(a)

In order to accomplish the purpose of this chapter, the city is hereby divided into districts as provided herein and as shown on the official zoning map, consisting of a map of all lands lying within the city, entitled Zoning District Map 1992, and which, together with all explanatory matter contained thereon, is hereby declared to be a part of this chapter. Such map shall be endorsed by the city clerk with appropriate language and shall be filed with the community development director.

(b)

The community development director shall preserve the official zoning map and maintain it in current form. The community development director shall see that each amendment to such map is recorded as soon as practicable after the effective date of the ordinance adopting such amendment and that records accompany such map or notations are made thereon to identify the official action by which such amendment was made, the date of such action and the area involved. It shall be unlawful for any person to make any change in the official zoning map except by authorization of the community development director in accordance with the procedures and requirements set forth in this chapter.

(c)

If the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the commission may adopt a new zoning map which shall supersede the prior official zoning map.

(d)

The new official zoning map may correct drafting and clerical errors or omissions in the prior official zoning map, but no such corrections shall have the effect of amending the original zoning ordinance or subsequent amendment thereto without a duly noticed public hearing. Unless the prior official zoning map has been lost or destroyed, the prior map, or any significant parts thereof remaining, shall be preserved together with all available records pertaining to its adoption and amendment.

(Code 1982, § 24-3; Code 1999, § 110-161; Ord. No. 248, § 1, 5-12-1975; Ord. No. 76-5, §§ 2, 3, 6-21-1976; Ord. No. 78-1, §§ 1—3, 4-10-1978; Ord. No. 82-16, §§ 1, 2, 11-15-1982; Ord. No. 83-5, § 1, 4-18-1983; Ord. No. 83-10, §§ 1, 2, 1-9-1984; Ord. No. 94-01, pt. 1(24-3), 12-19-1994)

Where uncertainty exists as to the boundaries of districts as described herein or shown on the zoning map, the following rules shall apply:

(1)

When reference is made that a zoning district includes an entire block, the zone boundaries shall extend to the centerline of abutting streets or if a canal bisects two parallel streets, the boundary shall be the canal centerline.

(2)

If a zoning district divides a block, the lot lines shall be construed as the district boundary.

(3)

If a canal or lake adjoins two or more districts, then the boundary of each adjoining zoning district shall extend to the center point of such canal or lake.

(4)

Where a zoning district boundary is adjacent to the city limits, then the corporate limit line shall be the district boundary.

(5)

Where a zoning district is bordered by railroad right-of-way, then the district boundary shall be construed as the point midway between the main tracks within the right-of-way.

(6)

For any public street or alley which is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to the centerline of the property which is abandoned.

(7)

Where physical or cultural features existing on ground are at variance with those shown in the official zoning map, or in case any other uncertainty exists, the city commission shall interpret the intent of the official zoning maps as to location of district boundaries.

(Code 1982, § 24-4; Code 1999, § 110-162; Ord. No. 94-01, pt. 1(24-4), 12-19-1994)

For the purpose of classifying, regulating and restricting the location of residences, apartments, businesses, industry and other uses, the city is hereby divided into the following zoning districts:

(Code 1982, § 24-7; Code 1999, § 110-163; Ord. No. 94-01, pt. 1(24-7), 12-19-1994; Ord. No. 2022-10, § 2, 10-17-2022)

The P Public District is established for the purpose of regulating the use of publicly owned land. The district is provided primarily for the strict protection of public areas within the city.

(Code 1982, § 24-8(a); Code 1999, § 110-181; Ord. No. 94-01, pt. 1(24-8(a)), 12-19-1994)

The permitted uses and maximum floor area ratio (FAR) in the P, Public District are as follows:

(1)

Public recreational areas such as parks, playgrounds, ball fields, golf courses and similar uses: 0.25 FAR.

(2)

Governmental facilities which includes, but not limited to, city hall, fire and police facilities, public works facilities, public utility substations, airports, cemeteries and other municipally owned facilities: 1.0 FAR.

(3)

Educational uses such as schools, public and private, colleges, vocational schools and training centers and seminaries: 0.5 FAR.

(4)

Civic and cultural uses such as auditoriums, stadiums, museums: 0.5 FAR.

(5)

Heliports and airports, public and private: 0.10 FAR.

(6)

Hospitals and similar uses: 1.0 FAR.

(Code 1982, § 24-8(b); Code 1999, § 110-182; Ord. No. 94-01, pt. 1(24-8(b)), 12-19-1994)

The lot area and height requirements in the P Public District are as follows:

(1)

Lot area requirements. There shall be no minimum lot area requirement.

(2)

Maximum height of building. The maximum height of buildings in the public zone shall not exceed two stories, except for hospitals and other institutions, which shall not exceed three stories or 35 feet.

(Code 1982, § 24-8(c), (e); Code 1999, § 110-183; Ord. No. 94-01, pt. 1(24-8(c), (d)), 12-19-1994)

It is the intent of the R-1A Single-Family Residential District to permanently provide lands within the city for very low density, estate lot, single-family residential development consisting of not more than one dwelling unit per any platted lot.

(Code 1982, § 24-9(a); Code 1999, § 110-201; Ord. No. 94-01, pt. 1(24-9(a)), 12-19-1994)

The permitted uses in the R-1A Single-Family Residential District are as follows:

(1)

Single-family dwellings and customary accessory structures incidental thereto.

(2)

Public parks.

(Code 1982, § 24-9(b); Code 1999, § 110-202; Ord. No. 94-01, pt. 1(24-9(b)), 12-19-1994)

The lot and building requirements in the R-1A Single-Family Residential District are as provided in this section. The principal building, accessory structures and other land uses shall be located so as to comply with the following requirements:

(1)

Minimum lot area: 20,000 square feet.

(2)

Minimum lot width at building line: 120 feet.

(3)

Minimum lot depth: 125 feet.

(4)

Minimum front yard: 40 feet.

(5)

Minimum rear yard: 40 feet.

(6)

Minimum side yard (interior): 20 feet.

(7)

Minimum side yard (corner): 20 feet.

(8)

Minimum setback from lot line for accessory structures:

a.

Front: 80 feet.

b.

Rear: 15 feet.

c.

Side (interior): 10 feet.

d.

Side (corner): 20 feet.

(9)

Minimum living area of residences: 1,700 square feet.

(Code 1982, § 24-9(c); Code 1999, § 110-203; Ord. No. 94-01, pt. 1(24-9(c)), 12-19-1994)

The total ground coverage in the R-1A Single-Family Residential District shall not exceed 25 percent of the total area of the lot or building site.

(Code 1982, § 24-9(d); Code 1999, § 110-204; Ord. No. 94-01, pt. 1(24-9(d)), 12-19-1994)

No building in the R-1A Single-Family Residential District shall be more than 25 feet in height with a maximum of two stories.

(Code 1982, § 24-9(e); Code 1999, § 110-205; Ord. No. 94-01, pt. 1(24-9(e)), 12-19-1994)

It is the intent of the R-1B Single-Family Residential District to permanently provide lands within the city for low density, single-family residential development consisting of not more than one dwelling unit per any platted lot.

(Code 1982, § 24-10(a); Code 1999, § 110-226; Ord. No. 94-01, pt. 1(24-10(a)), 12-19-1994)

The permitted uses in the R-1B Single-Family Residential District are as follows:

(1)

Single-family dwellings and customary accessory structures incidental thereto.

(2)

Churches, provided that the minimum side yard requirement equals twice the minimum side yard requirements of said district and minimum parking and landscaping requirements can be satisfied.

(3)

Kindergartens and day care centers, provided that a minimum outdoor play area of 100 square feet for each child enrolled shall be provided for on the premises, but not within the required front or side yard, and provided that such play area shall be shaded by canopies and/or shade trees and shall be enclosed with a continuous fence or wall having a minimum height of four feet.

(4)

Public parks.

(Code 1982, § 24-10(b); Code 1999, § 110-227; Ord. No. 94-01, pt. 1(24-10(b)), 12-19-1994)

The principal building, accessory buildings and other land uses in the R-1B Single-Family Residential District shall be located so as to comply with the following requirements:

(1)

Minimum lot area: 14,000 square feet.

(2)

Minimum lot width at building line: 90 feet, 50 feet*.

(3)

Minimum lot depth: 125 feet.

(4)

Minimum front yard: 30 feet.

(5)

Minimum rear yard: 20 feet.

(6)

Minimum side yard (interior): ten feet.

(7)

Minimum side yard (corner): 15 feet.

(8)

Minimum setback from lot line for accessory structures:

a.

Front: 60 feet.

b.

Rear: ten feet.

c.

Side (interior): 7.5 feet.

d.

Side (corner): 15 feet.

(9)

Minimum living area of residences: 1,300 square feet.

* If an occupied single-family residence existed on the lot in the previous five years.

(Code 1982, § 24-10(c); Code 1999, § 110-228; Ord. No. 94-01, pt. 1(24-10(c)), 12-19-1994; Ord. No. 2017-07, § 2, 4-17-2017)

The total ground coverage in the R-1B Single-Family Residential District shall not exceed 35 percent of the total area of the lot or building site.

(Code 1982, § 24-10(d); Code 1999, § 110-229; Ord. No. 94-01, pt. 1(24-10(d)), 12-19-1994)

No building in the R-1B Single-Family Residential District shall be more than 25 feet in height with a maximum of two stories.

(Code 1982, § 24-10(e); Code 1999, § 110-230; Ord. No. 94-01, pt. 1(24-10(e)), 12-19-1994)

It is the intent of the R-1C Single-Family Residential District to permanently provide lands within the city for single-family residential development at a moderate density, consisting of not more than one dwelling unit per any platted lot.

(Code 1982, § 24-11(a); Code 1999, § 110-246; Ord. No. 94-01, pt. 1(24-11(a)), 12-19-1994)

The permitted uses in the R-1C Single-Family Residential District are as follows:

(1)

Single-family dwellings and customary accessory structures incidental thereto.

(2)

Group homes, type I.

(3)

Churches, provided that the minimum side yard requirement equals twice the minimum side yard requirements of such district and minimum parking and landscaping requirements can be satisfied.

(4)

Kindergartens and day care centers, provided that a minimum outdoor play area of 100 square feet for each child enrolled shall be provided for on the premises, but not within the required front or side yard, and provided that such play area shall be shaded by canopies and/or shade trees and shall be enclosed with a continuous fence or wall having a minimum height of four feet.

(5)

Home occupations.

(6)

Public parks.

(Code 1982, § 24-11(b); Code 1999, § 110-247; Ord. No. 94-01, pt. 1(24-11(b)), 12-19-1994)

The principal building, accessory buildings and other land uses in the R-1C Single-Family Residential District shall be located so as to comply with the following requirements:

(1)

Minimum lot area: 10,000 square feet.

(2)

Minimum lot width at building line: 80 feet.

(3)

Minimum lot depth: 125 feet.

(4)

Minimum front yard: 25 feet.

(5)

Minimum rear yard: 20 feet.

(6)

Minimum side yard (interior): ten feet.

(7)

Minimum side yard (corner): 15 feet.

(8)

Minimum setback from lot line for accessory structures:

a.

Front: 60 feet.

b.

Rear: ten feet.

c.

Side (interior): 7.5 feet.

d.

Side (corner): 15 feet.

(9)

Minimum living area for residences: 1,000 square feet.

(Code 1982, § 24-11(c); Code 1999, § 110-248; Ord. No. 94-01, pt. 1(24-11(c)), 12-19-1994)

The total ground coverage in the R-1C Single-Family Residential District shall not exceed 35 percent of the total area of the lot or building site.

(Code 1982, § 24-11(d); Code 1999, § 110-249; Ord. No. 94-01, pt. 1(24-11(d)), 12-19-1994)

No building in the R-1C Single-Family Residential District shall be more than 25 feet in height with a maximum of two stories.

(Code 1982, § 24-11(e); Code 1999, § 110-250; Ord. No. 94-01, pt. 1(24-11(e)), 12-19-1994)

The R-2 Two-Family Residential District is a residential district of medium population density providing for a maximum of two dwelling units per lot. The principal uses of land may include a mix of housing types, including single-family duplex apartments and townhouse development. The provisions of this district are intended to provide for the development of sites where a desirable density transition can be achieved between areas of contrasting character of development intensity. It is intended that this district accommodate a compatible development of residential uses at a higher density than single-family, but at no lower standards of quality.

(Code 1982, § 24-12(a); Code 1999, § 110-266; Ord. No. 94-01, pt. 1(24-12(a)), 12-19-1994)

The permitted uses in the R-2 Two-Family Residential District are as follows:

(1)

Single-family dwelling and customary accessory buildings incidental thereto.

(2)

Townhouses and customary accessory structures incidental thereto.

(3)

Two-family (duplex) dwelling units and customary accessory structures incidental thereto.

(4)

Group homes, types I and II.

(5)

Churches, provided that the minimum side yard requirements equals twice the minimum side yard requirements of said district and minimum parking and landscaping requirements can be satisfied.

(6)

Kindergartens and day care centers, provided that a minimum outdoor play area of 100 square feet for each child enrolled shall be provided for on the premises, but not within the required front or side yard, and provided that such play area shall be shaded by canopies and/or shade trees and shall be enclosed with a continuous fence or wall having a minimum height of four feet.

(7)

Home occupations.

(8)

Public operated neighborhood parks and recreation areas.

(Code 1982, § 24-12(b); Code 1999, § 110-267; Ord. No. 94-01, pt. 1(24-12(b)), 12-19-1994)

_____

The principal building, accessory structures and other land uses in the R-2 Two-Family Residential District shall be located so as to comply with the following requirements:

* If an occupied single-family residence existed on the lot in the previous seven years.

(Code 1982, § 24-12(c); Code 1999, § 110-268; Ord. No. 94-01, pt. 1(24-12(c)), 12-19-1994; Ord. No. 2017-04, § 1, 3-20-2017; Ord. No. 2020-03, § 1, 10-19-2020)

_____

The total ground coverage in the R-2 Two-Family Residential District shall not exceed 35 percent of the total area of any lot or building site.

(Code 1982, § 24-12(d); Code 1999, § 110-269; Ord. No. 94-01, pt. 1(24-12(d)), 12-19-1994)

A single townhouse unit, groups of townhouse units, and accessory structures in the R-2 Two-Family Residential District shall be so located and arranged so as to comply with the following requirements as applicable:

(1)

Minimum site area density. The minimum combined site area required for two townhouse units shall be 7,500 square feet; for each additional unit thereafter: 3,500 square feet shall be provided.

(2)

Minimum lot size. No townhouse lot shall be less than 2,000 square feet. No townhouse unit lot width shall be less than 20 feet. Where less than 100 percent of the townhouse lot is conveyed in fee simple then that portion not conveyed shall be conveyed to a property owners' association as stated below. If any portion of such lot or lots is not conveyed in fee simple title, it shall be held by either:

a.

The lot owners, provided each lot owner has an undivided interest in the common area. The individual interest in the common areas shall not be conveyed separately from the ownership of such lot.

b.

A property owners' association.

c.

A combination of subsection (1) or (2) of this section, the minimum area to be conveyed to an individual owner shall be not less than 100 percent of the total ground floor building area of the unit. Where 100 percent of the townhouse lot is conveyed in fee simple, then a homeowners' maintenance association shall be formed among the unit owners to ensure compliance with exterior area maintenance regulations as may be adopted by the association.

(3)

Setbacks.

a.

Any townhouse group having not more than two units shall meet the following minimum yard setback requirements:

b.

Any townhouse group having more than two units shall meet the following minimum yard requirements:

(4)

Number of townhouse dwellings in a group. Townhouses developed in a lateral configuration shall have no more than ten single-family units and shall be attached laterally in a series, provided that setback and/or architectural variation shall be provided among units within a series of more than five units.

(Code 1999, § 110-270; Ord. No. 94-01, pt. 1(24-12(d)), 12-19-1994)

No building in the R-2 two-family residential district shall be more than 25 feet in height with a maximum of two stories.

(Code 1982, § 24-12(e); Code 1999, § 110-271; Ord. No. 94-01, pt. 1(24-12(e)), 12-19-1994)

(a)

The intent of the R-3 Multiple-Family Residential District is to provide for residential development of medium population density. The provisions of this district are intended to recognize that a certain amount of flexibility in multifamily living is desirable and that the district is designed to complement the requirements of low and high density multiple-family districts.

(b)

The provisions of this R-3 district are intended to provide for sites in logical locations after consideration of such factors as the following:

(1)

The capacity and character of adjoining streets;

(2)

The nature of surrounding uses; the proximity to large concentrations of employment or shopping; or

(3)

Where a substantial amount of primarily vacant land exists or where smaller individual parcels of land can be feasibly assembled to form a single, larger parcel suitable for multiple-family developments.

(Code 1982, § 24-13(a); Code 1999, § 110-311; Ord. No. 94-01, pt. 1(24-13(a)), 12-19-1994)

(a)

The permitted uses in the R-3 Multiple-Family Residential District are as follows:

(1)

Any use permitted in the R-1 and R-2 districts.

(2)

Apartments, condominiums, townhouses developed in accordance with requirements set forth in division 6 of this article, and other similar multifamily uses.

(3)

Group homes, types I, II and III.

(4)

Nursing and convalescent facilities when located on a collector or arterial street as designated on the future traffic circulation map of the comprehensive plan.

(5)

Churches.

(6)

Kindergartens and day care centers.

(7)

Home occupations.

(8)

Public parks.

(b)

Special exception uses. Uses which may be allowed in the R-3 Multiple-Family Residential District by special exception are as follows:

(1)

Dwelling units with not less than 450 square feet may be allowed upon approval under the following conditions:

a.

Provide 1,000 square feet of usable, open space with lawn or other soft surfaces for outdoor open space, plus 125 square feet additional space per bedroom.

b.

Washer and dryer area must be provided at a rate of one per 12 units or fraction thereof.

c.

Bicycle rack, at least one space per unit.

d.

Parking lot shall be lighted. Building shall be lighted at least one wall pack per side.

e.

Parking lot, required open space, washer and dryer area and interior hallways shall be provided with security camera with on-site recording.

f.

Other conditions of approval as necessary to ensure compatibility with neighboring properties.

(Code 1982, § 24-13(b); Code 1999, § 110-312; Ord. No. 94-01, pt. 1(24-13(b)), 12-19-1994; Ord. No. 2022-05, § 1, 1-24-2022)

The principal building, accessory buildings and other land uses in the R-3 Multiple-Family Residential District shall be located so as to comply with the following requirements:

Single-family dwellings and accessory structures shall conform to minimum yard requirements of the R-2 Two-Family Residential District, section 110-287.

Townhouses and accessory structures shall conform to the minimum yard requirements of the R-2 Two-Family Residential District, section 110-289.

(Code 1982, § 24-13(c); Code 1999, § 110-313; Ord. No. 94-01, pt. 1(24-13(c)), 12-19-1994)

The total ground coverage in the R-3 Multiple-Family Residential District shall not exceed 40 percent of the total area of the lot or building site.

(Code 1982, § 24-13(d); Code 1999, § 110-314; Ord. No. 94-01, pt. 1(24-13(d)), 12-19-1994)

No building shall in the R-3 Multiple-Family Residential District be more than 35 feet in height with a maximum of three stories. Accessory structures shall not exceed the maximum structure height permitted in the zoning district or the height of the principal structures, whichever is less.

(Code 1982, § 24-13(e); Code 1999, § 110-315; Ord. No. 94-01, pt. 1(24-13(e)), 12-19-1994)

Density requirements in the R-3 Multiple-Family Residential District shall be calculated as follows:

(1)

One dwelling unit: 8,500 square feet of land area.

(2)

Two dwelling units: 9,500 square feet of land area.

(3)

Three or more dwelling units: 9,500 square feet of land area for first three dwelling units, plus an additional 2,500 square feet of land area for each additional dwelling unit.

(Code 1982, § 24-13(g); Code 1999, § 110-316; Ord. No. 94-01, pt. 1(24-13(f)), 12-19-1994)

The RM-1 Mobile Home and Recreational Vehicle Park District is a managed recreational vehicle and mobile home park district in which lots may not be sold to individuals and on-site management is provided. These regulations are designed to promote high quality mobile home living, therefore, the regulations and minimum standards in this division shall apply.

(Code 1982, § 24-14(a); Code 1999, § 110-336; Ord. No. 94-01, pt. 1(24-14(a)), 12-19-1994)

For the purposes of this division, the terms "mobile home" and "recreational vehicles" shall be defined in accordance with section 50-2.

(Code 1999, § 110-337; Ord. No. 94-01, pt. 1(24-14(b)), 12-19-1994)

No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, in the RM-1 Mobile Home and Recreational Vehicle Park District for other than the following:

(1)

Mobile homes and recreational vehicles (one per lot or site).

(2)

Accessory uses and structures customarily associated with mobile home and recreational vehicle parks, including patios, recreation facilities, administration buildings, service buildings and utilities.

(3)

A single-family residence other than a mobile home or recreational vehicle for park proprietor only.

(Code 1982, § 24-14(b); Code 1999, § 110-338; Ord. No. 94-01, pt. 1(24-14(c)), 12-19-1994)

Plans for a mobile home and recreational vehicle park shall be submitted to the city commission and construction shall be in accordance with approved plans and specifications.

(Code 1982, § 24-14(c); Code 1999, § 110-339; Ord. No. 94-01, pt. 1(24-14(d)), 12-19-1994)

The utilities required in the RM-1 Mobile Home and Recreational Vehicle Park District shall be as governed by the state, the county health department, and the city building code.

(Code 1982, § 24-14(d); Code 1999, § 110-340; Ord. No. 94-01, pt. 1(24-14(e)), 12-19-1994)

The area and lot requirements in the RM-1 Mobile Home and Recreational Vehicle Park District are as follows:

(1)

Minimum site or lot area and width for mobile homes and recreational vehicles. Minimum lot size or site shall be 5,000 square feet. Each lot or site shall have a minimum width of 50 feet.

(2)

Minimum setbacks from park perimeter and within park. Minimum setbacks from park perimeter shall be in accordance with section 50-39 and minimum setbacks within the park shall be in accordance with section 50-40.

(3)

Minimum spacing of units. Minimum spacing of units with relation to other units or buildings shall be in accordance with section 50-42.

(4)

Minimum park size. 20 units.

(5)

Required recreation area, exclusive of administrative and utility areas. There shall be a minimum of 200 square feet of open area provided per lot or site for the first 100 lots or sites and 50 square feet for each additional lot or site in excess of 100. One-half of the water surface within a park shall be credited toward required recreation area except that at least 50 percent of the required area shall be land area.

(Code 1982, § 24-14(e)—(h); Code 1999, § 110-341; Ord. No. 94-01, pt. 1(24-14(f)—(j)), 12-19-1994)

In addition to screening requirements for mobile home parks as set forth in section 50-39, the buffer strip requirements in this section shall be applicable to all mobile home parks. No buildings or mobile homes shall be permitted in a required buffer strip and no fence, wall or identification sign may be erected to a height in excess of four feet.

(1)

Adjacent to public streets, a buffer strip shall be provided having a minimum width of ten feet developed with pervious ground cover or lawn grass; and containing for each 50 linear feet thereof, measured at the street right-of-way, at least eight shrubs having a height of 18 inches at time of installation and two trees having a minimum height of 12 feet at time of installation. When a mobile home park or recreational vehicle park is located adjacent to a residential zoning district and fronts on the same street as residential lots in such district, the buffer adjacent to such street shall have a depth, as measured perpendicular to the street, equal to the minimum front yard setback required in the residential zoning district. This provision may result in a setback greater than the minimum setback distances set forth in section 50-39.

(2)

Mobile home and recreational vehicle parks fronting on a highway shall provide and maintain a clear area not less than 20 feet in width alongside and parallel to the public thoroughfare to facilitate safe and rapid exit from the public thoroughfare by arriving vehicles.

(Code 1982, § 24-14(j); Code 1999, § 110-342; Ord. No. 94-01, pt. 1(24-14(k)), 12-19-1994)

The RM-2 Mobile Home Subdivision District is a mobile home subdivision district wherein lots may be sold to individuals. The district standards are designed to promote high quality mobile home development. The regulations and minimum standards in this division shall apply.

(Code 1982, § 24-14.1; Code 1999, § 110-361; Ord. No. 94-01, pt. 1(24-14.1), 12-19-1994)

The term "mobile home" shall be as defined in accordance with the definition included in section 50-2.

(Code 1999, § 110-362; Ord. No. 94-01, pt. 1(24-14.1(b)), 12-19-1994)

No building or structure or part thereof shall be erected, altered or used, or land or water used, in whole or in part, in the RM-2 Mobile Home Subdivision District for other than the following:

(1)

Mobile homes (one per lot).

(2)

Accessory uses and structures customarily associated with mobile home development, such as recreation facilities, administration buildings, utilities and additions which complement the mobile homes.

(Code 1982, § 24-14.1(b); Code 1999, § 110-363; Ord. No. 94-01, pt. 1(24-14.1), 12-19-1994)

Plans for a mobile home subdivision to be developed in accordance with the requirements of the RM-2 district shall be processed in the same manner as subdivision plats, and shall be recorded in the county plat book.

(Code 1982, § 24-14.1(c); Code 1999, § 110-364; Ord. No. 94-01, pt. 1(24-14.1(d)), 12-19-1994)

The area and lot requirements in the RM-2 Mobile Home Subdivision District are as follows:

(1)

Minimum lot area: 6,600 square feet.

(2)

Minimum lot width (interior): 60 feet.

(3)

Minimum lot width (corner): 70 feet.

(4)

Minimum setbacks from lot boundary.

a.

Mobile home sites or lots served by central water and sewer system:

1.

Front: 25 feet.

2.

Side (interior): 7.5 feet.

3.

Side (corner): ten feet.

4.

Rear: 15 feet.

b.

Minimum setback from lot line for accessory structures:

1.

Front: 40 feet.

2.

Side (interior): five feet.

3.

Side (corner): ten feet.

4.

Rear: five feet.

(Code 1982, § 24-14.1(d)—(f); Code 1999, § 110-365; Ord. No. 94-01, pt. 1(24-14.1(e)—(h)), 12-19-1994)

The minimum size and floor areas in a RM-2 Mobile Home Subdivision District are as follows:

(1)

Mobile home floor area: 320 square feet.

(2)

Floor area of structures added to mobile homes for living space shall not exceed 100 percent of original floor area.

(3)

Mobile home subdivision size: ten acres.

(Code 1982, § 24-14.1(g), (h); Code 1999, § 110-366; Ord. No. 94-01, pt. 1(24-14.1(i), (j)), 12-19-1994)

The intent of the C General Commercial District is to provide commercial areas in the city that cater to an area-wide consumer population. It shall also be the purpose of this district to provide for business uses normally found in the central business district and those catering to highway-oriented uses.

(Code 1982, § 24-15(a); Code 1999, § 110-386; Ord. No. 76-8, § 1, 11-8-1976; Ord. No. 81-8, § 1, 9-21-1981; Ord. No. 94-01, pt. 1(24-15(a)), 12-19-1994)

(a)

Uses permitted in the C General Commercial District are as follows:

(1)

Any use permitted in the R-2 district and the R-3 district although any residential use must be in harmony with overall development and not as a primary or principal use, but no single-family residences are permitted.

(2)

Appliance and furniture stores.

(3)

Bakeries, confectionery providing on-premises retail sales.

(4)

Clinics, medical and dental out-patient only.

(5)

Commercial or municipal parking lots or garages.

(6)

Commercial recreation facilities, including marinas.

(7)

Convenience food and beverage store.

(8)

Department stores.

(9)

Financial institutions with or without drive-thru teller units.

(10)

Gasoline service stations.

(11)

General retail establishments.

(12)

Hardware, paint and garden supplies.

(13)

Hotels, motels or tourist courts.

(14)

Indoor and outdoor vehicular sales such as automobile, motorcycle and all terrain vehicles and boat and boat trailer and utility trailer sales.

(15)

Kennels; provided that they shall be allowed only if they are located on the same property with and are ancillary to either a veterinary clinic or a pet grooming facility; provided that no more than two animals at any such facility are allowed to be in outside runs at any one time and that such animals not be allowed in such outside runs before 6:30 a.m. or after 6:30 p.m. of any day; provided that all other animals are kept in cages, pens or runs located inside a fully enclosed air conditioned structure; provided that no more than 35 pets are kept in any such facility at any one time; provided the facilities are used to house only dogs, cats and birds; and also provided that the facilities are operated in a manner so that they do not create any noise or smell that is unreasonably objectionable to the occupants of other property.

(16)

Kindergarten and day care facilities.

(17)

Laundries and dry cleaning plants, which do not use flammable solvents.

(18)

Mortuary and funeral homes.

(19)

Newsstand.

(20)

Reserved.

(21)

Personal services (including, but not limited to, barbershops, beauty salons, spa).

(22)

Pharmacy.

(23)

Pool halls and theaters.

(24)

Professional services, business services.

(25)

Public assembly buildings.

(26)

Repair and services of automobiles, trucks, boats, recreational vehicles and other automotive equipment provided repair and service work is not performed on any premises within 50 feet of a residential zoning district. Storage areas shall have a wall or fence that screens any repairing or storage areas that are visible from the street or adjacent property owner.

(27)

Repair and service of personal, household and office items and equipment such as, but not limited to, shoe repair, typewriter repair and small appliance repair.

(28)

Restaurants.

(29)

Shopping centers.

(30)

Supermarkets.

(31)

Veterinarian clinics.

(32)

Vocational schools, limited to office-oriented vocations, such as, but not limited to secretarial, business, real estate and computer programming.

(b)

Special exception uses. A use which may be allowed in the C General Commercial District by special exception are as follows:

(1)

Extended stay hotel or motel, occupancy limits for each unit shall be established and imposed by condition of approval.

(Code 1982, § 24-15(b); Code 1999, § 110-386; Ord. No. 76-8, § 1, 11-8-1976; Ord. No. 81-8, § 1, 9-21-1981; Ord. No. 94-01, pt. 1(24-15(b)), 12-19-1994; Ord. No. 2000-01, pt. 1, 3-20-2000; Ord. No. 2000-02, pt. 1, 3-20-2000; Ord. No. 2009-04, § 1, 6-15-2009; Ord. No. 2017-03, § 2, 2-20-2017)

The following uses, features, and activities shall not be permitted on a transitional site in the C General Commercial District so as to avoid incompatible off-site impacts for properties located in a residential district:

(1)

Restaurant, bar or night club operating after the hour of 10:00 p.m.

(2)

Public and private clubs operating primarily as entertainment facilities offering food and beverage after the hour of 10:00 p.m.

(3)

Parking and loading spaces, exclusive of access drives, located within 25 feet of a residential district boundary.

(4)

Drive-through facilities where business transactions occur.

(5)

Outdoor paging devices or loud speakers.

(6)

Freestanding signs having a sign face area greater than six square feet.

(7)

A window in an exterior wall of a building having a total area in excess of 24 square feet used primarily for advertising, or displaying merchandise or services offered on the premises.

(8)

Repair service businesses involving gasoline motors, mechanical equipment tools, or chemicals which create perceptible outdoor noise or odors in normal operations.

(9)

Service stations.

(10)

Car wash.

(11)

Veterinary clinics.

(12)

Kennels.

(Code 1999, § 110-388; Ord. No. 94-01, pt. 1(24-15(c)), 12-19-1994)

The principal building, accessory buildings and other land uses in the C General Commercial District shall be located so as to comply with the following requirements:

(1)

Minimum land area: 2,500 square feet.

(2)

Minimum lot width at building line: 25 feet.

(3)

Minimum front yard: none required.

(4)

Minimum rear yard: none required, except when abutting an R or RM District: 20 feet.

(5)

Minimum side yard: none required, except when abutting an R or RM District: ten feet.

(Code 1982, § 24-15(c); Code 1999, § 110-389; Ord. No. 76-8, § 1, 11-8-1976; Ord. No. 81-8, § 1, 9-21-1981; Ord. No. 94-01, pt. 1(24-15(d)), 12-19-1994)

The total ground coverage in the C General Commercial District may be 100 percent.

(Code 1982, § 24-15(d); Code 1999, § 110-390; Ord. No. 76-8, § 1, 11-8-1976; Ord. No. 81-8, § 1, 9-21-1981; Ord. No. 94-01, pt. 1(24-15(e)), 12-19-1994)

No building in the C General Commercial District shall be more than 35 feet and three stories in height.

(Code 1982, § 24-15(e); Code 1999, § 110-391; Ord. No. 76-8, § 1, 11-8-1976; Ord. No. 81-8, § 1, 9-21-1981; Ord. No. 94-01, pt. 1(24-15(f)), 12-19-1994)

The off-street parking requirements in the C General Commercial District shall be as stated in article II of chapter 102.

(Code 1982, § 24-15(g); Code 1999, § 110-392; Ord. No. 76-8, § 1, 11-8-1976; Ord. No. 81-8, § 1, 9-21-1981; Ord. No. 94-01, pt. 1(24-15(g)), 12-19-1994)

The intent of the I Industrial District is to provide for industry beyond simple assembly. The further intent is to encourage and facilitate the development of industrial enterprises in a setting conclusive to public health; economic stability and growth; protection from blight and deterioration; nonindustrial encroachment; and efficient traffic movement including employee and truck traffic. The area, height, bulk and placement regulations, as well as use regulations, reflect the intent of the district. This district is primarily designed for limited range of industry and related uses. New residential development is excluded from this district, both to protect residences from an undesirable environment and to ensure the reservation of adequate areas for industrial development. In this district, consideration is given to including certain industries which, because of their character and methods of operation, are clean, quiet and can be properly buffered from a residential area by screening or as otherwise regulated on a transitional site.

(Code 1982, § 24-16(a); Code 1999, § 110-411; Ord. No. 81-8, § 2, 9-21-1981; Ord. No. 94-01, pt. 1(24-16(a)), 12-19-1994)

The uses permitted in the I Industrial District are as follows:

(1)

Any use permitted in the C district except, however, residential uses shall be allowed only as living quarters for an owner, manager or caretaker of a permitted use.

(2)

Asphalt and concrete mixing and product manufacture.

(3)

Automotive, boat and other vehicular paint and body shops.

(4)

Cold storage.

(5)

Contractor storage yard.

(6)

Outdoor sales establishments such as automobile and motorcycle sales, boat sales, display and sale of mobile homes and factory-manufactured housing units and/or travel trailers, recreational vehicles; and camper sales.

(7)

Commercial AM/FM radio, television microwave transmission and relay towers and accessory equipment and buildings.

(8)

Exterminator.

(9)

Incinerators.

(10)

Laundry and dry cleaning plants, bottling plants, and printing shops.

(11)

Light manufacturing such as dairy products, appliances, leather goods, electronic equipment, furniture and other similar activities.

(12)

Lumber and building supplies, heating and air conditioning, sheet metal works, welding, contractors and subcontractors shops and offices.

(13)

Metal fabrication.

(14)

Outdoor storage of equipment, raw materials, manufactured products and manufactured housing units.

(15)

Salvage yards and junkyards, in accordance with section 22-42 et seq.

(16)

Storage of gas and oil.

(17)

Transportation and multimode terminals.

(18)

Wholesale, warehousing, trucking, moving, storage and storage depots.

(19)

Woodworking.

(Code 1982, § 22-16(b); Code 1999, § 110-412; Ord. No. 81-8, § 2, 9-21-1981; Ord. No. 94-01, pt. 1(24-16(b)), 12-19-1994; Ord. No. 2000-03, pt. 1, 3-20-2000)

Where the city commission deems it necessary, any area within the I Industrial District used as open storage shall be completely enclosed by a fence or wall so as to protect surrounding property from debris damage caused by wind or storm.

(Code 1982, § 24-16(c); Code 1999, § 110-413; Ord. No. 81-8, § 2, 9-21-1981; Ord. No. 94-01, pt. 1(24-16(c)), 12-19-1994)

The following uses, features, and activities shall not be permitted on a transitional site in the I Industrial District, so as to avoid incompatible off-site impacts for properties located in a residential district:

(1)

Uses and activities prohibited on transitional sites in the commercial district as set forth in section 110-396.

(2)

Uses and activities prohibited on a transitional site in the industrial district as follows:

a.

Buildings or portions thereof housing machinery used for industrial operations which exudes perceptible processing odors or excessive noise. Noise levels shall not exceed 55 decibels measured three feet above grade at a common property line which is also a residential district boundary.

b.

Parking and loading spaces, exclusive of access drives located within 25 feet of a residential district boundary.

c.

Wall openings for windows and doors which comprise more than ten percent of the total exterior wall surface on any one face of a building including wall offsets, oriented toward an abutting residential district.

d.

Outdoor storage.

e.

Commercial radio, television, microwave transmission and relay stations and towers.

(Code 1999, § 110-414; Ord. No. 94-01, pt. 1(24-16(d)), 12-19-1994)

Residential dwellings, except living quarters for an owner, manager, or caretaker, in conjunction with and incidental to a permitted use are prohibited in the I Industrial District.

(Code 1982, § 24-16(c); Code 1999, § 110-415; Ord. No. 81-8, § 2, 9-21-1981; Ord. No. 94-01, pt. 1(24-16(e)), 12-19-1994)

The principal building, accessory buildings and other land uses in the I Industrial District shall be located so as to comply with the following requirements:

(1)

Minimum land area: 5,000 square feet.

(2)

Minimum lot width at building line: 50 feet.

(Code 1982, § 24-16(d); Code 1999, § 110-416; Ord. No. 81-8, § 2, 9-21-1981; Ord. No. 94-01, pt. 1(24-16(f)), 12-19-1994)

No building shall be more than 55 feet or three stories in height in the I Industrial District. Smokestacks, radio antennas, chimneys and similar structures are excluded from this restriction.

(Code 1982, § 24-16(e); Code 1999, § 110-417; Ord. No. 81-8, § 2, 9-21-1981; Ord. No. 94-01, pt. 1(24-16(g)), 12-19-1994; Ord. No. 2017-09, § 1, 5-15-2017)

(a)

It is the purpose of this section to permit a Planned Unit Development (PUD) District which:

(1)

Allows the development of land as planned communities and encourages developers to exercise greater creativity in the planning and development or redevelopment of tracts of land under unified control than is generally possible through the strict application of the minimum requirements of these zoning district regulations;

(2)

Encourages flexible and creative concepts of site planning; permits a diversification of uses, structures and open space areas in a manner compatible with both the surrounding existing and approved development;

(3)

Encourages the land to be used more efficiently and the creation of communities through the use of smaller networks of infrastructure;

(4)

Provides for the retention of natural amenities by encouraging the incorporation of scenic, natural and functional open space areas within the PUD; and

(5)

Provides for the approval of a plan upon which both the city and the applicant can rely, where there are conflicts between the general provisions of the code and the approved PUD plan and development order, the PUD plan and development order will control.

(b)

The PUD process shall not be used merely to avoid compliance with other zoning regulations imposed by this Code.

(Code 1999, § 110-418; Ord. No. 2006-02, pt. 1, 3-20-2006)

The uses permitted within the PUD district shall include and comply with the following:

(1)

Residential units, including single-family attached and detached dwelling, two-family dwellings, and multiple-family dwellings.

(2)

Churches, schools, community or club buildings and similar public and semi-public facilities.

(3)

Nonresidential uses, including commercial or retail uses, offices, clinics and professional uses, light industrial (fully enclosed) and recreation uses.

(4)

Any combination of the above uses.

(Code 1999, § 110-419; Ord. No. 2006-02, pt. 1, 3-20-2006)

The applicant shall file for a pre-application conference. The city will invite all of the necessary city representatives to provide review and input. The applicant will provide the city with a synopsis of the proposed PUD one week prior to the pre-application conference to permit the city staff to review and consider the proposal.

(Code 1999, § 110-420; Ord. No. 2006-02, pt. 1, 3-20-2006)

An application for PUD zoning shall be submitted in accordance with the general requirements for a rezoning as set forth in article II, division 2 of this chapter. All applications for PUD zoning must include the following additional information:

(1)

Evidence of unified control. The applicant must submit a notarized written consent from the owners of all property comprising the subject parcel.

(2)

Surrounding property owners list. The applicant must submit a property owner's list with mailing addresses and mailing labels for all property within 200 feet of the subject parcel, or the portion thereof that is the subject of the PUD zoning request. For the purpose of this subsection, names and addresses of property owners will be deemed to be those appearing on the latest tax rolls of Hendry County at the time of application.

(3)

Master concept plan (MCP). The MCP must identify:

a.

The boundary of each development area within which buildings, parking, or other uses will be located;

b.

The maximum height in feet and the number of habitable floors, and whether or not parking will be under the building;

c.

Identify the maximum amount of uses, such as; if residential the maximum number of units by type (single family, multifamily, townhome, zero-lot line, etc.), hotel, the maximum number of rooms, if commercial, identify the breakdown of commercial uses, such as retail, office, restaurant, and the maximum square footage of each type of commercial, if industrial, the maximum square footage;

d.

The general location of wetlands and lakes, and the percentage of the PUD that will be in open space and recreation areas. Open space includes wetlands, lakes, recreation areas, common landscaped areas, and other areas of green space. A PUD must include 25 percent overall open space. Indicate whether or not there are private recreational uses such as clubhouses or recreational facilities, and the maximum square footage of the clubhouse or recreational center;

e.

The property development regulations for each use shall be shown on the MCP and shall be set forth on an exhibit included with the application, which is in a form that can be attached to the final development order.

(4)

Traffic impact statement. A traffic impact statement (prepared by a professional engineer or duly qualified transportation planner) that identifies the number of net new external trips, identifies pass-by calculations, internal capture calculations, identifies the a.m. and p.m. peak hour trips on all adjacent roadway links, and which identifies the level of service (LOS) on all adjacent roadway links with and without the project.

(5)

Comprehensive plan consistency. A narrative explanation as to how the proposed development complies with the city's comprehensive plan. Specific reference to compliance with each future land use category must be noted.

(6)

Additional information. Information that identifies the general elevations of the property, information regarding whether or not there are any floodplains on the property and the general location of the floodplains, a statement as to whether or not there are any historical or archeologically significant features on the site, and a Florida Land Use, Cover and Classification System (FLUCCS) map at the same scale as the MCP that clearly identifies any existing federal or state jurisdictional wetlands. The FLUCCS map shall identify the acreage of any wetlands and water bodies on the site at the time of submittal. The master concept should identify only those wetlands that will be incorporated into the plan.

(7)

Deviations. A list of all deviations (from zoning district lot and building requirements) with a written justification for each deviation. The location of each requested deviation must be identified on the MCP.

(8)

Schedule of uses. The type of uses, and the maximum amount of each use, and the general location of each use.

(Code 1999, § 110-421; Ord. No. 2006-02, pt. 1, 3-20-2006)

(a)

The application shall be reviewed by the city planning staff for compliance with the submittal requirements. Upon a determination that sufficient information has been submitted to initiate the substantive review, a sufficiency letter shall be sent to the applicant by the city manager. If the determination is that the application does not include sufficient information, a letter shall be sent to the applicant identifying the deficiencies that need to be addressed. The staff shall conduct a sufficiency review of all additional information submitted in response to a sufficiency letter and either identify additional deficiencies, or provide the letter finding the application to be complete.

(b)

Once the application is determined to be complete, the staff technical review committee shall conduct their substantive review. The application shall be reviewed for consistency with the comprehensive plan and the code; written recommendations to shall be provided to the applicant and the local planning agency not less than one week prior to the scheduled public hearing.

(Code 1999, § 110-422; Ord. No. 2006-02, pt. 1, 3-20-2006)

The local planning agency shall review the application in accordance with the requirements of article II, division 2 of this chapter and shall make findings and recommendations as to compliance of the application with the adopted comprehensive plan and the applicable standards of this Code. The finding shall be reduced to writing and provided to the applicant and submitted for consideration by the city commission.

(Code 1999, § 110-423; Ord. No. 2006-02, pt. 1, 3-20-2006)

The city commission shall review the application in accordance with the requirements of articles II and III of this chapter and shall make findings, or adopt the findings of the local planning agency, of consistency with the comprehensive plan and this Code. The city commission may include appropriate conditions within the PUD to address compatibility and to ensure compliance with the PUD purpose and intent. If the action of the city commission results in changes to the master concept plan, the applicant must submit a master concept plan that conforms to the action of the city commission for attachment to, and incorporation into the PUD approval.

(Code 1999, § 110-424; Ord. No. 2006-02, pt. 1, 3-20-2006)

(a)

Generally. All PUD developments shall conform to the provisions of the adopted comprehensive plan of the city and the land development regulations (LDR). Where standards exist in the plan and comparable standards do not exist in this Code, the standards and procedures set out in the plan shall apply in addition to the standards herein. Use of the PUD process described in section herein can result in the applicant establishing specific height, area, bulk, yard, size and mix provisions which may be different from the requirements contained in the several zoning districts within this chapter, in any or all respects. Minimum requirements of the zoning districts in which the subject property is located shall no longer apply upon final approval of a PUD. Further, a PUD may be placed in any zoning district provided that the public hearing and notice procedures described in this chapter are observed during the preliminary plan review stage and, if necessary, during the final plan review stage.

(b)

Minimum dimension and density requirements.

(1)

The PUD development shall identify the width and type of any perimeter buffers, and internal buffers, when buffers are necessary to ensure compatibility. Buffers shall be of such a size and type to mutually protect incompatible adjacent land uses. Buffers can be walls, walls on berms, landscaping, native vegetation, distance separation, or other creative means of ensuring compatibility, or a combination of the aforementioned factors.

(2)

The lot requirements shall be consistent with the adopted property development regulations.

(3)

The maximum permitted density and square footage within the PUD must be consistent with the density permitted by the future land use element of the city's comprehensive plan.

(4)

The maximum height of all structure types, office, single family, multifamily, townhomes, etc., must be identified on the master concept plan and in the written PUD approval.

(c)

Off-street parking and loading area. Off-street parking and loading shall be as set forth in article II of chapter 102 unless a deviation from the LDR is granted by the city commission.

(d)

Landscaping standards. Landscaping shall be as set forth in article IV of chapter 102 unless a deviation from the LDR is granted by the city commission.

(e)

Other specific standards.

(1)

The frontage on dedicated public or private rights-of-way shall observe a front yard setback requirement in accordance with the zoning district. For detached structures, there shall be a minimum of a five-foot side yard and rear yards shall be a minimum of ten feet. Corner lots and through lots shall provide the full front setback along the street frontage to which the structure is oriented and a minimum of ten-foot setback along the other street frontage.

(2)

Two or more freestanding structures located on the same lot shall be a minimum of ten feet apart.

(3)

Every dwelling unit or other use permitted in PUD developments shall have access to a public road or street, either directly or via an approved road, pedestrian way, court, or other area dedicated to public use or reserved for private use, or common element guaranteeing access.

(4)

Reserved.

(5)

All streets shall be constructed to meet or exceed all city standards, except as provided for in subsection (6) of this section.

(6)

Private streets, as principal means of access to individually owned lots in the PUD that are required to comply with the provisions of this chapter, shall be prohibited unless the developer establishes a homeowners' association complying with state statutes. In such cases, the homeowner's association shall be responsible for construction, maintenance and control of such roadways. Private streets are required to be constructed to meet or exceed all applicable city standards. The right-of-way for private streets and cul-de-sac within the PUD may be reduced to 40 feet in width and 90 feet in diameter, respectively, provided the developer can show that all sidewalks, utilities and stormwater are provided for within the right-of-way. Alternatively, utilities and stormwater may be provided for through easements.

(Code 1999, § 110-425; Ord. No. 2006-02, pt. 1, 3-20-2006)

Approval of the proposed PUD development shall be interpreted as including approval of all maps, diagrams, tables and reports attached to the PUD approval, and made a part thereof.

(Code 1999, § 110-426; Ord. No. 2006-02, pt. 1, 3-20-2006)

(a)

The purpose of the Commerce Park Industrial District (CPID) is to provide lands for business and industry which support the economic base of the city and contributes to its economic growth and self-sufficiency. The CPID uses shall include light industrial activities consisting of manufacturing and assembly processes, research and development, and similar uses which are of a nature not likely to be objectionable to neighboring properties. The CPID development standards provided herein are intended to result in new industry that is attractive in appearance for the benefit of the property, the city, and the owners and/or lessees of all lots within the CPID.

(b)

The Clewiston Commerce Park (the "park") is hereby zoned CPID Commerce Park Industrial District. The zoning map of the city is hereby amended by changing the zoning district designation from industrial district (I) to Commerce Park Industrial District (CPID) on those parcels, known as the Clewiston Commerce Park, specifically described as:

Being a parcel of land lying within Section 16, Township 43 South, Range 34 East. Begin at the intersection of the westerly right-of-way line of Olympia Street as described in Official Records book 157, page 161, of the Public Records of Hendry County, Florida, with the northerly right-of-way line of Clewiston Drainage District Canal No. 5 Maintenance Easement as laid out and now in use, as described in Official Records book 221, page 172, of the Public Records of Hendry County, Florida; thence south 89° 26' 55" west along the northerly right-of-way line of said Canal No. 5 Maintenance Easement a distance of 1,244.61 feet to an intersection with the easterly right-of-way line of Lopez Street Canal, as described in Official Records book 108, page 181, of the Public Records of Hendry County, Florida; thence north 00° 32' 34" west along said easterly right-of-way line a distance of 1,180.82 feet to an intersection with the westerly extension of the southerly right-of-way line of Bahama Street, as shown on the General Plan of Clewiston, Florida, as described in plat book 2, pages 71 to 78, inclusive, of the Public Records of Hendry County, Florida; thence north 89° 26' 55" east along said southerly right-of-way line a distance of 1,244.76 feet to the westerly right-of-way line of said Olympia Street; thence south 00° 32' 09" east along the westerly right-of-way line of Olympia Street a distance of 1,180.82 feet to the point-of-beginning. (Containing 33.70 acres, more or less.) Parcel Identification Number: 3-34-43-16-A00-0011.0000 and Parcel Identification Number: 3-34-43-16-A00-0012.0000 (Split-out).

(c)

The CPID designation and development standards contained herein shall apply to all lands within the park at the date of adoption of this division and to all future expansions of the park. The existing park is located in the southwest quadrant of the city bordered on the east by Olympia Street, on the west by the abandoned Clewiston Airport property, on the north by the South Central Florida Express Railroad, and on the south by vacant industrial lands. Phase I of the park contains 33.7 acres consisting of ten platted lots. At the date of adoption of this division, all lands of the park are vacant.

(Ord. No. 2012-01, § 1, 5-21-2012)

Editor's note— Ord. No. 2025-05, § 1, adopted May 19, 2025, repealed § 110-494, which pertained to land acquisition and derived from Ord. No. 2012-01, § 1, adopted May 21, 2012; Ord. No. 2017-10, § 1, adopted May 19, 2017.

Permitted uses within the CPID include and comply with the following:

(1)

Light industrial and commercial operations, which produce:

a.

Computer components.

b.

Robotics.

c.

Food processing and packaging (no animal process/meat packing).

d.

Apparel-related products.

e.

Finished wood products.

f.

Furniture and fixtures.

g.

Assembled paper products.

h.

Formulation and packaging of drugs, cosmetics, soap.

i.

Fabricated metal products.

j.

Manufactured machinery.

k.

Electrical equipment and components.

l.

Optics.

m.

Aerospace composites.

n.

Integrated circuits.

o.

Ceramics and glass products.

p.

Consumer electronics.

q.

Image recognition.

r.

Medical devices, dental equipment, and supplies; and

s.

Restaurant, hotel and store supplies, fixtures, and equipment.

t.

Bookbinding.

u.

Bakery.

v.

Blending of liquor.

w.

Cheese making.

x.

Carpet and rug cleaning.

y.

Diaper service.

aa.

Drapery and window blind fabrication and service.

bb.

Glass and mirror shop.

cc.

Linen supply.

dd.

Magazine wholesale agency.

ee.

Pattern making.

ff.

Printing, publishing, lithography, and engraving.

gg.

Communication-information/data processing.

hh.

Telecommunication.

ii.

Exterminating.

jj.

Janitorial.

kk.

Plumbing, mechanical, or electrical shop.

ll.

Shipping and parcel services.

mm.

Manufacture of powder blends.

nn.

Call service centers.

(b)

Conditional uses. The following conditional uses, if they only provide limited retail services, may be acceptable in the CPID by the addition of conditions of approval that ameliorate any adverse impacts the use may have on adjoining businesses:

(1)

Repair and maintenance of automotive, agricultural, and marine equipment when:

a.

All repairs and maintenance activities shall occur within the building.

b.

All equipment (automotive, agricultural, and marine) stored on-site, while waiting for repairs or for pick up, shall be stored on a stabilized hard surface, free of vegetation, visually screened from all streets and adjacent properties.

c.

No equipment which is required to be licensed shall be stored on-site without a license.

(c)

Conditional use approval process. The project will require a site plan, landscaping plan, and architectural renderings which will be reviewed by the department and then reviewed by the PZB. If the project receives a positive recommendation from PZB, PZB will recommend written conditions of approval. The site plan, landscape plan, architectural renderings, and conditions of approval shall be reviewed by the city commission. The city commission will review the proposal and the recommendations of the PZB and shall either approve the project with the conditions of approval, modify the PZB recommendation, or deny the proposal.

(Ord. No. 2012-01, § 1, 5-21-2012; Ord. No. 2017-10, § 1, 6-19-2017; Ord. No. 2020-01, § 1, 2, 7-20-2020; Ord. No. 2025-05, § 2, 5-19-2025)

Editor's note— Ord. No. 2017-10, § 1, adopted June 19, 2017, repealed §§ 110-496 and 110-497, which pertained to prohibited uses and nuisances, respectively, and derived from Ord. No. 2012-01, § 1, adopted May 21, 2012.

(a)

Lot size. No lot shall be less than 75 feet in width and not less than 20,000 square feet in area.

(b)

Height. No building shall exceed 75 feet in height without alternative fire safety provisions made by the company and specifically allowed by special exception of the city commission. Smokestacks, radio antennas, chimneys, and similar structures are excluded from this restriction.

(c)

Setbacks.

(1)

Street side. All parcels shall have a minimum front yard setback of 20 feet. Front yard setbacks shall be measured from the property line.

(2)

Interior side yard. The minimum interior side yard shall be 15 feet, except that the interior side yard setback may be reduced to zero on one side of the lot provided that:

a.

The wall constructed at the zero setback shall be of maintenance-free masonry material.

b.

The opposite side yard is increased to 30 feet. In the event that two contiguous property owners desire to construct buildings using zero side yard setbacks, utilizing a common driveway for ingress and egress to the rear of both properties, said opposite side yard may be reduced to 15 feet provided easements are obtained and recorded ensuring a 30-foot minimum separation between the two buildings for ingress and egress to the rear of the property. This 30-foot access way shall be maintained free of obstructions skyward and with no openings that would facilitate any loading or unloading, in any portion of the buildings which fronts on the easement.

(3)

Rear yard. There shall be a minimum rear yard setback of ten feet.

(d)

Off-street parking. Two parking spaces for each three employees, but in no event less than two spaces for each 1,000 square feet of gross-floor area. Parking on any public street within the CPID is strictly prohibited.

(e)

Landscaping. Landscaping shall be as set forth in article IV of chapter 102.

(f)

Signage. Sign standards shall be as set forth in chapter 100.

(g)

Fences and walls. All fences and walls shall be constructed of concrete, masonry, or metal. Metal fences shall be of the open-weave, chain-link type. Fences and walls shall not exceed ten feet in height. Fences and walls shall not be located within any setback area on a street with the exception that a double frontage plot shall be permitted to contain fences and walls in the rear or secondary required setback area when provided with a 25-foot planting area adjacent to the street landscaped in conformance with this division.

(h)

Lighting. Adequate lighting shall be provided for all automobile parking areas, truck loading and unloading areas, and all pedestrian and vehicle access points. Lighting design should conform with IESNA RP-33-99 recommended practices, lighting for exterior environments.

(i)

Loading areas. Loading and unloading areas will be designed to permit the pickup and delivery of materials without impeding the public right-of-way.

(j)

Outdoor storage areas. All industrial and manufacturing activities of a business will be executed within the confines of the building. The storage of materials and finished products outside of a building is permitting, so long as it does not constitute a nuisance or interfere with adjoining owners' reasonable use of their land. All outdoor storage shall be on a stabilized hard surfaced area, free of vegetation, visually screened from access streets, residential neighborhoods, and adjacent property with a complete opaque fence or wall (that is architecturally compatible to the building's finished materials) or landscaping as approved by the city. This requirement does not prohibit parking of company owned and operated motor vehicles and equipment. No storage shall be permitted between a frontage street and the building line. No waste materials, manufacturing process by-product, rubbish, or discarded matter of any kind shall be permitted to be stored in open areas beyond the time reasonably required to arrange removal. The use of Conex boxes and tractor trailers that are well-maintained, painted, and show no rust are permitted. Other trucks or vehicles for storage is prohibited.

(k)

Improvement standards. All developed property shall be landscaped, improved, and maintained in full conformity with all applicable requirements of the city land development code, and other state and federal standards.

(1)

Buildings. All exterior walls, façades, and claddings fronting on any street shall be aesthetically pleasing, and if concrete block, shall be given a veneer of either stucco, plaster, ceramic, or similar covering approved by the city. Metal buildings with facades or claddings constructed of ceramic, masonry, concrete, stucco, or similar material may be allowed with the approval of the technical review committee, provided the facade or cladding is a minimum of four feet in height from the ground and covers all exterior walls of the building, except the rear wall. All buildings and structures shall be kept properly and protected from deterioration and shall not be permitted to become dilapidated. No building or structure, or part thereof, shall be erected, in whole or in part, which is obnoxious, objectionable, a nuisance, or a hazard to adjoining properties, as they relate to sound, vibrations odors, glare, radioactive materials, smoke and particulate matters. This determination will be made by the technical review committee.

(2)

Stormwater. Each site shall be designed to accommodate a minimum of one-half inch of dry pretreatment to be detained on site prior to discharge into the master surface water management system.

(3)

Access areas. All driveways, walkways, parking areas, storage, and loading areas of developed property shall be well-graded and surfaced with asphalt concrete, concrete, or other materials approved by the city. It is intended that driveways on boundary streets be minimized. Spacing on boundary streets shall be at least 75 feet apart (center spacing), at least 100 feet from any street intersection, and a maximum of 24 feet in width. Joint driveways may be developed to serve abutting parcels and are favorably encouraged.

(4)

Property maintenance. Building, landscaping, and other improvements shall be continuously maintained yielding a well-kept appearance, especially along the perimeters of the property. The city shall from time to time inspect site and landscape maintenance, and if not satisfied with the level of maintenance on a site, shall notify the owner in writing. If, within 15 days from notification, maintenance has not been brought to acceptable standards in conformance with the following maintenance standards, the city may open a case on the matter before the special magistrate of violations of the city's Code of Ordinances.

(5)

Waste. All trash and garbage shall be placed in designated containers, or within the tenant's contained service area which shall be screened or properly landscaped. The size and number of containers shall be determined by the city. Yards and landscape areas will be kept free of trash, leaves, and dead landscaping materials. All tenants must use the city's designated disposal service.

(6)

Parking lots and sidewalks. All parking lots, sidewalks, and other hard surface areas shall be swept and cleaned regularly and cracks and damaged areas of sidewalks shall be repaired or replaced as required. Damaged or eroding areas of the asphalt parking surface shall be replaced as required and an overall resurfacing of the parking area will be done as necessary. Broken wheel stops and/or curbing shall be replaced as required; and drainage inlets, storm sewers, and any surface drainage facilities shall be maintained in good repair and clear of debris so as to ensure their proper function. Each tenant, grantee, or lessee shall provide adequate off-street motor vehicle and trailer storage for the tenant's, grantee's, or lessee's needs, but, in any event, no less than that required by subsection (d) of this section.

(Ord. No. 2012-01, § 1, 5-21-2012; Ord. No. 2017-10, § 1, 6-19-2017; Ord. No. 2025-05, § 3, 5-19-2025)

(a)

A city development application for site plan review along with two sets of printed and a digital set of the site development plan shall be submitted to the planning department. The site development plan must include or reflect the following information:

(1)

Shall be drawn at a scale of not more than one-inch equals 100 feet.

(2)

Vicinity sketch of adjacent properties.

(3)

Date site plan was prepared.

(4)

Name, address and professional seal of architect, landscape architect, engineer or professional surveyor who prepared the plan.

(5)

North arrow and legal description.

(6)

Property lines, dimensions, and building setback distances from roof overhang or foundations to edge of public street rights-of-way or property lines and all structures, lot lines within 100 feet of the site.

(7)

Existing and proposed topographic elevations at two-foot intervals on the site and to a distance of 50 feet outside the boundary lines of the site.

(8)

Direction of stormwater drainage and how stormwater runoff will be handled as well as a statement describing where stormwater will be ultimately discharged.

(9)

Location of existing and proposed buildings, their intended use, the length, width and height of each building, the square footage of each building and the specific types of material to be used in construction.

(10)

Location of abutting streets, rights-of-way, service drives, curb cuts, and access easements serving the site, as well as driveways opposite the site and driveways within 100 feet on either side of the site including all driveway widths and curb radius.

(11)

Location and size of all water and sanitary sewer lines and storm drainage lines, catch basins, and location of storm retention/detention ponds with a maximum depth in excess of two feet are permitted in the rear yard only and must be adequately fenced and screened.

(12)

Location and type of all sidewalks, bike paths, and other walkways.

(13)

Location, type and size of any walls, fences, or other screening provisions.

(14)

Location of all proposed landscape materials, including size and type of plantings.

(15)

Location, size, and height of all proposed accessory structures, if prior approval is received, transformers, dumpsters or trash removal areas or devices, and method of screening and signs. Rooftops or outdoor equipment should also be indicated including proposed methods of screening where appropriate.

(16)

Proposed parking areas and access drives showing number and size of spaces and aisles, loading areas, and handicapped access ramps. Also note method of surfacing such areas.

(17)

Exterior lighting showing area of illumination and type of fixture as well as a method of shielding from adjacent properties and roadways.

(18)

Location and specifications for any existing or proposed above or below ground storage facilities for any chemicals, salts, flammable materials, or hazardous materials as well as any containment structures or clear zones required by this division or other state or federal agencies.

(19)

Architectural elevation drawing of the buildings including type and color of outer wall coverings and cross-section drawings of the site.

(b)

A narrative explanation as to how the proposed development complies with the city's comprehensive plan and objective of the CPID.

(c)

Any other information deemed appropriate by the city commission or staff.

(d)

Staff technical review.

(1)

The application shall be reviewed by the TRC for compliance with the submittal requirements. Upon determination that sufficient information has been submitted to initiate the substantive review, a sufficiency letter shall be sent to the applicant by the planning department. If the determination is that the application does not include sufficient information, a letter shall be sent to the applicant identifying the deficiencies that need to be addressed. The staff shall conduct a sufficiency review of all additional information submitted in response to a sufficiency letter and either identify additional deficiencies or provide the letter finding the application to be complete.

(2)

Once the application is determined to be complete, the staff technical review committee shall conduct their substantive review. The application shall be reviewed for consistency with the CPID development standards, the comprehensive plan and this Code; written recommendations shall be provided to the applicant.

(e)

A traffic impact statement on lots larger than two acres, unless this requirement is waived by the technical review committee (prepared by professional engineer or duly qualified transportation planner) that identifies the number of net new external trips, identifies pass-by calculations, internal capture calculations, identifies the a.m. and p.m. peak hour trips on all adjacent roadway links, and which identifies the level of service (LOS) on all adjacent roadway links with and without the project.

(Ord. No. 2012-01, § 1, 5-21-2012; Ord. No. 2017-10, § 1, 6-19-2017; Ord. No. 2018-06, § 1, 1-7-2019; Ord. No. 2025-05, § 4, 5-19-2025)

Approval of the proposed CPID development shall require:

(1)

Purchase or lease of the CPID property at agreed upon price. The city attorney will provide the sales or lease agreement and associated documents.

(2)

Site plan approval and development authorization (preliminary and/or final) and the preparation of any associated development agreements.

(Ord. No. 2012-01, § 1, 5-21-2012; Ord. No. 2017-10, § 1, 6-19-2017)

Editor's note— Ord. No. 2017-10, § 1, adopted June 19, 2017, retitled the catchline of § 110-500 from "Effect of approval" to read as herein set out.

The purpose of the US 27 Commercial Corridor District is to provide lands for business and industry which support the economic base of the city and contribute to its economic growth and self-sufficiency. The US 27 Commercial Corridor District uses shall include commercial activities consisting of mixed-use not likely to be objectionable to neighboring properties. The US 27 Commercial Corridor District development standards provided herein are intended to result in new commerce that is attractive in appearance for the benefit of the property, the City of Clewiston and the owners and/or lessees of all lots within the US 27 Commercial Corridor. These requirements are intended to provide a pleasant, attractive, and safe business environment for the convenience and benefit of business owners and customers, and to foster an environment of economic growth and redevelopment in the City of Clewiston.

The US 27 Commercial Corridor District designation and development standards contained herein shall apply to all lands within the district at the date of adoption of this division and to all future expansions of the district. All requirements of chapter 110, Zoning, also apply in the US 27 Commercial Corridor District; section 110-501 through section 110-518 are additional requirements of the District. When the US 27 Commercial Corridor District requirements conflict with other provisions of chapter 110, the more stringent requirements shall be applied.

(Ord. No. 2022-10, § 1, 10-17-2022)

Permitted uses within the US 27 Commercial Corridor District are as follows:

(1)

Appliance and furniture stores.

(2)

Bakeries, confectionery providing on-premises retail sales.

(3)

Clinics, medical and dental out-patient only.

(4)

Commercial or municipal parking lots or garages.

(5)

Commercial recreation facilities, including marinas.

(6)

Convenience food and beverage store.

(7)

Department stores.

(8)

Financial institutions with or without drive-thru teller units.

(9)

Gasoline service stations.

(10)

General retail establishments.

(11)

Hardware, paint, and garden supplies.

(12)

Hotels or motels.

(13)

Indoor and outdoor vehicular sales such as automobile, motorcycle, and all-terrain vehicles and boat and boat trailer and utility trailer sales.

(14)

Laundries and dry-cleaning plants, which do not use flammable solvents.

(15)

Mortuary and funeral homes.

(16)

Newsstand.

(17)

Personal services (including, but not limited to, barbershops, beauty salons, spas).

(18)

Pharmacy.

(19)

Theaters.

(20)

Professional services.

(21)

Public assembly buildings.

(22)

Repair and service of personal, household, and office items and equipment.

(23)

Restaurants.

(24)

Shopping centers.

(25)

Supermarkets.

(26)

Veterinarian clinics.

(Ord. No. 2022-10, § 1, 10-17-2022)

The following uses are not permitted in the US 27 Commercial Corridor District, but may be authorized by the imposition of conditions of approval, if all negative impacts are ameliorated by those conditions:

(1)

Liquor store.

(2)

Nightclubs, lounges, bars.

(3)

Repair and services for automobiles, trucks, boats, recreational vehicles, and other automotive equipment.

(4)

Pawn shops.

(5)

Payday, check cashing or deferred deposit loan businesses.

(6)

Tobacco retailers.

(7)

Extended-stay hotel or motel, with occupancy limits for each unit established by condition.

(8)

Kindergarten and daycare facilities.

(9)

Vocational schools, limited to office-oriented vocations, such as, but not limited to secretarial, business, real estate and computer programming.

(10)

Automatic amusement centers/game rooms.

(11)

Limited residential use must be in harmony with overall development and not as a primary or principal use and not allowed on ground floor.

(Ord. No. 2022-10, § 1, 10-17-2022)

Setback requirements.

(1)

Street side. All parcels shall have a minimum street side yard setback of four feet and, for every ten feet the building length exceeds 150 feet, an additional one foot of setback shall be required, up to the maximum of 30 feet. Street side yard setbacks shall be measured from back of street property line. Reduction in front yard setback may be approved by the TRC if additional conditions are met.

(2)

Interior side yard. The minimum interior side yard shall be 12 feet, except that the interior side yard setback may be reduced to zero on one side of the lot provided that:

a.

A wall constructed of brick or maintenance-free masonry material with a stucco finish is constructed at the zero-setback side, and the opposite side yard is increased to 24 feet.

b.

In the event that two contiguous property owners desire to construct buildings using zero side yard setbacks, utilizing a common driveway for ingress and egress to the rear of both properties, said opposite side yard may be reduced to 12 feet provided easements are obtained and recorded ensuring a 24-foot minimum separation between the two buildings for ingress and egress to the rear of the property. This 24-foot accessway shall be maintained free of obstructions skyward and with no openings that would facilitate any loading or unloading, in any portion of the buildings which fronts on the easement.

(3)

Rear yard. There shall be a minimum rear yard setback of feet.

(4)

Height. Maximum height of building in the US 27 Commercial Corridor District shall not exceed 65 feet.

*Special exception height allowance may be authorized by the imposition of additional conditions of approval, if all negative impacts are ameliorated, height maximum may be increased not to exceed 75 feet.

(Ord. No. 2022-10, § 1, 10-17-2022; Ord. No. 2025-06, § 1, 5-19-2025)

(a)

All properties must comply with chapter 74, article VI.

(b)

Trash receptacles located on public sidewalks for use by pedestrians shall be consistent with the size and style approved by city public works department.

(Ord. No. 2022-10, § 1, 10-17-2022)

(a)

Alternative parking plans (APP). An alternative parking plan is a means to meet vehicle parking requirements other than providing parking spaces on site in accordance with Code requirements. Applicants seeking to meet the requirements of this section by alternative means shall be required to secure approval of an alternative parking plan by the technical review committee (TRC).

(1)

Contents: Alternative parking plans shall be submitted in a form and with such documentation as established by the community development director. At a minimum, such plans shall include the parking alternative and rationale for how the alternative will compensate for the provision of the required parking on site.

(2)

Eligible alternatives: Potential alternatives to be considered include, but are not limited to:

Shared parking: Shared parking is encouraged to promote efficient use of land and resources by allowing users to share off-street parking facilities for uses that are located near one another and that have different peak parking demands or different operating hours. Shared parking shall be subject to the following standards:

a.

Location. Shared off-street parking spaces shall be located no further than 600 feet from the buildings and uses they are intended to serve.

b.

Shared parking agreement. A shared parking plan shall require an application for shared parking and submission of a shared parking agreement, acceptable to the community development director and city attorney, which shall include an agreement by the owners(s) of record of the parking area and of the applicant. The owner who has applied for shared parking shall be responsible for recording the shared parking agreement in the county's official records and providing copies of the recorded agreement to the city prior to the issuance of site plan approval. The agreement shall specify that the shared spaces are not leased for a use that operates during the same time frame and would create a conflict. The agreement shall specify the time frame, number, and location of spaces to be shared.

c.

Site plan. A site plan shall be submitted to indicate the spaces that are to be shared, the location and access to the properties to be served, the number of spaces, and the projected time of use of the properties which are sharing the spaces.

d.

Changes in uses or other conditions. Once established, in order to maintain compliance with a shared parking agreement, the owner shall take one of the following actions to address any change in the uses identified in the agreement which would cause an increase in parking demand or to address a finding of any other related change in conditions by the community development director:

1.

Submit a new shared parking plan agreement approved by the community development director with an application to officially amend the shared parking plan approval for the property.

2.

Provide the required number of parking spaces for each use to negate the need for shared parking and submit an application to officially amend the site plan approval accordingly.

3.

Revise the existing shared parking agreement addressing the changes.

Until such action is taken a certificate of zoning compliance shall not be approved for any proposed use on the property subject to the shared parking agreement which generates a parking demand, as determined by the town's parking requirements, which exceeds that of the previous use identified in the shared parking agreement.

(3)

Credit for on-street parking spaces. On-street parking spaces may be used to satisfy 50 percent of the requirements for off-street parking. Such on-street parking may be located in the public right-of-way and shall be located within 1,000 feet of the use. All such spaces must meet size and delineation requirements.

(4)

Bicycle parking. The TRC may approve a reduction in the number of required off-street parking spaces for developments or uses that provide bicycle parking or that make special provisions to accommodate bicyclists.

a.

Bicycle parking shall be located and clearly designated in a safe and convenient location, at least as convenient as the majority of auto spaces provided.

b.

Facilities shall be designed to accommodate U-shaped locking devices and shall support bicycles in a stable position without damage to wheels, frame or other components and shall be securely anchored and of sufficient strength to resist vandalism and theft.

(b)

Parking lot landscaping. The following shall apply:

(1)

A landscaped area shall have a minimum width of two feet, excluding curbs, retaining walls or similar enclosing structures.

(2)

All front yard perimeter landscaping shall include concrete, masonry or metal barriers to contain and/or protect landscaping materials.

(Ord. No. 2022-10, § 1, 10-17-2022)

All areas not improved for parking, or occupied by a structure, or paved walkway, shall be landscaped in accordance with the landscaping requirements as follows:

(1)

Quality. Plant materials used in conformance with the provisions of this article shall conform to the standard for Florida No. 1 or better, as given in Grades and Standards for Nursery Plants, part I, 1963, and part II, published by the state department of agriculture, or equal.

(2)

Trees. Tree species shall have a minimum of five feet of clear trunk immediately after planting. Trees of species whose roots are known to cause damage to public roadways or other public works shall be prohibited.

(3)

Shrubs and hedges. Shrubs and hedges shall be a minimum of two feet in height when measured immediately after planting. Hedges, where required, shall be planted and maintained so as to form a continuous unbroken solid visual screen within one year after time of planting. At intersections and driveways, shrubs cannot be more than 24 inches high at maturity and any tree, in the visibility triangle, must have at least seven feet of clear trunk immediately after planting.

(4)

Vines. Vines shall be a minimum of 30 inches in height immediately after planting and may be used in conjunction with fences, screens or walls to meet physical barrier requirements as specified.

(5)

Ground covers. Ground covers in lieu of grass, in whole or in part, shall be planted in such a manner as to present a finished appearance and reasonably complete coverage and shall be used with a decorative mulch, such as pine or cypress bark or other material of a similar nature. In no instance shall stone or gravel be utilized for more than 20 percent of the ground cover area.

(6)

Plan approval. All new construction, prior to the issuance of a building permit, must have a landscape plan approved by the TRC. The landscape plan shall be drawn to a scale not less than one inch equals 20 feet and shall include all pertinent dimensions, walls, parking spaces, and vehicular use areas, buildings and accessory structures, pools, ponds and waterways, hydrants and irrigation systems, landscape materials, including types and location of planting protective devices, and a stormwater management plan with calculations.

(7)

Installation. All landscaping shall be installed in accordance with the landscape plan prior to issuance of a certificate of occupancy. All landscaping shall be installed in accordance with accepted landscape practices.

(8)

Maintenance. The owner and tenant, if any, shall be jointly and severally responsible for the maintenance of all landscaping, and landscaped areas shall be so maintained as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. If trees, shrubs, or other landscape material should die, such materials must be replaced within 30 days.

(9)

Preservation of existing plant material. Where healthy plant material exists on a site prior to its development, an applicant will be encouraged to retain such landscaping where possible.

(10)

Landscaped areas. 50 percent of all lot lines fronting a public street shall be landscaped.

(11)

Other materials. Required landscaped areas shall be adequately landscaped with shrubs, grass, ground cover, or other approved landscape treatment. The TRC may approve alternative landscaping plans that include container plantings.

(12)

Areas abutting an interior property line. On any parcel providing an off-street parking area or other vehicular use area, storage area, outdoor dining area, or loading area there shall be provided landscaping between such area and the property line as follows:

Areas abutting to residential zoning: Where such area abuts property zoned for residential for that portion not entirely screened visually by an intervening structure or conforming buffer on the subject property, there shall be provided a landscaped buffer.

(Ord. No. 2022-10, § 1, 10-17-2022)

Fences, walls and hedges shall be constructed and maintained in accordance with section 110-524 Fences, walls and hedges with the following exceptions:

(1)

Chain link fences and other wire fences are prohibited in front yard of lots in the US 27 Commercial Corridor District. Other fencing subject to TRC approval.

(2)

Barbed wire and razor wire are prohibited.

(Ord. No. 2022-10, § 1, 10-17-2022)

Except as expressly permitted by this section, no material, refuse, machinery, merchandise, or vehicles shall be stored outside of any enclosed structure within this district. This requirement shall not apply to the following:

(1)

Placement, storage, or keeping of construction equipment, tools, supplies, material, pallets, and all other material related to new construction, provided that all required permits have been obtained for that construction, and that all materials and products shall be removed from the premises promptly upon completion of that construction.

(2)

Motorized vehicles, boats or recreational vehicles for sale by an authorized dealer provided such outdoor storage is solely for display of vehicles immediately available for sale or lease.

(3)

Other outside storage uses as expressly permitted under a final site plan approval by the TRC.

(Ord. No. 2022-10, § 1, 10-17-2022)

Accessory structures located within the US 27 Commercial Corridor District must comply with the following regulations.

(1)

All accessory uses shall not exceed 30 percent of the gross floor area of the principal use. An accessory use shall be located on the same lot as the principal use, except for off-site parking, as approved by a valid development order.

(2)

Maximum height shall not exceed the principle structure or 20 feet in height.

(3)

Accessory structures shall not be used as living quarters.

(4)

Shall not be located on street side or front yard of parcel.

(5)

Exterior of structure shall match the principal building aesthetically.

(Ord. No. 2022-10, § 1, 10-17-2022)