Minneola City Zoning Code

CHAPTER 106

DISTRICT REGULATIONS CONDITIONAL USES AND SPECIAL EXCEPTIONS1

Footnotes:

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Cross reference— Buildings and building regulations, ch. 14; code enforcement, ch. 26; environment, ch. 30; administration of land development code, ch. 86; district regulations, ch. 102.

Sec. 106-1.- Conditional uses.

(a)

Generally. Conditional uses shall be generally limited to those uses or combination of uses which, because of their uniqueness, are not specifically identified as permitted uses or special exception uses within any zoning district in this land development code.

(b)

Application procedure. Written application shall be made to the city for a conditional use in accordance with the procedures established for rezoning in chapter 98 of this land development code. In addition, the applicant shall provide the following information:

(1)

A conceptual plan showing buildings, parking and access locations, utility service points, proposed screening or buffering and any other information pertinent to the specific requested use of the site.

(2)

A written statement specifically addressing the requirements and criteria considered when reviewing applications as stated in the review criteria in this section.

(c)

Notification of public hearing. The requirements of this section are superseded by the requirements of F.S. § 166.041(2), or as amended, when applicable.

(1)

Adjoining owners. The city shall send notice per F.S. § 166.041, or as amended, of the proposed action to the owners of all adjoining properties located within 300 feet to the subject property, as well as to any owners of the subject property not party to the application, at least two weeks prior to the planning and zoning commission hearing on the proposed conditional use. The city shall mail an additional notice, at the applicant's expense, to the owners of all adjacent properties located within 300 feet of the subject property if more than 60 days have passed between the planning and zoning commission hearing at which the proposed action was considered and the meeting of the city council at which the proposed action was considered. Such additional notice shall be sent by certified mail to those property owners owning property directly adjacent to the subject property.

Additionally, the property owner or applicant shall conspicuously post the notice of the proposed action on the subject property so that the notice is visible from the right-of-way adjacent to the property at least two weeks prior to the planning and zoning commission hearing. A minimum of one sign shall be posted facing each adjacent right-of-way to the subject property. Said notice shall be at least 18 inches × 24 inches in size and shall be elevated approximately six feet off of the ground as measured from the top of the sign to the ground. Such notice shall include the date, time and place of the public hearings before the planning and zoning commission and the city council, along with a clear and concise description of the proposed action.

(2)

Public advertisement. Notice of public hearing shall be published in a newspaper of general circulation within the city at least ten days prior to the final city council meeting. Notice shall also be posted in a conspicuous location at the city hall, and may be posted at other public locations at the discretion of the city.

(d)

Procedure for public hearing. The following procedures are in addition to those required by state law:

(1)

Development review process. The DRP reviewers selected by the city manager or designee pursuant to the DRP shall review every application and make recommendations to the planning and zoning commission and the city council.

(2)

Planning and zoning commission action. The planning and zoning commission shall consider recommendations of the DRP reviewers for every application at a public hearing and make recommendations to the city council. In recommending the granting or denying of a conditional use permit, the planning and zoning commission shall make a finding which shall specify the rationale relied upon by the planning and zoning commission in rendering its decision and in attaching conditions and safeguards, and shall fully set forth wherein the facts and circumstances fulfill or fail to fulfill the requirements of this division. A copy of this report shall be filed with the city clerk and in the office of the city manager.

(3)

City council action. The city council shall consider the recommendations of the DRP reviewers and planning and zoning commission before taking action at the public hearing. However, if the planning and zoning commission fails to take action within 30 days of the conditional use's or special exception use's first consideration by that body, then the city council may take action based upon deemed recommendation or approval from the commission.

(e)

Conditional reviews. Any annual or conditional review that is required will be done by the planning and zoning commission.

(f)

General requirements and conditions.

(1)

Conditions and safeguards. In granting any conditional use, the city council may prescribe appropriate conditions and safeguards to ensure compliance with the requirements of this chapter and this land development code in general. Such conditions may include time limits for the initiation and duration of the conditional use, specific minimum or maximum limits to regular code requirements, or any other conditions reasonably related to the requirements and criteria of this chapter.

(2)

Review criteria. When reviewing an application for a conditional use, the city council shall consider the following requirements and criteria, including, but not limited to:

The proposed use must comply with the adopted comprehensive plan and future land use map.

Traffic generation and access for the proposed use shall not adversely impact adjoining properties and the general public safety. The proposed development shall be so located and designed to avoid undue noise, odor, traffic, or other nuisances and dangers to abutting property owners.

Off-street parking, loading and service areas shall be provided and located such that there is no adverse impact on adjoining properties, beyond that generally experienced in the district. Streets must be sufficient width and capacity to serve the demands created by the proposed development. Dedication of rights-of-way, frontage or reverse frontage roads and other necessary improvements shall be considered and addressed.

Required yards, screening or buffering, and landscaping shall be consistent with the district in general and the specific needs of abutting land uses.

Size, location and number of conditional uses in an area shall be limited so as to maintain the overall character of the district as intended by this land development code.

Architectural and signage treatments shall comply with the general provisions applicable to permitted uses in the district, to the greatest extent possible, and be sensitive to surrounding development.

The availability of utilities services (such as water, sewer, and solid waste) and recreational facilities shall meet the minimum adopted LOS. The capability, capacity, and location of the city storm sewer system for serving the proposed development must be considered, as well as adequacy of project design to provide retention and positive outfall of stormwater.

The proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity.

(3)

Inspection fee. If any inspections are required to ensure compliance, a fee shall be charged.

(g)

Effectiveness of conditional use permit.

(1)

The effectiveness of the conditional use permit is expressly conditional upon the following, and the conditional use permit shall not become effective for any reason unless and until the following events have occurred:

Permittees shall have agreed to each and every condition by properly executing and signing the conditional use permit.

Such conditional use permit executed as indicated shall have been filed in the office of the city clerk within 90 days of its date of grant by the city council. Upon expiration of this period, the permit shall become null and void, and the permittee must apply for rehearing. If the conditional use permit should expire on a weekend or nonworking holiday, the formal date for executing shall extend to the next scheduled working day.

In the event of failure of the permittee to fulfill development in substantial accordance with the plans as submitted to the planning and zoning commission and the city council, comply with the codes of the governmental agencies having lawful and appropriate jurisdiction thereon, or meet any of the terms of the conditional use permit, the permit may be revoked after due public hearings before the planning and zoning commission and the city council.

(h)

Transfer or abandonment of a conditional use.

(1)

When any conditional use permit is granted, physical construction, including items required to meet adopted levels of concurrency, must begin within the timeframe established in the conditional use permit, which may not exceed one year. Such timeframe shall begin the date the conditional use permit is signed and executed by the permittee. For purposes of this subsection, the term "physical construction" shall mean the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion.

(2)

A conditional use that is not initiated within the timeframe established in the conditional use permit shall not be established without a new application and public hearing in accordance with the procedures for such described in chapter 98 of this land development code. A conditional use that is abandoned for a period of one year or more shall not be reestablished without a new application and public hearing in accordance with the procedures for such described in chapter 98 of this land development code.

(LDC 1997, ch. 7, § 1.03; Ord. No. 2002-09, § 6, 6-11-2002; Ord. No. 2005-19, § 6, 5-24-2005; Ord. No. 2006-33, § 6, 11-4-2006; Ord. No. 2008-35, § 6, 11-7-2008; Ord. No. 2022-13, § 1, 6-7-2022)

Sec. 106-2. - Special exceptions.

(a)

Generally. A special exception is a use that would not be appropriate without restriction, but which, if controlled as to number, area, location or relation to the surrounding area, would promote the public health, safety and general welfare. Such use may be permitted in a zoning district as a special exception only if identified as such in this land development code.

(b)

Application procedure. Written application shall be made to the city for a special exception in accordance with the procedures established for rezoning in chapter 98 of this land development code. In addition, the applicant shall provide the following information:

(1)

A conceptual site plan showing buildings, parking and access locations, utility service points, proposed screening or buffering, and any other information or supplemental details necessary to address the review criteria and satisfy any specific requirement for such use described in this chapter. The city mayor or designee may exempt an applicant from the requirements of a conceptual plan if it is not warranted.

(2)

A written statement specifically addressing the requirements and criteria considered when reviewing applications as stated in the review criteria of this section and any special requirements for the specific uses as outlined in subsection (g) of this section.

(c)

Notification of public hearing. The requirements of this section are superseded by the requirements of F.S. § 166.041 (2), or as amended, when applicable.

(1)

Adjoining owners. The city shall send notice per F.S. § 166.041, or as amended, of the proposed action to the owners of all adjoining properties located within 300 feet to the subject property, as well as to any owners of the subject property not party to the application, at least two weeks prior to the planning and zoning commission hearing on the proposed action. The city shall mail an additional notice, at the applicant's expense, to the owners of all adjacent properties located within 300 feet of the subject property if more than 60 days have passed between the planning and zoning commission hearing at which the proposed action was considered and the first meeting of the city council at which the proposed action was considered. Such additional notice shall be sent by certified mail to those property owners owning property directly adjacent to the subject property.

Additionally, the property owner or applicant shall conspicuously post the notice of the proposed action on the subject property so that the notice is visible from the right-of-way adjacent to the property at least two weeks prior to the planning and zoning commission hearing. A minimum of one sign shall be posted facing each adjacent right-of-way to the subject property. Said notice shall be at least 18 inches × 24 inches in size and shall be elevated approximately six feet off the ground as measured from the top of the sign to the ground. Such notice shall include the date, time and place of the public hearings before the planning and zoning commission and the city council, along with a clear and concise description of the proposed action.

(2)

(d)

Procedure for public hearing. The following procedures are in addition to those required by state law:

(1)

(2)

(3)

(e)

General requirements and conditions.

(1)

Conditions and safeguards. In granting any special exception, the city council may prescribe appropriate conditions and safeguards to ensure compliance with the requirements of this chapter and the land development code in general. Such conditions may include time limits for the initiation of the special exception use, specific minimum or maximum limits to regular code requirements, or any other conditions reasonably related to the requirements and criteria of this chapter.

(2)

Review criteria. When reviewing an application for a special exception the city council shall consider the following requirements and criteria, including, but not limited to:

Traffic generation and access for the proposed use shall not adversely impact adjoining properties and the general public safety.

Off-street parking, loading and service areas shall be provided and located such that there is no adverse impact on adjoining properties, beyond that generally experienced in the district.

Required yards, screening or buffering, and landscaping shall be consistent with the district in general and the specific needs of the abutting land uses.

Size, location or number of special exception uses in the area shall be limited so as to maintain the overall character of the district as intended by this land development code.

The availability of utilities services, such as water, sewer, and solid waste, and recreational facilities.

(f)

Transfer or abandonment of special exceptions. Special exceptions run with the property. A special exception use that is not initiated within one year of being granted shall not be established without a new public hearing in accordance with requirements of this chapter.

(g)

Special requirements and conditions. For those special exception uses (SEU) listed in this subsection (g), the following special requirements shall apply in addition to those described in subsections (a)—(f) of this section. Buffering requirements within this section shall be in conformance with chanter 102 of this land development code, unless otherwise specified. Unless the method for measurement is specifically described in this section, the distance between specific uses shall be measured by a straight line drawn from the nearest point of each lot, parcel or site to each other.

(1)

Accessory structures, which include a residence, and uses incidental to agricultural activity (SEU in B-1). A special exception may be granted under the following conditions, including, but not limited to:

Residence for caretaker only.

Accessory structures for uses incidental to agricultural activity may include the following, but shall not be limited to:

Silo.

Storage barn.

Wholesale sales.

Access shall be on an arterial or collector roadway.

Parking requirements shall be evaluated and approved by the city council based upon the proposed use.

(2)

Adult congregate living facilities (SEU in RMF-1, RMF-2, OR, and B-1). A special exception may be granted under the following conditions, including, but not limited to:

The proposed site shall be a minimum of one acre.

The proposed site shall front on an arterial or collector roadway.

The maximum density shall not exceed that permitted within the underlying district.

(3)

Athletic/sports facility (SEU in B-1). A special exception may be granted under the following conditions, including, but not limited to, the city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

(4)

Banks (SEU in OR). A special exception may be granted under the following conditions, including, but not limited to:

The city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

Banks shall be limited to branch type uses and not main office type uses.

Drive-up tellers shall not exceed three lanes.

(5)

Bed and breakfast inn (SEU in RSF-1, RSF-2, RSF-3, RMF-1, RMF-2, and OR). A special exception may be granted under the following conditions, including, but not limited to:

The structure must maintain its residential character.

The facility must be owner occupied and managed.

Parking requirements: two parking spaces for the dwelling, plus one space per guestroom must be provided. The guest parking must be in the side or rear yard.

The number of rental rooms shall be limited to three for a small homestay and five for a medium homestay.

A small homestay shall be located within RSF-1, RSF-2, and RSF-3.

A medium homestay shall be located within RMF-1, RMF-2, or OR.

Signs: One sign not to exceed three square feet may be permitted to identify the establishment. The sign must be constructed of sand-blasted wood, ornamental iron, or other materials as approved. Portable and neon signs shall not be allowed.

Food preparation: The only meal to be provided to guests shall be breakfast, and it shall be served only to guests taking lodging in the facility.

Other conditions may be deemed necessary by the city council to protect the health, safety and welfare of the general public.

(6)

Business services (SEU in OR). A special exception may be granted under the following conditions, including, but not limited to:

The city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

The city shall approve the specific use based on the site and the surrounding uses.

(7)

Commercial recreation facility (SEU in B-1). A special exception may be granted under the following conditions, including, but not limited to:

The proposed site shall front on an arterial or collector roadway.

Other conditions may be deemed necessary by the city council to protect the health, safety and welfare of the general public.

The city shall approve the specific use based on the site and the surrounding uses.

(8)

Community residential homes with one to six residents (SEU in RSF-1 and RSF-2). A special exception may be granted under the following conditions, including, but not limited to:

The proposed facility shall be compatible with the neighborhood in its physical size.

The proposed structure would not alter the character of the neighborhood.

Adequate parking and infrastructure facilities are provided.

The proposed facility must show compliance with all state, local, and federal requirements.

(9)

Community residential homes with one to 14 residents (SEU in RSF-3, RMF-1, and OR). A special exception may be granted under the following conditions, including, but not limited to:

The proposed facility shall be compatible with the neighborhood in its physical size.

The proposed structure would not alter the character of the neighborhood.

Adequate parking and infrastructure facilities are provided.

The proposed facility must show compliance with all state, local, and federal requirements.

(10)

Community residential homes with no limit of residents (SEU in RMF-2). A special exception may be granted under the following conditions, including, but not limited to:

The proposed facility shall be compatible with the neighborhood in its physical size.

The proposed structure would not alter the character of the neighborhood.

Adequate parking and infrastructure facilities are provided.

The proposed facility must show compliance with all state, local, and federal requirements.

(11)

Convenience stores with fuel operations (SEU in B-1). A special exception may be granted under the following conditions, including, but not limited to:

The proposed site shall front on an arterial or collector roadway.

The proposed site shall be at least one acre in size.

(12)

Day care center (SEU in RMF-1, RMF-2, OR, and B-1). A special exception may be granted under the following conditions, including, but not limited to:

The proposed site shall be a minimum of 15,000 square feet with a minimum lot width of 100 feet.

The city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

A minimum of 4,000 square feet of outside play area shall be provided for the first 20 children or less, and 100 square feet of play area per child for the next 100 children.

The play area shall be completely enclosed with a minimum six-foot high opaque wall or fence to be constructed as part of the required buffer yard.

The proposed facility must show compliance with all state, local, and federal requirements.

(13)

Emergency medical response stations (SEU in RSF-1). A special exception may be granted under the following conditions, including, but not limited to:

The city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

The city shall approve the specific use based on the site and the surrounding uses.

(14)

Environmental study centers (SEU in C). A special exception may be granted under the following conditions, including, but not limited to: The city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

(15)

Family child care home (SEU in RSF-1, RSF-2, RSF-3, RMF-1, RMF-2, and OR). A special exception may be granted under the following conditions, including, but not limited to:

The city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

The proposed facility must show compliance with all state, local, and federal requirements.

(16)

Farmers' markets (SEU in AG). A special exception may be granted under the following conditions, including, but not limited to:

The proposed site shall front on an arterial or collector roadway.

The proposed site shall not abut a residential lot.

The proposed site shall be a minimum of three acres with a minimum of 200 feet of frontage.

A maximum of 20 percent of the site shall be devoted to sales area.

Required parking shall be provided at a ratio of one space for every 1,000 square feet of sales area with a minimum of five spaces.

All refuse shall be removed from the site at the end of each day.

(17)

Financial services (SEU in OR). A special exception may be granted under the following conditions, including, but not limited to:

The city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

Proposed use shall be limited to branch type facilities and not main office facilities.

(18)

Fire stations (SEU in RSF-1). A special exception may be granted under the following conditions, including, but not limited to: The city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

(19)

Flea markets (SEU in AG). A special exception may be granted under the following conditions, including, but not limited to:

The city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

The proposed site shall be a minimum of five acres.

All material to be sold at such market shall be removed after hours.

Restrooms shall be provided and the number shall be based on the size of the market.

Required parking shall be provided at a ratio of 20 spaces per acre with a minimum of 100 spaces.

(20)

Health/exercise clubs (SEU in OR). A special exception may be granted under the following conditions, including, but not limited to:

The proposed site shall front on an arterial or collector roadway.

A proposed corner site shall not abut a residential lot unless access is prohibited to the street upon which both lots front.

Additional buffering and special design shall be provided to effectively prevent illumination of adjoining residential land due to outdoor lighting of courts, fields, pools, or parking areas associated with the club or center.

(21)

Heavy metal fabrication (SEU in I-1). A special exception may be granted under the following conditions, including, but not limited to:

The city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

All fabrication shall take place within an enclosed building.

The applicant must establish that there will be no noise pollution to surrounding property owners.

(22)

Horse breeding farm (SEU in AG). A special exception may be granted under the following conditions, including, but not limited to:

The city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

The proposed site shall be a minimum of ten acres.

Any related accessory structures such as stables shall be located a minimum of 200 feet from all property lines.

(23)

Horses, commercial stables, dude ranch, riding academy, boarding stable (SEU in AG). A special exception may be granted under the following conditions, including, but not limited to:

The city shall decide if the proposed site may be located on an arterial, collector or local roadway, as appropriate.

Structures housing the animals shall be at least 200 feet from the nearest right-of-way line of any public street, county road, state or federal highway or the adjacent boundary of property owned by others.

The proposed site shall be at least ten acres.

(24)

Kennels: boarding (SEU in AG). A special exception may be granted under the following conditions, including, but not limited to:

The city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

The proposed site shall be a minimum of five acres.

The proposed site shall be devoted to the sole purpose of use, and shall not be part of any multitenant complex or multiuse property.

All animal and confinement areas shall be in an air conditioned and soundproof building.

(25)

Kennels: breeding (SEU in AG). A special exception may be granted under the following conditions, including, but not limited to:

The city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

The proposed site shall be a minimum of five acres.

The proposed site shall be devoted to the sole purpose of use, and shall not be part of any multitenant complex or multiuse property.

All animal and confinement areas shall be in an air conditioned and sound attenuated building.

(26)

Medical office/clinic (SEU in OR). A special exception may be granted under the following conditions, including, but not limited to:

The city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

The city shall determine if the proposed use is compatible with the surrounding property.

(27)

Motor vehicle towing and impoundment facility (SEU in I-1). A special exception may be granted under the following conditions, including, but not limited to:

The proposed site shall front on an arterial or collector roadway.

Buffering shall be provided based on a buffer class "E"; or a six-foot high opaque fence surrounding all work areas and storage areas may be substituted in lieu of such buffering.

The proposed site shall not abut a residential lot.

(28)

Multifamily dwelling units (SEU in OR). A special exception may be granted under the following conditions, including, but not limited to: All units must meet the minimum requirements outlined in the RMF-2 district.

(29)

Nursing home (SEU in RMF-1, RMF-2, and B-1). A special exception may be granted under the following conditions including, but not limited to:

The proposed site shall front on an arterial or collector roadway.

Buffering shall be provided based on a buffer class "C" for service and loading areas, and buffer class "B" for the remainder of the site.

Proof of licensing by the appropriate jurisdictional agency will be required prior to final development approval.

(30)

Offices (SEU in OR). A special exception may be granted under the following conditions, including, but not limited to:

The city shall decide if the proposed site may front on an arterial, collector or local roadway.

Adequate parking must be provided pursuant to uses outlined in the B-1 zoning district.

(31)

One single-family residential dwelling unit on the site of a permitted use to be used exclusively for a caretaker (SEU in I-1). A special exception may be granted under the following conditions, including, but not limited to:

Must be located on the property in which the commercial/industrial use is located.

Must meet minimum requirements of RSF-3 district.

(32)

Personal service (SEU in OR). A special exception may be granted under the following conditions, including, but not limited to:

The city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

The city shall determine if the proposed use is compatible with the surrounding property.

(33)

Police substations (SEU in RSF-1). A special exception may be granted under the following conditions, including, but not limited to:

The city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

Adequate parking shall be provided for work vehicles.

(34)

Postal drop box (SEU in RSF-1). A special exception may be granted under the following conditions, including, but not limited to:

The city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

There shall be adequate traffic movement at the drop box facility.

(35)

Public use recreation facilities (SEU in RSF-1). A special exception may be granted under the following conditions, including, but not limited to:

The city shall decide if the proposed site may front on an arterial, collector or local roadway.

Adequate parking and infrastructure must be provided.

Additional buffering and special design shall be provided to effectively prevent illumination of adjoining residential areas due to outdoor lighting.

(36)

Recreation, passive (SEU in C). A special exception may be granted under the following conditions, including, but not limited to:

The city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

The city shall determine if the proposed use is compatible with the surrounding property.

(37)

Recreational vehicle park (SEU in B-1). A special exception may be granted under the following conditions, including, but not limited to:

The proposed site may front on an arterial, collector or local roadway.

The proposed site shall be a minimum of 25 acres.

The proposed site shall be designated and used for shortterm, transient accommodation (no tents) of:

Travel trailers.

Vehicles with sleeping accommodations.

Other similar type facilities (no park models allowed).

No additions shall be allowed, such as, but not limited to, carports, screened rooms, or utility sheds, to any RV, trailer, or any vehicle with sleeping accommodations.

An occupant of one of the spaces, other than those employed to maintain the site, shall remain in the same facility no longer than 180 days out of every 365 days.

Convenience establishments, such as grocery stores, souvenir shops, restaurants and laundries, may be permitted, provided that the convenience establishments shall not be advertised for patronage by the general public.

Restrooms and shower facilities shall be provided based upon the following:

Men's toilets: one for every 30 spaces, or fraction thereof.

Men's urinals: one for every 50 spaces, or fraction thereof.

Men's lavatories: one for every 20 spaces, or fraction thereof.

Women's toilets: one for every 15 spaces, or fraction thereof.

Women's lavatories: one for every 20 spaces, or fraction thereof.

Showers: one for each sex for every 100 spaces, or fraction thereof.

Sanitary stations for disposal of recreation vehicle and lodging waste shall be provided at a ratio of one for every 100 spaces, or fraction thereof.

Interior streets shall be designed as follows:

All one-way streets shall have a minimum pavement width of 12 feet.

All two-way streets shall have a minimum pavement width of 24 feet.

The minimum lot space shall be 2,500 square feet.

The minimum lot space width shall be 25 feet.

Minimum setback requirements are as follows:

Front yard setback:

Local roadway - 25 feet.

ii.

Collector roadway - 35 feet.

iii.

Arterial roadway - 50 feet.

iv.

Interior paved streets - 20 feet.

Side yard setback when adjoining:

Another lot - five feet.

ii.

Local roadway - 25 feet.

iii.

Collector roadway - 35 feet.

iv.

Arterial roadway - 50 feet.

Interior paved streets - 20 feet.

Rear yard setback: ten feet.

Master park plans shall be submitted at the time of application and final site development plans must be submitted in accordance with the improvements standards (e.g., water, sewer, drainage, etc.) in other chapters of this Code.

(38)

Retail nurseries and garden supplies (SEU in AG). A special exception may be granted under the following conditions, including, but not limited to:

The city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

The proposed site shall be a minimum of two acres.

The city shall evaluate and approve the parking requirements for the specific use.

(39)

Rubber or plastics manufacturing (SEU in I-1). A special exception may be granted under the following conditions, including, but not limited to:

The city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

The city shall determine if the proposed use is compatible with the surrounding property.

All manufacturing shall occur within an enclosed building.

The proposed site shall not abut a residentially zoned lot.

(40)

Temporary laboratory (SEU in OR). A special exception may be granted under the following conditions, including, but not limited to:

The city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

The city shall determine if the proposed use is compatible with the surrounding property.

(41)

Trucking terminal (SEU in I-1). A special exception may be granted under the following conditions, including, but not limited to:

The proposed site shall not abut a residentially zoned lot.

The proposed site shall front on an arterial roadway.

The proposed site shall contain at least 40 acres.

A traffic study shall be required at time of site plan approval.

Buffering shall be provided based on buffer class "E."

(42)

Veterinary clinics (SEU in AG, OR, and B-1). A special exception may be granted under the following conditions, including, but not limited to:

The city shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

The proposed site shall be a minimum of one-half acre.

The proposed site shall be devoted to the sole purpose of the use, and shall not be part of any multitenant complex or multiuse property.

All animal and confinement areas shall be in an air conditioned and sound attenuated building.

(43)

Residential units (SEU in B-1). A special exception use shall be granted under the following conditions, including, but not limited to:

A residential single-family dwelling unit already exists as a nonconforming use.

The existing dwelling unit is a permitted residential use in the RSF-1 or RSF-2 zoning district and the design standards for the respective district shall apply in default of any other.

No increase in the number of dwelling units may be permitted.

The property must abut other B-1 zoned property on at least two sides.

Adjoining property will only be required to provide buffering as required for adjacent B-1 zoned property as provided in chapter 110 of this land development code, pertaining to landscaping and tree protection. In other words, the SEU will not place additional or more stringent requirements on neighboring properties.

(44)

Model homes and model home sales centers (SEU in RSF-1, RSF-2, RSF-3, RMF-1 and RMF-2). A special exception use may be granted under the following conditions:

Term. The special exception use granted hereunder shall be valid for a period of 12 months from the date of city council approval. The city council may extend the length of the special exception use granted hereunder upon request of the permit holder; provided however, that no extension shall be granted if dwellings of the same type and style as the model home or model home center covered by the special exception use permit are no longer being constructed in the subdivision. Upon the lapse of a special exception use granted hereunder the model home shall be used for only those purposes expressly permitted for the structure pursuant to the applicable zoning regulations for the zoning district where the structure is located. Further, all modifications made to the structure to facilitate the structure's use as a model home shall be removed. For example, should the home's garage be converted to office space for commercial purposes, the garage shall be restored to its original condition.

Restrictions on use.

A special exception use permit shall only be issued for those newly constructed structures which have not been previously occupied as a residence.

No model home permitted under this section may be used for living purposes either permanently or temporarily, until after the model home use has ended.

Model homes shall be used for the sole purpose of public inspection and marketing of homes within the subdivision. No other commercial or residential activities shall be permitted.

Parking.

Parking for a single model home shall be provided on an adjacent parcel, with a minimum of four off-street parking spaces to be provided.

At a minimum, a model home sales center shall provided four off-street parking spaces for the first model home and two additional spaces for each adjacent model. Additional spaces may be required, if the development review committee determines that based on the scope of the project, the minimum parking requirements would be inadequate.

The development review committee may approve permeable parking areas. The site review committee shall consider the site characteristics of the parking areas, including but not limited to the elevation, slope, drainage, soil type and adjacent surface conditions in determining whether the parking area should be of pervious or impervious materials.

Bond.

As a condition of granting the special exception use permit, the city council may require a performance bond for items, such as, but not limited to the following:

Improvements that are required on the approved construction plans for the subdivision that are not to be installed until the model(s) are converted to a residential use.

Temporary improvements that would need to be removed to convert the property back to a residential use (i.e., parking areas, signs, etc.)

Driveways or sidewalks for individuals lots, required by this Code, that are not installed at the time of construction of the model(s).

The bond shall be in the amount of 100 percent of a certified construction estimate prepared by a licensed engineer or contractor and approved by the city engineer prior to the issuance of a temporary use permit for the model home(s) and shall be increased, if necessary, upon any renewal of the special exception use permit.

(45)

Adult entertainment establishments.

Locational criteria. In addition to those requirements for adult entertainment establishments set forth in chapter 7, article II of the Minneola Code, adult entertainment establishments shall comply with the following locational criteria:

Zoning. Notwithstanding any other provision herein, or any other provision of the city code or land development regulations, no person shall propose, cause or permit the operation of, or enlargement of (except when required by law), an adult entertainment establishment, as defined in chapter 7, article II, of the Minneola Code unless the establishment would or will be located in an I-1 "Industrial" zoned district where adult entertainment establishments are allowed with a special exception permit, provided however that no adult entertainment establishment may be located adjacent to U.S. Highway 27, regardless of the zoning designation of such adjacent parcel.

Distance minimums. In addition to the zoning requirements set forth above, an adult entertainment establishment shall not be allowed to open, operate, or be enlarged (except when required by law) within any of the following distances:

1,500 hundred feet of a preexisting religious institution;

1,500 hundred feet of a preexisting educational facility;

1,500 hundred feet of an area zoned within the city or the county as a residential district as defined by each governmental entity's respective zoning code;

1,500 hundred feet of the property line of a preexisting residence; or

1,500 hundred feet of a pre-existing park.

Enlargement. In this subsection the term "enlargement" includes, but is not limited to, increasing the floor size of the establishment by more than ten percent.

Supplemental to alcoholic beverage regulations. The zoning and distance requirements of this section are independent of and do not supersede the distance requirements for alcoholic beverage establishments which may be contained in other laws, rules, ordinances or regulations.

Measurement of distance. The distance from a proposed adult entertainment establishment to a pre-existing adult entertainment establishment, a pre-existing religious institution, a preexisting educational institution, an area zoned for residential use, a pre-existing residence, a pre-existing park, or a pre-existing commercial establishment that sells or dispenses alcohol for on-premises consumption shall be measured by drawing a straight line between the closest property lines of the proposed adult entertainment establishment and the pre-existing adult entertainment establishment, the pre-existing religious institution, the pre-existing educational institution, an area zoned for residential use, an area designated on the future land use map as residential, the pre-existing residence, the pre-existing park, or the pre-existing commercial establishment that sells or dispenses alcohol for on-premises consumption.

Nonconforming uses. Any adult entertainment establishment existing prior to adoption of the Minneola Adult Entertainment Code [chapter 7, article II of the Code of Ordinances] and not meeting all requirements of the Minneola Adult Entertainment Code shall be considered a nonconforming use.

(46)

Establishments selling alcoholic beverages for off-site consumption.

Definition. Establishments selling alcoholic beverages for off-site consumption shall mean those establishments licensed or required to be licensed by the state to sell alcoholic beverages, other than beer or wine as defined in F.S. §§ 563.01 and 564.01, as may be amended, for consumption off the licensed premises. Food service establishments authorized to sell or deliver alcoholic beverages for off-premises consumption pursuant to F.S. §§ 561.20, 564.09, and 565.045, are specifically excluded from this definition.

The city shall determine if the proposed use is compatible with the surrounding property, and may consider the distance from the proposed establishment to places of worship, schools, municipal buildings, and parks in making its determination.

The city may take into consideration the distance between the proposed establishment and other similar establishments in determining whether to grant the proposed use. The city shall aim for a minimum distance of 400 feet between the proposed establishment and other establishments selling alcoholic beverages for off-site or on-site consumption.

The proposed establishment shall show compliance with all state, local, and federal requirements.

Provided that all requirements of this chapter are complied with, all existing establishments located within the corporate limits of the city which currently sell alcoholic beverages at the date of the passage of this ordinance shall continue to be permitted.

(47)

Establishments selling alcoholic beverages for on-site consumption.

Definition. Establishments selling alcoholic beverages for on-site consumption shall mean those establishments licensed or required to be licensed by the state to sell alcoholic beverages for consumption on the licensed premises, including, but not limited to, bars, breweries, and night clubs. Food service establishments deriving 51 percent or more of their gross revenue from the sale of food and non-alcoholic beverages are specifically excluded from this definition.

The proposed establishment shall show compliance with all state, local, and federal requirements.

Provided that all requirements of this chapter are complied with, all existing establishments located within the corporate limits of the city which currently sell alcoholic beverages at the date of passage of the ordinance from which this section derives shall continue to be permitted.

(48)

Car washes.

Distance from other establishments: No car wash shall be located less than 1,000 feet from another car wash.

The proposed use must comply with the adopted comprehensive plan and future land use man.

The proposed development shall be so located and designed to avoid undue noise, odor, traffic, or other nuisances and dangers to abutting property owners.

Streets must be sufficient width and capacity to serve the demands created by the proposed development. Dedication of rights-of-way, frontage or reverse frontage roads and other necessary improvements shall be considered and addressed.

The capability, capacity, and location of the city storm sewer system for serving the proposed development must be considered, as well as adequacy project design to provide retention and positive outfall of stormwater.

The proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity.

(49)

Car lots.

All such establishments shall abide by chapter 18, article VII, Car Lots.

No more than one establishment per 10,000 residents in the city shall be licensed at one time. An additional establishment may not be licensed until the full 10,000 residents has been reached.

(50)

Smoke shops. A special exception may be granted under the following conditions, including, but not limited to:

All such establishments shall abide by article VIII, Tobacco Products

Derives at least 75 percent of its annual gross revenues from the retail sale of cigarettes, cigars, and other tobacco products. Owner shall provide a quarterly report of sales to the City of Minneola demonstrating compliance with this requirement.

Distance from other establishments: No smoke shop shall be located less than 1,000 feet from another smoke shop, as measured from door to door.

Smoke shops shall not be located within 500 feet, measured door to door, from a public or private elementary, middle, or secondary school, public library, public park, church, or religious institution. However, if a smoke shop has been legally established, it may remain in operation if a public or private elementary, middle, or secondary school, public library, public park, church, or religious institution subsequently locates within 500 feet of the smoke shop.

Keep all doors and windows free of any screening or tinting which would obscure visibility from the outside. No additional lighting or signage is authorized in the doors and/or windows, except as required by public safety.

Post a clear and conspicuous sign which substantially states the following: "The sale of tobacco products or nicotine products to persons under 21 years of age is against Florida law. Proof of age is required for purchase."

Hours of operation shall be included in the conditions of each special exception permit issued under this section.

The smoke shop shall obtain and maintain a business tax receipt (BTR).

This special exception use permit is only for the applicant and is not transferable.

Violations of these conditions may result in revocation of business tax receipt.

All other Code requirements, including the sign ordinance, shall be met.

(LDC 1997, ch. 7, § 1.04; Ord. No. 2002-03, § 3, 2-26-2002; Ord. No. 2002-09, § 7, 6-11-2002; Ord. No. 2002-22, § 5, 7-23-2002; Ord. No. 2004-02, § 1, 1-27-2004; Ord. No. 2005-19, § 7, 5-24-2005; Ord. No. 2006-33, § 7, 11-4-2006; Ord. No. 2008-35, § 6, 11-7-2008; Ord. No. 2021-12, § 1, 9-7-2021; 2022-14, § 1, 6-21-2022; 2023-03, § 1, 2-21-2023; Ord. No. 2023-30, § 1, 12-5-2023)

Editor's note— Ord. No. 2002-03, § 3, adopted Feb. 26, 2002, and Ord. No. 2002-22, § 5, adopted July 23, 2002, added subsections (43) and (44). Since subsection (43) already existed, said subsections have been codified as (44) and (45) at the editor's discretion.