(a)

Land. The lawful use of land existing at the date of adoption of this chapter may be continued, provided that no such use may be extended, increased or enlarged; nor shall such use be added to, which will include any use not in existence at the time of adoption of this section.

(b)

Buildings. The lawful use of a building or structure, existing at the time of adoption of this section, may be continued, although such use does not conform to the provisions of this chapter. Such use may be extended throughout the building, provided no structural alterations, except those required by law or ordinances, or ordered by an authorized officer to ensure the safety of the building, are made therein. No such use shall be extended to occupy any land outside such building. If such nonconforming building is removed, or the nonconforming use of such building is discontinued for a continuous period of 180 days, every future use of such building shall be in conformity with the provisions of this chapter. Discontinuance of electric power, water service, or other public utilities shall be evidence of discontinued use.

(c)

Restoration of use. Nothing in this chapter shall be taken to prevent the restoration of a building destroyed to the extent of not more than 50 percent of its taxable value by fire, explosion or other casualty, or act of God, or the public enemy, nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction.

(d)

Districts changed. When a district shall hereafter be changed, any then existing nonconforming use in such changed district may be continued or changed to a use of similar or higher classification, provided all other regulations governing the new use are complied with. Whenever a nonconforming use has been discontinued or changed to a higher classification or to a conforming use, such use shall not thereafter be changed to a nonconforming use of a lower classification.

(Land Development Code 1995, § 2.01.16; Ord. No. 2014-04, § 1, 7-1-2014)

Any structure moved from one development site to another shall, at the new location, comply with all applicable provisions of this article.

(Land Development Code 1995, § 2.01.16.5)

No building or structure shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building structure or premises be used, designed or intended to be used for any purpose or in any manner other than a use designated in this article as permitted in the district in which such land, building, structure or premises is or are located.

(Land Development Code 1995, § 2.01.02)

(a)

Off-street parking. Off-street parking is established in chart B in this subsection and shall comply with the following:

(1)

All spaces shall be computed on the basis of an area nine feet by 20 feet plus necessary access lanes not including public rights-of-way.

Chart B
Parking Space Requirements

(2)

Off-street parking areas shall be provided with a permanent surface of concrete, asphalt or pavers.

(3)

Surface drainage shall be provided as required.

(4)

All required off-street parking shall be completed as specified prior to an occupancy certificate being issued.

(5)

Temporary occupancy may be allowed, provided the applicant deposits with the mayor cash or security bond equal to 110 percent of the estimated cost of required improvements as approved by the town council.

(6)

Parking space requirements. See chart B in this subsection.

(7)

Exclusion of public rights-of-way. All parking space required in this section shall in no part exist upon and no portion of any vehicle shall overhang the right-of-way of any public road, street, alley, or walkway.

(8)

Parking spaces for all dwellings shall be located on the same plot with the main building. There shall be no off-street parking in the front yards of any multifamily residential use.

(9)

Parking spaces for nonresidential uses may be provided on the same plot with the main building, or at a site which is not more than 300 feet distant from the plot containing the main building or use, as measured along the nearest legal pedestrian walkway. Such parking area may be located in an adjacent residential district, provided that such parking area is adjacent to, extends not more than 300 feet into, and is screened as to prevent headlights from shining on residential properties and to minimize vehicular noise, as required in this chapter. A plan for such a proposed parking area in a residential district to serve a nonresidential use shall be submitted to the town council for review and approval or disapproval.

(10)

Dual use parking. Parking requirements for two or more uses of the same or different types may be provided by the establishment of the required number of spaces for each use in a common parking area.

(11)

Parking area improvements. Any off-street parking area serving any use other than a dwelling of up to four units per building shall meet the following requirements for off-street parking lot improvements:

a.

Screening wall. The parking area will be provided with a continuous screening wall of not less than five feet in height, and provided at least 90 percent horizontal sight blockage at all locations where the parking area abuts property zoned for residential purposes.

b.

Where lighting facilities are provided for any parking area, the lighting equipment shall be designed and arranged so as to reflect no light on residential property.

c.

Every parking area which provides four or more spaces shall provide for a perimeter landscaping strip not less than three feet in width at all locations where the parking area adjoins another lot or right-of-way. Such landscaping strip shall have installed therein facilities for irrigation and must be covered with appropriate plant material before a certificate of occupancy may be issued.

(b)

Off-street loading and unloading. Every commercial, industrial, or institutional building or similar use shall be provided with one loading space for every 20,000 square feet or more of floor area; and any use requiring the receipt or distribution by vehicles of materials or merchandise shall have at least one permanent off-street loading space for each 20,000 square feet of gross floor area or fraction thereof, immediately adjacent to the principal building.

(Land Development Code 1995, § 2.01.15(3); Ord. No. 2013-13, § 1, 12-3-2013; Ord. No. 2016-06, § 1(Exh. A), 10-4-2016)

State Law reference— Provisions for parking required, F.S. § 163.3202(1)(h).

In order to classify, regulate, and restrict the uses of land, water, buildings, and structures; to regulate and restrict the height and bulk of buildings; to regulate the area of yards, courts, and other open spaces between buildings; and to regulate the intensity of land use, all the area of the town is classified into one of the following districts:

Chart A - Uses Allowed

;le=2;*Highway-oriented businesses, such as service stations; motels or hotels; restaurants; automotive, farm machinery and equipment rental, sales and service; recreational vehicle or travel trailer sales and service, and mobile home businesses.

;le=2;**Small commercial and personal services, such as barber and beauty shops, shoe repair, book and record sales, laundry pickup and delivery; antiques shops, camera and photographic supplies and sales, pharmaceutical sales, custodial care centers for preschoolers or elderly persons, educational facilities, public or private.

;le=2;***Professional offices, such as dental, medical, legal, real estate, insurance, finance, trade organizations, cooperatives, government where the principal use is that of providing such services, but not primarily of a retail point of delivery.

Chart A-1 Design Standards

(Land Development Code 1995, div. 1.08, div. 2(intro., 2.02); Ord. No. 2008-03, § 2, 3-4-2008; Ord. No. 2013-11, § 1, 12-3-2013)

The tables on the following pages present in a quick-reference form, information regarding permitted uses and development standards for all zoning districts. These tables must be read in conjunction with the regulations for specific zoning districts in section 16-104. The development director may permit a use not listed in this Code, provided the use is of the same general type as the uses permitted in a particular zoning district by this Code. The key to the table is as follows:

P = Permitted Use — Use is permitted by right subject to all other applicable standards.
Use Not Permitted — A blank cell in the table indicates a use is not permitted in the zoning district.

C1 = Conditional Use Level 1 — Permitted uses that involve onsite development issues and may have impacts on adjacent properties and public infrastructure. The review process requires staff review of a site development plan and a public hearing before the planning commission.

C2 = Conditional Use Level 2 — Permitted uses that because of the magnitude and/or location will have impacts on adjacent properties and public infrastructure. The review process requires staff review of a site development plan and public hearings before the planning commission for a recommendation of conditions for approval and to the town council for approval of final conditions.

C3 = Conditional Use Level 3 — Uses that because of their magnitude and/or location will have impacts on adjacent properties and beyond and significant impacts on public infrastructure. The review process requires staff review of a site development plan, a public hearing before the planning commission, and approval of use by the town council.

Land Use Legend — AG = Agriculture, R-1 = Single Family Dwelling, R-2 = Single Family Dwelling 2.5, R-3 = Single Family Dwelling, R-4 = Single Family Dwelling .5, RMF = Multi Family Dwelling, MH-1 = Mobile Home Park, C-1 = Highway Commercial, C-2 = Limited Commercial, M-1 = Industrial, PI = Public Institutional, Park = Park Land.

Table 16-103.1(A)
Table of Land Uses

Conditional Uses
Those uses that, due to surrounding land uses, characteristics of the activity, location of the property, and off-site impacts on the community, require submission of a site development plan for planning commission review and may require town council review and approval.

Establishment of Conditions
For a C1 use, the planning commission may place conditions upon the establishment, location, construction, design, character, scale, maintenance, or manner of operation of the use as in their judgment may be reasonably necessary to prevent the use from being detrimental to the other permitted land uses adjacent to or in the surrounding area of the conditional use, and for the protection of the public interest and welfare. For a C2 and C3 uses, the planning commission shall recommend to the town council such conditions as it believes necessary and appropriate to mitigate negative impacts. The town council may approve conditions, including but not limited to those recommended by the planning commission, for a C2 use. The town council may approve, approve with conditions, including but not limited to those recommended by the planning commission, or disapprove a C3 conditional use.

Status, Duration and Changes to Conditional Use
A conditional use granted under categories C1 and C2 shall run with the land and is not affected by changes of tenancy, ownership, or management. Major changes to the conditional use shall require a new conditional use application and approval. A conditional use granted under C3 shall be approved for the benefit of the applicant only and the character or benefit of the conditional use shall not be changed or transferred without a new conditional use application and approval. Failure to commence construction or regular business operation within 12 months of the effective date of the adoption of a conditional use shall be grounds for the town to repeal or modify the conditional use.

(Ord. No. 2013-12, § 1, 6-3-2014)

The following zoning designations are hereby established within the town:

(1)

Very low density single-family dwelling district (R-A1).

a.

FLUM designation. Residential Lands-1.

b.

Purpose. To provide the opportunity for the development of large conventional single-family homes on larger sized lots, a minimum of 40,000 square feet, in appropriate areas of the town, compatible with existing development, and in conformance with the provisions of the comprehensive plan, including density limitations.

c.

Permitted principal uses and structures. Uses permitted in this district are detailed in the table of land uses in section 16-103.1.

d.

Accessory uses. Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. section 16-176 contains detailed guidance and regulations for permitted accessory uses.

1.

Restoring of vehicles only may be permitted only within an enclosed building in a residential zoning district. Repairing of vehicles and the storage of inoperable vehicles shall not be permitted on lots and yards in residential districts. A maximum of three inoperable vehicles may be stored within an enclosed building on a residential lot.

2.

In-law units/garage apartments/cottages. These uses are permitted as an accessory use pursuant to the requirements of section 16-176.

3.

Clubhouses and similar facilities are permitted within platted subdivisions on parcels retained by the developer or dedicated to and maintained by a homeowners' association. Appropriate development standards will be determined by the development director.

4.

Private golf courses are permitted in conjunction with platted subdivisions of 25 lots or more.

5.

Compatible short-term agricultural activities; public or semi-public uses, low-intensity recreational uses; and appropriate water-dependent/water-related/water-enhanced uses.

e.

Development standards.

1.

Development standards for uses in this district are detailed in the table of development standards in section 16-103.1. Specifically, standards are established, as applicable, for maximum density; minimum lot size; minimum lot width; minimum lot depth; minimum floor area; floor area ratio; setbacks; maximum lot coverage; and maximum building height. (Add a column in chart A-1 design standards as follows: R-A1 single-family/min. lot area 20,000 sf/min. lot width 120 ft./min. floor area 1,980 sf/floor area ratio (FAR) NA/max density 1 du/ac/min. front yard 35 ft./min. side yard 12 ft./Min. rear yard 30 ft./max height 35 ft.)

2.

All single-family detached homes must meet the requirements for a two-car garage, driveway, landscaping, and irrigation for as outlined in section 16-175.

(2)

Low density single-family dwelling district (R-1).

a.

FLUM designation. Residential Lands-1.

b.

Purpose. The purpose of the R-1 low density single-family dwelling district is to provide for the low density residential needs of residents who desire areas with smaller lots than the RA-1 districts, a minimum of 12,000 square feet.

c.

Permitted principal uses and structures. Uses permitted in this district are detailed in the table of land uses in section 16-103.1.

d.

Accessory uses. Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. section 16-176 contains detailed guidance and regulations for permitted accessory uses.

1.

Restoring of vehicles only may be permitted only within an enclosed building in a residential zoning district. Repairing of vehicles and the storage of inoperable vehicles shall not be permitted on lots and yards in residential districts. A maximum of three inoperable vehicles may be stored within an enclosed building on a residential lot.

2.

In-law units/garage apartments/cottages are permitted as an accessory use pursuant to the requirements of section 16-176.

3.

Clubhouses and similar facilities are permitted within platted subdivisions on parcels retained by the developer or dedicated to and maintained by a homeowners' association. Appropriate development standards will be determined by the development director.

4.

Private golf courses are permitted in conjunction with platted subdivisions of 25 lots or more.

5.

Compatible short-term agricultural activities; public or semi-public uses, low-intensity recreational uses; and appropriate water-dependent/water-related/water-enhanced uses.

e.

Development standards.

1.

Development standards for uses in this district are detailed in the table of development standards in section 16-103.1. Specifically, standards are established, as applicable, for maximum density; minimum lot size; minimum lot width; minimum lot depth; minimum floor area; floor area ratio; setbacks; maximum lot coverage; and maximum building height.

2.

All single-family detached homes must meet the requirements for a two-car garage, driveway, landscaping, and irrigation for as outlined in section 16-175.

(3)

General single-family dwelling district (R-2).

a.

FLUM designation. Residential Lands-2.5.

b.

Purpose. The general single family dwelling district (R-2) is intended to provide for a stable and sound family residential environment with its appropriate neighborhood related urban utilities, facilities, and services. Through this district, a relatively low-density urban residential development will be permitted through the construction and occupancy of single-family dwellings on large urban lots, a minimum of 10,000 square feet.

c.

Permitted principal uses and structures. Uses permitted in this district are detailed in the table of land uses in section 16-103.1.

d.

Accessory uses. Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. section 16-176 contains detailed guidance and regulations for permitted accessory uses.

1.

Restoring of vehicles only may be permitted only within an enclosed building in a residential zoning district. Repairing of vehicles and the storage of inoperable vehicles shall not be permitted on lots and yards in residential districts. A maximum of three inoperable vehicles may be stored within an enclosed building on a residential lot.

2.

In-law units/garage apartments/cottages are permitted as an accessory use pursuant to the requirements of section 16-176.

3.

Clubhouses and similar facilities are permitted within platted subdivisions on parcels retained by the developer or dedicated to and maintained by a homeowners' association. Appropriate development standards will be determined by the development director.

4.

Private golf courses are permitted in conjunction with platted subdivisions of 25 lots or more.

5.

Compatible short-term agricultural activities; public or semi-public uses, low-intensity recreational uses; and appropriate water-dependent/water-related/water-enhanced uses.

e.

Development standards.

1.

Development standards for uses in this district are detailed in the table of development standards in section 16-103.1. Specifically, standards are established, as applicable, for maximum density; minimum lot size; minimum lot width; minimum lot depth; minimum floor area; floor area ratio; setbacks; maximum lot coverage; and maximum building height.

2.

All single-family detached homes must meet the requirements for a two-car garage, driveway, landscaping, and irrigation for as outlined in section 16-175.

(4)

Single-family dwelling district (R-3).

a.

FLUM designation. Residential Lands-2.5

b.

Purpose. The single-family dwelling district (R-3) is intended to provide for a stable and sound family residential environment with its appropriate neighborhood related urban utilities, facilities, and services. Through this district, a relatively low-density urban residential development will be permitted through the construction and occupancy of single-family dwellings on large urban lots, a minimum of 8,800 square feet.

c.

Permitted principal uses and structures. Uses permitted in this district are detailed in the table of land uses in section 16-103.1.

d.

Accessory uses. Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. section 16-176 contains detailed guidance and regulations for permitted accessory uses.

1.

Restoring of vehicles only may be permitted only within an enclosed building in a residential zoning district. Repairing of vehicles and the storage of inoperable vehicles shall not be permitted on lots and yards in residential districts. A maximum of three inoperable vehicles may be stored within an enclosed building on a residential lot.

2.

In-law units/garage apartments/cottages are permitted as an accessory use pursuant to the requirements of section 16-176.

3.

Clubhouses and similar facilities are permitted within platted subdivisions on parcels retained by the developer or dedicated to and maintained by a homeowners' association. Appropriate development standards will be determined by the development director.

4.

Private golf courses are permitted in conjunction with platted subdivisions of 25 lots or more.

5.

Compatible short-term agricultural activities; public or semi-public uses, low-intensity recreational uses; and appropriate water-dependent/water-related/water-enhanced uses.

e.

Development standards.

1.

Development standards for uses in this district are detailed in the table of development standards in section 16-103.1. Specifically, standards are established, as applicable, for maximum density; minimum lot size; minimum lot width; minimum lot depth; minimum floor area; floor area ratio; setbacks; maximum lot coverage; and maximum building height.

2.

All single-family detached homes must meet the requirements for a two-car garage, driveway, landscaping, and irrigation for as outlined in section 16-175.

(5)

Low-medium density single-family dwelling district (R-4).

a.

FLUM designation. Residential Lands-3.5

b.

Purpose. The low-medium single-family dwelling district (R-4) is intended primarily for low to mid-density urban single-family residential development. The minimum lot size is 7,400 square feet.

c.

Permitted principal uses and structures. Uses permitted in this district are detailed in the table of land uses in section 16-103.1.

d.

Accessory uses. Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. section 16-176 contains detailed guidance and regulations for permitted accessory uses.

1.

Restoring of vehicles only may be permitted only within an enclosed building in a residential zoning district. Repairing of vehicles and the storage of inoperable vehicles shall not be permitted on lots and yards in residential districts. A maximum of three inoperable vehicles may be stored within an enclosed building on a residential lot.

2.

In-law units/garage apartments/cottages are permitted as an accessory use pursuant to the requirements of section 16-176.

3.

Clubhouses and similar facilities are permitted within platted subdivisions on parcels retained by the developer or dedicated to and maintained by a homeowners' association. Appropriate development standards will be determined by the development director.

4.

Private golf courses are permitted in conjunction with platted subdivisions of 25 lots or more.

5.

Compatible public or semi-public uses, low-intensity recreational uses; and appropriate water-dependent/water-related/water-enhanced uses.

e.

Development standards.

1.

Development standards for uses in this district are detailed in the table of development standards in section 16-103.1. Specifically, standards are established, as applicable, for maximum density; minimum lot size; minimum lot width; minimum lot depth; minimum floor area; floor area ratio; setbacks; maximum lot coverage; and maximum building height.

2.

All single-family detached homes must meet the requirements for a two-car garage, driveway, landscaping, and irrigation for as outlined in section 16-175.

(6)

Single-family modular dwelling district (R-5).

a.

FLUM designation. Residential Lands-3.5

b.

Purpose. The medium single-family modular dwelling district (R-5) is intended for mid-density urban single-family residential development. The purpose of the R-5 modular dwelling district is to provide areas within the town for modular homes; to designate those uses and services deemed appropriate and proper for location and development within said zoning district; and to establish such development standards and provisions as are necessary to ensure proper development in a medium-density, modular dwelling, and residential environment. It is intended that the maximum residential density within the district shall be six dwelling units per acre of land. The minimum lot size is 6,000 square feet.

c.

Permitted uses and structures. Uses listed in the table of land uses in section 16-103 with a "P" in the table. Uses may be permitted following the review of the development director to ensure compliance with the requirements of the land development code.

d.

Modular dwelling districts may be permitted in specified areas of town, under regulations provided herein, and only after plans are submitted to and approved by the town council. It is recognized that the town elects to maintain and promote its present traditional, conventional single-family land use pattern.

1.

Minimum lot requirements. See table of development standards in section 16-103.

2.

Other development standards. Modular homes may only be built in approved single-family modular dwelling districts. Any application for the use of a parcel of land for a modular dwelling district shall be submitted to the town council for consideration. Such application shall show:

(a)

The legal description of the land proposed to be used.

(b)

A drawing of the site made to scale, showing intended use and location of existing characteristics, drives, drainage, utilities.

(c)

A statement that all provisions of this section are complied with.

(d)

The town council may at the same meeting approve or deny such application as submitted, or may grant approval conditioned on alterations to conform to specific development requirements or town land use objectives as established in this article.

e.

Accessory uses. Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 16-176 contains detailed guidance and regulations for permitted accessory uses.

1.

Minor maintenance of motor vehicle is allowed, however, restoring and repairing of vehicles and the storage of inoperable vehicles shall not be permitted on lots and yards in this residential district.

2.

In-law units/garage apartments/cottages are not permitted.

3.

Clubhouses and similar facilities are permitted within platted subdivisions on parcels retained by the developer or dedicated to and maintained by a homeowners' association. Appropriate development standards will be determined by the development director.

4.

Private golf courses are permitted in conjunction with platted subdivisions of 25 lots or more.

5.

Compatible public or semi-public uses, low-intensity recreational uses; and appropriate water-dependent/water-related/water-enhanced uses are permitted.

f.

Development standards.

1.

Development standards for uses in this district are detailed in the table of development standards in section 16-103.1. Specifically, standards are established, as applicable, for maximum density; minimum lot size; minimum lot width; minimum lot depth; minimum floor area; floor area ratio; setbacks; maximum lot coverage; and maximum building height.

2.

All single-family detached homes must meet the requirements for a two-car garage, driveway, landscaping, and irrigation for as outlined in section 16-175.

(Ord. No. 2013-11, § 1, 12-3-2013; Ord. No. 2017-02, 1(Exh. A), 3-7-2017)

Editor's note— Ord. No. 2013-11, § 1, adopted December 3, 2013, repealed and replaced § 16-104 in its entirety. Former § 16-104 pertained to AG agricultural district, and was derived from Land Development Code 1995, § 2.02.01.

Editor's note— Ord. No. 2013-11, § 1, adopted December 3, 2013, renumbered § 16-105 as § 16-104(3). Former § 16-105 pertained to R-1 single-family dwelling district, and was derived from Land Development Code 1995, § 2.02.03.

The purpose of the RMF multifamily dwelling district is to provide areas for single-family, duplex and multifamily dwelling uses with a higher density standard and lower restrictive regulations than single-family districts. Permitted principal uses are as provided in chart A in section 16-103.

(Land Development Code 1995, § 2.02.04; Ord. No. 2014-03, § 1, 7-1-2014)

(a)

FLUM designation. Residential lands medium.

(b)

Purpose. The purpose of the RMF multifamily dwelling district is to provide areas within the town for mobile home parks; to designate those uses and services deemed appropriate and proper for location and development within said zoning district; and to establish such development standards and provisions as are necessary to ensure proper development in a medium-density, mobile home, residential environment. It is intended that the maximum residential density within the district shall be six dwelling units per acre of land.

(c)

Permitted uses and structures. Uses listed in the table of land uses in section 16-103 with a "P" in the table. Uses may be permitted following the review of the development director to ensure compliance with the requirements of the land development code.

(1)

Mobile home parks may be permitted in specified areas of town, under regulations provided herein, and only after plans are submitted to and approved by the town council. It is recognized that the town elects to maintain and promote its present traditional, conventional single-family land use pattern.

(d)

Accessory uses and structures. As set forth in section 16-176.

(e)

Reserved.

(f)

Minimum lot requirements. See table of development standards in section 16-103.

(g)

Other development standards. Mobile homes may only be installed in approved mobile home parks. The following additional provisions apply:

(1)

Any application for the use of a parcel of land for a mobile home park shall be submitted to the town council for consideration. Such application shall show:

a.

The legal description of the land proposed to be used;

b.

A drawing of the site made to scale, showing intended use and location of existing characteristics, and drives, drainage, utilities, owner's name and address; and

c.

That all provisions of this section are complied with. The town council may at the same meeting approve or deny such application as submitted, or may grant approval conditioned on alterations to conform to specific development requirements or town land use objectives as established in this article.

(2)

Filing fee. A fee shall be set by resolution of the town council.

(3)

A permit may be issued for temporary use of an individual mobile home unit for other than residential purposes, such as for office or watchman quarters during construction, provided that such temporary period shall not exceed six calendar months in any 18-month period.

(4)

Mobile home parks may be permitted in any MH district legally established by the town council, provided that:

a.

Land area. Land area shall have a width of at least 200 feet, and a net area of three acres or more, developed to a density of not more than four units per net acre.

b.

Streets and drives. All internal drives or streets shall be named and marked, paved to a width of at least 18 feet, with approved paved surfacing. All such streets shall be private drives, and no such street or drive shall be or become a maintenance responsibility of the town; however, any such street or drive may be dedicated as a public or private utility easement.

c.

Each mobile home lot shall provide vehicular access to a common street or drive.

d.

Every street or drive shall be provided with surface drainage facilities to collect and exit drainage in conformance with the requirements of the town council.

e.

All drives shall be lighted in accordance with the requirements of the town council.

f.

No mobile home park street or drive shall enter a public street nearer than 150 feet to a public street intersection on the same side of the street.

g.

The developer shall be responsible for the provision of all utilities. Each mobile home shall be provided with connections to potable water supply approved by the town council, and to a sanitary sewer system approved by the state and county. Both systems shall be installed in accordance with the town plumbing code. Any metered town-owned utility shall be served by not more than one meter.

h.

Electrical installations shall provide connections for energy to each mobile home lot and be installed according to the town electrical code.

i.

All wired utilities shall be installed by way of underground lines, and no overhead or aerial wiring shall be permitted. Each mobile home park shall be served by a central television antenna system.

j.

Garage and waste facilities shall be provided, either by covered containers not to exceed 30-gallon capacity for each mobile home; or the owner may provide for mechanical or centralized collectors adequate to serve several or all mobile homes. Such central collectors shall meet all requirements of the town or franchised refuse collection system.

k.

All park plumbing, including toilets, showers, sinks, laundry equipment, or other, shall be installed according to the town plumbing code. Every mobile home shall be equipped with a toilet and bathing facilities.

l.

Every mobile home park development shall provide a laundry building which contains laundry equipment and a sufficient number of mechanical dryers to adequately serve all units. Drying yards or swimming pools shall be concealed from all public streets and adjoining property, and located at least 50 feet from any property line.

m.

Mobile home additions, such as covered patios, rooms, carports, or other roofed space shall:

1.

Be limited to one story in height, not longer than the mobile home;

2.

Conform structurally to the town building code;

3.

Contain no kitchen facilities; and

4.

When added to the mobile home floor area, not cover more than 40 percent of the lot area.

n.

Every mobile home park shall provide yard area of not less than 20 feet between any structure and right-of-way line or property line.

o.

A masonry or wood fence, or planting shield, shall be provided and maintained between any mobile home park and adjacent property or public right-of-way. Any required fence or planting shield shall be at least five feet high, but not more than eight feet high within one year from installation, and shall be of such density to materially break off direct view horizontally through it.

p.

Every mobile home park shall be equipped with a fire hydrant located within 300 feet of every mobile home, and/or fire extinguishers in good working order of types, number, and location as required by the fire chief of the county.

q.

In order to provide safety, each mobile home shall meet applicable state standards and any special regulations adopted by the town.

(Land Development Code 1995, § 2.02.05; Ord. No. 2008-03, § 1, 3-4-2008; Ord. No. 2014-03, § 1, 7-1-2014)

(a)

Scope, purpose and permitted uses. This section applies to the C-1 commercial district. The purpose of the C-1 commercial district is to:

(1)

Provide for commercial uses of land and buildings along certain highway frontage in a manner that will recognize its economic utility in servicing the motoring public;

(2)

Establish certain criteria to promote traffic safety in such service; and

(3)

Minimize any adverse effect of such commercial uses on adjoining residential or agricultural districts.

Permitted principal uses are as provided in Table 16-103.1(A), table of land uses.

(b)

Special exception uses.

(1)

Mobile home structures for temporary offices, not to exceed six months in any 18-month period.

(2)

Tents and temporary buildings, not to exceed six months in any 18-month period.

(c)

Prohibited uses.

(1)

New single-family residence use.

(2)

Adult entertainment establishments; also see section 18-1.

(3)

Adult retail establishments (books, movies, etc.)

(4)

Hazardous waste treatment, transfer, storage, etc.

(5)

Landfill, scrap, junk, salvage yard, etc.

(6)

Manufacture and/or storage of explosive and volatile materials

(d)

Yard and building requirements and height limitations. See chart A-1 in section 16-103.

(Land Development Code 1995, § 2.02.06; Ord. No. 2014-03, § 1, 7-1-2014)

(a)

Scope, purpose and permitted uses. This section applies to the C-2 neighborhood commercial district. The purpose of the C-2 district is to provide areas for development of land for all legal retail product sales and services normally located in a central business area. It is intended to include all uses expressly permitted, and those implied which are conducive to commercial center development, primarily to meet the local neighborhood shopping and personal service needs of the surrounding residential area, typically within a one-half mile radius, and to include multi-family residential in a mixed use with neighborhood commercial uses, but to exclude the normal industrial, warehousing, storage and such uses which do not blend with and add to the business activities of retailing of goods and services. Permitted principal uses are as provided in Table 16-103.1(A), table of land uses. Additional uses and standards are enumerated below.

(1)

Grocery stores with each store limited to 22,000 square feet of total floor area. Up to ten percent of additional square footage may be approved by the town council during the site plan approval process.

(2)

Retail/commercial stores for sale of merchandise, directly to the ultimate consumer only, with each use limited to 10,000 square feet of total floor area per establishment, and limited to the following: Hardware, bakery, dairy, meat market, bookstore, newsstand, florist, gift/card shop, sundries, tobacco products, furniture. antique stores, clothes and shoes, jewelry, arts and crafts, pet stores, and picture framing shop.

(3)

Personal and business services with each use limited to 2,500 square feet of total floor area per establishment and limited to the following: travel agency, barbershop, beauty shop, shoe repair, postal facilities, consumer electronics repair and small appliance repair, tailoring and alterations, laundromat open not earlier than 7:00 a.m. and not later than 11:00 p.m., dry cleaning establishment for direct service to customers and with no on-site cleaning facilities, restaurants, and dog groomers.

(4)

Mixed neighborhood commercial uses with residential at a density of up to 9.99 dwelling units per acre, located primarily on the upper floors of two- and three-story structures with ground floor neighborhood commercial stores and businesses.

(5)

Pack and ship/print shop limited to 2,500 square feet of gross area per establishment.

(6)

Offices such as the following, limited to 20,000 square feet per establishment: professional, business offices, medical or dental offices or clinics.

(7)

Banks and financial institutions, including drive-through facilities, limited to 20,000 square feet per establishment.

(8)

Indoor commercial recreation uses limited to martial arts, dance studios, and gyms. There shall be a maximum of 2,500 square feet of total floor area per establishment and no more than one per commercial center.

(9)

Nursery school or child center subject to the following standards:

a.

Building shall be located at least 25 feet from any R zoned lands and provide an adequate buffer of either a solid masonry wall or five-foot wide compact evergreen hedge not less than five feet in height.

b.

At least one completely fenced and secure play lot shall be established, maintained. and used for children at play. The fence shall be not less than five feet in height.

c.

Play lots located closer than 25 feet to the lot line shall be screened by an opaque fence or wall or compact evergreen hedge not less than five feet in height.

(b)

Accessory uses permitted. Any use normally considered to be clearly incidental and secondary to the permitted use.

(c)

Special exception uses. The board of zoning adjustment may permit as a special exception use after a public hearing:

(1)

Any use which the building inspector determines and states in writing to be questionable as to whether or not it is permitted.

(2)

Any church or church uses.

(d)

Prohibited uses.

(1)

Any use not specifically permitted.

(2)

Any use which is primarily for storage or warehousing of goods or products for delivery to retailers.

(3)

Any warehousing operation, either within a building or in open yards where the product stored is stored for a fee for others, or for delivery to retailers.

(4)

All manufacturing, assembly or fabrication of parts. This includes commercial printing, except small offset or duplication operation employing not more than four persons; it includes all enterprises designated as manufacturing by a Standard Industrial Classification (SIC) code number assigned by the U.S. Commerce Department.

(5)

New single-family detached residential use.

(6)

Adult entertainment establishments; also see section 18-1.

(7)

Adult retail establishments (books, movies, etc.)

(8)

Hazardous waste treatment, transfer, storage, etc.

(9)

Landfill, scrap, junk, salvage yard, etc.

(10)

Manufacture and/or storage of explosive and volatile materials

(11)

Sales, display, or storage of used merchandise other than antiques.

(12)

Sale and dispensing of automobile fuel.

(13)

Medical marijuana dispensing facilities.

(e)

Yard and building requirements and height limitations. See chart A-1 in section 16-103.

(f)

Limitations of uses and structures.

(1)

Except for automobile parking lots and play areas of day nurseries of public and private schools all activities of permitted uses, including sale, display, preparation, and storage, shall be conducted entirely within a completely enclosed building.

(2)

Overhead doors or other openings larger than eight feet in width shall not be located on the front or immediate street side elevations of buildings. If oriented toward contiguous residentially zoned land said opening shall be screened with an appropriate buffer.

(g)

Drive-through standards. Drive-through facility or use with drive-through service shall comply with the development standards of the zoning district and the general development standards and this section

(1)

Restaurants and retail establishments, such as drug stores and pharmacies, shall provide not less than five stacking spaces at or behind the menu board.

(2)

Financial institutions shall provide not less than three stacking spaces at or behind the pneumatic tube for the drive-through.

(3)

Drive-through stacking lanes shall be delineated from other vehicular use areas by means of a landscaped divider median. Stacking lanes may include part of the drive aisles in a parking area.

(4)

Drive-through lanes that obstruct the pathway between parking areas and entries into the building shall be designed with a pedestrian crossing that is delineated by landscaping, curbing, raised or decorative pavement, and signage.

(5)

Where a drive-through lane intersects a public or private sidewalk, the sidewalk pavement shall be continued through the driveway to clearly delineate the pedestrian network. The maximum width of a driveway shall be 24 feet at the intersection of a public sidewalk.

(6)

Hours of operation. When the drive-through facility abuts a residential use or neighborhood zoning district, drive-through services shall be prohibited between the hours of 12:00 a.m. and 6:00 a.m. weekdays and between 1:00 a.m. and 6:00 a.m. on Saturday and Sunday.

(7)

Location. Drive-through facilities shall be located to take advantage of the first available alternative in the following prioritized list:

a.

Interior side or rear yard when the either yard abuts a nonresidential use;

b.

Street side yard when the interior side and rear yard abut an existing residential use or a neighborhood zoning district, or when abutting a nonresidential use, the interior side and rear yard are impractical due to the lot's physical constraints or concerns regarding vehicle and pedestrian safety.

(8)

Lighting shall be shielded to prevent spillover into adjacent or abutting residential uses.

(h)

Parking and vehicular access. Applicants for new developments or significant redevelopment of site(s) may examine the feasibility of using shared parking arrangements. The town council may approve a shared parking plan for a mixed use or strip center development project.

(1)

Shared parking arrangements may be considered when the number of parking spaces requested by the developer/applicant is more than ten percent higher or more than ten spaces higher than the minimum number of parking spaces required by section 16-72, for a site or use, whichever is greater.

(2)

The minimum number of parking spaces for a mixed-use or strip center development or where shared parking strategies are proposed shall be determined by a study prepared by the applicant following the procedures of the Urban Land Institute Shared Parking Report. ITE Shared Parking Guidelines, or other approved procedures. A formal parking study may be waived for small developments where there is established experience with the land use mix and its impact is expected to be minimal.

(3)

To minimize the number of driveway access points accessible to the highway, shared vehicular access between adjacent and abutting properties must be provided where feasible.

(i)

Landscaping. Landscape plans shall comply with section 16-335 of the Land Development Code.

(j)

Blank walls. To create visual interest for pedestrians, safety, and more compelling commercial spaces to encourage business, windows are required at the street level in neighborhood commercial zones. Blank walls, walls without items such as windows or doors or other similar features, cannot exceed 20 feet in width.

(Land Development Code 1995, § 2.02.07; Ord. No. 2014-03, § 1, 7-1-2014; Ord. No. O-21-17, § 1, 9-7-2021)

The purpose of the M-1 industrial district is to provide for land uses which are primarily for production, manufacturing, wholesaling, and storage enterprises. Permitted principal uses are as provided in Table 16-103.1(A), table of land uses.

(1)

Prohibited uses.

a.

New single-family residence use.

b.

Adult entertainment establishments; also see section 18-1.

c.

Adult retail establishments (books, movies, etc.)

d.

Hazardous waste treatment, transfer, storage, etc.

e.

Landfill, scrap, junk, salvage yard, etc.

f.

Manufacture and/or storage of explosive and volatile materials

(2)

Yard and building requirements and height limitations. See chart A-1 in section 16-103.

(Land Development Code 1995, § 2.02.08; Ord. No. 2014-03, § 1, 7-1-2014)

Editor's note— Ord. No. O-21-30, § 1, adopted Dec. 7, 2021, repealed § 16-111, which pertained to PUD Planned Unit Development and derived from Land Development Code 1995, § 2.02.09.

The purpose of this district is to provide flexible land use and design regulations and to allow planned diversification and integration of uses and structures, while retaining to the town the authority to establish limitations and regulations thereon for the benefit of the public health, safety, and welfare. It is the intent of the planned unit development (PUD) processes to reduce improvement costs through a more efficient use of land, to preserve natural amenities and environmental assets by permitting a more economical and concentrated use of building areas, to provide maximum opportunity for the application of innovative concepts and generally more flexibility for sound planning than may be achieved in other zoning districts. This district is a "floating" district which is not placed on the official zoning map of the town until application is made and a rezoning and plan of development are approved by the town council in accordance with the requirements of this division.

(Ord. No. O-21-30, § 1, 12-7-2021)

(a)

A PUD may be required for any unified development of 50 or more lots or dwelling units. An applicant for such development may request that the development director determine whether or not to require PUD review and approval based on the project's location, size, site features, and other existing and proposed developments in the vicinity of the proposed project.

(b)

A PUD may be requested for any development of at least two acres.

(Ord. No. O-21-30, § 1, 12-7-2021)

(a)

In general. The following steps shall be followed to request a change in zoning to PUD (planned unit development) based upon an approved development plan. A PUD zoning map amendment shall not be established unless and until an associated development plan is approved by the town council.

(b)

Referral to planning commission. After receipt of the application and confirmation that said application is consistent with the comprehensive plan, the development director shall refer the application and written comments to the planning commission for consideration. The development director shall ensure the application is placed on the planning commission agenda for a public hearing and that due public notice thereof is published in accordance with this Code, including written notice by mail. Written notice by certified mail must be made by the property owner or by the owner's agent to all abutting and adjoining property owners at least 15 days prior to the planning commission hearing with an affidavit submitted to the development director or town staff verifying the owners were properly noticed.

(c)

Review by planning commission. The planning commission shall review same for compliance with this Code and, after a hearing with due public notice, the development director shall forward in writing the planning commission's recommendations to the town council with respect to the application. These recommendations shall include a statement as to the compliance of the development plan with each of the standards found in section 16-115 and any changes suggested by the planning commission to carry out the intent of this article, the Code and the comprehensive plan.

(d)

Review and final action by the town council. The development director shall place the PUD application on the town council's agenda for final consideration at a public hearing and shall publish due public notice thereof in accordance with the Code. The town council, after considering the planning commission's recommendations and the materials in the application, may by ordinance amend the zoning district to PUD and by separate order approve, or approve with conditions the development plan, including the PUD concept plan and development standards; or it may deny the application, in which case it shall take no further action on another application for substantially the same proposal, on the same site, until 12 months after the date of the prior denial.

(Ord. No. O-21-30, § 1, 12-7-2021)

(a)

Generally. A PUD shall be permitted only upon an order of the town council approving the development plan which includes approval of the PUD concept plan and development standards. No PUD development plan shall be approved unless it complies with the eligibility standards in this division and all relevant provisions in this Code.

(b)

Standards that may be varied. Development standards that depart from certain standards of this Code may be proposed and approved through the PUD process in consideration of unique, innovative, and superior project design. Where not specified in the PUD, the applicable standards of this Code shall apply. Standards that may be varied shall include the following:

(1)

Setbacks.

(2)

Lot coverage.

(3)

Height.

(4)

Landscaping.

(5)

Internal buffering.

(6)

Off-street parking.

(7)

Signage.

(c)

Standards that may not be varied. The following standards may not depart from the requirements of this Code or of the comprehensive plan:

(1)

All standards and requirements of the comprehensive plan including but not limited to use, density, and intensity.

(2)

Concurrency.

(3)

Utilities.

(4)

Subdivision design.

(5)

Environment and natural resource protection.

(6)

Historic preservation.

(7)

Flood resistant development.

(8)

Building codes.

(d)

Standards applicable to all PUDs. The following development standards shall apply to all PUDs and must be identified in the development plans and standards for the project:

(1)

Neighborhood amenities. Residential PUD developments shall be planned as neighborhoods and shall include provisions for the development of other nonresidential uses such as schools, recreation/open space, and/or public facilities and the designation of areas for neighborhood commercial uses provided that these activities are compatible with the adjacent land uses. One or more of these amenities planned to serve the entire development shall be substantially completed prior to the issuance of building permits of more than 40 percent of the total number of authorized dwelling units in the development. As an alternative, the applicant may post a bond, letter of credit, or other security acceptable by the town equal to the cost of completion of such amenities prior to the issuance of building permits of more than 40 percent of the total number of authorized dwelling units.

Common area, recreation facilities, and other neighborhood amenities planned to serve a phase of a multi-phased development shall be completed prior to the issuance of building permits or the recording of any final plat within that phase. As an alternative, the applicant may post a bond, letter of credit, or other security acceptable by the town equal to the cost of completion of such amenities prior to the issuance of building permits or the recording of any final plat within that phase.

(2)

Compatibility. The proposed PUD shall be sensitive to the context of its surroundings and be compatible with existing adjacent uses and uses allowable in adjacent zoning districts. Compatibility shall be based on the following factors:

a.

The existing development pattern, considering the street system, lot size, dimension, layout, and blocks.

b.

The scale and dimensions of buildings, considering height, length, and overall mass.

c.

Density and housing type for residential development.

d.

Intensity of nonresidential uses, as measured by floor area ratio.

e.

Extent, location, and design of off-street parking.

f.

Amount, location, design, and direction of outdoor lighting.

g.

The extent, type, and location of open space and civic space.

h.

The location of accessory structures such as dumpsters, recreational equipment, swimming pools, or other structures likely to generate negative impacts such as noise, lights, or odors.

(3)

Open space in residential developments. Open space and recreation space shall be provided and shall be adequate in size and location to serve the residents of the planned development, and excess open space to be set aside shall be dedicated to an approved public entity to allow for an overall plan for clustering or clustering of development to the upland portions of the site to preserve site development rights.

(4)

Access. An application for PUD development may be approved only where the property proposed for development abuts, has paved access or proposes to construct paved access to a paved roadway.

(5)

Project phasing. A PUD may be developed in one or more phases and may allow for the future submittal of site plans and/or preliminary plats which shall be subject to the review requirements of this Code and the standards of the approved PUD. However, no subdivision of a PUD shall be permitted until subdivision approval for the portion or portions of the site being subdivided has been granted in accordance with article IV of this chapter.

(6)

Concurrent reviews of subdivisions and site plans. Site plans and/or preliminary plats that are contained within a PUD may be reviewed concurrently with a PUD development plan, subject to the review requirements of this Code and the standards of the PUD.

(7)

Density. Within any PUD density shall be consistent with the comprehensive plan. Density shall be reviewed based on the entire site if the other provisions of this article are followed.

(8)

Conservation. The natural topography, soils, and vegetation on the site shall be preserved and utilized, where possible, through the careful location and design of circulation ways, buildings and structures, parking areas, recreation areas, open space, and drainage facilities, including the setback of all buildings and structures from the mean high-water line of any body of water.

(8)

Landscaping. Landscaping consisting of trees, shrubs, vines, ground cover, or any combination thereof shall be installed. Irrigation facilities shall be installed in all open areas. Special attention shall be given to the location and type of planting in and around parking areas, around refuse storage areas and in building setback and separation areas, to achieve proper screening of these areas from occupied buildings and exterior roadways.

(9)

Structure location. The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent land uses or to the existing or prospective development of the internal and external neighborhood.

(10)

Streets. Streets and driveways shall be constructed in accordance with adopted road design and construction specifications and shall provide for the safe and free movement of vehicular traffic, and safe, efficient, and convenient access to land uses within the development and to roadways adjacent to the development. The local, collector and arterial street system must provide adequate access to and through the development, and properly accommodate traffic generated by the development. Local streets shall provide access within the planned development in a manner that will discourage through traffic in residential areas and provide for convenient accessibility to parking areas. Local streets shall be so located that future development will not require their conversion to arterial routes. Collector and arterial streets shall be free of backing movement from adjoining parking areas.

(11)

Parking. Entrances to parking areas shall be easily accessible and identifiable from local streets and drives and shall not interfere with traffic movement on adjoining streets. Public rights-of-way shall not be improved as parking areas. Parking areas shall be surfaced with a durable dustless material designed for pedestrian safety and constructed for long term, low maintenance use. Grassed parking areas may be permitted where frequency of use does not destroy ground cover. Parking areas with permeable surfaces are encouraged to prevent excessive runoff and where soil and water table conditions permit, water conservation and filtration devices shall be provided to reduce runoff and increase percolation.

(12)

Pedestrian facilities. Wherever practicable, all vehicular and pedestrian passageways shall be separated. A system of walkways and bicycle or golf cart paths between buildings, common open spaces, recreation areas, community facilities and parking areas shall be distinctively designed, and adequately lighted where appropriate for nighttime use.

(13)

Utilities. Water systems, sewage systems, stormwater management systems, utility lines and easements shall be provided in accordance with this Code and other applicable regulations. The property proposed for PUD shall only be located in an area where there is adequate infrastructure in existence or where the infrastructure is programmed to be provided as needed to serve the PUD. Where infrastructure would be needed beyond the time frame of current facility programming, the PUD may provide its own infrastructure or may be phased so that future phases can be reviewed against future facility programming prior to final approvals. Where a PUD proposes to provide its own infrastructure, the proposal must indicate that the public facility improvements shall be reviewed and meet the criteria within the capital improvements element of the comprehensive plan.

(Ord. No. O-21-30, § 1, 12-7-2021)

(a)

Contents of a complete application. A complete application shall include the following information.

(1)

Owners and developers. Identification of the present ownership and the developers of all land included in the development.

(2)

Consultants. Identification of the consultants involved in the plan preparation, including engineers, architects, and other technical advisors.

(3)

Applicant's interest. A statement of the applicant's interest in the property to be rezoned PUD, including a copy of the last recorded warranty deed, and:

a.

If joint and several ownerships, a written consent to the rezoning petition by all owners of record.

b.

If a contract purchase, a copy of the purchase contract and written consent of the seller/owner.

c.

If an authorized agent, a copy of the agency agreement or written consent of the principal/owner.

d.

If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that said representative had the delegated authority to represent the entity or, in lieu thereof, written proof that the person is in fact an officer of the corporation.

(4)

Adjacent properties. A complete list of all abutting and adjoining property owners and their mailing addresses, as recorded in the latest official tax rolls at the county property appraiser's office.

(5)

Filing fee. Payment of the filing fee set by the town council to cover administrative expenses, including the costs of advertising.

(6)

Statement by applicant. A statement signed by the applicant under penalty of perjury that the information submitted is true and correct to the best of his knowledge and belief, and that the proposed development shall be in accordance with the provisions of the application and all materials submitted therewith, and with any modifications as may be required.

(b)

Existing conditions maps.

(1)

Location map. A location map showing land use and zoning classifications of parcels within 1,000 feet of the site's perimeter.

(2)

Boundary survey. A boundary survey and legal description of the site reviewed and prepared by a surveyor registered in the state. The survey shall include the location of existing property and right-of-way lines and pavement widths for all private and public property, streets, buildings, watercourses, transmission lines, sewers, bridges, culverts, drainpipes, water mains and public utility easements.

(3)

Features map. A map showing for the site and parcels within 500 feet of the site:

a.

Wooded areas, streams, lakes, wetlands, marshes and any other physical conditions affecting the site; mean high-water elevations shall be shown for each water body, and 100-year floodplain elevations shall be clearly delineated throughout the site.

b.

Existing topographic contours shown at contour interval of one foot.

(4)

Soils. A soils map and detailed soils report based on the findings of a recognized and registered soils expert identifying all soil types and characteristics and the depth of all muck and peat areas.

(5)

Streets and rights-of-way. The location and names of surrounding streets with right-of-way and pavement widths.

(c)

PUD concept plan. A development plan (Sheet size: 24" x 36"). The proposed development plan shall include the following:

(1)

Because the PUD is a mechanism for innovative design and an increased opportunity for preservation of sensitive resources through clustering and provides that all minimum requirements for protection or enhancement of significant natural areas shall be met and exceeded, the applicant must show how the design will exceed these standards.

(2)

A specific delineation of the location, size, and description of each proposed land use component.

(3)

A specific delineation, use, location, size, and staging of development for each common open space, recreational area, and public or semipublic area, with the amount of each open space type expressed as a percentage of the total site area.

(4)

The location of proposed major streets and other vehicular and pedestrian circulation systems, including traffic controls, rights-of-way, and typical cross sections.

(5)

A traffic circulation plan detailing methods of handling high traffic flow areas such as major entrances, and ingress and egress to adjacent public roads or rights-of-way.

(6)

The layout of proposed bike and pedestrian ways with typical cross sections.

(7)

Conceptual landscape plans per the requirements of this Code.

(8)

Conceptual drainage plans that identify locations and dimensions of proposed major drainage facilities and stormwater conveyances.

(9)

Conceptual utilities services plan that identifies the location, size, and specific delineation of sewage treatment plants and water plants, and description of sewage collection systems and water distribution systems.

(10)

Conceptual utilities plans showing existing and proposed utility systems including the proposed location and widths of all utility easements and rights-of-way.

(d)

PUD development standards.

(1)

A statistical table that describes the total site and each component of the site in terms of acreage and percentage of total site area, land uses, number of dwelling units, square feet of all nonresidential buildings, residential density, and other information that is descriptive of the proposal.

(2)

A description of the primary, accessory and, if applicable, prohibited uses for each component of the project.

(3)

Proposed development standards for each component of the project including building setbacks, building coverage, building height, and maximum impervious areas.

(4)

Parking standards for each component and/or land use proposed for the project.

(5)

Special design standards, if any, for each component of the project and for proposed common areas and rights-of-way, such as architectural, sign, enhanced landscaping, and buffering standards.

(6)

The substance of covenants, grants, easements, dedications, or other restrictions to be imposed on the use of the land, buildings, and structures, including proposed easements for public and private utilities.

(7)

A sequence of development for the entire site, including improvements, and any separate phases of the site.

(e)

Transportation plan. An analysis of impacts to public transportation facilities for each phase of development, and a description of anticipated measures or development conditions necessary to address these impacts.

(f)

Utilities plan. Supporting documentation necessary to establish clearly the feasibility of the proposed water, sewage, and storm drainage concepts, including special safeguards to prevent public health hazards or environmental degradation.

(Ord. No. O-21-30, § 1, 12-7-2021)

(a)

In general. A PUD development plan establishes the development standards and conditions applicable to a site. Approval of a PUD development plan does not convey any rights for development. Development shall only occur after site plan, preliminary plat, concurrency, and/or other development approvals and permits, as applicable, consistent with the requirements of the approved PUD, this Code, and the comprehensive plan, have been granted.

(b)

Revocation for deviation from plan. Any unapproved deviation from the approved development plan shall cause the development director to immediately revoke the development plan approval until such time as the deviations are corrected or revisions approved.

(c)

Periodic review. The town council may initiate a review of the PUD and may revise the plan and specifications as needed to protect the public health, safety, or welfare and to ensure compliance with the comprehensive plan and this Code.

(d)

Minor revisions of plan. Changes to an approved development plan that are minor in nature are changes which do not affect the overall character of the PUD. Minor revisions of a PUD development plan may be approved administratively by the development director. The following shall be presumed to be minor revisions: changes in alignment location direction, or length of local streets which do not substantially alter traffic circulation within the project; changes to building setbacks or building heights of not more than 10 percent or changes to accessory uses.

(e)

Substantial revisions of plan. Substantial revisions to an approved development plan are changes which affect the overall character of the PUD. Substantial revisions to a PUD development plan shall require submittal of a new PUD application meeting the requirements of section 16-114 of this Code. The following shall be presumed to be substantial revisions: any changes involving additional acreage or to the dimensions or boundaries of the PUD: any increases in density or intensity; any change in the approved land use(s) including the amount, configuration, and location thereof; any decreases in open space; any proposed principle uses not previously considered; minor street relocation or any change to streets significantly altering the general distribution of traffic; any change affecting a condition of approval made by the town council; changes to building setbacks or building heights of more than ten percent; or any other changes deemed to have a substantial impact to surrounding properties or to public facilities.

(Ord. No. O-21-30, § 1, 12-7-2021)

(a)

Prohibition. Medical marijuana treatment center dispensing facilities are prohibited and shall not be located within the boundaries of the town. The town shall not accept, process or approve any request or application for a development order, building permit or other approval associated with a proposed medical marijuana treatment dispensing facility.

(b)

Definition. For the purposes of this section, the term "medical marijuana treatment center dispensing facility" means any facility where medical marijuana or any product derived therefrom is dispensed at retail.

(c)

Interpretation. This section and the terms used herein shall be interpreted in accordance with F.S. § 381.986 and Ch. 64-4 of the Florida Administrative Code. The intent of this section is to ban medical marijuana treatment center dispensing facilities from being located within the boundaries of the town as authorized by F.S. § 381.986(11).

(Ord. No. 2018-01, § 2, 4-3-2018; Ord. No. O-21-30, § 1, 12-7-2021)

Editor's note— Formerly § 16-112.

No structure or building shall be erected, nor shall any existing building be moved, reconditioned, or altered so as to exceed in height the limit established by this code or amendments thereto, for the district in which such building or structure is located.

(Land Development Code 1995, § 2.01.01)

(a)

Building projections and towers. Any chimney, water, fire, radio and television tower, church spire, dome, cupola, cooling tower, elevator bulkhead, smoke stack, flagpole, parapet wall and similar structures and their necessary mechanical appurtenances must have approval of the town council to be located above the height limits herein established; however the heights of these structures or appurtenances thereto shall not exceed the height limitations set forth by FAA regulations affecting the height.

(b)

Fences, walls, and hedges.

(1)

Within residential zones, fences or walls may be erected, placed or maintained on any lot line or within any rear or side yard if not more than six feet in height, or four feet high in front yard areas, measured from the natural contour of the ground on adjoining lot, or on the particular lot, whichever is lower.

(2)

Where a residential lot abuts nonresidentially zoned property, such fences, walls, or hedges not less than six feet nor more than eight feet in height shall be required.

(3)

Where unusual circumstances indicate a present or potential need of such barrier, the board of zoning adjustment may require a barrier of up to ten feet in height.

(4)

On a corner lot in a residential area no fence, wall, structure, hedge, planting or foliage shall be erected, maintained, or established within 25 feet of the corner which will obstruct the view of a driver of a vehicle approaching a street intersection, and in no case shall such fence, wall, hedge, structure, planting or foliage be of a height greater than four feet above the abutting street level.

(Land Development Code 1995, § 2.01.14)

When a lot or parcel of land has an area of width which does not conform to the lot requirements of the district in which it is located, but the lot or parcel was shown by a plat or unique legal description recorded in the public records of the county dated on or prior to August 1, 1944, such lot or parcel may be used for at least single-family use, or a legal use in the district, providing the minimum yard and percentage of lot coverage are met as nearly as is practicable in the opinion of the board of zoning adjustment.

(Land Development Code 1995, § 2.01.08)

Required setback and yard measurements are established in section 16-103, chart A-1 and shall comply with the following requirements:

(1)

Every part of front, side, and rear yards shall be unoccupied and vacant from the ground upward, except for eaves, trees, shrubs, landscaping materials, driveways, sunken garbage collection containers, and in rear or side yards, accessory buildings as permitted by this chapter.

(2)

On double frontage lots, the required front yard shall be provided on each street.

(3)

Open or enclosed fire escapes, outside stairways and balconies projecting into a minimum yard or court, and the projection of chimneys and flues are permitted into yard areas, but not to exceed 32 inches.

(Land Development Code 1995, § 2.01.11)

Every building or structure hereafter erected shall be located on a lot or tract as defined in section 16-103, chart A-1.

(Land Development Code 1995, § 2.01.05)

When a subdivision or contiguous portions thereof contain platted lots or parcels that do not conform to the area and width requirements of the zoning district in which it is located, and such land is in one contiguous ownership, it shall be incumbent upon the owner to replat such land to conform to the provisions of this chapter before any permit may be issued by the town for any building course of such property for which the existing platting is nonconforming under the provisions of this chapter.

(Land Development Code 1995, § 2.01.09; Ord. No. 2001-005, § 1, 9-4-2001)

No building or structure shall be erected, nor shall any existing building or structure be moved, altered, enlarged or rebuilt, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site requirements and the area and parking space and yard regulations established by this chapter or amendments thereto, for the district in which such building or structure is located. All buildings or structures shall meet the lot coverage requirements established in section 16-103, chart A-1.

(Land Development Code 1995, § 2.01.03)

Where a single lot or parcel which has been recorded in the public records of the county under a certified legal description is divided by a public right-of-way, road, alley or easement, the following standards shall apply:

(1)

Where the land area on each side of the right-of-way meets the minimum size requirements of the applicable zoning district, the property shall be considered two lots for the purposes of this chapter.

(2)

Where the land area on one or both sides of the right-of-way fails to meet the minimum size requirements, then the property shall be considered one lot for the purposes of this chapter. The principal structure shall be located on the larger portion of property.

(3)

No subdivision plat which includes a lot divided by a right-of-way shall be approved unless such lot meets the applicable size requirements on at least one side of the right-of-way.

(Land Development Code 1995, § 2.01.17)

(a)

All buildings or structures shall meet the setback requirements established in section 16-103, chart A-1. Where setback lines have been established on subdivision plats recorded in the records of the county, by ordinance of the town, or by this chapter, from right-of-way lines, such setback lines shall be measured perpendicular to and from the right-of-way line at mid-lot to the front building line.

(b)

If setback lines of a greater depth are required by one or the other of the sources listed in subsection (a) of this section, the most restrictive shall govern.

(c)

No permit shall be issued which would place a new structure closer to a front property line than any existing structures on lots within 100 feet on either side in the same block front.

(Land Development Code 1995, § 2.01.06)

No yard or other open space provided about any building or structure for the purpose of complying with the regulations of this chapter, shall be considered as providing a yard or open space for any other building or structure.

(Land Development Code 1995, § 2.01.04)

Whenever any public right-of-way is vacated and reverts to adjoining property ownership, the zoning regulations applicable to the property to which the former right-of-way is added shall apply to the vacated right-of-way up to the new property line established by the vacating procedure.

(Land Development Code 1995, § 2.01.07)

(a)

Every single-family dwelling, including modular dwellings, shall have a two-car, enclosed garage served by a two-car wide driveway with a minimum width of 16 feet. Said garage shall never be permitted to be enclosed as living space, unless the addition of a new garage is part of the same permit.

(b)

In the design of single-family dwellings to be constructed in Lake Hamilton, the design shall include one or more of the following architectural features; bow or bay windows, dormers, brick façade features, shutters and other design elements that insure that the modular dwelling will blend in and be compatible with existing homes in the vicinity of the new modular home.

(c)

The front door of a single-family dwelling to be constructed in Lake Hamilton shall not be served by wooden steps and deck construction.

(d)

Every single-family dwelling shall comply with the off-street parking requirements as set forth in section 16-72.

(e)

At a minimum, the landscaping of every single-family dwelling shall include one large canopy tree, plus four small trees/large shrubs and 12 small shrubs in the front yard. For approved landscape materials, see section 16-335, tables (A), (B) and (C).

(f)

The builder/developer of a new single-family dwelling is required to equip the front yard with underground irrigation for lawn and landscaping and encouraged to equip the side and required rear yards with underground irrigation.

(g)

Reconstruction of an existing residence of record. For any owner-occupied single-family dwelling, either

(1)

On a lot of record or

(2)

Existing prior to the date of initial adoption of this article.

If such single-family dwelling is demolished with the intent of constructing with public assistance a replacement single-family dwelling, only the owner/occupant who will be receiving public assistance may apply to the development director for an administrative waiver of the following standards for construction of said replacement owner-occupied single-family dwelling:

a.

The garage requirement of subsection (a), if the previous structure did not have an existing garage; and

b.

The yard irrigation system requirement of subsection (c); provided however, that all other single family dwelling construction requirements shall be met.

c.

In passing on an application for waiver, the development director shall consider, by the totality of the circumstances:

1.

The character of the then-existing neighborhood,

2.

Whether the proposed replacement structure is intended to mimic or copy the previous structure (if said previous structure is historic in design), and

3.

Whether the proposed replacement single-family dwelling is to be financed by public assistance.

(h)

Regulations for single-family detached modular dwellings: Modular dwellings are permitted in the town. The following design regulations apply to all modular homes built in the town:

(1)

A modular dwelling shall be constructed on a concrete slab foundation and may not be elevated on piers nor served by exposed utilities from beneath the structure.

(2)

The minimum pitch of the roof of a modular home shall be 5-12 and at least one gable shall face toward the street in front of the dwelling.

(3)

The front door of the dwelling shall face the paved street at the front of the lot.

(4)

Where the front door of the dwelling is to be served by the addition of a porch, it shall be integrated into the design of the dwelling and covered by a roof with a minimum pitch of 5-12.

(Ord. No. 2013-10, § 1, 12-3-2013; Ord. No. 2016-06, § 1(Exh. A), 10-4-2016)

(a)

Intent, interpretation, definition. It is the intent of this section to regard certain uses and structures as being accessory to the principal use of the premises so that they may be carried on under the umbrella of the principal use. A use or structure will be considered "accessory" when it is being used in conjunction with the principal use and is incidental and integrally related to the principal use. All accessory structures are listed in table 16-176.1. Accessory structures not listed in table 16-176.1 shall be submitted to the director for consideration and interpretation. An interpretation made by the director may be appealed through the process provided for in article II.

(b)

Relationship to principal use.

(1)

No accessory use or structure shall be allowed on any lot, except in the AG, agricultural district, unless it is accessory to an existing principal use or structure on the lot on which it is to be located.

(2)

Construction of an accessory structure shall not commence until construction of the principal building has commenced unless approved by the town council.

(3)

For residential lots less than two acres, no detached accessory structure shall be located in any required front yard area. Detached accessory structures may be located in the required rear or side yards. For residential lots exceeding two acres, detached accessory structures may be located in the front yard, rear yard, or side yard. On a corner lot, no accessory structure shall be located closer to the side street right-of-way line than the principal structure.

(4)

When an accessory building is attached to a principal structure by a breezeway, roofed passage or otherwise, it shall comply with the yard requirements of the principal building, except for residential private swimming pools with pool cages.

(5)

Accessory structures located in non-residential districts shall only be used by the owner, employees of the owner, or tenant of the premises.

(6)

Accessory structures located in residential districts shall only be used by the owner or tenant of the principal structure located on the premises, except as further limited herein.

(7)

Residential accessory uses shall not be rented or occupied for financial consideration, except for an accessory dwelling unit as further provided for in this chapter.

(c)

Location, number, and height of accessory structures.

(1)

Location. A detached accessory structure shall not be closer than four feet to the principal building, or closer than five feet to any other accessory building on the same lot. Within nonresidential districts, accessory structures, except for carports, are prohibited within the side and rear yards of lots adjacent to a neighborhood district.

(2)

Number and size.

a.

Any number of accessory structures are permitted provided that the maximum lot coverage of all accessory structures shall not exceed 50 percent of the total area of the required yards.

b.

The total floor area of all accessory structures may not exceed a maximum of 2,500 square feet.

(3)

Height requirements. Accessory structures shall not exceed height requirements of the respective zoning district. For residential zoning districts, accessory structures may not exceed 25 feet in height.

(d)

Permitted accessory uses and structures. Table 16-176.1 includes a list of permitted accessory uses and structures and the zoning districts in which they are permitted.

(e)

Accessory uses and structures permitted by interpretation. Uses other than those listed herein may be determined to be accessory uses in any district based upon interpretation by the development director.

(f)

Specialty accessory uses and structures.

(1)

Swimming pools. Swimming pools are permitted in C and M districts under the same regulations as commercial retail use, and may be used for commercial purposes. Pools located in any R or AG district shall meet the following requirements:

a.

Location. Swimming pools shall be located only within areas which permit the principal building or the accessory buildings, as measured to the edge of the water.

b.

Fencing. All swimming pools shall be completely enclosed by a protective fence or wall not less than four feet high.

c.

Private use only. No pool in any AG or R district may be used for commercial purposes.

d.

Screen enclosures. Enclosures over and around swimming pools shall be erected so as to conform to setback requirements of accessory buildings; however, such enclosures may be attached to the principal building.

e.

Lighting. Pools shall be located and installed such that no direct light nor reflected light is visible on adjoining property.

(2)

Home occupations. The following provisions apply to home occupations:

a.

Employees. No person other than a member of the family residing on the premises shall be employed in the home occupation.

b.

Use. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to the use of the unit for residential purposes by its occupants. Under no circumstances shall the residential character of the property be changed by the home occupation.

c.

No indication. There shall be no indication from the exterior that the building is being used in whole or in part for any purposes other than that of a dwelling, except that a sign two square feet in size may be displayed in or attached to the building.

d.

Within a structure. Business activities associated with a home occupation, including storage of merchandise and materials, shall take place only within a structure.

e.

Size limit. No home occupation shall occupy more than a total of 500 square feet of floor area.

f.

Traffic. Traffic shall not be generated by the home occupation in greater volumes than would normally be generated by a dwelling unit in a residential area. No additional parking spaces shall be provided in excess of those required to serve the residential unit.

(3)

Drive-up facilities. All facilities providing drive-up or drive-through service shall provide on-site stacking lanes in accordance with the following standards:

a.

The facilities and stacking lanes shall be located and designed to minimize turning movements in relation to drive-way access to streets and intersections.

b.

The facilities and stacking lanes shall be located and designed to minimize or avoid conflicts between vehicular traffic and pedestrian areas such as sidewalks, crosswalks, or other pedestrian access ways.

c.

A bypass lane shall be provided.

d.

Stacking lane distance shall be measured from the service window to the property line bordering the furthest street providing access to the facility.

e.

Minimum stacking lane distance shall be as follows:

1.

Financial institutions shall have a minimum distance of 200 feet. Two or more stacking lanes may be provided which together total 200 feet.

2.

All other uses shall have a minimum distance of 120 feet.

f.

Alleys or driveways in or abutting areas designed, approved, or developed for residential use shall not be used for circulation of traffic for drive-up facilities.

g.

Where turns are required in the exit lane, the minimum distance from any drive-up station to the beginning point of the curve shall be 34 feet. The minimum inside turning radius shall be 25 feet.

h.

Construction of stacking lanes shall conform to all engineering design standards adopted by the town.

(4)

Driveways. A driveway as a customary accessory use, provided that such driveway only serves a principal use that is allowed in each district in which the driveway is located. Commercial traffic through residential zoning districts is specifically prohibited. A driveway does not count as square footage for purposes of calculating the limitations imposed by subsection (c)(2).

(5)

Accessory use in religious, educational, and community buildings. Child care center, pre-school, Boy or Girl Scouts or other similar programs shall be permitted as an accessory use in religious, educational, and community buildings.

(g)

Permitted temporary accessory uses and structures. The following uses are temporary accessory uses in any district unless further limited herein:

(1)

Construction/sales office on site of a construction project provided such trailer is removed upon completion of the project. In residential districts, the construction trailer must be removed upon completion of the first residential dwelling unit for the subdivision or project or, in the case of a subdivision or project for which approval has been given for phased development, for the first dwelling unit for that phase.

(2)

Portable storage containers — 90 days duration limitation unless approved for a longer duration by the town council.

(3)

Roll-off trash container during construction — limited to 90-day duration and may be allowed up to three nonconsecutive times in a one-year period unless approved for a longer duration by the town council.

(4)

A temporary recycling collection facility sponsored by a business, school, church, or non-profit community group shall be allowed as an accessory use, provided the following restrictions and conditions are met:

a.

Containers are located on business, church, school, or non-profit community group grounds;

b.

Activity is at least 150 feet from any adjacent property zoned or used for residential purposes; and

c.

The temporary facility is maintained in a clean, litter-free condition on a daily basis.

(5)

Sales office in a new residential subdivision model home.

(6)

Sales trailer in a new residential subdivision until a model home is complete.

(7)

Signs per section 16-334.

(8)

Re-locatable classrooms/trailers are permitted as a temporary accessory use to schools and assembly uses in any zoning district.

(h)

Prohibited accessory uses and structures. The following accessory uses are specifically prohibited:

(1)

Automotive repair in residential districts except for personal vehicles being repaired inside a garage.

(2)

Hog lots.

(3)

Livestock commercial feed lots.

(Land Development Code 1995, § 2.01.10; Ord. No. 2013-09, § 1, 12-3-2013)

Editor's note— Ord. No. 2013-09, § 1, adopted December 3, 2013, amended § 16-176 to read as set out herein. Previously § 16-176 was titled accessory buildings in a residential district.

(a)

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

Farm animal includes, but is not limited to, any swine, horses, cattle, goats, mules, sheep, and other food-producing animal.

Poultry includes chickens.

Harbor includes the term "allowing remaining."

(b)

No person shall keep, maintain, or harbor any farm animal on any property that is not zoned for agricultural use.

(c)

No person shall keep, maintain, or harbor any farm animal on any property unless the animal is at least 100 feet from all residences.

(d)

Barns and other buildings used to keep, maintain or harbor farm animals shall be located such that they have the same setbacks as the principal building on the lot.

(e)

No person shall keep, maintain, or harbor a farm animal in a barn or other building in violation of this section.

(f)

No person shall keep any farm animal within the residential zoned area except that a permit may be issued for a zoological park, stable, kennel, circus or other performing animal exhibition with the approval of the town council.

(g)

Crowing of roosters declared nuisance. The crowing of roosters, cocks, or cockerels within the town limits is hereby declared to be a nuisance. The keeping of such roosters, cocks, or cockerels in the town is hereby prohibited.

(h)

The raising or keeping of poultry for domestic purposes shall be a permitted use in a residential zoned area provided that it is limited to not more than five birds. All pens, coops, enclosures, or waste disposal activities shall not be located any closer than 50 feet to a residential dwelling unit and shall not be located any closer than 50 feet to the normal high water elevation of any natural water body.

(i)

It shall be unlawful to keep any poultry within the residential zoned area without first obtaining the written permission of the owners or occupants of all property abutting the premises on which such poultry are to be kept, and without further obtaining an annual permit from the town. (Residential poultry annual permit fee $25.00).

(j)

Any farm animal or Poultry kept within the residential zoned area without the permission and permit required by subsection (h) and (i) shall be subject to impoundment and citation.

(k)

After having procured permission and a permit to keep poultry within the residential zoned area, such poultry shall be kept in an enclosure that properly built and complies with generally accepted sanitary conditions. See the following provision.

(l)

All live poultry, (chickens) shall be placed and kept in coops or pens, which shall be erected so that the bottom of the coops or pens shall be at least 18 inches from the ground. The floors of the coops or pens shall be so constructed as to permit the droppings from the poultry to fall into a removable box / pan placed underneath the coops or pens. Each of the coops or pens shall be equipped with a water trough and feed box attached to the coops or pens in such manner as to prevent contamination of same.

(m)

Running at large — livestock or poultry. It shall be unlawful for any cattle, horses, mules, donkeys, hogs, pigs, potbellied pigs, swine, goats, sheep, chickens, turkeys, ducks or geese, etc. to run at large, and all such animals found running at large shall be subject to impoundment.

(n)

It shall be unlawful for any person to keep or maintain any poultry or animal within any place within the town in such a manner that the unsightly appearance caused by such keeping or maintenance by way of noise, odor, or condition thereof shall be offensive or unhealthful to persons of ordinary sensibilities.

(o)

Exemption.

(1)

The temporary raising or keeping of one swine for 4-H or FFA purposes shall be allowed with a special use permit issued by the town, provided the swine is to be raised/kept as part of a 4-H or FFA program.

(2)

It shall be unlawful to keep a swine within the residential zoned area without first obtaining a special use permit from the town and complying with all conditions thereof. A special use permit issued pursuant to this section shall be subject to the following conditions (no permit fee shall be assessed):

a.

The property owner must provide the town documentation from the 4-H or FFA organization describing the nature of the program, confirming a resident of the property is participating in the program, and providing the time frame the swine will be kept on the property.

b.

The property owner must provide the town written permission from the owners or occupants of all property abutting the premises on which the swine is to be kept.

c.

The swine shall be kept in a fenced enclosure area that is maintained to restrict the animal from being closer than ten feet to any property line.

d.

The swine enclosure shall not be closer than 100 feet from any abutting residence.

e.

A shelter shall be properly built to provide for protection of the animal from the elements and must comply with generally accepted sanitary conditions.

f.

The property owner shall keep and maintain the swine in such a manner that is not unsightly and that does not create a noise, odor, or other condition that would be offensive or unhealthful to persons of ordinary sensibilities.

g.

Swine shall weigh no more than 40 pounds at the time the special use permit is granted.

h.

Special use permit shall not exceed the timeframe set forth by 4-H or FFA in the documentation required in paragraph (o)(1)(a) of this section, or six months, whichever is less. Special use permit may be extended no more than one time by complying with the provisions of paragraph (o)(2)(a)—(f), herein.

(Ord. No. 2002-004, § 1(2.01.20), 5-7-2002; Ord. No. 2013-07, § 1, 12-3-2013; Ord. No. O-22-15, § 1, 5-3-2022)

Within any residential district, recreational vehicles exceeding 25 feet in length may be parked for storage purposes only within the side yard area not less than five feet from the side property line, and within the rear yard area not less than five feet from the rear property line. No such recreational vehicle may be parked between any public street and the living area of the principal building, except on a paved driveway.

(Land Development Code 1995, § 2.01.15(2))

(a)

Not more than one service station shall occupy any block front, and no service station shall be nearer than 1,000 feet to another such use measured between property lines on the same side of a street.

(b)

All gas pumps, signs or other above grade structures shall set back not less than 20 feet from any street right-of-way line.

(c)

Requirements of chapter 26 shall control access drives and curb cuts.

(Land Development Code 1995, § 2.01.13)

Temporary buildings, or mobile homes used for construction offices may be permitted in any district, but shall meet all health, building, fire, plumbing, and electrical code requirements, and shall be permitted for a period of not more than six months within any 18-month period.

(Land Development Code 1995, § 2.01.12)

Sales tents may be erected temporarily on property in a commercial district where a commercial structure is already established, subject to the following requirements:

(1)

Sales tents may not be erected more than two times per year, for periods not exceeding two weeks.

(2)

No more than ten percent of the existing parking area is used, and the tent does not block any point of ingress or egress to the development site.

(3)

All electrical connections must be inspected and approved by the building department.

(4)

The tent must be inspected and approved by the county fire inspector.

(Land Development Code 1995, § 2.01.18)

(a)

Purpose and goals. The purpose of this section is to establish general guidelines for the siting of wireless communication towers and antennas. The goals of this section are to:

(1)

Protect residential areas and land uses from potential adverse impacts of towers and antennas;

(2)

Encourage the location of towers in nonresidential areas;

(3)

Minimize the total number of towers throughout the community;

(4)

Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

(5)

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(6)

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

(7)

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

(8)

Consider the public health and safety of communication towers; and

(9)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

In furtherance of these goals, the town shall give due consideration to the town's comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

(b)

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

Alternative tower structure means manmade trees, clock towers, bell steeples, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna or antenna attachment.

(1)

The term "antenna" or" antenna attachment" means any exterior stealth designed device used for transmitting and receiving, mounted on a tower, alternative tower structure, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

(2)

The term "antenna" or" antenna attachment" does not include over-the-air reception devices which deliver television broadcast signals, direct broadcast signals, direct broadcast satellite services or multichannel multi-point distributions services, as defined and regulated by 47 CFR 1.4000, as amended.

Backhaul network means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

Communication tower.

(1)

The term "communication tower" means any ground-mounted structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers.

(2)

The term "communication tower" includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

(3)

The term "communication tower" includes the structure and any support thereto.

Guyed tower means a tower anchored with guy wires.

Height means, when referring to a tower or other structure, the distance measured from the zero datum of the lot to the highest point on the tower or other structure, including any antenna.

Lattice tower means a self-supporting tower with three or more sides of open-framed structures.

Monopole tower means a single self-supporting tower of concrete, steel, or similar materials having a solid appearance and no guy wires.

Preexisting towers and preexisting antennas mean any tower or antenna for which a building permit has been properly issued prior to September 16, 1999, including permitted towers or antennas that have not been constructed so long as such approval is current and not expired.

Speculative tower means a tower that is proposed for construction without evidence of any antenna leases or agreement for use of the tower.

Stealth design means a method that would hide or conceal an antenna, supporting electrical or mechanical equipment, or any other support structure that is identical to, or closely compatible with, the color to the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(c)

Applicability.

(1)

New towers and antennas. All new towers or antennas in the town shall be subject to these regulations, except as provided in subsection (a)(2) of this section.

(2)

Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of subsections (e)(7) and (e)(8) of this section. All modifications of such towers and antennas of more than 50 percent of the structure, or that increases the height of said structure, or reconstruction of said tower or antenna shall meet the terms of this section.

(d)

Exemptions. This section shall not apply to the following:

(1)

Communication towers that are constructed at a height below the height limitations for the zoning district in which the communication tower is located.

(2)

Communication towers and antennas that are owned or operated by a governmental agency and primarily used for public health and safety. However, governmental agencies shall make every effort possible to comply with the provisions of this section.

(3)

Any communication tower or antenna that is placed in response to an emergency as declared by the town, the county, the state or any other agency with the authority to declare an emergency. The exemption shall apply only for the duration of the emergency and for such period of time following the emergency as is reasonably necessary to remove the tower or antenna.

(4)

Any communication tower or antenna that is operated solely by an amateur radio operator licensed by the FCC.

(5)

Communications towers not exceeding 130 feet in height and located on a specific site for no more than 30 days in any 365-day period, subject to any applicable permitting requirements as deemed necessary by the building official, and shall only be located as shown on table 1 in subsection (e)(1) of this section.

(e)

General requirements.

(1)

Location. Communication towers shall be allowed in the following zoning districts as shown on table 1:

Table 1 - Communication Tower Permitted Use Matrix

*Note: Towers of all types are permitted on town property in all zoning districts with the approval of the town council. This approval shall be in the form of action on a lease or similar agreement and a use approval, which shall occur concurrently. Public notice shall be provided in the same manner as required for zoning actions.

(2)

Antennas. Antenna attachments onto existing structures shall be permitted in all zoning districts with a building permit, except where required by a special exception.

(3)

Principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or communications tower on such lot. For the purposes of applying setbacks and other applicable development regulations, the entire lot or parcel on which a communication tower or antenna is located shall be treated as the lot, even if the communication tower or antenna is located on a leased parcel or lot.

(4)

Justification. To justify the need for a new facility, and to prevent adverse impacts from occurring as a result of speculative towers being placed throughout the town, each applicant for an antenna and/or tower shall provide to the building official a propagation map (showing coverage) in every application to demonstrate the need for a tower. No tower shall be approved unless a lease or other contract exists between the tower applicant and a telecommunication services provider for placement of an antenna on the tower upon approval and construction of the tower. An affidavit that a lease or contract exists may be submitted in lieu of either the lease or contract.

(5)

Aesthetics. Towers and antennas shall meet the following requirements:

a.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

b.

At a tower or antenna site, the design of the buildings and related structures shall, to the maximum extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings. Said towers, antennas, buildings and related structures shall be required to be approved by the building official.

c.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be, to the maximum extent possible, of stealth design.

(6)

Lighting. Towers/antennas shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

(7)

State or federal requirements. All towers/antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(8)

Building codes; safety standards. Prior to the issuance of a building permit to construct an antenna or tower, the owner/applicant shall provide the town with all applicable approvals from federal, state and county agencies. To ensure the structural integrity of towers, the owner of a tower shall ensure that it will be constructed and maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the building official, town engineer or his designee, concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(9)

Measurement. Measurement of tower setbacks and separation distances shall be calculated and applied in relation to all adjacent facilities whether located inside or outside the boundaries of the town.

(10)

Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

(11)

Signs. No signs shall be allowed on an antenna or tower.

(12)

Multiple antenna/tower plan. So as to lessen proliferation, the town requires the users of towers and antennas to submit a single application for approval of at least one additional user on a single site. Applications for approval of multiple user sites shall be given priority in the review process.

(13)

Setbacks. The following setback requirements shall apply to all towers:

a.

Towers must be set back from water bodies, to include lakes, inlets and streams, residential lots and rights-of-way, to include both streets and railroads, a distance equal to at least 100 percent of the tower height. A reduced setback is possible through a special exception, but only in those zoning districts where towers are either a permitted use or otherwise allowed by special exception.

b.

Guy wires and accessory buildings must satisfy the minimum zoning district setback requirements.

c.

In order to consider the potential visual impacts, any communication tower proposed to be located within 1,000 feet of the water line of a lake shall be required to obtain a special exception.

d.

Towers that are constructed closer than one times the tower height from a property line shall be permitted upon receipt of a statement from a registered professional engineer acceptable to the town building official that the tower is designed to prevent collapse onto adjacent properties.

(14)

Separation. The following separation requirements shall apply to all towers:

a.

Separation distances between towers shall be applicable for and measured between the proposed towers.

b.

The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, to the proposed tower.

c.

The separation distances listed in linear feet shall be as shown in table 2:

Table 2 - Tower Separation Requirements

Note: Towers located on town-owned property shall be exempt from these provisions.

(15)

Security enclosure and other measures. Towers shall be enclosed with a security enclosure not less than six feet in height. Towers shall be equipped with an appropriate anti-climbing device approved by the town building official.

(16)

Landscaping. The following requirements shall govern the landscaping surrounding all towers:

a.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound. The minimum landscaping within said buffer shall be a continuous four-foot-high hedge at the time of planting and an ultimate height of six feet, and one tree, 12 feet in height at the time of planting, every 25 linear feet.

b.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

(f)

Antenna attachments, buildings, or other equipment storage.

(1)

Antennas mounted on structures or rooftops. If an antenna is mounted on a structure or rooftop, it shall comply with the following standards:

a.

The cabinet or structure of the tower shall not contain more than 150 square feet of gross floor area or be more than ten feet in overall height, assuming at all times that a structural engineer has certified that the structural integrity of the structure or rooftop will not be compromised by the cabinet or structure.

b.

Equipment shall be located on the roof of a building only when it is demonstrated by the applicant that the equipment cannot be reasonably placed inside the structure. If located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than ten percent of the roof area.

c.

Equipment storage buildings or cabinets shall comply with all applicable building codes.

d.

Antennas that extend above the roofline of a structure, or exceed the height of the rooftop shall be required to obtain a special exception permit from the town pursuant to town ordinance in order to ensure that any impacts as a result of the antenna's placement are minimized.

(2)

Antennas mounted on utility poles or light poles. Antennas shall be permitted on utility or light poles, provided that all height limitations are observed.

(3)

Antennas located on towers. The related unmanned equipment structure shall not contain more than 350 square feet of gross floor area or be more than 12 feet in overall height, and shall be located in accordance with the minimum yard requirements of the zoning district in which it is located.

(g)

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of two years shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the town, notifying the owner of such abandonment and order to remove. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds for the town or its designee to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(h)

Nonconforming uses.

(1)

Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist pursuant to the provisions of this chapter. Routine maintenance (including replacement with a new tower or like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section.

(2)

Rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming towers and antennas that are damaged or destroyed more than 50 percent of their value or structure shall be required to meet the requirements of this section.

(3)

No expansion of nonconforming use. Towers that are constructed, and antennas that are installed in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

(i)

Replacement/reinforcement of existing towers.

(1)

An existing communication tower or a pole-like alternative support structure (such as a light standard or power pole) may be modified or replaced one time to allow for the collocation of additional antennas, provided the replacement tower or structure is within 50 feet of the existing tower or structure and the existing setbacks are maintained.

(2)

A limited replacement (or modification) shall meet the requirements of subsection (i)(1) of this section and, if located within 100 percent of the replacement structure's height from any adjacent residentially used and zoned dwelling, shall not increase the height of the existing structure by more than 25 percent of the existing structure's height or more than 50 feet, whichever is less.

(3)

To encourage the use of existing structures and sites where visual impacts currently exist, replacement or limited replacement towers and alternative support structures are not required to increase the setbacks to accommodate the replacement or modification.

(4)

A replacement or limited replacement may only occur one time on a site. Any subsequent proposed replacement or modification shall be reviewed as a new communication tower.

(j)

Submittal requirements. The following information shall be required as part of any request for a communications tower or antenna attachment:

(1)

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a state licensed professional engineer.

(2)

An applicant shall submit the information described in this section and a nonrefundable fee as established in the fee schedule of the town to reimburse the town for the costs of reviewing and providing legal notice for the application.

(3)

A scaled site plan clearly indicating:

a.

The location, type and height of the proposed tower/antenna;

b.

On-site land uses and zoning;

c.

Adjacent land uses and zoning (including when adjacent to other municipalities);

d.

Comprehensive plan future land use designation of the site and all properties within the applicable separation distances set forth in table 2 in subsection (e)(14)c of this section;

e.

Adjacent roadways;

f.

Proposed means of access;

g.

Setbacks from property lines;

h.

Elevation drawings of the proposed tower/antenna; and

i.

Any other structures, topography, parking, and other information deemed by the building official to be necessary to assess compliance with this section.

(4)

Legal description of the parent tract and leased parcel (if applicable).

(5)

The setback distance between the proposed tower/antenna and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

(6)

The separation distance from other towers/antennas described in the inventory of existing sites submitted pursuant to table 2 in subsection (e)(14)c of this section, shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing towers/antennas and the owner/operator of the existing towers, if known.

(7)

A landscape plan showing specific landscape materials.

(8)

Method of providing security enclosure and finished color and, if applicable, the method of providing stealth design and illumination.

(9)

A description of compliance with all applicable federal, state or local laws including all provisions within this chapter.

(10)

A notarized certification by the applicant's engineer as to whether construction of a tower will accommodate collocation of additional antennas for future users.

(11)

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

(12)

A description of the feasible locations of future towers or antennas within the town based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower or antenna is erected.

(13)

A photo simulation of the proposed tower.

(k)

Special exceptions required. The following provisions shall govern the review and approval of special exception application for towers or antennas by the planning commission and board of zoning adjustment:

(1)

A special exception shall be required for communication towers and/or antenna attachments as listed below:

a.

Antenna attachments onto any structure in community redevelopment areas.

b.

Any antenna attachments that extend above the roof line of a structure. (Note: As used in this sentence, the term "structure" shall not be interpreted to include water towers.)

c.

Towers that do not comply with the minimum 100 percent of tower height setback.

d.

Any tower type or zoning district where required as shown in table 1 in subsection (e)(1) of this section.

(2)

Applications for special exception approval under this section shall be subject to the procedures and requirements of the land development regulations, except as modified in this section.

(3)

In granting a special exception approval, the town planning commission may recommend that the board of zoning adjustment impose conditions to the extent the board of zoning adjustment concludes such conditions are necessary to minimize any adverse effect of the proposed tower or antenna on adjoining properties.

(4)

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a state licensed professional engineer.

(5)

An applicant for a special exception shall submit the information described in this section and a nonrefundable fee as established in the fee schedule of the town to reimburse the town for the costs of reviewing and providing legal notice for the application.

(6)

In addition to any standards for consideration of special exception pursuant to the land development regulations, the board of zoning adjustment shall consider the following factors in determining whether to approve a special exception:

a.

Height of the proposed tower/antenna;

b.

Proximity of the tower/antenna to residential structures and residential district boundaries;

c.

Nature of uses on adjacent and nearby properties;

d.

Surrounding topography;

e.

Surrounding tree coverage and foliage;

f.

Design of the tower/antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

g.

Proposed ingress and egress; and

h.

Availability of suitable existing towers, antennas, other structures, or alternative technologies not requiring the use of towers or structures.

(7)

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the board of zoning adjustment that no reasonable alternative technology exists that can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the board of zoning adjustment related to availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

a.

No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.

b.

Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

c.

Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

f.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

g.

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wire line system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(Ord. No. 99-219, § 1, 9-16-1999)

(a)

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

Mobile food dispensing vehicle means any conveyance, or any vehicle or structure mounted on a conveyance or designed to be pulled or pushed by a conveyance, where food is prepared, served, or sold for immediate consumption on or in the vicinity of the premises, called for or taken out by patrons, or prepared prior to being delivered to another location for consumption.

Mobile food vending means the practice of:

(1)

Selling or offering for sale of food and beverages from a mobile food dispensing vehicle;

(2)

Managing or owning one or more mobile food dispensing vehicles; and/or

(3)

Preparing food and beverages within a mobile food dispensing vehicle for sale to a patron.

(b)

Findings and purpose. It is found and declared by the town council that:

(1)

The regulation of the mobile food vending industry is necessary to protect the health, safety and welfare of the traveling public. Likewise, the general prohibition of mobile food vending in the town, excepting certain commercial and industrial zoned areas, is necessary to protect the health, safety and welfare of the traveling public.

(2)

The regulations contained in this article do not restrict speech or assembly rights of business or organizations, but merely regulate the activities of organizations which are commercial in nature or which present safety hazards to the general public.

(3)

The general prohibition of mobile food vending in the town, excepting certain commercial and industrial zoned districts, is necessary to protect and maintain property values.

(c)

General Requirements. A mobile food vendor who has paid the Lake Hamilton Business Tax is authorized to conduct mobile food vending activities on any improved parcel of land in the C-1, C-2, M-1, or PI Zoning Districts, subject to the following:

(1)

Proof of business insurance, issued by an insurance company licensed to do business in Florida, protecting the applicant from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with mobile food vending. Such insurance shall be in at least the amount of $300,000.00 each occurrence for injury and $100,000.00 per person.

(2)

The mobile food dispensing vehicle must be licensed by the Florida Department of Business and Professional Regulation, division of Hotels and Restaurants.

(3)

A site plan depicting the size and placement of the mobile food dispensing vehicle on the physical site and proposed parking areas for the mobile food vendor's patrons.

(4)

Authorization from the legal owner(s) of the proposed site shall be made on a form provided by the town. The authorization form shall, in addition to acknowledging that the mobile food vendor has permission to conduct mobile food vending activities on the proposed site from its legal owner(s), grant permission to the mobile food vendor's patrons to use the restroom facilities of the existing principal use from the site's legal owner(s). In the event that the legal owner of the proposed site is a corporation, the authorization form shall be signed by an officer of the corporation or its designated agent.

(5)

Mobile food vending consistent with this chapter may only occur on a site during the time that the primary business on the site is open for operation.

(6)

The proposed placement of the mobile food dispensing vehicle does not impact the public's safe ingress and egress to and from the physical site by blocking visibility triangles at access points and driveway cutouts.

(7)

The proposed placement of the mobile food dispensing vehicle, including all necessary outdoor space for patron service and patron parking does not impact the general on-site traffic flow of the principle use.

(8)

The mobile food dispensing vehicle shall be constructed for the specific use of preparing and selling food and beverages obtained from a licensed commissary. An open bed truck, van, or converted automobile is not a mobile food dispensing vehicle and may not be operated in the town.

(9)

The mobile food dispensing vehicle must be entirely self-reliant for necessary gas and wastewater.

(10)

The mobile food dispensing vehicle shall be constructed so that any equipment installed in any part of the vehicle may be secured in order to prevent movement during transit and to prevent detachment in the event of a collision or overturn.

(11)

The mobile food dispensing vehicle shall not display advertising of any kind, except the posting of prices, the name of the product and/or the name of the vendor. All signs added together shall not exceed 20 square feet and all signs shall be mounted flush to the body of the mobile food dispensing vehicle.

(12)

The mobile food dispensing vehicle must be covered under a currently effective agreement with a Florida-licensed food commissary (hereafter referred to as "commissary") for restocking and proper disposal of cooking oil and wastewater and must maintain commissary logs inside the mobile food dispensing vehicle showing the date and time of each restocking and disposal as required by state law, rules and regulations.

(d)

Authority of community development director to authorize administrative variances. The town's community development director, or his designee, may, administratively grant a variance to the technical parking requirements of this chapter required for the site's principal use during the proposed vending hours of mobile food vending activity if not greater than 20 percent of the number of required parking spaces is reduced by site space occupied by the mobile food dispensing vehicles.

(e)

Certain conduct prohibited. No mobile food vendor shall:

(1)

Vend without appropriate licensure from all state agencies with jurisdiction or vend without appropriate payment of State and local business taxes.

(2)

Vend on any public street or sidewalk except as provided in this article. For purposes of this section, "public street or sidewalk" shall mean those rights-of-way and easements owned by, dedicated to or granted to the public.

(3)

Vend in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant or create or become a public nuisance, increase traffic congestion or delay or constitute a hazard to traffic, life or property or an obstruction to adequate access to fire, police or sanitation vehicles.

(4)

Vend on a vacant lot.

(5)

Set up, maintain or permit the use of any table, crate, carton, rack or any other device associated with the operations of the mobile food dispensing vehicle, unless it is shown in the approved site plan. Nor set up tables and chairs in grassed areas.

(6)

Vend without an available litter receptacle for patron use. Nor leave any location without first picking up, removing and disposing of all trash, materials or refuse remaining from mobile food vending activities.

(7)

Dump wastes or wastewater on site, into the town's stormwater system, or at any other place in the town other than the licensed commissary. Nor allow any fluids to be discharged from a mobile dispensing vehicle.

(8)

Allow any items relating to the operation of the vending business to be placed anywhere other than in, on or under the vending vehicle.

(9)

Stop, stand or park a mobile food dispensing vehicle in order to make or attempt to solicit sales within 25 feet of any intersection.

(10)

Vend for more than a single 72-hour period per week (beginning and ending at 8:00 a.m. Monday) at any one location. Nor vend between the hours of 9:00 p.m. and 8:00 a.m.

(f)

Inspections, generally. Any mobile food dispensing vehicle may be inspected at any time by town personnel, including the town code enforcement officer, in order to ascertain compliance with this section. At the time of inspections, operating mobile food dispensing vehicles in the town must make available commissary logs and inspection reports required by state agencies.

(g)

Unified business taxes. Only one business tax receipt issued by the town is necessary for one operator to engage in mobile food vending activities, regardless of the number of mobile food vending sites and mobile food dispensing vehicles operated. All mobile food dispensing vehicles shall be properly licensed as required by applicable state laws, rules and regulations for mobile food dispensing vehicles.

(Ord. No. 2015-04, § 1(Exh. A.), 11-3-2015)