(a)

These regulations apply to lands in and subject to the North U.S. Highway 1 Municipal Service Area and Joint Planning Area (MSA/JPA) as established by the interlocal service boundary agreement (ISBA) between the city and County of Volusia recorded at Book 7026, Pages 878 through 895 of the Public Records of Volusia County, Florida, which became effective on August 28, 2014, and the first amended ISBA recorded at Book 7758, Pages 4680 through 4683 of the Public Records of Volusia County, Florida, which became effective on October 11, 2019, and the second amended ISBA recorded at Book 8228, Pages 1974 through 1978 of the Public Records of Volusia County, Florida, which became effective on March 30, 2022.

(b)

As a predicate to establishing the regulations in this article, the city commission approved, in accordance with the requirements of F.S. § 171.203(9) and the ISBA, on January 20, 2015, Ordinance No. 2014-42 and Ordinance No. 2015-5 amending the future land use element, the intergovernmental element, and the future land use map of the city's comprehensive land use plan; and approved on April 7, 2015 Ordinance No. 2015-13 and Ordinance No. 2015-14 establishing zoning districts for lands in and subject to the MSA.

(Ord. No. 2015-27, § 1, 6-23-2015; Ord. No. 2021-04, § 1, 2-2-2021; Ord. No. 2022-41, § 1, 1-10-2023)

(a)

The North U.S. Highway 1 corridor serves as the northernmost gateway (gateway) into the County of Volusia and the cities of Ormond Beach (city), Daytona Beach, Holly Hill, South Daytona and Port Orange (collectively the cities). Visitors, tourists, residents, and business owners utilize the gateway to travel to and from various destination points in the cities. The city commission has for many years encouraged the revitalization of the gateway to eliminate blight and promote economic development, including the adoption of gateway standards and policies.

(b)

Certain lands in the MSA and adjacent to the gateway are located in the unincorporated territory of the county and certain other lands are located within the municipal boundaries of the city, which resulted in the lands being subject to different and confusing zoning, land use, development, and other regulations. Those different standards have resulted in the inefficient planning and development of lands, as well as the inefficient delivery of public services and resources. Despite the efforts and expenditure of significant resources by the city to encourage the revitalization and economic development of lands within the city adjacent to and near the gateway (including, by way of example, but not limited to, Ormond Beach Sports Complex, Ormond Crossings commercial/residential mixed use development, S.R. Perott distribution center, Hull Point Business Park, Ormond Business Park, and Ormond Commerce Park), other lands in the unincorporated territory of the county within the MSA remain in blighted conditions (primarily vacant or unimproved lands).

(c)

The city commission recognizes that certain lands in the MSA adjacent to the gateway have hosted under the county's jurisdiction tourist related special events for limited durations or on a temporary basis in accordance with itinerant merchant regulations adopted by the county, which allowed for the issuance of a host license for a one-year period and the issuance of individual vendor permits for a six-month period upon the satisfaction of certain conditions. The issuance of host licenses and individual vendor permits for limited periods did not establish a right or expectation that itinerant merchant activities could occur beyond the duration of the recognized special event as authorized by a host license or individual vendor permit.

(d)

The city commission recognizes by Ordinance 2015-27 that the county authorized by special exception temporary campsite activities on vacant or unimproved land during special events, subject to certain conditions, and being limited in time and duration; and that the conditions of the special exception did not create a right or expectation that temporary campsite activities could occur beyond the limited time and duration prescribed by the special exception. Ordinance 2015-27 provided that temporary campsite activities shall be prohibited as of August 28, 2019. Temporary campsite activities are now prohibited.

(e)

The city commission recognizes that special event activities occur on improved and unimproved lands in the MSA, as those terms are defined in these regulations, and the city commission desires to establish reasonable regulations for itinerant merchant activities and temporary campsite activities consistent with the city's policies to eliminate blight and encourage economic revitalization in the MSA and along the gateway.

(f)

The city commission recognizes that itinerant merchant activities and temporary campsite activities generate significant impacts related to intensive traffic, intensive parking needs, pedestrian safety, noise, and visual and aesthetic blight, which require additional public resources beyond the needs that would otherwise be required; that these significant impacts are generated on and from improved and unimproved lands in the MSA adjacent to the gateway, however the owners of improved land pay a disproportionately higher rate for the provision of public resources that are required to manage itinerant merchant activities and temporary campsite activities, because:

(1)

Owners of vacant or unimproved land pay far less in ad valorem taxes to offset the public service impacts, than do owners of improved land;

(2)

Vacant or unimproved land is not assessed for the income received by property owners that are generated by itinerant merchant activities or temporary campsite activities; and

(3)

Vacant or unimproved land that is used primarily for itinerant merchant activities or temporary campsite activities during recognized special events remain in blighted conditions and have debilitating effects on adjacent property values.

(g)

The city commission has determined the nature of itinerant merchant activities and temporary campsite activities that occur on lands in the MSA adjacent to the gateway have debilitating visual effects on passing motorists, including visitors, tourists, residents, and families with children who must utilize the gateway route, passing through the itinerant merchant activities, to reach their points of destinations, whether it is the city's Ormond Beach Sports Complex for youth recreational activities, residential neighborhoods, businesses, or other destination points in other cities.

(h)

The city commission has therefore determined that these itinerant merchant and temporary campsite regulations are necessary to protect the health, safety and welfare of the general public; to promote the elimination of blight and encourage economic development to revitalize the MSA and gateway, and to protect property values; that these regulations serve both a rational basis and compelling government interest; and that the findings of the city commission should be afforded broad deference by any court of competent jurisdiction in the resolution of any issue, should any arise, regarding these regulations.

(Ord. No. 2015-27, § 1, 6-23-2015; Ord. No. 2021-04, § 1, 2-2-2021)

The following definitions apply to this article. For words that are not defined in this section, the definitions in section 1-22 of this Land Development Code shall apply if not in conflict with this article. For words that are not defined by this section or section 1-22 of this Land Development Code, the definition in the most recent edition of Webster's New Collegiate Dictionary shall apply if not in conflict with this article.

Building means a permanent structure having a roof that is impervious to weather and enclosing a space with four (4) walls that is utilized for a primary business use.

Business use means a lawful activity that is commonly and customarily recognized as a business or commercial activity, regardless whether or not such activity is for-profit or not-for-profit.

High impact use shall mean itinerant commercial uses or activities on improved land, or on vacant or unimproved land; and at one time included activities related to temporary campsites that are prohibited as of August 28, 2019.

Improved land means land on which permanent improvements consisting of one (1) or more buildings are being utilized for the express purpose of engaging in a primary business use in accordance with all legal requirements.

Improved land category means itinerant commercial use or activities on improved land.

Itinerant commercial activity means a commercial use or activity of intermittent or temporary existence, or not being of a permanent and continuous existence on a year-round basis, regardless whether such use or activity is for-profit or not-for-profit. These activities commonly include, but shall not be limited to, tattoo services, food vending, retail, and portable stationary simulation rides. Itinerant commercial activity shall not be a primary business use.

Itinerant vendor permit means a permit issued to an individual person or business authorizing the person or business to engage in itinerant commercial activities at a specific location and for a temporary duration specified in the permit.

Local business tax receipt (BTR) shall have the meaning prescribed in F.S. ch. 205. It is a receipt issued by the city or county granting a privilege to engage in a lawful business activity, exclusive of any fees for applicable licenses, permits, registrations, examinations or inspections.

Master vendor permit means a permit that is issued to a property owner authorizing one (1) or more individual itinerant vendors to conduct itinerant commercial activities on the property owner's land for a temporary duration specified in the permit. The permit duration may be annual or six (6) months in duration.

Organized or criminal gang, organized or criminal gang member, and organized or criminal gang associate shall have the meanings described in F.S. ch. 874, as the same presently exists or may be hereafter amended. Organized or criminal gangs shall also include, but shall not be limited to, those organizations or gangs described in the most recent editions of the national gang report or other national gang threat assessment published by the National Gang Intelligence Center, the Federal Bureau of Investigation, or any other state or nationally recognized agency or authority on criminal gangs; and shall include any organization or gang that meets the elements of F.S. ch. 874 regardless of any conviction or official adjudication. Organized or criminal gang associate shall also include any owner of, or other person having an equitable, beneficial or leasehold interest in, land, property, building, structure, business, object, device, motorcycle or vehicle who allows or permits his or her land, property, building, structure, business, object, device, motorcycle or vehicle to be occupied or utilized by an organized or criminal gang, or to facilitate or permit unlawful activity, or for the assembly of organized or criminal gang members or gang associates.

Outdoor entertainment activity means an activity specific to a primary business use, that is typically smaller in scope than recognized special event activities, and that must occur on-site as an accessory activity to the primary business use of the property. For purposes of the term "outdoor entertainment activity," music, participant contests, auto exhibits, games and similar activities hosted on-site of a primary business use shall not be outdoor entertainment activity. Administrative approvals shall be required for outdoor entertainment activities. Except during and for the limited exception provided in section 2-88 of this article for land in the vacant or unimproved land category, outdoor entertainment activity shall not be allowed or permitted on vacant or unimproved land. No outdoor entertainment activity permit shall be required for accessory use events conducted totally on-site with the primary business use and which do not exceed an anticipated attendance of five hundred (500) or more participants. An inspection fee each may be required if tents are proposed, outside vendor food preparation is involved or other activities requiring inspection is proposed.

Outdoor entertainment activity permit means a permit issued for outdoor entertainment activity that is to occur on the property where a primary business use occurs, and for a temporary duration specified in the permit; except only that outdoor entertainment activities may be allowed during and for the limited exception provided in section 2-88 of this article, for land in the vacant or unimproved land category.

Primary business use means a chief, dominate or main business use of permanent and continuous existence, on a year-round basis, on improved land. It must be authorized by a valid local business tax receipt, regardless whether such activity is for-profit or not-for-profit. It does not include itinerant commercial activity or a temporary campsite activity; nor does it include land for which a business tax receipt has issued where discernible business activity that is customarily associated with such business is not being conducted. The purpose of this definition and these regulations is to ensure that vacant, unimproved or blighted land is not utilized primarily or solely for itinerant commercial activities for limited periods during temporary special events or used for temporary campsite activity for any period.

Recognized special events mean Daytona Beach Bike Week Festival, as established by the Bike Week Executive Committee; Daytona Beach Biketoberfest Special Event, as established by the Biketoberfest Development Committee of the Daytona Beach Area Convention and Visitors Bureau; Daytona Speed Weeks, encompassing that time period commencing with the Rolex 24-Hour Race and ending with the Daytona 500 Race, as established by the Daytona International Speedway; and Pepsi 400 Race, as established by the Daytona International Speedway and any other specially licensed outdoor entertainment activity involving more than one (1) property owner or includes five hundred (500) or more participants.

Vacant or unimproved land means land on which permanent improvements consisting of one (1) or more buildings do not exist or are not being utilized for the express purpose of engaging in a primary business use; and shall include land for which a business tax receipt has issued authorizing a business use where discernible business activities that are customarily associated with such business are not being conducted.

Temporary campsites shall mean that land described in section 2-90 of this article upon which campsites and related activities of a temporary nature and limited duration had at one time been authorized during recognized special events. Temporary campsites did not constitute a primary business use, and are prohibited as of August 28, 2019.

Vacant or unimproved land category means itinerant commercial uses or activities on vacant or unimproved land; it also includes temporary campsite activity.

(Ord. No. 2015-27, § 1, 6-23-2015; Ord. No. 2021-04, § 1, 2-2-2021)

(a)

High impact uses. Itinerant commercial uses or activities generate significant impacts on the use of improved land, and (including temporary campsite activity that is now prohibited as of August 28, 2019) on vacant or unimproved land, including, but not necessarily limited to, intensive parking needs, intensive traffic, pedestrian safety, noise, and visual and aesthetic blight. Property values in Florida are based on the aggregate total of building improvement and land value. Much of the total taxable value in property involves a building improvement to land value ratio of approximately 70:30. Consequently, vacant or unimproved land that is used primarily or solely for the purpose of hosting itinerate commercial activities or uses for a recognized special event that has limited duration is problematic because:

(1)

Owners of vacant or unimproved land pay little in taxes to offset the costs of public service impacts related to the event;

(2)

Vacant or unimproved land is not assessed by the property appraiser for the income to property owners generated by itinerate commercial activities or uses;

(3)

Vacant or unimproved land that is used primarily or solely for itinerate commercial activities or uses, have debilitating effects on adjacent property values in the MSA and adjacent gateway.

To promote the use of land for primary business use purposes, an amortization schedule shall be imposed for itinerant merchant activities and uses, for outdoor entertainment activities, (and for temporary campsites which are now prohibited as of August 28, 2019), for the vacant or unimproved land category as provided in section 2-88 this article.

(b)

Improved land category. According to the host itinerant merchant records of the county, the improved lands with primary business uses described below engaged in itinerant commercial uses or activities during recognized special events in the unincorporated territory of the county during the 2013-2014 year immediately preceding the effective date of the ISBA, and during the 2014-2015 year following the effective date of the ISBA. Lands with primary business uses in this category shall be allowed to continue engaging in such uses or activities after the effective date of the ISBA and shall be exempt from the amortization schedule that applies to the vacant or unimproved land use category for so long as said lands are used for primary business use purposes:

(1)

Recognized special event host:

a.

1635 N. US Hwy 1 (Destination Daytona, activities as specified in the county development order).

b.

1065 N. US Hwy 1 (Standard Cycle/Biker Haven).

c.

1068 N. US Hwy 1 (Iron Horse Saloon).

d.

1106 N. US Hwy 1 (Hired Gun).

e.

253 Destination Daytona Lane (J&P Cycles).

f.

1658 US Hwy 1 (Love's Travel Stop).

g.

1622 N. US Hwy 1 (Sunshine #230 Store).

h.

1080 N. US 1 (Harris Village RV/Eagles Nest).

i.

1105 N. US Hwy 1 (Low Country Oysters of Ormond Beach).

j.

1481 N. US Hwy 1 (Annie Oakley's Saloon).

k.

1074 N. US Hwy 1 (Ocean Club).

l.

470 Destination Daytona Blvd (Wyotec).

m.

1041 N. US Hwy 1 (J Discount #2).

n.

1069 and 1077 N. US Hwy 1 (Paul's Mobile Village/Hog Pen).

o.

1090 N. US Hwy 1 (Kurras Mobile Village/Wild Bill).

p.

1151 N. US Hwy 1 (Broken Spoke).

(2)

Outdoor entertainment activity:

a.

1635 N. US Hwy 1 (Destination Daytona, activities as specified in the county development order).

b.

1068 N. US Hwy 1 (Iron Horse Saloon).

c.

1065 N. US Hwy 1 (Standard Cycle/Biker Haven).

d.

1105 N. US Hwy 1 (Low Country Oysters of Ormond Beach.

e.

1069 and 1077 N. US Hwy 1 (Paul's Mobile Village/Hog Pen).

f.

1090 N. US Hwy 1 (Kurras Mobile Village/Wild Bill).

g.

1151 N. US Hwy 1 (Broken Spoke).

(c)

Amortization scheduled for vacant or unimproved land category. Itinerant commercial uses or activities, including temporary campsite activities, have the same significant impacts on vacant or unimproved land as those impacts that occur on improved land. Business establishments and lands that are not included in the improved land category described in subsection (b) of this section shall be in the vacant or unimproved land category for purposes of these regulations. Itinerant commercial activities and outdoor entertainment activities, and temporary campsites, for lands in the vacant or unimproved land category shall be subject to amortization as provided in section 2-88 of this article.

(Ord. No. 2015-27, § 1, 6-23-2015; Ord. No. 2021-04, § 1, 2-2-2021)

(a)

Vacant or unimproved land category; amortization schedule. Lands that are subject to the vacant or unimproved land category described in subsection 2-87(c) of this article above were entitled to host itinerant commercial activities and outdoor entertainment activities, or temporary campsite activities as provided by section 2-90 of this article, during recognized special events for a period that automatically terminated five (5) years from the effective date of the interlocal service boundary agreement (said effective date being August 28, 2014). Itinerant commercial activities and outdoor entertainment activities, and temporary campsites are now prohibited as of August 28, 2019.

(b)

Primary business use; inclusion or exclusion from list based on reasonable cause and accounting. In the event a city official who is responsible for administering, implementing or enforcing these regulations has reasonable cause to believe any land in the improved land category is not being utilized for a primary business use as required by these regulations, then in such event the owner of, or other person having an equitable, beneficial or leasehold interest in, such lands or business shall, upon request by the city official, produce proof or evidence sufficient to demonstrate that the land is being used for a primary business use. A request for proof or evidence may include:

(1)

Inspection of the land and/or business use.

(2)

Marketing or advertisement material.

(3)

Evidence of the utilization of goods, services, and wares by customers (e.g., sales receipts; receipts evidencing the delivery of goods, services, or wares, etc.).

(4)

Monthly sales tax remittance, quarterly Internal Revenue Code 941 filing, annual federal tax return, and/or other financial documentation that is deemed reasonable and appropriate under the circumstances.

(5)

Any other documentation reasonably related to a request for information to substantiate a primary business use.

A failure to provide the information requested within the time period prescribed in a written request for information or the failure to provide information satisfactory to demonstrate the land is being utilized for a primary business use shall result in the land being removed by the city commission from the improved land category. The absence of primary business use activity for a period of sixty (60) consecutive days shall create a rebuttable presumption that a primary business use does not exist or has been abandoned. In such event, the lands and business shall be subject to the amortization requirements in this section.

(c)

Removal of land/business from improved land category. The city commission reserves the right and authority to remove lands and businesses from the improved land category in the absence of a primary business use. The amortization requirements of this section shall apply to any such land/business so removed.

(Ord. No. 2015-27, § 1, 6-23-2015; Ord. No. 2021-04, § 1, 2-2-2021)

Applications for a host license and individual vendor permit for itinerant commercial activity shall be reviewed by members of the city's site plan review committee, and upon a determination an application satisfies all conditions provided herein and any other conditions that may be deemed to be reasonably necessary, a license or permit shall be issued administratively by the site plan review committee:

Recognized special events.

(1)

All retail and service activities shall occur outside public rights-of-way.

(2)

A master vendor shall be responsible to ensure all individual itinerant vendors operating under the master vendor permit comply with these provisions.

(3)

A fully completed application for a master vendor permit shall include attachments containing the following information:

a.

A single site plan eight and one-half inches by eleven inches (8½" × 11"), drawn to scale must show all necessary elements and shall include the following, if applicable:

1.

Location of existing facilities/structures.

2.

Location of proposed temporary facilities/structures.

3.

Proposed traffic flow and provisions for ingress/egress.

4.

Measures for security/crowd control (i.e., arranged through Volusia County Sheriff's Office, Ormond Beach Police Department, or State Highway Patrol).

5.

Measures for the provision of medical care.

6.

Lighting.

7.

Solid waste disposal.

8.

Parking.

9.

Location of bands, music venues, dance venues, and motorcycle/car wash venues.

10.

Sanitation facilities.

11.

Vendor permits (i.e., vendor list with vendor names, goods and/or services to be provided).

b.

If more than one (1) event is anticipated to occur throughout the year, a list of events with approximate event dates and anticipated participant level shall be provided for each event. A permit and/or inspection shall be determined based upon the information provided.

c.

A list or schedule of events that are to occur at the location for the duration of the permit, including any host drinking contests or games, motorcycle/car washes (excluding those held by a church, school, or civic organizations). Contests involving disrobing or wet T-shirt contests, slaw/pudding/jello wrestling, bobbing or similar contests are prohibited.

d.

Individual itinerate vendors will be required during special events to have an itinerant vendor permit to do business.

e.

No person or business receiving a master vendor permit or individual vendor permit may engage in any of the following activities:

1.

Activities involving the operation of aircraft;

2.

Events involving the discharge of explosive devices in violation of state or federal law;

3.

Activities in which farm animals or wild animals are displayed or interact with the public;

4.

Outdoor event involving the exhibition of moving, driver-occupied motorized vehicles such as stunt shows, dyno-drag or dyno unit; except that the Wall of Death and burn-out pit activities, only, are allowed; or

5.

Activities involving the discharge of any toxic or harmful substance.

f.

Portable side-by-side stationary racing dynamometers for bike drag race simulation are permitted.

g.

The master vendor shall have the following set-up times:

1.

Recognized special events: up to five (5) days prior to the official startup of the event.

2.

All other events: twenty-four (24) hours.

h.

All vendors setting up outside a permanent building, using a tent or other temporary structure shall have an inspection by the city's building division twenty-four (24) hours prior to operating.

i.

A vendor may be allowed the use of one (1) portable outdoor sign in the form of a sandwich board or other similar design to be used for advertisement of daily specials, events or services of the vendor during the event. The sign may only be set out each day at the opening of business hours and shall be removed each day at the end of business hours. All signs shall require a sign permit. The sign shall not exceed sixteen (16) square feet in size and must be constructed of sufficient material to withstand adverse weather events. Any other form of sign including, but not necessarily limited to, human sign, human signage, or any sign held by, attached to, affixed to, or covering any person is prohibited.

j.

Vendor activities and advertising must at all times be confined to the vendor space identified either in the master vendor permit or individual vendor license.

k.

Individual vendors shall physically vacate the vending space after the event officially closes, as follows:

1.

Recognized special event: seventy-two (72) hours.

2.

All other events: twenty-four (24) hours.

l.

Food vendors must operate in compliance with the requirements of the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation. Food vendors must show proof that they meet all applicable health department regulations and hold all valid food service licenses required for their operations.

m.

Zoning restrictions on tattoo services shall not apply during recognized events but must operate in compliance with the provisions set forth in F.S. § 877.04, as amended, and any other applicable state laws and city regulations.

n.

Motorcycle/car wash events or activities that are not a primary business use are prohibited.

o.

All forms of dance, music, or other live entertainment events or activities, as authorized by a license or vendor permit, must be a minimum of fifty feet (50') from the nearest paved edge of the North U.S. Highway 1 (gateway) right-of-way, and must be completely screened from view from the gateway by an opaque cover or material approved by members of the site plan review committee. These distance and screening requirements are determined to be reasonable time, place, manner restrictions for the protection of the health, safety and welfare of the general public, particularly considering the mix of motorists traveling on the gateway and pedestrians and spectators traversing on or along the gateway.

p.

Dance poles are prohibited.

q.

Dance stages and dance platforms shall not exceed a height of eighteen (18) inches from the ground; and shall only be available for use by customers, patrons or spectators. No other use shall be allowed for any purpose or by any other persons, specifically including any use by an employee, agent, independent contractor, or volunteer of any host land owner or vendor.

r.

Must be open to and accessible by members of the general public; and must not discriminate against race, color, gender, religion, creed, nation origin, sex, age, or sexual orientation, or disability.

s.

No land, property, business, or structure shall be used for any unlawful purpose, or purpose inconsistent with this Land Development Code or the Code of Ordinances of the City of Ormond Beach; and shall not be used by an organized or criminal gang, or for the assembly of organized or criminal gang members, or for the assembly of associates of organized or criminal gang members.

(4)

Outdoor entertainment activity (OEA). In addition to applicable provisions for special event activities, the following items shall be required for the approval of an OEA permit:

a.

The permit shall be administratively reviewed and approved in accordance with the city's regulations.

b.

The permit shall be for an individual outdoor activity only.

c.

A drawing to scale depicting the placement of structures, tents, lighting and sound plans, and provisions for vehicular parking and access.

d.

Department of health approval for food vendors if applicable.

e.

Provisions for adequate security and traffic control approval from the Ormond Beach Police Department.

f.

Provisions for emergency services and fire.

g.

Written notarized authorization for unlimited and unconditional twenty-four-hour access to the site for city inspectors.

h.

Compliance with local and state laws and regulations regarding food and beverage concession operations.

i.

Vendors must possess a valid business tax receipt or registration.

j.

OEA involving less than five hundred (500) participants and located on-site with the sponsoring business use shall be considered accessory to that business use and may be included in the list of activities for an annual master vendor permit.

k.

Zoning restrictions on tattoo services shall not apply during recognized events but must operate in compliance with the provisions set forth in F.S. § 877.04, as amended, and any other applicable state laws and city regulations.

l.

Motorcycle/car wash events or activities that are not a primary business use are prohibited.

m.

All forms of dance, music, or other live entertainment events or activities, as permitted by a license or permit, must be a minimum of fifty feet (50') from the nearest paved edge of the North U.S. Highway 1 (gateway) right-of-way, and must be completely screened from view from the gateway by an opaque cover or material approved by members of the site plan review committee. These distance and screening requirements are determined to be reasonable time, place, manner restrictions for the protection of the health, safety and welfare of the general public, particularly considering the mix of motorists traveling on the gateway and pedestrians and spectators traversing on or along the gateway.

n.

Dance poles are prohibited.

o.

Dance stages and dance platforms shall not exceed a height of eighteen inches (18") from the ground; and shall only be available for use by customers, patrons or spectators. No other use shall be allowed for any purpose or by any other persons, specifically including any use by an employee, agent, independent contractor, or volunteer of any host land owner or vendor.

p.

Must be open to and accessible by members of the general public; and must not discriminate against race, gender, religion, creed, nationality, or sexual orientation.

q.

Land and/or business shall not be used for any unlawful purpose, or purpose inconsistent with this Land Development Code or the Code of Ordinances of the City of Ormond Beach; and shall not be used by an organized or criminal gang, or for the assembly of organized or criminal gang members, or for the assembly of associates of organized or criminal gang members.

(Ord. No. 2015-27, § 1, 6-23-2015)

Temporary campsites on all land within the North U.S. Highway 1 MSA/JPA are prohibited as of August 28, 2019.

(Ord. No. 2015-27, § 1, 6-23-2015; Ord. No. 2021-04, § 1, 2-2-2021)

(a)

The policy of the city commission is to encourage owners of land and businesses in the MSA adjacent to and near the gateway to eliminate blight, and to revitalize and develop land for primary business use purposes, especially including vacant or unimproved land; and to discourage the use of blighted, vacant or unimproved land primarily or solely for itinerant merchant activities or uses, or temporary campsites, during recognized special events.

(b)

In furtherance of the policies expressed in these regulations, the city commission reserves the complete and absolute right and power to add land to the improved land category, land that is in the vacant or unimproved land category in the event such land is redeveloped or developed in accordance with the city's gateway standards and other applicable development requirements.

(c)

The city commission further reserves the complete and absolute right and power to remove land from the improved land category upon a determination by the city commission that the land is not being used for a primary business use purpose.

(Ord. No. 2015-27, § 1, 6-23-2015)

(a)

Any violation of the requirements or provisions in this article may be enforced through the special magistrate code enforcement system as provided in chapter 2, article VII of the Code of Ordinances, or any other legal or equitable action or proceeding as provided by law. No enforcement remedy shall be the exclusive remedy, and any remedy may be exercised separately from or concurrent with any other remedy, including the revocation of any license or permit.

(b)

Organized or criminal gang, organized or criminal gang member, and organized or criminal gang associate, including the assembly thereof, is prohibited on all land, property, building, structure, business, object, device, motorcycle or vehicle throughout the incorporated boundaries of the city and the MSA. The prohibitions provided in this article shall be broadly construed, administered, and enforced in favor of the city, and may be enforced in accordance with article X, chapter 14 of the Code of Ordinances.

(Ord. No. 2015-27, § 1, 6-23-2015)