Provisions set forth in this section apply to all areas subject to these land development regulations, and all zoning districts therein, unless exceptions are specifically provided relating to one or more zoning districts, or except as otherwise provided in these land development regulations.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.1)), 9-24-1990)

The public interest, welfare, and safety requires that buildings and uses erected after the effective date of these land development regulations shall be accessible to the physically disabled and handicapped.

4.16.2.1

Application. The requirements of section 4.18 shall apply to all levels and areas of buildings and uses, and to all types of uses, with the exceptions that one family and two family (duplex) dwellings are exempted from these requirements.

4.16.2.2

Requirements for access to buildings and uses.

1.

Accessibility to buildings and uses shall be provided from rights-of-way and parking areas by means of a pathway leading to at least one entrance generally used by the public. Such pathway shall have been cleared of all obstructions related to construction activity, prior to the opening of the building to the general public. Where curbs exist along such pathway, as between a parking lot surface and a sidewalk surface, inclined curb approaches or curb cuts having a gradient of not more than one foot in 12 feet and a width of not less than four feet shall be provided for access by wheelchairs.

2.

Except as otherwise specified herein, required off-street parking areas shall have off-street parking space reserved for the physically handicapped. (see section 4.16.17.5, off-street parking: handicapped parking spaces, for the number, dimensions, and other requirements for handicapped parking spaces).

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.2)), 9-24-1990)

In order to provide ease and convenience in ingress and egress to private property, but more importantly to provide the maximum safety with the least interference to the traffic flow on public streets, the number and location of curb breaks shall be regulated relative to the intensity or size of the property served and the amount of frontage which that property has on a given street. Further, for roadways which are part of the State of Florida highway system the number and location of curb breaks shall be in conformance with Chapters 14-96 and 14-97, Rules of the Florida Department of Transportation and the Departments Access Management Manual.

4.16.3.1

Number and location of curb breaks. A curb break is a driveway or any other point of access or opening for vehicles onto a public street. The number and location of curb breaks shall be regulated as follows:

1.

One curb break shall be permitted for ingress and egress purposes to a single property or development.

2.

Two curb breaks entering on a particular street from a single property or development may be permitted if all other requirements of this section are met and if the minimum distance between the two curb breaks equals or exceeds 20 feet.

3.

Three curb breaks entering on a particular street from a single property or development may be permitted if all other requirements of this section are met and if the minimum distance between adjacent curb breaks equals or exceeds 100 feet.

4.

In general, not more than three curb breaks entering on a particular street will be permitted from a single property or development. But, in extensive property development (property exceeding ten acres in total land area and/or containing more than 1,000 parking spaces), additional curb breaks may be permitted, provided all other requirements of this section are met and the minimum distance between adjacent curb breaks equals or exceeds 300 feet.

4.16.3.2

Width of curb break.

1.

The width of a curb break shall be within the minimum and maximum limits as specified below:

2.

All curb break widths shall be measured at the street right-of-way line.

3.

In no case shall a curb break width be less than 12 feet.

4.16.3.3

Areas of limited street improvements.

1.

No curb break shall be constructed in the radius return (curved arc between intersecting street pavements) of an intersection.

2.

No curb break shall be constructed nearer than ten feet from the intersection of street right-of-way lines.

3.

No curb break shall be constructed nearer than five feet from any interior property line.

4.

To prevent vehicle overhang on private property in the vicinity of curb breaks, off-street parking areas, and off-street loading areas, a six-inch raised curb and/or parking stops shall be constructed a minimum distance of three feet inside the street right-of-way line or property line.

5.

No curb break shall be permitted to include any public facility such as traffic signal standards, catch basins, fire hydrants, utility poles, fire alarm supports, or other similar type structures.

4.16.3.4

Curb break permit. No curb break shall be established or altered without a permit issued by the land development regulation administrator, and in addition, for roads within the state highway system, the Florida Department of Transportation.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.3)), 9-24-1990)

Unless otherwise provided in these land development regulations, in all districts accessory uses and structures shall not be located in required front, side, or waterfront yards but may be located in rear yards not less than ten feet from the rear lot line; provided, however:

(1)

That accessory structures for the housing of persons, such as guest houses, shall not be located in any required yard, nor shall air conditioner compressor units be located in any required yard; and

(2)

Structures used for water related activities such as boat docks, boat houses, and similar uses may be located anywhere in a required waterfront yard. No separate accessory building shall be located within five feet of any building.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.4)), 9-24-1990)

A.

It shall be unlawful for any person to maintain or establish a structure or otherwise utilize real property located within the corporate boundaries of Cross City, Florida, wherein alcoholic beverages are sold for consumption on premises or where members of the public are permitted to consume alcoholic beverages in conjunction with any commercial endeavor conducted in said structure when said structure is within 300 feet of an existing church or school structure.

B.

Nothing herein shall prohibit any owner or renter of a structure from continuing to maintain and operate the same if the said structure was being utilized for the purpose of sale or consumption of alcoholic beverages upon the premises in conjunction with a commercial endeavor on the effective date of this ordinance [the ordinance from which this article was derived]. The burden shall be upon the owner or renter of said premises to prove that he was maintaining and using said premises for such purpose upon the effective date of this ordinance [the ordinance from which this article was derived].

D.

Sections 2.3.2, 2.3.3, 2.3.4, 2.3.5, 2.3.6, and 2.3.7 regarding nonconforming land uses of land shall be applicable to any business covered by this section.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.5)), 9-24-1990; Ord. No. 311, § 3, 11-27-2006)

The following regulations shall apply to the location, design, construction, operation, and maintenance of automotive service stations.

4.16.6.1

Lot dimensions and area. An automotive service station lot shall be of adequate width and depth to meet all setback requirements, but in no case shall a corner lot have less than 150 feet of frontage on each street side, and an interior lot shall have a minimum width of at least 150 feet. A corner lot shall have a minimum area of not less than 20,000 square feet and an interior lot a minimum area of not less than 15,000 square feet.

4.16.6.2

Lighting. All lights and lighting for an automotive service station shall be so designed and arranged that no source of light shall be visible from any residential district.

4.16.6.3

Location of pumps and structures. No main or accessory building, no sign of any type, and no gasoline pump shall be located within 25 feet of the lot line of any property that is zoned for residential purposes. No gasoline pump shall be located within 15 feet of any street right-of-way line; where a greater street setback line has been established, no gasoline pump shall be located within 15 feet of such setback line.

4.16.6.4

Curb breaks. A curb break is a driveway or any other point of access or opening for vehicles onto a public street. The number of curb breaks for each automotive service station shall not exceed two for each 150 feet of street frontage, each break having a width of no more than 30 feet exclusive of transitions and located not closer than 15 feet of right-of-way lines of any intersection. Curb breaks shall not be closer than 15 feet to any other property line. There shall be a minimum distance of 20 feet between curb breaks.

4.16.6.5

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

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.6)), 9-24-1990; Ord. No. 311, § 3, 11-27-2006)

The following regulations apply to the construction and operation of drive-in theaters:

1.

The screen must be so oriented that the picture is not visible from any existing or proposed major street.

2.

Not more than two exits shall be provided to each access highway but such exits may be suitably channelized to provide for right and left turns onto the highway, and not more than one traffic lane shall be permitted for each traffic lane on the highway available to vehicles leaving the theater.

3.

No entrance or exit shall be within 500 feet of the intersection of the right-of-way lines of any public street.

4.

Sufficient area shall be provided between the highway and the viewing area to provide storage space for vehicles equal to not less than 25 percent of theater capacity and of that storage space so provided not less than ten percent of the theater capacity shall be provided between the highway and the ticket booths. In all cases, sufficient storage space shall be provided so that vehicles will not back onto the traveled way of the highway. Storage area shall be calculated on the basis of one space per 25 linear feet of storage lane.

5.

An individual speaker shall be provided for each vehicle. All speakers shall be equipped with sufficient cord to permit the speaker to be placed inside the vehicle. Speakers must not be audible beyond the boundaries of the theater property lines.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.7)), 9-24-1990)

Whenever any land is subdivided, a building permit for the construction of a building or other principal structure (excluding commercial buildings under common ownership or unified control) shall not be issued for any such structure on less than a lot as platted within such subdivided land.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.8)), 9-24-1990)

Essential services are permissible by special exception in any zoning district. Essential services are hereby defined to include and be limited to water, sewer, gas, solid waste disposal, telephone, television, radio, and electrical systems, including sub-stations, lift stations, towers and antennas, and pumping, aeration, or treatment facilities necessary for the performance of these services; provided, however, that:

1.

Poles, wires, mains, hydrants, drains, pipes, conduits, telephone booths, school bus shelters, bicycle racks, bus stop benches, newspaper delivery boxes, mail boxes, police or fire call boxes, traffic signals, and other similar structures, but not including buildings, are exempted from the definition of essential services. Such structures are permitted by right in any zone district and are exempt from district setbacks.

2.

For the purposes of these land development regulations, gas and electrical generating plants and hazardous waste disposal sites shall not be considered to be essential services. These uses are barred from all zone districts except where they are specifically permitted or permissible.

3.

This section shall not be deemed to permit the erection of structures for (a) commercial activities such as sales or the collection of bills or (b) service establishments such as radio or television stations or studios in districts from which such activities would be otherwise barred.

Where permanent structures are involved in providing essential services, such structures shall conform insofar as possible to the character of the district in which the property is located, as to architecture and landscaping characteristics of adjoining properties.

The procedure in connection with the application and granting of special exceptions for essential services shall generally conform to that outlined in articles 12 and 13 of these land development regulations; provided, however, that the criteria for the granting of a special exception for essential services shall be limited to a showing of the need for such services in the requested location, that it is in the public interest that such special exception be granted, and in compliance with the other provisions heretofore set out in this section.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.9)), 9-24-1990)

The height limitations contained in the schedule of district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, elevator shaft enclosures, airport control towers, or other appurtenances usually required to be placed above the roof level and, excepting airport control towers, not intended for human occupancy; however, the heights of these structures or appurtenances thereto shall not exceed any height limitations prescribed by the Federal Aviation Agency or airport zoning regulations within the flight-approach zone of airports.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.10)), 9-24-1990)

Fallout shelters are permitted in all zoning districts. Individual structures in residential districts shall be considered as accessory structures.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.11)), 9-24-1990)

Notwithstanding other provisions of these land development regulations, fences, walls, and hedges may be permitted in any required yard or along the edge of any yard; provided that no solid fence, solid wall, or hedge located within the required front yard shall constitute an obstruction to visibility between 2½ and six feet above the centerline grade of the adjacent street.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.12)), 9-24-1990)

The use of properly planted and maintained buffer areas may reduce and ease potential incompatibility between or among different uses of land in proximity to each other.

4.16.13.1

Requirements. Where these land development regulations require a landscaped buffer area, the following requirements shall be met:

1.

The landscaped buffer area width shall be measured at right angles to property lines and shall be established along the entire length of and contiguous to the designated property line or lines.

2.

The area shall be so designed, planted, and maintained as to be 80 percent or more opaque between two and six feet above average ground level when viewed horizontally; provided, however, that plantings located in the required front yard shall not exceed 2½ feet in height.

3.

Types and numbers of plantings for landscaped buffers shall be submitted with application for building permit. No building permit shall be issued without such data, where these land development regulations require a landscaped buffer area or areas.

4.

Plantings shall be of a size and type which will ensure the meeting of the 80 percent opacity requirement within no longer than 30 months of the date of first planting. Where questions may arise as to the suitability of proposed plant materials to meet this requirement, final determination of suitability shall be made by the land development regulation administrator.

5.

The remainder of the required landscaped buffer area not covered by planting shall be landscaped with grass, ground cover, or other landscape treatment; except as otherwise provided herein, structures including buildings and off-street parking and loading areas shall not be located in any required landscaped buffer area.

6.

The landscaped buffer area shall be maintained by the property owner and continued so long as the main use continues. Failure to maintain the landscaped buffer area as set out above shall be a violation of these land development regulations.

4.16.13.2

Substitution for landscaped buffer area. Except when otherwise specifically provided by these land development regulations, a six-foot-high masonry or wood opaque structure may be substituted for the six-foot-high, planted buffer within these supplementary regulations; provided, however, that where the masonry or wood opaque structure is located in the required front yard, it shall not exceed 2½ feet in height.

4.16.13.4

Waiver by land development regulation administrator. When the land development regulation administrator finds that the public safety requires, he or she may waive or modify the buffer requirements set out in section 4.18 at street and alley frontages adjacent to any entrance; the finding of the land development regulation administrator shall be in writing and shall be filed with the approved building permit. The finding shall demonstrate that the buffer is not required for a certain number of feet back from the street or alley entrance in order to afford protection to pedestrian or vehicular traffic entering or leaving the lot on which the landscaped buffer area is required by these land development regulations.

4.16.13.5

Waiver by board of adjustment. Where by the terms of these land development regulations a non-residential use is required to provide a landscaped buffer along a property line which is contiguous to another non-residential use, the board of adjustment may waive the landscaped buffer requirements if evidence is presented to the board that the buffer will serve no useful purpose. Such evidence shall be heard in the same manner as a request for other variances, and adjoining property owners must be notified in writing of the board of adjustment meeting when the request will be heard.

4.16.13.6

Application where these land development regulations set out different requirements. In those instances where these land development regulations set out a different buffering requirement (e.g., greater height of landscaped buffer, or a different type of buffer), then the specific provisions of these land development regulations applicable to the particular type of use shall govern.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.13)), 9-24-1990)

No one family, two-family, or multiple family dwelling, shall be erected with less than 450 square feet of floor area devoted to living space per dwelling unit, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. The board of adjustment may waive the minimum living area requirements if evidence is presented to the board of adjustment that such a waiver will not adversely affect the public interest or the character of the surrounding neighborhood. Such evidence shall be heard in the same manner as other variances, and adjoining property owners must be notified in writing of the board of adjustment meeting when the request will be heard.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.14)), 9-24-1990)

For the purposes of these land development regulations, the phrase existing mobile homes shall mean mobile homes which existed as of the effective date of adoption or amendment of these land development regulations. In those districts which do not permit the erection of new mobile homes, but do permit existing mobile homes as a principal use, such existing mobile homes may be removed and replaced by another mobile home, provided:

1.

That a period of not greater than six consecutive months elapses between the removal of one mobile home and the erection of another mobile home; and

2.

Where a mobile home is removed and is not replaced for a period greater than six consecutive months for any reason (except where governmental action impedes access to the premises), such mobile home shall not be replaced and any subsequent use shall conform to the regulations for the district in which the use is located.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.15)), 9-24-1990)

No building or structure shall be moved from one lot to another lot, or moved to another location on the same lot, unless such building or structure shall thereafter conform to all of the applicable provisions of these land development regulations and to all other regulations and ordinances of the town.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.16)), 9-24-1990)

It is the intent of these land development regulations that the public interest, welfare, and safety requires that buildings and uses erected after the effective date of these land development regulations shall be provided with adequate off-street parking facilities (including, in certain specified cases, off-street parking facilities for the handicapped) for the use of occupants, employees, visitors, customers, or patrons. It is also the intent of these land development regulations that the public interest, welfare, and safety require that certain uses provide adequate off-street loading facilities. Such off-street parking and off-street loading facilities shall be maintained and continued so long as the main use continues. (For definitions of "loading space, off-street," "parking space, handicapped," and "parking space, off-street," see definitions, sections 2.1.114, 2.1.148 and 2.1.149)

4.16.17.1

Off-street parking and off-street loading: general.

1.

Off-street parking and loading facilities shall be provided as set out in these land development regulations. Conforming buildings and uses existing as of the effective date of these land development regulations may be modernized, altered, or repaired without providing additional off-street parking or off-street loading facilities, providing there is no increase in floor area or capacity.

2.

Where a conforming building or use existed as of the effective date of these land development regulations and such building or use is enlarged in floor area, volume, capacity, or space occupied, off-street parking and off-street loading as specified in these land development regulations shall be provided for the additional floor area, volume, capacity, or space so created or used.

3.

Change in use of a building or use existing as of the effective date of these land development regulations shall require additional off-street parking and off-street loading facilities to the extent that the use shall provide additional parking spaces amounting to the difference between the required number of parking spaces for the new use and the required number of parking spaces for the previous use.

4.

The design, construction, and arrangement regulations herein set out for off-street parking and off-street loading facilities do not apply to one and two family (duplex) dwellings.

5.

Required off-street parking areas shall not be used for sales or display, dead storage, repair, dismantling, or servicing of any type or kind, nor shall areas devoted to such activities count as meeting off-street parking requirements.

6.

Unless otherwise specified and subject to meeting required landscaped buffer requirements, all required yards may be used for off-street parking.

4.16.17.2

Off-street parking and off-street loading facilities: identification, surfacing, drainage, lighting, access. The required off-street parking and off-street loading facilities shall be:

1.

Identified as to purpose and location when not clearly evident.

2.

Surfaced with one inch of Type II asphaltic concrete surface course or the equivalent as approved as meeting standards established by the town council and maintained in a smooth, well-graded condition (driveways, access aisles, and parking spaces for public and private schools offering academic courses may be surfaced with grass or lawn).

3.

Drained so as not to cause any nuisance on adjacent property.

4.

So lighted as to prevent glare or excessive light on adjacent property.

5.

Arranged for convenient access and safety of pedestrians and vehicles.

6.

Designed to conform to curb break requirements (see section 4.16.3).

7.

So arranged that no vehicle shall be required to back from such facilities directly onto public streets.

8.

Designed to provide curbs or motor vehicle stops or similar devices so as to prevent vehicles from overhanging on or into public right-of-way or adjacent property.

4.16.17.3

Off-street parking: location. The required off-street parking facilities shall be located on the same lot or parcel of land they are intended to serve, provided, however, that the board of adjustment may allow the establishment of such off-street parking facilities within 300 feet of the premises they are intended to serve when:

(1)

Practical difficulties prevent the placing of the facilities on the same lot as the premises they are designed to serve;

(2)

The owner of the said parking area shall enter into a written agreement with the town council with enforcement running to the town council providing that the land comprising the parking area shall never be disposed of except in conjunction with the sale of the building which the parking area serves so long as the facilities are required; and

(3)

The owner agrees to bear the expense of recording the agreement and agrees that the agreement shall be voided by the town council if other off-street facilities are provided in accord with these land development regulations.

4.16.17.4

Off-street parking: dimensional standards. Each off-street parking space, with the exception of handicapped parking spaces, shall be a minimum of ten feet by 20 feet in size. Minimum aisle width shall be as follows:

For purposes of rough computation, an off-street parking space and necessary access and maneuvering room may be estimated at 300 square feet, but off-street parking requirements will be considered to be met only where actual spaces meeting the requirements above are provided and maintained, improved in the manner required by these land development regulations, and in accordance with all ordinances and regulations of the town council.

4.16.17.5

Off-street parking: handicapped parking spaces. Except as otherwise specified herein, required off-street parking areas shall have a number of level parking spaces, as set forth in the following table, identified by above-grade signs as being reserved for physically handicapped persons. Each parking space so reserved shall be not less than 12 feet in width and 20 feet in length.

Parking spaces for the physically handicapped shall be located as close as possible to elevators, ramps, walkways, and entrances. These parking spaces should be located so that physically handicapped persons are not compelled to wheel or walk behind parked cars to reach entrances, ramps, walkways, and elevators. (See section 4.16.2 for additional provisions regarding accessibility for physically handicapped persons.)

4.16.17.6

Off-street parking: plans required. A plan shall be submitted with every application for a building permit for any building or use that is required to provide off-street parking. The plan shall accurately designate the required parking spaces, access aisles, and driveways, and the relation of the off-street parking facilities to the uses or structures such facilities are designed to serve.

4.16.17.7

Off-street parking: combined off-street parking. Two or more owners or operators of buildings or uses requiring off-street parking facilities may make collective provision for such facilities, provided that the total of such parking spaces when combined or used together shall not be less than the sum of the requirements computed separately. Any arrangement for combined off-street parking shall be subject to the filing of a legal instrument satisfactory to the town attorney ensuring that such off-street parking will be maintained in the future so long as a use or uses requiring such off-street parking continue. No part of an off-street parking area required for any building or use shall be included as a part of an off-street parking area similarly required for another building or use unless the board of adjustment shall find that the type of use indicates that the period of usage will not overlap or be concurrent with each other.

4.16.17.8

Off-street parking: fractional measurements. When units or measurements determining number of required off-street parking spaces result in requirement of a fractional space, then such fraction equal or greater than one half shall require a full off-street parking space.

4.16.17.9

Off-street parking: minimum requirement. Irrespective of any other requirement of these land development regulations, each and every separate individual store, office, or other business shall be provided with at least one off-street parking space, unless specific provision to the contrary is made herein.

4.16.17.10

Off-street parking: landscaping requirements. Wherever in any zoning district off-street parking facilities are provided, such off-street parking facilities shall conform to the minimum landscaping requirements set forth in this section, except that one family and two family (duplex) residential dwellings and multi-level parking structures shall be exempt from such requirements.

1.

Except as otherwise noted herein, a minimum of ten percent of any off-street parking area shall be landscaped with grass, plants, shrubs, and/or trees. Required landscaping may, in part, be located around the periphery of the off-street parking area; however, where possible, a portion of the required landscaping shall also be located within the interior of the off-street parking area and shall be located in such a manner as to divide and break up the expanse of paving and guide traffic flow and direction.

2.

Each separate landscaped area shall contain a minimum of 50 square feet and shall have a minimum dimension of at least three feet, and shall include at least one tree, with the remaining area adequately landscaped with shrubs, ground cover, or other landscaping material.

3.

The total number of trees shall not be less than one for each 200 square feet or fraction thereof of required landscaping. Trees shall be a minimum of four feet overall height immediately after planting. Trees shall not be planted closer than six feet to any public street or other public works, unless the tree root system is completely contained within a barrier for which the minimum interior dimensions shall be five feet square and five feet deep, and for which the construction requirements shall be four-inch-thick concrete reinforced with #6 road mesh (6 x 6 x 6) or equivalent.

4.

Required landscaped areas shall be maintained by the property owner and continued so long as the main use continues. Failure to maintain required landscaped area shall be a violation of these land development regulations.

5.

See also section 4.16.3, visibility at intersections and curb breaks.

4.16.17.11

Off-street loading: specifications, amounts. Off-street loading facilities are required by these land development regulations so that vehicles engaged in unloading will not encroach on or interfere with public use of streets and alleys by pedestrians and so that goods, materials, or things for delivery and shipping. Off-street loading facilities supplied to meet the needs of one use may not be considered as meeting the needs of another use. Off-street parking facilities may not be used or counted as meeting off-street loading requirements. When the use of a structure or land or any part thereof is changed to a use requiring off-street loading facilities, the full amount of off-street loading space required shall be supplied and maintained. When any structure is enlarged or any use extended so that the size of the resulting occupancy requires off-street loading space, the full amount of such space shall be supplied and maintained for the structure or use in its enlarged or extended size. Each off-street loading space shall be directly accessible from a street or alley without crossing or entering any other required off-street loading space. Such loading space shall be arranged for convenient and safe ingress and egress by motor truck and/or trailer combination.

4.16.17.12

Off-street loading: dimensional standards. Each off-street loading space shall have clear horizontal dimensions of 12 feet by 30 feet exclusive of platforms and piers and a clear vertical dimension of 14 feet.

4.16.17.13

Off-street loading: plans required. A plan shall be submitted with every application for a building permit for any use or structure required to provide off-street loading facilities. The plan shall accurately designate the required off-street loading spaces, access thereto, dimensions, and clearance.

4.16.17.14

Off-street loading: combined off-street loading. Collective, joint, or combined provisions for off-street loading facilities for two or more buildings or uses may be made, provided that such off-street loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are designed, located, and arranged to be usable thereby. Any arrangement for combined off-street loading shall be subject to the filing of a legal instrument satisfactory to the town attorney for ensuring that such off-street loading will be maintained in the future so long as a use or uses requiring such off-street loading continue.

4.16.17.15

Off-street loading requirements. Off-street loading spaces shall be provided and maintained as follows:

1.

Each retail commercial store, service establishment, storage warehouse, wholesale establishment, research or industrial plant, factory, freight terminal, restaurant, dry cleaning and laundry package plant, funeral home, or similar use which has an aggregate floor area of:

Plus one additional off-street loading space for each additional 90,000 square feet over 290,000 square feet or major fraction thereof.

2.

For each multiple dwelling unit having at least 20 dwelling units but not over 50 dwelling units: two spaces. For each multiple dwelling unit having over 50 dwelling units: two spaces, plus two spaces for each additional 50 dwelling units, or major fraction thereof.

3.

For each auditorium, convention hall, exhibition hall, museum, motel, hotel, bank or financial institution, office building, sports arena, stadium, hospital, or similar use which has an aggregate floor area of over 10,000 square feet but not over 40,000 square feet: one space; plus for each additional 60,000 square feet over 40,000 square feet or major fraction thereof: one space.

4.

For any use not specifically mentioned, the requirements for off-street loading facilities for a use which is so mentioned and to which the unmentioned use is similar shall apply.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.17)), 9-24-1990)

Major recreational equipment is hereby defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, houseboats, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a lot in a residential district, or in any other location not approved for such use. In residential districts, major recreational equipment may be parked or stored in a rear or side yard, but not in a required front yard; provided however, that such equipment may be parked anywhere on residential premises for a period not to exceed 24 hours during loading and unloading.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.18)), 9-24-1990)

In residential districts, automotive vehicles or trailers of any type without current license plates shall not be parked or stored other than in completely enclosed buildings.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.19)), 9-24-1990)

All uses and activities permitted in any district within these land development regulations shall conform to the standards of performance described below:

4.16.20.1

Fire and explosion hazards. In any zoning district, all uses shall comply with applicable standards set forth in the rules and regulations of the State Fire Marshal.

4.16.20.2

Smoke, dust, dirt, visible emissions, and open burning. Regulations controlling smoke, dust, dirt, or visible emissions shall be the same as those contained in Chapter 17-2, Florida Administrative Code, as amended. Regulations controlling open burning shall be the same as those contained in Chapter 17-5, Florida Administrative Code, as amended.

4.16.20.3

Fumes, vapors, and gases. Regulations controlling the emission of any fumes, vapors, or gases of a noxious, toxic, or corrosive nature shall be the same as those contained in Chapter 17-2, Florida Administrative Code, as amended.

4.16.20.4

Heat, cold, dampness, or movement of air. Activities which may produce any adverse effect on the temperature, motion, or humidity of the atmosphere beyond the lot line shall not be permitted, with the exception that in the I-Industrial district, this standard shall be applied at the boundaries of the I district and not at the lot lines of the individual properties located within the I district.

4.16.20.5

Noise. The permitted level of noise or sound emission at the property line of the lot on which the principal use is located shall not at any time exceed the average noise level prevailing for the same hour, as generated by street and traffic activity, with the exception that in the I-Industrial district, this standard shall be applied at the boundaries of the I district and not at the lot lines of the individual properties located within the I district. The determination of noise level shall be measured with a sound level meter that conforms to specifications published by the American Standards Association.

4.16.20.6

Odor. Regulations controlling the emission of objectionable odorous gases or other odorous matter, except those associated with normal agricultural practices, shall be the same as those contained in Chapter 17-2, Florida Administrative Code, as amended.

4.16.20.7

Glare. There shall be no direct glare visible from any residential district caused by unshielded floodlights or other sources of high intensity lighting.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.20)), 9-24-1990)

Existing railroad right-of-way, but not including switching, freight, or storage yards and railroad buildings or maintenance structures, is a permitted use in all zone districts. Switching, freight, or storage yards and railroad buildings or maintenance structures are permitted only where expressly allowed by these land development regulations.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.21)), 9-24-1990)

The provisions of these land development regulations shall govern the sizes, location, and character of signs which may be permitted as a principal or accessory use. No signs shall be permitted in any location except in conformity with these land development regulations.

4.16.22.1

Intent. Signs may unreasonably distract the attention of motorists and interfere with traffic safety. Indiscriminate erection and maintenance of signs seriously detract from the enjoyment and pleasure in the natural scenic beauty of the areas subject to these land development regulations and, in turn, injuriously affects the economic well-being of the citizenry. Thus, it is the intent of these regulations to prevent the uncontrolled erection of signs. The provisions of this section are intended to provide for the regulation of types, sizes, and locations of signs in relation to the identification of various uses and activities on premises, to provide for certain types and locations of off-site signs, and to supplement the regulations set out in the schedule of district regulations.

4.16.22.2

Applicability of other code or regulatory requirements. Signs or other advertising structures shall be constructed and maintained in accordance with the building and electrical codes of the town, and all other applicable ordinances and regulations of the town, as well as other, state and federal rules and regulations.

4.16.22.3

Definitions. Definitions for the purposes of sign regulation under these land development regulations are set out in the definitions section of these land development regulations under sign, etc., section 2.1.

4.16.22.4

Prohibited signs. It shall be a violation of these land development regulations punishable as provided by these land development regulations, to erect or maintain:

1.

Traffic or pedestrian hazard. Any sign which constitutes a traffic hazard or a detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or by obstructing the vision of drivers, or by obstructing or detracting from the visibility of any official traffic control device by diverting or tending to divert the attention of moving vehicles from the traffic movement on streets, roads, or access facilities; nor shall any sign be erected in such a manner as to obstruct the vision of pedestrians. The use of flashing or revolving red, green, blue, or amber lights is prohibited in any sign as constituting a hazard to traffic. Any sign which by glare or method of illumination constitutes a hazard to traffic is prohibited. No sign may use the words "Stop," "Look," "Drive-in," "Danger," or any other word, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse traffic.

2.

Obscenities. Signs which are obscene, indecent, or immoral.

3.

Rights-of-way. Signs erected on the right-of-way of any street, road, or public way, except as specifically provided by these land development regulations.

4.

Public property. Signs erected on public property, other than signs erected by a public authority for public purposes, unless otherwise authorized by these land development regulations.

5.

Ingress or egress to buildings. Signs so located as to prevent free ingress or egress from any door, window, or fire escape.

6.

Yard areas. Signs in required yard areas except as specifically permitted by the terms of these land development regulations.

7.

Roof signs. Signs erected, constructed, and maintained wholly upon or over the roof structure.

8.

Height. On-site signs which are higher than 30 feet and off-site signs which are higher than 18 feet from established grade.

9.

Glare. Illuminated signs which result in glare or reflection of light on residential property in the surrounding area.

10.

Minimum clearance. Canopy, marquee, projecting, or handing signs with less than a nine feet minimum clearance between the bottom of the sign and the ground surface.

4.16.22.5

Sign permits. Within areas subject to these land development regulations, it shall be unlawful for any person to erect, maintain, or replace any sign not specifically exempted by these land development regulations, without first securing from the land development regulation administrator a building permit to do so.

4.16.22.6

Exemptions. Except as otherwise provided, the following signs may be erected without a permit, subject, however, to all remaining requirements of these land development regulations. All exempt signs may be located within the required front yard, but shall not be located within 20 feet of any adjacent property line. Signs under (3) below may be located on or may overhang or infringe upon the right-of-way of streets, roads, or public ways.

1.

Signs not exceeding one square feet in area and bearing only property numbers, mail box numbers, names of occupants of premises, or other identification of premises not having commercial connotations.

2.

Flags and insignia of any government except when displayed in connection with commercial promotion.

3.

Traffic or other municipal, county, state, or federal signs, legal notices, railroad crossing signs, danger signs, and such temporary, emergency, or non-advertising signs as may be approved by the town council.

4.

Integral decorative or architectural features of buildings except letters, trademarks, moving parts, or moving lights.

5.

Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

6.

Signs within buildings.

7.

One "For Sale" or "For Rent" sign per parcel of property, unless such property fronts on more than one street, in which case two signs may be erected, one on each frontage. The size of any such sign shall not be in excess of eight square feet, and such sign shall be removed within one month after the premises have been sold or rented.

8.

Occupational signs denoting only the name, street number, and business of an occupant, which do not exceed two square feet in surface area.

4.16.22.7

On-site signs. Unless otherwise specified in these land development regulations, the following regulations shall govern on-site signs (see section 2.1 for definition of on-site signs):

1.

On-site signs may be erected in any zone district.

2.

On-site signs may be located in the required front yard; provided, however that any such sign shall not obstruct visibility at intersections and curb breaks (see section 4.16.26).

3.

On-site signs shall not exceed a height above established grade of 30 feet.

4.16.22.8

Off-site signs. Unless otherwise specified in these land development regulations, the following regulations shall govern off-site signs (see section 2.1 for definition of off-site signs):

1.

Off-site signs are prohibited, except where specifically permitted by these land development regulations.

2.

Off-site signs may be erected in the required front yard, provided:

a.

Off-site signs shall be no nearer the street right-of-way line than 15 feet.

b.

No off-site sign shall be erected so as to obstruct visibility at intersections and curb breaks (see section 4.16.26).

3.

Off-site signs may not be erected within 100 feet of any church, school, cemetery, public park, public reservation, public playground, state or national forest, or railroad intersection.

4.

Off-site signs shall not exceed a height above established grade of 18 feet.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.22)), 9-24-1990; Ord. No. 271, § 1, 10-28-1996)

It is the intent of these requirements to ease the frictions between residential and non-residential uses by creating a transition zone in which certain intensive non-residential uses are prohibited. Where a commercial or industrial district adjoins a residential district, along the same frontage and without an intervening street, the following uses shall not be located within 100 feet of the residential district:

1.

Drive-in restaurants or refreshment stands.

2.

Bars, taverns, and cocktail lounges.

3.

Car washes.

4.

Outdoor storage yards, wrecking yards, automobile wrecking yards, junk yards, yards used in whole or in part for scrap or salvage operations, or for processing, storage, display, or sales of any scrap, salvage, or second-hand building materials, junk automotive vehicles, or second-hand automotive parts.

5.

Bulk storage of flammable liquids or explosives.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.23)), 9-24-1990)

The following regulations apply to the construction and operation of travel trailer parks and campgrounds.

1.

Sites in travel trailer parks and campgrounds shall be occupied primarily by travel trailers, pickup coaches, tents, camping trailers, and other vehicular accommodations.

2.

Each site in a travel trailer park or campground shall be at least 1,200 square feet in area. No part of a travel trailer or other unit placed on a travel trailer or campground site shall be closer than 25 feet to any lot line.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.24)), 9-24-1990)

No land in a residential or residential/office district shall be used for driveway, walkway, or access purposes to any land which is in a commercial or industrial district, or used for any purpose not permitted in a residential district except for ingress and egress to an existing use which does not abut on a street.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.25)), 9-24-1990)

4.16.26.1

Visibility at intersections. On a corner lot in all zoning districts, no fence, wall, hedge, landscaping, or structure shall be erected, placed, planted, or allowed to grow in such a manner as to obstruct vision between a height of 2½ feet and six 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 said street lines 25 feet from the point of intersection.

4.16.26.2

Visibility at curb breaks. In all zone districts, where a curb break intersects a public right-of-way, no fence, wall, hedge, landscaping, or structure shall be erected, placed, planted, or allowed to grow in such a manner as to obstruct cross-visibility between a height of 2½ and six feet within the areas of property on both sides of the curb break formed by the intersection of each side of the curb break and public right-of-way lines with two sides of each triangle being ten feet in length from the point of intersection and the third being a line connecting the end of the two other sides.

4.16.26.3

Retaining walls. The requirements of this section shall not be deemed to prohibit any necessary retaining wall.

4.16.26.4

Trees. Trees shall be permitted in the clear space provided that foliage is cut away within the prescribed heights.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.26)), 9-24-1990)

No structure shall be located closer than 50 feet to the mean high water line (see section 4.16.4 for exceptions for certain accessory structures).

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.27)), 9-24-1990)

Every part of every required yard shall be open and unobstructed from the ground to the sky except as hereinafter provided or as otherwise permitted in these land development regulations:

1.

Sills and belt courses may project not over 12 inches into a required yard.

2.

Movable awnings may project not over three feet into a required yard, provided that where the yard is less than five feet in width the projection shall not exceed one-half the width of the yard.

3.

Chimneys, fireplaces, bay windows, or pilasters may project not over two feet into a required yard.

4.

Fire escapes, stairways, and balconies which are unroofed and unenclosed may project not over five feet into a required rear yard, or not over three feet into a required side yard of a multiple dwelling, hotel, or motel.

5.

Hoods, canopies, roof overhangs, or marquees may project not over three feet into a required yard, but shall not come closer than one foot to the lot line.

6.

Fences, walls, and hedges are permitted in required yards, subject to the provisions of this section.

7.

Cornices, eaves, or gutters may project not over three feet into a required yard, provided that where the required yard is less than six feet in width, such projection shall not exceed one-half of the width of the yard.

8.

Except as provided herein, nothing in these land development regulations shall be so construed as to prohibit any type of landscaping or private, non-profit, gardening on any lot.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.28)), 9-24-1990)

1. Use restrictions. Notwithstanding any other provisions of these land development regulations, no use may be made of land or water adjacent to any airport which will interfere with the operation of an airborne aircraft The following special requirements shall apply to each permitted use.

a.

All lights or illumination used in conjunction with street, parking, signs, or use of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from the airport or in vicinity thereof.

b.

No operations from any land use type shall produce smoke, glare, or other visual hazards within three statute miles of any usable runway of the airport.

c.

No operations from any land use type shall produce electronic interference with navigation signals or radio communication between the airport and aircraft.

d.

Use of land for residential uses, schools, hospitals, storage of explosive material, assemblage of large groups of people, or any other use that could produce a major catastrophe as a result of an aircraft crash, shall be prohibited within five-thousand (5,000) feet of the approach or departure end of a runway.

e.

No structure exceeding 150 feet in height above the established airport elevation shall be permitted within 5,000 feet of the approach or departure end of a runway.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.29)), 9-24-1990)

4.16.30.1

For all new arterial and collector roadways extra right-of-way, as provided within the Florida Department of Transportation Bicycle Facilities Planning and Design Manual, Official Standards, Revised Edition, 1982, shall be provided for integrated or parallel bicycle ways or lanes.

4.16.30.2

All new structures shall provide a minimum setback of 150 feet as measured from the centerline of the right-of-way for new or realigned arterial roads.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.30)), 9-24-1990)

Bed and breakfast inns shall be approved by special exception as provided within these land development regulations in accordance with the following criteria:

1.

The owner must live on the premises;

2.

Separate toilet and bathing facilities for the exclusive use of guests must be provided;

3.

Rentals shall be on a daily basis. The maximum stay for an individual guest shall be 30 days in a 12-month period;

4.

No cooking facilities shall be allowed in guest rooms;

5.

Bed and breakfast establishments must comply with appropriate health permits, building and fire codes and business licenses as applicable to such use;

6.

Signage, excepting historical markers located by federal, state or county agencies, shall be limited to one sign, not exceeding six square feet in area, with characters not exceeding eight inches, non-illuminated (excepting flood lighting on each side of the sign);

7.

The maximum number of rooms for guests shall be as follows:

8.

In addition to the parking required for the residence, one parking space for each guestroom shall be provided as off-street parking;

9.

An accessory structure located on the same premises may be used as a residence for the owner for providing rooms for guests, but in no case shall the total number of rooms for guests allowed by this section exceed the maximum allowable number of rooms as provided for herein;

10.

Receptions or parties on the premises shall be allowed, subject to the following conditions:

(a)

All parking for guests of the reception or party shall be provided off- street, either on site or at a satellite off-street parking site; and

(b)

The requirements of the National Fire Prevention Association Code #101 shall govern the total number of guests allowed;

11.

The catering of food to guests on the premises shall be allowed;

12.

Breakfast, lunch and dinner food service for guests may be provided at a bed and breakfast inn. Meals may be provided for persons other than overnight guests of the bed and breakfast inn, provided that the total number of persons to be served does not exceed the total number allowed to be served as established by the Florida Hotel and Restaurant Commission and the Fire Marshall at the time a license for a bed and breakfast inn with a commercial kitchen is granted; and

13.

No structure shall be constructed for the sole purpose of being utilized as a bed and breakfast inn; no existing structure shall be enlarged or expanded for the purpose of providing additional rooms for guests. It is intended that a bed and breakfast inn be a converted or renovated single-family residence, and that this principal function be maintained. The exterior appearance of the structure shall not be altered from its single-family character.

(Ord. No. 234, § 3(art. 4, § 4.16(4.16.31)), 9-24-1990; Ord. No. 306, § 1, 4-24-2006)