The regulations in this article shall apply generally or in groups of districts as indicated, unless district regulations or regulations for particular uses specifically provide to the contrary. These regulations qualify or supplement other regulations appearing in this code.

In addition to minimum yard and building spacing requirements specified in this code, all buildings and other structures, land preparation, and landscaping shall be so located and arranged on lots as to provide safe and convenient access for emergency purposes, fire protection, servicing, and off-street parking and loading located on the premises. As to access through such premises, the following limitations shall apply:

(a)

Prohibition of use of residentially zoned private property for access to uses not permitted in residential districts; exceptions: No private land which is residentially zoned shall be used for vehicular or pedestrian access to land or structures in other districts used for any purpose not permitted in such residential districts, except as provided below or otherwise authorized by this code or other lawful regulations:

(1)

Where provision does not exist for safe access for emergency and public service vehicles and such access is not reasonably feasible except through privately owned residentially zoned land. Access reserved for and limited to such vehicles may be authorized by the board of adjustment, subject to conditions and safeguards designed to protect the tranquility and character of the residential land so traversed.

(2)

Where convenience and safety would be promoted, walkways and bicycle paths to nonresidentially zoned land may be authorized by the zoning administrator across privately owned residentially zoned land, subject to conditions and safeguards to protect the tranquility and character of the residential land so traversed.

The repair of an automobile or a motor vehicle in any residential zoning district is subject to the following restrictions:

(a)

Only minor repairs and maintenance may be performed which, for purposes of this section, are defined as the changing and replenishment of fluid levels such as hydraulic fluid, windshield washer fluid, and lubricating oil; the replacement of sparkplugs, ignition points; the rotation of tires and the checking of adequate pressure; and the replacement of drive belts and hydraulic lines.

(b)

Any other repairs on the motor vehicle or automobile shall be restricted to totally enclosed spaces and only accomplished on privately registered vehicles having current license plates, or motor vehicles designated by the State of Florida as qualifying for an antique, or horseless carriage designation.

(c)

The automobile or motor vehicle referred to in (a) and (b) above shall be registered to the occupant showing the address at which the minor repairs and maintenance or other repairs are to be performed. Such repairs shall not exceed fourteen (14) consecutive days or twenty-eight (28) days in any one (1) calendar year.

Garage, yard, tag, patio and apartment sales are specifically permitted, as an accessory use, in all residential districts. Such sales shall be limited to one (1) during each six-month period, for a duration not to exceed three (3) days. (Refer to chapter 24, Code of Ordinances.)

(a)

Domestic vehicles and recreational vehicles: Any owner of domestic or recreational vehicles may park or store such vehicles on their own private residential property subject to the following conditions:

(1)

At no time shall such vehicles be occupied or used for living, sleeping, or housekeeping purposes.

(2)

Parking is permitted anywhere on a lot for loading and unloading purposes for a period not exceeding twenty-four (24) hours.

(3)

At no time shall such vehicles be connected to any utility service.

(4)

If a domestic vehicle or recreational vehicle is parked or stored outside of an enclosed garage, it shall be parked or stored not less than five (5) feet from any interior lot line. Recreational vehicles shall not be parked or stored in the required front yard.

(5)

Parking is not permitted within a waterfront yard, except for private pleasure craft, when provisions have been made to place the craft directly into the water from its place of parking.

(b)

Commercial vehicles: The parking of commercial vehicles in any residential district is prohibited. This requirement shall not be interpreted to prohibit vehicles from loading and unloading in any residential district. Parking of such vehicles in a residential district is, however, permitted in the following circumstances:

(i)

Where a commercial vehicle is within an entirely enclosed structure which meets the regulatory requirements for the applicable zoning district;

(ii)

Where a commercial vehicle is parked on an impervious surface containing more than fifteen (15) designated parking spaces;

(iii)

Where a commercial vehicle is parked on a parcel containing a legally nonconforming commercial use and the owner or occupant of said parcel demonstrates compliance with all provisions of this code pertaining to nonconformities;

(iv)

Where a commercial vehicle is parked on public or private property whereon construction is underway, for which a current and valid building permit is properly displayed on the premises;

(v)

Where a commercial vehicle is parked in a residential district for the purpose of making a delivery or service call, provided that such parking is actually in the course of business deliveries or servicing as the case may be;

(vi)

Where an emergency vehicle is parked in a residential district, provided that the time parked is actually necessary for the emergency; or where an emergency vehicle is driven by a resident of the city and parked on that resident's private property; or

(vii)

Where a commercial vehicle becomes disabled and, as a result of such disablement is required to be parked within a residential district; however, any such vehicle shall be removed from the residential district within twenty-four (24) hours from the time it became disabled.

(Ord. No. 05-862, § 3, 8-29-05)

Open storage areas shall be screened from view of any street and from all residentially zoned land as follows:

(a)

When an open storage area abuts a collector or arterial street, the method of screening shall consist of solid masonry walls or solid wooden fences at least six (6) feet in height with access from said street only through solid gates which shall be closed except when in use. Screening shall run at least one hundred (100) feet back from the street property line unless an existing permanent structure shields the storage area.

(b)

When an open storage area abuts a residentially zoned district, the method of screening shall consist of solid wooden fences or masonry walls at least six (6) feet in height along the boundary of the storage areas and the residential district.

(c)

When an open storage area does not abut a collector or arterial street and is not within two hundred (200) feet of a residential district but is in view of a residential district, the method of screening from said residential district shall consist of walls or fences at least six (6) feet in height which shall be seventy-five (75) percent opaque.

Swimming pools, both aboveground and belowground, are permitted accessory structures to residential or nonresidential structures, provided that the following requirements are met. Similar structures such as spas shall also meet these requirements.

(a)

Location: Swimming pools may be located within side, rear, or corner yards but shall not be allowed in the required front yards. Swimming pools shall be located a minimum of five (5) feet from any side, rear, or corner lot line as measured from the water's edge. Locational criteria are subject to the variance provisions of section 13.3 and section 13.6, appendix B, of this Code.

(b)

Enclosure: Swimming pools shall be enclosed, except along that side of the pool which abuts the waterfront, meeting the minimum requirements of the most recent edition of the Florida Building Code, chapter 4. A screened cage may be installed instead of or in addition to a fence or wall, provided the screened cage meets the protection requirements as described in chapter 4. In addition, all screened cages shall be located a minimum of five (5) feet from any side, rear, or corner lot line.

(Ord. No. 03-778, § 1, 5-19-03)

The following requirements shall apply to all accessory structures.

(a)

Permanent accessory structures in residential districts.

(1)

Accessory structures shall not exceed fifteen (15) feet in height, and the total square footage of all accessory structures shall not exceed forty (40) percent of the total lot coverage.

(2)

Accessory structures shall not be erected in any required front yard.

(3)

Accessory structures may occupy required corner or side yards, provided they are located an equal distance from the front property line as any part of the principal structure(s) on the same lot. Accessory structures shall be located a minimum of three (3) feet from the side or corner lot line.

(4)

Accessory structures may occupy required rear yards, provided they are located a minimum of five (5) feet from the rear lot line.

(b)

Portable accessory structures in residential districts. Portable accessory structures are those structures without a permanent foundation and capable of being moved intact.

Portable accessory structures shall meet all of the requirements for permanent accessory structures as outlines in subsection (a) above and shall also meet the following specific requirements:

(1)

Only one (1) portable accessory structure shall be allowed per lot.

(2)

The portable accessory structure shall be properly anchored in a method approved by the building department.

(3)

Portable accessory structures shall not be permitted within the required waterfront setbacks of waterfront property.

(4)

No mechanical equipment not customarily associated with residential uses shall be operated within or attached to the structure.

(c)

Accessory structures in nonresidential districts.

(1)

Accessory structures shall meet all the requirements of subsection (b) above.

(2)

Trailers, mobile homes, and tractor trailers shall not be used as permanent or portable accessory structures.

(3)

Said structures shall meet the yard requirements of the zoning district in which it is located.

(4)

Accessory structures shall not exceed fifteen (15) feet in height.

(d)

Accessory parking structures.

(1)

Parking structures which are accessory to the principal residential use of the property may be permitted in any multifamily district or any multifamily PD project provided the structure meets the schedule of height, bulk and placement regulations for primary structures in that district.

(2)

Parking structures which are accessory to nonresidential uses are permitted, provided they meet the schedule of height, bulk, and placement regulations for primary structures in that district.

Where a lawful screened or porch structure existed on or before March 31, 1953, except those constructed as accessory structures within required rear yards, such structure may be enclosed without application to, or approval by, the board of adjustment for a variance to a required yard, provided no part of the structure, excluding eaves, is closer than ten (10) feet to any street right-of-way or closer than six (6) feet to any other property line.

All new buildings and uses, except for single-family and two-family dwellings, shall provide facilities for the central storage of solid waste within the lot. Where such facilities are provided outside of a building, they shall be screened from the public right-of-way and adjacent property by an enclosure containing materials compatible with the materials on the front building wall of the main building.

The storage facilities shall contain equipment, space and access that will be compatible with the City of Palmetto's mechanical solid waste collection system and HRS sanitation regulations.

(a)

Generally. This section governs the selling of goods or the providing of personal services from mobile vendors on private property. Use of public property or rights-of-way by mobile vendors within the city shall be subject to obtaining a special function permit, as may be required under the Code of Ordinances. Special function permits may also include approval for mobile vendors on private property associated with the special function permit.

(b)

Vehicle vendors. Vehicle vendors are those mobile vendors which operate from self-contained, street-legal vehicles, and which operate in any fixed location for no more than fifteen (15) minutes at a time. Vehicle vendors shall not be required to obtain a temporary use permit or a special function permit for such operation, but shall obey all traffic laws.

(c)

Daily vendors. Daily vendors are those mobile vendors which operate from a fixed location for more than fifteen (15) minutes but vacate the location daily. Daily vendors shall not be required to obtain a temporary use permit, but are subject to the following requirements:

1.

Vendors shall not place vehicles, product, or related equipment or fixtures on a property where sales are to occur prior to 7:00 a.m. and all vehicles, product or related equipment or fixtures shall be removed each evening within an hour after sunset;

2.

Vendors shall obtain written permission of the property owner;

3.

Vendors shall not place vehicles, product, or related equipment or fixtures within a drive aisle, within a visibility triangle, within required open space or within a required parking space as required by the Palmetto Code of Laws;

4.

Vendors shall not impede the vehicular or pedestrian ingress or egress of other businesses or building entrances or exits;

5.

Vendors shall not be connected to potable water, sanitary sewer or electrical service;

6.

Vendors shall not provide tents, tables or other areas for on-site consumption of goods; and

7.

Vendors shall adequately address their garbage and other solid waste.

(d)

Seasonal vendors. Seasonal vendors are those mobile vendors which operate from a fixed location, and do not vacate the premises completely on a daily basis. Seasonal vendors shall obtain a temporary use permit which will include submittal of a site plan or accurate survey denoting the location where the vehicles, product, or related equipment or fixtures will be located. Temporary use permits shall be reviewed and approved by the director of public works, or the director's designee. Seasonal vendors shall demonstrate adequate provision for ingress/egress, traffic circulation, parking, waste disposal, utilities, restroom facilities, and seating, as applicable, and shall specifically meet the following requirements:

1.

Vendors shall obtain written permission of the property owner;

2.

Vendors shall not place vehicles, product, or related equipment or fixtures within a drive aisle, within a visibility triangle, within required open space or within a required parking space as required by the Palmetto Code of Laws;

3.

Vendors shall not impede the vehicular or pedestrian ingress or egress of other businesses or building entrances or exits; and

4.

Vendors shall not be located on a property for longer than one hundred twenty (120) days during any calendar year, and shall notify the city when they vacate.

(e)

Other vendors. All other vendors of goods and services to the general public, whether mobile or not, which do not meet the requirements to be a vehicle vendor, daily vendor or seasonal vendor, and are not approved under a special function permit, shall be considered permanent business uses and shall fully comply with the requirements of the City Code of Ordinances.

(f)

Right-of-way or public property. Seasonal and daily mobile vendors are not allowed to sell or otherwise provide services within rights-of-way (including roads and sidewalks) located within the city, except where approved by the city commission as a special function permit.

(g)

Business licenses. Each mobile vendor shall be required to obtain a business tax license, if required by law.

(h)

Display of permit and license. Mobile vendors shall maintain all applicable local and state permits and licenses, and shall display or have such permits and licenses available for inspection at all times during operation.

(Ord. No. 2013-02, § 2, 6-17-13)

Editor's note— Ord. No. 2013-02, § 2, adopted June 17, 2013, amended § 6.11 in its entirety to read as set out herein. Former § 6.11 pertained to temporary uses and derived from Ord. No. 387, § 1, adopted Nov. 20, 1989.

A.

For purposes of this section, "portable restroom" means a self-contained transportable unit that includes fixtures, incorporating holding tank facilities, designed to contain human excrement. Portable restrooms shall not be placed on any property for a period of time greater than five (5) days, whether consecutive or sporadic, in one (1) calendar year unless the city commission grants approval of a temporary use permit upon determining that placement of a portable restroom for a longer duration is not contrary to the public health, safety and welfare. If an applicant is seeking approval of a special function permit, a temporary use permit for portable restrooms may be approved as part of the special function permit approval.

B.

Failure to comply with any of the below requirements may result in denial or revocation of a temporary use permit for a portable restroom.

(1)

Portable restrooms shall be constructed and maintained in a clean condition so that insects and rodents cannot enter the vault; and

(2)

The director of public works, or his designee, shall ensure that portable restrooms are located on a parcel so as to minimize adverse effects on neighboring properties, water bodies, the city's stormwater system, and the public in general.

(3)

All portable restrooms shall be equipped with antibacterial hand sanitizer.

C.

The use of portable restrooms for construction sites which have active building permits may be exempt from the provisions of this section with the written consent of the public works director or his designee, which consent may include written conditions deemed appropriate to safeguard the public health, safety and welfare.

D.

The use of portable restrooms on property owned by the city or the county shall be exempt from the provisions of this section.

(Ord. No. 05-861, § 2, 8-15-05; Ord. No. 06-878, § 2, 2-27-06)

Home occupations or home-based businesses are permitted in any dwelling unit or from any residential property, subject to the following provisions:

1.

The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two (2) employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling.

2.

Vehicles and trailers used in connection with the business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence.

3.

The parking or storage of heavy equipment (i.e., commercial, industrial, or agriculture vehicles, equipment, or machinery) shall not be visible from the street or neighboring property.

4.

As viewed from the street, the use of the residential property shall be consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood.

5.

The home-based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property.

6.

The activities of the home-based business shall be secondary to the property's use as a residential dwelling.

7.

The business activities of the home-based business shall comply the applicable Code of Ordinances sections:

a.

Chapter 3, signs.

b.

Chapter 5, article I, noise.

c.

Such regulations in 7.a. and 7.b. above shall not be more stringent than those that apply to a residence where no business is conducted.

(Ord. No. 2024-04, § 3, 11-18-24)

All junkyards existing at the effective date of this code, within one (1) year thereafter, and all new junkyards where permitted, shall comply with the following provisions:

(a)

Any junkyard shall be completely enclosed by a solid fence or masonry wall which complies with the City of Palmetto Fence Ordinance.

(b)

All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water.

(c)

No junk pile shall exceed the height of the fence or eight (8) feet, whichever is less, unless it is two hundred (200) feet from any property line.

(d)

No oil, grease, tires, gasoline or other similar material shall be burned at any time, and all other burning shall require written notification to the North River Fire District and Manatee County Pollution Control.

(e)

Any junkyard shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies, or other vectors.

(f)

No hazardous wastes, as defined herein, shall be stored, allowed to accumulate or leach into the ground.

(a)

Permitted facilities. Except as provided in subsection (b) below, consumption on premises shall be permitted at the following facilities within on an appropriate zoning category:

(1)

Restaurants of any size;

(2)

Hotels and motels meeting the requirements of F.S. section 561.20(2)(a)1, as may be amended;

(3)

Country clubs meeting the requirements of F.S. section 561.20(7)(b), as may be amended;

(4)

Private, civic and fraternal clubs located in nonresidential zoning districts and meeting the requirements of F.S. sections 561.20(7)(a) and 565.02(4), as may be amended;

(5)

Performing arts centers meeting the requirements of F.S. section 561.20(2)(j), as may be amended, and theaters with live performances meeting the requirements of F.S. section 565.02(10), as may be amended.

(b)

Conditional use required. Facilities with consumption on premises, located in the appropriate zoning districts, shall be required to obtain a conditional use approval, if located within two hundred (200) linear feet of a residentially zoned or used property or school as measured from property line to property line.

(Ord. No. 2014-09, § 2g., 6-16-14)

All residential uses shall provide a minimum of two (2) parking spaces per unit. Each space shall be a hardened surface.

In addition to the above requirements, the ER, RS-1, RS-2, and RS-3 zoning districts require that one (1) of the required two (2) spaces shall be a garage or carport.

Mobile home parks are required to meet the standards set forth below.

(a)

Prior inspection is not required for mobile homes less than four (4) years of age at the time of building permit application.

(b)

If the mobile home is more than four (4) years old at building permit application, the following criteria shall apply:

(1)

Written approval from the park owner, park manager, or other authorized representative stating the subject mobile home meets the minimum standards of the park shall be provided to the city at time of permit application.

(2)

A written inspection report, by a mobile/manufactured home inspector, licensed by the state, shall be submitted at the time of permit application. This report shall contain, at a minimum, the following information:

•

Certification that the mobile home meets or can meet current wind load standards. If the home does not currently meet minimum standards, provide a detailed accounting of the requirements to bring the home to current standards.

•

Certification that the mobile home meets current structural, electrical, and plumbing codes. If the home does not currently meet minimum standards, provide a detailed accounting of the requirements to bring the home to current standards.

•

Proof that the individual performing the inspections is licensed to render such an inspection report document.

(3)

Prior to setup on lot any required permits shall be obtained from the city.

(c)

The plumbing, mechanical, electrical, and structural [components] of the mobile home shall meet the requirements of the code for the houses in the city. Mobile homes shall not have less than sixty (60) amperes of electrical service.

(d)

All lots upon which mobile homes are placed or setup shall have carports twelve (12) feet by twenty (20) feet or larger, with a driveway constructed of asphalt, concrete, brick, or paver block. All awnings must have tie-downs.

(e)

The bottoms of the mobile homes setup or placed on lots within the mobile home park (MHP) district shall be skirted with materials acceptable to the building official. Untreated wood may not be used for such skirting.

(f)

No boats, boat trailers, utility trailers or travel trailers shall be placed on any individual lot within this district; except that owners of such lots may keep them in carports. Owners of waterfront lots may keep boats tied up at their waterfront or on davits, or where the boat can be picked up by davits.

(g)

Fuel tanks and garbage cans shall be allowed only at the rear of lots and must be enclosed by cement blocks.

(Ord. No. 389, § 1, 1-15-90; Ord. No. 01-705, § 1, 4-16-01)

Manufacturing and processing operations shall observe the following performance standards:

(a)

Direct illumination resulting from the operation shall not fall upon any land that is not a part of the use requiring the illumination.

(b)

Equivalent sound levels shall not exceed the following standards:

If the receiving use is residential:

Between 7:00 a.m. and 10:00 p.m.—60 dBA
Between 10:00 p.m. and 7:00 a.m.—55 dBA

If the receiving use is commercial:

Between 7:00 a.m. and 10:00 p.m.—65 dBA
Between 10:00 p.m. and 7:00 a.m.—60 dBA

If the receiving use is industrial:

Anytime—75 dBA

In the case of uses in the CG District, measurements to determine compliance shall be made at the boundaries of the lot containing the use.

In the case of uses in the CHI District, measurements to determine compliance shall be made at the nearest boundary of the CHI District to the use being evaluated.

(a)

Parking. One (1) parking space shall be provided for the manager/owner and one (1) parking space shall be provided for each guest room. Parking shall be screened from adjacent residential uses and residential zoning. Screening shall consist of either a six-foot-high opaque fence plus one (1) canopy tree every fifty (50) linear feet or an opaque landscaping buffer. The landscaping plantings shall achieve opaqueness within six (6) months of planting.

(b)

Common areas. Within each bed and breakfast home, a common area must be provided for a central dining area and for at least one (1) reading/discussion, living room.

(c)

Breakfast shall be the only meal served and it shall be served family style, without ordering of individual portions from a menu. The breakfast meal shall not be served after 11:00 a.m. No cooking facilities are permitted in guest rooms.

(d)

Guest rooms may share a toilet and bathing facilities; however, in no instance shall the owner and guests have shared bathrooms.

(e)

The maximum number of rooms for guests shall be as follows:

(f)

Rentals shall be on a daily basis. The maximum stay for an individual guest shall be thirty (30) days in a twelve-month period. A guest book which accurately identifies all customers for each night's lodging shall be maintained by the owner/manager.

(g)

Changes to the gross floor area shall not be allowed unless it can be demonstrated that the change is only necessary to add a bathroom and will not alter the residential character of the building.

(h)

One (1) sign shall be allowed not to exceed twelve (12) square feet.

(Ord. No. 517, § 3, 6-20-94)

(a)

The minimum lot size required for keeping cows and/or horses in the RS-1 District is two (2) acres.

(b)

The number of animals cannot exceed one (1) animal per one (1) acre.

(c)

All animals shall be for the private use of the property owner. No boarding of animals is permitted.

(d)

If a stable or barn is to be erected on the property, it shall not be located within fifty (50) feet of any property line.

(e)

Any property where cows and/or horses are kept shall be fenced. It is the responsibility of the property owner with the animals to maintain such fences to ensure that the animals are kept on owner's property.

(Ord. No. 535,§ 3, 4-3-95)

(a)

If the property for this conditional use application is currently subject to a conditional use permit and intends to change its operations to include the sale of used boats, rental of boats, storage of boats, or maintenance and repairs of boats, then the existing conditional use permit shall cease upon approval of this conditional use subject to the requirements provided below to allow for the change in operation. If approval of this conditional use is not granted, the existing conditional use permit shall remain in full force and effect.

(b)

The sale of boat trailers shall be limited to trailers sold as part of a complete package (boat, motor, trailer).

(c)

The length of a boat and trailer shall not exceed forty (40) feet.

(d)

The sale of used boats, rental, storage, repair or maintenance of boats must be secondary to the sale of new boats and approved as part of the conditional use and compliant with the requirements provided in this section. The washing, polishing, installation of accessories and general upkeep of boats is not part of this prohibition.

(e)

All outside lighting shall be directed away from any residential use between the hours of 8:00 p.m. and 8:00 a.m.

(f)

The following landscape buffering is required along the property's street frontages and supersede other landscape and buffering requirements in the Zoning Code and Downtown Design Code:

1.

Frontage Along an Arterial or Collector Street: Minimum 5-foot wide landscaped buffer with vegetative ground cover with at least two (2) canopy trees and 40 shrubs for every 100 feet of frontage. The trees and shrubs may be placed either linearly or may be grouped along the property's frontage. Notwithstanding this landscape buffering requirement, the City Commission may approve an alternative landscape buffer plan, which may include perimeter fencing, with a finding it results in a proper balance between buffering and business operational needs. The installation of the landscaped buffer must maintain clearance for the visibility triangle as defined under the Zoning Code, appendix B, article V, sections 5.4(a) and (b) at the intersection of streets, a street and railroad, or a street and a driveway.

2.

Landscape Buffer Along Other Street Frontages with an Existing Single-Family Residential Use or Zoning on the opposite side of the Street: Minimum 5-foot wide landscaped buffer with vegetative ground cover and at least one (1) canopy tree and 20 shrubs for every 50 feet of frontage. The trees and shrubs may be placed either linearly or may be grouped along the property's frontage. Notwithstanding this landscape buffering requirement, the City Commission may approve an alternative landscape buffer plan, which may include the perimeter fencing, with a finding that the alternative landscape buffer plan results in a proper balance between buffering and business operational needs. The installation of the landscaped buffer must maintain clearance for the visibility triangle as defined under the Zoning Code, appendix B, article V, sections 5.4(a) and (b) at the intersection of streets, a street and railroad, or a street and a driveway.

3.

Fencing Along All Street Frontages: As approved by the City Commission, fencing installed along any street frontage, must be compliant with the Downtown Design Code, unless alternative fencing is approved by the City Commission, and have the required landscape buffer provided in this section installed along either side of the fence.

(g)

All sales and display areas shall be paved to meet minimum city standards.

(h)

Any boats displayed for sale or rental on the property shall only be placed within the paved display area. Boats shall not be parked, stored, or displayed in required vehicular parking spaces, landscape buffer areas, nor other landscape areas and shall not be parked, stored, or displayed in a manner that blocks or restricts access to the property. Only boats displayed for new boat sales may be displayed or parked along the property's frontage on the arterial or collector road.

(i)

Boat repair, maintenance of boats, storage of boats not actively offered for sale, or storage of disassembled or partially disassembled boats must be within a building or on a portion of the property that is identified on the site plan and is not within the boat sales display area, required vehicular parking areas, landscape buffer areas, or other landscaped areas and is identified on the site plan and approved by the City Commission to minimize visual impact to surrounding properties.

(j)

Boat manufacturing is prohibited.

(k)

Unless regulated by a specific requirement of this section, boat sales and other operations must comply with all applicable provisions of the code of ordinances and Zoning Code, including, but not limited to, landscaping, signage, parking, and the Downtown Design Code. Any conflict between requirements of this section and other requirements of the code of ordinances, Zoning Code, and Downtown Design Code shall be regulated consistent with the requirements of this section.

(Ord. No. 607, § 1.B, 12-15-97; Ord. No. 2023-15, § 2 (Exh. A), 3-4-24)

(a)

Performance standards. All development must be designed, constructed and maintained to meet the following performance standards:

(i)

Stormwater runoff: While development activity is under way and after it is completed, the characteristics of stormwater runoff shall approximate the rate, volume, quality, and timing of stormwater runoff that occurred under the site's natural unimproved or existing state, except that the first one-half (½) inch of stormwater runoff shall be treated in an off-line retention system or according to other best management practices, as prescribed by all applicable rules and regulations of the state DEP and SWFWMD.

(ii)

Water quality: The proposed development and development activity shall not violate the water quality standards as set forth in the Florida Administrative Code.

(b)

Design standards: To comply with the foregoing standards, the proposed stormwater management system shall conform to the following design standards:

(i)

Detention and retention systems shall be designed in conformance with the rules and regulations of DEP and SWFWMD.

(ii)

To the maximum extent practicable, natural systems shall be used to accommodate stormwater.

(iii)

The proposed stormwater management system shall be designed to accommodate the stormwater that originates within the development and the stormwater that flows onto or across the development from adjacent lands.

(iv)

The proposed stormwater management system shall be designed to function properly for a minimum of a 20-year life.

(v)

Pursuant to guidelines established by the city stormwater management department, the building official may require the design and construction of the proposed stormwater management system to be certified as meeting the requirements of this ordinance by a professional engineer, architect, or landscape architect registered in the state.

(vi)

No surface water may be channeled or directed into a sanitary sewer.

(vii)

The proposed stormwater management system shall be compatible with the drainage systems or drainageways on surrounding property or streets, taking into account the possibility that substandard systems may be improved in the future.

(viii)

The banks of detention and retention areas should be sloped to accommodate, and should be planted with, appropriate vegetation.

(ix)

Dredging, clearing of vegetation, deepening, widening, straightening, stabilizing or otherwise altering natural surface water shall be minimized.

(x)

Natural surface water shall not be used as sediment traps during or after development.

(xi)

For aesthetic reasons and to increase shoreline habitat, the shoreline of detention and retention areas shall be sinuous rather than straight.

(xii)

Water reuse and conservation shall, to the maximum extent practicable, be achieved, by incorporating the stormwater management system into irrigation systems serving the development.

(xiii)

Vegetative buffers of sufficient width to prevent erosion shall be retained or created along the shores, banks or edges of all natural or manmade surface waters.

(xiv)

In phased developments, the stormwater management system for each integrated stage of completion shall be capable of functioning independently as required by the ordinance.

(xv)

All detention and retention basins, except natural water bodies used for this purpose, shall be accessible for maintenance from streets or public rights-of-way.

(Ord. No. 05-866, § 2, 10-3-05)

All recreation and amusement services within the city shall comply with the following requirements, in addition to requirements that may otherwise be provided in the Code:

(1)

All sites for recreation and amusement services uses shall front on a principal arterial roadway, and shall utilize such arterial roadway as the primary access for the site.

(2)

All recreation and amusement services uses shall provide a six-foot perimeter wall or opaque fence for all portions of the site which are adjacent to residential uses or residentially-zoned property.

(3)

Hours of operation for recreation and amusement services uses shall be limited to the hours between 8:00 a.m. and 12:00 a.m.

(Ord. No. 09-999, § 2, 9-28-09)

Commercial apartments are intended to promote mixed uses within the city and are required to meet the following standards:

(1)

Provide a minimum of one (1) parking space per dwelling unit;

(2)

Comply with the applicable zoning district and FAR requirements of the underlying plan category;

(3)

Comprise of no more than fifty (50) percent of the total square footage of the commercial building.

(Ord. No. 2011-10, § 2, 4-4-11)

A.

All farm worker housing and boarding/rooming houses within the city shall comply with the following requirements, in addition to requirements that may otherwise be provided in the code:

1.

Prior to consideration of a conditional use permit, the facility or applicable building shall undergo CPTED review by the police chief, or his or her designee, who shall prepare recommendations to be considered during the review process. Safety improvements to be considered include but are not limited to:

(a)

Screening, including fencing around some or all of the perimeter of the site.

(b)

Security lighting.

(c)

Security cameras (may be recommended but not required).

2.

Upon approval of a conditional use permit for farm worker housing or boarding/rooming house, the applicant shall be required to maintain all applicable state and/or federal permits or licenses for such uses.

3.

The property owner of a farm worker housing or boarding/rooming house facility shall maintain updated contact information with the city's code enforcement officer, including name, address and telephone number for the property owner and the property manager.

B.

In addition to consideration of the conditional use standards in section 15.4 of the code, the city commission shall also specifically consider the following:

1.

The density and intensity of nearby uses.

2.

The CPTED recommendations of the police department.

3.

Accessibility of the proposed use to residential support uses, such as health care, recreational facilities, and retail locations for daily personal needs and supplies.

(Ord. No. 2012-07, § E, 8-6-12)

As provided in F.S. section 381.986(11)(a), a licensed medical marijuana treatment center cultivating or processing facility may not be located within five hundred (500) feet of the real property that comprises a public or private elementary school, middle school, or secondary school.

(Ord. No. 2017-12, § 1.C., 11-6-17)

Editor's note— Ord. No. 2017-12, § 1.C., adopted Nov. 6, 2017, amended § 6.26 in its entirety to read as set out herein. Former § 6.26 pertained to medical marijuana dispensary and derived from Ord. No. 2014-11, § 1.C., adopted Sept. 22, 2014.

Any person or business owning or operating a pain management clinic shall identify that use as part of a conditional use permit.

At a minimum, a pain management clinic shall meet the criteria in section 15.4.C. of appendix B of the Palmetto Code of Ordinances and shall be subject to the following criteria, unless exempted herein:

(1)

Loitering. The pain management clinic shall provide adequate seating for its patients and business invitees. The pain management clinic shall not permit any patient or business invitee to stand, sit (including in a parked car), or gather or loiter outside of the building where the pain management clinic operates, including in any parking areas, for any period of time longer than that reasonably required to arrive and depart.

(2)

Security. The owners shall have a CEPTD review of the site with the city police department prior to opening and annually. It shall be the responsibility of the owner to schedule the reviews with the department.

(3)

No drive-through service. No pain management clinic shall have a drive-through or drive-in service. All dispensing, payment for and receipt of pain medicines shall occur from inside the pain management clinic.

(4)

Alcoholic beverages or marijuana. No sale, consumption or use of alcoholic beverages or marijuana shall be allowed on the premises, including in the parking areas, sidewalks or right-of-way.

(5)

Separation distances. A pain management clinic shall not operate within two hundred (200) feet of any residentially zoned or residentially used property or school existing or approved by the city at the time of application. All distance requirements shall be measured by drawing a straight line from the nearest property line of the protected use to the nearest property line of the proposed pain management clinic.

(6)

Operating hours. Pain management clinic shall be allowed to operate between 7:00 a.m. and 7:00 p.m.

(7)

Compliance with other laws. All pain management clinics shall at all times be in compliance with all federal and state laws and regulations, and the City of Palmetto Code of Ordinances, as may be amended from time to time.

(Ord. No. 2014-10, § 1.C., 9-22-14)