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New Port Richey City Zoning Code

7.09.00

Highway Commercial Zoning District.

In the highway commercial zoning district, no minimum lot size is specified for commercial establishments, since floor space requirements differ widely, being dependent upon the size and nature of the businesses involved.

7.09.01 Permitted uses

In the Highway Commercial District, the following land uses are permitted:

1.

Theaters, businesses and professional offices, private or public schools, university or college, auto sales, repair and service establishments;

2.

Any retail or wholesale business not specifically restricted or prohibited under this code;

3.

Manufacturing and/or industrial business operations which are not prohibited under the provisions of this section;

4.

Churches, synagogues, temples or similar places of worship and their accessory uses;

5.

Restricted personal service uses;

6.

Urban agriculture (indoor crop production prohibited);

7.

Medical marijuana treatment center dispensing facility;

8.

Beer gardens, tap rooms, brewpubs, nanobreweries, microbreweries and breweries; and

9.

All uses which further the adopted comprehensive plan, upon approval by the development review committee. The applicant shall demonstrate that the use is consistent with the comprehensive plan.

7.09.02 Conditional Uses

The land development review board may recommend to the city council for approval the location of conditional uses in the Highway Commercial District. These uses differ from special exceptions in that the use may not be appropriately placed in all areas of this commercial zoning district and has little to no impact on residential uses. Conditions may be placed depending on the specific location of the intended use. The allowed conditional uses are as follows:

1.

Children day care centers (including nursery or kindergarten schools), provided that:

a.

The property, parcel, or lot proposed for the location of this use is not located or has frontage on U.S. Highway 19;

b.

A fenced area is provided;

c.

Adequate on-site driveway access is provided for the queuing of drop-off and pick-up traffic; and

d.

Additional conditions may be applied depending on site conditions and location.

2.

Multi-Family Apartments, provided that:

a.

Residential units are part of a mixed-use development located at significant intersections or economic areas in furtherance of Comprehensive Plan goals and objectives;

b.

Residential units are not located on the ground floor; and

c.

The multi-family design standards provided in section 7.27.00 shall apply.

3.

Hotels.

7.09.03 Uses prohibited

In the Highway Commercial District, the following uses are prohibited:

1.

Manufacture or refining of ammonia, bleaching powder, chlorine, asphalt, brick, terra cotta, tile, or pottery (except in handicrafts), cement, gypsum, lime, plaster of Paris, coke, creosote, dextrin, glucose, starch, dye, explosives, fireworks or storage thereof, fertilizer; manufacture of fuel or illuminating gas; gelatin, hydrochloric, nitric, picric, sulfuric or sulphurous acids, lampblack, linoleum or oilcloth, matches, pyroxylin materials or articles composed thereof, or storage in excess of five hundred (500) pounds; rubber or treatment thereof involving offensive odor, tar, turpentine, or varnish, manufacture of blast furnace products, coal chemicals, distillation of bones, coal, wood or tar, fat, grist mill; hot rolling mill or drop forge; incineration, reduction or dumping of dead animals, offal, or refuse except by the city or its agents, or when accumulated and consumed on the same premises without the emission of odor; petroleum or other flammable liquids production or refining; storage of above ground petroleum, flammable liquids, fuel gasses are permitted provided:

a.

Said products are used on site for purposes of heating, cooking, emergency power generation or similar uses;

b.

Are not intended for resale purpose; and

c.

Meet all state and local codes and requirements applying to the protection of the underground water aquifer, containment against spillage, damage, fire and for the protection of surrounding properties; slaughtering or stockyards; tanning, curing or storage of raw hides or skins; tire recapping; or exterior storage of more than one hundred (100) scrap or used tires; junk or wood yards.

2.

Sanitariums and hospitals.

3.

Privately owned access roads to any use in this district that run through any property in a residential district.

4.

Single-family, two-family, triplex, or townhouses.

5.

Motels.

6.

Transient Residential Lodging.

7.09.04 Yard regulations

1.

Setbacks:

a.

Front setback: The minimum setback of the front building line from U.S. Highway 19 shall be no less than thirty-five (35) feet, measured to the nearest permanent part of projection of the structure.

b.

Rear setback: The minimum setback of the rear building line shall be no less than ten (10) feet on an alley. If the property to be developed is abutting a different land use district, the rear setback shall be at least the required buffer space as defined in the buffer matrix.

c.

Side setback: The minimum setback of the side building line shall be no less than five (5) feet on an alley. If the property to be developed is abutting a different land use district, the side setback shall be at least the required buffer space as defined in the buffer matrix.

7.09.05 Area and lot width requirements

1.

Because of previous development patterns and the various nature of permitted land uses, no specific minimum width or lot size requirements are required in the highway commercial zoning district.

7.09.06 Maximum height of structures

In the highway commercial zoning district, the following provisions shall apply for all structures:

1.

All plans and specifications for structures must be signed by a registered architect or engineer, duly registered in the State of Florida. During construction of approved structures, supervision by a competent registered engineer or architect at the expense of the owner/developer must be supplied by the builder.

2.

All plans and specifications must include all provisions provided by the building department.

3.

No building may be higher than five (5) stories or seventy-five (75) feet without the prior written approval of the city council.

7.09.07 Restricted personal service use regulations

[1.

Development standards.]

Front setback • 35 feet (artery or collector street)
• 25 feet (local street)
Side setbacks 10 feet or required buffer
Rear setback 20 feet or required buffer
Minimum lot area 5,000 square feet
Width requirement 50 feet
Height maximum 25 feet
Off-street parking Refer to general retail and shopping center parking standards in Chapter 11
Design criteria • The building in which the use is located is painted or otherwise finished in materials and colors which are muted
• There are no security bars on the outside of doors or windows which are visible from a public right-of-way

 

2.

Restricted personal service uses shall be a minimum distance from the uses set forth in the table below. Measurements shall be made in a straight line in any direction from the edge of the parcel containing the restricted personal service use.

Use or Use ClassificationSeparation
Requirement
(Feet)
Another restricted personal service use (regardless of jurisdiction) 1,000
Day care center, public or private 1,000
Place of worship 1,000
Public park, library or recreation center 1,000
School, public or private 1,000
Adult use 1,000

 

3.

Business tax receipts. Business tax receipts shall be actively maintained. Both the business type and use of property specified on the city business tax receipt application form shall plainly and clearly indicate the restricted personal service use.

7.09.08 Medical Marijuana Treatment Center Dispensing Facility and Pharmacy Development Standards

Front setback 35 feet
Side setbacks 10 feet or required buffer
Rear setback 20 feet or required buffer
Minimum lot area 10,000 square feet
Width requirement 100 feet
Height maximum n/a
Off-street parking 1 space per 200 square feet of gross floor area;
75/25 ratio of full size to compact; and
0.10 required bicycle spaces per required parking space
Design criteria • The building in which the use is located is painted or otherwise finished in materials and colors which are muted;
• There are no security bars on the outside of doors or windows;
• No outdoor seating, outdoor display, sales or promotions shall be allowed on the site;
• No consumption of products shall be allowed on the site;
• No prescribed/non-prescribed medicines or drugs, or graphics of plants from which they are derived, shall be visible from five feet of the building; and
• A conceptual building elevation shall be submitted showing compliance with the criteria above along with color sample with name and manufacturer number;
Minimum separation distance • A medical marijuana treatment center dispensing facility may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the city council approves the location at a special exception public hearing, as provided in section 5.02.00 of this Code, at which the city council determines that the location promotes the public health, safety and general welfare of the city.

 

7.09.09 Vehicle Sales Dealership Development Standards.

The following development standards apply in addition to other standards contained within the Code of Ordinances and Land Development Code. Where development standards herein conflict with other standards contained within the Code of Ordinance and Land Development Code these standards shall supersede any such conflicting standards.

Minimum Lot Area One (1) Acre
Minimum Lot Width (frontage along U. S. Highway 19 100 feet
Minimum Lot Depth 100 feet
Buffering The buffer along frontage on U.S. Highway 19 shall provide for at least a six-foot wide landscaped buffer with one (1) canopy tree per sixty (60) feet of frontage, or two (2) trees per lot frontage, whichever is greater, equally spaced, with continuous shrubs of at least two (2) feet in height.
The buffer on lot perimeters, other than U.S. Highway 19 frontage, shall provide for at least a four (4) foot wide landscaped buffer with one (1) canopy tree per sixty (60) feet of perimeter, with continuous shrubs of at least four (4) feet in height.
The buffer on lot perimeters adjacent to residentially zoned properties shall provide for at least a six-foot-wide landscaped buffer with a six-foot high opaque masonry wall or fence with one (1) canopy tree per sixty (60) feet of wall or fence, with continuous shrubs of at least four (4) feet in height. All trees and shrubs shall be located on the outside of the wall or fence, between the wall or fence and the residentially zoned property.
Outdoor Inventory Display Outdoor inventory display areas (this includes all areas in which vehicles are parked for sale) shall be paved, and may not encroach into any buffer areas.
Outdoor inventory display areas and other parking and vehicular use areas shall provide landscaped islands for at least fifteen (15) percent of the areas. The landscaped islands shall be at least twenty (20) square feet in size and shall be dispersed throughout the areas to break up expanses of paved areas. Each landscaped island shall contain at least one (1) canopy tree and shrubs of at least two (2) feet in height around the perimeter.
Inventory displayed outdoors shall only be located within the paved display area. Inventory shall not be parked, stored, or displayed in buffer or landscaped areas. Inventory shall not be parked, stored, or displayed in a manner that blocks or restricts access to the lot. Inventory shall only be parked, stored, or displayed on lots that are approved by the city for use in vehicle sales.
Each automobile on display shall have at least one hundred eighty (180) square feet of area for said vehicle. All other vehicles, including trucks, shall have an area at least one hundred forty (140) percent of the vehicle's size in area for each said vehicle.
Sales Office Sales office buildings shall be at least one thousand (1,000) gross square feet in area.
Signs In addition to the requirements of the sign regulations in chapter 13 of the Land Development Code, the use of balloons, decorative flags, banners, streamers, search and beacon lights, and wind-blown or inflatable attention devices are prohibited.
Service and Repair Inoperable, disassembled or partially disassembled vehicles shall not be parked, stored, or displayed in the vehicle display, buffer or landscaped areas. Such vehicles shall be parked or stored, so as to be screened from view from outside the property or stored or parked within a building.
Service or repair areas that are secondary to the vehicle sales shall be oriented away from adjacent residentially zoned areas. Service bay doors shall not open facing adjacent residentially zoned areas.
Customer Parking Parking spaces for customers shall be marked for customer use, with a minimum of three (3) spaces for every twenty-five (25) vehicles for sale, up to the maximum amount of vehicles that may be displayed.
Separation Requirement No used vehicle sales dealership shall be located within one thousand (1,000) feet of an existing used vehicle sales dealership, unless the city council approves the location though a special exception permit through a public hearing, as provided in section 5.02.00 of this Code, at which the city council determines that the location promotes the public health, safety and general welfare of the city. The separation distance shall be measured from the closest point of the lots as measured along the frontage on U.S. Highway 19.

 

(Ord. No. 1268, §§ 8, 9, 11-19-91; Ord. No. 1307, § 11, 2-2-93; Ord. No. 1440, § 3, 1-6-98; Ord. No. 1461, § 1, 8-4-98; Ord. No. 2016-2072, §§ III, IV, 3-1-2016; Ord. No. 2016-2073, § IX, 6-21-2016; Ord. No. 2017-2116, § III, 8-15-2017; Ord. No. 2017-2118, § I, 9-19-2017; Ord. No. 2018-2125, § III, 10-17-2017; Ord. No. 2018-2143, § I, 9-4-2018; Ord. No. 2019-2150, § 2, 2-19-2019; Ord. No. 2019-2148, §§ 1—3, 3-19-2019; Ord. No. 2019-2166, § I, 10-15-2019; Ord. No. 2020-2185, § 1, 3-18-2020; Ord. No. 2020-2199, § I, 10-20-2020; Ord. No. 2021-2233, § 5, 7-20-2021)