7.16.01 General Provisions Regulating Conditional Uses: A conditional use shall be permitted by the City Council provided the Council finds that the use:

A.

Is so designed, located, and proposed to be operated so that the public health, safety, and welfare will be protected;

B.

Will not unduly adversely affect other property in the impacted area which it is located;

C.

Conforms to all applicable provisions of the district in which the use is to be located;

D.

Satisfies criteria stipulated for similar uses as described in the following section.

7.16.02 Criteria Regulating Conditional Uses: In addition to the general provisions cited above, a conditional use shall be permitted by the City Council provided the Council finds that the proposed conditional use complies with the following requirements:

A.

Administrative Services, Business and Professional Offices and Medical Services:

1.

Sites shall be located within the more highly accessible portions of the respective residential district and near commercial district boundaries, thereby serving as a logical transitional use between residentially and commercially developed areas in the impacted area; and generally should be located on a major thoroughfare as opposed to a local residential street; and where not located on a major thoroughfare, the site should not be adjacent to a single-family residential district.

2.

The proposed use shall not unreasonably increase traffic on local residential streets in the impacted area.

3.

Interior displays generally should not be visible from the exterior of the building, but where visible, they shall be in harmony with the residential character of the impacted area.

4.

The use shall not include retail sales as a principal activity.

5.

The scale, intensity and operation of the use shall not generate unreasonable noise, traffic, congestion, or other potential nuisances or hazards to continuous residential properties.

6.

In the R-2 district, medical office buildings may include, as an accessory use, an apothecary limited primarily to the preparation and sale of medicine and medical related goods, but, if the apothecary is developed as an accessory use to a medical office building, it shall not exceed five hundred (500) square feet or twenty-five percent (25) of the gross floor area of any single story within the building.

B.

Child Care Services:

1.

Site shall be located within the more highly accessible portions of residential districts near major thoroughfares so as to discourage traffic along local residential streets in the impacted area.

2.

No such facility shall be permitted on a zone lot unless said lot contains a minimum of ten thousand (10,000) square feet.

3.

One accessory off-street parking space shall be provided for each five (5) children accommodated in the child care facility.

4.

Passenger loading and unloading facilities shall be provided on the same lot for vehicles to pick-up or deliver clientele.

5.

All regulations of the State of Florida, as may be amended hereafter, that pertain to the use shall be satisfied.

6.

The scale, intensity and operation of the use shall not generate unreasonable noise, traffic, congestion, or other potential nuisances or hazards to contiguous residential properties.

7.

Child Care Centers, Nursery Schools and Kindergartens in which more than five (5) children are present at any given time shall have a minimum floor space (apart from administrative or residential use) of thirty-five (35) square feet per child. Each child must also have a minimum of one hundred (100) square feet of outside play area enclosed by a minimum of six (6) feet high chain link fence. All licensed child care facilities must provide a separate kitchen and separate bathrooms apart from the normal living quarters in accordance with Chapter 10M-12 (as may be amended), "Child Care Standards," Department of Health Rehabilitative Services. Requirements of Chapter 4A-36 (as may be amended) of the Fire Marshall's Code, shall also apply in determining construction and safety standards.

C.

Nursing Homes:

1.

A description of the program of service shall be submitted with application and the applicant shall demonstrate that the method of operation and delivery of such health services and daily care shall be in compliance with all relevant state and federal standards for operation of nursing homes.

2.

The scale, intensity and operation of the use shall not generate unreasonable noise, traffic, congestion or other potential nuisances or hazards to contiguous residential properties.

3.

When located in the R-2 district, sites shall be situated within the more highly accessible portions of the district near major thoroughfares. When located in the R-2 district, a nursing home site in addition to the above shall abut a less restrictive district. The intent is to minimize potential adverse impact on the established residential neighborhoods and assure that sites are accessible to major thoroughfares.

D.

Places of Worship:

1.

Sites shall be located within more highly accessible portions of residential districts near major thoroughfares so as to discourage traffic along local residential streets of the impacted area.

2.

The minimum site for places of worship in residential districts shall be fifteen thousand (15,000) square feet.

3.

No main or accessory building shall be located within thirty (30) feet of any side or rear lot line.

4.

The scale, intensity and operation of the use shall not generate unreasonable noise, traffic, congestion or other potential nuisances or hazards to contiguous residential properties.

5.

Height: No building or structure shall exceed forty-five (45) feet in height above the crown (ridge) of the roof measured form finished grade to crown (ridge); exclusive of elevator shafts, air conditioning condensing units or cooling towers, antennas, copulas, spires, chimneys, reception devices, ventilators, belfries or other component usually required to be placed above the roof level and not intended to be habitable. In no cases shall the total height of the structure be more than seventy-five (75) feet above mean sea level (MSL), inclusive of elevator shafts, air conditioning, condensing units or cooling towers, antennas, copulas, spires, chimneys, ventilators, belfries or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

E.

Public and Private Utilities:

1.

The location of such facility shall be situated on a site providing the most effective service to such area. The applicant shall demonstrate that such proposed sites are located effectively relative to the service area and that the site proposed is at least equal to the effectiveness of other alternative sites.

2.

The location of such facility shall not unreasonably increase traffic on streets in the impacted area.

3.

The scale, intensity and operation of the use shall not generate unreasonable noise, traffic, congestion or other potential nuisances or hazards to contiguous residential properties.

(Ord. No. 2007-11, §§ I, II, 9-17-07)