(a)

In general. Conditional uses shall be generally limited to those uses or combination of uses which, because of their uniqueness, are not specifically identified as permitted uses, permitted uses with special development requirements, or special exception uses within any zoning district in the code.

(b)

Application procedure. Written application shall be made to the city for a conditional use in accordance with the procedures established in chapter 3 of this code. In addition, the applicant shall provide the following information:

(1)

A conceptual plan showing buildings, parking and access locations, utility service points, proposed screening or buffering and any other information pertinent to the specific requested use of the site; and

(2)

A written statement specifically addressing the general requirements of paragraph (d)(2) below.

(c)

Notice and hearing procedures. The procedures for notice, review and approval of conditional use requests shall be as follows:

(1)

Notice.

(a)

Adjacent property owners. The city shall send notice via certified mail of the proposed conditional use to the owners of all properties adjacent to the subject property and to any owners of the subject property not parties to the application. Such notice shall be sent no later than 15 days prior to the scheduled public hearing and shall include the date, time and place of the public hearing before the planning commission, along with a clear and concise description of the proposed conditional use. For purposes of such notification, adjacent properties shall include those properties separated from the subject property by a road, canal, right-of-way or similar barrier of 500 feet or less in width.

(b)

Posting of property. No later than 15 days prior to the scheduled public hearing, the city shall post every property that is the subject of the public hearing with signs notifying the public of the proposed conditional use, date of public hearing, and department to contact for further information. Signs shall be placed, at a minimum, along all public road frontages, with at least one sign located every 500 feet along any one frontage.

(c)

Publication of notice. Notice of public hearing shall be published in a newspaper of general circulation within the city at least 15 days prior to the public hearing, with a second publication at least five days prior to the public hearing. Notice shall also be posted in a conspicuous location at city hall, and may be posted at other public locations in the discretion of the city.

(2)

Hearing.

(a)

Planning commission action. The planning commission shall hold a public hearing to consider and make a recommendation to the city council on a conditional use application. The recommendation of the planning commission shall be forwarded to the city council for consideration.

(b)

City council action. The city council shall consider the recommendation of the planning commission and any additional evidence presented before taking action on a proposed conditional use. However, if the planning commission fails to make a recommendation within 60 days of commencing consideration of a conditional use, the city council may take action on the conditional use based upon an assumed recommendation of approval from the planning commission.

(d)

General requirements and conditions.

(1)

Conditions and safeguards. In granting any conditional use, the planning commission may recommend and the city council may prescribe appropriate conditions and safeguards to ensure compliance with the requirements of this chapter and the code in general. Such conditions may include time limits for the initiation and duration of the conditional use, specific minimum or maximum limits to regular code requirements, or any other conditions reasonably related to the requirements and criteria of this chapter.

(2)

Review criteria. When reviewing an application for a conditional use, the planning commission and city council shall consider the following requirements and criteria:

(a)

Traffic generation and access for the proposed use shall not adversely impact adjoining properties and the general public safety;

(b)

Off-street parking, loading and service areas shall be provided and located such that there is no adverse impact on adjoining properties, beyond that generally experienced in the district;

(c)

Required yards, screening or buffering, and landscaping shall be consistent with the district in general and the specific needs of the abutting land uses;

(d)

Architectural and signage treatments shall comply with the general provisions applicable to permitted uses in the district, to the greatest extent possible, and be sensitive to surrounding development; and

(e)

Size, location or number of conditional uses in an area shall be limited so as to maintain the overall character of the district as intended by this code.

(e)

Transfer or abandonment of a conditional use. Conditional uses run with the owner and not the property. Therefore, ownership of a conditional use cannot be transferred to another party.

(f)

Violation of conditional use terms or conditions. It is a violation of this code for any person to violate or to refuse or fail to comply with any term or condition of a conditional use. Violations may be prosecuted or enforced as provided by law for prosecution or enforcement of municipal ordinances.

A conditional use that is not initiated within one year of being granted shall not be established without a new application and public hearing in accordance with the procedures for such described in chapter 3. A conditional use that is abandoned for a period of six months or more shall not be reestablished without a new application and public hearing in accordance with the procedures for such described in chapter 3.

(Ord. No. 1995-45, §§ 55, 56, 12-19-95; Ord. No. 1998-69, § 42, 10-20-98)

(a)

In general. A special exception is a use that would not be appropriate without restriction, but which, if controlled as to number, area, location or relation to the surrounding area, would promote the public health, safety and general welfare. Such use may be permitted in a zoning district as a special exception only if identified as such in this code.

(b)

Application procedure. Written application shall be made to the city for a special exception in accordance with the procedures established in chapter 3. In addition, the applicant shall provide the following information:

(1)

A conceptual site plan showing buildings, parking and access locations, utility service points, proposed screening or buffering, supplemental details necessary to address the review criteria and satisfy any specific requirements for such use described in this chapter, and any other information pertinent to the specific requested use of the site.

(2)

A written statement specifically addressing the general requirements of paragraph (d)(2) below and any special requirements for the specific use in section 3.

(c)

Notice and hearing procedures. The procedures for notice, review and approval of special exception requests shall be as follows:

(1)

Notice.

(a)

Adjacent property owners. The city shall send notice via certified mail of the proposed special exception to the owners of all properties adjacent to the subject property and to any owners of the subject property not parties to the application. Such notice shall be sent no later than 15 days prior to the scheduled public hearing and shall include the date, time and place of the public hearing before the planning commission, along with a clear and concise description of the proposed special exception. For purposes of such notification, adjacent properties shall include those properties separated from the subject property by a road, canal, right-of-way or similar barrier of 500 feet or less in width.

(b)

Posting of property. No later than 15 days prior to the scheduled public hearing, the city shall post every property that is the subject of the public hearing with signs notifying the public of the proposed special exception, date of public hearing, and department to contact for further information. Signs shall be placed, at a minimum, along all public road frontages, with at least one sign located every 500 feet along any one frontage.

(c)

Publication of notice. Notice of public hearing shall be published in a newspaper of general circulation within the city at least 15 days prior to the public hearing, with a second publication at least five days prior to the public hearing. Notice shall also be posted in a conspicuous location at city hall, and may be posted at other public locations in the discretion of the city.

(2)

Hearing.

(a)

Planning commission action. The planning commission shall hold a public hearing to consider and make a recommendation to the city council on a special exception application. The recommendation of the planning commission shall be forwarded to the city council for consideration.

(b)

City council action. The city council shall consider the recommendation of the planning commission and any additional evidence presented before taking action on a proposed special exception. However, if the planning commission fails to make a recommendation within 60 days of commencing consideration of a special exception, the city council may take action on the special exception based upon an assumed recommendation of approval from the planning commission.

(d)

Special requirements and conditions.

(1)

Conditions and safeguards. In granting any special exception, the planning commission may recommend and the city council may prescribe appropriate conditions and safeguards to ensure compliance with the requirements of this chapter and the code in general. Such conditions may include time limits for the initiation of the special exception use, specific minimum or maximum limits to regular code requirements, or any other conditions reasonably related to the requirements and criteria of this chapter.

(2)

Review criteria. When reviewing an application for a special exception, the planning commission and city council shall consider the following requirements and criteria:

(a)

Traffic generation and access for the proposed use shall not adversely impact adjoining properties and the general public safety;

(b)

Off-street parking, loading and service areas shall be provided and located such that there is no adverse impact on adjoining properties, beyond that generally experienced in the district;

(c)

Required yards, screening or buffering, and landscaping shall be consistent with the district in general and the specific needs of the abutting land uses;

(d)

Architectural and signage treatments shall comply with the general provisions applicable to permitted uses in the district, to the greatest extent possible, and be sensitive to surrounding development; and

(e)

Size, location or number of special exception uses in an area shall be limited so as to maintain the overall character of the district as intended by this code.

(e)

Transfer or abandonment of special exceptions. Special exceptions run with the property and the ownership of a special exception use may be transferred to another party. A special exception use that is not initiated within two years of being granted shall not be established without a new public hearing in accordance with requirements of this chapter. A special exception use that is abandoned for a period of six months or more shall not be reestablished without a new public hearing in accordance with requirements of this chapter.

(f)

Distance between special exception uses. Unless the method for measurement is specifically described herein, the distance between specific uses shall be measured by a straight line drawn from the nearest point of each lot, parcel or site to each other.

(g)

Special locational criteria. Where the proposed site for a special exception use is required to be located on or front an arterial or major collector roadway, said requirement is intended to ensure that traffic impacts associated with the use are directed toward the major collector or arterial roadway. Accordingly, this frontage requirement may be met by sites without direct frontage on the major collector or arterial, providing the site location is in close proximity to the designated roadway, and the traffic impacts associated with the proposed use will be directed through areas of higher intensity development to reach the designated roadway.

(h)

Violation of special exception terms or conditions. It is a violation of this code for any person to violate or to refuse or fail to comply with any term or condition of a special exception. Violations may be prosecuted or enforced as provided by law for prosecution or enforcement of municipal ordinances.

(Ord. No. 1991-17, 7-16-91; Ord. No. 1995-45, § 57, 12-19-95; Ord. No. 1998-69, § 43, 10-20-98; Ord. No. 2010-4, § 5, 3-16-10)

(a)

In general. For those special exception uses listed below; the following special requirements shall apply in addition to those described in section 2(d) above.

(b)

Special requirements.

(1)

Adult entertainment (CI). The following special requirements are based on the findings of facts and intended to accomplish the purpose set forth in Section 1 of Ordinance No. 1997-26:

(a)

The proposed site shall be at least 500 feet from any residentially-zoned property, including planned unit developments.

(b)

The proposed site shall be at least 1,000 feet from any preexisting adult entertainment use.

(c)

The proposed site shall be at least 1,000 feet from any preexisting house of worship, school, park or child care center.

(d)

The proposed site shall be at least 300 feet from any preexisting establishment dealing in alcoholic beverages, as defined in Ordinance No. 1997-26, for on-premises consumption.

(e)

For the purposes of measuring separation distances, the measurement shall be taken from the nearest property line with a proposed adult entertainment establishment use to the nearest property line of the parcel from which a separation requirement is provided.

(f)

Buffering shall be provided based on a land use intensity factor of nine.

(2)

Agricultural uses (F-C).

(a)

In areas with historical evidence of previous agricultural use, development of the land for agricultural use shall not result in adverse impacts upon evaluation of the issues below.

(b)

In existing undisturbed areas, development of the land for agricultural use shall not result in adverse impacts upon evaluation of the issues below.

(c)

In evaluating an application for such a special exception, the city shall consider the following issues:

(1)

Ecological effects of the proposed use with specific consideration of unique vegetative and wildlife resources;

(2)

Effect of development on drainage patterns in the area; and

(3)

Potential impact of chemical runoff and other by-products associated with agricultural use.

(3)

Bars, lounges, and night clubs (CC, ICD, RD).

(a)

The proposed site shall be at least 500 feet from the nearest house of worship, school or child care center.

(b)

The proposed site shall front on an arterial roadway.

(c)

Buffering shall be provided based on a land use intensity factor of eight.

(d)

The proposed site shall be at least 1,000 feet from any other such use.

(e)

The proposed site shall be at least 500 feet from a residential zone measured along right-of-way centerlines.

(3.5)

Boat repair, engine (RD).

(a)

Buffering shall be provided based on a land use intensity factor of nine.

(b)

Storage of vehicles and supplies shall be within an enclosed building or in an area to the rear of the property which is screened from view from any public rights-of-way or adjoining property.

(c)

No boat shall be stored on the property for more than ten days awaiting repair.

(4)

Cemeteries (A, AP).

(a)

The proposed site shall be a minimum of two acres.

(5)

Farmers/flea markets (A, AP).

(a)

The proposed site shall front on an arterial roadway.

(b)

The proposed site shall be a minimum of three acres with a minimum of 200 feet of frontage.

(c)

A maximum of 20 percent of the site shall be devoted to sales area.

(d)

Operation shall be restricted to daylight hours on Fridays, Saturdays and Sundays only and legal holidays which fall on a Monday.

(e)

Required parking shall be provided at a ratio of two spaces for every 100 square feet of sales area.

(f)

Buffering shall be provided based on a land use intensity factor of seven, with a six-foot high opaque fence or wall required along property lines which abut any residential zone.

(g)

All merchandise and refuse shall be removed from the site at the end of each day.

(5.5)

Farmers/flea markets (RD).

(a)

The proposed site shall front on an arterial roadway.

(b)

A maximum of 20 percent of the site shall be devoted to sales area.

(c)

Required parking shall be provided at a ratio of one space for every 200 square feet of sales area.

(d)

Buffering shall be provided according to chapter 13 of this code, with a six-foot high opaque fence or wall required along property lines, which abut any residential zone.

(e)

All merchandise and refuse shall be removed from the site at the end of each day.

(f)

The proposed site shall be a minimum of two and one-half acres with a minimum of 300 feet of frontage.

(g)

The farmers/flea market shall only operate on the following days: Thursdays, Fridays, Saturdays, Sundays, and legal holidays which fall on Monday. Operation shall be restricted to daylight hours only, except that on one of the days of operation each month the farmers/flea market may operate until 9:00 p.m. Parking lots used after dark shall be lighted in accordance with chapter 12 of this code.

(6)

Fortunetellers, astrologers, and palm readers (CC).

(a)

The proposed site shall be at least 100 feet from a residential zone measured along right-of-way centerlines.

(b)

The proposed site shall be at least 1,000 feet from any other such use.

(c)

Buffering shall be provided based on a land use intensity factor of seven.

(7)

Game/recreation facilities (CC, RD).

(a)

The proposed site shall front on an arterial roadway.

(b)

The proposed site shall be at least 300 feet from the nearest house of worship, school or child care center.

(c)

The proposed site shall be at least 1,000 feet from any other such use.

(d)

Buffering shall be provided based on a land use intensity factor of eight.

(e)

The proposed site shall be at least 300 feet from a residential zone measured along right-of-way centerlines.

(7.5)

Garage apartments (R-7SF).

(a)

The living area shall be a minimum of 480 square feet and a maximum of 800 square feet.

(b)

The proposed architectural treatment shall be consistent with the principal residential structure on the property.

(c)

The garage apartment structure shall meet the same side and rear yard building setbacks as the principal residential structure on the property.

(d)

Access to the street shall be provided by a stabilized driveway with a minimum width of ten feet.

(8)

Houses of worship (A, AP, RR, R-7SF, R-3L, R-3M, R-3H, NP).

(a)

The proposed site shall be a minimum of one acre.

(b)

The proposed site shall front on an arterial or major collector roadway.

(c)

All structures shall be set back a minimum of 50 feet from side and rear lot lines.

(d)

Buffering shall be provided based on a land use intensity factor of four for buildings under 10,000 square feet and five for buildings of 10,000 square feet or more.

(e)

A separate special exception shall be required for other facilities developed in conjunction with a house of worship as may be listed herein.

(9)

Houses of worship (PO).

(a)

Development of a new facility on a vacant site or use of an existing freestanding individual site shall be in compliance with section 3(b)(8) above.

(b)

Use of an existing developed multi-tenant office complex containing more than one office shall be in compliance with the following requirements:

(1)

The proposed site shall be a minimum of one acre.

(2)

The proposed site shall front on an arterial or major collector roadway.

(3)

The proposed use shall comply with the requirements of chapter 12 of this code for reduction for mixed or joint use of parking spaces.

(4)

Signage shall be limited to signs permitted by chapter 15 of this code.

(5)

Subleasing or renting of the space to groups or for purposes other than that for which the application is granted shall be prohibited.

(6)

Buffering shall be provided based on a land use intensity factor of four for facilities of less than 10,000 square feet and five for facilities of 10,000 square feet or more.

(7)

A special exception shall be required for all other facilities developed in conjunction with a house of worship as may be listed herein.

(9.5)

Marina, commercial/industrial (LI).

(a)

Marina development is encouraged through a PCD.

(b)

Marina development shall comply with chapter 9, section 27.

(c)

Buffering shall be provided based on a land use intensity factor of ten. Perimeter buffering adjacent to the Halifax River shall be provided based on a bufferyard design type of one.

(d)

The proposed site shall front on an arterial roadway.

(e)

The proposed site shall be at least 500 feet from any residentially zoned property.

(f)

All intensive uses such as repair; storage of vehicles, supplies, freight, cargo, or equipment; or maintenance work shall be located internally and screened from view from any public rights-of-way or adjoining property.

(g)

Signage shall comply with the standards established in chapter 15 based on the types of uses located within the marina.

(h)

There shall be sufficient parking and infrastructure improvements in place to accommodate this use. Impact assessment shall be based on a traffic impact analysis that shall comply with the requirements established for concurrency review in chapter 4. The administrative official may require analysis of other traffic impact factors based on the intensity of the use and its relative location.

(i)

Permanent or transient occupancy of a vessel within the marina shall be prohibited.

(j)

The city reserves the right to place other conditions/requirements on the development as deemed necessary based on the conditions/circumstances and the requirements of the code.

(9.6)

Marina, recreational (CC, GPU, RD, ROD).

(a)

Marina development is encouraged through a PCD.

(b)

Marina development shall comply with section 9-27.

(c)

Buffering shall be provided based on a land use intensity factor of seven. Perimeter buffering adjacent to the Halifax River shall be provided based on a bufferyard design of one. A six-foot high masonry wall is required along property lines that abut any residential zone.

(d)

Boat servicing shall be limited to minor servicing and repair. Minor servicing and repair includes, but is not limited to, replacement of engine parts such as spark plugs, fuel filters/water separators, and minor electronic repairs. Minor repairs and servicing shall not include activities that require the use of lifts, specialized tools or the removal of the engine block, carburetor, lower unit, powerhead, or flywheel. The replacement of tiller-driven motors typically used for trolling, emergency power or temporary motors for sailboats shall not be considered to be a repair or service.

(e)

Storage of vehicles, supplies, or equipment shall be screened from view from any public rights-of-way or adjoining property.

(f)

On-site parking shall comply with section 12-4.

(g)

Off-site parking shall be encouraged and comply with section 12-6.

(h)

Signage shall comply with the standards established in chapter 15 based on the types of uses located within the marina.

(i)

Permanent and transient occupancy of a vessel within a marina (liveaboard) shall be permitted only if the marina provides potable water, sanitary sewer and solid waste services to the slips serving the liveaboard vessels. All slips to be used for liveaboard vessels shall be designated on the final site plan.

(9.7)

Reserved.

(9.8)

Reserved.

(10)

Mini-warehouses (CC, HC, RD).

(a)

Warehouse buildings shall be screened from any public rights-of-way by a six-foot high opaque fence or wall with a type 2 bufferyard planted along the street side of the fence or wall. Bufferyard requirements may be increased in accordance with chapter 13 of this Code.

(b)

The proposed site shall be a minimum of two acres.

(c)

The proposed site shall front on an arterial roadway.

(10.5)

Mini-warehouses (ICD).

(a)

Warehouse buildings shall be screened from any public rights-of-way by a six-foot high opaque fence or wall with a type 2 bufferyard planted along the street side of the fence or wall. Bufferyard requirements may be increased in accordance with chapter 13 of this code.

(b)

The proposed site shall be a minimum of two acres.

(c)

The proposed site shall front on an arterial roadway.

(d)

Mini-warehouse buildings shall be designed as a multilevel building in accordance with chapter 14 (architecture) of the Land Development Code. Storage cubicles shall only be accessible through an interior corridor.

(11)

Mobile homes (AP).

(a)

The proposed mobile home shall be inhabited by the manager, caretaker or worker of an active and bona fide agricultural use.

(b)

The proposed mobile home shall be located away from property lines to the greatest extent possible, and in a manner so as to be screened from view from any public rights-of-way or adjoining property.

(c)

One mobile home shall be permitted in addition to the principal structure on any one lot, parcel or agricultural operation, whichever is larger.

(12)

Motor vehicle and boat storage facilities (CC).

(a)

The proposed site shall front on an arterial roadway.

(b)

The proposed site shall be a minimum of two acres.

(c)

Buffering shall be provided based on a land use intensity factor of six for completely enclosed facilities and seven for fenced facilities.

(d)

Outside storage shall be completely enclosed within a six- to eight-foot-high opaque fence or wall.

(e)

Vehicles, for purposes of this special exception, shall include automobiles, trucks, vans, boats, boat trailers, recreational vehicles, and other similar vehicles which are customarily owned, rented or leased by the average family. Such vehicles shall be licensed and fully operational at all times. Towing to and impoundment at the facility of any inoperable vehicle or appurtenance thereof shall not be permitted.

(f)

Vehicle washing shall be confined to a commercial facility or pervious surface in compliance with the water conservation regulations of the city.

(g)

Vehicle servicing shall be limited to regular maintenance items such as changing oil, tires, batteries, and other similar activities. Mechanical or body repair, painting, engine rebuilding, or other similar work which would customarily be performed at a motor vehicle service center shall not be permitted.

(h)

Living quarters for a resident manager may be permitted, provided such quarters are occupied by the manager and the manager's immediate family.

(i)

Required parking shall be provided at a ratio of one space for each ten storage stalls or fraction thereof, plus one space for each employee at the largest shift and two spaces if resident manager living quarters are provided.

(13)

Motor vehicle repair facilities (HC, ICD, RD).

(a)

Buffering shall be provided based on a land use intensity factor of nine.

(b)

Storage of vehicles and supplies shall be within an enclosed building or in an area to the rear of the property which is screened from view from any public rights-of-way or adjoining property.

(c)

No motor vehicle of any kind shall be stored on the property for more than ten days awaiting repair.

(14)

Multifamily dwellings (RD).

(a)

The proposed site shall have a future land use designation that allows residential uses, and the maximum density shall not exceed that permitted by the future land use designation.

(b)

The proposed site shall be a minimum of one-half acre.

(c)

Building spacing shall be based on the Florida Building Code requirements.

(d)

First floor commercial space, may be included if approved as part of the final site development plan.

(e)

Outdoor recreation activity areas shall be screened from Ridgewood Avenue using architectural features, opaque fencing or walls, consistent with the primary structures, or landscaping of sufficient density and maturity at planting to provide opaque screening.

(15)

Off-site parking (all nonresidential districts).

(a)

The location of off-site parking spaces shall adequately serve the use for which they are intended. The following factors shall be considered:

(1)

Proximity of the off-site parking spaces to the use that they will serve.

(2)

Ease of pedestrian access to the off-site parking spaces.

(3)

Whether the off-site parking spaces are compatible with the use intended to be served, e.g., off-site parking is not ordinarily compatible with high turnover uses such as retail.

(b)

The location of off-site parking spaces shall not create unreasonable:

(1)

Hazards to pedestrians.

(2)

Hazards to vehicular traffic.

(3)

Traffic congestion.

(4)

Interference with access to other parking spaces in the vicinity.

(c)

The developer shall furnish a written agreement or attach off-site parking by deed to the parcel to which such parking is designed to serve, approved in form by the city attorney, assuring the continued availability of the off-site parking facilities for the use they are intended to serve.

(16)

Private schools (A, R-7SF, R-3L, R-3M, R-3H, PO).

(a)

The proposed site shall be a minimum of one acre.

(b)

The proposed site shall front on an arterial or major collector roadway.

(c)

Buffering shall be provided based on a land use intensity factor of six for outdoor play areas, seven for loading and service areas and five for the remainder of the use.

(d)

Regular storage of any vehicles on the site shall not be permitted unless located to the rear of the property and screened from view from any public rights-of-way or adjoining property.

[(16.5)]

Private schools (NP).

(a)

Use is only permitted where a private school existed as of the effective date of Ordinance No. 2015-14.

(b)

Replacement of an existing private school is allowed provided the new structure is located within the same setbacks as the former structure and existing site improvements are upgraded to comply with all applicable provisions of this code for such development.

(c)

Buffering shall be provided based on a land use intensity factor of six for outdoor play areas, seven for loading and service areas and five for the remainder of the use.

(d)

Regular storage of any vehicles on the site shall not be permitted unless located to the rear of the property and screened from view from any public rights-of-way or adjoining property.

(17)

Recreation (public/private) facilities (F-C).

(a)

Active recreation sites shall be buffered based on a land use intensity factor between six and 12, based on the specific levels of activity and potential impact of the proposed use.

(b)

Active recreation sites shall front on an arterial or major collector roadway.

(c)

Passive recreation sites may be located in any F-C district.

(18)

Recreational vehicle parks and campgrounds (RMH).

(a)

The proposed site shall be at least 1,000 feet from any other such use.

(b)

The proposed site shall front on an arterial roadway.

(c)

The proposed site shall be a minimum of five acres.

(d)

The proposed site shall be designed and used for short-term, transient accommodation of:

(1)

Travel trailers;

(2)

Vehicles with sleeping accommodations;

(3)

Tents; and

(4)

Other similar types of facilities.

An occupant of the site (other than any occupant employed to maintain the site and allowed as a condition of such employment to live on the site) shall remain an occupant of the site no longer than 180 days out of every 360 days. In addition, the facilities listed above (other than a facility occupied by a person employed to maintain the site and allowed as a condition of such employment to live on the site) shall be relocated within the park or removed from the park every 180 days. The park property owner shall keep and maintain sufficient records, including occupancy ledgers, to allow the city to determine whether the park owner is in compliance with this subparagraph. The park owner shall allow the city reasonable access to such records and the park premises in order to ensure compliance with this subparagraph. No additions or improvements such as add-a-rooms or patios shall be constructed or installed onto the facilities listed above. A recreational vehicle park or campground address shall not be used to establish permanent residency for any local service.

(e)

Convenience establishments, such as grocery stores, restaurants and laundries may be permitted in recreational vehicle parks or campgrounds subject to the following conditions:

(1)

The convenience establishments shall be restricted to use by park occupants only and not advertised for patronage by the general public; and

(2)

Signage shall comply with the standards established in chapter 15 of this code.

(f)

Buffering shall be provided based on a land use intensity factor of seven, with a six-foot high opaque wall or fence required as part of the bufferyard.

(g)

Restrooms and shower facilities shall be provided based on the following:

(1)

Men's toilets: One for every 30 spaces, or fraction thereof;

(2)

Men's urinals: One for every 50 spaces, or fraction thereof;

(3)

Men's lavatories: One for every 20 spaces, or fraction thereof;

(4)

Women's toilets: One for every 20 spaces, or fraction thereof;

(5)

Women's lavatories: One for every 20 spaces, or fraction thereof; and

(6)

Showers: One for each sex for every 100 spaces, or fraction thereof.

(h)

Sanitary stations for disposal of recreational vehicle and lodging wastes shall be provided at a ratio of one for every 100 spaces, or fraction thereof.

(19)

Retail nurseries and garden supplies (A, AP).

(a)

The proposed site shall front on an arterial or major collector roadway.

(b)

The proposed site shall be a minimum of two acres.

(20)

Reserved.

(21)

Truck stops (ICD, LI).

(a)

The proposed site shall front on an arterial roadway.

(b)

Buffering shall be provided based on a land use intensity factor of nine.

(c)

All truck and commercial vehicle parking shall be located behind the principal structure and screened from view from any public right-of-way or private roadway to the greatest extent possible.

(d)

Required parking shall be based upon the square footage of each use within the terminal unless the provision for shared parking can be substantiated by a parking study.

(e)

Truck and commercial vehicle servicing shall be limited to regular maintenance items such as changing oil, tires, batteries, and other similar activities. Mechanical or body repair, painting, engine rebuilding, or other similar work which would customarily be performed at a motor vehicle service center shall not be permitted.

(f)

Truck and commercial vehicle washing shall be confined to a commercial facility or pervious surface in compliance with the water conservation regulations of the city.

(g)

Towing to and impoundment at the facility of any inoperable or unlicensed truck or commercial vehicle or appurtenance thereof for a period of more than 48 hours shall not be permitted.

(22)

Urban mobile home parks (RMH).

(a)

The proposed site shall be adjacent to existing mobile home development at urban densities similar to those allowed under this provision.

(b)

The proposed site shall be located so as to provide access to an arterial or major collector road, or through mobile home areas of equal or higher density. Where accessed through existing mobile home areas, the road network shall be sufficient to safely accommodate the increased traffic.

(c)

The proposed park shall be permitted to comply with the following development criteria:

(1)

Minimum project size: Minimum project size shall be one acre;

(2)

Maximum project density: Six and one-half units per acre;

(3)

Mobile home lot or space requirements: Each mobile home lot or space shall be at least 50 feet wide and 100 feet deep, clearly defined by permanent markers or platted as such; and

(4)

Minimum building setbacks: Front shall be 20 feet, side shall be five feet and rear shall be 15 feet.

(d)

The proposed park shall comply with all other general development provisions of the RMH district which are not superseded by the above criteria.

(23)

Used motor vehicle parts yards (CI).

(a)

The proposed site shall be a minimum of one acre.

(b)

Storage of used motor vehicle parts shall be within an enclosed building or within a six- to eight-foot-high wall or fence.

(c)

The proposed site shall not front on an arterial roadway.

(d)

Buffering shall be provided based on a land use intensity factor of nine.

(24)

Veterinary clinics (A, AP).

(a)

The proposed site shall front on an arterial roadway.

(b)

Any boarding facilities shall comply with the requirements for kennels in section 4 of this chapter, including a separate application.

(Ord. No. 1991-20, 8-27-91; Ord. No. 1992-14, 6-16-92; Ord. No. 1993-58, 1-18-94; Ord. No. 1995-45, § 58, 12-19-95; Ord. No. 1997-23, § 36, 4-29-97; Ord. No. 1997-28, § 2, 5-13-97; Ord. No. 1997-65, § 2, 1-20-98; Ord. No. 1998-69, §§ 44, 45, 10-20-98; Ord. No. 2000-53, § 9, 2-20-01; Ord. No. 2001-57, §§ 8—11, 9-18-01; Ord. No. 2004-28, § 3, 9-28-04; Ord. No. 2013-5, § 4, 5-21-13; Ord. No. 2015-14, § 3, 4-21-15; Ord. No. 2015-34, § 7, 10-6-15; Ord. No. 2015-39, § 3, 12-8-15; Ord. No. 2015-45, § 2, 1-5-16; Ord. No. 2017-16, § 8, 5-16-17; Ord. No. 2017-17, § 4, 5-16-17; Ord. No. 2017-28, § 7, 9-19-17; Ord. No. 2019-5, § 4, 2-5-19; ; Ord. No. 2021-26, § 4, 10-5-21; Ord. No. 2021-13, § 5, 10-19-21)

(a)

In general. The following uses shall be considered permitted uses within the corresponding zoning districts, provided that proposed development, redevelopment, renovation, or reuse of any site for the subject use complies with the special development requirements set forth in subsection (b) and, where applicable, the special locational criteria set forth in subsection (c).

(b)

Special development requirements.

(1)

Assisted living facilities (R-3L, R-3M, RD).

(a)

The proposed site shall have a residential future land use designation.

(b)

The proposed site shall be a minimum of one acre.

(c)

The proposed site shall front on an arterial or major collector roadway.

(d)

Buffering shall be provided based on a land use intensity factor of six for service and loading areas, and four for the remainder of the use.

(e)

Maximum density shall not exceed that permitted within the underlying zoning district. For properties zoned RD, the maximum density shall not exceed that permitted by the future land use designation.

[(1.5)]

Assisted living facilities (NP).

(a)

Use is only permitted where an assisted living facility existed as of the effective date of Ordinance No. 2015-14.

(b)

Replacement of an existing assisted living facility is allowed provided the new structure is located within the same setbacks as the former structure, the number of rooms shall not be increased beyond the number available in the former structure, and existing site improvements are upgraded to comply with all applicable provisions of this code for such development.

(c)

Buffering shall be provided based on a land use intensity factor of six for service and loading areas, and four for the remainder of the use.

(2)

Assisted living facilities and nursing homes (PO, ORT).

(a)

The property shall have a future land use map designation of office/residential transition, and shall be limited to a maximum density of ten units/acre.

(b)

The proposed site shall front on or be in close proximity to an arterial or major collector roadway.

(c)

Buffering shall be provided based on a land use intensity factor of five.

(d)

The proposed architectural treatment shall be compatible with surrounding development with regard to building height and bulk, elevation design, colors and exterior finish materials.

(2.5)

Athletic/sports facilities (CC).

(a)

The proposed site shall front on an arterial roadway.

(b)

Buffering shall be provided based on a land use intensity factor of eight for parking, loading and service areas which abut any residential zone.

(3)

Banks (PO).

(a)

The proposed site shall front on an arterial roadway.

(b)

The proposed site shall be part of an overall PO zoning district of three acres or more or directly adjacent to a commercial district.

(c)

Special buffering and screening shall be provided where drive-through lanes are adjacent to residential uses.

(3.5)

Bars, lounges, and night clubs (MXC).

(a)

The proposed site shall be at least 500 feet from the nearest house of worship, school or childcare center.

(b)

The proposed site shall be at least 500 feet from a residential zone. This condition shall not apply to mixed-use zoning districts that allow a combination of residential and nonresidential uses.

(c)

The proposed site shall front on an arterial roadway.

(d)

Buffering shall be provided based on a land use intensity factor of eight.

Charter reference— Ord. No. 2011-29, § 4, adopted Nov. 8, 2011, added subsection (b)(3) to this section. Inasmuch as said subsection (b)(3) already existed, and to maintain the alpha-numeric listing of subsection (b), the new provisions have been redesignated as (3.5) with the approval of the city.

(3.7)

Brewery (CI, LI, CC, HC, ICD, RD, PC-R, MXC).

(a)

For properties with a warehouse/industrial future land use designation, accessory retail sales area, bar, and/or restaurant uses may be integrated in an amount not to exceed 15 percent of the total floor area within an individual building.

(b)

For properties zoned CC, HC, ICD, RD, PC-R, or MXC, the development site shall be a minimum of two acres in size.

(c)

For properties zoned CC, HC, ICD, RD, PC-R, or MXC, the brewery is required to include one or more accessory uses such as a tasting room, tap room, restaurant, retail, demonstration area, education and training facility or other use incidental to the brewery and open and accessible to the public.

(d)

For properties zoned CC, HC, ICD, RD, PC-R, or MXC, outdoor seating is not permitted to be located on any side adjacent to a single-family or duplex residential use or residential zoning district.

(e)

For properties zoned CC, HC, ICD, RD, PC-R, or MXC, access and loading and unloading facilities are required to be internal to the site or development or located at the back (or side not adjacent to a single-family or duplex residential use or zoning district) of building.

(f)

For properties zoned CC, HC, ICD, RD, PC-R, or MXC, off-site distribution via semi-trailer (articulated combination vehicle with a permanent or semipermanent pivoting joint; does not include a straight or box truck with no articulation) is only permitted if the truck traffic is limited to streets classified as arterial on the Comprehensive Plan Roadway Functional Classification Map.

(g)

Decorative silos that are designed to be compatible and integral with the principal structure are permitted. No additional sign area is permitted for decorative silos; however, permitted wall sign area for the principal structure or building may be transferred to the silo, provided that silo signage is only situated on the sides of the silo visible from a right-of-way. The maximum height shall not exceed the maximum building height of the zoning district.

(h)

Required parking is calculated based on square footage proposed for each use (example: manufacturing parking ratio + bar parking ratio based on square-footage).

(i)

Storage of materials, including silos, products for distribution, and other items requiring long-term storage shall be allowed in areas behind building (or a side not adjacent to a residential use or zoning district), in enclosed buildings, or otherwise screened from the public right of way or a single- family or duplex residential use or residential zoning district. Spent or used grain shall be stored in sealed containers.

(j)

Shall comply with all applicable federal, state and local laws.

(4)

Child care centers (R-3L, R-3M, R-3H, NC, CC, ICD, RD, PO, GPU, ORT, MXC).

(a)

The proposed site shall be a minimum of 15,000 square feet with a minimum lot width of 100 feet.

(b)

The proposed site shall front on an arterial roadway.

(c)

A minimum of 2,000 square feet of outside play area shall be provided for the first 50 children or less, and 22.5 square feet of play area per child shall be provided for each additional child after 50.

(d)

The play area shall be completely enclosed with a minimum six-foot-high opaque wall or fence to be constructed as part of the required bufferyard.

(e)

Buffering shall be provided based on a land use intensity factor of six.

(f)

Equipment in the play area shall be located within the buildable area in any residential zone.

(g)

The proposed architectural treatment shall be compatible with surrounding development with regard to building height and bulk, elevation design, colors and exterior finish materials.

(h)

Indoor play area may be used in lieu of outdoor play area, if outdoor play area is not available pursuant to F.S. § 402.305(14).

[(4.4)]

Child care centers (NP).

(a)

Use is only permitted where a child care center existed as of the effective date of Ordinance No. 2015-14.

(b)

Replacement of an existing child care center is allowed provided the new structure is located within the same setbacks as the former structure and existing site improvements are upgraded to comply with all applicable provisions of this code for such development.

(c)

A minimum of 2,000 square feet of outside play area shall be provided for the first 50 children or less, and 22.5 square feet of play area per child shall be provided for each additional child after 50.

(d)

The play area shall be completely enclosed with a minimum six-foot-high opaque wall or fence to be constructed as part of the required bufferyard.

(e)

Buffering shall be provided based on a land use intensity factor of six.

(f)

Equipment in the play area shall be located within the buildable area in any residential zone.

(g)

The proposed architectural treatment shall be compatible with surrounding development with regard to building height and bulk, elevation design, colors and exterior finish materials.

(h)

Indoor play area may be used in lieu of outdoor play area, if outdoor play area is not available pursuant to F.S. § 402.305(14).

[(4.5)]

Clubs, lodges, and fraternal organizations (NP).

(a)

Use is only permitted where a club, lodge, and fraternal organization existed as of the effective date of Ordinance No. 2015-14.

(b)

Replacement of an existing club, lodge, and fraternal organization is allowed provided the new structure is located within the same setbacks as the former structure and existing site improvements are upgraded to comply with all applicable provisions of this code for such development.

(c)

The proposed architectural treatment shall be generally similar to surrounding development with regard to building height and bulk, elevation design, colors and exterior finish materials.

(d)

Verification shall be provided to ensure that proposed parking is adequate to serve the full attendance of all events which occur more than twice a year.

(e)

Buffering shall be provided based on a land use intensity factor of five.

(5)

Clubs, lodges, and fraternal organizations (R-3L, R-3M, R-3H).

(a)

The proposed site shall front on an arterial or major collector roadway.

(b)

The proposed architectural treatment shall be generally similar to surrounding development with regard to building height and bulk, elevation design, colors and exterior finish materials.

(c)

Verification shall be provided to ensure that proposed parking is adequate to serve the full attendance of all events which occur more than twice a year.

(d)

Buffering shall be provided based on a land use intensity factor of five.

(5.1)

Community gardens (AP, A, RR, R-20SF, R-10SF, R-8SF, R-7SF, R-2D, R-3L, R-3M, R-3H, NP, RMH, PO, NC, CC, HC, ICD, RD, GPU).

(a)

The land shall be served by a water supply sufficient to support the cultivation practices used on the site.

(b)

If located on public land, initial site users must provide the city with a phase I environmental site assessment (ESA) prior to development. Any historical sources of contamination identified in the ESA must be tested to determine type and level of contamination; appropriate remediation procedures must be undertaken to ensure that soil is suitable for gardening.

(c)

Site users must have an established set of operating rules addressing the governance structure of the garden, hours of operation, maintenance and security requirements and responsibilities; a garden coordinator to perform the coordinating role for the management of the community gardens; and must assign garden plots according to the operating rules established for that garden. The name and contact information of the garden coordinator and a copy of the operating rules shall be kept on file with the community development department.

(d)

The on-site sale of community garden products shall be prohibited.

(e)

A parking study must be provided to the city prior to development. The administrative official shall determine the need for vehicular parking to serve the community garden on a case by case basis, based on the parking study, the location and the size of the proposed community garden. Vehicular parking provided to serve the community garden may be surfaced with paver blocks, aggregate concrete, or other semi-impervious material.

(f)

No building or structures shall be permitted on the site other than sheds for storage of tools (limited in size to 250 square feet or less), benches, bike racks, raised/accessible planting beds, compost or waste bins, picnic tables, fences, rain barrel systems, garden art and children's play areas. The combined area of all buildings or structures shall not exceed 15 percent of the garden site.

(g)

Compost piles and bins and waste bins shall be screened from adjacent properties by an opaque enclosure or shrubbery; shall be managed to prevent vermin; and shall be maintained to prevent odors.

(h)

Community gardens may be screened with a six-foot high fence, wall, or living wall alongside and rear property lines. A six-foot high fence, wall, or living wall may also be installed along the front property line. Fences shall not exceed six feet in height and shall be constructed of wood, stone, brick, ornamental metal, vinyl, or composites. Fences shall be compatible in appearance and placement with the character of nearby properties.

(i)

Community gardens shall be permitted to account for up to 50 percent of the required common open space for a residential development.

(j)

No gardening activities may take place before sunrise or after sunset. The use of hand tools and domestic gardening tools and equipment is encouraged; the use of small power equipment, such as gas-powered tillers and edgers is allowed.

(k)

The owner of the property on which the community garden is located shall be responsible for maintaining the property so that it does not become overgrown with weeds; infested by invasive exotic plan species or vermin; or a source of erosion or stormwater runoff; or a source of pollution by fertilizer, pesticide, insecticide, herbicide or other agricultural-use chemicals.

(l)

A change of grade permit application must be submitted to the community development department demonstrating that the site will be designed and maintained so that water and fertilizer will not drain onto adjacent property.

(5.12)

Construction and home improvement contractor (RD).

(a)

The proposed site shall front on an arterial roadway.

(b)

The proposed site shall be required to include an office building on the subject property for the construction and home improvement contractor.

(c)

The storage yard and all equipment and materials shall be completely enclosed and fully screened from any public or private rights-of-way or residential property with an opaque wood or PVC fence or masonry wall and a 20-foot-wide (design type 2) bufferyard planted along the street side of the fence or wall, in addition to other landscaping required by this code.

(d)

The yard (not including any associated office use) shall only be allowed to operate between 6:00 a.m. and 9:00 p.m. on any particular day.

(5.15)

Craft food and beverage producer (CC, HC, ICD, RD. PC-R. MXC).

(a)

Required to include one or more accessory uses such as a tasting room, tap room, restaurant, retail, demonstration area, education and training facility or other use incidental to the brewery and open and accessible to the public.

(b)

Access and loading and unloading facilities are required to be internal to the site or development or located at the back (or side not adjacent to a single- family or duplex residential use or zoning district) of building.

(c)

Required parking is calculated based on square footage proposed for each use (example: manufacturing parking ratio + retail parking ratio based on square-footage).

(d)

All outdoor equipment and storage of materials, including silos, products for distribution, and other items requiring long-term storage shall be allowed in areas behind building, in enclosed buildings, or otherwise screened, using architectural features consistent with the principal structure, from the public right of way or a single-family or duplex residential use or residential zoning district. Spent or used grain or similar materials that can attract rodents shall be stored in sealed containers.

(e)

Off-site distribution via semi-trailer (articulated combination vehicle with a permanent or semi-permanent pivoting joint; does not include a straight or box truck with no articulation) is only permitted if the truck traffic is limited to streets classified as arterial on the Comprehensive Plan Roadway Functional Classification Map.

(f)

Outdoor seating is not permitted to be located on any side adjacent to a single-family or duplex residential use or residential zoning district.

(g)

Shall comply with all applicable federal, state and local laws.

(5.2)

Garage apartment (PC-A/community district).

(a)

The living area shall be a minimum of 480 square feet and a maximum of 800 square feet.

(b)

The proposed architectural treatment shall be consistent with the principal residential structure on the property.

(c)

Access to the street and/or alley shall be provided by a stabilized driveway with a minimum width of ten feet.

(5.5)

Garage apartment (NP, PC-A/neighborhood district).

(a)

The living area shall be a minimum of 480 square feet and a maximum of 800 square feet.

(b)

The proposed architectural treatment shall be consistent with the principal residential structure on the property.

(c)

The garage apartment structure shall meet the same side and rear yard building setbacks as the principal residential structure on the property.

(d)

Access to the street shall be provided by a stabilized driveway with a minimum width of ten feet.

(6)

Health/exercise clubs (PO, CI, ORT, MXC, LI).

(a)

The proposed site shall front on an arterial or collector roadway.

(b)

A proposed corner site shall not abut a residential lot unless access is prohibited to the street upon which both lots front.

(c)

Additional buffering and special design shall be provided to effectively prevent the illumination of adjoining residential land due to outdoor lighting of courts, fields, pools or parking areas associated with the club or center. If outdoor facilities are proposed to be installed and/or constructed in conjunction with the use in an existing complex or center, a site development plan application will be reviewed and approved by the department of community development, in compliance with the requirements of this code.

(d)

To service the use, at least one parking space shall be converted into a "dropoff area." This space shall be striped with paint or designated with a sign.

(e)

All building renovations necessary in order to comply with the requirements of the building and fire codes will be subject to the review and issuance of building permits from the department of community development.

(7)

Horses (RR).

(a)

The proposed site shall be a minimum of two acres.

(b)

Any related accessory uses such as stables, etc., shall be located a minimum of 50 feet from any lot line.

(8)

Kennels (A, AP, CI).

(a)

The proposed site shall be a minimum of one acre.

(b)

The proposed site shall be devoted to the sole purpose of the use, and shall not be part of any multi-tenant complex or multi-use property, except for those in A and AP zones where mixed uses may be accommodated provided the requirements of this code can be satisfied.

(c)

Buffering shall be provided based on a land use intensity factor of seven.

(d)

Open kennels shall be screened from off-site view.

(e)

Structures, pens or runs shall be set back a minimum of 50 feet from any lot line.

(9)

Laundry/dry cleaning plants (HC).

(a)

The proposed site shall be located on an arterial roadway.

(b)

Buffering shall be provided based on a land use intensity factor of eight.

(c)

Regular storage of any vehicles on the site shall be located to the rear of the property and screened from view from any public rights-of-way or adjoining property.

(9.5)

Live-work units (PC-A/community district, ORT, MXC).

(a)

Such buildings shall be appropriately located and developed as intermediate uses between predominantly residential and nonresidential areas.

(b)

Nonresidential uses shall be limited to the ground floor of multistory buildings or up to 50 percent of single-story buildings. The nonresidential use shall take place entirely within the building.

(c)

No part of the yard shall be used for nonresidential purposes other than parking. Required parking shall be as follows: Two spaces plus one additional space/300 square feet of nonresidential area. Parking facilities for live-work units shall be located as per the residential standards of this code.

(d)

Building setbacks shall be the same as for the adjacent residential area in the PC-A community district. In the ORT and MCX district the building setbacks in the Schedule of Dimensional Requirements shall apply.

(e)

Buildings shall appear to be residential in character. The proposed architectural treatment shall be generally similar to surrounding development with regard to building height and bulk, elevation design, colors and exterior finish materials, to the greatest extent possible.

(f)

Live-work units shall be permitted to have one externally illuminated wall sign per street frontage of four square feet in size. The wall sign shall be placed on the ground floor.

(9.55)

Marina, recreational (MXC).

(a)

Buffering shall be provided based on a land use intensity factor of seven. Perimeter buffering adjacent to the Halifax River shall be provided based on a bufferyard design of one. A six-foot-high masonry wall is required along property lines that abut any residential zone.

(b)

Permanent and transient occupancy of a vessel within a marina (liveaboard) shall be permitted only if the marina provides potable water, sanitary sewer and solid waste services to the slips serving the liveaboard vessels. All slips to be used for liveaboard vessels shall be designated on the final site plan.

(9.57)

Microbrewery (CC, HC, ICD, RD, PC-R, MXC).

(a)

Required to include one or more accessory uses such as a tasting room, tap room, restaurant, retail, demonstration area, education and training facility or other use incidental to the microbrewery and open and accessible to the public.

(b)

Decorative silos that are designed to be compatible and integral with the principal structure are permitted. No additional sign area is permitted for decorative silos; however, permitted wall sign area for the principal structure or building may be transferred to the silo, provided that silo signage is only situated on the sides of the silo visible from a right-of- way. The maximum height shall not exceed the maximum building height of the zoning district.

(c)

Access and loading and unloading facilities are required to be internal to the site or development or located at the back (or side not adjacent to a single-family or duplex residential use or zoning district) building.

(d)

Required parking is calculated based on square footage proposed for each use (example: manufacturing parking ratio + bar parking ratio based on square-footage).

(e)

Storage of materials, including silos, products for distribution, and other items requiring long-term storage shall be allowed in areas behind building (or a side not adjacent to a residential use or zoning district), in enclosed buildings, or otherwise screened from the public right of way or a single-family or duplex residential use or residential zoning district- Spent or used grain shall be stored in sealed containers.

(f)

Off-site distribution via semi-trailer (articulated combination vehicle with a permanent or semi-permanent pivoting joint; does not include a straight or box truck with no articulation) is only permitted if the truck traffic is limited to streets classified as arterial on the Comprehensive Plan Roadway Functional Classification Map.

(g)

Outdoor seating is not permitted to be located on any side adjacent to a single-family or duplex residential use or residential zoning district.

(h)

Shall comply with all applicable federal, state and local laws.

(9.6)

Reserved.

(9.7)

Medical offices (PC-R).

(a)

Medical office must be in a unit fronting an arterial roadway.

(b)

Medical office must be located on the 2 ^nd or higher floor of a mixed-use building.

(9.75)

Motor vehicle sales (CI).

(a)

Motor vehicle display areas and storage of vehicles for sale must be in enclosed buildings.

(9.77)

Motor vehicle and boat storage facilities, indoor (ROD).

(a)

The proposed site shall front on an arterial roadway.

(b)

The proposed site shall be a minimum of two acres.

(c)

No outside storage shall be permitted.

(d)

Full architectural treatment shall be required on all sides. Such treatment shall include, but not be limited to, building finishes, roof design and materials, window and door styles, architectural details and colors.

(e)

Vehicle washing shall be confined to a commercial facility or pervious surface in compliance with the water conservation regulations of the city, and fully screened from rights-of-way.

(f)

Vehicle servicing shall be limited to regular maintenance items such as changing oil, tires, batteries, and other similar activities. Mechanical or body repair, painting, engine rebuilding, or other similar work which would customarily be performed at a motor vehicle service center shall not be permitted.

[(9.8)]

Multifamily dwellings (NP).

(a)

Use is only permitted where a multifamily structure(s) existed as of the effective date of Ordinance No. 2015-14.

(b)

Replacement of an existing multifamily structure(s) is allowed provided the new multifamily structure(s) is constructed in accordance with the following setbacks:

(1)

Front yard setback: The minimum front yard setback shall be determined by the average dimension used for existing structures with 100 feet of the property measured along the same side of the roadway frontage.

(2)

Side corner setback: Where any corner lot does not provide for extra width to accommodate use of the front yard setback on all roadway frontages, a lesser setback consistent with those found in the surrounding area may be allowed. In no case shall the side corner setback be less than 15 feet.

(3)

Side yard setback: The minimum side yard setback shall be 25 feet.

(4)

Rear yard setback: The minimum rear yard setback shall be 25 feet. A multifamily building greater than 25 feet in height shall have a building setback equal to or greater than the building height.

(c)

The number of dwellings shall not be increased beyond the number available in the former structure.

(d)

Existing site improvements shall be upgraded to comply with all applicable provisions of this code for such development.

(e)

Maximum building height: The maximum building height shall be 35 feet.

(10)

Nursing homes (R-3L, R-3M, R-3H, RD).

(a)

The proposed site shall front on an arterial or major collector roadway.

(b)

Buffering shall be provided based on a land use intensity factor of six for service and loading areas, and four for the remainder of the use.

[(10.5)]

Nursing homes (NP).

(a)

Use is only permitted where a nursing home existed as of the effective date of Ordinance No. 2015-14.

(b)

Replacement of an existing nursing home is allowed provided the new structure is located within the same setbacks as the former building and the number of rooms shall not be increased beyond the number of rooms available in the former structure, and existing site improvements are upgraded to satisfy current code requirements.

(c)

Buffering shall be provided based on a land use intensity factor of six for service and loading areas, and four for the remainder of the use.

(10.75)

Off-site parking lot (ROD).

(a)

The city may allow the use of alternative surfaces such as recycled concrete, aggregate concrete, paver blocks, or other semi-pervious material if determined by the Administrative Official to be acceptable.

(b)

Stormwater, landscaping, buffer, setback, and other applicable provisions of this code shall be complied with regardless if parking lot is paved or finished with an alternative surface. Internal landscaping and buffer width may be reduced by the administrative official if there are site constraints.

(c)

If finished with an alternative surface, that material is to be minimum of two inches deep, placed upon a porous weed barrier and effectively contained within a border of concrete, railroad ties, or other rigid material.

(d)

Spaces shall be delineated in some manner, such as use of railroad ties, wheel stops, or other similar material.

(e)

If non-paved areas become rutted, uneven, unable to drain properly, unsightly, or unmaintained, the city will require that the area be paved according to the City's Standard Construction Details.

(f)

Approval of an off-site parking lot requires approval of a site plan.

(g)

Designated pedestrian route from the off-site parking lot to the use it will serve is required, whether existing or to be constructed with the off-site parking lot.

(h)

Chapter 12, section 6(a)(1) and (2) shall not apply.

(11)

Office supplies (PO).

(a)

The proposed site shall front on an arterial roadway.

(b)

The proposed use shall contain less than 3,000 square feet of retail area, and 1,000 square feet of storage area.

(c)

A loading zone shall be provided reasonably accessible to the proposed location in the building or complex.

(d)

The proposed architectural treatment shall be generally similar to surrounding office development with regard to building height and bulk, elevation design, colors and exterior finish materials, to the greatest extent possible.

(12)

Office/warehouse facilities (PO, ORT).

(a)

General retail sales and services shall not be permitted.

(b)

Warehouse space shall be used for storage purposes only. No manufacturing or fabrication of any kind shall be permitted.

(c)

No commercial vehicles larger than one-ton capacity shall be regularly parked on the site.

(d)

Buffering shall be provided based on a land use intensity factor of seven for access drives and other areas specifically designed to serve the warehouse facilities, and six for the remainder of the use.

(e)

The proposed architectural treatment shall be compatible with surrounding development with regard to building height and bulk, elevation design, colors and exterior finish materials. In particular, special architectural treatment shall be given to the warehouse elevations in order to maintain the appearance of general office development.

(12.2)

Office/warehouse facilities (ICD).

(a)

No commercial vehicles larger than one-ton capacity shall be regularly parked on the site.

(b)

The building must be designed so that its appearance from a street will be that of an office or a commercial multi-tenant building, and with any truck loading areas associated with the use not being visible from that street.

(c)

Buffering shall be provided based on a land use intensity factor of seven for access drives and other areas specifically designed to serve the warehouse facilities, and six for the remainder of the use.

(d)

The proposed architectural treatment shall be compatible with surrounding development with regard to building height and bulk, elevation design, colors and exterior finish materials. In particular, special architectural treatment shall be given to the warehouse elevations in order to maintain the appearance of general office development.

(12.3)

Outdoor fruit and vegetable or craft markets (ROD).

(a)

Outdoor display areas shall be located entirely on private property outside any required fire lane or fire access way. Displayed merchandise shall occupy a location that does not disrupt the normal function of the site or its circulation and does not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas. These displays shall not obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

(b)

The merchandise in the outdoor display and sales area, including, but not limited to the display racks, tables, and stands, shall not exceed a height of six feet.

(c)

The design of all improvements, sales racks, and furniture shall be of a quality to sustain weather and wear and shall be of commercial-grade materials.

(d)

All display and sale merchandise, furniture and fixtures and other portable appurtenances shall be removed from outdoors at the end of each business day. No outside storage shall be permitted.

(e)

Outdoor display and sales areas are exempt from the parking requirements of chapter 12 but are prohibited in parking lots/areas.

(f)

The business or property owner shall maintain the outdoor display and sales area and the adjoining street, curb, gutter and sidewalk in a neat, clean and orderly condition at all times, regardless of the source of the refuse and litter.

(g)

If necessary, the business or property owner shall clean the surface of the sidewalk by washing or buffing to remove any stains, marks, or discoloration and in accordance with prevailing storm water and water quality regulations.

(h)

Furniture, fixtures, and appurtenances shall be kept clean and in good condition.

(12.5)

Pain management clinics (PO).

a.

Controlled substances. The on-site sale, delivery, or dispensing of controlled substances at a pain management clinic is prohibited except as specifically authorized by applicable federal or state law.

b.

Loitering. The pain management clinic shall provide adequate seating for its patients and business invitees. The pain management clinic shall not direct or encourage any patient or business invitee to stand, sit (including in a parked car), or gather or loiter outside of the building where the clinic operates, including in any parking areas, sidewalks, right-of-way, or neighboring properties for any period of time longer than that reasonably required to arrive and depart. The pain management clinic shall post conspicuous signs on at least three sides of the building that no loitering is allowed on the property.

c.

Queuing of vehicles. The pain management clinic shall ensure that there is no cuing [queuing] of vehicles in the right-or-way. The building or tenant space where the pain management clinic is located shall be a minimum of 100 feet from any driveway providing access to the property. The pain management clinic shall take all necessary and immediate steps to ensure compliance with this paragraph.

d.

Alcoholic beverages. No consumption of alcoholic beverages shall be allowed on the premises, including in the parking areas, sidewalks, or right-of-way. The pain management clinic shall take all necessary and immediate steps to ensure compliance with this paragraph.

e.

Separation distances. Pain management clinics shall not be colocated on the same property or within 1,000 feet of another pain management clinic or a pharmacy.

f.

Operating hours. Pain management clinics shall only be allowed to operate between 7:00 a.m. and 9:00 p.m. on any particular day.

g.

Compliance with other laws. All pain management clinics shall at all times be in compliance with all federal and state laws and regulations, the Code of Ordinances and the Land Development Code of the City of Port Orange.

h.

[Compliance with state statutes.] All pain management clinics shall comply with F.S. section [chapter] 893 and in addition thereto the prescriber, as therein defined, shall be required to check the prescription drug monitoring programs database prior to prescribing.

i.

Nonconformities. The requirements of this section shall be prospective only from the effective date of this subsection, and therefore existing clinics in the City of Port Orange that do not meet the requirements set forth herein shall be granted nonconforming status. This nonconforming characteristic or use shall be regulated in the same manner as set forth in chapter 3, section 8 the Land Development Code. No change shall be made by existing clinics that increases the nonconforming characteristics.

Editor's note— Ord. No. 2011-32, § 4, adopted Dec. 13, 2011, added subsection (b)(13.5) to this section. To maintain the alpha-numeric listing of subsection (b), the new provisions have been redesignated as (12.5) at the editor's discretion.

(13)

Personal services (PO).

(a)

The proposed site shall front on an arterial roadway.

(b)

Signage shall be limited to signs permitted by this code for office buildings and complexes and approved for the particular site.

(c)

Parking shall be provided as required by this code for personal services.

(d)

In multi-tenant office complexes and parks, the total personal service uses shall not exceed 25 percent of the total building area on the site.

(14)

Restaurants (NC).

(a)

The proposed site shall be part of a neighborhood center containing a minimum of 5,000 square feet of gross leasable area. The area of the restaurant use shall not exceed 50 percent of the total center area.

(b)

Buffering shall be provided based on a land use intensity factor of seven for restaurant loading and service areas.

(15)

Restaurants (PO).

(a)

The proposed site shall front on an arterial roadway.

(b)

The proposed site shall be part of an overall PO district containing in excess of 20,000 square feet of existing gross leasable area. This requirement may be waived where the proposed site is adjacent to a zoning district which allows restaurants as a permitted use.

(c)

Restaurant service and loading areas shall be buffered based on a land use intensity factor of seven.

(d)

No drive-through service shall be permitted.

(e)

The proposed architectural treatment shall be generally similar to surrounding development with regard to building height and bulk, elevation design, colors and exterior finish materials, to the greatest extent possible.

(15.5)

Single-family dwellings (RMH).

(a)

The proposed site shall be located in one of the following RMH zoned subdivisions within the city.

(1)

Commonwealth.

(2)

Gladys White Acres.

(3)

Southern Pines.

(4)

Spruce Creek Village.

(5)

The Cove.

(6)

Treasure Lakes.

(7)

Twin Gates.

(8)

Williams Mobile Home Park.

(b)

Development of the site shall comply with the RMH dimensional requirements listed in chapter 17, section 27 of this code.

(c)

Minimum open space for single-family dwellings is 35 percent.

(d)

Minimum lot width of 50 feet and lot area of 5,000 square feet is required for single-family development on existing legal lots of record.

(e)

Subdivision of land to create new lots shall comply with the RMH dimensional requirements listed in chapter 17, section 27 of this code.

(15.6)

Single-family dwellings (R-2D).

(a)

The single-family dwelling shall be located in one of the following R-2D zoned zero lot line subdivisions within the city or have been issued a building permit prior to April 17, 1990:

(1)

Amber Village.

(2)

Gatewood.

(3)

Harbor Town Village.

(4)

Potato Patch.

(5)

Southern Oaks.

(6)

Taylor Woods.

(7)

The Groves.

(b)

The dimensional requirements for single-family dwellings in the R-2D zoning district are as follows:

(1)

Minimum lot area: 5,000 square feet.

(2)

Minimum lot width: 50 feet.

(3)

Maximum building coverage: 40 percent.

(4)

Building setbacks ([in] feet):

(a)

Front: 20 or as identified on the subdivision plat, whichever is greater.

(b)

Side: Ten (if located in an existing zero lot line subdivision listed above, then one side is ten feet and one side is zero feet) or as identified on the subdivision plat referenced in subsection 4(b)(15.6)(a).

(c)

Rear: 15 or as identified on the subdivision plat, whichever is greater.

(5)

Maximum building height: 35 feet.

(16)

Taxidermy (HC).

(a)

The proposed site shall be an individual freestanding structure to be used solely for the taxidermy operation, and not part of any multi-tenant complex.

(b)

The applicant shall provide documentation that provisions have been arranged for the disposal of waste in accordance with applicable local, state and federal regulations.

(c)

The applicant shall provide evidence that no objectionable impact resulting from the taxidermy operation (such as odors, refuse, etc.) shall be discernible beyond the boundaries of the property.

(17)

Theaters (CC).

(a)

The proposed site shall front on an arterial roadway.

(b)

Buffering shall be provided based on a land use intensity factor of seven for parking, loading and service areas which abut any residential zone.

(18)

Two-family dwellings (NP).

(a)

Use is only permitted where a two-family dwelling existed as of the effective date of Ordinance No. 2015-14.

(b)

Replacement of an existing two-family dwelling is allowed provided the new two-family dwelling is built based on the setbacks in effect prior to adoption of Ordinance No. 2015-14 (May, 5, 2015).

(1)

Front yard setback: The minimum front yard setback shall be determined by the average dimension used for existing structures with 100 feet of the property measured along the same side of the roadway frontage.

(2)

Side corner setback: Where any corner lot does not provide for extra width to accommodate use of the front yard setback on all roadway frontages, a lesser setback consistent with those found in the surrounding area may be allowed. In no case shall the side corner setback be less than 15 feet.

(3)

Side yard setback: The minimum side yard setback shall be five feet for lots less than 75 feet in width, and 7½ feet for lots of 75 feet or greater.

(4)

Rear yard setback: The minimum rear yard setback shall be 25 feet.

(c)

Special locational criteria. Where the proposed site for a permitted use with special development requirements is required to be located on or front on an arterial or major collector roadway, said requirement is intended to ensure that traffic impacts associated with the use are directed toward the arterial or major collector roadway. This frontage requirement may be met by sites without direct frontage on an arterial or major collector roadway, provided that the proposed site is located in close proximity to the designated roadway and the traffic impacts associated with the proposed use will be directed through areas of higher intensity development to reach the designated roadway.

(Ord. No. 1995-45, § 59, 12-19-95; Ord. No. 1998-69, §§ 46—48, 10-20-98; Ord. No. 2001-34, § 2, 6-19-01; Ord. No. 2001-57, § 12, 9-18-01; Ord. No. 2001-83, § 2, 10-16-01; Ord. No. 2001-85, § 3, 11-13-01; Ord. No. 2002-21, §§ 9—11, 5-21-02; Ord. No. 2004-11, § 4, 6-15-04; Ord. No. 2004-21, § 2, 9-21-04; Ord. No. 2004-28, § 4, 9-28-04; Ord. No. 2007-11, § 4, 3-20-07; Ord. No. 2010-17, § 4, 7-20-10; Ord. No. 2011-29, § 4, 11-8-11; Ord. No. 2011-32, § 4, 12-13-11; Ord. No. 2011-39, § 6, 1-3-12; Ord. No. 2013-1, § 2, 1-22-2013; Ord. No. 2013-5, § 4, 5-21-2013; Ord. No. 2014-26, § 2, 12-2-2014; Ord. No. 2015-14, § 4, 4-21-2015; Ord. No. 2015-39, § 4, 12-8-15; Ord. No. 2016-19, § 9, 10-4-16; Ord. No. 2019-28, § 4, 9-5-19; Ord. No. 2021-26, § 5, 10-5-21; Ord. No. 2021-13, § 5, 10-19-21)