These specific special uses have unique characteristics that require the imposition of development criteria to ensure that they are not harmful to the health, safety, and welfare of residents, surrounding uses and surrounding properties. These criteria may be applied in relation to use, occupancy, location, construction, design, character, scale, manner of operation, or the necessity for making complex or unusual determinations. The uses are listed in this Section together with the specific criteria that apply to each specific use. They are listed in alphabetical order and these criteria/minimum standards shall be met in addition to all other standards of this Code, unless specifically addressed in this Section, and all applicable regulations of other governmental agencies.

The purpose of this Section is to set the standards and requirements for Uses Permitted with Conditions. It is the intent of this Section to identify certain activities or structures, which, if the use or structure complies with specifically identified conditions, may be treated as a permitted use. At the Planning and Development Director's discretion, any development plans larger than five acres or development plans that may have compatibility concerns based upon intensity, location, or use may be sent to the Planning and Zoning Board for approval. For the purposes of this Code, these uses shall be known as "Uses Permitted with Conditions."

The standards for Uses identified in Section 4.02.00 apply to uses listed as "PWC" Permitted with Conditions in Section 3.03.00, Table 3.03.00(A), and approved under the provisions of Article 9, Section 9.07.00. Where standards provided herein exceed and/or create greater restrictions than those of the underlying zoning district, this Section shall supersede any other provision of this Code. Where no standard is established in this Section, that of the relevant zoning district shall apply.

No person shall have any right to operate a use identified as a Use Permitted with Conditions unless all of the conditions specified in the section related to that use or conditions set by the Planning and Zoning Board are currently and continuously complied with. It shall be a violation of this Code to operate any use delineated in this Article without complying with the applicable conditions.

The purpose of this Section is to set the standards and requirements for Special Exception uses, those that are permitted only through special application and public review. Its intent is to ensure that such uses, if approved, are compatible with surrounding properties, and are developed in suitable locations with those design features that are necessary to safeguard the public health, safety, and welfare.

Special Exceptions shall be granted in accordance with the provisions of Section 9.08.00. Special standards and requirements presented in this Section are conditions for approval of the Special Exception and shall be binding on all development authorized under the Special Exception.

The standards for Uses identified in Section 4.02.00 apply to uses listed as "S" Special Exceptions in Section 3.03.00, Table 3.03.00 (A), and approved under the provisions of Article 9, Section 9.08.00. Where standards provided herein exceed and/or create greater restrictions than those of the underlying zoning district, this Section shall supersede any other provision of this Code. Where no standard is established in this Section, that of the relevant zoning district shall apply.

No person shall have any right to operate a use identified as a Special Exception unless all the conditions specified in the section related to that use or conditions set by the Board of County Commissioners are currently and continuously complied with. It shall be a violation of this Code to operate any use delineated in this Article without complying with the applicable conditions.

It is the purpose and intent of this Section to provide appropriate sites within the County for adult entertainment establishments and to ensure the peace and tranquility of the community.

(A)

The establishment must be located at least 1,500 feet from a place of worship, daycare, or any school (Pre-Kindergarten, Kindergarten, Elementary, Junior High, High School, Junior College, or College) whether public or private.

(B)

The establishment must be located at least 1,000 feet from any residence or residentially-zoned property.

(C)

Points of ingress/egress to the property must connect to a road having a functional classification of Collector or higher.

Land application of septage for agricultural purposes shall be permitted in A-1- zoned district upon the following conditions:

(A)

The State of Florida Department of Environmental Protection has approved the site for septage disposal.

(B)

Land application of septage shall only occur after it has been properly treated by a septage stabilization process as approved by the State of Florida Department of Environmental Protection.

(C)

Letter of credit or bond. An irrevocable letter of credit or bond in the amount of $10,000.00 from the septage hauler/contractor who is applying for on-site disposal of septage, or operation of the Septage Treatment Facility shall be made payable to Hardee County, for the purposes of correcting any environmental damage or public health threat caused by the land application of septage. Only one $10,000.00 irrevocable letter of credit or bond is required to cover all sites operated by one septage hauler/contractor. The irrevocable letter of credit or bond shall be for a period of one year and shall be renewed each year that the State of Florida Department of Environmental Protection, re-permits the site. No septage can be applied or disposed on-site without such irrevocable letter of credit or bond. This provision shall not apply to any government agency.

(D)

Setbacks. The land application area must comply with the following minimum setbacks:

*=The setback may be reduced to 300 feet minimum with an affidavit from affected property owner(s) granting such reduction. The affidavit must be dated, contain original signature(s) and signature(s) must be properly notarized, and affidavit must be recorded with the property owner(s) deed with the Clerk of the Court.

**=The setback may be reduced to 75-foot minimum with an affidavit from affected property owner(s) granting such reduction. The affidavit must be dated, contain original signature(s) and signature(s) must be properly notarized, and affidavit must be recorded with the property owner(s) deed with the Clerk of the Court.

(A)

Landing strips and heliports, accessory hangers and sheds are subject to the intensity class performance criteria applicable to the underlying zoning district.

(B)

The area proposed for this use shall be sufficient and the site otherwise adequate to meet the standards of the FAA.

(C)

Any proposed runway or landing strip shall be situated so that any structures, high voltage power lines, towers, chimneys, and natural obstructions within the approach zones shall comply with regulations for height restrictions in airport approach zones of the FAA.

(D)

There shall be sufficient distance between the end of each usable landing strip and the airport boundary to satisfy the requirements of the FAA. If air rights or easements have been acquired from the owners of abutting properties in which approach zones fall, proof thereof shall be submitted with the application.

(E)

No existing or planned approach areas shall be permitted over existing residential areas or over vacant areas zoned for future residential development; however, approach areas may be allowed over such vacant areas if deed restrictions or other mechanisms ensure that they will not be developed for residential uses.

(F)

Off-street parking required. One space for every plane space within the hangers plus one space for every tie-down space plus one space for every two employees.

(G)

Building setback. All hangers or structures other than administration buildings shall be at least 100 feet from any street or lot line.

(H)

All repair of airplanes and machinery shall be done at least 100 feet from any street or lot line.

(I)

Residential uses shall not be located within the approach path or the noise zone.

(A)

Generally. All vendors shall be licensed by the Division of Alcoholic Beverages and Tobacco of the State Department of Business, shall comply with all laws of the State of Florida and all rules and regulations promulgated by the Division in the conduct and operation of all businesses authorized to sell, serve and dispense alcoholic beverages, and reference is hereby made to Chapters 561 through 568 of the Florida Statutes, and the same are hereby incorporated herein by reference and adopted as part hereof, except as portions thereof may be modified hereinafter.

No manufacturer, distributor, exporter or vendor of alcoholic beverages, including wine and/or beer, shall engage in the business and/or operation of selling alcoholic beverages, including wine and/or beer, without first having secured and/or obtained a license from the Division of Alcoholic Beverages and Tobacco of the State Department of Business Regulation.

(B)

Hours of Sale.

(1)

It shall be unlawful for any alcoholic beverages, including wines and/or beers, to be sold, served, dispensed, consumed, or permitted to be served or consumed on the premises of any licensee operating under a valid license issued by the Division of Alcoholic Beverages and Tobacco of the State Department of Business regulation between the hours:

Division of Alcoholic Beverages and Tobacco of the State Department of Business Regulation is defined in Article 14 of this Code.

In addition to the hours of sale provided in Paragraph (1), the sale of alcoholic beverages shall be allowed for an additional hour from 1:00 a.m. and 2:00 a.m. on January 1st.

(C)

Location.

(1)

No person shall construct or use any building for selling, serving, or dispensing alcoholic beverages, including wine and/or beer including for consumption on the vendor's property, whose place of business for selling, serving or dispensing alcoholic beverages, including wine and/or beer, is or shall be within 500 feet of an established place of worship, school, or day care which distance shall be measured by drawing a straight line from the nearest property line of the pre-existing protected use to the nearest line of the proposed alcoholic beverage business.

(a)

The sale of alcoholic beverages is subject to the following standards:

1.

All public entrances of the establishment are located at least 500 feet from a place of worship, day care center, or an established school.

2.

All public entrances of the establishment are located at least 1,500 feet from any residentially-zoned property.

3.

Points of ingress/egress to the property connect to a road having a functional classification of Collector or higher.

(D)

No certificate of use or occupancy, building, plumbing, electrical or other permit, including, but not limited to, health permits, shall be issued to any person, firm, association or corporation conducting and/or operating a business for sale of alcoholic beverages, including wine and/or beer, at a location prohibited, pursuant to this Article.

(E)

The provision of Paragraph[s] (3)(a) and (3)(b) shall not apply to licensed vendors:

(1)

Holding valid licenses on January 01, 2001, for the sale of beer; but the license of any such vendor shall not be transferred to another location prohibited herein.

(2)

Of beer and/or wines for consumption off the premises only.

(3)

Of an "established business" as defined in Article 14 of this Code.

(F)

It shall be unlawful for any person, firm, association or corporation, or the officers, agents, or employees, to sell, give, serve, or permit to be served, any alcoholic beverages, including wine and/or beer, to any of the following enumerated persons or to permit any of the following enumerated persons to consume any of said beverages on licensed premises, to-wit:

(1)

Any person under 21 years of age;

(2)

Any person who is intoxicated;

(3)

Any person who is mentally incompetent and known to be so by the seller or any person whom the seller has good reason to believe might be mentally incompetent; or

(4)

Any person who is a habitual drunkard and known to be so by the seller or any person whom the seller has good reason to believe might be a habitual drunkard.

(G)

No person shall possess an open container of an alcoholic beverage while in the parking lots or outside the premises for which a valid license for the sale of alcoholic beverages has been issued by the Division of Alcoholic Beverages and Tobacco of the State Department of Business Regulation.

(H)

No person shall possess an open container of alcoholic beverages or consume any alcoholic beverages, including wine and/or beer, upon the public streets, roads, public parking lots or rights-of-way within the unincorporated areas of Hardee County, Florida, or upon the premises or parking lot or parking area of any club or business that operates a business other than the sale or consumption of alcoholic beverages.

(I)

Open containers are defined as any container whose contents are immediately capable of being consumed from, or the seal of which has been broken or tampered with.

(J)

Upon receipt of written request, the Board of County Commissioners in writing may waive Paragraphs (G), (H) or (I) for special events on a time and site-specific basis.

(K)

Hardee County adopts by reference the definitions set out in F.S. § 561.01, as they may, from time to time be amended.

(L)

These provisions of inclusive shall apply to and be in full force and effect in all unincorporated areas of Hardee County, Florida.

(M)

Any expansion of the premises to include outside areas will not be considered an expansion of a non-conforming use so long as additional impervious area is not added. The perimeter of all approved outside areas shall either be fenced or delineated in a manner which will permit an objective determination of the boundary of the approved premise for enforcement purposes.

(N)

Prohibited Acts in Licensed Alcoholic Beverage Establishments.

(1)

It shall be unlawful for any person to appear in a licensed alcoholic beverage establishment or licensed premises, as defined in F.S. § 561.01 in such a manner or attire as to expose to public or private view, or to employ any device or covering that is intended to give the appearance of, any portion of the pubic area, anus, vulva or genitals, or, if such person is female, the area of the breast directly or laterally below the top of the areola.

(2)

It shall be unlawful for any person owning, maintaining, operating, or leasing a licensed alcoholic beverage establishment or licensed premises as defined in F.S. § 561.01, or any other person, to permit any violation of subsection (N)(1) of this Code.

(3)

It shall be unlawful for any person to engage in any activity commonly referred to as a "lap dance" or "private table-side dancing" whereby the lap dancer or private table-side dancer intentionally sits upon or rubs against the clothed or unclothed genitals, vulva, anus or buttock of any patron, customer or spectator therein in exchange for receiving a tip, donation, gratuity or anything of value, including, but not limited to, money, or for no consideration at all. It shall be unlawful as well for the patron, customer, or spectator upon whose body the lap dancer or private table-side dancer is committing the above-proscribed activity to permit the activity to occur.

(4)

It shall be unlawful for any person owning, maintaining, operating or leasing a licensed alcoholic beverage establishment or licensed premises as defined in F.S. § 561.01, to permit the construction, maintenance or use of areas completely or partially partitioned, curtained or screened from public view that are permitted to be used for the activities prescribed in (N)(1) and (N)(3) of this Code.

(A)

Area Requirements.

(1)

The first four units of any multi-family structure shall require a minimum of 10,000 square feet of lot area.

(2)

For each dwelling unit in excess of four on the first two floors, there shall be an additional 1,200 square feet of lot area.

(3)

For each dwelling unit on the third floor there shall be an additional 900 square feet of lot area.

(B)

Building Height Regulations. Maximum of 35 feet in height from final ground level of building.

(C)

Maximum Land Coverage. The maximum area of land coverage by structures shall be regulated by the setbacks of this Section.

(D)

Yard Regulations.

(1)

Front Yard. Twenty-five feet in depth measured from any right-of-way line to the front of the structure.

(2)

Rear and Side Yard. Fifteen feet for the first two stories, and 20 feet for three stories. Any rear or side yard abutting a street shall be 25 feet.

(E)

Off-Street Parking. See Section 5.09.00, Off-Street Parking Requirements.

Property shall front on a paved road. Primary points of ingress/egress shall connect to such roadway. Signs shall be in accordance with regulations in Article 6. Parking requirements shall be one space per unit available for rent.

(A)

Property shall be at least one acre in size.

(B)

Storage areas shall be screened from view with a wall or opaque fence. A fence must be constructed along the property line adjacent to residential land use in addition to the buffer yard required by Section 5.13.00. This fence may be constructed of wood, chain link with inserts, masonry, or metal, no less than six feet in height. Specifications for the type of fences are as follows:

(1)

Wood fence. Privacy fence constructed of cypress, redwood, or wood treated for outdoor exposure.

(2)

Chain link with inserts. Must be of non-corrosive construction; inserts must be maintained so that there are no breaks or gaps; inserts must be metal or plastic.

(3)

Masonry. Shall be constructed and maintained to present a clean, uniform appearance.

(4)

Metal. Shall be constructed and maintained to present a clean, uniform appearance with no rust and with no gaps showing.

This use shall conform to the General Requirements for Heavy Industrial Uses listed in Section 4.02.21 except fencing, as detailed below.

Fencing must conform to those standards in Section 4.02.21(D) except that fencing must be no less than 10 feet in height.

(A)

Adequate containment must be utilized. Facilities and procedures shall be designed to prevent substances from entering the water or soil and employ adequate means for prompt and effective cleanup of spills that do occur. See Article 7, Section 7.02.08 for more specific guidelines.

(B)

Containment must be adequate for any leaks or spills that may occur.

(C)

Storage of these kinds of materials must be appropriate to the surrounding land uses.

(D)

The facility shall meet applicable standards for noise, smoke, lighting, and gases established in Section 5.12.00, Performance Standards.

(E)

Setback for the bulk storage and disbursement of chemicals and explosive gases must meet all applicable State and Federal Standards.

(A)

Minimum lot size shall be 1/2 acre.

(B)

The buffer yard abutting the right-of-way of a public road shall be a buffer yard "D", see Section 5.13.07.

(C)

All lights shall be shielded to focus and direct lighting onto the uses established, and away from adjacent property, but may be of sufficient intensity to discourage vandalism and theft. Reference Section 5.12.00, Performance Standards, for applicable glare and lighting standards.

(D)

Stored material shall be completely screened from view by an opaque fence no less than eight feet in height in addition to the buffer yard required by Section 5.13.00. This fence may be constructed along the property line of wood, chain link with inserts, masonry, or metal. Specifications for the type of fences are as follows:

(1)

Wood fence. Privacy fence constructed of cypress, redwood, or wood treated for outdoor exposure.

(2)

Chain link with inserts. Must be of non-corrosive construction; inserts must be maintained so that there are no breaks or gaps; inserts must be metal or plastic.

(3)

Masonry. Shall be constructed and maintained to present a clean, uniform appearance.

(4)

Metal. Shall be constructed and maintained to present a clean, uniform appearance with no rust and with no gaps showing.

(A)

Purpose. Car washes and detailing establishments are intended to provide service cleaning for motor vehicles and domestic equipment. However, car wash and detailing uses have the potential to generate undesirable conditions for adjacent properties including noise, particle disbursement and untreated runoff. The purpose and intent of this Section is to establish appropriate standards which allow for the typical range of activities, while mitigating the associated undesirable impacts.

(B)

Applicability. This Section shall apply to car wash and detailing uses. This Section does not apply to temporary car wash activities that occur no more than three consecutive days at the same location.

(C)

Standards.

(1)

When within or adjacent to a residential district the following standards shall apply:

(a)

Sound from radios, stereos, or other sound amplification devices shall not be audible from the adjacent residential district. Signs shall be conspicuously posted notifying persons of these prohibitions.

(b)

Car washing and detailing activities shall be limited to the hours from 7:00 a.m. to 9:00 p.m.

(c)

Generators shall not be used in conjunction with exterior washing and detailing.

(d)

A six-foot high opaque wall or fence shall be provided along rear and side property lines around the car wash/detailing facility and its associated operations.

(2)

Vacuum Stations.

(a)

Vacuum stations and related equipment shall comply with the setbacks for the principal structure.

(b)

Outside vacuum stations and related equipment are prohibited along any side of a building abutting a residential district.

(3)

Traffic Circulation and Vehicle Stacking.

(a)

Drive-lanes and parking spaces shall be clearly delineated.

(b)

A bypass lane shall be provided to allow vehicles a way to enter and exit the site without having to turn around on the site or travel through a car wash tunnel or bay.

(4)

All carwash bays and tunnels and all carwash equipment shall be designed to minimize the creation, and carrying off the premises, of airborne particles of water, chemicals, and dust. No wash-water runoff generated by the carwash facility may be conveyed off site into the Municipal Separate Storm Sewer Systems (MS4). Runoff must be directed to either a recycling system or other water quality treatment facility.

Child care centers shall meet NFPA-101 Life Safety Code, and all regulations specified by state law and County regulations.

(A)

Child care centers shall have direct access to a public street, including a sidewalk, which will accommodate separate pedestrian and vehicle traffic to and from the use, as determined by the Planning and Development Director.

(B)

All child care centers within residential zoning districts shall meet the following standards. Child care centers that do not meet these standards may still be allowed but only through a Special Exception.

(1)

The child care center shall be located upon a roadway classified as a collector or higher on the Roadway Functional Classification Map; and

(2)

The child care center shall be located at the edge of a neighborhood, at a corner location or be an integral part of a multifamily development.

(A)

Incinerator facility shall be located at least 1,000 feet from any property line.

(B)

Landscaping shall be provided in all setback areas according to Landscape Standard "D" See Section 5.13.00.

The purpose of this Section is to provide for the siting, performance, development standards, and general regulations governing communications towers and antennas.

Special Exception approval is required in F-R, I-1, I-2, A-1 and P-I-zoned districts where the tower will not meet the 100% setback requirement. The tower may be set back a distance no less than 50% of its height:

(A)

When certification by an engineer licensed in the State of Florida that the structure is designed to collapse within the boundaries of the property on which it is built has been received, and

(B)

When the Board of County Commissioners determines that all safety concerns have been met the tower shall meet all applicable standards of the FCC, the FAA and any other relevant Federal or State agency.

(C)

This Section shall not apply to the following:

(1)

Any communication tower or antenna that is placed in response to an emergency, as declared by Hardee County, the State of Florida or any other agency with the authority to declare an emergency (this exemption shall apply only for the duration of the emergency and for such period of time following the emergency as is reasonably necessary to remove the tower or antenna);

(2)

Any communication tower or antenna that is operated solely by an amateur radio operator licensed by the FCC; and,

(3)

Antennas placed on alternative support structures and antennas placed on communication towers which do not add to the height of an existing communication tower.

(D)

General guidelines and requirements shall include the following:

(1)

Communication towers and antennas, including their equipment buildings and other supporting equipment, may be considered both principal uses and accessory uses such that, notwithstanding the provisions of this Section, the existence or non-existence of a principal use or structure on a lot or parcel shall not preclude the installation of an antenna or communication tower. For the purposes of applying setbacks, lot coverage, buffering and other applicable development regulations, the entire lot or parcel on which a communication tower or antenna is located shall be treated as the lot, even if the communication tower or antenna is located on a leased portion of land. Communication towers and their antenna, with the exception of their equipment buildings and other accessory structures, are exempt from the height regulations required by their land use district.

(2)

Aesthetics and lighting shall conform to the following:

(a)

With the exception of concrete communication towers, all communication towers shall have either a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

(b)

To the extent possible, communication towers and their support facilities shall be designed with materials, colors, textures, screening, and landscaping that will blend the communication tower with its surrounding environment.

(c)

Communication towers shall not be artificially lighted unless required by the FAA or any other authority with jurisdiction. If lighting is required, strobe lighting shall be utilized during daylight hours only and red lighting shall be utilized at night unless another form of lighting is required by the FAA or any other authority with jurisdiction.

(3)

Notwithstanding anything herein to the contrary, all communication towers shall meet all applicable requirements of the FAA, the FCC, and any other agency of the federal government with the authority to regulate telecommunication facilities.

(4)

New communication towers and antennas, as well as modifications to existing towers, including height additions and additions of antennas, shall be designed in accordance with the Florida Building Code requirements and all other applicable state and local construction Codes. Construction plans shall be signed and sealed by an engineer licensed to practice in the State of Florida.

(5)

In addition to the required fee for review, each application for the construction of a new communication tower shall include the tower manufacturer's product specifications indicating that the tower will satisfy all standards imposed by the American National Standards Institute (ANSI). Applications for modifications to existing communication towers shall include a certification as to the structural integrity of the structure, including the structure's foundation, prepared by an engineer licensed to practice in the State of Florida. Upon completion of a communication tower or a modification to an existing tower, a signed and sealed statement by an engineer licensed to practice in the State of Florida certifying that the structure has been constructed in accordance with the engineered design and all applicable state and local construction Codes shall be submitted as a condition of final approval or issuance of Certificate of Occupancy.

(6)

No communication tower shall be approved unless the application for the structure includes a certification that no antennas to be placed on the structure will cause significant interference with a public safety system or with the usual and customary transmission or reception of radio, television and other customary services enjoyed by adjacent residential and non-residential properties.

(7)

No commercial signage or advertising shall be placed on communication towers. However, signs pertaining to trespassing may be posted on communication towers and emergency phone numbers shall be posted in a conspicuous location on the security fencing required.

(8)

Communication towers shall be enclosed by security fencing not less than six feet in height. Access to communication towers shall be through a lockable gate.

(9)

All communication towers legally existing on the effective date of this Code may continue in use regardless of whether or not such structures would be authorized under the provisions of this Section. Notwithstanding, antennas may be co-located on nonconforming communication towers and nonconforming communication towers which have been damaged or destroyed beyond 50% may be repaired or replaced.

(10)

Abandoned communication towers shall be removed within 30 days of abandonment. The owner of an abandoned tower, as well as the owner of the real property upon which the tower is situated, shall be jointly and severally responsible for its removal. A communication tower shall be considered abandoned if no licensed operator has had an antenna in use on the structure for a period of 365 consecutive days.

(11)

No communication tower shall be approved unless a lease or other contract exists between the tower applicant and a telecommunication service provider for placement of an antenna on the tower upon approval and construction of the tower. An affidavit that a lease or contract exists may be either submitted in lieu of either lease or contract.

(12)

All communication towers erected as of the effective date of this Code shall provide for co-location in conformance with this Section. No new communication tower shall be approved unless the applicant demonstrates that no existing structure is available or sufficient to accommodate the applicant's proposed antenna. Evidence of any of the following shall be sufficient to demonstrate that no existing structure is available or sufficient to accommodate the applicant's proposed antenna:

(a)

No existing structures are located within the applicant's search ring.

(b)

Existing structures are of insufficient height to meet the applicant's engineering requirements.

(c)

Existing structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.

(d)

The applicant's proposed antenna would cause electromagnetic interference with antennas on existing structures, or antennas on existing structures would cause interference with the applicant's proposed antenna.

(e)

The fees, costs or other contractual provisions required by the owner of an existing structure for co-location or the engineering costs to adapt an existing structure for co-location are unreasonable. Fees and costs which exceed the costs to design and construct a new communication tower shall be presumed to be unreasonable.

(f)

Other factors exist that render existing structures unsuitable.

(13)

The visual impacts of communication towers on nearby viewers shall be mitigated to the extent reasonably possible. At a minimum, a row of trees at least six feet tall at planting shall be planted around the perimeter of the fence to the property and a continuous hedge at least 30 inches high at planting and capable of growing to at least 36 inches in height within 18 months shall be planted in front of the tree line referenced, together providing for an opacity at planting of 60% and achieving 100% opacity within two years of planting. The required opacity shall be achieved to a height of six feet. All landscaping shall be of an evergreen variety (non-deciduous), except that existing native vegetation shall be preserved if sufficient to meet opacity requirements. The required landscaping shall be located on the outside of the fence to the property. Landscaping requirements may be waived for those sides of a communication tower that are adjacent to undevelopable property or that are not otherwise visible from off-site.

All craft breweries, distilleries, or wineries which produces alcoholic beverages for consumption on premise or provide retail sales, shall comply with the following requirements:

(A)

All mechanical equipment used in the alcohol production process shall be behind a wall or fence that separates the equipment from any property line abutting a public street other than an alley when viewed along a line perpendicular or radial to such property line. The wall or fence shall be opaque and have a minimum height of six feet.

(B)

Loading and unloading areas shall be provided to the side or rear of the building. Loading and unloading areas shall not be along the front of the building.

(C)

Spent or used grain or similar wastes may be placed outdoors for a period not to exceed 24 hours. The temporary stockpiling for spent or used grain shall be:

(1)

Clearly shown on a detailed dimensional and labeled drawing that depicts the location of the stockpiled spent grains on the property and the distance of the stockpiled grains from the property lines and the building containing the artisan brewery, distillery, or winery.

(2)

Located only along the side or rear of the building.

(3)

Fully enclosed in containers that are behind an opaque wall or fence. The wall or fence shall have a minimum height of six feet. Cargo containers and tractor trailers shall not be utilized for the temporary stockpiling of spent or used grains even if the cargo containers and tractor trailers are behind an opaque wall or fence.

Reference Section 4.02.04 for regulations regarding Drinking Establishments.

Farmworker housing is provided specifically to house those persons engaged in agricultural labor on Hardee County groves/farms/ranches/dairies. It is recognized that farm labor currently is not limited to housing on groves/farms/ranches/dairies; however, new housing specifically directed at housing farmworkers is established to provide decent, safe, and sanitary accommodations including, but not limited to workers on groves, farms, ranches, and dairies.

Recognizing that differences in employment patterns exist between citrus operations, dairy/ranch operations and truck farming, different types of housing to accommodate the different operations and industries which are most suitable to their operations is necessary. And, since the intent of creating farmworker housing is for farm labor on Hardee County farms, farmworker housing may be located on non-contiguous lands owned by the grove/farm/ranch/dairy which are an integral part of the afore cited operation, farmworkers housed in farmworker housing shall be substantially employed within Hardee County. Conversely, it is not the intent of this Section to establish farmworker housing for lease unless leased to entity principally controlled or owned by landowner applicant. Substantially employed as referenced herein shall mean that not less than 51% of the work performed shall be within Hardee County, as measured by the industry standard measurement of production. Nothing herein shall prevent the Board of County Commissioners, under its emergency powers, to grant relief from this requirement.

4.02.17.01 Farmworker Housing, Group Quarters

A Site Development Plan shall be processed prior to Site Construction Plan approval and building permitting. Farmworker, Group Quarters, housing may consist of single-family detached dwellings, two-family dwellings (duplex) or congregate living dwellings, such as dormitories. Housing density shall not exceed the density permitted within the Agricultural land use category and the A-1 zoning districts. In addition, population density shall not exceed 3.75 persons per gross acre.

(A)

Locational Criteria. In addition to being located in Agricultural/A-1 land use/zoning districts, Farmworker, Group Quarters, housing shall be further located as follows:

(1)

The minimum lot/parcel size shall be 40 acres; the maximum size shall not exceed 100 acres; with maximum population of between 150 and 375 persons, respectively.

(2)

Parcels shall front publicly-maintained paved roads. The minimum lot frontage width shall be 200 feet, except lots of record. The Board of County Commissioners may grant a variance from the paved road requirement pursuant to the review criteria set forth in Section 9.08.00 of this Code.

(3)

Housing areas, as measured linearly from property line to property line, shall not be located closer than five miles between each other. The Board of County Commissioners may grant a variance from this distance requirement pursuant to the review criteria set forth in Section 9.08.00 of this Code.

(B)

Development Criteria.

(1)

Housing units shall be clustered on the site to minimize the space on the property used for the housing proposal. Structure separation shall be a minimum of 15 feet; structure setback from property lines shall be a minimum of 300 feet.

(2)

Structures shall be limited to one story; however, the Board of County Commissioners may grant a waiver to permit two-story structures pursuant to the review criteria set forth in Section 11.02.00 of this Code.

(3)

Buffering of the clustered footprint shall be required. Buffering is meant to provide visual and audio screens between the housing area and surrounding properties. Where existing vegetation does not exist, or is impractical to provide, other opaque screens may be considered, including but not limited to masonry walls, PVC fencing, berming, combinations of the described, or other approved buffer.

(C)

Structure Criteria.

(1)

All structures shall comply with the Florida Building Code and related codes (electrical, mechanical, plumbing).

Nothing herein shall prohibit the Planning and Zoning Board from requiring appropriate conditions when considering approval of a Site Development Plan beyond the requirements set forth herein due to unique site-specific conditions.

4.02.17.02 Farmworker Housing, Resident

A Site Development Plan shall be processed prior to building permitting. Farmworker Housing, Resident housing, shall be limited to single-family detached and duplex (two-family) housing structures. Housing density shall not exceed the density permitted within the Agricultural land use category and the A-1 zoning district.

(A)

Criteria. In addition to being located in Agricultural/A-1 land use/zoning districts, Farmworker Housing, Resident housing, shall be further located as follows:

(1)

For single-family dwelling units on parcels less than 20 acres, and/or two-family dwellings (duplex) on 20 or greater acres, compliance with Section 9.11.00, Subdivision Regulations.

(2)

Where minimum parcel sizes for each housing are 20 acres, said parcels will be denoted/identified on the Site Development Plan with a metes and bounds description of each proposed parcel. The Site Development Plan shall also identify access to each 20-acre tract.

4.02.17.03 Farmworker Housing/H-2A

Housing for persons working on groves/farms/ranches and not otherwise meeting the above definitions and criteria and reviewed and permitted by the Hardee County Department of Health (DOH) as migrant housing, said housing, shall be considered by the County as Farmworker Housing, Migrant/H-2A housing. Within the R-3, C-1 and C-2 zoned districts, the housing can be constructed as a dormitory or multi-family style residential development. And, in addition to being limited to the A-1, R-3, C-1, and C-2 zoning districts, housing designated as Farmworker Housing, Migrant/H-2A housing shall also be required to obtain an annual operating permit from the County to ensure compliance with the adopted International Property Maintenance Code as minimum living standards.

It is the purpose of these standards to provide minimum development guidelines for a flea market, to protect established or permitted uses under this Code in the vicinity of such a facility, and to protect and promote the orderly growth and development of unincorporated Hardee County.

(A)

General Requirements. Flea Markets shall be permitted only on property fronting on a Principal or Minor Arterial Road with all major points of ingress and egress connecting to that road.

At least one enclosed building of 300 square feet or more in size shall be constructed on the property.

(B)

Development Requirements.

(1)

Minimum Lot Size. An area with a minimum width of 200 feet and minimum depth of 300 feet.

(2)

Setbacks.

(3)

No more than 40% of the development site shall be covered by tents or structures.

(C)

Design Requirements.

(1)

Lighting. All lights shall be shielded to focus and direct lighting onto the uses established, and away from adjacent property, but may be of sufficient intensity to discourage vandalism and theft. Reference Section 5.12.00, Performance Standards, for applicable glare standards.

(2)

Fencing. Where a property line abuts and is contiguous to property zoned for a residence or residential use, a fence no less than six feet in height, of wood, chain link with inserts, masonry, or metal, shall be constructed along the property line. Specifications for the type of fences are as follows:

(a)

Wood fence. Privacy fence constructed of cypress, redwood, or wood treated for outdoor exposure.

(b)

Chain link with inserts. Must be of non-corrosive construction; inserts must be maintained so that there are no breaks or gaps; inserts must be metal or plastic.

(c)

Masonry. Shall be constructed and maintained to present a clean, uniform appearance.

(d)

Metal. Shall be constructed and maintained to present a clean, uniform appearance with no rust and with no gaps showing.

(3)

Signs. Signs are permitted according to the standards established in Article 6.

(4)

Drives. Drives shall have a smooth, stabilized, and dustless surface.

(5)

Parking. Parking shall adhere to the off-street parking standards in Section 5.09.00.

(6)

Landscaping. Landscaping of vehicle use areas shall be in accordance with Section 5.13.00. Landscaping shall be provided in all setback areas according to Figure "D", except where a fence is required.

(7)

Restrooms. Restroom facilities shall be provided to adequately serve the customers and vendors anticipated to frequent the flea market in accordance with State standards.

This use shall comply with the General Requirements for Light Industrial Uses listed in Section 4.02.25 as well as the below standards.

(A)

Minimum lot size shall be one acre unless in an approved industrial park.

(B)

Structures shall be set back 50 feet from all lot lines.

(C)

Canopy and buffer yards shall be provided in accordance with the standards of Section 5.13.07 and Figure "D".

(D)

A six-foot fence must be constructed along the property line adjacent to residential land use in addition to the buffer yard required by Section 5.13.07. This fence may be constructed of wood, chain link with inserts, masonry, or metal. Specifications for the type offences are as follows:

(1)

Wood fence. Privacy fence constructed of cypress, redwood or wood treated for outdoor exposure.

(2)

Chain link with inserts. Must be of non-corrosive construction; inserts must be maintained so that there are no breaks or gaps; inserts must be metal or plastic.

(3)

Masonry. Shall be constructed and maintained to present a clean, uniform appearance.

(4)

Metal. Shall be constructed and maintained to present a clean, uniform appearance with no rust and with no gaps showing.

This use shall conform to the General Requirements for Light Industrial Uses listed in Section 4.02.25 in addition to the below standards:

(A)

The terminal must be located on an Arterial or a Major Rural Collector road.

(B)

Truck parking areas shall be set back at least 50 feet from any property zoned or designated on the Future Land Use Map for residential use. Adjacent to a residential area a fence is required as described in General Requirements for Light Industrial Uses, Section 4.02.23(D).

(C)

Truck parking areas shall be set back at least 20 feet from any property zoned or designated on the Future Land Use Map for commercial or industrial use.

(D)

Mechanical work shall be performed in an enclosed building or screened from general or casual view by landscaping or by a fence as described in General Requirements for Light Industrial Uses, Section 4.02.23(D).

4.02.21.01 Adult Family Care Home

Adult Family-Care Home is a full-time, family-type living arrangement, in a private home, under which a person who owns or rents the home provides room, board, and personal care, on a 24-hour basis, for no more than five disable adults or frail elders who are not relatives. The following family-type living arrangements are not required to be licensed as an adult family-care home:

(A)

An arrangement whereby the person who owns or rents the home provides room, board, and personal services for not more than two adults who do not receive optional state supplementation under F.S. § 409.212. The person who provides the housing, meals, and personal care must own or rent the home and reside therein.

(B)

An arrangement whereby the person who owns or rents the home provides room, board, and personal services only to his or her relatives.

(C)

An establishment that is licensed as an assisted living facility. (F.S. § 429.65)

4.02.21.02 ALF: Adult Living Facility

Facility shall be licensed by the State of Florida.

4.02.21.03 Foster Home, Group Home, and Halfway House

(A)

Facility shall be licensed by the State of Florida.

(B)

No staff shall be employed on a full-time or live-in basis other than the owner/operator of the facility and his/her immediate family members.

(C)

The total number of residents shall not exceed 15, including the owner/operator and immediate family members.

4.02.21.04 Group Homes with greater than 15 Persons

(A)

The facility shall be licensed by the State of Florida.

(B)

Facilities shall be separated by no less than 1,000 feet, as measured between the closest point of the properties.

(C)

No sign larger than two square feet shall be displayed indicating the purpose or nature of the facility shall be permitted in any residential district in accordance with Article 6 of this Code.

(D)

In addition to parking spaces normally required for a residential dwelling unit, a space shall be provided for each five residents, excluding staff and immediate family members. See Section 5.09.00.

4.02.21.05 Halfway Home with greater than 15 Persons

(A)

The facility shall be licensed by the State of Florida.

(B)

Facilities shall be separated by no less than 1,000 feet, as measured between the closest point of the properties.

(C)

No sign larger than two square feet shall be displayed indicating the purpose or nature of the facility shall be permitted in any residential district in accordance with Article 4 of this Code.

(D)

In addition to parking spaces normally required for a residential dwelling unit, one space shall be provided for each five residents, excluding staff and immediate family members. See Section 3.11.02.

General requirements for all Heavy Industrial Uses:

(A)

Minimum lot size shall be 1/2 acre.

(B)

The buffer yard abutting the right-of-way of a public road shall be a buffer yard "D" in Section 5.13.07.

(C)

All lights shall be shielded to focus and direct light onto the uses established, and away from adjacent property, but may be of sufficient intensity to discourage vandalism and theft. Reference Section 5.12.00, Performance Standards, for applicable glare and lighting standards.

(D)

Stored material shall be completely screened from view by an opaque fence no less than six feet in height in addition to the buffer yard required by Section 5.13.07. This fence may be constructed along the property line of wood, chain link with inserts, masonry, or metal. Specifications for the type of fences are as follows:

(1)

Wood fence. Privacy fence constructed of cypress, redwood, or wood treated for outdoor exposure.

(2)

Chain link with inserts. Must be of non-corrosive construction; inserts must be maintained so that there are no breaks or gaps; inserts must be metal or plastic.

(3)

Masonry. Shall be constructed and maintained to present a clean, uniform appearance.

(4)

Metal. Shall be constructed and maintained to present a clean, uniform appearance with no rust and with no gaps showing.

(A)

The facility shall be located in a completely enclosed building.

(B)

The facility shall be adequately soundproof so that no noise from the range shall emanate outside the building in which it is located.

(C)

Construction of the facility shall comply with all local, state, and federal safety specifications required for indoor ranges prior to the issuance of a certificate of occupancy.

(D)

The National Rifle Association (NRA) publication titles "The NRA Range Sourcebook" should be consulted in planning and constructing indoor shooting ranges.

(E)

The National Association of Shooting Ranges (NASR) and the Occupational Safety and Health Administration (OSHA) publication titled "Lead Management and OSHA Compliance for Indoor Shooting Ranges" should be consulted in planning and constructing indoor shooting ranges.

(F)

The facility shall be constructed in such a way so that no bullet or projectile that is fired from within can penetrate the walls, ceiling, or floor of the range.

The following standards apply:

(A)

Storage of Materials.

(1)

In no case shall material that is not salvageable be buried or used as fill.

(2)

Junkyard operators shall be responsible for compliance with all applicable Federal and State regulations.

(3)

In any open storage area, it shall be prohibited to keep any icebox, refrigerator, deep-freeze locker, clothes washer, clothes dryer, or similar air-tight unit having an interior storage capacity of 1½ cubic feet or more from which the door has not been removed.

(4)

There shall be no accumulation or storage of materials greater than the height of the fence.

(B)

Screening. All junkyards shall comply with the following screening requirements:

(1)

All outdoor storage facilities shall be surrounded by a dirt berm or a fence no less than eight feet in height, of the following choices: wood, chain link with inserts, masonry or metal; which shall be in addition to the buffer yard required by Section 5.13.00 shall be constructed along or within 10 feet of the property line. Specifications for the type of fences are as follows:

(a)

Wood fence. Privacy fence constructed of cypress, redwood or wood treated for outdoor exposure.

(b)

Chain link with inserts. Must be of non-corrosive construction; inserts must be maintained so that there are no breaks or gaps; inserts must be metal or plastic.

(c)

Masonry. Shall be constructed and maintained to present a clean, uniform appearance.

(d)

Metal. Shall be constructed and maintained to present a clean, uniform appearance with no rust and with no gaps showing.

(2)

Gates at entrance or exit shall be of a material without openings.

(3)

The screen shall be constructed of the same type of material throughout.

(4)

Screens shall be maintained and in good repair at all times.

General requirements for all Light Industrial Uses:

(A)

Minimum lot size shall be one acre unless in an approved industrial park.

(B)

Structures shall be set back 50 feet from all lot lines.

(C)

Canopy and buffer yards shall be provided in accordance with the standards of Section 5.13.00 and a buffer yard "D".

(D)

A six-foot fence must be constructed along the property line adjacent to residential land use in addition to the buffer yard required by Section 5.13.00. This fence may be constructed of wood, chain link with inserts, masonry, or metal. Specifications for the type of fences are as follows:

(1)

Wood fence. Privacy fence constructed of cypress, redwood or wood treated for outdoor exposure.

(2)

Chain link with inserts. Must be of non-corrosive construction; inserts must be maintained so that there are no breaks or gaps; inserts must be metal or plastic.

(3)

Masonry. Shall be constructed and maintained to present a clean, uniform appearance.

(4)

Metal. Shall be constructed and maintained to present a clean, uniform appearance with no rust and with no gaps showing.

The purpose of this Section is to establish locations suitable for manufactured/mobile home development on undivided property, along with open space and other amenities for the common use of residents; to designate those uses and activities that are appropriate for and compatible with such areas; and to establish standards and provisions necessary to ensure proper development and public safety in a mobile home park setting. All manufactured/mobile homes must be tied down, according to the standards set forth in the F.A.C.

The development standards set forth in this Section shall supersede normal development standards applicable in R-2-zoned district.

Table 4.02.26(A) Table of Development Standards
Manufactured/Mobile Home Park

* = Maximum density determined by Future Land Use category.

Note: 15 feet must be between mobile home units, i.e., 7.5 foot side setback on each side.

(A)

Tract Requirements. The tract requirements are listed in the Table of Development Standards, Table 4.02.24(A) above, with additional requirements as follows:

(1)

Minimum Yard Requirements.

(a)

No manufactured/mobile home or structure shall be placed less than 30 feet from the front property line or 30 feet from other property lines. Where the development site adjoins property with a commercial or industrial zoning designation, the required side and rear setback shall be 15 feet.

(b)

Manufactured/mobile homes and structures shall be placed at least 20 feet from the pavement edge of private park roads.

(c)

Each manufactured/mobile home shall be set back 7½ feet from the property line. There shall be a minimum of 15 feet between manufactured/mobile homes and between all other structures. In making an addition to a manufactured/mobile home, a carport or other appurtenant structure, the minimum standard of 15 feet between structures must be met.

(2)

Manufactured/Mobile Home Park Abutting Residential Areas. Where any property line of a manufactured/mobile home park abuts land either zoned for residential use or occupied by a residential use permitted by this Code, there shall be provided and maintained along or within 10 feet of said property line, a fence no less than six feet in height, which shall be in addition to the buffer yard required by Section 5.13.00. This fence may be constructed of wood, masonry, or metal. Specifications for the type of fences are as follows:

(a)

Wood fence. Privacy fence constructed of cypress, redwood or wood treated for outdoor exposure.

(b)

Masonry. Shall be constructed and maintained to present a clean, uniform appearance.

(c)

Metal. Shall be constructed and maintained to present a clean, uniform appearance with no rust and with no gaps showing.

(d)

All fencing shall be maintained.

(3)

Mobile Home Park Abutting an Agricultural Use Area. Where a mobile home park abuts an Agricultural use, the park setbacks shall be 30 feet for the front, sides, and rear.

(4)

Mobile Home Park Within an Agricultural Use Area. From the Hardee County Comprehensive Plan: "Within an Agricultural use area, the approval of residential development shall acknowledge that the protection of agricultural land management activities associated with agricultural uses may be incompatible with residential development. However, such management activities are considered to be an essential element of the protection of successful operations on agricultural lands and the continuation of such activities shall take precedence" in all areas where there is existing agricultural uses or where the Comprehensive Plan Future Land Use Map allows agricultural uses.

(B)

Allowable Accessory Uses.

(1)

Clubhouse, laundry, convenience store (no gasoline sales), hurricane/storm shelter, swimming pool, and other shared facilities for the common use of the residents of a development.

(2)

Storage area for boats, RVs, and other types of vehicles that exceed 30 feet in length. Storage area is for the use of park residents only and shall be fenced and landscaped. Storage of these units shall be prohibited on individual mobile home sites or on park roads.

(C)

Other Requirements.

(1)

Ownership. Mobile home parks may not be platted or otherwise divided by fee simple ownership unless it is platted per subdivision requirements; the sale of interests or memberships on a condominium basis is not permitted, unless it is platted per subdivision requirements. All facilities, including roads, shall be privately owned or owned in common by residents of the park, and shall not occupy parcels of land which are deeded separately from the rest of the park. Hardee County shall not be responsible for maintenance and/or repair of common facilities within a mobile home park.

(2)

Parking. See Section 5.09.00, Off-Street Parking Requirements.

(3)

Common Open Space. An area comprising 10% of the development site or five acres, whichever is less, shall be set aside as open space as defined in Article 9.

(4)

Hurricane Shelter. Each mobile home park must provide one or more buildings to houseguests in a permanent building in the event of a hurricane, at a rate of 20 square feet of habitable floor space per person. Alternative cooking fuel sources; electrical generation for emergency lighting; sanitary sewer facilities; and, an alternate form of fresh water (i.e., water stored in drums or a well serving the shelter separate from the well system in place for the park) shall be provided and maintained. Each building must be built to conform to the Florida Building Code for hurricane shelters.

To calculate the number of persons per park that would require shelter, each mobile home unit will be counted at a minimum of two persons per home. Shelter space would have to be provided for 100% of the total park population.

Service buildings may be used as hurricane shelters as long as the buildings are built to minimum Florida Building Code regulations for hurricane shelters.

(5)

Internal Streets. All Internal streets are to be paved with an asphalt or concrete surface. Road surfacing shall meet the following minimum width requirements:

(a)

One-way travel: 12 feet; or

(b)

Two-way travel: 20 feet.

(6)

Water Supply System. Connection to a potable public supply of water is required. Provision of water supply, water storage and water distribution shall be made in accordance with requirements and standards established by this Code and the State of Florida.

(7)

Sanitary Connections. Each park shall be provided with individual connections to each vehicle site in the park or connected to an on-site sewage disposal system or available public system, in accordance with design and construction requirements as established by the State of Florida.

(8)

Electrical and Gas Systems. Each park shall be provided with an electrical or gas system, which shall be installed and maintained in accordance with applicable codes and regulations.

(9)

Site Development Plan. No manufactured/mobile homes, structures or facilities shall be installed or constructed until a Site Development Plan meeting the requirements of Section 9.10.00 of this Code has been submitted to and approved by the Planning and Zoning Board. All improvements, regardless of timing or project phasing, shall be substantially consistent with the approved Site Development Plan.

Where an existing mobile home park has no Site Development Plan, such a plan shall be prepared and submitted to the Planning and Zoning Department and approved by the Planning and Zoning Board prior to the addition, improvement, rearrangement or replacement of park facilities or mobile homes.

A single-family residential mobile home unit or manufactured home unit is permitted in this district provided that a permanent underpinning/skirting of masonry construction or a permanent underpinning/skirting that matches in color and material the exterior of the mobile home unit or the manufactured home unit, and for new and used units the roof has a minimum 2.5:12 pitch and for already-in-the-County units the roof has a minimum 2:12 pitch. All standards of the Florida Building Code must be met.

It is the purpose of these standards to provide minimum development guidelines for a mini-warehouse facility and to protect established or permitted uses under this Code in the vicinity of such a facility.

No storage bay or unit in a mini-warehouse shall be used as a place of business by persons renting storage space, and no Certificate of Completion shall be approved for the property other then that of the mini-warehouse owner/operator.

No mini-warehouse shall be used as a place of residence or as a storage location for hazardous materials.

(A)

Development Site Requirements.

(1)

Minimum Lot Size. An area not less than 20,000 square feet with a minimum width of 100 feet and a minimum depth of 200 feet.

(2)

Setbacks.

(3)

Maximum Lot Coverage. No more than 40% of the development site shall be covered by structures.

(B)

Design Standards.

(1)

Lighting. All lights shall be shielded to focus and direct light onto the uses established, and away from adjacent property, but of sufficient intensity to discourage vandalism and theft. See Section 5.12.00, Performance Standards, for applicable glare and lighting standards.

(2)

Fencing. A fence must be constructed along the property line adjacent to residential land use. In addition to the buffer yard required by Section 5.13.00. This fence may be constructed of wood, chain link with inserts, masonry, or metal. Specifications for the type of fences are as follows:

(a)

Wood fence. privacy fence constructed of cypress, redwood, or wood treated for outdoor exposure.

(b)

Chain link with inserts. must be of non-corrosive construction; inserts must be maintained so that there are no breaks or gaps; inserts must be metal or plastic.

(c)

Masonry. Shall be constructed and maintained to present a clean, uniform appearance.

(d)

Metal. Shall be constructed and maintained to present a clean, uniform appearance with no rust and with no gaps showing.

(3)

Signs. See Article 6.

(4)

Landscaping. Landscaping shall be provided in all required setback areas according to the standards of Section 5.13.00.

(5)

Parking. See Section 5.09.00, Off-Street Parking Requirements.

(6)

Pavement. Each access to an individual storage unit must be paved with 10 feet by 20 feet apron.

(A)

For parking requirements, see Section 5.09.00.

(B)

Facility shall be licensed by the State of Florida.

(C)

Facilities shall be separated by no less than 1,000 feet, as measured between the closest points of the properties.

(D)

No sign larger than two square feet shall be displayed indicating the purpose or nature of the facility shall be permitted in any residential district, in accordance with Article 6.

(E)

In addition to parking spaces normally required for a residential dwelling unit, one space shall be provided for each five residents, excluding staff and immediate family members. See Section 5.09.00.

A site plan must be submitted for review. The screening of outdoor activities from adjacent properties must be provided in all districts except A-1, FR-2.5, FR-2, and FR. Accessory uses include greenhouses, lighting and climate control systems, irrigation equipment, and storage facilities for water and the nutrient mediums. This use is also allowed in the PUD zoning district.

(A)

Property shall be at least one acre in size.

(B)

No outdoor commercial recreation facility shall be located within 300 feet of any existing residences or property designated for residential use on the Future Land Use Map of Hardee County. This distance shall be measured from the boundary of the property on which the proposed outdoor recreation enterprise would be located.

(C)

Lighting to illuminate buildings, stages, open areas or advertising shall be designed so as to shine only on the subject property and shall be directed away from any public street or residential area.

(D)

Outdoor recreation activities shall be subject to applicable Performance Standards provided in Section 5.12.00.

(E)

No building, mobile home, trailer, vehicle, or mechanical equipment shall be located within 50 feet of any property line.

It is the purpose of these standards to provide minimum development guidelines for a Recreational Resort designed to accommodate Recreational Vehicles, tents and cabins in a campground setting which may be located to chance the enjoyment of leisure time activities on a temporary basis. These provisions are intended to protect established or permitted uses in the vicinity of such a Recreational Resort, and to protect and promote the orderly growth and development of the County. Recreational Resort activities are recognized as a significant tourist-attracting hospitality industry.

(A)

General Requirements. Recreational Resorts shall be permitted with approval of a Special Exception in A-1-zoned districts only with a corresponding Future Land Use Designation of Agriculture.

(B)

Allowed and Prohibited Uses. All permitted uses will be defined as part of the Special Exception approval, both in the record of decision and on the master site plan; the following are the intended base uses.

(1)

Primary Allowed Uses.

(a)

Campsites for tents, travel trailers and recreational vehicles and cabins,

(b)

Community recreational facilities,

(c)

Fish camps with camping or with cottage facilities may have boat rentals, bait sales, etc., and

(d)

Agricultural Uses.

(2)

Service Buildings and Facilities.

(a)

Management offices, repair shops and storage areas,

(b)

Sanitary facilities,

(c)

Laundry facilities,

(d)

Indoor recreation areas.

(3)

Recreational Resorts do not have to provide hurricane shelters. All visitors are to evacuate in the event of a natural disaster such as a hurricane.

(4)

Accessory Uses.

(a)

Storage area for boats, RVs, and other types of vehicles that exceeds 30 feet in length. Storage area is for the use of Recreational Resorts residents only and shall be fenced with a fence no less than six feet in height, which shall be in addition to the buffer yard required by Section 5.13.00. Specifications for the type of fences are as follows:

1

Wood fence. Privacy fence constructed of cypress, redwood or wood treated for outdoor exposure.

2

Chain link with inserts. Must be of non-corrosive construction; inserts must be maintained so that there are no breaks or gaps; inserts must be metal or plastic.

3

Masonry. Shall be constructed arid maintained to present a clean, uniform appearance.

4

Metal. Shall be constructed and maintained to present a clean, uniform appearance with no rust and with no gaps showing.

(5)

Fires and Incinerator Facilities. All outdoor cooking, campfires and incinerator facilities shall be so located, constructed, maintained and used as to minimize fire hazard and smoke nuisance both on the property on which they are used and on neighboring property. Plans, construction, and operation of incinerators shall be carried out in accordance with requirements of the State of Florida.

(6)

Recreational Resort Owner or Operator Residence.

(a)

One single-family residence, or a manufactured home for Recreational the Resort owner or operator.

(b)

Storage buildings for Recreational Resort owner's equipment and supplies.

(7)

Prohibited Uses.

(a)

Park Model trailers.

(b)

General retail.

(c)

Bulk propane sales.

(d)

Any length of stay over six months or farmworker housing of any length.

(C)

Environmental Requirements.

(1)

General. Condition of soil, groundwater level, drainage, and topography shall not create hazards to the property or to the health and safety of the occupants.

(2)

Soil and Ground Cover Requirements. Exposed ground surfaces in all parts of every vehicle site area or other vehicle parking area shall be paved, or covered with stone screening, or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.

Table 4.02.32(A)
Table of Development Standards

(D)

Tract Requirements. The tract requirements are listed in the Table of Development Standards, Table 4.02.01(A) above, with additional requirements as follows:

(1)

The tract shall have at least 75 feet of frontage on a paved road.

(2)

The minimum width of the tract shall be 150 feet at the front building setback line.

(3)

Where any property line of a Recreational Resort abuts land either zoned for residential use or occupied by a residential use, there shall be provided and maintained along or within 10 feet of said property line a fence no less than six feet in height, which shall be in addition to the buffer yard required by Section 5.13.00. Fences shall meet the specifics as defined in this Section and shall be maintained in good condition to ensure functionality.

(4)

Where a Recreational Resort abuts an agricultural use or zoning, the tract setbacks shall be 30 feet on the front, sides, and rear.

(5)

Vegetative Buffering and Fencing. A combination of vegetative buffering and fencing will be required as deemed appropriate for site conditions. These requirements will be partially based on the provisions in Section 5.13.00 of this Code.

(E)

Unit Area Requirements. The individual RV/unit requirements are listed in the Table of Development Standards, Table 4.02.01(A) above, with additional requirements as follows:

(1)

For the purpose of determining recreational vehicle site width and depth, the width of a vehicle site shall be measured at right angles to and between the designated side boundary lines. The depth of a vehicle shall be measured at right angles to and between the designated front and rear boundary lines.

(2)

The minimum distance between RVs shall be 15 feet at the rear and sides and 15 feet at the front. The minimum distance between an RV and any structure shall be 20 feet. The minimum allowable distance between RVs shall, for the purpose of this Section, be measured from and between the outermost structural parts or attached accessory features. The minimum distance between an RV and the edge of the Recreational Resort Road shall be 15 feet.

(3)

Each recreational vehicle site shall be clearly defined by a permanent marker, constructed of a durable material such as masonry or metal, placed at all corners.

(4)

The addition or attachment of any permanent structures, such as awnings, porches, carports, or individual storage facilities, not specifically designed and included as a standard part of the original RV, shall be expressly prohibited in a Recreational Resort.

(5)

Tents.

(a)

Each tent shall be erected or placed on a site not less than 30 feet by 40 feet in area, clearly defined by markers at each corner.

(6)

Cabins.

(a)

Each cabin shall be erected or placed on a site not less than 30 feet by 40 feet in area, clearly defined by markers at each corner, and no cabin used for temporary living or sleeping quarters shall be less than 280 square feet.

(b)

Each cabin shall meet the applicable standards contained in the Florida Building Code.

(F)

Recreation and Open Space Requirements. There shall be provided within a Recreational Resort at recreational and open space areas consistent with Comprehensive Plan requirements for the Agricultural land use.

(1)

At least one area designed for recreational use that is easily accessible from all vehicle sites. The size of such recreation area shall not be less than 10% of the entire tract area. Recreation area is defined as a specific area dedicated to active or passive recreation activities.

For purposes of this Section such activities could include shuffleboard courts, tennis courts, basketball courts and the similar facilities or resource based activities such as equestrian or agricultural uses such as community gardening. Consideration will be given to site specific conditions such as but not limited to the proximity of public recreational facilities, the number of RVs, tents and cabins etc. when specifying the type and size of required facilities.

(2)

The following planning controls shall establish the total open space requirements which includes the aforementioned recreational area requirements:

(a)

Developments of four units or less are not required to retain open space except as otherwise required in this Comprehensive Plan or Unified Land Development Code.

(b)

Developments in excess of four units but less than 20 units shall retain a minimum of 50% of the project site as open space, and shall be clustered or otherwise developed as suitable for the site to protect agricultural areas, wetlands, native vegetative communities and wildlife habitats.

(c)

Development of 20 units or more shall retain a minimum of 80% of the project site as open space and shall be clustered or otherwise developed as suitable for the site to protect agricultural areas, wetlands, native vegetative communities and wildlife habitats.

(G)

Street System and Off-Street Parking Requirements.

(1)

General. All parking areas shall be provided with safe and convenient vehicular access from abutting public streets and roads to each vehicle site. Alignment and gradient shall be properly adapted to topography. Surfacing and maintenance shall provide a smooth, hard and dense surface that shall be well drained.

(2)

Access. Access to a Recreational Resort from a public street or road shall be designed to minimize congestion and hazards at the entrance and on adjacent streets. All traffic into or out of the parking areas shall be through such entrances and exits.

(a)

The entrance to each Recreational Resort shall be a driveway at least 40 feet wide with a turn radius of 100 feet or more from the public roadway, for maneuvering of vehicles.

(b)

Each Recreational Resort site check-in location shall be set back 200 feet from any public right-of-way to accommodate the stacking of vehicles awaiting check-in.

(3)

Internal Streets. All internal streets shall have a hard, stabilized surface acceptable to the County Engineer. Road surfacing shall meet the following minimum width requirements:

(a)

One-way travel: 12 feet; or

(b)

Two-way travel: 20 feet.

(4)

Off-Street Parking and Maneuvering Space. Parking for visitors, towed and towing vehicles shall be provided consistent with Section 5.09.00, Off-Street Parking/Loading requirements.

(H)

Utilities.

(1)

Watering Stations. Each Recreational Resort shall be provided with one or more easily accessible water supply outlets for filling RV water storage tanks in accordance with design and construction requirements established by the State of Florida.

(2)

Sanitary Facilities. The type of sanitary facilities shall be determined by the composition of RVs, cabins, and tents indicated in the Special Exception application.

(a)

RVs Central Facilities dumping or connection facilities shall be provided in accordance with design and construction requirements as established by the Department of Health.

(b)

Each Recreational Resort where cabins, tents, or RVs without self-contained facilities are erected or placed and where private conveniences for each site or cottage are not provided, shall provide, at locations herein defined, toilets, urinals, wash basins, slop basins, showers or baths, water faucets or spigots in accordance with the following.

(c)

Buildings shall be well lighted at all times, day or night, well ventilated with screened openings and constructed of such moisture-proof material as shall permit rapid and satisfactory cleaning, scouring and washing.

(3)

Electrical and Gas Systems. Each Recreational Resort shall be provided with an electrical or gas system, which shall be installed and maintained in accordance with applicable codes and regulations.

(I)

Refuse Handling.

(1)

General. The storage, collection, and disposal of refuse (garbage, ashes, and rubbish) in a Recreational Resort shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazard or air pollution in accordance with requirements established by the State of Florida.

(2)

Location. All refuse shall be stored in watertight, fly-proof, rodent-proof containers, which shall be located within 150 feet of any vehicle.

(3)

Collection. All refuse containing garbage shall be collected at least weekly.

(J)

Permit Procedures and Requirements.

(1)

Site Approvals. Any applicant for the required permits to establish, construct, alter or extend a Recreational Resort in Hardee County shall first request and receive approval of a Special Exception in accordance with the provisions of Section 9.08.00 of this Code and a Site Development Plan.

(2)

Health and Sanitation Permit. After receipt of required land use approvals, applicant shall then apply for and receive a health and sanitation permit for the proposed Recreational Resort from the Hardee County Health Department and the State of Florida in accordance with the requirements of appropriate agencies.

(K)

Other Requirements.

(1)

Ownership. Recreational Resorts may not be platted or otherwise divided by fee simple ownership while actively operating. All facilities, including roads, shall be privately owned and shall not occupy parcels of land which are deeded separately from the rest of the Recreational Resort Hardee County shall not be responsible for maintenance and/or repair of common facilities within a Recreational Resort.

(2)

It shall be the duty of the owner, his/her agent or manager to keep a register of all persons accommodated in the Recreational Resort, such register to include the names of all persons, home addresses, the number and description of his/her automobiles or other vehicles; to prescribe rules and regulations for the management of the Recreational Resort; to make adequate provisions for the enforcement of such rules; and to subscribe to and adopt such general rules and regulations which may be hereafter adopted for the management of such Recreational Resort.

(a)

Provide for regular inspection of the water and the sanitary conveniences.

(b)

Provide for the collection and removal of garbage or other waste material.

(c)

Prohibit the placing or enclosed storage of unsightly material or vehicles of any kind.

(d)

Provide for the regular cleaning, painting, repairing and disinfecting of all buildings.

(e)

Take such other measures as may be deemed to be necessary by the County and State to preserve the health, comfort and safety of all persons residing in the Recreational Resort and of the general public.

(f)

Cause each dog, cat or other pet animal to be kept under control at all times, either being tied, leashed or confined in a proper, humane enclosure.

(g)

Report to the County and State all cases of communicable disease or suspected cases of communicable disease affecting any guest of the Recreational Resort.

(h)

Report immediately to the public authority all acts of disorderly character committed by any person inside the Recreational Resort.

(i)

See that copies of standard rules and regulations shall be prepared and posted in conspicuous locations throughout the Recreational Resort.

(L)

Signage Requirements. Recreational Resorts shall have signage criteria determined during the Special Exception process with guidance from Article 4 of this code and the following standards:

(1)

No sign within 50 feet of a property line.

(2)

Signage limited to ground signs.

(a)

No ground sign to exceed six feet in overall height above ground.

(3)

No internally illuminated signage.

(4)

No off-site signs permitted.

(5)

The number of signs per project shall be determined by the size, road frontage, road classification, surrounding land uses and other factors as determined during the approval process.

It is the purpose of these standards to provide minimum development guidelines for an RV Park and an RV Campground designed only to accommodate the RV. For the purposes of this ordinance, an RV Park is defined as a development in which RVs, and/or "park model" RV's or mobile homes are permanently sited and occupied year-round. An RV Campground, on the other hand, is a development for overnight or limited vacation-season type. These provisions are intended to protect established or permitted uses in the vicinity of such a Park or Campground, and to protect and promote the orderly growth and development of the County.

(A)

General Requirements. The Special Exception standards of this Section shall apply to both RV Parks and Campgrounds.

An RV Park or Campground meeting the required design and compatibility standards shall accommodate the traveling public for a defined maximum time period associated with the specialized seasonal vacation and transient characteristics of such development, in contrast to the more permanent and extended stay characteristics of an RV Park and a Mobile Home Park.

(B)

Environmental Requirements.

(1)

General. Condition of soil, groundwater level, drainage, and topography shall not create hazards to the property or to the health and safety of the occupants.

(2)

Soil and Ground Cover Requirements. Exposed ground surfaces in all parts of every vehicle site area or other vehicle parking area shall be paved, or covered with stone screening, or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.

(3)

Drainage Requirements. Surface drainage plans for the entire tract shall be reviewed by appropriate County staff, who shall determine whether the proposed plan is compatible with the surrounding existing drainage pattern and any relevant drainage plan of the site area or Hardee County, prior to approval of a Special Exception and issuance of building permits. No permit shall be issued in such instance where the County finds the plan to be incompatible with surrounding areas.

Table 4.02.33.01(A)
Table of Development Standards
RV Park or Campground

(C)

Tract Requirements. The tract requirements are listed in the Table of Development Standards, Table 4.02.33.01(A) above, with additional requirements as follows:

(1)

The tract shall have at least 75 feet of frontage on a paved Principal Arterial, Minor Arterial, Major Collector or Minor Collector roadway, as designated on the Future Traffic Circulation Map of the Hardee County Comprehensive Plan.

(2)

The minimum width of the tract shall be 150 feet at the front building setback line.

(3)

Where any property line of a RV Park or Campground abuts land either zoned for residential use or occupied by a residential use permitted by this Code, there shall be provided and maintained along or within 10 feet of said property line a fence no less than six feet in height, which shall be in addition to the buffer yard required by Section 5.13.00. This fence may be constructed of wood, chain link with inserts, masonry, or metal. Specifications for the type of fences are as follows:

(a)

Wood fence. Privacy fence constructed of cypress, redwood or wood treated for outdoor exposure.

(b)

Chain link with inserts. Must be of non-corrosive construction; inserts must be maintained so that there are no breaks or gaps; inserts must be metal or plastic.

(c)

Masonry. Shall be constructed and maintained to present a clean, uniform appearance.

(d)

Metal. Shall be constructed and maintained to present a clean, uniform appearance with no rust and with no gaps showing.

(4)

Where an RV Park or Campground abuts an agricultural use, the tract setbacks shall be 30 feet on the front, sides, and rear.

(D)

Vehicle Site Requirements. The individual site requirements are listed in the Table of Development Standards, Table 4.02.33.01(A) above, with additional requirements as follows:

(1)

For the purpose of determining vehicle site width and depth, the width of a vehicle site shall be measured at right angles to and between the designated side boundary lines. The depth of a vehicle shall be measured at right angles to and between the designated front and rear boundary lines.

(2)

The minimum distance between RVs shall be 10 feet at the rear and sides. The minimum distance between an RV and any structure shall be 10 feet. The minimum allowable distance between RVs shall, for the purpose of this Section, be measured from and between the outermost structural parts or attached accessory features. The minimum distance between an RV and the edge of the park road shall be 10 feet.

(3)

Each vehicle site shall be clearly defined by a permanent marker, constructed of a durable material such as masonry or metal.

(4)

The addition or attachment of any permanent structures, such as awnings, porches, carports, or individual storage facilities, not specifically designed and included as a standard part of the original RV, shall be expressly prohibited in an RV Campground. Such additions to "park model RVs" and RVs may be permitted in an RV Park, so long as they meet all required setbacks and all other requirements of this Code.

(E)

Recreation and Open Space Requirements. There shall be provided within a RV Park or Campground at least one area designed for recreational and open space use that is easily accessible from all vehicle sites. The size of such recreation area shall not be less than 10% of the entire tract area.

(F)

Street System and Off-Street Parking Requirements.

(1)

General. All parking areas shall be provided with safe and convenient vehicular access from abutting public streets and roads to each vehicle site. Alignment and gradient shall be properly adapted to topography. Surfacing and maintenance shall provide a smooth, hard, and dense surface that shall be well drained.

(2)

Access. Access to an RV Park or Campground from a public street or road shall be designed to minimize congestion and hazards at the entrance and on adjacent streets. All traffic into or out of the parking areas shall be through such entrances and exits.

(a)

The entrance to each RV Park or Campground shall be a driveway at least 40 feet wide with a turn radius of 100 feet or more from the public roadway, for maneuvering of vehicles.

(b)

Each RV Park or Campground site check-in location shall be set back 200 feet from any public right-of-way to accommodate the stacking of vehicles awaiting check-in.

(3)

Internal Streets. All internal streets are to be paved with an asphaltic or concrete surface. Road surfacing shall meet the following minimum width requirements:

(a)

One-way travel: 12 feet; or

(b)

Two-way travel: 20 feet.

(4)

Off-Street Parking and Maneuvering Space. See Section 5.09.00, Off-Street Parking Requirements.

(G)

Utilities.

(1)

Water Supply System. Connection to a potable public supply of water is required. Provision of water supply, water storage and water distribution shall be made in accordance with requirements and standards established by this Code and the State of Florida.

(2)

Watering Stations. Each RV Park or Campground shall be provided with one or more easily accessible water supply outlets for filling RV water storage tanks in accordance with design and construction requirements established by the State of Florida.

(3)

Sanitary Connections. Each RV Park or Campground shall be provided with individual connections to each vehicle site in the RV Park or Campground connected to an on-site sewage disposal system or available public system, in accordance with design and construction requirements as established by the State of Florida.

(4)

Electrical and Gas Systems. Each RV Park or Campground shall be provided with an electrical or gas system, which shall be installed and maintained in accordance with applicable codes and regulations.

(H)

Refuse Handling.

(1)

General. The storage, collection, and disposal of refuse (garbage, ashes, and rubbish) in a RV Park or Campground shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazard or air pollution in accordance with requirements established by the State of Florida.

(2)

Location. All refuse shall be stored in watertight, fly-proof, rodent-proof containers, which shall be located within 500 feet or reasonable proximity of any site, as approved by the Board of County Commissioners.

(3)

Collection. All refuse containing garbage shall be collected at least twice weekly.

(I)

Service Buildings and Facilities.

(1)

General. The requirements of this Section shall apply to service buildings, recreation buildings and other service facilities, such as:

(a)

Management offices, repair shops and storage areas.

(b)

Sanitary facilities.

(c)

Laundry facilities.

(d)

Indoor recreation areas.

(2)

Service Buildings for Dependent Vehicles. A central service building containing the necessary toilet and other plumbing fixtures specified by the State of Florida shall be provided in an RV Park or Campground, which provides vehicle sites for dependent vehicles. Service buildings shall be located within a reasonable proximity for all of the sites to be served, as approved by the Board of County Commissioners.

(3)

Service Facilities in Connection with Other Businesses. When an RV Park or Campground requiring a service building is operated in connection with a resort or other business establishment, the number of sanitary facilities for such business establishment shall be in addition to those required by the public health standards for vehicle sites and shall be based upon the total number of persons using or expected to use such facilities.

(4)

Pedestrian Access to Service Buildings and Facilities. Appropriately drained, clear walkways having a width of not less than five feet shall be provided from the vehicle sites to all service buildings and facilities, refuse collection areas, and recreation areas.

(5)

Outdoor Cooking and Incinerator Facilities. All outdoor cooking and incinerator facilities shall be so located, constructed, maintained and used as to minimize fire hazard and smoke nuisance both on the property on which they are used and on neighboring property. Plans, construction, and operation of incinerators shall be carried out in accordance with requirements of the State of Florida.

(J)

Permit Procedures and Requirements.

(1)

Site Development Plan. Any applicant for the required permits to establish, construct, alter or extend an RV Park or Campground in Hardee County shall first request and receive approval of a Special Exception in accordance with the provisions of Section 9.08.00 of this Code.

(2)

Health and Sanitation Permit. After receipt of required land use approvals, applicant shall then apply for and receive a health and sanitation permit for the proposed RV Park or Campground from the Hardee County Health Department and the State of Florida in accordance with the requirements of appropriate agencies.

(3)

Building Permit. Upon completion of (A) and (B) above, application shall be made to the Building Department for the building permit to construct, alter, or extend an RV Park or Campground in accordance with the provisions of this Section. Before issuing a building permit for the construction, alteration or extension of an RV Park or Campground, the Building Director shall determine that all applicable review procedures and standards required under this Code have been satisfactorily met.

(K)

Accessory Uses.

(1)

An allowable accessory use is the storage of RV units. However, no RV may be stored in any tract setback area.

(2)

Storage area for boats, RVs, and other types of vehicles that exceed 30 feet in length. Storage area is for the use of park residents only and shall be fenced with a fence no less than six feet in height, which shall be in addition to the buffer yard required by Section 5.13.00. This fence may be constructed of wood, chain link with inserts, masonry, or metal. Specifications for the type of fences are as follows:

(a)

Wood fence. Privacy fence constructed of cypress, redwood or wood treated for outdoor exposure.

(b)

Chain link with inserts. Must be of non-corrosive construction; inserts must be maintained so that there are no breaks or gaps; inserts must be metal or plastic.

(c)

Masonry. Shall be constructed and maintained to present a clean, uniform appearance.

(d)

Metal. Shall be constructed and maintained to present a clean, uniform appearance with no rust and with no gaps showing.

(L)

Other Requirements.

(1)

Ownership. RV Campgrounds may not be platted or otherwise divided by fee simple ownership unless it is platted per subdivision requirements; the sale of interests or memberships on a condominium basis is not permitted, unless it is platted per subdivision requirements. All facilities, including roads, shall be privately owned, or owned in common by residents of the campground, and shall not occupy parcels of land which are deeded separately from the rest of the campground. Hardee County shall not be responsible for maintenance and/or repair of common facilities within a campground.

Facilities shall be subject to the following requirements:

(A)

All processing activities, as well as associated machinery or equipment, shall be located inside a permanent enclosed structure.

(B)

No recycled materials shall be stored outdoors, either before or after processing.

(C)

Facility structure shall be set back no less than 40 feet from all property lines.

Recycling "center" in this context refers to a collection point for glass, paper, newspaper, cardboard, aluminum cans, plastic containers and/or wood for woodchips. No processing shall be allowed and no collection of hazardous materials shall be allowed. Storage of materials must be in an approved storage container that is watertight, child-proof, and sanitary.

This use shall conform to the General Requirements for Light Industrial Uses listed in Section 4.02.25 in addition to the below standards:

(A)

All processing activities and associated machinery or equipment not located inside an enclosed structure shall be screened from general or casual view by a six-foot solid wall.

(B)

All recycled materials stored outdoors, either before or after processing shall be screened from general or casual view by a six-foot solid wall.

(C)

Structures shall be set back 40 feet from all lot lines.

(D)

Truck parking areas shall be set back at least 50 feet from any property zoned or designated on the Future Land Use Map for residential use.

(E)

Truck parking areas shall be set back at least 20 feet from any property zoned or designated on the Future Land Use Map for commercial or industrial use.

All parking must be off-street See Section 5.09.00.

The following standards shall apply to all drive-through facilities, including but not limited to restaurants, banks, drug stores, car washes, and dry cleaners.

(A)

All vehicular stacking areas associated with drive through facilities shall be set back at least 30 feet from adjacent residential zoning/uses.

(B)

Drive through drive aisles shall be screened from adjacent residential zoning/uses by a six-foot solid fence and landscaping equal to 60% opacity on the outside of the fence.

(C)

On-site traffic circulation shall be designed in such a manner so that no cars are stacked on any rights-of-way, drive aisle or blocking any parking or loading space.

(D)

Each stacking lane shall have a minimum width of nine feet. Each stacking space shall have a minimum length of 19 feet.

(E)

All drive-through facilities shall provide a by-pass lane, or safe means of egress around drive-through lanes, unless waived by the Planning Director due to specific mitigating site or operational conditions.

(F)

One-way drive aisles which serve automobile-oriented uses may be reduced to eight feet in width when adequate access for emergency vehicles is provided to the principal entrance of the building by other drives and when not encroaching upon a fire lane or walkway.

This use shall conform to the General Requirements for Light Industrial Uses listed in Section 4.02.25 in addition to the below standards:

Storage area must be a minimum of 20 feet from any property line and 20 feet from any structure on-site and comply with National Fire Protection Association (NFPA) standards.

The following standards shall apply to the sale/repair of heavy equipment use:

(A)

Development Requirements.

(1)

Minimum lot size shall be five acres in the A-1-zoned district and two acres in the C-2-zoned district.

(2)

All new sites shall have frontage along a principal or minor arterial road; however, when adjacent to a collector or local road shall access the roadway of lesser classification as defined by the Hardee County Comprehensive Plan's Future Traffic Functional Classification Map.

(3)

Direct access to principal or minor arterial shall only be allowed with approval by the County Engineer and the Florida Department of Transportation.

(4)

All new sites accessing a collector or local roadway that is substandard due to pavement width shall increase the pavement width to 24 feet in both directions and equally on both sides of the road along the existing roadway right-of-way for a distance as specified by the County Engineer.

(5)

When abutting a residential district or use, all equipment display and/or storage shall be set back a minimum of 50 feet from the property line. However, this distance may be reduced with increased buffering and screening as determined by the Board of County Commissioners.

(6)

All vehicle/equipment repair structures shall be set back a minimum of 100 feet when abutting a residential district or use. However, this distance may be reduced with increased buffering and screening as determined by the Board of County Commissioners.

(B)

Design Requirements.

(1)

A six-foot fence must be constructed along the property line adjacent to a residential district or use in addition to the buffer yard required by Section 5.13.00. This fence may be constructed of wood, chain link with inserts, masonry, or metal. Specifications for the type of fences are as follows:

(a)

Wood fence. Privacy fence constructed of cypress, redwood or wood treated for outdoor exposure.

(b)

Chain link with inserts. Must be of non-corrosive construction; inserts must be maintained so that there are no breaks or gaps; inserts must be metal or plastic.

(c)

Masonry. Shall be constructed and maintained to present a clean, uniform appearance.

(d)

Metal. Shall be constructed and maintained to present a clean, uniform appearance with no rust and with no gaps showing.

(2)

Any security lighting provided shall be directed away from and not radiate on adjacent properties or any roadway.

(3)

All heavy machinery equipment repairs shall be conducted within an enclosed structure.

(4)

All facilities shall be maintained so as not to create environmental or health hazards that pose a threat to ground or surface water quality, air quality, wildlife, or humans. Used tires and worn out batteries may not be stored onsite and all fluids shall be drained from inoperable vehicles or equipment stored for parts or salvage purposes.

(5)

Equipment storage and display areas may be left unpaved provided they are surfaced and maintained to provide a durable, dust-free surface and provide adequate drainage facilities for disposal of all collected surface water. Surfacing materials may include, but are not limited to, pavement, granite gravel, or pervious paving materials as approved by the County Engineer. Paved drive aisles shall be provided for internal circulation from the parking areas to public or private roadways.

(A)

Site—Service Station. The minimum frontage on an Arterial or Collector road shall be 150 feet. The minimum area of service station development site shall be 15,000 square feet. Construction on-site of minimum area shall include no more than two service bays and two pump islands. One service bay and one pump island may be added for each additional 2,000 square feet.

Site—Truck Stop. Development site shall be at least two acres in size and shall have no less than 150 feet of frontage on an Arterial roadway. Mechanical work shall be limited to minor automotive repairs as defined in Article 14.

(B)

Service Area. Service areas shall be provided as follows:

(1)

Paving. The entire area of service station-sites not covered by structures and landscaping shall be paved; either concrete or asphaltic concrete shall be used for the paved area.

(2)

Curb. At the property line, face each street side of the service area which is not included in a driveway with a concrete vertical curb 6" wide by 13" deep with a top six inches above the finished pavement grade except where a transition is made to driveway.

(3)

Equipment. Pits, hoists, and all lubricating, washing, and repair equipment and workspace shall be enclosed within an approved sand and grease trap, drainfield, and dry well, in accordance with all State standards.

(4)

Off-Street Parking. The service area shall include no less than one employee parking space for each two employees, with a minimum of two employee parking spaces.

(5)

Truck Parking Areas—Truck Stop. Truck parking areas shall be set back at least 50 feet from any property zoned or designated on the Zoning Map for residential use.

(C)

Bulk Storage. Liquid petroleum fuels shall be stored in accordance with applicable State standards. No loading or unloading of freight shall be permitted on the site.

(D)

Structures. Structures shall conform to the following standards:

(1)

Building. The building shall be set back a minimum of 40 feet from street property lines. This distance shall be measured to vertical canopy supports if they are used, and the building vertical walls if vertical canopy supports are not used. The building shall be set back a minimum of 10 feet from interior property lines. A canopy overhead shall not project more than 10 feet from the canopy vertical supports.

(2)

Pump Islands. Pump islands shall be set back a minimum of 25 feet from any property line.

(3)

Exterior Lighting. Exterior lighting fixtures shall cast no glare beyond a property line.

(E)

Outdoor Display. Outdoor display shall be limited to the following:

(1)

Racks containing cans of lubricating oil may be displayed on each service island.

(2)

One rack or pedestal for the display of no more than one tire may be placed on each service island and along any side of the main entrance.

(3)

One stationary storage cabinet may be located no more than four feet from the wall of the main structure, excluding vending machines.

(4)

The display of standards, banners, flags, and any sign not specifically authorized by this Code is prohibited, except that one permit for the display of standards, banners, and flags for not more than 30 days may be issued to a newly constructed service station.

(5)

The service area shall drain into a catch basin on the site and thence to a storm sewer if a storm sewer is available. If no storm sewer passes the site, the drainage shall be in accordance with Section 5.11.00, Stormwater Management.

(F)

Shopping Centers. One service station may be constructed at a shopping center provided all other requirements of this Section are met.

(G)

Storage, Sale, and Rental of Vehicles and Trailers. The storage of vehicles and trailers shall be permitted only as incidental to the customary servicing of vehicles and trailers, except that one vehicle or trailer may be stored for each 200 square feet of land over 15,000 square feet of lot area. The sale of vehicles and trailers shall be prohibited. The rental of vehicles or trailers shall be permitted provided that an additional 200 square feet of lot area is provided for each rental vehicle and/or trailer.

Storage of vehicles that are used for parts or that are stored in connection with a wrecker or towing service have a maximum accumulation time of two months.

(A)

All facilities or disposal activities, including spray equipment and over-land flow areas, shall be set back no less than 100 feet from all lot lines.

(B)

Property shall be screened from outside view by vegetative buffer areas. See Section 5.13.00.

(C)

Facility shall meet all applicable standards of the State of Florida.

It is the purpose of these standards to provide minimum development guidelines for a shopping center of less than 250,000 square feet of gross leasable area (SFGLA). These provisions are intended to protect established or permitted uses in the vicinity of such a shopping center and to protect and promote the orderly growth and development of Hardee County.

(A)

Development Site Requirements.

(1)

Minimum Lot Size. An area not less than 50,000 square feet with a minimum frontage of 300 feet.

(2)

Setbacks.

(3)

Maximum Lot Coverage. No more than 30% of the development site shall be covered by structures.

(B)

Design Standards.

(1)

Lighting. All lighting shall be shielded to focus and direct lighting onto the uses established, and away from adjacent property, but of sufficient intensity to discourage vandalism and theft. See Section 3.14.00, Performance Standards, for applicable glare and lighting standards.

(2)

Fencing. Where a property line abuts and is contiguous to any residential land use classification, a fence no less than six feet in height, which shall be in addition to the buffer yard required by Section 5.13.00. This fence may be constructed of wood, chain link with inserts, masonry, or metal. Specifications for the type of fences are as follows:

(a)

Wood fence. Privacy fence constructed of cypress, redwood or wood treated for outdoor exposure.

(b)

Chain link with inserts. Must be of non-corrosive construction; inserts must be maintained so that there are no breaks or gaps; inserts must be metal or plastic.

(c)

Masonry. Shall be constructed and maintained to present a clean, uniform appearance

(d)

Metal. Shall be constructed and maintained to present a clean, uniform appearance with no rust and with no gaps showing.

(3)

Signs. See Article 6.

(4)

Landscaping. Landscaping shall be provided in all required setback areas according to the standards of Section 5.13.00.

(5)

Parking. See Section 5.09.00, Off-Street Parking Requirements.

(6)

Off-Street Loading. There shall be a minimum of one off-street loading space for each 25,000 SFGLA in the center.

(7)

Road Frontage. Road frontage must have direct access onto an Arterial or Collector Road.

(8)

Driveway. No driveway shall be closer than 60 feet to a Collector Road and 60 feet to an Arterial Road that adjoins at an intersection.

It is the purpose of these standards to provide minimum development guidelines for a shopping center of greater than 250,000 s.f. of gross leasable area (SFGLA). These provisions are intended to protect established or permitted uses in the vicinity of such a shopping center and to protect and promote the orderly growth and development of Hardee County.

(A)

Development Site Requirements.

(1)

Minimum Lot Size. An area not less than 550,000 square feet, with a minimum frontage of 1,000 feet.

(2)

Setbacks.

(3)

Maximum Lot Coverage. No more than 27% of the development site shall be covered by structures.

(B)

Design Requirements.

(1)

Lighting. All lights shall be shielded to focus and direct lighting onto the shopping center, and away from adjacent property, but may be of sufficient intensity to discourage vandalism and theft. Reference Section 5.12.00, Performance Standards, for applicable glare and lighting standards.

(2)

Fencing. Where a property line abuts and is contiguous to any residential land use classification, a six-foot solid face masonry wall, in addition to required buffer yards, shall be constructed along, or within 10 feet, of the property line.

(3)

Signs. See Article 6.

(4)

Landscaping. Canopy and buffer yards shall be provided in accordance with the standards of Section 5.13.00.

(5)

Parking. There shall be a minimum of 5.5 parking spaces per 1,000 SFGLA.

(6)

Off-Street Loading. There shall be a minimum of one off-street loading space for each 25,000 SFGLA in the center.

(A)

Adequate containment must be provided on the site in accordance with State and Federal Standards.

(B)

Disposal of by-products must be done on the site. Containment must be adequate to control all unpleasant odors from escaping the site.

(C)

Must be set back at least 100 feet from any property line; must not be located within 1,000 feet of a residence or residentially zoned area.

(A)

Generally. All solar equipment and devices shall comply with Florida law and shall be certified by the Florida Solar Energy Center. The regulations imposed herein are not intended to prohibit or have the effect of prohibiting the installation of energy devices based on renewable resources pursuant to F.S. § 163.3205.

(B)

Design Standards. The following provisions are intended to facilitate the commercial generation and distribution of solar power within the County. The Table of Uses, outlines the zoning districts where solar power generation facilities are allowed.

(1)

Types of Solar Panels. The solar panels shall be ground mounted and may be fixed mount or solar tracker.

(2)

Minimum lot size. The minimum lot size shall be 10 acres.

(3)

Placement. The devices that capture energy and convert it to electricity shall not be placed in wetlands, environmentally sensitive resources, or habitats, imperiled and critically imperiled habitats as defined by the Florida Natural Areas Inventory, and buffers.

(4)

Setbacks. All solar panels and related equipment shall be set back a minimum of 50 feet from all property lines and shall comply with all applicable right-of-way setbacks. On-site power lines and interconnections to electrical grids shall be placed underground where feasible. Transmission lines and supporting poles necessary to move electricity off-site are excluded from this requirement.

(5)

Height. The maximum height allowed for all equipment associated with the solar power generation facilities shall be limited to 15 feet in height, excluding transmission lines, supporting poles, and communication equipment. Solar panel height is measured when the panels are tilted to the design degree that creates the greatest overall height. All other structures shall conform with principal structure height requirements of the zoning district.

(6)

Fencing. Physical access to a solar power generation facility shall be restricted by fencing or walls. The security fence shall be a minimum height of six feet high and a maximum of eight feet high. When immediately adjacent to single and multi-family residential uses, community uses and commercial uses, opaque fencing shall be required. All fencing and wall details shall be shown on the site plan.

(7)

Impervious Surfaces and Landscaping. Solar panels associated with solar power generation facilities are considered pervious if configured to promote sheet flow of stormwater from panels and natural stormwater infiltration into the ground beneath the panels. The solar panels are not subject to lot coverage restrictions or canopy tree landscaping requirements. Solar power generation facilities must meet the buffering requirements of Section 3.07.04 of this code. However, walls, fences, and berms (or a contribution thereof) a minimum of six feet in height throughout the buffer may be installed to reduce the buffer width and planting requirements by 50%.

(8)

Glare Reduction. Where ground mounted solar panels face abutting residentially developed or zoned parcels or public roadways, the panels shall be made of glare reducing materials.

(9)

Emergency access and response. Reasonable accessibility for emergency service vehicles shall be provided and noted on the site plan. An emergency response plan including access routes, documents, schematics, and important contacts and other technical material must be submitted to the County.

(10)

Internal access roads. Internal access roads are not required to meet the street design standards of Section 5.02.02 but must provide sufficient capacity to serve emergency vehicles as established in the emergency response plan.

(11)

Maintenance. Solar panels and associated equipment shall be maintained in proper working order and shall not be allowed to enter a state of disrepair.

(12)

Abandonment. A solar power generation facility shall be considered abandoned after a one-year period without energy production. The property owner shall be responsible for removing all energy production and transmission equipment and appurtenances within 120 days of abandonment.

(13)

Utility Coordination. Prior to site plan approval, the applicant shall submit proof of notice to the utility company that operates the power grid where the solar power generation facility will be located of the intent to develop an interconnected power generation facility. Prior to site construction plan approval, the applicant shall submit proof of an executed interconnection agreement with the utility or other written proof of an agreement with the utility that construction can proceed.

All construction of townhouses is subject to the following conditions:

(A)

Approval. Townhouses shall be approved for a specific site only if:

(1)

The proposed site shall be adequately served by all private, public, or tie into existing utilities and adequate streets; and

(2)

The proposed site is of such size and proportions so as to be adaptable to townhouse development in accordance with the site development standards and requirements of this Section.

(B)

Site Development Standards.

(1)

Lot Area Requirements. Where townhouses are proposed for development upon existing platted lots or within a proposed subdivision of conventional lot and block design, the minimum area for townhouse development shall be that area comprising all lots within a block fronting upon a single street, provided that the minimum frontage area may be reduced to a minimum of 100 lineal feet.

Where townhouse development is proposed as a unit with common parking and open areas provided, the minimum gross site area shall be one acre.

(2)

Curved Frontage. Where a lot fronts on a cul-de-sac or other curved right-of-way, there shall be no less than 12 feet of frontage, as measured along the arc of the curve.

(3)

Individual Lot Requirements.

Exception: Front yard having a minimum depth of 20 feet shall have a rear yard with a minimum depth of 25 feet.

(4)

Density. No less than three dwelling units and no more than nine dwelling units shall be contiguous. No more than two contiguous units shall be built in a row with the same or approximately the same front line. No contiguous unit or series of units shall be more than 162 feet in length without provision for space between units.

(5)

Minimum Difference in Building Line Setback. The minimum difference in building line setback to provide variation shall be two feet.

(6)

Setback Between Buildings. No portion of a townhouse or accessory structure in or related to one group of contiguous townhouses shall be closer than 20 feet to any portion of a townhouse or accessory structure related to another group, or to any building outside the townhouse area. A side yard having a minimum width of 10 feet shall be provided adjacent to any public right-of-way, except that no structure may be located within 40 feet of the centerline of any public road.

(7)

Minimum Floor Area of a Unit. Five hundred square feet.

(8)

Maximum Building Height from Final Ground Level of Building. Thirty-Five feet.

(9)

Off-Street Parking Requirements. See Section 5.09.00, Off-Street Parking Requirements.

(10)

Common Areas. Townhouse development of 20 or more dwellings shall have common open areas suitably developed for recreation purposes, not including parking lots, equal to 300 square feet per dwelling. Said requirement shall apply whether or not actual construction and/or development is carried out by units or sections having less than 20 dwellings.

(11)

Accessory Structures. Clubhouse, laundry, swimming pool, hurricane shelter, convenience store (no gasoline sales), and other shared facilities for the common use of the residents of a development.

(C)

Private Garage or Carport. A private garage or carport may be free-standing; constructed as part of the main building; or, be attached to the main building by a covered passage. It must conform to the architectural style of the project.

(D)

Sign Advertising a Vacant Unit or Lot. No sign exceeding nine square feet in area shall be permitted.

(E)

Consistent Design Standards. No change may be made to the originally approved architectural style.

(A)

Facility shall be surrounded by a fence at least six feet in height to deter unauthorized entry. Barbed wire may be placed on top for safety.

(B)

All structures and/or equipment shall be set back not less than 15 feet from all property lines. Canopy and buffer yards shall be provided in accordance with the standards of Section 5.13.00 and a buffer yard "D".

4.02.49.01 Intent and Purpose

(A)

To provide a mechanism to promote a more efficient and effective method of regulating land spreading of domestic wastewater residuals, and industrial residuals, and to ensure protection of the public health, safety, and welfare.

(B)

To protect against the creation of a public nuisance through improper handling and disposal of domestic wastewater residuals and industrial residuals.

(C)

To ensure County control over the domestic wastewater residuals, and industrial residuals land application areas.

(D)

To ensure that proper pre-treatment of domestic wastewater residuals, and industrial residuals is occurring prior to land application, thereby protecting the land, water, and environment in general.

4.02.49.02 Adoption of State and Federal Rules by Reference

The following rules, as may be renumbered or re-designated from time to time, are hereby adopted by this reference as fully as if set forth herein as Hardee County's regulatory standards governing the application and disposal of residuals, and sludges except to the extent modified by this Section:

(A)

F.A.C. Chapter 62-640.

(B)

F.A.C. Chapter 62-660.

(C)

F.A.C. Chapter 62-6.

(D)

40 CFR, Part 503 Federal Regulation.

4.02.49.03 Definitions

(A)

Definitions shall be as set forth in Rules 62-640 and 62-660, F.A.C., 62-6, F.A.C., and 40 CFR, Part 503, Federal Regulations, or as adopted under this Section. To the extent of a conflict or inconsistency, the following shall prevail. References to the Department of Environmental Protection ("the Department") and the Secretary of the Department of Environmental Protection ("the Secretary") within Chapters 62-640 and 62-660, F.A.C., shall be construed to refer to the Hardee County Planning and Development Division. Specific definitions are included in Article 14.

4.02.49.04 Exemptions

The following shall be considered exempt from this Section:

(A)

Any transportation of domestic wastewater residuals only on the site of a wastewater treatment plant.

(B)

Any land spreading of domestic septage, chemical portable toilet sludge, holding tank sludge and food service sludge which is permitted by the Department of Environmental Protection under Rule 62-6.

(C)

Land spreading of vegetable waste for purposes of feeding livestock.

4.02.49.05 Prohibited Acts

(A)

The land spreading of residuals, or any solid wastes, except as provided herein.

(B)

The land spreading of residuals, or any materials whatsoever, that may be toxic or hazardous in nature, or which may include substances considered as hazardous waste, hazardous materials, or toxic waste.

(C)

The land spreading of residuals in areas used for food crops.

(D)

The land spreading of untreated, improperly treated, or unstabilized residuals inconsistent with an approved DEP permit, or residuals generated from a facility not permitted under Chapter 62-620, F.A.C.

(E)

The land spreading of residuals in areas other than improved pasture, or for any reason(s) other than agricultural enhancement or bona fide agricultural purposes.

(F)

The land spreading of residuals or materials in such a manner as to potentially create point source(s) or non-point source(s) of pollution.

(G)

The application of domestic wastewater residuals which do not meet at least Class B pathogen reduction requirements and vector attraction reduction requirements of 40 CFR, Part 503 or similar requirements of Chapter 62-640 F.A.C. may be applied.

(H)

Land spreading of wastewater residuals and septage shall be prohibited between the hours of 8:00 p.m. and 6:00 a.m., except for scheduled maintenance operations at a wastewater treatment plant (WWTP) or emergency conditions as determined by the WWTP owner or operator. Written notification by the Owner/Manager of a WWTP of the need to engage in land spreading activity during prohibited hours as a result of a scheduled maintenance event shall be provided to the Planning and Development Division 72 hours prior to the maintenance event. In the event of an emergency condition, verbal notification of the need to land spread during prohibited hours, shall be provided to the Planning and Development on the next working day, followed by written notice within 72 hours.

(I)

The co-mingling of domestic septage, chemical/portable toilet sludge, holding tank sludge, food service sludge, or domestic wastewater residuals together with hazardous wastes, industrial residuals, air treatment sludges or water treatment sludges, and land spreading such mixtures on land within Hardee County is prohibited.

(J)

No person may cause, allow, or permit the discharge of air pollutants that cause or contribute to an objectionable odor or a sanitary nuisance as a result of any operation by any person regulated by this Section.

4.02.49.06 Land Spreading Permit Required

(A)

Any person who intends to land spread domestic wastewater residuals for agricultural purposes, including, but not limited to, air treatment sludges and/or water treatment sludges, in Hardee County, shall first obtain a permit for such activity from the Planning and Development Division. Such permit may be revoked or denied for failure to comply with any of the requirements of this Section. Approval of a permit shall be contingent upon the applicant adequately providing the following minimum information. Hardee County shall not be responsible for any errors or omissions pertaining to the information provided:

(1)

Location map of the proposed land spreading site(s).

(2)

Most recent aerial photo available at a scale of 1" = 200', no more than five years old, of each or all land spreading sites, with overlay, or separate drawing/graphic, depicting and delineating spreading site(s), setbacks, and the locations and aerial extents of wetlands, wells, floodplain boundaries, hydric soils, roads, entrance points, signage, residences, and other features, as relevant.

(3)

Proof of permission from property owners, or their agent, to accept industrial or domestic wastewater residuals on the site and their signature on the application accepting the conditions set forth in this Section.

(4)

The results of a soil analysis of specific land spreading sites within the property, conducted by a County approved testing laboratory within six months prior to permit application. At a minimum, the analysis will adhere to the following: (a) an array of soil samples/cores the type, number, and locations of which to be determined by the County and the USDA-NRCS, and; (b) analysis of said samples for pH, lime requirement, Phosphorus, Potassium, Calcium, Magnesium, Copper, Zinc, Sodium, Boron, Molybdenum, Nitrate, Sulfate, and Iron, and any additional parameter which may be required to develop a conservation plan.

(5)

An approved USDA-NRCS Conservation Plan for the parcel of land to be permitted for land spreading of residuals. If the permittee is unable to obtain the required conservation plan from the NRCS with a reasonable time period, Hardee County may be petitioned for an extension in order to meet the plant requirements.

(6)

The permittee is required to submit a repeat soil analysis, as specified in subsection (4) above, on an annual basis to Hardee County and to the USDA-NRCS for monitoring of the total nutrient management plan for the project.

(7)

Best Management Practices (BMPs) are encouraged, to the extent that they are not inconsistent with the provisions herein.

(8)

Transport routes, points of ingress and egress to the spreading site, and an estimate of the number of daily truck trips to the land spreading site.

(9)

Classes of residuals to be land spread, the land spreading rates for each land spreading area.

(10)

Agriculture Use Plan, as required in Chapter 62-640, F.A.C.

(11)

A copy of the written request for modification of the wastewater treatment facility's current FDEP operation or construction permit.

(12)

The permanent location and address of the business where transporting/land spreading operations will originate and where equipment is stored when it is not in use.

(13)

Certification by the lead operator, licensed in the State of Florida, documenting the ability of each wastewater treatment plant to achieve the minimum residuals stabilization levels required by Chapter 62-640, F.A.C. and 40 CFR, Part 503.

(14)

Certification by the lead operator that the wastewater residuals have been properly treated and stabilized, according to Rule 62-640, F.A.C. and 40 CFR, Part 503.

(15)

Proof that required residuals sampling and analyses, as specified in Rule 62-640, F.A.C., are being performed during periods of representative waste stream flow into the wastewater treatment plant. Non-representative flows include extended low flow periods during the off-season and other similar situations.

(16)

A surety bond in the amount of one million U.S. dollars, payable to Hardee County, for the purpose of correcting any environmental damage or public health threat caused by the permit holder.

(17)

All vehicles used to transport and/or apply residuals in Hardee County must be registered with the Planning and Development Division. Additional vehicles must be registered within 30 days of purchase or use in the County.

(18)

The applicable permit fees and registration fees.

(19)

The proposed land spreading must comply with all zoning requirements of the Hardee County Unified Land Development Code.

(B)

The County permit number, along with the company name, address, and telephone number shall be prominently displayed on the tank portion of the service truck in three-inch tall or larger letters. The County permit number and the vehicle's identification number shall be located on both sides and rear of the vehicle. If the service truck is used for both residuals and septage/related waste hauling, the Department of Environmental Protection's truck identification number shall also become Hardee County permit number (if requested by the permittee). This identification signage must be permanently applied to the vehicle(s). Signage must be a contrasting color to the vehicle color.

(C)

The permit shall not be transferable.

(D)

All land spreading sites whether new or existing must comply with this Section.

(E)

The term for each permit issued shall be for one year. A permittee must submit an application for renewal at least 30 calendar days prior to the expiration of the valid permit. However, even in the event that this Section is repealed in whole or in part, any permit issued hereunder for bona fide agricultural uses shall remain in effect until the expiration of the term of the permit.

(F)

The applicant shall allow the Planning and Development Division or designated enforcement officer to inspect the proposed land spreading site(s) for compliance with all applicable rules and regulations prior to an initial permit becoming effective and at all times during the life of the permit. All discrepancies must be corrected prior to permit approval.

(G)

Whenever a permit applicant is denied an initial permit or permit renewal or permittee has had a valid permit revoked, the applicant may appeal to the Hardee County Board of County Commissioners. A written appeal must be filed with the Planning and Development Division within 30 days of denial of the permit. The applicant or permittee must set forth in the written appeal reasons why the permit should not have been denied or revoked.

(H)

Permit applicants requesting multi-application-area approvals: All proposed residuals application areas located on contiguously-owned property may be considered as one site for application purposes.

(I)

Completed forms as listed in Chapter 62-640, F.A.C., may be submitted as part of the required information to obtain a land spreading permit.

4.02.49.07 Permit Application Review and Issuance

Upon determination that a received application is complete, the Planning and Development Division shall have 60 working days to approve, approve with conditions, or deny the permit application. The Planning and Development Division shall have authority to impose specific conditions in a permit which are necessary to mitigate potential environmental impacts associated with the application activity.

Specific conditions may include, but are not limited to:

(A)

Setbacks exceeding the minimums as required in Section 4.02.471.09 of this Section.

(B)

Limitation of land application based on soil types, aquifer recharge potential, pollutant transport (migration) risks, historical groundwater table levels or fluctuations, or other potentially sensitive environmental factors.

(C)

Setbacks from residences where it has or can be proven to cause objectionable odors and/or nuisances injurious to health.

(D)

Limitations on types of agricultural practices.

(E)

Any other conditions determined to be reasonable and necessary by the Planning and Development Division.

4.02.49.08 Modifications to Permits

The permittee shall notify the Planning and Development Division, in writing, of any significant changes anticipated to operations in Hardee County prior to the fact, except for emergencies. The Planning and Development Division will then decide whether a permit modification will be required. A written notification of operational changes due to an emergency must be submitted to the Planning and Development Division immediately.

4.02.49.09 Land Spreading Site Requirements

(A)

Land spreading is permitted for necessary and bona fide agricultural purposes only.

(B)

Each permittee/property owner must endeavor to restrict access to the land spreading site(s) by the use of "No Trespassing" signs as required by this Section, suitable fencing or other effective means.

(C)

The maximum rate of application on any permitted site shall not exceed Hardee County's acceptable safe standards for approved land spreading applications as determined by the Board of County Commissioners.

(D)

All setback areas shall be vegetated with non-wetland vegetation, and not consists, in whole or in part, of bare ground.

(E)

Residuals shall be incorporated into the soil within 48 hours of application. Class B residuals must be incorporated within 24 hours. The stockpiling of residuals is prohibited. The testing of untreated residuals on a regular basis, the testing of soils prior to land spreading, and the regular testing of soils after treatment, shall be used to assist in monitoring compliance with the provisions of this Section, and to determine the appropriateness of the agricultural enhancement programs.

(F)

At access points on each road along the site perimeter, signs shall be posted stating:

"NO TRESPASSING - LAND SPREADING OF DOMESTIC WASTEWATER RESIDUALS/SEPTAGE".

The lettering on these signs shall be at least two inches high and of a contrasting color to the sign background.

(G)

A permittee may not land spread residuals within the following minimum setbacks:

*The 200' setback may be reduced to 100' if residuals are injected into soil or a conservation plan is provided pursuant to Chapter 62-640, F.A.C.

**The setback may be reduced to 300' with an approved written waiver granted by the County Manager/designee. Said waiver must contain letters of agreement for such reduction from affected property owners and said waiver shall be prepared in such a form as to be acceptable for recording in the public records of Hardee County, Florida.

***Setback may be waived by the County Manager/designee if property within 500' is similarly permitted or has received written permission to reduce setbacks from all of the property owners whose property is located within the 500' setbacks.
Where any conflict or conflicts in the application of required setbacks exist, the greater distance shall apply.

4.02.49.10 Vehicle Registration Requirements

All vehicles used to transport and/or apply residuals to land in Hardee County shall be registered with the Planning and Development Division.

4.02.49.11 Permit Fees

Permitting fees shall be established by resolution.

4.02.49.12 Reporting Requirements

(A)

Residuals transporters and applicators shall submit transporting/application records to the Planning and Development Division on a quarterly basis (due on April 15, July 15, October 15 and January 15 of each year), documenting the following:

(1)

Source, classification, and volume of residuals transported/land applied.

(2)

Date, time and place (site and speeding zones) of application, including dates of spreading and incorporation.

(3)

Transport routes within Hardee County.

(4)

Weather conditions at time of application.

(5)

Water table measurement below land surfaces, as determined by the use of monitoring wells or piezometers at representative locations on the site(s) unless the seasonal high water table can accurately be determined as greater than two feet below ground surface by use of the USDA Soil Survey of Hardee County Florida.

(6)

Truck identification and registration number.

(7)

Transporter's name.

(8)

Transporter's signature.

(9)

Method of incorporation.

(10)

Non-use of application site.

In addition, an annual summary of the total amount of residuals applied to each site and spreading zone shall be provided, with an annual update to the agricultural use plan, by the 1st of March for operations during the prior calendar year.

(B)

Incident Reporting. The following shall be required in the event of an incident involving the transporting, handling, or disposing of wastes regulated by this Section:

(1)

The transporter, applicator, or generator responsible for creating a defined incident situation, shall immediately report the fact to the Hardee County Emergency Management Department and Planning and Development Division and local Public Health Office. Incidents occurring after hours or on weekends shall be reported immediately to Hardee County Emergency Management Department.

(2)

An attempt shall be made to contain the spilled material and reduce the number of pathogenic organisms by application of lime or other suitable biocide to the spilled waste material.

(3)

Begin cleanup and removal of spilled waste material as soon as possible.

(4)

Submit a written report of the incident within seven working days to the Planning and Development Division. This report shall include the following minimum information:

(a)

The name and address of the responsible person(s).

(b)

Action taken to mitigate the incident.

(c)

The final disposal site for the waste material.

(d)

The cause of the incident.

(e)

Location of incident.

(f)

Location of all water supply wells within 100 feet of the incident site.

(g)

Agency name and name of person incident was reported to.

4.02.49.13 Monitoring and Inspection

Soil sample analysis shall be obtained from an independent testing agency by Hardee County, and reported and submitted in writing by the testing agency on a semi-annual basis to Hardee County Planning and Development Division while the permit is in effect and at termination of spreading operations. All soil sample analyses costs shall be borne by the permit-holder.

Land spreading residuals of AA classification are exempt from semi-annual site testing and termination site testing but are subject to random testing. The County shall have right of entry for purposes of ascertaining compliance with this Section, and the County shall have the right to perform any additional monitoring and testing for purposes of ascertaining compliance with this Section. All costs of additional monitoring, testing and inspections shall be borne by the permit-holder.

4.02.49.14 Forms

Standard forms utilized by the Florida Department of Environmental Protection, as amended, may be submitted when completed to satisfy certain requirements of this Section. Any information required by this Section that is not contained within such forms shall be submitted separately.

4.02.49.15 Enforcement and Penalties

The Code Enforcement Officer may issue a Notice of Violation per violation/incident and/or issue a Cease and Desist Order for:

* Any violation of this Section,

* An act of fraud,

* Misrepresentation with respect to the application or permit,

* Violation of conditions imposed pursuant to the permit for any site where work has commenced and a permit has not been obtained, but is required by applicable agency (ies), or other good cause.

The property owner and Lessee, if any, is responsible for monitoring the residual spreading for compliance with this Section.

Any person receiving such an order for cessation of operations shall immediately comply with the requirements thereof. It shall be a violation of this Section for any person to fail to or refuse to comply with a Cease and Desist Order issued and served under the provision of this Section.

Any person who is a recipient of a Cease and Desist Order and/or a Notice of Violation may appeal to the Special Master. A written appeal must be filed with the Planning and Development Division within 10 days of receipt of the Notice of Violation and/or Cease and Desist Order. The recipient must set forth in the written appeal reasons why the Cease and Desist Order and/or the Notice of Violation should be rescinded.

In the event of appeal by the alleged violator, the Special Master shall hold a quasi-judicial hearing at which it shall take evidence and witnesses. The alleged violator shall be given written notice of the hearing no less than 10 days prior to the hearing, and each side shall be given the right to be heard and to present evidence and witnesses. The Special Master, upon finding of violation may impose fines up to $25,000.00 per incident against the operator/spreader, which shall include any and all administrative costs associated with the incident, and up to $5,000.00 per incident for any property owner and lessee found not to have complied with its obligation hereunder.

In the event the alleged violator fails to pay such fine within 30 days of imposition thereof, upon recommendation of the Special Master, the Board of County Commissioners may revoke any permit issued under this Section and all spreading of residuals shall immediately cease.

4.02.49.16 Annual Review

By March 1 of each year, the Board of County Commissioners shall review the number of applications for sludge spreading permits submitted in the previous calendar year, the number of permits issued, the locations of spreading sites, and other material and relevant factors to determine whether an amendment, modification, or repeal of this Section in whole, or in part, is reasonably required for the protection and preservation of the health, safety and welfare of the citizens of Hardee County.

Special Exception approval is required in the A-1 zoning district for any septage treatment facility.

(A)

The site must be approved for septage by State of Florida Department of Environmental Protection; and

(B)

Setbacks. The Septage Treatment Facility Site shall meet the following minimum setbacks:

(C)

Topographic Grades. Land application topographic grades shall not exceed 2% unless a Florida-registered professional engineer has certified that all runoff will be contained. In no event may the topographic grade exceed 8%; and

(D)

Septage Treatment Facility is permitted on-site providing it has been permitted by State of Florida, Department of Health and Rehabilitative Services, as an approved septage stabilization process and meets the same setbacks requirements for land spreading of septage; and

(E)

Letter of Credit or Bond. An irrevocable letter of credit or bond in the amount of $10,000.00 from the owner of the Septage Treatment Facility shall be made payable to Hardee County, for the purposes of correcting any environmental damage or public health threat caused by the land application of septage. The irrevocable letter of credit or bond shall be for a period of one year and must be renewed each year that the State of Florida Department of Environmental Protection, re-permits the site. No Septage Treatment Facility can be used without such irrevocable letter of credit or bond. This provision shall not apply to any government agency.

Each tower shall be set back from all property lines a distance equal to its height. Alternatively, the tower shall be set back a distance equal to 50% of its height with certification by an engineer licensed in the State of Florida that the structure is designed to collapse within the boundaries of the property on which it is built. The tower shall meet all applicable standards of the FCC, the FAA, and any other relevant Federal or State agency.

(A)

Minimum lot size shall be two acres.

(B)

The terminal must be located on an Arterial or a Major Rural Collector road.

(C)

Truck parking areas shall be set back at least 50 feet from any property zoned or designated on the Zoning Map for residential use.

(D)

Truck parking areas shall be set back at least 20 feet from any property zoned or designated on the Zoning Map for commercial or industrial use.

(E)

Canopy and buffer yards shall be provided in accordance with the standards of Section 5.13.00 and a buffer yard "C".