This Section 4.1 identifies the standards that apply to individual principal uses. Section 4-2, Use Specific Standards for Accessory Uses and Structures, identifies standards applicable to individual accessory uses and structures. Section 4-4, Temporary Uses and Structures, identifies uses or structures allowed on a temporary basis, sets out general standards applicable to all temporary uses and structures, and sets out special standards that apply to particular temporary uses and structures. Standards in this Chapter 4 are supplemental to the requirements in a specific zoning district in Chapter 3: Zoning Districts, and to applicable standards in Chapter 5: Site Development Standards, Chapter 6: Signage, and Chapter 7: Natural Resources.

No structure, building, establishment or premises shall be occupied, used, or maintained for the purpose of the retail sale, service, or consumption of alcoholic beverages except in conformity with all applicable Village regulations, including this section, and with applicable state regulations.

A development shall include a single principal use per lot, with one or more accessory uses that are customarily incidental and subordinate to the principal use (e.g., home occupation as accessory to a dwelling, or administrative offices as accessory to a school, retail sales, or manufacturing use).

A.

Unless exempted in subsections B and C, below, all rezonings (zoning map amendments) that are five acres or greater in area shall only be approved and developed as a planned development district in accordance with the procedures and standards of this LDC.

B.

Village, County, or State Parks are exempt from subsection A, above.

C.

Public schools, places of worship, and religious facilities are exempt from subsection A, above. Permitting for these exempt uses is according to the use tables in Chapter 3: Zoning Districts

D.

See also section 4-212.A (all commercial development requiring a rezoning only developed as a planned development).

A.

The keeping, raising, or breeding of horses or other equines shall comply with the following standards:

1.Lots

shall comply with the standards in Table 4-203.A: Horse and Equine Lot Standards:

2.

Commercial stables are prohibited.

3.

The keeping, raising, or breeding of goats, sheep, and swine shall comply with the following standards:

A.

The animals shall not be kept or allowed to run within 100 feet of any residential dwelling unit under separate ownership, unless the property on which the dwelling unit is located is being used for bona fide agricultural purposes.

B.

Any building or other roofed structure for the keeping of animals shall be set back a minimum of 300 feet from any dwelling unit under separate ownership, unless the property on which the dwelling unit is located is being used for bona fide agricultural purposes.

C.

Keeping or raising any Vietnamese pot-bellied pigs shall be considered as agriculture and not personal pets.

B.

Dairy barns and commercial-scale poultry raising buildings are prohibited.

C.

U-pick operations shall provide sufficient off-street parking for all customers.

A.

An animal shelter shall provide service for domestic animals only.

B.

Where a facility is not completely enclosed and includes outdoor pens, cages, runs, or exercise facilities, the facility shall comply with the following standards in addition to the applicable regulations in the zoning district where it is located:

1.

Minimum lot area shall be two acres.

2.

Any pen, cage, run, or other outdoor exercise facility shall be set back a minimum of 200 feet from any abutting lot or parcel under separate ownership, or from any road right-of-way line or easement.

A.

An assisted living facility (ALF) shall be designed to be compatible with adjacent residential development.

B.

An ALF shall not be constructed within the coastal high hazard area, unless it complies with the hurricane preparedness impact mitigation provisions in section 7-505.A.5, Facilities Requiring Special Care, allowing the structure to function as a shelter.

C.

See section 10-302.B, Density Equivalents, for determining equivalent density when relating this use to dwellings.

A.

The minimum dimensional standards for an automotive service station shall be as follows, or in accordance with dimensional standards of the zoning district in which the service station is located, whichever is more restrictive:

1.

Minimum lot frontage: 150 feet.

2.

Minimum lot depth: 150 feet.

3.

Minimum lot area: 25,000 square feet.

4.

Minimum street setbacks for arterials or collectors: 50 feet.

5.

Minimum side setbacks:15 feet.

6.

Minimum rear setback: 20 feet.

B.

Minimum distance between service stations, convenience stores with gas, and superconvenience stores (with gas), measured from the nearest points on any lot or parcel of land to be occupied by automobile service stations, convenience stores with gas, and superconvenience stores (with gas), and any lots of existing or an approved automobile service station, convenience store with gas, or superconvenience store (with gas), shall be 500 feet, unless a deviation or variation is granted by the Village Council.

C.

Canopies shall:

1.

Be consistent with the architectural design and features of the principal structure.

2.

Be one color, or one color with an accent band in another color.

3.

Have a maximum clearance height of 15 feet above grade for fuel pumps, unless state or federal law requires higher clearance.

4.

Not be flat-roofed (flat-roofs are prohibited).

Bars shall:

A.

Be permitted only by approval of a special exception, bar special permit, or as a part of a planned development.

B.

Be permitted as a part of a restaurant that derives 50 percent or more of its revenue from food, or within the Transitional Mixed Use and Village Center land use classification of the FLUM of the comprehensive plan.

C.

Comply with the requirements of Section 4-4, Alcoholic Beverages.

A bed and breakfast shall comply with the following standards:

A.

The property owner or a member of the owner's immediate family shall live in the dwelling as a primary resident and manage the bed and breakfast.

B.

The maximum number of guest rooms is ten.

C.

The guest rooms may be within or attached to the principal dwelling or exist within or as a detached structure (e.g., above a detached garage).

D.

Guest stays shall not exceed two weeks in any one visit, and shall be rented on a per diem basis.

E.

No more than five nonresident persons may be employed on the premises.

F.

At least one additional parking space per guestroom available for rent shall be provided in addition to those required for the principal dwelling.

G.

There shall be no sign or other evidence of the bed and breakfast use except one sign not exceeding two feet by three feet in area. Such sign may be double-faced and illuminated, but not internally illuminated or back-lit.

H.

Other than the sign authorized in subsection G above, the dwelling and site shall be maintained and landscaped to eliminate outward signs of transient use, and shall be compatible with the surrounding neighborhood.

I.

See section 10-302.B, Density Equivalents, for determining equivalent density when relating this use to dwellings.

A brewpub or micro-brewery, -winery, or -distillery shall comply with the following standards:

A.

The minimum area of the eating, drinking, and entertainment area of the establishment shall be no more than 65 percent of the total square footage of the establishment, or a maximum of 5,000 square feet, whichever is greater.

B.

The establishment shall have fenestration through vision glass, doors, or active outdoor spaces along a minimum of 50 percent of the length of the building side that fronts the road.

C.

Facilities for off-site distribution of beer, wine, or liquor produced on the site shall only be allowed if conducted from the rear of the building, with adequate loading and access for the activity.

D.

Crushing, fermentation, and distillation operations shall be managed such that by-products are contained and disposed of in a way that does not result in spill-over impacts on adjacent property, public spaces, or public rights-of-way.

E.

Outdoor storage is prohibited.

Cemeteries or mausoleums shall comply with the following standards:

A.

Comply with all applicable state and federal regulations regarding the licensing and operating of cemeteries and mausoleums.

B.

Be located on a site with an area of at least one acre.

C.

If a cemetery, have direct vehicular access to and from an arterial or collector road. (Any vehicular access to or from any local road shall be located and designed to inhibit its regular use.)

D.

Include adequate space for the parking and maneuvering of funeral processions.

E.

Set back buildings at least 50 feet from property lines.

F.

If a cemetery is combined with a funeral home or mortuary, the combined uses shall comply with the standards applicable to each component use.

No college or university site shall be exposed to physical constraints, hazards, or nuisances which are detrimental to the health and safety of students and to the general operation of the college or university.

The following different commercial uses shall comply with the following standards.

A.

All Commercial Development. All commercial development requiring a rezoning (see section 2-501.C, Rezoning (Zoning Map Amendment) shall only occur through use of planned development districts.

B.

Minor Commercial Development.

1.

Minor commercial development consists of use types that provide convenience goods and services, such as: convenience food and beverage store without gas service; drugstore; grocery store or food market; laundry services; repair shop, household; personal services group I; personal services group I; and similar uses.

2.

Except as allowed in subsections 3 or 4 below, minor commercial developments shall not exceed 30,000 square feet in gross floor area, and shall be located either:

A.

Within 330 feet of the intersection of:

1.

A local and collector road; or

2.

A local and arterial road; or

3.

A collector and collector road; or

4.

A collector and arterial road; or

5.

An arterial and arterial road; or

B.

In a Residential Planned Development (RPD) District, if it is located and designed primarily to meet the commercial needs of the residents of the planned development.

3.

A minor commercial development that is included in and complies with the regulations of a mixed-use planned development (MPD) district, the Estero planned development (EPD) district, or a compact planned development is not subject to subsection 2 above.

4.

The Village Council may grant an exception approving a rezoning that does not comply with the location standards of subsection 2 above, if the development complies with Section 5-7, Architectural, Form, and Design Standards, does not promote a continuation of a strip commercial development pattern, and is otherwise consistent with the comprehensive plan.

C.

Neighborhood Commercial Development.

1.

Neighborhood commercial development consists of use types which allow the sale of specialty goods and personal services, such as: automotive service station; retail sales; convenience food and beverage store with gas service; convenience food and beverage store without gas service; drugstore; grocery store or food market; laundry services; repair shop, household; personal services group I; personal services group II; tobacco shop; vehicle and boat rental and sales; vehicle and boat repair and maintenance; and similar uses.

2.

All neighborhood commercial developments shall have a gross floor area of between 30,000 and 100,000 square feet, and be located at the intersection of an arterial and a collector road or two arterial roads so that direct access is provided to both intersecting roads (The direct access may be provided by an internal access road to either of the two intersecting roads.) "At the intersection" means no more than one quarter of a mile from the centerline of the intersection and shall include proper spacing of access points, unless excepted through the planned development rezoning process in accordance with this subsection.

3.

A neighborhood commercial development approved as part of a planned development may extend beyond one quarter of a mile of the intersection, if:

A.

Direct access from at least one of the arterial roads is provided to the development within ¼-mile of the intersection;

B.

An internal access road or frontage road provides access to the intersecting road, prior to occupancy of the planned development;

C.

All access points comply with the spacing standards in this LDC; and

D.

Any retail commercial use, including any outdoor sales, does not extend beyond one-half mile of the centerline of the intersection.

4.

The Village Council may grant an exception approving a rezoning for neighborhood commercial development that does not comply with the location and floor area standards of subsection 2 above, if the development complies with Section 5-7, Architectural, Form, and Design Standards, does not promote a continuation of a strip commercial development pattern, and is otherwise consistent with the comprehensive plan.

D.

Community Commercial Development.

1.

Community commercial development consists of use types allowed in neighborhood commercial development as well as additional use types such as: cinema or theater; laundry services; performance center; repair shop, household; recreational facility, indoor; recreational facility, outdoor; tobacco shop; tattoo or body piercing establishment; and similar uses.

2.

All community commercial development shall have a gross floor area of between 100,000 and 400,000 square feet, and be located at the intersection of two arterial roads so that direct access is provided to both intersecting roads. (The direct access may be provided by an internal access road to either of the two intersecting roads.) "At the intersection" means no more than one-quarter-of-a-mile from the centerline of the intersection and shall include proper spacing of access points, unless excepted through the planned development rezoning process in accordance with subsection 3 below.

3.

A neighborhood commercial development approved as part of a planned development may extend beyond one-quarter mile of the intersection, if:

A.

Direct access from at least one of the arterial roads is provided to the development within one quarter mile of the intersection;

B.

An internal access road or frontage road provides access to the intersecting road, prior to occupancy of the planned development;

C.

All access points comply with the spacing standards in this LDC; and

D.

Any retail commercial use, including any outdoor sales, does not extend beyond one-half mile of the centerline of the intersection.

4.

The Village Council may grant an exception and approving a rezoning that does not comply with the location and floor area standards of subsection 2 above, if the development complies with Section 5-7, Architectural, Form, and Design Standards, does not promote a continuation of a strip commercial development pattern, and is otherwise consistent with the comprehensive plan.

E.

Regional Commercial Development.

1.

Regional commercial development consists of uses types involving the sale of a full range of shopping goods, as well as uses allowed in a community commercial development.

2.

Except for the Coconut Point DRI, all regional commercial developments shall comply with the following:

A.

Have a gross floor area of between 400,000 and 1,000,000 square feet, and be located to provide direct access to two arterial roads. (The direct access may be provided by an internal access road to either or both of the two intersecting roads.);

B.

Except as allowed by subsection 3 below, extend no more than ¼-mile from the centerline of the intersection; and

C.

Properly space access points along the arterial roads to ensure safe and adequate access.

3.

A regional commercial development approved as part of a planned development located at the intersection of two arterials, may extend beyond ¼-mile of the intersection, if:

A.

Direct access from at least one of the arterial roads is provided to the development within ¼-mile of the intersection;

B.

An internal access street or frontage road provides access to the intersecting road, prior to occupancy of the planned development;

C.

All access points comply with the spacing standards in this LDC; and

D.

Any retail commercial use, including any outdoor sales, does not extend beyond ½-mile of the centerline of the intersection.

4.

The Village Council may grant an exception approving a rezoning for regional commercial development that does not comply with the location and floor area standards of subsection 2 above if the development complies with Section 5-7, Architectural, Form, and Design Standards, does not promote a continuation of a strip commercial development pattern, and is otherwise consistent with the comprehensive plan.

A community garden shall comply with the following standards:

A.

Be a maximum of one half acre in size.

B.

In zoning districts that allow residential uses, not use or operate power tools or portable mechanical equipment outdoors before 8:00 AM and after 7:00 PM.

C.

Use fertilizer, pesticide, insecticide, herbicide, or agricultural use chemicals consistent with label instructions and be in compliance with the fertilizer ordinance.

D.

Limit accessory buildings to sheds (for the storage of tools), greenhouses, seasonal farm stands, shade pavilions, and planting preparation houses, and ensure the combined area of all accessory buildings and other structures not exceed 5,000 square feet.

E.

Ensure buildings not exceed a maximum of 15 feet in height.

F.

Ensure all buildings have an impervious floor to catch chemical runoff.

G.

Limit areas for communal composting to 10 percent of the area of the parcel.

H.

Ensure any perimeter fences, including trellises, which are allowed, comply with the standards in Section 5-5, Fence and Wall Standards.

I.

Provide trash receptacles on site.

J.

Have an established set of operating rules addressing the governance structure of the garden, hours of operation, assignment of garden plots, and maintenance and security requirements and responsibilities.

K.

Have one sign that does not exceed six square feet in area and four feet in height, indicating the name of the community garden and the contact information of the principal operator, including the operator's name and current telephone number.

L.

Flowers, vegetables, or other crops grown at a community garden may be sold on-site if a temporary use permit is approved in accordance with section 2-505.C, Temporary Use Permit, prior to the sale. A maximum of eight events involving such sales may be scheduled each year. Each event shall not exceed two days. The land owner may obtain a single temporary use permit covering all events scheduled for the year. Proof of sanitary facilities shall be provided with a temporary use permit application.

A continuing care retirement community shall comply with the following standards:

A.

Age restrictions shall comply with the federal Fair Housing Act.

B.

The number of nursing care beds shall not exceed 20 percent of the total number of permitted dwelling units.

C.

The facility may include retail commercial uses as ancillary to the principal residential and healthcare uses.

D.

A minimum of 30 percent of the facility's land area shall be devoted to outdoor open space, indoor or outdoor recreation facilities, or indoor or outdoor social-oriented amenities, including community centers. Such areas shall be located so they are safely and conveniently accessible to community residents.

E.

Each outdoor area intended for active recreation shall have a minimum area of 5,000 square feet and a minimum side dimension of 50 feet.

F.

A new continuing care retirement community shall not be developed in coastal high hazard areas unless it complies with section 7-505.A.5, Facilities Requiring Special Care, allowing the structure to function as a shelter.

G.

See section 10-302.B, Density Equivalents, for determining equivalent density when relating this use to dwellings.

A convenience store without gas sales, and super convenience store shall comply with the following standards:

A.

The minimum dimensional standards shall be as follows, or in accordance with the dimensional standards of the zoning district in which the establishment is located, whichever is greater:

1.

Minimum lot frontage: 150 feet.

2.

Minimum lot depth: 150 feet.

3.

Minimum lot area: 25,000 square feet.

4.

Minimum street setback for arterials or collectors: 50 feet.

5.

Minimum side setbacks: 15 feet.

6.

Minimum rear setback: 20 feet.

7.

Minimum distance from a residential use or zoning district: 50 feet.

B.

Canopies shall:

1.

Be consistent with the architectural design and features of the principal structure.

2.

Be one color, or one color with an accent band in another color.

3.

Not have flat-roofs (flat roofs are prohibited).

C.

Minimum distance between automobile service stations, convenience stores with gas, and super convenience stores (with gas) measured from the nearest points on any lot or parcel of land to be occupied by automobile service stations, convenience stores with gas, and super convenience stores (with gas), and any lots of existing or an approved automobile service station, convenience stores with gas, or super convenience stores (with gas) shall be 500 feet, unless a deviation or variation is granted by the Village Council.

A.

Adult day care. An adult day care facility shall comply with all relevant state and federal laws.

B.

Child day care. A child day care shall comply with the following standards:

1.

Comply with all relevant state and federal laws.

2.

Have an outdoor play area that complies with the following:

A.

Includes a minimum size per State law.

B.

Has a fence that is at least four feet in height that completely encloses the play area.

C.

Is designed so all persons entering the play area are within direct line of sight from the child day care classroom areas.

D.

Does not locate play equipment within the required setback.

3.

Have parking areas and vehicular circulation patterns that comply with the following:

A.

Be designed to enhance the safety of children as they arrive at and leave the facility.

B.

Have a designated pickup and delivery area that is located adjacent to the child day care facility in such a way that children do not have to cross vehicular traffic to enter or exit the facility.

C.

Have a minimum of one parking space for every 20 children cared for that is provided in addition to the requirements for all day cares in section 5-204, Off-Street Parking Standards.

4.

Not conduct outdoor play activities after 7:00 p.m.

C.

Family day care home. A family day care home that is exempted in accordance with F.S. § 125.0109, does not require approval of a special exception.

(Ord. No. 2023-09, § 1, 12-6-2023)

A live-work dwelling shall comply with the following standards:

A.

The residential portion of the building shall not occupy over 60 percent of the gross floor area.

B.

The nonresidential portion of the building shall comply with all applicable nonresidential building code requirements.

C.

Employees shall be limited to occupants of the residential portion of the building plus up to three persons not residing in the residential portion.

D.

Drive-through facilities are prohibited.

Mobile home dwellings shall comply with the following standards:

A.

Be located on a permanent foundation and anchored, in accordance with state law and the F.A.C.

B.

Be permanently enclosed underfloor with removable skirting made of a durable material such as decorative block, concrete block, fiberglass, aluminum, or vegetation, but not junk doors or other scrap material. The skirting shall be maintained at all times by the resident.

C.

Remove all equipment related to the transportation of the mobile home dwelling.

D.

Be at least 20 feet wide.

E.

Not be located on lots smaller than five acres in the AG district.

F.

For all mobile home parks, provide an emergency shelter, which shall be a building of wood frame, metal, or CBS construction. The size of each emergency shelter shall be determined by using the total number of units and spaces multiplied by 2.4 (representing the average number of persons per household), multiplied by the shelter space requirement of 20 square feet of usable floorspace per person, and multiplied by the maximum estimated percentage of evacuating population that would use a shelter (45 percent), which would equal the total required size of the emergency shelter. In no case shall this section be interpreted to require construction of a shelter with less than 1,000 square feet of floor area. The shelter shall be elevated to a minimum height equal to or above the worst case Category 3 flooding level utilizing the National Weather Service Storm Surge Model, "SLOSH."

A.

Vertical Accessibility. Any multiple-family dwelling of at least three stories shall include an elevator accessible to residents.

B.

Uses Accessory to Multiple-Family Dwellings. Consumer goods establishments, convenience restaurants, drug store, personal services group I, and personal services group II are permitted as accessory uses to a multiple-family project when they are clearly subordinate to multiple-family development, if they comply with the following standards:

1.

The accessory use shall be totally within the buildings housing the multiple-family development;

2.

The accessory use shall occupy no more than (a maximum) of ten percent of the floor area of the multiple-family development; and

3.

Public access to the accessory use shall not be evident from any abutting street.

Funeral homes or mortuaries with crematories are only allowed in planned developments or by special exception in accordance with section 2-501.E, Special Exception.

An application for conversion from a golf course to a non-golf course use or uses shall comply with the following standards.

A.

General Standards.

1.

General

A.

A golf course not within an existing Planned Development or adjacent to an existing Planned Development shall be approved for conversion to non-golf course use only as a Planned Development pursuant to section 2-501.D, Planned Development, Section 3-7, Planned Development Districts, this section, and all other applicable sections of this LDC.

B.

A golf course that is within an existing Planned Development or adjacent to an existing Planned Development shall be reviewed as a major amendment to a Planned Development pursuant to section 2-501.D, Planned Development, Section 3-7, Planned Development Districts, this section, and all other applicable sections of this LDC.

C.

This section does not apply to an application for a use allowed under this code as a permitted, accessory, or special exception use for a golf course.

2.

Procedure. The following processes apply in addition to the procedure for adoption or amendment of a Planned Development in section 2-501.D, Planned Development.

A.

Application. The application shall be made on a form provided by the Director. It shall include detailed plans and elevations, including but not limited to location and function of proposed view corridors. The applicant shall provide a statement of the goals and objectives of the conversion, which shall become part of any village resolution or ordinance approving the conversion.

B.

Stakeholder Public Meeting.

1.

Prior to any public hearing on the application, the applicant shall conduct at least one public meeting directly with stakeholders. Stakeholders are defined as persons owning or residing in residences within 300 feet of any boundary of the golf course and members of any homeowners association that abuts the golf course.

2.

The applicant shall provide notice of the meeting to Director and stakeholders at least 10 business days before the meeting.

3.

The applicant shall provide stakeholders with its statement of goals and objectives of the conversion at the meeting, and facilitate a discussion regarding the statement and stakeholder concerns. The applicant shall also provide stakeholders with a conceptual plan of the proposed development, including locations and elevations of proposed uses, and locations of the preserve area, open spaces, and recreational uses. The applicant shall discuss measures it proposes to ensure compatibility with surrounding residential property.

C.

Time for Public Hearings. Public hearings on the application may be held only between October 16 and May 14 to allow adequate public input.

B.

Conversion Standards.

1.

Uses. All non-golf course uses proposed as part of the conversion of a golf course shall meet the following standards:

A.

The uses shall be compatible and complementary to the existing surrounding uses. For purposes of this section, surrounding uses shall mean uses within 300 feet of any boundary of the golf course.

B.

The uses shall have no adverse impacts on existing residential uses surrounding the golf course. The application shall include provision for view corridors that mitigate impacts to property owners of abutting residential properties.

C.

Recreation use available to the persons eligible to use the existing golf course before conversion, or to residents of abutting dwelling units, or to the general public are preferred non-golf course uses. These uses may include, for example, shared use paths, walking and biking trails, and observation decks. Recreational uses may also include more active recreational uses as, for example, swimming pools, dog parks, tennis or pickleball courts, and playgrounds.

D.

A minimum of 50 percent open space shall be included in the master concept plan for the area to be converted. Recreational uses set forth in paragraph C above. and preserve areas provided pursuant to subsection 2 below may be counted toward open space requirements.

2.

Preserve Areas. All PD Master Concept Plans shall include sufficient preserve areas in or abutting the existing golf course area to protect, after conversion, the converted area and abutting properties from the growth of exotic vegetation, potential fire hazard, vegetative overgrowth, and other nuisances. Lakes may not constitute more than 30 additional percent of the preserve area than exists prior to designation as the preserve area. Approval of the golf course conversion must include a condition incorporating a preserve area management plan providing for adequate maintenance of the preserve area in perpetuity by the applicant and its successors.

3.

Compatibility Review. Review of the application for conversion shall include an analysis of the compatibility of the proposed new uses with surrounding uses. Compatibility review of the application shall include, but not be limited to, consideration of the following.

A.

Lighting. All lighting shall be designed to reduce excessive glare, light trespass, and sky glow. At a minimum, lighting shall be directed away from neighboring properties and all light fixtures shall be full cutoff with flat lenses.

B.

Setbacks. All non-golf course uses, except for passive recreational use and preserve areas, shall be set back a minimum average of 70 feet from lands zoned for or used as residential uses, but in no case shall be less than 50 feet at any one location.

C.

Existing canopy trees shall be preserved and maintained unless necessary to provide infrastructure improvements or if approved as part of the preserve area management plan.

D.

Any other compatibility issue raised in the review of the application or in a stakeholder public meeting required by this section.

A hospital shall comply with the following standards:

A.

Be located on at least three acres of land.

B.

Either have direct vehicular access onto an arterial road, or otherwise demonstrate adequate ingress and egress to the site in its circulation plan.

C.

Have a minimum street frontage of 200 feet.

D.

Design vehicular access, circulation systems, and exterior signage to provide safe and separate emergency vehicle access to the hospital, with minimal conflicts with other vehicular or pedestrian traffic in the area.

E.

Locate the principal structure at least 100 feet from all property lines.

F.

Not develop a new hospital in a coastal high hazard area unless it complies with section 7-505.A.5, Facilities Requiring Special Care, allowing the structure to function as a shelter.

G.

If a new hospital or an addition to an existing hospital that adds 50 or more beds, be approved as a planned development or planned development amendment in accordance with section 2-501.D, Planned Development.

H.

See section 10-302.B, Density Equivalents, for determining equivalent density when relating this use to dwellings.

A hotel or motel shall comply with the following standards:

A.

The minimum dimensional standards shall be as follows, or in accordance with the dimensional standards in the zoning district where the hotel or motel is located, whichever is more restrictive:

1.

Minimum lot frontage: 100 feet.

2.

Minimum lot depth: 100 feet.

3.

Minimum lot are: 20,000 square feet.

4.

Minimum side setbacks: 20 feet for buildings with a maximum height of 35 feet; in addition, one half foot shall be added to each setback for every foot above 35 feet.

5.

Minimum rear setback: 20 feet.

B.

See section 10-302.B, Density Equivalents, for determining equivalent density when relating this use to dwellings.

Medical marijuana dispensaries are prohibited.

A nursing home shall comply with the following standards:

A.

Have direct vehicular access onto an arterial road, or otherwise provide adequate ingress and egress to the site.

B.

Include security provisions (e.g. fencing) that restricts patients from leaving the facility without authorization.

C.

Comply with all applicable state laws regarding licensing and operation.

D.

A new facility shall not be developed in coastal high hazard areas unless it is in compliance with section 7-505.A.5, Facilities Requiring Special Care, allowing the structure to function as a shelter.

E.

See section 10-302.B, Density Equivalents, for determining equivalent density when relating this use to dwellings.

An outpatient care facility shall comply with the following standards:

A.

Have direct vehicular access onto an arterial road or otherwise provide adequate ingress and egress to the site.

B.

Comply with all applicable state laws regarding licensing and operation.

C.

A new facility shall not be developed in coastal high hazard areas unless it is in compliance with section 7-505.A.5, Facilities Requiring Special Care, allowing the structure to function as a shelter.

Pet services shall comply with the following standards:

A.

Provide service for domestic animals only.

B.

Where a facility is not completely enclosed and includes outdoor pens, cages, runs, or exercise facilities, shall comply with the following minimum requirements in addition to the regulations of the zoning district where it is located:

1.

Minimum lot area: two acres.

2.

Set back any pen, cage, run or other outdoor exercise facility a minimum of 200 feet from any abutting lot or parcel under separate ownership, or from any road right-of-way line or easement.

A.

When in either the AG or RSF districts, a place of worship shall comply with the following standards:

1.

Minimum lot area: two acres.

2.

Minimum lot width: 100 feet.

3.

Minimum lot depth: 100 feet.

4.

Minimum front setback: 25 feet.

5.

Minimum side setbacks: 20 feet for all places of worship with a maximum height of 35 feet, and an increase of one foot for every three feet of height above 35 feet.

6.

Minimum rear setback: 20 feet.

7.

Minimum water body setback: 25 feet.

8.

Maximum lot coverage: 40 percent or the standard in the conventional zoning district, whichever is more restrictive.

9.

Height limitations shall not apply to any spire or single-story (one floor) portion of a structure.

B.

When in a Commercial District (CS, UCR, or CC), a place of worship shall comply with the dimensional standards of the district in which it is located.

C.

When a child day care is included as part of a place of worship:

1.

It is not required to receive approval of a special exception (see section 2-501.E, Special Exception), if it is owned by the place of worship and operated within a building housing the place of worship.

2.

It shall be compatible with adjacent uses in terms of hours of operation, noise, lighting, parking, traffic impacts, and similar considerations.

Aquatic centers, water slides, and similar water or aquatic uses generally included in the definition of an outdoor recreation facility are not permitted in the AG district.

A recycling drop-off center shall comply with the following standards:

A.

Be set back a minimum of 660 feet from any Residential district or residential development.

B.

Front on and have direct vehicular access to an existing road with sufficient capacity to accommodate the type and amount of traffic expected to be generated by the center.

C.

Confine all operations to the interior of a wholly enclosed building.

D.

Have no outdoor storage.

E.

Be kept clean and free from debris.

F.

Provide the Village the right to inspect the facility at any time for compliance with the applicable requirements of this LDC.

A.

A religious facility in an AG district shall comply with the following standards:

1.

Minimum lot area: two acres.

2.

Minimum lot width: 100 feet.

3.

Minimum lot depth: 100 feet.

4.

Minimum front setback: 25 feet.

5.

Side setbacks: between 20 and 40 feet, and a minimum of 10 percent of the lot width; and if a structure exceeds 35 feet in height, the side setback shall be increased on each side by an additional one-half foot for every foot of height over 35 feet. Where side setbacks over 30 feet would be required, the excess over 30 feet may be added to the opposite side setback, so that combined the two opposite sides achieve two times the side setback.

6.

Minimum rear setback: 20 feet.

7.

Minimum water body setback: 25 feet.

8.

Maximum lot coverage: 40 percent, or the standard in the zoning district facility is located, whichever is more restrictive.

9.

Height limitations shall not apply to a spire or single-story (one floor) portion of a structure.

B.

When in a Commercial district (CS, UCR, or CC), the religious facility shall adhere to the dimensional standards in the zoning district in which it is located.

Any restaurant (convenience, fast casual, fast food, or standard) must have an outdoor dog dining permit in order to allow patrons' dogs in outdoor seating areas. Each approved establishment is subject to the following conditions:

A.

All food service employees must wash their hands promptly after touching, petting, or otherwise handling dogs.

B.

Employees cannot touch, pet, or otherwise handle dogs while serving food or beverages or handling tableware or before entering other parts of the establishment.

C.

Patrons must be advised to wash their hands before eating. The establishment must provide waterless hand sanitizer at each outdoor table.

D.

Dogs must not come into contact with serving dishes, utensils, tableware, linens, paper products or any other items involved in food service operations.

E.

Dogs must be kept on a leash at all times and under reasonable control.

F.

Dogs must not be allowed on chairs, tables, or other furnishings.

G.

Table and chair surfaces and any spillage must be cleaned and sanitized with an approved product between seating of patrons.

H.

Accidents involving dog waste must be cleaned immediately and the area sanitized with an approved product. Establishments are required to keep a kit containing cleaning materials in the designated outdoor area.

I.

Signage reminding employees and patrons of adopted rules must be posted.

J.

Signage that places the public on notice that the designated outdoor area is available for the use of patrons and patrons' dogs must be posted.

K.

Dogs are not permitted to travel through any indoor or non-designated outdoor portions of the establishment. Ingress and egress to the designated, permitted, area cannot require entrance into or passage through any indoor area of the establishment.

L.

Subsections A through K above do not place limits on service animals as defined in F.S. ch. 413.

A fast food or fast casual restaurant shall comply with the following standards:

A.

The minimum dimensional standards shall be as follows, or in accordance with the zoning district dimensional standards in which it is located, whichever is more restrictive:

1.

Minimum lot frontage: 150 feet.

2.

Minimum lot depth: 150 feet.

3.

Minimum lot area: 25,000 square feet.

4.

Minimum street setback for arterials or collectors: 50 feet.

5.

Minimum side setbacks: 15 feet.

6.

Minimum rear setback: 20 feet.

B.

Canopies shall:

1.

Be consistent with the architectural design and features of the principal structure. Flat-roof canopies are prohibited.

2.

Be one color, or one color with an accent band in another color.

3.

Not be flat-roofed (flat-roofs are prohibited).

A.

Lawn and garden supplies as a part of a consumer goods and services use shall be set back at least 25 feet from all road rights-of-way or easements.

B.

Sale of fertilizer or compost as a part of a consumer goods and services use shall be limited to quantities for immediate use and kept at least 100 feet from any residential use.

An elementary, middle, or high school shall comply with the following standards:

A.

If an elementary school, have direct access to a local or collector road.

B.

If a middle or high school, have direct access to a collector or arterial road.

C.

Not be exposed to physical constraints, hazards, or nuisances which are detrimental to the health and safety of students, and to the general operation of the school.

A self-storage facility shall comply with the following standards:

A.

Be set back a minimum of 660 feet from the edge of any Residential district or residential development.

B.

If separate buildings are constructed, be separated by a minimum of ten feet between buildings.

C.

Only allow the following commercial uses on-site: the rental of storage bays and the pickup and deposit of goods or property in dead storage.

D.

Not use or allow the use of storage bays to manufacture, fabricate, or process goods, to service or repair vehicles, small engines, or electrical equipment, or conduct similar repair activities, to conduct garage sales or retail sales of any kind, or to conduct any other commercial or industrial activity on the site.

E.

Not allow private postal boxes for the purpose of assigning a legal address.

F.

Not have more than one security or caretaker quarters on the site, and if located on-site, ensure the security or caretaker quarters are integrated into the building's design.

G.

Except as otherwise authorized in this subsection, ensure all property stored on the site is enclosed entirely within enclosed buildings.

H.

If abutting a Residential district or existing residential development, limit hours of public access to between 6:00 A.M. and 10:00 P.M., or between other times set in an individual planned development.

I.

Where the establishment provides drive-up access to storage, ensure:

1.

Interior parking is provided in the form of aisleways adjacent to the storage bays. Aisleways shall be used both for circulation and temporary customer parking while using storage bays. The minimum width of aisleways shall be 21 feet if only one-way traffic is permitted, and 30 feet if two-way traffic is permitted.

2.

The one- or two-way traffic flow patterns in aisleways is clearly marked. Markings shall consist, at a minimum, of standard directional signage and painted lane markings with arrows.

3.

Appropriate access and circulation by vehicles and emergency equipment is achieved through the design of internal turning radii of aisleways.

4.

All access ways are paved with asphalt, concrete, or comparable paving materials.

J.

Ensure garage doors serving individual storage units are perpendicular to a public or private road so as to not be visible from adjacent roads.

K.

Ensure windows not exceed 30 percent of any road-facing façade and are not reflective.

L.

Use a maximum of two colors (excluding roof colors) on wall façades visible from off-site areas. Colors shall be neutral and not be used to call attention to the establishment.

M.

Not include metal as a primary material on perimeter or exterior walls visible from an arterial road or residential development.

N.

Not allow open storage of recreational vehicles, travel trailers, and dry storage of pleasure boats of the type customarily maintained by persons for their personal use.

O.

Only use neutral colors (not bright colors) on exterior doors and doors visible through transparent façade elements.

Any outdoor storage use shall not be larger than one acre in size.

Sexually oriented businesses, as defined Ch.22, Art. XIII, the Lee County Code of Ordinances, also known as the "Lee County Sexually Oriented Businesses Regulation Ordinance."

A.

Purpose. The purpose of this standard is to provide reasonable regulations to alleviate the adverse effect of sexually oriented businesses on adjacent and nearby uses of land.

B.

Prohibited Locations. No sexually oriented business shall be located closer than 1,000 feet, measured on a straight line, from:

1.

The closest wall of any building containing a similar use;

2.

Any district which allows residential uses; or

3.

Any hotel, motel, restaurant, school (noncommercial), day care center (child), park, playground, place of worship, religious facility, public recreation facility, cultural center, or hospital.

A.

A major utility is not required to comply with the minimum lot area standards for the zoning district in which it is located, if it complies with all other dimensional and intensity standards.

B.

Major utilities shall be set back at least 100 feet from any private property line.

A minor utility is not required to comply with the minimum lot area standards for the zoning district in which it is located, if it complies with all other dimensional and intensity standards.

Vehicle and boat rental and sales establishments shall comply with the following standards:

A.

There shall be no more than one vehicle display pad for every 100 feet of road frontage. A vehicle display pad shall not exceed 5,000 square feet in area and may be elevated up to two feet above adjacent displays or ground level.

B.

No vehicles or other similar items shall be displayed on the top of a building.

C.

No materials for sale or rent other than vehicles shall be displayed between the principal structure and the adjoining road.

D.

Vehicle storage space shall not exceed one acre.

E.

The storage or junking of wrecked motor vehicles (whether capable of movement or not) is prohibited.

Vehicle and boat repair and maintenance establishments shall comply with the following standards:

A.

Be located at least 200 feet from any Residential district, residential development, school, or child day care center.

B.

Conduct all sales and installation operations in a wholly enclosed building with no outdoor storage.

C.

Complete service activity on any motor vehicle within a seven day period, and not store any vehicle on the property for longer than this period of time.

D.

Not store, demolish, or junk any motor vehicles (whether capable of movement or not) on-site.

E.

Not park or store as a vehicle on site as a source of parts or for the purpose of sale or lease/rent.

A.

Exempt from additional wireless telecommunications use specific standards. The following is exempt from these wireless telecommunications standards:

1.

Maintenance of existing wireless communications facilities that do not include the placement or replacement of a wireless communications facility.

2.

Replacement or modification of antennas, ancillary appurtenances, or equipment enclosures with facilities of the same design, or narrower profile, the same size, or smaller, or otherwise not discernibly different in appearance, when viewed from ground level from surrounding properties, as the facilities being replaced;

3.

Wireless communications facilities erected upon the declaration of a state of emergency by a federal, state, or local government, if the Village Manager makes a determination of public necessity for the facility. (Wireless communications facilities exempt under this subsection shall be removed within 90 days of the termination of the state of emergency.)

4.

Collocation of antennas on existing antenna-supporting structures that:

A.

Do not increase the height of the existing structure, as measured to the highest point of any part of the structure or any existing antenna attached to the structure;

B.

Do not increase the approved ground wireless communication facility site; and

C.

Are of a design and configuration consistent with all of the applicable design and aesthetic regulations, restrictions or conditions, if any, applied to the first antenna placed on the structure or applied to the structure itself.

B.

Permissible locations. Broadcast antenna-supporting structures in excess of 250 feet within the AG district require approval of a variance (see section 2-506.A, Zoning Variance).

C.

Collocations.

1.

Collocations on an antenna-supporting structure shall comply with the following standards:

A.

Expansion of the wireless communications facility site area shall comply with the applicable height and setback requirements for principal structures in the zoning district in which it is located.

B.

The portion of the collocation that does meet the requirements for exemption set forth in subsection A above, is exempt from the variance requirement, and subject to building permit review.

2.

Collocations on an antenna-supporting structure shall comply with the following design restrictions:

A.

The collocation shall not increase the height of the existing structure, as measured to the highest point of any part of the structure, or any existing antenna attached to the structure;

B.

The collocation shall not increase the approved ground wireless communication compound area, if any; and

C.

All aspects of the collocation shall be of a design and configuration consistent with the requirements of section 4-243.F, Visual Impacts Minimized, below, and the applicable design and aesthetic regulations, and restrictions of conditions, if any, applied to the first antenna placement on the structure that does not conflict with the requirements of section 4-243.F, Visual Impacts Minimized, below. Regulations, restrictions, conditions, or permits applied to the first antenna placement or the structure that limit the number of collocations or require review processes inconsistent with this subsection shall not apply.

3.

Collocations on structures that will not meet all of the design restrictions of subsection 2 above shall be reviewed as follows:

A.

The portion of the collocation that complies with the design restrictions of subsection 2 above will be reviewed and decided by the Director.

B.

If the collocation involves only the expansion of the wireless communications facility site area, the expansion shall comply with the applicable height and setback requirements for principal structures in the zoning district in which it is located, and the setback and height requirements below.

D.

Permissible Antenna-Supporting Structures. Table 4-243.D: Permissible Antenna-Supporting Structure Heights, Locations, and Applicable Review Process, identifies maximum allowed heights of antenna supporting structures in the corresponding zoning classifications using the corresponding review processes identified in Table 4-243.D.

E.

District Impacts Minimized.

1.

Generally. Antenna-supporting structures shall be located in a manner that is consistent with the Village's interest in land use compatibility, within and between zoning districts.

2.

Siting Priorities. In order to justify the construction of an antenna-supporting structure, the applicant shall demonstrate that higher ranking alternatives identified below in order of higher rank to lower rank, do not constitute reasonable, compatible, or feasible alternatives. Such demonstration shall include a statement of position, qualifications, and experience by a qualified radio frequency engineer.

A.

Collocated or combined antennas.

B.

Surface-mounted antennas.

C.

Roof-mounted antennas.

3.

Proliferation Minimized.

A.

No antenna-supporting structure shall be permitted unless the applicant demonstrates that the proposed antenna cannot be accommodated on an existing building, structure, or antenna supporting structure.

B.

Documentation of the following may be submitted to demonstrate compliance with subsection A above:

1.

That no existing buildings or structures within the geographic search area meets the applicant's radio frequency engineering requirements;

2.

That no building or structure within the geographic search area has sufficient structural strength to support the applicant's radio frequency engineering requirements; or

3.

That there are other radio frequency engineering factors that render surface-mounted, roof-mounted, or collocated wireless communication facilities unfeasible.

4.

Zoning Districts Prioritized. In order to justify locating a proposed antenna-supporting structure within a zoning district lower in the hierarchy below, the applicant shall adequately demonstrate that siting alternatives within higher ranked districts, identified below in order of higher rank to lower rank, are not reasonable or feasible. This demonstration shall include the submission of a statement of position, qualifications, and experience by a qualified radio frequency engineer.

A.

Industrial;

B.

Commercial;

C.

Agricultural;

D.

Recreational Vehicle;

E.

Residential (including Mobile Home);

F.

Community Facilities;

G.

Environmentally Critical.

F.

Visual Impacts Minimized.

1.

Generally. Antennas shall be configured in a manner that is consistent with the character of the surrounding neighborhood and development, and shall be of a color that blends with the structure to which it is attached, so that adverse visual impacts on adjacent properties are minimized. Antenna concealment screening shall also be used, when possible.

2.

Monopole Design Required. Unless approved as either a roof-mounted or surface-mounted facility, all antenna support structures shall be a monopole, with all transmission cable/wiring concealed inside.

3.

Antenna Type Priorities. In order to justify the use of an antenna-type lower in the hierarchy as outlined below in this subsection, the applicant shall adequately demonstrate that higher ranked alternatives identified below in order of higher rank to lower rank, are not reasonable or feasible. This demonstration shall include the submission of a statement of position, qualifications, and experience by a qualified radio frequency engineer:

A.

Flush-mounted;

B.

Panel;

C.

Whip;

D.

Dish.

4.

Camouflage, Screening, Taping, and Placement.

A.

Color. Antenna-supporting structures and ancillary appurtenances, including transmission lines, shall maintain a galvanized gray finish or other contextual or compatible color as determined by the Director, except as otherwise required by the FAA or FCC.

B.

Fencing. The developer of a wireless communication facility shall install a fence or wall not less than eight feet and not more than ten feet in height from finished grade, to enclose the base of the antenna-supporting structure and equipment enclosures associated with any wireless communication facility. Access to the antenna-supporting structure shall be controlled by a locked gate. The fence shall be constructed in accordance with Section 5-5, Fence and Wall Standards. Not more than three strands of barbed wire, spaced six inches apart, may be allowed above the fence.

C.

Landscaping.

1.

A landscaped buffer of at least ten feet in width shall be planted along the entire exterior perimeter of the required fence or wall. Where the proposed antenna-supporting structure will be located adjacent to a residential or public recreational use, or a lot in the RSF or RPD districts, or any residential lot in any other district, the landscaped buffer shall be at least 15 feet in width.

2.

A buffer required by this section shall contain sabal palms planted ten feet on center, and a double hedge row of native shrubs. The development shall also comply with the requirements of Section 5-4, Landscape Standards. The hedge shall be maintained at a minimum height equivalent to the fence height. Notwithstanding the above planting requirements, where the proposed antenna-supporting structure will be located adjacent to a residential lot, public recreational use, or right-of-way, the landscaped buffer shall include six feet in height native canopy trees planted ten feet on center, instead of the sabal palms.

3.

Where these regulations would require existing facilities to meet current landscape requirements, the Director may reduce or eliminate such requirements if the Director determines that the requirements would be unreasonable, or infeasible, or would otherwise be inequitable under the circumstances. The Director's decision is discretionary and may not be appealed. (Applicants may apply for a variance from the landscaping requirements, see section 2-506.A, Zoning Variance.)

D.

Other Facilities.

1.

Roof-mounted facilities shall be camouflaged by a parapet or other device, or otherwise situated so as to screen its visual impact along each sight line.

2.

Transmission lines placed on the exterior of a building shall be camouflaged or otherwise shielded within an appropriate material that is the same color as, or a color consistent with, the building to which they are attached.

3.

Surface-mounted antennas shall be placed no less than 15 feet from the ground and, where proposed for placement on a building, shall be camouflaged or otherwise shielded within an appropriate material that is the same color as, or a color consistent with, the building to which they are attached.

E.

Taping. The developer of a wireless communication facility shall install taping around the antenna-supporting structure in conformance with the following:

1.

The tape shall be six-inch 3m Diamond Grade(tm) VIP Reflective Sheeting, series 3990.

2.

The taping shall start at 20 feet above surface.

3.

The taping shall be at ten-foot intervals.

4.

The tape shall be wrapped around the support pole and overlap by one inch for a good seal.

G.

Setback Development Regulations.

1.

New Facilities. All new antenna-supporting structures shall meet the setback requirements for the zoning district in which they are proposed to be located, or be a distance equal to their overall height from all lot lines of the property on which they are proposed, whichever is greater. A monopole with internal antennas shall be setback a distance equal to one-half of its overall height from all lot lines of the property on which it is proposed, unless a greater distance is required as a condition of the approval or a variance is granted.

2.

Replacement Facilities. No replacement facility within the approved compound area shall be placed closer to a lot line than the wireless communication facility it is replacing.

3.

Ancillary Appurtenances. Ancillary appurtenances, and equipment enclosures shall meet the minimum setback requirements for the zoning district in which they are proposed, as well as those set forth in section 10-304.B, Allowable Modifications of Required Setbacks.

H.

Height.

1.

Roof-mounted antennas, attachment devices, equipment enclosures, or ancillary appurtenances may be placed on commercial, institutional, light industrial, and multi-family buildings at least 35 feet in height and shall not extend more than 20 feet above the roofline of the building on which they are attached.

2.

Collocations shall not increase the existing overall height of an antenna-supporting structure.

3.

In all other cases, the overall height of an antenna-supporting structure shall not exceed 149 feet, except as provided below:

A.

FCC-approved AM broadcast antenna-supporting structures shall not exceed 250 feet in overall height.

B.

All other FCC-approved broadcast antenna-supporting structures shall not exceed 500 feet.

4.

The overall height of ground-mounted equipment or equipment enclosure shall not exceed 12 feet.

5.

Antenna-supporting structures proposed within a designated notification height boundary of a private aircraft or helicopter landing facility, as specified on the Airspace Notification Map, will be limited to the height specified by that boundary, according to the proposed facility's distance from the runway or landing facility.

I.

Construction.

1.

Type of Construction. Broadcast facilities may utilize lattice or guyed antenna-supporting structures. All other wireless facilities are limited to monopole antenna-supporting structures.

2.

Accommodation of Future Collocations.

A.

Antenna-supporting structures shall be designed to accommodate future collocations.

B.

The applicant shall submit a shared use plan that commits the owner of the proposed antenna-supporting structure to accommodating future collocations where reasonable and feasible in light of these standards.

3.

Lighting.

A.

Except for security lighting and site lighting, other types of lights, signals or illumination will only be permitted on an antenna-supporting structure or ancillary appurtenances where lighting is required by the FAA, FCC, the Village, or the Lee County Mosquito Control District.

B.

Security lighting and site lighting may be placed in association with an approved equipment enclosure. Site lighting shall remain unlit except when authorized personnel are present at the facility. Security lighting and site lighting shall be shielded to prevent light trespass.

C.

All antenna-supporting structures 150 feet or greater in height above ground level shall be artificially lighted and maintained in accordance with the technical requirements of the FAA's current Advisory Circular 70/7460-1K, Obstruction Marking and Lighting, as amended, or other appropriate aviation authority. Unless pre-empted by FAA or FCC regulations, all lighting shall be approved in conjunction with the development order for the facility.

D.

If the height of a structure under construction equals or exceeds the height at which permanent obstruction lights are required by the FAA or FCC, temporary high or medium intensity flashing lights shall be installed at that level in accordance with Advisory Circular 70/7460-1K, Obstruction Marking and Lighting, as amended.

4.

Notice of Commencement of Construction.

A.

Forty-eight (48) hours before commencing construction of an antenna-supporting structure, and within 48 hours after the antenna-supporting structure construction reaches its maximum height, the Village of Estero, the Lee County Port Authority, the Sheriff's office, Emergency Medical Services, the local fire district, and the Lee County Mosquito Control District shall be notified by the entity constructing the antenna-supporting structure. Notice shall include the location of the antenna-supporting structure tied to the state plane coordinate system for the Florida West Zone (North American Datum of 1983/1990 Adjustment).

B.

A permit will not be issued if the proposed construction or alteration is found to violate the provisions of this LDC, or any other applicable Federal or State rules or regulations.

5.

Floor Area. Floor area shall not exceed 400 square feet per antenna array without approval of a special exception (see section 2-501.E, Special Exception). Floor area shall be calculated based on the total impervious surface associated with an equipment enclosure.

J.

Signage.

1.

Signs on antenna-supporting structures, ancillary appurtenances, equipment enclosures, or on any fence or wall are prohibited unless permitted in accordance with this subsection.

2.

If high voltage is necessary for the operation of proposed wireless communications facilities, "High Voltage-Danger" and "No Trespass" warning signs not greater than one square foot in area shall be permanently attached to the fence or wall at intervals of not less than 40 feet and upon the access gate, or as otherwise required by the FAA or FCC.

3.

A sign not greater than one square foot in area shall be attached to the access gate that includes the following information:

A.

Federal registration number, if applicable;

B.

Name of property owner, facility owner, providers, and contact person; and

C.

An emergency contact number for the contact person.

K.

Wireless Facilities in Public Rights-of-Way.

1.

Intent and Purpose.

A.

The intent and purpose of this subsection K is to:

1.

Promote the public health, safety, and welfare by providing for the placement and maintenance of communications facilities in the public rights-of-way within the Village;

2.

Adopting and administer reasonable rules and regulations not inconsistent with state and federal law, including, but not limited to, F.S. § 337.401, the Federal Communications Act of 1934, as amended, and other state and federal laws.

3.

Establish reasonable rules and regulations necessary to manage the placement or maintenance of communications facilities in public rights-of-way by communications services providers; and

4.

Minimize disruption to the public rights-of-way.

B.

In regulating the Village right-of-way, the Village shall be governed by and shall comply with all applicable federal and state laws.

2.

Registration for Placing or Maintaining Small Wireless Facilities in Public Rights-of-Way.

A.

A communications services provider, communications facility provider, or pass-through provider that desires to place or maintain a communications facility in public rights-of-way in the Village shall first register with the Village in accordance with this subsection K. This subsection K provides no right of access to the public rights-of-way for persons other than communications services providers, or businesses other than those providing communications services. Other uses of the public rights-of-way reasonably related to the provision of communications services may be allowed in the reasonable discretion of the Village.

B.

A registration shall not convey any title, equitable or legal, to the registrant in the public rights-of-way. Registration governs only the placement or maintenance of communications facilities in public rights-of-way. Other ordinances, codes, or regulations may apply to the placement or maintenance of communications facilities other than those located in public rights-of-way. Registration does not excuse a registrant from obtaining appropriate access or pole attachment agreements before locating its facilities on the Village's or another person's or business's facilities. Registration does not excuse a registrant from complying with all applicable Village ordinances, codes, or regulations, including this subsection K.

C.

Each communications services provider, communications facility provider, or pass-through provider that desires to place or maintain a communications facility, including without limitation, a collocation, in public rights-of-way in the Village, shall file an application for a single registration with the Village which shall include the following information:

1.

Name of the registrant;

2.

Name, address, and telephone number of the registrant's primary contact person and the person to contact in case of an emergency;

3.

Evidence of the insurance coverage required under this subsection K and acknowledgement that the registrant has received and reviewed a copy of this subsection K, which acknowledgment shall not be deemed an agreement; and

4.

The number of the registrant's certificate of authorization or license to provide communications services issued by the Florida Public Service Commission or the FCC. A registrant proposing to place or maintain a wireless communications facility operating on a spectrum licensed by the FCC shall supply the file number of the FCC license authorizing such wireless service.

D.

The Village shall review the information submitted by the applicant. Such review shall be by the Director. If the applicant submits information in accordance with subsection C above, the registration shall be effective and the Village shall notify the applicant of the effectiveness of the registration in writing. If the Village determines that the information has not been submitted in accordance with subsection C above, the Village shall notify the applicant, in writing, of the non-effectiveness of registration and reasons for the non-effectiveness. The Village shall respond to an application for registration within 30 days after receipt of registration information. Non-effectiveness of registration shall not preclude an applicant from filing subsequent applications for registration under the provision of this subsection K. An applicant has 30 days after receipt of the notice of non-effectiveness of registration to file an administrative appeal as provided in subsection 8 below.

E.

A registrant may cancel a registration upon written notice to the Village stating that it will no longer place or maintain any communications facilities in public rights-of-way within the Village and will no longer need to obtain permits to perform work in public rights-of-way. A registrant cannot cancel a registration if the registrant continues to place or maintain any communications facilities in public rights-of-way.

F.

Registration does not in and of itself establish a right to place or maintain, or the priority for the placement or maintenance of a communications facility in public rights-of-way within the Village but shall provide the registrant with the right to apply for a permit. Registrations are expressly subject to any future amendment to or replacement of this subsection K and are further subject to any additional Village ordinances, as well as any state or federal laws that may be enacted.

G.

A registrant shall renew its registration with the Village every five years. Within 30 days of any change in the information required to be submitted pursuant to subsection C above, a registrant shall provide updated information to the Village. If no information in the then-existing registration has changed, the renewal may state that no information has changed. Failure to renew a registration may result in the Village restricting the issuance of additional permits until the communications services provider has complied with the registration requirements of this subsection K.

H.

An effective registration shall be a condition of obtaining a permit for the placement of communications facilities or utility poles that support small wireless facilities within public rights-of-way in accordance with subsection 4 below.

3.

Notice of Transfer, Sale, or Assignment of Assets in Public Right-of-Way.

A.

If a registrant transfers, sells, or assigns its assets located in public rights-of-way incident to a transfer, sale, or assignment of the registrant's assets, the transferee, buyer, or assignee shall be obligated to comply with the registration requirements of subsection C above. Written notice of any such transfer, sale, or assignment shall be provided by such registrant to the Village within 20 days after the effective date of the transfer, sale, or assignment. If the transferee, buyer, or assignee is a current registrant, then the transferee, buyer, or assignee is not required to re-register. If the transferee, buyer, or assignee is not a current registrant, then the transferee, buyer, or assignee shall register as provided in subsection 2 above within 60 days of the transfer, sale, or assignment. If permit applications are pending in the registrant's name, the transferee, buyer, or assignee shall notify the Village that the transferee, buyer, or assignee is the new applicant after the requirements of subsection C above have been satisfied.

B.

The Village does not have the right to approve or deny registrants' asset transfers or assignments to communications services providers operating at least one communications facility within the Village, and the failure to comply with this subsection 3 does not void any such asset transfer or assignment. The Village reserves the right to exclude persons or entities other than communications services providers or pass-through providers from its rights-of-way. Transfers or assignments of a communications facility to persons or entities other than a communications services provider or pass-through provider who will operate at least one communications facility within the Village requires compliance with this section to insure continued use of the public rights-of-way.

4.

Permit Application.

A.

A permit shall be required for the placement or replacement of any communications facilities, including collocations, within the public rights-of-way, and for the placement or replacement of utility poles that support small wireless facilities within the public rights-of-way, except as provided in subsection B below. An applicant seeking to collocate small wireless facilities may, at the applicant's discretion, file a consolidated application and receive a single permit for the collocation of up to 30 small wireless facilities.

B.

A permit shall not be required for the following:

1.

The maintenance, repair, replacement, extension, or upgrade of existing aerial wireline communications facilities on utility poles or for aerial wireline facilities between existing wireline communications facility attachments on utility poles by a communications services provider.

2.

Routine maintenance or repair work, including, but not limited to extensions of such facilities from the public right-of-way into private property for providing communications services to an identifiable customer or group of customers.

3.

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

4.

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 public rights-of-way.

C.

Notwithstanding subsection B above, a permit shall be required for work that involves excavation, closure of a sidewalk, or closure of a vehicular lane or parking lane, unless the provider is performing emergency service restoration on an existing facility and the work is done in compliance with the 2017 edition of the FDOT Utility Accommodation Manual, in which case an after-the-fact permit must be obtained if a permit would have originally been required to perform the work undertaken in public rights-of-way due to the emergency. The term "emergency" means a condition that affects the public's health, safety, or welfare, which includes an unplanned out-of-service condition of a pre-existing facility.

D.

The installation of a utility pole in the public rights-of-way that is not used to support a small wireless facility is not governed by this subsection K, and shall remain subject to the general rules and regulations governing the placement of structures in the public rights-of-way.

E.

A permit application shall include the following:

1.

The location of the proposed communications facility or utility pole, including a description of the facilities to be installed, where the facilities are to be located, and the approximate size of the facilities that will be located in public rights-of-way;

2.

A description of the manner in which the proposed communications facility or utility pole will be installed (i.e., anticipated construction methods or techniques);

3.

If applicable, a statement indicating whether the proposed communications facility will permit collocation;

4.

A maintenance of traffic plan for any disruption of the public rights-of-way, in accordance with standards promulgated by FDOT;

5.

Information that identifies all at-grade or aerial structures including, but not limited to, light poles, power poles, equipment boxes, and antennae existing in the public rights-of-way in the Village within a 50-foot radius of the proposed facility;

6.

A timetable for construction of the project or each phase thereof, and the areas of the Village that will be affected;

7.

Whether all or any portion of the proposed communications facility or utility pole will be rented, hired, leased, sublet, or licensed from or to any third party and, if so, the identity, and contact information of the third party;

8.

If appropriate, given the communications facility or utility pole proposed, a certified estimate of the cost of restoration for the public rights-of-way, subject to approval by the Village; and

9.

Such additional information as the Village finds reasonably necessary, with respect to the placement or maintenance of the communications facility or utility pole that is the subject of the permit application, to review such permit application.

5.

Standards for Placement or Maintenance of a Communications Facility or Utility Pole in Public Rights-of-Way.

A.

A registrant shall at all times comply with and abide by all applicable provisions of state and federal law and Village ordinances, codes, and regulations in placing or maintaining a communications facility or utility pole in public rights-of-way.

B.

Communications facilities providers and pass-through providers understand and acknowledge that the Village strongly favors strengthening utility infrastructure, in particular as it relates to flooding and hurricane-related events. Subject to any applicable regulatory approval, communications facility providers and pass-through providers shall adopt and implement an infrastructure hardening plan for any facilities located within the Village.

C.

To the extent not otherwise prohibited by state or federal law, the Village shall have the power to prohibit or limit the placement of new or additional wireless support structures within a particular area of public rights-of-way.

D.

All communications facilities and utility poles shall be placed or maintained so as not to unreasonably interfere with the use of the public rights-of-way by the public and with the rights and convenience of property owners who adjoin any of the public rights-of-way. The use of trenchless technology (i.e., directional bore method) for the installation of facilities in the public rights-of-way, as well as joint trenching or the collocation of facilities in existing conduit, is required. The Village may promulgate reasonable rules and regulations concerning the placement or maintenance of a communications facility in public rights-of-way consistent with this subsection K and other applicable law.

E.

All safety practices required by applicable law or accepted industry practices and standards shall be used during the placement or maintenance of communications facilities and utility poles.

F.

The registrant shall notify the Village prior to commencement of construction in the right-of-way and upon completion of the work.

G.

After the completion of any placement or maintenance of a communications facility or utility pole in public rights-of-way, or each phase thereof, a registrant shall, at its own expense, restore the public rights-of-way to their original condition before such work. If the registrant fails to make such restoration within 30 days, or such longer period of time as may be reasonably required under the circumstances, following the completion of such placement or maintenance, the Village may perform restoration and charge the costs of the restoration against the registrant in accordance with F.S. § 337.402. For 12 months following the original completion of the work, the registrant shall guarantee its restoration work and shall correct, at its own expense, any restoration work that does not satisfy the requirements of this subsection K.

H.

Removal or relocation, at the direction of the Village, of a registrant's communications facility or utility pole in public rights-of-way shall be governed by the provisions of Secs. 337.403 and 337.404, Fla Stat.

I.

A permit from the Village constitutes authorization to undertake only certain activities in public rights-of-way in accordance with this subsection K, and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in the public rights-of-way.

J.

A registrant shall maintain its communications facilities and utility poles in public rights-of-way in a manner consistent with accepted industry practice and applicable law.

K.

For installations involving excavation in the public rights-of-way, a registrant shall, where applicable, comply with F.S. ch. 566, the Underground Facility Damage Prevention and Safety Act.

L.

The registrant shall use and exercise due caution, care, and skill in performing work in public rights-of-way and shall take all reasonable steps to safeguard worksite areas.

M.

Upon the request of the Village, and as notified by the Village of the other work, construction, installation, or repairs referenced below, a registrant may be required to coordinate placement or maintenance activities under a permit with any other work, construction, installation, or repairs that may be occurring or scheduled to occur within a reasonable time frame in the subject public rights-of-way, and the registrant may be required to reasonably alter its placement or maintenance schedule as necessary so as to minimize disruptions and disturbance in public rights-of-way.

N.

A registrant shall not place or maintain its communications facilities or utility poles so that they interfere with, displace, damage, or destroy any facilities, including, but not limited to, sewers, gas or water mains, storm drains, pipes, cables, or conduits of the Village or any other entity's facilities lawfully occupying public rights-of-way.

O.

The Village makes no warranties or representations regarding the fitness, suitability, or availability of the Village's public rights-of-way for the registrant's communications facilities and utility poles, and any performance of work, costs incurred, or services provided by the registrant shall be at the registrant's sole risk. Nothing in this subsection K shall affect the Village's authority to add, vacate, or abandon public rights-of-way, and the Village makes no warranties or representations regarding the availability of any added, vacated, or abandoned public rights-of-way for communications facilities and utility poles.

P.

The Village shall have the right to make such inspections of communications facilities and utility poles placed or maintained in public rights-of-way as it finds necessary to ensure compliance with this subsection K.

Q.

A permit application to place a new or replace an existing communications facility or utility pole in public rights-of-way shall include plans showing the location of the proposed installation of facilities in public rights-of-way. If the plans so provided require revision based upon actual installation, the registrant shall promptly provide revised "as built" plans. The plans shall be in a hard copy format or an electronic format specified by the Village, provided such electronic format is maintained by the registrant. Such plans in a format maintained by the registrant shall be provided at no cost to the Village.

R.

The Village reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other types of facilities, cables, or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the Village in public rights-of-way occupied by the registrant. The Village further reserves, without limitation, the right to alter, change, or cause to be changed the grading, installation, relocation, or width of the public rights-of-way within the limits of the Village and within said limits as same may, from time to time, be altered. Should the registrant be required to relocate its facilities in conjunction with such installation and alteration, the registrant shall be required to pay all costs associated with such relocation.

S.

A registrant shall, on the request of any person holding a permit issued by the Village, temporarily raise or lower its communications facilities to permit the work authorized by the permit. The expense of such temporary raising or lowering of facilities shall be paid by the person requesting the same, and the registrant shall have the authority to require such payment in advance. The registrant shall be given not less than 30 days' advance written notice to arrange for such temporary relocation.

T.

A small wireless facility that is a portion of a communication facility, such as an antenna which is attached to a legally maintained vertical structure in the public rights-of-way, shall be subject to the following regulations:

1.

Shall not extend more than ten feet above the highest point of the vertical structure.

2.

If located on new or existing utility poles, may be required to locate equipment other than the antenna (such as meter boxes) at a location separate from the utility pole. This requirement may be waived by the Village upon a showing that such a requirement is not reasonably compatible for the particular location or that the requirement imposes an excessive expense to the applicant.

3.

The Village may require stealth design and color matching of small wireless facilities in areas where the Village has provided facilities such as decorative light poles and other streetscape enhancements. This requirement may be waived by the Village upon a showing that such a requirement is not reasonably compatible for the particular location or that the requirement imposes an excessive expense to the applicant.

4.

The height for a new utility pole erected to support a small wireless facility is limited to the tallest utility pole located in the same right-of-way and that existed on July 1, 2017 measured from grade in place within 500 feet of the proposed location of the new utility pole. If there is not a utility pole within 500 feet of the proposed location, the height of the new utility pole shall not exceed 50 feet.

5.

Shall not have any type of lighted signal, lights, or illuminations unless required by an applicable federal, state, or local rule, regulation, or law.

6.

Shall comply with any applicable FCC Emissions Standards.

7.

The design, construction, and installation shall comply with any applicable local building codes.

8.

No commercial advertising shall be allowed.

9.

Any accessory equipment and related housing in the public rights-of-way that are used in conjunction with the wireless facility shall comply with any applicable local rules, regulations, ordinances, or laws governing the placement and design of such equipment.

10.

The rate to collocate small wireless facilities on a Village utility pole shall be $150 per pole annually.

U.

Vertical structures other than utility poles, such as towers, whose sole purpose is to serve as a mounting device for antennae, are expressly prohibited from being located in any public rights-of-way unless applicable zoning and land use laws or regulations allow such structures to be placed within the zoning district in which such public rights-of-way are located or to which they are adjacent.

6.

Permit Review.

A.

Within 14 days after receiving an application, the Village shall determine and notify the applicant by electronic mail whether the application is complete. If an application is deemed incomplete, the Village shall specifically identify the missing information and allow the applicant to submit the missing information along with a new application. If the Village fails to notify the applicant of deficiencies within 14 days after receiving the application, the application shall be deemed complete.

B.

The Village shall process all applications in a non-discriminatory manner. A complete application shall be deemed approved if the Village fails to approve or deny the application within 60 days of receipt. The application review period may be extended upon mutual agreement of the parties.

C.

Notwithstanding subsection B above, within 14 days after the date of filing an application, the Village may request that the proposed location of a communications facility or utility pole that supports a small wireless facility be moved to another location in the right-of-way and/or placed on an alternative Village utility pole or support structure. The Village and the applicant may, for up to 30 days after the date of the request, negotiate the alternative location, including any objective design standards and reasonable spacing requirements for ground-based equipment. If the alternative location cannot be agreed upon by the parties, the applicant shall notify the Village and the Village shall grant or deny the application within 90 days after the date the application was filed. The request for an alternative location, an acceptance of an alternative location, or a rejection of an alternative location must be in writing and provided by electronic mail.

D.

A permit issued pursuant to an approved application shall remain effective for one year unless extended by the Village.

E.

The Village shall notify the applicant of approval or denial by electronic mail. If the application is denied, the Village shall specify in writing the basis for denial, including the specific code provisions on which the denial was based. An applicant may cure the deficiencies and resubmit the application within 30 days after notice of the denial is sent to the applicant. The Village shall approve or deny the revised application within 30 days after receipt of the application, or the application shall be deemed approved.

F.

The Village may deny a proposed collocation of a small wireless facility or a new utility pole in the public rights-of-way if the proposed collocation or utility pole:

1.

Materially interferes with the safe operation of traffic control equipment;

2.

Materially interferes with sight lines or clear zones for transportation, pedestrians, or public safety purposes;

3.

Materially interferes with compliance with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement;

4.

Materially fails to comply with the 2017 edition of the FDOT Utility Accommodation Manual;

5.

Fails to comply with applicable codes; or

6.

Fails to comply with any objective design standards or undergrounding requirements enacted by the Village in accordance with F.S. § 337.401(7).

7.

Suspension of Permits.

A.

The Village may suspend a permit for work in the public rights-of-way for one or more of the following reasons:

1.

Violation of permit conditions, including conditions set forth in the permit, this subsection K, or other applicable county ordinances, codes, or regulations governing placement or maintenance of communications facilities in public rights-of-way;

2.

Misrepresentation or fraud by registrant in a registration or permit application to the county;

3.

Failure to properly renew or ineffectiveness of the registration; or

4.

Failure to relocate or remove facilities as may be lawfully required by the Village.

B.

The Village shall provide notice and an opportunity to cure any violations of subsection A above, each of which shall be reasonable under the circumstances.

8.

Administrative Appeals. Final, written decisions of the Village suspending or denying a permit, denying an application for a registration, or denying an application for renewal of a registration are subject to administrative appeal. An appeal is required be filed in writing with the Village within 30 days of the date of the final written decision to be appealed. Any appeal not timely filed as set forth above shall be waived. The Village Manager shall review the appeal and issue a written decision within 45 days. A denial shall identify the specific code provisions on which the denial is based. Upon correction of the grounds that gave rise to a suspension or denial, the suspension or denial shall be lifted.

9.

Involuntary Termination of Registration.

A.

The Village may terminate a registration if:

1.

A federal or state authority suspends, denies, or revokes a registrant's certification or license to provide communications services;

2.

The registrant's placement or maintenance of a communications facility in the public rights-of-way presents an extraordinary danger to the general public or other users of the public rights-of-way, and the registrant fails to remedy the danger promptly after receipt of written notice; or

3.

The registrant ceases to use all of its communications facilities in public rights-of-way and has not complied with subsection 13 below.

B.

Prior to termination, the Village shall notify the registrant in writing. The notice shall set forth all matters pertinent to the proposed termination action, including which of subsections A.1 through A.3 above is applicable as the reason for the termination, and describing the Village's proposed action. The registrant shall have 60 days after receipt of such notice within which to address or eliminate the reason or within which to present a plan satisfactory to the Village to accomplish same. If the plan is rejected, the Village shall provide written notice of such rejection to the registrant and shall make a recommendation to the Director regarding a decision as to termination of registration. A registrant shall be notified in writing of a decision by the Director to terminate its registration. Such written notice shall be sent within seven days after the decision.

C.

In the event of termination, the former registrant shall:

1.

Notify the Village of the assumption or anticipated assumption by another registrant of ownership of the registrant's communications facilities in public rights-of-way; or

2.

Provide the Village with an acceptable plan for disposition of its communications facilities in public rights-of-way. If a registrant fails to provide such notification or plan for disposition, which determination of non-compliance is subject to appeal in accordance with subsection 8 above, the Village may exercise any remedies or rights it has at law or in equity, including, but not limited to, taking possession of the facilities where another person has not assumed the ownership or physical control of the facilities or requiring the registrant, within 90 days of the termination, or such longer period as may be agreed to by the registrant, to remove some or all of the facilities from the public rights-of-way and restore the public rights-of-way to their original condition before the removal.

D.

In any event, a terminated registrant shall take such steps as are necessary to render every portion of the communications facilities remaining in the public rights-of-way of the county safe.

E.

In the event of termination of a registration, this section does not authorize the Village to cause the removal of communications facilities used to provide another service for which the registrant or another entity that owns or exercises physical control over the facilities holds a valid certification or license with the governing federal or state agency, if required for provision of such service, and is registered with the Village, if required.

10.

Insurance.

A.

A registrant shall provide, pay for, and maintain, satisfactory to the Village, the types of insurance described herein. All insurance shall be from responsible companies duly authorized to do business in the state and having a rating reasonably acceptable to the Village. All liability policies shall provide that the Village is an additional insured as to the activities under this subsection K. The required coverages shall be evidenced by properly executed certificates of insurance forms. The certificates shall be signed by an authorized representative of the insurance company and shall be filed and maintained with the county annually. Thirty days' advance written notice by registered, certified mail, or facsimile shall be given to the Village of any cancellation, intent not to renew, or reduction in the policy coverages. The insurance requirements may be satisfied by evidence of self-insurance or other types of insurance acceptable to the Village.

B.

The limits of coverage of insurance required shall be not less than the following:

1.

Workers' Compensation and Employer's Liability Insurance: Workers' Compensation - Florida Statutory Requirements; Employer's Liability: $1,000,000.00 limit each accident.

2.

Comprehensive general liability bodily injury and property damage: $1,000,000.00 combined single limit each occurrence.

3.

Automobile liability bodily injury and property damage: $1,000,000.00 combined single limit each accident.

11.

Indemnification.

A.

A registrant shall, at its sole cost and expense, indemnify, hold harmless, and defend the Village, its officials, boards, members, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses incurred by the Village arising out of the placement or maintenance of its communications facilities in public rights-of-way, regardless of whether the act or omission complained of is authorized, allowed, or prohibited by this subsection K, provided, however, that a registrant's obligation hereunder shall not extend to any claims caused by the negligence, gross negligence, or wanton or willful acts of the Village. This provision includes, but is not limited to, the Village's reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings. The Village agrees to notify the registrant, in writing, within a reasonable time of the Village receiving notice, of any issue it determines may require indemnification. Nothing in this section shall prohibit the Village from participating in the defense of any litigation utilizing its own counsel at its own cost if in the Village's reasonable belief there exists or may exist a conflict, potential conflict, or appearance of a conflict. Nothing contained in this subsection K shall be construed or interpreted as denying to either party any remedy or defense available to such party under the laws of the state, or as a waiver of sovereign immunity beyond the waiver provided in F.S. § 768.28.

B.

The indemnification requirements shall survive and be in effect after the termination or cancellation of a registration.

12.

Surety Bond.

A.

Prior to issuing a permit where the work under the permit will require restoration of public rights-of-way, the Village may require a surety bond to secure proper performance under the requirements of any permits and the restoration of the public rights-of-way. Twelve months after the completion of the restoration in public rights-of-way in accordance with the bond, the registrant may eliminate the bond. The Village, however, may subsequently require a new bond for any subsequent work in the public rights-of-way. The surety bond shall be issued by a surety having a rating reasonably acceptable to the Village; shall be subject to the approval of the Village Attorney; and shall provide that: "For 12 months after issuance of this bond, this bond may not be cancelled, or allowed to lapse, until 60 days after receipt by the Village, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew."

B.

The rights reserved by the Village with respect to any surety bond established pursuant to this section are in addition to all other rights and remedies the Village may have under this LDC, or at law or equity.

C.

In-lieu of a surety bond, the Village shall accept a letter of credit or similar financial instrument issued by any financial institution that is authorized to do business within the United States, subject to the approval of the Village Attorney.

13.

Abandonment of Communications Facility.

A.

Upon abandonment of a registrant's communications facility in the public right-of-way, the registrant shall notify the Village, in writing, within 90 days. Additionally, registrants shall comply with the provisions of Section 4-243.K.2, Registration for Placing or Maintaining Small Wireless Facilities in Public Rights-of-Way, relating to bi-annual registration and updating of facilities.

B.

The Village may, at its discretion, direct the registrant by written notice to remove all or any portion of such abandoned facility at the registrant's sole expense if the Village determines that the abandoned facility's presence interferes with the public health, safety or welfare, which shall include, but not be limited to, a determination that such facility: (1) compromises safety at any time for any public rights-of-way user or during construction or maintenance activities in public rights-of-way; (2) prevents another person from locating facilities in the area of public rights-of-way where the abandoned facility is located when other alternative locations are not reasonably available; or (3) creates a maintenance condition that is disruptive to the public rights-of-way's use. In the event of (2) above, the Village may require the third person to coordinate with the registrant that owns the existing facility for joint removal and placement, where agreed to by the registrant.

C.

In the event that the Village does not direct the removal of the abandoned facility, the registrant, by its notice of abandonment to the Village, shall be deemed to consent to the alteration or removal of all or any portion of the facility by the Village or another person at such third party's cost.

D.

If the registrant fails to remove all or any portion of an abandoned facility within a reasonable period of time, as directed by the Village, but not to exceed 60 days, the Village may perform such removal and charge the cost of the removal against the registrant.

14.

Pass-through Provider Fees and Charges.

A.

Pass-through providers that place or maintain one or more communications facilities upon, under, over, or along any public rights-of-way of the Village shall pay the Village an annual fee not to exceed the maximum annual amount allowed under F.S. § 337.401.

B.

The annual amount referenced in subsection A above shall be due and payable on October 1 of every year. Fees not paid within ten days after the due date shall bear interest at the rate of one percent per month from the date due until paid. The acceptance of any payment required by the Village hereunder shall not be construed as an acknowledgment that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the Village may have for additional sums due and payable or authorization to install any facilities in the county's right-of-way.

C.

The Village may require a pass-through provider to provide an annual notarized statement identifying the total number of linear miles of pass-through facilities in the county's rights-of-way, in accordance with F.S. § 337.401(6).

A.

Relationship to Principal Uses and Zoning District Regulations.

1.

General. Accessory uses and structures customarily recognized as clearly incidental and subordinate to the principal use of the land in accordance with this section, are allowed by right, when located on the same lot or parcel and in the same zoning district category as the principal use.

2.

Time for Establishment of Accessory Use or Structure. Except as otherwise expressly allowed in the LDC, an accessory use or structure shall not be established or constructed before the establishment or construction of the principal use it serves, except for:

A.

Agricultural accessory structures in the AG district; and

B.

Fences or walls.

3.

Location of Accessory Use or Structure in Relation to Principal Building, Streets, and Adjacent Land

A.

Accessory uses and structures may be erected as part of the principal building, may be connected to it by a roofed porch, patio or breezeway, or similar structure, or may be completely detached.

B.

Any accessory use or structure which is structurally part of the principal building shall comply in all respects with the requirements for the principal building.

C.

Any accessory use or structure not structurally made a part of the principal building shall comply with all the dimensional standards of the district in which it is located.

D.

All accessory uses and structures shall not be located closer to the road than the principal building, except:

1.

swimming pools, tennis courts, shuffleboard courts, and other similar recreational facilities accessory to a multiple-family, townhouse, or hotel or motel development:

(a)

If they are approved as part of a planned development; and

(b)

Are aesthetically landscaped with berms and/or buffers which are adequate to screen the use from the road to prevent it from being a distraction to traffic.

2.

Accessory uses on large lots according to specific setback standards in the zoning district.

E.

All accessory residential uses and structures shall be set back a minimum of five feet from the rear property line unless otherwise specified in this LDC, or in the resolution or ordinance approving a planned development.

4.

Accessory Use or Structure Not Allowed In Easement, Utility Lines, or Fire Lanes. Except as otherwise expressly allowed in this LDC, an accessory use or structure shall not be located within any platted or recorded easement or over any known utility, or in an area designated as a fire lane or emergency access route.

5.

Accessory Use or Structure Not Allowed Within Buffer. No accessory use or structure shall be located within a buffer.

6.

Accessory Use or Structure Not Impede Access to Parking Area. No accessory use or structure shall impede the access to or function of a parking area.

7.

If Principal Use Destroyed or Removed, Accessory Use or Structure Not Allowed. If the principal use or structure served by the accessory use or structure is destroyed or removed, the accessory use or structure shall no longer be allowed.

B.

Accessory Structures on Through Lots. Accessory uses and structures may be located on through lots if they comply with the following standards:

1.

Accessory Use or Structure on Through Lot with No Dedicated Buffer. Accessory uses and structures on through lots with no dedicated buffer easement or residential fence or wall may be placed closer to the secondary road than the principal building as long as the minimum setbacks for roads established in the dimensional standards are maintained. For purposes of this subsection only, secondary road is defined as the road opposite the road which provides principal vehicular access as determined by the prior development pattern of the block on which the principal use is located.

2.

Accessory Use or Structure on Through Lot with Dedicated 10 Foot Buffer. Accessory uses and structures on through lots with a dedicated buffer easement of ten feet or more (located on the property) that are immediately adjacent to the secondary road shall not encroach into the easement.

3.

Accessory Use or Structure on Through Lot with Abutting Residential Street or Wall. Accessory uses and structures on through lots with an abutting residential fence or wall shall be set back a minimum of five feet from the property line.

C.

Large Accessory Structures. All accessory structures larger than 150 square feet in area and all pools as accessory to dwellings or uses in residential districts must submit a drainage plan with the application for building permit approval demonstrating compliance with the lot grading plan, and the performance standards of Section 5-14, Clearing, Grading, and Filling of Land Standards.

D.

Unlisted Accessory Uses and Structures. The Director shall evaluate potential accessory uses or structures that are not identified in the use tables in the zoning districts in Chapter 3: Zoning Districts on a case-by-case basis, as an interpretation (see section 2-507, Administrative Interpretation). In making the interpretation, the Director shall consider the following:

1.

The definition of the accessory use or structure (see Section 10-4, Definitions), and the general accessory use standards established in section 4-201, General Standards for All Accessory Uses and Structures.

2.

The additional standards for specific accessory uses established in section 4-202, Standards Applicable to Specific Accessory Uses and Structures.

3.

The purpose and intent of the zoning district in which the accessory use or structure is located (see Chapter 3: Zoning Districts);

4.

Any potential adverse impacts the accessory use or structure may have on other lands in the area, compared with other accessory uses or structures allowed in the zoning district.

5.

The compatibility of the accessory use or structure, including the structure in which it is housed, with other principal and accessory uses permitted in the zoning district.

A.

Accessory Apartments.

1.

An accessory apartment may only be constructed in conjunction with a single-family dwelling.

2.

The principal structure shall be owner-occupied.

3.

The accessory apartment may be occupied by other than family members of the owner, but shall only be occupied by one family.

4.

The lot on which the accessory apartment is located shall be a minimum of 6,000 square feet, and shall conform to the minimum lot area standards of the zoning district in which it is located.

5.

One parking space shall be provided for the accessory apartment in addition to the requirements of Section 5-2, Off-Street Parking, Bicycle Parking, and Loading Standards.

6.

The floor area of the accessory apartment shall not exceed 30 percent of the floor area of the principal building.

7.

An attached garage may be converted to an accessory apartment, as long as it complies with the standards of this subsection.

8.

A detached garage may be converted to an accessory apartment if it:

A.

Is not closer to the street right-of-way or easement than the principal dwelling. In no instance is a conversion allowed when the garage encroaches in the street setback; and

B.

Complies with all other standards of this subsection.

9.

If developed as part of the principal single-family dwelling, the entrance to the accessory apartment shall be designed to retain the appearance of the single-family dwelling.

B.

Accessory Structures in Recreational Vehicle (RV) Development.

1.

One freestanding storage shed not exceeding 120 feet in floor area and ten feet in height is allowed, if:

A.

The storage shed is not located closer than five feet to the side or rear lot line or closer than ten feet to a recreational vehicle under separate ownership; and

B.

The shed is properly tied down and complies with all building code requirements.

2.

A carport is allowed if the carport:

A.

Is located on a lot with a minimum of 2,000 square feet in area;

B.

Does not exceed 12 feet in width, 20 feet in length, and ten feet in height;

C.

Is not located closer than five feet to any side or rear lot line or closer than ten feet (measured overhang to overhang) to any RV or carport under separate ownership;

D.

Remains open from grade up to the eave, except the back end of the carport may be attached to a permitted storage shed; and

E.

Is in compliance with all building code requirements.

C.

Dock, Personal.

1.

Construction, placement, erection and maintenance of a personal dock and other structures designed for use on the dock, adjacent to waterways, shall comply with the Manatee Protection Plan and section 7-201.B, Manatee Protection.

2.

Personal docks shall only be permitted as an accessory use to an existing principal use. No personal dock shall be constructed on a lot without a principal use.

D.

Drive-through Facility.

1.

A drive-through facility shall be designed in accordance with section 5-304.C, Vehicle Stacking Space for Drive-through and Related Uses.

2.

The drive-through facility shall be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking spaces and building entrances.

3.

The design of any roof or awning over the drive-through facility and lanes, including any supporting columns and brackets, shall match the design and exterior building materials of the principal building.

E.

Electric Vehicle (EV) Level 1, 2, or 3 Charging Station.

1.

In the UCR and CC districts, and all the planned development districts, EV Level 3 charging stations are allowed as accessory uses to: townhouse, multiple family, and two-family dwelling developments that contain more than 75 dwelling units, nonresidential development, and major utilities. Level 1 and 2 charging stations are allowed in all zoning districts.

2.

Except as otherwise provided in subsection 3 below, EV charging station spaces shall be reserved for the charging of electric vehicles only. Such reserved spaces shall be posted with signage identifying the spaces as reserved only for the charging of electric vehicles, the amperage and voltage levels, any enforceable time limits or tow-away provisions, and contact information for reporting non-operating equipment or other problems.

3.

A required accessible parking space for persons with physical disabilities may also serve as an EV charging station space, provided the charging station and its controls meet ADA standards for accessibility to persons with physical disabilities.

4.

EV charging station equipment shall be located so as not to interfere with vehicle, bicycle, or pedestrian access and circulation, or with required landscaping.

F.

Excavations for Ponds Accessory to Single-Family Dwellings. See section 7-206.G, Excavations.

G.

Flagpoles.

1.

Flagpoles shall be a maximum of 35 feet tall.

2.

Flagpoles that are 20 feet high or taller require a building permit and meet the wind load standards of the Florida building code.

3.

Flagpoles shall fly no more than two flags per pole, and the combined area of all flags on the pole shall be no more than 60 square feet.

4.

Flagpoles shall be setback at least 15 feet from the right-of-way and 10 feet from all other property lines.

H.

Garages.

1.

The area of a garage as an accessory use to a dwelling may not exceed the area of the first floor of the dwelling, except that in properties in the RSF zoning district, an accessory use garage may not exceed 580 square feet, and may be no higher than 15 feet at its highest exterior point.

2.

A garage as an accessory use to a dwelling that is constructed with an exterior surface of corrugated or galvanized steel or similar materials (excluding aluminum lap or clapboard-style siding), larger than 280 square feet in total floor area or 12 feet in height above finished floor shall require a special exception for approval.

3.

A garage in the RSF zoning district shall not have any paved, shelled, or other improved parking area (whether or not the area is actually used for parking) which abuts or is within ten feet of either side of the garage.

4.

There shall be no more than one accessory garage on one parcel.

I.

Home Occupations.

1.

Use of a dwelling unit for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by the occupants.

2.

The home occupation use shall be conducted entirely within the dwelling unit or an accessory structure.

3.

The home occupation shall not attract customers to the dwelling.

4.

No employees other than members of the immediate family residing in the dwelling are permitted to work at the residence, but may be employed to work elsewhere, provided the employees do not come to the residence for equipment, vehicles, or supplies. Under special conditions, like when a disabled person or retiree needing clerical assistance needs assistance conducting the home occupation, the Director may allow one employee who is not a resident of the home to work at the dwelling unit.

5.

There shall be no indication from the exterior of the residential dwelling that the dwelling unit is used for any purpose other than a residence, except one non-illuminated nameplate, not exceeding one square foot (144 square inches) in area, may be attached to the building on or next to the entrance.

6.

No commodities or display of products on the premises may be visible from the street or surrounding residential area. No outdoor display or storage of materials, goods, supplies or equipment used in the home occupation may be permitted on the premises.

7.

Vehicles and trailers for use in connection with a home occupation shall not be parked or stored on the premises unless completely enclosed within a building.

8.

The home occupation shall not use commercially licensed vehicles or vehicles which exceed three-quarter ton, for delivery of materials or supplies to or from the premises.

9.

No equipment may be used which creates noise, vibration, glare, fumes, odors, or electrical interference objectionable to the normal senses. No equipment or process may be used which creates visual or audible interference in any radio or television receiver off the premises, or causes fluctuations in line voltage off the premises.

10.

The home occupation shall not generate greater volumes of traffic than would otherwise be expected to be generated by normal residential uses.

11.

A home occupation may not entitle a property to greater air conditioning or emergency electricity generator equipment than would be permitted by normal residential use of the property.

J.

Outdoor Display of Merchandise (as Accessory to a Retail Sales and Service Use or Wholesale Use). Outdoor display of merchandise is allowed as an accessory use to any retail sales and service use or wholesale use that is conducted within a building located on the same lot, unless expressly prohibited in this LDC, or ordinance or resolution. The outdoor display of merchandise shall comply with the following standards:

1.

Merchandise displayed shall be limited to that sold or rented by the principal use on the lot.

2.

All outdoor display of goods shall be located immediately adjacent to the front or side of the principal building, and not in drive aisles, loading zones, fire lanes, or parking lots.

3.

Outdoor display areas along the front or side of a principal building shall be limited to no more than one-half the length of the building's front or side, as appropriate.

4.

Outdoor display areas shall be located to maintain a clearance area in front of primary building entrances for at least ten feet directly outward from the entrance width.

5.

An obstruction-free area at least five feet wide shall be maintained through the entire length of the display area or between it and adjacent parking areas so as to allow pedestrians and handicapped persons with disabilities to safely and conveniently travel between parking areas or drive aisles to the building and along the front and side of the building, without having to detour around the display area.

6.

For the purpose of this accessory use, the following principal uses shall not be considered retail sales and service or wholesale uses, and may not display merchandise outdoors:

A.

Retail that includes vehicle equipment and supplies sales and rentals;

B.

Vehicle and boat rental and sales; and

C.

Vehicle and boat repair and maintenance.

K.

Outdoor Seating. Consumption of alcohol as a part of outdoor seating shall only be permitted when a Consumption on Premises permit has been approved at the time of zoning, or later with approval of the PZDB.

L.

Outdoor Storage (as an Accessory Use).

1.

In the UCR and planned development districts, outdoor storage areas shall be located to the rear of the development's principal building(s). In the CC district, outdoor storage areas shall be located to the side or rear of the development's principal building(s).

2.

Where an outdoor storage area stores goods intended for sale or resale, such goods shall be limited to those sold on the premise in conjunction with the principal use of the development.

3.

Flammable liquids or gases in excess of 100 gallons shall be stored underground.

4.

No materials shall be stored in areas intended for vehicular or pedestrian circulation.

5.

Outdoor storage areas shall be enclosed with either a wall made of masonry material consistent with that of the primary building(s) on the lot or wood (or a combination of such a masonry wall and metal fencing). The height of the wall or fence shall be sufficient to screen stored materials from view from public street rights-of-way, private streets, public sidewalks, and any adjoining residential development.

6.

Outdoor storage as an accessory use shall be limited to one acre for each permitted principal use on the site.

M.

Pickleball Facilities.

1.

Outdoor lighting and noise levels for pickleball facilities shall not create adverse impacts on surrounding land uses. To address these concerns, the conditions of approval may require noise attenuation measures, landscape buffers, and other mitigation measures deemed necessary to limit adverse impacts on nearby residences.

2.

Pickleball facilities shall only be allowed in conventional districts by special exception, or in planned development by amendment.

3.

No pickleball facility shall be allowed without a public hearing at the PZDB.

4.

All requirements for pickleball facilities shall be at least as stringent as the accessory use standards for swimming pools, tennis courts, porches, decks, and similar recreational facilities.

N.

Satellite Earth Station and Amateur Radio Antenna Dish Antenna.

1.

Applicability. These standards apply only to:

A.

Satellite earth stations greater than two meters (78.74 inches) in diameter that are within the commercial conventional zoning districts or in commercial or industrial areas of planned developments;

B.

Satellite earth stations greater than one meter (39.97 inches) in diameter; and

C.

Amateur radio antennas.

2.

Satellite Earth Stations

A.

Satellite earth stations shall comply with the minimum setback standards for the zoning district in which they are located. In no case shall a satellite earth station be placed closer to a right-of-way or road easement than the principal building.

B.

No satellite earth station shall exceed ten feet in diameter except when in conjunction with a cable television or broadcast facility that is approved in accordance with section 2-506.A, Zoning Variance.

C.

No satellite earth station shall be mounted on a roof or a building surface, except a satellite earth station may be mounted on a building that exceeds 35 feet in height (as measured at ground level), if the satellite earth station is not visible at ground level from any abutting right-of-way, road easement, or any property under separate ownership that is zoned or used for residential purposes.

D.

Signs are prohibited on a satellite earth station.

E.

A ground-mounted satellite earth station shall not exceed ten feet in height, except when located in conjunction with a cable television or broadcast facility and approved in accordance with section 2-506.A, Zoning Variance.

F.

A ground-mounted satellite earth station exceeding two meters (78.74 inches) in diameter shall include a landscaped buffer of at least three feet in width between the facility and any right-of-way or ingress/egress or access easement. The buffer shall be at least four feet in height at installation and be maintained at a minimum of five feet in height within one year after time of planting.

G.

A satellite earth station shall be constructed or mounted to withstand sustained winds in accordance with the Florida Building Code. In the event of structural failure, the satellite earth station shall be designed to collapse completely within the boundaries of the lot on which it is located.

H.

The Director may waive the requirements of this subsection if an applicant for a satellite earth station demonstrates in writing, that compliance with these provisions will materially limit transmission or reception by the proposed satellite earth station. The Director may not waive any requirement to a greater extent than is required to ensure that transmission or reception is not materially limited. The decision of the Director is discretionary and may not be appealed.

3.

Amateur Radio Antennas

A.

An amateur radio antenna shall be set back from all adjacent property lines by at least five feet, and in no case shall the antenna be placed closer to the right-of-way or street easement than the principal building. An amateur radio antenna shall not be located within any easement.

B.

Signs are prohibited on an amateur radio antenna.

C.

A new amateur radio antenna proposed at heights greater than 75 feet are only allowed if a variance is approved in accordance with section 2-506.A, Zoning Variance.

D.

An amateur radio antenna shall be constructed or mounted to withstand sustained winds in accordance with the Florida Building Code. In the event of structural failure, the antenna shall be designed to collapse completely within the boundaries of the lot on which it is located. An amateur radio antenna may be monopole, lattice, or guyed type of construction.

E.

A personal wireless services antenna may not be placed on an amateur radio antenna.

F.

The Director may waive the requirements of this subsection when an applicant for an amateur radio antenna demonstrates that compliance with these provisions will preclude amateur radio services. The Director may not waive any requirement to a greater extent than is required to ensure such services. The decision of the Director is discretionary and may not be appealed.

O.

Solar Energy Collection Facility, Small-Scale.

1.

The facility may be located on the roof of a principal or accessory structure, on the side of such structures, on a pole, or on the ground in accordance with the standards in section 4-201.A.3, Location of Accessory Use or Structure in Relation to Principal Building, Streets, and Adjacent Land.

2.

The facility shall comply with the maximum height standards for the zoning district in which it is located, except that a roof-mounted system shall not extend more than 10 feet above the roofline of the structure on which it is mounted.

3.

The property owner shall be responsible for negotiating with other property owners in the vicinity to establish any solar easement designed to protect solar access for the small-scale solar energy collection facility, and for recording any such solar easement with the Director.

P.

Swimming Pools, Tennis Courts, Porches, Decks, and Similar Recreational Facilities.

1.

Location and Setbacks. All swimming pools, tennis courts, decks and other similar non-roofed accessory facilities shall comply with the following standards:

A.

All tennis courts or other hardscaped or sodded recreation areas shall be graded to prevent water pooling in puddles.

B.

Swimming pools, patios, decks, and other similar recreational facilities shall not exceed three and one-half feet above grade unless they comply with the minimum required principal structure setbacks. Decks or patios that comply with accessory use or structure setbacks may be enclosed with open-mesh screen. Enclosures with an opaque material above three and one-half feet from grade shall comply with principal structure setbacks. (It is the responsibility of the applicant to increase all required setbacks sufficient to provide maintenance access around the pool whenever the pool is proposed to be enclosed with open-mesh screening or fencing. A minimum increase in setbacks of three feet is recommended.)

C.

An open-mesh screen enclosure may be covered by a solid roof (impervious to weather), provided that:

1.

If it is structurally part of the principal building, the enclosure shall comply with all setback requirements for the principal building.

2.

Except when in compliance with the setback requirements for the principal building, a solid roof over a screen enclosure shall be constructed as a flat roof with the pitch no greater than the minimum required for rain runoff.

D.

All pools, tennis courts, and other similar recreational facilities owned or operated as a commercial or public establishment shall comply with the setback regulations for the zoning district in which it is located.

2.

Fences.

A.

Every swimming pool, hot tub, spa, or similar facility shall be enclosed by a fence, wall, screen enclosure or other structure, not less than four feet in height, constructed or installed to prevent unauthorized access to the pool by persons not residing on the property. For purposes of this subsection, the height of the structure shall be measured from the ground level outside of the area enclosed. The enclosure may contain gates, if they are self-closing and self-latching.

B.

Aboveground pools, hot tubs, spas, and similar facilities shall fulfill either the enclosure requirements for in-ground pools or shall be constructed so that the lowest entry point (other than a ladder or ramp) is a minimum of four feet above ground level. A ladder or ramp providing access shall be constructed or installed to prevent unauthorized use.

C.

A spa, hot tub, or other similar facility which has a solid cover (not a floating blanket) which prevents access to the facility when not in use shall be permitted to use the solid cover in-lieu of fencing or enclosure requirements.

D.

Fences used to enclose tennis courts shall not exceed 12 feet in height above the playing surface.

3.

Lighting. Lighting used to illuminate a swimming pool, tennis court, or other recreational facility shall be directed away from adjacent properties and roads, and shall shine only on the subject site.

4.

Commercial Use. No swimming pool, tennis court, or other recreational facility permitted as a residential accessory use shall be operated as a business.

5.

Uses Not Included. Pickleball facilities are not included in this use.

6.

Large Accessory Structures. All swimming pools accessory to dwellings or uses in residential districts shall be considered large accessory uses and shall comply with section 4-201.C, Large Accessory Structures.

Q.

Trucks and Commercial Vehicles Prohibited in Residential Districts and Developments. The following types of trucks or commercial vehicles shall not be parked or stored on any land in any residential district, planned development that allows residential uses, or residential dwelling in another district:

1.

A tractor-trailer or semi-trailer truck;

2.

A truck with two or more rear axles;

3.

A truck with a manufacturer's Gross Vehicle Weight Rating (GVWR) in excess of 15,000 pounds; or

4.

Any truck and trailer combination, such as those customarily used in landscaping businesses, excluding a trailer used solely for non-commercial or recreational purposes, resulting in a combined manufacturer's Gross Vehicle Weight Rating (GVWR) in excess of 15,000 pounds.

(Ord. No. 2023-03, § 1, 11-15-2023)

A.

Purpose. The purpose of this section is to authorize the establishment of certain temporary uses and structures, which are uses (including special events) and structures of a limited duration. This section also identifies the zoning districts in which temporary uses and structures are allowed, identifies what type of permit or review is required to establish them, sets out general standards applicable to all temporary uses and structures, and sets out any special standards applicable to particular temporary uses and structures. This section is intended to ensure that such uses or structures do not negatively affect adjacent land, are discontinued upon the expiration of a set time period, and do not involve the construction or alteration of any permanent building or structure.

B.

Organization of this Subsection. Table 4-401.C: Temporary Uses and Structure Table, shows whether a particular type of temporary use or structure is permitted or prohibited within the various zoning districts. section 4-402, General Standards for All Temporary Uses and Structures, establishes general standards that apply to all allowed temporary uses and structures. section 4-403, Standards Specific to Temporary Uses and Structures, establishes standards that apply to particular types of temporary uses or structures regardless of the zoning district in which they are allowed or the review procedure by which they are approved, unless expressly stated to the contrary. These standards may be modified by other applicable requirements in this LDC.

C.

Temporary Use/Structure Table.

1.

Organization of Temporary Uses and Structures

A.

Designation of Uses and Structures. The following abbreviations are used in the temporary uses and structures table to designate whether and how a temporary use or structure is allowed in a particular zoning district.

P  A "P" indicates that the use or structure is allowed by right as a temporary use or structure in the corresponding district.

T  A "T" indicates that the use or structure is allowed by right as a temporary use or structure in the corresponding district, but the approval of a temporary use permit is required before the temporary use is allowed (see section 2-505.C, Temporary Use Permit).

A blank cell indicates that the use or structure is prohibited as a temporary use or structure in the corresponding zoning district.

All uses are subject to section 4-402, General Standards for All Temporary Uses and Structures. Any use specific standards for specific types of temporary uses or structures is referenced in the final column of the table and set down in section 4-403, Standards Specific to Temporary Uses and Structures. Specific standards apply to the temporary use in any zoning district unless otherwise specified.

Unless otherwise specified in this LDC, all temporary uses and structures shall:

A.

Obtain any other applicable Village, county, state, or federal permits;

B.

Not involve the retail sales or display of goods, products, or services within a public right-of-way, except as part of a Village-authorized event;

C.

Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;

D.

Be compatible with the principal uses taking place on the site;

E.

Not have adverse health, safety, noise, or nuisance impacts on any adjoining permanent uses or nearby residential neighborhoods;

F.

Not include permanent alterations to the site;

G.

Not violate the applicable conditions of approval that apply to a site or a use on the site;

H.

Not interfere with the normal operations of any permanent use located on the property; and

I.

Be located on a site containing sufficient land area to allow the temporary use, structure, or special event to occur and accommodate associated pedestrian, parking, and traffic movement without disturbing environmentally sensitive lands.

The standards set forth in this subsection for a specific temporary use or structure shall apply to the particular individual temporary use or structure, regardless of the zoning district in which it is located or the review procedure by which it is approved, unless otherwise specified in this LDC. This subsection is intended to set forth and consolidate the standards for all temporary uses and structures for which a reference to this subsection is provided in the "Standards for Specific Temporary Uses and Structures" column of Table 4-401.C: Temporary Uses and Structure Table.

A.

Construction-related Building, Structure. A construction-related building, structure, or use shall comply with the following standards:

1.

The temporary building, structure, or use shall not be moved onto the project site prior to the issuance of a building permit and shall be removed within 30 days after issuance of the final certificate of occupancy for the building or completed development.

2.

Adequate off-street parking for the temporary building, structure, or use shall be provided in accordance with the minimum standards for number of off-street parking spaces in Section 5-2, Off-Street Parking, Bicycle Parking, and Loading Standards.

3.

Construction site fencing may remain in place provided the building permit remains active and has not expired. Signage is not permitted on construction fences.

4.

The Director shall issue the temporary use permit (Sec. 2-505.C, Temporary Use Permit), for an appropriate period of time not to exceed 12 months, and may extend the temporary use permit for an additional 12 months on finding that the building construction or land development is proceeding in a reasonably timely manner.

B.

Farmers' Market, Temporary.

1.

The farmers' market shall operate only with written permission from the owner of the property on which it is located.

2.

The farmers' market shall operate for no more than 60 days in any one calendar year.

3.

The farmers' market shall be open only during daylight hours.

4.

The farmers' market shall only be located on the open area or parking lot of private or publicly owned property.

5.

The farmers' market may operate inside a public or privately owned building for a period not to exceed a total of 30 days in a calendar year.

6.

The farmers' market shall provide adequate ingress, egress, and off-street parking areas. Vehicular access to the subject property shall not be by means of roads internal to subdivisions or neighborhoods for single-family dwellings.

7.

Sales shall be limited to the retail sale of agriculture, aquaculture, or horticulture products, and the sale of products made by the vendor from such products (e.g., baked goods, jams and jellies, juices, cheeses) and incidental sales of crafts or similar home-made products made by the vendor. These incidental sales shall not constitute more than ten percent of revenue or display space.

8.

Items for sale shall not be displayed or stored within customer pathways.

9.

No advertisement of professional services or vehicle sales shall be allowed.

10.

The market shall have an established set of operating rules addressing the governance structure of the market, hours of operation, and maintenance and security requirements and responsibilities.

11.

The market shall have a manager authorized to direct the operations of all participating vendors during all hours of operation.

C.

Garage Sale.

1.

Sales shall be held no more than twice in a calendar year.

2.

Sales shall last no longer than three consecutive days.

3.

Sales shall only occur on residential property.

4.

Sales shall be conducted on the owner's property. Sales at townhouses, two-family, and multiple-family dwellings are permitted if they are held on the property owned by one of the participants.

5.

No goods purchased for resale may be offered for sale.

D.

Model Dwellings/Unit. Model dwellings/units may be located on a new development site and temporarily used for demonstrating the type of space for sale or lease in a residential development, or mixed-use development with residential units, subject to the following standards:

1.

A model dwelling/unit shall be located on a lot or building site approved as part of the development, or within a building approved as part of the development.

2.

Adequate measures shall be taken to ensure the use will not adversely affect the health and safety of residents or workers in the area, and will not be detrimental to the use or development of adjacent properties or the surrounding neighborhood.

3.

There shall be no more than four model dwelling/units per builder in the development.

4.

The model dwelling/unit shall comply with all dimensional and development standards in the LDC.

5.

The model dwelling/unit shall be aesthetically compatible with the character of the community and surrounding area in terms of exterior color, predominant exterior materials, and landscaping.

6.

At least one parking space shall be provided for every 300 square feet of gross floor area of the model dwelling/unit. Accessible parking for persons with physical disabilities is required.

7.

On termination of the temporary real estate sales/leasing use of a model dwelling/unit, the dwelling/unit shall be converted into, or removed and replaced with a permanent permitted use, and any excess parking shall be removed and landscaped in accordance with the development permits and approvals for the development.

8.

A model dwelling/unit shall not be used for storage of building materials.

E.

Portable Shipping Container. Temporary storage in portable shipping containers shall comply with the following standards:

1.

Storage containers shall not exceed 160 square feet in floor area or be taller than eight feet.

2.

Containers shall be located within a driveway, parking, or loading area. In cases where the driveway, parking, or loading area extends behind the front façade of a building, the container shall be placed behind the front façade.

3.

In cases where improved driveways, parking, or loading areas are not present, containers shall be located so as to minimize their visibility from roads or adjacent residential areas, to the extent practicable.

4.

Nothing in these standards shall limit the placement of more than one container on a lot or site, provided compliance with all other applicable standards is maintained.

5.

Except for storage containers located on construction sites, storage containers shall not be located on an individual parcel or site for more than 30 consecutive days per site per permit.

6.

Storage containers may be placed on a residential site a maximum of two occurrences per year, per residential dwelling unit.

7.

A storage container on a nonresidential site may be approved for up to three consecutive 30 day permits. Once the container has been removed, a minimum period of six months is required between the removal of a storage container from a nonresidential site and the subsequent placement of a storage container on the site.

F.

Seasonal Sales.

1.

The display/sales area shall be located at least 25 feet from an existing road line and from any adjacent lot lines.

2.

Adequate measures shall be taken to ensure that the use will not adversely affect the health and safety of residents or workers in the area, and will not be detrimental to the use or development of adjacent properties or the general neighborhood.

3.

Off-street parking shall be adequate to accommodate the proposed sale of products.

4.

The permit shall be valid for no more than 45 consecutive days.

G.

Special Event.

1.

Applicability

A.

All special events (including but not limited to cultural events, musical events, celebrations, festivals, fairs, carnivals, and circuses) held on private property, public or private roads, or public parks within the Village shall comply with the requirements and standards in this subsection, unless exempted in accordance with subsection B below.

B.

The following events or activities are exempt from the standards of this subsection and may occur without a temporary use permit for a special event. They are subject to all other applicable procedures and standards of this LDC:

1.

Special events or activities occurring within, or on the grounds of, a single-family development.

2.

Block parties or neighborhood activities with fewer than 100 attendees.

3.

Any event sponsored in whole or in part by the Village.

4.

Any organized activities conducted at sites or facilities typically intended and used for such activities. Examples of such exempt activities include, but are not limited to, sporting events such as golf, soccer, softball, and baseball tournaments conducted on courses or fields intended and used for such activities; fairs and carnivals at fairgrounds; wedding services conducted at places of worship, reception halls, or similar facilities; concerts or shows at arenas or large performance venues; funeral services conducted at places of worship, funeral homes, or cemeteries.

5.

Any event with a duration of four hours or less.

2.

Standards. An application for a temporary use permit for a special event (see section 2-505.C, Temporary Use Permit) shall not be approved unless it complies with the following standards, in addition to the standards in section 4-402, General Standards for All Temporary Uses and Structures.

A.

The application does not contain intentionally false or materially misleading information.

B.

There is a finding that the special event would not create an unreasonable risk of significant:

1.

Damage to public or private property, beyond normal wear and tear;

2.

Injury to persons;

3.

Public or private disturbances or nuisances;

4.

Unsafe impediments or distractions to, or congestion of, vehicular or pedestrian travel;

5.

Additional and impracticable or unduly burdensome demand on police, fire, trash removal, maintenance, or other public services; and

6.

Other adverse effects upon the public health, safety, or welfare.

C.

The special event shall not be of such a nature, size, or duration that the particular location requested cannot reasonably accommodate the event.

D.

The special event shall not be at a time and location that has already been permitted or reserved for other activities.

E.

The special event shall not include car, RV, mobile home, or vehicle sales; or advertise services unrelated to the event.

3.

Conditions of Approval. In approving the temporary use permit for the special event, the Director is authorized to impose such conditions upon the premises benefited by the permit as may be necessary to reduce or minimize any potential adverse impacts upon other property in the area, as long as the condition relates to a situation created or potentially created by the proposed special event. The Director is authorized, where appropriate, to require:

A.

Provision of temporary parking facilities, including vehicular access and egress.

B.

Control of nuisance factors, such as but not limited to the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat.

C.

Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards.

D.

Provision of sanitary and medical facilities.

E.

Provision of solid waste collection and disposal.

F.

Provision of security and safety measures.

G.

Use of an alternative location or date for the proposed special event.

H.

Modification or elimination of certain proposed activities.

I.

Regulation of operating hours and days, including limitation of the duration of the special event to a shorter time period than that requested or specified in this subsection.

J.

Submission of a performance guarantee to ensure that any temporary facilities or structures used for such proposed special event will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition.

4.

Duration of Permit. A temporary use permit for a special event authorized in accordance with this subsection shall be limited to a maximum duration of 14 days per site per calendar year, unless otherwise specifically authorized by the Director.

A.

Package stores which have only a 1-APS state liquor license are exempt from this section, except for subsection C below.

B.

The sale of alcoholic beverages for consumption off the premises shall be allowed as a permitted use as follows, provided that the regulations set forth in subsection C below are met:

1.

In any zoning district where package stores are listed as a permitted use, only when the establishment is licensed only as a package store; and

2.

In any retail sales or services establishment where the sale of alcoholic beverages for consumption off-site is clearly incidental to other retail sales commodities, such as in a grocery store or food market, or drugstore, limited to PS series liquor licenses.

C.

Only alcoholic beverages in original factory-sealed containers shall be permitted to be sold.

D.

In addition to the requirements of subsections A through C above, any establishment primarily engaged in the sale of alcoholic beverages for consumption off-site shall also be required to comply with all applicable state liquor laws.

E.

No package store or other establishment primarily engaged in the retail sale of liquor for consumption off-site shall be permitted closer than 500 feet to any religious facility, place of worship, school, day care center (child), park, or dwelling unit, or within 500 feet from any other establishment primarily engaged in the sale of alcoholic beverages.

1.

For purposes of this subsection E, the distance shall be measured in a straight line from any public entrance or exit of the establishment to the nearest property line of the religious facility, place of worship, school, day care center (child), park, or dwelling unit, or any public entrance or exit of any other establishment primarily engaged in the sale of alcoholic beverages.

2.

Where an establishment for the sale of alcoholic beverages is located in conformity with the provisions of this subsection, and a religious facility, place of worship, school, day care center (child), park or dwelling unit is subsequently established in the proximity of such existing establishment, then the separation requirements shall not apply.

3.

Notwithstanding this subsection E, where a package store is located in a shopping center which is 25,000 square feet or greater in size, the separation requirements from any dwelling unit shall not apply.

4.

In any planned development where the applicant is contemplating the sale of alcoholic beverages for consumption off the premises in an establishment which cannot meet the distance requirements set forth in this subsection E, the applicant shall request a deviation from the requirements of this subsection in accordance with section 2-506.C.2.A, Generally.

A.

Approval Required. The sale or service of alcoholic beverages for consumption on the premises is not permitted until the location is approved as follows.

1.

Administrative Approval. The Director may administratively approve the sale or service of alcoholic beverages for consumption on the premises, in conjunction with the following uses, if the proposed use satisfies the requirements set forth in this section. When circumstances so warrant, the Director may determine administrative approval is not the appropriate action and that the applicant shall instead apply for approval as a special exception in accordance with section 2-501.E, Special Exception. Such circumstances may include the previous denial of a similar use at that location, the record of public opposition to a similar use at that location, and similar circumstances:

A.

Village- or County-owned airports, arenas, and stadiums;

B.

Bowling alleys, provided the standards set forth in subsection B.2.A and 3 below are met;

C.

Bars in golf courses, tennis clubs, or indoor racquetball clubs, provided the standards set forth in subsections B.2.D, B.2.E, and 3 below are met;

D.

Hotels or motels, provided the standards set forth in subsection B.2.B and 3 below are met; and

E.

Beer and wine taste testing in conjunction with package sales (consumption off premises).

2.

Special Exception.

A.

A special exception approved in accordance with section 2-501.E, Special Exception, for consumption on the premises is required for:

1.

Any establishment not covered by subsection 1 above; or

2.

Any establishment which provides outdoor seating areas for its patrons consuming alcoholic beverages.

B.

The burden of proof lies with the applicant to demonstrate that the grant of the special exception will not have an adverse effect on surrounding properties.

3.

Within a Planned Development.

A.

No administrative approval is necessary where an individual establishment or other facility proposing consumption on the premises is explicitly designated on a PD Master Concept Plan, is included on the schedule of uses, and has hours of operation specifically listed in the PD adopting ordinance.

B.

If consumption on the premises is shown as a permitted use on the approved schedule of uses for a shopping center, no administrative approval for consumption on the premises is required for indoor portions of restaurants within the center.

C.

Consumption on the premises for other uses and outdoor seating within planned developments requires administrative approval or amendment to the planned development. Any consumption on premises located outdoors must have a public hearing prior to approval.

B.

Location.

1.

Prohibited Locations.

A.

Except as exempted in subsections C or 2 below, no establishment for the sale or service of alcoholic beverages for consumption on the premises shall be located within 500 feet of:

1.

A religious facility, place of worship, school, day care center (child) or park;

2.

A dwelling unit under separate ownership, except when approved as part of a planned development; or

3.

Another establishment primarily engaged in the sale of alcoholic beverages for consumption on the premises, excluding those uses listed under subsection 2 below.

B.

Distance shall be measured from any public entrance or exit of the establishment in a straight line to the nearest property line of the religious facility, place of worship, school, day care center (child), dwelling unit, or park, or to the closest public entrance or exit of any other establishment primarily engaged in the sale of alcoholic beverages.

C.

Where an establishment for the sale of alcoholic beverages is located in conformity with the provisions of this subsection, and a religious facility, place of worship, school, day care center (child), park, or dwelling unit is subsequently established in the proximity of the existing establishment, then the separation requirements shall not apply.

2.

Exemptions to Location Standards. The following specific principal uses are exempt from the location standards in subsection 1 above provided conditions listed in this subsection are met:

A.

Bowling Alleys.

1.

A bowling alley is only exempt from a location near another establishment primarily engaged in the sale of alcoholic beverages for consumption on the premises. A bowling alley is not exempt from distance requirements from a religious facility, place of worship, school, day care center (child), or park; or a dwelling unit under separate ownership, except when approved as part of a planned development;

2.

There are no signs, or other indication visible from the outside of the structure that beer or wine or other malt and vinous beverages are served;

3.

The bowling alley is in a fully air conditioned building with at least 10,000 square feet of floor space under one roof where both uses are owned by the same entity.

4.

The building contains at least 12 alleys available for bowling. The facilities for the service of food and beverages shall be in an area separate from the alleys.

5.

The facility for the service of food and beverages shall contain at least 2,000 square feet of usable floor space and shall accommodate at least 60 patrons at tables.

B.

Restaurants.

1.

The restaurant is in full compliance with state requirements;

2.

The restaurant serves cooked, full-course meals, prepared daily on the premises; and

3.

Only a service bar is used and the sale or service of alcoholic beverages is only to patrons ordering meals, or, if the restaurant contains a bar for patrons waiting to be seated at dining tables, the lounge is located so that there is no indication from the outside of the structure that the bar is within the building.

C.

Hotels or Motels.

1.

The hotel or motel contains at least 100 guest rooms under the same roof, and bars are located within the hotel or motel and under the same roof;

2.

The exterior of the building shall not have storefronts or give the appearance of commercial or mercantile activity visible from the highways.

3.

If the use contains windows visible from the highway, the windows shall be of fixed, obscure glass. Access to the use associated with consumption shall be through the lobby. Additional entrances are not permitted unless the additional entrance or door opens into an enclosed courtyard or patio. The additional entrance shall not be visible from a road. A fire door or exit is permitted so long as the door or exit is equipped with panic type hardware and is maintained in a locked position except in an emergency.

D.

Golf Course Clubhouses.

1.

The golf course consists of at least nine holes, a clubhouse, locker rooms, and attendant golf facilities, and is on at least 35 acres of land.

2.

Failure of the club to maintain the golf course, clubhouse, and golf facilities automatically terminates the privilege of the bar and sale of beer from the refreshment stands.

E.

Tennis Clubs and Indoor Racquet Clubs.

1.

The club shall be chartered or incorporated or own or lease and maintain a bona fide tennis club or four-wall indoor racquetball club consisting of not less than:

(a)

Ten regulation-size tennis courts; or

(b)

Ten regulation-size four-wall indoor racquetball courts; or

(c)

A combination of tennis courts and four-wall indoor racquetball courts numbering ten;

2.

Clubhouse facilities, pro shop, locker rooms, and attendant tennis or racquetball facilities, are all located on an abutting tract of land owned or leased by the club.

3.

There shall be no signs or other indications visible from the exterior of the clubhouse, building, or structure that alcoholic beverages are served.

F.

Clubs, Lodges, or Community-Oriented Organizations.

1.

The club or organization conforms to F.S. ch. 451, and all other applicable state laws; and

2.

There are no signs or other indication visible from the exterior of the clubhouse, building, or structure that alcoholic beverages are served.

C.

Parking. Establishments providing alcoholic beverages for consumption on the premises shall comply with the parking requirements in section 5-204, Off-Street Parking Standards.

D.

Procedure for Approval.

1.

Administrative Approval

A.

Application. An application for a consumption on the premises permit shall submit the following information in a form established by the Director:

1.

The name, address, and telephone number of the applicant.

2.

The name, address, and telephone number of the owner of the premises, if not the applicant.

3.

An authorization from the property owner to apply for the permit.

4.

Location by STRAP and street address.

5.

Type of state liquor license being requested and anticipated hours for the sale and service of alcoholic beverages.

6.

A site plan, drawn to scale, showing:

(a)

The property in question, including all buildings on the property and adjacent property;

(b)

Entrances to and exits from the building to be used by the public;

(c)

A parking plan, including entrances and exits;

(d)

The floor area of the building and proposed seating capacity. If a restaurant is proposing a bar for patrons waiting to be seated in the restaurant, the floor area and seating area of the bar shall be shown in addition to the restaurant seating area.

7.

A Village map marked to indicate all property within 500 feet of the building to be used for consumption on the premises.

8.

A sworn statement indicating that no religious facilities, places of worship, day care centers (child), schools, dwelling units, or parks are located within 500 feet of the building.

B.

Findings by Director. The Director shall approve the application only upon finding the following:

1.

There will be no apparent deleterious effect upon surrounding properties and the immediate neighborhood as represented by property owners within 500 feet of the premises.

2.

The premises are suitable in regard to their location, site characteristics, and intended purpose. Lighting will be shuttered and shielded from surrounding properties.

2.

Special Exception.

A.

Applications for special exception shall be submitted shall be in a form established by the Director and contain the same information required for administrative approval.

B.

Notice for public hearings shall be conducted in accordance with section 2-405, Scheduling of Public Hearing and Public Notification.

C.

Public hearings shall be conducted in accordance with section 2-407, Public Hearing Procedures.

E.

Temporary One-Day Permit.

1.

Intent and Applicability. It is the intent of this subsection to require all establishments in the Village who want to serve liquor at a special one-day event other than those listed below, to obtain a one-day temporary alcoholic beverage permit for the sale of alcoholic beverages at the specific location where an event is held. This includes but is not limited to the following uses:

A.

Grand openings or open houses at residential, commercial, mixed-use, or light industrial developments;

B.

Special outdoor holiday or celebration events at bars and restaurants;

C.

Weddings and other special occasions at clubhouses;

D.

Political rallies or events;

E.

Block parties; and

F.

Carnivals.

2.

Procedure for Approval.

A.

Any owner, lessee, or tenant seeking approval for consumption on the premises for a temporary alcoholic beverage permit, shall submit a written request to the Director. The written request shall include:

1.

The name and address of the applicant;

2.

A general description of the exact site where alcoholic beverages are to be sold and consumed;

3.

The type of alcoholic beverages to be sold and consumed;

4.

A fee in accordance with the adopted fee schedule; and

5.

A temporary use permit, if applicable.

B.

The Director shall render a final decision either approving, approving with conditions, or denying the application within a reasonable time. The Director may forward the request to other appropriate agencies for comment.

3.

Time Limit.

A.

Only 18 temporary alcoholic beverage permits may be issued per year to a specific location, including those in conjunction with a temporary use permit. If more than 18 permits are sought per year for a specific location, the location shall obtain a permanent alcoholic beverage special exception. If the event for which the temporary alcoholic beverage permit is sought continues for longer than one day, the applicant may petition the Director for an extended permit. A temporary alcoholic beverage permit will not be issued by the Director for more than three days.

B.

The PZDB will review all requests for temporary alcoholic beverage permits where an event will run longer than three days. Under no circumstances will a temporary alcoholic beverage permit be issued for more than ten days.

C.

If the temporary alcoholic beverage permit is obtained in conjunction with a temporary use permit, issuance of the permit shall comply with the time limits established in section 2-505.C, Temporary Use Permit.

F.

Expiration of Approval. After the following time periods, the administrative or special exception approval of a location for the sale and consumption of alcoholic beverages on the premises granted in accordance with this section will expire and become null and void:

1.

In the case of an existing structure, the approval will expire six months from the date of approval unless, within that period of time, operation of the alcoholic beverage establishment has commenced. For purposes of this subsection, the term "operation" is defined as the sale of alcoholic beverages in the normal course of business.

2.

In the case of a new structure, the approval will expire one year from the date of approval unless, within that period of time, operation of the alcoholic beverage establishment has commenced. The Director may grant one extension of up to six months, if construction is substantially complete.

G.

Transfer of Permit. Alcoholic beverage permits, excluding permits as noted in subsection A.1, Administrative Approval A.1 above, issued by virtue of this section are a privilege running with the land. Sale of the real property will automatically vest the purchaser with all rights and obligations originally granted to or imposed on the applicant. The privilege may not be separated from the fee simple interest in the realty.

H.

Expansion of Area Designated for Permit. The area designated for an alcoholic beverage permit may not be expanded without filing a new application for an alcoholic beverage permit in accordance with the requirements of this section. The new application shall cover both the existing designated area as well as the proposed expanded area. All areas approved shall be under the same alcoholic beverage permit and subject to uniform rules and regulations.

I.

Nonconforming Establishments.

1.

Expansion. A legally existing establishment engaged in the sale or service of alcoholic beverages made nonconforming by reason of the regulations contained in this section may not be expanded without approval of a special exception in accordance with section 2-501.E, Special Exception. The term "expansion," as used in this subsection, includes the enlargement of space for the use and uses incidental thereto, and the expansion of a beer and wine bar to include intoxicating liquor, as that term is defined by the Florida Statutes. Nothing in this subsection may be construed as an attempt to modify any prohibition or diminish any requirement of state law.

2.

Abandonment. Any uses, created and established in a legal manner, which thereafter become nonconforming, may continue until there is an abandonment of the permitted location for a continuous six-month period. For purposes of this subsection, the term "abandonment" means failure to use the location for consumption on the premises purposes as authorized by the special exception, administrative approval, or other approval. Once a nonconforming use is abandoned, it cannot be reestablished unless it conforms to the requirements of this LDC and new permits are issued.

J.

Revocation of Permit Approval.

1.

The Director in cases where the Director would have authority to approve the original permit, and otherwise the PZDB, has the authority to revoke an alcoholic beverage special exception, administrative approval, or other approval upon any of the following grounds:

A.

A determination that an application for special exception or administrative approval contains knowingly false or misleading information.

B.

Violation by the permit holder of any provision of this LDC, or violation of any state statute which results in the revocation of the permit holder's state alcoholic beverage license by the State Alcoholic Beverage License Board or any successor regulatory authority.

C.

Repeated violation of any Village ordinance at the location within the 12-month period preceding the revocation hearing.

D.

Failure to renew a state liquor license, or written declaration of abandonment by the tenant and owner of the premises if under lease, or by the owner if not under lease.

E.

Abandonment of the premises. An establishment which continually maintains (renews) its state liquor license, even though it has suspended active business with the public, will not be deemed to have been abandoned for purposes of this subsection.

F.

Violation by the permit holder of any condition imposed upon the issuance of the special exception or administrative approval.

G.

Violation of any of the minimum standards of the special exception.

2.

Prior to revoking an administrative approval, special exception, or other approval for alcoholic beverages, the Director or PZDB, as appropriate, shall conduct a public hearing at which the permit holder may appear and present evidence and testimony concerning the proposed revocation. At the hearing, the Director may revoke the permit if a violation described in this subsection is established by a preponderance of the evidence. The permit holder shall be notified of the grounds upon which revocation is sought prior to any hearing, and shall be given notice of the time and place of the hearing.

3.

When an alcoholic beverage permit is revoked in accordance with the terms of this subsection, the Village shall not consider a petition requesting an alcoholic beverage permit on the property for a period of 12 months from the date of final action on the revocation.

4.

Upon written demand of the Director, any owner or operator of an establishment with a consumption on premises license shall make, under oath, a statement itemizing the percentage of gross receipts from the sale of alcoholic beverages. Failure to comply with the demand within 60 days of the demand date is grounds for revocation of the special exception, administrative approval, or other approval.

K.

Appeals. All appeals of a decision by the Director shall be in accordance with section 2-506.D, Appeal of Administrative Official Decision.