4.1.1.

Establishment of districts. In order to classify, regulate, and restrict the use of land, buildings, and structures; to regulate the area of yards and open spaces about buildings; to regulate the intensity of land use, and to promote orderly growth within areas subject to these land development regulations, the following zoning districts are established:

4.1.2.

Official zoning atlas. The land areas subject to these land development regulations are hereby divided into zoning districts as set out in this article above and as shown on the official zoning atlas of the city. The official zoning atlas, which may consist of one or more maps, together with all explanatory material shown therein is hereby adopted by reference and declared to be part of these land development regulations. The official zoning atlas is and shall remain on file in the office of the land development regulation administrator. If, in accordance with the provisions of these land development regulations, changes are made in district boundaries or other subject matter portrayed on the official zoning atlas by the land development regulation administrator, such changes shall be made on the official zoning atlas promptly after the amendment has been adopted. All changes made on the official zoning atlas or matter shown thereon shall be in conformity with the procedures set forth in these land development regulations. The official zoning atlas, which shall be located in a designated place easily accessible to the public, shall be the final authority as to the current zoning status of land and water areas, as well as, buildings and other structures in areas subject to these land development regulations. Prior zoning atlases or remaining portions thereof, which have had the force and effect of official zoning maps or atlases for areas subject to these land development regulations, shall be retained as a public record and as a guide to the historical zoning of land and water areas.

4.1.3.

Rules for interpretation of district boundaries.

4.1.3.1.

District regulations extend to all portions of districts surrounded by boundaries. Except as otherwise specifically provided, district symbols or names shown within district boundaries on the official zoning atlas indicate that district regulations pertaining to the district extend throughout the entire area surrounded by the boundary line.

4.1.3.2.

Rules where uncertainty exists. Where uncertainty exists as to the boundaries of districts as shown on the official zoning atlas, the following rules shall apply:

1.

Centerlines. Boundaries shown as approximately following the centerlines of dedicated streets, highways, alleys, or rights-of-way shall be construed as following such centerlines as they exist on the ground, except where variation of actual location from mapped location would change the zoning status of a lot or parcel, in which case the boundary shall be interpreted in such a manner as to avoid changing the zoning status of any lot or parcel. In case of a street vacation, the boundary shall be construed as remaining in its location except where ownership of the vacated street is divided other than at its center, in which case the boundary shall be construed as moving with the ownership.

2.

Lot lines. Boundaries shown as approximately following lot lines or public property lines shall be construed as following such lines; provided, however, that where such boundaries are adjacent to a dedicated street, alley, highway, or right-of-way and the zoning status of the street, highway, alley, or right-of-way is not indicated, the boundaries shall be construed as running to the middle of the street, highway, alley, or right-of-way. In the event of street vacation, interpretation shall be as provided in (1) above.

3.

City. Boundaries shown as approximately following city limits shall be construed to follow such city limits.

4.

Railroad tracks. Boundaries shown as following railroad tracks shall be construed to be midway between the main tracks.

5.

Mean high water lines; centerlines of streams, canals, lakes, or other bodies of water. Boundaries indicated as following mean high water lines or centerlines of streams, canals, lakes, or other bodies of water shall be construed as following such mean high water lines or centerlines. In case of a change in mean high water line, or of the course or extent of bodies of water, the boundaries shall be construed to move with the change, except where such move would change the zoning status of a lot or parcel. In such case, the boundary shall be interpreted in a manner as to avoid changing the zoning status of any lot or parcel.

6.

Body of water. Boundaries shown as entering any body of water but not continuing to intersection with other zoning boundaries or with the limits of jurisdiction of the city shall be construed to continue in the direction in which they enter the body of water and intersection with another zoning boundary or with the limits of jurisdiction of the city.

7.

Boundaries parallel. Boundaries shown as parallel to or extensions of features indicated in (1) through (6) above shall be construed to be parallel to or extensions of such features.

8.

Measurement of district boundaries. Distances not specifically shown on the official zoning atlas shall be determined by the scale of the map showing the property in question.

4.1.3.3.

Cases not covered by section 4.1.3.2. In cases not covered by section 4.1.3.2 above, the land development regulation administrator shall interpret the official zoning atlas in accord with the intent and purpose of these land development regulations. Appeal from the interpretation of the land development regulation administrator shall be only to the board of adjustment in conformity with article 12 of these land development regulations.

4.1.4.

Schedule of district regulations. The restrictions and controls intended to regulate development in each zoning district are set forth in the schedule of district regulations within this article and are supplemented by section 4.2, supplementary district regulations and section 2.3, nonconformities.

4.1.5.

Application of district regulations. The regulations, set by these land development regulations, within each district shall be minimum or maximum limitations, as appropriate to the use, and shall apply uniformly to each class or kind of structure, use, land, or water. Except as hereinafter provided:

4.1.5.1.

Zoning affects use or occupancy. No structure, land, or water shall hereafter be used or occupied, and no structure or part thereof shall hereafter be erected, constructed, reconstructed, located, moved, or structurally altered except in conformity with the regulations specified in these land development regulations for the district in which it is located.

4.1.5.2.

Zoning affects height of structures, population density, lot coverage, yards, and open spaces. No structure shall hereafter be erected or altered:

1.

To exceed height, bulk, or floor area;

2.

To provide a greater number of dwelling units per acre;

3.

To provide less lot area per dwelling unit or to occupy a smaller lot; or

4.

To occupy a greater percentage of lot area; or to provide narrower or smaller yards, courts, or open spaces; or lesser separation between buildings or structures or portions of buildings or structures, than herein required; or in any other manner contrary to the provisions of these land development regulations.

4.1.5.3.

Multiple use of required space prohibited. No part of a required yard or other required open space, or off-street parking or off-street loading space, provided in connection with one structure or use shall be included as meeting the requirements for any other structure or use, except where specific provision is made in these land development regulations.

4.1.5.4.

Reduction of lot area prohibited. No lot or yard existing at the effective date of these land development regulations shall thereafter be reduced in dimension or area below the minimum requirements set forth herein, except by reason of a portion being acquired for public use in any manner such as dedication, condemnation or purchase. Lots or yards created after the effective date of these land development regulations shall meet at least the minimum requirements established by these land development regulations.

4.1.6.

Definitions of groupings of various districts. Where the phrases "all conservation districts," "conservation districts," "zoned conservation," "conservation zone," or phraseology of similar intent are used in these land development regulations, the phrases shall be construed to include the following district:

Where the phrases "all agricultural districts," "agricultural districts," "zoned agriculturally," "agricultural zone," "agricultural zoned," or phraseology of similar intent are used in these land development regulations, the phrases shall be construed to include the following district:

Where the phrases "one-family residential districts," "one-family residential district," "zoned for one-family residential purposes," or phraseology of similar intent are used in these land development regulations, the phrases shall be construed to include the following districts:

Where the phrases "all residential districts," "residential district," "zoned residentially," "residentially zoned," "zoned for residential purposes" or phraseology of similar intent are used in these land development regulations, the phrases shall be construed to include the following districts:

Where "residential/office districts," "residential/office district," "zoned for residential/office purposes," or phraseology of similar intent is used in these land development regulations, the phrases shall be construed to include the following district:

Where the phrases "commercial districts," "zoned commercially," "commercially zoned," "commercial zoning," or phrases of similar intent are used in these land development regulations, the phrases shall be construed to include the following districts:

Where the phrases "industrial districts," "zoned industrially," "industrially zoned," "industrial zoned," or phraseology of similar intent, are used in these land development regulations, the phrases shall be construed to include the following districts:

Where the phrases "planned unit development," "zoned for planned unit development" or phrases of similar intent are used in these land development regulations, the phrases shall be construed to include the following district:

4.2.1.

Scope. Provisions set forth in this section apply to all areas subject to these land development regulations, and all zoning districts therein, unless exceptions are specifically provided relating to one or more zoning districts, or except as otherwise provided in these land development regulations.

4.2.2.

Accessibility for the physically disabled or handicapped. The public interest, welfare, and safety requires that buildings and uses erected after the effective date of these land development regulations shall be accessible to the physically disabled and handicapped, in conformance with the Americans With Disabilities Act of 1990 (P.L. 101-336).

4.2.2.1.

Application. The requirements of section 4.2 shall apply to all levels and areas of buildings and uses, and to all types of uses, with the exceptions that one-family and two-family (duplex) dwellings are exempted from these requirements.

4.2.2.2.

Requirements for access to buildings and uses.

1.

Accessibility to buildings and uses shall be provided from rights-of-way and parking areas by means of a pathway leading to at least one entrance generally used by the public. Such pathway shall have been cleared of all obstructions related to construction activity, prior to the opening of the building to the general public. Where curbs exist along such pathway, as between a parking lot surface and a sidewalk surface, inclined curb approaches or curb cuts having a gradient of not more than one foot in 12 feet and a width of not less than four feet shall be provided for access by wheelchairs.

2.

Except as otherwise specified herein, required off-street parking areas shall have off-street parking space reserved for the physically handicapped. (see section 4.2.17.5, off-street parking: handicapped parking spaces, for the number, dimensions, and other requirements for handicapped parking spaces).

4.2.3.

Access control. In order to provide ease and convenience in ingress and egress to private property, but more importantly to provide the maximum safety with the least interference to the traffic flow on public streets, the number and location of curb breaks shall be regulated relative to the intensity or size of the property served and the amount of frontage which that property has on a given street. Further, for roadways which are part of the State of Florida highway system the number and location of curb breaks shall be in conformance with chapters 14-96 and 14-97, rules of the Florida Department of Transportation and the Departments Access Management Manual. Access for roadways, which are part of the Florida Intrastate Highway System, shall be as required by the Florida Department of Transportation's Access Management Manual for such intrastate highways.

Any driveway installation or improvement shall require a city permit and shall be constructed so as not to cause damage to the public road to which it connects, or interfere with or divert storm drainage, or create an unsafe traffic condition. A culvert shall be required and shall have sufficient diameter and length so that the flow line of the swale shall be maintained. All driveways shall be paved with concrete or another acceptable hard surface material from the edge of the pavement to the edge of the right-of-way provided the driveway opens to a paved street. Private driveways connecting to an unpaved street shall meet the swale and/or culvert requirements. Driveways are considered as remaining under private ownership where located within the public rights-of-way and as such it is the owner's responsibility to maintain the driveway and the underlying culverts in good and safe repair.

4.2.3.1.

Number and location of curb breaks. A curb break is a driveway or any other point of access or opening for vehicles onto a public street. The number and location of curb breaks shall be regulated as follows:

1.

One curb break shall be permitted for ingress and egress purposes to a single property or development.

2.

Two curb breaks entering on a particular street from a single property or development may be permitted if all other requirements of this section are met and if the minimum distance between the two curb breaks equals or exceeds 20 feet.

3.

Three curb breaks entering on a particular street from a single property or development may be permitted if all other requirements of this section are met and if the minimum distance between adjacent curb breaks equals or exceeds 100 feet.

4.

More than three curb breaks entering on a particular street will be permitted from a single property or development where the minimum distance between adjacent curb breaks equals or exceeds 1,000 feet.

4.2.3.2.

Width of curb break.

1.

The width of a curb break shall be within the minimum and maximum limits as specified below:

2.

All curb break widths shall be measured at the street right-of-way line.

3.

In no case shall a curb break width be less than 12 feet.

4.2.3.3.

Areas of limited street improvements.

1.

No curb break shall be constructed in the radius return (curved arc between intersecting street pavements) of an intersection.

2.

No curb break shall be constructed nearer than ten feet from the intersection of street right-of-way lines.

3.

No curb break shall be constructed nearer than five feet from any interior property line.

4.

To prevent vehicle overhang on private property in the vicinity of curb breaks, off-street parking areas, and off-street loading areas, a six inch raised curb and/or parking stops shall be constructed a minimum distance of three feet inside the street right-of-way line or property line.

5.

No curb break shall be permitted to include any public facility such as traffic signal standards, catchbasins, fire hydrants, utility poles, fire alarm supports, or other similar type structures.

4.2.3.4.

Permit. No curb break or driveway shall be established or altered without a permit issued by the land development regulation administrator before construction begins. The permit shall require the area of land lying between the edge of the paved roadway and the boundary line of the property to be paved. Applications for a permit shall be accompanied by a scaled drawing of the driveway with sufficient detail to describe or depict the construction methods and materials. The permit shall be posted at the construction site. Construction inspection by the land development regulation administrator shall be required to verify compliance with these regulations, including but not limited to the required paving and swale or culver elevations.

4.2.4.

Accessory uses and structures. Unless otherwise provided in these land development regulations, in all districts accessory uses and structures shall not be located in required front, side, or waterfront yards but may be located in rear yards not less than ten feet from the rear lot line; provided, however, [that] (1) that accessory structures for the housing of persons, such as guesthouses, shall not be located in any required yard, nor shall air conditioner compressor units be located in any required yard; (2) structures used for water related activities such as boat docks, boathouses, and similar uses may be located anywhere in a required waterfront yard; (3) fences walls and hedges to be located as provided within these land development regulations are permitted within the required yard; and (4) moveable structures, such as portable tool sheds, may be located within the required rear or side yard unless an easement is provided within said yard. No separate accessory building shall be located within five feet of any building.

4.2.5.

Alcoholic beverages. Indications in the schedule of district regulations that the sale of alcoholic beverages is permitted in any zoning district shall not in any way be deemed to limit, qualify, or repeal any other local regulations, including the provision of distance requirements for the location of an establishment which serves or sells alcoholic beverages from churches and schools, as required within the city's Code of Ordinances, or regulations of the State of Florida relating to the licensing, dispensing, or sale of such beverages or the location of alcoholic beverage establishments.

4.2.6.

Automotive service and self-service stations. The following regulations shall apply to the location, design, construction, operation, and maintenance of automotive service and self-service stations (with the exception that for automobile self-service stations where self service gasoline pumps in conjunction with retail and commercial outlets for sale of food, hardware and drugs, there shall be no outside sales of oil, grease, parts or accessories for automobiles and no service except for self-service water, air or carwash).

4.2.6.1.

Lot dimensions and area. An automotive service station lot shall be of adequate width and depth to meet all setback requirements, but in no case shall a corner lot have less than 150 feet of frontage on each street side, and an interior lot shall have a minimum width of at least 150 feet. A corner lot shall have a minimum area of not less than 20,000 square feet and an interior lot a minimum area of not less than 15,000 square feet.

4.2.6.2.

Lighting. All lights and lighting for an automotive service station shall be so designed and arranged that no source of light shall be visible from any residential district.

4.2.6.3.

Location of pumps and structures. No main or accessory building, no sign of any type, and no gasoline pump shall be located within 25 feet of the lot line of any property that is zoned for residential purposes. No gasoline pump shall be located within 15 feet of any street right-of-way line; where a greater street setback line has been established, no gasoline pump shall be located within 15 feet of such setback line.

4.2.6.4.

Curb breaks. A curb break is a driveway or any other point of access or opening for vehicles onto a public street. The number of curb breaks for each automotive service station shall not exceed two for each 150 feet of street frontage, each break having a width of no more than 30 feet exclusive of transitions and located not closer than 15 feet of right-of-way lines of any intersection. Curb breaks shall not be closer than 15 feet to any other property line. There shall be a minimum distance of 20 feet between curb breaks.

4.2.6.5.

Trash storage. Adequate, enclosed trash storage facilities shall be provided on the site.

4.2.7.

Erection of more than one principal structure on a platted lot. Whenever any land is subdivided, a building permit for the construction of a building or other principal structure (excluding commercial buildings under common ownership or unified control) shall not be issued for any such structure on less than a lot as platted within such subdivided land.

4.2.8.

Future land use plan amendment for public buildings and facilities. Public buildings and facilities, which do not meet the definition of "essential services" as stated in article 14 of these land development regulations, shall require an amendment to the future land use plan map of the city's comprehensive plan to "public land use," prior to consideration for approval as a special exception. Upon amendment to the city's comprehensive plan public schools shall not require an amendment to the future land use plan map prior to commencement of construction of public schools. Although, the location of such public schools shall be restricted to those zoning districts which permit such uses. A site plan conforming to the provisions of these land development regulations shall be submitted prior to commencement of construction for a public school in accordance with the procedures described in these land development regulations. The overall layout and site design of the school shall conform with the provisions of these land development regulations.

4.2.9.

Exclusions from height limitations. The height limitations contained in the schedule of district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, elevator shaft enclosures, airport control towers, observation towers, or other appurtenances usually required to be placed above the roof level and, excepting airport control towers and observation towers, not intended for human occupancy; however, the heights of these structures or appurtenances thereto shall not exceed any height limitations prescribed by the Federal Aviation Agency or airport zoning regulations within the flight-approach zone of airports.

4.2.10.

Fences, walls, and hedges. Notwithstanding other provisions of these land development regulations, fences, walls, and hedges may be permitted in any required yard or along the edge of any yard; provided that no solid fence, solid wall, or hedge located within the required front yard shall constitute an obstruction to visibility between 2½ and six feet above the centerline grade of the adjacent street.

4.2.11.

Landscaped buffer areas. The use of properly planted and maintained buffer areas may reduce and ease potential incompatibility between or among different uses of land in proximity to each other.

4.2.11.1.

Requirements. Where these land development regulations require a landscaped buffer area, the following requirements shall be met:

1.

The landscaped buffer area width shall be measured at right angles to property lines and shall be established along the entire length of and contiguous to the designated property line or lines.

2.

The area shall be so designed, planted, and maintained as to be 80 percent or more opaque between two and six feet above average ground level when viewed horizontally; provided, however, that plantings located in the required front yard shall not exceed 2½ feet in height.

3.

Types and numbers of plantings for landscaped buffers shall be submitted with application for building permit. No building permit shall be issued without such data, where these land development regulations require a landscaped buffer area or areas.

4.

Plantings shall be of a size and type which will ensure the meeting of the 80 percent opacity requirement within no longer than 30 months of the date of first planting. Where questions may arise as to the suitability of proposed plant materials to meet this requirement, final determination of suitability shall be made by the land development regulation administrator.

5.

The remainder of the required landscaped buffer area not covered by planting shall be landscaped with grass, ground cover, or other landscape treatment; except as otherwise provided herein, structures including buildings and off-street parking and loading areas shall not be located in any required landscaped buffer area.

6.

The landscaped buffer area shall be maintained by the property owner and successors and continued so long as the main use continues. Failure to maintain the landscaped buffer area as set out above shall be a violation of these land development regulations.

4.2.11.2.

Substitution for landscaped buffer area. Except when otherwise specifically provided by these land development regulations, a six-foot high masonry or wood opaque structure may be substituted for the six-foot high planted buffer within these supplementary regulations; provided, however, that where the masonry or wood opaque structure is located in the required front yard, it shall not exceed 2½ feet in height.

4.2.11.3.

Waiver by land development regulation administrator. When the land development regulation administrator finds that the public safety requires, he or she may waive or modify the buffer requirements set out in section 4.2 at street and alley frontages adjacent to any entrance; the finding of the land development regulation administrator shall be in writing and shall be filed with the approved building permit. The finding shall demonstrate that the buffer is not required for a certain number of feet back from the street or alley entrance in order to afford protection to pedestrian or vehicular traffic entering or leaving the lot on which the landscaped buffer area is required by these land development regulations.

4.2.11.4.

Waiver by board of adjustment. Where by the terms of these land development regulations a nonresidential use is required to provide a landscaped buffer along a property line which is contiguous to another nonresidential use, the board of adjustment may waive the landscaped buffer requirements if evidence is presented to the board that the buffer will serve no useful purpose. Such evidence shall be heard in the same manner as a request for other variances, and adjoining property owners must be notified in writing of the board of adjustment meeting when the request will be heard.

4.2.11.5.

Application where these land development regulations set out different requirements. In those instances where these land development regulations set out a different buffering requirement (e.g., greater height of landscaped buffer, or a different type of buffer), then the specific provisions of these land development regulations applicable to the particular type of use shall govern.

4.2.12.

Minimum living area. No one-family, two-family, or multiple-family dwelling shall be erected with less than 450 square feet of floor area devoted to living space per dwelling unit, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. The board of adjustment may waive the minimum living area requirements if evidence is presented to the board of adjustment that such a waiver will not adversely affect the public interest or the character of the surrounding neighborhood. Such evidence shall be heard in the same manner as other variances, and adjoining property owners must be notified in writing of the board of adjustment meeting when the request will be heard.

4.2.13.

Mobile home; replacement of existing mobile homes. For the purposes of these land development regulations, the phrase "existing mobile homes" shall mean mobile homes which existed as of the effective date of adoption or amendment of these land development regulations. In those districts which do not permit the erection of new mobile homes but do permit existing mobile homes as a principal use, such existing mobile homes may be removed and replaced by another mobile home, provided:

1.

That a period of not greater than six consecutive months elapses between the removal of one mobile home and the erection of another mobile home; and

2.

Where a mobile home is removed and is not replaced for a period greater than six consecutive months for any reason (except where governmental action impedes access to the premises), such mobile home shall not be replaced and any subsequent use shall conform to the regulations for the district in which the use is located.

4.2.14.

Moving of buildings and structures. No building or structure shall be moved from one lot to another lot, or moved to another location on the same lot, unless such building or structure shall thereafter conform to all of the applicable provisions of these land development regulations and to all other regulations and ordinances of the city.

4.2.15.

Off-street parking and loading. It is the intent of these land development regulations that the public interest, welfare, and safety requires that buildings and uses erected after the effective date of these land development regulations shall be provided with adequate off-street parking facilities (including in certain specified cases, off-street parking facilities for the handicapped) for the use of occupants, employees, visitors, customers, or patrons. It is also the intent of these land development regulations that the public interest, welfare, and safety require that certain uses provided adequate off-street loading facilities. Such off-street parking and off-street loading facilities shall be maintained and continued so long as the main use continues. (For definitions of "loading space, off-street," "parking space, handicapped," and "parking space, off-street," see definitions, section 2.1).

4.2.15.1.

Off-street parking and off-street loading; general.

1.

Off-street parking and loading facilities shall be provided as set out in these land development regulations. Conforming buildings and uses existing as of the effective date of these land development regulations may be modernized, altered, or repaired without providing additional off-street parking or off-street loading facilities, providing there is no increase in floor area or capacity.

2.

Where a conforming building or use existed as of the effective date of these land development regulations and such building or use is enlarged in floor area, volume, capacity, or space occupied, off-street parking and off-street loading as specified in these land development regulations shall be provided for the additional floor area, volume, capacity, or space so created or used.

3.

Change in use of a building or use existing as of the effective date of these land development regulations shall require additional off-street parking and/or off-street loading facilities to the extent that the use shall provide additional parking spaces and/or off-street loading facilities amounting to the difference between the required number of parking spaces and/or off-street loading facilities for the new use and the required number of parking spaces for the previous use.

4.

The design, construction, and arrangement regulations herein set out for off-street parking and off-street loading facilities do not apply to one and two family (duplex) dwellings.

5.

Required off-street parking areas shall not be used for sales or display, dead storage, repair, dismantling, or servicing of any type or kind, nor shall areas devoted to such activities count as meeting off-street parking requirements.

6.

Unless otherwise specified and subject to meeting required landscaped buffer requirements, all required yards may be used for off-street parking.

4.2.15.2.

Off-street parking and off-street loading facilities; identification, surfacing, drainage, lighting, access. The required off-street parking and off-street loading facilities shall be:

1.

Identified as to purpose and location when not clearly evident.

2.

Unless as provided below, all off-street parking shall be surfaced with one inch of Type S asphaltic concrete surface course, as described in the current Florida Department of Transportation, Standard Specifications for Road and Bridge Construction, or the equivalent as approved as meeting standards established by the city commission and maintained in a smooth, well-graded condition.

a.

Driveways, access aisles and parking spaces for permitted uses generating less than 200 trips per day may be surfaced with mulch or gravel in lieu of an asphaltic concrete surface.

b.

Driveways, access aisles and parking spaces for churches and other houses of worship and school offering academic courses may be surfaced with grass or lawn.

3.

Drained so as not to cause any nuisance on adjacent property.

4.

So lighted as to prevent glare or excessive light on adjacent property.

5.

Arranged for convenient access and safety of pedestrians and vehicles.

6.

Designed to conform to curb break requirements (see section 4.2.3).

7.

So arranged that no vehicle shall be required to back from such facilities directly onto public streets.

8.

Designed to provide curbs or motor vehicle stops or similar devices so as to prevent vehicles from overhanging on or into public right-of-way or adjacent property.

9.

Required off-street parking areas for three or more automobiles shall be designed, maintained, and regulated so that no parking or maneuvering incidental to parking shall be on a public street or walk, and so that an automobile may be parked and unparked without moving another automobile.

4.2.15.3.

Off-street parking; location. The required off-street parking facilities shall be located on the same lot or parcel of land they are intended to serve; provided, however, that the board of adjustment may allow the establishment of such off-street parking facilities within 300 feet of the premises they are intended to serve when: (1) practical difficulties prevent the placing of the facilities on the same lot as the premises they are designed to serve; (2) the owner of the said parking area shall enter into a written agreement with the city with enforcement running to the city providing that the land comprising the parking area shall never be disposed of except in conjunction with the sale of the building which the parking area serves so long as the facilities are required; and (3) the owner agrees to bear the expense of recording the agreement and agrees that the agreement shall be voided by the city if other off-street facilities are provided in accord with these land development regulations.

4.2.15.4.

Off-street parking; dimensional standards. Each off-street parking space, with the exception of handicapped parking spaces, shall be a minimum of nine feet by 20 feet in size. Minimum aisle width shall be as follows:

For purposes of rough computation, an off-street parking space and necessary access and maneuvering room may be estimated at 300 square feet. However, off-street parking requirements will be considered to be met only where actual spaces meeting the requirements above are provided and maintained, improved in the manner required by these land development regulations, and in accordance with all ordinances and regulations of the city.

4.2.15.5.

Off-street parking; handicapped parking spaces. Except as otherwise specified herein, required off-street parking areas shall have a number of level parking spaces, as set forth in the following table, identified by abovegrade signs as being reserved for physically handicapped persons. Each parking space so reserved shall be not less than 12 feet in width and 20 feet in length.

Parking Spaces for Handicapped

Parking spaces for the physically handicapped shall be located as close as possible to elevators, ramps, walkways, and entrances. These parking spaces should be located so that physically handicapped persons are not compelled to wheel or walk behind parked cars to reach entrances, ramps, walkways, and elevators. (See section 4.2.2 for additional provisions regarding accessibility for physically handicapped persons.)

4.2.15.6.

Off-street parking; plans required. A plan shall be submitted with every application for a building permit for any building or use that is required to provide off-street parking. The plan shall accurately designate the required parking spaces, access aisles, and driveways, and the relation of the off-street parking facilities to the uses or structures such facilities are designed to serve.

4.2.15.7.

Off-street parking; combined off-street parking. Two or more owners or operators of buildings or uses requiring off-street parking facilities may make collective provision for such facilities, provided that the total of such parking spaces when combined or used together shall not be less than the sum of the requirements computed separately. Any arrangement for combined off-street parking shall be subject to the filing of a legal instrument satisfactory to the city attorney ensuring that such off-street parking will be maintained in the future so long as a use or uses requiring such off-street parking continue. No part of an off-street parking area required for any building or use shall be included as a part of an off-street parking area similarly required for another building or use unless the board of adjustment shall find that the type of use indicates that the period of usage will not overlap or be concurrent with each other.

4.2.15.8.

Off-street parking; fractional measurements. When units or measurements determining number of required off-street parking spaces result in requirement of a fractional space, then such fraction equal or greater than ½ shall require a full off-street parking space.

4.2.15.9.

Off-street parking; minimum requirement. Irrespective of any other requirement of these land development regulations, each and every separate individual store, office, or other business shall be provided with at least one off-street parking space, unless specific provision to the contrary is made herein.

4.2.15.10.

Off-street parking; landscaping requirements. Wherever in any zoning district off-street parking facilities are provided, such off-street parking facilities shall conform to the minimum landscaping requirements set forth in this section, except that one-family and two-family (duplex) residential dwellings and multilevel parking structures shall be exempt from such requirements.

1.

Except as otherwise noted herein, a minimum of ten percent of any off-street parking area shall be landscaped with grass, plants, shrubs, and/or trees. Required landscaping may, in part, be located around the periphery of the off-street parking area; however, where possible a portion of the required landscaping shall also be located within the interior of the off-street parking area and shall be located in such a manner as to divide and break up the expanse of paving and guide traffic flow and direction.

2.

Each separate landscaped area shall contain a minimum of 50 square feet and shall have a minimum dimension of at least three feet, and shall include at least one tree, with the remaining area adequately landscaped with shrubs, ground cover, or other landscaping material.

3.

The total number of trees shall not be less than one for each 200 square feet or fraction thereof of required landscaping. Trees shall be a minimum of four feet overall height immediately after planting. Trees shall not be planted closer than six feet to any public street or other public works, unless the tree root system is completely contained within a barrier for which the minimum interior dimensions shall be five feet square and five feet deep, and for which the construction requirements shall be four-inch thick concrete reinforced with # 6 road mesh (6 × 6 × 6) or equivalent.

4.

Required landscaped areas shall be maintained by the property owner and continued so long as the main use continues. Failure to maintain required landscaped area shall be a violation of these land development regulations.

5.

See also section 4.2.3, visibility at intersections and curb breaks.

4.2.15.11.

Off-street loading; specifications, amounts. Off-street loading facilities are required by these land development regulations so that vehicles engaged in unloading will not encroach on or interfere with public use of streets and alleys by pedestrians and so that goods, materials, or things for delivery and shipping. Off-street loading facilities supplied to meet the needs of one use may not be considered as meeting the needs of another use. Off-street parking facilities may not be used or counted as meeting off-street loading requirements. When the use of a structure or land or any part thereof is changed to a use requiring off-street loading facilities, the full amount of off-street loading space required shall be supplied and maintained. When any structure is enlarged or any use extended so that the size of the resulting occupancy requires off-street loading space, the full amount of such space shall be supplied and maintained for the structure or use in its enlarged or extended size. Each off-street loading space shall be directly accessible from a street or alley without crossing or entering any other required off-street loading space. Such loading space shall be arranged for convenient and safe ingress and egress by motor truck and/or trailer combination.

4.2.15.12.

Off-street loading; dimensional standards. Each off-street loading space shall have clear horizontal dimensions of 12 feet by 30 feet exclusive of platforms and piers and a clear vertical dimension of 14 feet.

4.2.15.13.

Off-street loading; plans required. A plan shall be submitted with every application for a building permit for any use or structure required to provide off-street loading facilities. The plan shall accurately designate the required off-street loading spaces, access thereto, dimensions, and clearance.

4.2.15.14.

Off-street loading; combined off-street loading. Collective, joint, or combined provisions for off-street loading facilities for two or more buildings or uses may be made, provided that such off-street loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are designed, located, and arranged to be usable thereby. Any arrangement for combined off-street loading shall be subject to the filing of a legal instrument satisfactory to the city attorney ensuring that such off-street loading will be maintained in the future so long as a use or uses requiring such off-street loading continue.

4.2.15.15.

Off-street loading requirements. Off-street loading spaces shall be provided and maintained as follows:

1.

Each retail commercial store, service establishment, storage warehouse, wholesale establishment, research or industrial plant, factory, freight terminal, restaurant, dry cleaning and laundry package plant, funeral home, or similar use which has an aggregate floor area of:

Plus one additional off-street loading space for each additional 90,000 square feet over 290,000 square feet or major fraction thereof.

2.

For each multiple dwelling unit having at least 20 dwelling units but not over 50 dwelling units: two spaces. For each multiple dwelling unit having over 50 dwelling units: two spaces, plus two spaces for each additional 50 dwelling units, or major fraction thereof.

3.

For each auditorium, convention hall, exhibition hall, museum, motel, hotel, bank or financial institution, office building, sports arena, stadium, hospital, or similar use which has an aggregate floor area of: Over 10,000 square feet but not over 40,000 square feet: one space; plus for each additional 60,000 square feet over 40,000 square feet or major fraction thereof: one space.

4.

For any use not specifically mentioned, the requirements for off-street loading facilities for a use which is so mentioned and to which the unmentioned use is similar shall apply.

4.2.16.

Parking, storage, or use of major recreational equipment. Major recreational equipment is hereby defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, houseboats, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a lot in a residential district, or in any other location not approved for such use, except as provided herein. In residential districts, major recreational equipment may be parked or stored in a rear or side yard, but not in a required front yard; provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed seven days during loading and unloading or temporary use.

4.2.17.

Parking and storage of certain vehicles. The parking or storage of nonoperating motor vehicles shall be as provided within Ordinance No. 92-1 of the City of Hawthorne.

4.2.18.

Performance standards. All uses and activities permitted in any district within these land development regulations shall conform to the standards of performance described below:

4.2.18.1.

Fire and explosion hazards. In any zoning district, all uses shall comply with applicable standards set forth in the rules and regulations of the state fire marshal.

4.2.18.2.

Smoke, dust, dirt, visible emissions, and open burning. Regulations controlling smoke, dust, dirt, or visible emissions shall be the same as those contained in F.A.C. ch. 17-2, as amended. Regulations controlling open burning shall be the same as those contained in F.A.C. ch. 17-5, as amended.

4.2.18.3.

Fumes, vapors, and gases. Regulations controlling the emission of any fumes, vapors, or gases of a noxious, toxic, or corrosive nature shall be the same as those contained in F.A.C. ch. 17-2, as amended.

4.2.18.4.

Heat, cold, dampness, or movement of air. Activities which may produce any adverse effect on the temperature, motion, or humidity of the atmosphere beyond the lot line shall not be permitted, with the exception that in the I industrial district, this standard shall be applied at the boundaries of the I district and not at the lot lines of the individual properties located within the I district.

4.2.18.5.

Noise. The permitted level of noise or sound emission at the property line of the lot on which the principal use is located shall not at any time exceed the sound levels at section 28.5(4) in this Code.

4.2.18.6.

Odor. Regulations controlling the emission of objectional odorous gases or other odorous matter, except those associated with normal agricultural practices, shall be the same as those contained in F.A.C. ch. 17-2, as amended.

4.2.18.7.

Glare. There shall be no direct glare visible from any residential district caused by unshielded floodlights or other sources of high intensity lighting.

4.2.19.

Railroad right-of-way. Existing railroad right-of-way, but not including switching, freight, or storage yards and railroad buildings or maintenance structures, is a permitted use in all zone districts. Switching, freight, or storage yards and railroad buildings or maintenance structures are permitted only where expressly allowed by these land development regulations.

4.2.20.

Signs.

4.2.20.1.

Purpose and intent.The purpose and intent of the sign regulations is to:

• Promote and protect the public safety, welfare and health;

• Promote a positive and desirable aesthetic character of the city;

• Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for attention of pedestrians and vehicular traffic;

• Protect property values;

• Enhance the attractiveness and economic well-being and development of the city;

• Encourage signs that are consistent with the type of use to which they pertain and that are compatible with their surroundings;

• Prevent sign overload and excessively large signs which create visual chaos;

• Provide vehicular and pedestrian safety;

• Enable the effective and efficient identification of places of business by promoting signs utilizing clear, crisp lettering and bold, uncomplicated symbols; and

• Curtail the size and number of signs and sign messages to the minimum that are reasonably necessary to identify residential or business locations and the nature of any such business. It is hereby determined that the purpose of signs located on commercial sites is to identify businesses and not to advertise.

4.2.20.2.

Definitions.

Advertising flag. Any sign with or without characters, letters, illustrations, logos or ornamentations, which is applied to cloth, paper, plastic or fabric of any kind with only such material for a backing designed for or having the effect of attracting attention, promotion or advertising. Advertising flags are prohibited within the city.

Animated sign. A sign of which all or any part thereof revolves or moves in any fashion whatsoever; and any sign which contains or uses for illumination, any light, lights or lighting device or devices which change color, flash or alternate, show movement or motion, or change the appearance of said sign or any part thereof automatically; except that a sign depicting time and/or temperature shall not be considered to be an animated sign.

Attached sign. Any sign painted on, or attached to, or erected parallel to the face of, or erected and confined within the limits of, the outside wall of any building, or attached to the surface of canopies, windows or parapets and which displays only one advertising surface.

Banner sign. Any sign, with or without frames, having characters, letters, illustrations, or ornamentations applied to a narrow strip of cloth, paper, plastic or fabric of any kind, such as foil.

Beacon light. Any light with one or more beams, capable of being directed in any direction or directions, or capable of being revolved automatically, or having any part thereof capable of being revolved automatically.

Bench sign. Any sign painted on or affixed to a bench or to a public transportation shelter.

Billboard. Any outdoor advertising sign erected and maintained by an advertising business or service, upon which advertising matter may be displayed and which generally advertise firms and organizations that, along with their goods and services, are not located on the same premises as the sign; and whose surface is sold, rented, or leased for the display of advertising material.

Canopy sign. A sign constructed on a cloth or canvas structure which is supported by a metal or rigid framework attached to and extending from an exterior wall or any other portion of a building utilized as protection from the rain or sun.

Changeable copy sign. A sign on which a copy is changed manually such as readerboards with changeable letters or pictorials or an electrically controlled sign where different copy changes are shown on the same unexposed lampbank used for time and temperature or as an electronic message center or readerboard.

Construction sign. A temporary sign announcing and identifying the construction project scheduled or underway on the site where the sign is located or a sign identifying the contractor, architect, engineer or financier of the project.

Directional sign. Any sign used to indicate the direction to entrances, exits, parking areas, restrooms, or other non-business-related facilities on the site on which the sign is located and which bears no commercial message or logo.

Directory sign. A sign which gives the names of the businesses or individuals located in the building or complex where it is located.

Double-faced sign. A sign with two faces which are no more than 12 inches apart at their closest point, and which describe an internal angle between face planes extended no more than 30 degrees.

Electronic message center. A sign on which the copy/advertising changes automatically on a lampbank or through mechanical means.

Facade. Exterior front or face of the building, the appearance presented to the world.

Fence sign. Any sign attached to a fence or masonry wall utilized as a fence.

Flag. A piece of lightweight, flexible material such as cloth or plastic with one side attached to a pole and the other end flying freely, which depicts the name, emblem or symbol of a nation, state, city, or of a bona fide civic, charitable, fraternal, religious or welfare organization, and not including the names, logos or slogans of commercial goods or services or flags that are reasonably likely to attract attention to a premises.

Flashing sign. A sign which contains an intermittent, scintillating, blinking or traveling light source which includes signs that give the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source.

Gutter sign. A sign affixed to a gutter.

Height of sign. The distance between the top of a sign and the average grade elevation, directly below it. Berms or other unnatural elevations cannot be used to increase the height of sign.

Identification sign. A sign that indicates the name and type of business or service, or the name of the development located on the site where the sign is located; including street address and graphic of business logo.

Illegal sign. A sign not legally permitted prior to or after the adoption of this sign code.

Illuminated sign. A sign that uses artificial light, either internal or external to the sign faces, to draw attention to the sign or otherwise increase its visibility.

Inflatable sign. Any sign that is inflated or supported by wind, air, or pneumatic noncombustible pressure, with or without copy, that serves to draw attention of a site.

Instructional sign. A sign conveying non-advertising information relating to the use of the premises, including such signs as "no parking," "no trespassing" and warning signs, provided the sign bears no advertising or logo.

Internally illuminated sign. A sign that uses artificial light from behind the sign face to increase its visibility.

Membership sign. A sign identifying affiliation with a travel club, business association, credit card company, or professional association.

Memorial sign. A permanent sign, plaque, inscription or similar group of symbols recording historical data relating to the construction of the building to which it is affixed.

Mobile sign. A sign mounted on a vehicle or trailer frame and capable of being driven or towed over the road, and whose sole purpose is the display of a commercial message. This definition does not apply to signs on vehicles used for legitimate commercial purposes.

Monument sign. A ground-mounted sign with vertical structural supports concealed in an enclosed base with a width equal to at least two-thirds of the horizontal width of the sign surface and with a base finished with a decorative material.

Nonconforming sign. A sign legally permitted in the city before the adoption of this sign code that does not conform to the requirements of this sign code. A sign not legally permitted prior to the adoption of this sign code shall not be considered an illegal sign.

Off-premises sign. A sign, either attached to a building or other structure located on real property, which is not appurtenant to the use of the real property where the sign is located or which does not advertise a service offered at the location where the sign is placed or which does not identify a business located where the sign is placed as a purveyor of the merchandise or services advertised on the sign. The term "off-premises sign" includes, but is not limited to, signs commonly known as billboards.

On-site sign. A sign that identifies or advertises only goods, services, facilities, events or attractions available on the premises where the sign is located.

Outparcel. Lots platted or leased along the periphery of a shopping center project or large retail store which are intended to be occupied by a single user. Typically such lots are less than two acres in area; are subordinate in size to the parcel which contains a multi-tenant shopping center building or large retail store; and share access, utilities, drainage, parking and/or open space with the parcel containing the anchor tenant.

Parasite sign. Any unpermitted sign which is attached to another sign.

Pennant. Any flag-like piece of cloth, plastic or paper attached to any staff, cord, building or other structure that tapers to a point and hangs loosely and is used for the purpose of attracting attention to the site.

Permitted signs. All signs needing a permit under this sign code or, having received a permit, that now exist as nonconforming signs.

Political sign or political flag. Any display of characters, names, or illustrations which advocate the election of any individual, group of individuals, or any position for or against any political issue.

Pole sign. Any sign supported by at least one upright pole, pylon, or post which is secured to the ground and the bottom of the sign-face of which exceeds two feet above the finished grade level.

Portable sign. A sign that has no permanent attachment to a building or to the ground by means of a footing; including, but not limited to, A-frame signs, sandwich signs, signs with wheels or frame or structure with axle or designed to be pulled or towed on a trailer or similar device, pull attachments, or inflatable signs.

Premises. The contiguous lot or lots, plots, portions or parcels of land considered a unit for a single development or activity.

Projecting sign. A sign perpendicularly attached to the wall of a building and projecting away from that wall 12 inches or more, and designed with a face or faces reading at an angle to that wall.

Promotional sign. A temporary sign posted by a nonprofit organization or by any organization sponsoring a temporary event to advertise a special event such as a bazaar, art show, craft show or similar type of event.

Public safety sign. A sign necessary for the identification, operation or protection of public service structures or signs incident to a legal process or necessary to the public safety or welfare.

Readerboard. A sign designed to accommodate changeable copy including, but not limited to, individual letters and numbers that can be removed and replaced by hand. Electronic message centers are not considered part of this definition.

Real estate sign. A sign erected by the owner, or his agent, advertising the real property where the sign is located for sale, lease, or rent.

Revolving sign. Any sign so erected or constructed as to periodically or continuously change the direction toward which any plane containing the display surface area is oriented.

Roof sign. Any sign erected upon, against or directly above a roof, or on top of or above a parapet of a building or on top of any horizontal awning.

Sign. Any object, structure, device or display, or part thereof, illuminated or non-illuminated, which is used to identify a business, service or premises.

Sign area. The area enclosed by one continuous line, connecting the extreme points or edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any one time from any one point that is off-site. The sign area may extend around a corner. This area does not include the main supporting sign structure; but all other ornamental attachments, inner connecting links, and the like, which are not a part of the main supports of the sign are to be included in determining sign area. The square footage of freestanding letters or cut letters used as a sign area shall be determined by enclosing the sign area within the smallest rectangular figure needed to encompass completely all letters, insignias, or symbols of the sign, including, but not limited to, horizontal spacing between letters, insignias, symbols, logos, and trademarks, except as otherwise provided herein.

a.

Signs other than freestanding letters, words, insignias, or symbols; the area is the total area of the facing, or the total area within the outer edge of any existing border of the sign.

b.

In every event, computation of allowable sign area includes all existing signs on the premises, whether those signs are conforming or nonconforming.

Snipe signs. A sign of any material, such as paper, cardboard, wood and metal, when tacked, nailed or attached in any way to trees or other objects where such sign may or may not apply to the premises.

Special event. Special event means any meeting, activity, parade or gathering of a group of persons, animals or vehicles or a combination thereof, having a common purpose on any public/private street, sidewalk, alley, park, lake or other public/private place or building, which special event substantially inhibits the usual flow of pedestrian or vehicular travel or which occupies any public/private place or building so as to preempt normal use of space by the general public or which deviates from the established use of space or building.

Streamer. A long narrow banner or strip of material waving in the wind.

Subdivision sign. Any sign which marks or identifies the entrance or entrances to a residential subdivision.

Swing signs or suspended signs. Any sign projecting from an angle on the outside wall or walls of any building, and which is suspended from a projecting structure in such a manner that the sign itself, or any part thereof, is not attached to the building or wall.

Temporary sign. A sign used to advertise or identify transitory events and that are not installed so as to be permanent.

Wall sign. See "attached sign."

Window sign. A permanent sign affixed to, suspended behind, or painted on either face of a window or glass door that reads to the exterior of the building.

4.2.20.3.

Permit required. Except as provided for in these regulations, all new, reconstructed, or replaced signs shall require a permit issued by the city and shall demonstrate compliance with these regulations. No sign shall be constructed, erected, or structurally altered without a sign permit, and if lighted or electrically wired, without an electrical permit. It shall be a violation of these land development regulations for any person to erect, maintain, or replace any sign not specifically exempted by section 4.2.20.4, without first securing from the land development regulation administrator a sign permit to do so. An application for a new sign or for a modification of an existing sign shall be accompanied by detailed drawings to show the scale, dimensions, design, structure, colors, elevation and location of each particular sign. One application and permit may include multiple signs on the same development site.

1.

All sign permit applications shall be submitted to the land development regulation administrator in accordance with application specifications published by the city.

2.

Each application for a sign permit shall be accompanied by the applicable fees, which shall be established by the city commission by resolution.

3.

If the sign is to be located on property not owned by the applicant, the application must be accompanied by a letter or lease from the owner or agent of the property giving permission to erect a sign.

4.

Within ten business days of receiving a sign permit application, the land development regulation administrator shall review it for completeness. If the land development regulation administrator finds that it is complete, the application shall then be processed. If the land development regulation administrator finds that it is incomplete, the land development regulation administrator shall within such ten-day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the land development regulations.

5.

Within 15 business days of the acceptance of a complete sign permit application, the land development regulation administrator shall either:

a.

Issue the sign permit; or

b.

Deny the sign permit if the subject sign(s) fail(s) in any way to conform to this section or other applicable provisions of the land development regulations. In case of a denial, the land development regulation administrator shall specify in the notice of rejection the applicable portions of the land development regulations with which the sign(s) are not consistent.

6.

Signs must be erected within six months of issuance of the permit; otherwise the permit expires.

4.2.20.4.

Sign permits issued are effective for the lifetime of the sign and allow for maintenance and repair of the sign. A new permit is required for any modifications to the type, size, location, content or character of the sign.

4.2.20.5.

Substitution of messages. Any sign allowed under this article may contain, in lieu of any other message or copy, any lawful noncommercial message that does not direct attention to a business operated for profit, or to a product, commodity or service for sale or lease, or to any other commercial interest or activity, so long as said sign complies with the size, height, area and other requirements of this article.

4.2.20.6.

Signs not requiring a sign permit. The following signs are allowed in all zoning districts without a permit:

A.

Public safety signs which otherwise comply with these regulations.

B.

Memorial signs not exceeding six square feet in area.

C.

Instructional signs.

D.

Up to three flags up to 20 square feet in area and up to 40 feet tall on any premise.

E.

Membership signs not exceeding one-half square foot of area.

F.

Building address numbers.

G.

Open and closed signs not to exceed four square feet in area.

H.

Signs within buildings which are not visible from a public street or sidewalk.

I.

Unlit occupational signs for home occupations, established in accordance with Article 4 of these Land Development Regulations, denoting only the name, street number, and business of an occupant, which do not exceed three square feet in surface area and are attached to the building.

J.

Standard sized menus mounted on the wall in cabinets at the entrance to restaurants.

K.

Up to two menu boards of no more than 20 square feet each located adjacent to and oriented toward a drive-through facility.

L.

Signs required by an authorized governmental entity including decals affixed to fuel pumps.

M.

Change of copy on a permitted changeable copy or electronic message center sign. Message changes may be made no more than once within a 24-hour period.

N.

Directional signs not to exceed four feet in height and six square feet.

O.

Signs carried by an individual bearing no advertising.

P.

Sandwich signs or portable signs erected by a food, drink, or retail establishment, when displayed only during business hours.

Q.

Holiday lights, decorations or displays that are clearly incidental and customary for any national, local or religious holiday.

R.

Temporary signs allowed in accordance with this article.

4.2.20.7.

Signs prohibited in all zoning districts. The following signs shall be prohibited in all zoning districts:

A.

Animated signs.

B.

Flashing signs.

C.

Snipe signs.

D.

Sandwich sign and portable signs except as specifically permitted by this section.

E.

Beacon lights.

F.

Signs located or attached to trash receptacles, except as specifically permitted upon action by the city commission.

G.

Signs on public property.

H.

Any sign which displays any statement, work, character, or illustration of an obscene, indecent or immoral nature.

I.

Any sign erected in a manner that would impede ingress and egress through any door or emergency exit of any building or any sign erected on a fire escape or any other public safety device.

J.

Signs which emit smoke, vapor, particles, odor or sounds.

K.

Parasite signs.

L.

Illegal signs.

M.

Fence signs.

N.

Inflatable signs.

O.

Roof signs.

P.

Revolving signs.

Q.

Bench signs, except as provided for in these regulations.

R.

Gutter signs.

4.2.20.8.

General sign standards. The following standards shall apply to all signs.

A.

All signs shall comply with the Florida Building Code.

B.

No illuminated sign shall be placed within 30 feet of any residential zoning district.

C.

All signs shall be adequately maintained both front and back, where visible. Such maintenance shall include, but not be limited to, proper alignment of structures in a vertical upright position, continued readability of the structure and preservation of the structure with paint or other preservatives. Paint shall not be peeling or flaked. Rust shall not be visible. The land development regulations administrator may cause to be removed, after due notice, any sign which shows gross neglect, which becomes dilapidated or which has a surrounding landscaped area or planter around it that is not well maintained.

D.

All signs identifying a single use shall contain the address number of the premises, placed parallel to the sign face, in numbers large enough to be read from the street but in no case less than three inches high. The address numbers shall be an integral part of the sign. Address numbers shall not be included in the square footage of the sign.

E.

Minimum setback from the property line fronting a right-of-way shall be ten feet.

F.

No sign shall be erected in the clear sight triangle which will impair visibility at a street intersection or driveway entrance.

G.

Signs shall be located to maintain a clearance of ten feet to all overhead electrical conductors and a clearance of three feet on all secondary voltage service drops.

H.

Signs shall not be located within any public easement, construction easement or similar easement.

I.

All signs over pedestrian ways shall provide a minimum of nine feet of clearance.

J.

All signs placed over vehicular ways shall provide a minimum of 20 feet of clearance.

K.

Any changeable copy including, but not limited to, gas prices, movie listings and service schedules for houses of worship shall be included in the allowable square footage of an attached or freestanding sign. Change of copy shall not be permitted more than once in a 24-hour period.

L.

All attached signs shall have concealed structural members except for vertical supports or other supporting members which are designed and arranged so as to be an integral part of the aesthetic composition of a sign.

4.2.20.9.

Permanent signs in Residential Districts. The following signs are permitted in all residential zoning districts as defined in these land development regulations.

A.

Subdivision or multiple-family development entrance.

1.

A single non-illuminated sign at the entrance of a subdivision or multi-family residential complex not exceeding 32 square feet in sign area per side and not exceeding eight feet in height above finished grade is permitted.

2.

Up to one additional sign may be allowed where a subdivision or development has a second entrance on a public road.

3.

Subdivisions and multiple-family development shall be allowed two attached signs up to 32 square feet in sign area and three feet in height where a wall or fence surrounds the development.

B.

Institutional and non-residential uses. Institutional and permitted non-residential uses in residential zoning districts shall be allowed a single non-illuminated sign not exceeding 32 square feet of are per side and not exceeding eight feet in height.

4.2.20.10.

Temporary signs in residential districts. The only commercial messages allowed on temporary signs in residential districts are those with a message pertaining to the sale or lease of the premises, or a message related to an occasional sale, held lawfully and in accordance with applicable ordinances of the city. A total of three temporary signs per dwelling may be permitted in the single family residential zoning districts and a total of three temporary signs per driveway may be permitted in the multi-family residential districts. Two temporary signs in these districts may bear a commercial message at any one time, and the remaining sign may only bear a noncommercial message. The maximum size of any temporary sign in a residential district shall be six square feet with a maximum height for freestanding signs of four feet.

4.2.20.11.

Permanent signs in non-residential zoning districts. The following signs shall be allowed in non-residential zoning districts.

A.

Nonresidential subdivision entrance. A single sign with exterior illumination not exceeding 32 square feet in sign area per side and not exceeding eight feet in height on each public street side from which the subdivision is entered shall be permitted.

B.

Other non-residential uses. The following signs are permitted for non-residential uses in non-residential zoning districts.

1.

Freestanding signs for non-residential uses shall be allowed pursuant to the following regulations:

a.

Number of freestanding signs.

i.

All developments may have a single primary freestanding sign on the public street frontage containing the primary entrance to the premises with dimensional standards as defined in b. below.

ii.

Developments that have frontage on more than one public street may have up to one additional freestanding sign up to 32 square feet on a side and up to eight feet in height on a secondary street provided that all freestanding signs on a single site are separated by a distance of 200 linear feet as measured along the public road frontage.

iii.

Developments with a street frontage exceeding 400 linear feet may have a second freestanding sign on the frontage provided that the second sign does not exceed eight feet in height and 32 square feet in total sign area. The distance between the signs shall be a minimum of 200 feet as measured along the public road frontage.

b.

The maximum permitted height and area of primary freestanding signs in non-residential zoning districts shall be determined by the width of the right-of-way containing the primary entrance to the premises, as listed in the following table:

2.

Attached signs in non-residential districts shall be allowed as follows:

a.

A single-tenant building may have one square foot of attached signage per linear foot of primary building facade length up to a maximum of 150 square feet of total attached sign area. In addition, a single-occupant building may have one attached sign up to 50 square feet per primary customer entrance up to a maximum of four total attached signs.

b.

Each unit in a multi-tenant building that has an individual separate entrance to the exterior of the building may have a single attached sign not to exceed one and one-half square feet per linear foot of tenant storefront facade length. Anchor occupants in a multi-tenant building, where the anchor unit exceeds 100 feet of building façade length, may have one and one-half square feet of attached signage per linear foot of primary building facade length up to a maximum of 150 square feet of total attached sign area.

c.

No window sign shall exceed 25 percent of the total window surface area.

d.

No canopy sign shall exceed one-third of the canopy face horizontally and vertically.

C.

U.S. 301 and S.R. 20 Corridors. Within the U.S. 301 and S.R. 20 corridors, the following standards provisions apply to properties with commercial or industrial zoning.

1.

One free standing on-site identification sign per lot or parcel, not to exceed two square feet in sign area for each lineal foot of main street frontage up to a maximum of 650 square feet per sign face: Such signs shall not exceed a height of 55 feet.

2.

Directional signs not to exceed 20 square feet of sign area per face: Such signs shall not exceed a height of eight feet.

3.

Menu boards, either single faced or double faced, for drive-thru restaurants shall not exceed 60 square feet in sign face area, measured on one face of the sign.

4.

Truck scale signs shall not exceed 80 square feet per sign face and shall not exceed 24 feet in height.

5.

On-site identification signs located within 2,500 feet of the intersection of U.S. 301 and State Road 20, shall not exceed 55 feet in overall height.

6.

The on-site identification sign(s) shall be set back a minimum of ten feet from the front property line.

7.

Ground-mounted or monument sign, not to exceed 120 square feet.

8.

For attached signs, the maximum sign area shall not exceed 25 percent of the front building elevation area of the principal building(s) or individual storefront where there are multiple tenants per building. The maximum sign area shall not exceed ten percent of side and rear building elevation areas of the principal building(s) or individual storefront where there are multiple tenants per building.

4.2.20.12.

Temporary signs in non-residential districts. During the time that a property is under development or construction, one temporary freestanding or building sign that conforms in size, height and location with the standards for permanent signs shall be allowed. Such temporary sign shall be removed upon the earlier of the following: 60 days after issuance of a certificate of occupancy for the premises; or installation of the permanent sign. At any time, one other temporary sign per building or individual storefront is allowed. Additional temporary signs shall be a maximum of 32 square feet in size and a maximum of eight feet in height. Temporary signs shall not be separately illuminated.

4.2.20.13.

Off-premises signs.

A.

Billboard signs are regulated by F.S. ch. 479, as may be amended from time to time, and the Florida Department of Transportation administrative regulations.

B.

Off-premises signs not considered billboards may be erected in any zoning district except residential.

1.

There shall be a maximum of two off-site advertising or directional signs for each business or institution. Only one sign per sign structure is permitted, which may be single- or double-faced.

2.

Non-billboard off-site signs shall be freestanding signs.

3.

The maximum sign surface area for non-billboard off-site signs shall be up to 32 square feet.

4.

The maximum sign height for non-billboard off-site signs shall be eight feet.

5.

The minimum setback for non-billboard off-site signs shall be ten feet from the nearest right-of-way line.

6.

Off-premises directional signs shall not be illuminated.

7.

No off-site directional sign shall be located on any property without the consent of the owner, holder, lessee, agent, or trustee.

4.2.20.14.

Comprehensive sign programs.

A.

Intent. The intent of comprehensive sign programs is to provide private property owners and businesses with flexibility to develop innovative, creative and effective signage and to improve and protect the aesthetic values of the city. The city recognizes that in many circumstances, there are innovative and creative alternatives to minimum standard signage which are desirable and attractive and which will enhance community character and individual property values.

B.

Purpose. The purpose of comprehensive sign programs is to provide an alternative to minimum standard signage subject to flexibility criteria which ensure that alternative signage will not have an adverse impact on the aesthetic values, community character and quality of life of the city.

C.

Authority. The planning and zoning board shall have the authority to approve comprehensive sign programs.

D.

Applicability. Any developer may apply for approval of a comprehensive sign program.

E.

Required elements.

1.

Design theme. A request for approval of a comprehensive sign program shall include a distinct theme or idea on which to base the coordinated design of all signs located on the premises.

2.

All signs included. The comprehensive sign program shall comprise all signs on the premises including, but not limited to, attached signs, monument signs, directional signs, directory signs and instructional signs.

F.

Flexibility criteria.

1.

Architectural compatibility. The signs proposed in a comprehensive sign program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel and shall be constructed of materials and colors which reflect an integrated architectural vocabulary for the parcel proposed for development; or the design, character, location and/or materials of the signs proposed in a comprehensive sign program shall be demonstrably more attractive than signs otherwise permitted on the parcel proposed for development under the minimum sign standards.

2.

Height. The maximum height of all signs proposed in a comprehensive sign program is 15 feet provided, however, that a single attached sign with a sign face of no more than 12 square feet may be higher.

3.

Total area of sign faces. The total area of sign faces which are proposed as a part of a comprehensive sign program shall not exceed two times the total area of sign faces permitted under the minimum sign standards on the parcel proposed for development.

4.

Elimination of signage. The signage proposed in a comprehensive sign program must result in the elimination of existing unattractive, nonconforming and obsolete signage or result in an improvement to the appearance of the parcel proposed for development in comparison to signs otherwise permitted under the minimum sign standards.

5.

Community character and property values. The signage proposed in comprehensive sign program must have a positive impact on the aesthetic appearance of the city and must not negatively impact the value of property in the immediate vicinity of the parcel proposed for development.

6.

Phasing. The replacement of all signs proposed in a comprehensive sign program may be phased; a phasing schedule shall be incorporated within the comprehensive sign program.

4.2.20.15.

Illuminated signs. Where allowed by these regulations, illuminated signage shall be designed to:

• Provide adequate light without over-lighting;

• Control light output in order to limit light to the intended area and reduce glare;

• Maximize the effectiveness of the lighting fixtures and minimize the adverse effect of lighting beyond property borders;

• Provide attractive and energy-efficient illumination. All lighting for signage shall comply with the following regulations:

A.

Externally illuminated signs. Externally illuminated signs shall demonstrate compliance with the following standards:

1.

Lighting fixtures shall be aimed and shielded so that light is directed only onto the sign face and not aimed at adjacent streets, roads or properties and so that the source of light is not visible from any point off the premises.

2.

Lighting fixtures shall be mounted on top of or below the sign structure and utilize only fully shielded cut-off fixtures.

3.

A maximum of 40 lumens per square foot of sign surface is permitted. This figure is the total amount of initial lumens produced by all lamps used to illuminate the sign, divided by the area of the sign.

4.

No colored lights shall be used at any location or in any manner so as to be confused with traffic control devices.

5.

Lighted signs on sites that abut property with residential zoning shall not be located within 30 feet of the property boundary and shall be designed, placed and landscaped in such a manner so that the lighting does not trespass onto the residentially zoned properties and so that the source of light is not visible off the premises.

B.

Internally illuminated signs. Internally illuminated signs shall demonstrate compliance with the following standards:

1.

Internally illuminated signs, with or without changeable copy, shall only be constructed with blackout or opaque backgrounds and punch out or translucent lettering, logos, symbols, etc.

2.

A lighting engineer or lighting expert acceptable to the city shall certify that the proposed sign design conforms to the requirements of this section.

3.

No colored lights shall be used at any location or in any manner so as to be confused with traffic control devices.

4.

Lighted signs on sites that abut property with residential zoning shall not be located within 30 feet of the property boundary and shall be designed, placed and landscaped in such a manner so that the lighting does not trespass onto the residentially zoned properties.

C.

Neon. Signs using neon shall have a maximum luminous output of 300 lumens per foot calculated per foot of tube rather than lamp. A greater illumination may be used if documentation of the need for a higher value is provided to the city from the manufacturer of the tubing. Exposed glass tubes must be protected by a clear front.

D.

Prohibited lighting. The following types of lighting are prohibited:

1.

Lighting or motion resembling traffic or directional signals.

2.

Warnings or other similar devices which are normally associated with highway safety or regulations.

3.

Lighting or signs which constitute a safety hazard or hindrance because of light, glare, focus, animation, flashing or intensity of illumination. Lighted signs shall be designed and located so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties.

4.

High-intensity lights such as beacon lights, spotlights, searchlights or floodlights.

5.

Prisms, mirrors or polished reflecting surfaces used for the purpose of augmenting intensity of light sources.

6.

High-intensity lights, laser lights or stroboscopic lights.

4.2.20.16.

Nonconforming signs.

a.

Any nonconforming sign identifying an activity conducted on the premises on which the sign is located must be removed when the business or use it advertises or identifies is discontinued or when all of the uses are discontinued on a directory sign.

b.

Any sign proposed to replace an existing nonconforming sign shall conform to all current regulations.

c.

Any nonconforming sign identifying an activity conducted on the premises on which the sign is located, which is an animated sign, flashing sign, beacon sign or other prohibited sign which may have been permitted under prior ordinances, shall be brought into conformity prior to July 1, 2015.

4.2.21.

Transitional use area requirements. It is the intent of these requirements to ease the frictions between residential and nonresidential uses by creating a transition area in which certain intensive nonresidential uses are prohibited. Where a commercial or industrial district adjoins a residential district, along the same frontage and without an intervening street, the following uses shall not be located within 100 feet of the residential district:

1.

Drive-in restaurants or refreshment stands.

2.

Bars, taverns, and cocktail lounges.

3.

Car washes.

4.

Outdoor storage yards, wrecking yards, automobile wrecking yards, junkyards, yards used in whole or in part for scrap or salvage operations, or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, or secondhand automotive parts.

5.

Bulk storage of flammable liquids or explosives.

4.2.22.

Recreational vehicle parks and campgrounds.

4.2.22.1.

Purpose. The purpose of this section shall be to ensure that recreational vehicle parks and campgrounds are located, developed and occupied in accordance with standards and regulations which will protect the health, safety, general welfare and convenience of the occupants of such parks and the residents of the city.

4.2.22.2.

Special exception approval required. A recreational vehicle park and/or campground shall be permitted only upon the issuance of a special exception approval. The owner, operator and occupants of a recreational vehicle park and/or campgrounds shall develop and use the park in strict compliance with the conditions imposed by the special exception approval.

4.2.22.2.1.

Accessory uses. Accessory uses, management buildings, recreational facilities, restrooms, showers, laundry facilities, other uses, and structures customarily incidental to operation of a recreational vehicle park and/or campgrounds are deemed to be permitted accessory uses in a recreational vehicle park and/or campground. In addition, grocery stores and convenience shops shall be permitted as accessory uses in Recreational Vehicle Parks and Campgrounds. The following accessory uses apply to the facility as noted.

(1)

Such establishments and the parking area primarily related to their operations shall not occupy more than the square footage provided below or five percent of the gross area of the park or campground, whichever is less.

(2)

Such establishments shall be opaque from any street outside the park or campgrounds of their commercial character. The intent is that the park or campground would be so designed so that it would not be an attraction to the general public, although customers other than occupants of the park or campground may use the accessory uses.

(3)

The structures housing such facilities shall not be located closer than 50 feet to any public street and shall not be directly accessible from any public street, but shall be accessible only from a street within the park or campground.

(4)

A resort lodge, including but not limited to lobby, reception, business center, fitness facilities, meeting rooms/areas, administrative areas and offices, housekeeping/laundry facilities, maintenance, receiving/purchasing. There shall be no maximum square footage for these uses.

(5)

Accessory commercial/retail uses, such as restaurant uses including a bar or lounge (a separate bar or lounge shall meet the requirement for service of alcohol as provided within this Code), and other uses permitted within the commercial general (CG) zoning district, not to exceed a total of 10,000 square feet.

(6)

Outdoor entertainment facilities not to exceed 18,000 square feet (including stage and seating/standing area.

(7)

Adventure/discovery center uses that are comprised of uses permitted in a commercial, general district and in addition swing bridges, tree climbing, zip lines, ATV trails and in addition such similar recreational uses as approved by the board of adjustment.

(8)

Resort uses including but not limited to spas, bath houses, lawns, parks, tennis/racquetball courts and pools.

4.2.22.3.

Park administration. The owner of a recreational vehicle park and campground shall be responsible for the development and maintenance of the park in strict conformity with the approved plan and conditions of the special exception approval, and all applicable laws and ordinances. Each park shall have a manager available 24-hours per day, seven days per week.

4.2.22.4.

General requirements recreational vehicle parks and campgrounds. Recreational vehicle parks and campgrounds may be approved in A and CIW zoning districts subject to:

(1)

No recreational vehicle shall be occupied overnight unless the same is parked inside an approved recreational vehicle park. Further, no recreation vehicle, excepting park model, resort cottages and casitas may be stored (unoccupied) within an approved recreational vehicle park.

(2)

No recreational vehicle shall be occupied for commercial purposes; except units used for job shacks at commercial construction sites with valid special temporary use permit.

(3)

No recreational vehicle shall be used as a permanent place of abode, or dwelling, except for park management, for indefinite periods of time.

(4)

No space within a recreational vehicle park shall be rented for any purpose other than those expressly allowed by this section.

(5)

No person, company or corporation shall establish or modify a recreational vehicle park without first complying with the provisions of this section.

4.2.22.4.1.

Completion prior to occupancy phasing. All required site improvements, and other conditions of the special exception shall be met prior to occupancy of any site by a recreational vehicle; provided, that completion may be accomplished by phases if such phases are identified and approved in the special exception.

4.2.22.4.2.

Recreational vehicle park and campground location criteria. The location of recreational vehicle parks and campgrounds shall be reviewed for harmony with adjoining properties. Recreational vehicle parks and campgrounds may only be established on property which meets the following criteria:

(1)

Recreational vehicle parks and campgrounds may be permitted only in the A and CIW zoning districts.

(2)

The recreational vehicle park and campground parcel shall not be located adjacent to any other recreational vehicle park or developed subdivision containing single family residential dwellings.

(3)

The minimum site area of a park shall be five acres.

4.2.22.4.3.

Design standards. The following are minimum design standards for recreational vehicle parks and campgrounds.

(1)

Density. The number of recreational vehicles permitted in a park shall not exceed a density of 20 units per gross acre. The special permit may limit density further to ensure compatibility with the surrounding areas.

(2)

Spacing and site width. There shall be a minimum side to side dimension of 15 feet between vehicles and tents and an end to end dimension of 12 feet. Each recreational vehicle space shall have a minimum width of 24 feet and a minimum of 1,200 square feet.

(3)

Site access. Entrances and exits to the park shall be designed for safe and convenient movement of traffic into and out of the park and to minimize friction with free movement of traffic on adjacent streets. All traffic into and out of the park shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavement at intersections shall be such as to facilitate easy turning movements for vehicles with trailers attached. No material impediment to visibility shall be created or maintained which obscures the view of an approaching driver in the right lane of the street within 100 feet of the intersection within the park entrance.

(4)

Parking. Sufficient parking shall be provided on each site to accommodate the RV, and any accessory vehicles (i.e. visitor vehicle, golf cart or equipment trailer).

(5)

Internal park roads. All internal park roads shall be privately owned and maintained. They shall be paved and meet standards, as approved by the city.

Park roads shall have a minimum improved width as follows:

a.

The main or central road through the park shall have a right of way width of not less than 28 feet exclusive of parking lanes.

b.

Roads other than the main road shall have a right of way width of not less than 14 feet per each travel lane.

c.

One-way roads shall be permitted only where drive through RV spaces are provided. One-way roads shall have a right of way width of not less than 12 feet.

d.

Parking lanes shall have a width of not less than ten feet.

e.

All walkways shall not be less than four feet in width.

(6)

Open space/recreational facilities. A minimum of 20 percent of the site shall be set aside and maintained as open space for the recreational use of park occupants. Such space shall be accessible and usable by all residents of the park for passive or active recreation. Parking spaces, driveways, access streets, and storage areas are not considered to be usable open space. The percentage requirement may be reduced to 15 percent of the site if substantial and appropriate recreational facilities (such as recreational buildings, swimming pool or tennis courts) are provided.

(7)

Setbacks. No recreational vehicle site shall be closer than 50 feet from any exterior park property line abutting upon a major street or 25 feet from any other exterior park property line. Permanent structures within a park shall have minimum front and rear yards of 15 feet each, and minimum side yards often ten feet each. Yard space shall be measured from the wall of the vehicle or structure. Building yard setbacks do not supersede other more restrictive setbacks.

(8)

Landscaping/screening. All areas of recreational vehicle parks and campgrounds including perimeter setback areas not utilized for roadways, pathways, buildings maintenance yards and recreational facilities shall be landscaped. Landscaping shall consist of a combination of live vegetative ground cover, lawn, shrubs, trees, flower beds and ornamental shrub beds. All landscaping plans shall be approved in conjunction with the special permit process and shall be guided by the following:

a.

All exterior boundaries of a recreational vehicle park shall contain a six-foot solid wood, brick, concrete or painted block fence. Required fencing along park exterior boundaries abutting upon a major street shall be setback 15 feet from the property line(s). In lieu of the fence or wall a 50-foot opaque planted or natural vegetative area is acceptable.

b.

One shade tree (1½-inch caliper) shall be required for every three recreational vehicle sites.

c.

All management offices, club houses and recreational buildings shall be landscaped.

d.

All utility areas of park buildings shall be screened with landscaping, solid wood, brick, concrete or painted block fencing or combination thereof.

e.

All maintenance yards shall be sight screened by a solid wood, brick, concrete or painted block fence and various landscape elements.

(9)

Landscaping/screening design and maintenance. All landscaping and screening shall be designed and maintained to ensure the general welfare of the community is enhanced. All trees, flowers, lawns and other landscaping features shall be maintained by the park management in a healthy growing condition at all times.

(10)

Signs. Signs and advertising shall be prohibited in recreational vehicle parks and campgrounds except:

a.

One freestanding sign in accordance with the city sign regulations.

b.

One identifying sign at each entrance of the park which may be indirectly lighted, but not flashing. Said sign(s) shall comply with the city sign regulations.

c.

Directional and information signs for the convenience of occupants of the park.

(11)

Utilities. All utilities within the park shall be constructed and maintained in accordance with all applicable state and local codes.

a.

Electricity. Electricity shall be provided to each recreational vehicle site.

b.

Water. City potable water shall be provided to each recreational vehicle site.

c.

Watering station. Each recreational vehicle park shall be provided with one or more easily accessible water supply outlets for filling recreational vehicle water storage tanks.

d.

Sewer service. City sanitary sewer service shall be provided to all recreational vehicles

e.

Sanitary stations. Each recreational vehicle park shall be provided with at least one sanitary dumping. Sanitary stations shall consist of at least a trapped four-inch sewer riser pipe connected to the sewage disposal system and surrounded at the inlet end by a concrete apron sloped to the drain and provided with a suitable hinged cover; and, a water outlet, with the necessary appurtenances connected to the water supply system to permit periodic wash down of the immediate adjacent areas. A sign shall be posted near the water outlet indicating that this water is for flushing and cleaning purposes only, not for drinking.

f.

Solid waste disposal. Refuse containers shall be placed throughout the park in convenient locations. Refuse containers must be screened from public view on three sides. All recreational vehicle parks and campgrounds shall be maintained free of litter and garbage. In addition to the refuse containers placed throughout the park, at least one large (four yards or greater) container shall be located near the management building.

(12)

Storm water management. All storm water drainage shall be contained on the park or as part of a permitted master storm water system. Storm water control facilities require the design of a licensed state engineer and approval of the St. Johns River water management district prior to approval of the special exception.

(13)

Surfacing of sites. All sites except tent sites shall have a compacted paved surface comprised of pervious materials.

(14)

Lot areas. RV and resort cottages shall maintain the following lot areas;

(15)

Resort cottage standards. Rental cottages shall not be considered dwelling units but shall be considered resort cottages. These rental cottages shall meet the definition of "independent camping unit" as defined herein. The following are minimum design standards for the location of permanent rental resort cottages.

a.

Density. The number of independent camping units permitted in a RV/campground shall not exceed a density of 20 units per gross acre.

b.

Site access. Entrances and exits to the RV/campground shall be designed for safe and convenient movement of traffic into and out of the RV/campground and to minimize friction with free movement of traffic on adjacent streets. All traffic into and out of the RV/campground shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavement at intersections shall be such as to facilitate easy turning movements for vehicles with trailers attached. No material impediment to visibility shall be created or maintained which obscures the view of an approaching driver in the right lane of the street within 100 feet of the intersection within the RV/campground entrance.

c.

Parking. Parking for the resort cottages shall require one space to be located at the cottage site.

d.

Internal RV/campground roads. All internal RV/campground roads shall be privately owned and maintained. They shall be paved and meet standards, as approved by the city. RV/campground roads shall have a minimum improved width as follows:

1.

The main or central road through the RV/campground shall have a right of way width of not less than 28 feet exclusive of parking lanes.

2.

Roads other than the main road shall have a right of way width of not less than 14 feet per each travel lane.

3.

All walkways shall not be less than four feet in width.

(16)

Service buildings.

a.

Each RV/campground shall be provided with one or more service buildings, which contain an adequate number of toilet and sanitary facilities. The minimum ratio of sanitary facilities to the number of campsites shall be provided as a condition of review and approval of the board of adjustment.

b.

All service buildings and the commodes, urinals, lavatories, shower and other appurtenances located therein shall be maintained in a state of good repair and shall be kept in a clean and sanitary condition at all times.

c.

All doors to the exterior from service buildings shall be self-closing.

(17)

Structural requirements for service buildings.

a.

All portions of the structure shall be properly protected from damage by ordinary use and by decay and corrosion. Exterior portions shall be of such material and be so constructed and protected as to prevent entrance or penetration of moisture and weather.

b.

Effective ventilation of all service buildings shall be provided to prevent condensation, moisture and odors.

c.

The floors of toilet and shower rooms shall be sloped to a properly trapped floor drain connected to the sewerage system.

d.

Partitions between flush toilets in the same room shall be raised a minimum of eight inches from the floor to permit easy cleaning.

e.

The interior finish of such buildings shall be of moisture resistant and easily cleanable material, which will withstand frequent washing and cleaning. Special attention shall be given wall finishes immediately around lavatories, urinals, and commodes and in showers to ensure a surface in these heavily used areas, which will withstand commercial use.

f.

The floors shall be constructed of material impervious to water and be of easily cleanable material. Duck boards or walkways made of wood or other absorptive material shall not be permitted.

g.

All windows and openings to the outside from areas containing commodes and urinals shall be provided with fly-proof screening material of at least 16 mesh per inch.

h.

Water closets and bathing facilities shall not be located in the same compartment.

i.

Permanent service buildings shall be provided with an artificial light at the entrance to the building to facilitate its use at night:

j.

Service buildings shall have appropriate signs to denote its use such as "Men's Toilet," "Women's Toilet," "Showers," etc.

k.

Showers shall be equipped with a drain or drains, which will prevent the shower water from running across floors that are used for other purposes.

(18)

Garbage and refuse disposal.

a.

All garbage and refuse shall be stored in durable, watertight, rodent-proof, fly-proof containers with tight-fitting covers. All containers shall be maintained in a state of good repair, and shall be kept clean.

b.

Collection and disposal of garbage and refuse shall be in an approved manner, and of such frequency as to prevent a nuisance or health hazard to campers or adjacent areas.

c.

An adequate number of containers shall be provided for the depositing of garbage and refuse.

d.

Containers for garbage and refuse shall be supported in such a manner as to minimize tipping or spillage and the area around such containers shall be kept clean.

(19)

Insect, rodent and weed control.

a.

Campsites shall be kept free from cans, jars, buckets, old tires and other articles which may hold water and provide temporary breeding places for mosquitoes. Mosquito control measures and supplemental larvicidal measures shall be undertaken by the owner when the need is indicated.

b.

Fly breeding shall be controlled by eliminating the insanitary practices which provide breeding places. The area surrounding the garbage cans shall not be permitted to become littered with garbage nor saturated with waste liquid from garbage.

c.

The growth of weeds, grass, poison ivy or other noxious plants shall be controlled as a safety measure and as a means toward the elimination of ticks and chiggers. Pesticidal measures shall be applied, if necessary, provided the pesticide and its use is in accordance with state requirements.

d.

The campsite and the premises shall be maintained in a clean and orderly manner.

(20)

Swimming pools and outdoor bathing facilities. The construction, modification, maintenance, operation and use of any swimming pool, if provided, shall be subject to the applicable requirements of the state and the uniform building code.

(21)

Safety.

a.

The electrical installation and electrical hook-up provided campsites, and other similar units shall be in accordance with the provisions of the uniform building code of the state.

b.

Adequate precautions shall be exercised by the operator to prevent the outbreak of fires. If open fires are permitted, there shall be a definite area provided within the bounds of each campsite for the building of fires by the camper, with a cleared area surrounding the fire site to aid in fire control.

c.

Adequate precautions shall be taken by the operator in the storage and handling of gasoline, gas cylinders or other explosive materials, in accordance with local, state and national safety standards.

d.

The operator shall make adequate provisions for the use and control of mini-bikes, trail bikes and other similar vehicles within the confines of the camping area to prevent accidents to small children and campers.

e.

Broken bottles, glass and other sharp objects shall not be allowed to create a hazard to campers.

(22)

Storage and handling of liquefied petroleum gases. Filling plants may be located in the campground provided that the entire operation, including the storage container, is located not less than 50 feet from the nearest campsite; important buildings, or group of buildings, or line of adjoining property which may be built upon, and not less than 25 feet from any public street or highway. Such filling plant and storage containers shall be enclosed by man-proof fencing or otherwise protected from tampering or physical damage. The access to the enclosed area shall be kept locked when unattended.

(23)

Control of animals and pets.

a.

Every pet permitted shall be maintained under control at all times and not be permitted to create a public health problem. Dogs shall be kept on leash at all times. Dung shall be removed immediately and be buried in a location, which will not interfere with the site for camping purposes.

b.

Any kennels, pens or other facilities provided for such pets shall be maintained in a sanitary condition at all times.

(24)

Overflow areas.

a.

It shall be unlawful for any person operating a RV/campground to exceed the design capacity of the RV/campground as stated on the special exception permit by the use of certain unequipped areas as an overflow area for campers, camping clubs or rallies unless and until the overflow area and its proposed use have been approved by the city in writing as to the specific location of the overflow area, number and location of sanitary facilities, size and number of campsites and such other factors as may be deemed necessary to prevent overcrowding and the accompanying insanitary conditions.

b.

The length of stay of any camping unit permitted to use an area specifically designated and approved as an overflow area shall be limited to a 12-hour period.

(25)

Inspection of RV/campgrounds.

a.

The city or the city's designee is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this section.

b.

It shall be the duty of the operator or occupant(s) to give the city or the city's designee reasonable access to such premises at reasonable times for the purpose of inspection.

c.

A register shall be kept indicating name and address of the camper, the date of the campsite occupancy, and the number of the campsites occupied. Such register shall be made available to the city or the city's designee, upon request, during his inspection of the RV/campground.

(26)

Enforcement, notices, and hearings.

a.

Whenever the city finds violations of this section, an inspection report shall be filled out and delivered to the owner of the RV/campground s, or to such person as the owner may designate in writing to the city. Such inspection report shall be legible, contain written notation of the alleged violation and the proposed remedial action to be taken to cure the alleged violation.

b.

If, after a reasonable time has elapsed for the correction of alleged violation, the violation is found to continue to exist, a formal notice shall be issued which:

1.

Incudes a written statement of the reasons for its issuance;

2.

Sets forth a time for the performance of the corrections;

3.

Is served upon the owner, operator or his agent; provided: that such notice shall be deemed to have been properly served upon such owner, operator or agent when a copy has been sent by certified mail to the owner's last known address; or when the owner has been served with such notice by any other method authorized or required by the laws of the city, state or federal government;

4.

Contains an outline of remedial action which, if taken, will cure the alleged violation;

5.

Informs the person to whom the notice is directed of his right to a hearing before the city code enforcement board, and of his responsibility to request the hearing and to whom the request should be made.

c.

Periods of time between notation of the violation on the inspection report and issuance of a formal notice shall depend upon the nature and seriousness of the violation, but shall generally not exceed 30 days. Upon receipt of the notice of alleged violation, the owner, operator or agent shall have 30 days to cure the violation without further penalty, except in the case of a declared emergency, which is determined by the city manager.

d.

Whenever the city finds that an emergency exists which requires immediate action to protect the public health, the city may, without notice or hearing, issue an order declaring the existence of such an emergency and the bases for the declaration, and requiring that such action be taken as the city may deem necessary to meet the emergency, including the suspension of the permit. Notwithstanding any other provisions of this section, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the city, shall be afforded a hearing within five business days of the emergency order notwithstanding any timeframes to the contrary in article 3 of these land development regulations.

e.

Any person affected by any notice which has been issued in connection with the enforcement of any provision of this section may request and shall be granted a hearing in accordance with the provisions of article 3 of these land development regulations.

f.

If a request for a hearing is not made within ten days after the receipt of a formal notice of violation of this section, or correction of the violation has not taken place within the prescribed time, the permit may be revoked and the continued operation of the RV/campground shall be considered unlawful.

g.

Nothing in this section shall be construed as preventing the city from making efforts to obtain voluntary compliance through warning, conference or any other appropriate means.

h.

Waiver. One or more of the provisions in the above regulation may be waived in whole or in part when, in the opinion of the board of adjustment, there are factors or circumstances which render compliance with such provision(s) unnecessary; provided that such provision shall be specifically exempt in writing by the city.

4.2.22.4.4

Recreational vehicle park and campground application procedure.

(a)

The applicant shall apply for the special exception application on forms provided by the city manager.

(b)

The application shall include the special exception fee.

(c)

The application shall further be accompanied by 12 copies of a site plan which shall be drawn at a scale of not less than 100 feet to the inch, and shall be clear and precise. If necessary, the site plan can consist of more than one drawing. The site plan shall contain, but not necessarily be limited to, the following:

(1)

Name of the owner and operator, with address and phone numbers; and the name of the proposed recreational vehicle park.

(2)

Legal description of the subject tract of land.

(3)

Name, address and phone number of the person or firm preparing the site plan.

(4)

Scale of the drawing and north arrow.

(5)

The area and dimensions of the tract of land.

(6)

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

(7)

The number, location and size of all off-street parking spaces.

(8)

The location and width of all streets and walkways.

(9)

The location of service buildings, management offices, sanitary stations, recreation areas, and any other proposed facilities or structures. Restroom and shower facilities shall be provided for each gender shall be properly identified, and each shall contain showers and toilets and hand washing fixtures.

(10)

Location of all utility easements.

(11)

Specifications of the water supply, sewage disposal, electrical supply, and refuse collection systems.

(12)

Drainage plan (may be submitted on a separate drawing).

(13)

Landscaping plan (may be submitted on a separate drawing).

(14)

Topography at an appropriate contour interval unless specifically waived by the engineer.

(15)

A vicinity map indicating the names and locations of all streets within at least a quarter mile radius of the subject area.

(16)

Signage.

(17)

Fencing and screening.

(d)

Special exception review. Once a complete application has been received by the city, the city manager will schedule a hearing before the planning and zoning board. The application will then continue through the standard special exception process until a special permit is approved or denied by the board of adjustment.

4.2.23.

Use of land in a residential district for access. No land in a residential or residential/office district shall be used for driveway, walkway, or access purposes to any land which is in a commercial or industrial district, or used for any purpose not permitted in a residential district except for ingress and egress to an existing use which does not abut on a street.

4.2.24.

Visibility at intersections and curb breaks.

4.2.24.1.

Visibility at intersections. On a corner lot in all zoning districts, no fence, wall, hedge, landscaping, or structure shall be erected, placed, planted, or allowed to grow in such a manner as to obstruct vision between a height of 2½ feet and six feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 25 feet from the point of such intersection.

4.2.24.2.

Visibility at curb breaks. In all zone districts, where a curb break intersects a public right-of-way, no fence, wall, hedge, landscaping, or structure shall be erected, placed, planted, or allowed to grow in such a manner as to obstruct cross-visibility between a height of 2½ and six feet within the areas of property on both sides of the curb break formed by the intersection of each side of the curb break and public right-of-way lines with two sides of each triangle being ten ft. in length from the point of intersection and the third being a line connecting the end of the two other sides.

4.2.24.3.

Retaining walls. The requirements of this section shall not be deemed to prohibit any necessary retaining wall.

4.2.24.4.

Trees. Trees shall be permitted in the clear space, provided that foliage is cut away within the prescribed heights.

4.2.25.

Waterfront yards; minimum requirement. No structure shall be located closer than 50 feet to the mean high water line (see section 4.2.4 for exceptions for certain accessory structures).

4.2.26.

Yard encroachments, overhangs, and protruding projections. Every part of every required yard shall be open and unobstructed from the ground to the sky except as hereinafter provided or as otherwise permitted in these land development regulations:

1.

Sills and belt courses may project not over 12 inches into a required yard.

2.

Movable awnings may project not over three feet into a required yard, provided that where the yard is less than five feet in width the projection shall not exceed ½ the width of the yard.

3.

Chimneys, fireplaces, bay windows, or pilasters may project not over two feet into a required yard.

4.

Fire escapes, stairways, and balconies which are unroofed and unenclosed may project not over five feet into a required rear yard, or not over three feet into a required side yard of a multiple dwelling, hotel, or motel.

5.

In residential districts, hoods, canopies, roof overhangs, or marquees may project not over three feet into a required yard, but shall not come closer than one foot to the lot line.

6.

In non-residential districts, hoods, canopies, roof overhangs, or marquees may extend out ⅔ of the way between the building and the curb, provided the following are met:

i.

There must be a sidewalk in front of the portion of the building where the hood, canopy, roof overhang, or marquee is to be placed

ii.

The outside edge of the hood, canopy, roof overhang, or marquee must be at least two feet from an imaginary line drawn perpendicular to the curb.

iii.

The hood, canopy, roof overhang, or marquee must maintain a clear height above the sidewalk of at least nine feet. No support of the hood, canopy, roof overhang, or marquee may extend below this clear height.

iv.

Where the right-of-way is not owned by the city, the applicant must have written permission from the government entity with jurisdiction over the right-of-way.

v.

If the right-of-way belongs to the city, the property owner shall enter into an agreement with the city indemnifying and holding harmless the city, its officers, agents, and employees, from any property damage, including loss, and any personal injury, including death, caused in any way by the projection of the hood, canopy, roof overhang, or marquee over the right-of-way, and containing such other provisions as deemed necessary by the city attorney to protect the interests of the city.

7.

Fences, walls, and hedges are permitted in required yards, subject to the provisions of this section.

8.

Cornices, eaves, or gutters may project not over three feet into a required yard, provided that where the required yard is less than six feet in width, such projection shall not exceed ½ of the width of the yard.

9.

Except as provided herein, nothing in these land development regulations shall be so construed as to prohibit any type of landscaping or private, nonprofit, gardening on any lot.

4.2.27.

Airport land use restrictions.

1.

Use restrictions. Not withstanding any other provisions of these land development regulations, no use may be made of land or water adjacent to any airport which will interfere with the operation of an airborne aircraft. The following special requirements shall apply to each permitted use:

a.

All lights or illumination used in conjunction with street, parking, signs, or use of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from the airport or in vicinity thereof.

b.

No operations from any land use type shall produce smoke, glare, or other visual hazards within three statute miles of any usable runway of the airport.

c.

No operations from any land use type shall produce electronic interference with navigation signals or radio communication between the airport and aircraft.

d.

Use of land for residential uses, schools, hospitals, storage of explosive material, assemblage of large groups of people, or any other use that could produce a major catastrophe as a result of an aircraft crash, shall be prohibited within 5,000 feet of the approach or departure end of a runway.

e.

No structure exceeding 150 feet in height above the established airport elevation shall be permitted within 5,000 feet of the approach or departure end of a runway.

4.2.28.

Special right-of-way requirements.

4.2.28.1.

For all new arterial and collector roadways extra right-of-way, as provided within the Florida Department of Transportation Bicycle Facilities Planning and Design Manual, Official Standards, Revised Edition, 1982, shall be provided for integrated or parallel bicycle ways or lanes.

4.2.28.2.

All new structures shall provide a minimum setback of 75 feet as measured from the centerline of the right-of-way for new or realigned collector or arterial roads.

4.2.29.

Home occupation requirements.

1.

Only one additional person other than members of the family residing on the premises shall be engaged in such occupation.

2.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall under no circumstances change the residential character thereof.

3.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two square feet in area, nonilluminated, mounted flat against the wall of the principal building at a position not more than two feet distance from the main entrance to the residence.

4.

In all zone districts except agricultural districts, no home occupation shall be conducted in an accessory building. In agriculture districts, home occupations may be conducted in an accessory building, provided that the floor area devoted to the home occupation does not exceed 1,000 square feet.

5.

No home occupation shall occupy more than 20 percent of the first floor area of the residence, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. No rooms which have been constructed as an addition to the residence, nor any attached porch or garage which has been converted into living quarters, shall be considered as floor area for the purpose of this definition until two years after the date of completion thereof.

6.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in the required front yard.

7.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

8.

For purposes of illustration, the following uses shall not be considered home occupations: (1) studio for group instruction, (2) dining facility or restaurant, (3) antique or gift shop, (4) photographic studio, (5) outdoor repair, (6) food processing (except catering for off premises consumption), (7) retail sales, and (8) child care center.

9.

For purposes of illustration, the following uses may be considered home occupations, provided they meet all the requirements listed in subparagraphs a—h above and all other provisions of these land development regulations: (1) the giving of individual instruction to one person at a time such as art or music teacher; (2) fabrication of articles such as are commonly classified under the terms arts and handicrafts, providing no retail sales are made in the home; (3) custom dressmaking, seamstress, milliner; (4) tutoring for not more than one student at a time; (5) answering telephone; (6) barbershop or beauty shop; (7) catering for off premises consumption and (8) professional offices.

10.

A home occupation shall be subject to all applicable occupational licenses and other business taxes.

4.2.30.

Special septic tank requirements. Existing septic tanks shall be allowed to remain in service until such time as a centralized sanitary sewer service is accessible, conditioned on the following requirements:

1.

A building permit shall not be issued for construction of a building or facility where sanitary sewage is proposed to be disposed using an onsite sewage disposal system in an area zoned industrial on the city's official zoning atlas, or used for industrial or manufacturing purposes, or its equivalent, where the city's centralized sanitary sewer system is available within one-quarter mile of the area used or zoned industrial or manufacturing, or where a likelihood exists that the onsite sewage disposal system may receive toxic, hazardous or industrial waste;

2.

An occupational license shall not be issued to the owner or tenant of a building located in an area zoned industrial on the city's official zoning atlas, or used for industrial or manufacturing purposes, or its equivalent, when such site is served by an onsite sewage disposal system without first obtaining an annual operating permit from the city health department; and

3.

A certificate of land development regulation compliance shall not be issued to a new owner or tenant of a building located in an area zoned industrial on the city's official zoning atlas, or used for industrial or manufacturing purposes, or its equivalent, or who operates a business which has the potential to generate toxic, hazardous or industrial wastewater, when such site is served by an onsite sewage disposal system without first obtaining an annual operating permit for an onsite sewage disposal system from the city health department.

4.2.31.

Special community residential home requirements. The city shall facilitate the provision of group homes or foster care facilities as licensed or funded by the Florida Department of Health and Rehabilitative Services within residential areas or areas of residential character.

4.2.31.1.

The city shall permit group homes with six or fewer residents which other wise meet the definition of a community residential home as provided in F.S. ch. 419, in effect upon adoption of the comprehensive plan, as a single-family noncommercial use to be allowed in all residential land use districts, provided that such homes shall not be located within a radius of 1,000 feet of another existing home with six or fewer residents.

4.2.31.2.

The city shall permit group homes of more than six residents which meet the definition of a community residential home as provided in F.S. ch. 419 within medium and high density residential land use categories. The city shall approve the siting of a community residential home, unless the city determines that the siting of the home at the site selected based upon the following criteria:

1.

The site selected does not meet applicable licensing criteria established and determined by the Florida Department of Health and Rehabilitative Services, including requirements that the home be located to assure the safe care and supervision of all clients in the home.

2.

The site selected would result in such a concentration of community residential homes in the area in proximity to the site selected, or would result in a combination of such homes with other residences in the community, such that the nature and character of the area would be substantially altered. (A home that would be located within a radius of 1,200 feet of another existing community residential home shall be considered to be an over concentration of such homes that substantially alters the nature and character of the area. A home that would be located within a radius of 500 feet of a low or moderate density residential land use category shall be considered to substantially alter the nature and character of the area).

4.2.32.

Bed and breakfast inn requirements. Bed and breakfast inns shall be approved by special exception as provided within these land development regulations in accordance with the following criteria:

1.

The owner must live on the premises.

2.

Separate toilet and bathing facilities for the exclusive use of guests must be provided.

3.

Rentals shall be on a daily basis. The maximum stay for an individual guest shall be 30 days in a 12-month period.

4.

No cooking facilities shall be allowed in guestrooms.

5.

Bed and breakfast establishments must comply with appropriate health permits, building and fire codes and business licenses as applicable to such use.

6.

Signage, excepting historical markers located by federal, state, county or city agencies, shall be limited to one sign, not exceeding six square feet in area, with characters not exceeding eight inches, nonilluminated (excepting flood lighting on each side of the sign).

7.

The maximum number of rooms for guests shall be as follows:

8.

No structure shall be constructed for the sole purpose of being utilized as a bed and breakfast inn; no existing structure shall be enlarged or expanded for the purpose of providing additional rooms for guests. It is intended that a bed and breakfast inn be a converted or renovated single-family residence, and that this principal function be maintained. The exterior appearance of the structure shall not be altered from its single-family character.

4.2.33.

Public, charter and private school site and development plan performance standards.

(1)

The location and construction of public and charter schools shall conform to the minimum requirements of F.S. ch. 235, and all applicable rules of the Florida Department of Education.

(2)

The location and construction of private schools shall maintain a minimum lot area as required for the district in which the school is to be sited, plus one acre for every 100 students (or fraction thereof), based upon building code capacity.

4.2.34.

Special provisions for accessory utility buildings. Accessory utility buildings within residential zoning districts shall be permitted, subject to the following:

(1)

The location of the utility building shall meet all required setbacks for the zoning district in which they are located;

(2)

The utility building shall not be used for human habitation, although it may be used for workshop purposes;

(3)

The utility building shall be constructed and maintained in such a manner that it does not become a hazardous building as defined within these land development regulation;

(4)

No more than two utility buildings shall be allowed on a single residential building site; and

(5)

If the utility building is constructed on site, the property owner or his/her authorized agent shall apply for a building permit prior to construction. If the utility building is an engineered prefabricated structure, no building permit shall be required for the location of the utility building.

4.2.35.

Special provisions for mobile homes. The purpose of this section is to allow the placement of a mobile home which is in compliance with this section within any zoning district that allows residential uses.

A recreational vehicle as defined within section 2.1 of this Code shall not be considered a mobile home.

The building official for the city shall not issue a permit for the installation of a mobile home unless proof of compliance with the standards herein is first shown by the applicant. The applicant requesting location of a mobile home shall include at a minimum proof that the mobile home was constructed as stated in section 2.1 of these land development regulations and shall provide pictures of the complete exterior and interior of the mobile home to the building official along with the application for permit. A picture of the DCA insignia shall also be provided.

(1)

Required standards. Mobile homes which are located within the city shall comply with the following standards.

(a)

The mobile home shall be installed and secured to the ground and at an elevation as required by applicable current state and city codes as determined by the building official;

(b)

The mobile home shall have siding that would normally be found on a conventional single-family dwelling and roofing materials with treatment of a type generally acceptable for site-built housing;

(c)

The underfloor area of the mobile home shall be permanently enclosed (e.g. a decorative skirting that is opaque or will be opaque with plantings or the construction of masonry or faux masonry block stem wall); and

(d)

Have all transportation equipment removed.

(2)

In order to comply with state statutes regarding the subdivision of land and the aesthetic standards provided herein, the installation of more than two mobile homes shall be located within a mobile home subdivision and such subdivision shall be located within an RSF/MH or RMH zoning district or as stipulated and permitted within a planned unit development (PUD). More than two mobile homes situated on a single site, lot or parcel shall be located within an RMH-P zoning district.

4.2.36.

Drugs, sale of. The term drugs, sale of, as defined within these land development regulations shall be dispensed in what is commonly called a drug store or pharmacy and in the case of the sale of medical marijuana, as provided by the laws of the state and this ordinance. The sale of drugs shall be a permitted use as specified within the various zoning districts of these land development regulations where such sale is identified and allowed. In accordance with SB 8A, as engrossed in 2017, of the state, any medical marijuana treatment center (MMTC), may not be located within 500 feet of the real property that comprises a public or private elementary facility, a public or private elementary, middle or secondary school.

4.2.37

Brew pubs, wineries and microbreweries. There are several combinations of regulations for state licensing for the brewing or vinting of alcoholic beverages. In fact, F.S. § 561.42 entitled "Tied House Evil" provides for the enforcement of the beverage laws in Florida. For the purposes of these land development regulations, the city will regulate the location and conditions, the nature and purpose of the brewery or vinification, the plans of the buildings and the limitations imposed by the state for brewing and vinification establishments within the city.

1.

Brew pubs are establishments where beer and ale are brewed or there is wine vinification on-site for consumption on the premises only. The brew pub shall have the required state license, or combination of licenses, to allow consumption of the on-site product to include beers, ales and wines brought in from other sources to be consumed on the site only. The brew pub is not a bar, but for the purposes of these regulations will have the definition of a restaurant, with the condition allowing the establishment to brew beers and ales as well as vinify wines for the purpose of serving customers of the brew pub. Such brewing or vinification sales of on-site production and service of the product shall be limited to the amount of product allowed by state licensing for a brew pub.

The following provides the requirements for operating a brew pub:

a.

Food shall be provided from a licensed commercial kitchen.

b.

A brew pub may conduct regular events, such as special events, meetings and food, beer, and wine tastings.

c.

The brewing or vinification process shall be separate from the service of food or beverage. Tours may be provided at the discretion of the operator, but there shall be no tastings within the brewing or vinification areas.

d.

Vibration standard; in general. A person of normal sensitivities should not be able to feel any vibrations, with the exception of vibrations lasting less than five minutes during daylight hours and vibrations from vehicles that leave the site.

e.

Odor standard; in general. Continuous, frequent, or repetitive odors may not be produced. The odor threshold is the point at which an odor may just be detected.

f.

Noise standards on-site and off-site are further provided within this Code and measurements for compliance with these standards are made from the property line of abutting properties.

g.

An outdoor beer garden may be allowed where health, abatement of noise and safety requirements of the city and state division of restaurants may be met. Outdoor tastings and food service may or may not have table service. Customers shall be monitored for minimum state age requirements for service and consumption of beer or wine.

h.

As part of the approval of the brew pub building plan submittal, the operator shall provide the city with a certificate of insurance for coverage of the building, contents, and on-site personal liability.

i.

By separate special permit provided by the city commission, the brew pub may establish a mobile location for service on a limited temporary basis for special events. The special permit may be issued by the city commission and shall not need further public notification.

j.

Hours of operation shall be requested at the time the application is filed. In no case may the hours of operation to serve the public be greater than this Code's requirements for service of alcohol.

k.

A brew pub does not produce product for use off-site and will not provide drive thru service.

2.

A microbrewery is different than a brew pub in that it is an establishment which is in the business of retail sales of beer, ales and wine produced within a completely enclosed building on-site. The microbrewery does not require a commercial kitchen, but as part of its use, there shall be a tap room provided for public on-site. Service and consumption shall be located within the store front or frontal area of the building. The microbrewery shall have the state license or combination of licenses which may allow for on-site use and off-site retail sales within the brewing parameters. The quantity of product shall be within the state license requirements for a microbrewery. A microbrewery is not a commercial brewery or winery, as defined by the state licensing requirements for a microbrewery. Product is mainly for the consumption of product on-site and retail sale of product for off-site consumption. As a microbrewery is not a commercial brewer, it cannot produce unlimited quantities of product to be distributed off-site. The following provides the requirements for operating a microbrewery:

a.

A microbrewery is not required to have a commercial kitchen or provide food service, although the establishment may work with licensed food trucks for the sale and consumption of food on-site. Any area used for food shall be duly licensed by the state and other applicable governmental entities. In no case will service be allowed in a drive-up fashion. Service shall be limited to the microbrewery site and all food served shall be eaten indoors.

Special permits may be granted for outside festival consumption. These special permits shall be issued by the city commission with no additional notice required.

b.

A microbrewery may conduct regular events, such as special events, meetings and food, beer, and wine tastings, which are completely indoors.

c.

The brewing or vinification process shall be separate from the service of food or beverage. Tours may be provided at the discretion of the operator, but there shall be no tastings or tap room service within the brewing or vinification areas.

d.

Vibration standard; in general. A person of normal sensitivities should not be able to feel any vibrations, with the exception that vibrations lasting less than five minutes during daylight hours and vibrations from vehicles that leave the site.

e.

Odor standard; in general. Continuous, frequent, or repetitive odors may not be produced. The odor threshold is the point at which an odor may just be detected.

f.

Noise standards on-site and off-site are further provided within this Code and measurements for compliance with these standards are made from the property line of abutting properties.

g.

As part of the approval of the microbrewery building plan submittal, the operator shall provide the city with a certificate of insurance for coverage of the building, contents, and on-site personal liability insurance.

h.

By separate special permit provided by the city commission, the microbrewery may establish a mobile location for service on a limited temporary basis for special events. The special permit may be issued by the city commission and shall not need further public notification.

i.

Reserved.

j.

Hours of operation shall be requested at the time the application is filed. In no case, may the hours of operation to serve the public be greater than this Code's requirements for service of alcohol.

(Ord. No. 2002-08, §§ 1, 2, 4-2-2002; Ord. No. 2007-39, § 1, 1-15-2008; Ord. No. 2009-15, § 2, 6-16-2009; Ord. No. 2009-20, § 1, 12-15-2009; Ord. No. 2011-01, § 1, 1-18-2011; Ord. No. 2011-02, § 2, 4-12-2011; Ord. No. 2011-12, § 2, 11-15-2011; Ord. No. 2012-11, § 1, 11-13-2012; Ord. No. 2015-02, § 1, 2-3-2015; Ord. No. 2015-05, § 1, 4-7-2015; Ord. No. 2015-10, § 1, 8-4-2015; Ord. No. 2016-04, § 1, 7-19-2016; Ord. No. 2018-07, § 3, 8-7-2018; Ord. No. 2019-02, § 1, 2-19-2019; Ord. No. 2019-05, § 2, 8-6-2019; Ord. No. 2020-07, § 3, 10-6-2020; Ord. No. 2021-04, § 2, 8-3-2021)

4.3.1.

Districts and intent. The "CSV" conservation category includes one zone district: CSV. Lands within this district are devoted to the conservation of the unique natural functions. To conserve these lands, no use other than nonintensive resource based recreation activities and native vegetative community restoration shall be permitted.

4.3.2.

Permitted principal uses and structures:

1.

Nonintensive resource based recreation activities.

2.

Native vegetative community restoration.

4.3.3.

Permitted accessory uses and structures:

1.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to nonintensive resource based recreation activities.

2.

Examples of permitted accessory uses and structures include:

a.

Forestry stations and scientific stations for the study of the natural resources within the conservation district.

b.

Residential facilities for caretakers.

c.

Boat docks and boat ramps.

4.3.4.

Prohibited uses and structures:

1.

Residential uses (except forestry stations or scientific stations for the study of the natural resources within the conservation district and residential facilities for caretakers).

2.

Any use or structure not specifically, provisionally or by reasonable implication permitted herein or permissible as a special exception.

4.3.5.

Special exceptions (see also articles 12 and 13):

1.

Recreational activities such as campsites and similar uses. (Special conditions shall include, but not be limited to, general planning and design criteria, which will address the minimization of impacts on the natural resources of the district).

4.3.6.

Minimum lot requirements: [There are] none, except to meet other requirements as set out herein.

4.3.7.

Minimum yard requirements (see section 4.2 for right-of-way setback requirements).

Special provisions: A minimum 35-foot natural buffer shall be required from wetlands. For all other perennial rivers, streams, creeks, lakes and ponds a 35-foot natural buffer shall be required. The location of any structure (except permitted docks, walkways and piers) shall be prohibited within these buffer areas, although nonintensive resource-based recreation activities shall be permitted within the riverine buffer areas. In addition, within the riverine and wetland buffer area, agriculture uses and silviculture uses conducted in accordance with Silviculture Best Management Practices Manual, Revision May 1990 and Guidelines for Forested Wetlands in Florida, February 1988, published by the Florida Department of Agriculture and Consumer Services, Division of Forestry, may be allowed.

4.3.8.

Maximum height of structures shall exceed: 35 feet (see section 4.2, exclusion from height limitations).

4.3.9.

Minimum lot coverage: none.

4.3.10.

Minimum landscaped buffering requirements: none.

4.3.11.

Minimum off-street parking requirements: none.

4.4.1.

Districts and intent. The A agricultural category includes one zone district: A. Lands in these districts are intended to provide for areas primarily consisting of agricultural and residential uses consistent with the areas as designated agricultural within the city's comprehensive plan.

4.4.2.

Permitted principal uses and structures:

1.

All agricultural activities (excepting intensive agriculture uses as defined in section 2.1 and not including livestock or poultry slaughterhouses), including the raising of livestock and poultry, the production of dairy and poultry products, the cultivation of field crops and fruits and berries, forestry, apiculture, and similar uses; provided, [however,] that no structure used for housing of animals or any commercial feed lot operation shall be located within 300 feet of any lot line, and no structure used for housing domestic animals shall be located within 100 feet of any lot line.

2.

The processing, storage, and sale of agricultural products and commodities which are raised on the premises (but not including livestock or poultry slaughterhouses); provided, [however,] that no building used for these activities shall be located within 300 feet of any side or rear lot line.

3.

Single-family dwellings.

4.

Mobile homes.

5.

Plant nurseries and greenhouses.

6.

Homes of six or fewer residents which otherwise meet the definition of a "community residential facility" (see section 4.2).

7.

Public, charter and private schools to include elementary schools, middle schools, technical schools, high schools, schools for exceptional and gifted children, community colleges and universities. Site and development plan approval shall be required, and such site and development plan shall conform at a minimum the performance standards for schools, provided in section 4.2 of these land development regulations.

8.

Churches and other houses of worship.

4.4.3.

Permitted accessory uses and structures:

1.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures.

b.

Are located on the same lot as the permitted principal use or structure or on a contiguous lot in the same ownership.

c.

Uses and structures which involve operations not in keeping with the character of a rural area.

2.

Examples of permitted accessory uses and structures include:

a.

Barns and stables.

b.

Private garages.

c.

Private swimming pools.

d.

On-site signs (see section 4.2)

e.

Residential facilities for caretakers whose work requires residence on the premises or for employees who will be quartered on the premises.

4.4.4.

Prohibited uses and structures: Junkyard or automobile wrecking yard, and any use or structure not specifically, provisionally or by reasonable implication permitted herein as a special exception.

4.4.5.

Special exceptions (see also articles 12 and 13):

1.

The processing, storage, and sale of agricultural products and commodities which are not raised on the premises; provided, [however,] that no building used for these activities shall be located within 300 feet of any side or rear lot line.

2.

Agricultural equipment and related machinery sales.

3.

Agricultural feed and grain packaging, blending, storage, and sales.

4.

Agricultural fertilizer storage and sales.

5.

Agricultural fairs and fairground activities.

6.

Recreational activities such as racetracks and speedways; golf courses; country clubs; tennis and racquet clubs; golf and archery ranges; rifle, shotgun, and pistol ranges; travel trailer and recreational vehicle parks or campgrounds, including day camps; hunting or fishing camps; and similar uses.

7.

Riding or boarding stables; provided that no building used for housing of animals shall be located within 300 feet of any lot line.

8.

Hospitals, sanitariums, nursing homes, and residential homes for the aged.

9.

Commercial kennels, veterinary clinics, and animal shelters; provided, that no open runs or buildings used for housing of animals shall be located within 300 feet of any lot line.

10.

Group living facilities.

11.

Crematories.

12.

Airplane landing fields.

13.

Child care centers, provided that:

a.

No outdoor play activities shall be conducted before 8:00 a.m. or after 8:00 p.m.; and

b.

Provision is made for areas for off-street pickup and dropoff of children;

c.

Fencing: There shall be a fence or wall six feet in height surrounding all play areas, such fence or wall shall be continuous with latching gates at exit and entrance points. The fence or wall may be of masonry construction, chainlink or wood.

14.

Home occupations (see section 4.2).

15.

Public buildings and facilities, unless otherwise specified (see section 4.2).

16.

Private clubs and lodges.

17.

Off-site signs (see also section 4.2).

18.

Solid waste facilities.

19.

Flea markets.

20.

Cemeteries and mausoleums.

4.4.6.

Minimum lot requirements (area, width):

1.

Single-family dwellings, mobile homes, and group living facilities:

Minimum lot area: five acres.

Minimum lots width: 175 feet.

2.

All other permitted uses and structures (unless otherwise specified): none, except as necessary to meet other requirements as set out herein.

4.4.7.

Minimum yard requirements (depth of front and rear yard, width of side yard): (see section 4.2 for right-of-way setback requirements.)

1.

All permitted uses and structures (unless otherwise specified):

Front: 30 feet.

Side: 25 feet.

Rear: 25 feet.

Special provisions: A minimum 35-foot natural buffer shall be required from wetlands and a 35-foot natural buffer shall be required from perennial rivers, streams, creeks, lakes and ponds. The location of any structure (except permitted docks, walkways and piers) shall be prohibited within these buffer areas, although nonintensive resource-based recreation activities shall be permitted within the riverine buffer areas. In addition, within the riverine and wetland buffer area agriculture uses and silviculture uses, conducted in accordance with Silviculture Best Management Practices Manual, Revision May 1990 and Guidelines for Forested Wetlands in Florida, February 1988, published by the Florida Department of Agriculture and Consumer Services, Division of Forestry, may be allowed.

4.4.8.

Maximum height of structures: No portion shall exceed: (see also section 4.2 for exceptions) 35 feet (see section 4.2, exclusion from height limitations).

4.4.9.

Maximum lot coverage by all buildings: 20 percent.

Note: In addition to meeting the required lot yard, building height, lot coverage, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.4.10.

Minimum landscaped buffering requirements (see also section 4.2):

1.

All permitted uses and structures (unless otherwise specified): none, except as necessary to meet other requirements as set out herein.

4.4.11.

Minimum off-street parking requirements (see also section 4.2):

1.

Residential dwelling units: two spaces for each dwelling unit.

2.

Elementary and junior high schools: two spaces for each classroom or office room, plus one space for each three seats in any auditorium or gymnasium.

3.

Senior high school: four spaces for each classroom or office room, plus two spaces for each three seats in any auditorium or gymnasium.

4.

Churches or other houses of worship: one space for each six permanent seats in the main auditorium.

5.

Public buildings and facilities (unless otherwise specified): one space for each 200 square feet of floor area.

6.

Private clubs and lodges: one space for each 300 square feet of floor area.

7.

Child care centers: one space for each 300 square feet of floor area devoted to child care activities.

8.

Group living facilities: one space for each bedroom.

9.

Hospitals: one space for each bed.

10.

Sanitariums and nursing homes: one space for each two beds.

11.

Residential home for the aged: one space for each dwelling unit.

12.

Commercial and service establishments (unless otherwise specified): one space for each 150 square feet of nonstorage floor area.

13.

Agricultural equipment and related machinery sales; agricultural fairs and fairground activities; drive-in theaters; racetracks and speedways; golf and archery ranges; rifle, shotgun, and pistol ranges; commercial kennels; veterinary clinics; and animal shelters: one space for each 350 square feet of floor area, plus, where applicable, one space for each 1,000 square feet of lot or ground area outside buildings used for any type of sales, display, or activity.

14.

For other special exceptions as specified herein: to be determined by findings in the particular case.

(Ord. No. 2015-04, § 1, 2-3-2015)

4.5.1.

Districts and intent. The RSF residential, single-family category includes three zone districts: RSF-1, RSF-2, and RSF-3. It is the intent of these districts to provide for single-family areas of low to medium density together with public and semipublic buildings and facilities and accessory structures as may be desirable and compatible with such development, as well as surrounding development. Nonresidential uses in these districts may be subject to restrictions and requirements necessary to preserve and protect the single-family residential character of these districts. Variation among the RSF-1, RSF-2, and RSF-3 districts is in requirements for lot area, width, and certain yards.

4.5.2.

Permitted principal uses and structures:

1.

Single-family dwellings.

2.

Public parks and recreational areas.

3.

Homes of six or fewer residents which otherwise meet the definition of "community residential facility" (see section 4.2).

4.

Public, charter and private schools to include elementary schools and middle schools. Site and development plan approval shall be required and such site and development plan shall conform at a minimum the performance standards for schools, provided in section 4.2 of these land development regulations.

5.

Churches or other houses of worship.

4.5.3.

Permitted accessory uses and structures:

1.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures.

b.

Are located on the same lot as the permitted principal use or structure, or on a contiguous lot in the same ownership.

c.

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in a residential neighborhood.

d.

Do not involve operations or structures not in keeping with the character of single-family residential development.

2.

Examples of permitted accessory uses and structures include:

a.

Private garages.

b.

Private swimming pools.

c.

Noncommercial greenhouses and plant nurseries.

d.

On-site signs (see section 4.2).

e.

Chicken-keeping subject to the conditions at section 10-8 of this Code.

4.5.4.

Prohibited uses and structures: Trade or service establishments or storage in connection with such establishments, storage or overnight parking of commercial or industrial vehicles in excess of one ton capacity, storage of building materials (except in connection with active construction activities on the premises), new mobile homes except as permitted in section 4.2 and article 14, signs except as specifically permitted, the keeping of horses, cows, swine, sheep, goats, or poultry, and any use or structure not specifically, provisionally, or by reasonable implication permitted herein as a special exception.

4.5.5.

Special exceptions (see also articles 12 and 13):

1.

Golf courses, country clubs, and racquet and tennis clubs.

2.

Cemeteries and mausoleums.

3.

Private clubs and lodges.

4.

Parks maintained by any private association of persons residing in the district.

5.

Public buildings and facilities in keeping with the character and requirements of the district, except those otherwise specified.

6.

Home occupations (see section 4.2).

7.

Child care centers, provided that:

a.

No outdoor play activities shall be conducted before 8:00 a.m. or after 8:00 p.m.; and

b.

Provision is made for areas for off-street pickup and drop-off of children;

c.

Fencing: there shall be a fence or wall six feet in height surrounding all play areas, such fence or wall shall be continuous with latching gates at exit and entrance points. The fence or wall may be of masonry construction, chain-link or wood.

8.

Commercial greenhouses and plant nurseries.

9.

Trailer parks or campgrounds.

4.5.6.

Minimum lot requirements (area, width):

1.

Single-family dwellings:

Note: RSF-2 districts shall only be permitted where community water systems and centralized sanitary sewer systems are available and accessible.

Note: RSF-3 districts shall only be permitted where community water systems and centralized sanitary sewer systems are available and accessible.

2.

Other permitted uses and structures: None, except as needed to meet all other requirements herein set out.

4.5.7.

Minimum yard requirements (depth of front and back yard, width of side yards): (see section 4.2 for right-of-way setback requirements).

1.

Single-family dwellings:

2.

Public and private schools, child care centers, churches, other houses of worship, private clubs and lodges, and other all permitted uses unless otherwise specified:

Front: 35 feet.

Side: 25 feet for each side yard.

Rear: 35 feet.

Special provisions: A minimum 35-foot natural buffer shall be required from wetlands and a 35-foot natural buffer shall be required from perennial rivers, streams, creeks, lakes and ponds. The location of any structure (except permitted docks, walkways and piers) shall be prohibited within these buffer areas, although nonintensive resource-based recreation activities shall be permitted within the riverine and wetland buffer areas.

4.5.8.

Maximum height of structures: No portion shall exceed (see also section 4.2 for exceptions) 35 feet.

4.5.9.

Maximum lot coverage by all buildings:

1.

Single-family dwellings and duplexes, including their accessory buildings: 40 percent.

2.

Other permitted buildings in connection with permitted uses, including their accessory buildings: 35 percent.

Note: In addition to meeting the required lot yard, building height, lot coverage, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.5.10.

Minimum landscaped buffering requirements (see also section 4.2):

1.

Churches, other houses of worship, private clubs and lodges, child care centers, commercial greenhouses and plant nurseries, public buildings (but not public schools): Where a use listed under (1) above is erected or expanded on land abutting either (a) a residential district or (b) property used for residential purposes in a residential/office district, then the proposed use shall provide a landscaped buffer which shall not be less than ten feet in width along the affected rear and/or side yards as the case may be.

2.

All other permitted uses (unless otherwise specified): none, except as necessary to meet other requirements set out herein.

4.5.11.

Minimum off-street parking requirements (see also section 4.2):

1.

Each residential dwelling unit: two spaces for each dwelling unit.

2.

Elementary and junior high schools: two spaces for each classroom or office room, plus one space for each three seats in any auditorium or gymnasium.

3.

Senior high school: four spaces for each classroom or office room, plus two spaces for each three seats in any auditorium or gymnasium.

4.

Churches or other houses of worship: one space for each six permanent seats in the main auditorium.

5.

Public buildings and facilities (unless otherwise specified): one space for each 200 square feet of floor area.

6.

Private clubs and lodges: one space for each 300 square feet of floor area.

7.

Childcare centers: one space for each 300 square feet of floor area devoted to child care activities.

8.

Commercial greenhouses and plant nurseries: one space for each 150 square feet of nonstorage floor area.

9.

For other special exceptions as specified herein: to be determined by findings in the particular case.

(Ord. No. 2015-01, § 1, 2-3-2015; Ord. No. 2015-04, § 2, 2-3-2015)

4.6.1.

Districts and intent. The RSF/MH residential, (mixed) single-family/mobile home category includes three zone districts: RSF/MH-1, RSF/MH-2, and RSF/MH-3. It is the intent of these districts to provide for single-family residential areas of low to medium density for single-family dwellings and individual mobile homes. In addition to providing for mixed single-family/mobile home areas, this district also provides for public and semipublic buildings and facilities and accessory structures as may be desirable and compatible with mixed single-family/mobile home residential development. In these districts, permitted nonresidential uses and special exceptions may be subject to restrictions and requirements necessary to preserve and protect the single-family residential character of these districts.

4.6.2.

Permitted principal uses and structures:

1.

Single-family dwellings.

2.

Mobile home dwellings.

3.

Public parks and recreational areas.

4.

Homes of six or fewer residents which otherwise meet the definition of "community residential facility" (see section 4.2).

5.

Public, charter and private schools to include elementary schools and middle schools. Site and development plan approval shall be required and such site and development plan shall conform at a minimum the performance standards for schools, provided in section 4.2 of these land development regulations.

6.

Churches and other houses of worship.

4.6.3.

Permitted accessory uses and structures:

1.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures.

b.

Are located on the same lot as the permitted principal use or structure, or on a contiguous lot in the same ownership.

c.

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in a residential neighborhood.

d.

Do not involve operations or structures not in keeping with the character of residential development.

2.

Examples of permitted accessory uses and structures include:

a.

Private garages.

b.

Private swimming pools.

c.

Noncommercial greenhouses and plant nurseries.

d.

On-site signs (see section 4.2).

e.

Chicken-keeping subject to the conditions at section 10-8 of this Code.

4.6.4.

Prohibited uses and structures: Trade or service establishments or storage in connection with such establishments, storage or overnight parking of commercial or industrial vehicles in excess of one ton capacity, storage of building materials (except in connection with active construction activities on the premises), mobile home parks, signs except as specifically permitted, the keeping of horses, cows, swine, sheep, goats, or poultry, and any use or structure not specifically, provisionally, or by reasonable implication permitted herein as a special exception.

4.6.5.

Special exceptions (see also articles 12 and 13):

1.

Golf courses, country clubs, racquet and tennis clubs.

2.

Cemeteries and mausoleums.

3.

Private clubs and lodges.

4.

Parks maintained by any private association of persons residing in the district.

5.

Public buildings and facilities in keeping with the character and requirements of the district, except those otherwise specified (see section 4.2).

6.

Home occupations (see section 4.2).

7.

Child care centers, provided that:

a.

No outdoor play activities shall be conducted before 8:00 a.m. or after 8:00 p.m.; and

b.

Provision is made for areas for off-street pickup and drop-off of children;

c.

Fencing: There shall be a fence or wall six feet in height surrounding all play area, such fence or wall shall be continuous with latching gates at exit and entrance points. The fence or wall may be of masonry construction, chain-link or wood.

8.

Commercial greenhouses and plant nurseries.

9.

Trailer parks or campgrounds.

4.6.6.

Minimum lot requirements (area, width):

1.

Single-family dwellings and mobile homes: minimum site area for single-family/mobile home district: ten acres.

Note: RSF/MH-2 districts shall only be permitted where community water systems and centralized sanitary sewer systems are available and accessible.

Note: RSF/MH-3 districts shall only be permitted where community water systems and sanitary sewer systems are available and accessible.

2.

Other permitted uses and structures: none, except as needed to meet all other requirements herein set out.

4.6.7.

Minimum yard requirements (depth of front and rear yard, width of side of yards): (see section 4.2 for right-of-way setback requirements).

1.

Single-family dwellings and mobile homes:

2.

Single-family dwellings and mobile homes:

3.

Public and private schools, child care centers, churches, other houses of worship, private clubs and lodges, and all other permissible uses unless otherwise specified:

Front: 35 feet.

Side: 25 feet for each side yard.

Rear: 35 feet.

Special provisions: A minimum 35-foot natural buffer shall be required from all wetlands and a 35-foot natural buffer shall be required from perennial rivers, streams, creeks lakes and ponds. The location of any structure (except permitted docks, walkways and piers) shall be prohibited within these buffer areas, although nonintensive resource-based recreation activities shall be permitted within the riverine and wetland buffer areas.

4.6.8.

Maximum height of structures: No portion shall exceed (see also section 4.2 for exceptions) 35 feet.

4.6.9.

Maximum lot coverage by all buildings:

1.

One-family dwellings and duplexes, including their accessory buildings: 40 percent.

2.

Other permitted buildings in connection with permitted uses, including their accessory buildings: 35 percent.

Note: In addition to meeting the required lot yard, building height, lot coverage, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.6.10.

Minimum landscaped buffering requirements (see also section 4.2):

1.

Churches, other houses of worship, private clubs and lodges, child care centers, commercial greenhouses and plant nurseries, public buildings (but not public schools): Where a use listed under (1) above is erected or expanded on land abutting either (a) a residential district or (b) property used for residential purposes in a residential/office district, then the proposed use shall provide a landscaped buffer which shall not be less than ten feet in width along the affected rear and/or side yards as the case may be.

2.

All other permitted uses (unless otherwise specified): none, except as necessary to meet other requirements set out herein.

4.6.11.

Minimum off-street parking requirements (see also section 4.2):

1.

Residential dwelling units: two spaces for each dwelling unit.

2.

Elementary and junior high schools: two spaces for each classroom or office room, plus one space for each three seats in any auditorium or gymnasium.

3.

Senior high schools: four spaces for each classroom or office room, plus two spaces for each three seats in any auditorium or gymnasium.

4.

Churches or other houses of worship: one space for each six permanent seats in the main auditorium.

5.

Public buildings and facilities (unless otherwise specified): one space for each 200 square feet of floor area.

6.

Childcare centers: one space for each 300 square feet of floor area devoted to child care activities.

7.

Private clubs and lodges: one space for each 300 square feet of floor area.

8.

Commercial greenhouses and plant nurseries: one space for each 150 square feet of nonstorage floor area.

9.

For other special exceptions as specified herein: to be determined by findings in the particular case.

4.6.12.

Additional requirements for mobile homes:

1.

Anchoring. Each mobile home shall be located on a stand permitting each unit to be sufficiently supported and anchored as in compliance with the State Standards for Anchoring Mobile Homes. In addition, each mobile home shall have the wheels and axles removed, shall be placed as close to the ground as can be practically accomplished and shall have the tongue or hitch portion of the mobile home removed unless permanently attached in such a manner that it cannot be readily removed.

2.

Skirting. A skirt or apron which is continually and properly maintained by the owner of the mobile home shall surround each mobile home between the bottom of the unit and the ground.

(Ord. No. 2015-04, § 3, 2-3-2015)

4.7.1.

Districts and intent. The RMH residential, mobile home category includes three zone districts: RMH-1, RMH-2, and RMH-3. It is the intent of these districts to provide for low to medium density mobile home subdivision development, together with public and semipublic buildings and facilities and accessory structures as may be desirable and compatible with such development as well as surrounding development. Nonresidential uses in these districts may be subject to restrictions and requirements necessary to protect the residential character of these districts.

4.7.2.

Permitted principal uses and structures:

1.

Mobile homes.

2.

Public parks and recreational areas.

3.

Public, charter and private schools to include elementary schools and middle schools. Site and development plan approval shall be required, and such site and development plan shall conform at a minimum the performance standards for schools, provided in section 4.2 of these land development regulations.

4.

Churches and other houses of worship.

4.7.3.

Permitted accessory uses and structures:

1.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures.

b.

Are located on the same lot as the permitted principal use or structure, or on a contiguous lot in the same ownership.

c.

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in a residential neighborhood.

d.

Do not involve operations or structures not in keeping with the character of residential development.

2.

Examples of permitted accessory uses and structures include:

a.

Private garages.

b.

Private swimming pools.

c.

Noncommercial greenhouses and plant nurseries.

d.

On-site signs (see section 4.2).

4.7.4.

Prohibited uses and structures: Trade or service establishments or storage in connection with such establishments, storage or overnight parking of commercial or industrial vehicles in excess of one ton capacity, storage of building materials (except in connection with active construction activities on the premises), new single-family dwelling units, mobile home parks, signs except as specifically permitted, the keeping of horses, cows, swine, sheep, goats, or poultry, and any use or structure not specifically, provisionally, or by reasonable implication permitted herein as a special exception.

4.7.5.

Special exceptions (see also articles 12 and 13):

1.

Golf courses, country clubs, and racquet and tennis clubs.

2.

Cemeteries and mausoleums.

3.

Private clubs and lodges.

4.

Parks maintained by any private association of persons residing in the district.

5.

Public buildings and facilities in keeping with the character and requirements of the district, except those otherwise specified (see section 4.2).

6.

Home occupations (see section 4.2).

7.

Child care centers, provided that:

a.

No outdoor play activities shall be conducted before 8:00 a.m. or after 8:00 p.m.; and

b.

Provision is made for areas for off-street pickup and drop-off of children;

8.

Commercial greenhouses and plant nurseries.

4.7.6.

Minimum lot requirements (areas, width):

1.

Mobile homes:

Note: RMH-2 districts shall only be permitted where a community water system and sanitary sewer system is available and accessible.

Note: RMH-3 districts shall only be permitted where a community water system and sanitary sewer system is available and accessible.

2.

Other permitted uses and structures: none, except as needed to meet all other requirements herein set out.

4.7.7.

Minimum yard requirements (depth of front and rear yard, width of side yards): (see section 4.2 for right-of-way setback requirements).

1.

Mobile homes:

2.

Public and private schools, child care centers, churches, other houses of worship, private clubs and lodges, and all other permitted uses unless otherwise specified:

Front: 35 feet.

Side: 25 feet for each side yard.

Rear: 35 feet.

Special provisions: A minimum 35-foot natural buffer shall be required from all wetlands and a 35-foot natural buffer shall be required from perennial rivers, streams, creeks and ponds. The location of any structure (excepting permitted docks, walkways and piers) shall be prohibited within these buffer areas, although nonintensive resource-based recreation activities shall be permitted within the riverine buffer areas.

4.7.8.

Maximum height of structures: No portion shall exceed (see also section 4.2 for exceptions) 35 feet.

4.7.9.

Maximum lot coverage by all buildings:

1.

Mobile home dwellings including their accessory buildings: 40 percent.

2.

Other permitted building in connection with permitted uses, including their accessory buildings: 35 percent.

Note: In addition to meeting the required lot yard, building height, lot coverage, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.7.10.

Minimum landscaped buffering requirements (see also section 4.2):

1.

Churches, other houses of worship, private clubs and lodges, child care centers, commercial greenhouses and plant nurseries, public buildings (but not public schools): Where a use listed under (1) above is erected or expanded on land abutting either (a) a residential district or (b) property used for residential purposes in a residential/office district, then the proposed use shall provide a landscaped buffer which shall be not less than ten feet in width along the affected rear and/or side yards as the case may be.

2.

All other permitted uses (unless otherwise specified): none, except as necessary to meet other requirements set out herein.

4.7.11.

Minimum off-street parking requirements (see also section 4.2):

1.

Residential dwelling units: two spaces for each dwelling unit.

2.

Elementary and junior high schools: two spaces for each classroom or office room, plus one space for each three seats in any auditorium or gymnasium.

3.

Senior high schools: four spaces for each classroom or office room, plus two spaces for each three seats in any auditorium or gymnasium.

4.

Churches or other houses of worship: one space for each six permanent seats in the main auditorium.

5.

Public buildings and facilities (unless otherwise specified): one space for each 200 square feet of floor area.

6.

Private clubs and lodges: one space for each 300 square feet of floor area.

7.

Child care centers: one space for each 300 square feet of floor area devoted to child care activities.

8.

Commercial greenhouses and plant nurseries: one space for each 150 square feet of nonstorage floor area.

9.

For other special exceptions as specified herein: to be determined by findings in the particular case.

4.7.12.

Additional requirements for mobile homes:

1.

Anchoring. Each mobile home shall be located on a stand permitting each unit to be sufficiently supported and anchored as in compliance with the State Standards for Anchoring Mobile Homes. In addition, each mobile home shall have the wheels and axles removed, shall be placed as close to the ground as can be practically accomplished and shall have the tongue or hitch portion of the mobile home removed unless permanently attached in such a manner that it cannot be readily removed.

2.

Skirting. A skirt or apron which is continually and properly maintained by the owner of the mobile home shall surround each mobile home between the bottom of the unit and the ground.

(Ord. No. 2015-04, § 4, 2-3-2015)

4.8.1.

Districts and intent. The RMH-P residential, mobile home park category includes one zone district: RMH-P. It is the intent of this district to provide for mobile homes in approved parks, occupied as one family dwellings. This is a high density district designed to create an environment of residential character and permitting only those uses, activities, and services which are compatible with the residential environment. The RMH-P district is a residential district, not a commercial district. The minimum size for a mobile home park shall be ten acres in order to avoid spotty development and to provide enough area for adequate site design.

4.8.2.

Permitted principal uses and structures:

1.

Mobile home parks.

2.

Public, charter and private elementary schools and, middle schools. Site and development plan approval shall be required, and such site and development plan shall conform at a minimum the performance standards for schools, provided in section 4.2 of these land development regulations.

3.

Churches and other houses of worship.

For uses under (1) above: Site and development plan approval is required (see article 14).

4.8.3.

Permitted accessory uses and structures:

1.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures.

b.

Are located on the same lot as the permitted principal use or structure, or on a contiguous lot in the same ownership.

c.

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in a residential neighborhood.

d.

Do not involve operations or structures not in keeping with the character of residential development.

2.

Examples of permitted accessory uses and structures include:

a.

Private garages.

b.

Private swimming pools.

c.

Noncommercial greenhouses and plant nurseries.

d.

Storage rooms.

e.

Mobile home park administrative/management offices and recreational and laundry facilities intended for use solely by the residents of the mobile home park and their guests.

f.

On-site signs (see section 4.2).

4.8.4.

Prohibited uses and structures: Trade or service establishments or storage in connection with such establishments, retail commercial outlets for sale of new and used mobile homes, storage or overnight parking of commercial or industrial vehicles in excess of one ton capacity, storage of building materials (except in connection with active construction activities on the premises), signs except as specifically permitted, the keeping of horses, cows, swine, sheep, goats, or poultry, and any use or structure not specifically, provisionally, or by reasonable implication permitted herein as a special exception.

4.8.5.

Special exceptions (see also articles 12 and 13):

1.

Golf courses, country clubs, and racquet and tennis clubs.

2.

Cemeteries or mausoleums.

3.

Private clubs and lodges.

4.

Public parks; parks maintained by any private association of persons residing in the district.

5.

Public buildings and facilities in keeping with the character and requirements of the district, except those otherwise specified (see section 4.2).

6.

Home occupations (see section 4.2).

7.

Child care centers, provided that:

a.

No outdoor play activities shall be conducted before 8:00 a.m. or after 8:00 p.m.;

b.

Provision is made for areas for off-street pickup and drop-off of children.

8.

Conference centers.

4.8.6.

Minimum lot requirements (area, width):

1.

Mobile home parks:

Site requirements:

Minimum site area: 10 acres.

Minimum site width: 400 feet.

Minimum land area per dwelling unit: 5,445 square feet. (Density: 8 dwelling units per acre).

Mobile home stand requirements:

Minimum mobile home stand size: 3,500 square feet.

Minimum average width of mobile home stand: 40 feet.

2.

Other permitted uses and structures: None, except as needed to meet all other requirements herein set out.

4.8.7.

Minimum yard requirements (depth of front and rear yard, width of side yards) (see section 4.2 for right-of-way setback requirements):

1.

Mobile home parks: (to be applied at site perimeter)

Front: 35 feet.

Side: 25 feet for each side yard.

Rear: 25 feet.

Special provisions: In a mobile home park, no mobile home shall be located closer than 20 feet to (a) another mobile home, or (b) a mobile home park access or circulation drive.

Special provisions: A minimum 35-foot natural buffer shall be required from all wetlands and a 35-foot natural buffer shall be required from perennial rivers, streams, creeks, lakes and ponds. The location of any structure (excepting permitted docks, walkways and piers) shall be prohibited within these buffer areas, although nonintensive resource-based recreation activities shall be permitted within the riverine and wetland buffer areas.

2.

Public and private schools, child care centers, churches, other houses of worship, private clubs and lodges, conference centers and all other permitted uses unless otherwise specified:

Front: 35 feet.

Side: 25 feet for each side yard.

Rear: 35 feet.

4.8.8.

Maximum height of structures: No portion shall exceed (see also section 4.2 for exceptions) 35 feet.

4.8.9.

Maximum lot coverage by all buildings:

1.

Mobile home parks, including all accessory buildings: 30 percent.

2.

Other permitted buildings in connection with permitted uses, including their accessory buildings: 35 percent.

Note: In addition to meeting the required lot yard, building height, lot coverage, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.8.10.

Minimum landscaped buffering requirements (see also section 4.2):

1.

Mobile home parks: Where a use under (1) above is erected or expanded on land abutting a one family residential district, then the proposed use shall provide a landscaped buffer which shall be not less than 15 feet in width along the affected rear and/or side yards as the case may be.

2.

Churches, other houses of worship, private clubs and lodges, conference centers, child care centers, public buildings (but not public schools): Where a use listed under (2) above is erected or expanded on land abutting a residential district, then the proposed use shall provide a landscaped buffer which shall be not less than ten feet in width along the affected rear and/or side yards as the case may be.

3.

All other permitted uses (unless otherwise specified): None, except as necessary to meet other requirements set out herein.

4.8.11.

Minimum off-street parking requirements (see also section 4.2):

1.

Residential dwelling units: two spaces for each dwelling unit.

2.

Elementary and junior high schools: two spaces for each classroom or office room, plus one space for each three seats in any auditorium or gymnasium.

3.

Senior high schools: four spaces for each classroom or office room, plus two spaces for each three seats in any auditorium or gymnasium.

4.

Churches or other houses of worship: one space for each six permanent seats in the main auditorium.

5.

Public buildings and facilities (unless otherwise specified): one space for each 200 square feet of floor area.

6.

Child care centers: one space for each 300 square feet of floor area devoted to child care activities.

7.

Private clubs and lodges: one space for each 300 square feet of floor area.

8.

For other special exceptions as specified herein: to be determined by findings in the particular case.

4.8.12.

Additional requirements for mobile home parks:

1.

Mobile home stands. The following requirements shall apply:

a.

Each mobile home shall be located on a stand that will permit each unit to be sufficiently supported and anchored as in compliance with the State Standards for Anchoring Mobile Homes.

b.

Each approved mobile home stand shall be clearly defined by stakes or other markers which physically delineate the location of each stand within the mobile home park.

c.

A skirt or apron shall surround each mobile home between the bottom of the unit and the ground. This skirt or apron shall be continually and properly maintained by the owner of the mobile home.

2.

Street or driveway improvements. All streets and drives shall be constructed using generally accepted engineering practices so as to allow proper drainage of the entire area, and to provide access to each mobile home site.

a.

Pavement base. Six inches of compacted limerock.

b.

Wearing surface. One inch of Type II asphalt or concrete surface course or the equivalent as approved as meeting standards established by the city commission.

c.

Pavement width. All streets shall have a minimum pavement width of 20 feet.

3.

Street lighting. All streets or driveways within the park shall be lighted at night with electric lights providing a minimum illumination of 0.2 footcandles.

4.

Usable open space. A minimum of 15 percent of the gross land area within the mobile home park shall be designed for recreational purposes.

5.

Parking. No parking shall be allowed on any mobile home park access or circulation drive.

6.

State regulations. In addition to the requirements listed above, the mobile home park shall comply with all applicable rules and regulations of the State of Florida including F.A.C. ch. 10D-26, as amended.

(Ord. No. 2015-04, § 5, 2-3-2015)

4.9.1.

Districts and intent. The RMF residential, multiple-family category includes two zone districts: RMF-1, and RMF-2. It is the intent of these districts to provide for residential areas of medium to high density and only when community potable water systems and centralized sanitary sewer systems are available and accessible. These zoning districts allow for a desirable variety of housing types together with public and semipublic buildings and facilities and accessory structures as may be compatible with residential development. Nonresidential uses in these districts may be subject to restrictions and requirements necessary to preserve and protect the residential character of these districts. Variation between the RMF-1 and RMF-2 districts is in requirements for density (land area per dwelling unit).

4.9.2.

Permitted principal uses and structures:

1.

Single-family dwellings.

2.

Duplex dwellings.

3.

Multiple-family dwellings.

4.

Public parks and recreational areas.

5.

Homes of six or fewer residents which otherwise meet the criteria of "community residential homes" (see section 4.2).

6.

Community residential facilities (see section 2.1)

7.

Public, charter and private schools to include elementary schools, middle schools, technical schools, high schools, schools for exceptional and gifted children, community colleges and universities. Site and development plan approval shall be required, and such site and development plan shall conform at a minimum the performance standards for schools, provided in section 4.2 of these land development regulations.

8.

Churches and other houses of worship.

For uses under (3) and (7) above: Site and development plan approval is required for multiple-family developments consisting of five or more dwellings or two or more separate buildings (see article 14).

4.9.3.

Permitted accessory uses and structures:

1.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures.

b.

Are located on the same lot as the permitted principal use or structure, or on a contiguous lot in the same ownership.

c.

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in a residential neighborhood.

d.

Do not involve operations or structures not in keeping with the character of residential development.

2.

Examples of permitted accessory uses and structures include:

a.

Private garages.

b.

Private swimming pools.

c.

Noncommercial greenhouses and plant nurseries.

d.

For multiple-family dwellings: administrative/management offices for the multiple-family complex and recreational and laundry facilities intended for use solely by the residents of the multiple-family complex and their guests.

e.

On-site signs (see section 4.2).

4.9.4.

Prohibited uses and structures: Trade or service establishments or storage in connection with such establishments, storage or overnight parking of commercial or industrial vehicles, in excess of one ton capacity, storage of building materials (except in connection with active construction activities on the premises), signs except as specifically permitted, the keeping of horses, cows, swine, sheep, goats, or poultry, and any use or structure not specifically, provisionally, or by reasonable implication permitted herein as a special exception.

4.9.5.

Special exceptions (see also articles 12 and 13):

1.

Golf courses, country clubs, and racquet and tennis clubs.

2.

Cemeteries and mausoleums.

3.

Private clubs and lodges.

4.

Parks maintained by any private association of persons residing in the district.

5.

Public buildings and facilities in keeping with the character and requirements of the district, except those otherwise specified (see section 4.2).

6.

Home occupations (see section 4.2).

7.

Child care centers, provided that:

a.

No outdoor play activities shall be conducted before 8:00 a.m. or after 8:00 p.m.

b.

Provision is made for areas for off-street pickup and drop-off of children.

8.

Group living facilities.

9.

Nursing homes and residential homes for the aged.

10.

Conference centers.

4.9.6.

Minimum lot requirements (area, width):

1.

Single-family dwellings:

Minimum lot area: 7,500 square feet.

Minimum lot width: 75 feet.

2.

Duplexes:

Minimum lot area: 10,000 square feet.

Minimum lot width: 85 feet.

3.

Multiple-family development:

Minimum site area: 16,335 square feet.

Minimum site width: 80 feet.

Minimum land area per dwelling unit:

RMF-1: 5,445 square feet. (Density: eight dwelling units per acre).

RMF-2: 2,178 square feet. (Density: 20 dwelling units per acre).

4.

Other permitted uses and structures: None, except as needed to meet all other requirements herein set out.

4.9.7.

Minimum yard requirements (depth of front and rear yards, width of side yards) (see section 4.2 for right-of-way setback requirements):

1.

Single-family dwellings, mobile homes and duplexes:

Front: 20 feet.

Side: ten feet for each side yard.

Rear: 15 feet.

Special provisions: A minimum 35-foot natural buffer shall be required from all wetlands and a 35-foot natural buffer shall be required from perennial rivers, streams, creeks, lakes and ponds. The location of any structure (excepting permitted docks, walkways and piers) shall be prohibited within these buffer areas, although nonintensive resource-based recreation activities shall be permitted within the riverine and wetland buffer areas.

2.

Multiple-family dwellings (to be applied to site perimeter):

Front: 30 feet.

Side: 15 feet for each side yard.

Rear: 20 feet.

Special provisions; Where two or more multiple-family structures are located together on one site, no detached residential structure shall be closer than 20 feet to another.

3.

Public and private schools, child care centers, churches, other houses of worship, private clubs and lodges, nursing homes, residential homes for the aged, group living facilities, and all other permitted uses unless otherwise specified:

Front: 35 feet.

Side: 25 feet for each side yard.

Rear: 35 feet.

4.9.8.

Maximum height of structures: No portion shall exceed (see also section 4.2 for exceptions) 45 feet.

4.9.9.

Maximum lot coverage by all buildings:

1.

Single-family dwellings, including their accessory buildings: 40 percent.

2.

Duplexes and multiple-family development, including their accessory buildings: 40 percent.

3.

Other permitted buildings in connection with permitted uses, including their accessory buildings: 35 percent.

Note: In addition to meeting the required lot yard, building height, lot coverage, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.9.10.

Minimum landscaped buffering requirements (see also section 4.2):

1.

In the RMF-2 district only, multiple-family dwellings: Where a use listed under (1) above is erected or expanded on land abutting a one family residential district, then the proposed use shall provide a landscaped buffer which shall not be less than 15 feet in width along the affected rear and/or side yards as the case may be.

2.

Churches, other houses of worship, private clubs and lodges, and conference centers, child care centers, public buildings (but not public schools): Where a use listed under (2) above is erected or expanded on land abutting a residential district, then the proposed use shall provide a landscaped buffer which shall be not less than ten feet in width along the affected rear and/or side yards as the case may be.

3.

All other permitted uses (unless otherwise specified): None, except as necessary to meet other requirements set out herein.

4.9.11.

Minimum off-street parking requirements (see also section 4.2):

1.

Each residential dwelling unit: two spaces for each dwelling unit.

2.

Elementary and junior high schools: two spaces for each classroom or office room, plus one space for each three seats in any auditorium or gymnasium.

3.

Senior high schools: four spaces for each classroom or office room, plus two spaces for each three seats in any auditorium or gymnasium.

4.

Churches or other houses of worship: one space for each six permanent seats in the main auditorium.

5.

Public buildings and facilities (unless otherwise specified): one space for each 200 square feet of floor area.

6.

Child care centers: one space for each 300 square feet of floor area devoted to child care activities.

7.

Private clubs and lodges and conference centers: one space for each 300 square feet of floor area.

8.

Group living facilities: one space for each bedroom.

9.

Nursing homes: one space for each two beds.

10.

Residential homes for the aged: one space for each dwelling unit.

11.

For other special exceptions as specified herein: to be determined by findings in the particular case.

(Ord. No. 2015-04, § 6, 2-3-2015)

4.10.1.

Districts and intent. The RO residential/office category includes one zone district: RO. This district is intended for single-family and multiple-family residences together with business and professional offices which are not incompatible with residential uses, and public and semipublic buildings and facilities and accessory structures as may be desirable with such development, as well as surrounding development. This district is not to be deemed a commercial district.

4.10.2.

Permitted principal uses and structures:

1.

Conventional single-family dwellings.

2.

Duplexes.

3.

Multiple-family dwellings.

4.

Medical and dental offices, clinics, and laboratories.

5.

Business and professional offices.

6.

Public, charter and private schools to include elementary schools, middle schools, technical schools, high schools, schools for exceptional and gifted children, community colleges and universities. Site and development plan approval shall be required, and such site and development plan shall conform at a minimum the performance standards for schools, provided in section 4.2 of these land development regulations.

7.

Community residential facilities (see section 2.1).

8.

Churches and other houses of worship.

For uses under (4), (5) and (6) site and development plan approval is required (see article 13).

For uses under (3) above: Site and development plan approval is required for multiple-family developments consisting of five or more dwelling units or two or more separate buildings (see article 13).

4.10.3.

Permitted accessory uses and structures:

1.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures.

b.

Are located on the same lot as the permitted or permissible principal use or structure, or on a contiguous lot in the same ownership.

c.

Are not of a nature likely to be incompatible with residential development due to traffic, noise, dust, glare, odor, or fumes.

2.

Examples of permitted accessory uses and structures include:

a.

Private garages.

b.

Private swimming pools and cabanas.

c.

Noncommercial greenhouses and plant nurseries.

d.

For multiple-family dwellings: administrative/management offices for the multiple-family complex and recreational and laundry facilities intended for use solely by the residents of the multiple-family complex and their guests.

e.

On-site signs (see also section 4.2).

4.10.4.

Prohibited uses and structures: Any use or structure not specifically, provisionally or by reasonable implication permitted herein or permissible by special exception, including the following which are listed for emphasis:

1.

Sales, display, or outside storage of goods or merchandise.

2.

Restaurants.

3.

Automotive service stations and car washes.

4.

Bars, cocktail lounges, taverns, and package store for sale of alcoholic beverages.

4.10.5.

Special exceptions (see also articles 11 and 12):

1.

Parks maintained by any private association of persons residing in the district.

2.

Group living facilities.

3.

Public buildings and facilities, except those otherwise specified (see section 4.2).

4.

Art galleries, community or little theaters (but not moving picture theaters or drive-in movies).

5.

Private clubs and lodges.

6.

Funeral homes without crematories.

7.

Hospitals, nursing homes, and residential homes for the aged.

8.

Home occupations (see section 4.2).

9.

Professional, business, and technical schools, provided [that] all activities are conducted in completely enclosed buildings.

10.

Child care centers and overnight child care centers provided [that]:

a.

No outdoor play activities shall be conducted before 8:00 a.m. or after 8:00 p.m.

b.

Provision is made for areas for off-street pickup and drop-off children.

c.

Fencing: There shall be a fence or wall six feet in height surrounding all play areas, such fence or wall shall be continuous with latching gates at exit and entrance points. The fence or wall may be of masonry construction, chain-link or wood.

11.

Dance, art and music studios.

12.

Recovery homes.

13.

Residential treatment facilities.

14.

Pharmacies.

4.10.6.

Minimum lot requirements (area, width):

1.

Conventional single-family dwellings:

Minimum lot area: 6,000 square feet.

Minimum lot width: 50 feet.

2.

Duplexes:

Minimum lot area: 10,000 square feet.

Minimum lot width: 70 feet.

3.

Multiple-family development:

Minimum site area: 20,000 square feet.

Minimum site width: 80 feet.

Minimum land area per dwelling unit; 5,445 square feet. (Density: eight dwelling units per acre).

4.

Other permitted or permissible uses and structures: None, except as needed to meet all other requirements herein set out.

4.10.7.

Minimum yard requirements (depth of front and rear yard, width of side yards):

1.

Conventional single-family dwellings and duplexes:

Front: 20 feet.

Side: ten feet for each side yard.

Rear: 15 feet.

2.

Multiple-family dwellings (to be applied at site perimeter):

Front: 30 feet.

Side: 15 feet for each side yard.

Rear: 20 feet.

Special provisions: Where two or more multiple-family structures are located together on one site, no detached residential structure shall be closer than 20 feet to another.

3.

Public and private schools, child care centers, overnight child care centers, churches and other houses of worship, private clubs and lodges, nursing homes, residential homes for the aged, group living facilities, public buildings and facilities (unless otherwise specified):

Front: 35 feet.

Side: 25 feet.

Rear: 35 feet.

4.

Medical and dental offices, clinics, and laboratories; hospitals; business and professional offices; and all other permitted or permissible uses unless otherwise specified:

Front: 30 feet.

Side: 20 feet for each side yard.

Rear: 20 feet.

Special provisions: As a minimum, no less than ½ the depth of any required front yard shall be maintained as a landscaped area; the remainder may be used for off-street parking, but not for buildings. The depth of this landscaped area shall be measured at right angles to property lines and shall be established along the entire length of and contiguous to the designated property line or lines. This landscaped area may be penetrated at right angles by driveways.

Special provisions: A minimum 35-foot natural buffer shall be required from all wetlands and a 35-foot buffer shall be required from perennial rivers, streams, creeks, lakes and ponds. The location of any structure (excepting permitted docks, walkways and piers) shall be prohibited within these buffer areas, although nonintensive resource-based recreation activities shall be permitted within the riverine and wetland buffer area.

4.10.8.

Maximum height of structures: No portion shall exceed (see also section 4.2) 35 feet.

4.10.9.

Maximum lot coverage by all buildings:

1.

Conventional single-family dwellings including their accessory buildings: 40 percent.

2.

Duplexes and multiple-family development, including their accessory buildings: 40 percent.

3.

Other permitted buildings in connection with permitted or permissible uses, including their accessory buildings: 35 percent.

4.10.10.

Minimum landscaped buffering requirements (see also section 4.2):

1.

Medical and dental offices, clinics, and laboratories; business and professional offices; art galleries; community or little theaters; dance, art, and music studios; funeral homes; hospitals; nursing homes; churches; other houses of worship; private clubs and lodges; child care centers; overnight child care centers; public buildings (but not public schools): Where a use listed under (1) above is erected or expanded on land abutting either (a) a residential district or (b) property used for residential purposes in a residential/office district, then the proposed use shall provide a landscaped buffer which shall be not less than ten feet in width along the affected rear and/or side yards as the case may be.

2.

All other permitted or permissible uses (unless otherwise specified): None, except as necessary to meet other requirements set out herein.

4.10.11.

Minimum off-street parking requirements (see also section 4.2):

1.

Each residential dwelling unit: two spaces for each dwelling unit.

2.

Medical or dental offices, clinics, and laboratories: one space for each 150 square feet of floor area.

3.

Business and professional offices: one space for each 200 square feet of floor area.

4.

Public buildings and facilities (unless otherwise specified): one space for each 200 square feet of floor area.

5.

Art galleries: one space for each 300 square feet of floor area.

6.

Community or little theaters: one space for each four seats.

7.

Dance, art, and music studios: one space for each 350 square feet of floor area.

8.

Private clubs and lodges: one space for each 300 square feet of floor area.

9.

Churches and other houses of worship: one space for each six permanent seats in the main auditorium.

10.

Funeral homes: one space for each three seats in the chapel.

11.

Elementary and junior high schools: two spaces for each classroom or office room, plus one space for each three seats in any auditorium or gymnasium.

12.

Senior high school: four spaces for each classroom or office room, plus two spaces for each three seats in any auditorium or gymnasium.

13.

Professional, business, and technical schools: one space for each 200 square feet of floor area.

14.

Hospitals: one space for each bed.

15.

Nursing homes: one space for each two beds.

16.

Childcare centers and overnight child care centers: one space for each 300 square feet of floor area devoted to child care activities.

17.

Residential homes for the aged: one space for each dwelling unit.

18.

Recovery homes: one space for each bedroom.

19.

Residential treatment facilities: one space for each bed.

20.

Pharmacies: one space for each 150 square feet of nonstorage floor area.

21.

For other special exceptions as specified herein: to be determined by findings in the particular case.

(Ord. No. 2015-04, § 7, 2-3-2015)

4.11.1.

Districts and intent. The CN commercial, neighborhood category includes one zone district: CN. It is the intent of this district to provide for small scale retail and service developments which serve the convenience needs of a limited population and/or geographic area (i.e., a neighborhood). In accordance with the comprehensive plan, this district is not intended to accommodate major or large scale commercial or service activities. The CN district is intended to be oriented to and compatible with the neighborhood to be served, and shall be located on a collector or arterial road.

4.11.2.

Permitted principal uses and structures:

1.

Retail commercial outlets for sale of food, hardware and drugs.

2.

Service establishments such as a barber[shop] or beauty shop, shoe repair shop, self-service laundry or dry cleaner, laundry or dry cleaning pickup station.

3.

Auto self-service stations (see section 4.2 for special design standards for automotive service and self service stations).

4.

Itinerant food vendor operations.

The above uses are subject to the following limitations: (1) floor area of each individual outlet or establishment shall not exceed 3,000 square feet; (2) sale, display, preparation, and storage to be conducted within a completely enclosed building, and no more than 20 percent of floor area to be devoted to storage; (3) products to be sold only at retail; and (4) site and development plan approval is required for all developments greater than 3,000 square feet of gross floor area; provided, however, that the 3,000 square feet exemption provision shall apply only once to any such structures (see article 14).

(Ord. No. 2003-8, § 1, 5-5-2003; Ord. No. 2007-04, § 2, 5-7-2007)

4.11.3.

Permitted accessory uses and structures:

1.

On the same premises and in connection with permitted principal uses and structures, dwelling units only for occupancy by owners or employees thereof.

2.

On-site signs (see section 4.2)

3.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures.

b.

Are located on the same lot as the permitted use or structure, or on a contiguous lot in the same ownership.

c.

Do not involve operations or structures not in keeping with the character of the district.

4.11.4.

Prohibited uses and structures:

1.

Any use or structure not specifically, provisionally, or by reasonable implication permitted herein.

2.

Residential uses, except as specified under CN accessory uses.

4.11.3. [4.11.5.]

Special exceptions (see also articles 12 and 13):

1.

Automotive service stations (see section 4.2 for special design standards for automotive service stations).

2.

Child care centers and overnight child care centers, provided [that]:

a.

No outdoor play activities shall be conducted before 8:00 a.m. or after 8:00 p.m.

b.

Provision is made for areas for off-street pickup and dropoff of children.

c.

Fencing: There shall be a fence or wall six feet in height surrounding all play area, such fence or wall shall be continuous with latching gates at exit and entrance points. The fence or wall may be of masonry construction, chainlink or wood.

3.

Financial institutions.

4.

Public buildings and facilities.

5.

Veterinary clinics, provided that no open runs or buildings used for housing of animals (commercial kennel) shall be permitted. Although cages and runs completely enclosed within an air/conditioned/heated and soundproofed portion of the veterinary clinic, may be permitted, where it can be shown to be compatible with the existing adjacent uses.

4.11.6.

Minimum lot requirements (area, width): None, except as necessary to meet other requirements as set out herein.

4.11.7.

Minimum yard requirements (depth of front and rear yard, width of side yards) (see section 4.2 for right-of-way setback requirements):

1.

Commercial and service establishments (unless otherwise specified):

Front: 25 feet.

Side: ten feet for each side yard.

Rear: 15 feet.

2.

Child care centers and overnight child care centers:

Front: 20 feet.

Side: ten feet for each side yard.

Rear: 15 feet.

Special provisions: A minimum 35-foot natural buffer shall be required from all wetlands and a 35-foot natural buffer shall be required from perennial rivers, streams, creeks, lakes and ponds. The location of any structure (except permitted docks, walkways and piers) shall be prohibited within these buffer areas, although nonintensive resource-based recreation activities shall be permitted within the riverine and wetland buffer areas.

4.11.8.

Maximum height of structures: No portion shall exceed (see also section 4.2 for exceptions) 35 feet.

4.11.9.

Maximum lot coverage by all buildings: 40 percent.

Note: In addition to meeting the required lot yard, building height, lot coverage, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.11.10.

Minimum landscaped buffering requirements (see also section 4.2):

1.

All permitted uses (unless otherwise specified): Where a use listed under (1) above is erected or expanded on land abutting a residential district, then the proposed use shall provide a landscaped buffer which shall be not less than 20 feet in width along the affected rear and/or side yards as the case may be.

4.11.11.

Minimum off-street parking requirements (see also section 4.2):

1.

Commercial and service establishments (unless otherwise specified): one space for each 150 square feet of nonstorage floor area.

2.

Childcare centers and overnight child care centers: one space for each 300 square feet of floor area devoted to child care activities.

3.

Each residential dwelling unit: two spaces for each dwelling unit.

Note: Off-street loading required (see section 4.2)

4.12.1.

Districts and intent. The CG commercial, general category includes one zone district: CG. This district is intended for general retail commercial, office and service activities which serve a market area larger than a neighborhood. While some of the same types of uses are found in CN areas, the CG areas are generally greater in scale and intensity. Businesses in this category require locations convenient to automotive traffic and ample off-street parking is required; however, pedestrian traffic may also be found in this district. This district is not suitable for highly automotive-oriented uses.

4.12.2.

Permitted principal uses and structures:

1.

Retail commercial outlets for sale of groceries, wearing apparel, fabric, toys, sundries and notions, books and stationery, leather goods and luggage, paint, glass, wallpaper, jewelry (including repair) art, cameras or photographic supplies (including camera repair), sporting goods, hobby shops and pet shops (but not animal kennels), musical instruments, optical goods, television and electronic products (including repair incidental to sales), florist or gift shop, delicatessen, bake shop (but not wholesale bakery), drugs, plants and garden supplies (including outside storage of plants and materials), automotive vehicle parts and accessories (but not junkyards or automotive wrecking yards), and similar uses.

2.

Retail commercial outlets for sale or rental of home furnishings (furniture, floor coverings, draperies, upholstery) and appliances (including repair incidental to sales), office equipment or furniture, hardware, and secondhand merchandise (in completely enclosed buildings), and similar uses.

3.

Service establishments such as barber[shop] or beauty shop, shoe repair shop, restaurant, interior decorator, photographic studio, art or dance or music studio, reducing salon or gymnasium, animal grooming, self-service laundry or dry cleaner, tailor or dressmaker, laundry or dry cleaning pickup station, and similar uses.

4.

Service establishments such as radio or television station (but not television or radio towers or antennae); funeral home, crematories, television and electronic repair shops, appliance repair shops, letter shops and printing establishments, pest control services, and similar uses.

5.

Medical or dental offices, clinics, and laboratories.

6.

Business and professional offices.

7.

Newspaper offices.

8.

Banks and financial institutions.

9.

Professional, business, vocational and technical schools. Site and development plan shall conform, at a minimum, to the performance standards for schools provided in section 4.2 of these land development regulations.

10.

Commercial recreational facilities in completely enclosed, soundproof buildings, such as indoor motion picture theaters, community or little theaters, billiard parlors, bowling alleys, and similar uses.

11.

Hotels, motels, and bed and breakfast establishments.

12.

Dry cleaning and laundry package plants in completely enclosed buildings using nonflammable liquids such as perchlorethylene and with no odor, fumes, or steam detectable to normal senses from off the premises.

13.

Residential dwelling units which existed within this district on the date of adoption or amendment of these land development regulations.

14.

Churches and other houses of worship.

15.

Art galleries and museums.

16.

Private clubs and lodges.

17.

Miscellaneous uses such as telephone exchanges.

18.

Recovery homes.

19.

Residential treatment facilities.

20.

Automotive self-service station. (see section 4.2 for special design standards for automotive self-service stations).

21.

Printing, photographic processing, blue printing or similar establishments for retail purposes only.

22.

Radio and television stations, provided [that] no towers or antennae which exceed the height of the structure housing the radio or television station.

23.

Automotive service stations (see section 4.2 for special design standards for automotive service stations).

24.

Rental of automotive vehicles, trailers and trucks.

25.

Auction house (no livestock) and antiques retail sales.

26.

Itinerant food vendor operations.

27.

Compound/mixed uses (defined as any use of a building for either conventional single-family, duplex, or multiple-family residential use and nonresidential use, either of which may be the principal use).

Unless otherwise specified, the above uses are subject to the following limitations: (1) sale, display, preparation, and storage to be conducted within a completely enclosed building and no more than 30 percent of floor space to be devoted to storage; (2) products to be sold only at retail; and (3) site and development plan approval (see article 14) is required for the following uses:

1.

All permitted principal uses and structures greater than 3,000 square feet gross floor area; provided, however, that the 3,000 square feet exemption provision shall apply only once to any such structures.

4.12.3.

Permitted accessory uses and structures:

1.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures.

b.

Are located on the same lot as the permitted use or structure, or on a contiguous lot in the same ownership.

c.

Do not involve operations or structures not in keeping with the character of the district.

2.

On-site signs (see section 4.2).

4.12.4.

Prohibited uses and structures:

1.

Manufacturing activities, except as specifically permitted.

2.

Any other uses or structures not specifically, provisionally or by reasonable implication permitted herein. Any use which is potentially dangerous, noxious or offensive to neighboring uses in the district or to those who pass on public ways by reason of smoke, odor, noise, glare, fumes, gas, vibration, threat of fire or explosion, emission of particular matter, interference with radio or television reception, radiation, or likely for other reasons to be incompatible with the character of the district. Performance standards apply (see section 4.2).

4.12.5.

Special exceptions (see also articles 12 and 13):

1.

Package store for sale of alcoholic beverages, bar, tavern or cocktail lounge; tobacco shop; or vaping and e-cigarettes shop. All tobacco and e-cigarette sales shall comply with the Provisions of Alachua County Ordinance 2019-04. (NOTE: Tobacco and e-cigarette sales of less than ten percent of all merchandise sold as permitted within this district does not require a special exception.)

2.

Hospitals and nursing homes.

3.

Motor bus or other transportation terminals.

4.

Child care centers and overnight child care centers, provided that:

a.

No outdoor play activities shall be conducted before 8:00 a.m. or after 8:00 p.m.; and

b.

Provision is made for areas for off-street pickup and dropoff of children.

5.

Public buildings and facilities.

6.

Service establishments such as repair and service garage, motor vehicle body shop, car wash, animal boarding kennels in soundproof buildings, plant nursery or landscape contractor, carpenter or cabinet shop, ice delivery station, upholstery shop, marina and boat sales, commercial water softening establishment, rental of automotive vehicles, trailers, and trucks.

7.

Commercial recreation facilities such as drive-in theater (see section 4.2), golf driving range, miniature golf course, skating rink, skateboard arena, go-cart track, and similar uses.

8.

Retail commercial establishments for sale, repair, and service of new and used automobiles, motorcycles, trucks and tractors, mobile homes, boats, heavy machinery and equipment, and farm equipment; motor vehicle body shop; establishments for sale of farm supplies, lumber and building supplies, monuments, tattoo parlors and similar uses.

9.

Building trades contractor.

10.

Commercial parking lots and parking garages not on the same site as the principal permitted use.

4.12.6.

Minimum lot requirements (area, width):

1.

All permitted uses and structures (unless otherwise specified):

Minimum lot area: None.

Minimum lot width: None.

4.12.7.

Minimum yard requirements (depth of front and rear yard, width of side yards) (see section 4.2 for right-of-way setback requirements):

1.

All permitted uses and structures (unless otherwise specified):

Front: 20 feet.

Side: None, except where a side yard is provided, then a side yard of at least ten feet must be provided.

Rear: 15 feet.

2.

Child care centers and overnight child care centers:

Front: 20 feet.

Side: ten feet for each side yard.

Rear: 15 feet.

Special provisions: A minimum 35-foot natural buffer shall be required from wetlands and a 35-foot natural buffer shall be required from perennial rivers, streams, creeks, lakes and ponds. The location of any structure (except permitted docks, walkways and piers) shall be prohibited within these buffer areas, although nonintensive resource-based recreation activities shall be permitted within the riverine buffer areas.

4.12.8.

Maximum height of structures: No portion shall exceed (see also section 4.2 for exceptions) 35 feet.

4.12.9.

Maximum lot coverage by all buildings: In addition to meeting the required lot yard, building height, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.12.10.

Minimum landscaped buffering requirements (see also section 4.2):

1.

All permitted uses (unless otherwise specified): Where a use listed under (1) above is erected or expanded on land abutting a residential district, then the proposed use shall provide a landscaped buffer which shall be not less than ten feet in width along the affected rear and/or side yards as the case may be.

2.

Existing single-family dwellings and mobile homes: None, except as necessary to meet other requirements set out herein.

4.12.11.

Minimum off-street parking requirements (see also section 4.2):

1.

Commercial and service establishments (unless otherwise specified): one space for each 150 square feet of nonstorage floor area.

2.

Commercial establishments selling home furnishings and major appliances, and office equipment and furniture: one space for each 500 square feet of nonstorage floor area.

3.

Restaurants, cocktail lounges, bars, and taverns: one space for each three seats in public rooms.

4.

Funeral homes: one space for each three seats in the chapel.

5.

Medical or dental offices, clinics, or laboratories: one space for each 150 square feet of floor area.

6.

Business and professional offices: one space for each 200 square feet of floor area.

7.

Newspaper office: one space for each 350 square feet of floor area.

8.

Public buildings and facilities (unless otherwise specified): one space for each 200 square feet of floor area.

9.

Banks and financial institutions: one space for each 150 square feet of nonstorage floor area.

10.

Professional, business, and technical schools: one space for each 200 square feet of floor area.

11.

Community and little theaters, indoor motion picture theaters: one space for each four seats.

12.

Hotels and motels: one space for each sleeping room, plus two spaces for the owner or manager, plus required number of spaces for each accessory use such as restaurant, bar, etc., as specified.

13.

Dry cleaning and laundry package plants: one space for each 150 square feet of nonstorage floor area.

14.

Each residential dwelling unit: two spaces for each dwelling unit.

15.

Churches and houses of worship: one space for each six permanent seats in main auditorium.

16.

Art galleries: one space for each 300 square feet of floor area.

17.

Dance, art, and music studios: one space for each 350 square feet of floor area.

18.

Private clubs and lodges: one space for each 300 square feet of floor area.

19.

Hospitals: one space for each bed.

20.

Nursing homes: one space for each three beds.

21.

Telephone exchange, motor bus or other transportation terminals: one space for each 350 square feet of floor area.

22.

Childcare centers and overnight child care centers: one space for each 300 square feet of floor area devoted to child care activities.

23.

Express or parcel delivery office, motor bus or other transportation terminal: one space for each 350 square feet of floor area.

24.

Palmist, astrologist, psychics, clairvoyants, and phrenologist: one space for each 200 square feet of floor area.

25.

Wholesale establishments: one space for each 500 square feet of floor area.

26.

Warehouse or storage use only: one space for each 1,500 square feet of floor area.

27.

Each existing residential dwelling unit: two spaces for each dwelling unit.

28.

For other special exceptions as specified herein: to be determined by findings in the particular case.

Note: Off-street loading required (see section 4.2).

(Ord. No. 2003-8, § 2, 5-5-2003; Ord. No. 2007-04, § 2, 5-7-2007; Ord. No. 2009-26, §§ 1, 2, 12-15-2009; Ord. No. 2020-02, § 3, 6-2-2020)

4.13.1.

Districts and intent. The C-CBD commercial, central business district category includes one zone district: C-CBD. It is the intent that this district be applied only to that area which forms the city's center for financial, commercial, governmental, professional, cultural, and associated activities. The intent of this district is to encourage the development of the central business district as a focal point for the community which provides the services for people to live, work, and shop. The regulations in this section are designed to: (1) protect and enhance the district's suitability for activities which need a central location; (2) discourage uses which do not require a central location; and (3) discourage uses which may create friction with pedestrian traffic and the primary activities for which the district is intended. Heavily automotive oriented uses are, as a rule, prohibited.

4.13.2.

Permitted principal uses and structures: As for CG, and in addition:

1.

Convention centers and auditoriums.

2.

Wholesaling from sample stocks only, providing no manufacturing or storage for distribution is permitted on the premises.

3.

Conventional single-family, duplex, and multiple-family dwellings.

4.

Compound uses (defined as any use of land or building for either conventional single-family, duplex, or multiple-family residential use and nonresidential use, either of which may be the principal use).

5.

Itinerant food vendor operations.

For all permitted uses and structures greater than 3,000 square feet gross floor area; provided, however, that the 3,000 square feet exemption provision shall apply only once to any such structures, site and development plan approval is required (see article 14).

For all permitted uses, site and development plan approval is required (see article 13).

4.13.3.

Permitted accessory uses and structures:

1.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures.

b.

Are located on the same lot as the permitted or permissible use or structure, or on a contiguous lot in the same ownership.

c.

Do not involve operations or structures not in keeping with the character of the district.

2.

On-site signs (see also section 4.2).

3.

On the same premises and in conjunction with permitted principal uses and structures, dwelling units only for occupancy by owners or employees thereof.

4.13.4.

Prohibited uses and structures:

1.

Manufacturing, except of goods for sale at retail on the premises.

2.

Warehousing and storage except as accessory to be permitted principal use.

3.

Sales, service, display, or storage of goods except in completely enclosed buildings. Retail commercial outlets for sale of new and used automobiles are exempted from provision for prohibition of outside display.

4.

Heavily automotive uses such as sale of motorcycles, trucks and tractors, mobile homes, boats, heavy machinery, dairy supplies, feed, fertilizer, lumber and building supplies, and monuments.

5.

Package store for sale of alcoholic beverages; tobacco shops; vaping, e-cigarette shops.

4.13.5.

Special exceptions (see also articles 11 and 12):

1.

Bar, tavern, or cocktail lounge.

2.

Brewpubs and microbreweries.

3.

Public buildings and facilities (see section 4.2).

4.

Childcare centers and overnight childcare centers, provided that:

a.

No outdoor play activities shall be conducted before 8:00 a.m. or after 8:00 p.m.

b.

Provision is made for areas for off-street pickup and drop-off of children.

5.

Tattoo parlors.

4.13.6.

Minimum lot requirements (area, width): None, except as needed to meet all other requirements herein set out.

4.13.7.

Minimum yard requirements (depth of front and rear yard, width of side yard): None, except as needed to meet all other requirements herein set out.

Special provisions: A minimum 35-foot natural buffer shall be required from all wetlands and a 35-foot buffer shall be located for perennial rivers, streams, creeks, lakes and ponds. The location of any structure (excepting permitted docks, walkways and piers) shall be prohibited within these buffer areas, although nonintensive resource-based recreation activities shall be permitted within the riverine and wetland buffer area.

4.13.8.

Maximum height of structures: No portion shall exceed (see also section 4.2 for exceptions) 72 feet.

4.13.9.

Maximum lot coverage by all buildings: Unrestricted, except as necessary to meet other requirements as set out herein.

4.13.10.

Minimum landscaping buffering requirements (see also section 4.2):

1.

All permitted or permissible uses (unless otherwise specified): Where a use listed under (1) above is erected or expanded on land abutting either (a) a residential district or (b) property used for residential purposes in a residential/office district, then the proposed use shall provide a landscaped buffer which shall not be less than ten feet in width along the affected rear and side yards or both as the case may be.

2.

Existing one- and two-family dwellings: None, except as necessary to meet other requirements set out herein.

4.13.11.

Minimum off-street parking requirements (see also section 4.2):

1.

Churches and other houses of worship: one space for each six permanent seats in main auditorium.

2.

Private clubs and lodges: one space for each 300 square feet of floor area.

3.

Other permitted or permissible uses: None.

4.

Each residential dwelling unit: two spaces for each dwelling unit.

Note: Off-street loading required (see section 4.2).

(Ord. No. 2003-08, § 3, 5-5-2003; Ord. No. 2007-04, § 2, 5-7-2007; Ord. No. 2020-02, §§ 4, 5, 6-2-2020; Ord. No. 2021-04, § 3, 8-3-2021)

4.14.1.

Districts and intent. The CIW commercial intensive and warehousing category includes one zone district: CIW. This district is intended for intensive, highly automotive-oriented uses that require a conspicuous and accessible location convenient to streets carrying large volumes of traffic. Such activities generally require large land areas, do not cater directly in appreciable degree to pedestrians, and require ample off-street parking and off-street loading space. This district permits certain uses not of a neighborhood or general commercial type and serves the entire city. Regulations for this district are intended to prevent or reduce adverse impacts between the more intensive industrial districts and general commercial or residential districts.

4.14.2.

Permitted principal uses and structures: As for CG, and in addition:

1.

Retail commercial outlets for sale of new and used automobiles, motorcycles, trucks and tractors, mobile homes, boats, heavy machinery and equipment, dairy supplies, feed, fertilizer, lumber and building supplies, monuments, and outdoor retail commercial display areas associated with sale of said items.

2.

Service establishments such as repair and service garage, motor vehicle body shop, car wash, auction house (but not including livestock auction arena), laundry or dry cleaning establishment, animal boarding kennels in soundproof buildings, plant nursery or landscape contractor, carpenter or cabinet shop, home equipment rental, ice delivery station, upholstery shop, marina and boat sales, commercial water softening establishment, rental of automotive vehicles, trailers, and trucks.

3.

Commercial recreation facilities such as golf driving range, miniature golf course, skating rink, skateboard arena, go-cart track, and similar uses.

4.

Miscellaneous uses such as express or parcel delivery office, motor bus or other transportation terminal.

5.

Wholesale, warehouse or storage (including miniwarehouses) use in completely enclosed buildings. However, storage of boats, trailers, recreational vehicles, automobiles, and similar activities may be stored outside of enclosed building subject to being enclosed by a fence as defined within these land development regulations. The bulk storage of flammable liquids is not permitted.

6.

Building trades contractor with on premises storage yard for materials and equipment. No manufacture of concrete or asphalt permitted.

7.

Rental of automotive vehicles, trailers and trucks.

8.

Light manufacturing, assembling, processing, packaging or fabricating in a completely enclosed building.

9.

Truckstops and automotive service stations (see section 4.2 for special design standards for automotive service stations).

10.

Itinerant food vendor operations.

Site and development plan approval (see article 14) is required for all development greater than 3,000 square feet gross floor area; provided, however, that the 3,000 square feet exemption provision shall apply only once to any such structures.

4.14.3.

Permitted accessory uses and structures:

1.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures.

b.

Are located on the same lot as the permitted use or structure, or on a contiguous lot in the same ownership.

c.

Do not involve operations or structures not in keeping with the character of the district.

2.

On-site signs (see also section 4.2).

3.

Outdoor storage yard in connection with permitted use only; provided, [however, that] this provision shall not permit wrecking yards (including automobile wrecking yard), junkyards, or yards used in whole or in part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, or secondhand automotive parts.

4.

On the same premises and in connection with permitted principal uses and structures, dwelling units only for the occupation of owners or employees of the principal use.

4.14.4.

Prohibited uses and structures:

1.

General industrial manufacturing activities, except as specifically permitted.

2.

Any other uses or structures not specifically, provisionally or by reasonable implication permitted herein. Any use which is potentially dangerous, noxious or offensive to neighboring uses in the district or to those who pass on public ways by district. Performance standards apply (see section 4.2).

4.14.5.

Special exceptions (see also articles 12 and 13):

1.

Package store for sale of alcoholic beverages, bar, tavern or cocktail lounge.

2.

Off-site signs (see also section 4.2).

3.

Agricultural fairs and fairground activities, livestock auction arenas.

4.

Commercial tourist attractions.

5.

Public buildings and facilities.

6.

Private clubs and lodges.

7.

Bed and breakfast inns.

4.14.6.

Minimum lot requirements (area, width):

1.

All permitted uses and structures (unless otherwise specified): None, except as needed to meet the other requirements as set out herein.

4.14.7.

Minimum yard requirements (depth of front and rear yard, width of side yard) (see section 4.2 for right-of-way setback requirements):

1.

All permitted uses and structures (unless otherwise specified):

Front: 20 feet.

Side: None, except where a side yard is provided, then a side yard of at least ten feet must be provided.

Rear: 15 feet.

Special provisions:

The location of any structure (except permitted docks, walkways and piers) shall be setback a minimum of 35 feet from wetlands.

The location of any structure (except permitted docks, walkways and piers) shall be setback a minimum of 35 feet from perennial streams and creeks.

4.14.8.

Maximum height of structures: No portion shall exceed (see also section 4.2 for exceptions) 35 feet.

4.14.9.

Maximum lot coverage by all buildings: In addition to meeting the required lot yard, building height, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.14.10.

Minimum landscaped buffering requirements (see also section 4.2):

1.

All permitted uses (unless otherwise specified): Where a use listed under (1) above is erected or expanded on land abutting a residential district, then the proposed use shall provide a landscaped buffer which shall be not less than ten feet in width along the affected rear and/or side yards as the case may be.

4.14.11.

Minimum off-street parking requirements (see also section 4.2):

1.

For uses specifically listed under CG: As for CG off-street parking requirements.

2.

Commercial or service establishments (unless otherwise specified); agricultural fairs and fairgrounds; livestock auction arena: one space for each 350 square feet of floor area, plus, where applicable, one space for each 1,000 square feet of lot or ground area outside buildings used for any type of sales, display, or activity.

3.

Express or parcel delivery office, motor bus or other transportation terminal: one space for each 350 square feet of floor area.

4.

Palmist, astrologist, psychics, clairvoyants, and phrenologist: one space for each 200 square feet of floor area.

5.

Wholesale establishments: one space for each 500 square feet of floor area.

6.

Warehouse or storage use only: one space for each 1,500 square feet of floor area.

7.

Each existing residential dwelling unit: two spaces for each dwelling unit.

8.

Public buildings and facilities.

9.

Churches and houses of worship.

10.

Private clubs and lodges.

11.

Bed and breakfast inn; in addition to parking required for the residence, one parking space shall be provided for each guestroom. The board of adjustment may vary the parking requirement for those properties listed on the city's historic landmark or site list based upon site constraints including, but not limited to, small yards, inadequate space for parking, and the availability of on-street parking.

12.

For other special exceptions as specified herein: to be determined by findings in the particular case.

Note: Off-street loading required (see section 4.2).

(Ord. No. 2003, § 4, 5-5-2003; Ord. No. 2007-04, § 2, 5-7-2007)

4.15.1.

Districts and intent. The IL industrial, light category includes one zone district: IL. This district is intended for light manufacturing, processing, storage, wholesaling, and distribution. Service and commercial activities relating to the character of the district and supporting its activities are permitted. Certain commercial uses relating to automotive and heavy equipment sales and repair, as well as warehousing are permitted, but this district shall not be deemed commercial in character. Regulations for this district are intended to prevent or reduce adverse impacts between the uses in this district, and also to protect nearby commercial districts. Performance standards are applied at lot lines (see section 4.2).

4.15.2.

Permitted principal uses and structures:

1.

Wholesaling, warehousing, storage or distribution establishments and similar uses.

2.

Research laboratories and activities in completely enclosed buildings.

3.

Light manufacturing, assembling, processing (including food processing, but not slaughterhouses), packaging or fabricating in completely enclosed building.

4.

Printing, lithographing, publishing, photographic processing, blueprinting or similar establishments.

5.

Outdoor storage yards and lots, provided [that] this provision shall not permit wrecking yards (including automobile wrecking yards), junkyards, or yards used in whole or in part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, or secondhand automotive parts.

6.

Retail commercial establishments for sale, repair, and service of new and used automobiles, motorcycles, trucks and tractors, mobile homes, boats, heavy machinery and equipment, and farm equipment; motor vehicle body shop; establishments for sale of farm supplies, lumber and building supplies, monuments, automotive vehicle parts and accessories (but not junkyards or automotive vehicle wrecking yards), and similar uses.

7.

Service establishments catering to commerce and industry including linen supply, freight movers, communications services, business machine services, canteen services, restaurants, employment agencies, sign companies, pest control, water softening establishments and similar uses.

8.

Vocational, technical, trade, or industrial schools and similar uses.

9.

Medical clinics in connection only with industrial activity.

10.

Miscellaneous uses such as express or parcel delivery offices, telephone exchanges, commercial parking lots and garages, motor bus or truck or other transportation terminals.

11.

Radio and television stations.

12.

Building trades contractors including on premises storage yard for materials and equipment, but no manufacturing of concrete or asphalt is permitted.

13.

Railroad switching, freight, and storage yards; railroad buildings and maintenance structures.

14.

Machine shops.

16.

Truckstops and automotive service and self service stations (see section 4.2 for special design standards for automotive service stations).

Site and development plan approval (see article 14) is required for all developments greater than 3,000 square feet gross floor area; provided, however, that the 3,000 square feet exemption provision shall apply only once to any such structures.

4.15.3.

Permitted accessory uses and structures:

1.

Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures.

2.

On-site signs (see section 4.2).

3.

On the same premises and in connection with permitted principal uses and structures, dwelling units only for the occupation of owners or employees of the principal use.

4.15.4.

Prohibited uses and structures. Any uses or structures not specifically, provisionally, or by reasonable implication permitted herein, including the following, which are listed for purposes of emphasis:

1.

Yards or lots for scrap or salvage operations or for processing, storage, display, or sale of any scrap, salvage, or secondhand building materials and automotive vehicle parts.

2.

Wrecking yards (including automotive vehicle wrecking yards) and junkyards.

3.

Manufacturing activities not in completely enclosed buildings.

4.

Any use not conforming with performance standards of section 4.2.

4.15.5.

Special exceptions (see also articles 12 and 13):

1.

Off-site signs (see also section 4.2).

2.

Public buildings and facilities.

3.

Petroleum bulk storage and sales.

4.15.6.

Minimum lot requirements (area, width):

1.

All permitted and structures (unless otherwise specified): None, except as needed to meet the other requirements as set out herein.

4.15.7.

Minimum yard requirements (depth of front and rear yard, width of side yard) (see section 4.2 for right-of-way setback requirements):

1.

All permitted or permissible uses and structures (unless otherwise specified):

Front: 20 feet, of which no less than ½ the depth shall be maintained as a landscaped area; the remainder may be used for off-street parking, but not for buildings. The depth of this landscaped area shall be measured at right angles to property lines and shall be established along the entire length of and contiguous to the designated property line or lines. This landscaped area may be penetrated at right angles by driveways.

Side and rear: 15 feet, except where [a] railroad spur abuts [the] side or rear property line, in which case no yard is required.

Special provisions:

The location of any structure (except permitted docks, walkways and piers) shall be setback a minimum of 35 feet from wetlands.

The location of any structure (except permitted docks, walkways and piers) shall be setback a minimum of 35 feet from perennial streams and creeks.

4.15.8.

Maximum height of structures: No portion shall exceed (see also section 4.2 for exceptions) 72 feet.

4.15.9.

Maximum lot coverage by all buildings: In addition to meeting the required yard, building height, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.15.10.

Minimum landscaped buffering requirements (see also section 4.2):

1.

All permitted uses (unless otherwise specified): Where a use listed under (1) above is erected or expanded on land abutting a residential district, then the proposed use shall provide a landscaped buffer which shall be not less than 25 feet in width along the affected rear and/or side yards as the case may be.

4.15.11.

Minimum off-street parking requirements (see also section 4.2):

1.

Warehousing and storage only: one space for each 1,500 square feet of floor area.

2.

Retail commercial establishments for sale, repair, and service of new and used automobiles, motorcycles, trucks and tractors, mobile homes, boats, heavy machinery and equipment, and farm equipment; motor vehicle body shops; retail establishments for sale of farm supplies, lumber and building supplies, monuments, and automotive vehicle parts and accessories; crematories; and similar uses: one space for each 350 square feet of floor area, plus, where applicable, one space for each 1,000 square feet of lot or ground area outside buildings used for any type of sales, display, or activity.

3.

Restaurants: one space for each three seats in public rooms.

4.

Miscellaneous uses such as express or parcel delivery office, telephone exchange, motor bus or truck or other transportation terminal: one space for each 350 square feet of floor area.

5.

For uses specifically listed under CIW: As for CIW off-street parking requirements.

6.

Other permitted uses (unless otherwise specified): one space for each 500 square feet of floor area.

7.

For other special exceptions as specified herein: to be determined by findings in the particular case.

Note: Off-street loading required (see section 4.2).

(Ord. No. 2003-08, § 5, 5-5-2003; Ord. No. 2019-01, § 1, 2-19-2019; Ord. No. 2019-14, § 2, 11-5-2019)

4.16.1.

Districts and intent. The I industrial category includes one zone district: I. This district is intended primarily for manufacturing and closely related uses. It is intended to preserve such lands for the functions of industrial activity, wholesaling, warehousing and distribution. To allow maximum latitude for operations, performance standards are applied at district boundaries, so that uses which might not otherwise be permitted are allowable in the portions of the district not adjacent to the district boundary lines.

4.16.2.

Permitted principal uses and structures: All uses permitted as permitted principal uses and structures, as well as uses permitted as special exceptions within the IL light industrial, as well as uses limited to the following uses as further described within the document entitled, North American Industry Classification System, United States, 1997:

1.

Leather and allied product manufacturing.

2.

Cement and concrete product manufacturing.

3.

Asphalt paving, roofing and saturated materials manufacturing.

4.

Sawmills.

5.

Veneer, plywood and engineered wood product manufacturing.

6.

Millwork.

7.

Pharmaceutical and medicine manufacturing.

8.

Nonmetallic mineral product manufacturing.

9.

Clay product and refractory manufacturing.

10.

Glass and glass product manufacturing.

11.

Small arms manufacturing (not to include ammunition manufacturing).

Site and development plan approval (see article 14) is required for all permitted principal uses and structures. As part of the site and development plan approval leather and allied product manufacturing, cement and concrete product manufacturing, asphalt paving, roofing and saturated materials manufacturing, sawmills and veneer, plywood and engineered wood product manufacturing shall at a minimum conform to the following performance standards:

1.

Minimum lot area: 100,000 square feet;

2.

Minimum lot width: 300 feet;

3.

Minimum front yard setback: 25 feet when adjacent to an industrial zoned lot or 100 feet when adjacent to any lot on zoned industrial (the 25-foot adjacent industrial use setback shall not be required where a firewall is constructed between uses);

4.

Minimum side yard setback: 25 feet when adjacent to an industrial zoned lot or 100 feet when adjacent to any lot not zoned industrial;

5.

Minimum rear yard setback: 25 feet when adjacent to an industrial zoned lot or 100 feet when adjacent to any lot not zoned industrial;

6.

Fencing: There shall be a fence or wall six feet in height surrounding all developed areas, such fence or wall shall be continuous with locking gates at exit and entrance points. The fence or wall may be of masonry construction, chainlink or wood;

7.

Minimum buffering: There shall be provided a minimum of 45 feet of opaque landscaping material between any portion of the site that is used for outdoor mixing, fabricating, heating or pouring of materials from any lot zoned residential, office or commercial;

8.

Loading area: There shall be provided a turnaround driveway or other vehicular area for the safe loading/unloading of materials and product.

4.16.3.

Permitted accessory uses and structures:

1.

Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures.

2.

On-site signs (see section 4.2).

4.16.4.

Prohibited uses and structures. Due to the limited available undeveloped lands within the city the following uses shall be deemed prohibited uses within any industrial district: hazardous waste disposal sites, textile mills, ammunition manufacture, chemical and fertilizer manufacture, paint, oil (including linseed), shellac, turpentine, lacquer or varnish manufacture, wood preservation, resin, pesticide and other agricultural chemical manufacturing, paper and pulp manufacture, and rendering plants. In addition, any uses or structures not specifically, provisionally, or by reasonable implication permitted herein, including any use not conforming to performance standards of section 4.2 shall be prohibited.

4.16.5.

Special exceptions (see also articles 12 and 13):

1.

Wrecking yards (including automobile wrecking yard); junkyards; or yards used for scrap, salvage, secondhand building materials, junk automotive vehicles, or secondhand automotive parts; provided [that] any such yard shall be completely enclosed by an opaque fence or wall not less than six feet high; provided that this fence or wall shall not be built of tin or galvanized metal sheets.

2.

Bulk storage yards including bulk storage of flammable liquids, subject to provisions of local and state fire codes.

3.

Storage, sorting, collecting or baling of rags, iron or junk.

4.

Off-site signs (see section 4.2).

5.

Electric or gas generating plants.

6.

Public buildings and facilities.

7.

Synthetic rubber and artificial synthetic fibers and filaments manufacture.

8.

Plastic product manufacturing.

9.

Petroleum refining.

10.

Primary metal manufacture.

4.16.6.

Minimum lot requirements (area, width):

1.

All permitted uses and structures (unless otherwise specified):

Minimum lot area: None.

Minimum lot width: None.

4.16.7.

Minimum yard requirements (depth of front and rear yard, width of side yards) (see section 4.2 for right-of-way setback requirements):

1.

All permitted uses and structures (unless otherwise specified):

Front: 20 feet.

Side and rear: 15 feet except where [a] railroad spur abuts [the] side or rear property line, in which case no yard is required.

Special provisions: A minimum 35-foot natural buffer shall be required from wetlands and a 35-foot natural buffer shall be required from perennial rivers, streams, creeks, lakes and ponds. The location of any structure (except permitted docks, walkways and piers) shall be prohibited within these buffer areas, although nonintensive resource-based recreation activities shall be permitted within riverine and wetland buffer areas.

4.16.8.

Maximum height of structures: No portion shall exceed (see also section 4.2) 72 feet.

4.16.9.

Maximum lot coverage by all buildings: In addition to meeting the required lot yard, building height, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.16.10.

Minimum landscaped buffering requirements (see also section 4.2):

1.

All permitted uses (unless otherwise specified): Where a use listed under (1) above is erected or expanded on land abutting a residential district or a publicly owned park, whether the residential district or park is located within or without the city limits, then the proposed use shall provide a landscaped buffer which shall be not less than 25 feet in width along the affected rear and/or side yards as the case may be.

4.16.11.

Minimum off-street parking requirements (see also section 4.2):

1.

Warehousing and storage only: one space for each 1,500 square feet of floor area.

2.

Retail commercial establishments for sale, repair, and service of new and used automobiles, motorcycles, trucks and tractors, mobile homes, boats, heavy machinery and equipment, and farm equipment; motor vehicle body shops; retail establishments for sale of farm supplies, lumber and building supplies, monuments, and automotive vehicle parts and accessories; wrecking yards; and similar uses: one space for each 350 square feet of floor area, plus where applicable, one space for each 1,000 square feet of lot or ground area outside buildings used for any type of sales, display, or activity.

3.

Restaurants: one space for each three seats in public rooms.

4.

Miscellaneous uses such as express or parcel delivery office, telephone exchange, motor bus or truck or other transportation terminal: one space for each 350 square feet of floor area.

5.

Other permitted uses (unless otherwise specified): one space for each 500 square feet of floor area.

Note: Off-street loading required (see section 4.2).

(Ord. No. 2006-19, § 1, 5-1-2006; Ord. No. 2015-10, § 2, 8-4-2015; Ord. No. 2019-01, § 1, 2-19-2019; Ord. No. 2019-14, § 2, 11-5-2019)

4.17.1. Districts and intent. The planned unit development zoning district is hereby established and when applied to specific properties as a planned unit development it shall be shown on the city zoning atlas as "- PUD." Rezonings to planned unit development are initiated voluntarily by property owners or developers and approved by ordinance adopted by the city commission in accordance with the requirements of F.S. 166.041 and these land development regulations. The purpose of this district is to allow landowners or developers to submit applications for rezoning of specific sites to planned unit development in order to utilize creative land development concepts in a manner that is consistent with the comprehensive plan but not otherwise provided for in these land development regulations. Rezoning to planned unit development zoning is permitted within all future land use categories and is intended to:

1.

Allow the development of planned communities;

2.

Allow flexible and creative concepts of site planning;

3.

Preserve natural amenities of the land by encouraging retention of scenic and open areas;

4.

Permit the establishment of specific development standards, which differ from other development standards of these land development regulations, to accommodate development that would not otherwise be permitted through strict application of the minimum requirements of these land development regulations;

5.

Provide for an efficient use of land resulting in smaller networks of utilities and streets and thereby lowering development and housing costs; and

6.

Provide a stable environmental character compatible with surrounding areas.

4.17.2. Permitted principal uses and structures. Uses allowed within a planned unit development zoning district shall be limited to those uses authorized by the applicable future land use classification and may be further limited through adoption of the planned unit development rezoning ordinance.

4.17.3 Conflicts. If a conflict exists between this section and other sections in these land development regulations, the provisions of this section shall apply to the extent of the conflict. Where conflicts are created between these land development regulations and planned unit development rezoning ordinances, the provisions of the planned unit development rezoning ordinance shall apply to the extent of the conflict.

4.17.4. Definitions. In addition to the definitions contained in article 2, of these land development regulations the following terms, phrases, words, and derivations shall have the following meaning:

1.

Applicant. Applicant is a landowner or landowner's agent who files a petition for a rezoning to planned unit development.

2.

Common open space. Common open space is an area of land, or an area of water, or a combination of land and water within the area of a planned unit development designed for and intended to be used in common by the owners, residents and tenants within the planned unit development. Common open space may contain natural resource and conservation areas and such recreational structures and improvements as are desirable and appropriate for the common benefit and enjoyment of owners, residents and tenants of the planned unit development.

3.

Gross density. Gross density is the total number of dwelling units divided by the total number of acres within the perimeter boundaries of a planned unit development.

4.

Net residential acreage. Net residential acreage is the total number of acres within the perimeter boundaries of a planned unit development excluding areas devoted to streets, rights-of-way, easements, lakes, public and private open space, recreation, and other permitted nonresidential uses.

5.

Planned unit development rezoning ordinance. A planned unit development rezoning ordinance is a site specific planned unit development ordinance adopted by the city commission when approving an application for rezoning to planned unit development and each planned unit development rezoning ordinance shall include provisions establishing the applicable land development regulations and preliminary development plan governing development of the site.

4.17.5. Unified control. At the time of application and approval of the rezoning ordinance designating the site as planned unit development, all land included in the planned unit development shall be under the complete, unified, legal, otherwise-encumbered control of the applicant, whether the applicant be an individual, partnership, corporation, other entity, group or agency.

4.17.6. Phasing. The city commission may permit or require the phasing of a planned unit development. If phasing is permitted or required, each phase of development shall be so planned and so related to previous development, surrounding properties, and available public facilities and services that a failure to proceed with subsequent phases of development will have no adverse impact on the planned unit development or surrounding properties and the development will still be consistent with the comprehensive plan.

4.17.7. Requirements for planned unit developments.

1.

Minimum parcel size. The minimum size parcel for a planned unit development shall be five acres.

2.

Conformance with the comprehensive plan. Land use, densities and intensities for planned unit developments shall be based upon and be consistent with the comprehensive plan.

3.

Relationship to zoning district. An approved planned unit development is a separate zoning district that establishes restrictions and regulations governing development of the site. Upon approval of a rezoning to planned unit development, the official zoning atlas shall be changed to designate the site PUD.

4.

Development density and intensity. The overall gross residential density and non-residential intensity of a planned unit development shall not exceed any maximum density, intensity and ground coverage standards that may be prescribed by the future land use classification of the site. The density and intensity of specific uses within a planned unit development shall be determined after consideration of the following factors:

a.

The location of proposed uses within the planned unit development and the degree of compatibility of such uses with each other and with surrounding uses;

b.

The amount and type of protection provided for the safety, habitability, and privacy of land uses both internal and external to the planned unit development;

c.

The existing residential density and non-residential intensity of use of surrounding lands;

d.

The availability and location of utility services and public facilities and services;

e.

The amount and size of common open spaces and recreation areas;

f.

The existence and treatment of any environmentally sensitive areas on the planned unit development property or surrounding lands;

g.

The access to and suitability of transportation facilities proposed within the planned unit development and existing external transportation facilities; and

h.

Any other factor deemed relevant to the establishment of density and intensity of development for the benefit of the public safety, health, and welfare.

5.

Standards for non-residential uses. Nonresidential uses shall conform to the performance standards found in section 4.2 of these land development regulations, unless specifically stated otherwise in the planned unit development rezoning ordinance.

6.

Dimensional and bulk restriction. There are no pre-set dimensional or bulk restrictions required for planned unit developments. The required preliminary development plan submittal must include any dimensional and bulk restrictions proposed by the applicant, which may include, but is not limited to:

a.

Minimum/maximum lot sizes;

b.

Minimum/maximum building setbacks;

c.

Minimum/maximum building heights;

d.

Maximum lot coverage;

e.

Minimum/maximum floor area;

f.

Any other dimensional and bulk standard proposed by the applicant.

7.

Internal compatibility. All land uses proposed to be allowed within a planned unit development shall be compatible and each use shall be able to coexist in relative proximity to other uses in a stable fashion over time such that no uses are unduly, negatively impacted, directly or indirectly by other uses. An evaluation of the internal compatibility in a proposed planned unit development shall include consideration of the following factors:

a.

The existence or absence of and the location of common open spaces and recreational areas;

b.

The use of existing and proposed landscaping;

c.

The treatment of pedestrian ways;

d.

The use of topography, physical environment, and other natural features;

e.

The traffic and pedestrian circulation pattern;

f.

The use and variety of building setback lines, separations and buffering;

g.

The use and variety of building groupings;

h.

The use and variety of building sizes;

i.

The separation and buffering of parking areas and sections of parking area, where applicable;

j.

The variety and design of dwelling types;

k.

The proposed land uses and the conditions and limitations thereon; and

l.

Any other factor deemed relevant to the privacy, safety, preservation, protection, or welfare of any proposed use within the planned unit development.

8.

External compatibility. All land uses proposed within a planned unit development shall be compatible with existing and planned uses of properties surrounding the planned unit development; internal uses shall be able to coexist in relative proximity to existing or planned surrounding uses in a stable fashion over time such that neither internal or surrounding uses are unduly, negatively impacted, directly or indirectly by the proposed uses. An evaluation of the external compatibility of a planned unit development should be based on consideration of the following factors:

a.

The proposed planned unit development uses closest to the perimeter of the site, and the conditions and limitations thereon;

b.

The type, number, and location of surrounding external uses;

c.

The comprehensive plan designation and zoning on surrounding lands; and

d.

Any other factor deemed relevant to the privacy, safety, preservation, protection, or welfare of lands surrounding the planned unit development and any existing or planned use of such lands.

9.

Reserved.

10.

Common open space. Planned unit developments that consist of only one-family dwellings with individually deeded lots shall reserve at least five percent of the PUD site for common open space. PUDs in areas classified as agricultural on the future land use map are not required to provide any common open space. All other planned unit developments shall reserve at least 15 percent. Common open space areas shall be owned and operated by the applicant or dedicated to a homeowner or owner association, or similar entity. The city commission may require a higher percentage of common open space in order to carry out the intent and purpose set forth in this section. Not more than one-half of the total common open space area may be in a floodplain, buffer area, and/or water bodies.

11.

Access and parking. All streets, thoroughfares, and access ways shall be designed to relate to the traffic circulation plans of the area. Unless otherwise specified in the planned unit development rezoning ordinance, off-street parking shall meet the requirements specified for the uses found in the district regulations and section 4.2 of these land development regulations.

12.

External transportation access. Planned unit developments shall provide direct access to a major street (arterial or collector) unless it is determined by the city, based on evidence presented by the applicant, that the size and type of uses proposed will not adversely affect the traffic on adjoining minor (local) streets.

13.

Internal transportation access. Every use permitted in a planned unit development shall have access to a public street either directly or by way of a private road. Permitted uses are not required to front on a dedicated public road.

14.

Internal roadways. Except as may otherwise be provided in the planned unit development rezoning ordinance, all roads, whether public or private, shall be constructed according to city specifications as found in the city's subdivision regulations (see article 5 of these land development regulations). If the planned unit development contains private roads, such roads shall be owned and maintained by the applicant or dedicated to an owners or homeowners association, or similar entity.

15.

Perimeter requirements. Structures, buildings and streets located at the perimeter of the planned unit development shall be permanently screened by a landscaped buffer (see section 4.2), unless different standards or exemption from this requirement are prescribed in the planned unit development rezoning ordinance.

16.

Control of area following completion. After completion of a planned unit development, the use of the land and/or modification or alteration of any buildings or structures within any area covered by a final development plan shall continue to be regulated in accordance with the approved planned unit development rezoning ordinance and final development plan except as otherwise provided for herein.

a.

Minor extensions, alterations or modifications of existing buildings, structures or lot layout may be permitted after review and approval by the land development regulation administrator provided they are consistent with the original purpose, intent, overall design, and integrity of the final development plan.

b.

Substantial change in the location of buildings or other specifications of the final development plan may be permitted following public hearing and approval of a revised final development plan by the city commission upon receipt of the recommendation of the planning and zoning board, as long as such changes are consistent with the original purpose, intent, overall design, and integrity of the final development plan.

17.

Planned unit developments within agricultural future land use category. Planned unit developments within the agricultural future land use classification may include one-acre lots for single family homes, provided that:

a.

An overall density of one dwelling unit per five acres is maintained on the overall PUD site;

b.

Lots have a length to width ratio no greater than three to one;

c.

The development maintains the following undeveloped area requirements:

(1)

For a planned unit development with lots greater than or equal to four acres, but less than five acres, 50 percent of the total development shall be undeveloped area.

(2)

For a planned unit development with lots greater than or equal to two acres, but less than four acres, 60 percent of the total development shall be undeveloped area.

(3)

For a planned unit development with lots greater than or equal to one acre, but less than two acres, 80 percent of the total development shall be undeveloped area.

d.

The development is compact and contiguous and is not scattered throughout the development parcel. Building lots shall be located on the highest elevations on the site.

e.

The development provides a minimum of a 200-foot undisturbed buffer from adjacent properties, and structures (except permitted docks, walkways and piers) shall be setback a minimum of 35-feet from a lake, creek, pond, wetland or perennial stream. This buffer area may be a portion of the required undeveloped area.

f.

The developed area is configured in such a manner as to permit continued agriculture and/or silviculture uses of the undeveloped area.

g.

The development has direct access to a paved road; and

h.

All internal roads are so located in order to minimize the number of access points to external roadways.

4.17.8. Procedure for approval of rezoning to planned unit development. The procedure for obtaining a change in zoning to planned unit development shall be as follows:

1.

Planned unit development zoning and preliminary development plan application. The applicant shall submit to the land development regulation administrator a request for rezoning to a planned unit development zoning district and preliminary development plan approval with the following information:

a.

A statement of objectives describing:

(1)

The general purpose of the proposed rezoning and development; and

(2)

The general character of the proposed development.

b.

A vicinity map showing the location of the proposed planned unit development in relation to:

(1)

Surrounding streets and thoroughfares;

(2)

Existing zoning on the site and surrounding areas;

(3)

Future land use designation (as depicted on the adopted future land use map) for the site and surrounding areas; and

(4)

Existing land use on the site and surrounding areas.

The vicinity map shall be drawn at a scale to show an area of no less than 1,000 feet surrounding the property. A greater area may be required if the land development regulation administrator determines information on a larger vicinity is needed.

c.

A legal description and map or sketch of the property boundary.

d.

A topographic survey from the most recent United States Geological Service topographic survey if more detailed topographic information is not available.

e.

A site analysis map at the same scale as the preliminary development plan described below shall be submitted indicating floodprone areas, areas with slopes greater than five percent, areas of soils which are marginally suited for development purposes and tree cover.

f.

A preliminary development plan, drawn at a scale suitable for presentation, depicting/stating the following:

(1)

The general boundaries of each proposed land use area and the uses to be permitted therein;

(2)

Proposed lot sizes, indicated either by lot lines drawn in their proposed location or a statement on the face of the preliminary development plan concerning proposed lot sizes, including minimum lot sizes; and

(3)

Proposed building setbacks defining the distance buildings will be set back from:

(a)

Surrounding property lines;

(b)

Proposed and existing streets;

(c)

Other proposed buildings;

(d)

The centerline of streams and creeks;

(e)

The high water line of lakes and edge of wetlands; and

(f)

Other manmade or natural features which would be affected by building encroachment.

(4)

Proposed maximum height of buildings;

(5)

Common open space areas;

(6)

The proposed vehicle, bicycle and pedestrian circulation system, including the general locations and widths of all rights-of-way.

(7)

Proposed outside storage areas;

(8)

Proposed screening, buffering, and landscaped buffer areas; and

(9)

Proposed development phases including boundaries and dates.

g.

A table showing the proposed acreage for each category of land use.

h.

A statement concerning proposed and maximum allowed gross density and net residential acreage (see section 4.17.4 for definition of gross density and net residential acreage).

i.

A statement concerning proposed floor area ratios (percent of lot in relation to building floor area) and the maximum building coverage expressed as a percent of the total site area for nonresidential uses.

j.

A preliminary utility service plan including sanitary sewers, storm drainage, and potable water supply, showing general locations of major water and sewer lines, plant location, lift stations, and indicating whether gravity or forced systems are planned. Size of lines, specific locations, and detailed calculations are not required at this stage.

k.

A statement indicating the type of legal instruments that will be created to provide for the management of common areas and any private roads.

2.

Processing the PUD zoning application and preliminary development plan. When the land development regulation administrator has received an application, and is satisfied that the submittal is complete, the application shall be processed as any other zoning application in accordance with the provisions of these land development regulations. The land development regulation administrator shall evaluate the application and prepare a report to the planning and zoning board, which shall conduct a public hearing on the matter in accordance with the requirements of section 13.3 of these land development regulations and forward a recommendation to the city commission. The city commission shall conduct a public hearing on the matter in accordance with the requirements of section 13.3 of these land development regulations and take action on the rezoning ordinance in compliance with the requirements of F.S. 166.041. The city commission shall take one of the following actions:

a.

Approval of the ordinance as submitted.

b.

Approval of the ordinance with modifications.

c.

Denial of the ordinance.

3.

Final development plan application. Within 12 months of the approval of the planned unit development rezoning ordinance and preliminary development plan, the applicant shall submit to the land development regulation administrator an application for approval of a final development plan covering all or part of the approved preliminary development plan. If a final development plan is not submitted within this 12-month period, or an additional 12-month period granted by the city commission, the city commission may initiate rezoning of the property from planned unit development district to an appropriate zoning district that is consistent with the comprehensive plan and following approval of any such rezoning, direct the land development regulation administrator to revise the official zoning atlas. Thirty days prior to expiration of the 12-month period, or additional 12-month period if granted by the city commission, the land development regulation administrator shall notify the city commission and the applicant that the timeframe for submittal of a final development plan is about to expire. Such notice to the applicant shall be mailed via certified mail return receipt requested. The city commission may extend the initial 12-month timeframe for a period not to exceed an additional 12 months, provided that the request for extension is made in writing to the land development regulation administrator by the applicant prior to the expiration of the initial approval period. The final development plan shall include the following exhibits:

a.

A statement of objectives:

(1)

The general purpose of the proposed development.

(2)

The general character of the proposed development.

b.

A topographic map drawn at a scale of 100 feet to one inch by a surveyor or engineer registered in the state showing:

(1)

The location of existing private and public property rights-of-way, streets, buildings, water courses, transmission lines, sewers, bridges, culverts, and drain pipes, water mains, and any public utility easements;

(2)

Wooded areas, streams, lakes, marshes, and any other physical conditions affecting the site; and

(3)

Existing contours at intervals of one foot.

c.

A final development plan drawn at a scale of 100 feet to one inch and showing:

(1)

The boundaries of the site, topography, and proposed grading plan;

(2)

Width, location, and names of surrounding streets;

(3)

Surrounding land use;

(4)

Proposed streets and street names and other vehicular and pedestrian circulation systems including off-street parking;

(5)

The use, size, and location of all proposed building sites; and

(6)

Location and size of common open spaces and public or semipublic areas.

d.

A utility service plan showing:

(1)

Existing drainage and sewer lines;

(2)

The disposition of sanitary waste and stormwater;

(3)

The source of potable water;

(4)

Location and width of all utility easements or rights-of-way; and

(5)

Plans for the special disposition of stormwater drainage when it appears that said drainage could substantially harm a body of surface water.

e.

A landscaping plan showing:

(1)

Landscaped areas;

(2)

Location, height, and material for walks, fences, walkways, and other manmade landscape features; and

(3)

Any special landscape features such as, but not limited to, manmade lakes, land sculpture, and waterfalls.

f.

Statistical information:

(1)

Total acreage of the site;

(2)

Maximum building coverage expressed as a percent of the area;

(3)

Area of land devoted to common open space expressed as a percent of the total site area;

(4)

Area to be used for recreation purposes expressed as a percent of the total site area;

(5)

Calculated gross density and net residential acreage for the proposed development (see section 4.17.4 for definition of gross density and net residential acreage); and

(6)

Calculated floor area ratios and maximum building coverage expressed as a percent of the total site area for nonresidential uses.

g.

The substance of any covenants, grants, easements, or other restrictions to be imposed on the land, buildings, and structures, including any proposed easements for public and private utilities needed to implement the requirements of the approved planned unit development. All such legal documents, including any owners or homeowners associations and deed restrictions, shall be reviewed for sufficiency by the city attorney before final approval of the plan.

4.17.9. Issuance of building permits. No building permit shall be issued for any portion of a proposed planned unit development until a final development plan for the portion or phase containing the building for which a building permit is requested has been approved.

4.17.10. Revision of an approved planned unit development preliminary development plan. Changes to an approved planned unit development preliminary development plan are deemed either substantial or minor.

1.

Substantial changes. A proposed change to the approved planned unit development preliminary development plan which affects the intent and character of the development, the perimeter of the site, the density, the land use patterns, the maximum building height, the proposed buffers, the location or dimensions of arterial or collector streets, or similar changes, shall be deemed substantial changes. Substantial changes shall be reviewed and acted upon by the planning and zoning board and the city commission in the same manner as the initial application for rezoning to planned unit development and preliminary development plan.

2.

Minor changes. Changes and/or deviations from the planned unit development preliminary development plan which do not meet the definition of substantial changes shall be deemed to be minor. Minor changes shall be reviewed by the land development regulation administrator and shall be approved if determined consistent with the original purpose, intent and overall design and integrity of the approved preliminary development plan. Upon approval of the revision, the applicant shall make any revisions to the plans necessary to reflect any changes to the preliminary development plan required by the land development regulation administrator during review, and file the revised plans with the land development regulation administrator within 30 days of said approval. Examples of minor changes include changing alignment, location, or length of local streets; adjustments in dwelling unit mixes, not resulting in increased overall density; and reorientation or slight shifts in building locations.

4.17.11. Planned unit development final development plan time limitations. If substantial development has not begun within two years, or other timeframe specified in the planned unit development rezoning ordinance, after approval of a final development plan, the city commission may initiate a rezoning of the property governed by the final development plan to an appropriate zoning district. Thirty days prior to the two-year period following approval of a final development plan, the land development regulation administrator shall notify the city commission and the applicant of such date. Such notice to the applicant shall be mailed via certified mail, return receipt requested.

The city commission may extend the period for beginning construction, at the request of the applicant for a period not to exceed an additional two years, provided that the request for extension is made in writing to the land development regulation administrator prior to the expiration of the initial approval period.

4.17.12. Deviation from the final development plan. Any unauthorized deviation from the approved final development plan shall constitute a violation of these land development regulations and shall be punishable as provided in article 15 of these land development regulations.

(Ord. No. 2007-39, § 2, 1-15-2008; Ord. No. 2016-03, § 1, 7-5-2016)