A.

Adult day care homes. Whenever adult day care homes are permitted by special exception or otherwise under this ordinance, the following minimum requirements shall apply and be supplementary to other requirements under these regulations:

1.

No adult day care home may be located on any parcel or lot any part of which is within 1,000 feet of any other parcel or lot upon which an adult day care home is located.

2.

Each adult day care home shall provide adequate, safe and sanitary facilities appropriate for the services provided.

3.

Each adult day care home shall provide a minimum of 30 square feet of net floor area per participant.

4.

Adult day care home shall provide, at a minimum, adequate sanitary facilities, dining areas and rest areas.

5.

Each adult day care home shall be surrounded by a fence or vegetated [vegetative] buffer as may be stipulated as a condition of the site plan review and/or grant of a special exception.

6.

Minimum off-street parking must be provided. There shall be a minimum of two such parking spaces. As a condition of granting city commission review approval, additional spaces may be required for staff.

7.

No signs shall be permitted on the premises.

8.

All adult day care homes must be approved by the Department of Health and Rehabilitative Services of the State of Florida and by the Manatee County Health Department.

B.

After-school child care home. Whenever after-school child care homes are permitted by special exception or otherwise under these regulations, the following minimum requirements shall apply and be supplementary to other requirements under these regulations:

1.

No after-school child care home may be located on any parcel or lot, any part of which is within 1,000 feet of any other parcel or lot upon which an after-school child care home is located.

2.

Each after-school child care home must be in safe and good repair. It shall have a fire extinguisher, a working telephone, adequate lighting, ventilation, water from an approved source and a safe source of heat.

3.

Each after-school child care home shall have adequate indoor and outdoor play space.

4.

The outdoor play area shall have safe and adequate fencing (excluding chain link or wire) a minimum of four feet in height. Walkways to the outdoor play area shall be adequately fenced.

5.

Each after-school child care home must be surrounded by a fence or vegetated [vegetative] buffer as may be stipulated as a condition of site plan review and/or the grant of a special exception.

6.

No signs shall be permitted on the premises.

7.

All after-school child care homes must be approved by the Department of Health and Rehabilitative Services of the State of Florida and by the Manatee County Health Department.

C.

Animals and fowl prohibited. The keeping, possession, raising, or ownership of cows, chickens, pigs, horses or any other fowl is prohibited in the City of Holmes Beach for either private or commercial use. This section is not intended to prohibit a restaurant or grocery store may from temporarily keeping live seafood intended to be served or sold for consumption.

D.

Boarding houses etc. prohibited. Notwithstanding anything else in this Code to the contrary, it shall be unlawful, in all residential zoning districts of the city, to operate a boarding house, lodging house, or rooming house.

E.

Child care facility. In addition to meeting the requirements of this ordinance, all child care facilities shall be licensed by the Department of Health and Rehabilitative Services of the State of Florida and the Manatee County Health Department. In all cases the strictest of the applicable standards shall apply. The following minimum requirements shall apply and be supplementary to other requirements under this ordinance:

1.

No child care facility may be located in a velocity flood zone.

2.

Each child care facility must have a minimum of 20 square feet of usable floor space per child. Usable floor space refers to space available for indoor play, classroom, work area, or nap space. Usable floor space is not to include stairways, toilets and bath facilities, permanent fixtures and nonmovable furniture.

3.

Each child care facility must have a minimum of 45 square feet of outdoor play area per child. The outdoor play area shall provide both sun and shade.

4.

The outdoor play area shall have safe and adequate fencing (excluding chain link or wire) at a minimum of four feet in height. Walkways to the outdoor play area shall be adequately fenced.

5.

Each child care facility must be surrounded by a fence or vegetated [vegetative] buffer as may be stipulated as a condition of the site plan review and/or the grant of a special exception.

6.

Minimum off-street parking must be provided. There shall be a minimum of two such parking spaces. As a condition of granting a special exception, additional spaces may be required for staff.

F.

Community residential home. Whenever community residential homes are proposed for location in multifamily residential districts, they shall be subject to city commission review. The city commission shall approve community residential homes where the community residential home meets the development provisions for group homes.

G.

Determination of house pet. The keeping, possession, raising, or ownership of house pets shall not be prohibited, provided that they do not become a public nuisance. In determining whether any animal or fowl is to be considered a house pet, in no event shall the owner's belief, intent, or actions override the definitions and other prohibitions contained in the Land Development Code.

H.

Family day care home. Whenever family day care homes are permitted the following minimum requirements shall apply and be supplementary to other requirements in this ordinance:

1.

No family day care home may be located on any parcel or lot, any part of which is within 1,000 feet of any other parcel or lot upon which a family day care home is located.

2.

Each family day care home must be in safe and good repair. It shall have a fire extinguisher, a working telephone, adequate lighting, ventilation, water from an approved source and safe source of heat.

3.

Each family day care home shall have adequate indoor place space per child in some part of the home, specifically designated for this purpose. Each home must include a designated area where a child can sit quietly or lie down to rest.

4.

Each family day care home shall have adequate outdoor play space on the parcel or lot. Said play space shall include suitable play equipment. The outdoor play area shall provide both sun and shade.

5.

The outdoor play area shall have safe and adequate fencing (excluding chain link or wire) a minimum of four feet in height. Walkways to the outdoor play area shall be adequately fenced.

6.

Each family day care home must be surrounded by a fence or vegetated buffer as may be stipulated as a condition of site plan review and/or the grant of a special exception.

7.

No signs shall be permitted on the parcel or lot.

8.

All family day care homes must be approved by the Department of Health and Rehabilitative Services of the State of Florida and by the Manatee County Health Department.

I.

Foster care facilities. (See Group homes and foster care facilities.)

J.

Garage sales. Garage sales shall be allowed only under the following conditions. Garage sales that do not meet these conditions shall be considered a business as that term is defined in section 1.4 of this LDC.

1.

Garage sales shall be limited to the period between 7:00 a.m. and 6:00 p.m. for no more than three consecutive days.

2.

Garage sales shall be held on the same property no more than three times per calendar year.

K.

Gasoline service stations. Gasoline service stations shall be limited to one station per 1,000 population, shall be permitted in the C-3 district only and, in addition to regulations for such district, shall be subject to the following regulations:

1.

Location. Gasoline service stations shall not be located within 750 feet of any other parcel or lot occupied by a gasoline service station or parcel or lot for which a still valid building permit has been issued for a gasoline service station. No gasoline service station shall be located within 500 feet of the nearest part of the site of any house of worship playground, playfield, park, hospital, public school, library, theater, auditorium, stadium, arena or public assembly hall.

2.

Minimum parcel size. Property utilized for gasoline service stations shall not be less than 100 feet in width and 100 feet in depth.

3.

Setbacks. Gasoline pumps, air and water dispensing equipment islands shall be set back a minimum of 25 feet from any existing or officially adopted street right-of-way line. Air and water dispensing equipment may be located in side and rear yards. Building setbacks shall comply with district requirements.

4.

Tank-receptacles storage. All receptacles, tanks or facilities for storage of combustible products shall meet all state and federal rules and regulations.

5.

Location of oil drainage pits and hydraulic lifts. All oil drainage pits and hydraulic lifts shall be located within an enclosed structure.

6.

Screening. When adjoining a residential district or use, screening shall be provided in accordance with provisions of the screening and fencing section.

L.

Group homes and foster care facilities. Whenever group homes and foster care facilities are permitted by special exception or otherwise in this ordinance, the following minimum requirements shall apply and be supplementary to other requirements in this ordinance:

1.

No group home may be located on any parcel or lot any part of which lies within 1,200 feet of any other parcel or lot on which a group home is located.

2.

No group home may be located in a velocity flood zone.

3.

Each group home must be surrounded by a fence or vegetated buffer as may be stipulated as a condition of the site plan review and/or the grant of a special exception.

4.

Minimum off-street parking must be provided. There shall be a minimum of two such parking spaces for foster care facilities, and three such spaces for group homes. As a condition of granting a special exception, additional spaces may be required for resident and nonresident staff.

5.

No signs shall be permitted.

6.

All group homes must be approved by the Department of Health and Rehabilitative Services of the State of Florida and by the Manatee County Health Department.

M.

Home occupation. The operator or proprietor of a home occupation shall be subject to the business tax regulations set forth in chapter 58, article III of the Code of Ordinances, sections 58-50 through 58-68, as may be amended

1.

The operator or proprietor of a home occupation shall submit an application for a business tax in compliance with section 58-55 and shall include the following information in the application:

a.

Names of the operator or proprietor of the business;

b.

Address of the dwelling unit in which the home occupation will be performed;

c.

Type of occupation that will be performed in the dwelling unit.

2.

The applicants shall execute a sworn affidavit or a notarized letter as required by section 58-55 acknowledging the applicant's understanding and acceptance of all conditions imposed on businesses that operate within the city.

3.

In the event the applicant is not the owner of the property, the applicant shall submit, along with the application, a notarized letter signed by the owner of the property that the owner is aware of and approves the application for the home occupation to be undertaken on the property.

4.

In order to preserve the character of residential neighborhoods and minimize traffic and nonresidential disturbances, permitted home occupations may be operated only if they comply with all of the following conditions:

a.

The operator or proprietor of a home occupation shall comply with operational restrictions imposed on all businesses within the city. The activities of the home occupation shall be secondary to the property's use as a residential dwelling.

b.

The operator or proprietor of a home occupation shall comply with all federal, state, and local regulations controlling the storage or disposal of corrosive, combustible, or hazardous substances and flammable materials or liquids. All electrical and mechanical equipment shall comply with all applicable federal, state, and local regulations controlling the installation, use, and maintenance of such equipment.

c.

The delivery and dispensation of commodities and products shall comply with all applicable federal, state, and local regulations controlling the commodities and products.

d.

Any external signs that are used in the operation of the home occupation shall comply with the city's sign regulation ordinance. The regulations shall include equipment that supports any signage. In accordance with section 10.2C.3 of the Land Development Code, no illuminated signs of any kind are permitted in the R-1AA, R-1, R-2, R-3, R-4 and the A-1 Districts.

e.

The operator or proprietor of a home occupation shall comply with all applicable federal, state, and local regulations controlling screening, noise, dirt, dust, fumes, odor, glare, vibration, radio, television, or electromagnetic disturbance.

f.

The dwelling unit in which the home occupation is operated shall comply with all applicable property maintenance requirements as established by state and local laws and ordinances. As viewed from the street, the use of the residential property shall be consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home occupation shall conform to the residential character and architectural aesthetics of the neighborhood. The operator or proprietor of a home occupation shall not conduct retail transactions outside of the residential dwelling unit or in any other structure on the property other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property.

g.

The operator or proprietor of a home occupation shall comply with all outdoor storage regulations applicable to businesses within the City, including any fencing requirements.

h.

Parking related to the business activities of the home occupation shall comply with all applicable zoning requirements and the need for parking generated by the home occupation may not be greater in volume than would normally be expected at a similar residence where no business is conducted. The use of vehicles or trailers operated or parked on the home occupation property or on a street right-of-way shall be in compliance with all applicable parking regulations are not more stringent than those for a residence where no business or home occupation is conducted. Vehicles and trailers used in connection with the home occupation shall be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence. In accordance with section 6.8D.1 of the Code, commercial vehicles are prohibited from parking overnight in residential districts. The parking or storage of heavy equipment at the business shall be prohibited. For purposes of this subsection, the term "heavy equipment" means commercial, industrial, or agricultural vehicles, equipment, or machinery.

i.

A business tax receipt issued for a home occupation may be transferred in accordance with the provisions of section 58-64.

j.

The home occupation shall be subject to all noise, property maintenance, nuisance, and other regulations that are applicable to all businesses that operate in the city.

k.

Any employees of the home occupation who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the home occupation. The home occupation may have additional remote employees that do not work at the residential dwelling.

l.

The application of this section does not supersede:

(1)

Any current or future declaration or declaration of condominium adopted pursuant to F.S. ch. 718, cooperative document adopted pursuant to F.S. ch. 719, or declaration or declaration of covenant adopted pursuant to F.S. § 720.106.

(2)

Local laws, ordinances, or regulations related to transient public lodging establishments, as defined in F.S. § 509.013(4)(a)1., that are not otherwise preempted under F.S. ch. 509. This subsection shall include vacation rental regulations which shall remain applicable to any residential dwelling that may have a home occupation.

N.

Houses of worship and private clubs. Applications for houses of worship and private clubs as a permitted use with site plan review or special exception use shall require the submission of a site plan.

1.

The site plan submission shall show the following:

a.

Building[s] and structures;

b.

Roadways, pedestrian ways, and parking areas;

c.

Recreation areas;

d.

Utility and exterior lighting installation;

e.

Landscaping;

f.

All existing structures and uses within 200 feet of the parcel; and

g.

Boundaries, and any other elements as may be deemed essential by the city.

2.

The following regulations shall be utilized as guidelines in reviewing the proposed development:

a.

Parcel, yard and bulk. Such development should not exceed two stories or 25 feet in height, a maximum coverage of 30 percent or violate the least restrictive yard regulations for the district in which it is located; provided, however, that the city may permit a variance of height for a church spire or unusual structure.

b.

Traffic access. All proposed site traffic access ways are adequate, but not excessive in number, adequate in width, alignment and visibility and so located so as not to be a detriment to surrounding properties.

c.

Circulation and parking. The interior circulation system is adequate to serve the needs of the development and all required parking is provided and is easily accessible.

d.

Proper landscaping. The proposed site is properly landscaped, the purpose of which is to further enhance the natural qualities of the land. As provided elsewhere in this ordinance, proper screening and buffer areas may be required.

O.

Manufactured homes. Manufactured homes, as defined in article II, are permitted as single-family or two-family uses in any zoning district in which single-family or two-family uses are listed as a permitted use.

P.

Mobile homes. Mobile homes shall be considered with city commission review in the R-3 district. The following minimum requirements shall apply and be supplementary to other requirements under these regulations:

1.

Installation in flood zone. No mobile home may be installed in a coastal high hazard area (Zone V) as defined by FEMA.

2.

Compliance with federal and state requirements. All mobile home installations must meet the requirements of article IX, division 14, of the State of Florida Design Criteria for the Installation of Mobile Homes; in all cases, the stricter of the application requirements shall prevail.

3.

Anchoring. All mobile homes must be anchored on driven pilings. The anchoring foundation tiedown system is to be designed and certified by a professional engineer or architect registered in the State of Florida.

4.

Minimum parcel requirements. 7,510 square feet with minimum frontage of 75 feet. In the case of a parcel other than rectangular, the frontage will be considered to be the width of a straight line connecting the midpoints of each side property line as measured between the front and rear property lines where they intersect with the side property lines.

5.

Minimum yard requirements. Yard requirements shall be measured from the property line to the nearest building wall or other vertical structure.

a.

Side yard: Ten feet.

b.

Rear yard: Ten feet.

c.

Waterfront: 20 feet, regardless of whether the waterfront is front, side or rear, or within 50 feet of the erosion control line at any riparian coastal location fronting on the Gulf of Mexico.

6.

Parking. Refer to subsection 8.19D.2. A garage or carport is considered to satisfy this requirement, and the number of parking spaces attributable to the garage or carport shall be directly proportionate to the number of vehicles that may be accommodated by the area contained in the garage or carport.

7.

Adjacent lots owned by single owner. In the case of adjacent lots or parcels owned by a single owner, the lots or parcels may be considered a single building plot and the district regulations applying to the minimum size requirements apply to the building plot as a whole.

8.

Minimum roof pitch; minimum distance eave to ridge; roofing materials. Minimum pitch of the main roof shall not be less than one foot of rise for each three feet of horizontal run and minimum distance from eave to ridge shall be 11 feet. In cases where site-built housing generally has been constructed in adjacent or nearby locations with roof pitches less than 1:3 and/or eave to ridge distance less than 11 feet, then the mobile home may have less roof pitch and eave to ridge distances similar to the site built houses. In general, any roofing material may be used which is evidenced by site built housing in adjacent or nearby locations.

9.

Exterior finish. Any material may be used for exterior finish that is used in site built housing and which has been used in adjacent or nearby locations.

10.

Approval of foundation. The building official may predetermine an established general approval for specified types, varieties, or designs of foundations and veneer or screening materials to be used in connection with future installation of a mobile home. When placed upon an approved foundation, all wheels, tongues, and other equipment necessary for transporting the unit shall be removed.

Such approval shall be based on determination of similarity in appearance to foundations for housing built adjacent to the site and on durability adequate to maintain such appearance with proper maintenance.

If the building official shall find that a specified type, variety, or design of foundation and/or screening which has been approved fails to maintain an acceptable appearance with proper maintenance, the building official shall order necessary corrections and/or shall suspend or remove the type, variety or design from the generally approved listing, with reasons stated in writing.

11.

Site orientation of the mobile home. The mobile home shall be placed on the parcel or lot in such a manner as to be compatible with and reasonably similar in orientation to the site built housing which has been constructed in adjacent or nearby locations.

Q.

Private dock. One private dock and associated storage shed is permitted as a principal use on a vacant lot under the following conditions:

1.

The storage shed must be no larger than eight feet by ten feet and eight feet in height.

2.

Neither the boat dock nor the shed is used commercially.

3.

Neither the boat dock nor the shed is rented for use by others.

4.

No off-street parking spaces are provided and there is no storage of materials, or parking of boats, vehicles, RV's, or trailers on the property.

5.

The dock must meet all requirements of the LDC and chapter 66, Waterways.

R.

Onshore transient lodging. Whenever onshore transient lodging is permitted by special exception as an integral part of a boat marina in a commercial zoning district, the following requirements shall apply and be supplementary to other requirements under these regulations:

1.

Location. The onshore transient lodging facility shall be located on the same parcel as the marina.

2.

Maximum allowable density. Maximum allowable density is ten onshore lodging units per acre.

3.

Maximum occupancy period. Deed restrictions shall be placed on all onshore transient lodging units, prohibiting application for homestead exemption and limiting occupancy by the same individual or family to periods of less than 180 consecutive days. Further, the leasing, subleasing or renting of transient onshore lodging units shall be periods of less than 180 consecutive days.

S.

Outdoor dining. The purpose of this section is to establish procedures and regulations that will enable restaurant owners to provide portable seating, tables and other accommodations for outdoor dining in addition to the number of permitted indoor seats, and to provide for outdoor recreation, music and entertainment at such establishments

1.

Definitions. For the purpose of this section, the following definitions apply:

a.

Outdoor dining and recreation activity area means an unenclosed area outside the primary structure, with portable seating and tables (with or without umbrellas), used as a dining and recreation area for patrons of the restaurant where food and drink service, courts for outdoor games, and/or recorded or live music or entertainment may be provided.

b.

Unenclosed area means an area having no structural walls or other means of permanent enclosure. An area that has only a canopy or roof supported by posts is deemed to be an unenclosed area.

c.

Outdoor dining seat means portable seating located in an outdoor dining and recreation activity area and includes individual seats as well as seating at picnic tables, benches and similar constructions with multiple seating. For purposes of calculating the number of outdoor dining seats, each individual seat shall count as one outdoor dining seat, and each 24 inches of seating provided on a construction with multiple seating (e.g., a picnic table or bench) shall count as one outdoor dining seat.

d.

Portable seating means, seating that is not anchored to the ground or attached to anything which has a permanent attachment to the ground and is thereby considered movable from one location to another on the property.

2.

Permit required.

a.

Approval of a permit for an outdoor dining and recreation activity area is required.

b.

Once approved, any change of ownership triggers the need for the new owner to apply for and obtain a new permit for an outdoor dining and recreation activity area.

c.

Permits for outdoor dining and recreation activity areas are not transferable.

3.

Applicability.

a.

Outdoor dining seats that were permitted prior to August 12, 2008 shall continue to be allowed and are not subject to this section unless an application is submitted to increase the number of outdoor dining seats. In the event an application is made to increase the number of outdoor dining seats, all outdoor dining seats associated with the restaurant shall be subject to this section.

b.

In the case of applications for outdoor dining and recreation activity areas at restaurants located in zoning districts other than the C-2, C-3, or A-1 (where restaurants are allowable as either a principal or accessory use), such restaurants are nonconforming and in addition to the provisions of this section, are subject to section 4.7 pertaining to expansion of a nonconforming use.

4.

Limitations and standards.

a.

Outdoor dining and recreation activity areas shall only be associated with a permitted restaurant that holds a current and valid business tax receipt that authorizes seating for the on-premises consumption of food.

b.

Outdoor dining seating and tables shall not be dispersed and shall be grouped in a defined area immediately accessible to the permitted restaurant operation and located on the site of the permitted restaurant use.

c.

Outdoor dining seats for which off-street parking has not been provided shall not be moved indoors to increase the number of indoor seats.

d.

Off-street parking.

(1)

Outdoor dining and recreation activity areas and outdoor dining seats may be added to a restaurant that is conforming to off-street parking requirements, without the need to provide additional off-street parking provided the number of outdoor dining seats does not exceed eight,

(2)

Applications for increased outdoor dining seats in excess of eight must provide off-street parking for the excess number of outdoor seats sufficient to meet the requirements of section 8.19D.2.b(4) pertaining to the number of parking spaces required for restaurants.

(3)

Restaurants that are nonconforming as to off-street parking may add outdoor dining and recreation activity areas and outdoor dining seats, but off-street parking must be provided for all existing and new outdoor dining seats in conformance with the provisions of section 8.19.

e.

Preparation of food and beverages. Except in the case of outdoor dining seats that were permitted prior to March 27, 2007:

(1)

No cooking utilities, including grills, shall be permitted in the outdoor dining and recreation activity area.

(2)

All such cooking utilities shall be contained within the principal building.

f.

No disposable containers, plates, flatware, wrappers or other forms of disposable items shall be used, unless identical to the permitted indoor food and beverage service.

g.

Waste products shall be properly collected, stored, and disposed of daily.

h.

Setbacks and encroachments.

(1)

Outdoor dining seats and tables and equipment used in outdoor games or in the provision of outdoor music or entertainment shall:

(a)

Not encroach on public rights-of-way;

(b)

Comply with all required setbacks when abutting residential property;

(c)

Not interfere with on-site vehicular and pedestrian circulation, parking and loading areas; and

(d)

Not block or restrict doors or other means of required egress for emergency purposes.

(2)

Roofs and canopies. All roofs, canopies and supporting poles or columns shall comply with all required setbacks.

i.

Advertising or promotional features in a permitted outdoor dining and recreation activity area shall be limited to umbrellas over outdoor tables and/or seating.

j.

All outdoor lighting shall be shown on the approved site plan and must be shielded so as to not impact rights-of-way or neighboring properties.

k.

All tables and chairs used for outdoor dining seating, and equipment used for outdoor games, must be brought inside for storage whenever the city is under a hurricane warning.

l.

This section does not authorize the construction, renovation, or expansion of structures, unless authorized by city permits.

m.

Outdoor, music, entertainment and games shall be permitted in the outdoor dining and recreation activity area only between the hours of Noon and 10:00 p.m. Sunday through Thursday and Noon and 11:00 p.m. Friday and Saturday.

n.

Microphones, loudspeakers and/or amplifiers may be located and used in the outdoor dining and recreation activity area, upon approval of a special exception and site plan review, only between the hours of Noon and 10:00 p.m. Sunday through Saturday and shall be subject to the limitations set forth in the city's noise ordinance.

5.

Application procedures and requirements.

a.

Applications shall be made to the city and shall be accompanied by:

(1)

Authorization of the real property owner to make such application; and

(2)

A site plan acceptable to the city commission delineating, at a minimum:

(a)

property boundaries, sidewalks and roadways adjacent to the restaurant;

(b)

surrounding properties and their current use (i.e. residential/commercial);

(c)

all current improvements such as the building where the restaurant is located, parking, driveways, patios, decks;

(d)

landscaping, lighting, fences, buffers or other improvements, both existing and proposed;

(e)

proposed location of the outdoor dining and recreation activity area showing dimensions, ingress/egress access, exits, and

(f)

proposed number of outdoor seats and tables for the proposed outdoor dining and recreation activity area in the same scale as the site plan.

(3)

A description of the existing permitted number of inside seats and tables and the number of permitted parking spaces.

(4)

A description of how the design and operation of the outdoor dining and recreation activity area will complement the existing restaurant building and how it will be compatible with the existing surrounding properties and the neighborhood.

(5)

The location of all microphones, loudspeakers and/or amplifiers shall be clearly identified on the site plan.

b.

The applicant shall also obtain site plan approval from the West Manatee Fire and Rescue District and pay all fees in connection therewith.

6.

Review and approval.

a.

Upon receipt of a complete permit application, together with the permit application fee established by the city commission from time to time, the city commission may, at a regular meeting, approve, approve with conditions, or disapprove the permit.

b.

If the outdoor dining and recreation activity area permit application is approved:

(1)

The applicant shall obtain an amended business tax receipt that includes the number of permitted outdoor dining seats. The business tax receipt shall separately list the number of indoor dining seats and outdoor dining seats.

(2)

The building official shall periodically review the business tax receipt involving an outdoor dining and recreation activity area to ensure compliance.

7.

Suspension and revocation. The city commission may revoke a permit for an outdoor dining and recreation activity area, outdoor dining seating, or amplified outdoor entertainment for:

a.

Providing false information on the permit application for

(1)

an outdoor dining and recreation activity area,

(2)

outdoor dining seating, or

(3)

amplified outdoor entertainment.

b.

Placing more outdoor seating on the property than authorized by the permit.

c.

Violation of any of the limitations and standards set forth in section 4.

d.

Repeated violations of the noise city's noise ordinance.

8.

Appeal of suspension or revocation. The permit holder has the right to appeal suspension or revocation of a permit for an outdoor dining and recreation activity area, outdoor dining seating, or amplified outdoor entertainment to the court of competent jurisdiction.

T.

Preschools. In addition to meeting the requirements of this ordinance, the design requirements and supplementary standards of all preschools shall comply with the laws, rules and regulations of the State of Florida. In all cases the strictest of the applicable standards shall apply. The following minimum requirements shall apply and be supplementary to other requirements under these regulations:

1.

No preschool may be located on any parcel or lot, any part of which lies within 1,000 feet of any other parcel or lot on which a preschool is located.

2.

No preschool may be located in a velocity flood zone.

3.

Each preschool must have a minimum of 20 square feet of usable floor space per child. Usable floor space refers to space available for indoor play, classroom, work area, or nap space. Usable floor space is not to include stairways, toilets and bath facilities, permanent fixtures and nonmovable furniture.

4.

Each preschool must have a minimum of 45 square feet of outdoor play area per child. The outdoor play area shall provide both sun and shade.

5.

The outdoor play area shall have safe and adequate fencing (excluding chain link or wire) at a minimum of four feet in height. Walkways to the outdoor play area shall be adequately fenced.

6.

The preschool must be surrounded by a fence or vegetated buffer [vegetative] as may be stipulated as a condition of the site plan review and/or the grant of a special exception.

7.

Minimum off-street parking must be provided. There shall be a minimum of two such parking spaces for each preschool. As a condition of granting a special exception, additional spaces may be required for staff.

8.

Preschool hours of operation shall be designed to coincide with the Manatee County Public Kindergarten Program.

9.

An identification sign shall be permitted on the building, provided that such sign shall not exceed two square feet.

10.

All preschools must be approved by the Department of Health and Rehabilitative Services of the State of Florida and by the Manatee County Health Department.

U.

Rentals of less than an entire dwelling prohibited. Notwithstanding anything else in this [Land Development] Code to the contrary, it shall be unlawful, in all residential zoning districts of the city, to rent, lease, sublease, or otherwise provide for remuneration, a guest room, a bedroom, or any permutation of the same activity, in which less than the entire dwelling or dwelling unit is provided to temporary or transient residents and/or guests. This provision shall not be construed as to prohibit the sharing of an entire dwelling or dwelling unit as in the case of roommates.

V.

Resort housing.

1.

Limitations on resort housing.

a.

A resort housing dwelling unit may be occupied only by a family as that term is defined in this Land Development Code. However, the number of overnight occupants of a resort housing unit shall not exceed six persons or two persons per bedroom, whichever is greater as set forth in the description of the medium density residential future land use category in the city's adopted comprehensive plan as amended by Ordinance No. 08-05 adopted on February 24, 2009.

b.

A resort housing dwelling unit in the R-2, R-3 or R-4 Zoning District must be leased, subleased, occupied or rented not more than one time in any seven-day period, and that occupancy must be for a period of no less than seven consecutive days. A resort housing dwelling unit in the R-1AA or R-1 Zoning District must be leased, subleased, occupied or rented not more than one time in any 30-day period, and that occupancy must be for a period of no less than 30 consecutive days. The property owner, and multiple property manager, if applicable, shall maintain written records verifying compliance with this limitation. All required records shall be available to the city for inspection if requested. Provided, however, that the seven and 30-day use occupancy restrictions shall not apply to temporary nonpaying guests of a lawful occupant or property owner of any dwelling unit, or to legal nonconformities pursuant to subsections 4.2C. and 4.2D.of this [Land Development] Code.

c.

Business activities: Business activities conducted by a multiple property manager in connection with a resort housing dwelling unit may not be conducted on the premises of such dwelling unit. If said business activities are conducted at a location within the city, such location must be properly zoned for said use. For purposes of this paragraph, business activities include, but are not limited to, execution of rental agreements, exchanging of keys, delivery of rental or other payments connected to such use, and promotional or other advertising other than a properly permitted sign located on the premises. This provision shall not apply to hotel(s) or motel(s) licensed by the Florida Hotel and Restaurant Commission or to dwelling units leased, subleased or rented in whole or in part for periods of less than seven days and operating under a valid license issued by the city.

2.

Requirements for resort housing.

a.

Rental licenses: Property owners of resort housing dwelling units located within the city are required to apply for and obtain a rental occupational license from the city. Applications for said license shall be on such forms as the mayor may promulgate for such purpose. Such license shall be renewed on an annual basis. The city may charge a reasonable fee for the issuance of said license.

b.

Parking:

(1)

A minimum of two off-street parking spaces shall be required for each resort housing dwelling unit. One additional off-street parking space must be provided for each bedroom contained in such dwelling unit beyond the second. Provided, however, that these requirements shall not apply to legally permitted resort housing dwelling units in existence prior to October 23, 2012 which did not meet this parking requirement.

(2)

No more than two of the parking spaces required for a resort housing dwelling unit may be located such that another parking space is located behind each of them. A resort housing unit with more than two parking spaces so located may qualify as a legal nonconforming structure as to parking. Refer to subsection 4.2E and sections 4.12—4.16.

(3)

Driveways located on a platted lot of record on which is located a resort housing dwelling unit(s) shall not exceed a combined total of 40 feet in width and shall be subject to the driveway requirements of subection 8.15B.

A resort housing unit(s), located on a platted lot of record, on which the combined width of all driveways exceeds 40 feet may qualify as a legal nonconforming structure(s) as to the driveway width limitation and subject to the provisions of subsection 4.2E and sections 4.12—4.16.

(4)

Except as may otherwise be specifically permitted, occupants of resort housing units are prohibited from parking vehicles on the street or within the right-of-way. This prohibition applies to all resort housing.

c.

Buffering/screening: For the purposes of buffering and screening, resort housing dwelling units shall be considered a commercial use. Buffering and screening as set forth below shall be installed between resort housing and other uses for the purpose of protecting residential uses from resort housing uses. Provided, however, that these requirements shall not apply to nonconformities pursuant to sections 4.2C. and 4.2D., of this [Land Development] Code.

(1)

When a property used for resort housing abuts a land use other than single-family, two-family or multiple-family residential, or another resort housing use, the provisions of Article VIII of this [Land Development] Code shall govern with regard to screening and buffering required under this section.

(2)

When a property used for resort housing abuts a single-family, two-family, or multiple-family residential land use, or another resort housing use, an opaque wall or fence intended to exclude all visual contact between uses shall be provided along all side and rear property lines as set forth below.

(a)

The wall or fence shall be opaque from the ground to a height of six feet along the entire rear property line.

(b)

The wall or fence shall be opaque from the ground to a height of six feet along all side property lines from the front building line to the rear property line.

(c)

The wall or fence shall be opaque from the ground to a height of four feet along the side property lines from the front property line to the front building line.

(3)

When a recreational water feature is provided on property used for resort housing, in addition to the opaque wall or fence, the following landscaping and buffer strip shall be provided in order to provide sound reduction and to create a strong impression of spatial separation:

(a)

A buffer strip and landscaping shall be provided along the inside of the fence or wall on all side property lines from a point five feet forward of the rear building line of the principal structure to the rear property line.

i.

The wall or fence and landscaping and buffer strip shall, in combination, comprise a depth of at least three feet and shall be in addition to, and not be located in or on, areas used for the purposes of stormwater retention or treatment.

ii.

The buffer strip shall be planted with vegetation such as Ligustrum, Podocarpus, Viburnum or similar plants capable of forming a continuous, sound absorbing, hedge reaching the height of the required fence or wall within a period of two years.

(b)

A buffer strip and landscaping shall be provided along the inside of the fence or wall along the entire rear property line.

i.

The wall or fence and landscaping and buffer strip shall, in combination, comprise a depth of at least five feet, and shall be in addition to, and not be located in or on, areas used for the purposes of stormwater retention or treatment.

ii.

The buffer strip shall be planted with vegetation such as Ligustrum, Podocarpus, Viburnum or similar plants capable of forming a continuous, sound absorbing, hedge reaching the height of the required fence or wall within a period of two years.

(c)

Minimum standards for landscaping vegetation. All landscaping required under the provisions of this section shall meet the following minimum requirements:

i.

All plants shall be Florida Grade No. 1 or better in accordance with Grades and Standards for Nursery Plants (GSNP), published by the state department of agriculture and consumer services. Nursery stock shall be in accordance with minimum requirements of the American Standards for Nursery Stock (ASNS), published by the American Association of Nurserymen.

ii.

Plants shall be sound, healthy, vigorous, free from mutilation, plant diseases, insect pests or their eggs, and fungus, and shall have healthy, normal root systems. Plants shall be nursery grown stock in containers or freshly dug, balled and burlapped.

iii.

Caliper measurement, height measurement, height relation to caliper, spread, bare root and ball dimensions, number of canes, types of vines and ground covers, etc., shall conform to the applicable standards given in the American Standards for Nursery Stock published by the American Association of Nurserymen. Inc.

iv.

Shrubs, when installed, shall be a minimum of 36 inches high for buffers where a continuous hedge is required.

d.

Signs: All signs associated with resort housing dwelling units must be permitted pursuant to article X of this [Land Development] Code.

e.

Compliance with other law: These provisions do not relieve a property owner or multiple property manager of resort housing dwelling units from compliance with all other applicable state or federal regulations including F.S. ch. 509 and all rules promulgated there under.

W.

Restaurants. All areas for storage and preparation and in which patrons of the restaurant consume food or beverages shall be wholly contained within the permanent exterior walls and under the permanent roof of the building in which the restaurant is located except as otherwise permitted under section 6.7.R. pertaining to outdoor dining restaurants.

X.

Supplemental parking on commercially zoned parcels. Whenever supplemental parking (i.e., parking not otherwise required under this LDC) is permitted on a lot other than that on which is located the principal commercial use, the granting of such supplemental off-site parking shall not be construed as permission to expand, enlarge, alter, renovate, or modify the use or structure except in accordance with the requirements of this article. The following minimum requirements shall apply to all off-site supplementary parking and shall be in addition to other requirements of this LDC:

1.

Location requirements. Supplemental parking shall be permitted only on commercially zoned lands. The intensity of commercial zoning districts, from lower to higher intensity, is as follows: C-1, C-2, C-3.

2.

Approval requirements.

a.

When off-site supplemental parking is located within a commercial zoning district of equal or greater intensity than that in which the principal use is located, the supplemental parking shall be subject only to site plan review as set forth in section 3.5

b.

When the off-site supplemental parking is located in a commercial district of lesser intensity than that in which the principal use is located, such parking shall be permitted upon approval by the city commission of a special exception in accordance with the provisions of section 3.9 and subsequent to the commission's approval of a site plan under the provisions of section 3.5.

3.

Landscaping and buffering adjacent to public rights-of-way. Parking and vehicular use areas adjacent to public rights-of-way shall comply with the requirements of subsections 8.4 D., E., and F.

4.

Landscaping, buffering and screening. Parking and vehicular use areas adjacent to interior property lines shall comply with the requirements of subsections 8.4D, E, and G, except that, where any portion of the property abuts a property occupied by a residential use or is residentially zoned and the supplementary parking is intended for any form of commercial delivery vehicle, trailer or construction equipment, a ten-foot deep landscaped buffer shall be provided with a type A screen as set forth in subsection 8.5C.1, or as otherwise may be required by the city commission during the site plan review and approval.

5.

Size and construction of parking spaces. All supplemental parking and vehicular use areas shall be constructed in accordance with the standards set forth in subsection 8.19F.

Y.

Telephone booths, collection mailboxes, benches and bus shelters. Telephone booths, collection mailboxes, benches, and bus shelters may be located in any district with the approval of city commission. District setback requirements may be waived.

Z.

Temporary uses.

1.

Administration. The city clerk shall serve as the licensing official regarding the administration of all temporary use permits and applications.

2.

Permit required.

a.

A temporary use permit shall be required for all applicable activities taking place upon city property, public property, city and public streets, beach areas, and commercial property located in the following zoning districts: A-1, C-1, C-2, C-3, POS, REC, PRES, and PSP.

b.

Activities requiring a permit under this section include, but are not limited to:

(1)

Promotional and/or sales activities;

(2)

Sporting events;

(3)

Sidewalk sales, rummage sales and/or flea markets;

(4)

Holiday events, Christmas tree sales, and beach fests;

(5)

Charitable and other fundraising events;

(6)

Parades;

(7)

Plant sales;

(8)

Grand openings;

(9)

Art shows, fairs and festivals;

(10)

Temporary portable storage units;

(11)

All other similar types of uses of a temporary nature; and

3.

Application. A party wishing to obtain a temporary use permit must submit a complete and notarized application to the licensing official together with all applicable fees. The application shall include:

a.

Applicant's name;

b.

The location of the proposed temporary use;

c.

Date and time that the proposed temporary use will begin and end;

d.

Full description of all activities involved;

e.

Written authorization from the property owner if the proposed use is upon private property;

f.

Number of participants in the proposed activity;

g.

Estimated number of people expected to attend the activity;

h.

Statement as to whether or not city or other public services are being requested in connection with the proposed use;

i.

Statement as to whether or not music or other noise or amplification will be utilized in connection with the proposed use; and

j.

Any other information deemed relevant by the licensing official. All completed applications must be submitted at least two weeks prior to the date of the proposed temporary use and six weeks prior to the date of the proposed temporary use in cases where the applicant is requesting city services.

4.

Review process. Once the application has been received by the licensing official and determined to be complete together with any applicable fees, the licensing official shall forward the application to all departments affected by the request. Each department shall review the application and report back to the licensing official who shall then submit a written summary to the mayor for final review. The mayor may approve, disapprove, approve with conditions, or submit the application to the city commission for review and approval.

5.

Review criteria. Matters that must receive due consideration prior to the granting of any temporary use permit are:

a.

Any nuisance or safety hazard to adjacent properties or the public.

b.

Generation of traffic, crowd control and adequacy of parking.

c.

Compliance with the noise ordinance.

d.

Compliance with other ordinances and laws.

e.

Temporary uses shall be limited to a specific period of time, which shall be stated in the permit.

6.

Real estate development projects. In the case of real estate development projects in any zoning district, the developer may request a temporary use permit for the necessary commercial, promotional, sales, storage and construction activities which occur during construction of the project, and which terminate upon completion of construction of the project or at the expiration of the building permit. The following activities may be permitted as a temporary use under this section:

a.

Real estate sales office.

b.

Construction materials and equipment storage, including temporary portable storage units (aka, PODs), processing and fabrication. A temporary use permit is not required if temporary storage has been approved as part of a building permit.

c.

Offices for persons actively engaged in the development.

d.

Temporary housing.

e.

Model homes.

f.

Temporary radio transmitting equipment.

7.

Notwithstanding the foregoing, it is the policy of the City of Holmes Beach to provide for the non-commercial use of the city owned property adjacent to the City Hall complex (herein referred to as the "City Field") solely for the benefit of the citizens of Holmes Beach and Anna Maria Island. Accordingly, in addition to the other requirements for temporary use permits set forth in subsections 1 through 6, above, the following shall be required of all temporary use permits for use of the City Field:

a.

Temporary use permits for the City Field shall be issued to organizations which are active not-for-profit corporations duly incorporated under Chapter 617, Florida Statutes or which have been approved by the Internal Revenue Service as exempt under Section 501(c)(3) of the Internal Revenue Code. Any organization wishing to utilize the City Field shall be organizations whose mission benefits the residents and/or natural resources of Anna Maria Island. Priorities shall be given to organizations that have been granted Section 501(c)(3) status by the Internal Revenue Code. Local chapters which are affiliated with and work under the auspices of a national group which has 501(c)(3) status are deemed to be eligible organizations; however, such local chapters must provide a letter dated not more than one year prior to the event from their national organization indicating the affiliation and stating that the national organization retains its 501(c)(3) status.

b.

In order to further the policy set forth above, permits for the use of the City Field shall be limited to organizations or events whose members, beneficiaries and/or mission statement benefit Anna Maria Island and the adjacent waters.

c.

The City may charge a fee for the use of the City Field. For fiscal year 2014-15, the use fee is established at $250 per day which fee is non-refundable. In addition, all applicants must pay a $50 non-refundable application fee and a $500 refundable deposit. These fees may be changed from time to time by resolution of the City Commission.

d.

As a condition of the permit issuance, the applicant shall be required to post one or more signs at the event which shall state the percentage or amount of revenue the applicant is receiving from the event.

e.

Overnight camping during temporary use events.

(1)

Recreational-vehicle-type units, may be allowed for overnight camping on site at temporary use events on property owned by the City of Holmes Beach by vendors, sponsors, owners, managers, and participants of such events.

(2)

"Participants," as used herein, shall be limited to natural persons performing or displaying items as part of, and in conjunction with, the temporary use event, and shall not include patrons, paying or otherwise, of such event.

(3)

Such overnight camping may commence no more than two days prior to commencement of the event, and shall terminate and cease no more than one day after the termination or cessation of the event pursuant to the temporary use permit. User fees will be charged for each day the City Field is occupied by event vendors or participants.

(4)

The sponsor, owner, or manager of any temporary use event shall be responsible for insuring the site remains free of debris or waste upon conclusion of each day's event.

(5)

The owner or person occupying any such nonpermanent units shall be responsible for the solid waste management of the unit and disposal of such waste. No solid waste or sewage from nonpermanent units, may be discharged or disposed of on property owned by the City of Holmes Beach.

(6)

As used herein, "recreational vehicle-type unit" must be a self-contained unit, wherein all living, sleeping, cooking, dining, and restroom facilities are physically and permanently located within the vehicle.

f.

All applicants must provide certificate of insurance listing the City as a named insured in the amount of $1,000,000.00; and

g.

All applicants that request authorization to sell and serve alcoholic beverages shall provide:

(1)

Proof of state liquor license as required by F.S. 561.422 or 565.02.

(2)

Proof that a licensed security person(s) to oversee the safety and orderliness of the event will be retained.

h.

The City Field will be available for use of maximum of two (2) times per month regardless of the length of the temporary use permit.

i.

No one organization may be granted a temporary use permit for use of the City Field more than three (3) times per year.

j.

The use of loud speakers, amplification, musical performances, and the like shall be prohibited on the City Field on Sundays.

AA.

Sexually-oriented adult use establishments. Sexually-oriented adult use establishments are prohibited in all zoning districts. City staff is instructed to direct those who inquire to operate a sexually-oriented adult use establishment within the city to Manatee County, where the person may inquire as to the locations within the county where such establishment is permitted.

BB.

Commercial film production.

1.

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

a.

Film commissioner means the film commissioner as defined in Section 2-19-90 of the Manatee County Code of Ordinances.

b.

Filming operations means those operations necessary to carry out motion picture filming, television filming, commercial advertising operations, and print media operations, along with all similar operations that use motion picture film, videotape, audiotape, or still photography. Film operations shall include, but not be limited to, set construction, actual filming, rehearsals and set teardown. Specifically exempted from the definition of film operations are:

1.

Individuals filming or videotaping exclusively for their own personal or family use;

2.

Employees of print or electronic news media when filming ongoing news events, although this exemption shall not apply to simulations or reenactments orchestrated by print or electronic news media;

3.

Bona fide student and/or faculty filming exclusively for educational purposes; provided, however, the educational exemption shall not apply if the total number of persons working on the educational purposes film operations exceeds eight.

2.

Film commissioner: The film commissioner shall have such duties and authority as is set forth in this section, including:

a.

Developing and maintaining a working knowledge of the film industry, including financial, technical, and logistical considerations impacting the selection of venues for filming.

b.

Developing and implementing strategies to bring commercial filming activities to the city.

c.

Serve as liaison between the filming industry, the state office of film and entertainment, and other governmental entities within the city.

d.

Maintain statistics on filming activities within the city, including the economic benefits derived thereby, and make periodic reports and recommendations to the city commission.

e.

Identify, solicit and recruit filming activities and business opportunities for the city.

3.

Permit.

a.

All filming operations, as defined above which take place in within the city limits, unless specifically exempted herein shall require a filming permit prior to commencement of filming operations.

b.

Commercial still photography activities require a permit only when:

1.

The activity takes place at a location normally closed to the general public; or

2.

The activity uses model(s), set(s), or prop(s) brought into the area; or

3.

The city would incur significant administrative expenses to monitor or supervise the activity.

c.

The mayor is authorized to adopt such administrative forms and procedures as the film commissioner may recommend in order to administer this article. All proposed forms and procedures shall be reviewed by the city attorney's office to ensure all legal and risk issues are adequately addressed.

4.

Permitting standards, procedures and fees.

a.

All filming operations within the city limits which are subject to permitting must, at a minimum, provide the following:

1.

A fully executed and signed application form along with any required attachments. The film commissioner shall endeavor to automate the application process so that it may be completed on line to the fullest extent possible.

2.

Proof, as relevant to the activities applied for, of legal status, insurance coverage, and financial, legal and technical capability to conduct the applied for activities.

b.

Permit applications for filming operations may be denied for the following reasons:

1.

The activity requested represents an unreasonable threat to the land, property or other assets or resources of the city.

2.

The activity requested will create an unreasonable danger of death, injury or disruption of wildlife, or of damage or destruction to trees or other similar plant life.

3.

The activity will require an unreasonable burden on the city staff or staff of other governmental agencies to supervise the activity.

4.

The activity will unreasonably deprive city residents or visitors of the use of city property or facilities for an extended period of time.

5.

The activity would require entry into or access to areas of city property or facilities which are closed to the general public, or which would allow activities not permitted to city residents or visitors. This restriction may be excepted if the applicant agrees to pay for additional staff supervisory costs, and/or complies with such other terms and conditions the film commissioner, after consultation with the mayor or his designated representative, determines are necessary to safely allow the activity to occur while not damaging city property or facilities.

c.

In light of the time constraints and costs of delay associated with filming operations, the film commissioner shall ensure that all permit applications receive expedited review. Prior to approving any application, and what, if any, non-standard terms may be required as a condition of permit approval, the film commissioner shall consult with the mayor or his designated representative.

d.

The city commission shall from time to time and by resolution establish fee schedules for such levels of permitted filming operations and other related city fees or charges as it deems appropriate. To the extent the film commissioner collects such fees or charges for filming operations within the city, or as compensation for the use of municipal land, staff or resources, such funds be paid over to the municipality.

5.

Insurance coverage.

a.

If the filming operations will be conducted on city owned property, the applicant shall provide a general public liability insurance policy with the city as an additional insured. The general public liability insurance policy shall be taken out at a minimum of $300,000.00/$1,000,000.00 combined limit per occurrence of bodily injury and property damage.

b.

The applicant shall also be required to post a bond or other financial security showing the city as a payee in order to provide assurances that any city property or rights-of-way used for filming shall be cleaned after filming operations cease and placed into a similar condition of what it was prior to filming operations.

6.

Use of city equipment. The film commissioner shall not have the authority to authorize use of city equipment or personnel for filming operations. Said authorization may only be granted by the mayor of the city or his designee.

7.

Enforcement. The building official shall have the authority to shut down any filming operation proceeding within the city limits without the benefit of a filming operations permit. The city is also authorized to bring a civil action in a court of competent jurisdiction to recover any costs that it incurs which are not otherwise reimbursed by the applicant, which costs shall include a reasonable attorney's fees to the prevailing party.

CC.

Permissibility of formula businesses as a special exception in Mixed-Use Overlay (MXD) District.

1.

Formula businesses are allowable within the boundaries of the Mixed-Use Overlay District (MXD) only on properties zoned C-1, C-2 or C-3 and shall require a special exception.

2.

In addition to meeting the requirements and standards set forth in section 3.9 of this article pertaining to special exception uses, each of the following conditions must be met before approval of a formula business is granted by the city commission.

a.

The formula business will not increase the number of formula businesses in the MXD District to greater than eight at any one time.

b.

The floor area of the proposed formula business does not exceed 2,000 square feet.

c.

The proposed business adds diversity to the MXD District. Specifically, the proposed formula business is so unique that there is no other business in the MXD District that provides the same service or product; and, the city commission finds that the addition of this formula business will improve the mix of uses within the boundaries of the MXD District.

DD.

Neighborhood disturbances. Except when associated with permitted construction activities, any activities which produce dirt, fumes, particulates, odor, vibration, radio, television, or electromagnetic disturbance are prohibited in R-1AA, R-1, R-2, R-3, R-4, and A-1 zoning districts.

EE.

Outdoor storage. Unless otherwise permitted by temporary use permit or by special exception in the C-3 zoning district, outdoor storage is not permitted in any zoning district.

FF.

Mobile food vehicles and vendors. The following requirements apply to all mobile food vendors:

1.

General mobile food vendor operating requirements. All mobile food vendors and mobile food dispensing vehicles operating in the City of Holmes Beach shall comply with the following:

a.

Mobile food vendors shall comply with all requirements of the most current edition of the Florida Fire Prevention Code (FFPC), National Fire Protection Association (NFPA) 96, and local fire district ordinances. Upon inspection, if the fire marshal or his designee determines any violations of the FFPC, NFPA 96 or local fire district ordinances exist, the mobile food vendor may be required to cease operations immediately.

b.

Under no circumstances shall grease or any waste materials be released into any stormwater system, tree landscaping area, sidewalks, streets, parking lots, or private or public property. Mobile food vendors shall be responsible to properly discard any waste material in accordance with all applicable laws, rules, regulations, orders, or permits.

c.

Any person engaged in selling, preparing, or dispensing food from a mobile food dispensing vehicle shall provide copies of any required approvals or licenses upon request, which may include but are not limited to licenses from the State of Florida Department of Business and Professional Regulations ("DBPR"), Florida Department of Health, and the Florida Department of Agriculture and Consumer Services.

d.

The mobile food vendor shall make the mobile food dispensing vehicle available for routine inspections by the fire marshal or code enforcement officer while in operation, to ensure compliance with all applicable federal, state, and local fire safety statutes, regulations and codes, and local regulations of this section.

2.

Where mobile food vendors conduct business during a special event or events in conjunction with an approved temporary use permit for a special event or events held on city owned public property, where the terms of the temporary use permit and this ordinance conflict, the terms of the temporary use permit shall prevail, in addition to any other applicable federal, state, or local regulations.

3.

Mobile food dispensing vehicles. Mobile food vendors operating from a mobile food dispensing vehicle may operate in accordance with the following standards:

a.

The mobile food vending shall only occur on a C-2 or C-3 commercially zoned property within a parking lot that is in compliance with the required off-street parking requirements for the permitted uses on the property.

b.

Shall not operate within any public right-of-way.

c.

Shall not conduct retail sales or other business activities and shall be solely limited to the sale and serving of food and beverages.

d.

Shall be parked on a finished surface, such as concrete, pavers, asphalt, gravel, or other approved material normally used for parking of motor vehicles.

e.

Shall not occupy parking spaces reserved for persons with disabilities or impede the free movement of automobiles and pedestrians.

f.

Limitation on the total number and hours of operation.

(1)

Mobile food dispensing vehicles shall occupy no more than the number of parking spaces that are in excess of those required for the existing uses on the property.

(2)

Each site shall not have more than two mobile food dispensing vehicles operating at any one time, except as may be allowed as part of an approved temporary use permit for special event.

(3)

Mobile food dispensing vehicles shall only operate between the hours of 7:00 a.m. and 7:00 p.m., except as may be permitted as part of an approved temporary use permit for a special event.

(4)

Mobile food dispensing vehicles are permitted on each property meeting the criteria contained herein no more than two days per calendar week.

g.

Operating requirements.

(1)

Mobile food dispensing vehicles shall have the written consent of all owners of the property on which they are located. Such written permission shall be available upon request by the representative of any regulating agency.

(2)

Mobile food vendors are responsible for all trash, debris, or litter generated from operations. Mobile food dispensing vehicles shall be self-contained when operating and provide their own required trash and recycling receptacles for both their use and the use of the general public. Mobile food vendors shall remove all waste and trash at the end of each day of operation prior to vacating their location and fully comply with F.A.C. Rule 61C-4.0161, as amended.

(3)

Mobile food vendors operating at a property for a duration longer than four hours shall have a written agreement which confirms that employees have access to a public restroom on the property of the vendor's location during the hours of operation.

h.

Prohibitions. Mobile food vendors operating a mobile food dispensing vehicle are prohibited from the following:

(1)

Serving from outside the mobile food dispensing vehicle.

(2)

Operating in or in a manner that blocks any driveway, driveway aisle, loading zone, no parking zone, fire lane, fire hydrant or any other fire protection devices and equipment, or American with Disabilities Act (ADA) accessible parking spaces or accessibility ramps.

(3)

Operating in a location that impedes on-site circulation of motor vehicles, obstructs, or blocks the view of motor vehicles using driveways, or impedes or blocks the ingress or egress of a building or emergency exit.

(4)

Operating at abandoned or vacant business locations, and in any approved landscape buffer or stormwater retention area.

(5)

Use of sound amplification in violation of chapter 30, article III, Holmes Beach Noise Control Ordinance, and any other applicable laws.

(6)

Using prohibited signs.

(7)

Selling or dispensing food to customers located in a moving vehicle or otherwise engaging in drive-up sales.

4.

Penalties and other legal remedies. The city is permitted to enforce the provisions of this section by any means available under the law, to include code enforcement proceedings pursuant to F.S. ch. 162, and chapter 2 of the city's Code of Ordinances.

GG.

Requirements of dedication or reservation of recreation/open space by developer. New residential developments or redevelopments shall provide for the recreation/open space needs generated by said development, as required by the comprehensive plan and as set forth herein.

1.

Purpose and standards. The purpose of this requirement is to provide adequate active recreational facilities and open space to serve the residents of the immediately surrounding neighborhood within the development. Each development shall satisfy this requirement by installing the types of recreational facilities that are most likely to be suited to and used by the age bracket of persons likely to reside in that development and shall be subject to site plan review. The property utilized to satisfy this requirement will be attractively landscaped and shall be provided with sufficient natural or manmade screening or buffer areas to minimize any negative impacts upon any adjacent residences.

2.

Amount. All new residential development and redevelopments shall provide, through payment of a fee as outlined in paragraph 10c., below or dedication or reservation as outlined in paragraph 10d., below, recreational open space in an amount equal to 0.0025 acres (108.9 square feet) per person expected to reside in that development. For purposes of this section, one-bedroom dwelling units shall be deemed to house an average of 1.4 persons, two-bedroom units shall be deemed to house an average of 2.2 persons, three-bedroom units shall be deemed to house an average of 3.2 persons and units with four or more bedrooms shall be deemed to house an average of 4.0 persons.

3.

Fee in lieu of dedication or reservation. The city commission recognizes that any such recreational/open space area must be of a certain minimum size to be usable and that any such designated area will not serve its intended purpose unless properly maintained. Therefore, for those residential developments and redevelopments that are small enough so that the amount of required recreational/open space area does not exceed 2,000 square feet, the city, at its discretion, may require the developer to pay a fee equal to the fair market value of the land which is required to be dedicated pursuant to this section. Any funds collected by the city pursuant to this section will be utilized to meet the recreational requirements of the comprehensive plan.

4.

Public dedication or private reservation. Any recreational/open space area provided in compliance with this requirement which is dedicated to the public shall be rezoned as a REC-2 public recreation open space district, and any recreation/open space area so provided which is held by private reservation for the use of residents of a particular development shall be so designated on the site plan and may, at the option of the developer, be rezoned as a REC-1 private recreation open space district.

(Ord. No. 07-04, § 2(Exh. A), 3-27-07; Ord. No. 07-18, § 3, 11-27-07; Ord. No. 08-06, § 2, 8-12-08; Ord. No. 09-03, §§ 2, 3, 10-13-09; Ord. No. 10-06, § 7, 10-26-10; Ord. No. 11-04, §§ 1, 2, 2-8-11; Ord. No. 12-02, § 1, 4-24-12; Ord. No. 12-07, § 8, 10-23-12; Ord. No. 14-14, § 3, 8-12-14); Ord. No. 14-21, § 1, 8-26-14; Ord. No. 15-10, § 3, 6-23-15; Ord. No. 15-12, § 6, 9-8-15; Ord. No. 18-05, § 7, 3-1-18; Ord. No. 18-07, § 4, 4-10-18; Ord. No. 21-08, § 2, 5-25-21; Ord. No. 22-02, § 3, 2-8-22; Ord. No. 22-21, § 3, 11-15-22; Ord. No. 25-02, § 4, 2-11-25)

Editor's note— Ord. No. 11-04, § 1, adopted February 8, 2011, enacted provisions intended for use as subsection AA. Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as subsection BB.