A.

Specific use standards apply to some uses in use standards tables, regardless of zoning district, to address, minimize, or eliminate the potential negative impacts associated with the use on surrounding properties to protect public health, safety, and welfare.

B.

The specific use standards shall be incorporated into the site development and infrastructure plan.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

Purpose. Facilities that board animals should have the opportunity to develop in a convenient location for the people in which they provide service; however, these facilities may produce noise or other negative externalities, which can be mitigated through design. The standards in this section are also intended to support the safety and well-being of the animals cared for in these facilities.

B.

Location. Kennels for overnight boarding shall not be located outdoors.

C.

Supervision. Animals shall not be left outside unattended.

D.

Screening and Design. Outdoor play or observation areas shall be surrounded on a minimum of two (2) sides by the primary structure to ensure the secured transfer of animals to the outdoor areas, minimize noise, and shield the outdoor areas from view.

(1)

Outdoor areas adjacent to residential zoning districts shall be screened from view with a one hundred percent (100%) opaque fence or wall.

(2)

Shade structures and water access for hydration and cooling shall be included in all outdoor areas.

E.

Hours of Operation. Activities above and beyond standard boarding practices shall only occur between the hours of 7:00 a.m. and 7:00 p.m. These activities may be, but are not limited to, training classes, special events, or outdoor group play times, where noise may be increased beyond the reasonable level of any other use within the zoning district.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

Purpose. Animal hospitals and veterinary offices often include services that may produce noise or other negative externalities to the adjacent properties. The standards in this section are intended to mitigate these externalities as well as support the health and safety of the animals cared for at these facilities.

B.

Location. Kennels for overnight boarding shall not be located outdoors.

C.

Supervision. Animals shall not be left outside unattended.

D.

Screening and Design. Outdoor play or observation areas shall be surrounded on a minimum of two (2) sides by the primary structure to ensure the secured transfer of animals to the outdoor areas, minimize noise, and shield the outdoor areas from view.

(1)

Outdoor areas adjacent to residential zoning districts shall be screened from view with a one hundred (100%) opaque fence or wall.

(2)

Shade structures and water access for hydration and cooling shall be included in all outdoor areas.

E.

Hours of Operation. Activities above and beyond standard veterinary medical practices shall only occur between the hours of 7:00 a.m. and 7:00 p.m. These activities may be, but are not limited to, training classes, special events, or outdoor group play times, where noise may be increased beyond the reasonable level of any other use within the zoning district.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

Purpose. Animal sanctuaries and rescues often include a variety of services that may produce noise or other negative externalities to the adjacent properties. The standards in this section are intended to mitigate these externalities as well as support the health and safety of the animals cared for at these facilities.

B.

Location. When the animals served by the sanctuary or rescue are small enough to be housed indoors, kennels for overnight boarding shall be located indoors. Where indoor boarding is not appropriate due to size or species of the rescue animal, outdoor shelter area and overnight boarding space shall not be located within five hundred (500) feet of an existing one-and-two family home. Outdoor animal sanctuaries and rescues should be weather and climate-appropriate for the species being housed.

C.

Screening and Design.

(1)

Outdoor areas adjacent to residential zoning districts shall be screened from view with a one hundred percent (100%) opaque fence or wall.

(2)

Shade structures and water access for hydration and cooling shall be included in all outdoor areas.

D.

Hours of Operation. Activities above and beyond standard practices where noise may be increased beyond the reasonable level of any other use within the zoning district shall only occur between the hours of 7:00 a.m. and 7:00 p.m.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

Purpose. Car washes are important to residents and visitors for the maintenance and appearance of vehicles but produce numerous environmental concerns.

B.

Mitigation from Residential. The entrance or exit of any automatic car wash structure shall not face a residential zoning district or use unless there is:

(1)

A fifty (50) foot separation between the entrance/exit of the car wash structure and the residential zoning district or use; and

(2)

An eight (8) foot tall, one hundred percent (100%) masonry wall, at least twice the width of the entrance or exit with landscaping to deflect the noise away from the residential zoning district or use.

C.

Accessory Use. When a car wash is accessory to another permitted use:

(1)

The car wash structure shall be constructed of materials consistent with that of the primary structure.

(2)

The car wash shall be located to the side or rear of the primary structure.

D.

Vehicle Stacking. The site shall provide stacking space for the car wash per Chapter 4, Article X., Section 4.10.6. of this ULDC. Stacking spaces shall not interfere with parking spaces, traffic circulation, or pedestrian access to the site.

E.

Bypass Lane. A bypass lane shall be provided around drive-thru use, allowing cars to leave the drive-thru lane from the stacking area.

F.

Hours of Operation. When the car wash structure is within sixty (60) feet of a residential property, it shall not operate before 8:00 a.m. or after 8:00 p.m.

G.

Water Management. All car washes, including self-serve and automatic, shall use reused water and shall utilize best management practices.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

Purpose. A community garden is a permissible primary use that allows the growing, harvesting and the incidental retail sale, of edible fruits or vegetables or other plant products intended for ingestion by neighboring residents, friends, owners, and the permittees of the owner for their consumption and enjoyment and for the consumption and enjoyment of others. Community gardens help maintain food accessibility for the residents of North Port.

B.

Setbacks and Structures. Structures, fences, walls, and other appurtenances shall comply with the setbacks of the underlying zoning district.

C.

Property Maintenance.

(1)

Incidental retail sales shall not occur on the community garden site if it is in a residential zoning district;

(2)

The property shall be maintained in an orderly and neat condition consistent with the City property maintenance standards.

(3)

No trash or debris shall be stored or allowed to remain on the property outside of approved garbage containers.

(4)

Tools and supplies shall be stored indoors or removed from the property daily.

(5)

Vegetative material (e.g., compost), additional dirt for distribution and other bulk supplies shall be stored to the rear or center of the property, shall be kept in a neat and orderly fashion, and shall not create a visual blight or offensive odors.

(6)

Large power tools (e.g., mowers, tillers) shall be stored at the rear of the property.

(7)

The community garden shall be designed and maintained to prevent any chemical pesticide, fertilizer, or other garden waste from draining off the property. Pesticides and fertilizers may only be stored on the property in a locked building or shed and must comply with any other applicable requirements for hazardous materials.

D.

Environmental. The soil, fertilizer, pesticides, herbicides, and water usage shall comply with all applicable local, state, and federal regulations.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

Purpose. Electric vehicle charging stations are essential transportation infrastructure that may or may not be open to the public.

B.

Private. Private EV charging stations are allowable accessory uses in all zoning districts without conditions. Private EV chargers may be permitted through the appropriate building permit.

C.

Public. Public EV charging stations are allowed accessory uses in R-3, MH, CT, V, and all AC districts, and allowed primary uses in C, COR, GU, I-1, and I-2. EV charging stations for use by patrons of the site, or the public are permissible accessory uses to non-residential uses in the residential zoning districts. Public EV charging stations should be denoted on the Site Development and Infrastructure Plan and shall meet the following:

(1)

Accessibility. One (1) EV charging space shall be dimensioned to accommodate persons with physical disabilities. The charging station parking space and its controls shall meet ADA standards for accessibility to persons with physical disabilities.

(2)

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

(3)

Pedestrian Connections. A safe pedestrian connection shall connect the EV charging area to internal and external pedestrian or multi-modal transportation routes via sidewalks and appropriately marked crosswalks.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

Purpose. Food truck parks provide an opportunity for up-and-coming restaurants to grow into brick-and- mortar establishments while offering a variety of cuisine options to the public. Because food truck parks may provide outdoor entertainment, pop-up markets, or other similar activities in addition to a selection of food trucks, they require additional siting standards.

B.

Outdoor Entertainment and Pop-Up Markets. Food truck parks may offer outdoor entertainment, markets, or other similar activities in conjunction with rotating food trucks when located a minimum of one hundred (100) feet from an R-1 or R-2 zoning district. All entertainment shall abide by the City's noise ordinance Chapter 46, Article II., Division 2 of the City Code.

C.

Design. All permanent structures shall have a unified architectural theme and consistent finishes and colors, including facades not visible from the right-of-way. The food truck park shall include:

(1)

Permanent sanitary facilities;

(2)

ADA-accessible and stabilized pedestrian access to the food truck areas;

(3)

Seating options; and

(4)

Covered seating options for a minimum of thirty percent (30%) of the total seats.

D.

Food Truck Rotation. Food trucks should be rotated on a regular basis to provide variety for the patrons. In no event shall a food truck be modified to be temporarily or permanently anchored resembling a permanent structure nor remain onsite for more than one hundred and eighty (180) days.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

Purpose. In addition to the requirements contained in this section, Helipads shall comply with all Federal Aviation Administration, Florida Department of Transportation, Division of Aeronautics, and all other applicable state and federal standards.

B.

Separation. All heliports shall be located a minimum of three hundred (300) feet from any residentially zoned property.

C.

Expiration. The Special Exception will expire if a proposed helipad fails to obtain, or is denied, the appropriate permit from the state within one (1) year of the Special Exception approval date.

D.

Design. Specifications, design, and operation of helipads shall be conducted in accordance with the Federal Aviation Authority (FAA) Heliport Design Guide and Florida Department of Transportation licensing requirements.

E.

Inoperable Aircraft. Helipads are not intended for the repair or restoration of helicopters. Inoperable aircraft shall be removed by the property owner.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

Purpose. Model homes are intended to facilitate the sale of the model design, or products similar in design to the model and is not intended to allow the full scope of real estate activities. Model homes are allowed as a permissible primary use in Village districts, subject to compliance with special district or homeowner association requirements for converting to a one-and-two-family use when the property is no longer used as a model. In other districts, model homes may be allowed as a conditional use, a special exception or may be prohibited. Where the use tables indicate a model home as CU or SE, the following standards, along with all the zoning and building requirements for a residence in the zoning district in which it is located apply:

B.

Parking. Three (3) off-street vehicular parking spaces, including the garage, shall be provided on the model site or on an abutting property under common ownership.

(1)

On-site parking. A parking space may be provided in the garage if not converted to office space. A handicap parking space is required and shall count as one (1) of the three (3) required spaces.

(2)

Offsite parking. Adjacent single-family lot(s) may be used for model home parking. A plan to provide parking on an adjacent parcel shall require a surety deposit payable to the City of North Port to convert the property back to a residential or other allowable use when the structure is converted or sold. The deposit shall cover the costs associated with the conversion of the parking lot. The deposit shall be based on no less than one hundred and ten percent (110%) of the estimated cost by a professional engineer licensed in the State of Florida which shall be signed and sealed by the engineer and found to be acceptable to the City. Funds and shall be returned upon conversion of the site to a residential or other permitted use, the entire amount if the work is completed by the applicant, or the remaining funds if the City completes the work.

(3)

A hedge row of at least thirty-six (36) inches in height shall be planted and maintained around the vehicular parking area.

(4)

Onsite or offsite parking shall be a paved or approved impervious surface with appropriate signs and markings, including handicap parking.

(5)

Treatment of stormwater runoff will be required for the first inch of runoff from the paved area associated with the parking lot area only.

C.

ADA Compliance. Handicapped standards shall be met throughout the home, including access per the Florida Building Code and handrail and grab bar requirements.

D.

Garage Office. For any garage being used as an office for a model home the applicant must submit the following:

(1)

Plan of garage-office facility, including false walls, temporary electrical, and plumbing.

(2)

Plan showing how garage will be converted to meet the requirements of Section 4.4.1.H., if applicable.

(3)

$10,000.00 refundable surety to ensure the garage is converted back to the standards for R-1 home usage.

E.

Time Limits. Model home shall be allowed by conditional use or special exception per the use tables and may remain in use as a model for no more than ten (10) years.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

Purpose. Offsite and commercial parking applies to land developed primarily parking facilities, disconnected from another primary use.

B.

Buffers. A Type C landscape buffer is required around the entire site, regardless of adjacent zoning.

C.

Enhanced Landscaping. The parking area shall include the following to offset the heat-island effect:

(1)

Minimum landscape islands of two hundred (200) square feet;

(2)

Landscape islands every ten (10) linear parking spaces; and

(3)

One (1) canopy tree, per Chapter 4, Article III., Section 4.3.4., of this ULDC in each landscaped island.

D.

Pedestrian Connections. Parking areas shall connect to sidewalks and multi-use trails adjacent to the site.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

Outdoor Storage. Outdoor storage is prohibited unless it is dedicated to the storage of light passenger vehicles and trucks, medium duty vehicles, recreational vehicles, and/or boats. All outdoor storage areas shall be screened from view with an eight (8) foot tall one hundred percent (100%) opaque fence or wall.

B.

Enhanced Landscaping. A landscaped area with a minimum width of ten (10) feet shall be provided around the perimeter of the site, unless a wider buffer is required by Chapter 4, Article III., Section 4.3.12. of this ULDC. Perimeter landscaping shall consist of a minimum of three (3) canopy trees per one hundred (100) feet, three (3) accent trees per one hundred (100) feet, and thirty-three (33) shrubs per one hundred (100) feet. Palms trees cannot be used to meet the minimum planting requirement of this section. All shrubs shall be installed at a minimum height of thirty-two (32) inches and be in a minimum seven- (7) gallon container at the time of planting.

C.

Design. Building facades visible from a right-of-way shall comply with the following:

(1)

No roll-up doors shall face a right-of-way.

(2)

Any facade visible from the public right of wav shall present the appearance of an office or retail commercial use by incorporating the below design features.

a.

Blank walls shall occupy no more than fifty percent (50%) of a street-facing frontage and shall extend no more than thirty (30) linear-feet without being interrupted by a window or entry.

b.

Fifty percent (50%) of the ground floor must consist of windows, stylized facades, or doors.

c.

A minimum of thirty percent (30%) glazing on the front and rear and fifteen percent (15%) on the sides.

d.

Buildings that are more than one hundred and fifty (150) feet in length/width shall comply with the following for all building walls and frontage walls facing the street: No more than sixty (60) feet of horizontal distance of wall shall extend without architectural relief that is a minimum of thirty (30) feet wide and three (3) feet deep.

D.

Onsite Operations.

(1)

Personal storage establishments shall be limited to use for personal storage only. The personal storage establishment may offer vehicles for sale or rent on the property provided that the personal storage establishment owns or leases the vehicles and places them in the rear of the establishment. No other commercial or industrial use shall be permitted.

(2)

The personal storage establishment operator shall notify each tenant that the unit shall not be used for the maintenance or repair or the storage of animals, hazardous materials, and waste, or any other noxious or dangerous materials.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

Setbacks. Buildings, pump islands, and canopy structures shall meet the setback standards of the zoning district. Canopy setbacks are measured from the edge of the canopy.

B.

Design. All structures on site, including perimeter walls, canopy columns, and accessory structures, shall have a unified architectural theme and consistent finishes and colors, including facades not visible from the right-of-way.

C.

Glazing. Glass windows and doors shall constitute at thirty percent (30%) of the front elevation and fifteen percent (15%) of the side elevations.

D.

Storage. Combustible materials in receptacles greater than fifty-five (55) gallons shall be stored underground according to the applicable local, state, and federal standards. The accumulation and storage of waste petroleum products shall comply with Environmental Protection Agency (EPA) standards.

E.

Stormwater. Stormwater runoff from the fueling and storage tank loading areas shall be directed to an oil/gas/water separator prior to entering the project's surface water treatment area.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

A.

Purpose. Wireless communication towers are necessary infrastructure that may pose aesthetic and safety concerns.

B.

Co-Location. Wireless communication towers shall be co-located whenever possible. When co-location on an existing tower, building, or structure has been attempted and determined to be infeasible, the applicant shall provide the City documentation on the inability to co-locate, including:

(1)

The results of a service study demonstrating that the proposed equipment cannot be accommodated on an existing or approved but unbuilt structure within three-fourths (0.75) miles from the proposed location for one (1) or more of the following reasons:

a.

Structural Limitation. The proposed equipment would exceed the structural capacity of the existing or approved structure, as documented by a licensed professional engineer, and the existing or approved structure cannot be reinforced, modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost.

b.

Interference. The proposed equipment would cause interference or obstruction materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified professional and the interference or obstruction cannot be prevented at a reasonable cost.

c.

Insufficient Height. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a licensed, if applicable, professional.

d.

Lack of Space. Evidence from the applicant of the lack of space on existing towers or other structures within the search radius to accommodate the proposed facility, verified by a licensed professional.

e.

Other Factors. Other reasons that make it unfeasible to locate the planned equipment upon an existing or approved tower or building as documented by a qualified and licensed, if applicable, professional.

f.

Technical Consultants. The City shall have the right to retain independent technical consultants and experts that it deems necessary to properly evaluate applications for wireless telecommunications facilities or towers.

C.

Fall Zone. In the event of a catastrophic failure or collapse, towers shall be designed to collapse within an engineered fall zone lying wholly within the lot lines of the parcel containing the tower. Such fall zone shall be certified by a professional engineer, licensed in the State of Florida.

D.

Tower Design for Co-Location. A proposed tower shall be designed to allow for future rearrangement of antennas to provide space at varying elevations to accommodate future co-location.

E.

Monopoles or Stealth. Towers shall be monopole or stealth design.

F.

Illumination. Towers shall not be artificially lighted except as required by federal or state regulations.

G.

Surface or Finish Color. All towers shall be painted or have a non-contrasting finish that minimizes the visibility of the facility from public view, except where contrasting color is required by federal or state regulation. In addition, the exterior of support facilities shall be designed to be compatible with the architectural design prevailing among the structures in the surrounding developed area.

H.

Signs. The tower's main access gate shall have an affixed sign, not to exceed two (2) feet by three (3) feet in size, which displays the owner's or permittee's name and an emergency telephone number.

I.

Maximum Height. The maximum height of towers shall be one hundred (100) feet if the tower is designed for one (1) service provider, one hundred and twenty (120) feet if the tower is designed to accommodate two (2) service providers, or one hundred and fourty (140) feet if the tower is designed to accommodate three (3) or more service providers.

J.

Landscape Screening. The accessory components to the tower shall be screened from view by an eight (8) foot high fence, hedges at a minimum height of four (4) feet, and a minimum of eight (8) trees planted outside of the hedge buffer.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]