A.

Uses not specifically listed.

1.

Specific uses are listed in subsection 118.3.6, Use Categories. Uses may be further defined in Chapter 142, Definitions. Any principal use not listed is prohibited unless the director determines that the use is similar in nature to a permitted use already listed in this Code. Where the similar permitted use is subject to a use standard or conditional use review, the proposed use shall also be subject to such standard or approval. The director shall not amend this Code by adding to or eliminating any use standard for the proposed use.

2.

Where a use not listed is found by the director not to be similar to any other permitted use, the use shall be permitted only following a text amendment. Treatment of a use not listed shall be determined by the director by applying the following criteria:

a.

The actual or projected characteristics of the proposed activity in relationship to the stated characteristics of each use.

b.

The relative amount of site area or floor space and equipment devoted to the activity.

c.

Relative amounts of sales from each activity.

d.

The customer type for each activity.

e.

The relative number of employees in each activity.

f.

Hours of operation.

g.

Building and site arrangement.

h.

Types of vehicles used and their parking requirements.

i.

The relative number of vehicle trips generated.

j.

Signs.

k.

How the use is advertised.

l.

The likely impact on surrounding properties.

m.

Whether the activity is likely to be found independent of the other activities on the site.

B.

Developments with multiple principal uses.

1.

When the principal uses of a development fall within different use categories, each principal use shall be classified or treated individually and each use shall be subject to all applicable regulations for that use.

2.

A development comprised of separate uses shall be reviewed using the most restrictive process from among the proposed uses.

Commentary: If a proposed development includes a gas station, library and a restaurant, including outparcels, and one of those uses is only permitted as a conditional use in the district, then the entire development requires conditional use review.

3.

Where a use requiring approval as a conditional use lies on a separate legal parcel, only the building containing the use and its separate parcel shall be subject to review, not the entire project. However, where the separate legal parcel is an outparcel, the application shall describe the relationship of the outparcel to the remaining site.

C.

Accessory uses.

1.

Accessory uses are allowed by-right in conjunction with a principal use as set forth in section 118.3.4, Accessory Uses. No accessory use may be established on a site without a principal use.

(Ord. No. 3422, § 4, 1-14-2008; Ord. No. 3841(Exh. A), § 1, 10-1-2018)

Editor's note— Ord. No. 3841, § 1, adopted October 1, 2018, repealed § 118.3.2, which pertained to permitted use table and derived from Ord. No. 3422, § 4, 1-14-2008; Ord. No. 3473, § 5, 6-16-2008; Ord. No. 3594, § 2, 1-17-2012; Ord. No. 3835, § 1, 5-7-2018.

The purpose of additional use standards is to ensure that the common impacts of certain uses are ameliorated. The use standards are intended to apply to by-right development.

A.

Residential use standards.

1.

Single-family attached, townhouse.

a.

A minimum of 35 percent open space shall be required for all new townhouse and single-family attached developments.

b.

On-site recreational facilities shall be provided in compliance with the Comprehensive Plan, Recreation and Open Space Standard 1.1.4.1 and Standard 1.1.4.2 unless the project is located within the "maximum service radius" of a community, neighborhood or mini-public park (See City Comprehensive Plan, Recreation and Open Space Policy 1.1).

2.

Two-family. Existing two-family dwellings of record before November 1, 2004, may be converted to a single-family attached dwelling if minimum lot size and unit size is met and the resulting units comply with current life, safety and building codes.

3.

Multifamily.

a.

Multifamily units in legal existence on or before September 4, 1990, shall be a special nonconforming use in the RS-D District in the Central Fort Myers Area Study only. Such multifamily uses may be continued indefinitely, remodeled or replaced provided that the use has not been abandoned for over a six-month period. No increase in the number of units shall be allowed. Variances from these provisions may be necessary and may be considered by the board of adjustment in accordance with section 98.3.5, Variances.

b.

Multifamily units in legal existence on or before July 8, 1997, shall be a special nonconforming use in the areas identified on maps B-1 through B-5 found in addendum A, at the end of this chapter. Such multifamily uses may be continued indefinitely, remodeled or replaced. No increase in the number of units shall be allowed. Variances from these provisions may be necessary and may be considered by the board of adjustments in accordance with section 98.3.5, Variances.

4.

Manufactured home and recreational vehicle parks.

a.

No manufactured home park shall be established in the city unless it meets all of the following requirements:

1)

The park is not less than eight acres in area and of a single plot of ground.

2)

The location shall have a minimum frontage of 100 feet on, and be accessible from, an arterial street only.

3)

Complete plans of the entire tract indicating utility facilities, mobile home stands, administrative and utility buildings, streets and/or driveways, walkways, parking spaces and all other pertinent information shall have been submitted and approved by the appropriate city and county departments.

4)

Not less than 50 manufactured home stands shall be completed and ready for occupancy before the first occupancy is permitted.

5)

Manufactured home stands shall be not less than 40 feet in width and each stand shall contain not less than 2,700 square feet.

6)

Each stand shall be clearly defined and no manufactured home or part thereof (i.e., cabanas, carports, patios, utility buildings or structures, etc.) shall be closer to the side or rear line than seven feet or closer to the front line than ten feet.

7)

No manufactured home stand shall be closer to the park boundary lines, when such boundary lines are common property lines, than ten feet or closer to street right-of-way lines than 26 feet. Such setback areas shall be landscaped and shall not be used for any other purpose, except for necessary walks or driveways as approved by the director. When the common property boundary line is adjacent to a developed residential area, such area shall be effectively screened by dense vegetative plantings, or an approved fence or wall.

b.

Except as provided in the above provisions of this section, the rules of the state department of health, are hereby made a part of this section as if set out in full herein.

c.

No recreational vehicle park shall be established in the city unless it meets the requirement that it shall be not less than eight acres in area on a single plot of ground.

B.

Civic use standards.

1.

Religious Institutions may include a variety of accessory uses which may be permitted in accordance with the definition found in Chapter 142 of this Code. Uses, in conjunction with a religious institution which are not included in the definition must comply with the following standards:

a.

A gymnasium or similar indoor recreational facility is permitted provided that the minimum parcel size of the place of worship shall not be less than ten acres.

b.

A cemetery is permitted provided that the minimum parcel size of the place of worship shall not be less than ten acres.

c.

Overnight accommodations for visiting clergy and non-paying guests of clergy employed by the place of worship are permitted provided that the minimum parcel size of the place of worship shall not be less than ten acres.

d.

The following accessory uses are permitted only as conditional uses, subject to the requirements of section 98.3.8.

i.

Day care center in residential districts only.

ii.

Schools in residential districts only.

iii.

Soup kitchens or other social service facilities in all districts.

iv.

Athletic field or similar facility.

C.

Commercial use standards.

1.

Alcoholic beverage establishments.

a.

No licenses for the consumption of beverages containing more than one percent alcohol by weight shall be granted to a vendor or operator of a bottle club or bar, not including restaurants where alcohol is served, whose place of business is within 600 feet of an established place of worship or public school; nor shall a place of worship or public school be granted a license or permission to be within 600 feet of a vendor or operator of a bottle club or bar, not including restaurants where alcohol is served, that is licensed for the consumption of beverages containing more than one percent alcohol by weight; which distance shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of such place of business to the nearest entrance of any place of worship; and in case of a public school, to the nearest point of the school grounds in use as part of the school facilities. Such distances are to be ascertained by the building official.

b.

An established place of worship or public school will be recognized only if the place of worship or public school has obtained and passed all certificate of occupancy inspections for its premises and has also registered with the occupational licensing division of the building and zoning department. There is no charge for the actual occupational license; however, any place of worship or public school is still required to meet all of the criteria in order to obtain a certificate of occupancy for the building which they occupy.

c.

These requirements do not apply to establishments which sell alcohol strictly for off-premises consumption, such as grocery stores, convenience stores, and liquor stores.

d.

A variance may be granted from the 600-foot rule if the applicant shows that the building was historically used as a place of worship or an establishment that was a bottle club or bar and meets the criteria of section 98.3.5, Variance except for subsection 98.3.5.A.3.

e.

The Downtown Redevelopment Area shall be exempt from these requirements.

f.

Microbreweries and microdistilleries

1.

Defined as an establishment that produces no more than 15,000 barrels or gallons of malt beverages or spiritus beverages on site.

2.

Establishment shall have an on-site tasting room in which guest/customers may sample the product. Food may be served on-site but is not required.

2.

Animal hospital, veterinary clinic, pet clinic, animal boarding, animal shelter, kennel, doggy day care. In the CG and CI districts, no outdoor runs shall be permitted within 300 feet of a residential use or zoning district. All overnight care of animals shall occur indoors. All pens, kennels and runs shall be located within an enclosed building.

3.

Art or photo studio, gallery. Limited retail is permitted for products produced by the resident on the premises.

4.

Convenience store with gas pumps, gas station.

a.

General provisions.

1)

The primary building, including the fuel canopy, shall conform to all building envelope standards.

2)

Gasoline pumps, tanks, vents and pump islands shall be located no closer than 20 feet to any side or rear property line or right-of-way.

3)

No sign of any type or any gasoline pump or tank shall be located within 20 feet of residential district.

4)

Where the facility is adjacent to any residential district, there shall be a 100 percent opaque eight-foot high visual barrier or screen on the property line abutting the residential lot, provided such barrier or screen shall not restrict clear sight at any intersection or driveway.

5)

Freestanding vents shall be screened from public right-of-way.

b.

Fuel canopies.

1)

The canopy shall be located no closer than 15 feet to any side or rear property line or right-of-way.

2)

The canopy shall not exceed the height of the principal building, but in no case shall the canopy height exceed 20 feet.

3)

The canopy shall be constructed of building materials consistent with that of the principal building, including the roof.

4)

The canopy shall be integrated structurally and architecturally into the design of the principal building and shall be complementary to the overall color scheme of the building facade from which it projects.

5)

Canopy lighting shall not extend beyond the area beneath the canopy and all fixtures shall be recessed, including any fixture or lens.

c.

Single-bay automatic car wash. An accessory single-bay automatic (not self-service) car wash completely enclosed except for openings necessary to allow entry and exit of vehicles shall be permitted subject to the following:

1)

The car wash structure shall be located no closer than 20 feet to any side or rear property line or right-of-way. The car wash structure shall be located no closer than 50 feet to any side or rear property line adjacent to a residential district.

2)

The car wash structure shall meet all applicable building envelope standards.

3)

The car wash structure shall be constructed of building materials consistent with that of the principal building, including the roof.

4)

The doors of the car wash building shall be architecturally compatible with the car wash building and shall be fully closed when the facility is not in operation.

5)

The car wash structure shall be located behind the rear building line of the principal building.

6)

The car wash structure shall be sited so as to discourage direct street view of the facility. Direct street access is permissible only when appropriate landscaped areas such as, but not limited to, planter islands or other landscaped features are used to screen from street view.

7)

The car wash facility shall not operate before 6:00 a.m. or after 10:00 p.m., when the car wash building is within 60 feet of a residential property.

5.

Flea markets. New flea markets shall be a minimum of five acres in size, operated within the confines of an enclosed building and have access on an arterial roadway.

6.

Marinas.

a.

Any marina proposed to be constructed, added to, repaired or structurally altered shall first obtain a permit from the appropriate state and federal agencies, if necessary, as well as a permit from the city in accordance with applicable regulations, and written consent of the bottom owner.

b.

Any proposed commercial marina must receive a permit or a letter of no objection from the appropriate state and federal agencies and execute a lease for the river bottom with the state or city, or provide proof of ownership of the river bottom before a city permit shall be issued.

7.

Pawnshops. Pawnshop establishments shall not be permitted to have the exterior walls of the establishment, excluding permitted signs, to be any color other than a single achromatic, earth-toned or pastel color, and shall not allow any of the awnings, canopies, window shutters or other trim or window treatments to be any color other than a different shade of the single achromatic, earth-toned or pastel color of the walls. The trim color shall not exceed 20 percent of the entire exterior surface of the building.

8.

Self-service storage facility.

a.

General.

1)

No electrical power supply shall be accessible to the renter/lessee of the storage unit with the exception of lighting fixtures and climate controls.

2)

The following activities shall be prohibited on the premises:

a)

Commercial, wholesale or retail sales, flea markets or peddling, or miscellaneous or garage sales. However, once a month, the management of the self-storage mini-warehouse complex may conduct a one-day auction or sale of abandoned or stored materials to settle unpaid storage bills in accordance with State of Florida regulations.

b)

Servicing, repair, or fabrication or motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.

c)

Operation of a transfer-and-storage business.

d)

Operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment except when needed for maintenance of the use.

e)

Any activity that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.

f)

Storage of hazardous chemicals, flammable liquids, or combustible and explosive materials.

g)

Habitation of storage units by humans or animals.

b.

Warehouse, self-service, mini-storage.

1)

All storage shall be contained within a fully-enclosed building. However, the storage of boats, RV's or other similar vehicles may be permitted in accordance with section 118.3.7, Outdoor Storage and Display.

2)

A 100 percent opaque eight-foot high visual barrier or screen shall be provided around the perimeter of the property.

3)

Where the end wall of the self-storage facility is visible from a public right-of-way, the wall shall be buffered by a hedge that has a mature height of at least four feet.

4)

Each storage space shall contain a maximum of 250 square feet.

c.

Warehouse, self-service, indoor multi-story.

1)

All warehouse storage on the property shall be in a minimum two-story, single-enclosed building. All storage units shall be accessed internally. External doors to individual units shall not be permitted. One consolidated loading area is permitted to the rear or side of the building.

2)

The outdoor storage of boats, RV's or other similar vehicles may be permitted in accordance with section 118.3.7, Outdoor Storage and Display.

9.

Vehicle service and repair.

a.

General.

1)

Where the facility is adjacent to a residential district, there shall be a 100 percent opaque eight-foot high visual barrier or screen on the property line abutting the property, provided such barrier or screen shall not restrict clear sight at any intersection or driveway.

2)

There shall be no dismantling of vehicles for salvage.

3)

The storage of impounded vehicles shall not be permitted.

4)

The sale or rental of vehicles may be permitted if allowed as a principal use in the respective district. Such a facility shall meet all the requirements of paragraph 12 below.

b.

CG, CI Districts.

1)

Except for full- or self-service vehicle wash facilities, all repair and service activity shall be conducted within a fully-enclosed building.

2)

The service bay doors shall be oriented towards the side or rear of the building and shall in no case face a designated primary street.

3)

The outdoor overnight storage of vehicles awaiting repair is permitted in accordance with 118.3.7, Outdoor Storage and Display.

10.

Vehicle sales, lease, or rental.

a.

Applicability. Except as otherwise provided in this section, these regulations shall apply to any business or use operating in the City which provides an outdoor public display for the sale, lease, or rental of new or used automotive vehicles in areas other than designated parking spaces.

b.

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

1)

Vehicle display area means the area outside a building where a business displays vehicles that are available for sale, lease, or rent to the public, and not located in approved parking spaces.

2)

Vehicle display area buffer means the area between a vehicle display area and a street where vehicles may not be displayed and where landscaping is required.

3)

Vehicle sales, lease, or rental agency means a business where new or used automobiles, trucks, recreational vehicles, (i.e., motorcycles, boats, trailers, campers, or similar vehicles and equipment) are displayed for sale, lease, or rent to the public. This section does not apply to agricultural, construction equipment or vehicles designated class 7 or higher, or businesses or uses within the IL and IH zoning districts.

4)

Lawfully existing means a business or use regulated under this section which has a valid city business tax receipt and Florida Department of Motor Vehicles motor vehicle's dealers license, and any other applicable licenses and/or approvals for a particular site as of May 7, 2018.

c.

Dimensional requirements. All businesses subject to this section shall have a minimum lot area of one-half acre. However, businesses subject to this section on property less than one-half acre under this section which was lawfully existing as of May 7, 2018 is granted nonconforming status and shall be considered a legally nonconforming use pursuant to section 98.4.4. Status as a legally nonconforming use shall expire if the operation ceases consistent with section 98.4.4.

d.

Standards. All businesses subject to this section shall comply with the following prior to issuance of a business tax receipt (existing businesses shall comply within 18 months of the effective date of this ordinance, unless otherwise specified below):

1)

Provide an accurate sketch of the site that includes the following (Except for existing businesses with previously approved and active site plans or site work permits shall not be required to submit the site sketch):

i)

The sketch shall be drawn to scale and show the entire parcel being used by the vehicle sales, rental, or leasing agency.

ii)

The sketch shall include the acreage and dimensions of the lot; location of the designated vehicle display area; location and dimensions of the landscape buffer; location and dimensions of all structures; and location and dimensions of customer parking spaces.

2)

Vehicles on display are prohibited from being located on any sidewalk, right-of-way, on or in any required buffer yard, display area buffer, designated customer parking, or emergency access aisle.

3)

Customer parking shall be prominently identified with signage.

4)

Parking spaces for display vehicles shall be a minimum of eight feet in width. Vehicles may be stacked as long as they do not impede drive aisles or emergency access.

5)

Lots less than one-half acre shall provide a minimum three customer parking spaces and shall comply with the handicapped parking requirements contained in chapter 134.

6)

Landscape and buffer yard requirements shall be as follows:

i)

Existing businesses lawfully operating as of May 7, 2018, and new businesses established on previously developed sites shall provide a minimum landscape buffer of five feet in width on all side and rear yards. New businesses locating on previously undeveloped sites shall provide a minimum landscape buffer of 15 feet on the front, side and rear of the property.

In lieu of a landscape buffer, the street frontage on previously developed sites may contain a physical barrier between the vehicle display or customer parking area and the sidewalk or road. The physical barrier shall consist of a landscape hedge, bollards, fence, or other barrier to distinguish the auto sales establishment operation from the right of way.

ii)

Trees shall be planted in the vehicle display area buffer in accordance with chapter 138 requirements for trees, including trees in buffer yards and street trees along designated corridors. Trees may be clustered with approval of community development director. Lots less than one-half acre shall be exempt from this requirement.

iii)

Shrubs shall be provided within the required landscape buffer and shall be a minimum of 24 inches in height at time of planting, a minimum of a three-gallon size container, and be spaced 18 to 24 inches on center. Shrubs used for screening must be at least 36 inches in height by one year after installation and maintained in perpetuity at said height. Shrubs located within the site visibility triangle shall be maintained at a maximum 24 inches to allow visibility at intersections.

iv)

The following is a list of plant alternatives considered drought resistant that require the least amount of irrigation. A drip irrigation system shall be required with the installation of the new landscaping. The required shrubs are encouraged to be selected from one (or more) of the following drought-resistant species with spacing as follows:

1)

Coco plum;

2)

Firebush;

3)

Simpson Stopper;

4)

Orange jasmine; and/or

5)

Viburnum suspensum.

v)

Shrubs shall not be pruned vertically lower than 30 inches above the ground.

vi)

Ground cover shall be a drought-resistant species and planted every 12 to 18 inches on center. Sod shall be prohibited in vehicle display area buffers, except where buffer is greater than ten feet in depth.

7)

In accordance with F.S. § 320.27(3), demonstrate that the location provides an adequately equipped office and is not a residence; that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale, rent or lease.

e.

Deviations and variances. Deviations and variances shall be permitted in accordance with the following:

1)

Where physical constraints make compliance impossible, an administrative variance may be granted by the community development director or designee.

2)

Previously approved deviations or variances for existing vehicle sales agencies in operation at the effective date of this ordinance shall remain in effect.

3)

Where the applicant believes to be aggrieved by the decision of the community development director, such appeal shall be taken not more than 30 days from the date of the decision of the community development director, by filing with the community development director a notice of appeal on forms provided by the city. Every appeal shall refer to the specific provision involved and shall set forth the interpretation that is claimed. Within 30 days of receipt of the notice of appeal, the city council shall, at a public meeting, determine reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made; and to that end, shall have the power of the community development director from whom the appeal is taken.

D.

Industrial use standards.

1.

Junkyards and recycling business operations. In order to implement City Charter section 9.2 approved on November 5, 2015, governing approvals of junkyards or recycling centers, while conforming to the requirements of state law, including but not limited to F.S. § 163.3167(8), it is necessary that the city adopt appropriate land development regulations governing approval of junkyards and recycling centers. In order to allow sufficient time to adopt necessary land development regulations governing junkyards and recycling centers, a moratorium effective immediately, is hereby imposed on any land development approvals and issuance of development orders or development permits, for new junkyards or recycling businesses or expansion of existing junkyards or recycling businesses within the city. This moratorium shall exist for one year from the effective date of November 21, 2016, unless rescinded earlier by ordinance of the city council. The city council shall repeal this moratorium at such time as appropriate land development regulations have been adopted as provided for herein so that this moratorium shall not continue to exist longer than necessary. During this moratorium, however, a lawful existing junkyard and/or recycling business that is located on land in the Dunbar/Belle Vue annexation area may apply for relocation through the planned unit development process. A permitted "relocation" is defined during the moratorium period as a discontinuance of existing lawful uses on one site and a movement of those same uses to a different site zoned Heavy Industrial that the city council deems as more suitable when the type of use does not change and no additional uses are added (i.e., junkyard to junkyard, or recycling to recycling, but not recycling to junkyard plus recycling). It is intended that during the moratorium, no relocation of a junkyard or recycling business will result in any expansion in the amount of land for either use; however, additional land that may be required for setbacks, buffers, or surface water management at the new location may be included in the application. During the moratorium, the planner engaged by the city to conduct a study of junkyard and recycling businesses and shall assist city staff in preparation of the required staff report for any land development approval applications for a relocated junkyard or recycling business. The purposes of this assistance is to analyze compliance with emerging junkyard and recycling criteria in the staff report and allow those criteria to be considered by the planning board and city council when reviewing the relocation application. During the period of time in which this moratorium is in effect, this subsection will govern development orders concerning junkyards or recycling centers or expansions thereof. The city will not hold a referendum in violation of F.S. § 163.3167(8).

a.

Existing junkyard identification. Existing junkyards are identified as follows:

1)

A&D Scrap Material Inc., 3066 Cranford Avenue, Strap Number 25-44-24-P2-200170E.0010;

2)

Glen Fox, 4871 Dr. Martin Luther King, Jr. Boulevard, Strap Number 21-44-25-P2-2000100.021A;

3)

Glen Fox, 4981 Dr. Martin Luther King, Jr. Boulevard, Strap Number 21-44-25-P2-2000100.0220;

4)

Damron Auto Parts, 5001 Dr. Martin Luther King, Jr. Boulevard, Strap Number 21-44-25-P2-2000100.0230;

5)

Allied Recycling Inc., 3770 Veronica S. Shoemaker Boulevard/Palmetto Extension, Strap Number 29-44-25-P1-00104.0080;

6)

P & S Auto Salvage Inc., 3800 Veronica S. Shoemaker Boulevard/ Palmetto Extension, Strap Number 29-44-P1-00104.008A;

7)

Allied Recycling Inc., 3460 Dr. Martin Luther King, Jr. Boulevard, Strap Number 19-44-25-P2-0140A.0010;

8)

Auto Parts Salvage Inc., 2419 Henderson Avenue, Strap Number 19-44-25-P2-00926.0010;

9)

Affordable Auto Salvage Inc., 3312 Edison Avenue, Strap Number 19-44-25-P2-00927.0100;

10)

Garden Street Iron & Metal Inc., 3350 Metro Parkway; Strap Number 30-44 25-P4.00108.0000.

b.

Existing recycling business operation identification. Existing recycling business operations are identified as follows:

1)

Garden Street Paper Products, 2998 South Street, Strap Number 19-44-25-P4-200010E.0020;

2)

Waste Corporation of Florida, Inc., 4251 Michigan Link, Strap Number 17-44-25-P3-2000061.0040;

3)

C.M. Gray Scrap Metals, 2803 Lafayette Street, Strap Number 19-44-25-P1-2000315.0100;

4)

Reynolds/American Aluminum Recycling, 2203 Cleveland Avenue, Strap Number 24-44-P1-2000402.0010;

5)

Forestry Resources, Inc., 4259 Michigan Link, Strap Number 17-44-25-P3-2000061.0020, plus parcels 00061.002A, 00061.0010, and 00061.0030, and Strap Number 16-44-25-P4-2000300.0280; and

6)

Any new recycling business operation permitted after March 18, 2002.

c.

Conflicting provisions. Where these regulations conflict with other Land Development Code requirements, these use standards shall apply.

d.

Existing junkyard operations regulated.

1)

Existing junkyard operations identified in paragraph a above are prohibited from expansion.

2)

For purposes of this section, the term "expansion" means the physical expansion or enlargement of the geographic boundaries of a site. Such term shall not mean additional construction or buildings.

3)

Relocation of existing junkyards may be considered by the city council if the relocation site has a future land use designation of light industrial or heavy industrial and the relocation site can be shown to improve the visual impact from the roadways and surrounding properties by observing increased setbacks from the property lines, utilizing sightproof screening, and improving the traffic circulation on the road network by utilizing traffic calming measures. The building and operations shall observe a minimum 250-foot front yard setback and 40-foot setback from all other yards adjacent to nonindustrial districts. Retail business activity may be considered within the 250-foot setback area and shall be wholly contained inside a building, with no outside storage of goods or materials. Said relocation of a junkyard operation with a retail component may be through the planned unit development process.

e.

New junkyards. New junkyards are expressly prohibited.

f.

Existing recycling business operations.

1)

The existing recycling business operations identified in paragraph b above may be allowed future expansion through the planned unit development process and only on property designated as heavy industrial.

2)

No existing recycling business operation shall be allowed expansion if the Heavy Industrial property is within a 1,000-foot radius of property zoned or developed as residential, educational or recreational, unless it can be shown that the expansion area will have the effect of reducing adverse impacts on the residential, recreational or educational zoned or developed property by improving the views and vistas and by reducing or eliminating vehicular traffic. Possible expansion areas within a 1,000-foot radius of property zoned or developed residential, educational or recreational that can meet the above traffic criteria may be considered through the planned unit development process.

g.

New recycling business operations.

1)

New recycling business operations shall be permitted through the planned unit development process only in areas designated heavy industrial as reflected on future land use map that is on file in the city clerk's office, and designated as potential areas for new recycling business operations.

2)

New recycling business operations shall be expressly prohibited from being located within a 1,000-foot radius of property zoned or developed as residential, recreational or educational.

3)

New recycling business operations shall be wholly contained and operated from an enclosed building. No outside storage of goods, materials or equipment shall be permitted. A sightproof screening shall be required along all public rights-of-way and along any yard adjacent to a nonindustrial land use or nonindustrial land use district and shall comply with the following:

a)

Such screening shall be a minimum of a ten-foot high, sightproof enclosure, consisting of a solid fence or wall with a hedge or berm.

b)

The solid wall shall be either reinforced masonry, concrete stanchioned-slat fencing system, or some other substantial material as approved by the director.

c)

When the wall and berm or fence and berm combination is utilized, the solid wall or fence shall comprise 50 percent of the overall height.

d)

All berming shall be 100 percent landscaped with low ground cover such as juniper, liriope, or lantana, and shall be provided with irrigation in accordance with section 138-5.

e)

Fence or wall columns are required at ten-foot intervals to break up the solid expanse of wall sections.

f)

The maximum height of the solid wall or wall and berm shall not exceed 15 feet.

g)

When berms are utilized, maximum slopes of three to one shall be used.

h)

The sightproof enclosure shall be set back between 15 feet and 40 feet, depending on the buffer yard requirement set forth in chapter 138 and shall be set back 50 feet on arterial streets and 30 feet from all other rights-of-way.

i)

A minimum perimeter planting shall be installed along the outside of the sightproof enclosure and shall consist of a minimum of five shade trees, and shall be a minimum of 12 feet in height at planting, and 30 shrubs, to be three-gallon size at planting, per 100 linear feet, or a double row of hedges, at staggered planting, and a minimum of 48 inches at installation, and shall be maintained at 60 inches high, and must be a continuous visual screen within one year after the time of planting, or some other comparable planting scheme approved by the community development director.

j)

The location of the solid wall and required vegetation shall be subject to the visibility at intersection requirements of chapter 134.

h.

Mandatory supplemental regulations. The following use regulations are applicable to existing junkyards, existing recycling business operations, and new recycling business operations:

1)

Maintenance of the required perimeter planting area shall be the responsibility of the property owner. If any plant materials die, they shall be replaced within 60 days so that the required number of trees and shrubs are always maintained. The landscaping shall be maintained, fertilized, including use of appropriate pesticide and weed control application, and sprinklered twice weekly in the months of October through May, and once weekly in the months of June through September. An efficient irrigation system shall be provided. Use of xeriscape principles, native species, ground cover and mulch is encouraged. The planting area shall be kept clean and free of litter, trash and debris with cleanup in 24-hour intervals.

2)

No materials are to be visible above the solid wall from eye level (six feet above grade) at the adjoining road pavement edge. This is not applicable for new recycling business operations which are wholly contained and operated from a building.

3)

The operation of equipment or processing of materials shall be limited to the hours of 7:00 a.m. and 5:00 p.m. on weekdays, 7:00 a.m. and 5:00 p.m. on Saturdays, and closed on Sundays when located within 1,000 feet of a residential or recreational use, excluding new recycling business operations to which this subsection is not applicable.

4)

The number of parking spaces required shall be according to the requirements of chapter 134. A minimum of five paved parking spaces shall be provided, plus necessary loading spaces and access for emergency vehicles shall be provided in accordance with the requirements of the Land Development Code.

i.

Amortization program for screening existing junkyards and recycling business operations. An amortization program to screen existing junkyard operations and existing recycling business operations identified in subsections a and b above shall be as follows:

1)

All city permit fees due as a result of this amortization program are waived.

2)

The amortization program shall be completed within 12 months from March 18, 2002.

3)

The previously required sightproof enclosure shall be reinforced, rebuilt/stabilized, and repainted, as necessary, as determined by the director.

4)

A minimum perimeter planting along all street frontages shall be installed at a minimum number of plantings of five shade trees, shall be a minimum of 12 feet in height at the time of planting, and 30 shrubs, to be three-gallon size at planting, per 100 lineal feet, or a double row of hedges, at staggered planting, a minimum of 48 inches at installation and maintained at 60 inches high, and must be a continuous visual screen within one year after the time of planting, or some other comparable planting scheme approved by the community development director.

j.

Administrative relief. Where environmental concerns or physical constraints make compliance impossible, an administrative variance may be recommended by the community development, permit and inspection, planning and director, and the director of the public works department jointly, and approved by the community development director.

k.

Appeals. Where the applicant feels aggrieved by the decision of the community development director, such appeal shall be taken not more than 30 days from the date of the decision of the community development director, by filing with the community development director a notice of appeal on forms provided by the city. Every appeal shall refer to the specific provision involved and shall set forth the interpretation that is claimed. Within 30 days of receipt of the notice of appeal, the city council shall, at a public meeting, determine reverse, or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made; and to that end, shall have the powers of the community development director from whom the appeal is taken.

2.

Warehousing, storage, and wholesale operations. Cold storage plants, frozen food lockers, truck terminals, ice storage houses, fish houses and storage houses containing noxious materials are prohibited.

3.

Outdoor storage yard (principal use). All areas used for outdoor storage shall be on a compacted surface acceptable to the engineering division and screened along all street frontages in accordance [with] the requirements in section 118.3.7 Outdoor storage and display.

4.

Prohibited uses in industrial districts. Establishment of any of the following uses is expressly prohibited:

a.

Abattoirs.

b.

Acid manufacturing.

c.

Creosote treatment or manufacturing.

d.

Fertilizer manufacturing.

e.

Gunpowder, fireworks or other explosive manufacturing.

f.

Junkyards.

g.

Mineral excavation or refining.

h.

Paper or pulp mills.

i.

Poison or toxic gas manufacturing.

j.

Portland cement manufacturing.

k.

Slag or rock crushing.

l.

Stockyards.

m.

Private wastewater facility.

n.

Any other use, the operation of which may be noxious, offensive or injurious to persons or properties of this community by reason of the emission of excessive amounts of odor, dust, particulate matter, smoke, gas, fumes, noise, refuse matter, vapors, vibrations or other substances or conditions.

(Ord. No. 3422, § 4, 1-14-2008; Ord. No. 3473, §§ 6, 7, 6-16-2008; Ord. No. 3563, § 2, 8-16-2010; Ord. No. 3695, § 1, 1-6-2014; Ord. No. 3748, § 1, 7-20-2015; Ord. No. 3784, § 1, 11-21-2016; Ord. No. 3823, § 2, 1-16-2018; Ord. No. 3835, § 2, 5-7-2018; Ord. No. 3841, § 1(Exh. A), 10-1-2018; Ord. No. 3890, § 1(Exh. A), 1-21-2020; Ord. No. 3918, §§ 4—6, 12-6-2021; Ord. No. 3975, § 3, 8-21-2023; Ord. No. 4000, § 3, 12-4-2023)

A.

General. Accessory uses and structures shall be consistent with all standards in the district for the principal use, except as expressly set forth below.

1.

Accessory uses and structures shall be accessory and clearly incidental and subordinate to a permitted principal uses. An accessory use or structure in a residential district shall occupy no more than 30 percent of the gross floor area of the principal use or structure. An accessory use or structure shall only be allowed when a principal use exists.

2.

Accessory uses and structures shall be located on the same lot as the permitted use or structure.

3.

Accessory uses and structures shall not involve operations or structures not in keeping with the character of the primary use or principal structure served.

4.

Accessory uses and structures shall not be of a nature likely to attract visitors in larger numbers than would normally be expected, where applicable.

5.

Accessory uses and structures shall contribute to the comfort, convenience or necessity of occupants of the primary use served.

6.

Tractor trailers are prohibited as storage buildings or structures except as permitted on an active construction site.

7.

The setbacks for accessory structures, excluding detached garages, shall be the same as those required for buildings in the district in which they are located. In no instance shall accessory buildings or structures be located within the front setback area of the principal building or front half of the lot. In no instance may an accessory structure setback be reduced to less than five feet.

8.

Accessory structures less than 200 square feet in residential districts, may have a five foot side (interior) and rear yard setback. In no instance shall an accessory use be permitted within an easement or within a waterfront setback.

B.

Garage apartments and non-commercial guesthouses. Garage apartments are only permitted in the Dean Park Historic District (see section 98.4.6, Nonconforming uses of structures and premises). Non-commercial guesthouses as defined in chapter 142 are regulated in accordance with section 118.3.11.

C.

Home business. The following criteria shall be employed to determine a valid home business and all the conditions must be complied with as set forth below:

1.

All home businesses operated in or from a residence shall comply with federal, state and county rules and regulations, city license regulations and other applicable ordinances of the city.

2.

One other person, other than the license holder or members of the immediate family residing in the residence, may be employed for a salary, commission or upon any other remunerative basis.

3.

No condition shall be permitted which tends to cause or increase the fire hazard to the residence, such as storage of paints or other flammable materials in excess of normal family use.

4.

No storage of materials, business equipment, trailers or supplies shall be allowed outside the residential structure, nor shall any indoor display of materials, business equipment or supplies be visible from the outside of the residence; and no home business shall occupy more than 15 percent of the living area of the structure.

5.

Home businesses shall not generate pedestrian or vehicular traffic beyond that which is reasonable to the use of the property for residential purposes.

6.

The appearance of the structure or premises shall in no way be altered for the conduct of home businesses, nor shall the conduct be such that the structure may be recognized as serving a nonresidential use either by color, materials, construction, lighting or hours of operation. One minimum size sign only, as required by state or federal regulations, may be permitted to be mounted on the structure.

7.

Home businesses shall not be construed to include barbershops, beauty shops, tearooms, restaurants, dress shops, commercial kennels, dance studios, repair shops, carpet cleaning services or any other similar uses.

D.

Domestic television and radio mast-type antennas, and satellite earth station (dish) antennas.

1.

The specifications as provided below shall apply to radio and television receiving equipment for domestic installations, provided that the provisions shall not apply to amateur radio stations operating under a license issued by the Federal Communications Commission, and equipment and antennas used for coupling carrier-current power line conductors.

2.

Any mast-type antenna exceeding 30 feet of extended height shall require a permit. No permit is required for antennas 30 feet or less in height, but all antennas and antenna type structures shall meet the following requirements:

a.

The complete installation shall be in accordance with the latest edition of the National Electrical Code and Florida Building Code.

b.

In all residential districts, no mast shall be placed within the front yard (setback) of any building. Masts shall be located to the side or rear of the building.

3.

All dish antenna installations over two feet in diameter shall require a permit and shall meet the following criteria:

a.

Within all districts, except residential:

1)

All dishes shall conform to setbacks required in the district in which such dishes are located.

2)

No dish antenna shall be installed within the front yard setback in the CG District.

3)

No dish shall be installed where it would interfere with visibility at driveways, roads or intersections as required in chapter 134.

4)

Any dish over 13 feet in diameter shall have detailed installation plans, sealed by an architect or engineer registered in the state, and only a general contractor licensed in the city shall erect such antenna.

b.

Within residential districts:

1)

No dish antenna shall be installed on the street side of any lot. Dish antennas shall be adequately screened from view by either a vegetative hedge, shrubbery or fencing to prohibit their visibility from any street.

2)

All dishes shall conform to setbacks required in the district in which such dishes are located.

3)

No dish antenna exceeding 13 feet in diameter shall be allowed in residential districts.

c.

In general:

1)

Dish antennas that are roof mounted shall be mounted so that they will not be visible from the street and shall be certified by a state registered architect or engineer as to wind and roof load.

2)

Advertising or identification on the dish shall be limited to the manufacturer's nameplate, not to exceed six square inches in area.

E.

Boats and other waterborne vessels.

1.

This section shall apply to all waters within and adjacent to the city.

2.

Boats and other waterborne vessels may be docked at an owner's residence in a residential neighborhood, but may not be docked for living or sleeping purposes. Such boats or other waterborne vessels, except for sailing vessels, shall have a working source of power sufficient to control the vessel in the event of adverse weather conditions.

3.

Any boat or waterborne vessel docked for habitation or sleeping purposes shall only be docked at a public or licensed private marina and shall be equipped with sanitary facilities approved by the United States Coast Guard.

F.

Docks.

1.

Applicability. All docks which are proposed to be constructed, added to, repaired, or structurally altered shall be regulated by the provisions contained below, as well as all other applicable provisions of the Land Development Code.

2.

Permit required. Any dock proposed to be constructed, added to, repaired or structurally altered shall first obtain a permit from the appropriate state and federal agencies, if necessary, as well as a permit from the city in accordance with applicable regulations, and written consent of the bottom owner.

3.

Residential dock construction guidelines. The following guidelines shall govern the construction of residential docks:

a.

No structure or part of the structure shall exceed a height of three feet above the top of the seawall.

b.

Where no seawall exists, the height shall be measured from an elevation that is the average of the tops of the closest seawalls on either side of the property. Boat davits will be allowed if not over eight feet in height, no more than ten inches in the widest cross section dimension, not above a height of 48 inches above the top of the seawall, and are located in the center one-third of the property's river frontage.

c.

Roof covers will be allowed on docks, wharfs or piers in residential districts if all sides are open, except for support columns and if the dock is located in the center one-third of the property's river frontage.

d.

No residential docking facility shall exceed a distance of 200 feet from the shoreline. Any dock facility beyond said distance shall require a conditional use.

e.

No more than one dock shall be permitted per parcel.

(Ord. No. 3422, § 4, 1-14-2008; Ord. No. 3473, § 8, 6-16-2008; Ord. No. 3563, § 3, 8-16-2010; Ord. No. 3841(Exh. A), § 1, 10-1-2018; Ord. No. 3883, § 1(Exh. A), 1-6-2020; Ord. No. 3918, § 7, 12-6-2021)

A.

Applicability. Certain uses and structures are temporary or mobile in character. They vary in type and degree, as well as length of time involved. Such uses and structures may have little impact on surrounding and nearby properties or they may present questions involving potential incompatibility of the temporary use or structure with existing uses. Unless otherwise specified elsewhere in this Land Development Code, the following regulations shall govern temporary uses and structures

B.

Permit required. No temporary or mobile use or structure shall be established or maintained unless a permit for the compliance of such use with the provisions of this Land Development Code shall have first been issued in accordance with the provisions set forth below.

C.

Fee required. Any person or entity requesting to conduct temporary use on private land shall complete a temporary use application and pay applicable fees. Private events held by a resident of a single-family residence on property with a RS-District are exempt from these provisions, including use of tents.

D.

General requirements.

1.

All temporary or mobile uses shall meet the appropriate requirements of the building code, electrical code, fire (life safety) code and plumbing code.

2.

All temporary or mobile uses are prohibited unless applications for all required permits have been submitted and fees paid five business days in advance of the first day of the event, and the permit is issued in compliance with all code requirements. Applications for carnivals must be applied for and fees paid at least 30 days in advance of the first day of the event.

3.

A copy of the completed application shall be provided to the city councilperson representing the ward where the event is to be held.

4.

The community development director and police chief shall review and grant approval of temporary or mobile use application.

5.

Exceptions to the advanced five-day or 30-day requirement due to unforeseen time constraints may be granted by the community development director with concurrence of the police chief and shall be subject to double fees.

6.

Governmental entities are exempt from the requirements of this section.

7.

Temporary or mobile uses are allowed in specified districts, provided required parking for the primary use is not blocked off for such activities and written, notarized consent from the property owner is provided to the city.

8.

Approval of a temporary or mobile use may be withheld by the city due to an apparent or past record of adverse impacts to the surrounding neighborhood. An appeal of the decision by the city is to the board of adjustments and subject to the provisions of section 98.3.7.

9.

Temporary events are temporary in nature and valid for only the dates as specified on the permit.

10.

Mobile uses are designed to be transportable such as a cart or a vehicle.

E.

Permitted temporary uses or events. The following temporary uses or events are allowed in the frequency and in accordance with the requirements stated below.

1.

Special events. The term "special events" shall mean an event held on public land or held in or at a public facility or a combination of both public land and public facility. Any person or entity requesting to conduct a special event on public land, not totally within a facility, shall follow provisions in the city's special events handbook. Special events totally contained within a public facility are exempt from the city's special events handbook and are subject to the facilities event fee structure.

2.

Fundraising, entertainment events. Events such as fundraising, entertainment, carnivals, arts and crafts festivals, fireworks, Christmas tree or pumpkin sales are allowed at a specific location for 90 days per calendar year in the CG, CI, IL, IH, district, urban core, urban center, and urban general districts. This does not include businesses selling goods customarily sold at a business location. Such activities may be permitted in other districts than those listed above for a period not to exceed 60 days per calendar year and shall be limited in hours of operation to 8:00 a.m. to 10:00 p.m. All carnivals must have written approval of the councilmember in whose ward the event is to be located and must obtain a temporary occupational license.

3.

Off-site sales. Outdoor sales of goods by a business at a place other than the normal place of business, which owns or operates an ongoing licensed business with a fixed facility in the county may be permitted on property within the CG, CI, IL, and IH districts for a period of time not to exceed 30 days per calendar year.

4.

On-site sales. Outdoor sales of goods by licensed businesses at their permanent location are permitted for a period of three days with a minimum of 30 days between sales.

a.

Food vending carts or trucks in conjunction with a permitted temporary use or event. Food vending carts or trucks approved by the county health department and the fire marshal may be permitted in conjunction with a permitted temporary use and must obtain a temporary occupational license.

F.

Permitted temporary or mobile facilities. The following temporary or mobile facilities may be permitted in accordance with the following criteria.

1.

Food vending carts and trucks not used in conjunction with a permitted temporary use or event. All food vending carts or trucks must be approved by the county health department. Approval by the county health department must be submitted to the director, as well as compliance with the following conditions, prior to issuance of an business tax receipt:

a.

Applicability. Food vending carts or trucks are permitted in the CG, CI, IL, and IH districts.

b.

Notarized letter. The applicant shall provide a notarized letter from the property owner giving permission for the use of the property.

c.

Code compliance.

1)

All food vending carts, trucks, vans and trailers shall be built in compliance with all applicable codes and shall be located in an area which does not detract in any way from visibility at intersections, block or cause blockage of any driveway, fire lane or fire hydrant, or cause any parking problem affiliated with any usage or patronage of the food vending cart, truck, van or trailer.

2)

The fire marshal shall inspect a temporary food vending cart, truck, van or trailer prior to issuance of the business tax receipt. The temporary food vending cart, truck, van or trailer shall be maintained in working order and shall not create an adverse view or vista.

d.

Site plan required.

1)

A site plan shall be submitted showing the layout of the area, including the location of food vending carts, trucks, vans, trailers, parking spaces, aisle ways for pedestrians and any seating area. All carts, trucks, vans or trailers shall be located on an approved surface. The dimensions for setbacks shall be determined by the Community Development Director depending on the site where the vending cart, van or trailer is to be located.

2)

All temporary food vending carts, trucks, vans or trailers shall be located in areas which do not detract in any way from visibility at intersections, block or cause obstruction to any driveway, fire lane, or fire hydrant, or cause any parking problem affiliated with any usage or patronage of the food vending cart.

e.

General requirements.

1)

Support equipment and accessories, excluding tables and chairs, shall not extend more than ten feet from the perimeter of the food vending cart, truck, van, or trailer, in any direction.

2)

No temporary food vending cart, truck, van or trailer shall be placed within public rights-of-way.

3)

Food vending carts, trucks, vans or trailers are temporary in nature, vesting no permanent rights, and the license to operate may be revoked for any reason by the community development director upon 30 days notice or without notice if the cart poses a health safety or welfare violation. The license may be revoked for a violation of any provision of this section or other applicable regulations.

4)

Responsibility for sanitary facilities for employees' rests with the business tax receipt holder.

f.

Movement of facility. If a food vending cart, truck, van or trailer is moved from either its designated place of business or its designated place of storage, the operator must notify the fire marshal in writing. In addition, a satisfactory inspection is required for the new location, including payment of any required fees for an inspection at the newly designated place of business and for an inspection at the newly designated place of storage.

g.

Transfer of permit. Permits will be issued for individual carts, trucks, vans or trailers at specified locations and will be nontransferable. Change in ownership of a cart, truck, van or trailer, or location shall require the owner to apply for a new permit. Permits and licenses are issued to individual temporary food vending carts, vans or trailers for specific locations and are not transferable.

h.

Number. There shall be no more than one temporary food vending cart, truck, van or trailer located within 300 feet of another temporary food vending cart, van or trailer. No individual temporary food vending cart, truck, van or trailer shall exceed 400 square feet in size.

i.

Signage. Advertising signs may be permitted upon the temporary food vending cart, truck, van or trailer and not on the sidewalk or street area.

j.

Alcohol. No alcoholic beverages are to be sold or consumed from temporary food vending carts, trucks, vans or trailers.

2.

All other vending carts. All other vending carts, vans, trucks, trailers, wagons and the like, used for, but not limited to, the sale of flowers, souvenirs or paintings, and which are not part of a permitted special event or temporary outdoor activity are prohibited, except if granted by the city council.

3.

On-site temporary signage. On-site temporary signage, including use of banners, shall be allowed for the duration of the temporary use and shall not require a permit. The location of the signage shall comply with the requirements set forth in subsection 126-91(c) and shall not create a nuisance or hazard to public safety.

4.

Trailers, semi-trailers, boat trailers, and RVs. It shall be unlawful to use any trailer, semi- trailer, boat trailer or recreational vehicle (RV) for the purpose of an office or business headquarters, or for the conduct of any business activity in the city, except as specified below.

a.

A temporary permit may be issued by the community development director for a period not to exceed six months or upon approval of the city council for periods exceeding six months to permit a trailer, or mobile office unit to be used to allow business continuation during a major renovation program of an existing building or when a building loss is caused by fire or an act of nature, provided that the unit meets all necessary state and City Code pertaining to tie-downs, electrical and plumbing. All temporary permits issued will be valid from the date of the renovation permit issuance until seven calendar days after issuance of the certificate of occupancy or any termination date set by the director or city council.

b.

A trailer, semi-trailer or container may be used for loading or unloading purposes for a period not to exceed two days in a residential district or seven calendar days in any other non-industrial district. A trailer, semi-trailer or container may be parked or placed in an industrial district for loading, unloading and storage purposes.

c.

In CG, CI, IL, and IH districts the following shall apply:

1)

A fully enclosed trailer, semi-trailer or cargo container approved by the director may be used for storage purposes for a period of time not to exceed 120 days in any 12-month period. A permit shall be obtained from the community development department in order to utilize the trailers or containers. Along with the building permit, the applicant shall also provide five copies of a site plan showing the proposed location and size of the trailers and containers. A representative from the community development, planning and public works departments shall review and approve the plan before a permit is issued.

2)

If the plan is approved, there will be a $500.00 fee charged each month per trailer or container for up to four months.

3)

After the first 12-month period, an applicant may reapply for a permit for another four months maximum. There is a maximum two-year period established for the temporary use of trailers and containers. No more permits will be issued after that date.

d.

A boat trailer or recreational vehicle may be parked or stored in the side or rear yard of the owner's residence or place of business, provided that it shall not be used for sleeping purposes or any purpose which violates the provisions of this section or any other applicable provision of the City Code.

e.

In the IL or IH district a mobile home may be used for the purpose of an office or business headquarters except when the property is adjacent to a collector or arterial roadway.

5.

On-site temporary buildings or structures, and mobile offices.

a.

Temporary buildings or structures, or mobile offices required for a construction project of any kind shall be permitted in every district on the same site where the new project is located, provided that such buildings or structures shall be removed from the site immediately upon completion of the project. Mobile offices required for a construction project may be permitted off-site where it can be demonstrated there is no room at the site of the construction. Off-site mobile offices shall be screened from adjacent properties in accordance with section 118.3.6.

b.

Accessory structures such as mobile homes or offices shall be permitted in conjunction with a temporary use the duration of the temporary use for office purposes. Use of accessory structures for living purposes is prohibited. Any such office use shall require toilet facilities, with a signed maintenance contract.

c.

Temporary storage containers, not to exceed 200 square feet, may be located on an improved single-family or duplex property for a maximum of 30 days, or for the duration of an applicable building permit. In no instance shall a temporary storage container be on a single-family or duplex property for more than six months unless approved by the community development director or their designee.

6.

Model homes. Model homes may be permitted in any district and are subject to the following requirements.

a.

One sign per model home. The sign shall not exceed 12 square feet, and shall be used for temporary identification/sales purposes.

b.

Time limit on approval shall be five years maximum or the completion of lot sales in the subdivision, whichever comes first. A one-time extension of approval (up to three additional years) may be granted by the board of adjustments.

c.

Parking areas must be able to accommodate four cars. Parking areas may be provided at a central sales facility parking lot, or in driveways. Parking may be reduced to two spaces per model when there is more than one model, models are centrally located, and sidewalks connect the models. The reduction to two spaces must be reviewed and approved through the administrative review process.

d.

Security bond required shall be $3,500.00.

e.

Limited hours of operation shall be from 8:00 a.m. to 6:00 p.m., seven days a week.

f.

Outside lighting is prohibited between the hours of 10:00 p.m. and 7:00 a.m.

g.

For security lighting, two lights shall be permitted, one in the front and one in the rear of the building.

h.

Model homes shall be used exclusively for display purposes and lot sales within the subdivision only. No construction offices or other business offices are permitted.

7.

Food truck parks.

A.

Applicability. This section applies to any location that intends to provide permanent locations for food trucks. A food truck park is distinguished from temporary food truck locations by the permanence of the location, and the accommodation of multiple food trucks on a single site.

1.

Food truck parks, as defined in chapter 142, are allowed in all zoning districts except RS, RM and MDP. Food truck parks shall require conditional use approval.

2.

This section shall not apply to temporary or mobile structures as outlined in Section 118.3.5.E.5. and 118.3.5.F(1—6) of this Code, or to mobile food stands, roadside vending markets, or vending on city park property which is subject to other regulations or special events.

3.

This section excludes contractual or other private arrangements between a food truck and an individual or group that wishes to have food catered to a specific location and which is not open to the public.

B.

General requirements. This section shall apply to food truck parks, which shall be permitted in accordance with the following regulations:

1.

Located on a stabilized surface approved by the city engineer.

2.

A minimum five feet of clearance between each food truck.

3.

Provide adequate access and area for effective delivery of emergency services.

4.

Food truck parks are limited to one project identification signage as permitted by Section 126-14 of this Code. One sandwich board sign is permitted for each food truck.

5.

Landscaping and buffering must be provided in accordance with Chapter 138 of this code. Food truck parks will be considered "commercial/institutional" for the purposes of applying the minimum buffer yard requirements.

6.

Refuse and solid waste disposal. A minimum of one trash receptacle per food truck must be provided. A dumpster pad and enclosure must be provided to support the food truck park and must be screened from views from streets, alleys, or adjacent properties.

7.

Restroom facilities shall be provided based on maximum occupancy of the total seating area provided on-site, in conformance with the requirements of the most recent edition of the Florida Building Code.

8.

A minimum of three parking spaces per food truck is required unless located in downtown or midtown where it can be demonstrated that enough public parking and on-street parking is available within a quarter mile walking distance to the food truck park. A shared parking agreement may also be entered with nearby uses subject to approval by the community development director. The director is authorized to approve an alternative number of parking spaces based upon a parking demand study submitted by the applicant.

9.

Alcohol may be sold only from a permanent building(s) in accordance with state alcohol permits and distance requirements from churches and schools and other restrictions as outlined in Administrative Code Chapter 6—Alcoholic Beverages, and subject to the applicable zoning district regulations of the subject property.

(Ord. No. 3422, § 6, 1-14-2008; Ord. No. 3841(Exh. A), § 1, 10-1-2018; Ord. No. 3929, § 1, 5-16-2022; Ord. No. 3975, § 4, 8-21-2023; Ord. No. 4000, § 4, 12-4-2023)

A.

All construction sites and/or staging areas shall be screened along all yards with a six-foot high chain link fence with green, black or brown mesh screening. The mesh screening may consist of artistic panels that do not contain any type of advertising or verbiage except for the project identification sign as provided in chapter 126. This requirement may be waived by the community development director if it can be demonstrated that the construction activity will not exceed a duration of 30 days.

B.

Notwithstanding section 126-10, prohibited signs, project identification signage may be allowed on the temporary fencing and screening of the construction site.

(Ord. No. 4000, § 5, 12-4-2023)

A.

Purpose. The purpose of this section is to provide reasonable limits on the outside storage and display of merchandise in conjunction with a permitted principal use in a base district. These standards ensure that such display and storage contribute to the normal activities of a use while not creating a public health or safety hazard or a nuisance.

B.

Applicability.

1.

Any merchandise, material or equipment situated outdoors in a commercial or industrial district shall be subject to the requirements as set forth below. Outside storage and display shall not be permitted in a residential or open space district.

2.

The outdoor sale, lease or rent of motor vehicles as part of a properly permitted use shall not be considered "merchandise, material or equipment" and is not regulated by this section and shall be subject to subsection 118.3.3.C.10, Vehicle sales, lease, or rental.

C.

Allowed outside storage and display. Outdoor storage and display is allowed by district as designated below. Outside storage and display may be allowed in a district not specifically designated in accordance with the conditional use process (see section 98.3.8).

D.

Categories of outside storage and display. Outside storage and display is classified as follows.

1.

Outdoor display.

a.

Outdoor display is the outdoor display of products actively available for sale. The outdoor location of soft drink or similar vending machines shall be considered outdoor display. Outdoor display shall not include granite, merchandise or material in boxes, in crates, on pallets or other kinds of shipping containers (such merchandise shall be considered limited outdoor storage).

b.

Outdoor display shall be permitted in association with any nonresidential use (in accordance with subsection C above) following review and approval of a site plan illustrating the extent of the permitted area for outdoor display provided it meets the standards below.

1)

Outdoor display shall be removed and placed inside a fully-enclosed building at the end of each business day.

2)

Outdoor display shall be permitted adjacent to the building facade and shall extend no more than eight feet from the facade.

3)

Outdoor display shall be located no closer than five feet from any public entrance.

4)

Outdoor display shall occupy no more than 30 percent of the horizontal length of the building facade.

5)

Outdoor display shall not impair the ability of pedestrians to use the sidewalk or parking areas.

c.

No outdoor storage or display is permitted within any required buffer area or foundation planting area.

2.

Outdoor storage. Outdoor storage is more intensive than outdoor display. Outdoor storage is not normally brought indoors overnight. Outdoor storage is broken in two categories as follows:

a.

Limited outdoor storage.

1)

Limited outdoor storage is the overnight outdoor storage of vehicles awaiting repair, RV and boat storage at a self-service storage facility, merchandise or material in boxes, in crates, on pallets or other kinds of shipping containers, shopping carts, garden supplies, building supplies, plants, fleet vehicles and other similar merchandise, material or equipment.

2)

Limited outdoor storage is permitted in association with any permitted nonresidential use (in accordance with subsection C above) following review and approval of a site plan illustrating the extent of the permitted area for limited outdoor storage provided it meets the standards below.

a)

Limited outdoor storage shall not be more than eight feet in height and 30 percent of the site area and shall be fully screened from public view by a 100 percent opaque, maximum eight-foot high solid fence or wall. Where located abutting or across the street from a residential district, such fence or wall shall be high enough to completely conceal all outdoor storage from view and the appropriate vegetative buffer, as determined in section 138-4, shall be provided on the exterior of the fence or wall.

b)

All limited outdoor storage shall be located at least 15 feet from the public right-of-way and any abutting residential district. All outdoor storage areas shall be on a paved surface, unless approved by the public works director.

c)

Limited outdoor storage shall be located in the rear yard.

d)

and may be located to the side of a building, provided it is not located within the required side yard or buffer.

e)

Vehicles awaiting repair may be stored up to 14 days within the required screened storage area, provided that no more than two such vehicles shall be stored overnight at any one time.

3)

No outdoor storage or display is permitted within any required buffer area or foundation planting area.

b.

General outdoor storage.

1)

General outdoor storage shall be defined as vehicle storage yards, overnight outdoor storage of shipping containers, lumber, pipe, steel, junk and other similar merchandise, material or equipment. Special requirements have been established for junkyards and recycling business operations (see subsection 118.3.3.D.1).

2)

General outdoor storage shall be permitted in association with any permitted nonresidential use (in accordance with subsection C above) following review and approval of a site plan illustrating the extent of the permitted area for general outdoor storage provided it meets the standards below.

3)

General outdoor storage shall be screened by a 100-percent opaque, maximum ten-foot high solid fence or wall and the appropriate vegetative buffer, as determined in section 138-4, shall be provided on the exterior of the fence or wall.

4)

All general outdoor storage shall be located at least 15 feet from the public right-of-way and any abutting residential use or residential district.

5)

General outdoor storage may be located in the side or rear yard.

6)

No outdoor storage or display is permitted within any required buffer area or foundation planting area.

(Ord. No. 3422, § 4, 1-14-2008; Ord. No. 3473, § 11, 6-16-2008; Ord. No. 3835, § 3, 5-7-2018; Ord. No. 3841(Exh. A), § 1, 10-1-2018; Ord. No. 3890, § 1(Exh. A), 1-21-2020)

An application for a fence permit shall be submitted to the city. Fences and fence walls may be permitted under the following regulations:

A.

The use of barbed or electric wire is prohibited in all districts except industrial districts and below a height of six feet. Razor wire is expressly prohibited in all districts, with the exception of correctional facilities.

B.

All fences, walls, and hedges shall comply with section 134.2.21. Site Distance/Visibility at Intersections. Permitted fences within the defined area for visibility at intersections must be 70 percent open between a height of two feet and nine feet above the centerline grades of intersecting streets.

C.

The use of slats or fabric on chain link fencing is not permitted, with the exception of dumpster enclosure gates.

D.

Fencing type utilized for the front yard shall be one uniform type of material, style and color. In the case of a corner lot, both street frontages shall be considered the front yard and subject to this requirement. The variety of fencing types in all districts is limited to three different types per parcel.

E.

Picket fences may be as tall as 42 inches maximum height above average ground level, provided they have a uniform void or open area of 50 percent when viewed perpendicular to the fence.

F.

Chainlink and wire fencing: All of the following regulations apply to chainlink fencing.

1.

Chainlink and wire fencing is prohibited in the front yard and on corner lots where the side is adjacent to a street in any residential zoning district.

2.

Fencing around sports courts (i.e., tennis courts, basketball courts, baseball courts, volleyball courts, etc.) shall be exempt from the height limitations of this section.

3.

All chainlink fences (including all poles, rails, gates, supports and the like), except those used by single-family dwellings and industrial uses, shall be green, brown or black plastic or vinyl-coated material only.

4.

On waterfront property, chainlink fences may extend to the seawall and project up to three feet beyond.

G.

Opaque fences or walls shall comply with the front yard and/or side (street) yard for the district in which they are located; excluding industrial districts which may have a 20-foot setback.

H.

The maximum fence height is six (6) feet in residential districts and ten (10) feet in commercial and industrial districts.

(Ord. No. 3422, § 4, 1-14-2008; Ord. No. 3841(Exh. A), § 1, 10-1-2018; Ord. No. 3890, § 1(Exh. A), 1-21-2020; Ord. No. 3918, § 8, 12-6-2021; Ord. No. 4000, § 6, 12-4-2023)

A.

Applicability. Prior to the issuance of building permit by the city for the construction, renovation or modification of any development, other than a single-family or duplex development, provisions shall be made for a permanent location for the storage and handling of refuse, as well as a separate container for recyclable material. Such arrangement shall provide free access to containers by mechanized equipment at all times. Acting jointly, the public works department, the community development department and builder-owner-occupant, as applicable, shall mutually arrive at a satisfactory arrangement to meet these requirements.

B.

Containerized refuse service.

1.

Containerized refuse service shall be inaugurated by the city at any commercial establishment where practical or in the promotion of improving sanitary conditions or elimination of health hazards. Containers are and shall remain the property of the city.

2.

The user is responsible for the protection of containers placed on or adjacent to his premises.

3.

The user shall be held liable to the extent of the cost of repairs or replacement of containers when damaged by fire, negligence, vandalism or other forms of abuse.

4.

It shall be a violation to place used motor oil, liquid cooking oil, grease, chemicals, putrescible liquids or explosives in any container.

5.

Free access to containers at all times shall be provided by the user.

6.

The size or number of containers shall be determined by the volume of refuse.

7.

Outdoor trash and recycling container areas shall be screened from view from streets, alleys or adjacent properties using one of the following screening methods:

a.

Masonry wall with stucco finish;

b.

Stucco wall with landscaping;

c.

Dense vegetative hedge; or

d.

HVAC equipment located on flat roofs shall be enclosed by parapets a minimum of 42 inches high or as required to conceal the equipment to the satisfaction of the director.

8.

Vinyl coated chain link fencing cannot be used to meet the screening of dumpsters, except when the dense vegetative hedge option is selected. Vinyl coated chain link fencing in that instance can be used inside the hedge around the dumpster for security purposes. The screening shall completely conceal the HVAC, mechanical equipment and outdoor trash and recycling container.

9.

Dumpster enclosures must have a minimum five-foot setback from side or rear property lines and cannot be located within a required landscape buffer yard. Enclosures must conform to district setback requirements if along a collector or arterial road. Dumpster enclosures cannot be located within the required front yard setback.

C.

Mechanical Equipment. Prior to the issuance of building permit by the city for the construction, renovation or modification of any development, other than a single-family or duplex development, provisions shall be made for the location of any new mechanical equipment.

1.

HVAC and mechanical equipment shall be screened from view from streets, alleys or adjacent properties using one of the following screening methods:

a.

Masonry wall with stucco finish;

b.

Stucco wall with landscaping;

c.

Dense vegetative hedge; or

d.

HVAC equipment located on flat roofs shall be enclosed by parapets a minimum of 42 inches high or as required to conceal the equipment to the satisfaction of the director.

2.

Vinyl coated chain link fencing cannot be used to meet the screening requirements except when the dense vegetative hedge option is selected. Vinyl coated chain link fencing in that instance can be used inside the hedge around the equipment for security purposes. The screening shall completely conceal the HVAC and mechanical equipment.

D.

Administrative deviations. A deviation from these requirements may be considered where physical constraints or environmental concerns make compliance impossible. The deviation shall be clearly identified on the site plan, as well as accompanied by any explanation of the benefits to be obtained from such deviations. The planning manager may approve the deviations, with the consent of the public works director in accordance with section 98.3.3. Anyone aggrieved by the decision of the Community Development Director may appeal to the board of adjustments.

(Ord. No. 3422, § 4, 1-14-2008; Ord. No. 3473, § 12, 6-16-2008; Ord. No. 3695, § 2, 1-6-2014; Ord. No. 3841(Exh. A), § 1, 10-1-2018)

A.

Intent and purpose. The purpose and intent of this section is to accommodate the increasing communication needs of the community, while protecting the public health, safety and general welfare. These regulations are necessary in order to facilitate the provision of wireless telecommunication services to the residents and businesses of the city and minimize adverse impacts to wildlife, visual impacts and effects of towers through the utilization of careful design, landscaping, screening, innovative camouflaging techniques, and siting standards.

B.

Siting preferences.

1.

All new commercial wireless telecommunication facilities shall conform to, and be reviewed in connection with, the following city siting preferences (listed in descending order of preference). Applicants shall demonstrate to the satisfaction of the approving authority that these preferences have been evaluated in the following order of preference:

a.

Preference One. For antennas located on city owned buildings and structures, the applicant must demonstrate that there are no suitable city owned buildings or structures within a one-mile radius, as identified in subsection E.5.a.1).c) of this section, which would accommodate the facility without unreasonably compromising the facility's signal reception or transmitting capability, or unreasonably compromising the communication provider system's capability, as provided in subsection E.5 of this section.

b.

Preference Two. If a facility cannot be located on candidate sites within site preference one above without unreasonably compromising the communication provider system's capability, the city will next consider sites for antennas located on non-city owned buildings and structures.

c.

Preference Three. If a facility cannot be located on candidate sites within site preference one or two above without unreasonably compromising the communication provider system's capability, the city will next consider sites for towers located on city owned property.

d.

Preference Four. If a facility cannot be located on candidate sites within site preference one, two or three above without unreasonably compromising the communication provider system's capability, the city will next consider sites for towers located on industrially designated property.

e.

Preference Five. If a facility cannot be located on candidate sites within site preference one, two, three or four above without unreasonably compromising the communication provider system's capability, the city will next consider sites for towers located on any eligible property.

2.

The approving authority of the city may require opinions from suitable engineers or other learned professionals or experts when evaluating siting preferences.

3.

Unless otherwise permitted by the board of adjustments, any required vegetation clearing for tower construction and subsequent land management activities shall be conducted outside of Florida's bird nesting season.

C.

Permitted and conditional uses.

1.

Commercial wireless telecommunication antennas mounted on existing towers, buildings and other structures are permitted uses in all zoning districts.

2.

Radio, telephone, and television transmission towers and facilities (commercial) are permitted uses in the light industrial (IL) and heavy industrial (IH) zoning districts.

3.

Commercial wireless telecommunication facilities are conditional uses in all residential zoning districts (RS- and RM-), and neighborhood commercial districts (NC).

4.

Radio, telephone, and television transmission towers and facilities are conditional uses in commercial districts CG and CI, and recreation district (REC).

D.

Additional placement restrictions. The only towers allowed in the residential zoning districts (RS- and RM-) are towers supporting commercial antennas and conforming to all applicable provisions of this section, and shall be allowed only in the following locations:

1.

City owned parcels;

2.

House of worship sites, when appropriately camouflaged to blend into the facility's character (e.g., steeples, bell towers, etc.);

3.

Cemeteries, when appropriately camouflaged to blend into the facility's character.

E.

Additional application submittal requirements. In addition to the information required elsewhere in this section, permit applications for towers shall include the following supplemental information:

1.

Report. A report from a qualified licensed professional engineer, which:

a.

Describes the tower height and design, including a cross section and elevation;

b.

Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas;

c.

Describes the tower's capacity, including the number and types of antennas that it can accommodate

d.

Documents what steps the applicant has taken, or will take, to avoid interference and obstruction with established or proposed public safety telecommunication facilities;

e.

Documents that the tower and/or antennas have been designed to withstand sustained wind speeds of 130 miles per hour, in accordance with the Florida Building Code, as locally amended, whichever is greater;

f.

Includes an analysis and/or other data and/or documentation that certifies that, in the event of a catastrophic failure, fall, or collapse of the tower, said tower would fall or collapse within the collapse zone of the proposed tower;

g.

Includes an engineer's signature, seal and registration number; and

h.

Includes other information necessary to evaluate the request.

2.

Letter of intent. For all commercial wireless telecommunication service towers, a letter of intent, committing the tower owner and his successors to allow the shared use of the tower if an additional user agrees, in writing, to meet reasonable terms and conditions for shared use.

3.

Balloon test.

a.

For a conditional use, the applicant shall submit documentation of having conducted a balloon test, together with a visual impact analysis of the test. The purpose of this test is to assist the approving authority in determining the aesthetic impact of a tower and its antennas.

b.

Such test shall consist of the flying of a balloon, which is the same color as the proposed tower and a minimum of four feet in diameter, anchored to the ground so the balloon flies at the same height and location as the proposed tower. The balloon shall be flown continuously each day between the hours of 8:00 a.m.—11:00 a.m. for three consecutive days. Such test shall comply with any and all Federal Aviation Administration (FAA) and emergency medical service helicopter service rules, regulations, and notifications.

c.

Such test shall be conducted prior to the required planning board public hearing. Notice of such test shall be sent to the surrounding property owners within 300 feet of the site, in accordance with the public notice requirements prescribed in the conditional use application. Said notice shall include a statement of what specific days and hours the balloon will be flown and alternative dates and hours in the event of inclement weather, as well as the planning board's public hearing date, time and location.

d.

The applicant shall provide documentation of the balloon test to the planning board and board of adjustments. The documentation shall include photographic and/or video evidence depicting the balloon and its relationship and proximity to the neighboring properties, buildings and uses. The photographs/video may be accompanied by a corresponding written visual impact analysis and any other bona fide documentation or evidence the applicant feels may assist the approving authority in determining visual impact.

4.

Aesthetic effects, devices and techniques. The purpose of this subsection is to assist the board of adjustments, as part of a conditional use request, in determining whether or not a proposed tower is camouflaged and/or concealed appropriately in a given area; therefore, the applicant shall submit the following documentation:

a.

A colorized pictorial representation, artist rendering, or similar representation, drawn to scale;

b.

Design specifications of the various proposed techniques (if drawings, plans and/or other graphic representations are included, they shall be drawn to scale); and

c.

A corresponding statement explaining what the nature and character of the area is within which the tower is proposed with respect to land use, surrounding environment, building heights and design, and how the proposed camouflaging and/or concealment agents will blend in and harmonize with the nature and character of the area.

5.

Collocation requirements. All commercial wireless telecommunication towers erected, constructed, or located within the city shall comply with the following requirements:

a.

New commercial telecommunication service towers.

1)

A proposed new commercial telecommunication service tower shall not be approved by the city unless the applicant demonstrates to the satisfaction of the board of adjustments, or the director for permitted structures, that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building, regardless of municipal boundaries and due to one or more of the following reasons:

a)

The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost.

b)

The planned equipment would cause interference or obstruction, materially impacting the usability of other existing or planned equipment at the tower or building, as documented by a qualified and licensed, if applicable, professional and the interference cannot be prevented at a reasonable cost.

c)

Existing or approved towers and buildings within a one-mile radius cannot accommodate the planned equipment at a height necessary to function reasonably, as documented by a qualified and licensed, if applicable, professional.

d)

Other reasons that make it unfeasible to locate the planned telecommunications equipment upon an existing or approved tower or building, as documented by a qualified and licensed, if applicable, professional.

2)

Verifiable evidence from the applicant of the lack of space on existing towers, buildings or other structures to locate the proposed antenna within the one-mile search radius, as identified in subsection E.5.a.1).a) of this section, or the siting preferences identified in subsection B of this section shall be supplied at the time of application for a new tower.

6.

Proposed commercial wireless telecommunication service towers.

a)

Any proposed commercial wireless telecommunication service tower shall be designed structurally, electrically, and in all other respects to accommodate antenna arrays as follows:

b)

Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

c)

All towers shall be self-supporting, such as with a lattice structure or monopole design.

d)

All towers shall be lit with white, flashing lights of the lowest possible intensity such that the lighting is effective.

e)

All towers shall employ an Aircraft Detection Lighting System as approved by the Federal Aviation Administration (FAA).

f)

Existing towers shall be updated to the standards set forth within subsections (6)(a)—(e) above at such time as any new lights or equipment are installed on the existing tower.

7.

Notice. In order to provide the maximum opportunity for other providers to collocate on a new tower, the applicant shall provide notice to all other potential wireless telecommunication users of the new tower, offering an opportunity for collocation. If another potential user requests collocation, the request shall be accommodated, unless it can be documented as outlined in subsection E.5.a.1).a). of this section that collocation is not possible.

8.

Map. In order to encourage collocation of facilities, the city shall maintain a map of all existing towers on which an antenna has been located. To prepare and maintain such a map, at the time of its first application after June 15, 1998, each applicant for a tower and/or antenna shall provide the city with an inventory of all the applicant's existing towers and antennas that are located in the city and within one mile outside the city limits. The inventory shall specify the location, type and design of each tower, the ability of the tower to accommodate additional antennas, and, where applicable, the height of the support structures on which the applicant's existing antennas are located. This information shall be available for public use in encouraging the collocation of antennas on existing tower facilities. By requiring and using this information, the city is in no way representing or approving such sites as available or suitable.

F.

Additional standards and criteria for review.

1.

The board of adjustments shall consider and weigh the aesthetic impact and compatibility issues with the public benefit derived from having efficient and reliable wireless telecommunications systems when determining whether or not to approve the application.

2.

In addition to general review criteria, in order to be approved, towers and antennas shall be designed, as determined by the board of adjustments, to blend into the surrounding environment through the use of color, texture, and/or camouflaging architectural treatment, or by reason of existing conditions, to minimize its visual intrusiveness and negative aesthetic impact. When considering approval of an application, the board of adjustments shall review such application with consideration of the following factors:

a.

Whether the tower will be readily visible and whether the proposed facility/tower will, as determined by the board of adjustments, unreasonably interfere with the view from any public park, historic building or district, or scenic river view;

b.

The type of the tower, the shape and width of the facility relative to its height, and the color, texture, and reflectivity of materials, with neutral colors and nonreflective materials being given preference, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration;

c.

The type of antennas proposed for the tower, with narrow profile antenna arrays being given preference, if feasible;

d.

The nature of uses on adjacent and nearby properties and the relationship of the proposed facility to the character and scale of surrounding structures and uses, with preference being given to sites adjacent to nonresidential uses;

e.

On-site and surrounding tree coverage and foliage;

f.

The effectiveness of the use of screening and concealment devices and techniques, including but not limited to the use of structural camouflaging, buffer walls, opaque fencing and landscaping.

G.

Tower design and construction requirements. New or replacement towers shall meet the following design and construction requirements:

1.

The base of the tower, anchors, and any accessory facility or building shall be substantially screened from view from public streets and adjoining and nearby protected residential properties with a combination of evergreen and deciduous trees and shrubs, with recognition of CPTED principles, except when the board of adjustments determines a design of nonvegetated screening better reflects and complements the architectural character of the surrounding neighborhood. The use of all types of barbed wire or razor wire is prohibited.

2.

All ground-mounted commercial wireless telecommunication service towers shall be of a monopole or camouflaged design unless it can be evidenced by the applicant and approved by the board of adjustments that an alternative design would better blend into the particular surrounding environment.

3.

With the exception of necessary electric and telephone service and connection lines approved by the city, no part of any tower, anchoring devices, or guys, equipment, or wires, or braces in connection with either, shall at any time project across or over any part of a public right-of-way, public street, highway, sidewalk, easement unless agreed to by the easement holder, or property line.

4.

Every tower affixed to the ground shall be designed to discourage climbing of the tower by unauthorized persons.

5.

All ground-mounted commercial wireless telecommunication towers shall be located to create a collapse zone equal to one-fourth of the tower's height. Such collapse zone shall be free of all buildings, except for those associated with the commercial wireless telecommunication facility and those located on the parcel on which the tower is proposed to be located.

H.

Tower setbacks. All towers shall conform with each of the following minimum setback requirements:

1.

Towers shall meet the setback requirements of the underlying land use district.

2.

New towers shall be set back from the public rights-of-way by a minimum distance equal to one-half of the height of the tower, including all antennas and attachments.

3.

New antennas may be located on existing towers, poles and other structures in all public rights-of-way and easements.

4.

Towers shall not be located between a principal structure and a public street, with the following exceptions:

a.

In industrial zoning districts, and

b.

On sites with public streets on all sides, where towers may be placed within a side yard that abuts a local street.

I.

Tower height. All proposed towers shall conform with each of the following maximum height requirements:

1.

The height of towers shall be determined by measuring the vertical distance from the tower's lowest point of contact with the ground to the highest point of the tower, including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure and tower must meet the height restrictions listed below.

2.

In all residential zoning districts, the maximum height of any tower, including all antennas and other attachments, shall be 35 feet. This height limitation shall not apply in the event the applicant utilizes camouflaging architectural treatments and techniques in constructing the facility on either city owned parcels or house of worship sites.

3.

In all nonresidential zoning districts, the maximum height of any tower not mounted on an existing building, including antennas and other attachments, shall not exceed one foot for each two feet the tower is set back from any residential land use district park, historic structure, or river. However, in no event shall any ground-mounted tower exceed the following heights:

4.

Towers mounted on existing buildings shall comply with the requirements of subsection O of this section.

J.

Tower lighting. Towers shall not be illuminated by artificial means, except for aviation caution lights shielded from sight from the ground, unless such lighting is specifically required by the Federal Aviation Administration, local emergency medical services or other federal or state authority for a specific tower. All height or greater must be artificially lighted and maintained pursuant to the technical requirements of the Federal Aviation Administration's current Advisory Circular 70/7460-1J, Obstruction Marking and Lighting, towers 150 feet above ground level in or other appropriate aviation authority and current edition of NFPA 70 National Electrical Code and the Florida Building Code, Pamphlet EIA/TIA 222-F, latest edition and in conformity with the requirements set forth otherwise herein. Forty-eight hours before commencing construction of a communication tower, and within 48 hours after the communication tower construction reaches its maximum height, the county mosquito control district must be notified. Notice must include the specific location of the tower. When incorporated into the approved design of the tower, and when in accordance with all other appropriate portions of this section, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

K.

Signs and advertising. The use of any portion of a tower for signs other than warning or emergency information signs is prohibited.

L.

Accessory utility buildings. All utility buildings and structures accessory to a tower and/or antenna shall be architecturally designed, as determined by the board of adjustments, to be compatible with, and blend into, the surrounding environment and shall meet the minimum building setback requirements of the underlying land use district.

M.

Bi-annual registration and certification.

1.

The owner of a tower shall bi-annually file with the director or his designee, a declaration as to the continuing operation (with active antennas) of every facility installed subject to these regulations. Said declaration shall include:

a.

A listing of all tower users' names and mailing addresses, and

b.

Any additional information deemed appropriate by the city.

2.

Every three years, or within 60 days following a catastrophic act of God or other emergency that affects the structural integrity of the tower, a certification of continued structural integrity (i.e., a statement that a thorough and complete inspection of the tower was conducted and the tower and ancillary facilities are and will continue to perform as originally designed), certified by a qualified and licensed professional engineer, shall also be filed with the director or his designee.

3.

The bi-annual declaration and certification, when required, shall be filed on or before October 1. Failure to timely file either the bi-annual declaration (registration) or the certification shall mean that the tower is deemed to be abandoned, unused, or unsafe, thus subject to the notice of code violations provisions set forth in sections 54-166 and 54-167.

N.

Abandoned, unused or unsafe towers. The intent and purpose of this subsection is to address the compelling public interest in ensuring that towers are promptly disassembled, dismantled, and removed once they are no longer used. The city council finds that there is substantial risk that towers may cease being used in large numbers if there is a concentration or consolidation of competitors within the industry or if even newer technologies arise, obviating the need for towers. In accordance with subsection M.2. of this section, towers that are abandoned or unused for a period of 12 months, or are unsafe, shall be removed as follows:

1.

The director may order that the commercial wireless telecommunication tower be demolished and removed, based upon determining that the tower is abandoned or unused for a period of 12 months or is unsafe in accordance with the provisions of the Standard Unsafe Building Abatement Code, 1985 edition, and the city local amendments thereto, as revised, relating to notice and hearing.

2.

In accordance with chapter 7, recovery of costs of repair or demolition as set forth in the Standard Unsafe Building Abatement Code, 1985 edition, and the city local amendments thereto, as revised, the city may recover its costs associated with the demolition and removal of any such tower.

O.

Antennas mounted on roofs, walls, and existing towers.

1.

The placement of commercial wireless telecommunication antennas on roofs, walls, existing towers, and other structures is encouraged. Such requests may be approved administratively by the director, provided the antenna meets the requirements of this Code, after submittal of:

a.

A site plan and building plan in accordance with this Code;

b.

A report, prepared by a qualified and licensed professional engineer, indicating the existing structure's or tower's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure; and

c.

A copy of an affidavit of lease stating the parties to the lease, the term of the lease and the consent of the owner of the existing structure or tower to the proposed placement.

2.

Such placements shall comply with the following requirements:

a.

No such commercial wireless telecommunication antenna shall be placed on any residential building of less than four stories;

b.

For facilities mounted on an existing building, the tower and antenna must be of a color that is identical to, or closely compatible with, the color of the building so as to make them as visually unobtrusive as reasonably possible. In addition, supporting electrical and mechanical equipment shall be screened from view or be camouflaged;

c.

No such commercial wireless telecommunication antenna shall exceed 25 feet in height from the top of the building, existing tower or other structure;

d.

For all commercial wireless telecommunication antennas mounted on an existing building, the maximum height of the antennas' support structure shall not exceed ten feet from the top of the building;

e.

The diameter of roof mounted dish antennas shall not exceed 6.5 meters (approximately 21 feet), provided that no such antenna shall be visible from front yard areas and the color, location and design shall blend into and not detract from the character and appearance of the building and surrounding properties;

f.

The diameter of a tower mounted dish antenna shall not exceed four and one-half feet.

P.

Interference or obstruction with public safety telecommunications. New telecommunications facilities shall not interfere with or obstruct existing or proposed public safety telecommunications facilities. All applications for new service shall be accompanied by a certification obtained by the applicant from the police chief, fire chief, county sheriff and county director of emergency management that the tower and ancillary facilities are not expected to interfere or obstruct existing or proposed public safety telecommunications facilities. The police chief, fire chief, county sheriff and county director of emergency management shall file any objections to the application for new telecommunication facilities within 30 working days from the date of their receipt for such a request for certification. The applicant shall provide the city with a copy of the request for certification, with an affidavit stating the date upon which such request was submitted to the respective agency. In the event interference or obstruction does occur with public safety telecommunication facilities, it shall be the responsibility of the owner of the commercial wireless telecommunication facility creating the interference or obstruction to make all necessary repairs and/or accommodations to alleviate the problem.

Q.

Issuance of building permit.

1.

Before the issuance of a building permit, the following supplemental information shall be submitted:

a.

A copy of the Federal Aviation Administration's response to the submitted notice of proposed construction or alteration, or its replacement, shall be submitted to the director;

b.

A report from a qualified and licensed professional engineer, which demonstrates the tower's compliance with the appropriate structural and electrical standards;

c.

A notice of compliance with section 34-1008, permit for tall structure, of the county land development code, from the county port authority.

2.

Prior to receiving a final inspection by the community development department, documented certification shall be submitted to the Federal Communication Commission, with a copy to the community development department, certifying that the telecommunication facility complies with all current applicable Federal Communications Commission regulations, or is exempt from the same, for non-ionizing electromagnetic radiation (NIER).

R.

Technical consultants and experts. The city shall have the right to retain independent technical consultants and experts that it deems necessary to properly evaluate applications for commercial wireless telecommunication facilities and to charge a reasonable cost under the city's billable fee system for such services to the applicant.

S.

Commercial wireless telecommunication towers and antennas approved prior to effective date. All commercial wireless telecommunication towers and antennas legally approved prior to July 20, 1998, shall be considered permitted nonconforming uses and structures. However, to encourage the use of existing facilities, such nonconforming status shall not prevent the placement, modification or relocation of any antenna on any such tower.

(Ord. No. 3422, § 4, 1-14-2008; Ord. No. 3841(Exh. A), § 1, 10-1-2018; Ord. No. 3890, § 1(Exh. A), 1-21-2020; Ord. No. 4053, § 2, 7-21-2025)

A.

Purpose. The purpose of these provisions is to provide homeowners with flexibility in establishing separate living quarters within or adjacent to their homes for the purpose of providing housing for their children, elderly parents, or other dependents; and to ensure accessory non-commercial guesthouses do not negatively impact public health, safety or welfare, particularly the stability and character of established single-family neighborhoods.

B.

Applicability. The following provisions are applicable to non-commercial guesthouses permitted in all single-family and multifamily residential zoning districts (RS-E, RS-5, RS-6, RS-7, RS-D, RM-12, RM-16) pursuant to the process and procedures set forth in chapter 98 of this Land Development Code. The standards for non-commercial guesthouses contained in this section supersede the standards in section 118.3.4 - Accessory Uses and Structures. All vested garage apartments shall meet the standards set forth in chapter 98, article IV, and are not subject to these provisions.

C.

Owner occupancy of property. Non-commercial guesthouses are only permitted where the property owner is a full-time resident of the subject property. Full time resident means living at the residence for at least nine months of the year and possessing a current Florida Homestead Exemption for that property from the Lee County Property Appraiser. The property owner may reside in either the non-commercial guesthouse or the principal dwelling unit.

D.

Leasing or renting of non-commercial guesthouses prohibited. No guesthouse, whether freestanding or structurally integrated with the principal dwelling unit, may be leased, rented or utilized for commercial purposes.

E.

Minimum standards. All non-commercial guesthouses are subject to compliance with the following minimum standards.

1.

A certificate of occupancy must be obtained from the City upon demonstration that the structure meets the minimum Florida Building Code and Florida Fire Prevention Code standards, and all other National Fire Protection Association (NFPA) requirements, as applicable.

2.

The minimum lot size for parcels containing a non-commercial guesthouse is 10,000 SF.

3.

No more than one non-commercial guesthouse shall be permitted in association with a single-family dwelling, regardless of lot size.

4.

The entrance to the non-commercial guesthouse shall not be visible from the primary street frontage or frontage of the dwelling containing the entrance to the principal dwelling, unless the dwelling unit contained additional entrances before the non-commercial guesthouse was proposed. An exception to this regulation is entrances that do not have access from the ground such as entrances from balconies or decks, or as otherwise determined by the community development director. Detached non-commercial guesthouses are exempt from this standard.

5.

In no case shall a non-commercial guesthouse be more than 40 percent of the living area of the principal dwelling unit, or more than 1,200 square feet, whichever is lesser. The non-commercial guesthouse shall contain no more than one bedroom. The non-commercial guesthouse shall be a minimum of 400 square feet.

6.

The property must maintain compliance with all dimensional requirements for the underlying zoning district for both principal and accessory structures, including maximum building coverage. Attached non-commercial guesthouses, or those non-commercial guesthouses located within the principal structure, shall meet or exceed the minimum setbacks for principal structures in the applicable zoning district. Detached non-commercial guesthouses shall meet or exceed the minimum setbacks for accessory structures set forth in this Code.

7.

The property must have a minimum of one dedicated on-site parking space for the non-commercial guesthouse, in addition to the minimum parking required for the principal single-family dwelling.

F.

Density calculations. Non-commercial guesthouses are not subject to density calculations in accordance with section 118.1.6.A.

(Ord. No. 3883, § 1(Exh. A), 1-6-2020)