In pursuance of authority conferred by F.S. ch. 163, the purpose, intent and scope of this article are for promoting the health, safety, morals and general welfare of the municipality; lessening congestion in the streets; securing safety from fire, panic and other dangers; providing adequate light and air; preventing the overcrowding of land; avoiding undue concentration of population; conserving the value of land and buildings; preserving the ecological functions of land and water resources; and facilitating the adequate provision of transportation, potable water, sewerage, schools, parks and other public requirements in accordance with the town's adopted comprehensive plan.

(Ord. No. 5-92, § 3.2, 8-25-92)

This article shall be known and may be cited as the zoning regulations of the town land development code.

(Ord. No. 5-92, § 3.3, 8-25-92)

(a)

The provisions of this article shall be administered and enforced by the land use officer or his/her designated alternate appointed by the town commission. Their duties shall include receiving development applications, assisting applicants in the procedures required hereunder, inspecting premises when applicable and issuing preliminary development orders.

(b)

If the administrators shall find that any of the provisions of this article are being violated, they shall, in writing, notify the person(s) responsible for such violations, including the nature of the violation and the action necessary to correct it.

(Ord. No. 5-92, § 3.39, 8-25-92; Ord. No. 7-94, 8-23-94)

A preliminary development order issued by the land use officer is required in advance of the initiation of construction, erection, moving or alteration of any building or structure in accordance with the following:

(1)

The following types of improvements will require a preliminary development order from the town land use office:

a.

Improvements that occur in conjunction with a change of occupancy or zoning classification;

b.

New construction;

c.

Any improvement that changes the exterior dimensions of the structure; or

d.

Setting up off-site built or prefabricated structures of any kind.

(2)

There are other types of improvements that will require permits, such as electrical upgrade, plumbing changes, etc., that can be obtained directly from the county building department. The town has an interlocal agreement with the county building department regarding permits and inspections. Either the town land use officer or the county building official may be contacted for details and requirements.

(Ord. No. 5-92, § 3.40, 8-25-92; Ord. No. 7-94, 8-23-94)

(a)

All applications for a preliminary development order shall be accompanied by at least two sets of plan drawings drawn to scale at no less than one inch equals 100 feet, showing the actual dimensions of the lot to build upon, exact sizes and locations on the lot of the proposed building(s) or alteration(s), the number of dwelling units the building is designed to accommodate, if a mobile home or manufactured home, the serial number of such mobile home or manufactured home, protected tree locations and tree types, signs, and a description of use and hazardous substance use, storage, or disposal, if applicable.

(b)

If the proposed development as set forth in such plans is in conformity with the provisions of this article and other articles of this chapter then in force, the land use officer shall sign and return one copy of the plans to the applicant and shall issue one or more preliminary development orders upon payment of any required fees. The land use office shall retain one copy of the preliminary development order(s) and one copy of the plans.

(Ord. No. 5-92, § 3.41, 8-25-92; Ord. No. 7-94, 8-23-94)

(a)

Any development permit issued shall become invalid unless the work authorized by it shall have been commenced within six months of its date of issue, or if the work authorized by it is suspended or abandoned for a period of one year.

(b)

If and in the event the purchaser of a building development permit shall fail to utilize the permit for the purposes for which it was purchased, or if and in the event the permit shall become invalid as provided for herein, there shall be no refund of any portion of the fee paid for such permit.

(Ord. No. 5-92, § 3.41.1, 8-25-92)

(a)

A certificate of occupancy issued by the county building official is required in advance of occupancy or use of:

(1)

Any lot or change of use thereof.

(2)

A building hereafter erected or altered or changed in the use or occupancy of an existing building.

(3)

Each nonconforming use created by the passage of and subsequent amendment to this article or that its change extended, altered, or rebuilt thereafter.

(b)

The certificate of occupancy will state specifically where the lots, buildings, or use fails to meet the requirements of occupancy, or the final development order. A record of occupancy permits shall be kept on record in the town hall.

(Ord. No. 5-92, § 3.42, 8-25-92; Ord. No. 7-94, 8-23-94)

It is the intent of this article that the duties of the town commission under this article shall not include hearing and deciding questions of interpretation and enforcement that may arise. Under this article the town commission shall have only the duties of:

(1)

Considering and adopting or rejecting proposed amendments or the repeal of this article, as provided by law; and

(2)

Establishing a schedule of fees and charges as stated in section 34-207.

(Ord. No. 5-92, § 3.46, 8-25-92)

(a)

The town commission shall establish a schedule of fees, charges, and expenses, and a collection procedure, for development applications, development permits, certificates of occupancy, appeals, applications for hardship relief and other matters pertaining to this article. This schedule of fees shall be posted in the office of the town clerk, and may be altered or amended only by the town commission.

(b)

No development review, permit, certificate of use or occupance, occupational license, or hardship relief shall be issued or hearing held unless or until such costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before the hearings division unless or until preliminary charges and fees have been paid in full.

(Ord. No. 5-92, § 3.47, 8-25-92)

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, maintained or any building or land is used in violation of this article, the building official, or any other appropriate town authority, or any person who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action in proceeding to prevent the violation in the case of each such building or use of land.

(Ord. No. 5-92, § 3.44, 8-25-92)

Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a penalty of $100.00 in addition to the required zoning approval fee.

(Ord. No. 97-3, § 1(3.445), 4-22-97)

The town commission may from time to time on its own motion or on petition, after public notice and hearing as provided by law, amend, supplement or change, modify or repeal, the boundaries or regulations herein or subsequently established, providing that such changes are consistent with the town's adopted comprehensive plan and F.S. ch. 163, and, after submitting the same to the town planning commission for its recommendation and report. If the planning commission fails to submit a report within the 30-day period, it shall be deemed to have approved the proposed amendment. No action may be taken until after a public hearing has been held, at which time parties withstanding as defined by F.S. § 163.3215 shall have had an opportunity to be heard. At least 15 days' notice of the date, time and place of such hearing shall be published in a newspaper of general circulation in the town, and notice shall also be provided by certified mail with return receipt request to all owners of property within 400 feet of any property directly affected by the proposed amendment, and whose address is known by reference to the latest ad valorem tax records.

(Ord. No. 5-92, § 3.45, 8-25-92; Ord. No. 03-21, § 1, 5-4-21; Ord. No. 11-22, § 2, 12-13-22)

Whenever the regulations of this article require a greater width or size of yards or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied or impose other more restrictive standards than are required in or under any other statute the requirements of these regulations shall govern. Whenever the provisions of any other statute require more restrictive standards than are required by this article the provisions of such statute shall govern.

(Ord. No. 5-92, § 3.48, 8-25-92)

Any person violating any provision of this article shall be guilty of a misdemeanor and upon conviction shall be punished for each offense according to law. Each day such violation continues shall be deemed a separate offense.

(Ord. No. 5-92, § 3.43, 8-25-92)

For purposes of this article, the town is hereby divided into 13 districts designated as follows:

(Ord. No. 5-92, § 3.4, 8-25-92)

The boundaries of these districts are as shown upon the map entitled, "Zoning Map, Town of Inglis, Florida," dated and certified by the town clerk. Such map is hereby made a part of this article.

(1)

Amendments to the zoning map. All amendments and changes to the zoning map shall be recorded by the town clerk with the building inspector not later than 48 hours after such amendment becomes effective. All amendments and changes to the zoning map shall be recorded at the end of each fiscal year upon a new copy of the zoning map.

(2)

Revision of the zoning map. The town commission may from time to time order the revision of the zoning map so as to include all changes to date and to take the place of the original map which is a part of this article. No changes shall be made upon such revised map that are inconsistent with the town's adopted future land use map or, have not been made in regular form by the town commission of the town.

(3)

Location of the zoning map. Regardless of the existence of purported copies of the zoning map, which may from time to time be made or published, the zoning map of the town in the office of the town clerk shall be the final authority for zoning districts in the town.

(Ord. No. 5-92, § 3.5, 8-25-92)

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply:

(1)

Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or highway right-of-way lines, such centerlines, street lines, or highway right-of-way lines shall be construed to be such boundaries.

(2)

Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be such boundaries.

(3)

Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines of right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such distance shall be determined by the use of the scale on the zoning map.

(Ord. No. 5-92, § 3.6, 8-25-92)

Within a residence-conservation RC-1 district, as shown on the zoning map of the town, the following use provisions shall apply:

(1)

Uses permitted. The following uses are permitted in the RC-1 residence-conservation district:

a.

Detached single dwellings, provided that such dwellings are traditional standard construction, manufactured homes, or manufactured buildings, provided that applications for permits for manufactured buildings must be accompanied by the following documents:

1.

Certificate of origin from the manufacturer of the home with a warranty against defects in materials, workmanship, electrical, plumbing, mechanical, and roofing for one year from the date of the local certificate of occupancy; and

2.

Statement from a state licensed architect, engineer, or building official at the point of origin that each modular section was inspected during stages of construction and is in compliance with the standard building, housing, electrical, plumbing, mechanical (H.A.R.V.), gas, and model energy codes.

b.

Public parks, used for passive recreation activities.

c.

Signs in accordance with and as permitted by the sign regulations in article IX of this chapter.

d.

Noncommercial detached greenhouses, provided the size shall be not more than 15 percent of the living area of the home and that the detached greenhouse shall be in the rear yard and shall be not less than ten feet from any property line.

e.

One accessory building, not to exceed 200 square feet in area, shall be permitted only in a rear or side yard and shall be not less than ten feet from the property line, provided that such accessory buildings shall be defined as detached utility or storage sheds, and shall specifically not include detached garages, workshops, pole barns, pump houses, carports, screen rooms, open gazebos or boathouses.

f.

One accessory apartment unit, of the construction types permitted for principal structures in the R-1 zoning classification, not exceeding 600 square feet, which shall be located within the yard setback requirements of this article.

(2)

Application of state statute. The provisions of F.S. ch. 253 and F.A.C. 18-21 and 62-312 shall apply to uses in this district.

(3)

Shoreline protection zone. The limits of the RC-1 district which parallels Harrison Branch delimits the shoreline protection zone for the natural drainage creek, where activities are limited to those in subsection 34-535(5)b.

(4)

Off-street parking. Off-street parking spaces shall be in accordance with sections 34-301 through 34-304 as applicable.

(Ord. No. 5-92, § 3.18, 8-25-92)

Within a residence R-1 district, as shown on the zoning map of the town, the following use provisions shall apply:

(1)

Uses permitted. The following uses are permitted in the R-1 residence district:

a.

Detached single dwellings, provided that such dwellings are site-built traditional standard construction, or manufactured buildings, provided that applications for permits for manufactured buildings must be accompanied by the following documents:

1.

Certificate of origin from the manufacturer of the home with a warranty against defects in materials, workmanship, electrical, plumbing, mechanical and roofing for one year from the date of the local certificate of occupancy; and

2.

Statement from a state licensed architect, engineer or building official at the point of origin that each modular section was inspected during stages of construction and is in compliance with the standard building, housing, electrical, plumbing, mechanical (H.A.R.V.), gas and model energy codes.

b.

Signs in accordance with and as permitted by the sign regulations of article IX of this chapter.

c.

Customary home occupations, including limited retail sales, provided that there shall be no outward indication of the occupation, including no signs advertising or announcing the occupation; no noise as a result of any commercial activity; no storage of hazardous material or wastes; no parking or traffic circulation problems.

d.

Noncommercial detached greenhouses, provided the size shall be not more than 15 percent of the living area of the home and that the detached greenhouse shall be in the rear yard and shall be not less than ten feet from any property line.

e.

One accessory building, not to exceed 200 square feet in area, shall be permitted only in a rear or side yard and shall be not less than ten feet from the property line, provided that such accessory buildings shall be defined as detached utility or storage sheds, and shall specifically not include detached garages, workshops, pole barns, pump houses, carports, screen rooms, open gazebos or boathouses.

f.

One accessory apartment unit, of the construction types permitted for principal structures in the R-1 zoning classification, not exceeding 600 square feet, which shall be located within the yard setback requirements of this article.

(2)

Application of state statute. The provisions of F.S. ch. 253 and F.A.C. 18-21 and 62-312 shall apply to uses in this district.

(3)

Off-street parking. Off-street parking spaces shall be in accordance with sections 34-301 through 34-304 as applicable.

(Ord. No. 5-92, § 3.19, 8-25-92)

Within a residence R-1-A district, as shown on the zoning map of the town, the following use provisions shall apply:

(1)

Uses permitted. The uses permitted in the R-1-A residence district are all residential uses permitted in R-1, providing that such residential uses may include as the principal use manufactured homes in R-1-A.

(2)

All principal structures in the Residential 1-A (R-1-A) zoning district shall meet the following minimum development standards:

a.

Each home shall have a floor area of at least 875 square feet;

b.

The roof overhang of each home, measured at the soffit and fascia shall be at least six inches.

c.

Each home shall have a roof pitch of at least 3 inches for every 12 inches;

d.

The perimeter of the foundation of each home shall be solid and continuous masonry material;

e.

Homes shall be situated parallel to the street, with the front entrance oriented toward the street;

f.

There shall be a maximum of one residence per lot.

(Ord. No. 5-92, § 3.20, 8-25-92; Ord. No. 03-01, § 1, 4-24-01)

(a)

Created. There is hereby created a zoning classification to be know as R-1-B.

(b)

Uses permitted. The following uses are permitted in the R-1-B residence district:

(1)

The R-1-B district shall allow for all uses provided for in the current zoning classification of R-1, but shall additionally allow for the following use: modular and/or manufactured housing.

(2)

Any manufactured or modular home would be required to meet the following specific criteria:

a.

Each home must meet all current standards and requirements of the Southern Standard Building Code and all other applicable codes and standards currently in force within the county and the town;

b.

Each home, before its installation, must have presented to the town zoning officer a certification of compliance with the Southern Standard Building Code and all other applicable codes and standards currently in force within the county and town;

c.

All manufactured or modular homes to be located within the R-1-B zoning classification must have a minimum square footage of heated and cooled floor area of 900 square feet; and

d.

Skirting must be completed in compliance with the applicable section of the town Code prior to the issuance of a certificate of occupancy.

(Ord. No. 96-8, § 3, 12-10-96)

Within a residence R-2 district, as shown on the zoning map of the town, the following use provisions shall apply:

(1)

Uses permitted. The following uses are permitted in the R-2 residence district:

a.

Two-family dwellings including duplexes and semidetached structures.

b.

Multifamily dwellings.

c.

Apartment hotels for nontransients.

d.

Roominghouses and boardinghouses.

e.

All residential uses permitted in R-1 and R-1A districts.

f.

All non-residential uses permitted in R-1 and R-1A districts, subject to R-1 and R-1A district use requirements respectively.

(2)

Off-street parking. Off-street parking spaces shall be in accordance with sections 34-301 through 34-304 as applicable.

(Ord. No. 5-92, § 3.21, 8-25-92; Ord. No. 97-4, § 1, 5-27-97)

The permitted uses shall be for the exclusive use of the mobile home park residents. One detached single-family dwelling may be provided per park to be used exclusively as the residence of the mobile home park owner or manager, including any accompanying mobile home park office use that may be situated in such dwelling.

(1)

Uses permitted. The following uses are permitted in the MHP-1 district:

a.

The rental or condominium ownership of manufactured homes.

b.

Park management office.

c.

Laundry, storage, maintenance and related service facilities.

d.

One detached single-family dwelling.

e.

Accessory uses.

f.

Recreational vehicles provided that the vehicle rents a space for a minimum of one month, and that the vehicle has one full bath (bathing and sanitary facilities.)

(2)

Skirting. All manufactured homes in a mobile home park shall have skirting.

(3)

Water and sewer facilities. All manufactured homes and recreational vehicles must be connected to centralized potable water and sanitary sewer facilities.

(4)

Off-street parking. Off-street parking spaces shall be in accordance with sections 34-301 through 34-304 as applicable.

(Ord. No. 5-92, § 3.22, 8-25-92; Ord. No. 01-15, § 1(Att. A), 6-2-15)

Within a commercial C-1 district, as shown on the zoning map of the town, the following shall apply:

(1)

Uses permitted. The following uses are permitted in the C-1 neighborhood commercial district:

a.

Retail sales including but not limited to food, beverages, wearing apparel, toys, bait and tackle shops, sundries and notions, books and stationery, leather goods and luggage, jewelry, art, cameras and photographic supplies, sports and hobby supplies and equipment, musical instruments, television and radio equipment, flowers and plants, gifts, drugs, home furnishings, appliances, office equipment, antiques, hardware and farm supplies, auto parts (new and used), pet shops and dog grooming establishments.

b.

Restaurants with a maximum of 20 percent of the square footage of the licensed facility dedicated to alcohol sales.

c.

Personal service establishments including but not limited to barbershops, beauty parlors, steam baths, exercise or reducing salons, licensed masseurs and masseuses, watch and clock repair, printing and copying, funeral homes, locksmith, title companies, video rentals.

d.

Commercial banks, savings and loan, credit units, loan companies and other financial services.

e.

Professional and business offices, including but not limited to real estate offices, attorneys' offices, architects, engineers.

f.

Parking lots provided they shall be paved so as to provide a durable and dustless surface and shall be graded and drained so as to dispose of and treat for removal of pollutants all surface water accumulation within the area in accordance with the level of service standards in the town's adopted comprehensive plan and design standards of the town's land development regulations. Lights used to illuminate the parking area will be so arranged so as to reflect away from any adjacent premises. Where a parking lot or driveway thereto adjoins property in a residence district, such parking lot or driveway shall be separated from such property by a buffer as provided for in article V, the landscape and buffer portion of this chapter. (See sections 34-301 through 34-306 for parking space requirements.)

g.

Newspaper offices, printing establishments.

h.

Signs in accordance with and as permitted by the sign regulations in article IX of this chapter.

i.

Clubs, lodges and fraternal organizations.

j.

Nursery schools, day care centers, or kindergartens, provided the following exist:

1.

There shall be at least 75 square feet of outdoor play area available for each child enrolled;

2.

The entire property must be fenced to protect the children from the possible hazards of adjacent commercial uses;

3.

The property must not be within 500 feet of an existing and operating establishment licensed for the sale of alcoholic beverages;

4.

That, in addition to the parking requirements of sections 34-301 through 34-404, as applicable, the property must provide an off-street area for loading and unloading of children so as to protect them from traffic on any street.

k.

Desirable low impact/high value enterprises, such as:

1.

Software development.

2.

Customer service call centers.

3.

Internet service providers.

4.

Technology research and development.

5.

Ecotourist-guided/self-guided: birding, kayaking, canoeing, history.

6.

Marine science center: fisheries management, habitat management.

l.

Laundromat and retail laundry (no dry cleaning on site.)

(2)

Uses permitted by special exception only.

a.

One residential use per property for the business owner or caretaker/watchman, provided:

1.

The residential use must, wherever possible, be placed upon the second or third floor above the commercial use.

2.

Where placement of the residential use above the commercial use is not possible, the residence may be placed on the ground level, provided that each of the following conditions are met:

(i)

All regulations, including setbacks, lot coverage, etc., for a dwelling in zoning classification R-1-A will apply and be strictly enforced;

(ii)

The residence must have separate hookups for water and electricity that meet current regulations; and

(iii)

The septic system must comply with and be approved with current regulations, including setbacks, as determined by the county health department.

b.

Reserved.

c.

Mortuaries.

d.

Boarding house and bed and breakfast.

e.

Auto and/or boat sales, provided all repair and servicing shall be done within an enclosed building that is enclosed on at least three sides; provided further, that if the building is located within 50 feet of a lot in a residence zone with no intervening street, the wall of the building nearest such zone shall have no openings other than doors or stationary windows, and such doors shall be permitted only if the building is adjacent to any alleys and they may be opened only at intervals necessary for ingress or egress.

f.

Restaurants dedicating more than 20 percent of the square footage of the licensed facility to alcohol sales.

g.

Motel/hotel.

h.

Contractors heavy equipment storage yard.

(3)

Reserved.

(4)

Storage yards. All outdoor storage areas containing materials that are not on display for sales purposes must be buffered from view from the public right-of-way.

(Ord. No. 5-92, § 3.23, 8-25-92; Ord. No. 8-93, 5-11-93; Ord. No. 2-95, 8-8-95; Ord. No. 13-98, § 1, 1-26-99; Ord. No. 02-02, § 1, 9-9-02; Ord. No. 01-05, § 1(Att. A), 3-8-05; Ord. No. 02-05, § 1(Att. A), 3-8-05; Ord. No. 01-06, § 1c., 4-11-06; Ord. No. 08-07, § 1(Att. A), 12-11-07; Ord. No. 05-09, § 1, 9-8-09)

Within a commercial C-2 district, as shown on the zoning map of the town, the following use provisions shall apply:

(1)

Uses permitted. The following uses are permitted in the C-2 commercial district:

a.

All uses permitted in a C-1 district subject to C-1 use requirements.

b.

Signs in accordance with and as permitted by the sign regulations in article IX of this chapter.

c.

Public garages for retail service only, including automobile repairing, painting, upholstering, body and fender work; welding, wooden fence manufacturing, and stool and chair assembly provided that: these and other operations shall be conducted within a building enclosed on at least three sides; provided further, that if the building is located within 50 feet of a lot in a residence zone with no intervening street, the wall of the building nearest such zone shall have no openings other than doors or stationary windows, and such doors shall be permitted only if the building is adjacent to any alleys and they may be opened only at intervals necessary for ingress or egress.

d.

Furniture upholstering.

e.

Bait processing.

f.

Baking establishments, i.e., food products.

g.

Feed stores.

h.

Hotels or motels.

i.

Theaters.

j.

Drive-in eating establishments where customers may or may not dine within their automobiles.

k.

Car washes.

l.

Animal hospitals.

m.

Seafood cold storage.

n.

Contractor's heavy equipment storage yards.

o.

Flea markets and auctions.

p.

Professional offices or clinics for medical or dental practice.

q.

Full-service or self-service gasoline filling stations, or convenience store which also sells gasoline or propane gas including the retail sale of propane gas from a tank not exceeding 1,000 gallons, provided the service station is located on a principal thoroughfare. A plot to be occupied by a service station shall be not less than 100 feet in width and 150 feet in depth.

Any tube or tire repairing, storage of merchandise and supplies shall be conducted wholly within buildings. No provision of this subsection shall be interpreted to permit general automobile repairing, painting, body and fender work or steam cleaning.

Any structure, such as a grease rack or automobile washing apparatus, gasoline pumps, buildings and underground storage tanks, including principal use signs, shall be set back not less than 25 feet from any property line. Such areas between a property line and any service station facility will be kept free from trash and rubbish and no part therein shall serve as a collection point for waste material.

The means of access or egress shall be provided no less than as stipulated by the state department of transportation's minimum connection spacing standards and not less than 25 feet from any residence district boundary line. Access and egress shall be arranged and designed so as to minimize the interference with the flow of traffic through the intersection.

All lights and lighting on a service station shall be so designed and arranged as not to cause a direct glare into residentially zoned property or roadways. (See section 34-307 regarding lighting regulations.) Providing further, that a buffer be provided in accordance with article V, the landscape and buffer provisions of this chapter.

r.

Impoundment areas, auto and personal property.

s.

Assembly and sales of small appliances.

t.

Manufactured housing and recreational vehicle (RV) sales.

u.

Marina.

v.

Dry boat storage.

w.

Package liquor stores.

x.

Auto and/or boat sales, provided all repair and servicing shall be done within an enclosed building that is enclosed on at least three sides; provided further, that if the building is located within 50 feet of a lot in a residence zone with no intervening street, the wall of the building nearest such zone shall have no openings other than doors or stationary windows, and such doors shall be permitted only if the building is adjacent to any alleys and they may be opened only at intervals necessary for ingress or egress.

y.

The warehousing and sale of building materials and supplies.

(2)

Uses permitted by special exception only.

a.

One residential use per property for the business owner or caretaker/watchman, provided:

1.

The residential use must, wherever possible, be placed upon the second or third floor above the commercial use.

2.

Where placement of the residential use above the commercial use is not possible, the residence may be placed on the ground level, provided that each of the following conditions are met:

(i)

All regulations, including setbacks, lot coverage, etc., for a dwelling in zoning classification R-1-A will apply and be strictly enforced;

(ii)

The residence must have separate hookups for water and electricity that meet current regulations; and

(iii)

The septic system must comply with and be approved with current regulations, including setbacks, as determined by the county health department.

b.

Reserved.

c.

Mortuaries.

d.

Boarding house and bed and breakfast.

e.

Marine aquaculture and production.

f.

Bars, nightclubs, cocktail lounges, and taverns.

(3)

Reserved.

(4)

Storage yards. All outdoor storage areas containing materials that are not on display for sales purposes must be buffered from view from the public right-of-way.

(Ord. No. 5-92, § 3.24, 8-25-92; Ord. No. 01-05, § 1(Att. A), 3-8-05; Ord. No. 02-05, § 1(Att. A), 3-8-05; Ord. No. 01-06, § 1c., 4-11-06; Ord. No. 08-07, § 1(Att. A), 12-11-07; Ord. No. 05-09, § 1, 9-8-09)

Within an industrial I district, as shown on the zoning map of the town, the following provisions shall apply:

(1)

Intent. The I district is established to protect existing industries and to provide facilities for future development.

(2)

General use criteria. The principal uses permitted in any I district shall be limited in general to the assembly, packaging or processing of previously prepared goods and materials. Additional permitted uses include the storage of goods and materials; the receiving, sorting and/or distribution of goods and materials; fabricating shops; retail and wholesale activities requiring extensive storage or warehousing; related commercial and service activities; and certain types of manufacturing and processing of raw materials and goods and other uses specifically listed below.

(3)

Uses permitted. The following uses are permitted in the industrial district, I:

a.

Any industry conforming to subsection 34-242(2) and such provisions of section 34-249 as deemed applicable and subject to the following conditions. Such industry shall be of such a nature that it can be operated so as to not be injurious or offensive or detrimental to the present or intended character of this district or vicinity by reason of the emission of noise, dust, glare, smoke, gas, fire, odors, vibration, toxic or noxious waste materials or fumes.

b.

Retail propane gas.

c.

Laundry and dry cleaning plants.

d.

Electrical repair shops and motor and armature rewinding shops.

e.

Cold storage and ice plants.

f.

Trucking and bus terminals.

g.

Signs in accordance with and as permitted by the sign regulations of article IX of this chapter.

h.

Metal fabricating plants.

i.

Radio and television transmission and receiving towers of a commercial nature, provided that all such facilities shall be surrounded by a safety fence of at least eight feet in height; that an accessory building may be provided to house all equipment necessary for the operation of the facility; that the location cannot be utilized as an office for any purpose; and that the developer shall provide a buffer of shrubbery or other greenery between the fencing and the surrounding residential properties in accordance with article V of this chapter.

(4)

Uses permitted by special exception only.

a.

Wholesale baking and food preparation.

b.

Veterinarians' animal hospitals and kennels.

(5)

Uses prohibited. The following uses are prohibited in the I district.

a.

Residences.

b.

Places of public assembly.

c.

Junkyards, salvage yards and scrap storage.

(Ord. No. 5-92, § 3.25, 8-25-92; Ord. No. 08-07, § 1(Att. A), 12-11-07)

Within a public-institutional PI district, as shown on the zoning map of the town, the following provisions shall apply:

(1)

Intent. The PI district is established to protect existing public buildings and grounds, educational (public and private), institutional and other public uses and to provide sites for future development of public and institutional uses.

(2)

General use criteria. The principal uses permitted in any PI district shall be limited in general to any use which shall serve the overwhelming public interest and which is a function of a government to serve the public to protect the health, safety, morals and general welfare of its citizens.

(3)

Uses permitted. Uses permitted in the PI district are as follows:

a.

Governmental and quasi-governmental agency offices, public schools, hospitals and nursing homes, chambers of commerce, cemeteries, prisons, public parks and recreational sites and municipally owned utilities.

b.

Public and private schools offering general education courses.

c.

Nursery schools, day care centers, or kindergartens, provided at least 75 square feet of outdoor play area is available to each child. No outdoor play equipment nor displays such as nursery rhyme characters or scenes depicting national or religious holidays or the like may be exhibited or located in the front or side yards.

d.

Hospitals for human care and nursing homes.

e.

Churches and related accessory buildings, provided they are located on a lot fronting an arterial or collector street and are placed not less than 50 feet from any property line with required off-street spaces separated from property lines by a planted buffer in accordance with article V of this chapter.

f.

Signs in accordance with and as permitted by the sign regulations of article IX of this chapter.

g.

Nonchurch affiliated private institutions that serve the public interest to enhance the health, safety, well being, morals and general welfare of the community.

(Ord. No. 5-92, § 3.26, 8-25-92; Ord. No. 08-07, § 1(Att. A), 12-11-07)

Within a park P district, as shown on the zoning map of the town, the following provisions shall apply:

(1)

Intent. The P district is established to protect existing public park sites and to provide sites for future development of public parks.

(2)

General use criteria. The principal uses permitted in any P district shall be limited in general to any public recreational use which shall serve the overwhelming public interest and which is a function of a government to serve the public to protect the health, safety, morals and general welfare of its citizens.

(3)

Uses permitted. Uses permitted in the P district are as follows:

a.

Publicly-owned parks and recreational facilities.

b.

Signs in accordance with and as permitted by article IX of this chapter.

(4)

Off-street parking. Off-street parking spaces shall be in accordance with sections 34-301 through 34-304 as applicable.

(Ord. No. 5-92, § 3.27, 8-25-92)

Within a U district, as shown in the zoning map of the town, the following provisions shall apply:

(1)

Intent. The U district is established to protect existing utility sites and to provide sites for future development of essential utilities to serve the land uses of the town.

(2)

General use criteria. The principal uses permitted in the U district shall be limited to any publicly owned or privately owned water or wastewater treatment facilities, telephone, electrical service lines, transmission and distribution lines, electric substations, and switching stations, equipment and infrastructure, outside equipment storage areas, communication facilities and antenna towers, offices, pole yards, parking and related transportation facilities and structures, telephone service cables and lines, which shall serve the overwhelming public interest and which is a function of a government to serve the public to protect the health, safety, morals, and general welfare of its citizens.

(3)

Uses permitted. Uses permitted in the U district are as follows:

a.

Electrical service lines, distribution substations;

b.

Transmission and distribution lines, electric substations and switching stations, equipment and infrastructure, outside equipment storage areas, communication facilities and antenna towers, fueling stations outside flood hazard areas, offices, pole yards, parking and related transportation facilities and structures, telephone service cables and lines, telephone switching facilities, natural gas pipelines, centralized water and wastewater treatment facilities, servicing uses not on the plant site.

c.

Signs in accordance with and as permitted by article IX of this chapter.

(4)

Uses permitted by special exception only.

a.

All utility uses that are located on waterfront properties.

(Ord. No. 5-92, § 3.28, 8-25-92; Ord. No. 03-04, § 1, 2-10-04; Ord. No. 07-05, § 1, 12-13-05; Ord. No. 08-07, § 1(Att. A), 12-11-07)

Within a timber T district, as shown on the zoning map of the town, the following provisions shall apply:

(1)

Intent. The T district is established to protect existing silviculture activities and to provide sites for future silvicultural activities that serve as a greenbelt to the perimeter of the town and help to conserve soil and water resources in the town.

(2)

General use criteria. The principal uses permitted in any T district shall be limited in general to any silviculture practices limited to the planting, cultivation and harvesting of trees.

(3)

Uses permitted. Uses permitted in the T district are as follows:

a.

Commercial "tree farms" in the activity of growing wood for the wood and wood pulp products.

b.

Equipment sheds for storage of machinery used in cultivation and harvesting, and fire towers, however equipment sheds shall not be used for maintenance or repair of cultivation equipment.

c.

Signs in accordance with and as permitted by article IX of this chapter.

(4)

Off-street parking. Off-street parking spaces shall be in accordance with sections 34-301 through 34-304 as applicable.

(Ord. No. 5-92, § 3.29, 8-25-92)

The area, yard, height and size requirements shall be as follows:

Notes on Section 34-247, Area, Yard, Height and Size Requirements

¹ Expressed as units per acre, impervious surface ratio (I.S.R.) or floor area ratio (F.A.R.).

² Minimum side yard shall be 30 feet where a single side yard is used for zero lot line development.

³ Minimum living area per residential dwelling unit.

⁴ All requirements relative to minimum front, side, and rear yards shall be the same as required in the residential district to which the front, side, and rear property in a C-1, C-1-A, C-2, C-2-A, T, U, P1, I-2, or I district adjoins or lies directly across a street or alley from; no front, side or rear yards shall be required on a side of such property adjacent to a nonresidential district. (See subsection 34-354(4))

⁵ All buildings in excess of 45 feet shall receive the written approval of the chief of the town fire department. Within 150 feet of any residential district no building shall exceed the maximum height requirements of that residential district.

⁶ Any lot of record existing at the time of the adoption of the ordinance from which this chapter is derived shall be deemed to be of sufficient size to remain as a building lot, regardless of whether one owner owns adjoining lots or not.

⁷ On pre-existing nonconforming lots of record, the minimum side yard setback shall be ten percent of the width of the actual width of the lot, provided that the minimum yard setback shall be seven feet, provided that, on lots with nonparallel sides that fall in this category, the setback shall be determined based upon the average width of the lot in the area of the proposed construction.

⁸ The minimum setback for permissible accessory buildings in rear and side yards shall be no less than ten feet.

⁹ Yard dimensions shall be maintained for movable items for sale, rent or lease in commercial districts (e.g., auto, recreational vehicle, and manufactured housing sales).

¹⁰ For new homes being built outside "A" flood zones, as mapped on the FEMA flood insurance rate maps, finished floor elevations will be required to be at least 12 inches above the elevationof the crown of the adjacent roadway at the time of permitting. Properties within the "A" flood zones, as mapped will continue to be permitted under the provisions of article VII, flood damage prevention.

¹¹ Minimum side yard setback distances from the interior lot lines within planned industrial subdivisions (industrial parks) shall be established on the approved conceptual site plan.

(Ord. No. 5-92, § 3.30, 8-25-92; Ord. No. 5-94, 3-29-94; Ord. No. 4-95, 8-8-95; Ord. No. 04-00, § 2, 1-25-00; Ord. No. 04-05, § 1(Att. A), 4-12-05; Ord. No. 02-10, § 1(Att. A), 3-11-10)

In the case of a planned shopping center development, where it is impracticable to apply the requirements of this article to the individual buildings, upon the advice and written findings of the planning commission in a preliminary development order, the commission may apply such requirements in such a manner that the development further the implementation of desirable design principles and development patterns in accordance with the design requirements of this chapter and the adopted comprehensive plan, subject to the following provisions:

(1)

Application for development. The application to the planning commission seeking a preliminary development order for the above must be accompanied by an overall development plan showing the locations of the proposed structures, parking spaces, on-site traffic circulation, pedestrian ways, protected trees and planted areas, stormwater management system, potable water system, sanitary sewer system, solid waste storage, adjacent residential areas, and other open spaces with such other pertinent information as may be necessary to a determination that the contemplated arrangement or use makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this article.

(2)

Design and control of the shopping center. The shopping center must be designed as a unit of limited size and controlled by more restrictive area regulations than ordinarily would result from reclassification of the area to a commercial district, C-1 classification.

(3)

Permitted uses. The permitted uses shall be the same as those for a commercial district, C-1.

(4)

Effect on adjacent areas. The development shall not adversely effect abutting areas through the emission of noise, odor, dust, glare or fumes, or through uncontrolled surface drainage, and shall be required to buffer neighboring uses from such nuisances.

(Ord. No. 5-92, § 3.36, 8-25-92)

Planned industrial districts may be approved by amendment to this article and the comprehensive plan. Conceptual site plans must be submitted at the time of zoning application and are subject to the approval of the town commission. Planned industrial district plans must provide that abutting residential properties will be protected from drainage of surface water, noise, odor, glare, dust, and fumes or other objectionable conditions; that provision is made for adequate vehicular and pedestrian access and circulation so as not to present problems of safety on the site or unduly impede normal traffic movement on adjacent streets; that requirements for parking as provided in this article are met. Further, no building, or structure within 50 feet of any lot line of a lot located in a residence district shall be used in connection with the operations of any establishment. Off-street parking and off-street loading space may be located within this setback area in accordance with regulations on parking in this article, except for parcels which meet the streetscape requirement of section 34-277. Buffering requirements listed in section 34-354 shall provide specific requirements for protection of residential areas.

Within a planned industrial I-2 district, as shown on the town zoning map, the following provisions shall apply:

(1)

Intent. The I-2 district is established to provide opportunities for the future development of industrial subdivisions and business parks. The I-2 district shall also allow for single lot development that meets the requirements as set forth herein: Planned industrial projects are required to implement of energy reduction strategies, including, but not be limited to: Energy-efficient appliances; energy-efficient windows, doors, and skylights; low solar-absorption roofs, also known as "cool roofs"; enhanced ceiling and wall insulation; reduced-leak duct systems; programmable thermostats; and energy-efficient lighting systems.

(2)

General use criteria. The principal uses permitted in any I-2 district shall be limited, in general, to the uses permitted in the I district and, in addition, planned industrial parks may contain a mix of compatible heavy commercial, (non-retail) uses if oriented to meet the objectives listed above in a master planned setting.

(3)

Uses permitted. The following uses are permitted in the planned industrial district, I-2:

a.

All uses permitted in an I district subject to I use requirements.

b.

Heavy commercial (non-retail) uses.

(2)

Uses permitted by special exception only. All uses permitted by special exception in a I district subject to I use requirements.

(3)

Uses prohibited. All uses prohibited in the I district.

(4)

Off-street parking. Off-street parking spaces shall be in accordance with sections 34-301 through 34-304 as applicable.

(5)

Storage yards. All outdoor storage areas containing materials that are not on display for sales purposes must be buffered from view from residential districts.

(Ord. No. 5-92, § 3.37, 8-25-92; Ord. No. 02-10, § 1(Att. A), 3-11-10)

Editor's note— Ord. No. 02-10, § 1(Att. A), adopted Mar. 11, 2010, changed the title of § 34-249 from "Planned industrial districts" to "Use requirements for a planned industrial district I-2." This historical notation has been preserved for reference purposes.

Within a commercial C-1-A district, as shown on the zoning map of the town, the following shall apply:

(1)

Uses permitted. The following uses are permitted in the C-1-A neighborhood commercial district: All uses permitted in a C-1 district subject to C-1 use requirements.

(2)

Uses permitted by special exception only. All uses permitted by special exception in a C-1 district subject to C-1 use requirements.

(3)

Off-street parking. Off-street parking spaces shall be in accordance with sections 34-301 through 34-304 as applicable.

(4)

Storage yards. All outdoor storage areas containing materials that are not on display for sales purposes must be buffered from view from the public right-of-way.

(Ord. No. 02-10, § 1(Att. A), 3-11-10)

Editor's note— Ord. No. 02-10, §§ 1, 2(Att. A), adopted Mar. 11, 2010, set out provisions intended for use as §§ 34-251 and 34-252. For purposes of maintaining sequential numbering, and at the editor's discretion, these provisions have been included as §§ 34-250 and 34-251.

Within a commercial C-2-A district, as shown on the zoning map of the town, the following use provisions shall apply:

(1)

Uses permitted. The following uses are permitted in the C-2-A commercial district: All uses permitted in a C-2 district subject to C-2 use requirements.

(2)

Uses permitted by special exception only. All uses permitted by special exception in a C-2 district subject to C-2 use requirements.

(3)

Off-street parking. Off-street parking spaces shall be in accordance with sections 34-301 through 34-304 as applicable.

(4)

Storage yards. All outdoor storage areas containing materials that are not on display for sales purposes must be buffered from view from the public right-of-way.

(Ord. No. 02-10, § 1(Att. A), 3-11-10)

Editor's note— See § 34-250 note.

Within a mixed use development district, the following provisions shall apply:

(1)

Intent. The purpose of this district is to permit planned developments, which are intended to:

a.

Encourage the planned mixed use development of land;

b.

Encourage flexible and creative concepts of site planning;

c.

Preserve the natural amenities of the land by encouraging scenic and functional open areas;

d.

Accomplish a more desirable environment than would be possible through strict application of the minimum requirements of these land development regulations;

e.

Provide for an efficient use of land resulting in smaller networks of utilities and streets and thereby lowering development and housing costs; and

f.

Provide a stable environmental character compatible with surrounding areas.

(2)

General use criteria. The principal uses in an MXD district will generally adhere to the development standards for the R-2 and C-1-A districts. Density and intensity shall be limited to floor area ratio of 0.60 and impervious surface area ratio of 0.70 with residential density no greater than five dwelling units per acre. Minimum lot size for a mixed use development is 0.5 acre. Setback requirements may be relaxed based on specific findings of the town commission. Buffering requirements related to surrounding properties shall be maintained at C-1-A standards. All structures within a MXD are required to comply with the town's architectural design standards.

(3)

Uses permitted. The following uses are permitted in the MXD district in intensities and arrangements subject to findings determining internal and external compatibility:

a.

Residential dwellings including conventional single-family dwellings, duplex dwellings, and multiple family dwellings.

b.

Retail sales, including, but not limited to, food, beverages, wearing apparel, toys, bait and tackle shops, sundries and notions, books and stationery, leather goods and luggage, jewelry, art, cameras and photographic supplies, sports and hobby supplies and equipment, musical instruments, television and radio equipment, flowers and plants, gifts, drugs, home furnishings, appliances, office equipment, antiques, hardware and farm supplies, auto parts (new and used), pet shops and dog grooming establishments.

c.

Restaurants with a maximum of 20 percent of the square footage of the licensed facility dedicated to alcohol sales.

d.

Personal service establishments, including, but not limited to, barbershops, beauty parlors, steam baths, exercise or reducing salons, licensed masseurs and masseuses, watch and clock repair, printing and copying, funeral homes, locksmith, title companies, video rentals.

e.

Commercial banks, savings and loan, credit units, loan companies and other financial services.

f.

Professional and business offices, including, but not limited to, real estate offices, attorneys' offices, architects, engineers.

g.

Parking lots, provided they shall be paved so as to provide a durable and dustless surface and shall be graded and drained so as to dispose of and treat for removal of pollutants all surface water accumulation within the area in accordance with the level of service standards in the town's adopted comprehensive plan and design standards of the town's land development regulations. Lights used to illuminate the parking area will be so arranged so as to reflect away from any adjacent premises. Where a parking lot or driveway thereto adjoins property in a residence district, such parking lot or driveway shall be separated from such property by a buffer as provided for in article V, the landscape and buffer portion of this chapter. (See sections 34-301 through 34-306 for parking space requirements.)

h.

Newspaper offices, printing establishments.

i.

Signs in accordance with and as permitted by the sign regulations in article IX of this chapter.

j.

Clubs, lodges and fraternal organizations.

k.

Nursery schools, day care centers, or kindergartens, provided the following exist:

1.

There shall be at least 75 square feet of outdoor play area available for each child enrolled;

2.

The entire property must be fenced to protect the children from the possible hazards of adjacent commercial uses;

3.

The property must not be within 500 feet of an existing and operating establishment licensed for the sale of alcoholic beverages;

4.

That, in addition to the parking requirements of sections 34-301 through 34-404, as applicable, the property must provide an off-street area for loading and unloading of children so as to protect them from traffic on any street.

l.

Desirable low impact/high value enterprises, such as:

1.

Software development.

2.

Customer service call centers.

3.

Internet service providers.

4.

Technology research and development.

5.

Ecotourist-guided/self-guided: birding, kayaking, canoeing, history.

6.

Marine science center: fisheries management, habitat management.

m.

Laundromat and retail laundry (no dry cleaning on site).

n.

Boarding house and bed and breakfast.

o.

Auto and/or boat sales, provided all repair and servicing shall be done within an enclosed building that is enclosed on at least three sides; provided further, that if the building is located within 50 feet of a lot in a residence zone with no intervening street, the wall of the building nearest such zone shall have no openings other than doors or stationary windows, and such doors shall be permitted only if the building is adjacent to any alleys and they may be opened only at intervals necessary for ingress or egress.

p.

Restaurants/bars, including those dedicating more than 20 percent of the square footage of the licensed facility to alcohol sales.

q.

Motel/hotel.

r.

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

s.

Public buildings and facilities (including churches and schools).

(4)

Storage yards. All outdoor storage areas containing materials that are not on display for sales purposes must be buffered from view from the public right-of-way.

(5)

Procedure for approval of a mixed use development. The procedure for obtaining a change in zoning for the purpose of undertaking a mixed use development shall be as follows:

a.

Mixed use development zoning and preliminary mixed use development plan approval. Following a preapplication conference that meets the requirements of subsection 34-35(a), the applicant shall submit to the land use officer, nine copies of a request for change to a mixed use development (MXD) zoning district that complies with the data requirements of subsection 34-40(d) for submission of a preliminary development plan. And in addition, submission of the following information:

1.

A statement of objectives describing:

i.

The general purpose of the proposed development; and

ii.

The general character of the proposed development.

2.

A vicinity map showing the location of the proposed mixed use development in relation to:

i.

Surrounding streets and thoroughfares;

ii.

Existing zoning on the site and surrounding areas; and

iii.

Existing land use on the site and surrounding areas.

The vicinity map shall be drawn at a scale to show an area of no less than 1,000 feet surrounding the property. A greater area may be required if the planning commission determines information relating a larger vicinity is needed.

3.

A table showing acreage for each category of land use.

4.

A statement concerning gross density and net residential acreage.

5.

A statement concerning proposed floor area ratios (percent of lot in relation to building floor area) and the total impervious surface area coverage expressed as a percent of the total site area.

6.

A preliminary mixed use development plan drawn at a scale suitable for presentation showing:

i.

Proposed land uses;

ii.

Lot sizes indicated either by lot lines drawn in their proposed location or a statement on the face of the preliminary development plan concerning proposed lot sizes, including minimum lot sizes; and

iii.

Building setbacks defining the distance buildings will be set back from:

A.

Surrounding property lines;

B.

Proposed and existing streets;

C.

Other proposed buildings;

D.

The center line of streams and creeks;

E.

The high water line of water bodies; and

F.

Other manmade or natural features which would be affected by building encroachment.

iv.

Maximum height of buildings;

v.

Common open spaces;

vi.

A statement indicating the type of legal instruments that will be created to provide for the management of common areas and any private roads.

b.

Processing the mixed use development zoning application and preliminary mixed use development plan submittals. When the land use officer has received the application and submittals, and is satisfied that the application and submittals are complete, the application shall be processed as follows and in accordance with the provisions of these land development regulations. In addition, the land use officer is encouraged to assemble comments from town development review committee for inclusion in the planning commission proceedings.

1.

The planning commission shall hold a public hearing on the request for a zoning map amendment including the preliminary MXD plan and make recommendations to the town commission.

2.

The town commission's action upon an ordinance shall be one of the following:

i.

Approval as submitted.

ii.

Conditional approval related to plan characteristics.

iii.

Disapproval.

c.

Final mixed use development plan. If the preliminary mixed use development plan is approved, the applicant shall submit a final mixed use development plan covering all conditions of approval for preliminary mixed use development plan within 12 months to the land use officer. Thirty days prior to any lapse date, the land use officer shall notify the town commission and the applicant of such date. Such notice to the applicant shall be mailed via certified mail, return receipt requested. If a final mixed use development plan is not submitted within this 12-month period or an additional 12-month period granted by the town commission, the land use officer shall require a new development plan to be submitted and approved through the MXD review process. The town commission may extend this lapse date for a period not to exceed an additional 12 months, provided the request for extension is made in writing to the land use officer by the applicant prior to the expiration of the initial approval period.

d.

The final mixed use development plan shall include the requirements of subsection 34-40(e) for a final development plan. And in addition:

1.

An approved and recorded final plat or condominium association recordation if any lands are to be sold within the development.

2.

Location and size and maintenance agreements of common open spaces and public or semi-public areas.

3.

The proposed location of central sewer connection facilities and commitment to connect to a central sewer system when available.

4.

A landscaping plan showing:

i.

Landscaped areas;

ii.

Location, height, and material for walks, fences, walkways, and other manmade landscape features; and

iii.

Area of land devoted to landscaping and/or common open space usable for recreation purposes expressed as a percent of the total site area; and any special landscape features such as, but not limited to, manmade lakes, land sculpture, and drainage ways.

5.

The substance of covenants, grants, easements, or other restrictions to be imposed on the use of the land, buildings, and structures, including proposed easements for public and private utilities and drainage. All legal documents, including homeowners' associations and deed restrictions, if required by the town commission, may be reviewed by the town attorney before final approval of the plan in which case the town shall extend legal review fees to the applicant.

(6)

Streamlining the development review process. If a final mixed use development plan is submitted, within two years of town commission approval, as an application for development order review under section 34-35 the project is exempted from concept review subsection 34-35(b), and preliminary development plan review subsection 34-35(c) and may proceed directly to final development plan review subsection 34-35(d), but is required to participate in a preapplication conference subsection 34-35(a).

(7)

Issuance of building permits. No building permit shall be issued for any portion of a proposed mixed use development until the final mixed use development plan has been approved and a final development order issued.

(8)

Revision of a mixed use development. A proposed substantial change in the approved preliminary or final mixed use development plan which affects the intent and character of the development, the density or land use patterns, proposed buffers, the location or dimensions of arterial or collector streets, or similar substantial changes, shall be reviewed by the planning commission and the town commission in the same manner as the initial application. A request for a revision of the preliminary mixed use development plan shall be supported by a written statement and by revised plans demonstrating the reasons the revisions are necessary or desirable. All revisions to the approved preliminary mixed use development plan shall only be approved if they are consistent with the original purpose, intent, overall design, and integrity of the approved mixed use development plan.

Minor changes, and/or deviations from the mixed use development plan which do not affect the intent or character of the development shall be reviewed by the land use officer and shall be approved administratively only if they are consistent with the original purpose, intent and overall design and integrity of the approved preliminary MXD plan. Upon approval of the revision, the applicant shall make revisions to the plans and submittals and file the revised plans with the land use officer within 30 days.

Examples of substantial changes:

a.

Perimeter changes.

b.

Major street relocation.

c.

Change in architectural style, density, land use patterns, or buffers.

Examples of minor changes:

a.

Change in alignment, location, or length of minor streets or parking facilities.

b.

Adjustments or shifts in dwelling unit mixes, not resulting in increased entitlements.

c.

Reorientation or slight shifts in building locations.

(9)

Mixed use development time limitations. If substantial development or development permit activity, as determined by the land use officer, has not begun within two years after approval of the final development plan, the approval of the mixed use development plan will lapse. Thirty days prior to any lapse date, the land use officer shall notify the town commission and the applicant of such date. Such notice to the applicant shall be mailed via certified mail, return receipt requested. The town commission may extend the period for beginning development activity, at the request of the applicant for a period not to exceed an additional two years, provided the request for extension is made in writing to the land use officer prior to the expiration of the initial approval period. If the mixed use development plan lapses under this provision, the land use officer shall rescind approval the final mixed use development plan. Subsequently, any developer of the property must resubmit a proposed mixed use development plan for planning commission recommendation and town commission approval.

(10)

Deviation from the final development plan. Any unapproved deviation from the accepted final mixed use development plan shall constitute a breach of agreement between the applicant and the town commission. Such deviation may cause the town to immediately revoke the final mixed use development plan until such time as the deviations are corrected or become a part of the accepted final development plan.

(11)

Development standards for mixed use developments.

a.

Conformance with the comprehensive plan. Densities for mixed use developments shall be based upon and be consistent with the comprehensive plan. No final development plan may be approved unless it is in conformance with the comprehensive plan.

b.

Relationship to zoning district. An approved mixed use development is a separate zoning district in which the final MXD plan, as approved, establishes the restrictions and regulations according to which the development shall occur. Upon approval, the official zoning map shall be changed to indicate the area as a mixed use development (MXD).

c.

Residential density and housing types. Any combination of residential density and housing types is permitted for a mixed use development, as long as the overall gross density does not exceed the prescribed total number of dwelling units of the comprehensive plan land use classification. All structures within a MXD are required to comply with the town's architectural design standards.

d.

Dimensional and bulk restriction. The location of all proposed building sites shall be shown on the final MXD plan subject to minimum lot sizes, setback lines, lot coverage and floor area specified by the mixed use development plan as approved by the town commission.

e.

Internal compatibility. All land uses proposed within a mixed use development shall be compatible with other proposed uses; that is, uses shall be able to coexist in relative proximity to other uses in a stable fashion over time such that no other uses are unduly, negatively impacted, directly or indirectly by such uses. Residential and commercial uses within the same building shall have clearly separated floor plans.

f.

An evaluation of the internal compatibility and internal connectivity of a mixed use development shall be based on the following factors:

1.

The location and arrangement of common open spaces and recreational areas;

2.

The use of existing and proposed landscaping;

3.

The treatment and connectivity of pedestrian ways;

4.

The contextual use of topography, physical environment, and other natural features;

5.

The traffic and pedestrian circulation pattern;

6.

The use and variety of building setback lines, separations and buffering;

7.

The use and variety of building groupings;

8.

The use and variety of building sizes;

9.

The separation and buffering of parking areas and sections of parking area;

10.

The variety and design of dwelling types;

11.

The proposed land uses and the conditions and limitations thereon;

12.

The form of ownership proposed for various uses; and

13.

Any other factor deemed relevant to the privacy, safety, preservation, protection, or welfare of any proposed use within the mixed use development.

g.

External compatibility. All land uses proposed within a mixed use development shall be compatible with existing uses of properties surrounding the mixed use development; that is, internal uses shall be able to coexist in relative proximity to existing surrounding uses in a stable fashion over time such that neither internal nor surrounding uses are unduly, negatively impacted, directly or indirectly by such uses. An evaluation of the external compatibility of a mixed use development should be based on the following factors:

1.

All of these factors listed in this section, with particular attention to those areas of the mixed use development located on or near its perimeter;

2.

The uses proposed near the mixed use development perimeter and the conditions and limitations thereon;

3.

The type, number, and location of surrounding external uses;

4.

The comprehensive plan designation and zoning on surrounding lands; and

5.

Any other factor deemed relevant to the privacy, safety, preservation, protection, or welfare of lands surrounding the mixed use development and any existing use of such lands.

h.

Intensity of development. The residential density and intensity of use of a mixed use development may be incorporated at the gross density of the property if the commercial and residential uses are incorporated together within common building footprint or building grouping with internal, pedestrian connectivity. Connectivity of residential and commercial components can be established through common landscaped open space such as a community plaza. Where residential and commercial use areas are clearly separated in the mixed use development plan, residential density shall be limited to the net residential density of the residential portion of the project. All combined commercial and residential development shall be limited by maximum floor area ratio and impervious surface area ratios.

i.

Open space. Where residential density is calculated at net density, at least ten percent of the area covered by a final development plan shall be usable, open space. Where residential density is calculated at gross density (total acreage of the project) the open space requirement shall be 15 percent of the final development plan. Open space areas shall be owned, operated and maintained by the applicant or dedicated to a homeowner association or similar group.

In establishing the arrangement of residential density or amount of open space, the town commission may increase the required amount of screening or buffering in specific areas to ensure compatibility with adjacent neighborhoods in order to carry out the intent and purpose set forth in this section. Not more than one-half of the total open space area may be in a buffer area, retention pond and/or water bodies. Fenced retention/detention ponds do not count as open space.

j.

Special provisions. The location of any structure (except permitted docks, walkways and piers) shall be set back a minimum of 30 feet from wetlands.

The location of any structure (except permitted docks, walkways and piers) shall be set back a minimum of 30 feet from perennial streams and creeks.

1.

Access and parking. All streets, thoroughfares, and accessways shall be designed to relate to the traffic circulation plans of the area. Adequate off-street parking and parking related landscaping shall meet the requirements specified for the uses found in these land development regulations.

2.

External transportation access. A mixed use development shall provide direct, primary access to, US Hwy 19 or SR 40. Secondary access and multi-modal access may be provided to local streets where it is found to be compatible and it will not adversely affect the traffic on adjoining local streets.

3.

Internal transportation access. Every dwelling unit or other use permitted in a mixed use development shall have access to a public street either directly or by way of a private road. Permitted uses are not required to front on a dedicated public road. Private roads shall be constructed according to town specifications as found in division 3 of article III, subdivisions. If the mixed use development contains private roads, such private roads shall be owned and maintained by the applicant/developer or dedicated to a homeowners' association or similar group.

4.

Perimeter requirements. Structures, buildings and streets located at the perimeter of the development shall be separated by a landscaped buffer corresponding to C-1-A standards.

5.

Control of area following completion. After completion of a mixed use development, the use of the land and/or modification or alteration of any buildings or structures within the area covered by the final development plan shall continue to be regulated in accordance with the approved final development plan except as otherwise provided for herein.

(Ord. No. 02-14, Att. A, 2-10-14)

Except as hereinafter provided, no building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located, nor shall any final development order or development permit be issued if a proposed use is not in conformity with these regulations.

(Ord. No. 5-92, § 3.7, 8-25-92)

No building or other structure shall hereafter be erected or altered to:

(1)

Exceed the height limits;

(2)

Accommodate or house a greater number of families or occupy a smaller lot area per family;

(3)

Occupy a greater percentage of lot area;

(4)

Have narrower or smaller rear yards, front yards, side yards, or other open spaces, than herein required, or in any other manner contrary to the provisions of this article, except for planned zero lot line, or clustered buildings with an amount of communal open space equivalent to the sum of yard space if the minimum yard requirements were met for each individual building or structure.

(Ord. No. 5-92, § 3.8, 8-25-92)

No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this article shall be included as a part of a yard, open space, or off-street parking or loading space similarly required for any other building, except where communal yard or open space is used as specified for zero-lot line or clustered dwellings as specified in section 34-272.

(Ord. No. 5-92, § 3.9, 8-25-92)

Every building or structure hereafter erected shall be located on a lot or tract as defined herein. In no case shall there be more than one principal building on one lot, plus its accessory building(s), on any residential lot.

(Ord. No. 5-92, § 3.10, 8-25-92)

No lot, even though it may consist of one or more adjacent lots of record, shall be reduced so that the lot width or depth, front, side or rear yard, lot area per family or other requirements of this article are not maintained. This section shall not apply when a portion of a lot is acquired for public purposes.

(Ord. No. 5-92, § 3.11, 8-25-92)

Curb cuts shall be of the minimum necessary to provide safe ingress and egress from a lot and located as far from intersections as possible. Curb cuts onto U.S 19/98-S.R. 55 shall be spaced according to F.A.C. 14-96 and 14-97. For curb cuts not regulated by F.A.C. 14-96 and 14-97, the following standards shall be applied:

(Ord. No. 5-92, § 3.12, 8-25-92)

In C-1, C-2, and I districts that abut U.S. 19/98-S.R.55 north of C.R. 40, and on the north side of C.R. 40 between Michigan Drive and Hammock Road shall have buildings located in such a way as to provide a streetscape that specifically is a progression from the highway right-of-way as follows:

(1)

The first ten-foot depth of the parcel from side lot line to side lot line shall be used for stormwater runoff.

(2)

The second 40-foot depth of the parcel parallel to the stormwater runoff area, from side lot line to side lot line, shall be constructed as a frontage road with traffic in two directions and a parallel parking lane for each direction of the road.

(3)

The third five-foot depth of the parcel parallel to the frontage road from side lot line to side lot line shall be a parkway of sodded grass and shade trees planted in a line at 35-foot intervals along the length of the parkway from side lot line to side lot line. The side of the parkway abutting the frontage road shall include a curb and gutter to direct stormwater runoff to treatment areas.

(4)

The fourth five-foot depth of the parcel parallel to the treed parkway from side lot line to side lot line shall be a sidewalk.

(5)

Abutting the sidewalk shall be the front facade of the building on the parcel.

(6)

A minimum setback of 30 feet from the right-of-way shall be maintained on any arterial road in order to provide for consideration of a future frontage road under the provisions of F.S. ch. 337.

(Ord. No. 5-92, § 3.13, 8-25-92; Ord. No. 04-00, § 1, 1-25-00)

(a)

Nonconforming uses. Any use of land existing at the time of the enactment or subsequent amendment of this article, but not in conformity with its use regulations and provisions, or uses depicted on the future land use map of the adopted comprehensive plan may be continued with the following limitations. They shall not be:

(1)

Changed to another nonconforming use.

(2)

Extended or enlarged, except in conformity with this article. Residential nonconforming uses may be expanded or enlarged to add no more than 50 percent of their assessed value, per Levy County tax records, without also bringing the structure and use into conformance with all other provisions of this article.

(3)

Reestablished after discontinuance of one year.

(4)

Rebuilt, altered, or repaired after damage exceeding 50 percent of the assessed value, per Levy County tax records, of the building or structure immediately prior to damage, or replacement with another nonconforming building of a similar nature.

(b)

Nonconforming structures. Nonconforming structures may only be enlarged or expanded to add no more than 50 percent of their assessed value, per Levy County tax records, without also bringing the structure into conformance with all other provisions of this article.

(1)

Any expansion or enlargement of a nonconforming structure, regardless of size, shall not be done in a manner as to increase the degree of nonconformance.

(2)

Nonconforming structures shall not be rebuilt, altered, or repaired after damage exceeding 50 percent of the assessed value, per Levy County tax records, of the building or structure immediately prior to damage without also bringing the structure into conformance with all other provisions of this article.

(Ord. No. 5-92, § 3.14.1, 8-25-92; Ord. No. 03-02, § 2, 9-9-02; Ord. No. 02-03, § 1, 2-11-03; Ord. No. 07-11, § 1, 10-11-11)

All nonconforming uses of land shall be discontinued or otherwise made to conform with the use provisions of this article.

(Ord. No. 5-92, § 3.14.2, 8-25-92; Ord. No. 03-02, § 2, 9-9-02; Ord. No. 02-03, § 1, 2-11-03; Ord. No. 07-11, § 1, 10-11-11)

Where the owner of a plot of land consisting of one or more adjacent lots of record at the time of enactment of this article or his successor in title thereto does not own sufficient land to enable him to meet minimum lot size requirements of this article, such plot of land may nevertheless be used as a building site unless the lot(s) when created did not meet the minimum lot size regulations in effect at the time of its creation. Yard and other space requirements for the district in which the lot is located must be met, unless a variance is granted in accordance with the provisions of articles II and XII of this chapter.

(Ord. No. 5-92, § 3.31, 8-25-92)

The front yard setback requirements of this article for proposed dwellings shall not apply to any lot where the average setback on developed lots, located wholly or in part within 100 feet on each side of such lot and within the same block and zoning district and fronting on the same street as such lot, is less than the minimum required setback. In such cases, the setback on such lots may not be less than the average of the existing front yard setbacks on the adjoining developed lots.

(Ord. No. 5-92, § 3.32, 8-25-92)

The height limits of this article shall not apply to church spires, belfries, monuments, transmission towers, water towers, derricks, chimneys, cooling towers, fire towers and other structures not intended for human occupancy. These exceptions shall not apply in an airport flight zone.

(Ord. No. 5-92, § 3.33, 8-25-92)

In all districts no fence, wall, shrubbery, sign, marquee, or other obstruction to vision, except utility poles, shall be permitted within 20 feet of the intersection of the right-of-way lines of two streets or railroads, or of a street intersection with a railroad right-of-way line.

(Ord. No. 5-92, § 3.34, 8-25-92)

In the case of group housing projects of two or more buildings to be constructed on a plot of ground having an area of not less than four acres, not subdivided into the customary streets and lots, and which will not be subdivided, or where the existing or contemplated street and lot layout make it impracticable to apply the requirements of this article to the individual building units in such group housing projects, the application of the terms of this article may be varied by the planning commission, as written findings of a preliminary development order, with specifications that further the implementation of desirable design principles and development patterns in accordance with the design requirements of the town's land development regulations and adopted comprehensive plan, and will ensure substantially the same character of occupancy and density and intensity of land use no higher than, and a standard of open space, landscaping and tree protection, stormwater management utility, potable water, sanitary sewer, and other public facilities no lower than, that permitted by the accepted comprehensive plan and this chapter in the district in which the proposed project is to be located. However, in no case shall a use prohibited in the district in which the project is to be located or a smaller lot area per dwelling unit than the minimum required in such district be authorized, except for zero-lot line and clustered dwelling developments as specified in sections 34-247 and 34-272.

(Ord. No. 5-92, § 3.35, 8-25-92)

(a)

A temporary or portable structure may be erected only in connection with the erection of a permanent building, street, utility, or other structure. A permit for the erection of any temporary structure shall be obtained from the town clerk after posting of sufficient bond to ensure removal of same within two weeks after issuance of the certificate of occupancy on the permanent structure. A temporary or portable structure may be used for a temporary construction office and for the housing of tools, equipment and materials.

(b)

Subdivision sales offices may be erected only after approval by the planning commission, subject to such conditions, such as posting of sufficient bond to ensure removal or by other means as may be determined by the planning commission to be necessary to ensure termination of the use after a reasonable period by removal or conversion to a conforming use.

(c)

No trailers for dwelling, storage, or business shall be parked in any district, except upon approval by the planning commission in connection with a permanent building or construction project. Such approval shall be for a period of time not to exceed one year, renewable for periods of six months, stating the use for which approved.

(d)

No building shall be moved into and placed within the town limits except such buildings that conform to the standards for new construction for dimensions, use and placement upon the lot, and requirements of this chapter and other town ordinances.

(Ord. No. 5-92, § 3.38, 8-25-92)

The purpose of this section is to provide design standards applicable to all commercial development activity within the town. For the purposes of the applicability of design regulations, "commercial" shall also refer to churches, schools, or government facilities. However, in order to create a more harmonious built environment, all development, including residential, should use the following standards as guidelines for community compatibility.

(1)

No commercial building or other structure shall be constructed, installed, erected, or altered except in compliance with the site design and development standards set forth in this LDC.

(2)

Where an overlay district applies to a site, the standards for that district shall apply in addition to the standards of the underlying zoning district.

(3)

In addition to standards for all development within a zoning district, supplemental standards for specific uses are set forth in the Town of Inglis Land Development Code and Code of Ordinances. Such supplemental standards shall apply in addition to the standards of the zoning district and overlay district, if applicable, in which the development is located.

(4)

Where conflict arises between standards required in a zoning district, in an overlay district, by supplemental standards, or by other legally binding document, the following rules shall be used in the application of standards:

a.

Where an unexpired town-approved development order or unexpired town-approved development agreement issued prior to the effective date of this LDC, court order, or other legally binding document which authorizes development applies to the site, the standards in the legally binding document shall apply.

b.

In all other situations, the stricter standard shall apply.

(Ord. No. 01-06, § 1b., 4-11-06)

Development design shall first take into account the protection of natural resources and existing vegetation as set forth in article V. All development shall be designed to avoid unnecessary impervious surface cover; to provide adequate access to lots and sites; and to avoid adverse effects of shadow, glare, noise, odor, traffic, drainage, and utilities on surrounding properties.

(1)

It is the objective of the town commission and planning commission to foster the further development of the Town of Inglis in a style consistent with the historical nature of the community as it was in the period from 1900 to 1940. The historical nature of the town is best described as a small, southern, coastal community of relatively modest means, centered upon its own natural resources including fishing and lumber mill industries, as well as the surrounding cattle and phosphate mining industries. At that period of time the region was rural and agrarian in nature. Inglis served as a place of trade and social interaction for the fishermen, miners, sailors, lumbermen, farmers and their families living in the outlying areas and was a point of embarkation from the Port of Inglis.

a.

While the architecture of the area is somewhat eclectic in nature, the dominant forms of residential architecture observed from that period are Southern Vernacular ("Cracker"), Craftsman, Bungalow, and to a lesser extent Spanish Revival. Some of the more affluent homes of that period were constructed in the Carpenter Gothic style with Queen Anne and Victorian influences typical of the period. From observation of remaining structures of the period and photographic records it is seen that the primary form of residential construction was wood frame using either natural wood finishes or monochromatic color schemes centering around the white, gray and beige/tan color ranges. Roofing materials ranged from 5-v-crimp "tin" metal panels to rolled roofing and tarpaper and on some residential structures asphaltic shingles.

b.

The extant commercial structures from this time were constructed of masonry block, native stone and brick sometimes with frame porches. Many of the early, original commercial buildings have been destroyed and there are limited photographic records of these structures.

c.

The overall theme of the area is, as stated above, a small southern coastal community of relatively modest means but rich in the local history of a town which has historically derived its existence as a port community and from its surrounding natural resources.

(2)

All new commercial development within the Town of Inglis shall comply with the following basic architectural elements. Compliance with the basic architectural elements of the town may be waived by the planning commission if the applicant can demonstrate to the planning commission that the proposed development activity is consistent with one of the preferred alternative styles.

a.

The roofline must have a pitch or slope of no less than five feet of rise to 12 feet of span and a pitch or slope no greater that 12 feet of rise for every 12 feet of span.

b.

The roof overhang at the eaves and gables must be at least 12 inches as measured along the underside of the slant of the roof .

c.

A functional entry porch covering at least 50 percent of the horizontal length of the side of the building facing the road.

d.

At least 50 percent of the non-glass, face of all new commercial buildings shall consist of wood, stone or masonry materials. This requirement applies to all sides of a building fronting a public road. Alternative materials other than the above listed materials may be used to enhance the facade of commercial structures if it is demonstrated by the developer that said alternative materials were consistent with the architectural elements or standards of the town and approved by the planning commission during concept plan review and/or preliminary development plan review.

(3)

Alternative architectural styles may be developed in lieu of compliance with the town's basic architectural elements listed above in subsections 34-287(2)a., b. and c. To utilize an alternative architectural style, the applicant must demonstrate to the planning commission that the proposed development activity displays architectural elements consistent with one of the preferred alternative styles as shown in the Inglis Architectural Design Palette. When reviewing architectural design elements, the planning commission shall place particular attention to the front facade and entrance of a building as viewed from the right-of-way with lesser focus on areas of lower visibility. Proposed developments must incorporate primary architectural elements sufficient to establish an overall character consistent with one of the alternative preferred architectural styles listed below:

a.

The following architectural styles may be approved by the planning commission as an alternative preferred style.

1.

Southern Vernacular (Cracker-style);

2.

Craftsman (circa 1900—1940);

3.

Queen Anne - frame construction;

4.

Bungalow style (circa 1900—1940);

5.

Arts and Crafts style;

6.

Stick Victorian and Carpenter Gothic (Victorian) - frame construction; and

7.

Victorian - frame construction.

(4)

With authorization from the planning commission commercial buildings that are arranged and intended for planned, high density, downtown development patterns and which may include common wall construction, development may comply with one of the following architectural styles in lieu of the styles listed in subsection 34-287(3).

a.

The following architectural styles may be approved by the planning commission as an alternative preferred style:

1.

Prairie Style (circa 1900—1940's);

2.

Spanish Revival;

3.

Italianate (Victorian); and

4.

Mediterranean Revival.

(5)

In keeping with the objectives of fostering the further development of the town of Inglis in a style consistent with the historical nature of the community certain architectural styles are found to be inconsistent with the character of the community.

a.

The following architectural styles are prohibited for new commercial buildings and discouraged for use within the built environment:

1.

Art Deco;

2.

Art Nouveau (Gaudian);

3.

International Style (e.g.: Miesian, etc);

4.

Art Moderne;

5.

Romanesque (Richardsonian Romanesque);

6.

Usonian;

7.

Tudor;

8.

French Revival;

9.

Bauhaus;

10.

Beaux-Arts;

11.

Egyptian Revival;

12.

Moorish Revival;

13.

Federal;

14.

Greek Revival (Ante-bellum);

15.

Classical Revival; and

16.

Georgian.

(Ord. No. 01-06, § 1b., 4-11-06; Ord. No. 03-11, § 1(Att. A), 4-12-11)

Livestock means Inglis has no agricultural zoning districts. No farm animals or livestock are permitted within the Town of Inglis, except under the following conditions:

Horses may permitted, provided that the owner has at least one acre of dedicated pasture land for each horse.

The stable or other structure that houses the animal(s) must be set back at least 50 feet from the property line.

(Ord. No. 01-13, § 1(Att. A), 6-11-13)

In all residential zoning districts, recreational vehicles, and trailers shall conform to the following standards:

(1)

No recreational vehicle, or trailer shall be used for living, sleeping or housekeeping purposes on the premises, except that one recreational vehicle shall be allowed for occasional living purposes to accommodate visitors for a period of no longer than 14 days interval in a 60-day period for the same vehicle, except as provided in subsection (2) of this section.

(2)

The zoning officer may grant a temporary permit for up to 90 days in cases which include, but are not limited to living on-site while a home is being constructed or a replacement mobile home set up.

(Ord. No. 01-15, § 1(Att. A), 6-2-15)

Off-street automobile storage or parking space shall be provided on every lot on which any of the uses provided for in this article are hereafter established or where no space is available on the lot, space shall be provided on an adjacent or abutting lot and such space shall be provided with vehicular access to a street or alley and shall be equal in area to at least the minimum requirements for the specific use as set forth below. For the purpose of this section a parking or storage space shall not be less than 200 square feet (ten feet by 20 feet) excluding all driveways and entrances and exits.

(Ord. No. 5-92, § 3.15, 8-25-92)

The following space requirements shall apply for each use:

(1)

Single-family residence: Two spaces per principal building (dwelling unit) plus one space for each bedroom of an accessory apartment. Where possible off-street parking areas shall be located at the rear of the principal building, with access from an alley.

(2)

Multifamily residences: Two spaces per dwelling unit plus guest parking equal to no less than ten percent of the required number of spaces for dwelling units.

(3)

Foster homes, congregate living facilities: One per each staff member, volunteer and/or foster parent or caregiver.

(4)

Roominghouses and boardinghouses, tourist home, tourist courts, motels, hotels: One space for each or sleeping room or suite; plus one per employee, plus 0.2 per restaurant seat.

(5)

Manufactured housing parks: Two spaces for each manufactured home plus guest parking equal to no less than ten percent of the required number of spaces for dwelling units.

(6)

Restaurants, taverns, and other eating and drinking establishments: One space per 100 square feet of floor area including outdoor seating areas or one space per four occupants based on maximum occupancy, whichever is larger.

(7)

Private clubs or lodges: One space for each 50 square feet of total floor area in the auditorium, assembly hall and dining room in such building.

(8)

Churches, religious institutions and places of worship: One space for each four seats in the main auditorium.

(9)

Public and private educational facilities: Elementary—one space per classroom, plus the number of spaces required for places of public assembly where assembly halls are present; secondary—the same as for elementary, but in addition one space per ten students based on maximum student capacity.

(10)

Day-care centers: One space per employee, plus where assembly halls are present the number required for places of public assembly.

(11)

Stadiums and other places of public assembly: One space for each three seats in the building or structure, based on maximum seating capacity, or one space per 200 square feet, whichever is greater.

(12)

Hospitals or nursing homes: One space for each two beds intended for patients, excluding bassinets, and one space for each permanent employee and volunteer.

(13)

Retail sales stores: One space for each 300 square feet of retail floor space.

(14)

Drive-in retail business (including drive-through restaurants): Minimum of ten spaces, plus one for each 100 square feet of floor area.

(15)

Wholesale and general business and warehouses: One space for each employee based on maximum employment on a single shift, and one space for each truck to be stored or stopped simultaneously.

(16)

Filling stations, full- or self-service: Nine spaces for each grease rack or similar facility, plus one space for each gas pump.

(17)

Convenience stores: Five spaces for each 1,000 square feet of floor area.

(18)

Office and professional buildings: One space for each 200 square feet of office space.

(19)

Industries: One space for each employee at maximum employment on a single shift and one space for each vehicle to be stored or stopped simultaneously.

(20)

Bus terminals: Two spaces for each loading or unloading bay.

(21)

Auto sales and repair: One space for each employee at maximum employment on a single shift, plus two spaces for each 300 square feet of auto repair or sales spaces.

(22)

Utility offices: One space per each 200 square feet of floor area.

(23)

Recreation facilities (public and private): One space per 50 square feet of floor area and land area used for recreation.

(24)

Silviculture operations: One and one-half spaces per person regularly employed on the premises.

(25)

Flea markets and auctions: Four spaces per stall or rental table; outdoor auctions, one space per 200 square feet of arena area; indoor auctions, same as stadiums and other places of public assembly.

(Ord. No. 5-92, § 3.15.1, 8-25-92; Ord. No. 03-00, § 1, 1-25-00)

The required parking space for any number of separate uses may be combined in one lot but the required space assigned to one use may not be assigned to another use at the same time, except that one-half of the parking space required for churches, theaters, or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at nights or on Sundays.

(Ord. No. 5-92, § 3.15.2, 8-25-92)

Parking spaces as required by this section shall only be located on the parcel or lot, or on an abutting lot of the principal use.

(Ord. No. 5-92, § 3.15.3, 8-25-92)

Every building or structure used for business, trade or industry shall provide space as indicated herein for the loading and unloading of vehicles off the street or public alley. Such space shall have a minimum overhead clearance of 14 feet, and have access to a public alley or if there is not alley, to a public street.

(1)

Retail business: One space of 300 square feet for each 3,000 square feet of floor area.

(2)

Wholesale and industry: One space of 500 square feet for each 10,000 square feet of floor area.

(3)

Bus and truck terminals: Sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loading or unloading at the terminal at any one time.

(4)

Drive-through facilities: Each space shall be no smaller than 12 feet in width and 35 feet in length and the number of spaces shall be provided as follows:

a.

Restaurants: Standing (stacking) space for eight vehicles in each lane, plus an escape lane that serves all standing lanes.

b.

Banks: The number of standing spaces shall be provided in accordance with the number of drive-through lanes: one lane, eight spaces; two lanes, 12 spaces; three lanes, 18 spaces; four lanes, 23 spaces; and, each additional lane shall have two additional spaces, plus, an escape lane that serves all standing lanes.

c.

Other uses: Shall be provided with standing space in accordance with the requirements of the town engineer.

d.

All uses that have drive-through lanes shall equip those lanes with one or more escape lanes which shall allow any vehicle in a drive-through lane to leave the drive-through queue and return to the principal access road that serves the lot.

(Ord. No. 5-92, § 3.16, 8-25-92)

(a)

Projects abutting collector or arterial facilities shall provide sidewalks adjacent to the collector or arterial roadway, except where frontage road streetscapes are provided under section 34-277. Location of sidewalks shall be consistent with planned roadway improvements, and shall provide a logical connection between places of commerce, residences, schools and recreational land uses.

(b)

Where a proposed development includes improvements or new construction of collector or arterial facilities, facility design shall include provisions for sidewalks and bikeways within the right-of-way.

(c)

Residential projects adjacent to or in the immediate vicinity of an activity center which is characterized by a mix of commercial, office, service or recreation uses shall provide pedestrian and bicycle access from the development to the activity center.

(d)

Pedestrian ways or crosswalks, not less than ten feet wide with a sidewalk meeting the requirements of this chapter, may be required by the planning commission to be placed in the center of blocks more than 800 feet long where deemed necessary to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities.

(e)

All commercial an industrial uses shall provide designated bicycle parking spaces with parking racks in the amount of two percent of the required number of spaces for automobiles.

(Ord. No. 5-92, § 3.17, 8-25-92)

(a)

Definitions.

(1)

Fixture. The assembly that holds a lamp and may include:

a.

An assembly housing;

b.

A mounting bracket or pole socket;

c.

A lamp holder;

d.

A ballast;

e.

A reflector or mirror; and

f.

A refractor or lens.

(2)

Full cutoff. A term used by the lighting industry to describe a lighting fixture from which no light output is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than ten percent of the lamp's light intensity is emitted at an angle ten degrees below that horizontal plane, at all lateral angles around the fixture. Implicit in the definition is a fixture that is aimed straight down and has a flat lens.

(3)

Glare. The sensation produced by lighting that causes an annoyance, discomfort or loss in visual performance and visibility to the eye. Glare is subjective and cannot be measured with a meter.

(4)

Lamp. The component of the luminaire that produces light.

(5)

Light shield. Any attachment which interrupts and blocks the path of light emitted from a luminary or fixture.

(6)

Light trespass. Light emitted by a lighting installation, which extends beyond the boundaries of the property on which the installation is located.

(b)

General purpose.

(1)

To regulate exterior lighting in order to avoid unsafe and unpleasant conditions as the result of poorly designed or installed exterior lighting.

(2)

To discourage excessive lighting.

(3)

To regulate the type of light fixtures, lamps and standards.

(4)

To protect residential zones from the ill affects associated with non-residential exterior lighting.

(5)

To create a safe environment during hours of darkness.

(6)

To avoid excessive lighting in order to preserve the dark night sky.

(c)

General requirements.

(1)

Site lighting trespass onto adjacent properties or roadways shall be minimized.

a.

Light fixtures or lamps shall be shielded/shaded in such a manner as to direct glare away from adjacent properties or roadways.

(2)

Site lighting shall minimize light spill into the dark night sky.

a.

Any facilities which may require flood lighting may not arrange the light in such a way that it will shine unnecessarily into the night sky.

(3)

Lighting intensity will be limited to no brighter than that published as recommended by the Illuminating Engineering Society of North America (IESNA).

(4)

Where practical, exterior lighting shall include timers, dimmers, sensors, or photocell controllers that turn lights off during daytime or when lighting is not needed, to reduce overall energy consumption and eliminate unneeded lighting.

(5)

Fixtures and lighting systems used for safety and security shall be in good working order and shall be maintained in a manner that serves the original design intent of the system.

(6)

Vegetation and landscaping shall be maintained in a manner that does not obstruct security lighting.

(7)

Vegetation and landscaping shall be maximized to reduce light spill into the night sky and light trespass onto adjacent properties and roadways.

(d)

Open-air parking lot lighting.

(1)

Open-air parking lot lighting shall be designed to provide adequate vision, comfort and safety.

a.

Parking area luminaries shall be no taller than 15 feet in height from the ground to the light source. Parking area lights are encouraged to be greater in number, lower in height, and lower in light level, as opposed to fewer in number, higher in height and higher in light level. However, parking lots of more than 50 spaces may vary from the 15-foot limitation, but must submit a lighting plan for approval by the planning commission

b.

Any luminary on a pole or stand shall have a shield, an adjustable reflector and non-protruding diffuser.

(2)

Open-air parking lot lighting shall be designed to provide uniform lighting throughout the facility with no dark patches or pockets.

(3)

Open-air parking lot lighting shall be designed to provide a minimal amount of lighting for the safety and identification of features.

(4)

Open-air parking shall not cause direct illumination on adjacent and nearby properties or streets. Lighting fixtures should be of a type and design so as to adequately shield to prevent glare from normal viewing angles.

a.

In order to direct light downward and minimize the amount of light spilled into the dark night sky, all lighting fixtures serving open-air parking lots, except as allowed in subsection b. below, shall be full cut-off fixtures as defined by the IESNA.

b.

If the development of an area requires the use of open-air parking lot lighting of a particular period or architectural style, the planning commission may permit alternative lighting requirements as outlined above.

(5)

For multi-level parking facilities, the roof level shall be considered an open-air parking lot.

(e)

Commercial, industrial, and utility development lighting.

(1)

Facility lighting.

a.

Facility lighting shall be designed so as to meet but not exceed minimum requirements for security, safety and/or FAA regulations. Lighting of antennas or support structures shall be prohibited unless required by the FAA and no other alternatives are available. In all instances, the lighting shall be designed so as to avoid glare and minimize illumination on adjacent properties. No strobe or flashing lights shall be permitted unless no other lighting can meet FAA regulations. Lighting shall also comply with any applicable Town of Inglis lighting standards.

b.

Building-mounted lighting shall only be oriented to a specific lighting task; shall be attached only to walls, and the top of the fixture shall not exceed the height of the parapet/eaves or roof, whichever is greater. It is the intent of this code to prohibit architectural enhancement with neon and fiber-optic lights and are prohibited for exterior illumination.

c.

In the case of service station facilities lighting shall not be mounted on the top or sides (fascias) of the canopy. In order to minimize the extent of direct glare, light fixtures mounted on canopies shall be recessed so that the lens cover (diffuser) is recessed or flush with the bottom surface (ceiling) of the canopy or shielded by the fixture or the edge of the canopy so that light is restrained to 85 degrees or less from vertical.

d.

Fixtures used to accent architectural features, materials, colors, style of buildings, landscaping, or art shall be located, aimed and shielded so that light is directed only on those features. Such fixtures shall be aimed or shielded to minimize light spill into the dark night sky.

e.

Flags may be illuminated from below provided such lighting is focused primarily on the individual flag or flags to limit light trespass and spill into the dark night sky. Flags should be taken down at sunset to avoid the need for lighting.

(f)

Prohibitions.

(1)

Mercury-vapor, sodium-vapor and high intensity lamps. The installation of any mercury-vapor, sodium-vapor or high intensity fixture or lamp for use as an outdoor luminary is prohibited.

(2)

Laser light source. The use of laser source light of any similar high intensity light for outdoor advertising, entertainment or non-commercial use is prohibited.

(3)

Searchlights. The operation of searchlights for advertising, entertainment or non-commercial purposes is prohibited.

(4)

Lighting shall not be flashing, moving, intermittent or scintillating in type except for signs that display only time and temperature. Other electronic changeable message signs are prohibited.

(5)

Red, yellow or green lights that may resemble traffic signalization or caution lights.

(Ord. No. 03-06, § 1, 12-12-06)