The purpose of the conditional use process is to allow, when desirable, uses that would not be appropriate generally or without restriction throughout the particular zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would not adversely affect the public health, safety, comfort, good order, appearance, convenience and the general welfare.

(Code 1983, § 22-74; Ord. No. H-186, § 30-74, 6-15-1981)

Application for a conditional use shall be made by filing an application on a form prescribed by the city and by filing an application for site plan review in accordance with the requirements set forth in section 125-313. Conditional use applications where there is no new construction associated with the use or where such construction is limited to changes in the interior of an existing building shall be exempt from site plan review except that the procedures and standards of section 125-313 shall apply to the review and approval of the conditional use except as otherwise provided in section 125-237.

(Code 1983, § 22-75; Ord. No. H-186, § 30-75, 6-15-1981)

The application for conditional use with the application for site plan review, when not exempt in accordance with the requirements of section 125-236, shall be reviewed as a unit in accordance with the requirements of section 125-313 except that:

(1)

The city commission shall hold a public hearing in accordance with the provisions of section 125-37 prior to acting on the application for conditional use.

(2)

In permitting a conditional use or the modification of an existing conditional use, the city commission may impose, in addition to those standards and requirements expressly specified in this chapter, any condition which it finds to be necessary to protect the best interest of the surrounding property of the city.

(Code 1983, § 22-76; Ord. No. H-186, § 30-76, 6-15-1981; Ord. No. 20-006, § 2, 3-16-2020)

The city commission may require that the applicant for a conditional use furnish to the city a performance bond up to, and not to exceed, the value of the cost of the required improvements in order to ensure that the conditions imposed are completed in accordance with the plans and specifications as approved by the city commission and that the standards established in granting the conditional use are observed.

(Code 1983, § 22-77; Ord. No. H-186, § 30-77, 6-15-1981)

In the case of a use existing prior to its present classification by this chapter as a conditional use, any change in use or in lot area or any alteration of a structure will conform with the requirements dealing with conditional uses. A use which is permitted as a conditional use in a district under the terms of this chapter shall not be deemed a nonconforming use in this district, but shall without further action be considered a conforming use.

(Code 1983, § 22-78; Ord. No. H-186, § 30-78, 6-15-1981)

Compliance with conditions established for a conditional use and adherence to the submitted plans, as approved, is required. Any departure from these conditions of approval and approved plans constitutes a violation of this chapter. A change in tenancy, ownership or management of a conditional use shall not affect the status of a conditional use which remains otherwise unchanged nor be interpreted to permit a departure from the conditions of approval and the approved plans.

(Code 1983, § 22-79; Ord. No. H-186, § 30-79, 6-15-1981)

Authorization of a conditional use shall be void after one year or such time as the authorization may specify unless substantial construction has taken place. However, when required, the city commission may extend authorization for an additional period.

(Code 1983, § 22-80; Ord. No. H-186, § 30-80, 6-15-1981)

Applications for which a substantially similar application has been denied will be heard by the city planning board only after a period of six months has elapsed from the date of the earlier decision.

(Code 1983, § 22-81; Ord. No. H-186, § 30-81, 6-15-1981)

(a)

Purpose. Innovative community developments are primarily creative and imaginative housing, mixed-use and community-oriented development. Innovation is achieved by use of material, solar juxtaposition, clustering, positive environmental impacts, energy efficiency, economic sustainability and by employing methods to achieve distinctiveness and excellence in siting, design, pedestrian accessibility, and landscaping. Reductions in required on-site parking, adoption of reduced and zero setbacks, expedited planning review and reductions in various building siting requirements are used to encourage these developments.

(b)

General standards for approval. The city commission shall consider the approval of an innovative community development only if the commission determines that the development fulfills the purpose of this section and complies with applicable standards referred to in this section and section 125-236, additional zoning ordinance provisions not in conflict with the intent of this section and other city laws.

(c)

Potential uses. The following uses are allowed in an innovative community development if, through conditional use review process, the city commission considers them appropriate for the particular development being proposed:

(1)

Single-family dwellings and townhomes, with or without accessory dwelling units.

(2)

Duplexes, quadplexes, triplexes, and multifamily housing developments, when permitted in the zone.

(3)

Nonresidential uses permitted in the future land use when these uses will provide a suitable mixed-use living environment for residents of the innovative community development.

(4)

Meantime uses permitted in the future land use, including performances, art exhibitions, and hobbyist gatherings, as well as transient commercial opportunities such as markets or food sales that are held a single time or regularly.

(d)

Minimum lot size. Minimum lot size and lot area are determined by the maximum density authorized in the comprehensive plan.

(e)

Residential densities. Maximum densities will not exceed the density allocated within the city's comprehensive plan for the underlying future land use.

(f)

Development standards.

(1)

Area, width, depth, yard, and lot coverage requirements for lots in an innovative community development shall be determined by the city commission based on, but not limited to, the following considerations:

a.

Compatibility with the surrounding development.

b.

Constraints of existing physical features.

c.

Availability of utilities.

d.

Transportation capacity and linkages.

e.

Enhanced landscaping, streetscape, open spaces, and recreation areas.

f.

Creative site design, such as, but not limited to, visual focal points, variation in building setbacks and use of existing site features.

g.

Architectural styles, building materials and variation of building types.

h.

Character of the proposed development within the street scene.

i.

Economic resilience - Workforce, multi-generational, and affordable housing.

j.

Increased storm water percolation, use, cleaning, and/or sequestration.

k.

Energy sustainability and cost management.

l.

Passive heating and cooling techniques.

m.

Proximity to neighbors (light, ventilation, privacy).

n.

Building height shall not exceed those building heights of the applicable zoning district. The city commission may further limit heights.

(g)

Common open space. If buildings or structures are to be constructed in the common open space, the developer will provide a bond or other adequate assurances that the buildings and structures will be completed. The planning director shall release the bond or other assurances when the buildings and structures have been completed according to the development plan.

(h)

Compatibility with adjacent development. If topographical or other barriers near the of the innovative community development do not provide reasonable privacy for existing or potential uses adjacent to the development, the city commission shall require buildings in the innovative community development to be set back an adequate distance from the perimeter of the innovative community development or require an attractively designed and maintained buffer in the form of vegetation, fencing, walls and/or berms.

(i)

Unified control. All land intended to be included in the innovative community development shall be under the legal control of the applicant, whether that applicant be an individual, partnership or corporation or group of individuals, partnerships and/or corporations.

(j)

Maintenance of common areas. Common open space, streets and any area or facility designated by the city commission as a shared area will comply with the following provisions:

(1)

The property will be conveyed under one of the following options:

a.

To a public agency which agrees to maintain the property and buildings or structures placed on it; or

b.

To an association of owners and/or tenants, created as a nonprofit corporation under the laws of the state, which shall adopt and impose articles of incorporation and bylaws and adopt and impose a declaration of covenants and restrictions that are acceptable to the city commission as providing for the continuing care of the property.

(2)

The property may not be put to a use not specified in the development plans unless the development plans are first amended to permit the use. However, no change of use may be considered as a waiver of any of the covenants limiting the use of the property, and all rights to enforce these covenants against any use permitted are expressly reserved.

(3)

If the property is not conveyed to a public agency, the covenants and restrictions that govern the association of owners and/or tenants will at least include the following provisions:

a.

Membership must be mandatory for each home buyer or tenant and each successive buyer or tenant.

b.

The association must be responsible for liability insurance, local taxes and the maintenance of property.

c.

Owners and tenants must pay their pro rata share of the cost.

d.

The association must be able to adjust assessments to meet changing needs.

e.

The city must be authorized to enforce these and other provisions governing the use, improvement, and maintenance of the property.

(4)

If the property is not conveyed to a public agency, then, in addition to those requirements set forth hereinabove, there shall be delivered to the building official at or before the time the first building permit is obtained an instrument in recordable form containing:

a.

A legal description of the property upon which the dwelling units are to be constructed;

b.

A statement of the total area contained within such description;

c.

A statement of the number of existing or proposed units located on the subject property;

d.

A statement of the number of dwelling units for which the application is made;

e.

A restriction prohibiting any further development or construction beyond what is set forth in the instrument.

The building official shall thereafter issue permits in accordance with what is set forth in the aforesaid instrument provided all other requirements of this chapter are met and thereafter no further permits shall be issued for any additional units on the tract described. The instrument shall be recorded to place all persons on notice of its contents and limitations upon further building.

(k)

Utility easements. Easements necessary for the orderly extension and maintenance of public utilities may be required as a condition of approval.

(l)

Other standards. All innovative community developments will comply with regulations affecting signs referred to in section 125-310, and applicable portions of the city's regulations governing subdivisions. The city commission may also establish additional requirements which it considers necessary to ensure that an innovative community development conforms to the intent of this section.

(m)

Special application requirements. When an application is submitted for conditional use approval of an innovative community development, the following items will be submitted in addition to other information submitted in accordance with section 125-236, the city's subdivision regulations or other city laws:

(1)

Statements describing in detail the character and intended use of the development.

(2)

Material which presents firm evidence of unified control of the entire area within the proposed innovative community development, including a certificate of apparent ownership and encumbrance with the opinion of counsel representing the applicant establishing that the applicant has the unrestricted right to impose all of the covenants and conditions upon the land as are contemplated by the provisions of these regulations.

(3)

A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the innovative community development, such as land areas and dwelling units.

(4)

A statement indicating the justification for any desired density bonuses.

(5)

Agreements, provisions, and covenants which govern the use, maintenance, and continued protection of the innovative community development and any of its common open space or other shared areas. This material shall include material which binds successors in title to any commitments concerning completion of the project and its maintenance and operation.

(6)

Additional information needed to demonstrate compliance with the standards in this section and those referred to in section 125-242.

(Ord. No. 24-032, § 1, 9-3-2024)

Editor's note— Ord. No. 24-032, § 1, adopted Sept. 3, 2024, repealed the former § 125-243 and enacted a new § 125-243 as set out herein. The former § 125-243 pertained to innovative residential developments and derived from Code 1983, § 22-82; Ord. No. H-186, § 30-82, adopted June 15, 1981; and Ord. No. 21-008, § 3, adopted April 5, 2021.

Duplex subdivisions shall comply with the following provisions:

(1)

Each duplex subdivision will have a buffer area which separates individual lots and any other areas within the subdivision from property outside the subdivision, except at entrance and exit points or where the subdivision adjoins another duplex subdivision. These buffer areas shall be at least 15 feet deep.

(2)

Suitable sight-obscuring fences, walls, evergreen hedges and/or berms shall be located in all required buffer areas in order to visually separate the subdivision from adjoining property unless they are unnecessary because of topographical barriers.

(3)

Lot size, yard, lot coverage, building height and other requirements specified in the applicable zoning district shall apply to duplex subdivisions.

(4)

All duplex subdivisions shall comply with city subdivision regulation standards. The preliminary plat should be reviewed concurrently with the request for conditional use approval.

(Code 1983, § 22-83; Ord. No. H-186, § 30-83, 6-15-1981)

Mobile home subdivisions and conventional home/mobile home subdivisions will comply with the following provisions:

(1)

Each mobile home subdivision or conventional home/mobile home subdivision will have a buffer area which separates individual lots and any other areas within the subdivision from property outside the subdivision, except at entrance and exit points or where the subdivision adjoins a mobile home or conventional home/mobile home subdivision. These buffer areas shall be at least 15 feet deep.

(2)

Suitable sight-obscuring fences, walls, evergreen hedges and/or berms shall be located in all required buffer areas in order to visually separate the subdivision from adjoining property unless they are unnecessary because of topographical barriers.

(3)

Mobile homes placed in a mobile home subdivision or conventional home/mobile home subdivision shall conform to provisions in section 125-319.

(4)

Lot size, yard, lot coverage, building height and other requirements in this chapter that apply to subdivisions for only conventional single-family homes shall also apply to mobile home subdivisions and conventional home/mobile home subdivisions.

(5)

All mobile home subdivisions and conventional home/mobile home subdivisions shall comply with city subdivision regulation standards. The preliminary plat should be reviewed concurrently with the request for conditional use approval.

(Code 1983, § 22-84; Ord. No. H-186, § 30-84, 6-15-1981; Ord. No. I-28, § 16, 8-15-1983; Ord. No. I-208, § 5, 3-2-1987)

Mobile home parks shall be built to state standards in effect at the time of construction and comply with the following provisions:

(1)

Location, space and general layout standards.

a.

Mobile home parks shall be established on parcels of land which have an area of at least three acres.

b.

Each mobile home park shall be located on a well-drained site and shall be so located that its drainage will not endanger any water supply. Mobile home parks shall not incorporate within their boundaries marshes, swamps or other potential breeding places for insects or rodents.

c.

Each space for a mobile home shall contain a minimum of 4,000 square feet in an R-4 zone and 3,000 square feet in an R-5 zone. This space shall be clearly defined and exclusive of space provided for the common use of tenants, such as roadways, general use walkways, centralized storage areas and general use recreation areas.

d.

There shall be no more than one mobile home occupying each space.

e.

Mobile homes shall be located within their designated spaces in such a way that there shall be a minimum of 20 feet between mobile homes, or between any mobile home and any building other than an approved carport or storage building.

f.

Mobile homes shall be located at least 20 feet from all mobile home park property lines.

g.

No mobile home shall be located so that any part of such mobile home will obstruct any drive or walkway.

h.

No mobile home shall remain in a mobile home park unless it is anchored in an approved mobile home space or stored unoccupied within the centralized storage area.

i.

Each mobile home space shall be improved with one patio of concrete or other suitable impervious material having a minimum area of 150 square feet and one crushed rock or better surfaced mobile home pad having a minimum area equal to that of any mobile home which will be located in the space.

(2)

Transportation standards.

a.

Mobile home parks shall abut and have direct access to an arterial or other major street. Minor streets in a mobile home park shall not be connected to streets outside the development in such a way as to encourage their use by through traffic.

b.

Each mobile home space shall have access to a street in the mobile home park. Streets in a mobile home park may be dedicated to public use or may be retained in private ownership, except the city commission may require major streets to be dedicated to the public. All streets will be at least 30 feet wide and constructed in accordance with city subdivision regulation standards.

c.

Walkways, not less than four feet in width, shall be provided from each mobile space to service buildings and along at least one side of each street.

(3)

Service building standards.

a.

Each mobile home park shall be provided with at least one service building adequately equipped with flush-type toilet fixtures and other sanitary facilities. No service building shall contain less than one toilet for females, one toilet for males and one lavatory for each sex.

b.

Service buildings shall:

1.

Be located 20 feet or more from any mobile home space;

2.

Be of a permanent construction, and be adequately lighted;

3.

Be of a moisture-proof material to permit frequent washing and cleaning;

4.

Have adequate heating facilities to maintain a temperature of at least 68 degrees Fahrenheit during cold weather, and to supply adequate hot water during time of peak demands;

5.

Have all rooms well ventilated, with all openings effectively screened;

6.

Provide separate compartments for each bathtub or shower and water closet, and sound resistant wall to separate male and female toilet facilities.

c.

Laundry facilities shall be provided in the ratio of one clothes washer and one clothes dryer to every 20 mobile home spaces and shall be in a separate sound-proof room of a service building or in a separate service building.

(4)

Water supply standards.

a.

An accessible, adequate, safe and potable supply of water shall be provided in each mobile home park, capable of furnishing a minimum of 150 gallons per day per mobile home space. The development of an independent water supply to serve the mobile home park shall be made only after express approval has been granted by the county health department. When a municipal supply of water of such quality is available, connection shall be made thereto.

b.

The water system of the mobile home park shall be connected by pipes to all buildings and all mobile home spaces.

c.

All water piping shall be constructed and maintained in accordance with state and local law. The piping system shall not be connected with nonpotable or questionable water supplies and shall be protected against the hazards of backflow or back-siphonage.

d.

Where drinking fountains are provided for public use, they shall be of a type and in locations approved by the county health department.

e.

Individual water service connections which are provided for direct use by mobile homes shall be so constructed that they will not be damaged by the parking of such mobile homes. The mobile home park water system shall be adequate to provide 20 pounds per square inch of pressure at all mobile home connections.

f.

Where an independent or nonpublic water system is used to serve the mobile home park with water obtained from wells, the wells shall have been approved by the county health department, and shall have been drilled or driven. Springs or other sources of supply shall not be used unless approved by the county health department.

g.

Every well shall be located and constructed in such a manner that neither underground nor surface contamination will reach the water supply from any source. A minimum distance of 150 feet shall be maintained between the water supply and any septic tank. A minimum distance of 100 feet shall be maintained between the water supply and any other possible source of contamination, except that sewers or pipes through which sewage or pipes are specifically constructed to provide adequate safeguards, and when specifically authorized by the county health department, such sewers or pipes through which sewage may back up may be closer than 50 feet, but not less than 30 feet from a well.

(5)

Sewage disposal standards.

a.

All plumbing in the mobile home park shall comply with state and local plumbing laws and regulations.

b.

Each mobile home space shall be provided with at least a three-inch sewer connection. The sewer connection shall be provided with suitable fittings, so that a water-tight connection can be made between the mobile home drain and the sewer connection. Such individual mobile home connections shall be so constructed that they can be closed when not linked to a mobile home and shall be capped so as to prevent any escape of odors.

c.

Sewer lines shall be constructed in accordance with plans approved by the city engineer and in accordance with the recommendations of such city engineer. All sewer lines shall be adequately vented and shall be laid with sufficient earth cover to prevent breakage from traffic.

d.

Where sewer lines of the mobile home park are not connected to a public sewer, a method of sewage disposal approved by the county health department shall be provided. The approval of the city engineer and director of the water and sewer department shall be obtained on the type of treatment proposed and on the design of the disposal plant prior to construction.

(6)

Refuse disposal standards.

a.

The storage, collection and disposal of refuse in the mobile home park shall be so managed as to create no health hazards, rodent harborage, insect-breeding areas, accident or fire hazards or air pollution.

b.

Mobile home parks meeting in every respect the requirements of this chapter as to location, space and general layout and provided with individually billed electric or water meters may be provided with individual collection of garbage and trash. Garbage and trash collections may otherwise be provided at a community collection point, as provided in this section.

c.

All refuse shall be stored in flytight, watertight, rodentproof containers, which shall be located not more than 200 feet from any mobile home space. Containers shall be provided in sufficient number and capacity to properly store all refuse and shall be so located as to be readily accessible to standard garbage and trash collecting equipment.

d.

Racks or holders shall be provided for all refuse containers. Such containers, racks or holders shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around them.

(7)

Insect and rodent control standards.

a.

Insect and rodent control measures to safeguard public health as required by the county health department shall be applied in the mobile home park.

b.

Accumulation of debris which may provide harborage for rodents shall not be permitted in the mobile home park.

c.

When rats or other objectionable rodents are known to be in the mobile home park, the park operator shall take definite action, as directed by the county health department, to exterminate them.

d.

Obnoxious weeds and grasses are to be controlled as required by this Code.

(8)

Electricity and exterior lighting standards.

a.

An electrical outlet supplying at least 240 volts shall be provided for each mobile home space. The installation shall comply with all applicable state and local electrical codes and ordinances. Such electrical outlets shall be grounded and weatherproof. No main power supply line shall be permitted to lie on the ground or to be suspended less than 18 feet minimum above the ground.

b.

Streets, driveways and walkways shall be lighted at night with a minimum illumination of at least six-tenths footcandles.

c.

All electrical installations shall be in compliance with applicable electrical requirements of this Code of Ordinances.

(9)

Fuel standards. All piping from outside fuel storage tanks or cylinders to mobile homes shall be copper or other metallic tubing acceptable to the building inspector. The fuel tanks and cylinders shall be permanently installed and securely fastened in place and shall not be located inside or beneath the mobile home or less than five feet from any mobile home exit.

(10)

Fire protection standards.

a.

The mobile home park area shall be subject to the rules and regulations of the Fort Pierce/Saint Lucie County Fire District.

b.

Mobile home park areas shall be kept free of litter, rubbish and other flammable materials.

c.

Portable fire extinguishers of a type approved by the fire district shall be kept in service buildings and at all other locations designated by such fire district and shall be maintained in good operating condition.

d.

Where a municipal water system with a water main of six inches or larger is available to the mobile home park, standard fire hydrants shall be located within 400 feet of each mobile home or building.

e.

Where the water system does not provide at least a water main of six inches there shall be provided a two-inch protected water riser within 300 feet of each mobile home or building in accordance with the fire district.

f.

Fires shall be made only in stoves and other equipment intended for such purposes.

g.

Any person operating a mobile home park shall instruct his staff in the use of the mobile home park's fire equipment and their duties in the event of fire.

(11)

Additional standards.

a.

A centralized storage area for boats, campers, camping trailers and automobiles shall be provided in each mobile home park. Such storage areas shall contain a minimum of 160 square feet for each mobile home space and shall be enclosed by a sight-obscuring fence.

b.

General use recreation areas will be provided which are suitable for recreational uses and which are adequately equipped and restricted to recreational uses. A minimum of 200 square feet of recreation area for each mobile home space shall be provided in one or more locations within the mobile park. The minimum size of each required recreation area shall be 5,000 square feet. Such areas shall be protected from streets, drives and parking areas by curbs, guardrails, plantings or other suitable devices.

c.

Locations of utility facilities such as sewer, water, natural gas, electricity, telephone and cable television lines may be determined by the city planning board. Easements necessary for the orderly extension and maintenance of public utilities may be required as a condition of approval.

d.

Suitable sight-obscuring fences, walls, evergreen hedges and/or berms shall surround the mobile home park in order to visually separate the park from adjoining property, except at entrance and exit points and where such buffering techniques are unnecessary due to topographical features.

e.

Every mobile home park owner or operator shall maintain a register containing a record of all mobile homes and occupants using the mobile home park. Such register shall be available to any authorized person inspecting the park, and shall be preserved for one year from the date of listing therein. Such register shall contain the names and addresses of all mobile home occupants stopping at the park and the make, model and license number of their motor vehicles and the mobile home.

f.

Before a mobile home park is approved, evidence shall be required that demonstrates compliance with standards of the state department of health and rehabilitative services, division of health.

g.

Every owner, operator, attendant or other person operating a mobile home park shall notify the county health department immediately of any suspected communicable or contagious disease within the mobile home park. In the case of diseases diagnosed by a physician as quarantinable, the departure of a mobile home or its occupants or the removal therefrom of clothing or other articles which have been exposed to infection, without approval of the county health department, is prohibited.

h.

Permanent structures located within any mobile home space shall be used only as carports or for storage purposes.

i.

Mobile homes placed in a mobile home park shall also conform to the provisions of section 125-319.

(12)

Special application requirements. Applications for mobile home parks shall be accompanied by complete plans and specifications which will include the following information:

a.

A site plan drawn to a scale of one inch equals 100 feet which shows:

1.

The number, locations and size of all mobile home spaces;

2.

The location and width of roadways and walkways; and

3.

The location of water and sewer lines, electrical installations, gas lines and the drainage system.

b.

Plans and specifications of all buildings and other improvements constructed or to be constructed within the mobile home park.

(Code 1983, § 22-85; Ord. No. H-186, § 30-85, 6-15-1981; Ord. No. I-208, § 6, 3-2-1987)

Recreational vehicle parks shall comply with the following provisions:

(1)

Location, space and general layout standards.

a.

Recreational vehicle parks shall be established on parcels of land which have an area of at least three acres.

b.

The recreational vehicle park shall be located on a well-drained site and shall be so located that its drainage will not endanger any water supply. Recreational vehicle parks shall not incorporate within their boundaries marshes, swamps or other potential breeding places for insects or rodents.

c.

Each space for a recreational vehicle shall contain a minimum of 1,750 square feet. This space shall be clearly defined and shall be exclusive of any space used for common areas, such as roadways and general use walkways, storage areas or recreation areas.

d.

There shall be no more than one recreational vehicle occupying each space.

e.

Recreational vehicles shall be located within their designated space in such a way that there shall be a minimum of ten feet between recreational vehicles, or between any recreational vehicle and any building other than approved covered parking areas or storage buildings.

f.

Recreational vehicles shall be located at least 20 feet from all recreational vehicle park property lines.

g.

No recreational vehicle when parked shall be located so that any part of such recreational vehicle will obstruct any drive or walkway.

h.

The recreational vehicle pad shall be covered with crushed gravel or paved with asphalt, concrete or similar material and be designed to provide runoff of surface water.

(2)

Transportation standards.

a.

Recreational vehicle parks shall abut and have direct access to an arterial or other major street.

b.

Access drives shall be provided to each rental space and shall be continuous unless provided with adequate turnaround area.

c.

No access drive will be less than 30 feet wide if for two-way traffic or if parking is permitted on one or both margins of the drive. Other access drives shall not be less than 20 feet wide.

d.

Access drives shall be surfaced with concrete, asphaltic cement or similar hard surfaced material which is resistant to dust or mud. Such surfacing shall be suitably sloped and drained and will be maintained in good condition at all times by the owner or owners of the recreational vehicle park.

(3)

Service building standards. Recreational vehicle parks shall comply with the service building standards in section 125-246(3) except:

a.

That there shall be one lavatory and one shower or bathtub for each sex for each five recreational vehicle parks or fraction thereof; one toilet for females for each five recreational vehicles or fraction thereof; and one toilet for males for each ten recreational vehicles or fraction thereof, not more than one-third of which shall be urinals.

b.

No recreational vehicle space shall be more than 200 feet from a service building with a lavatory, toilet and a shower or bathtub for each sex.

c.

That for the purposes of this section, the words recreational vehicle will be substituted for the words mobile home.

(4)

Sewage disposal standards. Recreational vehicle parks shall comply with the sewage disposal standards in section 125-246(5) except:

a.

The requirements in section 125-246(5)(a) will not apply.

b.

That for the purposes of this section, the words recreational vehicle will be substituted for the words mobile home.

(5)

Additional standards.

a.

Recreational vehicle parks shall comply with the standards in sections 125-246(4) and 125-246(6) through (10) except that for the purposes of this section, the words recreational vehicle will be substituted for the words mobile home.

b.

General use recreation areas will be provided which are suitable for recreational uses and which are adequately equipped and restricted to recreational uses. At least ten percent of the total recreational vehicle park shall be included in one or more such general use recreation areas. These areas shall be protected from streets, drives and parking areas by curbs, guardrails, plantings or other suitable devices.

c.

The city commission may require that the recreational vehicle park have a centralized storage area for boats and other vehicles.

d.

Locations of utility facilities such as sewer, water, natural gas, electricity, telephone and cable television lines may be determined by the city commission.

e.

Suitable sight-obscuring fences, walls, evergreen hedges and/or berms shall surround the recreational vehicle park in order to visually separate the park from adjoining property, except at entrance and exit points and where such buffering techniques are unnecessary due to topographical features.

f.

Every recreational vehicle park owner or operator shall maintain a register containing a record of all recreational vehicle occupants using the recreational vehicle park. Such register shall be available to any authorized person inspecting the park, and shall be preserved for one year from the date of listing herein. Such register shall contain the names and addresses of all recreational vehicle occupants stopping at the park and the make, model and license number of the motor vehicle and the recreational vehicle.

g.

Before a recreational vehicle park is approved, evidence shall be required that demonstrates compliance with standards of the state department of health and rehabilitative services, division of health.

h.

Every owner, operator, attendant or other person operating a recreational vehicle park shall notify the county health department immediately of any suspected communicable or contagious disease within the recreational vehicle park. In the case of diseases diagnosed by a physician as quarantinable, the departure of a recreational vehicle or its occupants or the removal therefrom of clothing or other articles which have been exposed to infection, without approval of the county health department, is prohibited.

i.

No recreational vehicle shall remain in the park for more than 30 days in a 60-day period.

(6)

Special application requirements. Applications for recreational vehicle parks shall be accompanied by complete plans and specifications which will include the following information:

a.

A site plan drawn to a scale of one inch equals 100 feet which shows:

1.

The number, locations and size of all recreational vehicle spaces.

2.

The location and width of roadways and walkways.

3.

The location of water and sewer lines, electrical installations, gas lines and the drainage system.

b.

Plans and specifications of all buildings and other improvements constructed or to be constructed within the recreational vehicle park.

(Code 1983, § 22-86; Ord. No. H-186, § 30-86, 6-15-1981)

(a)

Purpose. Adult congregate living facilities (ACLFs) are intended to meet a need for facilities which provide housing and some personal services for persons who do not require nursing home or hospital care (see definition in section 125-3). Qualifying facilities shall be licensed and regulated by the state.

(b)

Procedure for review and approval of adult congregate living facilities. An application for approval of an adult congregate living facility shall be reviewed in accordance with the procedure set forth in sections 125-236 through 125-242. The application must conform to all requirements set forth in this Code except to the extent permitted otherwise in this section.

(c)

Basic use standards.

(1)

Area, width, depth, yard and land coverage specifications shall meet the requirements of this Code for multifamily developments.

(2)

Maximum residential densities shall not exceed the level that the city commission determines is consistent with the comprehensive plan. The commission shall consider the number and size of bedrooms, projected age of the residents, projected number of residents per dwelling unit, traffic impact, public facility and service needs and capacity, and compatibility with nearby development. In no case shall maximum densities exceed those set out in this section.

(3)

No building shall be located closer than 20 feet to any street or street right-of-way. Additional setback requirements may be imposed by the city commission to provide adequate light, ventilation, privacy, and other appropriate standards.

(4)

An adult congregate living facility in a commercial zoning district shall not be eligible for approval as an innovative residential development.

(5)

Three-fourths parking spaces shall be provided for each dwelling unit.

(d)

Uses. Within an adult congregate living facility the following uses are permitted providing that all such uses are located within the principal structure and the area of the individual businesses does not comprise more than five percent of the total floor area of the project.

(1)

Personal service establishments such as a beauty parlor, barber shop, tailor, and other similar uses provided not more than three persons are employed in any one establishment.

(2)

Retail sales establishments primarily for the use of the tenants, provided that any one establishment does not exceed 1,600 square feet.

(3)

Doctors' offices and medical clinics primarily for the use of the tenants, provided that any one establishment does not exceed 1,200 square feet.

(Code 1983, § 22-87; Ord. No. I-147, § 2, 2-3-1986)

Combined mobile home and recreational vehicle parks shall comply with the following standards:

(1)

Establishment.

a.

Combined mobile home and recreational vehicle parks must be established in an existing mobile home park.

b.

The mobile home park must continue to exist and abide by all ordinances not in conflict with this section.

(2)

General layout standards.

a.

Intent. To the fullest extent possible, recreational vehicle sites should be collocated and clustered together in combined mobile home and recreational vehicle parks.

b.

Implementation. Combined mobile home and recreational vehicle parks must comply with the following layout limitations which are intended to restrict the location of recreational vehicle sites to mitigate the impact of recreational vehicles on existing mobile home residents:

1.

If no vegetative buffer or roadway exists between a recreational vehicle and an existing mobile home, the recreational vehicle must be located at least 20 feet from the nearest exterior wall of the nearest preexisting mobile home.

2.

If a vegetative buffer of a minimum of one foot in width, four feet in height, and the length of the lot, or an improved roadway exists between a recreational vehicle and an existing mobile home, the recreational vehicle must be located ten feet from the nearest exterior wall of the nearest preexisting mobile home.

3.

A recreational vehicle may be located next to a vacant mobile home with no minimum distance or buffer requirement.

4.

A recreational vehicle may be located next to a preexisting mobile home that is occupied with no minimum distance or buffer requirement if the existing mobile home owner or resident provides the park owner their consent in writing.

(3)

Transportation standards.

a.

Recreational vehicles located in combined mobile home and recreational vehicle parks shall not be used for routine transportation.

b.

Recreational vehicles located in combined mobile home and recreational vehicle parks shall be self-contained in nature, must be configured to utilize the electric, water, and sewer utilities of the park, and must be greater than 30 feet in length.

(4)

Additional standards.

a.

Permanent structures may not be constructed at recreational vehicle sites. A recreational vehicle may be located at a site with an already existing carport, storage room, or other permanent structure.

b.

No recreational vehicle space lease may be for less than 30 consecutive days or more than 18 months in duration.

(Code 1983, § 22-88; Ord. No. L-284, § 3, 11-19-2012)