Leon County Unincorporated
City Zoning Code

DIVISION 8

SUPPLEMENTARY REGULATIONS FOR SPECIFIC USES

Sec. 10-6.801.- Purpose.

The purpose of this division is to provide supplementary development regulations for specific uses requiring additional development standards.

(Code 1992, § 10-6.801; Ord. No. 07-20, § 2, 7-10-2007)

Sec. 10-6.802. - Accessory structures.

(a)

Generally. It is the purpose of this section to regulate the installation, configuration, and use of accessory structures, except for accessory dwelling units as provided set out in section 10-6.803, and the conduct of accessory uses, in order to ensure that they are not harmful either aesthetically or physically to residents and surrounding areas. Any number of different accessory structures may be located on a parcel, provided that all of the following requirements are met:

(1)

There shall be a permitted principal development on the parcel, located in full compliance with all standards and requirements of this division. For purposes of this section:

Barns and other buildings associated with agricultural or silvicultural uses shall be allowed within any zoning district allowing agriculture or silviculture as a principal use, whether or not any other principal use or structure is located on the premises, so long as the applicant provides an affidavit certifying that the building or structure will not be used for habitation. Application and review requirements for such structures shall be according to section 10-7.402(6). In the absence of an executed affidavit, such structures shall be construed to represent potential dwelling units and be subject to review accordingly.

A dock, boat house, or gazebo accessory building or structure, when used exclusively for noncommercial recreational purposes, may be allowed to be constructed prior to construction of a principal residential structure in any zoning district allowing residential development as a principal use, so long as the applicant provides an affidavit, to be recorded in the records of the clerk of the courts, certifying that the accessory structure will not be used for habitation and the principal structure, when constructed, will meet applicable size standards, based on proportional requirements set out herein. Boat houses and gazebos shall comply with applicable size limitations set out in subsection (b) of this section; docks shall be limited in size.

Electrical service shall only be provided to a principal or accessory structure, except that:

Electrical service may be provided for wells and pumps in any zoning district.

Within those portions of zoning districts allowing agricultural uses or silvicultural uses not included in the residential preservation overlay, electrical service may be provided for the following purposes, regardless as to whether a principal or accessory structure has been permitted on the premises: security lighting, the utilization of power tools, and for agricultural- and silviculture-related purposes.

(2)

All accessory structures may be located in the rear yard and shall be setback 7⅕ feet from any property line, except as otherwise permitted herein, and must comply with those applicable location, appearance, and size limits and standards established by zoning district, set out in the following chart:

Zoning District	Site Location Standards	Appearance Requirements	Size Limitations
All zoning districts inside U.S.A., except RA zoning district; and the RC zoning district	May be located in required front yard or side corner yard when principal structure setback is at least 50 feet from the property line and must be set back at least 30 feet from front and side corner property lines. Can be located in the side interior yard, but if in front of the front building facade line, must be set back at least 30 feet from side property line; if behind front facade line, must be set back at least 7½feet from side property line.	When in required front yard or side corner yard, must be similar in architectural style to principal building. In other locations: No architectural requirements.	May be no greater than one-third of the size in floor area of the principal building.
LTUF, UF (except RP overlay) and RA zoning districts	May be located in required front yard or side corner yard when principal structure setback is at least 50 feet from the property line and must be set back at least 30 feet from front and side corner property lines. Can be located in the side interior yard, but if in front of the front building facade line, must be set back at least 30 feet from side property line, if behind front facade line, must be set back at least 7½ feet from side property line.	No architectural requirements.	May be twice as large as the floor area of the principal building.
Rural (except RP overlay)	May be located in required front, rear, or side yards. Must comply with all applicable principal structure minimum yard setbacks, if located in front yard. Otherwise must be no less than 7½ feet from the property line.	No architectural requirements.	No size limit.
Other zoning districts outside USA including RP overlay	May be located in required front yard or side corner yard when principal structure setback is at least 50 feet from the property line and must be set back at least 30 feet from front and side corner property lines. Can be located in the side interior yard, but if in front of the front building facade line, must be set back at least 30 feet from side property line; if behind front facade line, must be set back at least 7½ feet from side property line.	When in required front yard or side corner yard, must be similar in architectural style to principal building. In other locations: No architectural requirements.	May be no greater than one-half of the size in floor area of the principal building on parcels of one acre or greater size; otherwise, may be no greater than one-third of the size in floor area of the principal building.

(3)

Accessory structures shall not be located in a required buffer or landscape area.

(4)

Accessory structures shall be included in all calculations of impervious surface area and stormwater runoff.

(5)

Accessory structures shall be shown on any site and development plan application.

(6)

Accessory structures shall be located at least six feet from any other structure on the same lot.

(b)

Storage buildings, utility buildings, greenhouses.

(1)

No accessory buildings used for industrial storage of hazardous, incendiary, noxious or deadly materials shall be located nearer than 100 feet from any property line.

(2)

Vehicles, including travel trailers, recreational vehicles, manufactured housing and mobile homes, shall not be used as storage buildings, utility buildings or other such uses.

(c)

Swimming pools, hot tubs and similar structures.

(1)

Swimming pools shall be permitted only in side and rear yards. Swimming pools that are accessory to an existing permitted principal residential structure shall not be limited in size of the floor area of the principal structure as noted in the definition of in section 10-1.101 or in the minimum development standards for the applicable zoning district.

(2)

Enclosures for swimming pools which have an impervious roof structure attached to the principal building, shall comply with standards for yard requirements and other accessory building location requirements of this division. Pool enclosures having pervious roofing, regardless of attachment to the principal building, shall not be required to comply with any setback or yard requirement. Minimum setback distances for swimming pools shall be measured from the edge of the water in the pool.

(Code 1992, § 10-6.802; Ord. No. 07-20, § 2, 7-10-2007; Ord. No. 09-26, § 2, 8-25-2009; Ord. No. 20-06, § 9, 4-28-2020; Ord. No. 23-05, § 32, 2-21-2023)

Sec. 10-6.803. - Accessory uses.

(a)

Generally. Accessory uses are permitted only in conjunction with a principal use. The County Administrator or designee during project determination will make the determination of compliance with this section.

(b)

Accessory dwelling units (ADUs).

(1)

Purpose. Increase the range of housing choices and the supply of accessible and affordable housing units within the community, while providing property owners with flexibility in establishing separate living quarters for purposes such as caring for seniors, providing housing for their children, or obtaining rental income.

(2)

Standards. ADUs may be allowed in all zoning districts provided that all of the following requirements are met:

No more than one ADU shall be permitted on any lot or parcel, and ADUs are exempt from residential density calculations.

All ADUs shall comply with all standards applicable within the zoning district and subdivision, including setbacks and building height limits.

Detached ADUs shall be located in the side or rear yard; rear yard placement is required if served by alley. May be located in front yard or side corner yard when principal structure setback is at least 50 feet from the property line and must be set back at least 30 feet from front and side corner property lines.

Each ADU, whether attached or detached, shall not exceed 800 square feet of heated and cooled floor area when accessory to a single family structure; or 1,000 square feet gross floor area when accessory to retail, office, and industrial principal structures.

ADUs must be designed as a subordinate structure to the primary structure on the lot in terms of its mass, size, height, and architectural character. The architectural design, character, style, and appearance of the ADU must be consistent and compatible with the primary structure.

An ADU may not be sold separately or as a condominium unless the property is properly subdivided in accordance with this chapter.

Proposed improvements must be consistent with the environmental protection provisions of the Leon County Environmental Management Act (EMA).

In no instance shall a mobile home, standard design manufactured home, or storage shed be used as an accessory dwelling unit.

An accessory dwelling unit shall be required to obtain permitting as a habitable structure.

(3)

Review procedures and conditions for accessory dwelling units. A proposed accessory dwelling unit shall require submittal of a residential compliance certificate to determine eligibility. A proposed accessory dwelling unit shall be reviewed concurrently with the submittal of a building and environmental management permit. A complete building and environmental management permit shall include documentation demonstrating compliance with the applicable accessory dwelling unit requirements noted in this section. A notarized affidavit identifying the proposed structure as an accessory dwelling unit and outlining any conditions of approval shall be signed by the owner and recorded with the county clerk of courts prior to issuance of the building and environmental management permit. Affidavits for detached ADUs shall include, at minimum, a condition that subdivision of the parcel for the benefit of creating a lot exclusively for the ADU shall be subject to the environmental and subdivision regulations of this LDC.

(c)

Home occupation. Home occupations as accessory uses for dwelling units, involving the assembling or provision of goods or services for a charge, fee, or other compensation, may be permissible uses in all districts that permit any residential development as a principal use, subject to the following restrictions:

(1)

No more than one person not living in the dwelling unit in which a home occupation is conducted shall be employed or otherwise engaged in the home occupation being operated from the dwelling unit.

(2)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants. The total area used for the home occupation, including storage, whether inside the dwelling or in a separate building on the premises, shall not exceed one-third of the floor area of the enclosed living area of the dwelling unit. Floor area of garages shall not be included in the calculation of the total floor area of the enclosed living area of the dwelling unit.

(3)

The home occupation shall be conducted entirely within the principal building that is used as the residential dwelling, except for on-site storage, or other related activities conducted off the premises.

(4)

Storage of all materials, including equipment, relating to the home occupation, shall be contained entirely within a completely enclosed structure. Storage of materials must comply with the rules and regulations promulgated by the state fire marshal.

(5)

No merchandise or articles for sale shall be displayed for advertising purposes, and no sign or other evidence of the conduct of a home occupation shall be visible outside the dwelling unit. If more than one motor vehicle is used in the conduct of the home occupation, any identification and advertising signs on the motor vehicles must be removed or covered while such vehicles are parked on the premises.

(6)

No activity shall be conducted nor any equipment or process shall be used which constitutes a health hazard, causes air or water pollution, or creates noise, vibration, glare, fumes, odors or electrical interference detectable to the senses off the premises. No equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the premises or causes fluctuations in line voltage off the premises.

(7)

No more than two motor vehicles used in the conduct of the home occupation may be kept on the premises at any one time.

(8)

All parking associated with the home occupation shall be located on the driveway associated with the dwelling unit.

(9)

No occupation requiring the owner of a business:

To report, collect, or pay any state or federal excise tax with respect to the sale of any tangible personal property at or from the dwelling unit; or

To hold any state or federal license or permit authorizing the possession, sale, or use of any alcoholic beverages, tobacco products, or hydrocarbon-based fuel products;

shall be allowable as a home occupation pursuant to this section.

(d)

Central dining rooms, recreation centers and other amenities.

(1)

Generally. Residential and non-residential development projects may provide amenities for the exclusive use of the employees and/or residents of the project. Such amenities shall be allowed only as provided in this subsection (d).

(2)

Dining rooms/cafeterias/snack shops, etc. A development may provide a central dining facility to serve the employees and/or residents of the project subject to the following restrictions:

The facility shall not be open to the general public.

There shall be no off-site signs advertising the presence of the facility.

(3)

Community centers/recreation centers. Residential projects may provide a central facility to provide a meeting place and indoor recreation opportunities for residents subject to the following restrictions:

Such facilities shall not include health clubs, gyms and the like offering services to the general public.

Parking to serve the building shall be provided as required by subdivision III, division 5, article VII of this chapter.

There shall be no identification signs, other than directional signs, pursuant to article IX of this chapter (sign ordinance).

(4)

Employee fitness centers. Non-residential development projects may provide a fitness or exercise center for the use of employees subject to the following restrictions:

Such facilities shall not be open to the general public.

There shall be no signs, other than directional or occupant signs, identifying the facility.

(e)

Bed and breakfast inn.

(1)

Generally. Private home bed and breakfast inns may be permitted in all districts that permit residential and residential mixed-use development as an accessory use to a single-family dwelling unit.

(2)

Standards. Accessory private home bed and breakfast inns may be allowed provided all the following requirements are met:

Private home bed and breakfast inns shall be limited to three guest rooms, except in the Historic Overlay District, where five guest rooms may be provided.

Guests are limited to a length of stay of no more than 14 consecutive days.

Planning department review is required to ensure that the establishment of the private home bed and breakfast inn accessory use is consistent with the Comprehensive Plan and conforms with the land development regulations. Requests for the establishment of private home bed and breakfast inns, in the form of application/affidavit shall be filed with the planning department accompanied by a fee, as provided in the county fee schedule, for the purposes of notification. The application shall undergo staff review, including, but not necessarily limited to, review by the planning, development support and environmental management, and public works departments.

Within 15 days of receipt of the application, the director of the planning department shall make a recommendation based on comments from reviewing departments.

The Board of County Commissioners shall consider the application and planning department recommendation and shall hold a public hearing on the application.

Notice of the public hearing shall be provided at least ten days in advance of the meeting through publication in a newspaper of general circulation. The board shall take final action on the application following the public hearing.

The private home bed and breakfast inn operator shall be required to obtain an occupational license.

The number of required parking spaces for guests and residents shall conform to the following schedule:

One guest room: two spaces.

Two guest rooms: three spaces.

Three guest rooms: four spaces.

Four guest rooms: five spaces.

Five guest rooms: six spaces.

Parking is prohibited in the front yard unless the area is screened and the parking arrangement is determined to be compatible with the surrounding area. Parking may be located to the side or rear of the structure, to be screened from view of adjacent properties. (See section 10-7.522 for screening and buffering requirements.)

No food preparation or cooking for guests shall be conducted within any bedroom nor other individual rooms, except for the kitchen and/or pantry. Meals may be provided only to residents and guests.

No structure shall be constructed for the sole purpose of being utilized as a bed and breakfast inn; no existing structure should be enlarged or expanded for the purpose of providing additional rooms for guests. It is intended that private home bed and breakfast inn be converted or renovated single-family residences, and that this principal function be maintained. The exterior appearance of the structure shall not be altered from its single-family character.

Only a singular sign, for the purposes of identification, not advertisement, shall be permitted. This sign shall not exceed two square feet in area, and be posted no higher than 3½ feet. This sign shall not be illuminated.

(f)

Private home adult day care facilities.

(1)

Generally. Private home adult day care facilities for more than six persons may be permitted as an accessory use to a single-family dwelling in all districts except for residential preservation, R-1, and R-2 as an accessory use to a single-family dwelling unit. Private home adult day care facilities that provide care for six or fewer persons not related to the operator of the facility by blood, marriage, adoption or foster care shall be allowed as a home occupation as a home occupation consistent with the provisions of subsection (c) of this section.

(2)

Standards. Accessory private home adult day care facilities that provide care to seven or more persons may be allowed provided all of the following requirements are met:

Private home adult day care facilities are required to comply with all licensing and regulatory requirements as established by the state.

The facility shall only provide care to clients for a period less than 24 hours per day.

Development review is required to ensure that the establishment of the private home adult day care facility accessory use is consistent with the Comprehensive Plan and conforms with the land development regulations. Requests for the establishment of home private adult day care facilities, in the form of application/affidavit shall be filed with the department of development support and environmental management accompanied by a fee set by the Board of County Commissioners for the purposes of notification.

The application shall undergo staff review, including, but not necessarily limited to, review by the county's site and development plan staff technical review committee.

Within 15 days of receipt of the application, the County Administrator or designee shall made a recommendation based on comments from reviewing departments.

The Board of County Commissioners shall consider the application and County Administrator recommendation and shall hold a public hearing on the application.

Notice of the public hearing shall be provided at least ten days in advance of the meeting through publication in a newspaper of general circulation. In addition, written notification shall be provided to all property owners within 500 feet of the proposed facility.

The private home adult day care facility operator shall be required to obtain an occupational license from the county.

No structure shall be constructed for the sole purpose of being utilized as a private home adult day care facility; no existing structure shall be enlarged or expanded for the purpose of providing additional area for a private home adult day care facility. Private home adult day care facilities shall maintain their principal function as single-family residences. The exterior appearance of the structure shall not be altered from its single-family character.

Only a single sign, for the purposes of identification, not advertisement, shall be permitted. This sign shall not exceed two square feet in area, and be posted no higher than 3½ feet from grade. This sign shall not be illuminated.

(3)

Application requirements. An application for a private home adult day care facility shall include the following information:

A site plan drawn to scale showing the location and size of the private home to be utilized as an accessory adult day care facility.

A description of adjoining land uses.

A description of site access and vehicular circulation, including a graphic representation on the site plan. This shall include drop-off and pick-up routes identified, and access for emergency vehicles.

If the facility will have employees, employee parking shall be provided and landscaped consistent with section 10-4.347 and buffered consistent with section 10-7.522.

The facility shall provide documentation of compliance with the provisions of the Americans with Disabilities Act.

If central sanitary sewer service is not available to the proposed site, the applicant shall provide documentation from the director of environmental health that the on-site septic system is appropriate for the proposed use.

The applicant shall include a concurrency management review and resulting certificate of concurrency.

(g)

Private airports.

(1)

Generally. Private airports are not permitted except in the rural or planned unit development districts. All private airports shall comply with the provisions of F.S. ch. 330 and F.A.C. ch.14-60. All terms, words, and phrases used in this section shall have the same meaning or definition as noted in F.S. ch. 330.

(2)

Standards. Private airports may be allowed provided all the following requirements are met:

The proposed landing area shall be located at least 500 feet from residential structures on adjoining properties.

The hours of operation shall be daylight hours, from sunup to sundown.

There shall be no sale of fuel or sale of maintenance services at a private airport. Commercial or business activities of aviation related services such as leasing of tiedowns and hangars, operation of a flight school, or the transportation of passengers for consideration shall not be permitted.

Rural zoning district. Planning department review is required to ensure that the establishment of the private airport is consistent with the Comprehensive Plan and conforms with the land development regulations. Requests for the establishment of a private airport, in the form of an application, shall be filed with the planning department accompanied by a fee, as provided in the county fee schedule, for the purposes of notification. The application shall undergo staff review, including, but not necessarily limited to, review by the planning, development support and environmental management, and public works departments.

The planning department shall provide notice of the application by certified mail to property owners located within 500 feet of the proposed private airport.

Within 45 days of receipt of the application, the director of the planning department shall make a recommendation based on comments from reviewing departments. The Board of County Commissioners shall consider the application and planning department recommendation and shall hold a public hearing on the application. Notice of the public hearing shall be provided at least ten days in advance of the meeting through publication in a newspaper of general circulation. The board shall take final action on the application following the public hearing.

Planned unit development zoning district. A request for a private airport in this district shall comply with the provisions set forth in section 10-6.696.

(3)

Variances. The board of adjustment and appeals shall grant variances to subsection (g)(2) of this section consistent with the provisions of section 10-2.347.

(Code 1992, § 10-6.803; Ord. No. 07-20, § 2, 7-10-2007; Ord. No. 08-03, § 12, 1-29-2008; Ord. No. 14-10, § 19, 6-10-2014; Ord. No. 16-10, §§ 1, 2, 6-14-2016; Ord. No. 17-01, § 11, 1-24-2017; Ord. No. 20-06, § 10, 4-28-2020; Ord. No. 23-05, § 33, 2-21-2023; Ord. No. 23-12, § 2, 11-14-2023)

Sec. 10-6.804. - Temporary uses.

(a)

Temporary uses and structures.

(1)

Regulations. Regulations in this section shall apply to the following:

Temporary uses regulated. Outdoor events and events in temporary structures, intended to accommodate attendance of 250 or more persons may be permitted by the County Administrator or designee upon demonstration of compliance with the following regulations, standards, and requirements specific in this section, and article, as applicable.

Temporary structures regulated. Temporary structures, with a capacity of 100 or more persons regardless of location or use, shall be subject to applicable building permitting requirements. Documentation from the county department of development support and environmental management, building inspection division, that the temporary structure complies with applicable building code requirements; including, receipt of electrical permit and satisfactory inspection for any temporary lighting and temporary electric service for any electric-powered equipment associated with the temporary use is required. Satisfactory inspection of temporary structures, temporary lighting, and temporary electric service for any electric-powered equipment may be demonstrated subsequent to permit issuance, as a condition of the permit, and as noted on the permit.

(2)

Demonstration of compliance with specific standards. Outdoor events and events in temporary structures shall be subject to compliance with the following criteria:

Location. Allowed in any zoning district except for a residential district as defined herein.

Duration. All temporary use permits shall be limited to a period of no longer than 15 consecutive days, except within the rural zoning district, wherein permits shall be limited to a period of no longer than 30 consecutive days. The applicable period in which activities associated with the temporary use may be conducted shall be specified in the permit. Further, all temporary structures associated with the temporary use shall be removed from the site during this period. One extension of the temporary use permit, for a period of no longer than 15 consecutive days, may be obtained through permit re-application; thereafter, an additional five-consecutive-day permit extension may be issued, upon re-application, for the sole purpose of removing temporary structures from the temporary use site. No more than four temporary use permits shall be issued for any specific parcel within any calendar year; a 15-day extension of a temporary use permit shall be counted as an additional permit for purposes of this subsection.

Hours of operation. Hours of operation may be limited to prevent adverse impact on residential or agricultural activities.

Sound amplification. No activity involving the use of electrical sound amplification shall be permitted within 1,000 feet of any residential use.

Placement of temporary structures and equipment. No temporary structure or equipment associated with the temporary use shall be located within 500 feet of any residential property line.

Health and safety standards. In order to obtain a temporary use permit, all temporary uses shall be subject to review by the county to ensure protection of public health and safety, and to minimize adverse impacts to other properties. The applicant for a temporary use permit shall be required to demonstrate the following to obtain a permit:

Documentation, from the county public health department, that the applicant has ensured the provision of adequate sanitary facilities to accommodate the temporary use.

Demonstration that sufficient parking will be provided for the exclusive use of the temporary use.

Documentation, from the county sheriff's office, that the applicant has made arrangements with the sheriff's office to ensure adequate public safety and adequate traffic control for the temporary use, including provisions for directing attendees to appropriate parking facilities. Such arrangements may include assignment of public safety personnel as necessary, with the applicant responsible for any associated costs.

Documentation, from the City of Tallahassee Fire Department and county emergency medical services, that the application complies with applicable fire and life safety code regulations.

Exemptions. The following are exempt from this section:

Activities within any county public park, subject to the county parks and recreation division requirements and policy; and

Public school-sponsored events held on public school property.

Exceptions. The following are excepted from the location requirements set out in subsection (a)(2)a of this section:

The ancillary use of property as associated with a lawfully-established principal use situated upon that property, so long as the ancillary use complies with applicable zoning district regulations; and

Non-commercial recreation and entertainment activities in private parks established through development order approval.

(3)

Additional regulations. Outdoor events and events in temporary structures shall be subject to compliance with the following regulations:

Posting of notice. The county may post a sign of sufficient size at least three days prior to the beginning date of the outdoor event in a visible location on each street frontage of the property for which the permit is issued to inform that a temporary uses permit has been issued for the site and the nature of the use for which the permit was issued.

Hold harmless. The applicant and the owner of the property upon which the temporary use will be located shall affirm through affidavit submitted with the application, that the county shall be held harmless for any liability associated with the temporary use or activity.

Grounds for revocation. Any temporary use permit issued pursuant to the provisions of this section shall be revoked by the County Administrator or designee and the event closed by the sheriff's office immediately upon discovery that the applicant is in violation of the permit or any condition of the permit approval.

Enforcement. Failure to obtain the necessary temporary use permit prior to establishment of a temporary use shall constitute a misdemeanor and result in immediate cessation of the temporary use and subject the property owner, and/or event holder, to a fine not to exceed $500.00. This provision shall be enforced as necessary, by appropriate staff, including, but not limited to, the county sheriff and county code enforcement.

(b)

Temporary construction staging areas.

(1)

Temporary off-site construction staging areas shall be permitted in all zoning districts. A temporary off-site construction staging area proposed within or adjacent to the residential preservation, R-1, R-2, R-3, R-4, R-5, LP, or MH zoning districts shall provide an opaque buffer between the boundary of the proposed site and any adjacent residential use.

(2)

The applicant for a temporary off-site construction staging area permit shall provide the county with a notarized affidavit from the entity contracting the applicant's construction services indicating the location of the construction project, the scope of the work to be completed by the contractor, and the anticipated time required to complete the construction consistent with an approved construction contract.

(3)

The applicant shall provide the county a site plan of the proposed site which identifies adjacent land uses, on-site environmental features, existing topography, the location of any required landscaping, the location of any proposed temporary structures including septic tank, if required, the location of access to the site from a public right-of-way, location of parking, location and type of lighting, and completion of other items as may be appropriate to a specific site. Furthermore, based on the presence of on-site environmental features, the County Administrator or designee may require the applicant to complete the appropriate Environmental Management Act permit.

(4)

A permit for a temporary off-site construction staging area shall be valid for a period not to exceed 24 months. The applicant may request an extension to the original permit based on the anticipated length of the proposed construction project. All other requests for an extension to a previously issued and unexpired temporary construction staging area permit shall be considered on a case-by-case basis and in consideration of the circumstances unique to each request.

(5)

Prior to the expiration of the temporary permit the applicant shall return the site to the predevelopment condition. This shall include, but shall not be limited to, the removal of all structures, including closure of the septic system consistent with the guidelines provided by the county environmental health department if applicable, and certification from a licensed professional in the state that the post-development topography on-site is consistent with the predevelopment condition as identified in the site plan. Failure by the applicant to return the site to the predevelopment condition consistent with the provisions of this section shall constitute a violation of this section, and shall be referred to the county's code enforcement board.

(Code 1992, § 10-6.804; Ord. No. 07-20, § 2, 7-10-2007; Ord. No. 09-25, § 1, 8-25-2009; Ord. No. 10-05, § 1, 2-9-2010; Ord. No. 14-10, § 20, 6-10-2014)

Sec. 10-6.805. - Passive recreational uses.

In all zoning districts in which passive recreational uses and activities are allowed, the least restrictive development standards of that district shall be applicable unless the County Administrator or designee determines that there is potential for serious off-site impact. If such a determination is made, the County Administrator or designee may require more restrictive standards as provided for uses and activities in the applicable district.

(Code 1992, § 10-6.805; Ord. No. 07-20, § 2, 7-10-2007)

Sec. 10-6.806. - Community services and facilities/institutional uses.

(a)

Purpose and intent. The intent of this section is to establish regulations, requirements, and standards for land uses and activities conducted for the public welfare. The location of community services and facilities/institutional uses shall be consistent with the Comprehensive Plan. This section establishes public notice requirements for the establishment of any proposed community services and facilities/institutional uses as well as for the expansion or redesign of any such existing uses or facilities, and provides for public participation in this process. This section promulgates standards to ensure that the location of community services and facilities/institutional uses is as compatible as practicable with surrounding land uses and activities and to ensure that all such facilities or structures are designed to minimize negative impacts upon the surrounding properties.

(b)

Development standards. During the course of the required land development review, the appropriate review authority shall authorize development standards appropriate for the proposed institutional use. Such development standards shall address land use compatibility, environmental constraints, and the availability of infrastructure.

(c)

Minimum requirements for approval; new development. Any and all applications for new community services and facilities/institutional uses must comply with the following requirements:

(1)

Consistency with Comprehensive Plan. The appropriate review authority shall find that the proposed location is consistent with the Comprehensive Plan. New institutional uses and facilities shall be located to serve areas of population experiencing an existing deficiency of facilities and services or to serve areas where demand for facilities and services is projected to occur as identified in the Comprehensive Plan. Facilities and services shall not be established or expanded in any location which will result in land development patterns inconsistent with the Comprehensive Plan nor shall any such development be permitted that is likely to promote the premature development of any area resulting in land use intensities inconsistent with the future land use map. In the determination of proposed facility or structure location or the acceptability of any such proposed expansion, the appropriate review authority may balance the benefits of location in proximity to the service population with any associated disadvantages.

The applicant must demonstrate that there presently exists, or is expected to exist an unmet demand within the community for the public benefit intended to result from the establishment and operation of that proposed or expanded community service/or facility institutional use.

The applicant must demonstrate that the proposed use or facility will alleviate that demand, either in full or in part.

The applicant must demonstrate that the proposed site for the use or facility is suitably located to provide the public benefit to the intended generalized service population area.

The applicant must demonstrate that the proposed use or facility and site are sized according to the demand that the facility is proposed to satisfy.

The applicant must demonstrate and document that the anticipated benefit to be provided to the community outweighs the potential harm to the public interest, including harm to environmentally sensitive areas or private interests, likely to result from the establishment and operation of the proposed community service or facility/institutional use.

The applicant must demonstrate that the establishment and operation of the propose use or facility will not prevent the normal and customary use of residentially zoned properties and residential structures or otherwise adversely affect residential neighborhoods to the extent that residential displacement is likely, or indicate what provisions are proposed to mitigate any adverse effects and displacement.

The applicant must demonstrate that the new facility will promote the efficient use of existing or planned infrastructure and discourage uncontrolled urban sprawl.

(2)

Environmental analysis required. An environmental analysis shall be completed and submitted in conjunction with the application for rezoning review by the governing body. The environmental analysis for community services of facilities/institutional uses to be located in the unincorporated portion of the county shall be completed as per the requirements of article IV of this chapter.

(d)

Minimum requirements for approval; redevelopment/expansion. Any and all applications for the redevelopment, modification, or expansion of existing community services and facilities/institutional uses shall be subject to review and approval by the County Administrator or designee.

(e)

Site plan approval required. Every new use or development of land to be utilized as a community service or facility/institutional use shall require site plan approval before development activities may be permitted.

(1)

In order to grant approval, the appropriate review authority shall find, as a minimum, that the site plan is reasonably sufficient to accurately describe all proposed uses of the property, including, but not limited to the following: The proposed location of all uses and structures, building heights and other dimensions, setbacks and visual screens, accessways, vehicle parking and circulation system, proposed stormwater drainage facilities, abutting properties and their zoning, and all data necessary to the issuance of any permit or approval required by this division and all other applicable land development regulations, other than the building codes.

(2)

The appropriate review authority may approve, deny, approve with conditions, or continue discussion to a date-time certain, regarding the submitted site plan. Continued compliance with any conditions or approval thereof shall be a condition of any other development permit or approval for such use.

(f)

Development review and approval.

(1)

All proposed community service or facility/institutional uses shall be reviewed and approved consistent with the provisions of section 10-7.402.

(2)

Rights-of-way and easements dedicated for public benefit use shall be exempt from the requirements of this division.

(g)

Special requirements for community services and facilities/institutional uses that may cause air pollution. Any new or expanded portion of a facility that is a potential point source of air pollution required by law to obtain an air pollution permit from the state department of environmental regulation or the United States Environmental Protection Agency shall be required to utilize the best available control technology and shall be subject to site plan review by the Board of County Commissioners.

(h)

Private and charter schools. Private and charter schools shall not be accessed from an arterial roadway unless designed to provide full, safe access from both directions. Secondary schools shall not be accessed from a residential local street unless designed as part of a master plan development or planned unit development. Proposed schools shall not require a new driveway access to a designated canopy road, as defined in section 10-1.101.

(Code 1992, § 10-6.806; Ord. No. 07-20, § 2, 7-10-2007; Ord. No. 16-07, § 17, 5-10-2016; Ord. No. 17-01, § 12, 1-24-2017)

Sec. 10-6.807. - Mobile home/manufactured home parks.

(a)

Intent. The purpose of this section is to provide development standards for mobile home/manufactured home parks within the county. This section includes site plan, recreational, buffer, internal street improvement, lot frontage, and off-street parking requirements.

(b)

Approval.

(1)

Site plan. A building permit for a mobile home park shall be issued only after review and approval by the appropriate review authority.

(2)

Required recreational area. The following amounts of land shall be designated and developed for recreational purposes within each mobile home park site:

There shall be at least one recreational area in each park not less than 12,000 square feet in area, excluding water surface or periodically flooded or inundated land.

For 30 to 100 mobile home spaces, an additional 400 square feet for each mobile home shall be provided.

After 100 mobile home spaces, an additional 200 square feet for each additional mobile home lot shall be provided.

Water surface or periodically flooded or inundated land which is usable and maintained for recreation purposes may be used for a maximum of one-fourth of the required recreation area in excess of 12,000 square feet. In addition, each two square feet of water surface area or periodically flooded or inundated land shall be considered as only one square foot of land for purposes of fulfilling the total recreational area requirement.

A designated pedestrian accessway shall be provided to the recreational area. Motor vehicle access may be provided.

(3)

Required buffers. A 20-foot green area is required adjacent and parallel to all public streets. This required buffer shall be maintained in an attractive condition at all times. This required buffer may be included within a required setback.

(4)

Required internal street improvements. All lots or spaces within a mobile home park shall have direct and uninterrupted access restricted to mobile home park major or minor streets, which streets shall have direct access to a public right-of-way. Installation of all internal streets, easements and other improvements to the mobile home park development shall be in conformance with the following:

Dedication of streets and easements within the boundaries of a mobile home park are not required.

Paving of mobile home park streets is not required if the mobile home park is designed to accommodate not more than 12 mobile homes.

Streets in mobile home parks shall be constructed to meet the following standards:

Major streets shall have 30 feet of right-of-way and 24 feet of paving width.

Minor streets shall have 24 feet of right-of-way and 20 feet of paving width.

Dead end streets shall be limited to 500 feet in length and shall provide a terminal with a right-of-way diameter of not less than 70 feet and a paved surface diameter of not less than 60 feet.

(5)

Required lot frontage. Each mobile home park lot must have a minimum of 15 feet of frontage on a mobile home park major or minor street, or on a common off-street parking facility or access aisle thereto.

(6)

Locations and specifications for off-street parking. Off-street parking requirements shall be as found in subdivision 3, division 5, article VII of this chapter with the following exceptions and modifications:

Each parking space shall be directly accessible from a major or minor mobile home park street or access aisle thereto. Parking facilities serving mobile home lots without major or minor mobile home park street frontage shall be so arranged that no automobile shall have to back into any major or minor mobile home park street. All entrance and exit driveways shall be located no closer than 25 feet from a major or minor mobile home park street intersection.

Required on-site parking for a single mobile home lot may be accommodated by a parking stall a minimum of 38 feet in length and nine feet in width, exclusive of mobile home park street rights-of-way.

Common off-street parking facilities serving individual mobile home lots may be utilized provided:

Motor vehicle access to such facilities shall be limited to major mobile home park street.

Mobile home lots which abut a common off-street parking facility shall have motor vehicle access limited to that facility.

Not more than five lots shall be served by each off-street parking facility.

Access aisles shall not encroach upon any required lot.

Areas devoted to off-street parking facilities shall not encroach upon the required paving width of major and minor mobile home park streets.

The parking facility shall not be in excess of a radius of 150 feet from the mobile home which it serves.

A sidewalk not less than 3½ feet in width shall be provided and maintained between the mobile home entrance and the common off-street parking facility.

(Code 1992, § 10-6.807; Ord. No. 07-20, § 2, 7-10-2007)

Sec. 10-6.808. - Airport regulations.

(a)

Definitions. The following words, terms, and phrases, when used in this section, shall be supplemental to the definitions contained in section 10-1.101, which shall be applicable throughout this section unless a conflict with the definitions provided in this section exists, in which case the meaning of the words, terms, and phrases ascribed in this section shall prevail.

Airport elevation means the highest point of an airport's usable landing area measured in feet above mean sea level.

Airport hazard means any structure located within a ten-nautical-mile radius of the geographic center of a publicly owned or operated airport, military airport, or an airport licensed by the state for public use, which obstructs the airspace required for the flight of aircraft in approaching, landing, taking off or departing such airport.

Airport primary surface means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The width of the primary surface of a runway will be that width prescribed in part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Airport zoning chart means a chart or map of the area affected by the airport zoning, which shows the layout of the runways, the airport boundaries and the airport elevation. The chart also sets forth the various zones with the applicable height limitations for each. The chart identifies topographic features such as major streams, rivers, railroads, roads and streets.

Airspace height. For the purpose of determining the height limits in all zones set forth in this section and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

Control zone means airspace extending upward from the surface of the earth which may include one or more airports and is normally a circular area of five statute miles in radius, with extensions where necessary to include approach and departure paths.

Decision height means the height at which a decision must be made during an ILS instrument approach, to either continue the approach or to execute a missed approach.

Heliport means a designated landing area, other than an airport, used primarily for the operation and basing of rotorcraft.

Heliport primary surface means the area of the primary surface coincides in size and shape with the designated landing and takeoff area of a heliport or helistop. This surface is a horizontal plane at the elevation of the established heliport or helistop elevation.

Helistop means a designated landing area other than an airport, used for the operating of rotorcraft where no basing facilities are provided.

Instrument runway means a runway having an existing instrument approach procedure utilizing air navigation facilities or area type navigation equipment, for which an instrument approach procedure has been approved or planned.

Minimum descent altitude means the lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during circle-to-land maneuvering in execution of a standard instrument approach procedure, where no electronic glide slope is provided.

Minimum en route altitude means the altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes.

Minimum obstruction clearance altitude means the specified altitude in effect between radio fixes on VOT airways, off-airway routes or route segments which meets obstruction clearance requirements for the entire route segment and which assures acceptable navigational signal coverage only with 22 miles of a VOR.

Runway means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

STOL (short takeoff and landing) primary surface means an imaginary horizontal plane, 300 feet wide centered on the 236 runway. Its length extends 100 feet beyond each runway end. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Tallahassee International Airport means the airport known as such. The airport boundary is described as follows: the airport being in Township 2 North, Range 1 West, and comprising the west half of section 30 north of the road.

Visual runway means a runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA-approved airport layout plan, a military service's approved military airport layout plan, or by any planning document submitted to the FAA by competent authority.

(b)

Intent. In order to carry out the provisions of this section, there are hereby created and established certain zones which are depicted on the county airport zoning chart. A copy of the official airport zoning chart, marked as exhibit A, is on file at the airport. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as provided in this section.

(c)

Public airport height zones and limitations.

(1)

Horizontal zone. The land lying under a horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is 5,000 feet for all runways designated by the Federal Aviation Administration as visual only and 10,000 feet for all Federal Aviation Administration designated instrument runways. The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a 5,000-foot arc is encompassed by tangents connecting two adjacent 10,000-foot arcs, the 5,000-foot arc shall be disregarded on the construction of the perimeter of the horizontal surface. No structure shall exceed 150 feet above the established airport elevation in the horizontal zone as depicted in exhibit A to Ordinance No. 92-10.

(2)

Conical zone. The land lying under a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet. No structure shall penetrate the conical surface in the conical zone as depicted in exhibit A to Ordinance No. 92-10.

(3)

Primary zone. The land lying under a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; but when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of a primary surface is as follows:

For runways having only visual approaches and load limits of less than 12,500 pounds: 250 feet.

For runways having nonprecision instrument approaches and load limits of less than 12,500 pounds: 500 feet.

For runways having load limits greater than 12,500 pounds the length shall be:

For visual only runways: 500 feet.

For nonprecision instrument runways having visibility minimum of greater than three-fourths statute mile; 500 feet.

For nonprecision instrument runways having visibility minimums of less than three-fourths statute mile and for precision instrument runways: 1,000 feet.

The width of a primary surface of a runway will be that width prescribed in this section for the most precise approach existing or planned for either end of that runway. Height restrictions in the primary zone shall be in compliance with current Federal Aviation Administration directives.

(4)

Approach zone. That land lying under a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end and is depicted in exhibit A to Ordinance No. 92-10.

The inner edge of the approach surface is the same width as the primary zone and it expands uniformly to a width of:

For that end of a runway with only visual approaches and load limit of less than 12,500 pounds: 1,250 feet.

For that end of a runway with only visual approaches and load limit of greater than 12,500 pounds: 1,500 feet.

For that end of a runway with a nonprecision instrument approach and load limit of less than 12,500 pounds: 2,000 feet.

For that end of a nonprecision instrument runway, having visibility minimums greater than three-fourths statute miles and load limits greater than 12,500 pounds: 3,500 feet.

For that end of a nonprecision instrument runway with visibility minimums less than three-fourths statute miles and load limits greater than 12,500 pounds: 4,000 feet.

For precision instrument runways: 16,000 feet.

The approach zone extends for a horizontal distance of:

For all visual only runways: 5,000 feet at a slope of 20 to one.

For all nonprecision runways: 10,000 feet at a slope of 34 to one.

For all precision instrument runways: 10,000 feet at a slope of 50 to one with an additional 12,000 feet at a slope of 40 to one until intersection with a plane 500 feet above the airport elevation, then continuing at 500 feet above airport elevation for 28,000 feet.

The outer width of an approach surface to an end of a runway will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end. No structure shall exceed the height of any point of the approach surface of the most precise approach existing or planned for the runway end as depicted in exhibit A to Ordinance No. 92-10.

(5)

Transitional zone. That land lying under these surfaces extending outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of seven to one from the sides of the primary surface and from the sides of the approach surfaces. However, when the slope of seven to one intersects a plane 500 feet above the established airport elevation, the transitional surface becomes a plane 500 feet above the established airport elevation as depicted in exhibit A to Ordinance No. 92-10. No structure shall be erected that raises the published minimum descent altitude or decision height for any instrument approach to any runway.

(d)

Heliports.

(1)

Heliports and helistops with visual approaches only. The area described as an approach zone for a heliport with visual approaches is a trapezoidal area increasing in width from the coincident width of the primary surface to a width of 500 feet at a horizontal distance of 4,000 feet from the primary surface. Its centerline is the continuation of the centerline of the primary surface. This area shall be clear of all obstructions above a glide path of eight to one from the primary surface of each designated landing and takeoff area. The side slope in all other directions shall be clear of all obstructions above a glide path of five to one for a horizontal distance of 500 feet.

(2)

Heliports with instrument approaches. The area described as an approach zone for a heliport with instrument approaches is a trapezoidal area increasing in width from the coincident width of the primary surface to a width of 3,400 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the primary surface.

This area shall be clear of all obstructions above a glide path of 15 to one from the primary surface of each designated instrument takeoff and landing area. The side slope in all other directions shall be clear of all obstructions above a glide path of five to one for a horizontal distance of 500 feet.

(e)

STOLport. The area described as an approach zone for STOLport is a trapezoidal area increasing gradually in width from the coincident width of the runway primary surface to a width of 3,400 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the primary surface. This area shall be clear of obstructions above a glide path of 15 to one from the primary surface of each runway. When the approach zone to any runway crosses a road or railroad, the glide path must pass at least 15 feet above the edge of the nearest traffic lane, 17 feet above interstate highways and at least 25 feet above the nearest railroad. The glide slope in all other directions shall be clear of all obstructions above a glide path of five to one for a horizontal distance of 500 feet.

(f)

Use restrictions. Notwithstanding any other provision of this section, no use may be made of land or water within ten nautical miles of the airport reference point of a public airport in the county in such manner as to interfere with the operation of an airborne aircraft, unless such structures do not exceed the above requirements; meet the criteria of FAA rules and regulations, part 77 with amendments, and hold a valid license or construction permit from the Federal Communications Commission. The following special requirements shall apply to each permitted use:

(1)

Within three nautical miles of the airport reference point of a public airport in the county, all lights or illumination used in conjunction with streets, parking, signs or use of land and structure shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from a public airport or in vicinity thereof.

(2)

No operation from any use shall produce smoke, glare or other visual hazards within three statute miles of any usable runway or a public airport.

(3)

No operations from any use in the county shall produce electronic interference with navigation signals or radio communication between the airport and aircraft.

(g)

Lighting. Notwithstanding the preceding provisions of this section, the owner of any structure over 200 feet above ground level must install on that structure lighting in accordance with Federal Aviation Administration advisory circular 70/7460-IC and amendments.

(h)

Variances. Any person desiring to erect or increase the height of any structure, or use his property not in accordance with the regulations prescribed in this section may apply to the board of adjustment and appeals for a variance from such regulation. No application for variance to the requirements of this section may be considered by the board of adjustment and appeals unless a copy of the application has been furnished to the manager of the Tallahassee International Airport.

(i)

Hazard marking and lighting. Any permit or variance granted may be so conditioned as to require the owner of the structure or growth in question to permit the county at its own expense to install, operate and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an airspace hazard.

(Code 1992, § 10-6.808; Ord. No. 07-20, § 2, 7-10-2007)

Sec. 10-6.809. - Transitional residential facilities.

(a)

Purpose and intent. This section is promulgated in response to the needs of the homeless within the community, including emergency shelter, short-term shelter and transitional shelter, for the purpose of providing for the location of transitional residential facilities within the county.

(b)

Where allowed. Transitional residential facilities may be allowed in any zoning district subject to the limitations and in accordance with the procedures and minimum criteria set forth in this division.

(c)

Approval procedure. These facilities shall require submittal of a Permitted Use Verification (PUV) and shall be subject to the Type D site and development plan approval process outlined in article VII of this chapter.

(d)

General information required. Any applicant requesting transitional residential facility approval must submit the following general information for review in order for the application to be considered complete:

(1)

Narrative describing the scope of the facility;

(2)

Documentation demonstrating that the applicant held a minimum of three meetings with neighborhoods and homeowner's associations located within one mile of the proposed facility. These meetings shall be conducted no more than three months prior to submitting an application for Type "D" review to the county;

(3)

Obtained a statement from the Big Bend Continuum of Care which provides its recommendation on the purpose and justification of need for the proposed facility;

(4)

Statement of ownership and management of the proposed transitional residential facility inclusive of a detailed staffing plan to accommodate the proposed scope;

(5)

Legal description and ownership of the subject property;

(6)

Application for concurrency determination;

(7)

General location map showing the relation of the proposed site to existing and proposed features and land uses: major streets, existing utilities and public features, and the land uses of the surrounding area;

(8)

Statement of the size and capacity of the proposed transient transitional residential facility;

(9)

Statement describing in detail, the character and intended use of the transitional residential facility; and

(10)

The following additional information shall be included for transitional residential facility sites which will require new construction:

Statement describing the type and availability of utilities and public facilities to be used; and

Tabulation of the gross acreage of the site and the area to be devoted to impervious surfaces such as structures and parking lots.

(e)

Specific information required. Any applicant requesting a transitional residential facility approval must submit the following specific information for review in order for the application to be complete:

(1)

A recommendation from the Big Bend Continuum of Care regarding the detailed security and staffing plan addressing client to staff ratio, the needs of the facility's residents as well as those of the surrounding community, including a statement describing the special supervision to be provided to residents of the facility;

(2)

A description of all activities and uses to be conducted on the site;

(3)

A description of any needs which may be required by residents of the transitional residential facility which will not be available on-site, and a statement indicating how these needs will be met off-site;

(4)

A site and development plan indicating:

The size, location, height, and setbacks of all existing and proposed buildings and other structures, including a description of the specific use of all buildings and structures;

Any natural conditions which may affect the use of the site;

Off-street parking;

Driveway and access limitation controls;

Location and size of open spaces and landscaped areas or buffering elements;

The general architectural themes, appearance, and representative building types; and

A schedule of any and all renovations or other activities proposed to improve the appearance of any existing structures and grounds.

(f)

Minimum criteria for the issuance of transitional residential facility site and development plan approval. As a Type D review, the application process shall require a pre-application meeting with county staff, the applicant and include participation from the Big Bend Continuum of Care. The application shall require an Application Review Meeting (ARM) along with review by the DRC, which shall provide a recommendation to the Planning Commission. The Planning Commission shall recommend to the Board whether a transitional residential facility approval shall be granted based on finding that the following minimum criteria have been satisfied:

(1)

The use and location of the facility as proposed is consistent with the Comprehensive Plan and applicable land development regulations;

(2)

That the application has addressed the required general information requirements of subsection (d);

(3)

The applicant has provided the following to mitigate potential off-site impacts:

Type "C" buffer along with an eight-foot tall opaque fence adjacent to all adjoining properties with at least half of the required vegetation between the opaque fence and the adjoining property line. Chain link fencing is prohibited.

Dark sky friendly lighting standards have been implemented and the site and development plan illustrates the height and style of light fixtures to be utilized.

Outdoor storage and refuse collection areas shall be screened with materials consistent with the primary façade of the principal building;

(4)

The facility site is served by mass transit or mass transit will be therefrom easily accessible;

(5)

The facility will be of adequate size and design to reasonably accommodate its projected capacity as determined by the Big Bend Continuum of Care;

(6)

New construction or reconstruction of an existing facility and its site features are designed to be compatible with the general architectural theme, appearance and representative building types of adjacent properties and uses; and

(7)

The applicant for the facility provides reasonable assurances that the intensity of the use of the proposed facility shall not unreasonably adversely impact upon existing uses or change the character of the area in which it is to be located. Intensity of the use of the proposed facility shall be determined based upon its size, the number and type of accessory services to be provided, either by itself or in conjunction with other group homes, community residential homes, and transitional residential facilities located within a 2,400-foot distance of the site boundaries. Adverse impacts shall be evaluated particularly with respect to existing residential uses and districts within 500 feet of the site.

(Code 1992, § 10-6.809; Ord. No. 07-20, § 2, 7-10-2007; Ord. No. 21-16, § 2, 11-9-2021)

Sec. 10-6.810. - Community residential home requirements.

(a)

Local government responsibilities.

(1)

In the case of homes of one to six residents, the local government will receive notification from the applicable state licensing agency at the time of home occupancy that the home has been licensed by the applicable state licensing agency. Pursuant to F.S. ch. 419, the following state agencies may license community residential homes: department of elderly affairs, the agency for persons with disabilities, the department of juvenile justice, the department of children and families , or the agency for health care administration, hereinafter referred to collectively as the state licensing agency.

(2)

Review notification by the providers of homes of seven to 14 residents in accordance with F.S. ch. 419 is required.

(3)

In reviewing notifications of homes of seven to 14 residents, the local government may:

Fail to respond within 60 days, in which case the home may be established at the site selected.

Deny the siting of the home, in which case the local government must establish that the siting of the home at the place selected:

Does not otherwise conform to existing zoning regulations applicable to other multifamily uses in area;

Does not meet applicable licensing criteria established as determined by the state licensing agency, including the requirement that the home be located to ensure the safe care and supervision of the clients; or

Would result in such a concentration of community residential homes in the area or a combination of such homes with other residences such that the nature and character of the area would be substantially altered.

Approve the siting.

(b)

Categories of community residential homes. Categories of homes licensed by the state licensing agency are included under F.S. ch. 419.

(c)

Procedures.

(1)

The applicant obtains a license application package from the appropriate the state licensing agency licensing office. A meeting with the state licensing agency district community residential home coordinator should be initiated by the applicant or prospective applicant for licensure, by contacting the appropriate state licensing agency office.

(2)

At this meeting, the coordinator will advise the provider of the notification procedures required by law and will fill out the preliminary survey form for the registry.

(3)

The coordinator will advise the provider that for the purposes of licensure by the state licensing agency the burden of proof regarding the dispersion requirements rests with the provider (for a proposed home of six or fewer residents) or the local government and provider (for a proposed home for seven to 14 residents).

(4)

The coordinator will make the registry available to the provider/sponsor so that the provider/sponsor can check the proposed site for the proximity of other community residential homes.

(d)

Six or fewer residents.

(1)

The provider certifies that the proposed site is not within 1,000 feet of another such home on the most recent edition of HRS Form 1786, March 1990, or its equivalent form if licensed by another agency. The provider notifies the licensing office that the home may be licensed without review or zoning approval by local government by sending a copy of HRS Form 1786 or equivalent to the licensing office. If the proposed site is within 1,000 feet of another such home, or within a radius of 1,200 feet of another existing community residential home, the provider must obtain written approval from the local government for the siting. A copy of the written approval must also be sent to the licensing office.

(2)

Upon completion of licensure, the community residential home coordinator will send notification to the local government that the facility has been licensed (HRS Form 1784 or equivalent). The coordinator will update the community residential homes registry in the district.

(e)

Seven to 14 residents.

(1)

The provider certifies that the proposed site is not within 1000 feet of another such home on the most recent edition of HRS Form 1786, March 1990 or equivalent. The provider notifies the licensing office that the home may be licensed without review or zoning approval by local government by sending a copy of HRS Form 1786 or equivalent to the licensing office. If the proposed site is within 1,000 feet of another such home, the provider must obtain written approval from the local government for the siting. A copy of the written approval must also be sent to the licensing office.

(2)

(3)

The district administrator will provide the notification letter (HRS Form 1785 or equivalent) for inclusion in the provider's local government notification packet.

(4)

The provider must apply to the local government for approval. The local government has 60 days to respond. If no response is provided in 60 days, the home is automatically permitted. It is the provider's responsibility to ensure on HRS Form 1786 or equivalent that the notification package has been sent to the local government and to keep track of the time, contacting the coordinator and the licensing office at the expiration of 60 days. If denied, the provider may request that the local government arrange for conflict resolution through mediation as provided for by F.S. § 419.001(6) or may request an administrative hearing.

(5)

If the proposed site does not meet the dispersion requirement, the provider must obtain approval from the local government. The coordinator will advise the provider to contact the local government directly if the provider wishes to seek siting approval on an exception basis. The provider will notify the district coordinator and the licensing office once the zoning decision has been made.

(6)

Upon completion of licensure, the state licensing agency licensing component will notify the district coordinator.

(7)

Upon licensure, the coordinator will update the local registry and the statewide registry.

(Code 1992, § 10-6.810; Ord. No. 07-20, § 2, 7-10-2007; Ord. No. 13-06, § 6, 3-12-2013)

Sec. 10-6.811. - Day care services.

(a)

For purposes of regulation, day care services shall be described and classified as either a freestanding or principal use, a supplemental use, or an accessory use. This section does not apply to family day care homes as defined in F.S. § 402.302(7). F.S. § 166.0445, states a family day care home constitutes a valid residential use.

(1)

Principal use day care services are day care services that function independently of any other establishment and are not dependent upon location within or adjacent to a major employment center (offices, office parks, industrial parks).

(2)

Supplementary day care services are day care services established as an adjunct to and serving primarily major employment centers (offices, office parks, industrial parks), located within or adjacent to these centers. These establishments shall not be located in such a manner that the primary function is subverted and consumers unrelated to the employment center are the primary consuming group.

(3)

Accessory day care services are nonprofit motivated day care service establishments dependently related to a principal permitted use. These establishments must be located within the structure of the principal use or on the premises.

(b)

Principal day care services may hold themselves out as offering their services to the community at-large and are required to meet the locational and development standards indicated in the schedules in division 5 of this article.

(c)

Supplemental day care services may not hold themselves out as offering their services to the community at-large but rather to a specific employment center population or particular business. Supplemental day care services may, however, provide services to no more than one-third of clientele not related to the employment center. Such establishment shall be clearly subordinate to the principal uses within the employment center and shall be located within the physical plant of the employment center or within one-quarter mile of such center. Supplementary day care services associated with employment centers shall be considered to be permitted uses in all locations where the principal employment center is permitted.

(d)

Accessory day care services may hold themselves out as being an additional service offered to consumers of the principal service or goods offered, provided or manufactured by the (establishment of) principal use. Such day care services must be located on the site or premises of the principal use and no greater in size than 35 percent of the gross square footage of the floor area of the principal use. Accessory day care services shall be considered allowable accessory uses not requiring independent review in accordance with the provisions of this division.

(Code 1992, § 10-6.811; Ord. No. 07-20, § 2, 7-10-2007)

Sec. 10-6.812. - Communication antennas and communication antenna support structures.

(a)

Purpose and intent. The regulations and requirements of this section are intended to:

(1)

Promote the public health, safety and general welfare by regulating the siting of wireless communication facilities;

(2)

Accommodate the growing need and demand for wireless communication services;

(3)

Provide for the appropriate location and development of wireless communication facilities within the county and recognize that the provision of wireless services may be an essential service within such land use categories as may be provided for under the Comprehensive Plan, subject to the limitations of this section;

(4)

Minimize adverse visual effects of wireless communication antenna support structures through careful design, siting, landscape screening and innovative camouflaging techniques;

(5)

Encourage the location and collocation of antennas on existing structures thereby minimizing new visual impacts and reducing the need for additional communication antenna support structures; and

(6)

Further the balance between the need to provide for certainty to the communications industry in the placement of wireless communication facilities and the need to provide certainty to the residents and citizens that the aesthetic integrity of the county will be protected from the proliferation of unnecessary communication antenna support structures.

(b)

Collocation means the mounting or installation of an antenna and associated equipment on an existing communication antenna support structure, building or other structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.

Communication antenna means an antenna, appurtenant to a structure, designed to transmit and/or receive communications authorized by the FCC. The term, "communication antenna," shall not include antennas utilized by amateur radio operators licensed by the FCC.

Communication antenna support structure means a support structure and/or support equipment at a fixed location or base station that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term "communication antenna support structure" includes antenna support structures, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems (DAS) and small-cell networks). Communication antenna support structures are generally described as either monopole (freestanding), lattice (self-supporting), or guyed (anchored with guy wires or cables). The term "communication antenna support structure" is not intended to include or apply to:

(1)

Radio and television broadcast antenna support structures that are licensed by the FCC and used primarily for broadcast purposes. Broadcast antennas and broadcast antenna support structures shall comply with the requirements of section 10-6.813.

(2)

Structures utilized by amateur radio operators licensed by the FCC or communication antenna support structures not exceeding 100 feet in height utilized by essential service providers on a site containing an essential service facility, such as, but not limited to, fire stations, law enforcement facilities, including jails, electrical substations, wastewater treatment plants, sewer lift stations, overhead water storage tanks, water wells and utility operation or service centers, for the provision of telemetry data only.

Communication antenna support structure site means mean a parcel of land smaller than the minimum lot size required in the zoning district completely contained within a lot, but meeting the requirements of the zoning district for the purposes of locating a communication antenna support structure. See Sub-parcel.

Essential service means the provision, by a public utility, of communication services to the public related to fire safety; law enforcement; weather; provision of electric, natural gas, water, or sanitary sewer service; or other circumstances affecting the health, safety, or welfare of the public.

Existing means a communication antenna support structure that has received final approval in the form of a building permit for an approved site and development plan or where substantial construction has been completed, and shall be considered an existing communication antenna support structure so long as such approval is valid and unexpired as of the effective date of the ordinance from which this section is derived.

Feasible collocation means the collocation of antennas where technically and economically feasible, in order to reduce the need for new communication antenna support structure construction. Collocation shall be deemed to be feasible for purposes of this section where all of the following are met:

(1)

The owner or person who otherwise controls the communication antenna support structure or other structure under consideration for collocation will undertake to charge fair and reasonable market rent or other fair and reasonable market compensation for collocation.

(2)

The site on which collocation is being considered, taking into consideration the reasonable replacement of a facility, is able to provide sufficient structural strength to support the proposed communication antenna or related equipment.

(3)

The collocation being considered is technologically reasonable and will not result in unreasonable electromagnetic interference, given appropriate physical adjustments in relation to the structure and antennas.

(4)

The height of the structure necessary for collocation will not be increased beyond a point deemed to be permissible by the County Administrator or designee, taking into consideration the standards contained in this section.

Privately-owned electric utility means a business that provides the infrastructure necessary to deliver electricity and/or water services to the public at-large.

Public utility means a utility owned or operated by the United States, the state, the county, or the City of Tallahassee.

Residential lot means any parcel of land upon which one or more dwelling units are located, which is designated on the county's official zoning map as a zoning district that allows residential development, upon which a residential subdivision plat (preliminary or final) has been approved, or which has been designated for residential uses by any other unexpired development order (i.e., planned unit development area, critical planning area, target planning area or development agreement, with a residential component).

Sub-parcel means a portion of a larger parcel that is used to support the development of a communication antenna support structure. A sub-parcel shall only be created and used for the sole purpose of developing a communication antenna support structure. A sub-parcel is not required to be consistent with the minimum lot size of the zoning district within which it is located. A sub-parcel shall only be created with approval by the county through the appropriate development review and approval process as established by code.

Substantial change means a modification that substantially changes the physical dimensions of a communication antenna, communication antenna support structure or communication antenna support structure site by meeting any of the following criteria:

(1)

Increasing the height of the communication antenna support structure by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater;

(2)

Installing equipment to the body of the communication antenna support structure that would protrude from the edge of the structure more than 20 feet, or more than the width of the structure at the level of the equipment, whichever is greater;

(3)

Installing more than the standard number of new equipment cabinets required for the technology involved, but not to exceed four cabinets;

(4)

Installing equipment or ground cabinets to an communication antenna support structure site that would entail any excavation or placement outside the current footprint and/or site, thereby increasing the overall impervious surface area;

(6)

Installing equipment that would defeat the concealment elements or camouflage of the communication antenna or communication antenna support structure; or

(7)

Does not comply with conditions associated with the prior approval of the communication antenna support structure or communication antenna support structure site, unless noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding substantial change thresholds.

(c)

Applicability. This section is applicable to communication antennas and communication antenna support structures within the unincorporated area of the county and sited or proposed to be sited on property that is located outside of the public rights-of-way. Communication antennas and communication antenna support structures sited or proposed to be sited within the public rights-of-way must comply with the requirements of article V of chapter 16. All communication antennas and communication antenna support structures in the unincorporated areas of the county and sited or proposed to be sited outside of the public rights-of-way shall be subject to these land development regulations and all other applicable building and construction codes. In the event of any conflict between other land development regulations and the regulations contained in this section, the provisions of this section shall override and supersede such other regulations unless otherwise specifically set forth herein.

(1)

Nonconforming uses and structures. To the extent set forth herein, the restrictions on nonconforming uses and structures contained in division 3, article VI of this chapter are modified and supplemented by this section. Bona fide nonconforming communication antenna support structures or communication antennas that are damaged or destroyed may be rebuilt and all such communication antenna support structures or communication antennas may be modified, reconstructed or replaced without meeting the minimum setback requirements specified in subsection (e)(3)c. of this section. The type, height, and location of the communication antenna support structure on the site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the communication antenna support structure shall comply with the applicable county codes and shall be obtained within 180 days from the date the communication antenna support structure is damaged or destroyed. If no permit is applied for or obtained, or if said permit expires, the communication antenna support structure shall be deemed abandoned as specified in subsection (h) of this section.

(2)

Airport regulations. All communication antenna support structure or communication antennas proposed in the unincorporated areas of the county shall comply with the requirements of section 10-6.808. If there is any conflict between the requirements of this section and section 10-6.808, the requirements in section 10-6.808 shall control. Furthermore, no new communication antenna support structure shall be permitted within 1,000 feet of the landing area of a private airport that has been approved by the county pursuant to the provisions of section 10-6.803(g).

(3)

Exemption for government-owned property. The provisions of this section shall not apply to communication antenna support structures or communication antennas located on property, rights-of-way or easements owned by the United States, the state, the county, or the City of Tallahassee, provided those communication antenna support structures are owned by those public entities and are used for the provision of fire safety, law enforcement, emergency management, emergency medical services telecommunications, and/or a governmental purpose.

(4)

Broadcast antennas. The provisions of this section are not intended to apply to the siting of radio and television broadcast antenna support structures licensed by the FCC and used primarily for broadcast purposes which are regulated under section 10-6.813.

(d)

Existing structures. All existing communication antenna support structures shall be allowed to continue to be used as they presently exist, provided that a notice of continuing use is submitted by the communication antenna support structure owner/operator to the department of development support and environmental management once every three years. A notice of continuing use shall certify that the structure continues to be used as a communication antenna support structure and that a security or performance bond has been posted in an amount to be determined by the county to cover the cost of removal plus a reasonable safety factor. Failure to file a notice of continuing use shall constitute abandonment in accordance with subsection (i) of this section. Routine maintenance shall be permitted on such existing communication antenna support structures.

(1)

No rezoning or zoning variance shall be required to locate a communication antenna on an existing non-residential structure or multifamily residential structure 35 feet in height or greater; provided, however, that the communication antenna does not extend more than 20 feet above the existing structure. Such structures may include, but are not limited to, non-residential buildings, water towers, existing communications antenna support structures, recreational light fixtures and essential service provider facilities.

(2)

A communication antenna support structure may be rebuilt, reconstructed, or replaced in any zoning district, other than residential preservation, provided that it is accomplished in a manner consistent with the following:

Type. A communication antenna support structure which is modified or reconstructed to accommodate the collocation of an additional communication antenna shall comply with all the provisions of this section, except subsections (e)(3)a. and (e)(3)c. of this section. The communication antenna support structure shall be of the same type as the existing communication antenna support structure, unless reconstructed as a monopole. Furthermore, camouflaged communication antenna support structures may only be replaced with camouflaged structures of like design.

Height and distance requirements. An existing communication antenna support structure may be modified or rebuilt to a taller height, not to exceed 30 feet or 20 percent of the height of the communication antenna support structure, whichever is greater, over the communication antenna support structure's existing height, to accommodate the collocation of an additional communication antenna, but in no case shall the height of the communication antenna support structure and proposed extension be greater than the distance to an existing residential structure. An increase in height to accommodate collocation shall only occur one time per communication antenna support structure.

On-site location. A communication antenna support structure which is being rebuilt to accommodate the collocation of an additional communication antenna may be moved on-site within 50 feet of its existing location, subject to the minimum distance requirements of this section. After the communication antenna support structure is rebuilt to accommodate collocation, the existing communication antenna support structure must be dismantled and removed within 60 days after the rebuilding so only one communication antenna support structure may remain on the site.

Development review process.

Existing, conforming structures.

(i)

The modification of communication antenna support structures to accommodate the collocation of additional users, not resulting in substantial changes as defined in this section, shall complete a permitted use verification, pursuant to section 10-7.402(1), in support of the proposed project and shall be subject to a project status determination, pursuant to section 10-7.402(2).

(ii)

The rebuilding, reconstructing, or replacing of existing communication antenna support structures to accommodate collocation of additional users, resulting in substantial changes, shall be approved through the Type A site and development plan process, as defined in section 10-7.403.

Existing, nonconforming structures. The rebuilding, reconstructing, replacing or modification of nonconforming communication antenna support structures to accommodate collocation of additional users may only be approved through the Type C site and development plan process, as defined in section 10-7.405.

(e)

New communication antenna support structures.

(1)

Feasibility of collocation. A permit for a new communication antenna support structure shall not be granted unless and until the applicant demonstrates that a feasible collocation, as defined in this section, is not available for the coverage area and capacity needs. The applicant must demonstrate, to the reasonable satisfaction of the county, the limiting factors that render existing communication antenna support structures or other structures unsuitable. The county shall maintain a list of all communication antenna support structures and shall make such list available to new communication antenna support structure applicants. If a party who owns or otherwise controls a new or existing communication antenna support structure shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible collocation, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use and shall be subject to the review process set forth in subsection (d)(2)d. of this section.

(2)

Use of existing public facilities. The county encourages the use of existing public facilities owned by the county, through lease situations, as sites for communication antenna and communication antenna support structures.

(3)

Location and setback requirements.

Zoning districts. A communication antenna support structure or communication antenna may be located in any zoning district so long as it meets the requirements of this section, except a communication antenna support structure or communication antenna shall not be located in residential preservation, on or within 400 feet of property designed as historic preservation overlay, or in a planned unit development unless it is specifically listed as a principal permitted use. Any application for a communication antenna on or within 400 feet of property designated as historic preservation overlay shall request a certificate of appropriateness from the county's architectural review board pursuant to section 10-2.361.

Sub-parcels. A communication antenna support structure may be located on a sub-parcel, as defined in this section, used for other principal uses on a parcel smaller than the minimum lot size required in the zoning district. This parcel shall be considered as the "communication antenna support structure site." The communication antenna support structure site, but not the entire lot, shall be subject to all of the requirements of this section, except as specifically provided herein. The subdivision of land to create a sub-parcel shall be reviewed as part of the communication antenna support structure site plan process outlined in subsection (13) of this section.

Setbacks from residential lots.

If a communication antenna support structure is located on a residential or multifamily residential structure of 35 feet in height or greater, the communication antenna support structure shall be at least 250 feet, but not less than the height of the proposed communication antenna support structure itself, from the nearest residential lot zoned for or constructed with single-family residences or multifamily residences of less than 35 feet in height.

All other communication antenna support structures shall be located at least 300 feet, but not less than the height of the proposed communication antenna support structure itself, from the nearest residential lot zoned for or constructed with single-family residences or multifamily residences of less than 35 feet in height.

(i)

Distances shall be measured from the center of the base of the communication antenna support structure to the residential lot line.

(ii)

Notwithstanding anything to the contrary in the land development regulations, no communication antenna support structure other than a monopole (freestanding) shall be located in any location adjacent to a residential lot.

(iii)

There are no minimum yard requirements for communication antenna support structures.

(iv)

Variances from these setback requirements may be granted consistent with the standards contained in subsection (l) of this section.

(4)

Maximum height. Notwithstanding anything to the contrary in the land development regulations, the maximum height of communication antenna support structures shall be 150 feet, except in Rural (R), Urban Fringe (UF), Industrial (I), Light Industrial (M-1) and Activity Center (AC) Districts or in Planned Unit Developments (PUD), Critical Planning Areas (CPA) or Target Planning Areas (TPA) which include community services, light or heavy infrastructure, or light or heavy industrial uses, in which the maximum height shall be 250 feet. Measurements of communication antenna support structure height shall include the base pad and other appurtenances, and shall be measured from the finished grade at the communication antenna support structure base.

(5)

Illumination. Communication antenna support structures shall not be artificially lighted except to ensure human safety or as required by the FAA.

(6)

Structural design.

Collocation requirements. All new communication antenna support structures shall be structurally designed to accommodate the collocation of communication antennas as follows:

All communication antenna support structures, except camouflaged structures, over 80 feet and up to and including 125 feet in height shall be structurally designed to accommodate at least two service providers.

All communication antenna support structures, except camouflaged structures, over 125 feet and up to and including 150 feet in height shall be structurally designed to accommodate at least three service providers.

All communication antenna support structures, except camouflaged structures, exceeding 150 feet in height shall be structurally designed to accommodate at least four service providers.

Structural integrity. Communication antenna support structures shall be designed and constructed to ensure that the structural failure or collapse of the communication antenna support structure will not create a safety hazard to adjoining properties. Communication antenna support structures shall be constructed to the TIA 222-G Standards, as published by the Telecommunications Industry Association (TIA), which may be amended from time to time, and all applicable county building codes. Further, any improvements and/or additions (i.e., antenna, satellite dishes, etc.) to existing communication antenna support structures shall require submission of site plans sealed and verified by a professional engineer, which demonstrate compliance with the TIA 222-G Standards in effect at the time of said improvement or addition. Said plans shall be submitted to and reviewed and approved by the department of development support and environmental management at the time building permits are requested.

(7)

Fencing. A minimum eight-foot finished masonry wall or fence with no less than 85 percent opacity shall be required around all communication antenna support structure sites. Access to the communication antenna support structure shall be through a locked gate.

(8)

Ownership marking. All communication antenna support structures shall be marked at the entry gate with the proper indicia of ownership, including emergency contact information.

(9)

No advertising. Neither the communication antenna support structure nor the communication antenna support structure site shall be used for advertising purposes and shall not contain any signs for the purpose of advertising.

(10)

Landscaping. The visual impacts of residentially or commercially located communication antenna support structures shall be mitigated through landscaping or other screening materials at the base of the communication antenna support structure and ancillary structures as follows:

A 15-foot, Type B landscape buffer which meets the landscape requirements of section 10-7.522 shall be required around the perimeter of the communication antenna support structure and any accessory structures located outside the required wall or fence;

All required landscaping shall be of the evergreen variety;

All required landscaping shall be xeriscape tolerant or irrigated and properly maintained to ensure good health and vitality;

Required landscaping shall be installed outside the fence or wall; and

Existing vegetation shall be preserved to the maximum extent practicable and may be credited as appropriate toward meeting landscaping requirements.

An applicant may request a deviation to the development standards in this section in accordance with section 10-1.106.

(11)

Finished color. Communication antenna support structures not requiring FAA painting/marking shall have either a galvanized finish or painted a dull blue, gray, or black finish.

(12)

Camouflaged structures. Upon receipt of a completed site and development plan application where a camouflaged structure is being proposed, the County Administrator or designee shall make a determination, based on a recommendation of technical review committee staff, whether the proposed communication antenna support structure qualifies as a camouflaged structure. The determination may be appealed pursuant to the formal proceedings under division 7, article VII of this chapter (planning commission).

Criteria to be considered in determining whether a communication antenna support structure qualifies as a camouflaged structure:

The communication antenna support structure resembles a natural object or a manmade structure (an example of a natural object is a tree; examples of a manmade structure are bell and clock communication antenna support structures, church steeples, detached or attached sign structures or a lookout station);

The communication antenna support structure serves a purpose other than supporting communication antennas (for example, lighting of sports facilities, transmission of electrical and/or telephone lines, flag poles);

The communications antenna support structure is designed to be compatible with the architectural elements, such as bulk, massing, and scale of the surrounding properties or structures; or

The communication antenna support structure is designed to complement or to blend with the principal on-site use or structure, if any.

Camouflaged structures, pursuant to the provisions of this subsection, shall be permitted in all zoning districts. However, no antenna support structure may be located on a residential property used as single-family attached, single-family detached, two-family (duplex) dwellings, or multifamily units containing four or less dwelling units.

Camouflaged structures, pursuant to the provisions of this subsection, shall be setback a distance equal to the height of the communication antenna support structure from the nearest existing building and/or structure.

Variance requests for camouflaged structures shall be reviewed and approved as appropriate by the entity with the authority to approve the proposed project, and shall not be required to complete the board of adjustment and appeals variance process as established by subsection (j) of this section.

(13)

Development review process. The development review and approval system for new communication antenna support structures and communication antenna support structure sites shall consist of the following elements:

A permitted use verification, pursuant to section 10-7.402(1), shall be required for siting all communication antenna support structures and communication antennas.

All communication antenna support structures and communication antennas shall be approved through the Type B site and development plan process, as defined in section 10-7.404. In addition to the requirements of a Type B application, the applicant shall also submit the following information:

A narrative which details the scope of the project and the specific need for a new communication antenna support structure and whether the proposal includes a request to be qualified as a camouflaged structure.

A notarized statement by the applicant stating why feasible collocation on an existing communication antenna support structure cannot be achieved. Supporting evidence that demonstrates feasible collocation cannot be achieved shall accompany the applicant's notarized statement. The statement should also include information regarding the number of additional service providers that the proposed communication antenna support structure has been structurally designed to accommodate, as required by this section.

The location of all communication antenna support structure and communication antennas within a one mile radius of the location of the proposed structure showing any gaps in coverage area and/or capacity that are proposed to be met by the proposed project.

The location and coordinates of the proposed communication antenna support structure in digital format compatible with the county's GIS system.

Legal description of the parent tract and sub-parcel or leased area (if applicable).

A scaled site plan that clearly indicates:

(i)

The location, type, and height of the proposed communication antenna support structure;

(ii)

On-site land uses and zoning;

(iii)

Nature of uses on adjacent and nearby properties within 500 feet of the communication antenna support structure site property line (including when adjacent to other municipalities);

(iv)

Zoning classification of the site and all properties within the applicable setback areas;

(v)

Adjacent roadways and all existing and proposed easements, including proposed method of ingress and egress and access for emergency service vehicles;

(vi)

Setbacks from the property lines and setback distance between proposed communication antenna support structure and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties;

(vii)

Elevation drawings of the proposed communication antenna support structure and any other structures proposed, including, but not limited to, equipment cabinets and sheds;

(viii)

Design of the communication antenna support structure, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, including camouflaging;

(ix)

Surrounding topography, tree coverage and foliage;

(x)

A landscape plan showing specific landscape materials;

(xi)

Fencing details that include the method of meeting opacity requirements and information regarding required ownership marking on entrance gates; and

(xii)

Finished color and, if applicable, the method of camouflage and illumination.

Any other information deemed necessary by the county to assess compliance with this section and all applicable federal, state, or local laws.

In granting a permit, the county shall require the posting of a security or performance bond, in an amount to be determined by the county, not to exceed the cost of removal plus a reasonable safety factor, to ensure removal of such communication antenna support structure if it becomes abandoned as described in subsection (h) of this section. Those entities defined herein as a public utility or a privately-owned electric utility shall be exempt from this requirement.

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

Any decision to deny an application for siting a communication antenna support structure or communication antenna shall be in writing and supported by substantial evidence contained in a written record. No location for placement, construction or modification of a communication antenna support structure or communication antenna shall be regulated on the basis of the environmental effects of radio frequency emissions to the extent that the communication antenna support structure and communication antennas comply with the FCC regulations concerning such emissions.

(f)

Deviations. The county shall consider the following factors in determining whether to issue a permit, although the county may waive or reduce the burden on the applicant of one or more of these criteria if the county concludes that the goals of this section are better served thereby:

(1)

Height of the proposed communication antenna support structure;

(2)

Proximity of the communication antenna support structure to residential structures and residential district boundaries;

(3)

Nature of uses on adjacent and nearby properties within 500 feet of the communication antenna support structure site property line;

(4)

Surrounding topography;

(5)

Surrounding tree coverage and foliage;

(6)

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

(7)

Proposed ingress and egress; and

(8)

Availability of suitable existing communication antenna support structures or other structures.

(g)

Certification of compliance with FCC non-ionizing electromagnetic radiation (NIER) standards. Prior to receiving final inspection, adequate proof shall be submitted to the county documenting that the communication antenna support structure complies with all current FCC regulations for NIER. The County Administrator or designee shall indicate on the site plan approval that this certification has been received.

(h)

Abandonment. In the event the use of any communication antenna support structure has been discontinued for a period of 180 consecutive days, the communication antenna support structure shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the County Administrator or designee, based upon documentation and/or affidavits from the communication antenna support structure owner/operator regarding the issue of usage. Upon the determination of such abandonment, the owner/operator of the communication antenna support structure shall have an additional 180 days within which to:

(1)

Reactivate the use of the communication antenna support structure or transfer the structure to another owner/operator who makes actual use of the structure; or

(2)

Dismantle and remove the structure.

At the earlier of 180 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any exception and/or variance approval for the communication antenna support structure shall automatically expire.

(i)

Judicial review. For purposes of seeking judicial review, county action on a permit application shall not be final until the applicant has exhausted its right to formal proceedings under division 7, article VII of this chapter. Any person adversely affected by any final action or failure to act on a permit application may, within 30 days after final action or failure to act by the county, file a petition for writ of certiorari in the county circuit court.

(j)

Variances. Applications for variances under this section shall be submitted to and reviewed by the board of adjustment and appeals, in accordance with the procedures and hardship criteria outlined in subdivision III, division 3, article II of this chapter. A variance application must include all the information required for submission of a site and development plan review as outlined in this section. No variances to height, setbacks, fencing, or buffer requirements shall be granted for communication antenna support structures and communication antennas located in any residential preservation future land use category, except for camouflaged structures determined in compliance with subsection (e)(12) of this section. Variance requests for camouflaged structures determined to be in compliance with subsection (e)(12) of this section shall be reviewed and approved as appropriate by the entity with the authority to approve the proposed project, and shall not be required to complete the board of adjustment and appeals variance process as established by this section.

(Code 1992, § 10-6.812; Ord. No. 07-20, § 2, 7-10-2007; Ord. No. 09-22, § 1, 7-14-2009; Ord. No. 10-02, § 1, 1-19-2010; Ord. No. 14-10, § 21, 6-10-2014; Ord. No. 15-11, § 1, 9-15-2015; Ord. No. 2017-20, § 4, 12-12-2017; Ord. No. 20-06, § 11, 4-28-2020)

Sec. 10-6.813. - Broadcast antennas and broadcast antenna support structures.

(a)

Applicability; use of existing structures.

(1)

All new broadcast antennas and broadcast antenna support structures in the unincorporated areas of the county shall be subject to these land development regulations and all other applicable building and construction codes. In the event of any conflict between other land development regulations and the regulations contained in this section, the provisions of this section shall override and supersede such other regulations unless otherwise specifically set forth herein.

(2)

Existing; replacement.

All broadcast antennas and broadcast antenna support structures existing on July 14, 2009, shall be allowed to continue to be used as they presently exist, provided that a notice of continuing use is submitted by the broadcast antenna support structure owner/operator to the department of development support and environmental management not later than July 30, 2010, and no later than every three years thereafter. A notice of continuing use shall certify that the structure continues to be used as a broadcast antenna or broadcast antenna support structure and that a security or performance bond has been posted in an amount to be determined by the county to cover the cost of removal plus a reasonable safety factor. The notice of continuing use shall specify the antenna support structure's use, number of collocated antennas and use, owner and contact information for the antenna support structure and all collocated antennas. Failure to file a notice of continuing use shall constitute abandonment in accordance with subsection (p) of this section. Routine maintenance or minor modifications to accommodate additional or new broadcast antennas shall be permitted on such existing broadcast antenna support structures. New construction, other than routine maintenance and modifications, shall comply with the requirements of this section.

Replacement of antennas on a broadcast antenna support structure with a different antenna shall be considered routine maintenance or a minor modification to accommodate a new or additional antenna, provided such maintenance or minor modification does not increase the height of any broadcast antenna support structure more than 25 feet or ten percent, whichever is less, above the initially constructed height.

(3)

For purposes of this section, a broadcast antenna support structure that has received final approval in the form of a building permit for an approved site and development plan or where substantial construction has been completed, shall be considered an existing broadcast antenna support structure, provided such approval is valid and unexpired as of the effective date of the ordinance from which this section is derived.

(4)

A broadcast antenna support structure may be rebuilt, reconstructed, or replaced, in any zoning district other than residential preservation, R-1, R-2, R-3, R-4, R-5, or in a recorded or unrecorded subdivision, regardless of the zoning designation. Broadcast antenna support structures proposed inside the urban service area shall use construction techniques that do not require guy wires (e.g., lattice or monopole structures).

(5)

All broadcast antenna support structures proposed in the unincorporated areas of the county shall comply with the requirements of section 10-6.808. If there is any conflict between the requirements of this section and section 10-6.808, the requirements in section 10-6.808 shall apply. Furthermore, no new broadcast antenna support structure shall be permitted within 1,000 feet of the landing area of a private airport that has been approved by the county pursuant to the provisions of section 10-6.803(g).

(b)

Location and setback requirements.

(1)

Broadcast antenna support structures may be located in any zoning district other than residential preservation, R-1, R-2, R-3, R-4, R-5, or in a recorded or unrecorded residential subdivision, regardless of the zoning designation.

(2)

All broadcast antenna support structures shall be located not less than the height of the proposed broadcast antenna support structure itself, from the nearest residential lot line zoned for or constructed with single or multifamily residences.

(3)

Variances from these location and setback requirements may be granted consistent with the procedures and standards contained in subsections (t), (u), and (v) of this section.

(4)

Distances shall be measured from the center of the base of the broadcast antenna support structure to the residential lot line, or as the case may be, to the lot line of the nearest occupied structure.

(5)

Towers should not be sited in or near wetlands, other known bird concentration areas (e.g., state or federal refuges, staging areas, rookeries), in known migratory or daily movement flyways, or in habitat of threatened or endangered species. Construction is prohibited in areas habitually containing a significant number of breeding, feeding, or roosting birds.

(6)

Broadcast antenna support structures and guy wires shall not be sited in or adjacent wetlands.

(7)

Anchors and guy wires shall be oriented to provide the maximum distance to the nearest residentially-zoned lot line.

(c)

Broadcast antenna support structure permitting.

(1)

New broadcast antenna support structures.

Broadcast antenna support structure applications.

In granting a broadcast antenna support structure permit, the county shall require the posting of a security or performance bond, in an amount to be determined by the county, not to exceed the cost of removal, to ensure removal of such broadcast antenna support structure, if it becomes abandoned as described in subsection (p) of this section.

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

An applicant for a broadcast antenna support structure permit shall submit the information described in this section and a nonrefundable fee as established by the county to reimburse the county for the costs of reviewing the application.

The applicant for a broadcast antenna support structure permit shall be required to obtain Type C site and development plan approval, in accordance with the land development code.

Information required. In addition to any information required by the land development regulations for Type C site and development plans, applicants for a broadcast antenna support structure permit shall submit the following information:

(i)

A scaled site plan clearly indicating the location, type, and height of the proposed broadcast antenna support structure, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), master plan classification of the site and all properties within the applicable setback areas, adjacent roadways, proposed means of access, property lines, elevation drawings of the proposed broadcast antenna support structure and any other structures, topography, parking, and other information deemed by the county to be necessary to assess compliance with this section.

(ii)

A sealed survey performed by a state professional land surveyor, and a legal description of the parent tract and leased parcel (if applicable).

(iii)

The setback distance between the proposed broadcast antenna support structure and the nearest residential unit or residentially zoned property line.

(iv)

The location of all broadcast antenna support structures within a one mile radius of the location of the proposed broadcast antenna support structure, currently existing or closed and filed with the FAA, FCC, or both.

(v)

A landscape plan showing specific landscape materials.

(vi)

Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

(vii)

A description of compliance with the requirements of this section and all applicable federal, state, or local laws.

(viii)

The location of the proposed broadcast antenna support structure in digital format compatible with the county's GIS system.

(ix)

FAA and FCC licenses, permits, or approvals, if applicable.

(x)

The names and addresses of all property owners within 2,640 feet of the proposed broadcast antenna support structure if the proposed site is outside the urban service area, and 500 feet if inside the urban service area. The county will verify this information, and notify all identified property owners of the proposal's required presubmittal meeting.

(xi)

Proof that the applicant owns the broadcast antenna support structure site or has a leasehold interest in the proposed site. If a leasehold interest, the lease must evidence a term of at least ten years, and the fee simple property owner must consent in writing to the proposed use of the broadcast antenna support structure location.

Provisions governing the issuance of permits. The county may consider the following factors in determining whether to issue a broadcast antenna support structure permit, although the county may waive or reduce the burden on the applicant of one or more of these criteria if the county concludes that the goals of this article are better served as determined pursuant to the variance provisions of this chapter:

Height of the proposed broadcast antenna support structure;

Proximity of the broadcast antenna support structure to residential structures and residential zoning district boundaries;

Nature of uses on adjacent and nearby properties, within 2,640 feet of the broadcast antenna support structure site property line;

Surrounding topography;

Surrounding tree coverage and foliage;

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

Proposed ingress and egress.

Colocation options.

(d)

Height. The permitted height of a broadcast antenna support structure is to be determined in accordance with the setback regulations contained in subsection (b)(2) of this section.

(e)

Minimum yard requirements. There are no minimum yard requirements for broadcast antenna support structures.

(f)

Illumination. Broadcast antenna support structure shall not be artificially lighted except to ensure human safety or as required by the FAA.

(1)

Broadcast antenna support structures exceeding 200 feet in height must use the minimum number of lights having the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) permitted by the FAA (i.e., daytime high intensity and night time low intensity). The use of solid red or pulsating red warning lights shall be prohibited at night.

(2)

On broadcast antenna support structures exceeding 200 feet in height, only white strobe lights shall be used at night, where permissible by the FAA. All tower lighting shall automatically switch to the lowest luminance allowed at different times of day or circumstances as defined by FAA advisories.

(3)

All lights on broadcast antenna support structures of any height shall be up-shielded and directed upwards to the maximum extent allowed by FAA regulations, eliminating luminescence toward the ground.

(4)

Guyed broadcast antenna support structures shall use daytime visual markers (e.g., bird diverter devices) on the guy wires to reduce collisions by migratory birds.

(5)

Security lighting for on-ground facilities and equipment shall be down-shielded to keep light within the boundaries of the site and to minimize its potential attraction for birds and impact on adjacent land uses.

(g)

Finished color. Broadcast antenna support structures not requiring FAA painting/marking shall have either a galvanized finish or painted a dull blue, gray, or black finish.

(h)

Structural design. Broadcast antenna support structures shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard, according to the most current EIA/TIA 222 Standards, to adjoining properties. Broadcast antenna support structures shall be constructed to the EIA/TIA 222 Standards, as published by the Electronic Industries Association, which may be amended from time to time, and all applicable county building codes. Further, any improvements and/or additions (i.e., antenna, satellite dishes, etc.) to existing broadcast antenna support structures shall require submission of site plans sealed and verified by a professional engineer, which demonstrate compliance with the most current EIA/TIA 222 Standards in effect at the time of said improvement or addition. Said plans shall be submitted to and reviewed for approval by the department of development support and environmental management and shall incorporate the following:

(1)

The proposed antenna support structure and all apertures shall be designed and built to withstand 125 mph winds. All proposed apertures shall include planned and future antennas, antenna mounts, tower lights, transmission lines, guy wires and other equipment mounted on the tower.

(2)

The proposed antenna support structure shall be designed and constructed with adequate antenna load for planned and future antennas, including planned antennas for public safety (law enforcement, fire, EMS, etc.). At a minimum, the proposed antenna support structure shall be designed and constructed to include five additional antenna spaces with five square foot of loading space per antenna. All proposed future antenna allocations should be at 25-foot intervals on the support structure. A 1⅝ transmission line shall be allocated for each antenna.

(3)

The proposed antenna support structure shall be designed and constructed to include a space allocation at the 150-foot and 135-foot level for cellular/PCS antennas on each tower face.

(i)

Fencing. A minimum eight-foot finished masonry wall or an eight-foot fence with less than 85 percent opacity shall be required around all broadcast antenna support structure sites. Access to the tower shall be through a locked gate.

(j)

No advertising. Neither the broadcast antenna support structure nor the broadcast antenna support structure site shall be used for advertising purposes and shall not contain any signs for the purpose of advertising.

(k)

Landscaping. The visual impacts of residentially or commercially located broadcast antenna support structures shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures as follows:

(1)

A 20-foot landscape buffer which meets the landscape requirements of section 10-7.522 shall be required around the perimeter of the broadcast antenna support structure and any accessory structures located outside the required wall or fence;

(2)

All required landscaping shall be of the native evergreen variety;

(3)

All required landscaping shall be xeriscape tolerant or irrigated and properly maintained to ensure good health and vitality;

(4)

Required landscaping shall be installed outside the fence or wall;

(5)

Existing vegetation shall be preserved to the maximum extent practicable and may be credited as appropriate toward meeting landscaping requirements.

(l)

Access. The operator of a broadcast antenna shall allow reasonable access to all qualified researchers for the purpose of investigating the impact of the broadcast antenna on wildlife.

(m)

Operation of antenna. The proposed or future broadcast antennas shall not impact or interfere with the operation of adjacent or nearby electrical devices. The applicant shall demonstrate compliance with this provision during the site plan review process. Any corrective action shall be at the tower owner's expense.

(n)

Deveiation request. An applicant may request deviation to the standards in this section from the Board of County Commissioners as part of the Type C review process and shall meet section 10-1.106, including the setback standards contained in subsection (b)(2) of this section.

(o)

Nonconforming broadcast antenna support structures. To the extent set forth herein, the restrictions on nonconforming uses and structures contained in division 3, article VI of this chapter are modified and supplemented by this section. Bona fide nonconforming broadcast antenna support structures or broadcast antennas that are damaged or destroyed may be rebuilt and all such broadcast antenna support structures or broadcast antennas may be modified or replaced without meeting the minimum distance requirements specified in subsection (b) of this section. The type, height, and location of the broadcast antenna support structure on the site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the tower shall comply with the applicable county codes and shall be obtained within 180 days from the date the broadcast antenna support structure is damaged or destroyed. If no permit is applied for, or obtained, or if said permit expires, the broadcast antenna support structure shall be deemed abandoned as specified in subsection (p) of this section.

(p)

Abandonment. In the event the use of any broadcast antenna support structure has been discontinued for a period of 180 consecutive days, the broadcast antenna support structure shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the County Administrator or designee, based upon documentation and/or affidavits from the broadcast antenna support structure owner/operator regarding the issue of usage. Upon the determination of such abandonment, the owner/operator of the broadcast antenna support structure shall have an additional 180 days within which to:

(1)

Reactivate the use of the broadcast antenna support structure or transfer the structure to another owner/operator who makes actual use of the structure; or

(2)

Dismantle and remove the structure and all facilities, returning the property to its pre-development state. Upon the expiration of 180 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any exception and/or variance approval for the broadcast antenna support structure shall automatically expire.

(q)

Certification of compliance with FCC NIER standards. Prior to receiving final inspection, documentation shall be submitted to the department of development support and environmental management, building inspection division, demonstrating that the broadcast antenna support structure complies with all current FCC regulations for NIER. The County Administrator or designee shall indicate on the site plan approval that this certification has been received. Future use of this structure for additional broadcast antennas shall be governed by this requirement as well.

(r)

Permitted use vertification. A permitted use verification pursuant to section 10-7.402(1) of the land development regulations shall be required for all proposed broadcast antenna support structures and broadcast antennas.

(s)

Site plan review. All site plan applications for broadcast antenna support structures and broadcast antennas shall be subject to a Type C site plan review and shall be subject to all review requirements in the land development regulations for Type C site plans.

(t)

Variances. Applications for variances from setback requirements under this section shall be submitted to and reviewed by the Board of County Commissioners. Applications for variances must meet the requirements of this section. Variance requests for proposed broadcast antenna support structures that have been determined to be in compliance with subsection (u) of this section shall be reviewed and approved as appropriate by the Board of County Commissioners.

(u)

Supplemental information required for applications for variances. The following information shall be included with all applications for variances. The applicant must submit 12 copies of the application and may use any combination of site plans, surveys, maps, technical reports or written narratives necessary to convey the following information:

(1)

A scaled site plan clearly indicating the broadcast antenna support structure site, type and height of the proposed tower, the location of the accessory building, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, distances from property lines, elevation drawings of the proposed broadcast antenna support structure, and any other proposed structures;

(2)

A current zoning or tax map or aerial, as maintained by the county property appraiser's office, showing the location of the proposed broadcast antenna support structure;

(3)

A sealed survey performed by a state professional land surveyor, and a legal description of the parent tract and broadcast antenna support structure site (if applicable);

(4)

The exact distance between the proposed broadcast antenna support structure and the nearest residential lot line zoned for or constructed with single or multifamily residences, as well as the locations and identifications of said properties, to be shown on an updated zoning or tax map;

(5)

A landscape plan showing specific landscape materials; and

(6)

The method of fencing, finished color and, if applicable, the method of aesthetic mitigation and illumination.

(v)

Variance standards and criteria for broadcast antenna support structures. In addition to the variance criteria in the land development regulations, with respect to action upon applications for zoning variances, the Board of County Commissioners may grant a variance only if it finds from a preponderance of the evidence that the variance meets the following standards and criteria:

(1)

The deviation will not be detrimental to the public good, the surrounding property values, or wildlife;

(2)

The location of existing uses, structures or other features on or adjacent to the property create a need for the variance;

(3)

The variance sought is the minimum necessary to address the need for the variance. An analysis of all reasonable siting alternatives shall be provided to the Board of County Commissioners for consideration;

(4)

The location of the proposed broadcast antenna support structure in relation to existing structures, trees, and other visual buffers shall minimize, to the greatest extent reasonably practicable under the circumstances, any impacts on an affected residential lot;

(5)

The location of the broadcast antenna support structure will not have a significant detrimental impact on adjacent property values;

(6)

The broadcast antenna support structure will be compatible with the existing contiguous uses or zoning and the general character and aesthetics of the neighborhood or the area by considering the following:

The design and height of the broadcast antenna support structure;

The mitigating effect of any existing or proposed landscaping;

Fencing or other structures in the area;

The proximity of the broadcast antenna support structure to existing or proposed buildings or structures, and similar factors;

(7)

The granting of the deviation is consistent with the intent and purpose of this section, the zoning code, and the Comprehensive Plan.

(w)

Ownership marking. All broadcast antenna support structures shall be marked with proper indicia of ownership, including a 24-hour telephone number of the facility's owner or owner's designee located at the entry gate.

(x)

Broadcast antenna means an antenna, appurtenant to a structure, designed to transmit and/or receive communications authorized by the FCC. The term "broadcast antenna" shall not include antennas utilized by amateur radio operators licensed by the FCC.

Broadcast antenna support structure means a principal structure which is intended to support communication equipment related to radio and television broadcasting that is licensed by the FCC and used primarily for broadcast purposes. Broadcast antenna support structures are generally described as either monopole (free standing), lattice (self-supporting), or guyed (anchored with guy wires or cables).

Broadcast antenna support structure site means a parcel of land smaller than the minimum lot size required in the zoning district completely contained within a lot meeting the requirements of the zoning district for the purposes of locating a broadcast antenna support structure.

Residential lot means any parcel of land upon which one or more dwelling units are located; which is designated on the county's official zoning map as a zoning district that allows residential development; upon which a residential subdivision plat (preliminary or final) has been approved; or which has been designated for residential uses by any other unexpired development order (i.e., planned unit development area, critical planning area, target planning area or development agreement, with a residential component).

Sub-parcel means a portion of a larger parcel that is used to support the development of a broadcast antenna support structure. A sub-parcel shall only be created and used for the sole purpose of developing a communication antenna support structure. A sub-parcel is not required to be consistent with the minimum lot size of the zoning district within which it is located. A sub-parcel shall only be created with approval by the county though the appropriate development review and approval process as established by code.

(Code 1992, § 10-6.813; Ord. No. 07-20, § 2, 7-10-2007; Ord. No. 09-22, § 2, 7-14-2009; Ord. No. 10-02, § 2, 1-19-2010; Ord. No. 14-10, § 22, 6-10-2014)

Sec. 10-6.814. - Outdoor paintball ranges.

All outdoor paintball ranges shall be required to demonstrate compliance with the following standards, as determined through the review and approval by the Board of County Commissioners following a duly noticed public hearing; compliance shall be documented on a plan furnished by the applicant demonstrating the following:

(1)

Location. Outdoor paintball ranges shall be allowed only in the following locations: the Rural (R), Urban Fringe (UF), Lake Talquin Recreation Urban Fringe (LTRUF), and Light Industrial (M-1) Zoning Districts.

(2)

Screening, setbacks and separation from other uses. Outdoor paintball ranges shall be allowed only upon demonstration of protection of adjacent properties, public rights-of-way, and private streets, from nuisance impacts, including errant projectiles, noise, lighting and overflow parking, and unkempt site design. All portions of the range shall be setback a minimum of 300 feet from the perimeter property boundaries or 500 feet from the nearest off-site residence, residential zoning district, or subdivision intended primarily for residential land use, whichever distance is greater. This setback standard may be reduced by up to 50 percent if netting, walls, buffering or other containment method is to be incorporated.

(3)

Access. Within the urban services area, outdoor paintball ranges may have access only from streets other than local streets, with the exception that access may be allowed from local streets designated "non-residential" streets in the Comprehensive Plan. Outside the urban services area, access may be allowed from any public street, or any private street under the ownership or control of the proprietor, except that, in no instance, shall the sole route of access be through a street located within the Residential Preservation (RP) Zoning District.

(4)

Additional considerations.

Buffering. Outdoor paintball ranges shall provide a minimum of Type D buffering when adjacent to any residential or agricultural use; a minimum of Type C buffering shall be required for all other adjacencies.

Minimum lot sizes. Three acres.

Lighting. No lighting shall shine directly from the site upon any other property.

Hours of operation. Outside of the urban services area, and adjacent to properties within the residential zoning district, or subdivision intended primarily for residential land use activities shall be limited only to daylight hours.

Parking. No less than eight parking spaces shall be provided; however, the plan shall demonstrate the provision that sufficient parking will be provided so that no parking associated with the property is located off-site. Except for disabled parking spaces, spaces may be gravel or other hard surface if approved by the department of public works.

Solid waste facilities. Solid waste containers shall be located with appropriate screening and landscaping to facilitate aesthetic compatibility with adjacent properties.

Structures and activities. Structures shall be limited to a cumulative size of no greater than 1,000 square feet gross floor area; all accessory activities shall be conducted within structures.

Posting. Signage warning the general public that the site is being used as an outdoor paintball range shall be posed no less than every 150 linear feet along all property perimeter boundaries. Warning signs shall not contain advertising.

Limitation on large competitions. Competitions on the site exceeding ten teams or 60 participants shall be considered large competitions. Any outdoor paintball facility may have no more than two large competitions per year.

Adequate sanitary facilities. The applicant shall furnish documentation, from the county public health department, that the applicant has ensured the provision of adequate sanitary facilities to accommodate the proposed use.

Safety review. The applicant shall furnish documentation, from the City of Tallahassee Fire Department and the county emergency medical services that the proposed use complies with applicable fire and life safety code regulations.

(5)

Environmental review. The applicant shall furnish documentation of compliance with all applicable environmental regulations and review standards, demonstrating that the proposed site design will not adversely impact any preservation or conservation features, will properly maintain and manage stormwater run-off, and minimize other adverse environmental impact including: approval of an NFI; receipt of applicable environmental permits; and other documentation, as may be required by the county department of development support and environmental management and department of public works. Completion and approval of environmental impact assessment shall not be required.

(6)

Review process. Application for outdoor paintball range special exception use shall require Type C review. Final disposition may be either approval, approval with conditions, denial, or continuation to a date certain.

(7)

Temporary use. In no instance shall an outdoor paintball range be authorized as a temporary use, except as in compliance with this section.

(8)

Hold harmless. The applicant and the owner of the property upon which the outdoor paintball range will be located shall affirm, through affidavit submitted with the application, that the county shall be held harmless for any liability associated with the use or activity.

(9)

Grounds for revocation; misuse of paintball facilities. In no instance shall any person on the premises shoot or attempt to shoot paintballs or any other projectiles at persons not involved in competition, or any animal. Any approval issued pursuant to the provisions of this section shall be revoked by the County Administrator or designee and the premises closed immediately upon discovery that the proprietor is in violation of the approval.

(10)

Enforcement. Failure to obtain approval prior to establishment of an outdoor paintball range shall result in immediate cessation of the use and shall be a violation of this Code. This provision shall be enforced as necessary by appropriate staff.

(Code 1992, § 10-6.814; Ord. No. 07-20, § 2, 7-10-2007; Ord. No. 14-10, § 23, 6-10-2014)

Sec. 10-6.815. - Rural small-scale plant nurseries.

Nurseries and establishments selling plants and/or produce may be allowed as follows:

(1)

In compliance with general regulations for retail nursery or produce establishments;

(2)

On the same property as a residential or agricultural operation, when the plants and/or produce are grown on or within 50 miles of the site. This section establishes regulations and minimum standards for rural plant nurseries established in association with a residential or agricultural use.

Minimum standards for establishment. Rural small-scale plant nurseries within subsection (2) of this section, shall comply with the following minimum standards:

Location. That the point of sales shall be within one of the following zoning districts: Rural (R), Urban Fringe (UF), Lake Talquin Recreation Urban Fringe (LTRUF), and Rural Community (RC). Sales shall be prohibited within the Residential Preservation (RP) Overlay Zoning District. In addition, the parcel on which the sales are to occur shall be adjacent to one of the following types of streets, as designated within the Comprehensive Plan: a principal arterial; a minor arterial; a major collector; a minor collector; or a non-residential street.

Buffering. A buffer of no less than Type B standard, or Type A standard with an eight-foot-tall opaque fence, shall be provided between the use and any adjacent residential uses, except that this standard may be reduced if less buffering is approved in writing by the adjacent property owner prior to approval or if the adjacent property is used for retail sales of nursery plants or produce.

Setbacks. Setbacks shall comply with district minimums or 20 feet, whichever is greater. No material may be kept or stored within setbacks; solid waste containers may not be located within setbacks.

Access. Access may be allowed from a public street, or private street under the ownership or control of the owner of the property where sales are conducted, except that, in no instance, shall the sole route of access be through a street located within the Residential Preservation (RP) Zoning District in accordance with the following: A plan of vehicular access to and from the site shall demonstrate that traffic associated with the business will not travel on that portion of a local street with frontage containing residential land use, zoned for residential land use, or containing subdivision lots intended primarily for residential land use, with the exception that when such use is established on a corner lot, and access is precluded from one street, access may be provided via the other adjoining street, opposite a residential use; and wherein access shall not be provided directly via a canopy road, as designated in the Comprehensive Plan.

Minimum lot size. No minimum.

Maximum use area size. One acre. When established on lots greater than one acre, the plan shall delineate the limits of sales and associated activities.

Hours of operation. All activities associated with the small scale nursery shall be limited to daylight hours.

Lighting. The application shall include a lighting plan demonstrating that lighting is designed and located to minimize night-sky light pollution and adverse impact to other properties and public rights-of-way. No lighting shall be allowed to shine directly upon any other property.

Parking. No more than eight parking spaces shall be provided per acre. No parking associated with the property may be located off-site. Except for disabled parking spaces, spaces may be gravel or other hard surface if approved by the department of public works.

10.

Solid waste facilities. All solid waste materials, other than those to be placed in composting, shall be placed and stored within enclosed containers. Solid waste containers shall be located with appropriate screening and landscaping to facilitate aesthetic compatibility with adjacent properties.

11.

Maximum cumulative structure size. Non-residential structures associated with the sale of nursery and produce products, including greenhouses and storage facilities, shall be limited to 2,500 square feet (or, if utilizing a converted residential structure, no larger than that structure); the cumulative size of all structures, including principal and accessory structures on-site shall not exceed a floor area ratio of 8,000 square feet gross floor area per acre.

12.

Maximum structure height. Structure height shall not exceed 20 feet, except for the use of any barn or silo associated with any agricultural operation on property currently holding certification of agricultural classification from the county property appraiser's office.

13.

Loading and deliveries. All loading and deliveries shall be limited to that portion of the site least likely to create unsafe traffic movements (including both pedestrian and vehicular traffic) and to minimize impacts to off-site properties.

14.

Signage. Signs shall comply with applicable standards of this chapter, except that: a maximum of one wall sign, as defined therein, shall be allowed; and ground signs, as defined therein, shall be prohibited.

15.

16.

Environmental regulatory compliance. The applicant shall furnish documentation of compliance with all applicable environmental regulations and review standards, demonstrating that the proposed site design will not adversely impact any preservation or conservation features, will properly maintain and manage stormwater run-off, and minimize other adverse environmental impact, including: approval of an NFI—no impact, NFI, or NFI—with floodplain, as applicable; receipt of applicable environmental permits; and other documentation, as may be required by the county department of development support and environmental management, department of public works, and any other regulatory agency's permitting requirements.

Review process. Application for rural small-scale nursery special exception use shall require Type C review.

Enforcement. Failure to obtain approval prior to establishment of a rural small-scale plan nursery shall result in immediate cessation of the use and shall be a violation of this Code. This provision shall be enforced as necessary by appropriate staff.

(Code 1992, § 10-6.815; Ord. No. 07-20, § 2, 7-10-2007; Ord. No. 14-10, § 24, 6-10-2014)

Sec. 10-6.816. - Urban agriculture.

(a)

Purpose and intent. This section is enacted to promote agricultural activities that can help communities increase their food security by producing their own healthy food. Urban agriculture activities include home gardens, community gardens and urban farms, and may also include aquaponics, hydroponics and the keeping of urban agriculture animals, while also limiting adverse environmental impact and land use incompatibilities.

(b)

Applicability. This section shall not apply to properties in zoning districts which allow agriculture uses as a principal use, or properties that have a bona-fide farm operation on land classified as agricultural land pursuant to F.S. § 193.461.

(c)

General provisions.

(1)

Generally.

The owner of any urban agriculture animal must comply with the public nuisance prohibitions provided in section 4-36, Leon County Code of Laws.

The owner of any urban agriculture animal must comply with the humane care standards provided in section 4-37, Leon County Code of Laws.

Hens, roosters, and ducks, where allowed, shall be contained within a pen or coop. The pen or coop shall be located in the rear yard if located on properties zoned for and/or used for residential purposes. Specific setback requirements are further outlined in this section.

(2)

Prohibitions. The following are prohibited within home gardens, community gardens, and urban farms:

The slaughtering of urban agriculture animals;

Allowing the property to contain rodents, offensive odors, excessive noise, or any other condition, which could cause a nuisance.

On-premises sales of urban agriculture animals or their byproducts, except as expressly permitted in this section;

The keeping of roosters or any other crowing chickens, except as expressly permitted in this section; and

Allowing hens, roosters, or ducks to run at large upon the streets, alleys, or other public places or upon the property of another person.

(3)

Environmental compliance. The property owner, or any person or group managing a home garden, community garden, or urban farm, shall ensure that the farm operation complies with applicable environmental management standards set out in article IV of this chapter. Application of fertilizer, pesticide, insecticide, herbicide and/or agricultural-use chemicals shall be consistent with label instructions and article XIV of this chapter.

(4)

Noise limitations. The use of hand tools, and domestic gardening tools and equipment is encouraged. The use of power equipment is also allowed; however, such use shall be in compliance with the noise control ordinance, chapter 12, article II, Leon County Code of Laws.

(5)

Waivers. Setbacks, buffering and fencing standards may be waived for a community garden or urban farm if the adjacent properties are used for farming activities or agriculture and will not be inordinately impacted by the community garden or urban farm.

(6)

State and federal regulations. State and federal regulations regarding licensing, permitting, best management practices, sales, and food safety apply.

(7)

Legal nonconformity status. Any community garden or urban farm existing on the effective date of this section, and which no longer conforms to one or more of the development standards of this section may be continued in a legal nonconformity status. However, the continuation of such legal nonconformity status shall be subject to the regulations set forth in article VI, division 3 of this chapter pertaining to the continuation and elimination of preexisting uses.

(d)

Home gardens. Home gardens are allowed by right as an accessory use to any lawfully established principal residential use. Accessory structures require permitting and are governed by section 10-6.802.

(1)

Hens or ducks. The keeping or raising of hens or ducks within home gardens is permitted, subject to the following standards:

No more than ten hens or ducks may be permitted per single-family, two-family or multifamily residence;

Hens and ducks shall be kept or raised for personal use only and byproducts (eggs) for personal consumption only; and

Roosters are prohibited.

(e)

Community gardens. Community gardens shall be a permitted use in all zoning districts. Community gardens on county-owned property must first submit an application to the county. All community gardens shall comply with the following specific standards:

(1)

Size limitation. Community gardens one-half acre or less in size shall not require approval by the county unless the community garden is on county-owned land and goes through the county community garden application process. A community garden greater than one-half acre must obtain approval from the county. The size of the community garden may be limited based on environmental constraints and avoidance of adverse impacts to any other established use of the property or adjacent properties.

(2)

Accessory structures. Accessory structures shall be allowed without a principal structure on a permitted community garden.

(3)

Permit review requirements:

Letter of Zoning (LOZ) Certification. A LOZ shall be applied for and the request found eligible or conditional for the establishment of a community garden greater than one-half acre in size.

Environmental Management Permit (EMP). The area of a community garden may be limited due to the existence of environmentally sensitive areas on the property. An EMP (Short Form A Non-Residential) may be required and shall be determined through the LOZ certification process.

(4)

Urban agriculture animals. The keeping or raising of urban agriculture animals is permitted subject to the following standards:

Hens, ducks and roosters. No more than 20 hens or ducks and one rooster may be kept on a community garden. Pens and coops shall be set back at least 50 feet from the nearest adjacent principal dwelling.

Bees. Colonies of honey bees may be kept on a community garden consistent with the regulations set forth in the Florida Administrative Code and the Florida Department of Agriculture and Consumer Services guidelines and best management practices for beekeeping on non-agricultural lands, which includes requirements such as but not limited to: setbacks, fencing, water sources, and limitations on colony size allowances based on the size of the property. All beekeepers with honey bee colonies must register with the state.

(5)

Sale of produce and byproducts. The fruits, vegetables, plants, flowers, or herbs grown in a community garden, or the byproducts of urban agriculture animals, shall not be sold wholesale nor otherwise offered for sale on such community garden premises; however, this does not exclude community gardens from off-site sales at farmer's markets, community sponsored agriculture (CSA) or the like.

(6)

Hours of operation. No gardening activities may occur before sunrise or after sunset.

(7)

Maintenance responsibilities. The owner of the property(-ies) on which the community garden is located shall ultimately be responsible for maintaining the property in compliance with the Leon County Code.

(f)

Urban farms. Urban farms may be allowed in any zoning district inside the urban service area, except those defined as residential districts in section 10-101. Urban farms are subject to the following standards:

(1)

Size limitation. Urban farms shall be no greater than three acres in size; however, environmental constraints or mitigation of off-site impacts may limit the maximum size allowed.

(2)

Permit review requirements:

Permitted Use Verification (PUV). A PUV certificate shall be applied for and found eligible or conditional for the establishment of an urban farm.

Site plan review. An urban farm shall be reviewed in accordance with the site and development plan review thresholds established in section 10-7.402 (and Table 10-7.1).

(3)

Environmental Management Permit (EMP). The area of an urban farm may be limited due to the existence of environmentally sensitive areas on the property. An EMP (Short Form A Non-Residential) may be required and shall be determined through the PUV process.

(4)

Submittal requirements. In addition to those requirements found in article VII, division 4 of this chapter, each site plan application shall include an urban farm plan that addresses the following:

An inventory of animals that will be raised or kept on-site as part of the farm operation;

A lighting plan that shows the location, type, height and intensity of lighting on-site;

The hours of operation for the farm and any proposed hours for on-site sales and deliveries;

The on-site water source for the urban farm and the location, size and operating method of any proposed rain-capture systems;

A description of the type, size, and building materials of structures to be built or located on-site;

A description of any events and/or educational components directly related to the urban farm which are being proposed on-site, and how parking will be accommodated. Temporary uses and events are regulated by section 10-6.804;

A parking plan that shows adequate parking to accommodate farmers, customers, and/or visitors;

Disclosure of the intent to produce, spread, or sell compost materials, the location of these materials on the site, and the anticipated frequency of application; and

A management plan for maintenance responsibilities including who shall ultimately be responsible for maintaining and managing the property utilized for the urban farm. This plan shall address the maintenance of all crops, urban agriculture animals, and supporting infrastructure to ensure that it does not become: overgrown with weeds; infested by invasive exotic plants or vermin; a source of erosion or stormwater runoff; or a source of pollution by fertilizer or pesticide, insecticide, herbicide, or other agricultural-use chemicals.

(4)

Urban agriculture animals. The keeping or raising of urban agriculture animals is permitted subject to the following standards:

Hens, ducks and roosters. Hens and ducks may be kept on an urban farm and are not limited in number. No more than two roosters may be kept on an urban farm. Pens and coops are required and shall be set back at least 50 feet from the nearest adjacent principal dwelling.

Bees. Colonies of honey bees may be kept on an urban farm consistent with the regulations set forth in the Florida Administrative Code and the Florida Department of Agriculture and Consumer Services guidelines and best management practices for beekeeping on non-agricultural lands, which includes requirements such as but not limited to: setbacks, fencing, water sources, and limitations on colony size allowances based on the size of the property. All beekeepers with honey bee colonies must register with the state.

Aquatic animals for aquaponics. Aquaponics operations must be operated completely within an enclosed structure (including equipment) and shall be set back at least 50 feet from the nearest adjacent principal dwelling. Aquaponics operations must adhere to regulations regarding licensing, permitting, best management practices, sales, and food safety as outlined by the Florida Department of Agriculture and Consumer Services and the Florida Fish and Wildlife Conservation Commission.

(5)

Accessory structures. Accessory structures shall be allowed without a principal structure on a permitted urban farm. Electrical service may be provided to accommodate accessory structures, for providing security lighting, for the utilization of power tools, and for other purposes determined to be urban farm related. Raised beds or structures supporting bed cover are not considered structures that require a building permit and shall not be subject to the size limitation noted below. Accessory structures shall not be allowed for residential occupancy and/or habitation.

Size. For urban farms adjacent to a residential district or property used solely for residential purposes, no single structure shall be larger than 200 gross square feet in size. All urban farms shall be limited to the maximum building and maximum impervious surface area restrictions of the zoning district in which it is located.

Height. Accessory structures shall not exceed one story (or greater than 24 feet) in height, when adjacent to a residential district or property used solely for residential purposes. All other urban farms shall comply with the height limitations of the zoning district in which they are located.

Setbacks.

Modular buildings, or any structure used as an office or to accommodate guests, will be required to meet the principal structure setbacks for the zoning district in which it is located.

Urban agriculture animal pens and coops shall meet the setback requirements outlined in subsection (d), with no setback being less than 7½ feet.

Other types of accessory structures shall be set back a minimum of 7½ feet from the property line but no less than any required buffer.

Sites that cannot feasibly meet the required setbacks due to environmental features or site layout constraints may request a deviation from development standards, provided the criteria outlined in section 10-1.106 is met or a waiver is granted as provided in subsection (3).

(6)

Buffers and fencing. Type 'A' ten-foot landscape buffer with a six-foot wooden, opaque fence is required when adjacent to a residential district or property used solely for residential purposes, unless a waiver is granted as provided in subsection (3). Plantings shall be placed on the side of the residential development. Existing (non-invasive) vegetation may be used to satisfy this requirement. The use of fruit trees and/or bushes to serve as the required buffer may be permissible and shall be reviewed and approved as part of the site plan review process.

(7)

Lighting. Any proposed lighting shall adhere to dark-sky friendly principles, be no greater than 15 feet in height from grade, and shall be situated on-site to minimize light spill from the property line.

(8)

Parking. Due to the uniqueness of each urban farm, and the potential to have a large variability in parking demand, it is impossible to specify a single parking requirement. For any use not listed in section 10-7.545 (schedule 6-2), the County Administrator or designee, upon review of the proposed use, shall specify the required number of spaces to be provided, using generally accepted traffic engineering practices and standards. On-street parking may be used to meet parking requirements so long as it does not obstruct streets, rights-of-way, driveways or easements. Shared parking agreements with neighboring properties may also be used to satisfy parking requirements.

(9)

Water source. If a water source is needed outside of rain capture systems, an urban farm may be required to connect to central water if service is available within the current Water and Sewer Franchise Agreement area and the utility service provider has determined that a connection is feasible.

(10)

Restrooms. A minimum of one restroom will be required for each urban farm location. Onsite sewage disposal shall comply with the provisions of F.S. § 381.0065, and 64E-6, Florida Administrative Code. If a portable restroom facility is approved for the site, it shall be screened on at least three sides from public view by fencing, structures, or plantings of sufficient height.

(11)

Sale of produce and horticultural plants. An urban farm may have on-site sales only when approved through the site plan review process. Food products, value-added products, or the sale of items not grown or harvested on-site shall be prohibited. On-site sales and deliveries shall only occur during the hours of 7:00 a.m. and 7:00 p.m.

(12)

Maintenance responsibilities. The owner of the property(-ies) on which the urban farm is located shall ultimately be responsible for maintaining the property in compliance with the Leon County Code.

(Ord. No. 2020-07, §§ 2, 3, 4-28-2020)

Editor's note— Ord. No. 2020-07, § 2, adopted April 28, 2020, repealed former § 10-6.816 and § 3 of said ordinance enacted new provisions to read as herein set out. Former § 10-6.816 pertained to community gardens and derived from the 1992 Code, § 10-6.816; Ord. No. 09-03, § 2, adopted Jan. 15, 2009; and Ord. No. 12-17, § 2, adopted Dec. 11, 2012.

Sec. 10-6.817. - Mobile food service operations.

(a)

Purpose and intent. This section provides regulations for small-scale food service operations and for mobile food service operations. Criteria to establish small-scale food service operations or operate as a mobile food service operations are set forth in this section.

(b)

Applicability. This section shall be applicable to and shall regulate any and all mobile food service operations within the unincorporated portions of the county, unless otherwise provided in articles VI and VII of this chapter. In case of a conflict between the requirements in articles VI and VII of this chapter, and this section, the provisions in articles VI and VII of this chapter shall prevail.

(c)

Demonstration of compliance with specific standards.

(1)

Mobile food service operation. A food service operation shall be determined to be a mobile food service operation if it meets all of the following criteria:

The operation is proposed to be located within a zoning district allowing any of the following uses: restaurant, retail food-service, or eating and drinking places;

The operation is contained within a motor vehicle or a trailer that requires a mobile vehicle to tow it;

The vehicle or trailer is not affixed to a permanent structure or affixed to the ground with tie-downs, anchors, piers, pilings or a foundation;

The operation is entirely self-contained, meaning that it does not utilize the physical infrastructure of an external utility provider or external sanitary sewer facilities;

The vehicle or trailer is not located on the same site for more than 18 consecutive hours at a time unless allowed for a permitted special event;

The vehicle or trailer or parking associated with the operation is not located in the right-of-way;

The operation only sells produce or food products; and

The operation shall not be located on a vacant or undeveloped parcel.

(2)

Exemptions. Mobile food service operations shall not be subject to site and development plan review but shall not be exempt from any other applicable local, state or federal permitting requirements. Mobile food service operations approved for use during a permitted special event shall not be subject to this section.

(3)

Small scale food service operation. A food service operation shall be determined to be a permanent, non-mobile, small-scale food service operation if the operation meets subsection (c)(1)a of this section, but does not meet one or more of the remaining criteria. Small-scale food service operations shall be located on developed parcels with an existing non-residential use and shall be subject to site and development plan review, at minimum, pursuant to the administrative streamlined application process (ASAP). Documentation noting approval of the small-scale food service operation from the state regulatory authority authorized to issue permits for mobile food dispensing vehicles shall be required prior to final site and development plan approval.

(4)

Prior lawfully established small-scale food service operations. A lawfully established small-scale food service operation shall be defined as a small-scale food service operation established prior to this section and which meets the state statute definition of lawfully established and which meets the state department of business and professional regulation's (DBPR) requirements. A lawfully established small-scale food service operation in existence on a developed or non-residentially zoned parcel upon the effective date of the ordinance from which this section is derived shall not be subject to the requirements of this section. However, any further development or expansion of an existing and lawfully established small-scale food service operation shall be subject to the applicable regulations of this LDC.

(5)

Noncompliance. Small-scale food service operations or mobile food service operations (MFSO) not in compliance with this section shall be a violation of this LDC and shall require immediate cessation of the use. This provision shall be enforced as necessary, by appropriate staff.

(Code 1992, § 10-6.817; Ord. No. 11-19, § 1, 7-12-2011)

Sec. 10-6.818. - Outdoor dog friendly dining areas.

(a)

Purpose and intent. The purpose and intent of this section is to implement the program authorized by F.S. ch. 509 by permitting public food service establishments within the county, subject to the terms and contained herein, to become exempt from certain portions of the United States Food and Drug Administration Food Code, as amended from time to time, and as adopted by the state division of hotels and restaurants of the department of business and professional regulation, in order to allow patrons' dogs within certain designated outdoor portions of their respective establishments. This section shall be known as the "Outdoor Dog Friendly Dining Program."

(b)

Prohibited. In order to protect the health, safety, and general welfare of the public, a public food service establishment is prohibited from having any dog on its premises unless it possesses a valid permit issued in accordance with this section.

(c)

Service dogs. Service dogs covered under the American's with Disabilities Act (ADA) of 1990, 42 USC 12101 et seq., as amended, are exempt from this section. Under the ADA, state and local governments, business, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all such areas of the facility where the public is normally allowed.

(d)

Scope. This section applies to public food service establishments located within the jurisdictional limits of the county lying outside the municipal limits of the City of Tallahassee.

(e)

Division means the division of hotels and restaurants of the state of Florida Department of Business and Professional Regulation (DBPR).

Dog means the domestic dog, Canis familiaris, or any of the various other animals of the family Canidae.

Outdoor area means an area adjacent to a public food service establishment that is predominantly free of any physical barrier on all sides and above.

Patron has the meaning given to the term "guest" by F.S. ch. 509.

Public food service establishment has the meaning given it by F.S. ch. 509.

(f)

Application requirements. Applications for a designated outdoor dog dining area permit under this section shall be made to the County Administrator or designee, and shall include, along with any other such information deemed reasonably necessary by the County Administrator or designee in order to implement and enforce the provisions of this section, the following:

(1)

The name, location, mailing address, telephone contact information, and e-mail address of the subject public food service establishment.

(2)

The name, location, mailing address, telephone contact information and e-mail address of the permit applicant.

(3)

Written authorization to obtain the permit from the owner of the property on which the public food service establishment is located if the applicant is not the owner.

(4)

A diagram and description of the outdoor area to be designated as available to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to the designated outdoor area; boundaries of the designated area and any other areas of outdoor dining not available for patrons' dogs; any fences or barriers; surrounding property lines and public rights-of-way, including sidewalks and common pathways; and such other information reasonably required by the County Administrator or designee. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional.

(5)

A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area.

(6)

The license number issued by the division for the public food service establishment.

(7)

Payment of an application review fee as established by the fee schedule approved by the Board of County Commissioners and on file with the county department of development support and environmental management (DSEM).

(g)

Permit issuance. Upon the submittal of the required documents and application review fee to DSEM, the County Administrator or designee, shall review and approve the application for the designated outdoor dog dining area. The county may impose additional conditions as necessary in order to protect the health, safety, and welfare of the community.

(h)

Permit renewal. The permit shall be renewed annually, on or before October 1, by submitting an application and the renewal fee as established by the fee schedule on file with DSEM. If the permit renewal application is received five days or later past October 1, a late fee shall be assessed in addition to the annual permit renewal fee.

(i)

Permit transferability. A permit issued pursuant to this section shall not be transferred to a subsequent owner upon the sale or transfer of a public food service establishment, but shall expire automatically upon such sale or transfer. The subsequent owner shall be required to apply for a permit pursuant to this section if such owner wishes to continue to accommodate patrons' dogs.

(j)

Public food service establishment requirements. In order to protect the health, safety, and welfare of the public, and pursuant to F.S. ch. 509, public food service establishments that receive a permit to allow dogs in a designated outdoor area shall comply with the following requirements:

(1)

All public food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling any dog. Employees shall be prohibited from touching, petting, or otherwise handling any dog while serving food or beverages or handling tableware or before entering any other parts of the public food service establishment.

(2)

Patrons in a designated outdoor area shall be advised that they should wash their hands before eating. Waterless hand sanitizer shall be provided at tables in the designated outdoor area.

(3)

Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations.

(4)

Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable and direct control.

(5)

Dogs shall not be allowed on chairs, tables, or other furnishings.

(6)

All table and chair surfaces shall be cleaned and sanitized with an approved product between seating of patrons. Spilled food and drink shall be removed from the floor or ground between seating of patrons.

(7)

Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area.

(8)

At least one sign reminding employees of the applicable rules, including those contained in this section, and those additional rules and regulations, if any, included as further conditions of the permit by the County Administrator or designee, shall be posted in a conspicuous location frequented by employees within the public food service establishment. The mandatory sign shall be not less than 8½ inches in width and 11 inches in height and printed in easily legible typeface of not less than 20-point font size.

(9)

At least one sign reminding patrons of the applicable rules, including those contained in this section, and those additional rules and regulations, if any, included as further conditions of the permit by the County Administrator or designee, shall be posted in a conspicuous location frequented by employees within the public food service establishment. The mandatory sign shall be not less than 8½ inches in width and 11 inches in height and printed in easily legible typeface of not less than 20-point font size.

(10)

At all times while the designated outdoor portion of the public food service establishment is available to patrons and their dogs, at least one sign shall be posted in a conspicuous and public location near the entrance to the designated outdoor portion of the public food service establishment, the purpose of which shall be to place patrons on notice that the designated outdoor portion of the public food service establishment is currently available to patrons accompanied by their dog or dogs. The mandatory sign shall be not less than 8½ inches in width and 11 inches in height and printed in easily legible typeface of not less than 20-point font size.

(11)

Dogs shall not be permitted to travel through indoor or undesignated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment shall not require entrance into or passage through any indoor or undesignated outdoor portion of the public food service establishment.

(k)

Complaints. In accordance with F.S. ch. 509, the County Administrator or designee shall accept and document complaints related to the outdoor dog friendly dining program within the county, and shall report to the division all such complaints and any county-related enforcement actions. The County Administrator or designee shall provide the division with a copy of all approved applications and permits issued on an annual basis.

(l)

Enforcement. Any public food service establishment allowing dogs within an unpermitted outdoor dining area shall be found in violation of this section and shall be subject to any and all enforcement proceedings consistent with the applicable provisions of this LDC and general law.

(1)

If the public food service establishment fails to acquire the proper permit or fails to cease performing the unpermitted activity within the time allowed after receipt of a notice of violation, the public food service establishment may be subject to enforcement pursuant to the code enforcement procedures established in chapter 6.

(2)

Any public food service establishment that violates this section shall be punished as provided in section 1-9. Each day the violation exists shall constitute a separate violation for the purposes of this section and shall be punishable as such.

(m)

Revocation. Any public food service establishment that fails to comply with the permitted outdoor dog dining area as provided in the application diagram approved with the permit shall be guilty of violating this section and shall be subject to any and all enforcement proceedings consistent with the applicable provisions of this LDC and general law.

(1)

The County Administrator or designee may revoke a permit for violation of the designated outdoor dog dining area if after notice and reasonable time in which the grounds for revocation may be corrected, the public food service establishment fails to comply with any of the standards, any condition of approval, fails to comply with the diagram or plans, or fails to maintain any required state or local license. Prior to revocation, the County Administrator or designee shall provide to the public food service establishment the following:

A written notice of intent to revoke the permit shall be provided to the applicant by certified mail;

A seven-calendar-day opportunity to cure the alleged violation, or an opportunity to be heard prior to revocation.

(2)

The decision to revoke a permit may be appealed to the board of adjustment and appeals (BOAA). The decision of the BOAA shall constitute final action subject to judicial review. Any appeal of a revocation decision shall be made no later than 30 calendar days of receipt of a notice of revocation by filing a written notice of appeal with the BOAA, along with the applicable appeal fee. Failure to file a written notice of appeal and appeal fee within the prescribed time period constitutes a waiver of the right to appeal.

(3)

If revoked, an owner may not reapply for a period of 12 months from the date of revocation.

(n)

Liability. Prior to issuance of a permit, the applicant shall submit to the County Administrator or designee a signed instrument agreeing to indemnify and hold harmless the county and its council members, officers, employees, and attorneys. The signed instrument shall be in a form acceptable to the County Attorney and County Administrator or designee, but at a minimum, the instrument shall state the applicant will indemnify and hold the county harmless against liability, including court costs and reasonable attorney's fees, through all appellate proceedings, for any and all claims for damage to property, or injury to, or death of, persons arising out of or resulting from the issuance of the permit.

(Code 1992, § 10-6.818; Ord. No. 16-03, § 1, 4-12-2016, eff. 7-1-2016)

Sec. 10-6.819. - Medical marijuana facilities.

(a)

Purpose and intent. The purpose of this section is to establish requirements that regulate the sale of marijuana to ensure a supply of marijuana to patients who qualify to obtain, possess and use marijuana, pursuant to state law, while promoting compliance with other state laws that regulate marijuana. Nothing in this section is intended to promote or condone the sale, distribution, possession, or use of marijuana for recreational purposes or in violation of applicable state laws.

(b)

Derivative products means products derived from marijuana, including, but not limited to, marijuana oil or consumable products, such as, but not limited to food, teas, tinctures, aerosols, oils, or ointments.

Dispensing organization means an organization authorized by the state to cultivate, process, transport, and dispense marijuana.

Marijuana has the same meaning given to it by F.S. § 381.986(1).

Medical marijuana cultivating facility means any area or facility used for cultivation of marijuana as authorized by the state.

Medical marijuana dispensing facility means the retail sales component of a dispensing organization or medical marijuana treatment center authorized by the state to dispense marijuana, but does not include the cultivation, processing or distribution facilities of the medical marijuana treatment center.

Medical marijuana processing facility means any area or facility used for processing of derivative products as authorized by the state.

Medical marijuana treatment center (MMTC) means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers, and is registered by the state.

(c)

Zoning and location requirements.

(1)

Medical marijuana dispensing facilities, for the purposes of zoning, shall be permissible uses in any zoning district that allows drug stores or retail commercial.

(2)

Medical marijuana dispensing facilities shall be located, at a minimum, 500 feet from any existing school (public or private). Measurements shall be made from the nearest property line of the school to the nearest property line of the medical marijuana dispensing facility. If the medical marijuana dispensing facility is located in a multi-tenant building, the distance shall be measured from the nearest property line of the school to the nearest area of the leasehold or other space actually controlled or occupied by the medical marijuana dispensing facility. Notwithstanding section 10-2.347, the board of adjustment and appeals may waive the 500-foot minimum distance requirement between medical marijuana dispensing facilities and schools (public and private) if the board of adjustment and appeals determines that the proposed location promotes the health, safety, and general welfare of the community.

(3)

Medical marijuana cultivating facilities and medical marijuana processing facilities shall be located, at a minimum, 500 feet away from any existing school (public or private). Measurements shall be made from the nearest property line of the school to the nearest property line of the medical marijuana cultivating facility or medical marijuana processing facility, as appropriate. If the medical marijuana cultivating facility or medical marijuana processing facility is located in a multi-tenant building, the distance shall be measured from the nearest property line of the school to the nearest area of the leasehold or other space actually controlled or occupied by the medical marijuana cultivating facility or medical marijuana processing facility.

(d)

Development review process. A medical marijuana dispensing facility shall be subject to the procedures for review and approval of site and development plans outlined in division 4, article VII of this chapter. A permitted use verification certificate, pursuant to section 10-7.402(1), shall be required for the siting of all medical marijuana dispensing facilities. A permitted use verification certificate is not a development order and shall not be the basis for any claims of estoppel or vesting against any land development regulations or zoning regulations which may be adopted on or after the date of the permitted use verification application and/or certificate. The following supplemental information and documentation shall be submitted for review along with the permitted use verification application to verify the compliance with state statutes:

(1)

Maps and other data that support the requirement for 500-foot distance separation; and

(2)

A copy of the authorization issued by the state department of health, to operate a medical marijuana dispensing facility.

(e)

Parking. Parking for medical marijuana dispensing facilities shall be calculated using the existing parking requirements for general retail uses, as established in division 5 of article VII of this article, and associated schedule 6-2.

(f)

No county liability; indemnification; no defense.

(1)

By accepting a development order issued pursuant to this section, the medical marijuana dispensing organization waives any claim concerning, and releases the county, its officers, elected officials, employees, attorneys and agents from any liability for injuries or damages of any kind that result from any arrests or prosecutions of owners, managers, employees, operators, clients or customers of the dispensing organization for a violation of state or federal laws, rules, or regulations.

(2)

By accepting a development order issued pursuant to this section, the dispensing organization agrees to indemnify, defend, and hold harmless the county, its officers, elected officials, employees, attorneys, agents, and insurers against all liability, claims, and demands on account of any injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, diseases, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the dispensing organization that is subject to the development order.

(3)

The issuance of a development order pursuant to this section shall not be deemed to create an exception, defense, or immunity for any person in regard to any potential criminal liability the person may have under state or federal law for the acquisition, cultivation, possession, processing, transferring, transportation, selling, distribution, dispensing, or administration of marijuana or products containing marijuana.

(Code 1992, § 10-6.819; Ord. No. 17-10, § 1, 6-20-2017; Ord. No. 17-16, § 1, 10-10-2017)

Sec. 10-6.820. - Solar energy systems.

(a)

Purpose and intent. The purpose of this section is to provide the appropriate development standards to support sustainable and renewable solar energy production while mitigating off-site impacts, the protection of environmental features and ensuring the continued health, safety and welfare of the public.

(b)

Development standards. The installation of solar energy systems shall require, at minimum, a building permit but may also require additional review based upon the type and scope of the installation. The installation of solar energy systems for both residential and non-residential uses shall comply with the following standards.

(1)

Building-mounted solar systems. The following standards apply to building-mounted solar systems:

Location. Building-mounted solar systems shall be allowed in any zoning district. No part of the building-mounted solar system shall be mounted on a free-standing wall or fence.

Height. Shall not exceed four feet above the height of any principal building and in no instance shall the building-mounted solar system structure and associated equipment exceed the maximum building height of the zoning district, unless granted a variance by the Board of Adjustment and Appeals in accordance with article II, division 3.

Permit requirements. All building-mounted solar systems shall require submittal of a building permit application. The building permit application shall include the following information at minimum:

The manufacturer's installation instructions of the solar equipment;

An electrical diagram of the system and all electrical connections, including inverter placements, storage devices and system disconnect locations. Electrical connections shall be completed by a Florida licensed electrical contractor;

A wind load analysis for 120 mph (three-second gust) hurricane-force winds (or the minimum required by the latest revision of the Florida Building Code); and

A sketch diagram identifying the location of the solar energy equipment on the structure.

(2)

Accessory ground-mounted solar systems. Accessory ground-mounted solar systems shall be considered accessory structures and will be subject to the accessory structure requirements noted in article VI, division 8 of the LDC. Non-residential accessory ground-mounted systems shall not be subject to the accessory structure size limitations outlined in article VI, division 8 of the LDC if located inside the Urban Service Area. Accessory ground-mounted systems shall be limited to no more than 100 kilowatts outside the Urban Service Area and not to exceed one acre of system size. The following standards shall apply to all accessory ground-mounted solar systems:

Location. Accessory ground-mounted solar systems shall be allowed in any zoning district on a developed parcel with a principal structure, provided the accessory ground-mounted solar system:

Shall not be located within the required front yard setback as defined in the applicable zoning district;

Shall not be located over a septic system or drainfield unless approved by the Florida Department of Health in Leon County;

Shall not be located within preservation areas as defined in article IV of the LDC; and

If located within a conservation area and/or special development zone, the accessory ground-mounted solar system shall be consistent with article IV of the LDC.

Height. Shall not exceed the height allowed in the zoning district as measured from average grade at the base of the structure to the highest point of the array or solar structure.

Permit requirement. A building permit application for a residential accessory ground-mounted solar system shall require submittal of the information noted in subsection (b)(1)c. above, along with the following information:

Site plan identifying the location of the proposed accessory ground-mounted solar system in relation to property boundaries, any existing improvements on the property, trees and/or easements. Measurements for setback compliance shall be measured from the outermost edge of the structure (including the panels and/or associated mounting equipment) to any other structure or property line; and,

Height of the proposed structure and associated equipment.

Modification of site plan. Accessory ground-mounted systems for non-residential uses may require modification to the associated site and development plan and environmental permit.

Exemptions. Projects 1,000 square feet or less in total panel area and not located within the Bradfordville Study Area, Lake Jackson Basin, or any closed drainage basin shall be exempt from environmental permitting. A site may only use this exemption for a total of up to 1,000 square feet. If the total additions exceed 1,000 square feet, a permit will be required. For those systems located within the Bradfordville Study Area, Lake Jackson Basin, or any closed drainage basin that are less than 1,000 square feet, environmental permitting shall be completed via the Short Form B-Low permit application.

(3)

Utility-scale solar systems. The following standards shall apply to utility-scale solar systems:

Location. Utility-scale solar systems shall only be allowed in the Industrial, M-1, UF and Rural zoning districts. Regardless of zoning, these uses shall not be allowed in areas designated as Agriculture/Silviculture/Conservation on the Future Land Use Map of the Comprehensive Plan. Due to the anticipated scale and off-site impacts to residential properties and rural viewsheds, proposed utility-scale solar systems shall be considered special exception uses in the Rural and UF zoning district and shall be further regulated by article VI, division 6 of the LDC, as applicable. Proposed utility-scale solar systems in the Rural and UF zoning districts shall be subject to provision of the following additional documentation:

The application shall provide documentation which demonstrates that the proposed use will not require the removal of an established conservation or preservation area in whole or in part.

Scale. Proposed utility-scale solar energy systems shall not exceed 800 acres in size in the Urban Fringe or Rural zoning district. There is no restriction on size in the M-1 or Industrial zoning district but the proposed use shall meet all applicable development standards.

Height. Shall not exceed the height allowed in the zoning district as measured from average grade at the base of the structure to the highest point of the array or solar structure.

Setbacks and buffers. The following setback and buffer standards shall apply to utility-scale solar energy systems adjacent to a residential land use, habitable dwelling on an adjacent property, or roadway:

System size:	Buffer standard:	Setback:
Less than or equal to 50 acres	Type "D"	75 feet
Greater than 50 acres	Type "D"	200 feet ¹

^1. A deviation to allow a reduction of up to 50% of the setback may be allowed if existing vegetation within the buffer meets or exceeds the Type "D" buffer standard.

For solar energy systems adjacent to any other land use, the following buffers and/or setbacks shall apply:

System size:	Buffer standard:	Setback:
Less than or equal to 50 acres	N/A	Principal structure setbacks for applicable zoning district
Greater than 50 acres	Type "D"	100 feet ¹

^1. A deviation to allow a reduction of up to 50% of the setback may be allowed if existing vegetation within the buffer meets or exceeds the Type "D" buffer standard.

Proposed solar energy systems shall be set back no less than 200 feet from a designated Canopy Road. In no case, shall a deviation or variance be permitted to reduce the setback from a designated Canopy Road.

Security. A utility-scale solar energy facility shall be enclosed by a security fence no less than six feet in height. Access gates and equipment cabinets shall be locked when not in use.

Glare and lighting. The solar energy system components shall be designed with an anti-reflective coating or at least shall not produce glare that would constitute a nuisance to occupants of neighboring properties, or persons traveling adjacent or nearby roads. If lighting is required, it shall be activated by motion sensors, fully shielded or fitted with recessed bulbs so as to minimize light trespass.

Low impact development. The applicant shall provide a management plan that demonstrates utilization of native perennial vegetation to help reduce stormwater runoff, soil conservation and impacts to wetlands and waterbodies. Staff would also encourage the dual use of other agricultural opportunities such as, but not limited to, apiaries to provide pollinator benefits to nearby crops and/or vegetation and grazing to reduce vegetation maintenance costs.

Local utility approval. If connection to a local utility grid is proposed, the applicant shall provide documentation of an executed interconnection agreement prior to site plan approval.

Permit process. Proposed utility-scale solar energy systems may be included in the site and development plan for any proposed residential or non-residential development utilizing such system. For all developments and redevelopments, the following shall apply in addition to subsection (b)(1)c:

Permitted use verification, consistent with article VII, division 4, is required to determine eligibility and permit process;

Pursuant to article IV, division 2, a natural features inventory is required to identify environmental features and constraints;

An administrative streamlined application review (ASAP) pursuant to article VII, division 4, is required provided the application proposes gross building area of no greater than 1,000 square feet or an increase in impervious surface area on the subject parcel of no greater than ten percent. If the proposed utility-scale solar energy system exceeds the ASAP threshold, the application shall be reviewed under a Type "A" site and development plan review in accordance with article VII, division 4. For developments considered special exception uses, the application shall require review pursuant to the Type "C" site and development plan review process in accordance with article VII, division 4;

Environmental permit shall be required consistent with article IV of the LDC;

Building permit application may be required to demonstrate compliance with applicable provisions of the Florida Building Code.

Removal of abandoned systems. Any solar energy system that is not operated for a period of 12 months shall be considered abandoned. Determination of the date of abandonment shall be made by the County Administrator or designee, based upon documentation and/or affidavits from the solar energy system owner/operator regarding the issue of usage. Upon the determination of such abandonment, the owner/operator of the solar energy system shall have an additional 180 days within which to: (1) reactivate the use of the solar energy system or transfer the system to another owner/operator who makes actual use of the system, or (2) dismantle and remove the solar energy system. The owner(s) of an abandoned solar energy system and the owner of the property where the system is located shall be responsible for the removal of the abandoned system or abandoned portions of a system. If the discontinuation of a solar system is the result of a disaster, as defined in section 10-1.101, the property owner shall be provided additional 180-day extensions by the Development Review Committee in order to complete the repair or reconstruction of the system Additional extensions to complete the repair or construction of the system may be granted by the Development Review Committee if the system owner/operator is working in good faith towards restoration of the system. Should the owner or operator of the solar energy system fail to remove the system as required in this section, the county may proceed with the removal of the abandoned solar energy system.

Restoration of a site. Once a solar energy system has been removed, the site shall be restored to condition that will allow effective reuse comparable to surrounding properties within six months of non-use unless the site is exempt pursuant to F.S. § 823.14 or has received approval for redevelopment.

(Ord. No. 20-01, § 2, 1-28-2020)

Sec. 10-6.821. - Urban equine.

(a)

Purpose and intent. This section is enacted to allow individuals to keep horses on residential property, while limiting adverse environmental impact and land use incompatibilities.

(b)

Applicability. This section shall not apply to properties in zoning districts which allow agriculture uses as a principal use or properties that have a bona-fide farm operation on land classified as agricultural land pursuant to F.S. § 193.461. Further, this section shall not be construed to limit the use of service animals.

(c)

General provisions. Horses may be kept on residential property as an accessory use subject to the following restrictions:

(1)

No horses may be kept on residential property less than one acre in size. One horse is permitted on residential properties one acre or greater in size. One additional horse is permitted for each one-half acre greater than one acre. Foals up to one year old do not count towards this limit.

(2)

All horses must be occupant-owned. Commercial stables and riding academies are prohibited except in zoning districts which allow agriculture uses as a principal use.

(3)

Horses shall not have access to any wetland areas on the parcel.

(4)

The owner must comply with the humane care standards provided in section 4-37, Leon County Code of Laws.

(5)

The owner must comply with the public nuisance prohibitions provided in section 4-36, Leon County Code of Laws.

(Ord. No. 2020-07, § 4, 4-28-2020)

Leon County Unincorporated
City Zoning Code

DIVISION 8

SUPPLEMENTARY REGULATIONS FOR SPECIFIC USES

Sec. 10-6.801.- Purpose.

The purpose of this division is to provide supplementary development regulations for specific uses requiring additional development standards.

(Code 1992, § 10-6.801; Ord. No. 07-20, § 2, 7-10-2007)

Sec. 10-6.802. - Accessory structures.

(a)

(1)

There shall be a permitted principal development on the parcel, located in full compliance with all standards and requirements of this division. For purposes of this section:

Electrical service shall only be provided to a principal or accessory structure, except that:

Electrical service may be provided for wells and pumps in any zoning district.

(2)

Zoning District	Site Location Standards	Appearance Requirements	Size Limitations
All zoning districts inside U.S.A., except RA zoning district; and the RC zoning district	May be located in required front yard or side corner yard when principal structure setback is at least 50 feet from the property line and must be set back at least 30 feet from front and side corner property lines. Can be located in the side interior yard, but if in front of the front building facade line, must be set back at least 30 feet from side property line; if behind front facade line, must be set back at least 7½feet from side property line.	When in required front yard or side corner yard, must be similar in architectural style to principal building. In other locations: No architectural requirements.	May be no greater than one-third of the size in floor area of the principal building.
LTUF, UF (except RP overlay) and RA zoning districts	May be located in required front yard or side corner yard when principal structure setback is at least 50 feet from the property line and must be set back at least 30 feet from front and side corner property lines. Can be located in the side interior yard, but if in front of the front building facade line, must be set back at least 30 feet from side property line, if behind front facade line, must be set back at least 7½ feet from side property line.	No architectural requirements.	May be twice as large as the floor area of the principal building.
Rural (except RP overlay)	May be located in required front, rear, or side yards. Must comply with all applicable principal structure minimum yard setbacks, if located in front yard. Otherwise must be no less than 7½ feet from the property line.	No architectural requirements.	No size limit.
Other zoning districts outside USA including RP overlay	May be located in required front yard or side corner yard when principal structure setback is at least 50 feet from the property line and must be set back at least 30 feet from front and side corner property lines. Can be located in the side interior yard, but if in front of the front building facade line, must be set back at least 30 feet from side property line; if behind front facade line, must be set back at least 7½ feet from side property line.	When in required front yard or side corner yard, must be similar in architectural style to principal building. In other locations: No architectural requirements.	May be no greater than one-half of the size in floor area of the principal building on parcels of one acre or greater size; otherwise, may be no greater than one-third of the size in floor area of the principal building.