Article 4: Use Regulations, identifies the land uses that are allowed in each of the zone districts established in this LDC and any applicable standards that apply to the land uses. Section 4.2, Principal Uses, identifies land uses allowed as principal uses in the various zone districts, and sets out special standards that apply to several of the uses. Section 4.3, Accessory Uses and Structures, identifies land uses and structures commonly allowed as accessory to principal uses, sets out general standards applicable to all accessory uses and structures, and sets out special standards that apply to particular accessory uses and structures. Section 4.4, Temporary Uses and Structures, identifies land uses or structures allowed on a temporary basis, sets out general standards applicable to all temporary uses and structures, and sets out special standards that apply to particular temporary uses and structures.

(a)

Purpose. The purpose of this section is to authorize the establishment and continuation of land uses that are allowed as the principal uses on land. This is done by identifying the principal uses allowed as either permitted by right or by approval as a conditional use in the different zone districts, what type of permit or review is required to establish the use, and any special standards applicable to specific principal uses, either generally or when located in a particular zone district.

(b)

Organization and Applicability. Sec. 4.2.2, Principal Use Table, contains Table 4.2.2: Principal Use Table, that identifies allowable principal uses, shows whether each use is permitted by right, by approval of a conditional use permit in accordance with Sec. 2.5.1(g), Conditional Use Permit, prohibited within the various zone districts, or allowed as part of a PD District if it is approved as a PD District . Some principal uses reference provisions within Sec. 4.2.4, Standards Specific to Principal Uses, which sets forth standards applicable to specific principal uses regardless of the zone district in which they are allowed.

(c)

Structure of the Principal Use Table.

(1)

Organization and Classification of Principal Uses. Table 4.2.2: Principal Use Table, organizes allowable principal uses within the following three-tier classification hierarchy, which is described in detail in Sec. 4.2.3, Classification of Principal Uses.

(A)

Use Classifications. The top-level use classifications are very broad and general (Residential Uses; Public, Civic, and Institutional Uses; Commercial Uses; and Light Industrial, Research and Development, and Warehousing Uses).

(B)

Use Categories. Use categories represent major subgroups of the use classifications that have common functional, product, or physical characteristics, such as the type and amount of activity, type of occupants or users/customers, or operational characteristics. For example, the Commercial Use Classification is divided into multiple use categories, including Eating, Drinking, and Entertainment and Recreation and Tourism uses.

(C)

Use Types. Use Types identify specific land uses whose characteristics fit within the various use categories. For example, use types within the Household living category include dwelling, single-family detached; dwelling, two-family (duplex); and dwelling, multifamily. Each use type is defined in Sec. 4.2.3, Classification of Principal Uses. Classifying principal uses in this manner provides a systematic basis for determining whether a particular land use not expressly listed should be considered a use that is either sufficiently similar to an existing use type and should be considered an allowed use, or conforms to the functional or physical characteristics of a use category and should be considered an allowed use.

(2)

Abbreviations in Principal Use Table. Table 4.2.2: Principal Use Table, uses the following abbreviations to designate whether and how a principal use is allowed in a particular zone district.

(3)

Reference to Use-Specific Standards. A particular use category or use type allowed as a principal use in a zone district may be subject to additional standards that are specific to the particular use. The applicability of such use-specific standards is noted in the last column ("Use-Specific Standards") of Table 4.2.2: Principal Use Table, through a reference to standards in Sec. 4.2.4, Standards Specific to Principal Uses.

(d)

Multiple Principal Uses. A development may include a single principal use with one or more accessory uses that are customarily incidental and subordinate to the principal use (e.g., administrative offices as accessory to a school, retail sales, or light manufacturing use). A development may also include multiple principal uses, none of which is necessarily customarily incidental or subordinate to another principal use (e.g., a place of worship combined with a school, or a gas station combined with a convenience store, restaurant, or automotive repair use). A development with multiple principal uses shall include only those principal uses identified in Table 4.2.2: Principal Use Table, as allowed in the applicable zone district. Each principal use is subject to any use-specific standards applicable to the use.

(a)

Residential Uses Classification.

(1)

Household Living Uses. The Household Living Uses category includes use types providing for the residential occupancy of a dwelling unit by a single family. Tenancy is generally arranged on a month-to-month or longer basis. Use types include: live-work dwellings, multifamily dwellings, single-family attached (townhome) dwellings, single-family detached dwellings, two-family (duplex) dwellings, and dwelling units within a professional office building for owner or custodian. This use category does not include residential use types that generally involve some level of managed personal care for a larger number of residents (e.g., continuing care communities or large group homes), which are categorized in the Group Living Uses category. Accessory uses common to Household Living Uses include cottage residences, home-based businesses, and swimming pools.

Dwelling, Single-Family Detached

A dwelling located on its own lot that does not share an exterior wall with another building. There shall only be one (1) single-family detached dwelling on one individual lot.

Dwelling, Townhouse

A group of three (3) or more dwelling units divided from each other by vertical common walls, each having a separate entrance leading directly to the outdoors at ground level. Parking lots, driveways, walkways, and accessory recreation areas may be in areas retained in common ownership which are owned jointly by the owners of townhome units.

Dwelling, Two-Family (Duplex)

A dwelling containing two (2) dwelling units sharing a common wall. At minimum, the common wall must be a minimum of fifty (50) percent of the attached sides of the units. Each dwelling unit must be occupied exclusively by one family. A two-family (duplex) dwelling may be on one (1) level or may include two-story units where a floor/ceiling has the function of a common wall. An optional conjoined dwelling is a two-family dwelling in which the lot is split along a common wall through the lot split procedure (Sec. 2.5.2(d), Lot Split).

Dwelling, Three-Family (Triplex)

A dwelling containing three (3) attached dwelling units that are designed to be occupied by three (3) families living independently of each other.

Dwelling, Four-Family (Fourplex)

A dwelling containing four (4) attached dwelling units that are designed to be occupied by four (4) families living independently of each other.

Dwelling, Multifamily

A dwelling other than a townhome dwelling containing five (5) or more dwelling units that are attached or in the same building. Multifamily dwellings include what are commonly called apartments or condominium units.

Dwelling, Live-work

A structure or portion of a structure combining a residential dwelling unit for one (1) or more persons with an integrated workspace (on the ground floor) principally used by one (1) or more of the dwelling unit residents.

Dwelling, Unit within Professional Office Building for Owner or Custodian

A single housing unit providing complete, independent living facilities for one living unit, including permanent provisions for living, sleeping, eating, cooking, and sanitation, integrated into a structure which has a secondary primary use within the Commercial Uses Classification, Sec. 4.2.3(c)(5), Office Uses. The housing unit is intended solely for occupancy by the proprietor or an employee (and their family) of an establishment in the building, or by an employee of a business that is under contract to provide ongoing security, maintenance, or similar services for the building.

(2)

Group Living Uses. The Group Living Uses category includes use types providing for the residential occupancy of a group of living units by persons who may or may not constitute a single family and may receive some level of personal care. Individual living units often consist of a single room or group of rooms without cooking and eating facilities (though some do have such facilities), but unlike a hotel/motel, are generally occupied on a monthly or longer basis. Use types include assisted care community, extended care facility, foster home, group dwelling or lodging home, group home, and similar uses. This use category does not include use types where persons generally occupy living units for periods of less than thirty (30) days (e.g., hotel/motels), which are categorized in the Visitor Accommodation Uses category. It also does not include use types where residents or inpatients are routinely provided more than modest health care services (e.g., nursing homes), which are categorized in the Health Care Uses category. Accessory uses common to group living uses include recreational facilities, administrative offices, and food preparation and dining facilities.

Assisted Care Community

Any establishment which would require licensure under Ch. 429, Fla. Stat., including Adult Living Facilities, Adult Congregate Living Facilities, Adult Day Care Centers, and Adult Family Care Homes.

Foster Care Home

A residential facility which provides a family living environment including supervision and care necessary to meet the physical, emotional, and social needs of not more than three (3) clients.

Group Dwelling or Lodging Home

A building, or part thereof, in which several unrelated persons or families permanently reside, but in which individual cooking facilities are not provided for persons or families. Group dwelling shall not be deemed to include a hotel, motel, mobile home park or trailer camp, and total occupancy shall not exceed 16.

Group Home

A residential facility which provides a family living environment including supervision and care necessary to meet the physical, emotional, and social needs of at least four (4) clients. There are two (2) types of group home uses:

Group Home, Small

A facility designed for and occupied by no more than six (6) clients living together.

Group Home, Large

A facility designed for and occupied by between seven (7) and sixteen (16) clients living together.

(b)

Public, Civic, and Institutional Uses Classification.

(1)

Community Service Uses. The Community Service Uses category includes use types of a public, nonprofit, or charitable nature providing a local service (e.g., child care facility, cultural, recreational, counseling, funeral services, training, religious) directly to people of the community. Generally, such uses provide ongoing continued service on-site or have employees at the site on a regular basis. The category does not include uses with a residential component. Use types include adult day care; banquet facility; child care center; civic building; community center/civic club; community service facility; cultural facility; government building post office; religious institution; and similar uses. This use category does not include private or commercial health clubs or recreational facilities (categorized in the Recreation/Entertainment Uses category), or counseling in an office setting (categorized in the Office Use category), or passenger terminals for public transportation services (categorized in the Transportation Use category). Accessory uses may include offices, meeting areas, food preparation and dining areas, health and therapy areas, and indoor and outdoor recreational facilities.

Cemetery

A place used for the permanent interment of dead human bodies (including their cremated remains) or pet animal bodies, and may include a memorial garden.

Child Care Center

An establishment which is licensed to operate by the Florida Department of Children and Families as a child care facility, and which operates for less than twenty-four (24) hours per day caring for one (1) or more children twelve (12) years of age or under and where tuition, fees, or other forms of compensation for the care of children is charged.

Community Center/Civic Club

A facility used for recreational, social, educational, and cultural activities. This includes private nonprofit recreational and social facilities, recreational buildings and facilities, banquet facilities used for hosting special occasion events, and community centers operated by public agencies, and may be private or open to the general public.

Community Service Facility

Facilities where food, meals or commodities are served/distributed for not-for-profit social services purposes, or facilities that provide temporary accommodations generally for not-for-profit social service purposes.

Cultural Facility

A facility for storing, using, and loaning — but not sale — of literary, historical, scientific, musical, artistic, or other reference materials or for displaying or preserving objects of interest or providing facilities for one or more of the arts or sciences to the public. Example uses include a library and museum. The facility may also include offices and storage facilities used by staff, meeting rooms, and similar support facilities.

Government Building

A building or facility housing the offices or operations of a department or agency of the city, county, state, or federal government, or a quasi-governmental unit, including but not limited to a building or facility that provides fire protection, police protection, social services, or emergency medical services (not including a hospital or medical or dental clinic), together with community meeting space, incidental storage, and space for maintenance of necessary vehicles.

Post Office

A government facility that provides mailing services, post office boxes, offices, vehicle storage areas, and sorting and distribution facilities for mail.

Religious Institution

A building, together with its accessory structures and uses, where people regularly assemble to conduct religious worship, ceremonies, rituals, and related education. The building and its accessory structures and uses are maintained and controlled by a religious body. Places of worship include chapels, churches, mosques, shrines, synagogues, tabernacles, temples, and other similar religious places of assembly. Accessory uses may include administrative offices, classrooms, meeting rooms, schools, day care facilities, and cooking and eating facilities. A place of worship may include other uses that generally exist as principal uses — e.g., day care center, school, or recreational facility. Such uses shall be treated as principal uses and are subject to the standards and limitations applicable to such uses.

(2)

Education Uses. The Educational Uses category includes use types such as public schools and private schools (including charter schools) at the elementary, middle, or high school level that provide State-mandated basic education or a comparable equivalent. This use category also includes colleges, universities, and other institutions of higher learning such as vocational or trade schools that offer courses of general or specialized study leading to a degree or certification. Accessory uses at all education uses may include offices, play areas, recreational and sport facilities, cafeterias, theaters, auditoriums, and before- or after-school day care. Accessory uses at colleges or universities may additionally include dormitories, food service, laboratories, health care facilities, meeting areas, athletic facilities and fields, maintenance facilities, and supporting uses (e.g., eating establishments, bookstores).

School, Higher Education (college or university)

An institution offering a program of post-secondary education and instruction leading to associate, baccalaureate, or higher degrees, that is accredited by a national association of colleges and universities.

School, Secondary (K—8 or K—12)

An educational institution that offers a program of high school (for School, Secondary (K—12) uses), middle school (or junior high school), or elementary school (including kindergarten, pre-K, pre-K—8, or nursery school) instruction meeting State requirements for a school. Such uses include classrooms, laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution. This definition is inclusive of "educational facilities" as defined in Ch. 1013, Fla. Stat.

School, Vocational or Trade

A public or private school that offers students business, vocational, or trade instruction — such as teaching of trade or industrial skills, clerical, or data processing, barbering or hair dressing, computer or electronic technology, or artistic skills, and that operates in buildings or structures or on premises on land leased or owned by the educational institution that meets the State requirements for a vocational training facility. Such uses include classrooms, laboratories, auditoriums, libraries, cafeterias, and other facilities that further the educational mission of the institution.

(3)

Health Care Uses. The Health Care Uses category includes use types providing a variety of health care services, including surgical or other intensive care and treatment, various types of medical treatment, nursing care, preventative care, diagnostic and laboratory services, and physical therapy. Care may be provided on an inpatient, overnight, or outpatient basis. Use types include clinic and laboratory; hospital; nursing home; outpatient care facility; pain management clinic; and similar uses. This use category does not include assisted living facilities or similar facilities which focus on providing personal care rather than medical care to residents and are categorized in the Group Living Uses category. Accessory uses may include food preparation and dining facilities, recreation areas, offices, meeting rooms, teaching facilities, hospices, maintenance facilities, staff residences, and limited accommodations for members of patients' families.

Clinic and Laboratory

An establishment where patients, who are not lodged overnight, are admitted for examination, testing, and/or treatment by one person or a group of persons practicing any form of the healing sciences, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, acupuncturist, or any such profession the practice of which is lawful in the State of Florida, or where medical tests are performed.

Hospital

An institution receiving inpatients and rendering medical and surgical care on a 24-hours-per-day basis. The term includes general hospitals, trauma centers, and institutions in which service is limited to special fields, such as cardiac, eye, ear, nose, and throat, pediatric, orthopedic, skin, cancer, mental, tuberculosis, chronic disease, and obstetrics. The facilities may also include outpatient care, ambulatory care, offices of medical practitioners, adult day care, respite care, medical day care and day care for sick children, gift shops, restaurants, and other accessory uses. The term shall not include establishments intended primarily for permanent or long-term care or custodial care, provided continually or daily.

Nursing Home

A home for aged, chronically ill, or incurable persons in which three (3) or more persons not of the immediate family are received, kept, and provided with food and shelter or care for compensation on a 24-hours-per-day basis; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Accessory uses may include dining rooms and recreation and physical therapy facilities for residents, and offices and storage facilities for professional and supervisory staff. This definition also incorporates convalescent and rest homes.

Outpatient Care Facility

A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis, including emergency treatment such as diagnostic services, training, administration, and services to outpatients, employees, and visitors. This definition incorporates urgent care facilities and free-standing emergency rooms.

Pain Management Clinic

See definition of Pain Management Clinic in Sec. 9-121 of the City Code.

(4)

Parks and Open Space Uses. The Parks and Open Space Uses category includes use types focusing on open space areas largely devoted to natural landscaping and outdoor recreation, and tending to have few structures. Use types include: arboretum or botanical garden; aviary and bird sanctuary; neighborhood park; community park; and similar uses. This use category does not include golf courses, golf driving ranges, or other primarily outdoor recreational uses (categorized in the Recreation and Lodging Uses category). Accessory uses may include caretaker's quarters, clubhouses, statuary, fountains, maintenance facilities, concessions, and parking.

Arboretum/Botanical Garden

A place where trees, shrubs, or other living plants are grown, exhibited, or labeled for scientific, educational, or passive recreational purposes — but not including the harvest of plants or their produce.

Aviary/Bird Sanctuary

A place for keeping birds for the purpose of raising and exhibiting.

Community Garden

A public facility for the cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family.

Park, Community

A park, approximately 10—30 acres in size, that provides natural areas and recreational facilities to serve a broader community than a neighborhood park. It generally serves a broader area than a Neighborhood Park and is often a destination to which residents may drive. The park may include natural areas, small performance areas such as band shells, and recreational facilities such as playgrounds, lawns, paths, baseball diamonds, and volleyball, basketball, or tennis courts. This use does not include commercial business but may include accessory retail, eating, and drinking uses.

Park, Neighborhood

A park, approximately 2—10 acres in size, that provides a variety of small-scale, localized natural areas and recreational facilities such as playgrounds, lawns, paths, and volleyball, basketball, or tennis courts, and is primarily designed to serve residents in adjoining neighborhoods who access the park by sidewalks and trails.

(5)

Utility, Transportation, and Communication Uses. The Utility Uses category includes both major utilities, which are infrastructure services that provide regional or City-wide service, and minor utilities, which are infrastructure services that need to be placed in or near where the service is provided. Large-scale solar energy collection systems that constitute a principal use of a lot are included as a special type of major utility use. Services may be publicly or privately provided and may include on-site personnel. Accessory uses may include offices, monitoring, or storage areas.

The Transportation Uses category includes use types providing for passenger terminals for surface or water-based transportation. Accessory uses may include freight handling areas, concessions, offices, maintenance, limited storage, and fueling facilities. Use types include passenger stations/terminals for ground transportation services (e.g., buses); park and ride facilities; and parking facilities (as a principal use). This use category does not include transit-related infrastructure such as bus stops and bus shelters (deemed minor utilities under the Utility Uses category).

The Communication Uses category includes use types that accommodate communication-related uses. Use types include television and radio stations; wireless communication facilities; and related uses.

Bus or Rail Terminal, Private

An off-street facility for the storage or parking of motor-driven buses, and the loading and unloading of passengers and transfers to and from buses and rail services.

Newspaper/Periodical Publishing Establishment

An establishment that reproduces a large quality or copies of printed material such as newspapers and magazines.

Park-and-Ride Lot

An off-street parking facility designed or intended to provide storage of motor vehicles and bicycles to accommodate commuter traffic into or out of the community via a nearby transit station or terminal located within convenient walking distance of the facility. An accessory structure may include passenger shelters.

Parking Facility

A facility designed to accommodate vehicular parking spaces that is on the surface or on a structure with one or more floors that are partially enclosed or located on the deck surface of a building. This definition includes parking lots, parking garages, deck parking, and under-building parking areas. A use may either be private (owned by a non-governmental entity) or public (owned by the city, county, state, or federal government).

Solar Energy Collection Facility, Large-Scale

A facility consisting of solar panels, modules, and related equipment (e.g., heat exchanger, pipes, inverter, wiring, storage) that collects solar radiation and transfers it as heat to a carrier fluid for use in hot water heating or space heating and cooling, and/or that collects solar energy and converts it into electricity. As a principal use, a solar energy collection system is designed to meet demands for a large area and is typically mounted on the ground.

Television and Radio Station

A building or portion of a building used as a place to stage and record television, radio programs, music, videos, and other related media for broadcast on television or radio. This use does not include uses that create digital content such as videos or podcasts. In addition, it does not operate within general business offices, which are included in the General Business Office use. This use does not allow facilities for transmission such as large-format satellite dishes.

Transportation Terminal and Station

A structure or facility that is primarily used as part of a system for the purpose of loading, unloading, or transferring passengers or accommodating the movement of passengers from one mode of transportation (e.g., private automobile, bus, or shared mobility service) to another.

Utility Facility, Major

A structure or facility that is a relatively major component of an infrastructure system providing community- or region-wide utility services provided by an entity other than the City. Examples of major utility facilities include private potable water treatment plants, water towers, wastewater treatment plants, solid waste facilities, gas compressor stations, and electrical substations. This use does not include telecommunications facilities or towers.

Utility Facility, Minor

A structure or facility that by itself is a relatively minor component of an infrastructure system providing community- or region-wide utility services and that needs to be in or near the neighborhood or use type where the service is provided. Examples of minor utility facilities include water and sewage pipes and pump stations, stormwater pipes and retention/detention facilities, telephone lines and local exchanges, electric lines and transformers, gas transmission pipes and valves, cable television lines, and bus and transit shelters.

Wireless Communication Facility/Tower

See definition of Communications Tower in Sec. 17.5-2(7) of the City Code.

(c)

Commercial Uses Classification.

(1)

Animal Care Uses. The Animal Care Uses category is characterized by use types related to the provision of medical services, general care, and boarding services for household pets and domestic animals. Use types include animal kennels (that provide boarding); veterinary hospitals or clinics; and similar uses.

Animal Kennel

An establishment where dogs or domesticated animals over six (6) months of age are kept for any purpose, excluding pet shops and veterinary hospitals or clinics.

Veterinary Hospital or Clinic

A facility used for the care, diagnosis, and treatment of sick, ailing, infirm, or injured animals and preventive care for healthy animals. The use is limited to dogs, cats, and other comparable household animals. Accessory uses may include animal grooming services, short-term boarding (including overnight) that is incidental to medical care or treatment, and limited retail sales of pet-related merchandise.

(2)

Business Support Services Uses. The Business Support Service Uses category includes use types primarily providing routine business support functions for the day-to-day operations of other businesses, as well as to households. Use types include call center; conference or training center; employment agency; and similar uses.

Call Center

An establishment primarily engaged in answering telephone calls and relaying messages to clients or in initiating or receiving communications for telemarketing purposes, such as promoting clients' products or services, taking orders for clients, or soliciting contributions or providing information for clients.

Conference or Training Center

A facility designed to accommodate fewer than two thousand five hundred (2,500) persons and used for conferences, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including temporary outdoor displays, and food and beverage preparation and service for on-premise consumption.

Employment Agency

An establishment primarily engaged in finding jobs for people seeking them and finding people to fill jobs offered by employers, including an establishment that provides day workers or laborers to third-party employers for a fee.

(3)

Eating, Drinking, and Entertainment Uses. The Eating or Drinking Establishment Uses category consists of establishments primarily engaged in the preparation and serving of food or beverages for on- or off-premises consumption. Use types include bars and nightclubs; limited-service eating and drinking establishments; microbreweries and microdistlleries; restaurants, take-out/delivery only; restaurants, sit-down; and similar uses. Accessory uses may include areas for outdoor seating, drive-through service facilities, facilities for live entertainment, and valet parking services.

Bar, Tavern, and Nightclub

An establishment for the sale of beer or intoxicating liquor for consumption on the premises where music, dancing, or other entertainment may be provided, but not including any adult entertainment use.

Limited-Service Eating and Drinking Establishment

An establishment which sells food and or drink ordered and picked up in a cafeteria-style or buffet-style fashion, or which sells snacks and or nonalcoholic beverages such as coffee and juices for consumption either on or near the premises or outside the building. The establishment may include lounge-like chairs and areas to engage in group activities such as board games. This definition does not include Restaurant, sit-down or Restaurant, take-out/delivery only uses.

Microbrewery and Microdistillery

An establishment which brews ales, beers, meads, and similar beverages or produces other alcoholic beverages such as whisky or bourbon on site, and serves and sells those beverages on site. A microbrewery shall not brew more than fifteen thousand (15,000) barrels of beverages (in total) annually. A microdistillery shall not produce more than seventy-five thousand (75,000) gallons of distilled spirits annually.

Restaurants, Take-Out/Delivery Only

An establishment where food and drink are prepared and served for consumption outside the principal building. Drive-through service may be allowed if permitted as an accessory use in the zone district where the establishment is located.

Restaurant, Sit-Down

An eating establishment where food and drink are prepared and where the establishment's employees take orders from and serve patrons, and meals are served and consumed at tables primarily within the principal building. Live entertainment is sometimes provided. Drive-through service may be allowed if permitted as an accessory use in the zone district where the establishment is located.

(4)

Funeral and Mortuary Services Uses. The Funeral and Mortuary Services Uses category consists of establishments that provide services related to the death of a human being or animal. Use types include crematories; funeral homes; and similar uses.

Crematory

A facility containing furnaces for the reduction of dead bodies (human or animal) to ashes by fire.

Funeral Home

A building used for human funeral services and related services, including facilities for embalming and other services used in preparing the dead for burial; display of the deceased; the performance of funeral ceremonies; the performance of autopsies and similar procedures; the sale and storage of caskets, funeral urns, and other related funeral supplies; and the storage of funeral vehicles.

(5)

Office Uses. The Office Uses category includes office buildings that house activities conducted in an office setting, usually with limited contact with the general public, and generally focusing on the provision of business services, professional services (e.g., accountants, attorneys, engineers, architects, planners), financial services (e.g., lenders, brokerage houses, tax preparers), or small-scale video or audio production services that are entirely conducted indoors (e.g. video editing, podcast recording and production). Use types include contractors' offices; general business offices; professional offices; and similar uses. This use category does not include offices that are a component of or accessory to a principal use in another use category, such as medical/dental offices (categorized in the Health Care Uses category) or banks or other financial institutions (categorized in the Retail Sales and Service Uses category). Accessory uses may include cafeterias, lunch rooms, recreational or fitness facilities, incidental commercial uses, or other amenities primarily for the use of employees in the offices.

Contractors' Office

An establishment used by a building, heating, plumbing, electrical, or other development contractor both as an office and for the storage of a limited quantity of materials, supplies, and equipment inside and, where permitted, outside the building.

General Business Office

Offices used for conducting the affairs of various businesses, general businesses, nonprofit organizations, or government agencies including administration, record keeping, clerical work, and similar business functions. Accessory uses may include uses intended to serve the daily needs of office employees, such as restaurants, coffee shops, fitness centers, showers and lockers, and lounges.

Professional Office

A building primarily consisting of offices for the conducting the affairs of professionals in scientific, legal, and technical fields such as accountants, architects, attorneys, consultants, engineers, planners, and programmers.

(6)

Personal Service Uses. The Personal Services Uses category consists of establishments primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Use types include arts, performing arts, or craft studio; beauty salon, barber shop, or nail salon; caterer, interior decorating shop; laundry or dry cleaning pick-up establishment; laundry, self-service; lawn care, pool, or pest control service; personal or household goods repair shop; print shops, job printing, bindery, or silk screening; travel agency; and similar uses.

Arts, Performing Arts, and Craft Studios

An establishment with space used for the development of, production of, or instruction in art, dance and other performing arts, music, and crafts.

Beauty Salon, Barber Shop, Nail Salon

A facility that provides hair styling, hair coloring, nail care (including manicures and pedicures), facials, makeup, permanent makeup, and other similar salon services. A beauty salon may also include a "day spa" that offers massage treatment or other services related to hygiene or body care, or similar services, but does not include a massage therapy establishment.

Interior Decorating Shop

An establishment that specializes in the planning and execution of the layout, decoration, and furnishing of an architectural interior including upholstering and making of draperies, slipcovers, and other similar articles.

Laundry or Dry Cleaning Establishment

A facility where retail customers drop off or pick up laundry or dry cleaning and where the cleaning processes may take place on site as long as all cleaning materials and chemicals and wastewater is disposed of in compliance with all applicable permits and regulations. Drive-through service may be allowed as an accessory use.

Laundry, Self-Service

A business that provides home-type washing, drying, dry cleaning, and/or ironing machines for hire to be used by customers on the premises.

Lawn Care, Pool, or Pest Control Service

An establishment primarily engaged in providing lawn care services (e.g., mowing, aeration, seeding, fertilizer, landscaping), swimming pool services (e.g., cleaning, draining, equipment repair), or pest control services (e.g., inspection, extermination).

Massage Therapy Establishment

An establishment licensed in accordance with Ch. 480, Fla. Stat., that is primarily engaged in the administering of massages for pay by a massage therapist duly licensed or certified.

Personal or Household Goods Repair Shop

An establishment primarily engaged in the provision of repair and alteration services for apparel, computers, TVs, audio equipment, bicycles, clocks, watches, shoes, guns, canvas products, appliances, and office equipment — including tailors, dressmakers, locksmiths, and upholsterer services.

Personal Training Studio

An establishment that provides individual or small-group training for personal enrichment activities such as individual fitness, martial arts, or yoga, but not including establishments which have large-scale gymnasium type facilities for such activities as tennis, basketball, or swimming.

Print Shops, Job Printing, Bindery, or Silk Screening

An establishment that reproduces individual orders from a business, profession, service, industry, or government organization for printed or bound and printed work that is output on paper or on other materials such as fabric (e.g., t-shirts), wood, or ceramics.

Travel Agency

An establishment primarily engaged in providing travel arrangement and reservation services to the general public and commercial clients.

(7)

Recreation and Lodging Uses. The Recreational/Entertainment Uses category includes use types providing indoor or outdoor facilities for recreation or entertainment-oriented activities by patrons or members. Use types include: arenas, stadiums, or amphitheaters; cinemas; country clubs; golf courses; golf driving ranges; nightclubs; performance arts centers; recreation facilities, recreation facilities, indoor (amusement arcades, amusement centers, aquatics centers health clubs, recreation courts, skating facilities, swimming pools, and similar uses); and recreation facilities, outdoor (archery, baseball batting ranges, athletic fields, miniature golf courses, recreation courts, swimming pools, and similar uses). It does not include recreational facilities that are accessory to parks (categorized as open space uses), or that are reserved for use by a residential development's residents and their guests (e.g., accessory community swimming pools and other recreation facilities). Accessory uses may include offices, concessions, snack bars, and maintenance facilities.

Arena, Stadium, or Amphitheater

A building or structure, enclosed or open-air, designed or intended for use for spectator sports, entertainment events, expositions, and other public gatherings. Such uses may include lighting facilities for illuminating the field or stage area, concessions, parking facilities, and maintenance areas.

Hotel or Motel

Any building principally containing sleeping rooms in which transient guests are lodged for a fee with or without meals on an overnight or short-term basis. Such uses may include kitchenettes, microwaves, and refrigerators for each guest unit.

Recreation Facility, Indoor

A commercial establishment that provides indoor facilities for recreation or entertainment-oriented activities by patrons or members. Use types include: amusement center; aquatic center; bowling alley; climbing wall; health club; fitness center; indoor miniature golf; jai-alai fronton; pool hall; indoor shooting and target range; axe-throwing; skating facility; and video arcade. Accessory uses for indoor recreation facilities may include spectator seating, meeting rooms, training rooms, videotape rooms, a restaurant, a pro shop, and a snack bar.

Amusement center

A commercially operated indoor facility providing a variety of amusement devices primarily including, but not limited to, play equipment, television games, electromechanical games, small kiddie rides, and other similar devices, and which may include food service.

Aquatic Center

An indoor complex with facilities for water sports, including swimming pools.

Bowling Alley

An indoor facility with multiple bowling lanes; accessory uses often include arcade games and limited service eating and drinking establishments.

Health Club or Fitness Center

An indoor establishment, including saunas and steam baths, offering or providing facilities for, and instruction in, general health, physical fitness, and controlled exercises such as, but not limited to, weightlifting, spinning, yoga, calisthenics and aerobic dancing, and massages.

Miniature Golf, Indoor

An indoor facility typically comprised of nine (9) or eighteen (18) putting small greens, where patrons in groups pay a fee to move in consecutive order from the first hole to the last.

Pool Hall

An indoor facility with multiple billiards tables. Accessory uses may include the preparation and serving of food.

Recreation courts, indoor

An indoor structure used for holding court games (basketball, tennis, racquetball, squash, etc.). Accessory uses may include a concession stand, netting, exterior lighting fixtures, public bathrooms, maintenance and storage areas, and spectator seating or stands.

Shooting and Target Range, Indoor

An indoor facility the use of which is primarily devoted to firearm target practice, competitions, and similar uses, including but not limited to archery, skeet, trap, and similar shooting activities.

Skating Facility, indoor

An indoor facility, the use of which is primarily devoted to roller skating/blading or ice skating. The facility may also be used as a site for competitive events and as a practice and training facility.

Video Arcade

An indoor commercial establishment which provides, as the principal use, amusement devices or games of skill or chance, such as pinball and video games. This term shall not include establishments where amusement devices and games are "accessory uses" which either do not involve more than fifteen (15) percent of the gross floor area of the establishment or involve more than two (2) devices or games, whichever results in the greater number of games.

Recreation Facility, Outdoor

A commercial establishment that provides outdoor facilities for recreation or entertainment-oriented activities by patrons or members. Use types include outdoor aquatic center; go-cart track; paintball field; water park; and zoological garden. Accessory uses for indoor recreation facilities may include spectator seating, meeting rooms, training rooms, videotape rooms, a restaurant, a pro shop, and a snack bar.

Aquatic Center, Outdoor

An outdoor complex with facilities for water sports, including swimming pools.

Go-Cart Track

An outdoor commercial amusement area with a track exclusively for the use of go-carts.

Golf Driving Range

A limited area on which golf players drive golf balls from central driving tees. A putting or chipping green may be present as an accessory use.

Outdoor Batting Cage

An outdoor baseball facility used for practicing hitting, typically with screening to limit the flight of balls.

Paintball Field

An outdoor facility to be used for paintball target practice, competitions, and similar uses.

Water Park

An outdoor facility primarily dedicated to water-related recreational activities, including water slides, wave pools, swimming pools, and wading pools.

Zoological Garden

A facility where animals are kept for viewing by the public.

Short-Term Rental Unit

See definition in Section 10.3, Definitions.

Theater

An enclosed facility with fixed seats for the viewing of movies or the live presentations of plays, musicians, or other performing artists.

(8)

Retail Sales Uses. The Retail Sales Uses category includes use types involved in the sale, rental, and incidental servicing of goods and commodities that are generally delivered or provided on the premises to a consumer. Use types include alcoholic beverage retail sales; bank or financial institution; carpentry and cabinet shop; computer hardware service; consumer goods establishment; drugstore/pharmacy; farmers' market; grocery store and food market; shopping center; and related uses. This use category does not include sales or service establishments related to vehicles (the Vehicle Services and Sales Uses category), the provision of financial, professional, or business services in an office setting (categorized in the Office Uses category), uses providing recreational or entertainment opportunities (categorized in the Recreation and Tourism Uses category), uses that provide personal services such as dry cleaning or laundry establishments, or product repair or services for consumer and business goods (categorized in the Personal Services Uses category). Accessory uses may include offices, storage of goods, assembly or repackaging of goods for on-site sale, concessions, ATM machines, and outdoor display of merchandise. No non-medical marijuana sales use is permitted.

Alcoholic Beverage Retail Sales

A retail establishment that sells alcoholic beverages in containers for consumption off the premises.

Bank or Financial Institution

An establishment that provides retail banking services, mortgage lending, or similar financial services to individuals and businesses. This use type does not include check cashing services or bail bond brokers. Accessory uses may include automated teller machines (ATMs) and facilities providing drive-through service.

Computer Hardware Service

An establishment that assembles, repairs, services, and sells computer hardware, software, and associated accessories such as monitors, printers, and tablets.

Consumer Goods Establishment

Establishments that sell consumer goods at retail, such as art galleries; bicycle sales, rental, services, or repair; bulk retailing; catering establishments; convenience store; department stores; florist and gift shops; hobby and craft shops; home building and garden supplies stores; monument or headstone sales establishments; and similar uses (e.g., floor covering stores, window treatment stores, camera stores, optical goods stores, shoe stores, luggage stores, jewelry stores, piece goods stores, and pet shops). There are two (2) sizes of consumer goods establishments - a consumer goods establishment (ten thousand (10,000) square feet or less) has a maximum of ten thousand (10,000) square feet of gross floor area; a consumer goods establishment (more than ten thousand (10,000) square feet) has more than ten thousand (10,000) square feet of gross floor area.

Art Gallery

An establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art.

Antique Shop

An establishment that sells items such as furniture, household wares and decorations, and related articles, which have value and significance because of factors such as age, rarity, historical significance, design, and sentiment.

Automobile Parts Store

An establishment that sells new parts for automobiles, such as batteries, tires, canned motor oil, and cleaning materials. This use does not include establishments dedicated to the sale or service of automobiles and other vehicles, which are included in the Vehicle Services and Sales Uses category.

Bicycle sales, rental, service, or repair

An establishment engaged in the sales, rental, service, or repair of bicycles.

Bulk Retailing

The sale of merchandise in large quantities, such as in unbroken cases or oversized containers, directly to ultimate consumers.

Catering Establishment

An establishment that specializes in the preparation of food or beverages for social occasions, such as weddings, banquets, parties, or other gatherings, with or without banquet facilities for these private pre-arranged occasions that are not open to impromptu attendance by the general public.

Convenience Store

A store that specializes in the sale of convenience products and other commodities intended primarily to serve the day-to-day needs of residents in the immediate neighborhood, or the traveling public, which is typically or generally open to the public beyond the normal sales hours of other retail stores.

Department Store

A general merchandising store offering a variety of unrelated goods and services that may include clothing, housewares, body products, and specialty items.

Electronics Shop

A retail store that offers a variety of home and portable electronic devices, such as televisions, computers, cameras, mobile phones, car stereos, home appliances.

Florist or Gift Shop

An establishment primarily engaged in selling flower arrangements, plants, cards, small gifts, and the like.

Hobby and Craft shop

A retail store primarily selling craft and model supplies.

Home, Building, and Garden Supplies Store

An establishment primarily engaged in the retail sale of a general line of home repair and improvement materials and supplies such as lumber, plumbing goods, electrical goods, tools, house wares, appliances, hardware, and lawn and garden supplies.

Jewelry Store

An establishment that sells and services jewelry. A jewelry store is distinct from a prohibited pawnshop, which purchases a variety of personal property including (jewelry) on the condition of selling the same back again at a stipulated price or loans money on the pledge of personal property, and also sells such property to the general public.

Monument or Headstone Sales Establishment

An establishment primarily engaged in cutting, shaping, and finishing marble, granite, slate, and other stone, or engaged in buying or selling monuments or headstones for use in cemeteries of mausoleums.

Sporting Goods

An establishment primarily engaged in the retail sale of equipment for participation in sports, such as tennis rackets, baseball gloves, golf clubs, and athletic apparel.

Drugstore/Pharmacy

Any pharmacy use as defined in Sec. 465.03(11)(a), Fla Stat., including community, institutional, nuclear, special, and internet pharmacies where prescription drugs are compounded, sold, or dispensed. This includes medical marijuana treatment center dispensing facilities as defined in Sec. 381.986, Fla Stat., and licensed by the State of Florida.

Grocery Store and Food Market

A grocery store is an establishment that offers a diverse variety of unrelated, non-complementary food and non-food commodities, such as beverages, dairy, dry goods, fresh produce, and other perishable items, frozen foods, prepared foods, household products, and paper goods; the establishment may provide beer, wine, and/or liquor sales for consumption off the premises with the appropriate beverage license; may include a prescription pharmacy; may include a delicatessen, and prepare minor amounts of food on site for immediate consumption; markets the majority of its merchandise at retail prices; and may have a restaurant or coffee shop as an accessory use.

A food market is an establishment that offers specialty food products at retail, such as meat, seafood, produce, artisanal goods, baked goods, pasta, cheese, confections, coffee, and other specialty food products, and may also offer additional food and non-food commodities related or complementary to the specialty food products. A food market may sell beer, wine, or liquor for consumption off the premises with the appropriate beverage license.

Shopping Center

A group of commercial retail establishments planned, constructed, and managed as a total entity with features including customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations, and protection from the elements.

(9)

Vehicle Sales, Rental, Service, Repair, and Parking Uses. The Vehicle Sales and Service Uses category includes use types involving the direct sales and servicing of motor vehicles, including automobiles, trucks, motorcycles, and recreational vehicles, as well as trailers — whether for personal transport, commerce, or recreation. Use types include automotive repair and service garages; automobile service station; bus or rail terminal; mobility services; personal vehicle sales; personal vehicle rentals; and similar uses. Accessory uses may include offices, sales of parts, maintenance facilities, and vehicle storage.

Automobile Repair and Service Garage

An establishment, excluding vehicle paint finishing shops, that repairs, installs, or maintains the mechanical components or the bodies of automobiles, small trucks or vans, and motorcycles. This use does not include the servicing of commercial vehicles such as large trucks, motor homes, recreational vehicles, mass transit vehicles, or other similar vehicles in excess of twelve thousand (12,000) or more pounds gross vehicular weight.

Automobile Service Station

Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels, including the sale and installation of lubricants, tires, batteries and similar accessories, minor repairs, and adjustments. An automobile service station may also sell convenience store items such as cold drinks, packaged foods, and tobacco. Body work, straightening of frames or body parts, painting, storage of automobiles not in operating condition, or welding is prohibited. Car washing is allowed as an accessory use.

Mobility Services

An establishment housing facilities that provide mobility services which serve the City. Services by the establishment may include the procurement, provision, and maintenance of taxicab or shared-ride services, shared bicycles, shared scooters, and other mobility services that serve small groups of people. Accessory uses on-site may include offices and the parking, storage, servicing, and fueling or charging of vehicles.

Personal Vehicle Rentals

An establishment that provides for the rental of autos, small trucks or vans, trailers, motorcycles, and similar vehicles. Typical examples include car rental agencies and moving equipment rental establishments (e.g., U-Haul).

Personal Vehicle Sales

An establishment that provides for the sale (including through auction) of new or used autos, small trucks or vans, trailers, motorcycles, or recreational boats. Typical examples include automobile dealers, auto malls, boat dealers, and moving equipment rental establishments (e.g., U-Haul). This use does not include the sale of commercial vehicles such as large trucks, motor homes, recreational vehicles, mass transit vehicles, or other similar vehicles in excess of twelve thousand (12,000) or more pounds gross vehicular weight.

(d)

Light Industrial, Research and Development, and Warehousing Classification.

(1)

Industrial Service Uses. The Industrial Services use category includes use types involving the repair or servicing of industrial or business machinery equipment, products, or by-products, and firms that service consumer goods for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site.

Educational, Scientific, or Industrial Research or Development

A facility that engages in research, or research and development, of innovative ideas in technology-intensive fields. Examples include research and development of computer software, information systems, communication systems, transportation, geographic information systems, multi-media, and video technology. Development and construction of prototypes may be associated with this use.

(2)

Light Industrial. The Light Industrial use category includes use types involved in the processing, production, fabrication, packaging, or assembly of goods. Products may be finished or semi-finished and are generally made for the wholesale market, made for transfer to other plants, or made to order for firms or consumers. This use category does not include heavy manufacturing, which generally has more significant impacts off-site and additional outside storage. Goods are generally not displayed or sold on-site, but if so, such sales are a subordinate part of total sales. Relatively few customers come to the site. Accessory uses may include limited retail sales and wholesale sales, offices, cafeterias, employee recreational facilities, warehouses, storage yards, repair facilities, and security and caretaker's quarters.

Manufacturing, Assembly, or Fabrication, Light

An establishment engaged in the manufacturing, fabricating, processing, converting, altering and assembling, and testing of products.

(3)

Warehouse and Freight Movement Uses. The Warehouse and Freight Movement Uses category includes use types involving the storage or movement of goods for themselves or other firms or businesses. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present. Accessory uses include offices, truck fleet parking, outdoor storage, and maintenance areas. Example use types include separate storage warehouses (used for storage by retail stores such as furniture and appliance stores), distribution warehouses (used primarily for temporary storage pending distribution in response to customer orders), cold storage plants (including frozen food lockers), and outdoor storage (as a principal use). This use category does not include contractor's yards or uses involving the transfer or storage of solid or liquid.

Consolidated Storage Self-Service Storage)

A building or group of buildings divided into separate self-contained units or areas of five hundred (500) square feet or less that are offered for rent for self-service storage of household and personal property. The storage units or areas are designed to allow private access by the tenant for storing and removing personal property. Accessory uses may include leasing offices, outdoor storage of boats and recreational vehicles, incidental sales or rental of moving supplies and equipment, and living quarters for a resident manager or security guard. The rental of trucks or trailers is a separate principal use and not considered accessory to this use.

Moving and Storage Facility

A facility primarily engaged in providing local or long-distance trucking of used household, used institutional, or used commercial furniture and equipment. Incidental packing and storage activities are often provided by these establishments.

Warehouse, Distribution

A facility primarily engaged in the distribution of manufactured products, supplies, and equipment. It includes the temporary storage of such products, supplies, and equipment pending distribution.

Warehouse, Storage

A facility primarily engaged in the storage of manufactured products, supplies, and equipment, excluding bulk storage of materials that are flammable or explosive or that present hazards or conditions commonly recognized as offensive.

(Ord. No. 1433, §§ 4, 5, 10-14-24)

(a)

Organization and General Standards.

(1)

This section sets forth the standards for all principal uses that have a reference provided in the "Use-Specific Standards" column in Table 4.2.2: Principal Use Table, in Sec. 4.2.2, Principal Use Table, as well as standards for use classifications and use categories that apply to all uses in the classification or category. The standards set forth in this section for a specific principal use apply to the particular individual principal use, regardless of the review procedure by which it is approved, unless otherwise specified in this LDC. Standards are organized in this section using the same organization of use classifications, use categories, and use types in Sec. 4.2.2, Principal Use Table, and Sec. 4.2.3, Classification of Principal Uses.

(b)

Residential Use Classification.

(1)

Household Living Uses.

(A)

Dwelling, Single-Family Detached.

1.

In the DM and DM-PD districts, new single-family detached dwellings are prohibited. Detached single-family dwellings existing prior to June 22, 2020 shall be deemed conforming and shall be allowed to be repaired or remodeled, but not enlarged, notwithstanding the limitations of Section 8.2, Nonconforming Uses, and Section 8.3, Nonconforming Structures.

2.

New single-family uses are not permitted in the Corridor District identified in the comprehensive development plan except as part of an approved PD district.

(B)

Dwelling, Two-Family (Duplex).

1.

In the DM and DM-PD districts, new two-family (duplex) dwellings are prohibited. Two-family (duplex) dwellings existing prior to June 22, 2020 shall be deemed conforming and shall be allowed to be repaired or remodeled, but not enlarged, notwithstanding the limitations of Section 8.2, Nonconforming Uses, and Section 8.3, Nonconforming Structures.

2.

New two-family (duplex) uses are not permitted in the Corridor District identified in the comprehensive development plan except as part of an approved PD district.

3.

A two-family (duplex) dwelling which is an optional conjoined dwelling is permitted in all zone districts which permit the two-family (duplex) dwelling use. For purpose of compliance with district standards, the adjoining lots on which each conjoined dwelling is constructed shall together be considered to be one unified parcel for the purpose of compliance with the development standards such as, but not limited to, setbacks, impervious coverage, and lot width applicable to the zoning district in which the conjoined dwelling is located.

(C)

Dwelling, Three-Family (Triplex). In the Corridor District identified in the comprehensive development plan, new three-family (triplex) uses are not permitted except as part of an approved PD district.

(D)

Dwelling, Four-Family (Fourplex). In the Corridor District identified in the comprehensive development plan, new four-family (fourplex) uses are not permitted except as part of an approved PD district.

(E)

Dwelling, Multifamily.

1.

In the Corridor District identified in the comprehensive development plan, new multifamily uses are not permitted except as part of an approved PD district.

2.

In the DM and DM-PD districts, multifamily dwellings are permitted only in a mixed-use building that has no residential uses on the ground floor and incorporates nonresidential and non-parking uses along at least sixty (60) percent of the ground-floor building frontage along a public right-of way.

(F)

Dwelling, Live-work.

1.

The residential portion of the building shall occupy at least 50 percent of the gross floor area.

2.

The nonresidential portion of the building shall comply with all applicable nonresidential requirements of the Florida Building Code.

3.

Employees shall be limited to occupants of the residential portion of the building plus up to three (3) persons not residing in the residential portion.

4.

Drive-through facilities are prohibited.

5.

Any nonresidential off-street parking shall be located as far as practicable from existing adjacent single-family dwellings.

(2)

Group Living Uses.

(A)

Assisted Care Community.

1.

Location.

a.

Except as provided in subsection b below, a new assisted care community shall only be located within the New Neighborhood Future Land Use Designations on the FLUM of the comprehensive development plan, and no closer than one thousand two hundred fifty (1,250) feet from an existing or approved nursing home, adult congregate living facility, or extended care facility.

b.

An assisted care community may be located either outside lands in the New Neighborhood Future Land Use Designations on the FLUM of the comprehensive development plan, or closer than one thousand two hundred fifty (1,250) feet from an existing or approved nursing home, adult congregate living facility, or extended care facility, if the City Council determines, following a public hearing with noticed in accordance with Sec. 2.4.6, Scheduling of Public Hearing and Notification, that allowing the assisted care community in such location promotes the public health, safety, and general welfare of the community.

2.

Payment in-Lieu of Taxes Agreement. Prior to approval of an assisted care community, the landowner or developer may enter into an agreement with the City for a payment in-lieu of taxes agreement for a term of at least ninety-nine (99) years, in the event that a non-profit entity acquires ownership of the property in the future. The agreement shall be recorded in the public records of Orange County, Florida prior to issuance of a building permit for the project.

3.

Additional Requirements. The assisted care community shall:

a.

Provide proof of an ongoing service agreement with a non-emergency ambulance provider to facilitate transportation to an emergency department for patients who do not exhibit an emergency medical condition as defined in Sec. 409.901(10), Fla Stat.;

b.

Maintain at least one working Automatic External Defibrillator (AED) in a central location at the facility; and

c.

Provide at all times staff who are CPR, First Aid, and AED certified.

(B)

Foster Care Home. Operation of a foster care home shall comply with all relevant state and federal laws and shall be licensed by the Florida Department of Children and Families.

(C)

Group Home. Operation of a group home shall comply with all relevant state and federal laws and shall be licensed by the Florida Department of Children and Families.

(c)

Public, Civic, and Institutional Classification.

(1)

Community Service Uses.

(A)

Religious Institution.

1.

In the Residential zone districts, a religious institution shall have access onto an arterial or collector street.

2.

The Community Development Director shall have the authority to grant modifications to any of the standards listed in this section in order to eliminate a substantial burden on religious exercise as guaranteed by the federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. Sec. 2000 et seq., as amended. In granting such a modification, the Community Development Director may require conditions consistent with RLUIPA that will secure substantially the objectives of the modified standard and that will substantially mitigate any potential adverse impact on the environment or on adjacent properties.

(2)

Health Care Uses.

(A)

Hospital. A hospital shall:

1.

Be located on at least three (3) acres of land.

2.

Have a minimum street frontage of two hundred (200) feet.

3.

Have direct vehicular access onto an arterial street, or provide adequate ingress and egress to the site as determined by the Public Works Director.

4.

Design vehicular access, circulation systems, and exterior signage to provide safe and separate emergency vehicle access to the hospital, and minimize conflicts with other vehicular, bicycle, or pedestrian traffic.

5.

Locate principal structures at least one hundred (100) feet from any property line.

(B)

Nursing Home. A nursing home shall:

1.

Have direct vehicular access to and from an arterial or collector street.

2.

Prohibit vehicular access to or from any local street.

3.

Include security provisions (e.g., fencing) that restricts patients from leaving the property without authorization.

4.

Provide proof of an ongoing service agreement with a non-emergency ambulance provider to facilitate transportation to an emergency department for patients who do not exhibit an emergency medical condition as defined in Sec. 409.901(10), Fla Stat.

5.

Comply with all applicable state laws regarding licensing and operation.

(C)

Pain Management Clinic. A pain management clinic shall comply with all applicable state and federal laws and the requirements of Sec. 9-12.1, et. seq., of the City Code.

(3)

Utility, Transportation, and Communication Uses.

(A)

Television and Radio Station.

1.

A television or radio station shall not include main or auxiliary transmitter facilities which transmit signals intended to be received by the public.

2.

All areas used for storage of promotional and remote broadcasting vehicles shall be screened from view from a public right-of-way.

(B)

Utility Facility, Major. A major utility facility shall be set back at least one hundred (100) feet from all property lines.

(C)

Wireless Communication Facility/Tower. A wireless communications facility or tower shall comply with Ch. 17.5, Communications, of the City Code.

(d)

Commercial Uses Classification.

(1)

Animal Care Uses.

(A)

Animal Kennel.

1.

The parts of structures in which animals are boarded shall be fully enclosed and sufficiently insulated so no odor can be detected off the premises.

2.

All boarded animals shall be kept within a totally enclosed part of the structure between the hours of 8:00 p.m. and 8:00 a.m.

3.

The sound emitted from the kennel shall not exceed 60 dB(A) measured at the lot line of abutting residential property. The sound level shall be measured by the use of a sound level meter and frequency weighting network "A" as specified in the American National Standards Institute specifications for sound level meters.

4.

Any open exercise runs or pens shall be at least fifty (50) feet from any property line, with a Type B buffer in accordance with Sec. 5.3.4(c), Perimeter Buffer Standards, provided between the run or pen and the property line.

(B)

Veterinary Hospital or Clinic.

1.

Veterinary hospitals or clinics shall maintain no kennels outside the principal building.

2.

The structure shall be insulated and soundproofed in order to minimize all loud noises that might disturb persons on adjacent development. The sound emitted from the veterinary hospital or clinic building shall not exceed 60 dB(A) measured at the lot line of abutting residential property. The sound level shall be measured by the use of a sound level meter and frequency weighting network "A" as specified in the American National Standards Institute specifications for sound level meters.

3.

Any open exercise runs or pens shall be at least fifty (50) feet from any property line, with a Type B buffer in accordance with Sec. 5.3.4(c), Perimeter Buffer Standards, provided between the run or pen and the property line.

(2)

Business Support Services Uses.

(A)

Conference or Training Center.

1.

Dining and banquet facilities may be provided for employees, trainees, and conferees, provided the gross floor area devoted to such facilities does not exceed 30 percent of the total floor area of the principal building.

2.

On-site recreational facilities may be provided for use by employees, trainees, or conferees.

3.

No products shall be sold on-site except those that are clearly incidental and integral to training programs and seminars conducted in the center (e.g., food items, shirts, glasses and mugs, pens and pencils, and similar items bearing the logo of conference or seminar sponsors or participants).

(3)

Eating, Drinking, and Entertainment Uses.

(A)

Microbrewery or Microdistillery.

1.

The minimum area of the eating, drinking, and entertainment area of the brewpub or microbrewery shall be at least 1,500 square feet but no more than 65 percent of the total square footage for the establishment.

2.

The establishment shall have fenestration through vision glass, doors, or active outdoor spaces along a minimum of 50 percent of the length of the building side that fronts the street, unless the building in which it is located is an adaptive re-use and the building makes compliance impracticable.

3.

Facilities for off-site distribution of manufactured beer are allowed only if conducted from the rear of the building, with adequate loading and access for the activity.

(4)

Office Uses.

(A)

Contractors' Office. All storage of materials shall occur inside a structure and the storage of materials shall be clearly incidental to the office use.

(5)

Personal Services Uses.

(A)

Print Shops, Job Printing, Bindery, Silk Screening. In the DM, DM-PD, and MX districts, this use shall only accommodate small- and medium-sized businesses that do not exceed four thousand (4,000) square feet in area, and provide services to individual customers and small businesses. An allowed establishment would typically include not only general printing and copying services, but services that allow individual customers to copy their own documents, mail services like federal express and DHL, and the like. The use shall not include industrial-type printing operations in the DM, DM-PD, and MX districts.

(6)

Recreation and Tourism Uses.

(A)

Arena, Stadium or Amphitheater.

1.

An arena, stadium, or amphitheater shall be located at least five hundred (500) feet from any Residential zone district or residential development, as measured from all property lines.

2.

An arena, stadium, or amphitheater shall have a minimum lot size of three (3) acres.

3.

An arena, stadium, or amphitheater shall have at least three hundred (300) feet of frontage on an arterial street at the point of access.

4.

All points of vehicular access shall be from arterial streets, and located to minimize vehicular traffic to and through local streets in residential areas.

5.

Safety fences up to a height of eight (8) feet shall be provided in accordance with Section 5.8, Fence and Wall Standards, to any portions of the site directly adjacent to any Residential zone district or residential development.

(B)

Short-Term Rental Unit.

1.

General Applicability. A short term rental unit shall:

a.

Be in a building in which the owner occupies one (1) of the units; and

b.

Be in a single-family, two-family (duplex), three-family, or four-family dwelling.

2.

Certificate Standards. Prior to the use of a short-term rental unit, the owner shall be approved for and receive a Short-Term Rental Certificate. To receive approval, an applicant shall demonstrate compliance with the following standards:

a.

Minimum Life/Safety Requirements.

i.

Units containing swimming pools, spas, and/or hot tubs shall comply with Ch. 515, Fla. Stat., and Ch. 41, Florida Building Code.

ii.

All sleeping rooms shall comply with the single- and two-family (duplex) dwelling requirements of the Florida Building Code (Residential) regarding, at minimum, size and life-safety requirements.

iii.

Smoke and carbon monoxide (CO) detection and notification systems shall comply with the requirements of Sec. R314, Smoke Alarms, and Sec. R315, Carbon Monoxide Alarms, of the Florida Building Code (Residential) and shall be installed, inspected, and maintained, unless the Building Official otherwise determines that the smoke and carbon monoxide protections provided adequately protect the health and safety of the inhabitants.

iv.

Portable, multi-purpose dry chemical fire extinguishers shall be installed, inspected, and maintained in accordance with NFPA 10 on each floor/level of the unit. Each extinguisher shall be installed on the wall in an open common area or in an enclosed space with appropriate markings visibly showing the location.

v.

The development shall follow all other applicable provisions of the Florida Building Code, National Fire Protection Association Codes, and the city's Property Maintenance, Building, Electrical, Mechanical and Plumbing Codes and not have active violations of this LDC.

b.

Occupants. Short-term rental occupancy shall be limited to two (2) persons per sleeping room and eight (8) transient occupants per short-term rental unit, not counting persons under two (2) years of age. A short-term rental lease contract shall be signed by a person eighteen (18) years of age or older. For purposes of this section, the term occupants shall be differentiated from the definition of Family in Section 10.3, Definitions, which relates to the use of a dwelling for residential purposes and not in the context of short-term rental.

c.

Parking.

i.

Short-term rental units shall comply with the minimum vehicular parking requirements of Section 5.2, Off-Street Parking, Bicycle, and Loading Standards. Garage spaces may be credited towards minimum required off-street vehicular parking if the garage contains space free of storage, vehicles, or other obstructive materials that measures at least nine (9) feet by eighteen (18) feet, and the transient occupants are given vehicular access to the garage.

ii.

On-street parking is prohibited in association with a short-term rental use.

d.

Advertising.

i.

Any advertising of the short-term rental unit shall conform to information included in the Short-Term Rental Certificate, in particular the maximum occupancy requirement.

ii.

On-site advertising of the short-term rental use is prohibited.

e.

On-Site Occupancy Required. Short-term rentals shall be hosted by an owner who is a permanent resident of either the short-term rental unit or a dwelling that is part of the same two-family, three-family, or four-family dwelling as the short-term rental unit.

f.

Rental to Persons Convicted of Certain Sex Offenses. Short-term rental units shall not be rented to any person who would be prohibited from residing at that location in accordance with Sec. 775.215, Fla. Stat., or Sec. 10-62 of the City Code.

3.

Required Posting On-Site. On the back of or next to the main entrance door or on the refrigerator, there shall be provided as a single page the following information:

a.

Name, address. and phone number of the short-term rental host-stay owner;

b.

The maximum approved occupancy of the unit;

c.

Notice that quiet hours are to be observed between 10:00 p.m. and 8:00 a.m. daily, or as superseded by any city noise regulation;

d.

The maximum number of vehicles that can be parked at the unit, along with a sketch of the location of the off-street vehicular parking spaces;

e.

The days of trash and recycling pickup;

f.

The location of the nearest hospital; and

g.

Emergency (911) and non-emergency police phone numbers.

4.

Responsibilities of Short-Term Rental Contact.

a.

All approved short-term rental units shall identify the property owner or host-stay contact responsible for responding to routine inspections, and as well, non-routine complaints and other more immediate problems related to the short-term rental of the property, including the duties listed below. The property owner or host stay contact shall serve as contact person or shall otherwise designate a responsible party to act on their behalf. Any person eighteen (18) years of age or older may be designated as a contact person by the owner, provided they can perform the following responsibilities:

i.

Ensuring every renter has read and understands the information provided in the posting required in subsection 3 above.

ii.

Attempt to contact a renter by phone or in person within twenty (20) minutes of receiving any complaint concerning the conduct of a renter.

iii.

Respond to and attempt to resolve complaints concerning matters other than the conduct of a renter within twenty-four (24) hours.

iv.

Prior to agreeing to any rental, determine whether any of the prospective guests would be unable to reside at the unit in accordance with Sec. 4.2.4(d)(6)(B)2.f, Rental to Persons Convicted of Certain Sex Offenses, above.

b.

The owner shall provide all dwelling units located within five hundred (500) feet of the short-term rental unit with written notice of the contact information of the owner and contact person, along with the process for reporting a complaint in accordance with subsection 8 below. The owners shall provide similar notice each time there is a change to the name or phone number of the contact person.

5.

Inspections.

a.

An inspection of the dwelling unit for compliance with this section is required prior to issuance of an initial Short-Term Rental Certificate or a modification to an existing certificate. If violations are found, all violations shall be corrected and the dwelling unit shall be re-inspected prior to issuance of a certificate.

b.

An approved short-term rental unit shall be properly maintained in accordance with the short-term rental standards herein and will be subject to re-inspection every calendar year or, in the event of a certificate transfer, re-inspected at the time of transfer.

c.

All violations found during an inspection are required to be corrected and re-inspected within thirty (30) calendar days. Failure to correct inspection deficiencies in this timeframe shall result in denial of the application for a Short-Term Rental Certificate or revocation of an existing approved certificate.

6.

Certificates. The Community Development Director shall keep a register of short-term rental certificates issued each year. Certificates are reviewed in the order they are received.

7.

Vested Rights.

a.

Rental Agreement Vesting. It is recognized that likely there are existing rental/lease agreements for short-term rentals in effect on or before December 10, 2018, which may not comply with its terms. Rental agreements that were entered into prior to the adoption of this section shall be considered vested, and performance of the obligations within the vested agreements shall be considered excepted from the requirements of this section. No special vesting process or fee shall be required to obtain this vesting. Should any issue arise as to whether a rental agreement allows occupancy in excess of occupancy provided by a Short-Term Rental Certificate or as otherwise authorized in this subsection, the owner or contact person shall demonstrate there is a vested rental agreement entered into on or before December 10, 2018, to the satisfaction of the City, including providing electronic data that establishes the date on which an agreement was entered into.

b.

Alternative Vesting. The processes described in this section are in addition to any other right to apply for a vested right under the City Code.

8.

Complaints by Renter or Affected Residents. Any renter or affected resident may report a complaint regarding activity conducted at a short-term rental unit in accordance with the following procedure. It does not preclude any renter or affected resident from contacting law enforcement or other emergency services:

a.

The complaining party shall first attempt to communicate with the contact person designated on the permit and describe the problem.

b.

The contact person shall promptly respond to the complaint and make reasonable efforts to remedy any situation that is not in compliance with this section or the City Code.

c.

If the complaint is not resolved informally, the complaining party may then contact the Code Enforcement Specialist in the Maitland Community Development Department regarding building, zoning, or property maintenance issues, or the Maitland Police Department for noise complaints or criminal activity. This contact may be done by phone, email, or through the City website. The complaint shall include a description of the attempts to resolve the complaint with the short-term rental unit contact person prior to contacting the City. Upon receiving and validating the complaint, the City shall open an active police report or code enforcement case, respectively, and follow the procedures outlined in the City Code and this LDC.

(7)

Retail Sales Uses.

(A)

Alcoholic Beverage Retail Sales.

1.

All alcoholic beverage retail sales uses shall comply with Ch. 3, Alcoholic Beverages, of the City Code, as well as applicable state law.

2.

No beverages shall be consumed on the premises.

(B)

Drugstore/Pharmacy. A drugstore/pharmacy shall:

1.

Be licensed by the state prior to operating.

2.

Not be located within five hundred (500) feet of land on which there is a public or private elementary, middle, or secondary school unless the City Council, after conducting a public hearing, determines that the location of the drugstore/pharmacy promotes the public health, safety, and general welfare of the city.

3.

Not be located closer than one thousand two hundred fifty (1,250) feet of a parcel on which is located another actively operating drugstore/pharmacy, unless the City Council, after conducting a public hearing, determines that the location promotes the public health, safety, and general welfare of the city.

4.

If discontinued or abandoned for one hundred eighty (180) consecutive days (except when government action impedes access to the premises), be reestablished only upon approval of a conditional use permit in accordance with Sec. 2.5.1(g), Conditional Use Permit.

5.

If legally permitted, licensed, and operating as of September 1, 2018, be deemed grandfathered and have the ability to expand in accordance with the applicable sections of this LDC.

(8)

Vehicle Sales, Rental, Service, and Repair Uses.

(A)

Automobile, Repair and Service Garage.

1.

An automobile repair and service garage shall be located at least one hundred fifty (150) feet from any Residential zone district, residential development, school, or child day care center.

2.

All sales and installation operations shall be conducted in a wholly enclosed building with no outdoor storage.

3.

Service activity on any motor vehicle shall be completed within a seven-day period, and no vehicle may be stored on the property for longer than this period.

4.

The storage, demolition, or junking of motor vehicles (whether capable of movement or not) is prohibited. Vehicles shall not be parked or stored as a source of parts or for the purpose of sale or lease/rent.

5.

Car wash and auto detailing uses shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements. If an automatic car wash is an accessory use to a gasoline sales use, it shall be governed by the use and dimensional standards applicable to the gasoline sales use.

(B)

Automobile Service Station.

1.

On lots with existing automobile service stations which do not meet the standards of this section as of January 22, 1996, redevelopment or expansion is allowed upon approval of a conditional use permit in accordance with Sec. 2.5.1(g), Conditional Use Permit. Conditions of approval may be required as part of the conditional use permit to ensure traffic safety and the protection of the character of surrounding residential neighborhoods.

2.

All lighting at an automobile service station shall be designed and arranged so that no lighting illuminates any portion of surrounding residential neighborhoods.

3.

Gasoline pumps shall be set back least 15 feet from the street right-of-way or street setback line, whichever is further.

4.

The storage or junking of wrecked motor vehicles (whether capable of movement or not) is prohibited.

5.

No storage or parking space shall be offered for rent.

6.

Activities such as body work, straightening of frames or body parts, painting, and welding are prohibited.

(C)

Personal Vehicle Rentals. Personal vehicle rental uses in the DM and DM-PD districts shall comply with the following standards:

1.

The only type of vehicles that may be rented at the site shall be automobiles, sport utility vehicles, or minivans. No type of trucks shall be rented or kept on site.

2.

Rental vehicles shall be parked and located in an area that is clearly delineated for that purpose, and shall not be parked in any spaces that are used for off-street parking purposes for the uses on the site.

3.

There shall be no advertising or other signage placed on the automobiles, sports utility vehicles, or minivans rented at the site.

(D)

Personal Vehicles Sales. A personal vehicle sales and rental establishment shall comply with the following standards:

1.

No vehicles or other similar items shall be displayed on the top of a building.

2.

No materials for sale or rent other than vehicles shall be displayed between the principal structure and the adjoining street.

3.

Outdoor vehicle, boat, and equipment storage is allowed in an outdoor storage area.

4.

Vehicle display pads are prohibited.

5.

The storage or junking of wrecked motor vehicles (whether capable of movement or not) is prohibited.

(e)

Light Industrial, Research and Development, and Warehousing Uses Classification.

(1)

Industrial Service Uses.

(A)

Educational, Scientific, or Industrial Research or Development. Educational, scientific, or industrial research or development uses shall not:

1.

Cause or result in the dissemination of dust, smoke, gas or fumes, odor, noise, vibration, or excessive light beyond the boundaries of the lot on which the use is conducted.

2.

Menace by reason of fire, explosion, radiation, or other physical hazards.

3.

Harmfully discharge waste materials; or unusual traffic hazards or congestion due to type or number of vehicles required by or attached to the use.

4.

Be dangerous to the comfort, peace, enjoyment, health, or safety of the community or the abutting areas, or tend to their disturbance or annoyance.

(2)

Manufacturing and Production Uses.

(A)

Manufacturing, Assembly, or Fabrication, Light. Light manufacturing, assembly, or fabrication uses shall not:

1.

Be conducted outside an enclosed building;

2.

Cause or result in the dissemination of dust, smoke, gas or fumes, odor, noise, vibration, or excessive light beyond the boundaries of the lot on which the use is conducted.

3.

Menace by reason of fire, explosion, radiation, or other physical hazards.

4.

Harmfully discharge waste materials.

5.

Result in unusual traffic hazards or congestion due to the type or number of vehicles required by or attached to the use;

6.

Be dangerous to the comfort, peace, enjoyment, health, or safety of the other properties and the residents of surrounding lands.

(a)

Purpose and Intent. The purpose of this section is to authorize accessory uses and structures, which are land uses and structures that are incidental and customarily subordinate to principal uses. This section is intended to allow a broad range of accessory uses and structures, so long as they are located on the same site as the principal use and comply with the standards set forth in this section to mitigate potentially adverse effects on surrounding lands.

(b)

Organization of this Section. Table 4.3.2(e): Accessory Use and Structure Table, identifies the zone districts in which specific accessory uses and structures are allowed. Sec. 4.3.3, Standards for All Accessory Uses and Structures, establishes general standards applicable to all accessory uses and structures. Sec. 4.3.4, Specific Standards for Accessory Uses and Structures, sets out specific standards applicable to specific accessory uses and structures.

(a)

Organization of Accessory Uses and Structures. The Accessory Use and Structure Table in this subsection lists accessory uses and structures alphabetically.

(b)

Abbreviations in Accessory Use or Structure Table Cells. The abbreviations in this subsection apply to Table 4.3.2(e): Accessory Use and Structure Table. Each cell is located at the intersection of a row and a column, which are referenced in each subsection below.

(c)

Standards for Specific Accessory Uses and Structures. A particular accessory use or structure that is allowed in a zone district may be subject to additional standards that are specific to that use or structure. The applicability of such specific standards is noted in the right-most column of Table 4.3.2(e): Accessory Use or Structure Table, through a reference to standards in Sec. 4.3.4, Specific Standards for Accessory Uses and Structures.

(d)

Unlisted Uses. The Community Development Director is authorized to evaluate potential accessory uses or structures that are not identified in Table 4.3.2(e): Accessory Use or Structure Table, on a case-by-case basis, as an Interpretation (see Sec. 2.5.5, Interpretations). In making the interpretation, the Community Development Director shall consider the following:

(1)

Accessory uses identified in Sec. 4.2.3, Classification of Principal Uses.

(2)

The definition of "accessory use" (see Section 10.3, Definitions), and the general accessory use standards established in Sec. 4.3.3, Standards for All Accessory Uses and Structures;

(3)

The additional regulations for specific accessory uses established in Sec. 4.3.4, Specific Standards for Accessory Uses and Structures;

(4)

The purpose and intent of the zone district in which the accessory use or structure is located (see Article 3: Zone Districts);

(5)

Any potential adverse impacts the accessory use or structure may have on other lands in the area, compared with other accessory uses permitted in the zone district; and

(6)

The compatibility of the accessory use or structure with other principal and accessory uses permitted in the zone district.

(e)

Accessory Use and Structure Table. Accessory uses and structures are allowed in each of the zone districts in accordance with Table 4.3.2(e): Accessory Use and Structure Table.

(Ord. No. 1407, § 6, 9-12-22)

(a)

All accessory uses and structures shall conform to the applicable requirements of this LDC, including the standards for the zone district in which they are located (see Article 3: Zone Districts), the use regulations in this article, and the development standards in Article 5: Development Standards.

(b)

All accessory uses and accessory structures shall:

(1)

Be customarily accessory and clearly incidental and subordinate to the principal use and structure;

(2)

Be located on the same lot as the principal use or structure, or on a contiguous lot in the same ownership;

(3)

In Residential zone districts:

(A)

Not be of a nature likely to attract visitors in a larger number than would normally be expected in a residential neighborhood;

(B)

Not involve the conduct of business on the premises, except where specifically allowed in this LDC; and

(C)

Not be constructed closer to the lot line in a front yard than the principal building or structure to which the use is subordinate.

(4)

Not include operations or structures that are not in keeping with the character of the zone district where located;

(5)

Not intrude into the sight triangle along any street; and

(6)

Comply with all applicable City, state, and federal regulations.

(c)

Accessory uses and structures shall comply with the minimum yard requirements for the principal structures for which they are accessory in Article 3: Zone Districts, unless otherwise stated in this LDC, and except as follows:

(1)

On lots with one front yard:

(A)

Accessory uses and structures other than accessory dwellings such as cottage residences shall be located at least seven-and-one-half (7.5) feet from a rear property line. Cottage residences shall not be in a required rear yard.

(B)

No accessory uses and structures shall be in required front or side yards.

(2)

On lots with two (2) front yards (e.g. double frontage, through, or corner lots) in Residential zone districts:

(A)

Accessory structures may not be in either front yard but may be in one of the required side yards.

(B)

Any accessory use or structure shall be located at least seven-and-one-half (7.5) feet from any side yard property line.

(a)

Air Conditioner Compressor Unit.

(1)

Residential Zone Districts.

(A)

For all residential uses in Residential zone districts, an air conditioner compressor placed in a required side or rear yard setback shall have its nearest point located no further than three (3) feet from the principal structure which it serves.

(B)

For nonresidential uses in Residential zone districts, when an air conditioner compressor unit is in a required rear or side yard as of May 24, 2004, a replacement unit may be installed in the same location provided it is less than five (5) tons in size and meets the following:

1.

In Winfield Units 1 and 2 (single-family residential subdivisions) annexed by Ordinance No. 970, replacement units that are increased in size or relocated shall be subject to the sound rating requirements in Table 4.3.4(a)(1)(B): Air Conditioner Compressor Sound Rating Requirements, and at the time of replacement shall be screened with landscaping in accordance with Section 5.3, Landscape, Buffer, and Tree Protection Standards, if located within any street side yard.

2.

Outside of Winfield Units 1 and 2 (single-family residential subdivisions) annexed by Ordinance No. 970, replacement air conditioner compressors that are closer than five (5) feet from any side or rear property line or that are within the required side or rear yard and are higher than thirty (30) inches above ground level, shall be subject to the sound rating requirements in Table 4.3.4(a)(1)(B).

(2)

Mixed-Use and Nonresidential Districts.

(A)

Except as provided in subsection (B) below, in all Mixed-Use and Nonresidential Districts, a new air conditioner compressor, chiller, and/or evaporator unit of an air handler system shall not be located in any required yard.

(B)

Where an air conditioner compressor, chiller, and/or evaporator unit is legally located in a required rear or side yard as of March 1, 2022, a replacement unit may be located in the same location provided that if it is increased in size or height, it shall be required to meet the landscaping requirements of Section 5.3, Landscape, Buffer, and Tree Protection Standards.

(b)

Amateur Ham Radio Antenna.

(1)

The antenna shall not exceed a height of ninety (90) feet above grade.

(2)

An antenna attached to a principal structure on the lot shall be located on a side or rear elevation of the structure.

(3)

A freestanding antenna shall be located to the rear of the principal structure on the lot, but not within ten (10) feet of any lot line.

(4)

The Community Development Director shall waive or approve a deviation of the above standards if the ham radio operator demonstrates that such waiver or deviation is necessary to accommodate the operator's amateur communications needs.

(c)

Automated Teller Machine (ATM).

(1)

An ATM designed for walk-up use and located in the exterior wall of a building or a parking area shall be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking areas and building entrances, or vehicular movement in front of buildings or through parking areas.

(2)

If an ATM is designed for use by customers in their vehicles, it shall comply with the accessory use standards in Sec. 4.3.4(g), Drive-through Facility.

(d)

Chicken-keeping. Chicken-keeping is only allowed following issuance of a permit in accordance with Sec. 4-5.1, Chicken-keeping Program, of the City Code, and continued compliance with the standards and conditions in Sec. 4-5.2, Chicken-keeping as an Accessory Use.

(e)

Cottage Residence. A cottage residence shall:

(1)

In all districts except RSF-D, not be rented, let, or hired out for occupancy, or otherwise used as a separate dwelling unit in all district, except for persons providing services solely to the same property;

(2)

Not have a separate utility meter;

(3)

Have one dedicated off-street parking space available for use by the occupant of the cottage residence, above the amount of parking required for the principal use in accordance with Table 5.2.5(a): Minimum Number of Off-Street Vehicular Parking Spaces.

(4)

Not be constructed prior to the occupancy of the principal dwelling to which it is accessory, unless it meets the requirements in the zone district for the principal dwelling; and

(5)

In the RSF-1, RSF-2, and RSF-3 districts, only be permitted as an accessory use to a single-family (detached) dwelling, and in those districts have a declaration of use restriction recorded as a deed restriction, in a format approved by the City, that includes the restrictions. The deed restriction shall be recorded prior to the issuance of the building permit and shall be removed only with the written consent of the City Manager.

(f)

Donation Center. A donation center consists of a maximum of two (2) donation containers that are accessory uses to a commercial development. A donation center shall comply with the following standards:

(1)

General. The donation center shall:

(A)

Occupy no more than one hundred fifty (150) square feet.

(B)

Contain no more than two (2) donation containers, which are a maximum of five (5) feet high, six (6) feet wide, and six (6) feet long, and are consistent with the architecture or materials of each building, or screened by a closed fence or wall that meets the standards of Section 5.8, Fence and Wall Standards.

(C)

If there are two (2) containers, ensure they are arranged side-by-side and not separated by more than one (1) foot.

(2)

Approval. The donation center shall be identified in the approved site plan (Sec. 2.5.2(a), Site Plan).

(3)

Signage. A donation center may have one (1) sign for each container with copy area that does not exceed ten (10) square feet in area and does not extend above the top of the container. The sign shall only include the following information:

(A)

The name, email address, and telephone number of the owner and operator responsible for removing any collected items;

(B)

Items acceptable for collection; and

(C)

A statement prohibiting the dumping of liquids and other unacceptable items.

(4)

Person Who May Establish. A donation center may be established by the property owner or by a separate person, with written consent of the property owner.

(5)

Ongoing Maintenance. The following maintenance responsibilities apply:

(A)

The container(s) and surrounding area shall be cleaned on a weekly basis or within forty-eight (48) hours following a request from the City or, if the containers are not managed by the property owner, by the property owner.

(B)

The property owner and any other entity responsible for the donation containers shall be individually and jointly responsible for abating and removing all junk, garbage, trash, debris, excess collected items, and other refuse material in the area surrounding any collection containers.

(6)

Location.

(A)

A donation center is only permitted on level, paved surfaces on lands in a zone district that allows commercial development on which there is an existing development that is forty thousand (40,000) square feet or larger, or in any Residential zone district on lots with a non-residential principal use (i.e., religious institution or other institutional use).

(B)

A donation center shall comply with the location requirements in Sec. 4.3.3(c) above and be located at least fifty (50) feet from a lot occupied by a residential use or vacant land in a Residential zone district.

(7)

Parking Access. A donation center shall not occupy or block access to parking spaces or drive aisles required by Section 5.2, Off-Street Parking, Bicycle, and Loading Standards.

(8)

Container Standards. Containers and storage bins shall be durable, waterproof, rustproof, covered, and secured from unauthorized entry, and shall be enclosed by use of a receiving door or safety chute to prevent vandalism, and locked so that the contents of the bin cannot be accessed by anyone other than those responsible for the retrieval of the contents. The receiving door on each container shall be oriented toward the interior of the building site and away from the public right-of-way.

(9)

Enforcement. The owner of the donation box and the owner of the private property on which it is located shall be individually and jointly responsible for any violations of the standards of this section or any other applicable provisions of the LDC.

(g)

Drive-through Facility. A drive-through facility shall:

(1)

Be designed in accordance with Sec. 5.2.6, Vehicle Stacking Standards.

(2)

Be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking spaces and building entrances.

(3)

Ensure the roof or awning over the drive-through facility and lanes, including any supporting columns and brackets, is designed to match the design and exterior building materials of the principal building.

(4)

Not locate any windows and speakers within one hundred (100) feet from any lot in a Residential zone district, and ensure the sound emitted by drive-through speakers shall not exceed 60 dB(A) measured at the lot line of adjacent lots in a Residential zone district. The sound level shall be measured by the use of a sound level meter and frequency weighting network "A" as specified in the American National Standards Institute specifications for sound level meters.

(h)

Electric Vehicle Charging Station.

(1)

Except as otherwise provided in subsection (2) below, EV charging station spaces shall be reserved for the charging of electric vehicles only. Such reserved spaces shall be posted with signage identifying the spaces as reserved only for the charging of electric vehicles, the amperage and voltage levels, cost of charging, any enforceable time limits or tow-away provisions, and contact information for reporting non-operating equipment or other problems.

(2)

A required accessible parking space for persons with physical disabilities may also serve as an EV charging station space, provided the charging station and its controls meet ADA standards for accessibility to persons with physical disabilities.

(3)

EV charging station equipment shall be located so as not to interfere with vehicle, bicycle, or pedestrian access and circulation.

(4)

EV charging stations for use by patrons of the site or the general public are allowed for non-residential uses in the Residential zone districts.

(i)

Food Dispensing Vehicle. A food dispensing vehicle shall comply with the following standards:

(1)

General Standards.

(A)

A food dispensing vehicle shall:

1.

Be licensed by the state;

2.

Only placed with written permission from the property owner;

3.

Only operate between 6:00 a.m. and 12:00 a.m. (midnight); and

4.

Be removed from any site during the hours when the vehicle is not operating, and may not be stored, parked, or left overnight on any public street or sidewalk.

(B)

The food dispensing vehicle may not provide seating areas for dining associated with a food dispensing vehicles, including but not limited to tables, chairs, booths, bar stools, benches, and standup counters, although they may be provided by the site owner.

(C)

All food preparation, storage, and sales or distribution by a food dispensing vehicle operator shall be in compliance with all applicable county, state, and federal health and sanitary regulations. In accordance with such laws, the food dispensing vehicle shall return daily to a commissary for proper servicing.

(D)

One sandwich board sign shall be allowed.

(E)

Amplified music is prohibited.

(F)

The operator shall keep all areas within five (5) feet of the food dispensing vehicle and any associated customer or dining area clean of grease, trash, paper, cups, cans, or other debris associated with the food truck.

(G)

Each operator is responsible for the proper disposal of solid waste associated with food dispensing vehicle operation and with any outdoor dining areas. Trash receptacles maintained by the City shall not be used for this purpose.

(H)

Each operator shall remove all waste and trash prior to leaving an approved location or as needed to maintain the health and safety of the public.

(I)

No waste or grease may be disposed in storm drains, into the sanitary sewer system, or onto sidewalks, streets, or other public spaces.

(J)

If at any time evidence of the improper disposal of liquid waste or grease is discovered, the food dispensing vehicle operator shall cease operation immediately. The owner of the food dispensing vehicle business and the owner of the property shall be liable for the violation.

(2)

Non-Residential and Mixed-Use Zone Districts. In non-residential and mixed-use zone districts, the following additional standards apply:

(A)

No more than one (1) food dispensing vehicle is permitted per parcel as an accessory to a developed site except in the WS-RT, WS-NW, and R-MF zone districts where two (2) per parcel are permitted.

(B)

No food dispensing vehicle shall be located closer than one hundred (100) feet to a lot occupied by a single-family or two-family (duplex) dwelling unit as measured in a straight line from the location of the food truck to the nearest property boundary.

(C)

A food dispensing vehicle shall be located at least five (5) feet from any fire hydrant, sidewalk, utility box, handicap ramp, and building entrance.

(D)

A food dispensing vehicle shall not occupy parking spaces required to fulfill the minimum requirements of the principal use, unless the hours of operation of the principal use do not coincide with those of the food dispensing vehicle.

(E)

A food dispensing vehicle may not encroach upon open space, landscaping, vehicular accessways, or pedestrian walkways, and shall not obstruct or disturb existing buffers or required setbacks from buffers or streetscapes.

(F)

A food dispensing vehicle shall be located at least one hundred (100) feet from the main entrance of any eating establishment or similar food service business, from any outdoor dining area, and from any other food dispensing vehicle, as measured in a straight line.

(G)

The owner of the food dispensing vehicle and the owner of any private property upon which a violation of the regulations within this subsection occurs shall be individually and jointly responsible and liable for violation of any standard listed above and may be subject to, among all remedies otherwise available to the City, a daily fine through code enforcement action.

(3)

Residential Zone Districts. In residential zone districts, a food dispensing vehicle shall be allowed only on commonly-owned property within a residential development serving residents and guests at a neighborhood activity or function.

(4)

Public Property. A food dispensing vehicle may not operate on public property such as parks or plazas, parking lots, public street rights-of-way, or public sidewalks except as specifically authorized by the City and as part of an official public event sponsored or co-sponsored by the City.

(j)

Home Occupation. A home occupation shall comply with the following standards:

(1)

The only persons who may engage in the home occupation within the residential development are members of the family residing on the premises, and up to two (2) other persons.

(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, and shall under no circumstances change the residential character of the property.

(3)

The demand for parking shall not exceed what would be expected for a similar residence where no business is conducted. Any need for parking generated by the conduct of a home occupation shall be met off the street in accordance with Sec. 5.2.4(j), Single-Family and Two-Family Residences.

(4)

No home occupation shall use equipment or a process which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot.

(5)

In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(6)

A home occupation shall comply with all applicable business tax receipts and other business taxes.

(k)

Leasing Office, as Accessory to Rental Apartment Complex. A leasing office for a rental apartment complex shall only be permitted on the same parcel as the apartment complex, and shall provide one (1) off-street vehicular parking space for each two hundred fifty (250) square feet of gross floor area.

(l)

Limited Fuel/Oil/Bottled Gas Distribution.

(1)

Limited fuel/oil/bottled gas distribution is allowed as an accessory use to convenience stores, consumer goods establishments, automobile service stations, and personal and commercial vehicle sales and rental uses.

(2)

Any structure housing the fuel, oil, or bottled gas that is located on a sidewalk or other walkway shall be located to maintain at least five (5) feet of clearance along the walkway for use by pedestrians.

(3)

Limited fuel/oil distribution as an accessory use is prohibited within one thousand (1,000) feet of a school, day care, or hospital.

(4)

Limited bottled gas distribution as an accessory use is prohibited within two hundred fifty (250) feet of a school, day care, or hospital.

(m)

Outdoor Display of Merchandise, as Accessory to a Retail Sales Use. Outdoor display of merchandise shall be conducted on the same lot as the building that it supports and in accordance with the following standards:

(1)

Merchandise displayed shall be limited to that sold or rented by the principal use on the lot.

(2)

All outdoor display of goods shall be located immediately adjacent to the front, or side or rear (if parking is allowed on the side or rear) of the principal building, and not in drive aisles, loading zones, fire lanes, or parking lots.

(3)

Outdoor display areas along the front or side of a principal building shall be limited to no more than one-half (½) of the length of the building's front or side, as appropriate.

(4)

Outdoor display areas shall be located to maintain a clearance area in front of a primary building entrance for at least ten (10) feet directly, outward from the entrance width.

(5)

An obstruction-free area at least five (5) feet wide shall be maintained through the entire length of the display area or between it and adjacent parking areas so as to allow pedestrians and handicapped persons with disabilities to safely and conveniently travel between parking areas or drive aisles to the building and along the front and side of the building, without being required to detour around the display area.

(n)

Outdoor Mechanical Equipment, Residential. Outdoor mechanical equipment shall be located to the rear or side of the principal building on the lot.

(o)

Outdoor Seating, as Accessory to an Eating, Drinking, and Entertainment Use. Outdoor seating is allowed as an accessory use to any eating, drinking, or entertainment use, in accordance with the following standards:

(1)

The outdoor seating area shall be located no closer than one hundred (100) feet from the RSF-1, RSF-2, or RSF-3 districts.

(2)

Live music or sound production or reproduction machines or devices (including, but not limited to musical instruments, loud-speakers, and sound amplifiers) may be played in the outdoor seating area provided that the volume measured at the property line does not exceed 60 dB(A) when adjacent to residential property, or 75 dB(A) elsewhere in the City, and does not violate the City's noise ordinance, Secs. 10-10 and 10-11 of the City Code. The sound level shall be measured by the use of a sound level meter and frequency weighting network "A" as specified in the American National Standards Institute specifications for sound level meters.

(3)

Hours of operation of the outdoor seating area shall be the same as those for the eating or drinking establishment.

(4)

The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use, and shall not obstruct a pedestrian crosswalk or curb cut.

(5)

The outdoor seating area may be permitted on a public sidewalk abutting or adjacent to the front of the property containing an eating or drinking establishment subject to the following standards:

(A)

The outdoor seating area shall be limited to that part of the sidewalk directly in front of the property containing the eating or drinking establishment unless the owner of adjoining property agrees in writing to an extension of the outdoor seating area to that part of the sidewalk in front of the adjoining property.

(B)

The operator of the establishment shall enter into a revocable agreement with the City that has been approved as to form by the City Attorney that:

1.

Ensures that the operator is adequately insured against and indemnifies and holds the City, its officers, and employees harmless for any claims for damages or injury arising from sidewalk dining operations, and will maintain the sidewalk seating area and facilities in good repair and in a neat and clean condition;

2.

Requires that the permittee pay any and all damages or penalties which the City may be legally required to pay as a result of the permittee's operation or maintenance of an outdoor seating area, whether or not the acts or omissions complained of are authorized, allowed, or prohibited by the City;

3.

Requires that the permittee pay all expenses incurred by the City in defending itself regarding any and all damages and penalties mentioned in subsection 2 above. These expenses shall include all out-of-pocket expenses, including a reasonable attorneys' fee and the reasonable value of services rendered by any employee of the City.

4.

Authorizes the City to suspend authorization of the outdoor seating use, and to remove or relocate or order the removal or relocation of any sidewalk seating facilities, at the owner's expense, as necessary to accommodate repair work being done to the sidewalk or other areas within the right-of-way containing or near the outdoor seating area; and

5.

Authorizes the City to remove or relocate or order the removal or relocation of any sidewalk seating facilities, at the operator's expense, if the operator fails to comply with a City order to do so within a reasonable time period.

(C)

The permittee shall maintain, throughout the term of the approval, liability insurance insuring the City and the permittee regarding all damages mentioned in subsection (B) above caused by the permittee or its agents, in the minimum amounts of:

1.

Workers' and unemployment compensation insurance as provided by state law.

2.

Two hundred thousand dollars ($200,000.00) for property damage, bodily injury, or death payable to any one (1) person and one million dollars ($1,000,000.00) for property damage, bodily injury, or death when totaled with all other claims or judgments arising out of the same incident or occurrence, or other amounts required by the City's risk management policy.

3.

The insurance policies obtained by a permittee in compliance with this subsection shall be issued by a company or companies acceptable to the City and a current Certificate or Certificates of Insurance, along with written evidence of payment of all required premiums, shall be filed and maintained with the City during the term of the approval. The policies shall name the City as an additional insured and shall contain a provision that written notice of cancellation or reduction in coverage of the policy shall be delivered by registered mail to the City at least thirty (30) days in advance of the effective date thereof.

4.

An applicant for approval shall be required to submit evidence of liability insurance.

(D)

Approval of an outdoor seating area is always conditional. Approval for an outdoor seating area may be revoked or suspended in accordance with Article 9: Enforcement.

(E)

A clear pathway at least five (5) feet wide shall be maintained to allow through public pedestrian traffic along the sidewalk and from the sidewalk into the entrance to the establishment. A greater width may be required where necessary to ensure the safe and convenient flow of pedestrian traffic.

(F)

A clear separation of at least five (5) feet shall be maintained from any alley, crosswalk, fire hydrant, or similar public or emergency access feature in or near the sidewalk. A greater clear distance may be required where necessary to ensure use of the public or emergency access feature.

(G)

No objects shall be placed along the perimeter of the outdoor sidewalk seating area that would have the effect of forming a physical or visual barrier discouraging the use of the sidewalk by the general public.

(H)

Tables, chairs, umbrellas, and other furnishings associated with the outdoor seating area shall be of sufficient quality, design, materials, and workmanship to ensure the safety and convenience of the users and compatibility with adjacent uses and shall not be attached, chained, or otherwise affixed to any curb, sidewalk, tree, post, sign, or other fixture.

(I)

The outdoor seating area shall not obstruct vehicle passengers from exiting their cars with the placement of curbside tables.

(p)

Outdoor Storage, as an Accessory Use.

(1)

No outdoor storage is allowed for any principal use in the DM district and any DM-PD development.

(2)

In all districts other than the DM or DM-PD districts, outdoor storage areas shall be located to the rear of the development's principal building(s).

(3)

Where an outdoor storage area stores goods intended for sale or resale, such goods shall be limited to those sold on the premise in conjunction with the principal use of the lot.

(4)

Outdoor storage areas for shopping carts shall be located either contiguous to and at the entrance to the building, or in the vehicular parking area if the area set-off for shopping carts is clearly marked and includes an area where the carts may be safely parked and kept.

(5)

Flammable liquids or gases in excess of one hundred (100) gallons shall be stored underground.

(6)

No materials shall be stored in areas intended for vehicular or pedestrian circulation.

(7)

Building materials may only be stored on a lot in a Residential zone district in connection with active construction activities on the lot.

(q)

Rainwater Cistern or Barrel. An aboveground rainwater cistern or barrel shall:

(1)

Be located directly adjacent to the principal structure on the lot.

(2)

Not serve as signage or have signage affixed to it.

(r)

Satellite Dish, Accessory. A satellite dish shall comply with the following standards:

(1)

Direct Broadcast Satellite Dishes. A satellite dish antenna that is one (1) meter or less in diameter, located on property within the exclusive use or control of the antenna user, and designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite, is subject to the standards in this subsection (r) only to the extent that the standards do not unreasonably delay, prevent, or increase the cost of its installation, maintenance, or use or preclude reception of an acceptable quality signal.

(2)

Location.

(A)

Residential Zone Districts. In Residential zone districts, a satellite dish shall:

1.

Be at least fifteen (15) feet from any property line.

2.

Not be located closer to any public or private street than the rear of any principal structure on the same lot.

3.

Have a maximum height of seven (7) feet.

4.

Have a maximum diameter of one (1) meter.

5.

Not be mounted or connected to any building.

(B)

Mixed-Use and Nonresidential Zone Districts. In Mixed-Use and Nonresidential zone districts, a satellite dish shall:

1.

Not be located closer to any public or private street than the rear of any principal structure on the same lot.

2.

Not be in any required yard.

3.

Have a maximum height of fourteen (14) feet.

4.

Have a maximum diameter of one (1) meter.

5.

Be placed at ground level, except that structures at least three (3) stories in height may mount a satellite dish on the roof if it is largely obscured from view.

(3)

Measurement. For purposes of this subsection (r), the following standards apply:

(A)

The height of a satellite dish shall be measured from the ground to the nearest point of the dish antenna when actuated to its most horizontal position.

(B)

The horizontal distance from a satellite dish shall be measured from the nearest point of the dish antenna when actuated to its most horizontal position.

(4)

Aesthetics. Satellite dishes shall be screened through the addition of architectural features or landscaping that is compatible and in harmony with the lot on which it is placed, adjacent lots, and the neighborhood in which the satellite dish is to be located. Each satellite dish shall comply with the following:

(A)

Be either black or a shade of green that blends with surrounding green landscaping, or painted in a corresponding color to blend in with the surrounding vegetation or buildings.

(B)

Be constructed with appropriate landscape or masonry screening that effectively conceals the satellite dish from the view of any person from any public or private street, a public right-of-way, or an adjoining lot, provided that the placement of masonry or landscape forms of screening may be waived or reduced by the Community Development Director if the applicant demonstrates that requiring screening in accordance with this subsection would interfere with the reception of communications signals from orbiting satellites by the satellite dish. In such instances the screening requirements may be waived or reduced, but only to the extent that reception of communications signals is interfered by the screening requirements.

(5)

Number of Satellite Dishes in Single-Family or Duplex Residential Lots. A maximum of one (1) satellite dish is permitted upon any lot in a residential zone district that is not occupied by a multifamily dwelling unit.

(6)

Number of Satellite Dishes in All Other Zone Districts. In multifamily residential lots and all Mixed-Use and Nonresidential zone districts, additional satellite dishes are permitted on a lot if each dish is less than three (3) feet in diameter and less than four (4) feet in height.

(7)

Signage. Any satellite dish having symbols, numbers, or letters larger than one (1) inch in size shall comply with Section 5.14. Signs.

(s)

Solar Energy Collection Facility, Small-Scale.

(1)

The facility may be located on the roof of a principal or accessory structure, on the side of such structures, on a pole, or on the ground in accordance with Sec. 4.3.3, Standards for All Accessory Uses and Structures.

(2)

The facility shall comply with the maximum height standards for the zone district in which it is located, except that a roof-mounted system shall not extend more than fifteen (15) feet above the roof line of the structure on which it is mounted.

(3)

Where an existing structure is within five (5) feet of or exceeds the applicable height limit, a solar energy collection facility may be located on its roof irrespective of applicable height standards, provided the system extends no more than five (5) feet above the roof surface.

(4)

The property owner shall be responsible for negotiating with other property owners in the vicinity to establish any solar easement designed to protect solar access for the small-scale solar energy collection facility, and for recording any such solar easement in the public records of Orange County, with a copy provided to the Community Development Director.

(t)

Swimming Pool and Pool Screen Enclosure, as Accessory to Single-Family or Two-Family Use.

(1)

An outdoor swimming pool accessory to a single-family detached dwelling, townhouse dwelling, or two-family dwelling (duplex) shall be located:

(A)

If on a through lot, within the yard that does not contain the primary entrance;

(B)

If on a corner lot, behind the front line of the structure; and

(C)

Entirely above the base flood elevation (see Section 5.7, Flood Damage Prevention).

(2)

On lakefront property, a swimming pool and pool enclosure may be located within the fifty (50) foot water body setback established in Sec. 5.3.7(c), Water Body Setback.

(3)

The height of the pool enclosure shall not exceed the height of the highest point of the roof structure for the principal structure, or twelve and one-half (12½) feet if the pool enclosure is within the water body setback set forth in Sec. 5.3.7(c), Water Body Setback.

(4)

In Winfield Units 1 and 2 (single-family residential subdivisions) annexed by Ordinance No. 970, if the pool is located within any front or street side yard, the pool equipment shall be screened from view by landscaping, except if the screening would create a hazardous obstruction to visibility of vehicles or pedestrians. The screening shall be established when new swimming pool construction occurs, or when a pool is replaced or altered requiring a permit.

(5)

In the Mayo Avenue Area Annexation (Ordinance No. 799) and the Druid Annexation Area (Ordinance No. 859), pool enclosures constructed prior to the effective date of a lot's annexation that are between five (5) and seven and one-half (7½) feet from a side lot line are permitted to replace the enclosure in the preexisting location.

(Ord. No. 1407, § 7, 9-12-22; Ord. No. 1433, § 6, 10-14-24)

(a)

Purpose and Intent. The purpose of this section is to authorize the establishment of certain temporary uses and structures, which are uses (including special events) and structures of a limited duration. This section also identifies the zone districts in which temporary uses and structures are allowed, identifies what type of permit or review is required to establish them, sets out general standards applicable to all temporary uses and structures, and sets out any special standards applicable to particular temporary uses and structures. This section is intended to ensure that such uses or structures do not negatively affect adjacent land, are discontinued upon the expiration of a set time period, and do not involve the construction or alteration of any permanent building or structure.

(b)

Organization of this Section. Table 4.4.2(c): Temporary Use and Structure Table, in Sec. 4.4.2, Temporary Use and Structure Table, shows whether a particular type of temporary use or structure is permitted or prohibited within the various zone districts. Sec. 4.4.3, Standards for All Temporary Uses and Structures, establishes general standards that apply to all allowed temporary uses and structures. Sec. 4.4.4, Standards Specific to Temporary Uses and Structures, establishes standards that apply to particular types of temporary uses or structures regardless of the zone district in which they are allowed or the review procedure by which they are approved, unless expressly stated to the contrary. These standards may be modified by other applicable requirements in this LDC.

(a)

Organization of Temporary Uses and Structures. The abbreviations in this subsection apply to Table 4.4.2(c): Temporary Use and Structure Table. Each cell is located at the intersection of a row and a column, which are referenced in each subsection below.

(b)

Standards for Specific Temporary Uses and Structures. When a particular use or structure is permitted as a temporary use or structure in a zone district, there may be additional regulations that are applicable to the use or structure. The applicability of such specific standards is noted in the right-most column of Table 4.4.2(c): Temporary Use and Structure Table, through a reference to standards in Sec. 4.4.4, Standards Specific to Temporary Uses and Structures.

(c)

Temporary Uses and Structures Table.

Unless otherwise specified in this LDC, all temporary uses and structures shall:

(a)

Obtain any other applicable City, state, or federal permits;

(b)

Be compatible with the principal uses taking place on the site;

(c)

Not include permanent alterations to the site;

(d)

Not interfere with the normal operations of any permanent use located on the property;

(e)

Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;

(f)

Not have adverse health, safety, noise, or nuisance impacts on any adjoining permanent uses or nearby residential neighborhoods;

(g)

Not involve the retail sales or display of goods, products, or services within a public right-of-way, except as part of a City-authorized event;

(h)

Not violate the applicable conditions of approval that apply to the site or a use on the site; and

(i)

Be located on a site containing sufficient land area to allow the temporary use or structure to occur and accommodate associated pedestrian, parking, and traffic movement without adversely impacting surrounding lands, public facilities, and environmentally sensitive lands.

(a)

Construction-related Building, Structure or Use.

(1)

The temporary building, structure, or use shall not be moved onto the project site prior to the issuance of a site or building permit or until construction or development of the site is actively underway. It shall be removed within thirty (30) days after either (1) the expiration of the Building Permit or (2) the issuance of the final Certificate of Occupancy for the building or completed development.

(2)

The temporary building, structure, or use may be placed on a property adjacent to the construction site if site constraints make it infeasible to locate the building, structure, or use on the construction site. The adjacent site shall be restored to its previous condition within sixty (60) days after issuance of the final Certificate of Occupancy for the building or completed development.

(3)

The temporary building, structure, or use shall be in use for no more than 36 months, except the temporary use may be extended with the written consent of the Community Development Director for an additional period not to exceed thirty-six (36) months on finding that the building construction or land development is proceeding in a reasonably timely manner.

(4)

Adequate off-street parking for the temporary building, structure, or use shall be provided in accordance with Section 5.2, Off-Street Parking, Bicycle, and Loading Standards.

(5)

The temporary building, structure, or use shall have screening between the parking lot and the street that complies with Section 5.3, Landscape, Buffer, and Tree Protection Standards.

(b)

Farmers' Market, Temporary. A farmers' market located on private property shall comply with the following standards:

(1)

The farmers' market shall operate only with written permission from the owner of the property on which it is located.

(2)

The farmers' market shall operate for no more than fifty (50) days in any one calendar year.

(3)

The farmers' market shall be open only during daylight hours.

(4)

The farmers' market shall provide adequate ingress, egress, and off-street parking areas. Vehicular access to the subject property shall not be by means of streets internal to subdivisions or neighborhoods for single-family detached dwellings.

(5)

Sales shall be limited to the retail sale of agriculture, aquaculture, and horticulture products produced by the vendor, including the sale of products made by the vendor from such products (e.g., baked goods, jams and jellies, juices, and cheeses) and incidental sales of crafts or similar home-made products made by the vendor.

(6)

Items for sale shall not be displayed or stored within customer pathways.

(7)

The farmers' market shall have an established set of operating rules addressing the governance structure of the market, hours of operation, and maintenance and security requirements and responsibilities.

(8)

The farmers' market shall have a manager authorized to direct the operations of all participating vendors during all hours of operation.

(c)

Garage/Yard Sale. Garage or yard sales are allowed in accordance with the requirements of Sec. 9-81 of the City Code.

(d)

Model Sales Home/Unit.

(1)

A model sales home/unit may be a modular home, single-family detached dwelling, or single-family attached (townhouse) dwelling.

(2)

Only one sales office shall be maintained in the model sales home/unit.

(3)

The use shall not begin until the model sales home/unit receives a Certificate of Occupancy.

(4)

The model home/sales unit shall comply with all requirements of the Building Code (Sec. 5-1 et seq. of the City Code).

(5)

If the model sales/home unit is a single-family detached dwelling or townhouse dwelling:

(A)

The office or sales use may occupy either the garage or part of the first floor of the home's living area.

(B)

If part of the first floor of the home's living area is being used for office or sales use, the total space used for office or sales purposes shall not exceed twenty (20) percent of the first floor living area (exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters).

(6)

If the model sales home/unit is a manufactured or modular home:

(A)

The modular home shall be placed on a foundation, be painted or have a stained wooden exterior, and have wooden skirting between the floor of the office and the ground on all sides.

(B)

The driveway and parking area shall consist of wooden mulch or rock.

(C)

All landscaping between the parking area and the street shall comply with Section 5.3, Landscape, Buffer, and Tree Protection Standards.

(7)

The model sales home/unit shall not be located on a lot that abuts an existing single-family detached residence in an adjacent developed subdivision or unplatted area.

(8)

The model sales home/unit shall be maintained in a neat and orderly fashion at all times.

(9)

At least one (1) vehicular parking space shall be provided for every three hundred (300) square feet of gross floor area devoted to the use. Accessible parking for persons with physical disabilities is required in accordance with the standards in Section 5.2, Off-Street Parking, Bicycle, and Loading Standards.

(10)

Only one sign shall be permitted on the same lot as the model sales home/unit. The sign shall be pole or wall mounted, shall not exceed five (5) feet above the ground in height, and shall have a sign area no larger than four (4) square feet.

(11)

The hours of operation for the use shall be limited to between 7:00 a.m. and 6:00 p.m.

(12)

No negotiation or consummation of sales concerning areas outside the development site shall take place in the model sales home/unit.

(13)

On termination of the temporary use, the home/unit shall be converted into, or removed and replaced with, a permanent dwelling in accordance with the requirements of this LDC.

(e)

Portable Storage. A portable storage container shall comply with the following standards:

(1)

Storage containers shall not exceed one hundred sixty (160) square feet in floor area or be taller than eight (8) feet.

(2)

Containers shall be located within an improved driveway, parking, or loading area. In cases where the driveway, parking, or loading area extends behind the front façade of a building, the container shall be placed behind the front façade.

(3)

In cases where improved driveways, parking, or loading areas are not present, containers shall be located so as to minimize their visibility from streets or adjacent residential areas, to the maximum extent practicable.

(4)

A maximum of two (2) containers is allowed on an individual lot or site, except when additional containers are allowed by the Community Development Director for good cause shown and a demonstration that the location of more than two (2) containers on the site will not have an adverse impact on adjacent lands. provided compliance with all other applicable standards is maintained.

(5)

Except for storage containers located on construction sites, storage containers shall not be located on an individual parcel or site for more than fourteen (14) consecutive days per site per occurrence. The owner or occupant of the parcel or site shall notify the Community Development Department at the time the storage container is placed and when it is removed.

(6)

Storage containers may be placed on a residential site a maximum of two (2) occurrences per year, per unit.

(7)

A minimum period of six (6) months is required between the removal of a storage container from a nonresidential site and the subsequent placement of a storage container on the site.

(f)

Seasonal Sales.

(1)

The display/sales area shall be located at least 25 feet from an existing street line and from any adjacent lot lines.

(2)

Adequate measures shall be taken to ensure that the use will not adversely affect the health and safety of residents or workers in the area, and will not be detrimental to the use or development of adjacent properties or the general neighborhood.

(3)

Off-street parking shall be adequate to accommodate the proposed sale of products.

(4)

Shall take place for no more than forty-five (45) consecutive days.

(g)

Special Event. Special events are permitted in accordance with the standards and procedure in Ch. 14, Special Events Procedure, of the City Code.

(h)

Temporary Use of an Accessory Use or Accessory Structure as a Principal Dwelling after a Catastrophe. An existing structure that is accessory to an existing principal dwelling that has been damaged or destroyed by a fire, hurricane, or other physical catastrophe may be temporarily used as the principal dwelling on the lot while the damaged or destroyed principal dwelling is being repaired or reconstructed, provided it complies with the following standards:

(1)

The building or inhabited part shall meet all applicable building, health, and other regulations for a habitable dwelling.

(2)

The building complies with any additional standards set forth in a Declaration of Emergency issued by authorized officials in response to the catastrophe.

(3)

The building is removed or converted to an authorized accessory use within thirty (30) days after issuance of the certificate of occupancy for the permanent principal dwelling. In no case shall the building be used as the principal dwelling for more than two (2) years unless authorized by a longer time period set forth in a Declaration of Emergency issued by authorized officials in response to the catastrophe.

(i)

Temporary Use of Factory-Fabricated, Transportable Building. Factory-fabricated, transportable buildings that are designed to arrive at the site ready for occupancy (except for minor unpacking and connection to utilities), and for relocation to other sites, may be temporarily placed on land, subject to the following standards:

(1)

The building may be placed on a lot and temporarily used only for the following purposes:

(A)

Temporary on-site expansion of space for an existing community services use, government administrative offices, health care use, place of worship, public school, or other community-serving institutional use pending implementation of City-approved plans for the permanent expansion of existing facilities.

(B)

Temporary on-site office space for construction management and security uses during construction of new development in accordance with City-approved plans.

(C)

Temporary on-site office space pending completion of permanent office space if a building permit has been issued for the permanent office space.

(D)

A temporary on-site space for real estate sales or leasing activities associated with a new development pending construction of the development.

(E)

Temporary on-site space for recreational use for a new residential development pending construction of permanent recreational facilities approved as part of the development.

(2)

Except as otherwise provided in this LDC, the temporary building may be located anywhere on the site except within the following areas:

(A)

Existing required landscaping or perimeter buffer areas;

(B)

Areas designated as future required landscaping areas, whether or not vegetation currently exists;

(C)

Natural areas, floodplains, and environmentally sensitive areas; and

(D)

Other areas designated on the site for open space, vehicular access, or parking.

(3)

Adequate off-street parking for the temporary building or room shall be provided in accordance with the minimum standards for number of off-street parking spaces in Section 5.2, Off-Street Parking, Bicycle, and Loading Standards.

(4)

All permits required by applicable building, electrical, plumbing, and mechanical codes shall be obtained before placement of the temporary building or room.

(5)

The temporary building or room shall be compatible with any existing buildings on the site in terms of exterior color.

(6)

The exterior of the temporary building or room shall not be used to display advertising other than signage authorized by Section 5.10, Signs.

(7)

Following issuance of a building permit, a temporary building erected in accordance with this subsection may be used for a period of twelve (12) months. The temporary use may be extended for an additional twelve (12) months, up to three (3) times, with the written consent of the Community Development Director, except that an unlimited number of extensions are allowed for temporary classrooms for use as part of an existing public educational facility. In all other instances, the temporary building shall not remain on the site for more than four (4) years.

(8)

The temporary building shall be removed from the site within thirty (30) days after issuance of the final Certificate of Occupancy for the permanent expansion, new development, permanent office space, permanent recreation facility, or other permanent facility.