(a)

The town is hereby divided into zones or districts, as shown on the official map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

(b)

The official zoning map shall be identified by the signature of the mayor attested by the town clerk, and bearing the seal of the town under the following words: "This is to certify that this is the official zoning map referred to in section 125-261 attached to Ordinance No. 228 of the Town of Lake Clarke Shores, Florida," together with the date of the adoption of such ordinance.

(c)

If in accordance with the provisions of this article and the appropriate state statutes, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be made on the official zoning map promptly after the amendment has been approved by the town council, together with an entry on the official zoning map as follows: "On (date), by official action of the town council, the following (change/changes) were made in the official zoning map; (brief description of nature of change)," which entry shall be signed by the mayor and attested by the town clerk. The amending ordinance shall provide that such changes or amendments shall not become effective until they have been duly entered upon the official zoning map. No amendment to this article which involves matter portrayed on the official zoning map shall become effective until after such changes and entry has been made on the map.

(d)

No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with these procedures.

(Code 1980, § 19-5; Code 1995, § 86-196)

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

(1)

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

(2)

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

(3)

Boundaries indicated as approximately following town lines shall be construed as following town limits;

(4)

Boundaries indicated as following shorelines shall be construed to follow such shore lines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline;

(5)

Boundaries indicated as parallel to or extension of features indicated in subsections (1) through (4) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;

(6)

Where the street or property layout existing on the ground is at variance with that shown on the official zoning map, or in other circumstances not covered by subsections (1) through (5) of this section, the zoning board of adjustment shall interpret the district boundaries.

(Code 1980, § 19-6; Code 1995, § 86-197)

Except as provided in this section:

(1)

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 specified in this article for the district in which it is located.

(2)

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

a.

Exceed the height;

b.

Accommodate or house a greater number of families;

c.

Occupy a greater percentage of lot area; or

d.

Have narrower or smaller rear yards, front yards, side yards, or other open spaces;

other than as required by this article; or in any other manner contrary to the provisions of this chapter.

(3)

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 part of a yard, open space, or off-street parking or loading space similarly required for any other building.

(4)

No yard or lot existing at the time of passage of the ordinance from which this article is derived shall be reduced in size or area below the minimum requirements set forth in this article. Yards or lots created after the effective date of this Code shall meet at least the minimum requirements established by this chapter.

(5)

Within each district, the regulations set by this article shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.

(6)

All territory which may hereafter be annexed to the town shall be considered to be zoned single-family (SF) until otherwise classified.

(7)

Every building or structure hereafter erected shall be located on a lot or tract, and in no case shall there be more than one building on one lot, except as provided by this article.

(8)

All buildings are required to have address numbers no less than 3½ inches in size plainly visible and legible from the roadway.

(Code 1980, § 19-7; Code 1995, § 86-198; Ord. No. 08-03, § 3, 11-18-2008)

The Single-Family Residential (SF) District is intended to be exclusively a single-family residential district of low population density, with quality homes of best construction and design. This district is established to preserve and extend the appropriate use of land and to stabilize and enhance property values.

(Code 1980, § 19-8(A)(1); Code 1995, § 86-211)

(a)

Permitted principal uses and structures in the Single-Family Residential (SF) District are as follows:

(1)

Single-family dwellings;

(2)

Community residential homes; and

(3)

Churches, existing at date of this Code.

(b)

Permitted accessory uses and structures are as follows:

(1)

Customary accessory uses;

(2)

Swimming pools, located in rear yards only;

(3)

Patios;

(4)

Gazebos;

(5)

Satellite television antenna systems; and

(6)

Detached sheds.

a.

One detached shed shall be allowed per residential lot.

b.

Maximum shed size is 160 square feet with no side longer than 16 feet. Shed height shall not exceed 9½ feet high. Shed height to be measured from bottom of shed floor to roof peak.

c.

Maximum overall height, including placement, shall be 10½ feet. Overall height to be measured from surrounding ground level.

(7)

Play structures.

a.

Play structures must meet side and rear yard setback requirements. Any structure that exceeds eight feet in height must be set back an additional foot for each

foot, or portion thereof, over eight feet in height. The height of the structure is measured from the natural grade of the property to the top of the play structure.

b.

Play structures must meet current windload requirements.

c.

Building permits shall be required for any play structure that includes a floor, roof, wall or support panels totaling more than six square feet. A permit is not required for metal A-frame swing and slide sets. Permit applications must be submitted with two copies of a survey showing the location of the play structure. Plans must be designed and sealed by a registered engineer or architect. Method of attachment/anchoring must also be included with the permit application.

(Code 1980, § 19-8(A)(2), (A)(3); Code 1995, § 86-212; Ord. No. 03-07, § 1, 9-23-2003; Ord. No. 06-05, § 1, 9-12-2006; Ord. No. 15-05, § 2, 8-11-2015; Ord. No. 15-06, § 1(86-212), 8-11-2015; Ord. No. 17-08, § 1, 1-16-2018)

Special exceptions in the Single-Family Residential (SF) District are as follows:

(1)

Church, convent, parish house or religious centers.

(2)

Public facilities.

(3)

Public areas.

(4)

Schools.

(5)

Day care facility, child or adult.

(6)

Private swimming pools located in other than rear yards.

(7)

Cluster housing development.

(8)

Zero lot line development.

(9)

Planned unit development.

(10)

Green markets as an accessory use to a church or religious center. Such a green market shall require separate special exception approval as set forth in Section 125-68 and in accordance with the regulations set forth in Division 15 of the Zoning Code.

(Code 1980, § 19-8(A)(4); Code 1995, § 86-213; Ord. No. 280, § 2, 1-7-1991; Ord. No. 19-04, § 1, 12-10-19; Ord. No. 21-08, § 2, 9-28-2021)

Prohibited uses and structures in the Single-Family Residential (SF) District are as follows:

(1)

All uses other than those permitted or allowed as special exceptions are prohibited; and

(2)

Mobile homes/manufactured homes.

(Code 1980, § 19-8(A)(5); Code 1995, § 86-214)

Minimum lot requirements in the Single-Family Residential (SF) District are as follows:

(1)

Width. Ninety feet, except that lots platted as of the date of adoption of this Code shall be deemed conforming as to width where less than 90 feet in width; provided, however, that lots shown upon subdivision plats approved after January 1, 1980 may contain lots with a minimum width of 75 feet, except as to nonrectangular lots abutting that portion of a street that is curvilinear or a cul-de-sac, which lots shall have a minimum width of 40 feet on the street line. Curvilinear streets shall be deemed to have a centerline radius of 150 feet or less.

(2)

Special width provisions. Special width provisions are as follows:

a.

The reduced width is necessary for the division of a presently existing single lot into no more than two separate lots, being a front and rear lot separation.

b.

Neither of such separate lots have a width of less than 20 feet.

c.

Frontage of a lot with lesser width is used for ingress and egress to the remainder of such lot.

d.

Lots are within a subdivision created prior to the incorporation of the town.

e.

Such separate lots, except for width requirements provided for in this section, conform to all other provisions of this chapter.

(3)

Area. Ten thousand square feet; provided, however, that lots shown upon subdivision plats approved after January 1, 1980, may contain lots with less area, if the average area of all lots in a subdivision is not less than 10,000 square feet and if none of such lots is less than 8,250 square feet in area.

(4)

Special subdivision of lots. Special subdivision of lots shall be for the following reasons:

a.

The reduced width is necessary for the division of a presently existing single lot into no more than two separate lots.

b.

Neither of such separate lots have a width of less than 75 feet.

c.

Lots are within the recorded subdivisions created prior to incorporation of the town.

d.

Single, divided or undivided lots conformed to all provisions of this chapter.

e.

Such separate lots, except for width requirements provided for in this section, conform to all other provisions of this chapter.

(Code 1980, § 19-8(A)(6); Code 1995, § 86-215; Ord. No. 08-03, § 4, 11-18-2008)

Minimum setback requirements in the Single-Family Residential (SF) District are as follows:

(1)

Front. Twenty-five feet, except Forest Hill Boulevard, which shall be 30 feet.

(2)

Side. Not less than ten feet; provided, however, that the side yard of lots shown upon subdivision plats approved after January 1, 1980 may be a minimum of 7½ feet.

(3)

Rear. Not less than 15 feet.

(Code 1980, § 19-8(A)(7); Code 1995, § 86-216(a)(1)—(3); Ord. No. 08-03, § 5, 11-18-2008; Ord. No. 15-06, § 1(86-216.1), 8-11-2015; Ord. No. 17-08, § 1, 1-16-2018)

All sheds shall be located behind an imaginary line at least five feet behind the front of the house line, at a minimum of three feet from the dwelling, side and rear property lines or easement lines. If the rear property line is on a waterway, the shed shall be placed within 15 feet of the side property line. A shed that is placed within the side yard cannot be placed in front of any exterior opening and shall be concealed from view of the street and neighboring properties according to section 125-475(h).

(Code 1980, § 19-8(A)(7); Code 1995, § 86-216(b); Ord. No. 08-03, § 5, 11-18-2008; Ord. No. 15-06, § 1(86-216.2), 8-11-2015)

Maximum lot coverage by all buildings in the Single-Family Residential (SF) District is as follows: 35 percent including accessory uses, except that where a swimming pool is included as an accessory use the maximum coverage may be 45 percent.

(Code 1980, § 19-8(A)(8); Code 1995, § 86-217)

Maximum height per story in this district is 15 feet per story, with a maximum structure height of 30 feet. Structure height of 30 feet to be measured from the floor slab to the roof ridge or the top of parapet wall, whichever is higher.

(Code 1980, § 19-8(A)(9); Code 1995, § 86-218; Ord. No. 03-07, § 1, 9-23-2003)

Minimum floor area in the Single-Family Residential (SF) District is 1,600 square feet.

(Code 1980, § 19-8(A)(10); Code 1995, § 86-219)

Minimum off-street loading and parking requirements in the Single-Family Residential (SF) District are as follows:

(1)

Single-family residence. Two off-street parking spaces.

(2)

Church. One space per every three seats in the main auditorium. If there are no fixed seats, one space per every 35 square feet of gross floor area in the main auditorium.

(3)

Convent, parish house or religious center. One space per bedroom, plus one space per 200 square feet of gross floor area devoted to offices and meeting rooms. If no offices or meeting rooms are provided, one-half space per bedroom shall be provided for guest parking.

(4)

Zero lot line development. Two spaces per dwelling unit.

(5)

Cluster housing development. Two spaces per dwelling unit, plus one-half space per dwelling unit for guest parking.

(6)

Planned unit development. Two spaces per dwelling unit, plus one-half space per dwelling unit for guest parking.

(7)

Public facilities. One space per every 200 square feet of gross floor area.

(8)

Public areas. One space per every 10,000 square feet of gross land area, with a minimum of five spaces provided.

(9)

Schools. For elementary and junior high schools, two spaces per classroom. For senior high schools, five spaces per classroom and each other room utilized by students.

(10)

Day care facility, child or adult. One space per 250 square feet plus one drop-off space per 20 persons.

(11)

Home occupations. One space shall be provided in addition to those spaces required for the principal structure.

(Code 1980, § 19-8(A)(11); Code 1995, § 86-220; Ord. No. 280, § 3, 1-7-1991; Ord. No. 21-08, § 3, 9-28-2021)

Limitations of signs in the Single-Family Residential (SF) District are as follows:

(1)

One detached sign, as provided in section 113-6.

(2)

Day care facility, child or adult. One sign as provided in Section 113-6, not to exceed 24 square feet in area.

(Code 1980, § 19-8(A)(12); Code 1995, § 86-221; Ord. No. 21-08, § 4, 9-28-2021)

No duplications of elevations and/or exterior architectural designs are permitted in the Single-Family Residential (SF) District; provided, however, that there may be duplications of elevations and/or exterior architectural designs in subdivision for which plats are hereafter submitted to the town for review and approval, if such subdivisions contain at least 30 lots and if at least ten different elevations and/or exterior architectural designs are used.

(Code 1980, § 19-8(A)(13); Code 1995, § 86-222)

The Multiple-Family Residential (MF) District is designed to provide a minimum area of multiple-family, relatively high population density, residential facilities to be located where access from main thoroughfares to such type facilities is especially desirable. Certain nonresidential uses may be allowed by special exception.

(Code 1980, § 19-8(B)(1); Code 1995, § 86-236)

Permitted principal uses and structures in the Multiple-Family Residential (MF) District are as follows:

(1)

Two-family dwelling.

(2)

Multiple-family dwelling.

(3)

Church, convent, parish house or religious centers.

(4)

Group homes.

(5)

Schools, public and private.

(6)

Day care facilities, child and adult.

(7)

Single-family dwellings, existing at the date of adoption of this Zoning Code.

(Code 1980, § 19-8(B)(2); Code 1995, § 86-237; Ord. No. 15-04, § 1, 8-11-2015; Ord. No. 15-05, § 3, 8-11-2015)

Permitted accessory uses and structures in the Multiple-Family Residential (MF) District are as follows:

(1)

Facilities as may be required or useful for the operation of an apartment house, or for the entertainment of guests or tenants, but all such accessory uses shall be conducted within the building, shall be entered only from within the building, and no sign on the exterior of the building shall indicate their presence.

(2)

Satellite television antenna systems.

(3)

Swimming pools.

(4)

Patios.

(5)

Gazebos.

(6)

Detached sheds (maximum 12 feet by 12 feet).

(7)

Day care facilities, child and adult.

(Code 1980, § 19-8(B)(3); Code 1995, § 86-238; Ord. No. 15-04, § 2, 8-11-2015)

Special exceptions in the Multiple-Family Residential (MF) District are as follows:

(1)

Single-family dwelling.

(2)

Public facilities.

(3)

Public areas.

(4)

Adult congregate living facility (ACLF).

(5)

Home occupations.

(6)

Cluster housing development.

(7)

Zero lot line development.

(8)

Planned unit development.

(9)

Mobile home parks and subdivisions, subject to the provisions of section 125-794 et seq.

(10)

Mobile homes on individual lots, provided that the following conditions are met:

a.

The unit shall meet all applicable setbacks and other zoning provisions of this district.

b.

The unit shall meet all applicable building provisions including those regulations for withstanding hurricane force winds.

(11)

Professional office buildings.

(Code 1980, § 19-8(B)(4); Code 1995, § 86-239; Ord. No. 280, § 4, 1-7-1991; Ord. No. 324, § 1, 7-11-1995; Ord. No. 15-04, § 3, 8-11-2015)

Prohibited uses and structures in the Multiple-Family Residential (MF) District are as follows:

(1)

All uses other than those specifically permitted or allowed as special exceptions are prohibited.

(2)

Apartment houses in excess of two stories, 20 feet in height.

(3)

Commercial establishments, including retail outlets for sale of wearing apparel, sundries and notions, drugstores, pharmacies, hardware, garden supplies, toys and similar products, florists, gift and jewelry shops or similar shops.

(4)

Commercial recreational facilities.

(5)

Cabanas.

(6)

Hotels/motels/time-share uses.

(Code 1980, § 19-8(B)(5); Code 1995, § 86-240; Ord. No. 280, § 5, 1-7-1991)

Minimum lot requirements in the Multiple-Family Residential (MF) District are as follows:

(1)

Duplex. A width of 100 feet and an area of 10,000 square feet.

(2)

Multiple-family. A width of 100 feet and an area of 10,000 square feet, provided that there shall be at least 5,000 square feet of net lot area for each dwelling unit.

(3)

Church, convent, parish house or religious centers. A width of 100 feet and an area of 10,000 square feet.

(4)

Schools, public and private. A width of 100 feet and an area of 10,000 square feet.

(5)

Day care facilities, child and adult. A width of 100 feet and an area of 10,000 square feet.

(Code 1980, § 19-8(B)(6); Code 1995, § 86-241; Ord. No. 15-04, § 4, 8-11-2015)

Minimum setback requirements in the Multiple-Family Residential (MF) District are as follows:

(1)

As for the single-family district: For all residential uses.

(2)

For uses allowed by special exception: As the zoning board of adjustment may determine, but not less than those for the single-family district.

(3)

Twenty-five feet in front, except on Forest Hill Boulevard, which shall be 30 feet.

(4)

Side yard: 15 feet each side except corner lots where single-family prevails.

(5)

Rear yard: 15 feet except on canals, where single-family prevails.

(6)

If more than one building on a lot: 20 feet separation between buildings.

(Code 1980, § 19-8(B)(7); Code 1995, § 86-242; Ord. No. 15-06, § 2, 8-11-2015)

Maximum lot coverage by all buildings in the Multiple-Family Residential (MF) District is as follows:

(1)

Single-family dwelling: As in the SF residential district.

(2)

Duplex: As for single-family dwellings.

(3)

Multiple-family: 35 percent of the lot or building site.

(4)

Church, convent, parish house or religious centers: 35 percent of the lot or building site.

(5)

Schools, public and private: 35 percent of the lot or building site.

(6)

Day care facilities, child and adult: 35 percent of the lot or building site.

(7)

For uses allowed by special exception: As the town council shall determine.

(Code 1980, § 19-8(B)(8); Code 1995, § 86-243; Ord. No. 15-04, § 5, 8-11-2015; Ord. No. 20-01, § 3, 5-12-2020)

Maximum height per story in this district is 15 feet per story, with a maximum structure height of 30 feet. Structure height of 30 feet to be measured from the floor slab to the roof ridge or the top of parapet wall, whichever is higher.

(Code 1980, § 19-8(B)(9); Code 1995, § 86-244; Ord. No. 03-07, § 1, 9-23-2003)

Minimum floor area in the Multiple-Family Residential (MF) District is as follows:

(1)

Single-family dwelling: 1,600 square feet.

(2)

Duplex: 1,200 square feet, each dwelling unit.

(3)

Multiple-family: 1,000 square feet each dwelling unit.

(4)

Church, convent, parish house or religious centers: No minimum.

(5)

Schools, public and private: No minimum.

(6)

Day care facilities, child and adult: No minimum.

(7)

For uses allowed by special exception: As the board of adjustment shall determine.

(Code 1980, § 19-8(B)(10); Code 1995, § 86-245; Ord. No. 15-04, § 6, 8-11-2015)

Minimum off-street loading and parking requirements in the Multiple-Family Residential (MF) District are as follows:

(1)

Single-family dwelling. Two off-street parking spaces.

(2)

Duplex. Two and one-half off-street parking spaces per unit, one parking space of which may be a garage or carport, plus one designated guest parking space for each two dwelling units or fraction thereof.

(3)

Multiple-family. The same as duplex see subsection (2) of this section.

(4)

Church. One space per every three seats in the main auditorium. If there are no fixed seats, one space per every 35 square feet of gross floor area in the main auditorium.

(5)

Convent, parish house or religious center. One space per bedroom, plus one space per 200 square feet of gross floor area devoted to offices and meeting rooms. If no offices or meeting rooms are provided, one-half space per bedroom shall be provided for guest parking.

(6)

Zero lot line development shall be as follows:

a.

One or two bedroom dwelling unit, two spaces per dwelling unit.

b.

Three or more bedroom dwelling unit, 2½ spaces per dwelling unit.

c.

Additionally, one-half space per dwelling unit for guest parking.

(7)

Cluster housing development shall be as follows:

a.

One or two bedroom dwelling unit, two spaces per dwelling unit.

b.

Three or more bedroom dwelling unit, 2½ spaces per dwelling unit.

c.

Additionally, one-half space per dwelling unit for guest parking.

(8)

Planned unit development shall be as follows:

a.

One or two bedroom dwelling unit, two spaces per dwelling unit.

b.

Three or more bedroom dwelling unit, 2½ spaces per dwelling unit.

c.

Additionally, one-half space per dwelling unit for guest parking.

(9)

Public facilities. One space per every 200 square feet of gross floor area.

(10)

Public areas. One space per every 10,000 square feet of gross land area, with a minimum of five spaces provided.

(11)

Adult congregate living facilities. One space per dwelling unit, plus one space per 1,000 square feet of gross floor area devoted to kitchen, dining and other ancillary functions.

(12)

Home occupations. One space shall be provided in addition to those spaces required for the principal structure.

(13)

Mobile home/manufactured housing. Two spaces per dwelling unit.

(14)

Schools, public and private.

a.

School, private and charter. One space per employee plus one visitor space per 50 students plus one space per 5.5 students in the 11th and 12th grade.

b.

College or university. One space per two students plus one space per four seats in a gymnasium or auditorium plus one space per 200 square feet of administrative and office space.

c.

Vocational school. One space per classroom plus one space per four students plus one space per 200 square feet of administrative and assembly areas.

(15)

Day care facilities, child and adult. One space per 250 square feet plus one drop-off space per 20 persons.

(Code 1980, § 19-8(B)(11); Code 1995, § 86-246; Ord. No. 280, § 6, 1-7-1991; Ord. No. 15-04, § 7, 8-11-2015)

Limitations on signs in the Multiple-Family Residential (MF) District are as follows:

(1)

Single-family. The same as for the Single-Family Residential (SF) District.

(2)

Multiple-family. One sign as provided in section 113-6, not to exceed 24 square feet in area.

(3)

Church, convent, parish house or religious centers. One sign as provided in section 113-6, not to exceed 24 square feet in area.

(4)

Schools, public and private. One sign as provided in section 113-6, not to exceed 24 square feet in area.

(5)

Day care facilities, child and adult. One sign as provided in section 113-6, not to exceed 24 square feet in area.

(6)

Detached signs. As may be applicable to the particular use or situation, as provided in section 113-6.

(Code 1980, § 19-8(B)(12); Code 1995, § 86-247; Ord. No. 15-04, § 8, 8-11-2015)

No duplications of elevations and/or exterior architectural designs are permitted in the Multiple-Family Residential (MF) District.

(Code 1980, § 19-8(B)(13); Code 1995, § 86-248)

The Limited Commercial (LC) District is highly restrictive, designed to provide town residents with necessary and convenience goods and services; commercial activities of a type incompatible with the essential character of the town are prohibited. The location and character of the town is such that it is found and declared to be unnecessary that provisions be made for all types of business and commercial activities.

(Code 1980, § 19-8(C)(1); Code 1995, § 86-261)

Permitted principal uses and structures in the Limited Commercial (LC) District are as follows:

(1)

Financial institutions.

(2)

Professional and business offices and office buildings.

(3)

Retail outlets for sale of wearing apparel, sundries and notions, drugs, hardware, garden supplies, toys and similar products, florists, gift and jewelry shops or similar shops.

(4)

Retail outlets such as household furnishings and household appliances or departments stores.

(5)

Music, art or dance studios, exclusive of adult entertainment establishments.

(6)

Repair services.

(7)

Personal services.

(8)

Restaurant.

(9)

Restaurant, other.

(Code 1980, § 19-8(C)(2); Code 1995, § 86-262; Ord. No. 280, § 7, 1-7-1991; Ord. No. 13-02, § 1, 7-9-2013; Ord. No. 20-01, § 4, 5-12-2020)

No accessory uses or structures are permitted in the Limited Commercial (LC) District.

(Code 1980, § 19-8(C)(3); Code 1995, § 86-263)

Special exceptions in the Limited Commercial (LC) District are as follows:

(1)

Retail outlets for the sale of food; provided, however, that no building for such retail food store shall contain less than 10,000 square feet of floor space.

(2)

Church, convent, parish house or religious center.

(3)

Public areas.

(4)

Public facilities.

(5)

Pain management clinic.

(Code 1980, § 19-8(C)(4); Code 1995, § 86-264; Ord. No. 10-03, § 2, 3-2-2010)

Prohibited uses and structures in the Limited Commercial (LC) District are as follows:

(1)

Any use not specifically permitted.

(2)

Permitted uses do not include, and are not limited to, as a principal use or an accessory use, any of the following, which are listed only for illustration and emphasis:

a.

Any type of residential dwelling unit.

b.

Nightclub, casino, lounge, or bar.

c.

Circus or carnival operated for private profit.

d.

Crematory or cemetery.

e.

Sale of alcoholic beverages on or off the premises, except for the sale of alcoholic beverages when served on the premises with food in a restaurant.

f.

Off-site signs.

g.

Automotive service station.

h.

Automotive repair.

i.

Automotive paint and body shop.

j.

Manufacturing or industrial operation.

k.

Arcades.

l.

Laundry or dry cleaning establishments.

m.

Plumbing or sheet metal shops.

n.

Warehouse activity.

o.

Printing or publishing establishments.

p.

Carpentry or upholstery shops.

q.

Adult entertainment establishments.

r.

Hotels/motels/time-share uses.

s.

Kennels.

t.

Salvage yards.

u.

Theaters.

(Code 1980, § 19-8(C)(5); Code 1995, § 86-265; Ord. No. 20-01, § 5, 5-12-2020)

Minimum lot requirements in the Limited Commercial (LC) District are as follows:

(1)

At least 20 feet of street frontage for each individual shop, office or store.

(2)

No minimum area.

(Code 1980, § 19-8(C)(6); Code 1995, § 86-266)

Minimum setback requirements in the Limited Commercial (LC) District are as follows:

(1)

Front. Twenty-five feet, except that all uses facing on Forest Hill Boulevard shall be set back 30 feet.

(2)

Side. Twelve feet each side except corner lots where single-family prevails.

(Code 1980, § 19-8(C)(7); Code 1995, § 86-267; Ord. No. 15-06, § 3, 8-11-2015)

There are no maximum or minimum lot coverage requirements, provided that all other requirements, including but not limited to set back requirements, of this division are met.

(Code 1980, § 19-8(C)(8); Code 1995, § 86-268; Ord. No. 20-01, § 6, 5-12-2020)

Maximum height per story in this district is 15 feet per story, with a maximum structure height of 30 feet. Structure height of 30 feet to be measured from the floor slab to the roof ridge or the top of parapet wall, whichever is higher.

(Code 1980, § 19-8(C)(9); Code 1995, § 86-269; Ord. No. 03-07, § 1, 9-23-2003)

No requirements for minimum floor area exist in the Limited Commercial (LC) District.

(Code 1980, § 19-8(C)(10); Code 1995, § 86-270)

(a)

The minimum off-street parking requirements in the Limited Commercial (LC) District are as follows:

(1)

Financial institutions. One space per every 200 square feet of gross floor area.

(2)

Professional and business offices and office buildings. One space per every 200 square feet of gross floor area.

(3)

Retail outlets for sale of wearing apparel, sundries and similar notions, drugs, hardware, garden supplies, toys and similar products, florist gift and jewelry shops or similar shops. One space per every 200 square feet of gross floor area.

(4)

Retail outlets for the sale of food. One space for every 30 square feet of gross floor area.

(5)

Church. One space per every three seats in the main auditorium. If there are no fixed seats, one space per every 30 square feet of gross floor area in the main auditorium.

(6)

Convent, parish house or religious center. One space per bedroom, plus one space per 200 square feet of gross floor area devoted to offices and meeting rooms. If no offices or meeting rooms are provided, one-half space per bedroom shall be provided for guest parking.

(7)

Public areas. One space per every 10,000 square feet of gross land area, with a minimum of five spaces provided.

(8)

Public facilities. One space per every 200 square feet of gross floor area.

(9)

Restaurant. One space per every 150 square feet of gross floor area.

(10)

Restaurant, other. One space per every three seats.

(b)

The minimum off-street loading requirements for those uses permitted in subsection (a)(2) of this section and those uses allowed by special exception in subsections (a)(2) and (4) of this section:

(1)

Up to 10,000 square feet of gross floor area: One space.

(2)

Ten thousand to 25,000 square feet of gross floor area: Two spaces.

(3)

For each additional 20,000 square feet, or portion thereof, of gross floor area: One space.

(c)

In calculating off-street parking and loading requirements, a fraction equal to or greater than one-half shall require an extra full space.

(d)

See also Division 10 of Article VII of this chapter.

(e)

See specifically Section 125-818(e) regarding required handicapped parking spaces.

(Code 1980, § 19-8(C)(9); Code 1995, § 86-271; Ord. No. 280, § 9, 1-7-1991; Ord. No. 13-02, § 2, 7-9-2013; Ord. No. 20-01, § 7, 5-12-2020)

Limitations on signs in the Limited Commercial (LC) District are as follows:

(1)

The same as for the Single-Family (SF) Residential District.

(2)

One sign as provided in section 113-6, the area of the sign not to exceed 1/20 of the area of the building's front elevation. Where two or more uses are located in the same building, the total sign area may not exceed the maximum set, and all such uses must be indicated, if indicated on the same sign.

(3)

Detached signs, as may be applicable to the use or situation, as provided in section 113-6.

(Code 1980, § 19-8(C)(12); Code 1995, § 86-272)

(a)

All permitted uses in the Limited Commercial (LC) District shall be carried on entirely within and under cover of a building, with the exception of outdoor seating for restaurant uses, which shall be reflected on the approved site plan. No business may be conducted if any side of a room or area of the structure is open to the air by reason of a lack of an enclosing wall, door, window or other fixtures.

(b)

Products, services or merchandise may be sold, conveyed, delivered or handed out through a window or opening to a buyer outside the building, only if reflected on the approved site plan, and only if the following drive through lane establishment requirements are provided:

(1)

A minimum of six queuing spaces including the one accommodating the vehicle being serviced. Each queuing space shall be a minimum of ten feet in width by 20 feet in length. Queuing shall be measured from the front of the stopped vehicle (that would be located at the point of ultimate service) to the rear/end of the queuing lane.

(2)

A by-pass lane a minimum of 12 feet wide shall be provided. Subject to the town's approval, a by-pass lane may not be required if the queuing lane is adjacent to a parking lot drive isle which could function sufficiently as a by-pass lane. If required, the by-pass lane shall be clearly designated and distinct from the queuing area.

(Code 1980, § 19-8(C)(13); Code 1995, § 86-273; Ord. No. 13-02, § 3, 7-9-2013)

The Open Space (OS) District is intended to establish and protect certain areas which are composed of natural habitats, including fish and flora, but which permits certain select recreational uses of the land while still conserving the environment and natural features within the area.

(Code 1980, § 19-8(D)(1); Code 1995, § 86-286)

Permitted principal uses and structures in the Open Space (OS) District are as follows:

(1)

Public areas.

(2)

Public facilities.

(Code 1980, § 19-8(D)(2); Code 1995, § 86-287)

Permitted accessory uses and structures in the Open Space (OS) District are any uses customarily incidental to permitted uses not involving the conduct of business.

(Code 1980, § 19-8(D)(3); Code 1995, § 86-288)

There are no special exceptions in the Open Space (OS) District.

(Code 1980, § 19-8(D)(4); Code 1995, § 86-289)

Prohibited uses and structures in the Open Space (OS) District are as follows:

(1)

All uses other than those specifically permitted or allowed as special exceptions are prohibited; and

(2)

Commercial recreational facilities.

(Code 1980, § 19-8(D)(5); Code 1995, § 86-290)

Minimum lot requirements in the Open Space (OS) District are as follows:

(1)

Width: Not applicable.

(2)

Area: Not applicable.

(Code 1980, § 19-8(D)(6); Code 1995, § 86-291)

Minimum yard requirements in the Open Space (OS) District are as follows:

(1)

Width: 90 feet.

(2)

Area: 10,000 square feet.

(Code 1980, § 19-8(D)(7); Code 1995, § 86-292)

Maximum lot coverage by all buildings in the Open Space (OS) District is not applicable.

(Code 1980, § 19-8(D)(8); Code 1995, § 86-293)

Maximum height per story in this district is 15 feet per story, with a maximum structure height of 30 feet. Structure height of 30 feet to be measured from the floor slab to the roof ridge or the top of parapet wall, whichever is higher.

(Code 1980, § 19-8(D)(9); Code 1995, § 86-294; Ord. No. 03-07, § 1, 9-23-2003)

Minimum floor area in the Open Space (OS) District is not applicable.

(Code 1980, § 19-8(D)(10); Code 1995, § 86-295)

The minimum off-street loading and parking requirements in the Open Space (OS) District are as follows:

(1)

Public areas. One space per every 10,000 square feet of gross land area, with a minimum of five spaces provided.

(2)

Public facilities. One space per every 200 square feet of gross floor area.

(Code 1980, § 19-8(D)(11); Code 1995, § 86-296; Ord. No. 280, § 10, 1-7-1991)

One detached sign, as provided in section 113-6, is permitted in the Open Space (OS) District.

(Code 1980, § 19-8(D)(12); Code 1995, § 86-297)

Any development of land in the Open Space (OS) District shall be subject to the site plan review provisions of section 125-101.

(Code 1980, § 19-8(D)(13); Code 1995, § 86-298)

The Governmental (G) District is intended for the exclusive use of land which is publicly owned and utilized by any government or governmental agency, board, commission, authority, or public body of the town, or any other legally constituted district.

(Code 1980, § 19-8(E)(1); Code 1995, § 86-311)

Permitted principal uses and structures in the Governmental (G) District are as follows:

(1)

Public facilities.

(2)

Schools.

(3)

Public utilities.

(Code 1980, § 19-8(E)(2); Code 1995, § 86-312)

Permitted accessory uses and structures in the Governmental (G) District are any uses customarily incidental to permitted uses.

(Code 1980, § 19-8(E)(3); Code 1995, § 86-313)

Special exceptions in the Governmental (G) District are publicly-operated parks and recreation areas.

(Code 1980, § 19-8(E)(4); Code 1995, § 86-314)

Prohibited uses and structures in the Governmental (G) District are all uses other than those permitted or allowed as special exceptions.

(Code 1980, § 19-8(E)(5); Code 1995, § 86-315)

Minimum lot requirements in the Governmental (G) District are as follows:

(1)

Width: Not applicable.

(2)

Area: Not applicable.

(Code 1980, § 19-8(E)(6); Code 1995, § 86-316)

Minimum yard requirements in the Governmental (G) District are as follows:

(1)

Width: 100 feet.

(2)

Area: 20,000 square feet.

(Code 1980, § 19-8(E)(7); Code 1995, § 86-317)

Maximum lot coverage in the Governmental (G) District is not applicable.

(Code 1980, § 19-8(E)(8); Code 1995, § 86-318)

Maximum height per story in this district is 15 feet per story, with a maximum structure height of 30 feet. Structure height of 30 feet to be measured from the floor slab to the roof ridge or the top of parapet wall, whichever is higher.

(Code 1980, § 19-8(E)(9); Code 1995, § 86-319; Ord. No. 03-07, § 1, 9-23-2003)

Minimum floor area requirements in the Governmental (G) District are not applicable.

(Code 1980, § 19-8(E)(10); Code 1995, § 86-320)

Minimum off-street loading and parking requirements in the Governmental (G) District are as follows:

(1)

Public facilities. One space per every 200 square feet of gross floor area.

(2)

Schools. For elementary and junior high schools, two spaces per classroom. For senior high schools, five spaces per classroom and each other room utilized by students.

(3)

Public utilities. One space per every 200 square feet of gross floor space.

(4)

Public-operated parks and recreation areas. One space per every 10,000 square feet of gross land area, with a minimum of ten spaces provided. In addition, if a recreation or multipurpose building is provided, one space per 1,000 square feet of gross floor area.

(Code 1980, § 19-8(E)(11); Code 1995, § 86-321; Ord. No. 280, § 11, 1-7-1991)

Signs shall be limited to one detached sign in the Governmental (G) District, as provided in section 113-6.

(Code 1980, § 19-8(E)(12); Code 1995, § 86-322)

Any development of land in the Governmental (G) District shall be subject to the site plan review provisions of section 125-101.

(Code 1980, § 19-8(E)(13); Code 1995, § 86-323)