Intent. The provisions of this district are intended to apply to an area of high quality, low density single-family residential development.

A.

Principal uses and structures.

1.

One single-family dwelling.

B.

Accessory uses and structures.

1.

Structures clearly incidental and subordinate to the principal use such as: patio, swimming pool, toolhouse, garage, playhouse, carport, and similar uses in keeping with the residential character of the district.

2.

Television dish receivers and antennae as regulated by Section 2.09.

C.

Special exceptions.

1.

Public parks and playgrounds.

2.

Sewer lift stations.

3.

Houses of worship and associated buildings, including education and recreational facilities.

4.

Home occupations as defined in section 2.09.

D.

Prohibited uses and structures.

1.

All other uses not specifically or provisionally permitted herein.

2.

Mobile homes, manufactured homes and mobile home parks.

E.

Bulk regulations.

F.

Minimum setback requirements.

1.

From public roads: 35 feet from dedicated or maintained public rights-of-way or a minimum of 65 feet from the center line, whichever is greater.

2.

From private roads: at least 45 feet from the edge of the privately maintained roads or a minimum of 75 feet from the center line, whichever is greater.

3.

Ten feet from one side property line.

4.

15 feet from one side property line.

5.

Ten feet from rear property line.

6.

For corner lots, the setback shall be 35 feet from the front property line and 20 feet from the other abutting street.

Intent. The provisions of this district are intended to apply to an area of low density single-family residential development.

A.

Principal uses and structures.

1.

One single-family dwelling.

B.

Accessory uses and structures.

1.

Structures clearly incidental and subordinate to the principal structure such as: patio, swimming pool, toolhouse, garage, playhouse, carport, and similar uses in keeping with the residential character of the district.

2.

Television dish receivers and antennae as regulated by Section 2.09.

C.

Special exceptions.

1.

Public parks and playgrounds.

2.

Sewer lift stations.

3.

Churches, houses of worship, rectories, parish houses, temples, synagogues, and associated buildings, including educational and recreational facilities.

4.

Home occupations as defined in Section 2.09.

D.

Prohibited uses and structures.

1.

All other uses not specifically or provisionally permitted herein.

2.

Mobile home parks as defined in Section 2.11 [2.12], Definitions.

E.

Bulk regulations.

F.

Minimum setback requirements.

1.

From public roads: 35 feet from dedicated or maintained public rights-of-way or a minimum of 65 feet from center line, whichever is greater.

2.

From private roads: at least 45 feet from the edge of the privately maintained roads or a minimum of 75 feet from the center line, whichever is greater.

3.

10 feet from one side property line.

4.

15 feet from one side property line.

5.

10 feet from rear property line.

6.

For corner lots, the setback shall be 35 feet from the front property line and 20 feet from the other abutting street.

G.

Requirements for mobile homes.

1.

Steps. Each mobile home shall have steps as required by the Office of Growth Management. Steps shall be located at the entrance of each mobile home to ensure safe entrance and exit of the mobile home.

2.

Foundation and anchorage. All mobile homes shall be located on a masonry foundation and securely anchored and tied down according to the requirements of F.S. § 320.8325.

3.

Skirting and removal of wheels. Within 60 days of permit issuance, all mobile homes shall have skirting or shrubs which completely obscure the underside of the unit. All wheels shall be removed from mobile homes.

4.

Roof pitch. Mobile homes shall have a roof pitch of not less than 2:12.

5.

The minimum square footage for a mobile home shall be 600 square feet, not including garages, carports, porches, balconies, storage areas or cabanas.

6.

Mobile homes shall measure at least ten feet in width, including attached additions.

7.

Mobile homes must meet the following codes:

a.

American National Standard Institute (ANSI Code).

b.

Federal Mobile Home Construction and Safety Standards, dated June 16, 1976.

c.

Housing and Urban Development (HUD Code) established under the Housing and Community Development Act of 1980.

d.

The minimum housing code of Gadsden County.

8.

Mobile homes must meet the following requirements:

a.

The unit is clean and is in sound condition.

b.

All windows are operable and screened with no broken panes.

c.

All plumbing works properly with no leaks.

d.

All electrical systems are in proper working order and contain no aluminum wire less than #8.

e.

All heating equipment is in proper working order.

f.

At least one set of steps is connected to the unit with handrails if required.

g.

All ceiling fans are at least seven feet.

h.

All doors and hardware work properly.

i.

There is no pest or vermin infestation in the unit.

j.

Properly working washing machine connections are in place.

9.

Any person or entity bringing a mobile home, recreation vehicle, modular home or manufactured home into Midway, or causing the same to be brought into Midway, and any person setting up or causing to be set up in Midway, any mobile home, recreational vehicle, manufactured home or modular home shall have a copy of the permit issued pursuant to this ordinance in the window next to the front door of said unit.

10.

Prior to the issuance of a permit as required by this ordinance, all used mobile homes must be inspected and approved by the growth management director or his agent and must meet the standards set forth herein.

11.

It shall be unlawful for electrical services to be connected to any mobile home, recreational vehicle or modular home until a permit as required herein shall have been issued by the building official of his agent, and proper approvals have been obtained for the sewage disposal system and potable water system.

12.

It shall be unlawful for any dealer or transporter of mobile homes, recreational vehicles, modular homes or manufactured homes to bring a mobile home, recreational vehicle, modular home or manufactured home into Midway for location, set up and/or residential occupancy unless the permit required hereunder shall be displayed in the window next to the front door of said unit.

Intent. The provisions of this district are intended to apply to an area of low to medium density single-family residential development, and to areas of low intensity neighborhood commercial development. Permitted commercial uses are intended to serve the consumer needs of residential neighborhoods as well as the commercial needs of the motorist. Lot sizes and other restrictions are intended to reduce conflicts with adjacent residential uses and to minimize the interruption of traffic along thoroughfares.

A.

Principal uses and structures.

1.

One single-family dwelling.

2.

Retail stores, sales and display rooms (except automotive) and similar uses, including such as bakeries in which goods are produced and sold at retail upon the premises.

3.

Personal service establishments such as beauty and barber shops, laundry and dry cleaning pickup stations, tailor shops and similar uses.

4.

Professional offices, studios, clinics, laboratories, general offices and similar uses.

5.

Restaurants which do not sell alcoholic beverages.

6.

Financial institutions.

7.

Pharmacy, apothecary and optical services.

8.

Child care facilities and day care homes.

9.

Home occupations as defined in Section 2.09.

B.

Accessory uses and structures.

1.

Public parks and playgrounds.

2.

Sewer lift stations.

3.

Water towers.

4.

Houses of worship and associated buildings, including educational and recreational facilities.

5.

Mobile home parks which comply with the provisions of Section 2.03(I) below.

6.

Temporary subdivision sales office during active construction of a subdivision.

7.

Group homes and foster care facilities of up to eight (8) residents living within the facility, including professional staff.

8.

Commercial radio and television broadcasting transmitters, towers and antennae.

9.

Commercial recreation structures such as theaters, driving ranges, and bowling alleys.

10.

Retail automotive gasoline/fuel sales as an accessory use to convenience stores, subject to the following conditions:

a.

Access: Convenience stores selling gasoline/fuel shall be located on arterial roads or on corner lots at intersections of collector roads or roads of higher functional classification as identified in the Midway comprehensive plan. No driveway or point of access shall be permitted within one hundred feet of an intersection of collector roads or roads of higher functional classification.

b.

Minimum street frontage: One hundred fifty feet on each abutting street.

c.

Location of facilities: gasoline/fuel pumps and other service island equipment shall be set back at least 20 feet from all property lines, 15 feet from any building, and 100 feet from the nearest residentially zoned land. In addition, pumps and other service island equipment shall not interfere with the safe and orderly movement of traffic in parking and other vehicular use areas.

d.

Tank storage: Underground storage is required for all receptacle for combustible materials in excess of 200 gallons.

e.

Number of pumps: The maximum number of gasoline/fuel pumps allowed in this district is four.

11.

Electronic communication/transmission facilities, towers and exchanges.

12.

Veterinary hospitals and clinics providing the following conditions are met:

a.

All areas used for boarding or temporary housing of animals shall be completely enclosed unless appropriate safeguards are constructed to control objectionable odors and/or noises.

b.

Any area used for boarding or temporary housing of animals shall be buffered from all adjacent properties by an opaque visual and aural screen.

13.

Service stations and car wash establishments, subject to the following provisions:

a.

Minimum lot size: 10,000 square feet.

b.

Minimum floor area: 300 square feet, exclusive of interior servicing area.

c.

Height: 25 feet.

d.

Tank storage: underground storage required for all receptacles for combustible materials in excess of 200 gallons.

e.

An opaque visual screen meeting the specifications of section (Reserved), landscaping requirements, shall be provided along the rear and the length of the sides of the site.

14.

Automotive repair shops, subject to the following restrictions:

a.

Minimum lot size: 10,000 square feet.

b.

Minimum floor area: 300 square feet exclusive of interior servicing area.

c.

Height: 25 feet.

d.

An opaque visual screen meeting the specifications of section (Reserved), landscaping requirements, shall be provided along the rear and the length of the sides of the site.

e.

There shall be no storage of junked or wrecked vehicles other than temporary storage for those awaiting repair. Such temporary storage shall be in an enclosed area and the vehicles shall not be visible from outside the property.

15.

Restaurants or restaurant/lounges which sell alcoholic beverages, provided that the sale of said beverages comprises less than 25 percent of the gross receipts.

16.

Any other use in keeping with the residential or neighborhood commercial intent of this district.

C.

Reserved.

D.

Prohibited uses and structures.

1.

Automotive sales and display.

2.

Manufacturing activities, transportation terminals, storage, warehousing and other activities of a similar nature.

3.

Bars, cocktail lounges, nightclubs, bottle clubs and dance halls.

4.

All other uses not specifically or provisionally permitted herein.

E.

Bulk regulations for residential single-family dwelling development.

F.

Minimum setback requirements for residential single-family dwelling development.

1.

From public roads: 35 feet from dedicated or maintained public rights-of-way or a minimum of 65 feet from center line, whichever is greater.

2.

From private roads: at least 45 feet from the edge of privately maintained roads or a minimum of: 75 feet from the center line, whichever is greater.

3.

Ten feet from one side property line.

4.

15 feet from one side property line.

5.

Ten feet from rear property line.

6.

For corner lots, the setback shall be 35 feet from the front property line and 20 feet from the other abutting street.

G.

Bulk regulations for commercial development.

H.

Minimum setback requirements for commercial development.

1.

From public roads: 50 feet from dedicated or maintained public rights-of-way or a minimum of 80 feet from center line, whichever is greater.

2.

From private roads: 50 feet from the edge of privately maintained roads or 80 feet from the centerline, whichever is greater.

3.

20 feet from sides and rear property lines.

I.

Land use regulations for mobile home parks.

1.

Minimum site area for a mobile home park is one acre.

2.

Requirements for mobile home park site dimensions:

a.

Minimum lot width: 100 feet.

b.

Minimum lot depth: 150 feet.

3.

Setbacks:

a.

From public roads: 35 feet from dedicated or maintained public rights-of-way or a minimum of 65 feet from center line, whichever is greater.

b.

From private roads: at least 45 feet from the edge of privately maintained roads or a minimum of 75 feet from the center line, whichever is greater.

c.

10 feet from one side property line.

d.

15 feet from one side property line.

e.

10 feet from rear property line.

f.

For corner lots, the setback shall be 35 feet from the front property line and 20 feet from the other abutting street.

4.

Minimum distance between structures: 20 feet.

5.

Minimum distance between driveway or parking spaces and mobile home: Ten feet.

6.

Minimum living area: 600 square feet.

7.

Driveways and parking areas: Driveways and parking areas shall be graveled or paved.

8.

Open space requirement: 25 percent of the mobile home park site shall be left in open space. Landscaping of open space shall be required as specified in Section (Reserved) Landscaping Requirements.

9.

Parking space requirement: two parking spaces per mobile home shall be required. Parking spaces shall measure ten feet by 20 feet in area.

10.

Maximum building height: 35 feet.

11.

Steps: Each mobile home shall have steps as required by the Gadsden County building department. Steps shall be located at the entrance of each mobile home to ensure safe entrance and exit of the mobile home.

12.

Foundation and anchorage: all mobile homes shall be located on a masonry foundation and securely anchored and tied down according to the requirements of F.S. § 320.8325.

13.

Skirting and removal of wheels: Within 60 days of permit issuance, all mobile homes shall have skirting or shrubs which completely obscure the underside of the unit. All wheels shall be removed from mobile homes.

14.

Roof pitch: Mobile homes shall have a roof pitch of not less than 2:12.

15.

Mobile homes shall measure at least ten feet in width, including attached additions.

16.

Mobile homes must meet the following codes:

a.

American National Standard Institute (ANSI Code).

b.

Federal Mobile Home Construction and Safety Standards, dated June 16, 1976.

c.

Housing and Urban Development (HUD Code) established under the Housing and Community Development Act of 1980.

d.

The minimum housing code of Gadsden County.

17.

Mobile homes must meet the following requirements:

a.

The unit is clean and is in sound condition.

b.

All windows are operable and screened with no broken panes.

c.

All plumbing works properly with no leaks.

d.

All electrical systems are in proper working order and contain no aluminum wire less than #8.

e.

All heating equipment is in proper working order.

f.

At least one set of steps is connected to the unit with handrails if required.

g.

All ceiling fans are at least seven feet.

h.

All doors and hardware work properly.

i.

There is no pest or vermin infestation in the unit.

j.

Properly working washing machine connections are in place.

18.

Any person or entity bringing a mobile home, recreation vehicle, modular home or manufactured home into Midway, or causing the same to be brought into Midway, and any person setting up or causing to be set up in the unincorporated areas of Midway, any mobile home, recreational vehicle, manufactured home or modular home shall have a copy of the permit issued pursuant to this ordinance in the window next to the front door of said unit.

19.

Prior to the issuance of a permit as required by this ordinance, all used mobile homes must be inspected and approved by the Gadsden growth management director or his agent and must meet the standards set forth herein.

20.

It shall be unlawful for electrical services to be connected to any mobile home, recreational vehicle or modular home until a permit as required herein shall have been issued by the building official of his agent, and proper approvals have been obtained for the sewage disposal system and potable water system.

21.

It shall be unlawful for any dealer or transporter of mobile homes, recreational vehicles, modular homes or manufactured homes to bring a mobile home, recreational vehicle, modular home or manufactured home into Midway for location, set up and/or residential occupancy unless the permit required hereunder shall be displayed in the window next to the front door of said unit.

Intent. The provisions of this district are intended to apply to the commercial business areas located adjacent to the main highway approach to the city. The types of uses permitted and restrictions are intended to serve the needs of both the motorist and Midway residents, and provide an amenable impression of the City. Large lot sizes and other restrictions are intended to minimize frequent ingress and egress to the highway from abutting uses, thereby allowing the thoroughfare to serve its primary function of carrying an uninterrupted flow of traffic.

A.

Principal uses and structures. The following uses and structures are permitted for any use or group of uses that are developed, either separately or as a unit, with certain site improvements shared in common.

1.

Retail stores, sales and display rooms, and similar uses, including places in which goods are produced and sold at retail upon the premises.

2.

Personal service establishments such as florist shops, beauty and barbershops, laundry and dry-cleaning pickup stations, tailor shops and similar uses.

3.

Professional offices, studios, clinics, laboratories, general officers, business schools and similar uses.

4.

Restaurants which do not sell alcoholic beverages.

5.

Single-family residences as regulated under the R2 Residential District.

6.

Financial institutions.

7.

Pharmacy, apothecary and optical services.

8.

Commercial recreation facilities such as theaters, driving ranges, bowling alleys, and similar uses.

9.

Research, design and development activities and accessory laboratories:

a.

Where the operation does not involve operation of heavy machinery or equipment; creation of noise, fumes, dirt; or damage to or interference with properties.

b.

Where all work is done within the building.

c.

Where no product is manufactured except purely incidental results of such research, design and development activities, for the purpose of these activities only and not for sale.

10.

Hotels and motels except there shall be no more than 40 units per gross acre. The minimum living area per dwelling unit shall be 300 square feet.

11.

Plant nurseries and greenhouses.

12.

Public and private clubs and lodges.

13.

Alcoholic beverage vendors provided that the place of business for selling, serving or dispensing alcoholic beverages is located a minimum of 1,000 feet from any house of worship, school, or publicly owned and operated playground.

14.

Retail automotive gasoline/fuel sales as an accessory use to convenience stores, subject to the following conditions:

a.

Access: Convenience stores selling gasoline/fuel shall be located on arterial roads or on corner lots at intersections of collector roads or roads of higher functional classification as identified in the Midway comprehensive plan. No driveway or point of access shall be permitted within one hundred feet of an intersection of collector roads or roads of higher functional classification.

b.

Minimum street frontage: 150 feet on each abutting street.

c.

Location of facilities: gasoline/fuel pumps and other service island equipment shall be set back at least 20 feet from all property lines, 15 feet from any building, and 100 feet from the nearest residentially zoned land. In addition, pumps and other service island equipment shall not interfere with the safe and orderly movement of traffic in parking and other vehicular use areas.

d.

Tank storage: underground storage is required for all receptacles for combustible materials in excess of 200 gallons.

e.

Number of pumps: the maximum number of gasoline/fuel pumps allowed in this district is four.

15.

Automotive repair shops subject to the following restrictions:

a.

Minimum lot size: 10,000 square feet.

b.

Minimum floor area: 300 square feet exclusive of interior servicing area.

c.

Height: 25 feet.

d.

An opaque visual screen meeting the specifications of section (Reserved), landscaping requirements, shall be provided along the rear and the length of the sides of the site.

e.

There shall be no storage of junked or wrecked vehicles other than temporary storage for those awaiting repair. Such temporary storage shall be in an enclosed area and the vehicles shall not be visible from outside the property.

f.

Setback requirements shall be those specified under 2.3(H).

16.

Houses of worship.

B.

Accessory uses and structures.

1.

Customary accessory uses clearly incidental and subordinate to the principal uses and in keeping with the intent of the district.

C.

Special exceptions.

1.

New and used motor vehicles and agricultural equipment sales, major recreational equipment and mobile home sales or rentals with accessory uses; subject to the following restrictions:

a.

All outside areas where merchandise is displayed shall be surfaced with concrete, asphalt, gravel, pavers, or other suitable materials. Driveways and other areas of high vehicular traffic shall be paved with asphalt, concrete or other impervious material.

b.

All servicing and repair facilities except gasoline pumps shall be located in an enclosed structure.

c.

There shall be no storage of junked or wrecked vehicles other than temporary storage for those awaiting repair. Such temporary storage shall be in an enclosed area and the vehicles shall not be visible from outside the property.

d.

Ingress and egress points shall be placed so as to cause minimum interference with the movement of vehicular traffic or with pedestrian traffic on public sidewalks.

2.

Veterinary hospitals and clinics providing the following conditions are met:

a.

All areas used for boarding or temporary housing of animals shall be completely enclosed unless appropriate safeguards are constructed to control objectionable odors and/or noises.

b.

Any area used for boarding or temporary housing of animals shall be buffered from all adjacent properties by an opaque visual and aural screen.

3.

Service stations, subject to the restrictions in Section 2.03.

4.

Electronic communication/transmission facilities, towers and exchanges.

5.

Restaurants or restaurant/lounges which sell alcoholic beverages, provided that the sale of said beverages comprises less than 25 percent of the gross receipts.

6.

Television dish receivers and antennae as regulated by Section 2.09.

7.

Cocktail lounges, bars and nightclubs.

D.

Prohibited uses and structures.

1.

All other uses not specifically or provisionally permitted herein.

E.

Bulk regulations.

F.

Minimum setback requirements.

1.

From public roads: 50 feet from dedicated or maintained public rights-of-way or a minimum of 80 feet from centerline, whichever is greater.

2.

From private roads: 50 feet from the edge of privately maintained roads, or 80 feet from the centerline, whichever is greater.

3.

20 feet from sides and rear property lines.

Intent. The provisions of this district are intended to apply to an area located in close proximity to transportation facilities and which can serve the industrial and related functions of the City and region. Restrictions herein are intended to minimize adverse influences of the industrial activities on nearby nonindustrial areas and to eliminate unnecessary industrial traffic through nonindustrial areas.

A.

Principal uses and structures. The following uses and structures are permitted for any use or group of uses that are developed, either separately or as a unit, with certain site improvements shared in common:

1.

All commercial uses allowed in the R2 and CBD commercial districts except child care facilities, family day care homes, and other uses specifically prohibited.

2.

Warehousing and wholesaling in enclosed structures, enclosed refrigerated storage.

3.

Service and repair establishments, dry cleaning and laundry plants, business services, printing plants, welding shops, taxidermists and similar uses.

4.

Building materials supply and storage, contractor's storage yard, except scrap materials. Outside storage areas shall be effectively screened on all sides to avoid any deleterious effect on adjacent properties.

5.

Automotive, major recreational equipment and mobile home sales, marine sales, storage and repair establishments such as body shops, tire recapping, paint shops and the like.

6.

Freight-handling facilities, transportation terminals.

7.

Vocational and trade schools, including those of an industrial nature.

8.

Veterinary hospitals and clinics.

9.

Commercial radio and television broadcasting transmitters, towers and antennae.

10.

Industrial uses, such as the manufacturing, processing and assembly of various items, which include precision manufacturing, electrical machinery, instrumentation, bottling plants, dairy products, plants, fruit packing and similar uses.

11.

Television dish receivers and antennae as regulated by Section 2.09.

12.

Electronic communications/transmission facilities, towers and exchanges.

13.

Service stations, subject to the restrictions is Section 2.03.

14.

Retail automotive/gasoline fuel sales as regulated in Section 2.04, Commercial Business District.

B.

Accessory uses and structures.

1.

Customary accessory uses clearly incidental and subordinate to the principal use and in keeping with the industrial character of the district.

C.

Special exceptions.

1.

Sewer lift stations.

2.

Security mobile home or facility located upon public or private property.

D.

Prohibited uses and structures.

1.

All uses not specifically or provisionally permitted herein.

E.

Bulk regulations.

F.

Minimum setback requirements.

1.

From public roads: 50 feet from dedicated or maintained public rights-of-way or a minimum of 80 feet from centerline, whichever is greater.

2.

From private roads: 50 feet from the edge of privately maintained roads, or 80 feet from the centerline, whichever is greater.

3.

20 feet from sides and rear property lines.

4.

Landscaping, screening and buffering shall be required pursuant to the provisions in Section (Reserved), Landscaping.

Intent. The provisions of this district are intended to apply to an area in which agricultural and silvicultural activities occur. These areas shall be protected for the continuation or establishment of agricultural activities.

A.

Principal uses and structures.

1.

Single-family homes.

2.

Buildings, barns, sheds and pens related to agricultural and silvicultural activities.

3.

Home occupations as defined in Section 2.09.

B.

Accessory uses and structures.

1.

Customary accessory uses clearly incidental and subordinate to the principal uses and in keeping with the agricultural and silvicultural character of the district.

C.

Special exceptions.

1.

Sewer lift stations.

2.

Houses of worship and associated buildings, including educational and recreational facilities.

3.

Security mobile home or facility located upon public or private property.

4.

Veterinary hospitals and clinics providing the following conditions are met:

a.

All areas used for boarding or temporary housing of animals shall be completely enclosed unless appropriate safeguards are constructed to control objectionable odors and/or noise.

b.

Any area used for boarding or temporary housing of animals shall be buffered from all adjacent property by an opaque visual and aural screen.

5.

Television dish receivers and antennae as regulated in Section 2.09.

6.

Water towers.

D.

Prohibited uses and structures.

1.

All uses not specifically or provisionally permitted herein.

E.

Bulk regulations.

F.

Minimum setback requirements.

1.

From public roads: 35 feet from dedicated or maintained public rights-of-way or a minimum of 65 feet from centerline, whichever is greater.

2.

From private roads: at least 45 feet from the edge of privately maintained roads or a minimum of 75 feet from the centerline, whichever is greater.

3.

10 feet from one side property line.

4.

15 feet from one side property line.

5.

10 feet from rear property line.

6.

For corner lots, the setback shall be 35 feet from the front property line and 20 feet from the other abutting street.

G.

Additional restrictions for agricultural uses.

1.

Noxious odors resulting from agricultural and farming activities shall be controlled under these provisions. Pens, barns and other structures for the keeping of livestock shall be constructed to facilitate cleaning of the structure on a regular basis. Pig pens shall contain wallow holes and concrete slabs which shall be cleaned on a regular basis in order to reduce noxious odors.

Intent. The purpose of this district is to provide a conservation district which protects environmental resources while allowing limited residential development and silvicultural activities.

A.

Principal uses and structures.

1.

Passive recreation.

2.

Single-family homes.

3.

Buildings related to silvicultural activities.

4.

Home occupations as defined in Section 2.09.

B.

Accessory uses and structures.

1.

Customary accessory uses clearly incidental and subordinate to the principal uses and in keeping with the silvicultural character of the district.

C.

Special exceptions.

1.

Sewer lift stations.

2.

Houses of worship and associated buildings, including educational and recreational facilities.

3.

Security mobile home or facility located upon public or private property.

4.

Television dish receivers and antennae as regulated in Section 2.09.

D.

Prohibited uses and structures.

1.

All uses not specifically or provisionally permitted herein.

E.

Bulk regulations.

F.

Minimum setback requirements.

1.

From public roads: 35 feet from dedicated or maintained rights-of-way or a minimum of 65 feet from the centerline, whichever is greater. From private roads: at least 45 feet from the edge of privately maintained roads or a minimum of 75 feet from the centerline, whichever is greater.

2.

10 feet from one side property line.

3.

15 feet from one side property line.

4.

Ten feet from rear property line.

5.

For corner lots, the setback shall be 35 feet from the front property line and 20 feet from the other abutting street.

G.

Additional land use regulations for the A2 District.

1.

The management of mature upland forests in the A2 District consisting of pinelands and hardwoods exceeding 60 years of age, shall include the following:

a.

Avoid large block clear cutting.

b.

Protect wildlife habitat by minimizing impacts to stumps, snags, dens and burrows.

c.

Minimize soil disturbances such as roller chopping and burning.

d.

Establish mature open stands via selective stock rotation and stocking.

2.

The management of forested wetlands in the A2 district consisting of cypress, hardwood swamps and bottomland hardwoods shall include the following:

a.

Maintain the wetland community and its attendant wildlife, vegetative and hydrological characteristics;

b.

Use small clear cuts in a manner which protects plant species diversity;

c.

Restrict earth moving and ditching;

d.

Encourage the restoration of degraded or disturbed wetlands;

e.

Allow silviculture activities only during the dry season when there is no surface water onsite; and

f.

Prohibit silviculture activities in wetlands that would result in the conversion of the existing wetlands, either directly or indirectly, to an upland system or other wetland type.

3.

The provisions of Section 2.08(G)(1) and (2) shall be enforced through the office of the County Forester.

4.

Cluster development shall be allowed in the A2 district, subject to the provisions contained under Section (Reserved), Hardship Relief.

A.

Purpose of creation of zoning district. The purpose of the creation of the Interchange Commercial Zoning District is to implement a new zoning category which will be consistent with amendments to the City of Midway, Florida, comprehensive plan update and the land use element of the comprehensive plan.

B.

District Intent. The intent of the Interchange Commercial Zoning District is to provide a realistic zoning category which will attract clean light industry and commercial development in an orderly fashion around the intersection of I-10 and US 90 in Midway.

The Interchange Commercial District is intended to promote economic opportunities which are supported by an economic base larger than Midway, Leon County and Gadsden County in which a mixture of hotels, motels, restaurants, retail shopping uses, offices, light manufacturing, processing, storage, community and recreational facilities are permitted. The Interchange Commercial District may be located adjacent to the I-10/US 90 Interchange in the areas designated IC. Interchange Commercial in the comprehensive plan. The district is intended to encourage significant investment in property improvements and provide a concentration of economic activity. The minimum lot size in the district is one acre.

The district is not intended to accommodate heavy industrial operations nor to accommodate residential development which would limit the ability of the district to attain its economic potential, unless such residential development is part of a commercial development, such as, for example, designed as the top floors of a commercial building. Operations considered "heavy industry" shall not be permitted. Operations within the district may have minor daytime offsite impacts that will have little effect on neighboring sites. Light industrial uses are those that do not require the emission of any substances in the environment, which does not include wastewater omissions which are properly permitted and operating.

The district is intended for intensive uses which benefit from locations adjacent to or near the I-10/US 90 interchange and which will facilitate commercial activity directly related to through traffic on I-10/US 90.

The Interchange Commercial District establishes minimum and maximum development criteria and design criteria which are intended to prevent underachievement of economic development objectives and to assure high quality development.

It is further the intent of the City of Midway to recognize that portions of the Gadsden Station Development of Regional Impact may be contained in the Interchange Commercial Zoning District and the City will recognize and maintain consistency of land uses and activities within the DRI Development Order in those areas.

C.

Principal uses.

1.

Motels and hotels.

2.

Office uses.

3.

Automotive service and repair, including car wash as part of a shopping center, in conjunction with a motel or hotel.

4.

Shopping centers and retail uses as part of a shopping center, including grocery stores, supermarkets, specialty food stores, bakeries and drug stores.

5.

Broadcasting studios.

6.

Communications and utilities.

7.

Community services, including libraries, vocational schools and police/fire stations. Elementary, middle, or high schools are prohibited. Other community services may be allowed.

8.

Services or operations provided by a community college, college or university.

9.

General contractors.

10.

Local and suburban transit and interurban highway passenger transportation.

11.

Retail trade including building materials, hardware, and garden supply, apparel and accessory stores.

12.

Retail trade, including take out and sit down restaurants and restaurants with outdoor seating.

13.

Finance, insurance and real estate including banking and credit unions with or without drive-up facilities.

14.

Warehouses and distribution facilities.

15.

Commercial recreation and entertainment uses.

16.

Laboratories, research and development activities.

17.

Manufacturing (consistent with the definition of light industrial, having a low level of impact to the natural and the built environment).

18.

Off-street parking facilities.

19.

Passive and active recreational activities.

20.

Printing and publishing.

21.

Repair services, non-automotive.

22.

Transportation and freight handling activities.

23.

Auto or equipment sales lots.

24.

Wholesale trade including durable and nondurable goods.

25.

Service businesses, including blueprinting, catering, tailoring, travel agencies, upholstery shops, laundries and dry cleaners (pickup and delivery only).

26.

Gasoline stations including truck stops.

27.

Building supply, including retail sales of lumber, agricultural supplies and machinery sales.

28.

Other uses which are of a similar and compatible nature to those uses described above, however, no use which may be construed under either SIC or NAICS codes as "heavy industry" shall be allowed under any condition.

D.

Accessory uses.

1.

A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure and which comprises no more than 33 percent of the floor area or cubic volume of the principal use or structure, as determined by the growth management director. The 33 percent limitation does not apply to outdoor storage that is accessory to a permitted principal use.

2.

Light infrastructure and/or utility services and facilities necessary to serve permitted uses, as determined by the growth management director.

3.

Residential use (intended for watchman or guard not to exceed 1 dwelling unit per industrial use).

4.

Telecommunications Towers in accordance with City of Midway Code of Ordinances.

DEVELOPMENT STANDARDS FOR INTERCHANGE COMMERCIAL ZONING DISTRICT

General notes:

1.

If central sanitary sewer is not available, residential development is limited to a minimum of 0.50 acre lots and nonresidential development is limited to a maximum of 2,500 square feet of building area. Community service facilities are limited to a maximum of 5,000 square feet of building area or a 500 gallon septic tank.

2.

Refer to other parts of the code and comprehensive plan for information pertaining to the regulation of environmental features.

3.

Stormwater retention areas may be placed within the setback areas. Refer to other parts of the code and comprehensive plan for information pertaining to the regulation of environmental features and stormwater management requirements.

4.

Setbacks shall be measured from the property line to the vertical wall of the building.

5.

*For purposes of "no height limits," it must be a habited structure.

6.

Triangular or odd shaped lots are recognized as unique with respect to setback regulations, and site plans will be dealt with on a case-by-case basis between the developer and the growth management director.

Urban design criteria: Development within the Interchange Commercial District shall be consistent with design criteria of the property owners and board of the district, with the following additions:

a.

All building elevations which may be viewed from a public street shall be finished in brick, stucco, glass curtain wall, architectural concrete, textured block, textured block, or other appropriate siding. All building elevations which may be viewed from a public street shall have a uniform appearance consistent with the front building elevation.

b.

All buildings shall screen utility connections, roof top equipment and meter locations with materials found on the building exterior or with evergreen landscaping.

c.

All buildings shall screen trash collection/storage areas with materials found on the exterior of the building.

d.

All delivery truck docks shall provide a screen of sufficient height and length to screen loading and unloading areas.

e.

A delivery truck door located in the front of the building shall be designed in such a fashion so as to aesthetically compliment the remaining elevation of the building.

Signage: Signage in the Interchange Commercial District shall meet the following criteria:

a.

Each development within the District shall establish a uniform sign design for all signs.

b.

All wall signs shall be internally illuminated individual letters or an internally illuminated logo not exceeding 80 square feet in area. No other wall signs are permitted. Signs composed solely of upper case letters shall not exceed 36 inches in height. Signs composed of upper and lower case letters shall not exceed 45 inches in heights including the decender.

c.

No roof signs are permitted.

d.

Billboards in conformance with DOT regulations shall be permitted, but advertising shall be limited to businesses located within the Interchange Commercial Zoning District or no more than two Interstate exits away from Interchange #192. The approach side of the billboard must advertise a business within the Interchange Commercial Zoning District.

e.

One free standing sign per public street frontage per site is permitted. Free standing signs shall be constructed with a base using material found on the principal structure or other aesthetically pleasing material. Free standing signs shall not exceed 400 square feet in area per sign face nor have more than two faces nor exceed 50 feet in height.

f.

Temporary signs, not to exceed 30 days of display per calendar year are permitted, except for "for sale" and "for lease" signs which are not subject to this limitation.

E.

Land uses not allowed. The following list of uses shall not be considered to be a permitted use, a conditional use, an accessory use, a support use, or ancillary use, nor shall these uses be allowed by virtue of variance or waiver in the Interchange Commercial Zoning District. This list is not intended to be all-inclusive and does not include each and every use which is considered to be a heavy industrial use.

1.

Asphalt plants.

2.

Landfills, garbage transfer stations.

3.

Industrial effluent injection wells.

4.

Plating plants.

5.

Stripping vats.

6.

Food irradiation plants.

7.

Hazardous waste storage, processing or transportation facilities.

8.

Incinerators.

9.

Cement batch plants (one cement plants is "grandfathered" and will adhere to normal "grandfather" clauses contained in ordinary usage in the Midway City Code).

10.

Automobile or heavy equipment junkyards.

11.

Fiberglass manufacturing plants.

12.

Boilers fueled by anything other than natural gas or #2 fuel oil.

13.

Bulk fuel storage facilities.

14.

Petroleum pipelines.

15.

Bulk chemical storage or processing facilities.

16.

Citrus, meat or animal processing, slaughterhouse or the keeping of livestock for any purpose.

17.

Crematorium.

18.

Blast furnaces.

19.

Smelting plants.

20.

Pickling plants (wood or metal).

21.

Battery manufacturing facilities.

22.

Refineries.

23.

Waste tire storage or processing facilities.

24.

Medical waste storage, processing or transportation facilities.

25.

Natural gas storage or pumping station.

26.

Drag strips or any type of racing facility.

27.

Manufacturing of any type of fertilizer or other agricultural chemical, organic chemical, explosives or other type of chemical.

28.

Leather tanning.

29.

Utilities, including, but not limited to, power plants.

30.

Sawmills and planning mills.

31.

Any other heavy industrial use as defined in SIC or NAICS codes.

F.

Streets and roads. All internal streets and roads shall be built according to Florida DOT specifications with a minimum of 50 feet of right-of-way, if the roads will be dedicated City rights-of-way. One year after completion of the project and provided that the roads are built according to Florida DOT specifications, the property owners may petition the City council to take over responsibility for maintenance and upkeep of the roads by dedication as public rights-of-way.

G.

Parking and parking spaces. Parking and the number of parking spaces shall be in accordance with the Florida Uniform Building Code regulations and Midway Land Development Regulations.

H.

Florida Uniform Building Code. All development and buildings are subject to Florida Uniform Building Codes.

I.

Public dedication of land or fee in lieu of dedication. Section 3.03.15 of the City of Midway land use regulations requires the subdivider of a parcel of land to dedicate a minimum of ten percent of the gross area of gross land area to the City to be dedicated for public use for conservation or passive recreational use, however, in the Interchange Commercial Zoning District, a developer may pay a fee in lieu of dedicating land for public use. Said fee shall be equal to 10 percent of the value of the land. The fee in lieu of dedication of land for public use may be waived by the City Council.

J.

Zoning map to be amended. The City's zoning atlas and zoning map shall be amended to include the areas to be included in the Interchange Commercial Zoning Category.

K.

Implementation. Since the intent of the Interchange Commercial Zoning District is to provide a realistic zoning category that will attract clean industry and commercial development in an orderly fashion around the intersection of I-10 and US 90 in Midway, the City will develop an orderly process to streamline the permitting process for commercial businesses and clean light industrial uses that wish to locate or relocate into the City. To that end, the Interchange Commercial Zoning District will be reviewed as a whole by the planning and zoning board and the City council in one comprehensive review. To achieve the goal of providing a streamlined process, an owner or developer will not be required to go through the planning and zoning board and City council for a conceptual review or site plan review on an individual basis, unless an individual property owner opts out of the one-time comprehensive review, but will be required to meet all required codes as part of the Growth Management Department's site review process as development is ready to occur. For the purposes of this Ordinance, "all required codes" shall mean all City land development regulations regulating the IC Interchange Commercial Zoning District, all Florida Uniform Building Codes, and all other agency permitting requirements. Under normal circumstances the charge for a conceptual review is $500.00 to cover administrative costs, the costs of advertising for planning and zoning board and City council review. The fee for the one-time conceptual review of property located in the Interchange Commercial Zoning District shall be $50.00 per acre which is due and payable by all property owners prior to the review as a whole regardless of whether the property is ready to be developed or not. In addition to assuring proper legal advertisement, the City of Midway shall obligate sufficient money from the one-time conceptual review fee to pay for the update of the City of Midway comprehensive plan, appropriate Zoning Codes, and Land Development Regulations.

L.

Development Regulations. The City of Midway developmental regulations shall apply; however, they shall be modified to meet the intent of the Interchange Commercial Zoning District in the event there are any conflicts. Within the DRI, should any of the owners wish to annex into the City at a future date, the developmental regulations shall be modified in order to maintain the consistency of land uses and activities in that area. To the extent the City must adopt either and/or both the Gadsden County comprehensive plan land uses or the Gadsden County land development regulations upon annexation of any land, those land uses and regulations shall apply until such time as the City has adopted an amendment to the City comprehensive plan, land use map, and land development regulations.

M.

Other permitting requirements. This ordinance relates to zoning and procedures for the City of Midway, Florida, and is not intended to abrogate the authority any other governmental agency requiring permits.

N.

Platting and replatting of lands. Any platting or replatting of lands by property owners shall be in accordance with F.S. ch. 177.

(Ord. No. 2004-17, § 1, 10-7-2004)

Intent. The purpose of this section is to ensure that developments are compatible and harmonious with surrounding and adjacent areas and uses. The restrictions and standards contained herein are intended to reduce the negative externalities and protect public health and safety.

A.

Home occupations. Home occupations may be allowed in residential districts where specified as a special exception under the following conditions:

1.

No persons other than members of the family residing on the premises shall be engaged in such operation. Group instruction, assembly or activity of more than 4 persons shall be prohibited.

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.

3.

There shall be no change in the outside appearance of the building or premises. Limited signage shall be allowed subject to the restrictions in Section (reserved), signage regulation.

4.

A home occupation may be conducted in an accessory building provided that the total area used for the home occupation does not exceed 25 percent of the total area used for the dwelling and accessory buildings.

5.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood. Parking spaces required to accommodate the home occupation shall be located onsite, but not located in any required setback areas except as provided herein.

6.

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

B.

Television dish receivers and antennae.

1.

Residential requirements.

a.

Maximum diameter of dish: 15 feet.

b.

Maximum height of dish: 20 feet.

c.

The dish receiver shall meet setback requirements as regulated under the RE, R1, R2, CBD, M1, M2, A1 and A2 zoning categories.

d.

Said dish receiver or antenna may not be mounted on the roof of the principal structure, and must be detached from the principal structure.

e.

Said dish receiver or antenna must be capable of being place in a "stowed position." It must be able to withstand winds of 90 miles per hour as regulated in the 1991 Southern Standard Building Code, Section 1205, Basic Wind Load Pressures and Pounds per Square Foot, as periodically amended.

f.

For mobile home parks, there shall be a limitation of one dish receiver or antenna per park. A site plan which identifies the location of the dish shall be submitted with the application for a special exception.

g.

There shall be a limitation of one television dish/antenna per lot for single-family residential districts.

2.

Commercial requirements.

a.

The dish receiver or antennae may be mounted on the principal structure. Prior to the issuance of a building permit, three complete, certified drawings of the proposed location must be submitted by a licensed state of Florida engineer to the planning department for construction review. Ground mounts shall adhere to all setback requirements. No parking spaces shall be eliminated by the installation of any dish receiver and/or antennae.

b.

Said dish receiver or antenna must be capable of being placed in a "stowed position." It must be able to withstand winds of 90 miles per hour as regulated in the Florida building code as amended.

c.

If in the judgement of the planning department the proposed location is deemed hazardous or creates an unsafe condition, the planning department shall have the authority to reject such location.

C.

Regulation of nonconforming development.

1.

Existing nonconforming development.

a.

Definition: nonconforming development is development that does not conform to the use regulations in Article II and/or the development design and improvement standards in Article (Reserved).

2.

Continuation of nonconforming development.

a.

Subject to the provisions below for terminating nonconforming development, such development may, if otherwise lawful and in existence on the date of enactment of this Code, remain in use in its nonconforming state.

3.

Termination of nonconforming development.

a.

Generally. Nonconforming development must be brought into full compliance with the use regulations in Article II of this Code and the development design and improvement standards in Article (Reserved) in conjunction with the following activities:

1.

The gross floor area of the development is expanded by more than ten percent, or more than four thousand square feet, whichever is less. Repeated expansions of a development, constructed over any period of time commencing with the effective date of this Code, shall be combined in determining whether this threshold has been reached.

2.

Reconstruction of a principal structure after the structure has been substantially destroyed by fire or other calamity. A structure is "substantially destroyed" if the cost of reconstruction is 50 percent or more of the fair market value of the structure before the calamity. If there are multiple principal structures on a site, the cost of reconstruction shall be compared to the combined fair market value of all the structures.

3.

Abandonment if the nonconforming development for a period of one hundred eighty (180) or more consecutive days.

A.

Generally. Fees are charged to cover the costs of administering applications for site plan approval, zoning changes, variances, special exceptions, appeals, etc. Applicants for variances from or amendments to this ordinance or for a special exception, shall file a written request therefor and the applicant shall be required to pay the following fee at the time of filing such application. Application for site plan approval:

(1)

Less than three acres .....$100.00

(2)

Three—ten acres ..... 250.00

(3)

Above ten acres ..... 500.00

(4)

Application of zoning change ..... 300.00

(5)

Comprehensive plan amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500.00—$1,500.00

(6)

Platting .....$500.00

(7)

Vacation of right-of-way. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00—$250.00

(8)

Application for variance .....$ 75.00

(9)

Special exception .....  75.00

(10)

Appeal of administrative decision .....  75.00

(11)

Driveway permit .....  10.00

(12)

Application for septic tank inspection .....  10.00

(13)

Application for mobile home inspection .....  20.00

(14)

Application for building permit .....  10.00

Abutting - having a common border with, or being separated from such a common border by a right-of- way, alley, or easement.

Accessory structure - a subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure.

Accessory use - use incidental to, and on the same lot as, the principal use.

Alley - a public or private way permanently reserved as a secondary means of access to abutting property.

Antenna - wire or set of wires used in transmitting and receiving electromagnetic waves and including the supporting structure; includes, but is not limited to, amateur radio antennae, television antennae, and satellite receiving dishes.

Bed and breakfast - A house, or portion thereof, where short-term lodging rooms and meals are provided. The operator of the bed and breakfast shall live on the premises or in adjacent premises.

Berm - an earthen bank designed to direct stormwater.

Block - a piece or parcel of land entirely and immediately surrounded by streets or highways, watercourses, subdivision boundaries and/or rights-of-way or any combination thereof.

Buffer area - landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.

Building - Any structure designed or built for the support, enclosure, housing, shelter or protection of persons or animals.

Capacity, road - the amount of traffic that a given street or highway can carry during a specified time at a specified level of service.

Car wash - An area of land and/or a structure with machine or hand operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles.

Child care facility - any child care center or child care arrangement which provides child care for more than five children unrelated to the operator, for which the operator receives a payment, fee, or grant for any of the children receiving care wherever operated, whether or not operated for profit.

Clear cutting - the indiscriminate removal of trees, shrubs, or undergrowth. This definition shall not include the selective removal of non-native tree and shrub species when the soil is left relatively undisturbed; removal of dead trees; or normal mowing operations.

Cluster development - a development design technique that concentrates buildings in specific, developable areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.

Commercial use - an occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.

Community center - A place, structure, area, or other facility used for and providing religious, fraternal, social, and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.

Conservation area - environmentally sensitive and valuable land protected from any activity that would significantly alter its ecological integrity, balance, or character, except in cases of overriding public interest.

Convenience store - Any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.

Density - the number of dwelling units per acre.

Development - all structures and other modifications of the natural landscape above and below ground or water, on a particular site.

Dwelling - a building or portion thereof that provides living facilities for one or more families.

Easement - a grant of one or more of the property rights by the owner to, or for the use by, the public, a corporation, or another person or entity.

Family day care home - an occupied residence in which care is regularly provided for children and for which the day care provider receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit.

Farm - a parcel of land used for growing or raising agricultural products, including related structures thereon.

Garage, private - a building for the private use of the owner or occupant of a principal building situation on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.

Gas station - any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tuneups, lubrication, minor repairs, and carburetor cleaning are conducted. Gas stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted.

Group home - a facility which provides a living environment for unrelated residents who operate as the functional equivalent of a family, including such supervision and care as may be necessary to meet the physical, emotional and social needs of the residents. Adult congregate living facilities comparable in size to group homes are included in this definition. It shall not include rooming or boarding homes, clubs fraternities, sororities, monasteries or convents, hotels, residential treatment facilities, nursing homes, or emergency shelters.

Height - the vertical distance to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the average.

Historic district - an area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural, ethnic or artistic heritage of the community, of such significance as to warrant conservation and preservation.

Home occupation - an occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and, except for limited signage, does not alter the exterior of the property or affect the residential character of the neighborhood.

Hotel - a facility offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational activities.

House of worship - an institution that people regularly attend to participate in or hold religious services, meetings, and other activities.

Industry, heavy - a use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

Industry, light - a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

Junk - old, dilapidated, scrap or discarded metal, paper, building material and equipment, bottles, glass, appliance, furniture, beds and bedding, rags, rubber, motor vehicles and motor vehicle parts, or other waste that has been abandoned from its original use which may or may not be salvageable for reuse or recycling.

Junkyard - a parcel of land on which waste material or inoperative vehicles and other machinery are collected, stored, salvaged, or sold.

Kennel - an establishment licensed to operate a facility housing dogs, cats, or other household pets and where grooming, breeding, boarding, training or selling of animals is conducted as a business.

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

Living area - the sum of areas of the several floors of a building, including areas used for human occupancy, as measured from the exterior faces of the walls. It does not include cellars, basements, unenclosed porches, attics not used for human occupancy, or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles, or any such floor space intended and designed for accessory heating and ventilating equipment.

Lot - a parcel of land occupied, or intended to be occupied, by a building and its accessory buildings, or by group dwellings and their accessory buildings, together with such open spaces are required, having at least the minimum area required for a lot in the zone in which such lot is located and having its principal frontage on a public or private street, road or way.

Lot area - the total horizontal area within the lot lines of a lot.

Lot coverage - the area of a site covered by buildings, roofed areas, pavement and other impervious surfaces.

Lot depth - the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line.

Lot line - a line dividing one lot from another lot or from a street or alley.

Lot line, front - on an interior lot, the lot line abutting a street; or, on a through lot, the lot line abutting the street providing the primary access to the lot; or, on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.

Lot line, rear - the lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line.

Lot line, side - any lot line not a front or rear lot line.

Lot of record - a lot whose existence, location, and dimensions have been legally recorded or registered in a deed or on a plat.

Lot width - the horizontal distance between side lot lines, measured at the required front setback line.

Manufactured housing - a factory built, single-family structure that is manufactured under the authority of 42 USC 5401, the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame.

Mobile home - a transportable, factory built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

Mobile home park - a parcel of land under one deed that has been planned and improved for the placement of three or more mobile homes for dwelling purposes.

Motel - a building or group of buildings containing apartments and/or rooming units, each of which maintains a separate outside entrance. Such building or group of buildings is designed, intended, or used primarily for the accommodations of automobile travelers and provides automobile parking conveniently located on the premises.

Nonconforming building - any building that does not meet the limitations on building size, height, lot coverage, setback and location on a lot, for the zoning district in which such building is located.

Nonconforming lot - a lot which lawfully existed prior to the adoption, revision, or amendment of this ordinance, but which fails by reason of such adoption, revision or amendment to conform to the minimum area requirements of the zoning district in which it is located.

Nonconforming use - a nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the zoning district in which the property is located. This term also refers to the activity that constitutes the use made of the property.

Office - a building or portion of a building wherein services are performed involved predominantly administrative, professional, or clerical operations.

Open space - land used for passive or active recreation, resource protection, amenity, and/or buffers. In no event shall any existing or future right-of-way be counted as constituting open space. Parcel. a continuous quantity of land in the possession of or owned by, or recorded as the property of, the same person or persons.

Park - any public or private land available for recreational, educational, cultural, or aesthetic use.

Parking space - an unobstructed space or area other than a street or alley that is permanently reserved and maintained for the parking of one motor vehicle.

Plant nursery - Any land used to raise trees, shrubs, flowers, and other plants for sale or for transplanting.

Principal use - the main use of land or structures, as distinguished from a secondary or accessory use.

Research laboratory - a building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

Restaurant - an establishment that serves food and beverages primarily to persons seated within the building. This includes cafes, tea rooms and outdoor cafes.

Right-of-way - a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or other special use. The use of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct form the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for uses that will require maintenance by a public agency shall be dedicated to the public use.

Road, private - a way open to vehicular ingress and egress established as a separate tract for the benefit of certain adjacent properties. This definition shall not apply to driveways.

Road, public - all public property reserved or dedicated for street traffic.

Satellite dish antenna - a round, parabolic antenna intended to receive signals from orbiting satellites and other sources. Noncommercial dish antennae are defined as being less than four meters in diameter, which commercial dish antennae are usually those larger than four meters and typically used by broadcasting studios.

School - a facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, middle schools and high schools.

Screening - the method by which a view of one site from another adjacent site is shielded, concealed or hidden through the use of opaque materials. Screening techniques include fences, walls, hedges, berms or other features.

Service station - any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tuneups, lubrication, minor repairs, and carburetor cleaning are conducted. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted.

Setback - the required minimal horizontal distance between the building line and the related front, side, or rear property line.

Sign - a structure or device designed or intended to convey information to the public in written or pictorial form.

Site plan - a plan, prepared to scale, showing accurately and with complete dimensions, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land.

Special exception - a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to the number, area, location, or relation to the neighborhood, would not be detrimental to public health, safety, or general welfare.

Street - a public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified by the functions they perform.

Warehouse - a building used primarily for the storage of goods and materials.

Warehousing and distribution - a use engaged in storage, wholesale, and distribution of manufactured products, supplies and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.

Wetlands - lands where the soil or substrata are at least periodically saturated or covered with water.

Yard - a required open space located on a lot adjoining a lot line, containing only landscaping or other uses as provided by these zoning provisions.

Yard, front - A yard extending along the full width of the lot and lying between side lot lines and from the front lot line to the front building line in depth.

Yard, rear - a yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building. Rear yard depth shall be measured at right angles to the rear line of the lot.

Yard, side - a yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such front or rear yards, to the front or rear lot lines. Side yard width shall be measured at right angles to side lines of the lot.

Zone - a portion of the territory of the City, exclusive of streets, alleys and other public ways, within which certain uses of land, premises, and buildings are not permitted and within which certain yards and open spaces are required and certain height limits are established.