The incorporated area of the city is hereby divided into the following zoning districts, in the manner shown on the official zoning map.

(Ord. No. 2352, § 2(5.1), 7-13-93)

(a)

Identification.

(1)

The official zoning map shall be identified by the signature of the mayor attested by the city manager, and bearing the seal of the city under the following words: "This is to certify that this is the Official Zoning Map referred to in Article V of the Land Use and Development Ordinance of the City of Holly Hill, Florida."

(2)

If, in accordance with chapter 82, article V, division 5, changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the city commission with an entry on the official zoning map as follows: "On (date), by official action of the City Commission the following change was made to the Official Zoning Map: (brief description of change)," which entry shall be signed by the mayor and attested by the city manager. No amendment of this chapter which involves matters portrayed on the official zoning map shall become effective until after such change and entry has been made to the official zoning map, or matter thereon shown, except in conformity with the procedures set forth in this chapter.

(3)

Regardless of the existence of purported copies of this official zoning map which may from time to time be made or published, the official zoning map, which shall be secured in the office of the city manager, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city.

(4)

If the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city commission may adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such corrections shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor attested by the city manager, and bearing the seal of the city under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. _____ of the City of Holly Hill, Florida." Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

(b)

Interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries approximately following streets, highways or alleys. Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.

(2)

Boundaries approximately following platted lot lines. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries approximately following city limits. Boundaries indicated as approximately following city limits shall be construed as following such city limits.

(4)

Boundaries approximately following railroad lines. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(5)

Boundaries approximately following shorelines, streambeds or other water bodies. Boundaries indicated as following shorelines shall be construed to follow such shorelines, except where bulkhead lines have been established the boundary shall follow such bulkhead lines. In the event of change in the shoreline, the boundary shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.

(6)

Removal of territory from city. In the event of changes in city limits removing territory from the city, district boundaries shall be construed as moving with city limits.

(7)

Addition of territory to city. In the event of annexation of unincorporated areas into the city, the county land use plan and county zoning regulations or subdivision regulations shall remain in full force and effect until the area is rezoned by the city to comply with the city's comprehensive plan.

(8)

Boundaries approximately parallel to extensions of features. Boundaries indicated as parallel to or extensions of features indicated in this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(9)

Variance between actual features and zoning map. Where natural or manmade features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by this section, the board of adjustment shall interpret the district boundaries.

(10)

District boundary dividing lot. Where a district boundary line divides a lot which was in single ownership on July 31, 1973, the board of planning and appeals may permit, as a special exception, the extension of the regulations for either portion of the lot to the lot line.

(Ord. No. 2352, § 2(5.2), 7-13-93)

The regulations set out in this chapter shall apply uniformly to all premises.

(1)

Zoning affects all premises. No premises shall hereafter be used or occupied, and no principal building or accessory structure shall be hereafter erected, constructed, moved or altered, except in conformity with this chapter.

(2)

Interpretation of permitted uses and structures. A requested use or structure that is not expressly permitted in a classification shall be prohibited in that classification.

(3)

Applicability of yard, lot coverage, floor area and building height requirements. Every principal or accessory structure to be erected upon a lot shall meet all yard, lot coverage, floor area and building height requirements of its classification unless otherwise expressly permitted by this subpart.

(4)

Multiple use of required space prohibited. No part of a yard, or other required open space, or of the off-street parking or loading spaces for one structure, shall be included as part of a yard, open space or off-street parking or loading space requirements for any other structure.

(5)

Reduction of lot area or width. No lot existing on the effective date of the ordinance from which this chapter is derived shall be reduced in area and width below the minimum requirements of its classification, except lots made up of combinations of nonconforming lots (refer to section 114-34(a)(1)) or cluster subdivision lots (refer to the definition of cluster subdivisions).

(Ord. No. 2352, § 2(5.3), 7-13-93)

(a)

Types of nonconformity. Within the classifications established by this chapter, there may exist lots, uses of premises, and structures which lawfully existed before this chapter was effective or amended, but which would be prohibited, regulated or restricted under the terms of this chapter. These nonconformities may continue in their present condition, but shall not be enlarged, expanded, extended or used for adding other structures or uses prohibited elsewhere in the same classification.

(1)

Nonconforming lots generally. In any classification, principal and accessory structures otherwise authorized under this chapter may be erected or constructed on any single nonconforming lot which existed, separate and apart from other adjoining lots owned by the same person, on the effective date of the ordinance from which this chapter is derived or the effective date of an amendment of this chapter if all classification requirements other than lot area or width are met. If more than one nonconforming lot with continuous frontage exists in a single ownership, at the time of passage of the ordinance from which this chapter is derived or the time of passage of an amendment of this chapter, the land involved must be combined to meet all classification requirements.

(2)

Nonconforming lots created by eminent domain proceedings. Any lot or parcel which shall be made nonconforming as a result of eminent domain proceedings instituted by the city or any other governmental agency, or through voluntary conveyance by such lot or parcel owner in lieu of formal eminent domain proceedings, which lot or parcel except for such eminent domain or voluntary conveyance would be an otherwise conforming lot or parcel, shall be deemed to be a conforming lot or parcel for all purposes under this chapter. However, all yard requirements of the district in which the lot or parcel is located shall control any new construction or building addition.

(3)

Nonconforming use of premises. In any classification, a lawful principal or accessory use of premises existing on the effective date of the ordinance from which this chapter is derived or the effective date of an amendment of this chapter, but not permitted thereafter, may continue, or be resumed if destroyed, provided:

a.

It is not enlarged, increased or extended to occupy a greater area than was occupied on such effective date of adoption or amendment;

b.

It is not moved in whole or part to any portion of the lot other than that occupied by such use on such effective date of adoption or amendment; and

c.

No additional structure is constructed or erected in connection with such nonconforming use.

(4)

Nonconforming structures. In any classification, a lawful structure existing on the effective date of the ordinance from which this chapter is derived or the effective date of an amendment of this chapter, that could not thereafter be built because of classification, dimensional or other requirements, may still be used, provided:

a.

It is not enlarged or altered in a way which increases its nonconformity; it may be altered to decrease its nonconformity, however.

b.

If it is damaged in excess of 65 percent of its then assessed value, any reconstruction shall comply with this chapter.

c.

If it is moved for any reason, or for any distance, it shall thereafter conform to this chapter.

(5)

Involuntary moves.Section 114-34(a)(3)b. and (4) are not intended to apply to involuntary movements of uses or structures as a result of condemnation actions or other litigation.

(6)

Nonconforming structures due to eminent domain action. Under the following circumstances, a nonconforming structure shall be allowed to be repaired or rebuilt, regardless of the extent of the damage suffered by the structure:

a.

The structure shall have been constructed in compliance with all the development and zoning regulations at the time the structure was built.

b.

The only reason that the structure is now nonconforming is because a governmental entity acquired a portion of property upon which the structure is located by eminent domain or the result of a voluntary sale after the notice of condemnation was provided to the property owner by the governmental entity.

c.

The structure shall be built on the subject property so as to minimize the nonconformity. This requirement may be waived by the city if it is not reasonably practical to move the location of the existing structure due to the location of the existing structure, or portions thereof, that remain. This determination shall be made in the sole discretion of the city.

d.

The right to rebuild shall not be allowed if all or any portion of the nonconformity is due to something other than an eminent domain action by a governmental entity. A property owner shall not have the right to continue a nonconforming use pursuant to this provision.

e.

A property owner's right to rebuild pursuant to this exception shall not be allowed if the city determines, in the city sole discretion, that rebuilding the structure in the proposed location with the nonconformity still in existence will constitute a dangerous condition and a threat to the public safety due to the proximity of the structure to a public right-of-way, sidewalk or adjacent building. Noncompliance with the minimum setback requirements shall not be sufficient reason to constitute a dangerous condition.

f.

A nonconforming structure shall include not only the principal structure but also signage, as it relates to the location of the sign, but not the size of the sign.

(b)

Abandonment of nonconforming use. Whenever a nonconforming use has been discontinued for a period of six months, such use shall not thereafter be reestablished and any future use shall be in conformity with the provisions of this chapter. Evidence of discontinuance includes but is not limited to termination of utility service, utility bills evidencing reduced utility usage as compared to prior utility usage to a degree that indicates little or no activity on the premises, no current business tax receipt, nonrenewal of regulatory licenses or establishing operations at a different location.

(Ord. No. 2352, § 2(5.4), 7-13-93; Ord. No. 2796, § 1, 4-24-07; Ord. No. 2935, § 1, 5-14-13)

This division shall apply to all C-F conservation-floodplain districts.

(Ord. No. 2352, § 2(5.5.1.A), 7-13-93)

The C-F conservation-floodplain districts are intended to identify those areas of the city which are subject to and have a history of flooding or which are part of the city's or county's natural drainage system. It is further the intent of the C-F districts to provide for the identification of floodplain areas consistent with the National Flood Insurance Program's required land use and control measures. Additionally, it is further the intent that these districts either remain undeveloped or be developed with open space type uses, to include minor accessory structures incidental to a principal use.

(Ord. No. 2352, § 2(5.5.1.B), 7-13-93)

Permitted principal uses and structures in the C-F district are as follows:

(1)

Field crops and tree crops.

(2)

Nature trails.

(3)

Nurseries for growing and storing plants and related materials, but no sales.

(4)

Outdoor facilities for civic and public functions such as an open air amphitheater.

(5)

Private open area amusements such as golf courses and driving ranges, archery courses and similar uses.

(6)

Private open space as part of a planned unit development.

(7)

Essential utility uses and structures, provided concrete slab, floor and other elevations are approved by the city manager and city engineer.

(8)

Public parks and playfields.

(Ord. No. 2352, § 2(5.5.1.C), 7-13-93; Ord. No. 2956, § 2, 11-11-14)

Permitted accessory uses and structures in the C-F district are as follows: nonresidential agricultural buildings and recreation facilities related to the permitted uses.

(Ord. No. 2352, § 2(5.5.1.D), 7-13-93)

No special exceptions are permitted in the C-F district.

(Ord. No. 2352, § 2(5.5.1.E), 7-13-93)

No building or structure shall be permitted in the C-F district except in conformance with the dimensional requirements set forth in section 114-765.

(Ord. No. 2352, § 2(5.5.1.F), 7-13-93)

No permanent building or structure shall be erected in any C-F conservation/floodplain district until and unless such structure or building has been approved by the city commission, which shall ascertain that the structure or building would not constitute an encroachment hazard or obstacle to the movement of floodwaters and that such construction would not endanger the public health, welfare and safety of the people.

(Ord. No. 2352, § 2(5.5.1.G), 7-13-93)

Off-street parking and loading facilities shall be provided in the C-F district as required in chapter 90, article III, division 6.

(Ord. No. 2352, § 2(5.5.1.H), 7-13-93)

No sign shall be permitted in any C-F conservation-floodplain district except in conformance with the requirements set forth in chapter 110.

(Ord. No. 2352, § 2(5.5.1.I), 7-13-93)

(a)

The residential districts established by this article (R-1 through R-9, inclusive) are designed to promote and protect the public health, safety and general welfare. These general goals include, among others, the following specific purposes:

(1)

Provide sufficient space in appropriate locations for residential development to meet the housing needs of the city's present and expected future population, with due allowance for the need for a choice of sites.

(2)

Protect residential areas, as far as possible, against heavy traffic and against through traffic of all kinds.

(3)

Protect residential areas against congestion by regulating the density of population and the bulk of buildings in relation to the land around them and to one another.

(4)

Provide for access of light and air and for privacy by regulating the spacing and height of buildings and other structures.

(5)

Provide appropriate space for those educational, religious, recreational, health and similar facilities which serve the needs of the nearby residents, which generally perform their own activities more effectively in a residential environment, and which do not create objectionable influences.

(6)

Promote the most desirable use of land and direction of building development in accord with a well-considered land use plan, to promote stability of residential development, to protect the character of the district and its peculiar suitability for particular uses, and to conserve the value of land and buildings.

(b)

It is the intent that the stated purposes be used as a basis to interpret the residential district regulations contained in this division, and influence decisions regarding subsequent amendments to the district boundaries.

(Ord. No. 2352, § 2(5.5.2), 7-13-93)

This subdivision shall apply to all R-1 districts.

(Ord. No. 2352, § 2(5.5.3.A), 7-13-93; Ord. No. 2411, § 3(5.5.3.A), 8-8-95)

Permitted principal uses and structures in the R-1 district are as follows:

(1)

Single-family dwelling units.

(2)

Public parks, playgrounds, playfields, recreation buildings and facilities owned and operated by federal, state, county or municipal governments.

(3)

Golf courses.

(4)

Approved home occupations.

(5)

Essential utility uses and structures.

(Ord. No. 2352, § 2(5.5.3.B), 7-13-93; Ord. No. 2411, § 3(5.5.3.B), 8-8-95)

Permitted accessory uses and structures in the R-1 district are as follows: uses customarily associated with, dependent on and incidental to the permitted principal use.

(Ord. No. 2352, § 2(5.5.3.C), 7-13-93; Ord. No. 2411, § 3(5.5.3.C), 8-8-95)

Special exceptions in the R-1 district are as follows:

(1)

Cemeteries. (Refer to section 114-664.)

(2)

Flag lots. (Refer to section 114-688.)

(3)

Bed and breakfast accommodations. (Refer to section 114-694.)

(4)

Gazebos in waterfront yards. (Refer to section 114-694.)

(Ord. No. 2352, § 2(5.5.3.D), 7-13-93; Ord. No. 2411, § 3(5.5.3.D), 8-8-95; Ord. No. 2761, § 1, 3-14-06; Ord. No. 2956, § 3, 11-11-14)

No building or structure shall be permitted in the R-1 district except in conformance with the dimensional requirements set forth in section 114-765.

(Ord. No. 2352, § 2(5.5.3.E), 7-13-93; Ord. No. 2411, § 3(5.5.3.E), 8-8-95)

Off-street parking and loading facilities shall be provided in the R-1 district as required in chapter 90, article III, division 6.

(Ord. No. 2352, § 2(5.5.3.F), 7-13-93; Ord. No. 2411, § 3(5.5.3.F), 8-8-95)

No sign shall be permitted in any R-1 district except in conformance with the requirements set forth in chapter 110.

(Ord. No. 2352, § 2(5.5.3.G), 7-13-93; Ord. No. 2411, § 3(5.5.3.G), 8-8-95)

This subdivision shall apply to all R-2 districts.

(Ord. No. 2352, § 2(5.5.4.A), 7-13-93)

Permitted principal uses and structures in the R-2 district are as follows:

(1)

Single-family dwelling units.

(2)

Public parks, playgrounds, playfields, recreation buildings and facilities owned and operated by federal, state, county or municipal governments.

(3)

Golf courses.

(4)

Approved home occupations.

(5)

Essential utility uses and structures.

(Ord. No. 2352, § 2(5.5.4.B), 7-13-93)

Permitted accessory uses and structures in the R-2 district are as follows: uses customarily associated with, dependent on and incidental to the permitted principal use.

(Ord. No. 2352, § 2(5.5.4.C), 7-13-93)

Special exceptions in the R-2 district are as follows:

(1)

Houses of worship. (Refer to section 114-666.)

(2)

Public schools. (Refer to section 114-662.)

(3)

Cemeteries. (Refer to section 114-664.)

(4)

Adult congregate living facilities. (Refer to section 114-665.)

(Ord. No. 2352, § 2(5.5.4.D), 7-13-93)

No building or structure shall be permitted in the R-2 district except in conformance with the dimensional requirements set forth in section 114-765.

(Ord. No. 2352, § 2(5.5.4.E), 7-13-93)

Off-street parking and loading facilities shall be provided in the R-2 district as required in chapter 90, article III, division 6.

(Ord. No. 2352, § 2(5.5.4.F), 7-13-93)

No sign shall be permitted in any R-2 district except in conformance with the requirements set forth in chapter 110.

(Ord. No. 2352, § 2(5.5.4.G), 7-13-93)

This subdivision shall apply to all R-3 districts.

(Ord. No. 2352, § 2(5.5.5.A), 7-13-93)

Permitted principal uses and structures in the R-3 district are as follows:

(1)

Single-family dwelling units.

(2)

Public parks, playgrounds, playfields, recreation buildings and facilities owned and operated by federal, state, county or municipal governments.

(3)

Golf courses.

(4)

Approved home occupations.

(5)

Essential utility uses and structures.

(Ord. No. 2352, § 2(5.5.5.B), 7-13-93)

Permitted accessory uses and structures in the R-3 district are as follows: uses customarily associated with, dependent on and incidental to the permitted principal use.

(Ord. No. 2352, § 2(5.5.5.C), 7-13-93)

Special exceptions in the R-3 district are as follows:

(1)

Houses of worship. (Refer to section 114-666.)

(2)

Public schools. (Refer to section 114-662.)

(3)

Cemeteries. (Refer to section 114-664.)

(4)

Adult congregate living facilities. (Refer to section 114-665.)

(Ord. No. 2352, § 2(5.5.5.D), 7-13-93)

No building or structure shall be permitted in the R-3 district except in conformance with the dimensional requirements set forth in section 114-765.

(Ord. No. 2352, § 2(5.5.5.E), 7-13-93)

Off-street parking and loading facilities shall be provided in the R-3 district as required in chapter 90, article III, division 6.

(Ord. No. 2352, § 2(5.5.5.F), 7-13-93)

No sign shall be permitted in any R-3 district except in conformance with the requirements set forth in chapter 110.

(Ord. No. 2352, § 2(5.5.5.G), 7-13-93)

This subdivision shall apply to all R-4A districts.

(Ord. No. 2352, § 2(5.5.7.A), 7-13-93)

The R-4A districts are intended to provide areas for the development of zero lot line single-family dwellings, clustered on tracts of land under common ownership. The specific intent of these districts is to ensure that only such residential uses as can be properly designed and built will be allowed in these districts so as not to overcrowd the land, cause parking or traffic congestion, or have injurious effects on adjacent properties.

(Ord. No. 2352, § 2(5.5.7.B), 7-13-93)

Permitted principal uses and structures in the R-4A district are as follows:

(1)

Single-family dwellings.

(2)

Two-family dwellings (duplexes).

(3)

Three-family dwellings (triplexes).

(4)

Townhouses.

(5)

Four-family dwellings (quadraplexes).

(6)

City-owned parks and open space.

(7)

Approved home occupations.

(8)

Essential utility uses and structures.

(Ord. No. 2352, § 2(5.5.7.C), 7-13-93)

Permitted accessory uses and structures in the R-4A district are as follows: uses customarily associated with, dependent on and incidental to the permitted principal use.

(Ord. No. 2352, § 2(5.5.7.D), 7-13-93)

Special exceptions in the R-4A district are as follows:

(1)

Public schools. (Refer to section 114-662.)

(2)

Child day care centers. (Refer to section 114-667.)

(3)

Adult day care centers. (Refer to section 114-668.)

(4)

Adult congregate living facilities. (Refer to section 114-665.)

(5)

House of worship. (Refer to section 114-666.)

(Ord. No. 2352, § 2(5.5.7.E), 7-13-93; Ord. No. 2956, § 1, 11-11-14)

No building or structure shall be permitted in the R-4A district except in conformance with the dimensional requirements set forth in section 114-765. Additionally, no building shall be permitted within 25 feet of a public right-of-way, a private street or any accessway used primarily for vehicular circulation.

(Ord. No. 2352, § 2(5.5.7.F), 7-13-93)

Off-street parking and loading facilities shall be provided in the R-4A district as required in chapter 90, article III, division 6.

(Ord. No. 2352, § 2(5.5.7.G), 7-13-93)

No sign shall be permitted in any R-4A district except in conformance with the requirements set forth in chapter 110.

(Ord. No. 2352, § 2(5.5.7.H), 7-13-93)

In order to promote architectural and environmental quality within the project, the developer is encouraged to utilize the following guidelines in designing a project in the R-4A district:

(1)

Maximum possible privacy for each single-family dwelling should be provided through good design and use of proper building materials and landscaping. Visible privacy for each unit should be provided through structural screening and landscaping. Auditory privacy should be furnished through the use of soundproof and sound-absorbing materials where appropriate.

(2)

The architectural design of buildings should be developed with consideration given to the relationship of existing adjacent development in terms of building height, mass, texture, line and pattern.

(3)

The landscape architecture should establish an optimum living environment between indoor and outdoor living.

(4)

Dwelling units should have good circulation, and adequate light, heat and ventilation.

(Ord. No. 2352, § 2(5.5.7.I), 7-13-93)

The developer of a project in the R-4A district shall supply in writing all covenants and restrictions that will govern the maintenance of the open space, driveways and other aspects of the project that are necessary for the welfare of the project and consistent with the best interests of the city. Such legal instruments shall be submitted with the site plan and reviewed by the city attorney and the city manager prior to issuance of a building permit.

(Ord. No. 2352, § 2(5.5.7.J), 7-13-93)

This subdivision shall apply to all R-5 districts.

(Ord. No. 2352, § 2(5.5.8.A), 7-13-93)

The R-5 districts are intended to provide areas for the development of single-family and two-family dwellings. The specific intent of these districts is to ensure that only such residential uses as can be properly designed and built will be allowed in these districts so as not to overcrowd the land, cause parking or traffic congestion, or have injurious effects on adjacent properties.

(Ord. No. 2352, § 2(5.5.8.B), 7-13-93)

Permitted principal uses and structures in the R-5 district are as follows:

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

City-owned parks and open space.

(4)

Zero lot line development (duplex only).

(5)

Approved home occupations.

(6)

Essential utility uses and structures.

(Ord. No. 2352, § 2(5.5.8.C), 7-13-93)

Permitted accessory uses and structures in the R-5 district are as follows: uses customarily associated with, dependent on and incidental to the permitted principal use.

(Ord. No. 2352, § 2(5.5.8.D), 7-13-93)

Special exceptions in the R-5 district are as follows:

(1)

Public schools. (Refer to section 114-662.)

(2)

Child day care centers. (Refer to section 114-667.)

(3)

Adult day care centers. (Refer to section 114-668.)

(4)

Adult congregate living facilities. (Refer to section 114-665.)

(5)

House of worship. (Refer to section 114-666.)

(Ord. No. 2352, § 2(5.5.8.E), 7-13-93; Ord. No. 2956, § 1, 11-11-14)

No building or structure shall be permitted in the R-5 district except in conformance with the dimensional requirements set forth in section 114-765.

(Ord. No. 2352, § 2(5.5.8.F), 7-13-93)

Off-street parking and loading facilities shall be provided in the R-5 district as required in chapter 90, article III, division 6.

(Ord. No. 2352, § 2(5.5.8.G), 7-13-93)

No sign shall be permitted in any R-5 district except in conformance with the requirements set forth in chapter 110.

(Ord. No. 2352, § 2(5.5.8.H), 7-13-93)

This subdivision shall apply to all R-6 districts.

(Ord. No. 2352, § 2(5.5.9.A), 7-13-93)

The intent of the R-6 districts is to:

(1)

Encourage the construction of low density, low-rise garden-type apartments on relatively large tracts of land;

(2)

Require the preparation and approval of detailed site, landscaping, drainage, traffic and parking plans, as part of an overall development concept;

(3)

Establish a greater ratio of open space to building area; and

(4)

Achieve an aesthetic relationship between buildings, yards, parking areas, common open space and adjacent properties.

(Ord. No. 2352, § 2(5.5.9.B), 7-13-93)

Permitted principal uses and structures in the R-6 district are as follows:

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

Multifamily dwellings.

(4)

City-owned parks and open space.

(5)

Essential utility uses and structures.

(Ord. No. 2352, § 2(5.5.9.C), 7-13-93)

Permitted accessory uses and structures in the R-6 district are as follows: uses customarily associated with, dependent on and incidental to the permitted principal use.

(Ord. No. 2352, § 2(5.5.9.D), 7-13-93)

Special exceptions in the R-6 district are as follows:

(1)

Public schools. (Refer to section 114-662.)

(2)

Meeting places for civic, fraternal and community service organizations. (Refer to section 114-663.)

(3)

Cemeteries. (Refer to section 114-664.)

(4)

Rest homes and retirement centers. (Refer to section 114-671.)

(5)

Residential retirement health care facilities. (Refer to section 114-672.)

(6)

Child day care centers. (Refer to section 114-667.)

(7)

Adult day care centers. (Refer to section 114-668.)

(8)

Adult congregate living facilities. (Refer to section 114-665.)

(9)

House of worship. (Refer to section 114-666.)

(Ord. No. 2352, § 2(5.5.9.E), 7-13-93; Ord. No. 2956, § 1, 11-11-14)

No building or structure shall be permitted in the R-6 district except in conformance with the dimensional requirements set forth in section 114-765.

(Ord. No. 2352, § 2(5.5.9.F), 7-13-93)

Off-street parking and loading facilities shall be provided in the R-6 district as required in chapter 90, article III, division 6.

(Ord. No. 2352, § 2(5.5.9.G), 7-13-93)

No sign shall be permitted in any R-6 district except in conformance with the requirements set forth in chapter 110.

(Ord. No. 2352, § 2(5.5.9.H), 7-13-93)

This subdivision shall apply to all R-7 districts.

(Ord. No. 2352, § 2(5.5.10.A), 7-13-93)

The intent of the R-7 districts is to provide for the development of low-rise, medium density apartments conserving as much open space as possible and enhancing the aesthetic quality of the area.

(Ord. No. 2352, § 2(5.5.10.B), 7-13-93)

Permitted principal uses and structures in the R-7 district are as follows:

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

Multifamily dwellings.

(4)

City-owned parks and open space.

(5)

Essential utility uses and structures.

(Ord. No. 2352, § 2(5.5.10.C), 7-13-93)

Permitted accessory uses and structures in the R-7 district are as follows: uses customarily associated with, dependent on and incidental to the permitted principal use.

(Ord. No. 2352, § 2(5.5.10.D), 7-13-93)

Special exceptions in the R-7 district are as follows:

(1)

City-owned and quasipublic service and safety facilities. (Refer to section 114-669.)

(2)

Child day care centers. (Refer to section 114-667.)

(3)

Adult day care centers. (Refer to section 114-668.)

(4)

Wholesale nurseries. (Refer to section 114-670.)

(5)

Meeting places for civic, fraternal and service organizations. (Refer to section 114-663.)

(6)

Cemeteries. (Refer to section 114-664.)

(7)

Rest homes and retirement centers. (Refer to section 114-671.)

(8)

Residential retirement health care facilities. (Refer to section 114-672.)

(9)

Adult congregate living facilities. (Refer to section 114-665.)

(10)

House of worship. (Refer to section 114-666.)

(Ord. No. 2352, § 2(5.5.10.E), 7-13-93; Ord. No. 2956, § 1, 11-11-14)

No building or structure shall be permitted in the R-7 district except in conformance with the dimensional requirements set forth in section 114-765.

(Ord. No. 2352, § 2(5.5.10.F), 7-13-93)

Off-street parking and loading facilities shall be provided in the R-7 district as required in chapter 90, article III, division 6.

(Ord. No. 2352, § 2(5.5.10.G), 7-13-93)

No sign shall be permitted in any R-7 district except in conformance with the requirements set forth in chapter 110.

(Ord. No. 2352, § 2(5.5.10.H), 7-13-93)

This subdivision shall apply to all R-8 districts.

(Ord. No. 2352, § 2(5.5.11.A), 7-13-93)

The intent of the R-8 districts is to provide for the development of low-rise, medium-high density apartments conserving as much open space as possible and enhancing the aesthetic quality of the area.

(Ord. No. 2352, § 2(5.5.11.B), 7-13-93)

Permitted principal uses and structures in the R-8 district are as follows:

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

Multifamily dwellings.

(4)

City-owned parks and open space.

(5)

Essential utility uses and structures.

(Ord. No. 2352, § 2(5.5.11.C), 7-13-93)

Permitted accessory uses and structures in the R-8 district are as follows: uses customarily associated with, dependent on and incidental to the permitted principal use.

(Ord. No. 2352, § 2(5.5.11.D), 7-13-93)

Special exceptions in the R-8 district are as follows:

(1)

City-owned and quasipublic service and safety facilities. (Refer to section 114-669.)

(2)

Child day care centers. (Refer to section 114-667.)

(3)

Adult day care centers. (Refer to section 114-668.)

(4)

Meeting places for civic, fraternal and service organizations. (Refer to section 114-663.)

(5)

Cemeteries. (Refer to section 114-664.)

(6)

Rest homes and retirement centers. (Refer to section 114-671.)

(7)

Residential retirement health care facilities. (Refer to section 114-672.)

(8)

Adult congregate living facilities. (Refer to section 114-665.)

(9)

Neighborhood Residential Storage Facilities. (Refer to section 114-669.)

(10)

House of worship. (Refer to section 114-666.)

(Ord. No. 2352, § 2(5.5.11.E), 7-13-93; Ord. No. 2585, § 1, 9-12-00; Ord. No. 2956, § 1, 11-11-14)

No building or structure shall be permitted in the R-8 district except in conformance with the dimensional requirements set forth in section 114-765.

(Ord. No. 2352, § 2(5.5.11.F), 7-13-93)

Off-street parking and loading facilities shall be provided in the R-8 district as required in chapter 90, article III, division 6.

(Ord. No. 2352, § 2(5.5.11.G), 7-13-93)

No sign shall be permitted in any R-8 district except in conformance with the requirements set forth in chapter 110.

(Ord. No. 2352, § 2(5.5.11.H), 7-13-93)

This subdivision shall apply to all R-9 districts.

(Ord. No. 2352, § 2(5.5.12.A), 7-13-93)

The intent of the R-9 districts is to provide for the development of mobile home parks and subdivisions.

(Ord. No. 2352, § 2(5.5.12.B), 7-13-93)

Permitted principal uses and structures in the R-9 district are as follows:

(1)

Mobile home parks and subdivisions.

(2)

City-owned parks and open space.

(3)

Essential utility uses and structures.

(Ord. No. 2352, § 2(5.5.12.C), 7-13-93)

Permitted accessory uses and structures in the R-9 district are as follows:

(1)

Uses customarily associated with, dependent on and incidental to the permitted principal use.

(2)

Mobile home park management offices.

(3)

Mobile home park service facilities, including laundries, recreation halls, swimming pools, tennis courts, cabanas, maintenance and utility buildings, carports and garages.

(Ord. No. 2352, § 2(5.5.12.D), 7-13-93)

Special exceptions in the R-9 district are as follows:

(1)

Family business offices.

(2)

House of worship. (Refer to section 114-666.)

(Ord. No. 2352, § 2(5.5.12.E), 7-13-93; Ord. No. 2956, § 1, 11-11-14)

No building or structure shall be permitted in the R-9 district except in conformance with the dimensional requirements set forth in section 114-765.

(Ord. No. 2352, § 2(5.5.12.F), 7-13-93)

Off-street parking and loading facilities shall be provided in the R-9 district as required in chapter 90, article III, division 6.

(Ord. No. 2352, § 2(5.5.12.G), 7-13-93)

No sign shall be permitted in any R-9 district except in conformance with the requirements set forth in chapter 110.

(Ord. No. 2352, § 2(5.5.12.H), 7-13-93)

The purpose and intent of the Residential High Density 10 (R-10) zoning district is to provide for those projects with base densities of between 21 and 40 units per acre. Projects in this district may be on land in single or common ownership; require the preparation and approval of detailed site plans; and require a sufficient amount of open space; and shall have direct access to an arterial or collector roadway as designated by the comprehensive plan.

(Ord. No. 2720, § 1, 4-26-05)

Condominiums;

Townhouses;

Apartments;

Multiple-family dwellings;

Public parks;

Recreational uses.

(Ord. No. 2720, § 1, 4-26-05)

These include uses such as recreation facilities, laundry rooms, maintenance buildings and community buildings.

(Ord. No. 2720, § 1, 4-26-05)

None.

(Ord. No. 2720, § 1, 4-26-05)

The following dimensional requirements shall apply to multifamily development in all R-10 areas.

(1)

Minimum project size: The minimum project size shall be one acre.

(2)

Project density: The maximum number of dwelling units shall not exceed 40 units per gross acre.

(3)

Project perimeter setbacks: Front, rear, and side setbacks shall be designed so that no building is located closer than 35 feet from a public right-of-way. Setbacks from interior property lines shall be a minimum of 25 feet.

(4)

Building spacing requirements: Fifty feet between any combination of fronts or rears of adjacent buildings. Twenty-five feet between any other combination of principal buildings.

(5)

Maximum building height: The maximum building height shall be 70 feet other than riverfront property which may not exceed 35 feet.

(6)

Location of parking areas: No parking or drives shall be located in the first 20 feet of the required front yard except for direct access drives through the yard. Driveways or parking areas may be permitted in the side or rear yards but may not be within ten feet of a property line or any building.

(7)

Sidewalks: Sidewalks shall be constructed along all public streets.

(Ord. No. 2720, § 1, 4-26-05)

At least 30 percent of the project site shall be retained as open space. Open space does not include any land areas devoted to buildings, sidewalks, interior streets, parking areas or access drives. All open space areas shall be landscaped in accordance with the city's landscape ordinance.

(Ord. No. 2720, § 1, 4-26-05)

Prior to the issuance of a building permit, a site plan approval shall be obtained according to the provisions of this Code.

(Ord. No. 2720, § 1, 4-26-05)

This division shall apply to all B-1 districts.

(Ord. No. 2352, § 2(5.5.13.A), 7-13-93)

The B-1 districts are intended to provide areas for professional and medical uses with special emphasis on architectural design, site planning, landscaping, and size, location and lighting of signs.

(Ord. No. 2352, § 2(5.5.13.B), 7-13-93)

Permitted principal uses and structures in the B-1 district are as follows:

(1)

Administrative offices.

(2)

Professional services offices.

(3)

Hospitals.

(4)

Laboratories: biological, optical, medical, dental, and X-ray, but not including research and development laboratories related to the manufacturing of drugs for distribution and sale, and not including blood banks.

(5)

Pharmacies, to include licensed medical marijuana treatment centers/dispensaries, shall not be located within one mile "as the crow flies" of another pharmacy. The distance shall be measured as the linear distance between the two closest property lines.

(6)

Adult congregate living facilities not exceeding 65 clients per acre (licensed capacity).

(7)

Rest and convalescence homes.

(8)

Banks and savings and loans.

(9)

Adult day care centers.

(Ord. No. 2352, § 2(5.5.13.C), 7-13-93; Ord. No. 2454, § 1, 3-11-97; Ord. No. 2495, § 1, 1-13-98; Ord. No. 3078, § 3, 6-11-24)

Prohibited uses in the B-1 district are as follows:

(1)

Blood banks.

(2)

Tattoo parlors.

(Ord. No. 2454, § 1, 3-11-97; Ord. No. 2460, § 1, 3-25-97)

Permitted accessory uses and structures in the B-1 district are as follows:

(1)

Uses customarily associated with, dependent on and incidental to the permitted principal use.

(2)

Identification signs of not more than six square feet either attached to the facade of the building only or erected in a front or side yard abutting a street. If placed in a yard, the sign shall not be closer than three feet to the property line and no more than five feet in height. If lighting is provided, such light shall be indirect and nonflashing.

(Ord. No. 2352, § 2(5.5.13.D), 7-13-93; Ord. No. 2454, § 1, 3-11-97)

Special exceptions in the B-1 district are as follows:

(1)

City-owned and quasipublic service and safety facilities. (Refer to section 114-669.)

(2)

Child day care centers. (Refer to section 114-667.)

(3)

Meeting places for civic, fraternal and service organizations. (Refer to section 114-663.)

(4)

Cemeteries. (Refer to section 114-664.)

(5)

Rest homes and retirement centers. (Refer to section 114-671.)

(6)

Residential retirement health care facilities. (Refer to section 114-672.)

(7)

Adult congregate living facilities. (Refer to section 114-665.)

(8)

Houses of worship. (Refer to section 114-666.)

(Ord. No. 2352, § 2(5.5.13.E), 7-13-93; Ord. No. 2454, § 1, 3-11-97; Ord. No. 2495, § 1, 1-13-98)

No building or structure shall be permitted in the B-1 district except in conformance with the dimensional requirements set forth in section 114-765.

(Ord. No. 2352, § 2(5.5.13.F), 7-13-93; Ord. No. 2454, § 1, 3-11-97)

Off-street parking and loading facilities shall be provided in the B-1 district as required in chapter 90, article III, division 6.

(Ord. No. 2352, § 2(5.5.13.G), 7-13-93; Ord. No. 2454, § 1, 3-11-97)

No sign shall be permitted in any B-1 district except in conformance with the requirements set forth in chapter 110.

(Ord. No. 2352, § 2(5.5.13.H), 7-13-93; Ord. No. 2454, § 1, 3-11-97)

This division shall apply to all B-2 districts.

(Ord. No. 2352, § 2(5.5.14.A), 7-13-93)

The B-2 districts are intended to provide areas for the establishment of compatible retail uses as part of a totally planned shopping center designed to serve an extensive part of the community.

(Ord. No. 2352, § 2(5.5.14.B), 7-13-93)

Permitted principal uses and structures in the B-2 district are as follows:

(1)

Administrative offices.

(2)

Professional services offices.

(3)

Retail sales and services.

(4)

Personal services.

(5)

Restaurants, type A and B, except when such uses are located on a parcel abutting any R-1 through R-9 zoned property.

(6)

Medical and dental clinics.

(7)

Bars and nightclubs, except when such uses are located on a parcel abutting any R-1 through R-9 zoned property.

(8)

Adult day care centers.

(Ord. No. 2352, § 2(5.5.14.C), 7-13-93; Ord. No. 2495, § 1, 1-13-98)

Prohibited uses in the B-2 district are as follows:

(1)

Reserved.

(Ord. No. 2460, § 1, 3-25-97; Ord. No. 2463, § 1, 4-22-97)

Permitted accessory uses and structures in the B-2 district are as follows:

(1)

Uses customarily associated with, dependent on and incidental to the permitted principal use.

(2)

Outside display, storage or sale of goods and objects that are customarily associated with and incidental to a permitted principal use. (Refer to section 114-767.)

(Ord. No. 2352, § 2(5.5.14.D), 7-13-93; Ord. No. 2460, § 1, 3-25-97)

Special exceptions in the B-2 district are as follows:

(1)

City-owned and quasipublic service and safety facilities. (Refer to section 114-669.)

(2)

Child day care centers. (Refer to section 114-667.)

(3)

Meeting places for civic, fraternal and service organizations. (Refer to section 114-663.)

(4)

Theaters. (Refer to section 114-674.)

(5)

Marinas. (Refer to section 114-673.)

(6)

Self-service automobile fuel stations and accessory self-service fuel pumps. (Refer to section 114-682.)

(7)

Restaurants, type A and B, when such uses are located on a parcel abutting any R-1 through R-9 zoned property. (Refer to section 114-690.)

(8)

Bars and nightclubs, when such uses are located on a parcel abutting any R-1 through R-9 zoned property. (Refer to section 114-691.)

(9)

Tattoo parlors. (Refer to section 114-696.)

(10)

Amusement center. (Refer to section 114-701.)

(11)

House of worship. (Refer to section 114-666.)

(Ord. No. 2352, § 2(5.5.14.E), 7-13-93; Ord. No. 2463, § 1, 4-22-97; Ord. No. 2495, § 1, 1-13-98; Ord. No. 2680, § 2, 1-27-04; Ord. No. 2956, § 1, 11-11-14)

No building or structure shall be permitted in the B-2 district except in conformance with the dimensional requirements set forth in section 114-765.

(Ord. No. 2352, § 2(5.5.14.F), 7-13-93; Ord. No. 2460, § 1, 3-25-97)

Off-street parking and loading facilities shall be provided in the B-2 district as required in chapter 90, article III, division 6.

(Ord. No. 2352, § 2(5.5.14.G), 7-13-93; Ord. No. 2460, § 1, 3-25-97)

No sign shall be permitted in any B-2 district except in conformance with the requirements set forth in chapter 110.

(Ord. No. 2352, § 2(5.5.14.H), 7-13-93; Ord. No. 2460, § 1, 3-25-97)

This division shall apply to all B-3 districts.

(Ord. No. 2352, § 2(5.5.15.A), 7-13-93; Ord. No. 2718, § 1, 4-12-05)

The B-3 districts are intended to provide a limited range of uses, emphasizing the sale of convenience goods and services that are needed on a frequent basis, and are only intended to serve people in the immediate neighborhood. If more than a single use is intended, the centers should be planned as integral projects.

(Ord. No. 2352, § 2(5.5.15.B), 7-13-93; Ord. No. 2718, § 1, 4-12-05)

Permitted principal uses and structures in the B-3 district are as follows:

(1)

Self-service laundromats.

(2)

Convenience grocery stores.

(3)

Beauty salons.

(4)

Barbershops.

(5)

Newsstands.

(6)

Adult day care centers.

(7)

Bed and breakfast accommodations.

(8)

Catering services.

(9)

Coffee shops (See Note 1, below).

(10)

Convenience and specialty foods (including the sale of sundry goods incidental to the sale of food).

(11)

Post offices (limited services only).

(12)

Professional offices (See Note 1, below).

(13)

Restaurants (not including drive-through take-out service) (See Note 1, below).

(14)

Low-intensity, neighborhood-compatible specialty retail sales and services establishments which are deemed by the city commission to be similar in character to another expressly permitted principal use and clearly within the legislative intent of the B-3 neighborhood commercial classification. Any interested person, specifically including the administration of the city, may request the city commission to interpret whether a specific use.

(15)

Accessory residential use of no greater than one dwelling unit per commercial business.

Note 1: These uses are permitted uses only when the property has access and is directly adjacent to an arterial or collector roadway as identified in the adopted comprehensive plan. Otherwise the uses may be approved by special exception only.

(Ord. No. 2352, § 2(5.5.15.C), 7-13-93; Ord. No. 2495, § 1, 1-13-98; Ord. No. 2718, § 1, 4-12-05)

Prohibited uses in the B-3 district are as follows:

(1)

Tattoo parlors.

(2)

Automobile service stations.

(3)

Motor vehicle sales.

(Ord. No. 2460, § 1, 3-25-97; Ord. No. 2718, § 1, 4-12-05; Ord. No. 2851, § 1, 7-28-09)

Permitted accessory uses and structures in the B-3 district are as follows:

(1)

Uses customarily associated with, dependent on and incidental to the permitted principal use.

(2)

Outside display, storage or sale of goods and objects that are customarily associated with and incidental to a permitted principal use. (Refer to section 114-767.)

(3)

One residential dwelling unit over or to the rear of a first-story permitted principal use.

(Ord. No. 2352, § 2(5.5.15.D), 7-13-93; Ord. No. 2460, § 1, 3-25-97; Ord. No. 2718, § 1, 4-12-05)

Special exceptions in the B-3 district are as follows:

(1)

City-owned and quasi-public service and safety facilities. (Refer to section 114-669.)

(2)

Child day care centers. (Refer to section 114-667.)

(3)

Meeting places for civic, fraternal and service organizations. (Refer to section 114-663.)

(4)

Houses of worship. (Refer to section 114-666.)

(5)

Neighborhood business parks. (Refer to section 114-692.)

(6)

Low-intensity, neighborhood-compatible specialty retail establishments.

(7)

Banquet facilities.

(8)

Coffee shops in accordance with Note 1, above.

(9)

Professional offices in accordance with Note 1, above.

(10)

Restaurants (not including drive-through take-out service) in accordance with Note 1, above.

(11)

Rental of trailers and moving vans (refer to section 114-675).

(Ord. No. 2352, § 2(5.5.15.E), 7-13-93; Ord. No. 2385, § 1, 10-26-94; Ord. No. 2460, § 1, 3-25-97; Ord. No. 2495, § 1, 1-13-98; Ord. No. 2718, § 1, 4-12-05; Ord. No. 2851, § 1, 7-28-09)

No building or structure shall be permitted in the B-3 district except in conformance with the dimensional requirements set forth in section 114-765.

(Ord. No. 2352, § 2(5.5.15.F), 7-13-93; Ord. No. 2460, § 1, 3-25-97; Ord. No. 2718, § 1, 4-12-05)

Off-street parking and loading facilities shall be provided in the B-3 district as required in chapter 90, article III, division 6.

(Ord. No. 2352, § 2(5.5.15.G), 7-13-93; Ord. No. 2460, § 1, 3-25-97; Ord. No. 2718, § 1, 4-12-05)

No sign shall be permitted in any B-3 district except in conformance with the requirements set forth in chapter 110.

(Ord. No. 2352, § 2(5.5.15.H), 7-13-93; Ord. No. 2460, § 1, 3-25-97; Ord. No. 2718, § 1, 4-12-05)

This division shall apply to all B-4 districts.

(Ord. No. 2352, § 2(5.5.16.A), 7-13-93)

The B-4 districts are intended to provide areas for tourists and secondarily to residents of the area. Such districts are to be located only along major traffic arteries.

(Ord. No. 2352, § 2(5.5.16.B), 7-13-93)

Permitted principal uses and structures in the B-4 district are as follows:

(1)

Any use permitted in the B-1 professional office/hospital-medical district.

(2)

Administrative offices.

(3)

Retail sales and services.

(4)

Personal services.

(5)

Restaurants, type A and B, except when such uses are located on a parcel abutting any R-1 through R-9 zoned property.

(6)

Bars and nightclubs, except when such uses are located on a parcel abutting any R-1 through R-9 zoned property.

(7)

Houses of worship.

(8)

Application of permanent makeup.

(9)

Adult day care centers.

(Ord. No. 2352, § 2(5.5.16.C), 7-13-93; Ord. No. 2398, § 1, 5-9-95; Ord. No. 2460, § 1, 3-25-97; Ord. No. 2495, § 1, 1-13-98)

Prohibited uses in the B-4 district are as follows:

(1)

Blood banks.

(2)

Tattoo parlors except that tattoo parlors shall be permitted on B-4 zoned property only within the redevelopment district overlay if approved by special exception.

(Ord. No. 2454, § 1, 3-11-97; Ord. No. 2460, § 1, 3-25-97; Ord. No. 2999, § 2, 3-13-18)

Permitted accessory uses and structures in the B-4 district are as follows:

(1)

Uses customarily associated with, dependent on and incidental to the permitted principal use.

(2)

Outside display, storage or sale of goods and objects that are customarily associated with and incidental to a permitted principal use. (Refer to section 114-767.)

(Ord. No. 2352, § 2(5.5.16.D), 7-13-93; Ord. No. 2454, § 1, 3-11-97)

Special exceptions in the B-4 district are as follows:

(1)

City-owned and quasipublic service and safety facilities. (Refer to section 114-669.)

(2)

Child day care centers. (Refer to section 114-667.)

(3)

Meeting places for civic, fraternal and service organizations. (Refer to section 114-663.)

(4)

Self-service automobile fuel stations and accessory self-service fuel pumps. (Refer to section 114-682.)

(5)

Motor vehicle rentals. (Refer to section 114-675.)

(6)

Type A and B service stations. (Refer to section 114-682.)

(7)

Flea markets and farmers' markets. (Refer to section 114-676.)

(8)

Restaurants, type A and B, when such uses are located on a parcel abutting any R-1 through R-9 zoned property. (Refer to section 114-690.)

(9)

Bars and nightclubs, when such uses are located on a parcel abutting any R-1 through R-9 zoned property. (Refer to section 114-691.)

(10)

New and used car lots. (Refer to section 114-683.)

(11)

Indoor shooting ranges. (Refer to section 114-697.)

(12)

Schools (public, private, parochial or technical) (Refer to section 114-698).

(13)

Amusement center. (Refer to section 114-701.)

(Ord. No. 2352, § 2(5.5.16.E), 7-13-93; Ord. No. 2361, § 1(V), 11-9-93; Ord. No. 2471, § 1, 6-24-97; Ord. No. 2454, § 1, 3-11-97; Ord. No. 2495, § 1, 1-13-98; Ord. No. 2561, § 1, 5-11-99; Ord. No. 2680, § 2, 1-27-04)

No building or structure shall be permitted in the B-4 district except in conformance with the dimensional requirements set forth in section 114-765.

(Ord. No. 2352, § 2(5.5.16.F), 7-13-93; Ord. No. 2454, § 1, 3-11-97)

Off-street parking and loading facilities shall be provided in the B-4 district as required in chapter 90, article III, division 6.

(Ord. No. 2352, § 2(5.5.16.G), 7-13-93; Ord. No. 2454, § 1, 3-11-97)

No sign shall be permitted in any B-4 district except in conformance with the requirements set forth in chapter 110.

(Ord. No. 2352, § 2(5.5.16.H), 7-13-93; Ord. No. 2454, § 1, 3-11-97)

This division shall apply to all B-5 districts.

(Ord. No. 2352, § 2(5.5.17.A), 7-13-93)

The B-5 districts are intended to provide areas for local retail stores and services primarily for the use of residents of the community and which are less intensive than those uses permitted in the light industrial districts.

(Ord. No. 2352, § 2(5.5.17.B), 7-13-93)

Permitted principal uses and structures in the B-5 district are as follows:

(1)

Any use permitted in the B-1 professional office/hospital-medical district.

(2)

Any use permitted in the B-4 highway business district.

(3)

Self-service storage facilities (miniware- houses). (Refer to section 114-686.)

(4)

Application of permanent makeup.

(5)

Adult day care centers.

(Ord. No. 2352, § 2(5.5.17.C), 7-13-93; Ord. No. 2460, § 1, 3-25-97; Ord. No. 2495, § 1, 1-13-98)

Prohibited uses in the B-5 district are as follows:

(1)

Blood banks.

(2)

Tattoo parlors.

(Ord. No. 2454, § 1, 3-11-97; Ord. No. 2460, § 1, 3-25-97)

Permitted accessory uses and structures in the B-5 district are as follows:

(1)

Uses customarily associated with, dependent on and incidental to the permitted principal use.

(2)

Outside display, storage or sale of goods and objects that are customarily associated with and incidental to a permitted principal use. (Refer to section 114-767.)

(Ord. No. 2352, § 2(5.5.17.D), 7-13-93; Ord. No. 2454, § 1, 3-11-97)

Special exceptions in the B-5 district are as follows:

(1)

City-owned and quasipublic service and safety facilities. (Refer to section 114-669.)

(2)

Child day care centers. (Refer to section 114-667.)

(3)

Meeting places for civic, fraternal and service organizations. (Refer to section 114-663.)

(4)

Self-service automobile fuel stations and accessory self-service fuel pumps. (Refer to section 114-682.)

(5)

Motor vehicle rentals. (Refer to section 114-675.)

(6)

Type A and B service stations. (Refer to section 114-682.)

(7)

Flea markets and farmers' markets. (Refer to section 114-676.)

(8)

Restaurants, type A and B, when such uses are located on a parcel abutting any R-1 through R-9 zoned property. (Refer to section 114-690.)

(9)

Bars and nightclubs, when such uses are located on a parcel abutting any R-1 through R-9 zoned property. (Refer to section 114-691.)

(10)

New and used car lots. (Refer to section 114-683.)

(11)

Amusement center. (Refer to section 114-701.)

(Ord. No. 2352, § 2(5.5.17.E), 7-13-93; Ord. No. 2361, § 1(VI), 11-9-93; Ord. No. 2454, § 1, 3-11-97; Ord. No. 2495, § 1, 1-13-98; Ord. No. 2680, § 2, 1-27-04)

No building or structure shall be permitted in the B-5 district except in conformance with the dimensional requirements set forth in section 114-765.

(Ord. No. 2352, § 2(5.5.17.F), 7-13-93; Ord. No. 2454, § 1, 3-11-97)

Off-street parking and loading facilities shall be provided in the B-5 district as required in chapter 90, article III, division 6.

(Ord. No. 2352, § 2(5.5.17.G), 7-13-93; Ord. No. 2454, § 1, 3-11-97)

No sign shall be permitted in any B-5 district except in conformance with the requirements set forth in chapter 110.

(Ord. No. 2352, § 2(5.5.17.H), 7-13-93; Ord. No. 2454, § 1, 3-11-97)

This division shall apply to the B-6 Ridgewood Avenue business district.

(Ord. No. 2352, § 2(5.5.18.A), 7-13-93)

The B-6 district regulations are intended to promote the relatively intense development of general retail commercial and service uses along Ridgewood Avenue, to promote a mix of uses that are compatible and functionally related so as to enhance the economy of the area, to promote functionally efficient and visually attractive open spaces along the street and between buildings, and to promote the efficient use of Ridgewood Avenue and minimize the deleterious effects of vehicle turning movements on its traffic-carrying capacity through reasonable access controls.

(Ord. No. 2352, § 2(5.5.18.B), 7-13-93)

Permitted principal uses and structures in the B-6 district are as follows:

(1)

Any use permitted in the B-1 professional office/hospital-medical district.

(2)

Any use permitted in the B-2 planned shopping center district.

(3)

Any use permitted in the B-3 neighborhood commercial district.

(4)

Any use permitted in the B-4 highway business district.

(5)

Any use permitted in the B-5 general commercial district.

Upon the application of any interested person, specifically including the administration of the city, uses which are similar in character and are clearly within the legislative intent of the classification may be added by resolution of the city commission.

(Ord. No. 2352, § 2(5.5.18.C), 7-13-93)

Prohibited uses in the B-6 district are as follows:

(1)

Blood banks.

(2)

Tattoo parlors.

(Ord. No. 2454, § 1, 3-11-97; Ord. No. 2460, § 1, 3-25-97)

Permitted accessory uses and structures in the B-6 district are as follows:

(1)

Advertising signs, subject to the provisions of chapter 110.

(2)

Uses customarily associated with, dependent on and incidental to the permitted principal use.

(3)

Outside display, storage or sale of goods and objects that are customarily associated with and incidental to a permitted principal use. (Refer to section 114-767.)

(Ord. No. 2352, § 2(5.5.18.E), 7-13-93; Ord. No. 2454, § 1, 3-11-97)

Special exceptions in the B-6 district are as follows:

(1)

Child day care centers. (Refer to section 114-667.)

(2)

Motor vehicle sales and rental. (Refer to section 114-675.)

(3)

Gasoline service stations (type A and B). (Refer to section 114-682.)

(4)

New and used car lots. (Refer to section 114-683.)

(5)

Flea markets and farmers' markets. (Refer to section 114-676.)

(6)

Fence manufacturing or assembly. (Refer to section 114-685.)

(7)

Transmission repair services. (Refer to section 114-681.)

(8)

Self-service automobile fuel stations and accessory self-service fuel pumps. (Refer to section 114-682.)

(9)

Restaurants, type A and B, when such uses are located on a parcel abutting any R-1 through R-9 zoned property. (Refer to section 114-690.)

(10)

Bars and nightclubs, when such uses are located on a parcel abutting any R-1 through R-9 zoned property. (Refer to section 114-691.)

(11)

Amusement center. (Refer to section 114-701.)

(Ord. No. 2352, § 2(5.5.18.F), 7-13-93; Ord. No. 2454, § 1, 3-11-97; Ord. No. 2495, § 1, 1-13-98; Ord. No. 2680, § 2, 1-27-04)

Dimensional requirements in the B-6 district are as follows:

(1)

Minimum lot size.

a.

Area: 30,000 square feet.

b.

Depth: 150 feet.

c.

Width (frontage on Ridgewood Avenue): 150 feet.

(2)

Minimum yard size.

a.

Front (abutting Ridgewood Avenue): 25 feet.

b.

Rear: 25 feet, plus three feet for each story over three.

c.

Side: Ten feet.

(3)

Maximum building height.

a.

Maximum building height is 30 feet, measured from the centerline elevation of Ridgewood Avenue.

b.

Maximum building height shall be increased by ten feet for every 10,000 feet of lot area over the 30,000 square feet minimum lot size; provided, however, that under no circumstances shall the building height exceed 70 feet or seven stories.

(4)

Maximum lot coverage. Total area covered by buildings shall not exceed 65 percent of the lot area.

(Ord. No. 2352, § 2(5.5.18.G), 7-13-93; Ord. No. 2454, § 1, 3-11-97)

In the B-6 zoning districts, any lot existing on or before the effective date of the ordinance from which this division is derived that is smaller than the minimum area, width or depth requirements shall be deemed a nonconforming lot of record. When any such nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except the minimum lot area, width or depth requirements, then the lot may be used as proposed just as if it were conforming. However, no use that requires a greater lot size than the established minimum lot size shall be allowed on a nonconforming lot.

(Ord. No. 2352, § 2(5.5.18.H), 7-13-93; Ord. No. 2454, § 1, 3-11-97)

In the B-6 district, landscaped buffer areas meeting the requirements of chapter 98 shall be constructed. In addition, a minimum of 20 percent of the required front yard area or 100 square feet, whichever is greater, shall be landscaped. This required front yard landscaped area may be divided into more than one area, provided no area measures less than ten feet in any dimension. As a minimum, plant materials shall include one tree and ten shrubs for every 250 square feet of required landscaped area.

(Ord. No. 2352, § 2(5.5.18.I), 7-13-93; Ord. No. 2454, § 1, 3-11-97)

Off-street parking and loading facilities shall be provided in the B-6 district as required in chapter 90, article III, division 6.

(Ord. No. 2352, § 2(5.5.18.J), 7-13-93; Ord. No. 2454, § 1, 3-11-97)

No sign shall be permitted in any B-6 district except in conformance with the requirements set forth in chapter 110.

(Ord. No. 2352, § 2(5.5.18.K), 7-13-93; Ord. No. 2454, § 1, 3-11-97)

This division shall apply to all I-1 districts.

(Ord. No. 2352, § 2(5.5.19.A), 7-13-93)

The I-1 districts are intended to provide areas for relatively small light manufacturing, processing, storage, wholesaling and distribution operations. They are intended to encourage sound industrial development without adversely affecting nearby residential and commercial uses.

(Ord. No. 2352, § 2(5.5.19.B), 7-13-93)

Permitted principal uses and structures in the I-1 district are as follows:

(1)

Any use permitted in the B-5 general commercial district.

(2)

Automobile body repair.

(3)

Automobile engine and transmission repair.

(4)

Building contractors' storage, fabrication and assembly.

(5)

Beverage bottling and distribution.

(6)

Building materials sales, storage and distribution.

(7)

Manufacturing and assembly within an enclosed building.

(8)

Warehousing and distribution.

(9)

Self-service automobile fuel stations and accessory self-service fuel pumps. (Refer to section 114-682.)

(10)

Motor vehicle sales and rentals. (Refer to section 114-675.)

(11)

Type A and B service stations. (Refer to section 114-682.)

(Ord. No. 2352, § 2(5.5.19.C), 7-13-93)

Permitted accessory uses and structures in the I-1 district are as follows:

(1)

Uses customarily associated with, dependent on and incidental to the permitted principal use.

(2)

Outdoor advertising signs. (Refer to chapter 110.)

(3)

Outside display, storage or sale of goods and objects that are customarily associated with and incidental to a permitted principal use. (Refer to section 114-767.)

(Ord. No. 2352, § 2(5.5.19.D), 7-13-93)

Special exceptions in the I-1 district are as follows:

(1)

Bulk storage of petroleum products. (Refer to section 114-677.)

(2)

Automobile dismantling and salvage yards. (Refer to section 114-678.)

(3)

Commercial radio and television transmitting and receiving towers, and associated office and transmitting equipment. (Refer to section 114-687.)

(4)

Blood banks. (Refer to section 114-695.)

(Ord. No. 2352, § 2(5.5.19.E), 7-13-93; Ord. No. 2377, § 1, 6-14-94; Ord. No. 2634, § 2, 4-9-02)

No building or structure shall be permitted in the I-1 district except in conformance with the dimensional requirements set forth in section 114-765.

(Ord. No. 2352, § 2(5.5.19.F), 7-13-93)

Off-street parking and loading facilities shall be provided in the I-1 district as required in chapter 90, article III, division 6.

(Ord. No. 2352, § 2(5.5.19.G), 7-13-93)

No sign shall be permitted in any I-1 district except in conformance with the requirements set forth in chapter 110.

(Ord. No. 2352, § 2(5.5.19.H), 7-13-93)

This division shall apply to all I-2 districts.

(Ord. No. 2352, § 2(5.5.20.A), 7-13-93)

The I-2 districts are intended to provide areas for relatively large industrial operations which cause noise, dust and limited smoke and generate substantial truck and automobile traffic.

(Ord. No. 2352, § 2(5.5.20.B), 7-13-93)

Permitted principal uses and structures in the I-2 district are as follows:

(1)

Any use permitted in the B-5 general commercial district.

(2)

Any use permitted in the I-1 wholesale-light industrial district.

(3)

Bulk storage of petroleum products.

(4)

Concrete processing and product manufacturing.

(5)

Motor freight terminals.

(6)

Wrecker/towing services.

(Ord. No. 2352, § 2(5.5.20.C), 7-13-93; Ord. No. 2797, § 1, 4-24-07)

Permitted accessory uses and structures in the I-2 district are as follows:

(1)

Uses customarily associated with, dependent on and incidental to the permitted principal use.

(2)

Outside display, storage or sale of goods and objects that are customarily associated with and incidental to a permitted principal use. (Refer to section 114-767.)

(Ord. No. 2352, § 2(5.5.20.D), 7-13-93)

Special exceptions in the I-2 district are as follows:

(1)

Blood plasma center. (Refer to section 114-700.)

(2)

Automobile dismantling and salvage yards. (Refer to section 114-678.)

(3)

Commercial radio and television transmitting and receiving towers, and associated office and transmitting equipment. (Refer to section 114-687.)

(4)

Blood banks. (Refer to section 114-695.)

(5)

Amusement center. (Refer to section 114-701.)

(Ord. No. 2352, § 2(5.5.20.E), 7-13-93; Ord. No. 2377, § 2, 6-14-94; Ord. No. 2454, § 1, 3-11-97; Ord. No. 2521, § 1, 8-25-98; Ord. No. 2634, § 3, 4-9-02; Ord. No. 2680, § 2, 1-27-04)

No building or structure shall be permitted in the I-2 district except in conformance with the dimensional requirements set forth in section 114-765.

(Ord. No. 2352, § 2(5.5.20.F), 7-13-93)

Off-street parking and loading facilities shall be provided in the I-2 district as required in chapter 90, article III, division 6.

(Ord. No. 2352, § 2(5.5.20.G), 7-13-93)

No sign shall be permitted in any I-2 district except in conformance with the requirements set forth in chapter 110.

(Ord. No. 2352, § 2(5.5.20.H), 7-13-93)

This division shall apply to the CC-1 commercial corridor district.

(Ord. No. 2408, § 1(5.5.21.A), 8-8-95)

The CC-1 district regulations are intended to promote a relatively intense mix of uses along Ridgewood Avenue, including general retail, wholesale commercial, light industrial and limited residential uses, that are compatible and functionally related so as to enhance the economy of the area; to promote functionally efficient and visually attractive open spaces along the street and between buildings; and to promote the efficient use of Ridgewood Avenue and to minimize the deleterious effects of vehicle turning movements on its traffic-carrying capacity through reasonable access controls.

(Ord. No. 2408, § 1(5.5.21.B), 8-8-95)

Permitted principal uses and structures in the CC-1 district are as follows:

(1)

Administrative offices.

(2)

Adult congregate living facilities not exceeding 65 clients per acre (licensed capacity).

(3)

Adult day care centers.

(4)

Banks and savings and loans.

(5)

Barbershops.

(6)

Bars and nightclubs, except when such uses are located on a parcel abutting any R-1 through R-9 zoned property.

(7)

Beauty salons.

(8)

Business services.

(9)

Carwash facilities, except when located on property adjacent to Ridgewood Avenue or LPGA Blvd., in which case such use is allowed by special exception.

(10)

Child day care centers.

(11)

Civic, fraternal and service organizations.

(12)

Clubs, private.

(13)

Convenience grocery stores.

(14)

General office uses.

(15)

Hospitals.

(16)

Hotels/motels.

(17)

Houses of worship.

(18)

Laboratories: biological, optical, medical, dental and X-ray, but not including research and development laboratories related to the manufacturing of drugs for distribution and sale.

(19)

Manufacturing (light industrial).

(20)

Marinas.

(21)

Medical and dental clinics.

(22)

Miniwarehouses.

(23)

Motor vehicle sales and rentals.

(24)

Newsstands.

(25)

Personal services.

(26)

Pharmacies, to include licensed medical marijuana treatment centers/dispensaries, shall not be located within one mile "as the crow flies" of another pharmacy. The distance shall be measured as the linear distance between the two closest property lines.

(27)

Professional services offices.

(28)

Public uses.

(29)

Public utility uses and structures.

(30)

Recreational vehicles and equipment sales (including boat sales).

(31)

Residential dwelling units (not more than ten dwelling units per acre in conjunction with a nonresidential use only).

(32)

Rest and convalescent homes.

(33)

Restaurants, type A or B, except when such uses are located on a parcel abutting any R-1 through R-9 zoned property.

(34)

Retail sales and services.

(35)

Retail specialty shops.

(36)

Self-service laundromats.

(37)

Shopping centers.

(38)

Veterinary clinics.

(39)

Warehousing and distribution.

(40)

Motor vehicle and marine sales, services, parts and repair.

(41)

Paint and body shops, except when such uses are located on a parcel abutting Ridgewood Avenue (U.S. 1/S.R. 5) or abutting any R-1 through R-9 zoned property.

The development code administrator and the city planner may jointly authorize any use which is similar in character to any listed permitted use and which is clearly within the legislative intent of the classification.

(Ord. No. 2408, § 1(5.5.21.C), 8-8-95; Ord. No. 2416, § 1, 10-10-95; Ord. No. 2817, § 2, 10-9-07; Ord. No. 3078, § 3, 6-11-24)

The following uses are prohibited in the CC-1 district:

(1)

Asphalt batching plants.

(2)

Blood plasma centers.

(3)

Bulk storage of petroleum products and other flammable substances.

(4)

Concrete plants.

(5)

Truck and automobile salvage yards.

(6)

Temporary labor halls and similar uses, but not including employment services.

(7)

Tattoo parlors, except that tattoo parlors shall be permitted on CC-1 zoned property only within the redevelopment district overlay if approved by special exception.

(Ord. No. 2408, § 1(5.5.21.D), 8-8-95; Ord. No. 2460, § 1, 3-25-97; Ord. No. 2999, § 2, 3-13-18)

Permitted accessory uses and structures in the CC-1 district are as follows:

(1)

Advertising signs, subject to the provisions of chapter 110.

(2)

Uses customarily associated with, dependent on and incidental to the permitted principal use.

(3)

Outside display, storage or sale of goods and objects that are customarily associated with and incidental to a permitted principal use. (Refer to section 114-767.)

(Ord. No. 2408, § 1(5.5.21.E), 8-8-95)

Special exceptions in the CC-1 district are as follows:

(1)

Automobile service stations (type A and B) (Refer to section 114-682.)

(2)

Bars and nightclubs, when such uses are located on a parcel abutting any R-1 through R-9 zoned property. (Refer to section 114-691.)

(3)

Fence manufacturing and assembly. (Refer to section 114-684.)

(4)

Flea markets and farmers' markets. (Refer to section 114-676.)

(5)

Restaurants, types A and B, when such uses are located on a parcel abutting any R-1 through R-9 zoned property. (Refer to section 114-690.)

(6)

Self-service automobile fuel stations and accessory self-service fuel pumps. (Refer to section 114-682.)

(7)

Transmission repair services. (Refer to section 114-681.)

(8)

Truck and rail freight terminals.

(Ord. No. 2408, § 1(5.5.21.F), 8-8-95)

Dimensional requirements in the CC-1 district are as follows:

(1)

Minimum lot size.

a.

Area: 10,000 square feet.

b.

Depth: 100 feet.

c.

Width: 100 feet.

(2)

Minimum yard size.

a.

Front (abutting Ridgewood Avenue and LPGA Boulevard): 25 feet; (abutting all other streets: 15 feet)

b.

Rear: 15 feet, plus three feet for each story over three.

c.

Side: Ten feet.

(3)

Maximum building height.

a.

Maximum building height is 30 feet, measured from the centerline elevation of Ridgewood Avenue.

b.

Maximum building height shall be increased by ten feet for every 10,000 feet of lot area over 20,000 square feet lot size; provided, however, that under no circumstances shall the building height exceed 70 feet or seven stories.

(4)

Maximum lot coverage. None.

(Ord. No. 2408, § 1(5.5.21.G), 8-8-95; Ord. No. 2435, § 1, 7-23-96; Ord. No. 2466, § 1, 5-27-97)

In the CC-1 zoning districts, any lot existing on or before the effective date of the ordinance from which this division is derived that is smaller than the minimum area, width or depth requirements shall be deemed a nonconforming lot of record. When any such nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except the minimum lot area, width or depth requirements, then the lot may be used as proposed just as if it were conforming. However, no use that requires a greater lot size than the established minimum lot size shall be allowed on a nonconforming lot.

(Ord. No. 2408, § 1(5.5.21.H), 8-8-95)

Landscaped buffer areas meeting the requirements of chapter 98 shall be constructed in the CC-1 district. In addition, a minimum of 20 percent of the required front yard area or 100 square feet, whichever is greater, shall be landscaped. This required front yard landscaped area may be divided into more than one area, provided no area measures less than ten feet in any dimension. As a minimum, plant materials shall include one tree and ten shrubs for every 250 square feet of required landscaped area.

(Ord. No. 2408, § 1(5.5.21.I), 8-8-95)

Off-street parking and loading facilities shall be provided in the CC-1 district as required in chapter 90, article III, division 6.

(Ord. No. 2408, § 1(5.5.21.J), 8-8-95)

No sign shall be permitted in any CC-1 district except in conformance with the requirements set forth in chapter 110.

(Ord. No. 2408, § 1(5.5.21.K), 8-8-95)

The following performance and design standards shall apply in the CC-1 district:

(1)

Building service areas. No loading docks or ramps and no cargo doors, bay doors or other building entries for bulk goods and heavy equipment shall be permitted on the face of any building which is oriented toward Ridgewood Avenue. Where access to such loading docks, ramps or entries can be provided by way of a side or rear street or alley, it shall be so provided. Service and loading areas and trash facilities shall be screened from view from Ridgewood Avenue.

(2)

Structure design and appearance. Any building face which is oriented toward Ridgewood Avenue shall be designed to present an interesting visual impression. The placement of windows and use of different textures, complementary colors, shadow lines, detailing and contrasting shapes to create an appealing facade is strongly encouraged. The use of single colors or blank walls is discouraged. All proposed buildings or structures shall be sensitive to the existing community character. This includes the following:

a.

The existing proportional relationship between buildings, open space and building setbacks shall be maintained.

b.

The color, height, materials and facade treatment of new development shall not dramatically contrast with the predominant style of adjacent buildings.

c.

The scale of development shall not overpower neighboring buildings. Through the use of variations in building height, roofline and grade definition, the perceived height of the building or project can be effectively reduced.

(3)

Design for security. The site and architectural design shall provide a sense of security for the users. Customer entrances and exits shall be clearly visible from Ridgewood Avenue and shall be well lighted for security purposes.

(4)

Integration of residential dwelling. When residential dwelling units are provided in conjunction with a nonresidential use, such residential dwelling units shall be located above or to the rear of the nonresidential use. Ground-level residential dwelling units shall not be permitted to front on Ridgewood Avenue.

(5)

General impacts. No use or activity shall be permitted that would:

a.

Cause or result in dissemination of dust, smoke, gas or fumes, odor, noise, vibration or excessive light beyond the boundaries of the lot on which the use or activity is conducted; menace by reason of fire, explosion, radiation or other physical hazards; harmful discharge of waste materials; or unusual traffic hazards or congestion due to the number or type of vehicles required by or associated with the use or activity. The performance standards for this subsection shall be those set forth in article III, division 9, of this chapter.

b.

Be dangerous to the comfort, peace, enjoyment, health or safety of the community or the abutting areas or tend to their disturbance or annoyance.

c.

Be inconsistent with the appropriate and orderly development of the redevelopment district or the adjacent areas.

(Ord. No. 2408, § 1(5.5.21.L), 8-8-95)

This section shall apply to the planned unit development (PUD) districts.

(Ord. No. 2573, § 1(5.5.21A), 1-11-00)

The purpose and intent of the planned unit development (PUD) classification is to provide for integrated developments, which are consistent with the comprehensive plan, so as to promote a mixture of housing costs and types and economical and orderly development consisting of a single or of a mixture of compatible land uses. Further, it is intended that a proposed development be sensitive to existing adjacent and future land uses as depicted by the future land use map of the comprehensive plan, the natural environment and the impact upon supporting public infrastructure through such mechanisms as, but not limited to, the establishment of appropriate buffer areas between land uses, limitations upon the types of permissible uses and structures which are to be permitted in the development.

The PUD classification has been divided into five subclassifications. These subclassifications are agriculture PUD, residential PUD, business PUD, industrial PUD and mixed use PUD.

Agriculture use, as authorized by the agriculture PUD classification, may be viewed as an interim land use that does not significantly impact public services and facilities nor preclude eventual use of the land as prescribed in the city's comprehensive plan. Therefore, the agriculture PUD classification may be deemed to be consistent with any residential, commercial, industrial and institutional future land use designation of the comprehensive plan.

Further regulations applicable to all planned unit developments are located in section 114-771.

(Ord. No. 2573, § 1(5.5.21B), 1-11-00; Ord. No. 2618, § 1, 9-25-01)

The permitted principal uses and structures shall be those agreed upon by the city commission and are dependent upon which subclassification is requested.

(1)

An agriculture planned unit development shall be indicated by an APUD. The permitted uses within an APUD may include the growing of vegetables, fruits, grains, nuts, herbs, spices, mushrooms, and ornamental plants for commercial purposes; the processing of agricultural products produced on the premises including, but not limited to, canning and juicing; the sale of agricultural products produced on the site, including the sale directly to individual consumers who may or may not pick or harvest the produce themselves; and the raising and/or keeping of limited numbers of certain types of animals as may be specifically authorized in an approved development agreement. In addition, limited sales of goods not produced on the premises may be permitted only to the extent specifically authorized in a development agreement provided such sales are incidental and subordinate to the production and sale of agricultural products produced on the premises. The following uses shall not be permitted: a) raising and/or keeping large animals including horses, burros, donkeys, cows and oxen, except as may be permitted in conjunction with an approved special event; b) raising and/or keeping roosters, peacocks and other crowing or "crying" fowl; c) kennels.

(2)

A residential planned unit development shall be indicated by an RPUD. The permitted uses within an RPUD may be those found in any of the residential zoning classifications of this chapter, provided that said uses are listed in the development agreement and have been approved by the city commission.

(3)

A business planned unit development shall be indicated by a BPUD. The permitted uses within a BPUD may be those found in any of the business zoning classifications of this chapter, provided that said uses are listed in the development agreement and have been approved by the city commission.

(4)

An industrial planned unit development shall be indicated by an IPUD. The permitted uses within a [an] IPUD may be those found in any of the industrial zoning classifications of this chapter, provided that said uses are listed in the development agreement and have been approved by the city commission.

(5)

A mixed use planned unit development shall be indicated by a [an] MPUD. The permitted uses within a [an] MPUD may consist of any of the uses as approved by the city commission.

(6)

Other uses and structures of a similar nature to those listed, after determination by the city commission at the time of master development plan approval that such uses and structures are compatible with the pud development and the surrounding area.

(Ord. No. 2573, § 1(5.5.21C), 1-11-00; Ord. No. 2618, § 1, 9-25-01)

(1)

Minimum project size:

Area:

a.

Agriculture PUD: Eight acres.

b.

Residential PUD: Two acres.

c.

Business and Industrial PUD: No minimum.

d.

Mixed Use PUD: One acre.

(2)

Minimum lot area and yard requirements: Minimum lot sizes, width, and yard areas shall be described in the development agreement. In determining yard sizes, the city commission shall consider whether or not the proposed PUD will adversely affect adjoining properties. Factors which may be considered in determining yard sizes include, but are not limited to, existing and future land uses, lot size, and buffer requirements.

(3)

Density: The total number of dwelling units per acre of land shall be calculated and described in the development agreement.

(Ord. No. 2573, § 1(5.5.21D), 1-11-00; Ord. No. 2618, § 1, 9-25-01; Ord. No. 2794, § 1, 4-10-07)

The location, width and composition of landscaped buffers shall be determined with consideration of existing and probable future uses in the project and in the surrounding area. They shall be described in the development agreement.

(Ord. No. 2573, § 1(5.5.21E), 1-11-00)

Off-street parking and loading spaces meeting the requirements of section 90-241 shall be constructed. If no parking requirements are prescribed in section 90-241 for a proposed use, the development agreement shall include a requirement for such proposed use. The city commission may allow a reduced number of parking spaces provided such reduction is justified by substantial competent evidence. Any modifications to said requirements, which may be granted by the city commission shall be described in the development agreement.

(Ord. No. 2573, § 1(5.5.21F), 1-11-00; Ord. No. 2618, § 1, 9-25-01)

(1)

Purpose. The traffic impact analysis report is designed to identify the traffic impacts and problems which are likely to be generated by a proposed use because of size, density, traffic generation rates, or location. The report will also identify all improvements required to ensure safe ingress and egress from a proposed development, maintenance of adequate street capacity, and elimination of hazardous conditions and improvements necessary for immediately surrounding roadways and intersections as a result of the property development.

(2)

Thresholds for traffic impact analysis report. A traffic impact analysis report shall be required, unless waived by the city commission, for any use which will generate in excess of 1,000 trips per day according to rates published by the Institute of Transportation Engineers "Trip Generation Manual" (latest edition) or the Florida Department of Transportation, or according to rates documented by study and agreed to prior to use by the city commission. The contents of the traffic impact analysis report shall meet the requirements of section 114-772.

(Ord. No. 2573, § 1(5.5.21G), 1-11-00)

Signs will be permitted in accordance with article X of this chapter. For agriculture PUDs, the number, size and location of all signs shall be prescribed in the development agreement.

(Ord. No. 2573, § 1(5.5.21H), 1-11-00; Ord. No. 2618, § 1, 9-25-01)

The purpose of this zoning district is to provide greater site-design and land use flexibility by removing some conventional zoning restrictions so that land under unified control can be planned and developed for a compatible mix of office, commercial, and multifamily residential, uses along with limited single-family uses as an adjunct to a business use. Mixed use 1 zoning is limited to arterial roadway corridors and the redevelopment district. This zoning is encouraged for the following reasons:

(1)

Land use diversity: Diversification of uses, residential structure types and open spaces when not in conflict with abutting properties.

(2)

Efficiency: Reduction of facility improvement and maintenance costs through a more efficient use of land and a smaller network of utilities and streets than is possible through application of conventional site design controls.

(3)

Open space: Conservation of the natural amenities of the land by encouraging the preservation of scenic and functional open space.

(4)

Site planning: Maximum opportunity for innovative site planning concepts to create pleasing living and working environments.

(5)

Preliminary plan: Ensuring that development will occur according to the limitations of housing types, uses, site design, density, building coverage, improvement standards, and construction phasing authorized through a preliminary plan.

(Ord. No. 2720, § 1, 4-26-05)

(a)

Unified ownership: All land for a proposed project within the MXD-2 district must be under the ownership of the applicant at the time that a development order is issued or a development agreement is executed; prior to issuance of a development order or execution of a development agreement the applicant must provide firm evidence of unified ownership of the entire project area.

(b)

Location: This district is intended for use in suitable areas which have been assigned the comprehensive plan future land use designation of mixed use 2 or general commercial.

(Ord. No. 2720, § 1, 4-26-05)

Any permitted uses in neighborhood commercial, business general commercial, professional office, or multifamily zoning classifications shall be permitted uses under the MXD-2 zoning classifications. Special uses and special exceptions may also be granted in a MXD-2 district. A single-family use may be permitted only as an adjunct to a business use for occupancy by the business owner, business manager or caretaker.

(Ord. No. 2720, § 1, 4-26-05)

Those uses customarily associated with, dependent on, and incidental to the principal use.

(Ord. No. 2720, § 1, 4-26-05)

Auction sales.

Automotive service stations.

Automotive parts with installation services.

Bar, lounges, night clubs.

Boat sales with outdoor display.

Hotel and motels.

Laboratories—scientific and industrial.

Motor vehicle sales and service.

Motorcycle sales and service.

(Ord. No. 2720, § 1, 4-26-05)

Childcare center.

Clubs and lodges.

Group housing.

Houses of worship.

Nursing homes.

Public and private schools.

Public utility station.

(Ord. No. 2720, § 1, 4-26-05)

Prior to the issuance of a building permit, a development plan approval shall be required under the provisions of this Code.

(Ord. No. 2720, § 1, 4-26-05)

Recognizing the benefits of increased land use diversity, efficiency, and site planning, the city may allow for such incentives as a reduction in required parking and a 50 percent density bonus for residential units during approval of the final site plan and preparation of a development agreement. These incentives are based upon performance standard bonuses as follows:

Innovative and high quality design.

Parcel aggregation.

Enhanced landscaping along public rights-of-way.

Enhanced on-site landscaping.

Increased pervious surface.

Public access to internal plazas/open spaces.

A minimum of three stories and three uses.

Rehabilitation or re-placement of dilapidated structures.

Use of innovative imagery/architectural guidelines.

Retention/creation of business/employment.

(Ord. No. 2720, § 1, 4-26-05)

See section 114-765 Schedule of dimensional requirements.

(Ord. No. 2720, § 1, 4-26-05)

Maximum principal building coverage shall not exceed 40 percent of the lot. Residential uses shall not exceed 75 percent of the land area of the project site.

(Ord. No. 2720, § 1, 4-26-05)

The base residential density would be 20 units/acre, but performance standard bonuses would allow a density of up to 35 units/acre for innovative and high quality design.

(Ord. No. 2720, § 1, 4-26-05)

The procedure for rezoning to the MXD-2 classification, the submission and approval of development plans, and permitting and enforcement procedures shall be the same as set forth for the PUD.

(Ord. No. 2720, § 1, 4-26-05)

The purpose of this zoning district is to provide greater site-design and land use flexibility by removing some conventional zoning restrictions so that land under unified control can be planned and developed for a compatible mix of office, commercial, light industrial, and multifamily residential uses, along with limited single-family uses as an adjunct to a business use. Mixed use 2 zoning is limited to arterial roadway corridors. This zoning is encouraged for the following reasons:

(1)

Land use diversity: Diversification of uses, residential structure types and open spaces when not in conflict with abutting properties.

(2)

Efficiency: Reduction of facility improvement and maintenance costs through a more efficient use of land and a smaller network of utilities and streets than is possible through application of conventional site design controls.

(3)

Open space: Conservation of the natural amenities of the land by encouraging the preservation of scenic and functional open space.

(4)

Site planning: Maximum opportunity for innovative site planning concepts to create pleasing living and working environments.

(5)

Preliminary plan: Ensuring that development will occur according to the limitations of housing types, uses, site design, density, building coverage, improvement standards, and construction phasing authorized through a preliminary plan.

(Ord. No. 2720, § 1, 4-26-05)

(a)

Unified ownership: All land for a proposed project within the MXD-3 district must be under the ownership of the applicant at the time that a development order is issued or a development agreement is executed; prior to issuance of a development order or execution of a development agreement the applicant must provide firm evidence of unified ownership of the entire project area.

(b)

Location: This district is intended for use in suitable areas which have been assigned the comprehensive plan future land use designation of mixed use 3.

(Ord. No. 2720, § 1, 4-26-05)

Any permitted uses in neighborhood commercial, business general commercial, professional office, light industrial, or multifamily districts unless listed by special exception, below. A single-family use may be permitted only as an adjunct to a business use.

(Ord. No. 2720, § 1, 4-26-05)

Those uses customarily associated with, dependent on, and incidental to the principal use.

(Ord. No. 2720, § 1, 4-26-05)

Auction sales.

Automotive service stations.

Automotive parts with installation services.

Bar, lounges, night clubs.

Boat sales with outdoor display.

Hotel and motels.

Laboratories—scientific and industrial.

Motor vehicle sales and service.

Motorcycle sales and service.

(Ord. No. 2720, § 1, 4-26-05)

Childcare center.

Clubs and lodges.

Group housing.

Houses of worship.

Nursing homes.

Public and private schools.

Public utility station.

(Ord. No. 2720, § 1, 4-26-05)

Prior to the issuance of a building permit, a development plan approval shall be required under the provisions of this Code.

(Ord. No. 2720, § 1, 4-26-05)

Recognizing the benefits of increased land use diversity, efficiency, and site planning, the city may allow for the reduction in required parking, a 50 percent density bonus for residential units, and an increase in building heights to a maximum of 45 feet during approval of the preliminary plan and preparation of a development agreement. These incentives are based upon performance standard bonuses as follows:

Innovative and high quality design.

Parcel aggregation.

Enhanced landscaping along public rights-of-way.

Enhanced on-site landscaping.

Increased pervious surface.

Public access to internal plazas/open spaces.

A minimum of three stories and three uses.

Rehabilitation or re-placement of dilapidated Structures.

Use of innovative imagery/architectural guidelines.

Retention/creation of business/employment.

(Ord. No. 2720, § 1, 4-26-05)

See section 114-765 Schedule of dimensional requirements.

(Ord. No. 2720, § 1, 4-26-05)

Maximum principal building coverage shall not exceed 50 percent of the lot. Residential uses shall not exceed 50 percent of the land area of the project site.

(Ord. No. 2720, § 1, 4-26-05)

The base residential density would be ten units/acre, but performance standard bonuses would allow a density of up to 15 units/acre for innovative and high quality design.

(Ord. No. 2720, § 1, 4-26-05)

The procedure for rezoning to the MXD-3 classification, the submission and approval of development plans, and permitting and enforcement procedures shall be the same as set forth for the PUD district.

(Ord. No. 2720, § 1, 4-26-05)

The purpose and intent of the redevelopment district overall is to promote redevelopment of property, provide for parking and stormwater standards, and a compatibility of land uses within the district.

(Ord. No. 2721, § 1, 4-26-05)

All permitted uses within the underlying zoning district unless prohibited or required by special exception in accordance with sections 114-634 through 114-636.

(Ord. No. 2721, § 1, 4-26-05)

As provided by the underlying zoning district.

(Ord. No. 2721, § 1, 4-26-05)

Automobile and boat sales, except when entirely enclosed, meeting the requirements of section 114-705.

Hotels and motels meeting the requirements of section 114-706.

Outdoor display of merchandise meeting the requirements of section 114-707.

As provided by the underlying zoning district unless prohibited by sections 114-635 and 114-646 below.

Tattoo parlors meeting the requirements of section 114-696.

Mini-warehouses meeting the requirements of section 114-686.

Laboratories meeting the requirements of section 114-708.

Warehousing and distribution meeting the requirements of section 114-709.

(Ord. No. 2721, § 1, 4-26-05; Ord. No. 2911, § 2, 1-27-12; Ord. No. 2999, § 2, 3-13-18)

The following uses shall be prohibited for any properties adjacent to Ridgewood Avenue or LPGA Boulevard.

Accessory structure sales, except when entirely enclosed.

Blood plasma center.

Check cashing services.

Truck and automobile salvage yards.

Self-service laundromats.

Motor vehicle and marine/boat services and repair.

(For properties fronting on LPGA Boulevard, "adjacent" means the full depth of the property fronting on LPGA or a depth of 250 feet from the center line of LPGA Boulevard, whichever is less.)

(Ord. No. 2721, § 1, 4-26-05; Ord. No. 2817, § 1, 10-9-07; Ord. No. 2911, §§ 3, 4, 1-27-12; Ord. No. 2999, § 2, 3-13-18)

The following uses shall be prohibited within the overlay district.

Outdoor flea markets.

Community residential homes.

Congregate meal facilities.

Food pantries and feeding programs.

Homeless services.

Homeless shelters.

Recovery homes/treatment facilities.

Internet gambling facilities including any sweepstakes operations that use internet gaming systems for the promotion of a product.

Sweepstakes centers.

(Ord. No. 2721, § 1, 4-26-05; Ord. No. 2911, § 5, 1-27-12)

(a)

The city may waive parking requirements dependent upon property design, uses, inclusion of pedestrian ways, and availability of public parking.

(b)

The staff may reduce the minimum buffer depth for property lines abutting arterial and collector roads by five feet if the applicant can demonstrate that provision of the full buffer area will limit the ability of the site to comply with other required site elements such as parking, vehicular access and pedestrian access. Any reduction in the buffer area shall be the minimum necessary to provide relief to the site. Reduced buffers shall maintain the same volume of plant material as the standard minimum buffer unless the required plant material cannot fit in the reduced buffer.

(Ord. No. 2721, § 1, 4-26-05; Ord. No. 2941, § 1, 8-13-13)

Any availability to utilize shared private and/or public stormwater facilities will be considered.

(Ord. No. 2721, § 1, 4-26-05)

For all new construction, one of the following architectural styles must be followed in the design of the project; Mediterranean, Spanish, Florida Vernacular, or Contemporary.

(Ord. No. 2721, § 1, 4-26-05)