent that certain elements of the sketch plan, as it has been approved by the city commission, are unfeasible and in need of significant modification, the applicant shall then present his solution to the planning board as his preliminary sketch plan in accordance with the above procedures. The planning board shall then determine whether or not the modified plan is still in keeping with the intent of the zoning resolution. If a negative decision is reached, the sketch plan shall be considered as disapproved. The developer may then, if he wishes, produce another sketch plan in conformance with the approved sketch plan. If an affirmative decision is reached, the planning board shall so notify the city commission stating all of the particulars of the matter and its reasons why the project should be continued as modified. Preliminary sketch plan approval may then be given only with the consent of the city commission.
(6)
Staging. If the applicant wishes to stage his development, and he has so indicated, he may then submit only those stages he wished to develop for sketch plan approval in accordance with his staging plan. Any plan which requires more than 24 months to be completed shall be required to be staged and a staging plan must be developed. It is the intent of this section that individual stages of the development will have an integrity of use in their own right so that, if for any reason the entire development would not be completed, those portions of the development already constructed will be an asset to the community by themselves. Staging plans must take into account this objective, and developers proposing individual stages that significantly from the overall character of the development should present convincing evidence that such a stage is indeed in keeping with this section.
(e)
Other regulations applicable to planned unit developments.
(1)
Regulation after initial construction and occupancy. For the purpose of regulating development and use of property after initial construction and occupancy, any changes other than use changes shall be processed as a special permit request to the planning board. Use changes shall also be in the form of a request for special permit except that the city commission approval shall be required. It shall be noted, however, that properties lying in planned unit developments are unique and shall be so considered by the planning board and city commission when evaluating these requests; and maintenance of the intent and function of the planned unit shall be of primary importance.
(2)
Sketch plan review. Sketch plan review under the provisions of this section shall suffice for planning board review for subdivisions under city subdivision regulations, subject to the following conditions:
a.
The developer shall prepare sets of subdivision plats suitable for filing with the office of the county clerk in addition to those drawings required in this section.
b.
The developer shall plat the entire development as a subdivision; however, planned developments being developed in stages may be platted and filed in the same stages.
c.
Final sketch plan approval under subsection (d) of this section shall constitute final plat approval under the city subdivision regulations and provisions in city law requiring that the plat be filed with the county clerk.
The principles and criteria guiding the location of low and moderate income housing, rural households, households with special needs and farmworker households that follow are applicable to all residential zoning districts:
(1)
Locations shall be unlimited.
(2)
Densities shall be the same as permitted for households without special needs.
(3)
All developments shall provide public facilities and supporting infrastructure in accordance with those standards adopted in the recreation, utilities and transportation elements of this division.
(4)
All developments shall provide central water and sewer, adequate stormwater drainage and parking.
Public utilities needed to provide essential service to existing land uses, to such future land uses as are authorized by other plan elements of the city comprehensive plan, or to such future land uses as may be lawfully authorized by the city shall be permitted in all of the land use classifications.
(1)
Distribution lines may be above ground or below ground, accessible at all times by a dedicated easement or public right-of-way having a minimum width of 20 feet.
(2)
Structures, storage yards and substations shall be set back as provided in this chapter, and each facility shall be buffered as provided in section 126-183.
The following shall be the area, yard and height requirements of this division:
R-2A—Same as R-2 for single-family, two-family and multifamily. Manufactured or modular homes same as single-family.
**Minimum Lot Size for all residential zones R-1, R-2, R-2A with city water, no sewer ½ acre. No water, no sewer minimum size 1 acre.
a All requirements relative to front (in C-1 district), side and rear yards shall be the same as required in the residential district to which the front, side or rear of property in a C-1 or C-2 district adjoins or lies directly across a street or alley from; no front, side or rear yards shall be required on a side of such property adjacent to a nonresidential district.
;sup\sup;There shall be no height limitation in these districts except that all buildings in excess of 45 feet shall receive the written approval of the chief of the city fire department and within 150 feet of any residential district no building shall exceed the maximum height requirements of that residential district.
c There shall be a minimum front yard setback of 40 feet on federal and state highways.
d street right-of-way line.
(Ord. No. 07-10, § 8(Exh. H), 7-9-07)
The floor level of the living space of any construction shall be at least eight inches above the crown of the facing road. The floor level of the nonliving space of any construction shall be at least four inches above the crown of the facing road.
All principal buildings in R-1 shall comply with the following standards:
(1)
Roof pitch shall be a minimum of four inches rise for each 12 inches of run.
(2)
Roof covering shall consist of shingles (any material) or metal as manufactured by galvalume or its equal.
(3)
Roof shall have a minimum of 24 inches of overhang at eaves.
(4)
The building shall be a minimum of 20 feet wide.
(5)
Siding shall be of a non-reflective material.
(6)
Windows shall be substantially the same as those used in other housing in the neighborhoods, considering size, color, material and style.
(7)
Garages or carports are required and must be constructed substantially the same as other homes in adjacent or nearby areas.
(8)
Paved driveways and parking for one vehicle minimum are required.
(9)
The finished floor elevation to all habitable areas shall be a minimum of eight inches about the crown of the road that the structure faces.
(10)
All uninhabitable areas shall be a minimum of four inches above crown of the road that the building faces.
(11)
Foundations shall consist of concrete and be of the monolithic slab, stem wall or column type. Wood pilings shall also be permitted provide they are set in a concrete foundation.
(12)
Walls shall be constructed from wood concrete block, stone or brick or any combination and shall be anchored to the foundation per the latest edition of the applicable building code.
All principal buildings in R-2 shall comply with the above R-1 standards:
All principal buildings in R-2A shall comply with the following standards:
(1)
Roof pitch shall be a minimum of three inches rise for each 12 inches of run.
(2)
Roof covering may be of any type but shall be substantially the same as other homes in adjacent or nearby areas, considering type, color and materials.
(3)
Garages or carports are not required but if installed must be substantially the same as other homes in adjacent or nearby areas.
(4)
Driveways and parking area may be of a pervious or impervious material.
(5)
The building shall be a minimum of 12 feet wide.
(6)
Garages or carports are not required but if installed must be substantially the same as other buildings in adjacent or nearby areas.
(7)
Driveways and parking area may be of a pervious or impervious material.
(8)
All uninhabitable areas shall be a minimum of 4 inches above crown of the road that the building faces.
(9)
Foundations shall consist of concrete and be of the monolithic slab, stem wall or column type. Wood pilings shall also be permitted provide they are set in a concrete foundation.
(10)
Walls shall be constructed from wood concrete block, stone or brick or any combination and shall be anchored to the foundation per the latest edition of the applicable building code.
On a corner lot in any residential district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of 2 1/2 feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along such street lines 25 feet from the point of the intersection.
Notwithstanding other provisions of this article, fences, walls and hedges may be permitted in any required yard, or along the edge of any yard, provided that no fence, wall or hedge along the sides or front edge of any front yard shall be over 2 1/2 feet in height.
No accessory building shall be erected within five feet of the property boundary. An accessory building may only be erected in the rear yard.
In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this article shall be met for each structure as though it were on an individual lot.
The height limitations contained in the schedule of district regulations in this article do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.
All communications towers shall be monopole towers, (free standing), or lattice towers, (self-supporting); no guyed towers, (anchored with guy wires or cables), shall be allowed.
(Ord. No. 07-10, § 9(Exh. I), 7-9-07)
(a)
Aquifer recharge must be a component of all subdivisions and planned developments, through dedicated open space and/or continued agricultural and forestry land uses.
(b)
No septic tanks or individual wells will be allowed within 500 feet of any city well. A greater setback may be required by the city depending upon soils and geology.
(c)
No water retention areas will be allowed within 500 feet of any city well. A greater setback may be required by the city, depending upon soils and geology.
(a)
Intent. The intent of the regulations of this section is to specify the conditions under which group homes and foster care facilities are to be allowed as a matter of right or as a special exception in the city.
(b)
Classification matrix. Three classes of facilities have been identified for the purpose of deciding what uses may be permitted in the various zoning districts. These are:
(1)
Class 1, low potential for community impact.
(2)
Class 2, moderate potential for community impact.
(3)
Class 3, high potential for community impact.
Each type of institutional facility has been assigned a class in section 126-180. Section 126-181 identifies, by district, where a particular class is permitted as a matter of right, as a special exception, or is prohibited.
(c)
Densities. Within all residential districts, no more than one foster home shall be permitted per town block. There shall be no density cap in commercial districts.
(d)
Parking. For each foster home or group home, off-street parking shall be provided at the rate of one space per bed plus one space per employee on the maximum shift, if applicable, plus one space per nonclient, full-time resident. Parking spaces and aisle dimensions shall be as required in chapter 118 of this Code.
Classes assigned to the various institutions in the city shall be as follows:
FACILITY CLASS
Zoning districts and types of institutional uses permitted as either a matter of right, as a special exception, or expressly prohibited are as follows:
INSTITUTIONAL CLASS
(a)
Where endangered species habitats are preserved, development rights may be transferred elsewhere on the property being developed.
(b)
To ascertain the extent and quality of a wildlife habitat, the applicant shall prepare a wildlife assessment and protection component as is required for all subdivisions and planned developments.
(c)
Over five percent of the land area in each subdivision or planned development will preserve or restore native wildlife habitats. In addition to the preservation areas, the applicant shall document other methods used to enhance the ability of native wildlife populations to coexist with the proposed development.
(d)
All wildlife management and protection plans will be submitted by the city to the state fish and wildlife conservation commission prior to the issuance of a development order.
Editor's note— Ord. No. 10-02, § 2, adopted January 25, 2010, repealed § 126-183, which pertained to buffering.
(a)
Special exception criteria. A special exception (SE) may be granted for any legal use by the city board of adjustment and code enforcement (hereafter referred to as the "BACE") if all of the following criteria are met pertaining to the proposed use. If any one of the following criteria are not met by a majority of the BACE a SE cannot be granted.
(b)
Procedure for reviewing, granting or denying a special exception. Each board member shall be given a copy of the SE application and all relevant information pertaining to the application (maps, zoning, locations etc.). Chairperson shall have application read by the secretary to the board embers, after which chairperson shall recognize applicant or his/her representative from audience so they may present their reasons for wanting a SE to the board. Each board member shall have the opportunity to question the applicant as he/she may desire concerning the proposed SE.
After any general discussion the chairperson shall read each item from the list of criteria in order and allow for any discussion pertaining to each item. After each item is read and any discussion, the chairperson shall call for a show of hands from the board. Each and all items that apply must pass by a majority vote for the special exception to be allowed.
A special exception may be granted by the BACE with special conditions attached in the form of a development agreement between the city and the applicant. The development agreement must be signed by the applicant before the SE will be in effect.
(c)
Flow chart for special exceptions.
(1)
The applicant will complete an application with appropriate fees and submit it to the building and zoning administrator.
(2)
The city will advertise in the local paper 15 days prior to the next scheduled BACE meeting.
(3)
The city will post notice of proposed special exception on property 15 days prior to the next scheduled BACE meeting.
(4)
The city will notify applicant 15 days prior to BACE meeting.
(5)
The BACE meeting for application review will be on the second Thursday of each month.
It is to be understood by applicant that in relation to the SE request there shall be no use of property, structures or any type of construction undertaken until the applicant's SE request has final approval by the board of adjustment & code enforcement. The applicant shall verify through the building department the type of requirements that may be required for their project. The estimated time frame for a SE to be finalized is approximately 30 to 45 calendar days minimum.
(1)
No person other than members of the family residing on the premises shall be engaged in such occupation.
(2)
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
(3)
There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding four square feet in area, nonilluminated, and mounted flat against the wall of the principal building.
(4)
No other home occupation shall be considered with such home occupation.
(5)
There shall be no sales in connection with such home occupation.
(6)
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
(7)
No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
General requirements for recreational vehicle parks are as follows:
(1)
Recreational vehicle parks shall be primarily for recreational use by persons with transportable recreational housing, with appropriate accessory uses and structures.
(2)
The land on which the recreational vehicle park is developed shall be under unified control and shall be planned and developed as a whole in a single development operation or programmed series of development operations for recreational vehicles and related uses and facilities. Subsequent subdivision of lots or conveyance of sites to individual owners by any means is prohibited.
(3)
The principal and accessory uses and structures shall be substantially related to the character of the development in the context of the district of which it is a part.
(4)
The recreational vehicle park shall be developed according to comprehensive and detailed plans that include not only streets, utilities, lots, or building sites and the like, but also site plans, floor plans and elevations for all buildings or structures as intended to be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to any building or structure.
(5)
The recreational vehicle park shall have a program provision for, maintenance and operation of all areas, improvements, and facilities for the common use of all or some of the occupants of the park, but will not be provided, operated, or maintained at general public expense.
(Ord. No. 18-01, § 1, 3-26-18)
The allowable uses in a recreational vehicle park include the following:
(1)
Recreational vehicles are not to be occupied for more than 180 consecutive days.
In accordance with Chapter 513, Florida Statutes, the period of time recreational vehicles placed in recreational vehicle parks are occupied as living quarters during each year is different from the period of time recreational vehicles are located in the recreational vehicle park. During the time the recreational vehicle is not occupied as temporary or seasonal quarters, it may be stored and tied down on the recreational vehicle site. The affixing of a recreational vehicle to the ground by way of tie-downs or other removable fasteners, and the attachment of carports, porches, screen rooms, and similar appurtenances by way of removable attaching devices, does not render the recreational vehicle a permanent part of the recreational vehicle site.
(2)
Park trailers (park models) as defined by state law, provided they are placed in an area designated exclusively for that use. Park models are not to be occupied for more than 180 consecutive days.
In accordance with Chapter 513, Florida Statutes, the period of time park trailers (park models) placed in recreational vehicle parks are occupied as living quarters during each year is different from the period of time park trailers (park models) are located in the recreational vehicle park. During the time the park trailer (park model) is not occupied as temporary or seasonal quarters, it may be stored and tied down on the site. The affixing of a park trailer (park model) to the ground by way of tie-downs or other removable fasteners, and the attachment of carports, porches, screen rooms, and similar appurtenances by way of removable attaching devices, does not render the park trailers (park models)a permanent part of the site.
(3)
Convenience establishments for the sale or rental of supplies or for provision of services, for the satisfaction of daily or frequent needs of campers, within the park may be permitted. These establishments may provide items needed by users of the park. These establishments shall be designed to serve only the needs of the campers within the park and shall not, including their parking areas, occupy more than five percent of the area of the park, and shall not be so located as to attract patronage from outside the grounds, nor have adverse effects on surrounding land uses.
(Ord. No. 18-01, § 1, 3-26-18)
The following site design requirements shall be met:
(1)
The minimum land area for a recreational vehicle park shall be two acres.
(2)
The maximum density for a recreational vehicle park shall be 12 spaces per gross acre. Storage spaces shall be included in the density calculation.
(3)
Individual spaces shall take access to internal streets and shall not take direct access to adjoining public rights-of-way.
(4)
Access to the recreational vehicle park shall be from a collector or arterial roadway.
(5)
Internal streets shall provide safe and convenient access to spaces and appropriate park facilities. Alignment and gradient shall be properly adapted to topography. Construction and maintenance shall provide a well-drained and dust free surface that is of adequate width to accommodate anticipated traffic, and in any case, shall meet the following minimum requirements:
(6)
Streets may be used as part of the pedestrian circulation system.
(7)
Not less than eight percent of the area of the district shall be devoted to recreation area. The recreation area may include space for common walkways and related landscaping in block interiors, provided that the common open space is at least 20 feet in width as passive recreation space. At least half of the total required recreation area shall be comprised of facilities for active recreation, such as swimming pools, ball fields, shuffleboard courts, or play lots for small children. These facilities shall be so located as to be readily available from all spaces, and free from traffic hazards.
(8)
Camping spaces shall be so located in relation to internal streets as to provide for convenient vehicular ingress and egress as the space is intended for use by wheeled units. Where back-in or back-out spaces are used, appropriate maneuvering room shall be provided in the adjacent internal street and within the space.
(9)
Where spaces are to be used exclusively for the erection of tents on the ground, provision for vehicular access on such spaces shall not be required, but parking areas shall be located within 100 feet, except in circumstances in which providing such vehicular accessibility would result in excessive destruction of trees or other vegetation, or where it would be impractical to provide such parking areas within such distances for particularly desirable campsites.
(10)
Spaces shall be so related to pedestrian ways and principal destinations within the park as to provide for convenient pedestrian access to such destinations by the pedestrian systems.
(11)
No minimum dimensions are specified for spaces, however each shall provide a stand with the clearances and open spaces necessary for habitation with the boundaries of each stand and space being clearly indicated.
(12)
Spaces for dependent units shall be located within 400 feet by normal pedestrian routes of toilet, washroom, and bath facilities.
(13)
Spaces for self-contained units, operating as such, may be located by normal pedestrian routes from toilet, washroom, and bath facilities.
(14)
Stands shall be of such size, location and design to provide for the type of units that will use them. Thus, where use by wheeled units is intended, vehicular access to the stand itself is essential. If use is to be restricted to tents to be erected on the ground, vehicular access to the stand itself is not essential, but the dimensions required may be different and it will be of primary importance that the stand have a level surface suitable for erection of a tent, composed of material suitable for driving and holding tent pegs, free of rocks, roots or other impediments to the driving of pegs to the depth of at least eight inches, and graded and drained to prevent flow of surface water into or under tents erected on it.
(15)
Stands shall be so located that when used, clearance from units, including attached awnings and the like, shall be as follows:
a.
From units on adjoining stands, ten feet.
b.
From internal streets of common parking areas, ten feet.
c.
From portions of building not containing uses likely to disturb stand occupants, or constructed or oriented so that noise and lights will not be disturbing to occupants of space, 25 feet.
d.
From any other use or fueling facility, 50 feet.
(16)
Within each space, there shall be an area suitably located and improved for outdoor use by occupants of units and not to be occupied by units or towing vehicles except during maneuvering incidental to location or removal. This space shall be at least eight feet in minimum dimensions and 160 square feet in area in route parks, ten feet in minimum dimension and 200 square feet in area in destination parks, and shall be so located as to be easily accessible from the entry side of units as normally parked and oriented on stands.
(17)
Where fireplaces, cooking shelters, or similar facilities for open fire or outdoor cooking are provided within spaces or elsewhere, they shall be so located, constructed, maintained, and used as to minimize fire hazards and smoke nuisance within the park and in adjoining areas.
(Ord. No. 18-02, § 1, 3-26-18)
DISTRICTS
The city is divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is adopted by reference and declared to be a part of this article.
(1)
The official zoning map shall be identified by the signature of the mayor attested by the city manager, and bearing the seal of the city under the following words: "This is to certify that this is the official zoning map referred to in the zoning chapter of the Code of Ordinances City of Chiefland, Florida," together with the date of the adoption of this article.
(2)
If, in accordance with the provisions of this article and F.S. ch. 176, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the city commission, with an entry on the official zoning map as follows: "On _______, by official action of the city commission, the following change(s) were made in the official zoning map: _______," which entry shall be signed by the mayor and attested by the city manager. No amendment to this article which involves matter portrayed on the official zoning map shall become effective until after such change and entry has been made on such map.
(3)
No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this article. Any unauthorized change of whatever kind by any person shall be considered a violation of this article.
(4)
Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be located in the office of the city manager shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the city.
If the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city commission may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor, attested by the city manager, and bearing the seal of the city under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted _______ as part of the zoning chapter of the Code of Ordinances, City of Chiefland, Florida."
Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive or those imposing the higher standards, shall govern.
Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the rules of this division shall apply.
(a)
Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.
(b)
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(c)
Boundaries indicated as approximately following city limits shall be construed as following such city limits.
(d)
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(e)
Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or bodies of water shall be construed to follow such centerlines.
(f)
Boundaries indicated as parallel to or extensions of features indicated in subsections (a)—(e) of this section shall be so constructed. Distances not specifically indicated on the official zoning map shall be determined by the written description of the zones.
Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by section 126-102, the board of adjustment and code enforcement board shall interpret the district boundaries.
No building, structure or land shall hereafter be used, occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations specified in this article for the district in which it is located.
No building or other structure shall hereafter be erected or altered to:
(1)
Exceed the height or bulk.
(2)
Accommodate or house a greater number of families.
(3)
Occupy a greater percentage of lot area.
(4)
Have narrower, smaller rear yards, front yards, side yards or other open spaces than required in this article; or in any other manner contrary to the provisions of this article.
(a)
No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this article, shall be included as part of a yard, open space, or off-street parking or loading space similarly for any other building.
(b)
No yard or lot existing at the time of passage of the ordinance from which this division is derived shall be reduced in dimension or area below the minimum requirements set forth in this article. Yards or lots created after the effective date of the ordinance from which this division is derived shall meet the minimum requirements established by this article.
(a)
Permitted uses and structures. Permitted uses and structures permitted in the R-1 residence district shall be as follows:
(1)
Detached single-family dwellings.
(2)
Category B manufactured or modular homes provided they comply with the design standards of Chapter 102 and section 126-153.
(3)
Religious facilities and related accessory buildings, provided they are located on a lot fronting a major artery or connecting route and are placed not less than 15 feet from any property line with required off-street parking spaces separated from property lines by a planted buffer at least three feet in width.
(4)
Religious facility bulletin boards, provided that they do not exceed 25 square feet in area.
(5)
Public and private schools offering general education courses.
(6)
Public utility stations as electrical substations, sewerage pumping stations, provided they are surrounded by a wire woven fence at least eight feet high, have a planted buffer zone and there is no storage of vehicles or equipment on the premises.
(7)
Public parks and recreation areas, as well as private golf courses.
(8)
One non-illuminated sign advertising the sale or rent of the land or building upon which it is located. Such sign shall not exceed four square feet in area, two linear feet in length, two linear feet in height.
(9)
Noncommercial greenhouses.
(10)
Accessory buildings, provided such shall be permitted only in a rear yard and shall be not less than ten feet from any property line; provided, however, that a detached garage may be permitted in a side yard if it does not project beyond the front of the house.
(11)
Customary home occupations, including the professional offices of a physician, dentist, musician, lawyer, artist and engineer conducted within the dwelling.
(12)
Private swimming pools and tennis courts.
(b)
Prohibited uses and structures. Prohibited uses and structures in the R-1 residence district shall be as follows:
(1)
Medical marijuana dispensing facilities.
(Ord. No. 17-08, § 1, 12-11-17)
(a)
Permitted uses and structures. Permitted uses and structures in the R-2 residence district shall be as follows:
(1)
All residential uses permitted in an R-1 district.
(2)
All nonresidential uses permitted in an R-1 district subject to R-1 district use requirements.
(3)
Two-family dwellings, including duplexes and semidetached structures.
(4)
Multifamily dwellings.
(5)
Apartment hotels for nontransients.
(6)
Rooming houses and boardinghouses.
(7)
Hospitals for human care, except those primarily for the treatment of mental disorders, charitable institutions, sanatoriums and nursing homes.
(8)
Manufactured or modular homes, parks, trailer camps, or courts, provided the parcel is a minimum of five acres and the minimum size of the manufactured or modular home lot shall be no less than 3,000 square feet, 40 feet in width and 75 feet in length, where served by public sewers. The manufactured or modular home lot shall not contain less than 5,000 square feet of lot area per trailer where served by septic tanks. No manufactured or modular home will be located within 50 feet of any park boundary on any side. The minimum distance between any two trailers, or any trailer and another building in the park, shall be 20 feet, and at least 200 square feet per trailer lot, which 200 square feet shall not be part of required trailer stalls, shall be provided in one or more locations for community playground and recreational purposes.
(9)
Nursery schools or kindergartens provided at least 100 square feet of outdoor play area is available to each child. The outdoor play area shall be enclosed by a dense shrubbery planting which shall be kept free of refuse and protected by a fence having a height of at least three feet six inches in order to prevent passage through the planting. One non-illuminated sign may be used for identifying the principal structure only and without advertising information. No outdoor play equipment, nor displays such as nursery rhyme characters or scenes depicting national or religious holidays or the like, may be exhibited in the front or side yards. The principal and accessory buildings of such uses shall meet all yard and setback and height requirements of this district.
(10)
Day care facilities as regulated by current Florida Statutes.
(11)
Apartments.
(b)
Prohibited uses and structures. Prohibited uses and structures in the R-2 residence district shall be as follows:
(1)
Medical marijuana dispensing facilities.
(Ord. No. 17-08, § 2, 12-11-17)
(a)
Permitted uses and structures. Permitted uses and structures in the R-2a residence district shall be as follows:
(1)
All residential uses permitted in an R-1 and R-2 district.
(2)
All nonresidential uses permitted in an R-1 and R-2 district subject to R-1 district use requirements.
(3)
Category A and B manufactured and modular homes subject to the requirements of Chapter 102 and 126-155.
(4)
Apartments.
(b)
Prohibited uses and structures. Prohibited uses and structures in the R-2a residence district shall be as follows:
(1)
Medical marijuana dispensing facilities.
(Ord. No. 17-08, § 3, 12-11-17)
(a)
Permitted uses and structures. Permitted uses and structures in an agricultural district shall be as follows:
(1)
General farming, truck gardening, pasturage.
(2)
Single-family building.
(3)
Schools.
(4)
Public parks and recreation areas.
(5)
Circuses, carnivals and fairs.
(6)
Accessory buildings or uses customarily incidental to the use of the main uses including farm residences.
(7)
Manufactured or modular home parks, subject to the provisions of section 126-142(8).
(8)
Light industrial uses, provided that such use be located on a site of not less than ten acres; provided that abutting residential properties will be protected from drainage of surface water, noise, odor, glare, dust and fumes or other objectionable conditions; that provision is made for adequate vehicular and pedestrian access and circulation so as not to present problems of safety on the site or unduly impede normal traffic movement on adjacent streets; that requirements for parking as provided in chapter 118 of this Code are met.
a.
Further, no building structure, or land within 100 feet of any lot line of a lot located in a residence district shall be used in connection with the operation of any establishment. Off-street parking and off-street loading space may be located within this setback area in accordance with regulations on parking in chapter 118 of this Code.
b.
Within 300 feet of a residential district boundary line all activities and operations shall be completely screened by a solid wall at least eight feet in height, and open storage shall not be of greater height than that of the enclosing fence, except that off-street loading and unloading spaces may be located in accordance with the parking provisions of chapter 118 of this Code.
(9)
Livestock and poultry raising and dairying provided when such uses are located within 300 feet of a residential district boundary line shall be screened by solid fence.
(10)
Dance hall.
(11)
Charitable institutions, sanatoriums, hospitals primarily for mental disorders and nursing.
(12)
Animal care facilities subject to the design standards of Chapter 14, Article III.
(b)
Prohibited uses and structures. Prohibited uses and structures in the Agricultural district shall be as follows:
(1)
Medical marijuana dispensing facilities.
(Ord. No. 17-08, § 4, 12-11-17)
(a)
Permitted uses and structures. Permitted uses and structures in a C-1A commercial district shall be as follows:
(1)
Offices which are for their primary purpose offering a professional service rather than selling a tangible product to the public, and storage as provided in subsection (c) of this section.
(2)
Funeral homes (without crematory).
(3)
Apartments by special exception only.
(b)
Prohibited uses and structures. All businesses allowed under commercial districts C-1 and C-2 of this division unless such commercial business use is classified in the permitted uses provision of this section. Medical marijuana dispensing facilities are prohibited in the C-1A commercial district.
(c)
Storage. Storage in a C-1A commercial district shall be as follows:
(1)
Outside storage of materials and equipment in conjunction with a permitted use shall be allowed only under the following conditions. The storage area shall be enclosed by a decorative wood or masonry fence having a minimum height of eight feet and constructed in a workmanlike manner. The entire storage areas shall be attached to each rear corner of the business building. The storage area shall be in the rear yard of any lot, but in the case of corner lots, shall lie to the rear of the business structure and in the case of through lots, may extend to the back street. Gates must be of decorative wood and must be closed except when in actual use. No storage shall be higher than the height of the fence.
(2)
Inside storage of materials and equipment in conjunction with a permitted use shall be allowed only in storage buildings having a roof and floor, enclosed on all four sides, and meeting the building code of the city.
(Ord. No. 17-08, § 5, 12-11-17)
(a)
Permitted uses and structures. Permitted uses and structures in the C-1 and C-1A commercial district shall be as follows:
(1)
Animal hospitals, veterinary clinics, and commercial clinics subject to the design standards of Chapter 14, Article III.
(2)
Parking garages and lots.
(2.5)
Business and professional offices, banks, theaters and hotels.
(3)
Government offices.
(4)
Religious facilities subject to section 126-141(3), (4).
(5)
Barbershops and beauty shops (nail technicians, tanning salons, and cosmetology).
(6)
Clothing and dry goods stores.
(7)
Dance studio.
(8)
Drugstores and/or pharmacy.
(9)
Electrical repair and similar repair.
(10)
Flower shop.
(11)
Food stores, including meat markets, dairy products and package liquor stores.
(12)
Indoor Entertainment, bowling alleys, poolrooms.
(13)
Funeral homes.
(14)
Light repair such as shoe repair, tailoring, watch and clock repair.
(15)
Locksmith.
(16)
Healthcare facilities.
(17)
Photography studio.
(18)
Lumber and building materials when stored in buildings.
(19)
Restaurants, but not drive-in restaurants.
(20)
Clubs, lodges and fraternal organizations.
(21)
Feed stores.
(22)
Seed, insecticide and growers' supplies when stored in buildings.
(23)
Public parks and recreation areas.
(24)
Signs and billboards subject to chapter 110 of this Code.
(25)
Furniture and appliance store.
(26)
Apartments by special exception only.
(27)
Retail sales and repairs.
(28)
Storage as provided in subsection (b) of this section.
(b)
Storage. Storage in the C-1 commercial district shall be as follows:
(1)
Outside storage of materials and equipment in conjunction with a permitted use shall be allowed only under the following conditions. The storage area shall be enclosed by a decorative wood or masonry fence having a minimum height of eight feet and constructed in a workmanlike manner. The entire storage area shall be enclosed, and the fence must be attached to each rear corner of the business building. The storage area shall be in the rear yard of any lot, but in the case of corner lots, shall lie to the rear of the business structure, and in the case of through lots, may extend to the back street. Gates must be of decorative wood and must be closed except when in actual use. No storage shall be higher than the height of the fence.
(2)
Inside storage of materials and equipment in conjunction with a permitted use shall be allowed only in storage buildings having a roof and floor, enclosed on all four sides and meeting the building code of the city.
(c)
Prohibited uses and structures. All the types of businesses allowed under section 126-147 shall be prohibited in the C-1 commercial district. Medical marijuana dispensing facilities are prohibited in the C-1 commercial district.
(Ord. No. 17-08, § 6, 12-11-17)
(a)
Permitted uses and structures. Permitted uses and structures in the C-2 highway commercial district shall be as follows:
(1)
Any use or structure in the C-1 commercial district.
(2)
Automobile, truck, farm equipment or motorcycle sales, repair or upholstery; auto washerteria, paint shops or tire recapping (including rebuilding or parts and sale of parts and equipment indoors only). There shall be no outside storage of equipment or materials other than merchandise offered for sale. No junk or salvage material shall be stored outside.
(3)
Gasoline stations, provided that all structures and buildings, except principal use signs, and including storage tanks shall be placed not less than 25 feet from any side or rear property line except where such side or rear property lines abut a street, in which case the setback shall be that required for such streets measured from the street line. All buildings or structures, including gas pumps and storage tanks, except principal use signs, shall comply with the setback requirements of any abutting street. If on a corner lot, the means of access and egress shall be arranged and designed so as to minimize the interference with the flow of traffic.
(4)
Signs and billboards subject to chapter 110 of this Code.
(5)
Launderette, washerteria and dry cleaning.
(6)
Motels, hotels and tourist homes, taverns, bars and lounges.
(7)
Railroad or bus passenger station.
(8)
Restaurants, including drive-in restaurants and food catering service.
(9)
Residential trailer sales room and sales lot.
(10)
Wholesaling and warehousing provided that when these activities abut a residential district, they shall be separated therefrom by appropriate screening. (See section 126-183)
(11)
Skating rinks.
(12)
Outside storage of materials and equipment in conjunction with a permitted use shall be allowed; provided, however, that if the lot adjoins a residential area, then the storage area shall be separated from the residential area by a decorative wood or masonry fence having a minimum height of eight feet and constructed in a workmanlike manner. If the lot is a corner lot, the fence must extend along the side property line to a point even with the rear of the business building. Gates must be of decorative wood and must be closed except when in actual use. No storage shall be higher than the height of the fence.
(13)
Inside storage of materials and equipment in conjunction with a permitted use shall be allowed only in storage buildings having a roof and floor, enclosed on all four sides and meeting the building code of the city.
(14)
Apartments by special exception only.
(15)
Print shops and newspaper printing shops.
(16)
Funeral home with crematory.
(17)
Drive thru facilities.
(b)
Prohibited uses and structures. Prohibited uses and structures in the C-2 highway commercial district shall be as follows:
(1)
Medical marijuana dispensing facilities.
(Ord. No. 17-08, § 7, 12-11-17)
(a)
General use criteria. The principal uses permitted in any I district shall be limited in general to the assembly, packaging or processing of previously prepared goods and materials. Additional permitted uses include the storage of goods and materials; the receiving, sorting and/or distribution of goods and materials; fabricating shops; retail and wholesale activities requiring extensive storage or warehousing; related commercial and service activities; and certain types of manufacturing and processing of raw materials and goods and other uses specifically listed in subsections (c) and (d) of this section.
(b)
Creation of two districts. The industrial area is divided into two districts, I-1 and I-2. These districts are designed for a wide range of manufacturing and related uses and are divided so as to group into I-1 those industrial users which can meet a high-level of performance standards while those in I-2 are designed for manufacturing and related activities which can meet a medium-level of performance standards.
(c)
Uses permitted in I-1. The following uses shall be permitted in an I-1 industrial district:
(1)
Any industry conforming with section 126-147 as well as meeting the following criteria: Such industry shall be of such a nature that it can be operated so as to be not injurious or offensive or detrimental to the present or intended character of this district or vicinity by reason of emission of noise, dust, glare, smoke, gas, fire, odors, vibration, toxic or noxious waste materials or fumes.
(2)
Warehousing, building materials yards and contractors' equipment storage yards.
(3)
Ice manufacturing and cold storage.
(4)
Railroad freight terminals.
(5)
Truck terminals.
(6)
Bottling and packaging works.
(7)
Electrical repair shops.
(8)
Radio and television transmission towers.
(9)
Adult or sexually oriented establishments as defined under section 126-273 of this chapter.
(d)
Uses permitted in I-2. The following uses shall be permitted in an I-2 industrial district:
(1)
Any industry conforming with the requirements of district I-1 as set forth in subsection (c) of this section.
(2)
Fruit and vegetable grading and packinghouses.
(3)
Canning plants.
(4)
Cement products, sand and gravel yards.
(5)
Machine shops.
(6)
Mill works.
(7)
Gasoline or other motor fuel stations, including bulk storage.
(8)
Junkyards, provided any such use is screened from view by a solid wall, planted screen or opaque partition at least six feet in height. All dismantling, storage or repair work shall take place within the screened area.
(9)
Chemical plants.
(10)
Planned industrial parks.
a.
Plans for industrial parks are subject to the approval of the planning board and must provide that abutting residential properties will be protected from drainage of surface water, noise, odor, glare, dust and fumes or other objectionable conditions; that provision is made for adequate vehicular and pedestrian access and circulation so as not to present problems of safety on the site or unduly impede normal traffic movement on adjacent streets; that requirements for parking as provided in chapter 118 of this Code are met.
b.
Further, no building, structure or land within 100 feet of any lot line of a lot located in a residence district shall be used in connection with the operations of any establishment. Off-street parking and off-street loading space may be located within this setback area in accordance with regulations on parking in chapter 118 of this Code. Within 300 feet of a residence district boundary line, all activities and operations shall be completely screened by a solid wall at least eight feet in height, and open storage shall not be of greater height than that of the enclosing fence, except that off-street loading and unloading spaces may be located in accordance with the parking provisions of chapter 118 of this Code.
(11)
Adult or sexually oriented establishments as defined under section 126-273 of this chapter.
(e)
Prohibited uses and structures. Uses and structures prohibited in both I-1 and I-2 industrial districts. The following uses shall be prohibited in I-1 and I-2 industrial districts:
(1)
Residences.
(2)
Places of public assembly.
(3)
Medical marijuana dispensing facilities.
(Ord. No. 08-11, § 4, 2-23-09; Ord. No. 17-08, § 8, 12-11-17)
(a)
Intent. It is the intent of this section to provide flexible land use and design regulation through the use of performance criteria so that small-to-large-scale neighborhoods or portions thereof may be developed within the city, that incorporate a variety of residential types and nonresidential uses, and contain both individual building sites and common property which are planned and developed as one entity. Such a development is to be designed and organized so as to be capable of satisfactory use and operation as a separate entity without necessarily needing the participation of other building sites or other common property in order to function as a neighborhood. This section specifically encourages innovations in residential development so that the growing demands for housing at all economic levels may be met by greater variety in type, design and siting of dwellings and by the conservation and more efficient use of land in such developments. This section recognizes that while the standard zoning function (use and bulk) and the subdivision function (platting and design) are appropriate for the regulation of land use in areas or neighborhoods that are already substantially developed, these controls represent a type of preregulation, regulatory rigidity and uniformity which may be inimical to the techniques of land development contained in the planned unit development concept.
(b)
Objectives. In order to carry out the intent of this section, a planned unit development shall achieve the following objectives:
(1)
A maximum choice in the types of environment, occupancy, tenure (e.g., cooperatives, individual ownership, condominium, leasing), types of housing, lot sizes and community facilities available to existing and potential county residents at all economic levels.
(2)
More usable open space and recreation areas.
(3)
More convenience in location of accessory commercial and service areas.
(4)
The preservation of trees, outstanding natural topography and geologic features and prevention of soil erosion.
(5)
A creative use of land and related physical development which allows an orderly transition of land from rural to urban uses.
(6)
An efficient use of land resulting in smaller networks of utilities and streets and thereby lowering housing costs.
(7)
A development pattern in harmony with the objectives of the master plan of the city, especially in regard to agricultural land use.
(8)
A more desirable environment than would be possible through the strict application of other articles of this chapter.
(9)
The preservation of historic structures through rehabilitation and, where appropriate, conversion to commercial use.
(c)
General requirements.
(1)
Minimum area. Under normal circumstances, the minimum area requirements to qualify for a planned unit development shall be 20 contiguous acres of land.
(2)
Ownership. The tract of land for a project may be owned, leased or controlled either by a single person or corporation, or by a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In case of multiple ownership, the approved plan shall be binding on all owners.
(3)
Permitted uses. All uses within an area designated as a planned unit development shall comply with provisions of this section and the approval of the project concerned.
a.
Residential uses. Residences may be of any variety of types. In developing a balanced community, the use of a variety of housing types and densities shall be deemed most in keeping with this division. In keeping with the objectives found in subsection (b) of this section, the developer must demonstrate that he is reaching as broad an economic market as possible, and the absence of any but middle income housing and higher in the proposed development shall be considered grounds for disapproval of the application. In making these determinations, the planning board shall consider the size of the site, its location with respect to community services and facilities, transportation and area wide market surveys as are available from several sources in the city. Developers are further encouraged to avail themselves of such state, federal and other housing programs as may be available to accomplish these objectives.
b.
Commercial, service and other nonresidential uses. Commercial, service and other nonresidential uses may be permitted. Consideration shall be given to the project as it exists in its larger setting in determining the appropriateness of such uses. All proposed planned unit developments shall provide clustered development and shall document a high percentage of internal capture of vehicle trips through an appropriate mix of land uses. As used in this section, "internal" specifically excludes access to nonhighway oriented commercial development directly from or to any arterial road as functionally classified by this plan, and it is intended that the majority of commercial development in a PUD will be centrally located relative to the boundaries of the proposed development.
c.
Customary accessory uses. Accessory uses such as private garages, storage spaces, recreational and community activities, religious facilities and schools shall also be permitted as appropriate to the development.
(4)
Intensity of land use. In all zoning districts, the gross density of a PUD shall be no greater than as provided on file in the office of the city manager. Within a PUD, clustering and increased building heights may be utilized to increase the amount of open space.
(d)
Application procedure and zoning approval process.
(1)
Generally. Whenever any planned unit development is proposed, before any permit for the erection of a permanent building in such development shall be granted, and before any subdivision plat of any part thereof may be filed in the office of the county clerk, the developer or his authorized agent shall apply for and secure approval of such development in accordance with the procedures in this subsection (d):
(2)
Application for sketch plan approval.
a.
In order to allow the planning board and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit a sketch plan of his proposal to the planning board. The sketch plan shall be approximately to scale, though it need not be to the precision of a finished engineering drawing; and it shall clearly show the following information:
1.
The location of the various uses and their areas in acres.
2.
The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private.
3.
Delineation of the various residential areas indicating for each such area its general extent, size and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type, i.e., single-family detached, duplex, townhouse, garden apartments, highrise and general middle-income, moderate-income, elderly units, family units, etc.; plus a calculation of the residential density per gross acre, total area including interior roadways, for each such area.
4.
The interior open space system.
5.
The overall drainage system.
6.
If grades exceed three percent or portions of the site have a moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding and ponding, a topographic map showing contour intervals of not more than five feet of elevation shall be provided along with an overlay outlining the above susceptible soil areas, if any.
7.
Principle ties to the community at large with respect to transportation, water supply, sewage disposal and power sources.
8.
General description of the provision of other community facilities, such as schools, fire protection services, and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated.
9.
A location map showing uses and ownership of abutting lands.
b.
In addition, the following documentation shall accompany the sketch plan:
1.
Evidence of how the developer's particular mix of land uses meets existing community demands, to include area wide as well as local considerations.
2.
Evidence of the developer's compliance with respect to the provision of an adequate mix of housing for all economic levels.
3.
Evidence that the proposal is compatible with the goals of the city comprehensive plan; with particular emphasis upon maximizing open space, improving aesthetics and reducing city utility installation costs.
4.
General statement as to how common open space is to be owned and maintained.
5.
If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan of this section shall show the intended total project.
6.
Evidence of any sort in the applicant's own behalf to demonstrate is competence to carry out the plan and awareness of the scope of such a project, both physical and financial.
7.
Average and maximum drainageway discharges before and after development will be provided, based upon estimates of a registered engineer.
8.
Documentation of environmentally unique or endangered areas and the protection of natural and historical resources.
c.
The planning board shall review the sketch plan and its related documents and shall render either a favorable report to the city commission or an unfavorable report to the applicant.
1.
A favorable report shall include a recommendation that a public hearing be held for the purpose of considering the preliminary proposal. It shall be based on the following findings which shall be included as part of the report:
i.
The proposal conforms to the comprehensive plan.
ii.
The proposal meets the intent and objectives of this section.
iii.
The proposal meets all the general requirements of subsection (c) of this section.
iv.
The proposal is conceptually sound in that it meets local and area wide needs and it conforms to accepted design principals in the proposed functional roadway and pedestrian system, land use configuration, open space system, drainage system and scale of the elements both absolutely and to one another.
v.
There are adequate services and utilities available or proposed to be made available in the development.
2.
An unfavorable report shall state clearly the reasons therefore, and if appropriate, point out to the applicant what might be accomplished in order to receive a favorable report.
3.
Failure of a proposed PUD to provide facilities in common ownership, utilize innovative techniques, and provide housing with accessory commercial uses shall result in denial if all three provisions are lacking, and may result in a denial if one or two of the provisions are lacking. This requirement shall not be interpreted to preclude denial on other grounds, including, but not limited to, for example, the failure to provide a range of housing costs.
4.
The chairman of the planning board shall certify when all of the necessary application material has been presented; and the planning board shall submit its report within 30 days of such certification. If no report has been rendered after 30 days, the applicant may proceed as if a favorable report were given.
(4)
Application for final detailed site plan approval. After receiving conditional approval on a preliminary sketch plan, and approval for all necessary permits and curb cuts, the applicant may prepare his final detailed site plan and submit it to the planning board for final approval, except that if more than 12 months has elapsed between the time of the planning board's report on the preliminary sketch plan and if the planning board finds that conditions have changed significantly in the interim, the planning board may require a resubmission of the preliminary plan for further review and possible revision prior to accepting the proposed final site plan for review. The final detailed plan shall conform to the preliminary sketch plan that has received preliminary approval. It should incorporate any revisions or other features that may have been recommended at the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission. An application for final site plan approval shall also contain:
a.
The final site plan at a scale of 50 feet to one inch. Where more than one sheet is required to show the entire development, a key map shall be provided.
b.
The lines of existing and proposed streets and sidewalks immediately adjoining and within the development or development stage.
c.
An area map showing applicant's entire holding, that portion of the applicant's property under consideration and all properties, subdivisions, streets and easements within 500 feet of the applicant's property.
d.
A topographic map showing contour intervals of not more than one foot of elevation shall be provided.
e.
A final sketch plan including the following information:
1.
Title of drawing, including name and address of the applicant.
2.
North point, scale and date.
3.
Boundaries of the property plotted to scale.
4.
Existing watercourses, including improvements and proposed changes.
5.
A site plan showing location, proposed use and height of all buildings; location of all parking and trucking loading areas, with access and egress drives thereto; location and proposed development of all open spaces including parks, playgrounds and open space reservations; location of outdoor storage, if any; location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; description of method of sewage disposal and location of such facilities; location and size of all signs; location and proposed development of buffer areas; location and design of lighting facilities; and the amount of building area proposed for nonresidential uses, if any.
f.
A tracing overlay showing all soil area and their classifications and those areas, if any, with moderate to high susceptibility to erosion. For areas with potential erosion problems, the overlay shall also include an outline and description of existing vegetation. This will be prepared by a qualified soils analyst.
g.
The name of existing and proposed streets.
h.
Typical cross sections of proposed streets and sidewalks.
i.
Profiles of proposed streets at suitable vertical scale showing finished grades in relation to existing ground elevation.
j.
Layout of proposed lot, including lot numbers and proposed numbering system for buildings.
k.
The location and size of any existing and proposed sewers (stormwater and/or sanitary), water mains and pipes on the property or into which connection is proposed.
l.
Provisions for city water supply and sewage disposal and evidence that such provisions have received approval of the county department of health.
m.
Locations of survey monuments.
n.
A planting plan indicating locations, varieties and minimum sizes of trees to be planted and of existing trees to be preserved. Existing wooded areas need not be itemized, but should be generally described.
o.
Brief specifications or reference to city standards for all public facilities to be constructed or installed within the development stage.
p.
The final site plan shall clearly delineate the boundaries of any permanent agricultural or open space use, its acreage and its percent of the total PUD area.
q.
All planned developments shall provide a section line right-of-way dedication, if applicable.
(4)
Action on the final detailed sketch plan application. Within 30 days of the receipt of the application for final sketch plan approval, and after a duly advertised public hearing, the planning board shall render a decision to the applicant and so notify the city commission. If no decision is made within the 30-day period, the final sketch plan shall be considered approved.
a.
Upon approving an application, the planning board shall endorse its approval on a copy of the final sketch plan and shall forward it to the city commission, who shall then hold a public hearing within 30 days of such approval.
b.
Upon disapproving an application, the planning board shall so inform the city commission. The planning board shall notify the applicant in writing of its reason for disapproval. A copy of the appropriate minutes may suffice for this notice.
c.
Upon approval by the city commission, notice shall be forwarded to the zoning officer for issue of building permits.
(5)
Request for changes in sketch plan. If in the detailed sketch plan development it becomes apparent that certain elements of the sketch plan, as it has been approved by the city commission, are unfeasible and in need of significant modification, the applicant shall then present his solution to the planning board as his preliminary sketch plan in accordance with the above procedures. The planning board shall then determine whether or not the modified plan is still in keeping with the intent of the zoning resolution. If a negative decision is reached, the sketch plan shall be considered as disapproved. The developer may then, if he wishes, produce another sketch plan in conformance with the approved sketch plan. If an affirmative decision is reached, the planning board shall so notify the city commission stating all of the particulars of the matter and its reasons why the project should be continued as modified. Preliminary sketch plan approval may then be given only with the consent of the city commission.
(6)
Staging. If the applicant wishes to stage his development, and he has so indicated, he may then submit only those stages he wished to develop for sketch plan approval in accordance with his staging plan. Any plan which requires more than 24 months to be completed shall be required to be staged and a staging plan must be developed. It is the intent of this section that individual stages of the development will have an integrity of use in their own right so that, if for any reason the entire development would not be completed, those portions of the development already constructed will be an asset to the community by themselves. Staging plans must take into account this objective, and developers proposing individual stages that significantly from the overall character of the development should present convincing evidence that such a stage is indeed in keeping with this section.
(e)
Other regulations applicable to planned unit developments.
(1)
Regulation after initial construction and occupancy. For the purpose of regulating development and use of property after initial construction and occupancy, any changes other than use changes shall be processed as a special permit request to the planning board. Use changes shall also be in the form of a request for special permit except that the city commission approval shall be required. It shall be noted, however, that properties lying in planned unit developments are unique and shall be so considered by the planning board and city commission when evaluating these requests; and maintenance of the intent and function of the planned unit shall be of primary importance.
(2)
Sketch plan review. Sketch plan review under the provisions of this section shall suffice for planning board review for subdivisions under city subdivision regulations, subject to the following conditions:
a.
The developer shall prepare sets of subdivision plats suitable for filing with the office of the county clerk in addition to those drawings required in this section.
b.
The developer shall plat the entire development as a subdivision; however, planned developments being developed in stages may be platted and filed in the same stages.
c.
Final sketch plan approval under subsection (d) of this section shall constitute final plat approval under the city subdivision regulations and provisions in city law requiring that the plat be filed with the county clerk.
The principles and criteria guiding the location of low and moderate income housing, rural households, households with special needs and farmworker households that follow are applicable to all residential zoning districts:
(1)
Locations shall be unlimited.
(2)
Densities shall be the same as permitted for households without special needs.
(3)
All developments shall provide public facilities and supporting infrastructure in accordance with those standards adopted in the recreation, utilities and transportation elements of this division.
(4)
All developments shall provide central water and sewer, adequate stormwater drainage and parking.
Public utilities needed to provide essential service to existing land uses, to such future land uses as are authorized by other plan elements of the city comprehensive plan, or to such future land uses as may be lawfully authorized by the city shall be permitted in all of the land use classifications.
(1)
Distribution lines may be above ground or below ground, accessible at all times by a dedicated easement or public right-of-way having a minimum width of 20 feet.
(2)
Structures, storage yards and substations shall be set back as provided in this chapter, and each facility shall be buffered as provided in section 126-183.
The following shall be the area, yard and height requirements of this division:
R-2A—Same as R-2 for single-family, two-family and multifamily. Manufactured or modular homes same as single-family.
**Minimum Lot Size for all residential zones R-1, R-2, R-2A with city water, no sewer ½ acre. No water, no sewer minimum size 1 acre.
a All requirements relative to front (in C-1 district), side and rear yards shall be the same as required in the residential district to which the front, side or rear of property in a C-1 or C-2 district adjoins or lies directly across a street or alley from; no front, side or rear yards shall be required on a side of such property adjacent to a nonresidential district.
;sup\sup;There shall be no height limitation in these districts except that all buildings in excess of 45 feet shall receive the written approval of the chief of the city fire department and within 150 feet of any residential district no building shall exceed the maximum height requirements of that residential district.
c There shall be a minimum front yard setback of 40 feet on federal and state highways.
d street right-of-way line.
(Ord. No. 07-10, § 8(Exh. H), 7-9-07)
The floor level of the living space of any construction shall be at least eight inches above the crown of the facing road. The floor level of the nonliving space of any construction shall be at least four inches above the crown of the facing road.
All principal buildings in R-1 shall comply with the following standards:
(1)
Roof pitch shall be a minimum of four inches rise for each 12 inches of run.
(2)
Roof covering shall consist of shingles (any material) or metal as manufactured by galvalume or its equal.
(3)
Roof shall have a minimum of 24 inches of overhang at eaves.
(4)
The building shall be a minimum of 20 feet wide.
(5)
Siding shall be of a non-reflective material.
(6)
Windows shall be substantially the same as those used in other housing in the neighborhoods, considering size, color, material and style.
(7)
Garages or carports are required and must be constructed substantially the same as other homes in adjacent or nearby areas.
(8)
Paved driveways and parking for one vehicle minimum are required.
(9)
The finished floor elevation to all habitable areas shall be a minimum of eight inches about the crown of the road that the structure faces.
(10)
All uninhabitable areas shall be a minimum of four inches above crown of the road that the building faces.
(11)
Foundations shall consist of concrete and be of the monolithic slab, stem wall or column type. Wood pilings shall also be permitted provide they are set in a concrete foundation.
(12)
Walls shall be constructed from wood concrete block, stone or brick or any combination and shall be anchored to the foundation per the latest edition of the applicable building code.
All principal buildings in R-2 shall comply with the above R-1 standards:
All principal buildings in R-2A shall comply with the following standards:
(1)
Roof pitch shall be a minimum of three inches rise for each 12 inches of run.
(2)
Roof covering may be of any type but shall be substantially the same as other homes in adjacent or nearby areas, considering type, color and materials.
(3)
Garages or carports are not required but if installed must be substantially the same as other homes in adjacent or nearby areas.
(4)
Driveways and parking area may be of a pervious or impervious material.
(5)
The building shall be a minimum of 12 feet wide.
(6)
Garages or carports are not required but if installed must be substantially the same as other buildings in adjacent or nearby areas.
(7)
Driveways and parking area may be of a pervious or impervious material.
(8)
All uninhabitable areas shall be a minimum of 4 inches above crown of the road that the building faces.
(9)
Foundations shall consist of concrete and be of the monolithic slab, stem wall or column type. Wood pilings shall also be permitted provide they are set in a concrete foundation.
(10)
Walls shall be constructed from wood concrete block, stone or brick or any combination and shall be anchored to the foundation per the latest edition of the applicable building code.
On a corner lot in any residential district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of 2 1/2 feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along such street lines 25 feet from the point of the intersection.
Notwithstanding other provisions of this article, fences, walls and hedges may be permitted in any required yard, or along the edge of any yard, provided that no fence, wall or hedge along the sides or front edge of any front yard shall be over 2 1/2 feet in height.
No accessory building shall be erected within five feet of the property boundary. An accessory building may only be erected in the rear yard.
In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this article shall be met for each structure as though it were on an individual lot.
The height limitations contained in the schedule of district regulations in this article do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.
All communications towers shall be monopole towers, (free standing), or lattice towers, (self-supporting); no guyed towers, (anchored with guy wires or cables), shall be allowed.
(Ord. No. 07-10, § 9(Exh. I), 7-9-07)
(a)
Aquifer recharge must be a component of all subdivisions and planned developments, through dedicated open space and/or continued agricultural and forestry land uses.
(b)
No septic tanks or individual wells will be allowed within 500 feet of any city well. A greater setback may be required by the city depending upon soils and geology.
(c)
No water retention areas will be allowed within 500 feet of any city well. A greater setback may be required by the city, depending upon soils and geology.
(a)
Intent. The intent of the regulations of this section is to specify the conditions under which group homes and foster care facilities are to be allowed as a matter of right or as a special exception in the city.
(b)
Classification matrix. Three classes of facilities have been identified for the purpose of deciding what uses may be permitted in the various zoning districts. These are:
(1)
Class 1, low potential for community impact.
(2)
Class 2, moderate potential for community impact.
(3)
Class 3, high potential for community impact.
Each type of institutional facility has been assigned a class in section 126-180. Section 126-181 identifies, by district, where a particular class is permitted as a matter of right, as a special exception, or is prohibited.
(c)
Densities. Within all residential districts, no more than one foster home shall be permitted per town block. There shall be no density cap in commercial districts.
(d)
Parking. For each foster home or group home, off-street parking shall be provided at the rate of one space per bed plus one space per employee on the maximum shift, if applicable, plus one space per nonclient, full-time resident. Parking spaces and aisle dimensions shall be as required in chapter 118 of this Code.
Classes assigned to the various institutions in the city shall be as follows:
FACILITY CLASS
Zoning districts and types of institutional uses permitted as either a matter of right, as a special exception, or expressly prohibited are as follows:
INSTITUTIONAL CLASS
(a)
Where endangered species habitats are preserved, development rights may be transferred elsewhere on the property being developed.
(b)
To ascertain the extent and quality of a wildlife habitat, the applicant shall prepare a wildlife assessment and protection component as is required for all subdivisions and planned developments.
(c)
Over five percent of the land area in each subdivision or planned development will preserve or restore native wildlife habitats. In addition to the preservation areas, the applicant shall document other methods used to enhance the ability of native wildlife populations to coexist with the proposed development.
(d)
All wildlife management and protection plans will be submitted by the city to the state fish and wildlife conservation commission prior to the issuance of a development order.
Editor's note— Ord. No. 10-02, § 2, adopted January 25, 2010, repealed § 126-183, which pertained to buffering.
(a)
Special exception criteria. A special exception (SE) may be granted for any legal use by the city board of adjustment and code enforcement (hereafter referred to as the "BACE") if all of the following criteria are met pertaining to the proposed use. If any one of the following criteria are not met by a majority of the BACE a SE cannot be granted.
(b)
Procedure for reviewing, granting or denying a special exception. Each board member shall be given a copy of the SE application and all relevant information pertaining to the application (maps, zoning, locations etc.). Chairperson shall have application read by the secretary to the board embers, after which chairperson shall recognize applicant or his/her representative from audience so they may present their reasons for wanting a SE to the board. Each board member shall have the opportunity to question the applicant as he/she may desire concerning the proposed SE.
After any general discussion the chairperson shall read each item from the list of criteria in order and allow for any discussion pertaining to each item. After each item is read and any discussion, the chairperson shall call for a show of hands from the board. Each and all items that apply must pass by a majority vote for the special exception to be allowed.
A special exception may be granted by the BACE with special conditions attached in the form of a development agreement between the city and the applicant. The development agreement must be signed by the applicant before the SE will be in effect.
(c)
Flow chart for special exceptions.
(1)
The applicant will complete an application with appropriate fees and submit it to the building and zoning administrator.
(2)
The city will advertise in the local paper 15 days prior to the next scheduled BACE meeting.
(3)
The city will post notice of proposed special exception on property 15 days prior to the next scheduled BACE meeting.
(4)
The city will notify applicant 15 days prior to BACE meeting.
(5)
The BACE meeting for application review will be on the second Thursday of each month.
It is to be understood by applicant that in relation to the SE request there shall be no use of property, structures or any type of construction undertaken until the applicant's SE request has final approval by the board of adjustment & code enforcement. The applicant shall verify through the building department the type of requirements that may be required for their project. The estimated time frame for a SE to be finalized is approximately 30 to 45 calendar days minimum.
(1)
No person other than members of the family residing on the premises shall be engaged in such occupation.
(2)
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
(3)
There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding four square feet in area, nonilluminated, and mounted flat against the wall of the principal building.
(4)
No other home occupation shall be considered with such home occupation.
(5)
There shall be no sales in connection with such home occupation.
(6)
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
(7)
No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
General requirements for recreational vehicle parks are as follows:
(1)
Recreational vehicle parks shall be primarily for recreational use by persons with transportable recreational housing, with appropriate accessory uses and structures.
(2)
The land on which the recreational vehicle park is developed shall be under unified control and shall be planned and developed as a whole in a single development operation or programmed series of development operations for recreational vehicles and related uses and facilities. Subsequent subdivision of lots or conveyance of sites to individual owners by any means is prohibited.
(3)
The principal and accessory uses and structures shall be substantially related to the character of the development in the context of the district of which it is a part.
(4)
The recreational vehicle park shall be developed according to comprehensive and detailed plans that include not only streets, utilities, lots, or building sites and the like, but also site plans, floor plans and elevations for all buildings or structures as intended to be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to any building or structure.
(5)
The recreational vehicle park shall have a program provision for, maintenance and operation of all areas, improvements, and facilities for the common use of all or some of the occupants of the park, but will not be provided, operated, or maintained at general public expense.
(Ord. No. 18-01, § 1, 3-26-18)
The allowable uses in a recreational vehicle park include the following:
(1)
Recreational vehicles are not to be occupied for more than 180 consecutive days.
In accordance with Chapter 513, Florida Statutes, the period of time recreational vehicles placed in recreational vehicle parks are occupied as living quarters during each year is different from the period of time recreational vehicles are located in the recreational vehicle park. During the time the recreational vehicle is not occupied as temporary or seasonal quarters, it may be stored and tied down on the recreational vehicle site. The affixing of a recreational vehicle to the ground by way of tie-downs or other removable fasteners, and the attachment of carports, porches, screen rooms, and similar appurtenances by way of removable attaching devices, does not render the recreational vehicle a permanent part of the recreational vehicle site.
(2)
Park trailers (park models) as defined by state law, provided they are placed in an area designated exclusively for that use. Park models are not to be occupied for more than 180 consecutive days.
In accordance with Chapter 513, Florida Statutes, the period of time park trailers (park models) placed in recreational vehicle parks are occupied as living quarters during each year is different from the period of time park trailers (park models) are located in the recreational vehicle park. During the time the park trailer (park model) is not occupied as temporary or seasonal quarters, it may be stored and tied down on the site. The affixing of a park trailer (park model) to the ground by way of tie-downs or other removable fasteners, and the attachment of carports, porches, screen rooms, and similar appurtenances by way of removable attaching devices, does not render the park trailers (park models)a permanent part of the site.
(3)
Convenience establishments for the sale or rental of supplies or for provision of services, for the satisfaction of daily or frequent needs of campers, within the park may be permitted. These establishments may provide items needed by users of the park. These establishments shall be designed to serve only the needs of the campers within the park and shall not, including their parking areas, occupy more than five percent of the area of the park, and shall not be so located as to attract patronage from outside the grounds, nor have adverse effects on surrounding land uses.
(Ord. No. 18-01, § 1, 3-26-18)
The following site design requirements shall be met:
(1)
The minimum land area for a recreational vehicle park shall be two acres.
(2)
The maximum density for a recreational vehicle park shall be 12 spaces per gross acre. Storage spaces shall be included in the density calculation.
(3)
Individual spaces shall take access to internal streets and shall not take direct access to adjoining public rights-of-way.
(4)
Access to the recreational vehicle park shall be from a collector or arterial roadway.
(5)
Internal streets shall provide safe and convenient access to spaces and appropriate park facilities. Alignment and gradient shall be properly adapted to topography. Construction and maintenance shall provide a well-drained and dust free surface that is of adequate width to accommodate anticipated traffic, and in any case, shall meet the following minimum requirements:
(6)
Streets may be used as part of the pedestrian circulation system.
(7)
Not less than eight percent of the area of the district shall be devoted to recreation area. The recreation area may include space for common walkways and related landscaping in block interiors, provided that the common open space is at least 20 feet in width as passive recreation space. At least half of the total required recreation area shall be comprised of facilities for active recreation, such as swimming pools, ball fields, shuffleboard courts, or play lots for small children. These facilities shall be so located as to be readily available from all spaces, and free from traffic hazards.
(8)
Camping spaces shall be so located in relation to internal streets as to provide for convenient vehicular ingress and egress as the space is intended for use by wheeled units. Where back-in or back-out spaces are used, appropriate maneuvering room shall be provided in the adjacent internal street and within the space.
(9)
Where spaces are to be used exclusively for the erection of tents on the ground, provision for vehicular access on such spaces shall not be required, but parking areas shall be located within 100 feet, except in circumstances in which providing such vehicular accessibility would result in excessive destruction of trees or other vegetation, or where it would be impractical to provide such parking areas within such distances for particularly desirable campsites.
(10)
Spaces shall be so related to pedestrian ways and principal destinations within the park as to provide for convenient pedestrian access to such destinations by the pedestrian systems.
(11)
No minimum dimensions are specified for spaces, however each shall provide a stand with the clearances and open spaces necessary for habitation with the boundaries of each stand and space being clearly indicated.
(12)
Spaces for dependent units shall be located within 400 feet by normal pedestrian routes of toilet, washroom, and bath facilities.
(13)
Spaces for self-contained units, operating as such, may be located by normal pedestrian routes from toilet, washroom, and bath facilities.
(14)
Stands shall be of such size, location and design to provide for the type of units that will use them. Thus, where use by wheeled units is intended, vehicular access to the stand itself is essential. If use is to be restricted to tents to be erected on the ground, vehicular access to the stand itself is not essential, but the dimensions required may be different and it will be of primary importance that the stand have a level surface suitable for erection of a tent, composed of material suitable for driving and holding tent pegs, free of rocks, roots or other impediments to the driving of pegs to the depth of at least eight inches, and graded and drained to prevent flow of surface water into or under tents erected on it.
(15)
Stands shall be so located that when used, clearance from units, including attached awnings and the like, shall be as follows:
a.
From units on adjoining stands, ten feet.
b.
From internal streets of common parking areas, ten feet.
c.
From portions of building not containing uses likely to disturb stand occupants, or constructed or oriented so that noise and lights will not be disturbing to occupants of space, 25 feet.
d.
From any other use or fueling facility, 50 feet.
(16)
Within each space, there shall be an area suitably located and improved for outdoor use by occupants of units and not to be occupied by units or towing vehicles except during maneuvering incidental to location or removal. This space shall be at least eight feet in minimum dimensions and 160 square feet in area in route parks, ten feet in minimum dimension and 200 square feet in area in destination parks, and shall be so located as to be easily accessible from the entry side of units as normally parked and oriented on stands.
(17)
Where fireplaces, cooking shelters, or similar facilities for open fire or outdoor cooking are provided within spaces or elsewhere, they shall be so located, constructed, maintained, and used as to minimize fire hazards and smoke nuisance within the park and in adjoining areas.
(Ord. No. 18-02, § 1, 3-26-18)