The provisions of this article are applicable in those instances in which the appropriate reference is made to the provisions in article V, division 2 of this chapter, or when the particular provision clearly is applicable, notwithstanding the absence of an indication of applicability in article V, division 2 of this chapter.

(Code 1985, § 7-1001)

The uses indicated by the abbreviation "SE" in article V, division 2 of this chapter are permitted in the zones designated only after a public notice and hearing by the zoning board of adjustment. The zoning board of adjustment shall have the authority to require any appropriate conditions or safeguards which in the judgment of the zoning board of adjustment are necessary to protect the basic character of the neighborhood or area, per article II, division 3 of this chapter, pertaining to special exceptions.

(Code 1961, § 22-8(1); Code 1985, § 7-1002; Ord. No. 2311, § 2, 10-6-92; Ord. No. 2608, § 5, 6-11-96)

Model manufactured home centers shall be permitted in the B-4 district as a special exception, per section 122-1182, subject to the following provisions:

(1)

Model manufactured home centers must adhere to all site plan requirements as per article IV of this chapter.

(2)

Model manufactured home centers may display a maximum of six new manufactured homes per acre, with a total aggregate not to exceed 18.

(3)

The process of assembling the sections of the model manufactured homes for display may take place on-site. The total number of models shall be assembled on-site within five working days from the date of delivery to the site.

(4)

Used manufactured homes or manufactured homes not set up as models shall not be stored on-site.

(5)

Each model manufactured home may be replaced a maximum of two times every calendar year.

(6)

One parking space shall be provided for each model manufactured home placed on the site.

(7)

Model manufactured home centers shall meet the landscape/open space requirements of section 118-132. In addition, each model manufactured home shall be required to have the following landscaping:

a.

Two small trees six to eight feet in height are required. Trees shall be Florida No. 1 (see section 122-260(e)(4) and (5)).

b.

Thirty hedge plants are required (see section 122-260(e)(2)).

c.

All open space areas shall be sodded.

(8)

All model manufactured homes shall be set back from the street or adjacent properties a minimum of 25 feet from the front lot line, ten feet from the side lot lines and 20 feet from the rear lot line. This also includes the setbacks for the buffer requirements. The minimum distance between model manufactured homes shall be 20 feet.

(9)

Each model manufactured home shall have exterior skirting on all sides from the base of the floor to the ground. Such skirting may be wood, metal, stone or any other material approved by the building official, but in no event shall the skirting be less than 75 percent opacity.

(Code 1985, § 7-1004; Ord. No. 2309, § 2, 10-6-92)

Cross reference— Mobile homes and mobile home parks, ch. 98.

(a)

It is the intent of this chapter to limit to specific districts the wholesale packing, shipping or processing of foodstuffs. Orange juice stands, and the accessory packing and shipping of gift boxes of fruit related to the main use of retail selling, are to be deemed retail uses. Retail produce stands shall be permitted in a completely enclosed structure, with no outdoor display, sales, storage or processing, in a B-1 or B-2 zone. Retail produce stands as defined in this section with outdoor display, sales, storage or processing shall be permitted in an A-1, B-4 or B-5 zone. Any processing, packing, crating or shipping other than the retail selling of goods produced on the premises shall be located in B-5, M-1 or M-2 zone.

(b)

This section may be referred to in article V, division 2 of this chapter by the number "5."

(Code 1961, § 22-8(5); Code 1985, § 7-1005; Ord. No. 2206, § 1, 3-5-91; Ord. No. 2275, § 65, 5-5-92)

The sale of beer, wine, ale, liquor and other intoxicating beverages for on-premises consumption is permitted in zones indicated by the number "6" in article V, division 2 of this chapter only as an incidental use to a restaurant serving food. Indications in article V, division 2 of this chapter that the sale of beer, wine, ale, liquor and other intoxicating beverages is permitted in any zoning district shall not in any way be deemed to repeal, limit or qualify the application of all or any portion of chapter 6.

(Code 1961, § 22-8(6); Code 1985, § 7-1006)

Cross reference— Alcoholic beverages generally, ch. 6.

(a)

Open parking lots for the parking of automotive vehicles, when located on a separate plot for the parking of customers, owners or employees of business uses, where such lot is contiguous to a residentially zoned area, shall be permitted only after a public hearing upon approval of a site plan by the planning and zoning commission. Such open parking lots shall be subject to the following requirements:

(1)

The plot shall have a front yard of not less than 25 feet, maintained in lawn and not used for parking or any structure.

(2)

No signs shall be permitted other than unlighted entrance and exit markers, not exceeding two square feet in area.

(3)

The parking area shall be provided and maintained with a stable surface treated and graded so as to prevent dust and surface water accumulation.

(4)

No sales or service activities shall be permitted.

(5)

No movement of vehicles shall be permitted after 11:00 p.m. or before 6:00 a.m.

(b)

This section may be referred to in article V, division 2 of this chapter by the number "7."

(Code 1961, § 22-8(7); Code 1985, § 7-1007)

Cross reference— Stopping, standing and parking generally, § 66-61 et seq.; off-street parking and loading, § 122-981 et seq.

Signs are permitted only under the provisions of chapter 110.

(Code 1961, § 22-8(8); Code 1985, § 7-1008; Ord. No. 2275, § 66, 5-5-92)

Cross reference— Signs generally, ch. 110.

(a)

It is not the intent of this chapter to regulate the location of manufacturing operations in the M-1, M-2 or M-3 zones according to what is manufactured. It is the intent of this chapter to separate manufacturing operations on the basis of the amount of noise, smoke, odor or other obnoxious elements normally associated with manufacturing processes. Therefore, any use established or changed to, and any building, structure or tract of land developed, constructed or used for, any permitted or permissible principal or accessory use shall comply with all of the performance standards set forth in article V, division 2 of this chapter for the district involved. If any existing use or building is extended, enlarged or reconstructed, the performance standards apply with respect to such extended, enlarged or reconstructed portion of such use of building or other structures.

(b)

This section may be referred to in article V, division 2 of this chapter by the number "10."

(Code 1961, § 22-8(10); Code 1985, § 7-1009; Ord. No. 2275, § 67, 5-5-92)

Low impact manufacturing shall be permitted as a special exception in the B-3C district, per section 122-1182, subject to the following provisions:

(1)

All production must be completely enclosed in a single-use facility. An accessory building or structure may be used for storage.

(2)

Building size shall be limited to 40,000 square feet or less.

(3)

No outdoor manufacturing or storage is permitted.

(4)

No bulk storage of hazardous materials is permitted.

(5)

Low impact manufacturing shall adhere to all site plan requirements as per article IV of this chapter.

(6)

Low impact manufacturing shall adhere to the requirements of sections 122-705 through 122-707.

(7)

Low impact manufacturing shall adhere to the requirements of section 122-260(d).

(8)

Low impact manufacturing shall adhere to the requirements of article VIII of this chapter.

(9)

As part of the special exception, the applicant shall provide a sketch plan showing the required parking spaces and landscaped buffer, as well as the location and size of the building. The applicant shall include a list of potential activities that will be used on the site.

(Code 1985, § 7-1020; Ord. No. 2402, § 3, 9-7-93)

The assembly of electronic components shall be permitted in the B-2, B-4, B-5 and SC zones as a special exception, per section 122-1182. No special exception shall be granted in these zones to a building with more than 12,000 square feet of area.

(Code 1985, § 7-1021; Ord. No. 1804, § 2, 11-19-85; Ord. No. 2751, § 42, 8-19-97)

It is the intent of this chapter to prevent incompatibility of use, and, to that end, residential uses are prohibited in certain zoning districts. There presently exist in these districts residential uses. Residential structures existing as of the effective date of the ordinance from which this chapter is derived (July 20, 1965) in zones from which such structures would be barred under this chapter shall be deemed conforming structures.

(Code 1961, § 22-8(13); Code 1985, § 7-1010; Ord. No. 2275, § 68, 5-5-92)

Editor's note— Ord. No. 2018-42, § 37, adopted September 25, 2018, repealed § 122-1192, which pertained to residence-emergency veterinarian service and derived from the 1985 Code; and Ord. No. 2344, adopted January 5, 1993.

(a)

No travel, boat, utility or horse trailer shall be parked or stored in the R-1, R-1A, R-1AA, R-2 or R-3 district in any front or side yard.

(b)

No commercial vehicles over three-fourths ton shall be parked or stored in the R-1, R-1A, R-2 or R-3 districts.

(c)

Use of trailers with wheels for storage purposes is prohibited, except in B-5, M-1, M-2 and M-3 zoning districts. However, upon approval of a permit issued by the building official, a temporary storage trailer may be allowed in other nonresidential zones for a maximum period of 60 days, which period may be extended for 30-day intervals upon approval by the building official.

(d)

Temporary portable storage containers are allowed on a temporary basis as an accessory use on lots containing a dwelling, subject to all of the following:

(1)

All property owners are required to obtain a no-fee permit from the building official.

(2)

On lots developed with detached single-family dwellings:

a.

Temporary portable storage containers are permitted for a period not to exceed a total of 30 days within any consecutive six-month period. However, in cases where a dwelling has been damaged by natural disaster or casualty, the building official is authorized to allow a temporary portable storage container for a longer period.

b.

Temporary portable storage containers may not exceed a cumulative gross floor area of 260 square feet.

c.

Temporary portable storage containers must be located on a driveway or other paved surface and may not be located in the rear yard.

(3)

On lots developed with residential buildings other than detached single-family dwellings:

a.

Temporary portable storage containers are permitted for a period not to exceed 72 hours within any consecutive six-month period. However, in cases where a dwelling has been damaged by natural disaster or casualty, the building official is authorized to allow a temporary portable storage container for a longer period.

b.

Temporary portable storage containers may not exceed a cumulative gross floor area of 130 square feet for each dwelling unit.

c.

Temporary portable storage containers must be located on a driveway or other paved surface and may not be located in a required exterior setback or utilize any required parking spaces.

(4)

On lots with nonresidential uses:

a.

Temporary portable storage containers are permitted for a period not to exceed a total of 60 days within any consecutive six-month period. However, in cases where a use has been damaged by natural disaster or casualty, the building official is authorized to allow a temporary portable storage container for a longer period.

b.

Temporary portable storage containers may not exceed a cumulative gross floor area of 400 square feet.

c.

Temporary portable storage containers shall not be located in required parking spaces, landscaped areas or buffers. The location of the portable storage container will be determined as part of the permitting process.

(5)

Temporary portable storage containers shall not exceed 8½ feet in height.

(6)

This subsection shall not pertain to a temporary portable storage container being used as part of a construction site that requires a building permit.

(Code 1961, § 22-8(16); Code 1985, § 7-1013; Ord. No. 2275, § 71, 5-5-92; Ord. No. 2016-15, § 2, 1-5-16)

Cross reference— Stopping, standing and parking generally, § 66-61 et seq.

(a)

After giving public notice and holding a public hearing, the planning and zoning commission, with the approval and consent of the city council, may permit the construction of a single-family residence on a lot in a general business (B-4) district or on a lot in a wholesale business (B-5) district, providing:

(1)

Only one such residence shall be erected on any parcel of land in the same ownership.

(2)

Yards shall be provided as for a single-family residence in the two-family residential (R-2) district.

(3)

A site plan shall be submitted with the request. Site plan approval shall be governed by article IV of this chapter.

(4)

The planning and zoning commission shall find, as a prerequisite of the approval of the permit, that there are not factors of health, safety or morals which should prevent the issuance of the permit by reason of existing commercial activity in the immediate area surrounding the lot on which the erection of a single-family residence is sought.

(b)

An attached single-family residence may be allowed in conjunction with a commercial use, if it is attached and incidental to the main use. This residence shall be occupied by an owner, security personnel, an employee or an operator. The procedure for issuance of a building permit shall be the same as in subsections (a)(1), (3) and (4) of this section, except no public hearing before the planning and zoning commission shall be required. This activity shall be allowed in B-4 and B-5 zoning districts.

(c)

This section may be referred to in article V, division 2 of this chapter by the number "18."

(Code 1961, § 22-8(18); Code 1985, § 7-1014; Ord. No. 2275, § 72, 5-5-92; Ord. No. 2018-42, § 38, 9-25-18)

(a)

A church/place of worship shall be permitted as a special exception in the A-1, R-2, R-3, M-H, and B-3C zoning districts.

(b)

A church/place of worship shall be permitted subject to a special exception in the following:

1.

R-1 zoning district with a minimum of five acres.

2.

R-1A and R-1AA with a minimum of three acres, except for the parcels rezoned by Ordinance No. 5674, which shall have a minimum lot requirement of 10,000 square feet.

(c)

A church/place of worship that operates a school for children in grades 1 through 12 shall require a zoning change to the institutional (INST) district. A school does not include day care facilities (nursery school, pre-kindergarten and kindergarten) or separate facilities used for church-related activities.

(Code 1961, 22-8(19); Code 1985, § 7-1015; Ord. No. 1947, 3, 8-18-87; Ord. No. 2275, § 73, 5-5-92; Ord. No. 5675, § 1, 6-6-07; Ord. No. 5974, § 12, 4-21-09; Ord. No. 5974, § 14, 12-23-09; Ord. No. 2018-42, § 39, 9-25-18)

(a)

Self-service gasoline stations shall be that portion of property where flammable and combustible liquids used as motor fuels are stored and subsequently dispensed from fixed, approved dispensing equipment into the fuel tanks of motor vehicles by persons other than the service station attendant.

(b)

In a B-1 or B-1A zone, products and service shall be limited to distribution of gasoline and the adding of oil. No oil changes shall be allowed on such premises.

(c)

Separate operating instructions and warning signs shall be provided and not included in the aggregate amount of signage allowed.

(d)

A self-service gasoline station shall abide by the requirements set forth in sections 122-1262, 122-1263 and 122-1264.

(e)

Requirements of F.S. § 526.141 shall be satisfied, and any rules and regulations developed by the division of the state fire marshal.

(f)

A self-service gasoline station/convenience store may have up to 20 indoor seats for food and beverage consumption, subject to the other limitations of this chapter.

(g)

Self-service/convenience stores in an SC zoning district shall comply with the following requirements:

(1)

The use must front on a public arterial road.

(2)

Access will be limited to an internal connection from the shopping center or a road/driveway designed to serve that shopping center.

(3)

The design, scale and landscaping of a self-service gasoline station/convenience store shall meet the requirements of section 122-923.

(Code 1961, § 22-8(23); Code 1985, § 7-1016; Ord. No. 2753, § 23, 8-19-97; Ord. No. 5406, § 44, 7-12-05; Ord. No. 2015-5, § 2, 11-18-14; Ord. No. 2021-33, § 14, 3-16-21)

(a)

The retail sales of new automobile parts and accessories shall be allowed in a B-2A zone as a permitted use. This activity shall not include as an accessory use a machine shop or any other machinery other than office equipment. This activity may also include the retail sales of recycled automobile parts and accessories.

(b)

This section may be referred to in article V, division 2 of this chapter by the number "25."

(Code 1961, § 22-8(25); Code 1985, § 7-1017)

(a)

An assisted living facility shall be permitted in the R-2 district as a special exception, per section 122-1182, subject to the following provisions:

(1)

A minimum of 300 square feet of indoor living space shall be provided for each occupant of the structure.

(2)

Occupancy of the structure is not to exceed eight persons, including the owner or resident operator of the facility.

(3)

An assisted living facility with R-2 zoning is allowed in the city's low, medium and high density residential land use designations.

(4)

Parking requirements shall be as follows:

a.

One parking space for each three persons occupying the structure;

b.

One parking space for each employee; and

c.

One parking space for each owner or resident operator of the structure.

(5)

The structure shall meet the city building code requirements, life safety code requirements and housing code requirements pertaining to the intended use.

(6)

The board of adjustment may place any reasonable special conditions on the applicant to ensure that the proposed use conforms with the residential character of the neighborhood; especially, the prevailing dwelling unit density, the anticipated number of nonresident employees, the availability of parking, and the use of fencing and landscaping of service areas to shield the facility from the surrounding neighborhood.

(7)

The applicant must either be in possession of any license required by the state to operate such a facility, or be in the posture to receive a license. Under no circumstances will permits or occupational licenses be issued by any city department until such state license is presented to the building official.

(b)

An assisted living facility shall be a permitted use in the R-3, 0-1, OP, B-2, B-2A and B-4 districts, subject to the following provisions:

(1)

A minimum of 300 square feet of indoor living space shall be provided for each occupant of the structure.

(2)

Parking requirements shall be as follows:

a.

One parking space for each three beds; and

b.

One parking space for each two employees.

(3)

An assisted living facility with R-3 zoning is allowed in the city's medium and high density residential land use designations.

(4)

The number of units for an assisted living facility is based on the following: Two persons equals one unit for a facility with elderly residences that have some limitations for social and personal care, and three beds equals one unit for a facility for children, disabled adults and the elderly in nursing homes.

(5)

The structure shall meet the city building code requirements, life safety code requirements and housing code requirements pertaining to the intended use.

(6)

The applicant must either be in possession of any license required by the state to operate such a facility, or be in the posture to receive a license. Under no circumstances will permits or occupational licenses be issued by any city department until such state license is presented to the building official.

(c)

A transitional recovery facility shall be a permitted use in the B-2, B-2A and B-4 districts, subject to the following provisions:

(1)

A minimum of 300 square feet of indoor living space shall be provided for each occupant of the structure.

(2)

Parking requirements shall be as follows:

a.

One parking space for each three beds; and

b.

One parking space for each two employees.

(3)

All structures shall meet the city building code requirements, life safety code requirements, and housing code requirements pertaining to the intended use.

(4)

If a license to operate the facility is required by federal, state or local law, the applicant must either be in possession of such a license to operate such a facility, or be in the posture to receive a license. Under no circumstances will permits or occupational licenses be issued by any city department until such license is presented to the building official.

(5)

A transitional recovery facility shall adhere to all site plan requirements as per article IV of this chapter.

(d)

A transitional recovery facility shall be permitted in the R-3 zoning district as a special exception, subject to the following provisions:

(1)

The city council shall consider the application for a special exception pursuant to the provisions of:

a.

This subsection; and

b.

Article II, division 3 of this chapter but all references therein to the "zoning board of adjustment" or the "board of adjustment" shall be deemed to refer to the city council.

(2)

A minimum of 300 square feet of indoor living space shall be provided for each occupant of a structure.

(3)

Minimum parking requirements shall be as follows:

a.

One parking space for each three beds; and

b.

One parking space for each two employees.

(4)

A transitional recovery facility shall not be permitted in the city's low density residential land use designation.

(5)

A transitional recovery facility shall not be permitted in a historic district created or designated as such under chapter 94 of this Code or by United States Department of Interior National Park Service.

(6)

All structures shall meet the city building code requirements, life safety code requirements, and housing code requirements pertaining to the intended use.

(7)

If a license to operate the facility is required by federal, state or local law, the applicant must either be in possession of such a license to operate such a facility, or be in the posture to receive a license. Under no circumstances will permits or occupational licenses be issued by any city department until such license is presented to the building official.

(8)

No transitional recovery facility shall be located within 1,000 feet of any other transitional recovery facility. The expansion of a facility under the same ownership that is permitted under subsection 122-1198(c) and contiguous (i.e., not separated by public right-of-way) to an R-3 zoned property, is not subject to this requirement. The distance requirements between two transitional recovery facilities shall be measured from property line to property line.

(9)

City council may place any reasonable special conditions, in addition to those provided in this subsection and article II, division 3, of this chapter, on the special exception to ensure that the proposed use conforms with the residential character of the neighborhood; especially concerning: The prevailing dwelling unit density, the anticipated number of nonresident employees, lighting, service facilities, the type of activities and time limits regarding outdoor activities.

(10)

A transitional recovery facility shall adhere to all site plan requirements as per article IV of this chapter.

(11)

This special exception shall be limited to the proposed applicant or owner to whom the special exception is granted and shall be subject to the requirements of this subsection and article II, division 3 of this chapter. Any changes in ownership or to the use of the property will require a new special exception application.

(Ord. No. 1616, § 22-8(17), 12-13-83; Code 1985, § 7-1018; Ord. No. 2275, § 74, 5-5-92; Ord. No. 2730, § 12, 6-3-97; Ord. No. 4053, § 2, 6-5-01; Ord. No. 5043, § 16, 4-9-02; Ord. No. 2015-36, § 4, 6-2-15)

Editor's note— Ord. No. 2021-81, § 50, adopted Sept. 28, 2021, repealed § 122-1199 entitled "Sale of antennas," which derived from: Code 1961, § 22-8(24); Code 1985, § 7-1019; and Ord. No. 1718, § 2, adopted Dec. 4, 1984.

(a)

Adult use establishments shall be permitted in the B-5 wholesale business district, subject to the following locational criteria:

(1)

No adult use establishment, including an adult bookstore operating only as an adult bookstore, may be located within 500 feet of any A-1, R-1, R-1A, R-1AA, R-2, R-3, RO, RBH, RZL, MH, INST or G-U district or any residential use, or within 500 feet of any church/place of worship, private or public school, day care facility, park/open space area, indoor recreation facility or commercial recreation facility (indoor or outdoor) which is validly located or has previously received legal authority to locate.

(2)

The distance requirements shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from any entrance regularly used by patrons of the adult use establishment to the nearest property line of the zoning districts or uses identified in subsection (a)(1) of this section.

(3)

Distance requirements between adult uses.

a.

No adult use establishment may be located within 500 feet of any other adult use establishment.

b.

If a court determines that the distance requirement between adult use establishments in the foregoing subsection fails to leave open reasonably adequate alternatives to communication as required by applicable law (e.g. City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 106 S.Ct. 925 (1986), such distance requirement shall be unenforceable but the remainder of this section shall not be affected, it being the intent of the city council adopting this subsection that the distance requirement between adult uses be severable from the remainder of the provisions of this section.

(4)

The distance requirements between two adult use establishments shall be measured by following the shortest route of ordinary pedestrian travel along the principal streets in the area between the main entrances of the establishments.

(b)

Nothing in this section shall be construed to permit the operation of any business or the performance of any activity prohibited under any section in chapter 10, article III. Additionally, nothing in this section or chapter 10, article III shall be construed to authorize, allow or permit the establishment of any business, the performance of any activity, or the possession of any item which is obscene under the judicially established definition of obscenity.

(c)

An existing adult use establishment shall adhere to the requirements in section 10-173, pertaining to nonconforming adult use establishments.

(d)

An adult use establishment shall adhere to the requirements in section 10-202, pertaining to hours of operation.

(Code 1985, § 7-1022; Ord. No. 2513, § 3, 3-21-95; Ord. No. 5152, § 2, 3-13-03)

Cross reference— Adult entertainment, § 10-71 et seq.

(a)

Temporary commercial amusement activities shall be permitted as a special exception in the A-1, B-4, B-5 and institutional (INST) districts. Regulations in chapter 10, article II must be followed. Existing permanent structures used for nonprofit rodeos, horse shows and other such events are exempt from this section.

(b)

Churches/places of worship or schools located on five or more acres shall be permitted to have temporary commercial amusement activities as a special exception. Regulations in chapter 10, article II must be followed. Once a special exception is approved initially, applications received in subsequent years for the same event and on the same property as the initial application shall be reviewed administratively by the building official. The building official will determine if another special exception is necessary, and will base this review on the following criteria:

(1)

Operation of the past year activities;

(2)

Traffic and crowd control;

(3)

Parking;

(4)

Garbage removal;

(5)

Change in the amount of property used; and

(6)

Change in the character of the surrounding area.

(Code 1985, § 7-1023; Ord. No. 1947, § 6, 8-18-87; Ord. No. 2275, § 76, 5-5-92)

Cross reference— Amusements and entertainment generally, ch. 10.

Commercial outdoor baseball batting facilities shall be a special exception in the B-2 and B-4 districts, per section 122-1182, and a permitted use in the B-5 district, subject to the following provisions:

(1)

Commercial outdoor baseball batting facility hours of operation shall be from 9:00 a.m. to 10:00 p.m. If the facility is located in the B-2 and B-4 districts and not within 300 feet of a residential or institutional use, the board of adjustment may extend the hours of operation. If the facility is located in the B-5 district and not within 300 feet of a residential or institutional use, the building official may extend the hours of operation.

(2)

A commercial outdoor baseball batting facility abutting a residential or institutional use shall have a 25-foot-deep landscaped buffer area and a brick, stone or concrete block wall.

(3)

A commercial outdoor baseball batting facility in the B-2 district shall not include other commercial outdoor recreation uses. A commercial outdoor baseball batting facility in the B-4 and B-5 districts can include other commercial outdoor recreation uses as outlined in section 122-287, the table of permitted uses (#146, commercial outdoor recreation).

(4)

Parking requirements are as follows: two spaces per batting cage and one space per employee, plus one space per 300 square feet of indoor recreation.

(5)

All lighting must be directed away from vehicular traffic and adjacent uses and must be at least 35 feet from residential or institutional uses or ten feet from other uses.

(6)

All baseball batting cages shall meet the building setbacks outlined in section 122-1244, or be a minimum of 35 feet from the front lot line and a minimum of ten feet from the side and rear lot lines.

(7)

As part of the special exception, the applicant shall provide to the board of adjustment a sketch plan showing the required parking spaces, lighting, landscaped buffer, size of any buildings, and the number of baseball batting cages, as well as other commercial outdoor recreation uses.

(8)

A commercial outdoor baseball batting facility shall adhere to all site plan requirements as per article IV of this chapter.

(Code 1985, § 7-1025; Ord. No. 2522, § 2, 6-6-95)

(a)

A farmers' market shall be permitted in the FBC district without exception.

(b)

Applications for a farmers' market must be made to the downtown development manager. The downtown development manager will present the application to the downtown development commission (DDC) for its review. The DDC will make a recommendation to the city council and the application will then be presented to the city council for its action.

(c)

Once approved, the proper permits and licenses must be obtained from the building, zoning and licensing department.

(Code 1985, § 7-1024; Ord. No. 2419, § 12, 11-2-93; Ord. No. 2018-42, § 40, 9-25-18)

Recycling plants shall be permitted as a special exception in the M-3 district, per section 122-1182, subject to the following provisions:

(1)

Outdoor recycling that includes the mechanical processing of materials for purposes of changing their physical form shall not take place within 300 feet of a church, day care facility, school or residence, unless the processing that takes place is in a structure or building of which at least three sides are enclosed and the open side is facing away from the church, day care, school or residence.

(2)

Outdoor recycling and storage must be set back a minimum of 25 feet from the road right-of-way and ten feet from the railroad right-of-way and abutting properties.

(3)

Outdoor recycling and storage must be located in the side or rear yard. Corner lots must locate the outdoor recycling and storage in the rear yard (see definitions of side and rear yards in section 122-2).

(4)

Outdoor recycling and storage cannot be part of the required off-street parking area or open space requirements of the site plan.

(5)

Outdoor recycling and storage shall be screened by a stone, brick or concrete block wall or preformed, prepainted or precoated sheet iron fence (of not less than 26 gauge). The wall (see section 122-260(f)) or sheet iron fence shall be a minimum of six feet in height. If fronting on a public right-of-way, the wall or sheet iron fence must have a ten-foot-minimum landscaped area on the outer side. If abutting a less intensive use, the buffer requirements in section 122-260(c)(6) or (7) must be on the outer side of the wall or sheet iron fence. Landscaping shall include hedges and small trees as specified in section 122-260(e)(3), (4) and (5). The landscaping must be 100 percent irrigated and maintained.

(6)

Outdoor recycling and storage cannot be located in a required buffer as outlined in section 122-260. All landscaping shall be on the outer side of the required wall or sheet iron fence.

(7)

The wall or sheet iron fence required in subsection (5) of this section shall be maintained in an upright and safe condition.

(8)

Outdoor storage shall not exceed 15 feet in height above the ground surface; however, the board of adjustment can approve additional height, if the applicant submits a plan showing how it proposes to minimize the aesthetic impact of the additional height.

(9)

Recycling plants shall not operate an automobile shredder on the premises.

(10)

Recycling plants may buy vehicles and vehicle parts provided that the vehicles and vehicle parts are purchased solely for purposes of recycling through conversion of the vehicles and vehicle parts into a form in which they may be used as raw material feedstock in the manufacture of new products.

(11)

Recycling plants shall adhere to all site plan requirements as per article IV of this chapter and special exception criteria as per article II, division 3 of this chapter.

(12)

The applicant shall identify the type of recycling taking place and show the location of the outdoor recycling or outdoor storage on the sketch plan submitted as part of the special exception application. The sketch plan must also show ingress and egress to the site, internal circulation, and stacking for trucks and other vehicles.

(13)

Recycling plants shall adhere to the requirements of article VIII of this chapter, with the exception that the requirements of section 122-1144 and section 122-1145 shall not apply to rail transportation facilities.

(Code 1985, § 7-1028; Ord. No. 2659, § 4, 10-22-96)

Cross reference— Solid waste, ch. 54.

(a)

In the B-5 district the following uses are allowed: outdoor sales, subject to criteria in this section. The uses include boat sales, building material sales, construction/farm equipment sales, farmers' market, flea market, manufactured/mobile home sales, recreational vehicle sales and satellite antenna sales, and swimming pool, spa and hot tub sales. In the B-4 district, the following uses are allowed: outdoor sales, subject to the criteria in this section. The uses include the sale of used boats as a special exception, in conjunction with the sale of new boats, limited to 26 feet in length. In the M-1 district, construction/farm equipment sales are a special exception and subject to the criteria below. Garden and nursery sales (including outdoor sales/display) allowed in the B-4 and B-5 zoning districts are governed by Section 122-1212.

(1)

Outdoor sales must be set back a minimum of 25 feet from the right-of-way and ten feet from abutting properties. The setbacks must be landscaped with hedges and small trees as specified in section 122-260(e)(3), (4) and (5) and contain no impervious surface, except for sidewalks. The landscaping must be 100 percent irrigated and maintained.

a.

If abutting a residential, office, institutional or neighborhood business district or use, outdoor sales must be screened by a wall or berm. The wall (see section 122-260(f)) shall be a minimum of six feet in height in combination with a 25-foot-minimum landscaped buffer area on the outer side of the wall. The berm shall be a minimum of six feet in height with 3:1 side slopes (25 linear feet in depth) in combination with landscaping on the outer side of the berm. Landscaping shall include hedges and small trees as specified in section 122-260(e)(3), (4) and (5). The landscaping must be 100 percent irrigated and maintained.

b.

If separated by a two-lane street from a residential district or use, outdoor sales must be screened from public view by a wall or berm. The wall (see section 122-260(f)) shall be a minimum of six feet in height in combination with a 25-foot-minimum landscaped buffer area on the outer side of the wall. The berm shall be a minimum of six feet in height with 3:1 side slopes (25 linear feet in depth) in combination with landscaping on the outer side of the berm. Landscaping shall include hedges and small trees as specified in section 122-260(e)(3), (4) and (5). The landscaping must be 100 percent irrigated and maintained.

c.

In lieu of a wall or berm described in subsections (1)a. and b. of this section, the applicant can petition the building official and planning director to approve a six-foot privacy fence (wood/100 percent opacity) in combination with a 25-foot-minimum landscaped buffer area on the outer side of the fence. In addition to the hedges and small trees specified in section 122-260(e)(3), (4) and (5), the landscaped buffer area must include a second row of small trees every 25 linear feet. The landscaping must be 100 percent irrigated and maintained.

(2)

Outdoor sales cannot be part of the required off-street parking area or open space requirements of the site plan.

(3)

All unpaved areas used for outdoor sales shall include one of the following ground covers: sod, plant materials, brick, ornamental block pavers, gravel or wood chips.

(4)

The outdoor sales criteria include: all new uses with outdoor sales, any change of use when the new use is one that has outdoor sales, expansion of an existing use to include outdoor sales, and expansion of an existing area used for outdoor sales.

(5)

All outdoor sales must be located and the proposed use identified on the site plan for approval by the city's building official.

(Code 1985, § 7-1026; Ord. No. 2547, § 4, 8-15-95; Ord. No. 2887, §§ 4, 5, 9-22-98; Ord. No. 5182, § 4, 8-5-03; Ord. No. 2013-80, § 2, 9-17-13)

Outdoor sales of swimming pools, hot tubs and spas is allowed in the B-4 zoning district as a special exception with the approval of the zoning board of adjustment. Minimum criteria that must be met for this use in the B-4 zoning district are as provided in this section. These criteria must be shown on the site plan or sketch submitted with the application for a special exception, and must also be shown on the site plan submitted for site plan review. Additional criteria may be required by the zoning board of adjustment as authorized by article II, division 3 of this chapter, pertaining to special exceptions.

(1)

The business must meet the site plan requirements of the land development regulations.

(2)

In addition to the application material for a special exception required by article II, division 3 of this chapter, an elevation view of the aboveground swimming pools, hot tubs and spas that will be on display, the required skirting, and the required decks, as seen from rights-of-way, must be submitted.

(3)

Swimming pools, spas and hot tubs in an outdoor display area or outdoor display and sales area must be completely operational, including being filled with water, with pumps, filters, heaters, ladders, etc. Only completely operational swimming pools, spas and hot tubs are allowed outdoors.

(4)

A maximum of 30 percent of the area of the site may be used as an outdoor display area or outdoor display and sales area, subject to the other limitations in the land development regulations. This area must be identified on the site plan or sketch submitted with the application for a special exception and must be shown on the site plan submitted for site plan review.

(5)

Aboveground swimming pools, spas, hot tubs and the decking described in subsection (7) of this section must be set back a minimum of 25 feet from the right-of-way and ten feet from abutting properties. The setbacks must be landscaped with hedges and small trees as specified in section 122-260(e)(3), (4) and (5) and contain no impervious surface, except for sidewalks. The landscaping must be 100 percent irrigated and maintained.

(6)

In-ground swimming pools, spas and hot tubs must be set back a minimum of 25 feet from the right-of-way and ten feet from abutting properties. The setbacks must be landscaped with hedges and small trees as specified in section 122-260(e)(3), (4) and (5) and contain no impervious surface, except for sidewalks. The landscaping must be 100 percent irrigated and maintained.

(7)

The entire outer shell of aboveground swimming pools, spas and hot tubs must be encased by a wooden deck.

a.

This deck must be level with the top of the aboveground swimming pools, spas or hot tubs; except that hot tubs or spas set up as a display on the deck are exempt from this requirement.

b.

The deck must be wheelchair accessible and be a minimum of five feet in width to accommodate wheelchairs.

c.

Aboveground decks must meet the building code requirements for a railing.

d.

The building plans for the deck submitted to obtain a building permit must be sealed by a state certified engineer or architect showing that the mode and manner of construction will adequately withstand the loads imposed upon it.

e.

The decking shall include skirting from the top of the deck to the ground.

1.

This skirting may be of solid wood, metal, stone, lattice, provided that the spaces in the lattice are no larger than two inches square, or any other material approved by the zoning board of adjustment during its review of the special exception request.

2.

A hedge must be planted on the outside of the skirting (i.e., the side facing the right-of-way). At a minimum, the hedge plants must be three gallons, 24 inches in height, Florida Grade No. 1 or better, planted no more than three feet on center. The hedge must be 100 percent irrigated and maintained.

f.

Decking and skirting must be painted or stained and kept in good repair.

(8)

Outdoor swimming pools, spas and hot tubs must meet the requirements of chapter 82, article VIII, division 2, pertaining to swimming pool barriers.

(9)

The water in the swimming pools, spas and hot tubs must be clear and free of algae, leaves and other plant matter.

(10)

No outdoor storage of merchandise is allowed.

(Code 1985, § 7-1027; Ord. No. 2608, § 6, 6-11-96)

Cross reference— Swimming pool standards, § 82-211 et seq.

(a)

A transitional treatment facility shall be a permitted use in the B-2, B-2A and B-4 districts, subject to the following provisions:

(1)

A minimum of 300 square feet of indoor living space shall be provided for each occupant of the structure.

(2)

Parking requirements shall be as follows:

a.

One parking space for each three beds; and

b.

One parking space for each two employees.

(3)

All structures shall meet the city building code requirements, life safety code requirements, and housing code requirements pertaining to the intended use.

(4)

If a license to operate the facility is required by federal, state or local law, the applicant must either be in possession of such a license to operate such a facility or be in the posture to receive a license. Under no circumstances will permits be issued by any city department until such license is presented to the building official.

(5)

A transitional treatment facility shall adhere to all site plan requirements as per article IV of this chapter.

(6)

No transitional treatment facility shall be located within 300 feet of any other transitional treatment facility or transitional recovery facility. This does not include a medical campus that may include these uses. The distance requirements shall be measured from property line to property line.

(7)

A new transitional treatment facility shall not be located within 500 feet of any school. The distance requirements shall be measured from property line to property line.

(8)

A transitional treatment facility shall adhere to the requirements of chapter 15, article 1 (Sexual predators and offenders).

(Ord. No. 2020-20, § 7, 2-18-20)

Subject to the criteria below, a driving range, miniature golf, pitch and putt, and commercial recreation, outdoor shall be special exceptions in the B-2 and B-4 districts, per section 122-1182, and permitted uses in the B-5 district:

(1)

If a facility (driving range, miniature golf, pitch and putt, or commercial recreation, outdoor) is located within 300 feet of a residential or institutional use in the B-2 and B-4 districts, the board of adjustment shall set the hours of operation. If a facility (driving range, miniature golf course, pitch and putt, or commercial recreation, outdoor) is located within 300 feet of a residential or institutional use in the B-5 district, the building official shall set the hours of operation.

(2)

All uses shall have a 25-foot deep landscape buffer area.

(3)

Parking requirements are as follows:

a.

Driving range and miniature golf: one space for each hole or tee, one space for every two employees, and one space per 300 square feet of retail sales.

b.

Pitch putt facility: two spaces for each hole, one space for every two employees, and one space per 300 square feet of retail sales.

c.

Commercial recreation, outdoor:

1.

Miniature race car track: one space for each two miniature race cars, one space for every two employees, and one space per 300 square feet of retail sales.

2.

Bumper boats: one space for each two boats, one space for every two employees, and one space per 300 square feet of retail sales.

3.

Equestrian facility: one space per two stalls and one space for every two employees.

4.

Amusement park: one space for every three persons that the outdoor facilities are designed to accommodate when used to the maximum capacity and one space per 300 square feet of enclosed building area.

5.

Skateboard park: one space for each 600 square feet of use area, one space for every two employees, and one space per 300 square feet of retail sales.

(4)

All lighting must be directed away from the vehicular traffic and adjacent uses and must be at least 25 feet from residential and institutional uses or 10 feet from other uses.

(5)

All uses shall be a minimum of 25 feet from the front lot line and a minimum of 10 feet from the side and rear lot lines.

(6)

As part of the special exception application, the applicant shall provide to the board of adjustment a conceptual site plan showing the front, rear and side yard setbacks, landscape buffer, if any, location and size of any ancillary buildings, proposed layout of the facilities, the proposed parking area, and all lighting.

(7)

All uses shall adhere to all site plan requirements as per article IV of this chapter.

(8)

A pitch and putt facility must be designed and constructed as an environmentally responsible golf course in which environmental design and management are combined in order to protect the Floridan Aquifer from fertilizer (nitrates), pesticides and herbicides. The application for special exception must provide information to demonstrate that the criteria below are being met prior to issuance of a certificate of occupancy.

a.

Drought-tolerant vegetation, either native or naturalized, shall be used in areas of the pitch and putt and/or driving range which are not in play. Areas in play include, but are not limited to, tees, greens and fairways.

b.

For areas in play, including tees, greens and fairways, the selected turf grass shall consist of drought-tolerant, pest and disease resistant species which are adapted to the local climate.

c.

The developer and/or superintendent of the pitch and putt and/or driving range shall prepare and implement an integrated pest, plant and fertilization management plan that is consistent with the best management practices and integrated pest management practices specified by the United States Golf Association or other nationally recognized organizations. Such plan shall require the use of slow-release organic fertilizers and environmentally sensitive pesticides to minimize the amount of nitrates that will leach below the thatch layer of the mature turf grass. Furthermore, this plan(s) shall specify acceptable threshold levels for pests and shall identity control procedures for weeds, insects, and nematodes.

d.

Existing indigenous, non-nuisance (as defined in section 1189-32 herein) trees and vegetation that are healthy shall be preserved as natural buffers in areas that are not in play. Within areas that are in play, tree protection and removal shall be governed by chapter 118.

e.

All areas in play which are adjacent to a natural water body or jurisdictional wetland as determined by the Department of Environmental Protection, Southwest Florida Water Management District, St. John's Water Management District, or the corps of engineers shall be separated from the water body and/or wetland by a buffer zone that meets the depth and size requirements of the regulatory and permitting agency that has jurisdiction over the project site. Such buffer zone may be sodded, grassed or otherwise vegetated, but shall not be treated with fertilizers or pesticides.

f.

The applicant shall be required to submit to the city a plan that meets the requirements set forth in paragraphs a. through e. above that shall be signed and sealed by a landscape architect registered in the State of Florida.

(Ord. No. 2911, § 2, 12-9-98; Ord. No. 2960, § 2, 6-15-99)

Subject to the criteria below, playground equipment sales, outdoor shall be a permitted use in the B-4 and B-5 districts:

(1)

The maximum hours of operation for outdoor display or sales shall be from 8:00 a.m. to 9:00 p.m. If the facility is not within 300 feet of a residential or institutional use, the building official may extend the hours of operation.

(2)

Parking requirements are as follows: a minimum of one space per 1,500 square feet of outdoor display or sales area and one space per 300 square feet of indoor retail area.

(3)

All lighting must be directed away from vehicular traffic and adjacent uses, and must be at least 25 feet from residential or institutional uses or ten feet from other uses.

(4)

The outdoor display or sales area must be set back a minimum of 25 feet from the front lot line(s) and a minimum of ten feet from the side and rear lot lines. In lieu of a 25-foot front setback on a two-lane residential street, the applicant can petition the building official to approve a 15-foot setback in combination with a fence or wall.

(5)

The use must be consistent with the buffer and landscape requirements of subsections 122-260(c)(2), 122-260(c)(8), and 122-260(e). In lieu of the requirements of subsection 122-260(c)(8), the applicant can petition the building official to approve a six-foot privacy fence (wood or other material with 100 percent opacity) in combination with a 15-foot minimum landscaped buffer area on the outer side of the fence.

(6)

Outdoor display or sales shall be limited to the sale or display of playground equipment.

(7)

Outdoor display or sales area cannot be part of the required off-street parking area or open space requirements of the site plan.

(8)

Outdoor storage of merchandise, other than assembled and finished playground equipment, is not allowed except as otherwise expressly permitted by the Code.

(9)

All unpaved areas used for the outdoor display or sales area shall include one of the following ground covers: sod, brick, ornamental block pavers, gravel or wood chips.

(10)

The outdoor display or sales area must contain completely assembled and finished playground equipment sets.

(11)

A maximum of 40 percent of the area of the site may be used as an outdoor display or sales area, subject to the other limitations in the Code. This area and the number of playground equipment sets must be identified on the site plan submitted for site plan review.

(12)

Maximum height for the playground equipment shall not exceed 20 feet.

(Ord. No. 3048, § 4, 4-18-00)

(a)

A rooming/boarding house shall be permitted, subject to the other provisions of this chapter and the following provisions:

(1)

The owner or manager must live on premises or provide sufficient supervision to ensure compliance with applicable laws.

(2)

The building must pass annual inspections by the building official.

(3)

The owner obtains an occupational license pursuant to this code. Such license:

a.

Shall only be issued and maintained if the building passes its annual inspections;

b.

Shall state the number of occupants allowed in the building; and

c.

Shall be conspicuously displayed in the building.

(b)

A rooming/boarding house shall be permitted in the R-3 zoning district as a special exception, subject to the provisions in subsection (a) of this section and the following:

(1)

A minimum of 300 square feet of indoor living space shall be provided for each occupant of a structure.

(2)

Minimum parking requirements shall be as follows:

a.

One parking space for each three beds; and

b.

One parking space for each two employees.

(3)

A rooming/boarding house shall not be permitted in the city's low density residential land use designation.

(4)

A rooming/boarding house shall not be permitted in a historic district created or designated as such under chapter 94 of this code or by United States Department of Interior National Park Service.

(5)

All structures shall meet the city building code requirements, life safety code requirements, and housing code requirements pertaining to the intended use.

(6)

No rooming/boarding house shall be located within 1,000 feet of any other rooming/boarding house. The distance requirements between two rooming/boarding houses shall be measured from property line to property line.

(7)

The board of adjustment may place any reasonable special conditions, in addition to those provided in this subsection and article II, division 3, of this chapter, on the special exception to ensure that the proposed use conforms with the residential character of the neighborhood; especially concerning: the prevailing dwelling unit density, the anticipated number of nonresident employees, lighting, service facilities, the type of activities and time limits regarding outdoor activities.

(8)

A rooming/boarding house shall adhere to all site plan requirements as per article IV of this chapter.

(9)

This special exception shall be limited to the proposed applicant or owner to whom the special exception is granted and shall be subject to the requirements of this subsection and article II, division 3 of this chapter. Any changes in ownership or to the use of the property will require a new special exception application.

(Ord. No. 5043, § 17, 4-9-02)

(a)

A bed and breakfast shall be permitted in the R-3, RBH and OH zoning districts as a permitted use, subject to the following:

(1)

A bed and breakfast shall not be permitted in the city's low density residential land use designation.

(2)

All structures shall meet the city building code requirements, life safety code requirements, and housing code requirements pertaining to the intended use.

(3)

A bed and breakfast shall include living quarters on the premises or adjacent premises where the owner or operator must reside.

(4)

Individual guests are prohibited from staying at a particular bed and breakfast establishment for more than 14 consecutive days and a total of 30 days in any one-year period.

(5)

The only regular meal to be provided for guests shall be breakfast, and it shall only be served to guests staying at the facility.

(6)

Parking: one space per guestroom plus two spaces for residence. Spaces shall be located to the side and rear of the building and shall be screened from adjacent properties by a six-foot-high wood or masonry fence or by sight-obscuring vegetation of the same height.

(7)

Signage for properties located in the historic district shall be consistent with Section 110-160.

(b)

A bed and breakfast shall be permitted by special exception in the RBH zoning district with a low density residential land use, subject to the following:

(1)

The property must adjoin (not separated by a right-of-way for a street, a street, or a drainage retention area) a more intensive land use.

(2)

All structures shall meet the city building code requirements, life safety code requirements, and housing code requirements pertaining to the intended use.

(3)

A bed and breakfast shall include living quarters on the premises where the owner or operator must reside.

(4)

Individual guests are prohibited from staying at a particular bed and breakfast establishment for more than 14 consecutive days and a total of 30 days in any one-year period.

(5)

The only regular meal to be provided for guests shall be breakfast, and it shall only be served to guests staying at the facility.

(6)

All guest rooms shall be part of the primary residential structure and not specifically constructed for rental purposes.

(7)

Parking: one space per guestroom plus two spaces for residence. Spaces shall be located to the side and rear of the building and shall be screened from adjacent properties by a six-foot-high wood or masonry fence or by sight-obscuring vegetation of the same height.

(8)

Signage: one small, unlighted announcement sign, not exceeding three square feet in area, may be attached to and parallel with the front porch or wall of the building.

(Ord. No. 5043, § 18, 4-9-02; Ord. No. 5870, § 6, 7-22-08)

(a)

Garden and nursery sales establishments shall be a permitted use in the A-1, B-2, B-2A, B-4 and B-5 districts and as a special exception in the B-1 and B-1A districts subject to the following criteria:

(1)

Garden centers are permitted as an accessory use to a garden and nursery sales establishment subject to the following criteria:

a.

The garden center must be attached to the principal structure.

b.

In the A-1, B-1, B-1A, B-2, B-2A and B-4 districts, no outdoor storage, sales or display of goods shall be permitted outside of the garden center walls except as provided by subsection 122-282(b)(1). In the B-5 district, outdoor storage, sales or display of goods may be permitted outside of the garden center walls subject to site plan review.

c.

Walls constructed of materials architecturally harmonious (style, color scheme and materials) with the principal structure must enclose the garden center.

d.

The applicant will be required to submit with the site plan the elevations of all structures and buildings and the materials used to construct the garden center walls.

e.

A minimum of one-fourth of the area of the garden center must be covered by a permanent roof structure. The remaining area may be covered by a non-opaque shade structure to allow sunlight through.

f.

Nothing may be stacked or stored above the walls of the garden center.

(2)

Garden centers are permitted as a freestanding use in the B-4 and B-5 zoning districts subject to the following criteria:

a.

Outdoor sales/display must be set back a minimum of 15 feet from the right-of-way and ten feet from abutting properties.

b.

A garden center must include a building on site used as the sales center or office.

c.

All sites must meet the buffer requirements in section 122-260(c)(8).

d.

All materials for sale/display other than temporary sales and (e) below must be screened from public view by a wall or fence (minimum of six feet in height/100 percent opacity) with a 10-foot buffer. A buffer shall not apply if not adjacent to a right of way or a property line. In lieu of a wall or fence on a side property line (includes frontage on a secondary street) or rear property line, the applicant can petition the planning director as part of the site plan review process to approve a 20-foot minimum landscaped buffer area if not adjacent to a lesser intensive use or district. The landscaped buffer shall include at a minimum a hedge and small trees and shall be 100 percent irrigated and maintained. As part of the site plan review process, the planning director may also require other materials such as storage bins, containers and fabric covered areas in addition to the landscaping to help screen the display area from public view.

e.

A garden center is allowed to have a permanent display of materials for sale if approved by the planning director during the site plan review process.

f.

All unpaved areas used for outdoor sales/display shall include one of the following ground covers: sod, plant materials, brick, ornamental block pavers, gravel or wood chips.

g.

Nothing may be stacked above 10 feet.

(3)

Minimum parking requirements shall be as follows:

a.

One space per 300 square feet of building area and five spaces per acre of outdoor garden center sales and display area.

(4)

All retail uses shall be closed to the public between the hours of 11:00 p.m. and 7:00 a.m.

(5)

Garden and nursery sales establishments shall contain no outdoor speakers if located within 300 feet of a residential use or district.

(6)

No tractor-trailer truck deliveries will be permitted within 300 feet of a residential use or district between the hours of 9:00 p.m. and 7:00 a.m.

(7)

Dumpster and service areas must be completely screened from public view by an eight-foot wall or fence in combination with landscaping if within 300 feet of a residential use or district.

(8)

No freestanding light shall be more than 25 feet above ground surface. All lights shall be redirected in a manner to prevent off-site glare/lightwash.

(Ord. No. 5179, § 6, 7-8-03; Ord. No. 2013-80, § 3, 9-17-13)

(a)

A conference center shall be a permitted use in the R-3 zoning district, subject to the following:

(1)

A conference center must be compatible with the surrounding residential uses in terms of scale, roof lines and building materials.

(2)

If related in ownership to an adjacent or nearby use, then the exterior of a conference center shall be architecturally harmonious with that use in terms of scale, style, color scheme, and building materials.

(3)

A conference center shall not exceed 10,000 square feet per acre nor a height of two stories.

(4)

Building elevations will be required as part of the site plan process.

(5)

All activities/events must be conducted within the conference center.

(6)

A conference center shall not be permitted in the city's low density residential land use designation.

(7)

Parking must be consistent with subsection 122-1010(a)(11). However, the building official may allow a portion of the required parking to be located on an adjacent or nearby site if both sites are under the same ownership.

(8)

If abutting a residential district or use, or separated by a two-lane street from a residential district or use, the site must be screened by a wall. The wall (see section 122-260(f)) shall be a minimum of six feet in height in combination with a ten-foot-minimum landscaped buffer area on the outer side of the wall. Landscaping shall include hedges and small trees as specified in subsections 122-260(e)(3), (4) and (5). The landscaping must be 100 percent irrigated and maintained.

a.

In lieu of a wall as described in subsection (a)(9), an applicant can petition the planning director to approve a six-foot decorative fence in combination with a 20-foot-minimum landscaped buffer area on the outer side of the fence. In addition to the hedges and small trees specified in subsections 122-260(e)(3), (4) and (5), the landscaped buffer area must include a second row of small trees every 25 linear feet. The landscaping must be 100 percent irrigated and maintained.

(9)

All dumpster and service areas must be completely screened from public view.

(10)

All lighting must be at least 25 feet from a residential district or use and no more than 20 feet above the ground surface. All lighting must be directed so that it does not create off-site glare.

(11)

A conference center shall adhere to all site plan requirements as per article IV of this chapter.

(Ord. No. 5217, § 4, 2-17-04)

(a)

A mini-warehouse (self-service storage facility/neighborhood storage center) shall be a permitted use in the B-2, B-4, B-5, M-1 and M-2 zoning districts, subject to the following criteria:

(1)

Building exterior elevations will be required as part of the site plan process for developments in the B-2 zoning district. The building's site plan or exterior elevations shall include architectural treatments, or landscaping features where the facades exceed 100 linear feet without an opening of at least ten feet. All structures must be architecturally harmonious in terms of scale, style, roof lines, color scheme, and building materials with the surrounding properties and uses. All roofs shall include a pitch design that is compatible with the surrounding uses.

(2)

All mini-warehouses shall be used for the storage of business or household goods only. The storage of hazardous materials or substances is prohibited. In no case shall the storage spaces be used for businesses which require a business tax receipt.

(3)

All mini-warehouse storage units with outside access shall be one-story. The individual storage units in the B-2 zoning district or adjacent to a residential use or district shall front internally, and all access to the units shall be through a fenced area.

(4)

Parking for mini-warehouses shall be consistent with subsection 122-1010(a)(31). However, for individual storage units with exterior entry, the building official may allow a portion of the required parking to be met by the paved space in front of the individual units and by calculating the office space at one parking space per 300 square feet.

(5)

Except in the M-2 zoning district, all storage shall be indoors or covered and completely screened from view.

(6)

All mini-warehouse developments shall provide landscaping and buffers consistent with the requirements of section 122-260. The landscaping shall be 100 percent irrigated and maintained.

(7)

If adjacent to a residential use or district, access to mini-warehouses shall be restricted between the hours of 11:00 p.m. to 6:00 a.m.

(8)

All dumpster and service areas shall be completely screened from public view.

(9)

All mini-warehouses shall adhere to all site plan requirements as per article IV of this chapter.

(Ord. No. 5299, § 6, 6-8-04; Ord. No. 2021-7, § 11, 1-19-21)

Editor's note— Formerly entitled "Neighborhood storage center criteria," which was amended as herein set out by Ord. No. 2021-7.

(a)

A day labor service establishment shall be a special exception in the B-3C, B-4, and M-1 zoning districts, and a permitted use in the B-5 and M-2 zoning districts, subject to the following:

(1)

A day labor service establishment shall be separated by a distance of at least 500 feet from any residentially zoned district or use. The distance requirements between a day labor service establishment and a residential district or use shall be measured from property line to property line.

(2)

A day labor service establishment shall be separated by a distance of at least 1,000 feet from any other day labor service establishment. The distance requirements between day labor service establishments shall be measured from property line to property line.

(3)

On-site management must be provided at all times during business hours and must have the authority to exercise control over the premises to ensure that the use of the premises does not result in littering, nuisance activities, noise, or other activities that interfere with the peaceful enjoyment and use of surrounding properties. The day labor service employee must be accessible at all times to day laborers, law enforcement personnel, and any other individuals during business hours.

(4)

The day labor service establishment shall provide adequate seating for day laborers in an accessible waiting area of the day labor service establishment. The day laborer waiting area shall be sized to adequately accommodate the maximum number of day laborers expected per day. The day laborer waiting area shall allow for access to restrooms and water during the hours of operation. A day laborer shall arrive after the establishment opens and must be inside the waiting room, or in an outside area that is not visible from any right-of-way or adjacent property. A day labor waiting area shall not include any public right-of-way, sidewalk or parking area for the site.

(5)

The maximum number of day laborers must be identified as part of the special exception.

(6)

All structures shall meet the city building code requirements and life safety code requirements.

(7)

A day labor service establishment shall adhere to all site plan requirements as per article IV of this chapter.

(8)

A special exception for a day labor service establishment shall be limited to the proposed applicant or owner to whom the special exception is granted and shall be subject to the requirements of this subsection and article II, division 3 of this chapter. Any changes in ownership or to the use of the property will require a new special exception application.

(9)

Minimum parking requirements shall be as follows:

a.

One parking space for each 300 square feet of office and waiting area space.

b.

One parking space for service and deliveries.

(b)

Any day labor service establishment that complies with applicable law prior to the effective date of this section (August 2, 2005), whether it be conforming or, by virtue of this section, non-conforming, shall comply with the requirements of subsections (a)(3) and (a)(4) of this section within one year of the effective date of this section.

(Ord. No. 5419, § 12, 8-3-05; Ord. No. 2021-81, § 51, 9-28-21)

(a)

A community work release facility shall be a special exception in the B-5 zoning district subject to the following:

(1)

A minimum of 100 square feet of indoor living space shall be provided for each occupant of the structure.

(2)

The maximum number of occupants must be identified as part of the special exception application. The applicant must also provide a plan showing the size and location of the building, the proposed parking area, any outdoor area, the floor plan of the indoor living space, and the type of security.

(3)

Parking requirements shall be as follows:

a.

One parking space for each five beds; and

b.

One parking space for each two employees.

(4)

If a license, or contract with the state, to operate the facility is required by federal, state or local law, the applicant must either be in possession of such a license or contract to operate such a facility, or be in the posture to receive such a license or contract. Under no circumstances will permits or occupational licenses be issued by any city department until such license or contract is presented to the building official.

(5)

The license or contract to operate a community work release facility by federal, state or local law must be consistent with the approved special exception.

(6)

A community work release facility shall be separated by a distance of at least 1,500 feet from any other community work release facility. The distance requirements between uses shall be measured from property line to property line.

(7)

A community work release facility shall be separated by a distance of at least 1,500 feet from a residential use, assistant living facility, transitional recovery facility, school, park, playground or day care. The distance requirements between uses shall be measured from property line to property line.

(8)

A community work release facility must comply with the city's noise regulations per section 34-171 of this Code.

(9)

All structures shall meet the city building code requirements, life safety code requirements, and housing code requirements pertaining to the intended use.

(10)

A community work release facility shall adhere to all site plan requirements as per article IV of this chapter.

(11)

The board of adjustment may place any reasonable special conditions, in addition to those provided in this subsection and article II, division 3, of this chapter, on the special exception to ensure that the proposed use conforms with surrounding area; especially concerning the size of the building, the proposed outdoor areas, buffers, the number of occupants and security.

(12)

This special exception shall be limited to the proposed applicant or owner to whom the special exception is granted and shall be subject to the requirements of this subsection and article II, division 3 of this chapter. Any changes in ownership or to the use of the property will require a new special exception application.

(b)

Any transitional recovery facilities that, on the effective date of the adoption of Ordinance No. 5550, meet the definition of a community work release facility under section 122-3:

(1)

Shall be deemed a community work release facility but shall not be required to obtain a special exception under subsection (a) of this ordinance or meet the requirements of subsections (2), (3), (5), (7), (11), and (12) of subsection (a) of this section; and

(2)

Shall be a "nonconforming use of a structure pursuant to section 122-175 of this Code". Notwithstanding the provisions of sections 122-171 and 122-176 of this Code:

a.

If the use of the structure changes, the structure shall cease to be a legal nonconforming use.

b.

If the ownership of the structure changes, the structure shall cease to be a legal nonconforming use.

c.

If the use of the structure discontinues for a period of more than one month (or 18 months in the event the discontinuance of use is as a result of a fire, storm or other catastrophe), the structure shall cease to be a legal nonconforming use.

d.

If, pursuant to the foregoing subparagraphs, the structure ceases to be a legal nonconforming use, it may thereafter only be used in conformance with the provisions of subsection (a) of this section.

(Ord. No. 5550, § 6, 8-8-06)

Chickens are allowed on properties zoned R-1, R-1A and R-1AA, subject to the following conditions:

(1)

A permit is required with the city's growth management department to keep up to six chickens in the rear yard of an occupied detached single-family residence. Code enforcement may inspect permitted properties at least twice a year to ensure compliance with conditions.

(2)

Ducks, geese, turkeys, peafowl, male chickens/roosters, pigeons, or any other poultry or fowl are not allowed.

(3)

Chickens must be provided with a covered, properly ventilated, clean and maintained, predator-resistant chicken house that is designed to be easily accessed, with at least two square feet per chicken.

(4)

During daylight hours, chickens must have access to the chicken house and access to an outdoor enclosure that is adequately fenced to protect them from predators.

(5)

The coop and pen/run area must be at least three feet from the adjoining property, cleaned regularly and kept free of insects and rodents. Odors from chickens, including chicken manure, or other items associated with the keeping of chickens must not be perceptible at the property boundaries. Chickens will not be allowed to create a nuisance including odor, noise or contribute to any other nuisance condition.

(6)

Composting of chicken manure is allowed in an enclosed bin. The composting bin shall be kept at least 15 feet away from all property lines.

(7)

Chickens must be kept for personal use only. Selling chickens, eggs, feathers, or chicken manure, or the breeding of chickens is prohibited.

(8)

Chickens may not be slaughtered on premises.

(9)

All other permitted livestock in the R-1, R-1A, and R-1AA zoning districts must be consistent with section 122-1221.

(10)

The building official has the sole discretion to revoke the permit and require that the chickens be removed within ten days if he or she determines that the permittee is in violation of the requirements of the Code.

(Ord. No. 2019-51, § 1, 6-18-19)

All recreational vehicle parks are subject to Florida Statutes and Florida Administrative Code. In addition, any recreational vehicle park development in the City of Ocala shall be subject to the following criteria:

(a)

Master plan detailing site layout, dimensions, size.

(1)

Overall Site Plan.

a.

A site plan shall be submitted as required in section 122-212.

b.

Developments shall be a minimum of 5 acres.

c.

Park models shall be located in a designated area as shown on the master plan.

d.

Park models shall occupy no more than 15 percent of all park sites.

e.

The corners of each park site shall be permanently staked or otherwise permanently marked.

(2)

Access.

a.

Ingress and egress to the park shall be from a collector or arterial street.

b.

Individual sites shall have access from internal drives and shall not have direct access from adjoining public rights-of-way.

c.

All internal drive lanes shall be paved.

d.

The internal drive aisles shall meet the requirements of section 122-1003.

e.

Provide adequate stacking or bypass lanes between the check in point and the adjacent public right-of-way such that queuing does not extend into the public right-of-way and that vehicles may circulate freely around the site.

f.

The planning director and city engineer may authorize access to a local street if it is determined to have no negative impact on residential uses.

(3)

Open space.

a.

There shall be a minimum open space requirement of 20 percent of the total gross acreage for the project.

b.

Water retention areas that are designed as aesthetic lakes or ponds for passive or active recreational use may also be counted as open space, as long as these areas are designed to retain a minimum of three feet of water at all times and such areas are not fenced pursuant to subsection 122-217(o), storm drainage facilities.

(4)

Active or Passive Amenity Space.

a.

Every recreational vehicle park shall provide either an active or passive amenity within the park.

b.

Five percent of the recreational vehicle park shall be used as amenity space, which is common area designed and intended for use by all occupants.

i.

Amenity space shall include active and passive recreation areas such as courtyards, streetscapes/sidewalks, playgrounds, golf courses, waterways, lagoons, floodplains, nature trails, and other similar open spaces.

ii.

Fenced water retention areas, open water areas beyond the perimeter of the park, street rights-of-way, driveways, off-street parking areas and off-street loading areas shall not be counted in determining open space.

iii.

Recreational vehicle sites shall not be counted as amenity space.

(5)

Buffers and Landscaping.

a.

A recreational vehicle park abutting any residential use or zoning district shall provide a 10-foot deep buffer area with wall or fence and landscaping per subsection 122-260(e). The vegetative buffer shall be adjacent to the property boundary and provide adequate access for maintenance between the property boundary and the internal wall or fence.

b.

A recreational vehicle park abutting any non-residential use or zoning district shall have a landscape buffer that meets the requirements of section 122-260 for buffering materials, depth and design.

c.

Where recreational vehicle sites are located within 25 feet of a public right-of-way, such sites shall be screened by a wall or fence, and a landscape buffer meeting the requirements of subsection 122-260(e). The landscaping includes a continuous hedge, four ornamental trees per 100 linear feet of buffer and sod.

i.

The depth of this buffer may be reduced to 20 feet if the following landscaping is provided in addition to the wall or fence:

(a)

A continuous hedge planted three feet on center;

(b)

Two shade trees and three ornamental trees per 100 linear feet of buffer area;

(c)

Twenty-five percent of the plantings shall be native species; and

(d)

Twenty-five percent of the total area shall be landscaped with plantings other than sod and mulch.

ii.

The depth of the landscape buffer may be reduced to 10 feet if the following landscaping is provided in addition to the wall or fence:

(a)

Two shade trees and 4 ornamental trees per 100 linear feet of buffer area;

(b)

Fifty percent of the total area shall be landscaped with plantings other than sod and mulch; and

(c)

Twenty-five percent of the plantings shall be native species.

d.

The RV park shall meet the tree requirements of sections 118-101, 118-102 and 118-135.

(b)

Accessory uses. Accessory uses may include, but are not limited to, groceries, ice, sundries, bait, fishing equipment, self-service laundry equipment, bottled gas, and other similar items needed by users of the park, under the following conditions:

(1)

These establishments shall be designed to serve only the needs of the guests within the park;

(2)

Such accessory uses shall not, including their parking areas, occupy more than five percent of the area of the park; and

(3)

Accessory uses shall not be so located as to attract patronage from outside the grounds. Signage for any convenience structure shall be limited one wall sign not to exceed 12 square feet in area.

(c)

Prohibited uses.

(1)

Open fires, except in barbeque grills, fire pits or other self-contained unit for camp fires.

(2)

Permanent additions.

(3)

Events or amenities that are open to the general public.

(4)

An RV or any other vehicle without proper tags and license and without wheels or having deflated wheels or be in a non-operational or derelict condition.

(5)

Petting zoos or exotic animal exhibits.

(d)

Recreational vehicle and park model sites.

(1)

Each site shall contain an RV pad made of concrete or otherwise stabilized surface adequate to accommodate the parking of a recreational vehicle or park model. Dimensional requirements:

(2)

Utilities. Each site shall be equipped with an approved sewer and water connection and two electrical outlets. All plumbing and electrical work shall meet the requirements of city and state regulations.

(3)

Site Occupancy.

a.

A site shall be occupied by only one recreational vehicle, park model or other vehicular accommodation suitable for temporary habitation at any given time.

b.

A park model or trailer may not exceed 400 square feet, meeting ANSI A-119 standards; or 500 square feet meeting US HUD standards (Florida Statutes 320.822).

c.

Any park model to remain on site for more than 45 days shall be attached to a permanent foundation.

(e)

On-site management.

(1)

A management office shall be provided, and an on-site manager shall be required for each recreational vehicle park.

(2)

The manager shall live on-site whether in an apartment attached to the office building or in a separate unit on the site.

(3)

Every park shall meet requirements of the Florida Statutes (§ 513.112) to keep a registry of guests including the dates.

(4)

The manager shall ensure the property is clear of debris, litter, outdoor storage and clear of otherwise dangerous or unsanitary conditions.

(f)

Maximum length of stay.

(1)

The registry of guests shall include the length of stay for every current customer.

(2)

No recreational vehicle shall be used as a permanent place of residence, dwelling or business, other than one residence for the on-site manager. Transient use is up to six months; continuous occupancy extending beyond six months in any 12-month period shall be considered prima facie evidence of permanent occupancy.

(g)

Signs.

(1)

Apply sign standards from section 110-152 for multiuse complexes to all recreational vehicle park developments.

(2)

All signs for the development shall be approved during the site plan review process.

(Ord. No. 2021-50, § 9, 5-18-21)

(a)

A fraternity or sorority house shall be a special exception in the R-3 zoning district and a permitted use in the B-2, B-2A and B-4 zoning districts subject to the following:

(1)

A minimum of 300 square feet of indoor living space shall be provided for each occupant of the structure.

(2)

The applicant must identify the maximum number of occupants and provide a plan showing the size and location of the building, the proposed parking area, any outdoor area, the floor plan of the indoor living space, and the type of security.

(3)

Minimum parking requirements shall be as follows:

a.

One parking space for each three beds; and

b.

One parking space for each two employees.

(4)

A fraternity or sorority house shall not be permitted in the city's low density residential land use designation.

(5)

A fraternity or sorority house must be within a two-mile radius of the academic college or university campus affiliated with the fraternity or sorority. A fraternity or sorority house cannot be affiliated with a school that has only an internet presence or is primarily a correspondence, vocational or technical school.

(6)

A fraternity or sorority house shall not be permitted in a historic district created or designated as such under chapter 94 of this Code or by the United States Department of Interior National Park Service.

(7)

A fraternity or sorority house must comply with the city's noise regulations per section 34-171 of this Code.

(8)

All structures shall meet the city building code requirements, life safety code requirements, and housing code requirements pertaining to the intended use.

(9)

A fraternity or sorority house shall adhere to all site plan requirements as per article IV of this chapter.

(10)

If required, the Board of Adjustment may place any reasonable special conditions, in addition to those provided in this subsection and article II, division 3 of this chapter, on the special exception to ensure that the proposed use conforms with the surrounding area; especially concerning the size of the building, the proposed outdoor areas, buffers, the number of occupants and security.

(11)

The special exception shall be limited to the proposed applicant or owner to whom the special exception is granted and shall be subject to the requirements of this subsection and article II, division 3 of this chapter. Any changes in ownership or to the use of the property will require a new special exception application.

(b)

Any fraternity or sorority house that, on the effective date of the adoption of this section:

(1)

Shall be a "nonconforming use of a structure pursuant to section 122-175 of this Code".

(2)

Notwithstanding the provisions of sections 122-171 and 122-176 of this Code:

a.

If the use of the structure changes, the structure shall cease to be a legal nonconforming use.

b.

If the ownership of the structure changes, the structure shall cease to be a legal nonconforming use.

c.

If the use of the structure discontinues for a period of more than one month, the structure shall cease to be a legal nonconforming use.

d.

If, pursuant to the foregoing, the structure ceases to be a legal nonconforming use, it may thereafter only be used in conformance with the provisions of subsection (a), of this section.

(Ord. No. 5846, § 9, 4-25-08)

(a)

Home garden/hobby farm equipment sales shall be a special exception in the B-4 zoning district and a permitted use in the B-5, M-1 and M-2 zoning districts subject to the following criteria:

(1)

Any outdoor display/sales area cannot be part of the required off-street parking area or open space requirements of the site plan.

(2)

Any area used for outdoor display/sales must be paved.

(3)

Any outdoor display/sales area for new home garden/hobby farm equipment must be identified on the site plan and the outdoor display/sales area shall be limited to the sale and display of new home garden/hobby farm equipment. Each site shall be limited to one outdoor display and sales area.

(4)

Any outdoor display/sales area must be set back a minimum of ten feet from all lot lines.

(5)

The location of new home garden/hobby farm equipment in the outdoor display/sales area shall include the following unless otherwise addressed in this section:

a.

In the B-4 zoning district the number of pieces of new equipment shall be determined as part of the special exception but shall not include the outdoor storage of merchandise.

b.

In the B-5 zoning district the new equipment outdoor display/sales area shall not exceed a total of 50 percent of the site. The outdoor storage area of merchandise shall comply with subsection 122-282(4).

c.

In the M-1 zoning district the new equipment outdoor display/sales area shall be accessory to site and not exceed 25 pieces of new equipment. The outdoor storage of merchandise shall comply with section 122-763.

d.

In the M-2 zoning district the new equipment outdoor display/sales area shall be accessory to site and not exceed 25 pieces of new equipment. The outdoor storage of merchandise shall comply with section 122-783.

(6)

A special exception for a home garden/hobby farm equipment sales establishment in the B-4 zoning district shall be limited to that use.

(7)

All uses other than home garden/hobby farm equipment on the same site in the B-5 zoning district, except as provided in subsection 122-1220(a)(10), shall be subject to the requirements of this chapter.

(8)

All uses other than home garden/hobby farm equipment on the same site in the M-1 and M-2 zoning districts, except as provided in subsection 122-1220(a)(10), shall be subject to the requirements of this chapter.

(9)

The sale of merchandise other than home garden/hobby farm equipment in the M-1 and M-2 zoning districts shall only be allowed as provided in subsection 122-1220(a)(10), unless otherwise permitted in this chapter.

(10)

A home garden/hobby farm equipment sales establishment with a warehouse/distribution center shall be permitted in the B-5, M-1 and M-2 zoning districts pursuant to the following:

a.

The warehouse/distribution center must be at least 30,000 square feet.

b.

Merchandise (garden/lawn/farm supplies, apparel, automotive products, tools/hardware, sporting goods, toys, housewares and specialty items) sold on-site shall be stored/shipped from the warehouse/distribution center that is located on the same site under the same ownership.

c.

Construction/farm equipment sales, horse trailers, trucks or other vehicles designed for use on public roads shall be permitted.

d.

An establishment in the M-1 and M-2 zoning districts shall not be subject to subsections 122-1220(a)(3) and (a)(5).

e.

An establishment in the M-2 zoning district shall not be subject to any size limitations for outdoor storage.

f.

An establishment in the M-1 zoning district shall be subject to size limitations for outdoor storage in subsection 122-763(3).

g.

An establishment in the B-5, M-1 and M-2 zoning districts shall not be subject to article V, division 29 of this chapter (shopping centers/single retail store developments).

h.

A warehouse/distribution center shall be separate from the retail portion of the use.

(11)

The use must be consistent with the buffer and landscape requirements of subsections 122-260(c)(2), 122-260(c)(8) and 122-260(e). In lieu of the requirements of subsection 122-260(c)(8), the applicant can petition the building official to approve a six-foot privacy fence (wood or other material with 100 percent opacity) in combination with a 15-foot minimum landscaped buffer area on the outer side of the fence.

(12)

Home garden/hobby farm equipment sales must comply with the city's noise regulations per section 34-171 of this Code.

(13)

Home garden/hobby farm equipment sales shall adhere to all site plan requirements as per article IV of this chapter.

(14)

If required, the board of adjustment may place any reasonable special conditions, in addition to those provided in this subsection and article II, division 3, of this chapter, on the special exception to ensure that the proposed use conforms with the surrounding area, especially concerning the size of the outdoor display and sales area, buffers and the number of pieces of new equipment.

(15)

A special exception shall be limited to the proposed applicant or owner to whom the special exception is granted and shall be subject to the requirements of this subsection and article II, division 3 of this chapter. Any changes in ownership or to the use of the property will require a new special exception.

(Ord. No. 5871, § 8, 7-22-08; Ord. No. 2015-8, § 2, 1-6-15; Ord. No. 2015-49, § 1, 6-16-15; Ord. No. 2024-43, § 4, 7-16-24)

(a)

Keeping of livestock as an accessory use in the single-family residential (R-1, R-1A, R-1AA) zoning districts may be permitted subject to the criteria and restrictions of this section if approved by the planning and zoning commission following a public hearing. Any appeal of the planning and zoning commission decision shall be made to the city council pursuant to subsection 122-221(b).

(b)

Minimum plot size for keeping of livestock shall be five acres.

(c)

Maximum number of livestock on a plot shall be calculated based on the following:

(1)

Equine (e.g., horse, mule, donkey, etc.) and bovine (e.g., cattle, bison, etc.) shall not exceed one for every two and one-half acres and caprine (e.g., goats), ovine (e.g., sheep) and lama (e.g., llama, alpaca, etc.) shall not exceed three for every one acre. Acreage used to determine the maximum number of animals may not be double-counted when a variety of animals will be kept on the plot. Offspring under the normal weaning age for the species shall not be counted towards the maximum number of animals allowed.

(2)

Porcine (e.g., pigs, hogs, etc.) prohibited.

(3)

Poultry (e.g., chicken, duck, turkey, geese, quail, pheasant, etc.) shall not exceed a maximum of 25 birds. Roosters, cocks, cockerels and capons of any species shall be prohibited.

(d)

On-premises sale of livestock or poultry byproducts (e.g., eggs, milk, meat) shall be prohibited. Livestock or poultry permitted in this section shall be kept or raised for personal use only with the exception of youth projects such as 4-H or FFA activities.

(e)

It shall be prohibited for any person to allow poultry to stray or roam upon the public streets or private property. Poultry shall be kept in a securely enclosed yard or pen at all times. Such enclosed yard or pen shall be located in a rear yard and a minimum of 100 feet from any property line.

(f)

It shall be prohibited for any person to allow livestock to stray or roam upon the public streets or property other than the owners. Livestock shall be kept in a securely enclosed pasture at all times. Barns or other structures used to shelter livestock shall be located in a rear yard and a minimum of 100 feet from any property line.

(g)

Requirements for the storage of manure:

(1)

Manure shall not be allowed to accumulate causing a nuisance or hazard to the health, welfare or safety of humans or animals.

(2)

The outside storage of manure in piles (two cubic yards or greater) shall not be permitted within 200 feet of any plot line or residence.

(h)

Commercial activities involving the raising, breeding, training, boarding or rehabilitation of livestock on lands annexed by the city shall be allowed to continue and shall not be considered nonconforming uses subject to section 122-173 of this chapter.

(Ord. No. 2012-20, § 2, 3-7-12)

(a)

A neighborhood wellness center shall be a special exception in the R-3 zoning district, subject to the following:

(1)

All services provided by the neighborhood wellness center must be conducted indoors.

(2)

A new building requiring a site plan shall include building elevations that are compatible with the surrounding residential uses in terms of scale, roof lines and building materials. A new building shall not exceed 10,000 square feet per acre nor a height of two stories.

(3)

An existing building adjacent to a single-family residential unit shall not exceed a height of two stories. A building being converted from a single-family residence to a neighborhood wellness center and adjacent to other single-family residences shall not exceed 3,000 square feet.

(4)

A neighborhood wellness center shall have one space per 600 square feet of useable building area plus one employee space. As the result of the use supporting the neighborhood residences, the building official may reduce the number of parking spaces on-site if parking is available adjacent to or nearby (500 feet from the property line of the neighborhood wellness center).

(5)

If abutting a residential use, a neighborhood wellness center shall not be open before 8:00 a.m. and must close by 6:00 p.m.

(6)

If abutting a residential use, a neighborhood wellness center shall have a ten-foot deep landscaped buffer area or a four-foot deep landscaped buffer area combined with a stone, brick or concrete block wall. In lieu of a wall, the building official can approve a six-foot high decorative fence in combination with a ten-foot deep minimum landscaped buffer area. The landscaping must be 100 percent irrigated and maintained.

(7)

All dumpster and service areas must be completely screened from public view.

(Ord. No. 2013-9, § 5, 1-22-13)

Donation boxes shall be permitted as an accessory use in the B-2, B-4 and B-5 zoning districts, subject to the following criteria:

(1)

Any organization or individual wishing to place or utilize one donation box per parcel within the City of Ocala must obtain a permit from the growth management department (building division). The permit requirement and the one donation box per parcel limitation shall apply to new and existing donation boxes. An organization or individual will have 90 days from the effective date of the ordinance from which this section derives to obtain a permit. The owner of the property shall remove a donation box that does not have a permit as required or is not allowed by this section. The permit must be renewed each year by September 30.

(2)

The city shall issue a no fee permit for any organization that has a nonprofit tax status under Section 501(c)(3) of the Internal Revenue Code, as amended. Proof of such tax status must accompany an application for a permit. All other applicants will be required to pay a permit fee as adopted by separate resolution.

(3)

A letter of permission is required as part of the permit application from the owner, lessee, or other person or legal entity in control of the property upon which the donation box will be, or is already, located.

(4)

A donation box shall not be located in any required buffer, landscaped open space (including parking lot landscaped islands), required parking spaces, within 15 feet of a public right-of-way, or in any location that could impede vehicular or pedestrian circulation/vision/access within a site. The location of a donation box shall be approved as part of the permitting process.

(5)

A donation box that is subject to the provisions of this section shall clearly identify on the front of the box the following information: name of the entity, organization or individual that is maintaining the donation box, profit or nonprofit status, the permit number, a phone number and address.

(6)

Other than the location requirements in subsection (a)(4) or the content requirements in subsection (a)(9), this section shall not apply to any not-for-profit donation box that is located on property that is owned or leased by any religious, charitable or nonprofit organization.

(7)

All donation boxes shall be of the type that are enclosed by use of a receiving door and locked so that the contents of the box may not be accessed by anyone other than those responsible for the retrieval of the contents.

(8)

Each donation box shall not cover a ground surface area in excess of five feet by five feet, nor be more than six feet in height.

(9)

Each donation box shall be regularly emptied of its contents so that it does not overflow, resulting in items being scattered about the property. All items outside the donation box shall be removed.

(10)

If a donation box is placed without a permit, or an inspection reveals that such box is not in compliance with this section, enforcement and abatement shall take place as generally provided in section 34-95 of the Code of Ordinances. The owner, lessee, or other person or legal entity in control of the property where the donation box is being maintained and the organization or individual which owns, maintains, or operates the donation box in violation of this section shall be jointly liable for any such violation.

(Ord. No. 2014-45, § 3, 8-19-14)

(a)

A construction and demolition landfill shall be permitted in the M-2 and M-3 zoning districts subject to the following provisions:

(1)

A new or an expansion of an existing construction and demolition landfill will require a F.S. Ch. 163 Development Agreement, approved by the Ocala City Council after two public hearings. The Chapter 163 Development Agreement shall govern the entire site and City Council may place site-specific conditions in addition to the provisions in this section. The 163 Development Agreement shall be intended to ensure compliance with this Code of Ordinances, consistency with the comprehensive plan, and compatibility with adjacent uses.

(2)

An approval of the Chapter 163 Development Agreement for the use shall be limited to the proposed applicant or owner to whom the use is granted. Any changes in ownership/management or to the use of the property will require an amendment to the Chapter 163 Development Agreement.

(3)

A construction and demolition landfill area shall not be located within at least 125 feet of a church, day care facility, school or residence. The distance shall be measured from the edge of the landfill area to the property line of the church, day care facility, school or residence. The landfill area for the purposes of this section shall be considered the area where the landfill activity is permitted to take place in accordance with the Chapter 163 Development Agreement and not the required or designated buffers or water retention areas or portions of any property not actively used for landfill activity.

(4)

A construction and demolition landfill must have a buffer of at least 100 feet when not adjacent to an operating industrial use existing at the time of an application for a Chapter 163 Development Agreement. The applicant shall provide a line of sight cross-section analysis showing that the landfill area at maximum height is screened from public view. The buffer materials (wall, fence, berm or landscaping) shall be approved as part of the Chapter 163 Development Agreement. The required buffer may be located on adjoining property owned by the landfill property owner or a third party so long as it is encumbered by the Chapter 163 Development Agreement.

(5)

A construction and demolition landfill shall adhere to all site plan requirements as per article IV of this chapter.

(6)

A construction and demolition landfill area cannot be part of the required off-street parking area or open space requirements of the site plan.

(7)

A construction and demolition landfill area, equipment and any buildings related to the landfill cannot be in a required buffer.

(8)

Any new construction and demolition landfill shall be located on a parcel or parcels which consist of 70 acres or more of combined, contiguous property owned by the landfill operator, and shall not be in a platted subdivision consisting of more than one lot. For purposes of this requirement, the minimum acreage may consist of both the landfill area (inclusive of buffers and water retention areas) and any contiguous property owned by the landfill operator that may include property not currently zoned M-2 or M-3.

(9)

The applicant shall identify on the site plan the area where the landfill materials will be located and include a phased plan for future storage. The site plan shall also show ingress and egress to the site, internal circulation, and stacking for trucks and other vehicles.

(10)

A construction and demolition landfill shall not operate between the hours of 8:00 p.m. and 6:00 a.m. During emergencies that would require a significant amount of materials being delivered to the site, the city manager may extend the hours of operation based on the needs of the community.

(11)

If a license/permit with the state or local agency, to operate a construction and demolition landfill is required by federal, state or local law, the applicant must be in possession of such license/permit to operate such a facility. Under no circumstances will permits or occupational licenses be issued by the City until such license/permit is presented to the planning director.

(12)

A license/permit to operate a construction and demolition landfill by federal, state or local law must be consistent with the approved site plan and the City's comprehensive plan.

(13)

A construction and demolition landfill shall be separated by a distance of at least 20,000 feet from any other construction and demolition landfill. The distance requirements between uses shall be measured from property line to property line.

(14)

Maximum height of a construction and demolition landfill shall be established in a Chapter 163 Development Agreement governing such construction and demolition landfill. However, in no event shall the maximum height of a construction and demolition landfill exceed the greater of: (i) the current height of the C&D Landfill on the effective date of the Chapter 163 Development Agreement; or (ii) 125 feet of elevation, which shall be determined by measuring the vertical distance between: (a) mean sea level being calculated based upon National Geodetic Vertical Datum of 1929, and (b) the bottom of the landfill "cap" serving as a barrier between the contaminated waste and the surface (the "Maximum Height").

(15)

A construction and demolition landfill must comply with the city's noise and waste regulations per sections 34-171 and 34-93 of this Code.

(16)

All structures on the site shall meet the city building code requirements and life safety code requirements pertaining to the intended use.

(Ord. No. 2021-65, § 7, 8-17-21)

(a)

A materials recovery facility shall be a permitted use in the M-2 and M-3 zoning districts, subject to the following criteria:

(1)

A materials recovery facility shall be located on a parcel at least five acres in area which: (a) enjoys direct access to and from an arterial or collector street; or (b) is an internal lot within an industrial zoned subdivision with direct access to and from an arterial or collector street.

(2)

All solid waste or recovered materials being transferred to and from the facility must be processed inside an enclosed building on at least three sides. During daily operations, doors may remain open to accommodate the trucks delivering and removing materials. Outdoor storage of any materials is prohibited, without regard to duration.

(3)

All solid waste materials and recovered materials entering a materials recovery facility shall be removed from the facility within 24 hours or the next business day. The floor of the materials recovery facility shall be cleaned daily after the last load is removed from the site.

(4)

A materials recovery facility shall have a holding area for inspecting incoming loads. All hazardous materials shall be identified and removed from the site immediately and prior to processing.

(5)

Any materials recovery facility that is open to the public shall have a separate and distinct delivery area to be utilized by the public.

(6)

A materials recovery facility shall not operate within 200 feet of a church, daycare facility, school, hospital, residence, or residentially zoned property. The distance shall be measured from a material recovery facility building to the property line of a church, daycare facility, school, hospital, residence, or residentially zoned property.

(7)

All buffers shall be consistent with Section 122-260. However, if a materials recovery facility is operated within 750 feet of a church, daycare facility, school, hospital, residence, or residentially zoned property, then:

a.

The property shall include, at a minimum, a 30-foot vegetative buffer and be completely screened from public view by a six-foot block or panel wall with landscaping or a six-foot berm (3:1 side slope and 25 linear feet in depth) with landscaping.

b.

Landscaping shall be irrigated and maintained, and shall consist of natural vegetation and trees, if available, and a continuous hedge and ornamental/shade trees at least every 25 linear feet.

c.

During the review process, the planning director may require additional fencing, landscaping, or alternative buffering to ensure complete screening of the use from public view or adjacent properties, which may include ornamental/shade trees.

(8)

Materials recovery facility equipment, parking spaces or any buildings on the site cannot be located in a required buffer.

(9)

A materials recovery facility shall be separated by a distance of at least 750 feet from any other materials recovery facility. The distance requirements between uses shall be measured from property line to property line.

(10)

A materials recovery facility shall operate only on weekdays from 7:00 a.m. to 7:00 p.m., if within 200 feet of a church, daycare facility, school, hospital, residence, or residentially zoned property. The distance requirements between uses shall be measured from property line to property line. During emergencies that would require a significant amount of materials being delivered to the site, the city may extend the hours of operation based on the needs of the community.

(11)

As part of site plan/building permit process, an applicant must identify the following: size of the building(s) (amount of floor space used for the waste), hours of operation, lighting, delivery times, the number of trucks delivering/removing waste materials, size of the trucks, internal circulation of all vehicles, parking spaces for the trucks/other vehicles and the queuing system to accommodate the trucks.

(12)

As part of the site plan/building permit process, an applicant shall identify the type of solid waste materials being delivered to the site, and the location and type of facility where the solid waste materials will be delivered once they leave the materials recovery facility.

(13)

If a license or permit is required to operate a materials recovery facility is required pursuant to federal, state, or local law, the applicant must possess such license or permit to operate such a facility. Under no circumstances will permits or a business tax certificate be issued by the City until such license or permit is presented to the building official.

(14)

A license or permit to operate a materials recovery facility by federal, state, or local law must be consistent with the City's code of ordinances and comprehensive plan. As part of the permitting process the City may require groundwater monitoring prior to approval and during the operation of a materials recovery facility.

(15)

A materials recovery facility must comply with the city's noise and waste regulations per sections 34-93 and 34-171 of this Code and provide a plan as part of the application to address odor and dust debris from the site, including the roads accessing the site.

(16)

A materials recovery facility shall adhere to all site plan requirements as per article IV of this chapter.

(17)

All structures on the site shall meet the building code requirements and life safety code requirements pertaining to the intended use.

(18)

A materials recovery facility application may be subject to a Development Agreement, which may include reasonable conditions in addition to those provided in this subsection to ensure that the proposed use is compatible with the surrounding area.

(Ord. No. 2022-72, § 8, 8-16-22; Ord. No. 2024-7, § 1, 11-21-23)

(a)

An open pavilion engagement center shall be a special exception in the B-4 and B 5 zoning districts, subject to the following:

(1)

An open pavilion engagement center shall provide adequate space in an accessible waiting/gathering/resting area under an enclosed roof. The waiting/gathering/resting area shall be sized to adequately accommodate the maximum number of occupants expected per day and shall allow for access to restrooms, water and other services during operating hours. All occupants shall arrive after the center opens and must be under the waiting/gathering/resting area roof or in an outside area.

(2)

An open pavilion engagement center shall be part of an emergency shelter campus and managed or monitored by emergency shelter staff or other competent supervision.

(3)

An open pavilion engagement center site shall include a fence. The type of materials used for the fence shall be approved as part of the special exception.

(4)

The maximum number of occupants must be identified as part of the special exception.

(5)

An open pavilion engagement center must comply with the city's noise regulations per section 34-171 of this Code.

(6)

An open pavilion engagement center shall not be open to the public from 10:00 p.m. to 6:00 a.m.

(7)

All structures shall meet city building code requirements and life safety code requirements.

(8)

An open pavilion engagement center shall adhere to all site plan requirements as per article IV of this chapter.

(9)

The board of adjustment may place any reasonable special conditions, in addition to those provided in this subsection and article II, division 3, of this chapter, on the special exception to ensure that the proposed use conforms with the surrounding area, especially concerning the size of the structure/building, the long-term need for such a facility, proposed outdoor areas, buffers, the number of occupants and security.

(10)

The special exception for an open pavilion engagement center shall be limited to the proposed applicant or owner to whom the special exception is granted and shall be subject to the requirements of this subsection and article II, division 3 of this chapter. Any changes in ownership/management or to the use of the property will require the approval of a new special exception application.

(11)

All open pavilion engagement centers shall be inspected at least once a year to ensure that the sites comply with the requirements of this section and any special exception requirements.

(12)

Minimum parking requirements shall be as follows:

a.

One parking space for each two employees.

b.

One space for every 1,500 square feet of the day pavilion engagement center.

c.

One parking space for service and deliveries.

(Ord. No. 2018-1, § 6, 10-17-17)

(a)

All new pharmacies as of October 18, 2017 shall be a permitted use in the B-2, B-2A, B-4 and B5 zoning districts and accessory uses in the B-3C and FBC subject to the following criteria:

(1)

An applicant shall provide a security plan that has been approved by the police chief that addresses on-site sales and storage of all pharmacy related products and procedures to secure any delivery of pharmaceutical related products.

(2)

Loitering:

a.

A pharmacy shall provide adequate indoor seating or a waiting area for its customers, clients, patients and business invitees.

b.

Unless authorized by the business, customers, clients, patients or business invitees shall not stand, sit (including in a parked car for any period of time longer than reasonably required for a person's passenger to conduct their official business and depart), or gather or loiter outside of the building where the establishment is operating, including in any parking areas, sidewalks, rights-of-way, or neighboring properties.

c.

All pedestrian queuing or loitering, including prior to business hours, outside of an establishment is prohibited unless authorized by the business.

(3)

A pharmacy in a B-3C and FBC zoning district shall be an accessory use not to exceed 20 percent of the gross total square footage of a building.

(b)

An existing pharmacy or a pharmacy as an accessory use in an O-1 zoning district as of October 18, 2017 shall be considered a conforming use. A new pharmacy after October 18, 2017 shall be limited to an accessory use as defined in section 122-523.

(c)

A pharmacy in an OP zoning district shall be limited to 20 percent of the gross total square footage of a building.

(d)

An existing pharmacy in a B-1 zoning district as of October 18, 2017 shall be considered a conforming use. A new pharmacy after October 18, 2017 shall be prohibited.

(Ord. No. 2018-2, § 22, 10-17-17; Ord. No. 2018-42, § 41, 9-25-18; Ord. No. 2020-44, § 1, 7-21-20)

Indoor greenhouses shall be a permitted use in the M-1 and M-2 zoning districts subject to the following criteria:

(1)

The planting, watering, growing, or harvesting of horticultural products shall occur completely inside an enclosed building. No outdoor storage, sales or display of horticultural products shall be permitted outside of the building containing the greenhouse.

(2)

No freestanding, outdoor light shall be more than 20 feet above ground surface. Outdoor lights shall be redirected in a manner to prevent off-site glare/light wash. Indoor lighting shall be completely contained and shall not be visible on the exterior of the building containing the indoor greenhouse.

(3)

Minimum parking requirements shall be as follows: one space per 3,000 square feet and one space for service and deliveries.

(4)

No tractor-trailer truck deliveries will be permitted within 300 feet of a residential use or district between the hours of 9:00 p.m. and 7:00 a.m.

(5)

Dumpster and service areas must be completely screened from public view by an eight-foot wall or fence in combination with landscaping if within 300 feet of a residential use or district.

(Ord. No. 2020-10, § 7, 12-17-19)

The following uses are permitted in the light industrial (M-1) and medium industrial (M-2) districts:

(1)

Indoor hemp facility uses may be permitted in the M-1 and M-2 zoning districts, subject to the following criteria:

a.

Compliance with state regulations and licensure requirements. The planting, watering, growing, harvesting, or distribution of hemp may only be conducted by a person or entity with an active license issued by the Florida Department of Agriculture and Consumer Services in a manner that complies with all state laws, licensing and regulatory requirements, including F.S. § 581.217 and rules promulgated pursuant thereto. Failure to maintain licensure or violation of a corrective action plan under F.S. § 581.217 constitutes a violation of these criteria. An owner or operator shall notify the city in writing within five business days of receipt of any notice of violation or warning from the state or of any changes to its state licensing approvals. If an owner or operator receives a notice of violation or warning from the state, it shall, no later than 20 business days after receipt of the notice or warning, provide a copy of the corrective action plan and timeframes to the city. The applicant shall provide the city with copies of any and all state and other licenses issued to the applicant to engage in the hemp cultivation business.

b.

On-site consumption; other prohibited activities. No indoor hemp facility shall allow any hemp to be smoked, ingested, or otherwise consumed on the premises. Owners, operators, tenants, or visitors of indoor hemp greenhouses shall not engage in any activity other than those activities specifically set forth herein.

c.

Outdoor activity. Except for loading and unloading, there shall be no activities of any kind permitted on the exterior of the indoor hemp facility. Such prohibition includes, but is not limited to, outdoor displays, outdoor storage, outdoor promotions, and queuing or stacking of motor vehicles in any right-of-way. All activities of the facility shall be conducted entirely within an enclosed building. The prohibition on outdoor storage includes use of portable storage units, cargo containers and tractor trailers. Where there is no designated delivery access or loading bay area, loading and unloading shall occur at the rear or side of the building. Areas designated for loading and unloading, shall be screened from public areas as defined in section 122-2; however, notwithstanding this definition, the maximum height of such screening may exceed six feet. Delivery access and loading bay areas shall have the doors closed at all times, except during the movement of materials, other supplies and finished products, as applicable, into and out of the building.

d.

Security plan. The applicant shall submit a security plan demonstrating compliance with Florida law and any applicable statutes and state administrative rules. If no such laws or rules are promulgated, then the applicant shall provide a security plan that has been approved by the police chief that addresses operations of the facility and the delivery of all products.

e.

Product and operations visibility. No hemp or plant of any kind may be visible from any window or exterior glass door. Notwithstanding this requirement, windows shall not be blacked-out, nor shall they be tinted to a level where visibility into the facility is not maintained.

f.

No freestanding, outdoor light shall be more than 20 feet above ground surface. Outdoor lights shall be redirected in a manner to prevent off-site glare/lightwash. Indoor lighting shall be completely contained and shall not be visible on the exterior of the building containing the indoor hemp facility.

g.

Minimum parking requirements shall be as follows: one space per 3,000 square feet and one space for service and deliveries.

h.

No tractor-trailer truck deliveries will be permitted within 300 feet of a residential use or district between the hours of 9:00 p.m. and 7:00 a.m.

i.

Dumpster and service areas must be completely screened from public view by an eight-foot wall or fence in combination with landscaping if within 300 feet of a residential use or district.

(Ord. No. 2020-10, § 8, 12-17-19)

(a)

No building, structure or parking lot or space shall be permitted to be constructed, erected or altered so that any part thereof would extend toward the streets listed in this division at a lesser distance than those specified in this division, except:

(1)

Signs meeting visibility standards set forth in this division.

(2)

Parking, which is allowed in all areas ten feet back from right-of-way and street width lines, except at intersections, where the provisions of section 122-253 shall supersede. This ten feet may be reduced to five feet where properly designed, subject to staff review and approval of the design.

(3)

Drainage areas and appurtenances with a height, measured from the right-of-way line grade, of less than 2½ feet.

(4)

Sidewalks, which shall be constructed within the right-of-way.

(b)

All setbacks shall be measured in feet, at right angles in each direction, from the centerline of the streets listed, unless otherwise specified. Where any portion of a street listed in this division lies within a residential district (R-1, R-1A, R-1AA, R-2, R-3, MH, PD or RO), the setback shall be determined by either the setback listed in this division or by the front yard requirement as determined by other sections of this chapter, in addition to the street width, whichever is greater.

(c)

Where an R-3, RO, RBH, O-1, B-1 or B-1A zoned lot fronts on a street having a minimum of three through-traffic lanes, required parking and access drives shall be allowed in the required yard up to five feet from the property line, provided that the required five-foot setback shall be landscaped.

(Code 1961, § 22-15(a); Ord. No. 1603, § 4, 10-4-83; Code 1985, § 7-986; Ord. No. 1832, § 14, 4-15-86; Ord. No. 1903, § 7, 2-3-87; Ord. No. 2008, § 2, 6-21-88; Ord. No. 2275, § 61, 5-5-92; Ord. No. 2019-28, § 30, 3-19-19)

All permanent structures and all new and existing trees, landscaping and signs shall be maintained so that vision is not obstructed between 2½ feet and ten feet. Tree trunks, sign pylons, and municipal and franchise utility poles shall not be governed by the provisions of this section.

(Code 1961, § 22-15(b); Code 1985, § 7-987)

Cross reference— Traffic and vehicles, ch. 66; visibility at intersections generally, § 122-253.

Unless specifically provided otherwise, the minimum street right-of-way width shall be 50 feet with curb and gutter or 60 feet without curb and gutter, for all streets or portions of streets. The building official may reduce the minimum street width setback when the city engineer determines that it is not necessary or practical to maintain it.

(Code 1961, § 22-15(c); Ord. No. 1662, § 1, 5-15-84; Code 1985, § 7-988; Ord. No. 2275, § 62, 5-5-92)

Streets or portions of streets for which minimum setbacks and street widths are specifically designated are listed as follows:

(Code 1961, § 22-15(d); Ord. No. 1634, § 1, 3-6-84; Ord. No. 1661, § 1, 5-8-84; Ord. No. 1662, § 2, 5-15-84; Code 1985, § 7-989; Ord. No. 1769, § 1, 8-6-85; Ord. No. 1917, § 1, 4-7-87; Ord. No. 1926, § 1, 5-12-87; Ord. No. 2017-38, § 3, 3-21-17; Ord. No. 2018-42, § 42, 9-25-18)

(a)

This division shall apply to the location, design, construction, operation and maintenance of service stations.

(b)

This division may be referred to in article V, division 2 of this chapter by the number "9."

(Code 1961, § 22-8(9); Code 1985, § 7-1066)

A plot to be used for any drive-in or drive-through use shall be a minimum of one acre in size, but in no case shall the width of a lot be less than that provided in subsection 122-607(2).

(Code 1961, § 22-8(9)(a); Code 1985, § 7-1067; Ord. No. 2021-33, § 15, 3-16-21)

(a)

Distance of tanks and pumps from certain uses.

(1)

The following distance, or a hearing, shall be required: There shall be a minimum distance of 100 feet, measured by the shortest measurement, between the boundary line of any plot occupied by a church, hospital, public school, public library, stadium, arena or place of public assembly (as defined in the applicable building code) and any gasoline or petroleum products storage tank or gasoline or petroleum products distribution pump or vent pipes.

(2)

If the distance requirements outlined in subsection (a)(1) of this section cannot be adhered to, a special exception shall be required to determine the compatibility and suitability of the site from the standpoint of the safety of the general public.

(b)

Distance of pumps and canopy from street and property lines, distance of building, pumps and canopy from residential property. The following clearances are required:

(1)

Gasoline pumps and canopy shall be located not less than 15 feet from any street right-of-way line and not less than 15 feet from any other property line.

(2)

No service station building, canopy or gasoline pump shall be located within 25 feet of any property which is residentially zoned.

(Code 1961, § 22-8(9)(b), (c); Code 1985, § 7-1068; Ord. No. 1793, § 1, 11-12-85; Ord. No. 2753, § 25, 8-19-97; Ord. No. 4073, § 16, 8-21-01; Ord. No. 5023, § 53, 2-19-02)

Where plots to be used for service stations abut on any property which is residentially zoned, there shall be a wall of good quality and design on all property lines other than street lines. The wall shall be six feet in height, except that where the wall extends to within 15 feet of and at an angle to a street line, no wall or any other obstruction shall be permitted. Such wall shall be continuous and unpierced, except that a wall along an alley line may have a three-foot opening, which shall be closed by a substantial gate when the opening is not in use.

(Code 1961, § 22-8(9)(d); Code 1985, § 7-1069; Ord. No. 2021-33, § 16, 3-16-21)

Editor's note— Ord. No. 2021-33, § 17, adopted Mar. 16, 2021, repealed § 122-1265 entitled "Driveways," which derived from: Code 1961, § 22-8(9)(e); and Code 1985, § 7-1070.

Editor's note— Ord. No. 2021-33, § 18, adopted Mar. 16, 2021, repealed § 122-1266 entitled "Lighting," which derived from: Code 1961, § 22-8(9)(f); and Code 1985, § 7-1071.

Truckstops which cater to overnight parking of semitrailer trucks and provide sleeping and other facilities for drivers are prohibited in any self-service station/convenience store subject to the requirements of 122-1196.

(Code 1961, § 22-8(9)(g); Code 1985, § 7-1072; Ord. No. 2021-33, § 19, 3-16-21)

Where a service station is to have self-service gasoline facilities, the requirements of F.S. § 526.141 shall be satisfied.

(Code 1961, § 22-8(9)(h); Code 1985, § 7-1073; Ord. No. 2753, § 26, 8-19-97)

(a)

The following shall be required:

(1)

There shall be a minimum distance of 100 feet, measured by the shortest measurement, between the boundary line of any plot occupied by a residential, public, semipublic, institutional or educational facility (as defined in the applicable building code) and a bottled gas storage tank and distribution system.

(2)

Sufficient access and driving surface shall be provided for the servicing of vehicles.

(3)

If the distance requirements outlined in subsection (a) of this section cannot be adhered to, a special exception shall be required to determine the compatibility and suitability of the site from the standpoint of the safety of the general public.

(4)

The maximum gallon capacity of the tanks will not exceed 1,000 gallons.

(5)

The total height of the tank, valves, pipes, etc., shall not be greater than eight feet.

(6)

The tank will be screened from public view as per city staff recommendations.

(b)

The following clearances are required:

(1)

Dispensing pumps shall be located not less than 15 feet from any street right-of-way line and not less than 15 feet from any other property line.

(2)

No dispensing pumps shall be located within 25 feet of any property which is residentially zoned.

(Code 1985, § 7-1074; Ord. No. 1870, § 1, 9-2-86; Ord. No. 2753, § 27, 8-19-97; Ord. No. 5023, § 54, 2-19-02)

Home occupations may be conducted in all residential districts under the provisions of this division. This division may be referred to in article V, division 2 of this chapter by the number "11."

(Code 1961, § 22-8(11); Code 1985, § 7-1076)

The following shall not be considered home occupations:

(1)

Beauty shops of two chairs or more.

(2)

Barbershops.

(3)

Band instrument instructor.

(4)

Dance or art studios.

(5)

Public dining facilities.

(6)

Antique or gift shops.

(7)

Photographic studios.

(8)

Fortunetelling.

(9)

Retail sales.

(10)

Outdoor repair.

(11)

Nursery schools caring for more than five children including those children of preschool age which are related by marriage, blood or adoption to the operator.

(Code 1961, § 22-8(11)(f); Ord. No. 1604, § 1, 10-4-83; Code 1985, § 7-1077; Ord. No. 1768, § 1, 8-6-85; Ord. No. 2753, § 28, 8-19-97)

(a)

Family day care homes may be allowed as a home occupation pursuant to F.S. § 402.302(7).

(b)

A one-chair hairstyling shop may be allowed as a home occupation by the city council after a public hearing and a recommendation from the planning and zoning commission. The planning and zoning commission shall conduct a public hearing in the same manner as outlined in article II, division 6 of this chapter. Provision of any related services allowed under the definition of hairstyling shop shall also be limited to no more than one client at a time.

(c)

The use of one limousine or one nonemergency vehicle to provide transportation services may be allowed as a home occupation by the city council after a public hearing and a recommendation from the planning and zoning commission. The planning and zoning commission shall conduct a public hearing in the same manner as outlined in article II, division 6 of this chapter.

(Ord. No. 2753, § 29, 8-19-97; Ord. No. 2014-35, § 2, 6-17-14)

(a)

Required; application. Any person desiring to conduct a home occupation in a residential district shall first apply to the building official for a permit therefor. Such application shall be on a form prepared by the building official and shall include, but not by way of limitation, the following information:

(1)

Name of the applicant.

(2)

Location of the residence wherein the home occupation, if approved, will be conducted.

(3)

Total floor area of the first floor of the residence.

(4)

Area of rooms to be utilized in the conduct of the home occupation.

(5)

A sketch showing the floor plan and the area thereof to be utilized for the conduct of the home occupation.

(6)

The nature of the home occupation sought to be approved.

(b)

Issuance; fee. If all requirements are met, the building official shall then issue a permit for such home occupation. A fee of $10.00 to cover administrative costs shall be collected before the permit is issued, and an annual renewal fee of $5.00 shall be charged thereafter. This fee shall not be deemed to replace any present or future occupational license fees or taxes that may be required by the city, but is to be deemed an added fee.

(c)

Objections to issuance; revocation. Any resident of the city shall have the right to object to the issuance of a home occupation permit and shall have the right to request a hearing before the planning and zoning commission. The planning and zoning commission shall have the power to revoke any home occupation permit, if after a hearing, it finds the activities of the holder of the home occupation permit constitute a nuisance.

(Code 1961, § 22-8(11)(j)—(l); Code 1985, § 7-1078)

There shall be no display of goods or advertising of a home occupation visible from any street.

(Code 1961, § 22-8(11)(a); Code 1985, § 7-1079)

A nonilluminated nameplate, not exceeding one square foot in area, may be displayed for a home occupation, providing the nameplate is affixed flat against the exterior surface at a position not more than two feet distant from the main entrance to the residence.

(Code 1961, § 22-8(11)(b); Code 1985, § 7-1080)

No home occupation shall occupy more than 20 percent of the first floor area of the residence, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. No rooms which have been constructed as an addition to the residence, nor any attached garage or porch which has been converted into living quarters, shall be considered as floor area until two years after the date of the completion thereof, as shown by the records in the city building department.

(Code 1961, § 22-8(11)(c); Code 1985, § 7-1081)

No home occupation shall be conducted in an accessory building. The home occupation must be conducted in the residence of the proprietor.

(Code 1961, § 22-8(11)(d); Code 1985, § 7-1082)

No electric motor having greater than one-third horsepower rating shall be used in the conduct of any home occupation, and the total combined ratings of such permitted electric motors shall not exceed one horsepower.

(Code 1961, § 22-8(11)(e); Code 1985, § 7-1083)

All motors and equipment used in the conduct of any home occupation shall be shielded so as not to cause radio or television interference.

(Code 1961, § 22-8(11)(g); Code 1985, § 7-1084)

Only members of the immediate family living in the residence shall be permitted to work at the home occupation.

(Code 1961, § 22-8(11)(h); Code 1985, § 7-1085)

No home occupation use may be conducted entailing the use of chemicals or matter or any type of energy that may create or cause to be created objectionable noise, noxious odors or hazards dangerous to the public health, safety or welfare.

(Code 1961, § 22-8(11)(i); Code 1985, § 7-1086)

The regulations set out for day care facilities shall apply to all such activities in this section conducted by private and public entities. A day care facility shall be permitted subject to a special exception in the A-1, R-2, R-3, O-1, M-1 and M-2 districts. A day care facility shall be permitted subject to a special exception in the R-1, R-1A and R-1AA districts, if part of a church/place of worship site or located on a parcel rezoned by Ordinance No. 5674. A day care facility shall be permitted without exception in the OP, B-1, B-1A, B-2, B-2A, FBC, B-3C, B-4, SC, and INST (institutional) districts.

(Code 1985, § 7-1096; Ord. No. 2275, § 79, 5-5-92; Ord. No. 2533, § 3, 7-11-95; Ord. No. 2801, § 9, 12-9-97; Ord. No. 5675, § 2, 6-6-07; Ord. No. 2018-42, § 43, 9-25-18)

The facilities, operation and maintenance of day care facilities shall meet all applicable state and local health and safety regulations.

(Code 1985, § 7-1097; Ord. No. 2275, § 79, 5-5-92)

The total lot area shall be no less than 15,000 square feet, and the lot width shall be no less than 100 feet.

(Code 1985, § 7-1098; Ord. No. 2275, § 79, 5-5-92)

(a)

Outdoor Play Areas. Outdoor play areas shall be encouraged to the greatest extent possible. All outdoor play areas must be identified on a site sketch or conceptual plan and shall be designed in a manner consistent with all applicable state and local health and safety regulations.

1.

All outdoor play activities shall be conducted within a fenced play area, and no outdoor play activity shall be conducted before 8:00 a.m. or after 8:00 p.m.

2.

An outdoor play area must be fenced with no portion closer than 20 feet to any residential lot line, or closer than 50 feet to any public street. In addition, there shall be a ten-foot landscaped buffer between any portion of the fenced play area and any nonresidential lot line. This ten-foot buffer shall be designed in accordance with subsection 122-260(e).

3.

A solid masonry wall shall be provided between outdoor play areas and residential lot lines. However, vegetative screening may be substituted for the wall if, in the opinion of the building official and planning director, this vegetative screening furnished equal protection against noise.

(b)

Indoor Play Areas. In such cases that an outdoor play area is deemed not available, illogical, or hazardous due to site conditions or constraints, and a daycare facility is appropriately licensed as an urban childcare facility under S. 65C-22.001 F.A.C., an indoor play area shall be permitted. All indoor play areas must be identified on a site sketch or conceptual plan and shall be designed in a manner consistent with all applicable state and local health and safety regulations.

(Code 1961, §§ 22-8(12)(b)—(e); Code 1985, § 7-1099; Ord. No. 2533, § 4, 7-11-95; Ord. No. 6004, § 1, 7-23-09; Ord. No. 2023-52, § 1, 8-1-23)

A minimum of 35 square feet of usable indoor floor space must be provided for each child. "Usable indoor floor space" refers to that space available for indoor play, classroom, work area, or nap space. Usable indoor floor space for the facility as a whole is calculated by measuring the floor space at floor level from interior walls, and by deleting space for stairways, toilets and bath facilities, permanent fixtures and non-movable furniture. Kitchens, offices, laundry rooms, storage areas, hallways, and other areas not used in normal day-to-day operations are not included when calculating usable indoor floor space.

(Ord. No. 6004, § 1, 7-23-09)