1.

Planned development (PD) districts are of a nature involving a form of development not adapted to the schedule of district regulations. Boundaries for these districts shall be mapped on the official zoning map by amending action of the city commission. Within any zoning district now existing or which may hereafter be created, the city commission, upon receipt of a recommendation from the planning commission, may approve the use of a site, development, buildings, and development plans for specialized purposes where tracts determined to be suitable in location, area, and character for the uses and structures proposed are to be planned and developed as units. Suitability of such tracts for the plans and development proposed for the PD district shall be determined by consistency with the city comprehensive plan and the existing and prospective character of surrounding development. The city commission recognizes there are substantial public advantages to planned development. It is the intent of these regulations to promote and encourage development in this form, where appropriate in location and character, so as to further the purposes of the comprehensive plan.

2.

Within PD districts, regulations adapted to such unified planning and development are intended to accomplish higher purposes of zoning and other applicable development regulations to the degree in which regulations are intended to control development on a lot-by-lot rather than a unified basis; to promote economical and efficient land use; and to provide an improved level of amenities, appropriate and harmonious variety in physical development, creative design, and a better urban environment.

3.

The general intention of a PD is to provide for a unique/innovative development design. Unique and innovative design techniques shall be discussed between the applicant and staff at the pre-application meeting. Applicants shall use at least one unique/innovative design technique within their development. Examples of unique/innovative design techniques may include, but not limited, to the following: clustered lot layout, boulevard/landscaped entrances and streets, recreational facilities, natural resource/lakefront preservation, multiple vehicle and pedestrian connections to adjoining developments, various housing types, and mixed uses where permitted by the comprehensive plan.

These provisions shall apply generally to the creation and regulation of all planned development districts. Where there are conflicts between the PD provisions herein and general zoning, subdivision, or other land development regulations or requirements, these special regulations shall apply in PD districts.

For purposes of this chapter, a planned development is:

1.

Land under unified ownership and control planned and developed as a whole, in a single or a programmed series of development operations, including all lands and buildings, and within a specified time frame;

2.

For principal and accessory structures and uses substantially related to the character of the district and in compliance with the comprehensive plan;

3.

Based on a master plan(s) which include not only streets, utilities, lots or building sites, site plans, general floor plans, and typical elevations for all buildings as intended to be located, constructed, used and related to each other, and plans for other uses and improvements on the land as related to the buildings; and

4.

With a program for provision, operation and maintenance of such areas, facilities and improvements as will be for common use by some or all of the occupants of the district but will not be provided, operated or maintained at general public expense.

Planned development districts may hereafter be established by amendment to the official zoning map where tracts of land suitable in location and character for the uses and structures proposed are to be planned and developed as units, according to the requirements and procedures herein set forth. PD districts shall be appropriately located with respect to intended functions, to the pattern and timing of existing or proposed development in the city's comprehensive plan, and to public and private facilities, in compliance with the city's concurrency management system. The following specific requirements shall be met:

1.

Relation to major streets. PD districts shall be located with respect to planned or existing arterial or collector streets or provide direct access thereto without creating traffic along minor streets in residential neighborhoods outside the district.

2.

Relation to utilities, public facilities and services.

A.

PD districts shall be so located in relation to planned or existing sanitary sewers, water lines, storm and surface drainage systems, and other utility systems and installations that neither enlargement nor extension of such systems will be required in manner, form, character, location, degree, scale, or timing not in keeping with the provisions of the concurrency management system.

B.

Such districts shall be located with respect to planned or existing necessary public facilities (as for example schools, parks, and playgrounds in the case of planned developments of a residential character) as to have access to such facilities in keeping with the provisions of the concurrency management system.

3.

Physical character of the district site. The proposed PD district shall be suitable for development proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of soil, ground water level, drainage, and topography shall all be determined to be appropriate to both kind and pattern of use intended.

Petitions for PD amendments shall be submitted as for other zoning district amendments. All such petitions shall be accompanied by a fee to be set by the city commission to offset the cost of administration, publications, notices, and related activities required by this chapter and applicable provisions of the land development regulations. Materials submitted with the petition or on subsequent request by the planning commission or city commission shall include all plans, maps, studies, and reports which may be required to make the determinations called for in the particular case, with sufficient copies for necessary referrals and records.

1.

In particular, there shall be supplied a report identifying all property owners within the area of the proposed district and giving evidence of unified control of its entire area. The report shall state agreement of all present property owners:

A.

To proceed with the proposed development according to regulations existing when the map amendment creating the PD district is passed, with such modifications as are set by the city commission and agreed to by the petitioner at the time of amendment;

B.

To provide agreements, contracts, deed restrictions, and sureties acceptable to the city for completion of such development according to approved plans, and for continuing operation and maintenance of such areas, facilities, and functions as are not to be provided, operated, or maintained by general public expense;

C.

To establish a specified time frame for commencing and accomplishing the development; and

D.

To bind their successors in title to any commitments made under subsection 1.A, B, or C above.

2.

Petitioners shall submit a survey or surveys at a readable scale, indicating boundaries and ownership of all properties involved, ownership of adjoining properties, topography with contours at a maximum of two-foot intervals (except for parcels of 50 acres or more in which case five-foot contour intervals are acceptable for the concept plan), physical features, water, if any, conditions of soil, subsoil, other natural features and vegetative cover indicated in sufficient detail to describe suitability of the site for proposed uses and structures.

3.

Petitioners shall submit a master development plan at a readable scale related to the surveys and conditions above, which plan as submitted with the petition may be a preliminary general plan, to be developed and modified during further proceedings, into detailed final form. The preliminary plan shall indicate generally the approximate locations of all proposed buildings, typical building floor plans and elevation sketches and the uses intended for each building and of the total development; the approximate location and dimensions of all the streets, drives and parking and loading areas; open space designations (golf courses, parks and the like); recreational facilities and service areas, the neighborhood commercial service areas, if a part of this project; tabulations of total gross acreage in the development and percentages devoted to open space, impervious surfaces and other uses. If the petitioner deems it necessary, they may submit analysis comparing the proposed development in various aspects with conventional approaches to development.

1.

Specifically, the preliminary plans shall include but are not necessarily limited to:

A.

Title of the proposed preliminary planned development and the name of the developer and the professional project planner.

B.

Scale, date, north arrow, and general site location map, showing particular relationships to such external facilities as thoroughfares, shopping areas, cultural complexes, existing utilities and related land uses.

C.

A proposed major internal street or access plan for the site demonstrating proposed traffic flow to access points and thoroughfares outside the proposed development and relationships thereto, and any requirements for new streets or improvements that may be required outside the project as a result of the development of the project. The proposed major street plan should show the concept for internal access and traffic flow and how it is proposed to separate vehicular and pedestrian traffic within the project. The petitioner may submit as a part of this traffic concept plan such proposals as may be deemed necessary for a pedestrian system or otherwise for the movement of persons by means other than privately owned passenger vehicles.

D.

A general drainage plan for the development, related particularly to the city's master drainage plan.

E.

General plans for sanitary sewer, water, and other utilities and showing location of future connection to existing utilities that will serve the PD.

F.

Calculations of the projected potable water demand and sanitary sewage to be generated, solid waste to be generated, recreation demands, traffic generations - both background and on site, and drainage needs, all prepared using the city's adopted level of service standards as the basis for the projections.

G.

The plan shall show off-street parking arrangements as required elsewhere by these land development regulations. Actual individual spaces need not be delineated, but general areas and methods of treating off-street parking and off-street loading areas relative to the project development shall be illustrated.

H.

A statement showing in what respects the concept plan serves the public interest to a better degree than zoning currently on the property proposed for planned development.

I.

A statement showing the overall floor area for permitted principal and customary incidental uses proposed for the land area covered by the petition.

2.

In addition, and as part of the report described above, petitioners shall submit a preliminary plan for the development and detailed proposals in accord with the above provisions as a basis for specific agreements concerning plans, programs, or instruments or specific modifications of details of the PD or other zoning, subdivision, or other land development regulation(s), where it is alleged by the applicant that such modification serves public purposes to an equivalent degree.

Upon receiving petitions for PD amendments, the planning commission shall proceed in general as for other zoning amendments.

On request by petitioners, the administrative official and city staff shall meet with petitioners to review the PD application, including the report and the preliminary plan submitted with the report. The purpose of such pre-hearing conference shall be to assist in bringing the report, and the preliminary plan as nearly as possible into conformity with these or other regulations applying in the case, and/or to define specifically those variations from application of general regulations which would otherwise apply, which appear justified in view of equivalent service of the public purposes of such regulations.

At any time on request of the petitioner, public notice shall be given and hearings scheduled by the city clerk before the planning commission as for other amendments.

1.

The planning commission shall form a recommendation to the city commission on the petition. Such recommendations shall include findings:

A.

As to the suitability of the tract for the PD district proposed in terms of consistency with the city comprehensive plan, physical characteristics of the land, and its relation to the surrounding area and existing and probable future development;

B.

As to relation to major transportation facilities, utilities, public facilities, and services and compliance with the concurrency management system;

C.

As to adequacy of evidence of unified control and suitability of any proposed agreements, contracts, deed restrictions, sureties, or other instruments, or the need for such instruments or for amendments in those proposed;

D.

As to the suitability of preliminary plans or the desirability of amendments; and

E.

As to desirable specific modifications in PD or general regulations as applied to the particular case, based on determination that such modifications are necessary or are justified in the particular case upon demonstration that the public purposes of PD or general regulations as applied in the particular case would be met to at least an equivalent degree by such modifications.

2.

Based on such findings, the planning commission shall recommend approval of the PD amendment as proposed; approval conditioned on stipulated modifications; or disapproval.

1.

On petition for PD amendments and receipt of the planning commission's recommendation, the city commission shall proceed in general as provided for in other zoning district amendments. The city commission may grant the petition in accordance with the PD and general regulations may include such additional specific modifications of the PD or general regulations as recommended by the planning commission, or may deny the petition.

2.

If the city commission grants the PD amendment, in any form, the development shall be required to be in accord with final plans meeting the requirements of this chapter, as specifically supplemented or modified by the city commission in the particular case, and shall conform to time limitations established by the city commission on beginning and completion of the development as a whole or in specified stages or phases.

3.

Before development may proceed, all agreements, contracts, deed restrictions, and sureties shall be in a form approved by the city attorney. The city commission may approve preliminary plans in whole or in part or may indicate required changes and such approval or requirements shall be binding in determinations concerning final development plans.

1.

After lands are classified PD, no building permit or certificate of occupancy shall be issued unless and until the city staff shall have reviewed final plans and reports for the development as a whole or stages or portions thereof and they are deemed satisfactory in relation to total development. No structure or use other than as indicated in approved final plans and reports shall be permitted.

2.

Approval of final plans and reports shall be based on compliance with regulations applying at the time the land was zoned to PD status, including such specific modifications as made by the city commission in the amending action in accordance with regulations currently in effect. Upon approval of final plans and reports, building permits are to be issued in the same manner as for building permits generally, provided that any requirements concerning the order or location in which building permits are to be issued in the particular PD district shall be observed. Except as provided below, final plans and reports approved shall be binding on the petitioner and any successors in interest so long as PD zoning applies to the land.

Minor changes may be permitted by the planning commission on petition by the original petitioner or successors in interest, but only on a finding that such changes are in accord with all applicable regulations in effect at the time the final plan was approved and the general intent and purpose of the city comprehensive plan in effect at such time; provided, that the petitioner may elect to proceed in accord with the city comprehensive plan currently in effect. Changes other than as indicated above shall be made only by new PD or other amendments.

Action in connection with approval of final plans or major changes in approved plans require public notice and a hearing.

If development actions required in the amendment are not taken within time limits set, the planning commission shall review the circumstances and recommend to the city commission that:

1.

PD zoning for the entire area be continued with revised time limits;

2.

PD zoning be continued for part of the area with revised time limits, and the remainder rezoned to a category in compliance with the Comprehensive Plan; or

3.

The entire area be rezoned from PD to a category in compliance with the Comprehensive Plan;

4.

Such recommendations shall include proposals for appropriate action in respect to any legal instruments in the case.

1.

Residential density in a proposed PD shall not exceed the residential density allowed pursuant to the city's comprehensive plan.

2.

Nonresidential development within a PD shall not exceed a lot coverage of all building area of 50 percent of the total area within the PD.

3.

Any site or locale proposed to be developed as a residential PD shall contain a minimum of three acres.

4.

Any site or locale proposed to be developed as a nonresidential PD shall contain a minimum of 0.5 acres if within the CRA and three acres if located elsewhere within the city.

(Ord. No. O-18-05, 7-16-2018)

1.

Planning and development shall preserve and protect desirable natural features and protect against environmental damage. In particular, desirable existing trees and other vegetation shall be preserved, and along water fronts the disturbance of terrain or vegetation in a way which is likely to increase water erosion within or adjacent to the district shall be prohibited.

2.

The site plan shall provide for safe, efficient, convenient, and harmonious grouping of structures, uses, and facilities and for appropriate relation of space inside and outside buildings for intended uses and structural features. In particular, streets, drives, parking, and service areas shall provide safe and convenient access to dwelling units and project facilities, and for service and emergency vehicles, but streets shall not be so laid out as to encourage outside traffic to traverse the development on minor streets, nor occupy more land than is required to provide access as indicated, nor create unnecessary fragmentation of the development into small blocks, nor shall streets be so laid out or constructed as to require excessive cuts or fills or to interfere with desirable drainage in or adjacent to the district.

3.

Nonresidential uses and structures and their parking areas shall be oriented toward arterial or collector thoroughfares and away from adjacent minor streets in residential neighborhoods or from adjacent residential neighborhoods.

4.

The maximum impervious surface coverage permitted for all structures, paved parking areas, streets, and similar site improvements shall not exceed 60 percent of the district area or for individual parcels within the district.

Planned unit developments may be permitted in the transitional area, as delineated on the zoning map and adjacent to the CG district, upon recommendation by the planning commission, the city commission may allow, subject to the conditions herein.

The following uses may be allowed:

1.

Banks, financial establishments, offices, and similar uses.

2.

Medical and dental clinics, but not veterinary clinics.

3.

Institutional uses such as adult congregate living facility.

4.

Professional and business offices.

5.

Dance, art, and music studios.

6.

Two family detached or semi-detached dwellings subject to the requirements of the RG districts governing such use.

7.

Off-street parking areas only for passenger vehicles when restricted as follows:

A.

In connection with permitted commercial uses.

1.

Such areas shall be open for use only during customary business hours of such uses but in no case shall hours of operation be conducted between 7:00 p.m. and 7:00 a.m.

2.

Vehicular access shall be through the commercial district, and all driveways serving such parking areas shall be subject to approval by the city commission.

3.

Parking areas shall be properly drained, suitably surfaced, and provided with appropriate bumper guards where needed. All unpaved areas shall be suitably landscaped and properly maintained.

4.

All parking areas shall be enclosed with a solid wall not less than five feet high, provided that visibility clearance as required in the LDR shall be maintained at access points.

5.

All parking areas shall be used exclusively for parking related to the use for which the area was established and none shall be used for storage or parking of materials, equipment, supplies, truck or trailers owned or operated by or for any commercial use. No such parking area shall be used for display, sales, or service other than delivery of goods to customers' cars.

1.

Minimum frontage. Minimum frontage of 5th Street (US 17) shall be 125 feet. On all other streets, 60 feet.

A.

Limitations on vehicular access. Except for public service vehicles, there shall be no vehicular access to the property through any adjacent residential district.

B.

Site planning, limitations on operations. Site planning, design, and location of structures and open spaces and management of operations shall be such that orientation of commercial service, offices, and related activities is toward the frontage on U.S. 17. There shall be no sales, service, storage, or display of goods or garbage or trash storage, or collection or disposal facilities visible in any portion of the extension area from any portion of any adjacent residential district. Lighting of structures and premises in the extension area shall be so directed and shielded as to protect adjoining residential districts from the effects of nuisances.

2.

Yard requirements; buffering. Yards and structural buffering shall be provided to minimize the impact of the PD district on any adjoining residential district. The following minimum requirements may be increased:

A.

Yards adjacent to all streets shall be a minimum of 25 feet in depth within the PD district.

B.

Side yards adjoining lot lines with any adjacent residential use shall be a minimum of ten feet in minimum dimension.

C.

All minimum required yards provided in the PD district in relation to the extension shall be landscaped and maintained as is appropriate to the adjacent residential surrounding and shall not be used for off-street parking.

D.

To protect adjacent residential property from lights, noise, or undesirable views, walls a minimum of five feet in height shall be required around the extension boundaries but meeting all applicable residential minimum yard requirements.

The following regulations and requirements apply to planned developments primarily for housing:

1.

Planned development-housing, PD-H defined. A PD-H is defined for the purposes of this chapter as a planned development primarily for dwellings and related uses and facilities and containing not less than four acres of land area.

2.

PD-H districts, where permitted. PD-H districts may hereafter be established within areas currently classified residential in the land use element of the city comprehensive plan by amendments to the official zoning map in accordance with the provisions set forth generally for PD districts.

3.

Permitted principal and accessory uses.

A.

Principal uses permitted shall include dwellings, including residential design manufactured homes (RDMH), which may be single-family or two-family detached, semi detached or attached, and/or multi-family, churches, schools, parks and playgrounds and governmental structures. Manufactured housing development, containing RDMH and standard design manufactured homes (SDMH) shall be permitted provided however that all residential lots on the perimeter of the district shall contain only RDMH manufactured homes meeting all appearance criteria.

B.

Accessory uses permitted shall include only those which are customarily accessory and incidental to residential developments. Floor area devoted to accessory uses other than parking shall not exceed ten percent of residential floor area, and provided that in planned residential developments having 100 or more dwelling units, establishments for sale of convenience goods, personal and professional service establishments, and eating and drinking establishments shall be permitted as accessory uses. Such establishment shall be designed and scaled to meet only the requirements of occupants of dwelling units in the planned development and their guests, and there shall be no external evidence of such establishments visible from outside the planned development.

4.

Density. Maximum residential density is regulated by the comprehensive plan.

5.

Cattle grazing. In the PD-H zoning district the grazing of cattle is a permitted use until such time as final platting occurs on any part of the subject property. At the time of rezoning to PD-H the subject property must have been in use for agricultural purposes to include citrus, truck crops, farming or ranching. After approval to PD-H, the maximum number of cows per acre is 2.5. After a final plat is approved on the subject property, all cattle operations must cease within 60 days.

(Ord. No. O-13-03, § 1(Exh. A), 2-19-2013)

The following regulations and requirements apply to planned developments primarily for commercial uses.

1.

Planned development-commercial, defined. A PD-C is defined for the purposes of these regulations as a planned development (primarily for limited retail commercial services and related uses and facilities).

2.

PD-C districts, where permitted.

A.

PD-C districts may hereafter be established within areas classified commercial on the future land use map by amendments to the official zoning map in accordance with the provisions set forth generally for PD districts in division III, chapter 1, articles 5—8 above; except that the PD-C district may be considered as an extension of any other commercial zoning district for purposes of meeting minimum area rezoning requirements.

B.

Creation of PD-C districts will be permitted where retail commercial services and related uses are appropriate and will serve neighborhoods and areas. It is intended to permit the establishment of such districts only where limited retail commercial services and related uses are placed within a cluster of organized buildings, service and parking areas, and open space. A PD-C should minimize traffic congestion and points of conflict below that which would result from lot by lot commercial development along thoroughfares, and encourage stability and not adversely affect property values in surrounding neighborhoods.

3.

Reserved.

4.

Reserved.

5.

Maximum floor area ratio. Total floor area shall not exceed 30 percent of district area. Total floor area computation for determining compliance with the requirements shall include all gross floor area in permitted principal and accessory uses, whether involving commercial or service uses.

6.

Maximum impervious surface. Maximum impervious surfaces permitted for all land occupancy within the PD-C district shall be 65 percent.

7.

Market analysis. In addition to the development plan, a market analysis, prepared by a competent expert, shall be included. The analysis should show the need for a retail commercial and/or service use of the character and size proposed at the location requested and the inadequacy of present zoning to meet this need. The analysis shall include a determination of the primary trade area of the proposed business activity as related to the primary trade areas of related existing commercial facilities; the present and projected future population of the trade area; the effective buying power in the primary trade area which can be expected to utilize the proposed use; and the overall economic impact the proposed development will have on the city.

(Ord. No. O-18-05, 7-16-2018)

1.

PDRVP districts, where permitted.

A.

PDRVP districts may hereafter be established within areas currently classified agriculture on the future land use map, by amendments to the official zoning map in accordance with the provisions set forth generally for PD districts.

B.

Creation of PDRVP districts will be permitted where planned recreational vehicle parks with carefully organized sites, buildings, recreation facilities, open spaces, buffering, streets and related facilities will serve clearly demonstrated public need and protect stability and property values in surrounding land uses.

C.

PDRVP districts may only be established from preexisting CH districts adjacent to principal arterials, which are to be considered routes of tourist travel.

2.

Length of stay. In parks designated Route R, length of stay by a unit and its occupants on a site shall be limited to 30 days. No time limits for length of stay shall apply to parks designated destination (D).

3.

Hurricane shelter. All recreation vehicle parks shall be required to provide shelter space sufficient to meet the needs of the development's projected hurricane season population. Plans for such shelter will be reviewed by the Polk County Emergency Preparedness Director for sufficiency and compliance with current law prior to issuance of a development order for the recreational vehicle park.

4.

Site planning and improvement, internal relationships, limitations and requirements. Within the park, the site plan and improvements as built and maintained shall provide for facilities and amenities appropriate to the needs of users and safe, comfortable, convenient and sanitary use by occupants during all weather conditions to be reasonably expected during periods of occupancy. In particular:

5.

Minimum area and dimensional requirements of parks. Minimum area of a park: designated as a route (R) park, four acres; designated as a destination (D) park, eight acres.

6.

Minimum number of spaces to be available at time of issue of certificate of occupancy. At the time of issue of certificate of occupancy of any part of the park, all required facilities and improvements shall have been completed, and the minimum number of spaces available and ready for initial occupancy shall be 50.

7.

Maximum density. Maximum density shall not exceed 18 spaces per gross acre within the park.

8.

Recreation area. A minimum of eight percent of the gross area of the park shall be devoted to recreation area. Such recreation area may include space for common walkways and related landscaping in block interiors, provided that such common open space is a minimum of 20 feet in width, for use as passive recreation space. At least 50 percent of the total required recreation area shall be provided in larger tracts for facilities for active recreation, such as swimming pools or beaches, ball fields, shuffleboard courts, play lots for small children and the like, of a nature designed to serve the type of users anticipated, and so located above to be readily available from all spaces, and free from traffic hazards.

9.

Sanitary stations. Sanitary stations shall be provided in each park for the proper disposal of liquid wastes from the sewage holding tanks of recreational vehicles.

1.

Intent. Within areas classified business park on the future land use map of the Comprehensive Plan it is intended to permit, on application and approval of site and land use plans and amendment to the official zoning map, creation of Industrial Planned Unit Development, IPUD, districts where planned industrial parks are appropriate and will serve areas not already conveniently and adequately provided with such uses and services of the kind proposed.

2.

Maximum land coverage by all structures. The total land coverage by all structures shall not exceed 35 percent of the district area or for individual parcels within the district.

3.

Total floor area. The total floor area shall not exceed 40 percent of the district area. The total floor area computation for determining compliance with these requirements shall include all floor area in permitted principal and accessory uses, whether involving industrial or service uses.

4.

Maximum impervious surface coverage by all uses. The maximum impervious surface coverage permitted for all structures, paved parking areas, streets and similar site improvements shall not exceed 60 percent of the district area or for individual parcels within the district.

The purpose of this chapter is to permit a development procedure providing for modifications of minimum yard, lot area, and open space requirements allowing for the grouping of structures pursuant to a development plan. Such arrangements will promote more economic development of land, encourage residential dwelling variety, provide for creativity and originality in total subdivision and individual site design, and permit preservation of open space to serve recreational, scenic, and related public purposes.

1.

Cluster developments shall be permitted in residential zoning districts after city staff site plan review and recommendations, planning commission recommendations, and city commission approval. No advertised public hearings shall be required for such reviews and approvals. All requirements herein and all other applicable requirements of the subdivision regulations shall be met by the developer.

2.

For purposes of this chapter, wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or chapters, the requirements of this chapter shall govern.

1.

In residential districts permitting cluster developments, the minimum lot area and width may be reduced from that generally applicable in the district by as much as 40 percent in such cluster subdivisions. All lot area reduction amounts shall be combined to form an equivalent land area in clustered open space to be preserved and maintained for recreation, conservation, scenic, or related purposes.

2.

Minimum yard requirements in cluster subdivisions may be reduced but in no case shall they be less than the following dimensions for all districts:

A.

Front: 15 feet.

B.

Side: If provided, eight feet, however one or both side yards may be reduced to zero feet subject to zero lot line definition provisions.

C.

Rear: 20 feet.

3.

Yards in all lots on the perimeter of the cluster development site shall not be less than minimum requirements for the district. Additionally, the front yard setback for all lots fronting on public streets shall not be less than the front yard setback requirements of the district.

4.

In the approval of a cluster development, in no case shall the maximum density of the district be increased, nor shall the other applicable regulations or use restrictions for the district be modified or changed.

5.

Minimum size of cluster development: Four acres.

6.

Open space requirements.

A.

Open space in a cluster development shall be equivalent to the total land area reduction in lot sizes but in no case shall it be less than one acre.

B.

The land set aside as open space shall be provided in such a manner that it is usable for recreation, active and/or passive, or other activities and is accessible to all residents of the subdivision or, where the land has been dedicated to the city, to the public.

C.

If cluster open space is to be dedicated for public use it shall be protected by legal covenants, satisfactory to the city commission and city attorney, sufficient to assure its maintenance and preservation for whatever purpose it is intended. If open space is to remain private, then covenants or other legal arrangements shall specify ownership of the cluster open space, method of maintenance, responsibility for maintenance; maintenance taxes and insurance, compulsory membership and assessment provisions, guarantees that any association formed to own and maintain cluster open space shall not be dissolved without the consent of the city commission after review by the city attorney.

7.

Review criteria. In reviewing cluster development site plans, the city staff shall use the following criteria in addition to the above standards to determine if the particular petition qualifies for approval:

A.

The proposed cluster development will be served adequately by essential public facilities and services such as streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water, and sewer.

B.

Individual lots, buildings, streets, and parking areas shall be designed and situated to minimize alteration of the natural site features to be preserved.

C.

The usability of cluster open space intended for a recreation or public use shall be determined by the size, shape, topographic, and location requirements of the particular use proposed for the site.

D.

Cluster open space intended for a recreation or public use shall be easily accessible to pedestrians, with such accessibility meeting the needs of the handicapped and elderly.

E.

Diversity and originality in lot layout and individual building design shall be encouraged to achieve the best possible relationship between development and the land.

F.

Individual lots, buildings, and units shall be arranged and situated to relate to surrounding properties, to improve the view from and the view of buildings, and to lessen the land area devoted to motor vehicle access.

G.

Individual lots, buildings, units, and parking areas shall be situated to avoid the adverse effects of shadows, noise, and traffic on the residents of the site.

It is the intent of this article to encourage the provision of affordable housing in a general residential environment by permitting the use of RDMH as defined in division VIII, chapter I, in residential districts in which similar dwellings constructed on the site are permitted, subject to the requirements and procedures set forth herein to assure similarity and compatibility in exterior appearance between such RDMH and dwellings which have been constructed under these and other lawful regulations on adjacent lots in the same district.

Manufactured homes approved as RDMH, either individually or by specific model, shall be permitted in residential districts in which similar residential occupancy is permitted, subject to requirements and limitations applying generally to such residential use in the districts, including minimum lot, yard, and building spacing, percentage of lot coverage, off-street parking requirements and subject to the following additional requirements and limitations:

1.

Approved foundations required in residential districts. Where approval of homes or model plans do not also include approval of type of foundation, no RDMH shall be placed or occupied for residential use on a site in a residential district until such foundation plans have been submitted to and approved by the administrative official. Such approval shall be based upon the appearance and durability of the proposed foundation and its being acceptably similar or compatible in appearance to foundations of residences built or located on adjacent or nearby sites.

1.

Applications for approval of manufactured homes as RDMH shall be submitted to the administrative official in such form as may reasonably be required to make determinations. In particular, in addition to such information as is generally required for permits and as is necessary for administrative purposes, such applications shall include all information necessary to make determinations as to conformity with the standards below, including elevations or photographs of all sides of the manufactured home, exterior dimensions, roof pitch, exterior finish, and related features.

2.

Where there has been prior general approval of foundations proposed to be used, as provided in the standards below, detailed specifications or descriptions of such foundations shall not be required. Where it is proposed to use foundations not previously approved, specifications or descriptions shall be supplied in sufficient detail for determinations as provided in the standards below. Where type of foundation to be used is unknown at the time of application for RDMH determinations for models or individual manufactured homes, approval as RDMH may be granted if otherwise appropriate, but locations and use for residential purposes shall be subject to limitations in [section] 3.3.1.20 above.

Within seven days of receipt of the application and all required supporting materials, the administrative official shall make the determination as to conformity with the standards below, and shall notify the applicant of the approval, conditional approval, or denial of the application. Conditional approval shall be granted only where the conditions and reasons therefor are stated in writing and agreed to by the applicant, and such conditions shall be binding upon the applicant. In the case of disapproval, the reasons therefor shall be stated in writing.

The following standards shall be used in determinations of similarity in appearance between RDMH homes, with foundations approved as provided in the subsection, and compatible in appearance with site built housing which has been constructed in adjacent or nearby locations. In addition to meeting the following specific standards, no manufactured home to be approved as RDMH shall have windows or other features, or use exterior colors or color combinations, which would be incompatible in the general residential neighborhood in which it is to be located.

1.

Minimum width of main body. Minimum width of the main body of the RDMH as located on the site shall not be less than 20 feet, as measured across the narrowest portion. This is not intended to prohibit the offsetting of portions of the home.

2.

Minimum roof pitch; minimum roof overhang; roofing materials. Minimum pitch of the main roof shall be not less than 2½ feet to rise for each 12 feet of horizontal run and minimum roof overhang shall be one foot. In cases where site built housing generally has been constructed in adjacent or nearby locations with roof pitches less than 1:3 and/or roof overhangs are less than one foot, then the RDMH may have less roof pitch and roof overhang similar to the site built houses. In general, any roofing material, other than a built up composition roof, may be used which is generally used for site built houses in adjacent or nearby locations.

3.

Exterior finish; light reflection. Any material may be used for exterior finish which is generally acceptable for site built housing which has been constructed in adjacent or nearby locations, provided however that reflection for such exterior shall not be greater than from siding coated with clean white gloss exterior enamel.

4.

Approval of foundation.

A.

The administrative official may predetermine and establish general approval for specific types, varieties, or designs of foundations and veneer or screening materials to be used in connection with future installation of a RDMH.

B.

Such approval shall be based on determination of similarity in appearance to foundations for housing built on the site and on durability adequate to maintain such appearance with proper maintenance.

C.

Where approval is granted for foundations or screening in connection with applications on individual RDMH, the same type, variety, or design shall thereafter be construed to be generally approved.

D.

If the administrative official shall find that a specified type, variety, or design of foundation and/or screening which has been approved fails to maintain acceptable appearance with proper maintenance, he shall order necessary corrections and/or shall suspend or remove the type, variety, or design from the general approved listing, with reasons stated in writing.

5.

Site orientation of the manufactured home. RDMH shall be placed on lots in such a manner as to be compatible with and reasonably similar in orientation to the site built housing which has been constructed in adjacent or nearby locations.

6.

Garages, carports. In residential neighborhoods where adjacent to nearby site built homes include garages and/or carports, an RDMH shall be required to be provided with a garage and/or carport compatible with the RDMH and the site built garages and/or carports constructed in adjacent or nearby locations.

7.

Minimum floor area. RDMH shall be required to meet the minimum required floor area for the district in which it is located.

1.

Standard design manufactured (SDMH) homes, as defined in division VIII, chapter 1, shall be placed only in parks, subdivisions, condominiums, or residential planned unit developments, except as provided otherwise in this article.

2.

An SDMH may be used in any zoning district as a temporary office or shelter for materials or tools (but not for residential purposes except in cases where it can be demonstrated to the satisfaction of the administrative official that for security reasons such occupancy is necessary and essential and except as provided otherwise herein) incidental to construction on or development of the premises upon which the manufactured home is located; such use shall be strictly limited to the time construction or development is actively under way. In no event shall the use continue more than six months without further approval of the administrative official, and he shall give such further approval only upon finding that actual construction is continuing.

3.

Any agency of local, municipal, state, or federal government may utilize an SDMH for temporary public purposes in any zoning district, including a residential use when such is used for security purposes provided only one SDMH shall be permitted per site and all setback and other requirements for the district shall be met.

4.

Parks, condominiums; design requirements. In any district where manufactured home parks or condominiums are permitted, the following minimum standards shall apply:

A.

Minimum parcel area for park, or condominiums, eight acres; minimum width for portions used for entrances and exits, 100 feet; minimum width for portions used for residential purposes 200 feet.

B.

Minimum number of sites completed at time of first occupancy, 25. Developer shall submit plans for a minimum of 48 sites at time of first plan review. Final layout, water, sewer, streets, drainage, health, and other applicable plans for a minimum of 48 sites shall be submitted to the administrative official at the time of request for certificate of occupancy for the initial 25 spaces. These plans shall be approved by city staff and the agencies responsible for inspection prior to issuance of said occupancy certificate.

C.

Maximum density of sites per gross acre, six.

D.

Minimum area for individual manufactured home site shall be as follows: for single section, 4,500 square feet; for double section, 5,000 square feet.

E.

Minimum lot width shall be as follows: for single section, 45 feet wide; for double section, 50 feet wide.

F.

Manufactured homes shall be so located as to maintain a 14-foot minimum spacing between all homes and structural improvements regardless of the orientation. A ten-foot minimum rear yard and/or service area shall be maintained between the lot line and the manufactured home and other structural improvements. A 15-foot minimum yard shall be maintained between all streets, curbs, and the manufactured home and other structural improvements. Required yards at the edges of the park development shall be 20 feet, contain no accessory buildings, and be treated as front yards for the district.

G.

All residential lots on the perimeter of the development shall contain only RDMH meeting all residential design standards in accordance with this article; except, where a boundary of the proposed development abuts a boundary of another manufactured home park or condominium, or where a boundary abuts lands with no existing residential land uses, in which case the provisions contained in this paragraph shall not apply at the property lines of the bordering development. If the developer chooses, a 50-foot landscaped and structurally open buffer from the property line may be provided in lieu of RDMH. Such space may be vehicular oriented in character, such as a perimeter road or off-street parking. A third option available to the developer is a solid screening material such as a wood fence, or block wall, each of which shall be six feet in height, and placed ten feet back from the property line. The ten-foot setback area between the property line and solid screening shall be grassed and landscaped and maintained in good condition at all times. Such areas shall be undeveloped other than landscaping, contain no accessory buildings, and treated as front yards for the district.

H.

Direct vehicular access to the park or condominium shall be provided by means of an abutting improved public street. Each development shall be provided with one or more major interior thoroughfares for complete and uninterrupted traffic circulation within its boundaries. These major thoroughfares shall be directly related or connected to the major point or points of ingress and egress. Minor streets may extend from the major thoroughfares as necessary to serve the traffic circulation needs of the development. The following minimum requirements shall apply:

1.

Entrance or access streets or drives shall have a minimum of 24 feet wide driving surface with curbing as necessary for drainage control. If a median is provided for landscaping, lighting, or general beautification, it shall be a minimum of ten feet wide and there shall be not less than two one-way lanes, each with a minimum of 12 feet wide paved driving surface with curbing as necessary for drainage control for a total of a minimum 34-foot section.

2.

Major thoroughfares shall be provided as follows:

a.

For parks designed to accommodate 300 sites or more: 24 feet wide paved driving surface with curbing as necessary.

b.

For parks designed to accommodate between 48 and 299 sites: 22 feet wide paved driving surface with curbing as necessary.

c.

Should a park be designed for less than the minimum number of sites as stated above, but an expansion or extension for a total greater number of sites than applied for previously is requested, the developer or owner shall be required to upgrade such existing major thoroughfares to meet the above requirements as part of the expansion. No certificate of occupancy for the extension or expansion shall be issued until such improvements are complete.

[I.

Reserved.]

J.

Minor streets shall be those streets serving a minimum number of sites, clusters of sites, cul-de-sacs, parking bays, or similarly arranged manufactured homes within the overall plan. Minor streets shall be provided as follows with on street parking prohibited:

1.

Streets serving between 13 and 40 sites: 20 feet wide paved driving surface with curbing as necessary.

2.

Streets serving 12 or less sites: 18 feet wide paved driving surface with curbing as necessary.

3.

One-way streets serving less than 20 units: 12 feet wide paved driving surface with curbing as necessary.

4.

One-way street serving 21 or more sites: 14 feet wide paved driving surface with curbing as necessary.

5.

Streets other than those listed above: 20 feet wide paved driving surface with curbing as necessary.

K.

Cul-de-sacs shall have a minimum diameter of 90 feet with a minimum paved driving surface of 20 feet width and curbing as necessary on the perimeter of the cul-de-sac paved surface.

L.

Street intersection centerlines shall be a minimum of 100 feet apart if not directly opposite one another and shall be at right angles, except where other arrangements of intersections provide for equal or better movement of traffic.

M.

All streets shall be constructed to meet the minimum requirements of the subdivision regulations of the city and amendments thereof, except minimum widths as specified herein shall apply.

N.

Automotive parking shall all be off-street and in parking stalls or bays of ten feet by 20 feet minimum. Two off-street parking spaces shall be provided for each manufactured home. One such parking space shall be provided at each site. The second space may be located in parking bays not more than 150 feet from the site.

O.

Not less than ten percent of the gross site area shall be devoted to recreational facilities, including space for community buildings and community use facilities, such as guest parking, adult recreation and child play areas, and swimming pools.

P.

Major recreational facilities shall in general be centrally located (with satellite facilities in sub-areas of larger parks). Recreational facilities for small children shall, when practical, be separated from other recreational facilities.

Q.

Water and sewerage systems shall be provided and installed as required by the city.

R.

Anchor systems shall be provided according to state laws and construction safety standards in division IX, chapter E of the land development regulations.

S.

All improvements required above, including utilities, shall be installed and maintained at the expense of the developer.

In any district where manufactured home subdivisions are permitted, the following minimum standards shall apply:

1.

Minimum parcel area for a subdivision, four acres; minimum width for portions used for entrances and exits and for residential purposes, 200 feet.

2.

Minimum number of lots with complete site improvements at time of first occupancy, ten.

3.

Maximum density of lots per gross acre, six; minimum area for individual home lot, 5,000 square feet; minimum lot width, 50 feet.

4.

Required yards at the edge or boundary of the subdivision shall be 25 feet, contain no accessory buildings, and be treated as front yards for the district.

5.

All other required yards shall be as for the district in which the subdivision is permitted.

6.

All residential lots on the perimeter of the development shall contain only RDMH meeting all residential design standards in accordance with all applicable provisions of this article, except where the development borders another manufactured home subdivision, in which case the provisions contained in this paragraph shall not apply at the property lines of the bordering development. If the developer chooses, a 50-foot landscaped and structurally open setback from the property line may be provided in lieu of RDMH. Such space may be vehicular oriented in character, such as a perimeter road or off-street parking. A third option available to the developer is a solid screening material such as a wood fence or block wall each of which shall be a minimum height of six feet.

7.

All manufactured homes located within the subdivision shall be required to be supported - wheels, axles, and towing hitches shall be removed. No certificate of occupancy shall be issued by the administrative official until compliance with these regulations. In addition to meeting the above requirements and conforming to other regulations of the city, county, and state, the subdivision shall also conform to the applicable requirements as set out in division IV, chapter 2 of the land development regulations.

8.

Anchor systems shall be provided according to state laws and construction standards in division IX, chapter E of the land development regulations.

All manufactured housing developments shall be required to provide shelter space sufficient to meet the needs of the development's projected hurricane season peak population. Plans for such shelter(s) will be reviewed by the Polk County Emergency Preparedness Director for sufficiency and compliance with current law prior to issuance of a development order for the manufactured housing development.

It is the intent of the city commission of Eagle Lake to regulate the operations, locations, and conduct of sexually oriented businesses within the City of Eagle Lake in order to promote the health, safety, morals, and general welfare of the citizens of Eagle Lake. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment in their intended market.

Based on evidence and testimony presented at previous public hearings before the city commission of Eagle Lake, Florida, conducted pursuant to Florida Statutes, and on the findings incorporated in the Seattle Department of Construction and Land Use Report on Adult Cabarets (March, 1989), the Austin City Council Report on Adult Oriented Businesses in Austin (May, 1986), the Oklahoma City Community Development Department survey of real estate appraisers regarding Adult Entertainment Businesses (March, 1986), the Legislative Report of the Houston Committee on the Proposed Regulation of Sexually Oriented Businesses (November, 1983), the Beaumont, Texas Planning Department's Report on the Regulation of Adult Uses (September, 1982), the Phoenix Planning Department's Adult Business Study (May, 1979), the Amarillo, Texas Planning Department's Report on Zoning and Other Methods of Regulating Adult Entertainment in Amarillo (September, 1977), and "A Summary of a National Survey of Real Estate Appraisers Regarding the Effect of Adult Bookstores on Property Values," conducted by the Division of Planning, Department of Metropolitan Development, Indianapolis (January, 1984), the commission hereby finds:

1.

Establishments exist or may exist within Eagle Lake, Florida, where books, magazines, motion pictures, prints, photographs, periodicals, records, novelties and/or devices which depict, illustrate, describe, or relate to specified sexual activities are possessed, displayed, exhibited, distributed and/or sold;

2.

Establishments exist or may exist within Eagle Lake, Florida:

A.

Wherein the superficial tissues of one person are manipulated, rubbed, stroked, kneaded, and/or tapped by a second person, accompanied by the display or exposure of specified anatomical areas;

B.

Wherein dancers, entertainers, performers, or other individuals, who, for any form of commercial gain, perform or are present while displaying or exposing any specified anatomical area; or

C.

Wherein straddle dancing occurs.

3.

The activities described in subsections 2.A and 2.B occur at such establishments specifically for the purpose of making a profit, and, as such, are subject to regulation by Eagle Lake, Florida in the interest of the health, safety, morals, and general welfare of the people of Eagle Lake.

4.

When the activities described in subsections 2.A and 2.B above are present in such establishments within Eagle Lake, Florida, other activities which are illegal, immoral, or unhealthful tend to accompany them, concentrate around them, and be aggravated by them. Such other activities include, but are not limited to, prostitution, pandering, solicitation for prostitution, lewd and lascivious behavior, exposing minors to harmful materials, possession, distribution and transportation of obscene materials, sale or possession of controlled substances, and violent crimes against persons and property.

5.

When the activities described in subsections 2.A and 2.B above are present in establishments within Eagle Lake, Florida, they tend to attract an undesirable number of transients, blight neighborhoods, adversely affect neighboring businesses, lower real property values, promote crime, particularly the kinds detailed in subsection 4, and ultimately lead residents and businesses to move to other locations.

6.

Physical contact within such establishments at which the activities described in subsections 2.A and 2.B above occur between employees exhibiting specified anatomical areas and customers poses a threat to the health of both and promotes the spread of communicable and social diseases.

7.

In order to preserve and safeguard the health, safety, morals, and general welfare of the people of Eagle Lake, Florida, it is necessary and advisable for Eagle Lake, Florida, to regulate the location of establishments where the activities described in subsections 2.A and 2.B above in occur, and further, in order to preserve and safeguard the health, safety, morals, and general welfare of the people of Eagle Lake, Florida, it is necessary and advisable for Eagle Lake, Florida, to regulate the conduct of owners, managers, operators, agents, employees, entertainers, performers, and customers at establishments where the activities described in subsections 2.A and 2.B above occur.

8.

The potential dangers to the health, safety, morals, and general welfare of the people of Eagle Lake, Florida posed by permitting an establishment at which the activities described in subsections 2.A and 2.B above occur to operate without first obtaining a permit pursuant to this chapter are so great as to require the permitting of such establishments prior to their being allowed to locate or to operate in the city.

9.

The city commission finds, also, that "straddle dancing," while it may not contain any element of communication is therefore considered to be conduct rather than expression. "Straddle dancing" in establishments poses a potential threat to the health of the participants and promotes the spread of communicable diseases.

No sexually oriented business shall be permitted to operate without having first been granted an adult entertainment permit pursuant to this chapter.

The city manager is responsible for granting, denying, revoking, renewing, suspending, and cancelling adult entertainment permits for proposed or existing sexually oriented businesses. The chief law enforcement official of the city is responsible for providing information on whether an applicant has been convicted of a specified criminal act during the time period set forth in article 5, below, inspecting any proposed, permitted or non-permitted establishment in order to ascertain whether it is in compliance with applicable criminal statutes and ordinances, and for enforcing applicable criminal statutes and ordinances. The administrative official is responsible for ascertaining whether a proposed establishment for which a permit is being applied for complies with all locational requirements of article 4 of this chapter, all applicable land development regulations, including zoning, in effect in Eagle Lake, and the Eagle Lake Comprehensive Plan.

Any person desiring to operate a sexually oriented business shall file with the city manager three copies of a sworn permit application on a standard application form supplied by the city manager. The completed application shall contain, but not be limited to, the following information and shall be accompanied by the following documents:

1.

If the applicant is:

A.

An individual. The individual shall state his legal name and any aliases and submit satisfactory proof that he is 18 years of age; or

B.

A partnership. The partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and provide a copy of the partnership agreement, if any; or

C.

A corporation. The corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.

2.

If the applicant intends to conduct the establishment under a name other than that of the applicant, the establishment's fictitious name and the county of registration under section 865.09, Florida Statutes (1993), et seq.

3.

Whether the applicant or any of the other individuals listed pursuant to subsection 1. has, within the five-year period immediately preceding the date of this application, been convicted of a specified criminal act, and if so, the specified criminal act involved, the date of conviction and the place of conviction.

4.

Whether the applicant or any of the other individuals listed pursuant to subsection 1. has had a previous permit under this chapter suspended or revoked, including the name and location of the establishment for which the permit was suspended or revoked, as well as the date of the suspension or revocation, and whether the applicant or any other individuals listed pursuant to subsection 1 has been a partner in a partnership or an officer, director, or principal stockholder of a corporation whose permit under this chapter has previously been suspended or revoked, including the name and location of the establishment for which the permit was suspended or revoked, as well as the date of the suspension or revocation.

5.

Whether the applicant or any other individual listed pursuant to subsection I holds any other permits under this chapter and, if so, the name and locations of such other permitted establishments.

6.

The single classification of permit for which the applicant is filing.

7.

The location of the proposed establishment, including a legal description of the property and a street address.

8.

The applicant's mailing address and residential address.

9.

A recent photograph of the applicant.

10.

Either the applicant's driver's permit number or his state or federally issued identification card number.

11.

A certificate and straight-line drawing prepared by a Florida registered land surveyor depicting the property lines and the structures containing the established existing adult uses regulated by this chapter within 500 feet of the property to be certified and the property lines of any established church, school, child care facility, public recreation area within 450 feet, and any residential zoning district boundary within 150 feet of the property to be certified. For purposes of this section, an adult use shall be considered existing or established if it is in existence at the time an application is submitted. Applicants for a renewal permit shall be exempt from this requirement.

In the event the city manager determines or learns at any time that the applicant has not properly completed the application for a proposed establishment, he shall promptly notify the applicant of such fact and shall allow the applicant ten days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)

By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to exercise by the city of its respective responsibilities under this chapter.

Upon receipt of an application properly filed with the city manager and upon payment of the non-refundable application fee, the city manager shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the departments. Each department shall promptly conduct an investigation of the applicant, application, and the proposed establishment in accordance with its responsibilities summarized in section 3.4.2.20 of this chapter. At the conclusion of its investigation, each department shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, it shall so state its reasons.

A department shall disapprove of an application if it finds that the proposed establishment will be in violation of any provisions of any statute, code, ordinance, or regulation in effect in Eagle Lake. After its indication of approval or disapproval, each department shall immediately return the photocopy of the application to the city manager.

No adult bookstore, adult theater, special cabaret, physical culture establishment, or adult photographic studio may be established within 150 feet of any incorporated area in Eagle Lake zoned for residential use, including, but not limited to, residential portions of PD zoning districts, not within 450 feet of any church, school, child care facility, or public recreation area.

No adult bookstore, adult theater, special cabaret, physical culture establishment or adult photographic studio may be established within 300 feet of any other such regulated use.

Distances shall be measured from property line to property line, along the shortest distance between property lines, without regard to the route of normal travel. Nothing in this section shall be construed to permit the operation of any business or the performance of any activity prohibited under any other section of this chapter. Additionally, nothing in this chapter shall be construed to authorize, allow, or permit the establishment of any business, the performance of any activity, or the possession of any item, which is obscene under the judicially established definition of obscenity.

The city manager shall grant or deny an application for a permit within 21 days from the date of application submission, unless the application is improperly filed and/or incomplete, in which case it shall be returned to the applicant to properly complete the application. In such case, the 21-day time period shall recommence upon proper submittal of a complete application.

The city manager shall grant the application unless one or more of the criteria set forth in section 3.4.5.30 below is present. The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be read at any time.

The city manager shall deny the application for any of the following reasons:

1.

Any of the departments has disapproved of the application, and the city manager has determined that such disapproval is based on the criteria set forth in this chapter.

2.

The application contains materially false information.

3.

The applicant has a permit under this chapter which has been suspended or revoked.

4.

The granting of the application would violate a statute, ordinance, or court order.

5.

An applicant has been convicted of a specified criminal act for which:

A.

Less than two years has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; or

B.

Less than five years has elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

C.

Less than five years has elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are for two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period;

D.

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant;

E.

An applicant who has been convicted of a specified criminal act may qualify for a sexually oriented business permit only when the time period required by this subsection 3.4.5.30(5) has elapsed.

6.

If the application is denied, the city manager shall notify the applicant of the denial and state the reason(s) for the denial.

7.

If a person applies for a permit at a particular location within a period of 12 months from the date of previous application for a permit at the location, and there has not been an intervening change in the circumstances which will probably lead to a different decision regarding the former reason(s) for denial, the application shall be rejected.

The annual fee for a sexually oriented business permit shall be $750.00.

An applicant or permittee shall permit representatives of the city to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.

1.

Each permit issued pursuant to this chapter shall expire one year from the date of issuance and may be renewed only be making application as provided for in article 2. Application for renewal shall be made at least 30 days before the expiration date of the current permit. Applications for renewal filed when made less than 30 days before the expiration date of the current permit, shall be reviewed anew by the city manager as if the permit had never been issued.

2.

When the city manager denies renewal of the permit, the applicant shall not be issued a permit under this chapter for one year from the date of denial. If, subsequent to denial, the city manager finds that the basis for denial of the renewal permit has been corrected or abated, the applicant shall be granted a permit if not more than 90 days have elapsed since the date denial became final.

1.

In the event a city department learns or finds upon sufficient cause that a permitted adult entertainment establishment is operating in violation of any building, fire, health, or zoning statute, code, ordinance, or regulation, whether federal, state, or local, the department shall promptly notify the permittee of the violation and shall allow the permittee a seven-day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven-day period, the department shall notify the city manager, who shall forthwith suspend the permit, and shall notify the permittee of the suspension. The suspension shall remain in effect until the department notifies the city manager in writing that the violation of the provision in question has been corrected.

2.

In the event the city manager learns or finds upon sufficient cause that a permittee engaged in a permit transfer contrary to article 13, the city manager shall forthwith suspend the permit, and notify the permittee of the suspension. The suspension shall remain in effect until the city manager is satisfied that the requirements of article 13 have been met.

1.

The city manager shall revoke a permit if a cause for suspension in article 9 occurs and the permit has been suspended within the preceding 12 months.

2.

The city manager shall revoke a permit upon determining that:

A.

A permittee gave false or misleading information in the material submitted during the application process; or

B.

A permittee or an employee has knowingly allowed possession, use, or sale of controlled substances by an employee or patron of the premises, which possession, use, or sale has resulted in a conviction; or

C.

A permittee or an employee has knowingly allowed an employee or patron to engage in prostitution on the premises, which prostitution has resulted in a conviction; or

D.

A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended; or

E.

A permittee has been convicted of a specified criminal act for which the time period required in article 5 has not elapsed; or

F.

On two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the permitted premises of a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed.

3.

The fact that a conviction is being appealed shall have no effect on the revocation of the permit.

4.

When the city manager revokes a permit, the revocation shall continue for one year and the permittee shall not be issued a sexually oriented business permit for one year from the day revocation became effective. If, subsequent to revocation, the city manager finds that the basis for the revocation has been corrected or abated, the applicant may be granted a permit if at least 90 days have elapsed since the date the revocation became effective. If the permit was revoked under subsection 2.(E) above, an applicant may not be granted another permit until the number of years required under article 5 has elapsed.

1.

It shall be unlawful for any person to be an operator of a sexually oriented business if the person knows or should have known:

A.

That the establishment does not have an adult entertainment permit for any applicable classification;

B.

That the establishment has a permit which is under suspension;

C.

That the establishment has a permit which has been revoked or cancelled; or

D.

That the establishment has a permit which has expired.

2.

It shall be unlawful for an operator of a sexually oriented business, regardless of whether it is permitted under this chapter, to knowingly or with reason to know, permit, suffer, or allow any employee, and it shall be unlawful for any employee of a sexually oriented business:

A.

To engage in a straddle dance with a person at the establishment;

B.

To contract or otherwise agree with a person to engage in a straddle dance with a person at the establishment;

C.

To engage in any "specified sexual activity" at the establishment;

D.

To display or expose any "specified anatomical area" while simulating any "specified sexual activity" with any other person at the establishment, including with another employee; or

E.

To, while engaged in the display or exposure of any "specified anatomical area," intentionally touch any person at the adult entertainment establishment.

3.

It shall be unlawful for any person in a sexually oriented business to intentionally touch an employee who is displaying or exposing any "specified anatomical area" at the sexually oriented business.

Any decision of the city manager pursuant to articles 5, 9, and 10 of this chapter may be immediately reviewed as a matter of right by the circuit court upon the filing of an appropriate pleading by an aggrieved party. However, in no event shall such appeal be filed later than 30 days after the decision being appealed.

A permittee shall not transfer his permit to another person, and thereby surrender possession, control, and operation of the permitted establishment to such other person, unless and until such other person satisfies the following requirements:

1.

Obtains an amendment to the permit from the city manager which provides that he is now the permittee, which amendment may be obtained only if he has completed and properly filed an application with the city manager setting forth the information called for under article 2 and the application has been granted by the city manager; and

2.

Pays a transfer fee of 20 percent of the appropriate annual permit fee;

3.

No permit may be transferred when the city manager has notified the permittee that suspension or revocation proceedings have been or will be brought against the permittee;

4.

A permittee shall not transfer his permit to another location;

5.

Any attempted transfer of a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed abandoned and shall automatically revert to the city manager.

Adult bookstores, adult theaters, special cabarets, physical culture establishment, or adult photographic studios which have been legally established at their existing locations prior to the effective date of this chapter and which are not in conformity with the distance requirements of article 4 may continue to operate until September 7, 1999, which is five years after the establishment of the distance requirement. Thereafter, unless such adult bookstore, adult theater, special cabaret, physical culture establishment, or adult photographic studio conforms to the provisions of this chapter, it shall no longer be permitted to operate. If a nonconforming spacing situation can be eliminated by the abatement of one or more such establishments, the establishment which has been in business for the longest period of time shall be permitted to remain.

In addition to the criminal penalty provided for violation of this chapter in section 775.081, Florida Statutes (misdemeanors), et seq., adult bookstores, adult theaters, special cabarets, physical culture establishments, or adult photographic studios not in conformity with the requirements of this chapter are declared to be nuisances and the city manager or successor is authorized to bring appropriate civil action in the court of appropriate jurisdiction for their abatement.