Debary City Zoning Code

This article establishes additional standards for uses that are allowed by right or through special exception, as specified in Chapter 4 and Chapter 5. The uses shall meet all code requirements, unless specifically stated otherwise below.

Accessory buildings and structures are permitted ancillary to a principal structure and, unless specifically stated otherwise in this chapter, are subject to the following standards. Every part of every yard shall be open and unobstructed from the ground up, except as follows:

(a)

Accessory buildings and structures associated with a non-residential use shall meet all setback requirements for the principal building on the lot and shall not interfere with required landscaping.

(b)

Buildings and structures accessory to a residential use shall be located in accordance with the following:

(1)

Accessory structures shall not be located within any yard abutting a street. Accessory structures on all other yards (all yards not abutting a street) shall be located no less than five feet from the lot line. Accessory structures 600 square feet or greater require an increased building setback of 15 feet from the side and rear property lines.

(2)

On through lots/double-frontage lots the accessory structure shall meet the principal front setback if located in the rear yard.

(3)

For corner lots, an accessory structure may be constructed on one of the two front yards behind the building frontage of a dwelling unit and shall meet the front setback requirements of the principal structure. All other setback requirements shall be per subsection (b)(1).

(4)

Accessory structures must maintain architectural coherence to be consistent with surrounding area.

(5)

Detached garages shall have driveway access, count towards impervious coverage, and be connected to the principal driveway.

(6)

Shipping containers shall not be used as accessory structures.

(c)

No accessory structure shall exceed a height of 20 feet and cannot be taller than the principal structure.

(d)

The number and size of accessory structures, not inclusive of swimming pools, swimming pool enclosures, fences, or well houses, shall be based on the maximum lot coverage of the applicable zoning classification and the size of the lot as follows. This provision is not applicable to agricultural zoned properties.

(e)

Separation of accessory structures from principal structures shall be as required by the Building Code.

(f)

Principal and accessory structures, other than boat docks, boathouses and walkways, shall not be erected in platted easements.

(Ord. No. 01-99, § 1(301.2(803.00)), 11-3-1999)

Accessory dwelling units (ADU) shall conform to the following standards:

(a)

One ADU is permitted per lot or parcel where a single-family detached dwelling is a permitted principal use.

(b)

A single-family dwelling shall exist on the lot or shall be constructed in conjunction with the ADU.

(c)

The ADU may be attached to or detached from the principal dwelling.

(d)

The property owner shall occupy either the principal structure or the ADU. Prior to the issuance of a building permit for the construction of an ADU, the applicant shall record in the public records of Volusia County a declaration of restrictions containing a reference to the legal description of the property and the deed under which the property was conveyed to the present owner stating that:

(1)

The ADU shall not be sold or conveyed separately from the principal residence.

(2)

The declarations shall run with the land, shall be binding upon any successor in ownership of the property.

(3)

The deed restrictions shall only be removed with the express, written approval of the City, but shall lapse upon removal of the ADU.

(e)

The ADU shall meet the dimensional requirements of the principal structure for the zoning classification in which it is located.

(f)

The sum of the principal dwelling and the ADU shall meet the lot coverage regulations for the zoning classification in which they are located.

(g)

A minimum of one parking space shall be provided on-site for the ADU in addition to the off-street parking spaces required for the principal residence and shall connect to principal driveway if minimum distance requirements between driveways cannot be met.

(h)

A lot containing an ADU is required to provide off-street parking spaces as referenced in Sec. 7.8. These parking spaces must be stabilized and are in addition to the minimum off-street parking required for the principal dwelling. In addition, a lot with an ADU will not be entitled to parking exemptions which may otherwise be authorized by this Code.

(i)

The design of the ADU shall be compatible with the principal dwelling and surrounding neighborhood.

(j)

Regardless of the zoning classification in which it is located, the following shall apply to ADUs:

Floor Area Standards Based on Lot Size and ADU Type

The following regulations shall apply in all residential zoning classifications:

(a)

No boathouse extending into any waterway shall have more than 500 square feet area.

(b)

The highest point of such structure shall not exceed 15 feet above the ordinary high-water mark in non-tidal areas.

(c)

No more than one boathouse may be erected on an individual waterfront lot.

(d)

Boathouses shall not be used for dwelling purposes or contain any sleeping or living quarters.

(e)

Boathouses and boat docks may be located in waterfront yards but shall not be permitted within 15 feet of any side lot line, or its extension into the water.

(Ord. No. 01-99, § 1(301.2(802.00)), 11-3-1999)

Clothing donation drop boxes may be permitted in commercial and industrial zoning classifications as accessory structures subject to the following additional provisions.

(a)

A building permit is required to place a clothing donation drop box on a property.

(b)

Clothing donation drop boxes are not permitted as the sole use on a lot.

(c)

Setbacks for clothing donation drop boxes shall meet all setback requirements for the principal building on the lot.

(d)

Clothing donation drop boxes may not be located in any required buffer yard, landscaped open space including parking lot landscaping, required parking spaces, in the public right-of-way or in any location that could impede vehicular or pedestrian circulation, vision or access within a site.

(e)

Clothing donation drop boxes shall not exceed 8.5 ft. in height.

(f)

Clothing donation drop boxes must be structurally sound, clean and well-maintained. They should be emptied regularly to prevent overflow of materials onto surrounding areas. It is the property owner's responsibility for ensuring the upkeep of these boxes.

(Ord. No. 07-13, § 2(Exh. A), 8-7-2013 ; Ord. No. 06-14, § 2(Exh. A), 9-3-2014)

(a)

General provisions. A permit shall be obtained prior to erection of any wall or fence or repair or replacement of 50% or more of any wall or fence.

(Ord. No. 21-07, § 2, 9-5-2007)

(b)

Height and location.

(1)

Except to the extent specifically provided otherwise, fences, walls, and hedges shall be permitted in any required yard.

(2)

Wire fences, chain link fences and barbed wire fencing shall be prohibited between the front lot line and the front building line in all single-family districts, except within the RR, RA, A2, and A3 zoning classifications.

(3)

Any fence with barbed wire must be set back at least three feet from the right-of-way.

(4)

In residential classifications, hedges, walls, and fences shall not exceed four feet in height along and between the front lot line and the front building line and shall not exceed six feet in height elsewhere on the lot. Fences more than four feet in height shall be located at the building line (in-line with the building frontage) within the front yard. For corner lots, a 6-foot-high fence or wall may be constructed on one of the two front lot lines behind the building frontage of a dwelling unit.

(5)

Fences in industrial districts are permitted up to eight feet in height.

(6)

Fences or walls along multifamily or nonresidential property perimeters adjacent to public rights-of-way or residential land uses shall be set behind any required landscape or buffer yard area. Where the perimeter is not adjacent to such uses, the fence or wall may be placed on the property line and tree planters with accent plantings shall be placed adjacent to the inside of the fence or wall and shall meet the buffer requirements in Chapter 8.

(7)

Additional restrictions on the height or location of fences, walls, or hedges may be imposed where necessary for purposes of traffic safety. Fences, walls and hedges or shrubbery shall not cause any obstruction to vision of motorists in accordance with the provisions for obstructions to vision in Chapter 7.

(8)

Estate gates shall be permitted to be a maximum of seven feet in height for residential lots zoned R-1 (Urban Single Family Residential) located on Ft. Florida Road and for residential lots in agricultural zoning classifications and rural residential zoning classifications: RR (Rural Residential) and RA (Rural Estate). Swing gates shall open inward towards private property and shall not encroach into the right-of-way.

(9)

Gates on through lots facing the rear of the principal structure shall be no wider than four feet.

(10)

In accordance with Chapter 7, properties with double drive gates accessing the public right-of-way shall have a paved driveway apron.

(11)

Recreational fencing shall require higher fencing for tennis courts, pickle ball courts, and other similar facilities to ensure the activity remains on the property.

(12)

Fences that vary along a site due to sloping conditions may require approval of an administrative variance.

(13)

Fencing of no higher than four feet shall be permitted on vacant lots around the perimeter of the lot.

(14)

Fences shall be erected in drainage and utility easements provided that any maintenance work done on the easements shall be at the owner's expense.

(Ord. No. 09-08, § 2, 8-6-2008; Ord. No. 02-12, § 2(exh. A), 9-5-2012; Ord. No. 10-13, § 2, 11-6-2013)

(c)

Retaining walls.

(1)

Nothing in these regulations shall be construed to prohibit or prevent the erection of a retaining wall on any property where the wall does not adversely affect the natural flow of surface water.

(2)

If a 6-foot-high screening wall is required where it would be atop a retaining wall, the screening wall may be modified or waived to allow an alternative size or type of screen to be installed above the retaining wall which satisfies the screening function.

(3)

A retaining wall along a property perimeter adjacent to a public right-of-way shall be constructed of stone, brick, or other decorative surface, or shall be screened by landscaping.

(4)

The height of a screening wall or a fence atop a retaining wall shall be measured from the point of intersection of the top of the ground and retaining wall.

(d)

Construction specifications.

(1)

All fences and walls shall be constructed with quality materials and workmanship. Fences and walls shall be built plumb and sturdy enough to withstand normal windloads and stresses. Wooden fences shall be erected with the finished side facing out toward the perimeter of the property. The "finished side" shall refer to that side of the fence that does not show exposed supporting members and posts. A variance may be requested if a fence cannot be constructed with the finished side facing out due to a physical constraint.

(2)

Required screening walls shall be six feet high. The lower four feet shall be solid-faced construction; the upper two feet may be solid-faced, open-faced or ornamental construction provided at least 50% opacity is maintained. The exterior surface of the wall shall be painted or stuccoed to industry standards to protect the wall from moisture absorption and to enhance appearance. The exterior color of the wall shall be an earth tone.

(3)

Required screening fences shall be solid face construction of concrete or vinyl materials. Plywood, particle board, or similar materials are prohibited. Fences required for buffers shall be constructed with a stockade style solid face. The color of the fence shall be an earth tone stain.

(4)

Required screening hedges for nonresidential land uses adjacent to residential land uses shall be three feet high at the time of planting, and shall be of a species capable of attaining a 6-foot-high dense screen at maturity.

(5)

The top of all fences and walls shall be level and all posts shall be set perpendicular to the top. On sloping sites, the top of the fence or wall shall be stepped with a maximum step height of 24 inches, and the maximum height shall not be exceeded, unless approved by an administrative variance.

(6)

Perimeter or buffer walls in residential subdivisions built after the effective date of the ordinance from which this article is derived shall be constructed of permanent materials, including masonry or permanent vinyl. No wood shall be used in such walls.

(e)

Fences and walls along major roads.

(1)

For the purpose of improving the visual appearance from public streets, all multi-family properties, multi-unit subdivisions, and non-residential properties along the major arterials listed in paragraph (2) of this subsection shall meet the requirements of this section. This section shall not apply to single-family homes fronting a major road. The requirements of this section shall be met when improvements are made requiring development plan review.

(2)

These requirements are cumulative and shall apply to all fences and walls constructed within 24 feet of, or within a front, side or rear yard along, the right-of-way of any of the following streets:

a.

Charles Richard Beall Boulevard (U.S. 17/92).

b.

Dirksen Drive.

c.

Enterprise Road.

d.

Highbanks Road.

e.

Saxon Boulevard.

f.

Shell Road.

(3)

Fences and walls shall be located a minimum of five feet from the front property line and behind any required landscaping. Except for driveways allowed through the site plan approval process, gates in the fences on the rear of through lots along the major arterial shall be prohibited.

(4)

Fences and walls shall be a maximum of six feet high (eight feet in industrial zoning classification). This limit shall not apply to subdivision entrance signs or fences or walls which are integral to such sign.

(5)

Fences and walls shall be of a design consistent with the architectural theme of the site as developed, and shall be compatible with adjacent properties and the neighborhood, arterials shall be masonry, wrought iron, aluminum, concrete, or durable plastic.

(6)

Wire mesh fencing may be used along the arterials on properties zoned and used for a bona fide agricultural pursuit and for which an agricultural ad valorem tax exemption has been granted.

(7)

The use of barbed wire or concertina wire in fencing is prohibited, except around electrical substation and other public utility facilities. The additional height of up to three feet resulting from the installation of the outriggers or extensions for fences around such electrical substations and other public utility facilities shall not be considered in measuring the height of a fence or wall.

(8)

Walls shall be masonry, stone, or brick construction. Masonry walls shall have a stucco finish or a textured manufactured finish such as "fluted" block. Plexiglas panels may be used for walls around pool decks.

(9)

Fence or wall colors shall be matte finish earth tones, matte black, matte white, or pastels with a minimum matte white content of 90%. Colors shall complement the primary color of the development and shall not be so extreme in contrast or intensity that the color competes with the building for attention or acts as a sign.

(10)

Temporary fencing of galvanized wire, durable plastic, or wood erected to protect construction sites, shall be exempt from these requirements. Construction site fencing shall be permitted to remain as long as the building permit is active. Other temporary fencing shall be maintained for no more than 60 consecutive days.

(Ord. No. 02-12, § 2(exh. A), 9-5-2012)

(f)

Maintenance. Walls and fences shall be maintained at the proper height and density in a plumb and upright position, free of any defects, damage, and discoloration.

The following regulations shall apply to home-based businesses:

(a)

In accordance with F.S. § 559.955, home-based businesses shall be categorized as follows:

(1)

The activities of the home-based business must be secondary to the property's use as a residential dwelling.

(2)

The business employees who work at the residential dwelling must also reside in the residential dwelling, except that up to two employees or independent contractors who do not reside at the residential dwelling may work at the business.

(3)

Parking related to the business activities of the home-based business must comply with parking standards for residential uses. The business shall not generate a need for parking greater in volume than a similar residence where no business is conducted.

(4)

Parking or storage of heavy equipment at the business may not be visible from the street except in the A-2, A-3, RA, and RR zoning classifications. In the A-2, A-3, RA, and RR zoning classifications, parking or storage of heavy equipment is permitted provided it is located in the rear or side yard of the property and is setback five feet from the property line.

(5)

As viewed from the street, the residential property must be consistent with the uses of the residential areas surrounding the property. Any external modifications to a home-based business must conform to the residential character and architectural aesthetics of the neighborhood. The home-based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property.

(6)

All business activities must comply with any relevant local or State regulations concerning signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors.

(7)

All business activities must comply with any relevant local, State, and federal regulations concerning the use, storage, or disposal of hazardous materials.

(8)

Any violation of these regulations may result in the revocation of any home occupation permit, in addition to any other remedy for such violation provided in this Code or by law.

(9)

The issuance of a permit to engage in a home occupation in accordance with this Code shall not be deemed to be a change of zoning nor an official expression of opinion as to the proper zoning for the particular property.

(Ord. No. 01-99, § 1(301.2(807.00)), 11-3-1999)

(a)

Large vehicles.

(1)

No truck tractor, semitrailer, commercial bus, cutaway van (box truck), chassis-cab truck, or any other truck requiring a commercial license with a gross vehicle weight greater than 10,500 pounds (as determined by the greater of the vehicle registration or the manufacturer's specification) shall be parked for legitimate commercial purposes, in the R-1 through R-8, MH-1, MH-5, and the residential use areas of PUD classifications.

(2)

The parking of truck tractors and semitrailers is prohibited in the B-2, B-3, B-4, B-6, B-7, B-9, and BPUDs and commercial use areas of RPUD and MPUD classifications unless said vehicles are accessory to or associated with the business on the premises.

(b)

Mobile recreational shelters or vehicles in residential zoning classifications. Except as otherwise provided herein, mobile recreational shelters and vehicles, utility trailers, watercraft and other trailers are permitted as an accessory use in the RR, R-1 through R-6, MH-5, or the single- and two-family residential areas of the PUD classification, the following additional standards shall also be met:

(1)

They shall have a current license tag or validation sticker.

(2)

The ground beneath shall be kept free from debris, including excessive weed growth.

(3)

They shall not be parked or stored within a street or public right-of-way.

(4)

All wastewater line caps shall be secured at all times in a manner to preclude any leakage from such vehicles, shelters, or watercraft onto a lot or street.

(5)

They shall not be connected to water, sewer, or electric lines or be used for residential purpose.

(6)

They shall be located in full compliance with setback requirements for accessory structures.

(7)

Mobile recreational vehicles and cutaway vans may be parked placed on the driveway or in the front yard of the principal structure when the occupant of the principal structure has a disability which may require facilities in the recreational vehicle or cutaway van, and if the occupant has received a handicapped disabled person parking decal permit from the State for where the vehicle is registered.

(8)

Mobile recreational shelters or vehicles and watercraft may be parked on the driveway for no more than 36 hours, unless permitted by the applicable homeowners association.

(c)

Mobile recreational shelters and vehicles parking and storage as accessory use. Mobile recreational shelters and vehicles, utility trailers, watercraft, and other trailers are permitted as an accessory use in commercial and industrial classifications where such use is permitted pursuant to Chapter 4 and Chapter 5, provided:

(1)

They shall have a current license tag or validation sticker.

(2)

The ground beneath shall be kept free from debris, including excessive weed growth.

(3)

They shall not be parked or stored within a street or public right-of-way.

(4)

All wastewater line caps shall be secured at all times in a manner to preclude any leakage from such vehicles, shelters, or watercraft onto a lot or street. They shall not be connected to water, sewer, or electric lines or be used for residential purpose. They shall be located in full compliance with setback requirements for accessory structures.

(d)

If located in the MH-1, R-7, R-8 and the multifamily areas of the PUD classifications, they shall be located within areas designated for said use as depicted on the approved final site development plan.

(e)

Parking vehicles in residential districts. In the RR, R-1 through the R-6, MH-5, and the single- and two-family residential use areas of PUD classifications, motor vehicles shall be parked on driveways meeting the requirements of Chapter 7.

(Ord. No. 01-99, § 1(301.2(811.00)), 11-3-1999)

All businesses which engage in outdoor display of merchandise shall comply with the following:

(a)

Outdoor display shall only include incidental outdoor display items, consisting of a small sample of merchandise or decorative items, placed outdoor adjacent to the responsible business, which represent or complement the goods and services sold or provided by the responsible business. Vendors operating independently from the indoor business shall not be permitted.

(b)

Display items shall only be placed outdoors during the time the responsible business is open to the public and shall be removed prior to the close of business each day.

(c)

Display items shall at all times be maintained in a safe, sound, and visually attractive condition. The business owner shall be responsible for continuously supervising the safe, sound, and visually attractive condition as well as the appropriate placement of the display items.

(d)

Display items shall only be located adjacent to the building of the responsible business no further than ten feet from the building walls of the business. Merchandise cannot be affixed to buildings or hung on fences, utility poles or vehicles. No tents or canopies can be placed over the display area.

(e)

One item per every five linear feet of store frontage shall be permitted to be displayed and the total display area shall not exceed 100 square feet.

(f)

Display items shall not extend into the safe line-of-sight at intersections, as determined by the City Engineer.

(g)

Display items shall not encroach into landscape areas.

(h)

The display items shall not obstruct any entries, exits, permitted signs, mailboxes, utilities, public seating, public safety measures, or interfere with ADA compliance or pedestrian or vehicular traffic.

(i)

Temporary signs cannot be added to the display area.

(j)

The merchandise cannot be displayed on mannequins, body forms, or similar devices.

(k)

City staff shall have the authority to request that item(s) be removed from public or private property if it is felt the item(s) constitute a potentially hazardous distraction to vehicular or pedestrian traffic; constitute a potential health or safety hazard; are not appropriately maintained or located; are excessive in size or quantity; or compromise the public peace, morals or welfare. If City staff request item(s) be removed, the business owner shall cause the item(s) to be removed immediately.

(l)

Business owners shall indicate on their City Business Tax Receipt (BTR) application whether they intend to engage in outdoor display of retail merchandise.

(m)

Plant nurseries are exempt from the outdoor display requirements.

The permanent outdoor storage of supplies or equipment in conjunction with a principal use shall be subject to the following requirements and the requirements of Sec. 6.40:

(a)

The outdoor storage area shall not be located in front of the principal building, unless the lot is in the I-1 classification and the storage area is not visible from residential classifications, or any road designated as an arterial or collector.

(b)

The outdoor storage area shall not be located in any required setback.

(c)

The outdoor storage area shall be subordinate to the principal use, but in no event shall exceed 10% of the total lot area, except in the I-1 classification. Nurseries and greenhouses are exempt from this size restriction.

(d)

No outdoor storage shall be allowed within 25 feet of a residential classification.

(e)

The outdoor storage area shall be completely screened so as not to be visible from any adjacent rights-of-way or lots by decorative opaque fencing, wall, landscaping, or other suitable buffer with a height of at least six feet unless otherwise specified in the zoning classification or site plan approval. Gates shall also be opaque.

(a)

A concrete pad shall be required, 12 feet wide and 16 feet long, with a 6-foot high screened enclosure with a lockable gate.

(b)

Said gate and screen are to be located outside of and not on the pad.

(c)

The angle of the pad with the driving lane shall allow for a straight line maneuvering distance of 55 feet.

(d)

A final inspection shall be required to ensure proper installation of the dumpster.

(a)

Outdoor seating area layout if provided, must be submitted for review as part of the Business Tax Receipt (BTR) application for any restaurant or similar establishments lawfully selling food and/or beverages. The application must include scaled drawings of the establishment's internal layout, detailing the placement of tables, chairs, bars, host or hostess stations, windows, doors, waiting areas, and other features that may impact customer movement and gathering. Additionally, scaled drawings of the proposed outdoor seating area are required. These should include a layout plan showing the arrangement of tables, chairs, host or hostess stations, barriers, stanchions, umbrellas, utility stations, and any other features of the seating area. The drawings must also provide measurements to the nearest property lines, including curb lines, curb stops if any, and the boundaries of the rights-of-way.

(b)

Outdoor seating areas must be built and maintained in accordance with their approved plans. Outdoor seating may be extended from a restaurant frontage or similar establishments lawfully selling food and/or beverages, situated on properties adjacent to corridors and nodes as defined in Chapter 5. The seating shall be provided in the Street setback zone as shown in Fig 5-6, Sec. 5.21.

(c)

The layout of the seating area shall provide for free flow of pedestrian traffic along the pedestrian sidewalk/walkway area.

(d)

The outdoor seating area must be clearly delineated from the pedestrian walkway/sidewalk, ensuring there is a minimum of five feet of clear space for pedestrian traffic.

(e)

No additional parking is required if the outdoor seating area does not exceed 30% of the establishment's gross floor area.

(f)

Umbrellas shall be allowed, provided that the umbrellas are contained within the seating area and do not impeded pedestrian traffic or vision at intersections. Any advertising on umbrellas shall be exempt from signage regulations in Chapter 11.

(g)

All signage in the outdoor seating area must comply with the regulations outlined in Chapter 11 of this Code.

(h)

Food Preparation shall not be permitted in the outdoor seating area.

(i)

Alcoholic beverages may be served within license area consistent with any alcoholic beverage licenses in effect for the restaurant.

(j)

Hours of operation shall not exceed the hours of operation of the restaurant.

(k)

Outdoor seating areas must adhere to noise regulations, prohibiting amplification of sound that can be heard beyond the property boundaries. This is to minimize disturbance to neighboring properties and maintain a peaceful environment.

(l)

The outdoor seating area, including the sidewalk or walkway and the furniture used shall be kept in clean condition including timely removal of trash, debris and periodic cleaning of pedestrian walkway.

(m)

The outdoor seating use shall be revoked for any violation of the provisions of this section if the City Manager determines that the continued presence of the use is not in the public's best interest. No permanent approval is granted for any improvement or use, and no vested right of any type is accorded. Business owners who wish to appeal the decision of the City Manager to revoke outdoor seating use shall be entitled to appeal the decision to the City Council by delivering to the City Manager a written request for a hearing before the city commission within 30 days after receiving written notice of revocation of the outdoor seating use.

When backyard chickens are permitted by the underlying zoning district, the keeping of chickens is subject to the following supplemental restrictions:

(a)

Neither chickens nor ducks will be permitted to roam free outside of the boundaries of the property owned or occupied by the owner of the chickens or ducks.

(b)

Chickens and ducks must be kept in a safe, sanitary environment, free from predators and rodents.

(c)

Chickens and ducks must not create excessive noise, odor, or other nuisance impacts to neighboring properties.

(d)

Geese, turkeys, peafowl, pigeons, or any other poultry or fowl are not allowed.

(e)

The commercial sale of chickens, ducks, eggs, feathers, or manure, or the breeding of chickens and ducks is prohibited. Regardless of the foregoing, the small-scale sale of eggs and/or fowl that does not generate more than $600 in revenue per year is excepted from this restriction.

(f)

The owner of the chickens and ducks must occupy a single-family residential dwelling on the property for which the chickens are kept.

(g)

Structures and other enclosures for keeping chickens or ducks must receive a permit and meet the Florida Building Code and zoning code requirements, if applicable.

(h)

Structures and other enclosures for the keeping of chickens and ducks must be sized to proved a minimum of three square feet per animal.

(i)

The total size of accessory structures or coops used to house backyard chickens may not exceed 120 feet per parcel.

(Ord. No. 11-2022, § 5, 9-21-2022)

Any new dwelling unit (including mobile home model units) may be used as a model dwelling unit provided:

(a)

It shall have received an approved final inspection pursuant to the building permit which was issued for it.

(b)

There may be displayed per unit used as a model not more than one identification sign not exceeding 16 square feet in size facing any public right-of-way.

(c)

The model dwelling unit shall not be used as a residence or for a storage area for building materials or equipment.

(d)

Any off-street parking areas temporarily provided in addition to those required by Table 7-6 are exempt from any of the other provisions of Sec. 7.8.

(e)

All models must be removed at the point in time when 90% of the lots have been sold.

(a)

Purpose and intent. This section establishes zoning and siting regulations pertaining to the operation of mobile food dispensing vehicles.

(b)

Locations, permitted and prohibited.

(1)

Permitted locations. Mobile food dispensing vehicles are not permitted on any real property unless such is located in one of the following zoning classifications:

a.

P as a permitted use.

b.

B-2 as a permitted use.

c.

B-3 as a permitted use.

d.

B-4 as a permitted use.

e.

B-5 as a permitted use.

f.

B-6 as a permitted use.

g.

B-9 as a permitted use.

h.

I-1 as a permitted use.

i.

R-1 through R-8 with a Special Event permit.

j.

Active PUDs, RPUDs, BPUDs, IPUDs, and MPUDs when temporarily allowed pursuant to a Special Event permit.

k.

Sites, regardless of zoning classification, located in the Transit Oriented Development (TOD) overlay district as when temporarily allowed pursuant to a Special Event permit.

(2)

Prohibited locations. Mobile food dispensing vehicles, regardless of zoning classification, may not be located on any properties or locations on a property that contain one or more of the following conditions, unless specially allowed pursuant to a Special Event permit.

a.

Unimproved properties.

b.

Properties that do not contain an active commercial or industrial principal use.

c.

Locations on a property that are within 100 feet of a structure for residential use or that contains an active residential use.

d.

Locations on a property that are within 300 feet of the building frontage of any licensed restaurant located in a principal structure during the hours said restaurant is open for business.

(c)

Setbacks and standards for mobile food dispensing vehicles.

(1)

Maximum vehicle size. A mobile food dispensing vehicle may not exceed a size of nine feet in width and 20 feet in length. If the mobile food dispensing vehicle is a trailer, the trailer must be unhitched from the motorized vehicle and stabilized prior to operating the mobile food dispensing vehicle, and the trailer alone will be measured for the purposes of meeting the size limitation set forth herein. Tent structures are not permitted to be utilized in connection with the operation of a mobile food dispensing vehicle.

(2)

Clearance. Mobile food dispensing vehicles must maintain minimum clearances as set forth below:

a.

Setbacks established for the zoning classification of the parcel upon which the mobile food dispensing vehicle is located.

b.

Buildings: A setback of ten feet must be maintained from all buildings on the property.

c.

A setback of ten feet must be maintained from all parking spaces and access ramps established for the disabled, including the ingress and egress routes for such ramps and spaces.

d.

Loading zones: A setback of ten feet from all loading zones must be maintained.

e.

Driveway aprons: A setback of ten feet from all driveway aprons must be maintained.

f.

Drive aisles: A setback of ten feet from all drive aisles must be maintained.

g.

Fire lanes: A setback of 15 feet from all fire lanes must be maintained.

h.

Fire control devices: A setback of 15 feet from all fire control devices, including hydrants and emergency hose stations must be maintained.

i.

Public rights-of-way: A setback of five feet from all public rights-of-way must be maintained.

j.

Combustible material: All mobile food dispensing vehicles must be located a minimum of 25 feet from any combustible materials.

(d)

Exceptions.

(1)

To the extent that a conflict exists between the terms of a Special Event permit and the requirements of this Code, the terms of the Special Event permit will govern and control to the extent any such conflict exists.

(2)

Mobile food dispensing vehicles are exempt from this Code when operated in conjunction with a private catering event conducted on a residentially zoned property.

(3)

Mobile food dispensing vehicles operated pursuant to an existing contract with the owner or lessee of a commercial or industrial zoned property are exempt from this Code. For the purposes of this paragraph, a contract is existing if it is a valid and binding contract that is in effect at the time this ordinance is enacted. Any contracts drafted after the effective date of this ordinance, which deviate from this ordinance, must receive approval from the City Council to be valid.

(e)

Mobile food dispensing signs.

(1)

Permitted signs. The following signage, when used in connection with the operation of a mobile food dispensing vehicle, is permitted:

a.

Mounted signs. Mounted signs shall be allowed as long as they are affixed to the mobile food dispensing vehicle.

b.

Painted signs. Painted signs are allowed as long as they are placed upon the mobile food dispensing vehicle.

c.

Wrapped signs. Wrapped signs laminated or otherwise affixed upon the mobile food dispensing vehicle.

(2)

Prohibited signs.

a.

Any signs or forms of advertising that are not otherwise located or mounted upon a mobile food dispensing vehicle.

Mobile offices or mobile units designed as offices shall be permitted for only the initial builder/developer as temporary on-site contractor construction offices, on-site sales offices or as on-site security offices, providing:

(a)

Such mobile offices may only be used in conjunction with the development of approved subdivisions, mobile home parks, mobile recreational vehicle shelter parks, or in conjunction with the construction of commercial, multifamily, or industrial buildings.

(b)

A mobile office may be used in conjunction with the rental or sale of mobile homes from licensed mobile home sales lots.

(c)

Such mobile office shall not be used as a residence. The use shall be limited to on-site construction, sales or security purposes in connection with the project on which the structure is located and meet the setback requirements for accessory structures.

(d)

The person responsible for the development on which the mobile office is to be located shall obtain the proper permits from all applicable governmental agencies, including but not limited to electrical, plumbing and building permits.

(e)

Permits for mobile offices shall be issued as follows:

(1)

For the construction of approved subdivisions, only after preliminary plat approval.

(2)

For the development of mobile home parks, and mobile recreation vehicle shelter parks, only at the same time or after any applicable building permits for the installation of improvements are issued.

(3)

For commercial, industrial or multifamily projects, only after final site plan approval.

(4)

For the sale or rental of mobile homes, only at the same time or after the business tax receipt has been issued.

(f)

Permits for mobile offices shall expire and such mobile offices shall be removed as follows:

(1)

For the development of approved subdivisions, after 80% of the lots have been sold.

(2)

For the development of mobile home parks, and mobile recreation vehicle shelter parks, immediately after the park is abandoned.

(3)

For commercial, industrial, or multifamily projects, immediately after the certificate of occupancy is issued.

(4)

For the rental or sale of mobile homes from mobile home sales lots, immediately after the rental or sales lot is abandoned.

(Ord. No. 01-99, §§ 1(301.2(819.00)), 1(401(618)), 11-3-1999)

(a)

Portable shelters shall be allowed to be assembled and emplaced upon properties within the City without the need for application or receipt of a use or development permit, provided that the following conditions are met:

(1)

Portable shelters may be assembled and emplaced by lot owners only upon those properties authorized for single-family residential uses and utilized for single-family residential purposes.

(2)

Portable shelters shall be treated under the Code as accessory structures to the extent that such treatment does not conflict with treatment under this section and must adhere to all applicable setback, yard, lot coverage, floor area and building height requirements.

(3)

Under no circumstances shall a portable shelter exceed a total coverage area of 500 square feet or be grafted, connected or otherwise physically linked to a residence, fence, shed, carport, or other structure.

(4)

Any portable shelter that is emplaced upon a property for a period of 30 days or more must be securely anchored to the ground in a manner so as to maintain the emplacement of its frame during adverse weather conditions, including severe thunderstorms and hurricanes. Such anchoring shall not be construed to alter the portability of a portable shelter or otherwise change such device's definition within the Code.

(5)

Portable shelters may be emplaced in the side yard or rear yard of a property and meet accessory structure setbacks; however, in no event shall a portable shelter be emplaced in the front yard of a property.

(6)

Portable shelters emplaced upon a property shall be maintained in sound and serviceable condition. Portable shelters with bent, broken, cracked, crooked or otherwise compromised frames or wholly or partially detached, torn, tattered, or threadbare tarpaulins must be repaired, replaced or removed. Tarpaulins shall be of a uniform color and texture and, if patched, must be patched in such a manner so as to preserve the uniform appearance of the tarpaulin.

(7)

Portable shelters authorized pursuant to this section shall not be utilized for human habitation or occupation, regardless of whether such habitation or occupation is temporary or permanent.

(8)

Portable shelters must be portable in that they must be of relatively uncomplicated construction and capable of being easily disassembled, moved, and reassembled within a period of one hour or less.

(9)

At no time shall more than one portable shelter be emplaced on a single property pursuant to this section.

(b)

Property owners who have one or more portable shelters or similar devices emplaced upon their property or properties at the time this section takes effect shall have 30 days from the effective date of this section to:

(1)

Bring such devices into compliance with this section;

(2)

Remove and properly dispose of such devices;

(3)

Replace such devices with substitute devices that are compliant with this section; or

(4)

Have such device permitted and placed pursuant to applicable law.

(Ord. No. 06-08, § II, 5-7-2008)

(a)

A mobile home is allowed to be used for up to 18 months. The time may be extended by the City for justifiable cause.

(b)

The temporary use of mobile homes is only permitted on A-2 and A-3 zoned parcels and the structure shall meet the required district setbacks.

(c)

The structure shall be completely removed from the site within 15 days from the date of certificate of occupancy issuance for the residential building to be constructed on the same site, or within 30 days from the date active construction is discontinued, whichever occurs first; but in no event, shall the time exceed the limit set forth in subsection (a).

(d)

A separate building permit for the mobile home is required. The applicant shall comply with the provisions of the Building Code and meet any applicable floodplain management requirements. All mobile homes shall be properly connected to the approved sanitary, potable water, and electric services.

(e)

The use of a recreational vehicle in lieu of a mobile home is prohibited.

(a)

Prohibited locations.

(1)

Zoning. Notwithstanding any other provision of this article or any provision of the City's planning, land development and zoning regulations, no person shall propose, cause or permit the operation of, or enlargement of, an adult entertainment establishment which, while in operation of, or enlargement of, an adult entertainment establishment unless permitted in the applicable zoning classification.

(2)

Distance minimums. In addition to the zoning requirements set forth above, an adult entertainment establishment shall not be allowed to open, operate or be enlarged within any of the following buffers:

a.

No adult entertainment establishment shall be located within 400 feet of any area of the County or the City classified as C, P, RC, A-2, A-3, RA, RR, R-1 through R-8, MH-1 through MH-5 or PUD, unless the adult entertainment establishment is a part of the PUD.

b.

No adult entertainment establishment shall be located within 1,000 feet of any preexisting adult entertainment establishment.

c.

No adult entertainment establishment shall be located within 1,000 feet of any religious institution, public park or recreational facility or educational institution bus stop.

d.

Pursuant to F.S. § 847.0134, no adult entertainment establishment shall be located within 2,500 feet of any real property that comprises a public or private elementary school, middle school, or secondary school.

(3)

Enlargement. In this subsection, the term "enlargement" includes, but is not limited to, increasing the floor size of the establishment by more than 10%.

(4)

Supplemental to alcoholic beverage regulations. The zoning and distance requirements stated above of this section are independent of and do not supersede the distance requirements for alcoholic beverage establishments which may be contained in other laws, rules, ordinances or regulations.

(b)

Measurement of distance. The distance from the proposed or existing adult entertainment establishment mentioned herein to any area of the County or the City classified in subsection (a)(2) of this section or to any preexisting adult entertainment establishment or to any religious institutional, educational institution, public park or recreational facility or educational institution bus stop shall be measured by drawing a straight line between the closest property lines of the proposed or existing adult entertainment establishment and the other zoning classifications or uses identified in subsection (a) of this section.

(c)

Nonconforming uses. When a nonconforming use of an adult entertainment establishment has been discontinued for 90 consecutive days or more, the nonconforming use shall be deemed abandoned and the future use of the premises or site shall revert to only those uses permitted on the site on which the establishment is located.

(d)

Variances. The City Manager or his designee is authorized to recommend a variance from the distance and zoning requirements of this section, pursuant to the procedures and criteria set forth for other variance requests as set forth in this Code and the City Council is authorized to make a determination on the City Manager or his designee's recommendation pursuant to this Code.

(a)

Permanent and temporary asphalt and cement batching plants shall be permitted, provided the following conditions are met:

(1)

Each application shall be accompanied by a site plan pursuant to Sec. 3.23.

(2)

The applicant shall submit a written report outlining the reasons for placing the batching facilities in the particular location and stating the duration of time for which the applicant intends to operate said batching facilities. Permission to locate and operate temporary batching facilities shall be granted for a period not to exceed 180 days. An additional extension of time not to exceed 180 days may be granted upon expiration of the time period initially granted if exceptional circumstances warrant it.

(3)

All batching facilities shall be located no closer than 150 feet to the nearest public road, and shall be located no closer than 100 feet to any perimeter property lines, and shall be located no closer than 300 feet to any existing residential dwelling or residential zoning classification.

(4)

All permitted materials shall be maintained in a neat and orderly manner and shall be covered and/or wet down regularly so as to prevent debris from leaving the area of the site.

(5)

Routes of supply vehicles or material handling vehicles shall be arranged so as to minimize nuisances or hazards to existing residential neighborhoods or commercial businesses.

(6)

The City Council may limit the time of day during which the batching plant may be operated and may make such further conditions as would protect the public health, safety, morals and welfare.

(7)

If the plant is temporary, the City Council shall require a performance bond or surety bond conditional upon the removal of the facilities and restoration of the site to an acceptable condition at the time specified by the City Council.

(a)

The scale (size and height) of the facility shall be compatible with the character of the surrounding residential area.

(b)

The facility shall be meet the maximum density of the district or Future Land Use category (two sleeping rooms shall be considered one unit for purposes of density).

(c)

The facility must be approved and licensed by the appropriate State agency.

The following regulations shall apply to automobile service stations, Types A and B.

(a)

Location of principal and accessory structures. Setbacks for the principal structure shall apply to all accessory structures.

(b)

Permanent storage of materials, merchandise and equipment. All materials, merchandise and equipment, other than motor vehicle fuels, shall be stored within the principal building and meet the requirements of Sec. 6.9, outdoor storage.

(c)

Parking of vehicles at Types A and B stations only.

(1)

Wreckers, service or customer vehicles, or vehicles may be parked on the premises but shall be parked in a manner that will not create a traffic hazard or interfere with any vehicular maneuvering area necessary for gasoline pump areas, service bays, or with any required off-street parking spaces.

(d)

All liquid pollutants, including but not limited to petroleum derivatives, shall be contained in such a manner as to prevent said liquids/wastes from reaching the ground and any watercourse or water body.

(a)

A bed and breakfast homestay requires a business tax receipt.

(b)

The number of guest rooms shall not exceed five.

(c)

The owner must reside in the building.

(d)

Separate cooking facilities are not permitted in the guest rooms.

(e)

Each guest room shall have private toilet and shower facilities, except where the building is listed on the National Register of Historic Places, in which case a minimum of one bathroom shall be provided exclusively for use by the guests.

(f)

Minimum bedroom area shall be 150 square feet.

For the purposes of this section, cardroom shall mean and refer to a facility, as further defined and regulated by F.S. § 849.086, where authorized games are played for money or anything of value and to which the public is invited to participate in such games and charged a fee for participation by the operator of such facility.

(a)

Cardrooms are prohibited and are deemed an illegal use under this chapter, and a cardroom shall neither be located nor otherwise operated anywhere within the jurisdictional boundaries of the city.

(b)

For the purposes of State licensing requirements under F.S. § 849.086, this section shall be interpreted and understood as a standing majority vote of the City Council disapproving the establishment and operation of a cardroom within the city.

(c)

Enforcement. Operation of a cardroom in contravention of this section shall be subject to enforcement as set forth in Sec. 1.3 of this Code.

Purpose and intent. A development design technique that permits a reduction in lot area by concentrating buildings in a specific area to allow the remaining land to be used for recreation, open space, or preservation of environmentally sensitive areas. This technique allows for a reduction in lot area, provided there is no increase in the number of lots that are permitted under a conventional subdivision. The following regulations shall apply to cluster and zero lot line subdivisions:

(a)

The subdivision must be platted for this type of development, in accordance with this Code.

(b)

The minimum lot size shall be 5,000 square feet.

(c)

The minimum lot width shall be 45 feet.

(d)

All lot area reduction amounts shall be combined to set aside an equivalent land area for common open space or for preserving environmentally sensitive areas that are not jurisdictional wetland under County, State or federal regulations. The set-aside area cannot be used for stormwater retention or detention.

(e)

The minimum setbacks for the principal structure shall be:

(1)

Front yard: 25 feet, except on a corner lot, one front yard may be reduced to 15 feet.

(2)

Rear yard: 20 feet.

(3)

Waterfront yard: 25 feet.

(4)

Side yard: 5 feet for nonzero-lot-line lots, 0 feet on one side and 15 feet on the other side yard for zero-lot-line lots.

(5)

Where a dwelling unit is located on a lot line, a legal provision acceptable to the City Council shall be made for permanent access to maintain the exterior portion of the dwelling unit wall along the zero lot line. Doors or other access openings are prohibited on the zero lot line side of the dwelling unit.

(6)

Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed 35%.

(f)

Accessory structures shall be located behind the front most part of the principal structure and shall have the following side and rear setbacks:

(1)

Rear yard: 5 feet.

(2)

Waterfront yard: 25 feet.

(3)

Street side yard: 15 feet.

(4)

Side yard: 5 feet.

(g)

The maximum permissible density of the cluster subdivision shall be consistent with that permitted by the corresponding Future Land Use Map designation accorded the property by the Future Land Use Element of the Comprehensive Plan.

(h)

All other requirements of the applicable zoning classification shall be met.

(i)

All cluster and/or zero lot line subdivisions shall adhere to all applicable requirements of this Code.

(Ord. No. 01-99, § 1(301.2(828.00)), 11-3-1999)

The following provisions shall govern the development of communication towers in the City.

(a)

Special exception permit. Communications towers over 70 feet in height require special exception approval.

(b)

Special exception conditions. In granting a special exception, the City Council may impose conditions, including such conditions as are necessary to minimize any adverse effect of the proposed communication tower on adjoining properties.

(c)

Certification. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a professional engineer licensed in the State.

(1)

Information required.

a.

To ensure that communication towers are located and buffered for compatibility with the surrounding land use, each applicant requesting a special exception pursuant to this Code shall submit a scaled site plan (not more than one inch equals 100 feet) and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography; site specific radio frequency coverage information; communication tower height requirements; color; setbacks; location of equipment structures/cabinets; separation distance from other communication towers and specified dwellings; drives; parking; fencing; landscaping; adjacent uses; location, type and intensity of lighting, and any Federal Aviation Administration (FAA) reports.

b.

In addition, the applicant shall identify all public and/or private airports and helipads within four miles from the proposed communication tower. The four miles shall be measured in a straight line from the proposed location of the tower to the nearest point of the airport runway or helipad. Further, the applicant shall send a notice of the time, day, place and purpose of the public hearing of the City Council at least ten days prior to the date of such public hearing to the last known address of the owner, operator or licensee of said airport by reference to the latest ad valorem tax record. The owner, operator or licensee of said airport or helipad, or his duly authorized agent, shall acknowledge receipt of the notice on a form provided by the City Manager.

c.

The applicant shall supply such other information deemed appropriate by the City Manager to be necessary to assess compliance with this chapter.

(2)

Factors considered in the granting of special exceptions. The City Council shall consider the following factors in determining whether to issue a special exception, although the City Council may waive or reduce the burden of one or more of these criteria, if the City Council concludes that the goals of this Code are better served thereby:

a.

Height of the proposed communication tower;

b.

Proximity of the communication tower to residential structures;

c.

Nature of uses on adjacent and nearby properties;

d.

Surrounding topography;

e.

Surrounding tree coverage and foliage;

f.

Design of the communication tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

g.

Proposed ingress and egress;

h.

Safety aspects relating to the proposed communication tower;

i.

Availability of suitable existing communication towers and other structures. No new communication tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City Council that no existing communication tower or structure can accommodate the applicant's proposed tower. Evidence submitted to the City to demonstrate that no existing communication tower or structure can accommodate the applicant's proposed antenna shall be for any of the reasons provided as follows:

i.

No existing communication towers or structures are located within the geographic area required to meet applicant's engineering requirements;

ii.

Existing communication towers or structures are not of sufficient height to meet the applicant's engineering requirements;

iii.

Existing communication towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment;

iv.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing communication towers or structures, or the antenna on the existing communication towers or structures would cause interference with the applicant's proposed antenna; or

v.

The applicant demonstrates that there are other limiting factors, including adverse economic reasons, that render existing communication towers and structures unsuitable.

(3)

Setbacks and separation. The following setbacks and separation requirements shall apply to all communication towers and antennas for which a special exception is required:

a.

Communication towers must be set back a distance equal to one-half of the height of the communication tower from the property line.

b.

Communication tower anchors and guyed supports must meet the zoning classification minimum yard size requirements.

c.

Except for alternative support structures, communication towers, whether lattice, guyed or monopole, shall be separated as shown in Table 6-1.

(d)

Tower separation requirements. In order to manage the proliferation of communication towers throughout the City, separation requirements shall be applied as provided in this section.

(1)

Towers shall be separated from each other as indicated in Table 6-1.

(2)

Communication tower separation shall be measured from the perimeter of the base or slab of the communication tower to the closest point of the off-site existing communication tower base or slab.

(3)

In addition, said towers shall be separated from a single-family, two-family, multifamily, or mobile home dwelling by a distance of at least 1,000 feet. However, this separation requirement may be waived by the City Council, but in no case shall said separation distance be less than 500 feet.

Table 6 - 1: Tower Separation

(e)

Design and lighting standards.

(1)

Communication towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.

(2)

At a communication tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.

(3)

If an antenna is installed on a structure other than a communication tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(4)

Communication towers shall not be artificially lighted, unless required or recommended by the City Manager, FAA, or the Florida Department of Transportation (FDOT). If this lighting is so required or recommended, the City Manager may review the available lighting alternatives permitted by the FAA or FDOT and approve the alternative that balances the need for safety and causes the least disturbance to the surrounding views.

(f)

Security fencing. Communication towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the City Manager may waive such requirements, as it deems appropriate. Access to the communication tower shall be through a locked gate.

(g)

Landscaping.

(1)

The visual impacts of a communication tower upon nearby viewers shall be mitigated through landscaping or other screening materials at the base of the communication tower and accessory structures. Landscaping shall be installed on the outside of a fence and shall include a landscape buffer of 15 feet. Further, existing vegetation shall be preserved and may be used as a substitute for or in supplement towards meeting landscaping requirements.

(2)

A row of trees a minimum of six feet tall and 1 1/2 inches in caliper (diameter at breast height) and a maximum spacing of 20 feet apart shall be planted around the perimeter of the fence.

(3)

A continuous hedge at least 24 inches high at planting capable of growing to at least 36 inches in height within 540 days shall be planted in front of the tree line referenced in paragraph (2) of this subsection. Hedge material shall be no less than three feet on center.

(4)

All landscaping shall be drought resistant or irrigated and properly maintained to ensure good health and viability.

(5)

The City Council may at their discretion, based on good cause shown, waive these landscaping requirements.

a.

Camouflaged towers. The applicant may use a camouflage agent in order to achieve compatibility with the surrounding area in an aesthetic manner. Camouflaging shall be determined on a case by case basis. Any proposed camouflaging shall be submitted in conjunction with the special exception application. It shall include the following documentation:

i.

Colorized pictorial representation, artist's rendering, or the like;

ii.

Design specifications as follows: total height, diameter, and colorations;

iii.

A corresponding statement accompanying the graphic representation explaining the following:

A.

What is the nature and character of the area within which the camouflaged tower is proposed, with respect to: land use, surrounding environment, a general statement of building heights and designs in the area, and building/environment density;

B.

How the proposed camouflaged agent will blend in and harmonize with the nature and character of the area.

(h)

Co-location of communication antennas. The modification or reconstruction of an existing communication tower to accommodate the co-location of two or more communication antennas shall be permitted without new or additional Special Exception approvals, the co-location is accomplished in a manner consistent with F.S. § 365.172 and 47 U.S. Code § 332 and the following requirements:

(1)

Type of construction. The modification or reconstruction shall not change the communication tower from one type of tower to another, except that any type of communication tower may be reconstructed as a Monopole tower.

(2)

Height. The co-location does not increase the height above the existing communication tower.

(3)

On-site location.

a.

A communication tower which is being rebuilt to accommodate the co-location of one or more additional communication antennas may be moved within the development site up to 50 feet from its existing location. A communication tower which is being rebuilt to accommodate the co-location of one or more additional communication antennas may be moved within the development site up to 100 feet from its existing location when camouflaging techniques approved by the City are incorporated into the design of the tower.

b.

A communication tower relocated within a development site shall continue to be measured from the original tower location for purposes of calculating separation distances between communication towers.

c.

Any existing telecommunication tower replaced by a new telecommunication tower on the same development site shall be dismantled and removed from the development site within 180 days of the date of the building permit for the new telecommunication tower.

(i)

Micro-wireless facilities.

(1)

Shall meet the requirements of F.S § 337.401.

(2)

No permit is required for the following:

a.

Routine maintenance, the performance of service restoration work on existing facilities, or repair work, including, but not limited to, emergency repairs of existing facilities or extensions of such facilities for providing communications services to customers;

b.

Replacement of existing wireless facilities with wireless facilities that are substantially similar or of the same or smaller size; or

c.

Installation, placement, maintenance, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with applicable codes by or for a communications services provider authorized to occupy the rights-of-way and who is remitting taxes under Chapter 202, F.S.

(j)

Abandonment. In the event that the use of any communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the City Manager who shall have the right to request documentation and/or affidavits from the communication tower owner/operator regarding the active use of the tower. The owner/operator of the tower shall have 180 days from the date of the notice of the City Manager's determination of abandonment to either, (1) reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower, or (2) dismantle and remove the tower. At the earlier of 181 days from the date of the notice of the City Manager's determination of abandonment without reactivation, or upon completion of dismantling and removal, any Special Exception and/or variance approval for the tower shall automatically expire.

(Ord. No. 02-12, § 2(Exh. A), 9-5-2012; Ord. No. 06-14, § 2(Exh. A), 9-3-2014)

Day care centers shall be designed and constructed according to Chapter 402, F.S. and the following:

(a)

The intensity of the facility (e.g., number of users—children or adults) shall be compatible with the density and character of the surrounding residential area.

(b)

In addition to the required numbers of parking spaces, day care centers must also provide drop-off and pickup spaces, separate from parking spaces at a rate of one space per 25 users.

(c)

The hours of operation shall be within 6:00 a.m. and 8:00 p.m.

Drive-through restaurants shall be permitted provided that:

(a)

The use will not substantially increase traffic on streets in a residential zone.

(b)

The site will be adequate in size and shape to accommodate said use and to accommodate all yards, walls, parking, landscaping and other required improvements, and shall comply with all other provisions in this Code.

(c)

Any outdoor facility including outdoor signage, speakers etc., shall be a minimum of 80 feet from the property line of a residential use.

(d)

Restaurants shall maintain drive-through lanes that are a minimum of 180 feet in length to provide on-site storage for a minimum of ten vehicles.

(e)

Each drive-through lane shall be a minimum of 12 feet in width. The lane shall be independent of any on-site parking, parking maneuvering areas, public streets, alleys or traffic ways.

(f)

Drive-through windows shall not be on the front building elevation directly facing a street frontage.

(g)

Drive-through lanes shall be screened from the public right-of-way using landscaping, walls, and other architectural features to reduce the visual presence of drive-through operations.

(h)

Where a drive-through abuts a residential use, drive-through service shall be prohibited between the hours of 12:00 a.m. and 5:00 a.m. on weekdays and from 1:00 a.m. to 6:00 a.m. on Saturdays and Sundays.

(a)

The following excavation activities do not require special exception approval:

(1)

Installation of utilities, provided a valid underground utility permit or right-of-way utilization permit has been issued.

(2)

Grading and filling in conjunction with commercial, industrial, or residential construction, provided a development order or permit has been obtained.

(3)

Foundations and building pads for any building or structure, provided that a valid building permit has been issued by the Growth Management Department.

(4)

Minor landscaping projects, provided they do not encroach in flood prone areas as depicted on the flood insurance rate maps, promulgated by the Federal Emergency Management Agency (FEMA), or change the natural drainage pattern of the ground surface at the property line.

(5)

Swimming pool construction, provided a building permit has been issued for construction of the pool.

(6)

Excavations relating to the accessory use of land and designed to be filled upon completion of excavation, such as septic tanks, graves, etc.

(7)

Borrow pits designated or controlled by any federal or State agency or local government; or any federal or State agency or local government created by law to provide for mosquito control or drainage, or any drainage district created pursuant to F.S. Chapter 298.

(8)

Where not otherwise governed by zoning requirements, any leveling of land within the confines of a single tract of land where the plans for such leveling are authorized by this Code. If such plans are disapproved by this Code, the applicant may, upon application, appeal such decision directly to the City Council.

(9)

Excavations of leveling for private drives to provide ingress or egress authorized by this Code.

(10)

Notwithstanding the provisions of this section to the contrary, excavated material from a tailwater recovery system or farm pond may be transferred from one parcel of land to a noncontiguous parcel when such system is designed to meet the standards and specifications of the United States Department of Agricultural (USDA) Soil Conservation Service, or designed by a professional engineer licensed to practice in the State. Said tailwater recovery system is defined as a facility to collect, store and transport irrigation tailwater in a farm irrigation distribution system. In order to qualify for said exemption, the design for said system shall be approved by the SJRWMD or USDA Soil Conservation Service and submitted for authorization by the enforcement official. Each tailwater recovery system must be completed within 180 days of receiving approval.

(11)

All projects funded by the County department of public works and FDOT. These projects would include but not be limited to borrow pits, road-building activities and installation of utilities.

(12)

Accessory ponds established in conjunction with an agricultural use and which are 3/4 of an acre or less ins size. The boundaries of excavation are to be wholly within one owner's property. Off-site drainage is not to be affected. Farm ponds are to be constructed to the standards and specifications promulgated by the U.S. DA Soil Conservation Service, and shall be approved by that agency. The landowner shall forward to the Growth Management Department a copy of the approved plans prior to construction of the pond. Each pond must be completed within 180 days of receiving Soil Conservation Service approval. Farm ponds shall be permitted at a rate of not more than one pond per ten acres of land.

(b)

Nonexempt excavations require special exception approval and the issuance of a permit in accordance with the final site plan procedures of Chapter 3. They must also meet the following provisions:

(1)

Each application for a special exception shall be accompanied by plans, drawings and information prepared by a State registered engineer depicting, at a minimum:

a.

Existing and proposed topography at 1-foot contour interval. Such topography shall extend a minimum 150 feet beyond the top of the bank of excavations.

b.

Proposed side slopes and depths which meet these minimums: All sides of the excavated area shall, at a minimum, comply with the following:

i.

1-foot vertical for each six feet horizontal to a depth of ten feet below the dry season water table elevation, unless waived by the commission.

ii.

For depths greater than ten feet below the dry season water table elevation, the slope may be one-foot vertical for each one-foot horizontal. Notwithstanding Sec. 10.8 of this Code, any excavation in excess of the aforementioned slope shall be enclosed by a 6-foot high chain link fence approved by the development engineering division which shall include a gate that shall be closed and locked at all times during which the excavation pit is not in use. Said fencing shall be completely installed prior to initiation of the excavating activity and shall remain in place, unless determined otherwise by the development engineering division, until the excavation is satisfactorily reclaimed.

c.

Wet and dry season water elevations and the existing surface drainage pattern.

d.

Notwithstanding any other minimum yard sizes required by this Code, the top of the bank of an excavation shall be set back the following minimum distance:

i.

150 feet from the right-of-way of any public street, road or highway.

ii.

150 feet from abutting residential or mobile home classified property.

iii.

150 feet from any other abutting property.

iv.

150 feet from any natural or manmade surface water body, watercourse or wetland.

e.

Perimeter landscape buffers shall be established prior to initiation of the excavating activity and shall meet the requirements of Article III of Chapter 8.

f.

The area and amount of material to be excavated in cubic yards. A discussion of the proposed method of excavation shall be provided.

g.

The proposed method of dewatering.

h.

The time, duration, phasing and proposed work schedule of the total project.

i.

A detailed reclamation plan, drawn to an acceptable scale, and program to be performed upon completion of the project. As a minimum, the plan of reclamation shall include:

i.

Time, duration, phasing and proposed work schedule of the reclamation.

ii.

Depiction of finished, stabilized, side slopes, including methods and plant materials proposed for use. For a wet excavation, a littoral zone is required to be established around the resultant water body. The specifications of said zone shall be determined in conjunction with the City's environmental management department. The establishment, to the fullest extent practical, of sinuous shorelines is required.

iii.

Landscape plan for the portion of the property disturbed by excavation and associated activities, including an inventory of plant/tree species to be used.

iv.

The resultant artificial water body shall comply with the standards established by the SJRWMD and other appropriate agencies. Said water bodies may be required to be stocked with fish. Ambient water quality testing may also be required.

v.

The reclamation plan must be approved by the Development Review Committee.

j.

A hydrogeologic report, prepared by a qualified engineer of hydrologist, of the proposed excavation site. Such a report shall, at a minimum, provide:

i.

A detailed description of subsurface conditions.

ii.

A groundwater contour map.

iii.

A map depicting the thickness and depths of material to be excavated.

iv.

A discussion of the environmental impacts of the proposed excavation, including but not limited to the impact of the proposed excavation upon existing area wells.

v.

A recommendation of the necessity to install monitoring wells.

k.

The proposed location of access points to the site and proposed haul routes for disposal of excavated material. Vehicular access to and from excavations shall be designated by the Council at the time of approval of the special exception.

l.

Proposed plans for fencing and signs.

m.

A statement from the applicant identifying all other federal, State and local permits required, if any.

(2)

The bottom of any reclaimed excavation should be graded to allow all water to drain to a sump area not less than 15 feet by 15 feet (225 square feet). The bottom of the excavation shall be graded in a fashion which will not cause water to accumulate in stagnant pools. The bottom of excavations shall be uniformly graded to prevent anoxic sinks.

(3)

Whenever the City determines that the use of any right-of-way designated by the applicant for ingress and egress to and from the excavation site will be subject to excessive deterioration resulting in the breakdown of the subsurface and base of such right-of-way, the applicant may be required to agree to provide the City with funds in the amount necessary to mitigate the adverse impact upon the right-of-way which is caused by the excavation operation and to ensure that said roadway is maintained in a satisfactory condition. In furtherance of this agreement, the excavator may be required by the City Council to post an acceptable performance bond, irrevocable letter of credit, or funds in escrow in the amount up to 100% of the estimated reconditioning costs, as estimated by the City Engineer.

(4)

All excavations, as applicable, shall be reclaimed in accordance with the rules of FDEP, Division of Resource Management, found in the Florida Administrative Code. The requirements of this Code shall not relieve a person from complying with the above said State rules, as applicable. Should the requirements of this Code conflict with said State rules, the stricter reclamation and restoration requirements shall govern.

(5)

All reclamation activities shall be initiated at the earliest possible date. Reclamation of the site concurrent with excavation activities is encouraged provided that the reclamation activities will not interfere with the excavating activity or if the excavating activity will damage the reclaimed areas.

(6)

All temporary structures shall be removed from the premises upon completion of the excavation activity unless said structures are of sound construction and are compatible with the reclamation goals. Said structures shall be accurately depicted upon the approved reclamation plan.

(7)

Whenever it is determined that reclamation of the excavation pit is required at the termination of the project in order to prevent soil erosion, adverse effects on maintained rights-of-way or natural drainage pattern, to protect the natural environment surrounding the excavation pit or to protect the character and value of surrounding property, the commission may require an acceptable performance bond, funds in escrow, or irrevocable letter of credit in the amount of 110% of the estimated cost of reclamation. Said cost shall be derived using the proposed plan of reclamation. Said bond or letter of credit shall be conditioned that the excavation and reclamation shall be in accordance with the approved plan.

(8)

No person may engage in the business of being an excavator until such person has secured an occupational license in accordance with the County occupational license requirements.

(9)

No excavator may excavate a parcel of land until he obtains an excavation permit issued by the Growth Management Department in accordance with the terms of this Code prior to any excavation being made on the property to be excavated.

(10)

The excavation shall not be used for the disposal of material generated off-site without prior approval from the environmental management department and the State Department of Environmental Protection and without obtaining all appropriate federal, State and local permits.

(11)

The excavation shall comply with the tree protection requirements specified in Chapter 8 and with the requirements of the City noise ordinance.

(12)

If upon the conclusion of public hearing(s), the special exception is approved, final site plan approval, as specified in Chapter 3 is required.

(13)

Off-site discharge is prohibited.

(14)

Any excavator shall be responsible for notifying the City and the Florida Department of State, Bureau of Historical Resources when human remains and/or artifactual materials are discovered. The City reserves the right to monitor the excavation activity and to prohibit such activity if artifactual materials and/or human remains are encountered.

(15)

All excavations shall use the most current best management practices (BMPs) so as to control erosion and limit the amount of sediment reaching surface waters. The City reserves the right to monitor the excavation activity and prohibit said activity if it is determined that said activity is responsible for off-premises erosion.

Golf courses, country clubs, swim clubs, tennis clubs, basketball, racquetball, pickle ball, frisbee golf, and similar uses are permitted, provided:

(a)

The total lot area covered with principal and accessory buildings shall not exceed 15%. No dwelling units shall be provided on the premises except for living quarters for a resident manager, watchman or caretaker. No principal or accessory building, swimming pool or tennis court or other type of sports related court shall be located less than 50 feet from any lot line.

(b)

No outdoor loudspeaker or call system shall violate Chapter 30, Article IV of the City's Code of Ordinances.

(c)

All artificial lights shall be directed away from adjoining properties.

(d)

Unless waived by the City Council, off-street parking areas meeting the requirements of Chapter 7.

(e)

No outdoor loudspeaker or call system shall violate Chapter 30, Article IV of the City's Code of Ordinances.

(f)

All artificial lights shall be directed away from adjoining properties.

(g)

Unless waived by the City Council, off-street parking areas meeting the requirements of Chapter 7.

A hazardous waste transporter facility may be permitted, provided that the use complies with the standards and regulations adopted by the State.

Houses of worship, cemeteries and parochial or private schools are permitted, provided:

(a)

No principal or accessory building shall be located less than 50 feet from any property line in agricultural and residential zoning classifications. Principal and accessory buildings for parochial and private schools shall also be located at least 50 feet from any property line in all applicable zoning classifications.

(b)

Unless waived by the City Council, off-street parking areas shall meet the requirements of Chapter 7.

(c)

Cemeteries shall comply with F.S. Chapter 497, including the minimum acreage requirements and any other applicable governmental regulations.

(a)

No special exception for the deposition of material is required by this Code for the following activities; provided that the activity does not violate any federal or State laws, rules, regulations or orders:

(1)

Normal farming operations/agricultural use.

(2)

Grading, filling, and moving of earth in conjunction with commercial, industrial, or subdivision construction, provided a development order or permit has been obtained.

(3)

Foundations and building pads for any building or structure; provided that a valid building permit has been issued by the Growth Management Department.

(4)

Minor landscaping projects provided they do not encroach in flood-prone areas as depicted on the flood insurance rate maps, promulgated by FEMA, or change the natural drainage pattern of the ground surface at the property line.

(5)

Exemptions contained in Rule 62-701.320(2), F.A.C.

(b)

The following requirements and conditions shall be met for landfills or other facilities as provided herein, subject to State Department of Environmental Protection permit approval:

(1)

Each application for a special exception shall be accompanied by plans, drawings, and information prepared by a State registered engineer depicting, at a minimum:

a.

Existing and proposed topography at 1-foot contour intervals. Such topography shall extend a minimum of 150 feet beyond the toe of slope of the landfill or facility.

b.

Wet and dry season water elevations and the existing surface drainage pattern.

c.

Notwithstanding any other minimum yard size requirements of this Code, the sides of a landfill or facility shall be set back the following minimum distances:

i.

125 feet from the right-of-way of any public street, road, or highway.

ii.

125 feet from abutting residential or mobile home classified property.

iii.

125 feet from any other abutting property.

iv.

125 feet from any natural surface water body, watercourse, or wetlands.

d.

Perimeter landscape buffers shall be established prior to initiation of the activity and shall meet the requirements of Article III of Chapter 8.

e.

A description of the area and volume of material to be filled.

f.

A description of the time, duration, planning, and proposed work schedule of the project.

g.

A detailed reclamation plan and program to be performed upon completion of the project. As a minimum, the plan of reclamation shall include:

i.

Time, duration, phasing and proposed work schedule.

ii.

Depiction of finished, stabilized sides.

iii.

Landscape plan for portion of property disturbed by landfill and associated activities, including an inventory of plant/tree species.

iv.

The reclamation plan must be approved by the Development Review Committee.

h.

The proposed location of access roads to the sites and proposed haul routes for material to be deposited. Vehicular access to and from the landfill or facility shall be designated by the City Council at the time of approval of the special exception.

i.

Proposed plans for fencing and signs. All proposed signs shall be consistent with Chapter 11. Notwithstanding the provision of Sec. 10.8, the landfill or facility shall be fenced in a manner approved by the City Engineer.

j.

A report prepared by a qualified engineer of the proposed landfill or facility site. Such a report shall at a minimum provide a detailed discussion of the environmental impacts of the proposed landfill or facility and a recommendation of the necessity to install monitoring wells.

k.

Evidence that the applicant has contacted the State Department of Environmental Protection, by certified mail with a copy of the return receipt to the growth management services group, and all other appropriate State and substate agencies, for the requisite permit. Such a landfill or other facility, as a condition of approval of the special exception, shall obtain a permit from the State Department of Environmental Protection.

(2)

Whenever the City Manager determines that the use of any right-of-way designated by the applicant for ingress and egress to and from the site will be subject to excessive deterioration resulting in the breakdown of the subsurface and base of such right-of-way, the applicant may be required to agree to provide the City with funds in the amount necessary to mitigate the adverse impact upon the right-of-way which is caused by the operation and to ensure that said roadway is maintained in a satisfactory condition. In furtherance of this agreement, the operator may be required by the City Council to post an acceptable performance bond, irrevocable letter of credit, or funds in escrow, in the amount up to 110% of the estimated reconditioning costs, as estimated by the City Engineer.

(3)

If upon completion of the public hearings the special exception is approved, final site plan approval, as specified in Chapter 3 is required.

(4)

The City Council as a condition of the approved special exception may further limit the types of materials that may be deposited in a landfill or facility.

(5)

Notwithstanding anything to the contrary within this Code, no landfill or facility shall exceed 25 feet in height above existing grade.

In addition to obtaining all SJRWMD, State, and federal permits, the following standards shall apply to marinas:

(a)

The site shall contain sufficient uplands to accommodate support facilities such as adequate parking, dry storage, work areas, stormwater management facilities, and other nonwater dependent uses.

(b)

Facilities shall be designed to maximize or improve water circulation patterns and shall not adversely affect existing circulation patterns.

(c)

Any buffer zones established by FDEP's Shellfish Environmental Assessment Section shall be maintained and where necessary, enhanced or expanded.

(d)

Prior to the operation of any new marina fueling facility or expansion of an existing facility, a fuel management/spill contingency plan shall be approved by the applicable governing authority. The plan shall describe methods to be used in dispensing fuel and all the procedures, methods, and materials to be used in the event of a spill.

(e)

In the event new boat slips are constructed, sewer pump-out service and facilities shall be available and accessible.

(a)

General requirements. The following regulations apply to both mobile home and mobile recreational vehicle parks:

(1)

Recreation area. There shall be at least one active recreational area. It shall constitute at least 5% of the total land area of the project. The recreation area shall be easily accessible to all residents of the project. Any recreational building shall be constructed in accordance with the applicable provisions of the, Statewide Emergency Shelter Plan of 2024, as amended by the Florida Department of Emergency Management.

(2)

Internal streets width. Required paving for two-way streets with no parking on street: 20 feet. An additional ten feet of right-of-way shall be provided if parking on one side of the street is permitted only. An additional 20 feet of right-of-way shall be provided if parking on both sides of the street is permitted.

a.

The additional right-of-way for parking purposes as herein provided is required to be paved.

b.

Streets shall be constructed of materials which meet the specifications of this Code.

(3)

Project entrances and exits. Entrances and exits shall be limited in number and, when combined, shall be separated with a landscaped median strip not less than five feet wide. There shall be no direct vehicle access from any space to any exterior street.

(4)

Water supply, sewage disposal and garbage and refuse handling. All mobile home and recreational vehicle parks shall comply with this Code regarding water supply and sewage disposal and the applicable provisions of the Florida Administrative Code regarding garbage and refuse handling.

(5)

Landscape buffer requirements. Landscaped buffer areas meeting the requirements of Chapter 8 shall be constructed.

(6)

Project perimeter setback. No structure shall be located within 30 feet of the project's perimeter.

(7)

Final site plan development order required. A final site plan development order for new parks and expansion of existing parks, meeting the requirements of Chapter 3, shall have been issued prior to commencement of construction. Prior to issuance of any building permit for any sale of the mobile homes in the park, construction of the required improvements shall have been completed in accordance with Chapter 10.

(8)

Skirting. The area between the ground and floor of the mobile home dwelling shall be enclosed with skirting.

(b)

Additional requirements for recreational vehicle parks.

(1)

Minimum project size: 10 acres.

(2)

Maximum recreational vehicle spaces at 8 dwelling units per acre.

(3)

Minimum recreational vehicle space size:

a.

Space area: 1,500 square feet.

b.

Space width: 30 feet.

(4)

Project perimeter setback: No recreational vehicle space, campsite or structure shall be located within 30 feet of the project perimeter.

(5)

Maximum building height: 35 feet.

(6)

Site-built cabins: one unit per 20 recreational vehicle or campsite spaces. In addition, the following requirements shall apply: Said cabins shall contain no plumbing, cooking or sanitary facilities, and contain a maximum of 220 square feet.

(7)

Park trailers are permitted and must comply with F.S. § 320.8325.

(8)

Park models.

(c)

Existing mobile home parks; compliance. Any subsequent construction or alteration that extends an existing mobile home park shall comply with the provisions of these regulations, including those provisions requiring a permit. No changes shall be made to the existing design of spaces or streets which increase their nonconformity. Subsequent changes to the basic design of existing spaces or streets which do not increase their nonconformity shall be permitted.

(Ord. No. 01-99, § 1(301.2(809.00)), 11-3-1999)

Outside entertainment in conjunction with bars and restaurants is permitted subject to the following:

(a)

There shall be a designated area that has direct access to the building containing the restaurant or bar and be placed in a visible location that is convenient for use by the general public.

(b)

The proposed use shall not negatively impact adjacent residential uses.

(c)

Outside entertainment shall conclude at 11:00 p.m. or normal closing time of the restaurant or bar, whichever is earlier.

(d)

The City Council may impose conditions limiting the number of days or times per week for outside entertainment if deemed necessary to ensure compatibility and consistency with code.

(e)

Adequate setbacks, screens, buffers and general amenities shall be provided to preserve compatibility with adjacent uses and to control adverse effects of noise, lights, and other nuisances, as regulated by this Code and the City's Code of Ordinances.

All outdoor storage, where allowed as a principal use, shall be screened from the rights-of-way and adjacent property. Such screening shall include a solid fence or wall six feet in height. Chain link or barbed wire fences may not be utilized to meet this requirement.

Retail sales from other than a store, shop, or similar building may only be permitted when located on the same lot as an existing retail business that is operating from an approved building; provided that the outside sales are subordinate and accessory to the existing business, it is conducted only by the owner or lessee of the premises, it is limited to the goods and services normally offered by the owner or lessee, it is consistent with the zoning for that parcel, it does not hinder required access to the premises, and it does not reduce the parking spaces to less than the required minimum. Outside sales on public rights-of-way, landscape buffers and vacant lots are prohibited.

The operation of outside service and consumption of alcoholic beverages at bars is allowed subject to the following:

(a)

Setbacks, screens, buffers and general amenities shall be provided to preserve internal and external harmony and compatibility with uses inside and outside the proposed development and to control adverse effects of noise, lights, and other nuisances.

(b)

The outside service area must be separated from public rights-of-way, sidewalks and other public areas, by fencing, screens, buffers or similar elements.

(c)

The proposed use shall not negatively impact adjacent residential uses.

(d)

The area shall have direct access to the building containing the restaurant or through a sidewalk network.

(e)

There shall be adequate parking for the outside seating area.

(f)

The license from the Division of Alcoholic Beverages and Tobacco and Bureau of Licensing shall include the outside service area.

(g)

A building permit shall be required for any exterior modifications to accommodate outside seating.

(a)

Package sewage treatment plants may be permitted provided that they are consistent with the Comprehensive Plan and meet all applicable State requirements and the following additional requirements:

(1)

Package sewage treatment plant structures shall not be located closer than 50 feet to adjoining lot lines.

(2)

Evaporation/percolation ponds shall not be located within 100 feet of adjoining lot lines, streets rights-of-way, the mean high-water mark of water bodies, or bulkhead lines.

(3)

Subsurface drainfields shall not be located within 50 feet of bulkhead lines or the mean high-water mark of the water bodies.

(4)

When spray irrigation fields are used, the minimum distance between said fields and adjoining lot lines, street rights-of-way, the mean high-water mark of water bodies, or bulkhead lines shall be determined on a case-by-case basis after due consideration of prevailing wind direction, average wind velocity, or other conditions that might carry sprayed effluent onto adjoining premises.

(5)

The package plant structures shall, in the absence of an appropriate natural vegetation screen, be visually screened from adjoining properties or street rights-of-way with an appropriate fence, decorative masonry wall, or plant materials.

(6)

Plants shall be designed to be transformed into a pump station when public central wastewater facilities are constructed to serve the area; provided that said availability is to be not more than ten years distant from the issuance of the development order/permit, except as provided for in paragraph (7) of this subsection.

(7)

Notwithstanding the provisions of paragraph (6) of this subsection, a package plant intended to correct any existing problem of public health, safety or welfare, may be permitted.

(b)

Package water treatment plants may be permitted providing they are consistent with the Comprehensive Plan and meet all applicable State requirements and the following additional requirements:

(1)

Package water treatment plant structures shall not be located less than 50 feet from adjoining lot lines.

(2)

Package water treatment plant structures shall, in the absence of an appropriate natural vegetation screen, be visually screened from adjoining properties or street rights-of-way with an appropriate fence, decorative masonry wall or plant material.

Private clubs are permitted provided:

(a)

No principal or accessory building, swimming pool or tennis court shall be located less than 50 feet from any lot line.

(b)

No outdoor loudspeaker or call system shall violate Chapter 30, Article IV of the City's Code of Ordinances.

(c)

All artificial lights shall be directed away from adjoining properties.

(d)

Unless waived by the City Council, the site must meet the off-street parking and landscaped buffer requirements of this Code.

(a)

Unless waived by the City Council, a landscape buffer meeting the requirements of Chapter 8 is required.

(b)

A final site plan meeting the requirements of Chapter 3 is required.

(c)

Package sewage treatment plants may be permitted, provided that they are consistent with the Comprehensive Plan and meet all applicable State requirements and the following additional requirements:

(1)

Package sewage treatment plant structures shall not be located closer than 50 feet to adjoining lot lines.

(2)

Evaporation/percolation ponds shall not be located within 100 feet of adjoining lot lines, streets rights-of-way, the mean high-water mark or water bodies, or bulkhead lines.

(3)

Subsurface drainfields shall not be located within 50 feet of bulkhead lines or the mean high-water mark of the water bodies.

(4)

When spray irrigation fields are used, the minimum distance between said fields and adjoining lot lines, street rights-of-way, the mean high-water mark of water bodies, or bulkhead lines shall be determined on a case-by-case basis after due consideration of prevailing wind direction, average wind velocity, or other conditions that might carry sprayed effluent onto adjoining premises.

(5)

The package plant structures shall, in the absence of an appropriate natural vegetation screen, be visually screened from adjoining properties or street rights-of-way with an appropriate fence, decorative masonry wall, or plant materials.

(6)

Plants shall be designed to be transformed into a pump station when public central wastewater facilities are constructed to serve the area, provided that said availability is to be not more than ten years distant from the issuance of the development order/permit, except as provided for in paragraph (7) of this subsection.

(7)

Notwithstanding the provisions of paragraph (6) of this subsection, a package plant intended to correct any existing problem of public health, safety or welfare may be permitted.

(d)

Package water treatment plants may be permitted providing they are consistent with the Comprehensive Plan and meet all applicable State requirements and the following additional requirements:

(1)

Package water treatment plant structures shall not be located less than 50 feet from adjoining lot lines.

(2)

Package water treatment plant structures shall, in the absence of an appropriate natural vegetation screen, be visually screened from adjoining properties or street rights-of-way with an appropriate fence, decorative masonry wall or plant material.

No buildings or structures, bleachers, dugouts, restrooms, concession stands, off-street parking areas or playing fields and courts shall be located less than 20 feet from any property line.

(Ord. No. 01-99, § 1(301.2(814.00)), 11-3-1999; Ord. No. 22-02, § 3, 12-11-2002; Ord. No. 02-12, § 2(Exh. A), 9-5-2012)

Self-storage facilities shall be designed and operated according to the following standards, and Sec. 5.38, when applicable:

(a)

No garage sales shall be conducted on the premises.

(b)

No businesses or business activity shall be conducted within storage units.

(c)

No storage unit shall be used as a dwelling unit.

(d)

No servicing or repair of motor vehicles, watercraft, trailers, lawn mowers and other similar equipment shall be conducted on the premises.

(e)

There shall be a minimum of 30 feet between self-storage facilities and mini warehouse buildings for driveway, parking and fire lane purposes.