Editor's note— Sections 46-201—46-215, together with table 1, establish all of the allowed uses within the city, specify in what zoning districts each of those uses are allowed, and establish minimum site area, building height, impervious surface ratio and minimum setbacks applicable to all new development. Uses not listed as permitted or special uses in any given zoning district as enumerated in sections 46-201—46-215 are prohibited uses.

(Ord. No. 1077-2016 , § 8, 6-14-16)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use or building means a use of land or structure customarily incidental and subordinate to the principal use of the land or structure and located on the same parcel as the principal use.

Administrator means the person who has the primary responsibility to administer and enforce this chapter.

Agricultural activity means any farming or forestry operation affecting land or waters, such as site preparation, clearing, fencing, contouring, soil preparation, plowing, planting, harvesting, construction of access roads, extraction of stumps and submerged logs, and placement of bridges and culverts.

Alley means a narrow street dedicated or used for public use upon which service entrances of buildings abut, which is not used as a thoroughfare for general traffic circulation, and is not otherwise officially designated as a street.

Alteration means any change in size, shape, character, occupancy or use of a building.

Arts and crafts establishment means the sales, teaching, practice, production and repair of arts and crafts, provided that such establishments shall be limited to those requiring special artistic skills or manual skills of a handicraft nature, and shall not include those for mass manufacture of identical articles, or those which because of operational characteristics would be inappropriate to the character of an arts and crafts area.

Assembly uses means those uses that involve a group of people gathered for deliberation and legislation, worship or entertainment. These uses include: community center; athletic field; recreation facilities; schools and daycare facilities, places of worship (e.g., churches, mosques, synagogues, temples and accessary uses on the same site such as living quarter for ministers and staff, child day care, and other uses associated with the place of worship); public and semi-public auditoriums; exhibitions halls, civic theaters, meeting halls and facilities for live theatrical presentations or concerts by bands and orchestra; motion picture theaters; amphitheaters; meeting halls for rent and semi-public assembly.

Assisted living facilities means residential care facilities that provide housing, meals, personal care and supportive services to one or more adults who are not relatives of the owner or administrator of the facility for a period exceeding 24 hours. Generally speaking, ALFs provide supervision, assistance with personal and supportive services, and assistance with or administration of medications to elders and disabled adults who require such services. To reside in a standard ALF, a person must meet the standard ALF "residency criteria," which is defined by Florida regulations and by facility policy.

Automobile service station means an establishment used for the retail sale of gasoline and oil, and where greases, batteries, tires and automobile accessories are sold at retail, and where minor mechanical repairs may be accomplished, but excluding body repairs.

Automotive repair means a building or portion thereof used for equipping, servicing, repairing, rebuilding, renting or storing self-propelled motor vehicles. Gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed or retailed.

Automotive, trailer and farm implement sales means the sale or rental of new and used motor vehicles, trailers or farm implements, but not including repair work except incidental warranty repair of vehicles or implements to be displayed and sold on the premises.

Bar and cocktail lounge mean any establishment devoted primarily to the retailing and on-premises drinking of alcoholic beverages.

Boardinghouse, roominghouse, lodginghouse and dormitory mean a building or part thereof, other than a hotel, motel or restaurant, where meals or lodging are provided for compensation for four or more unrelated persons, where no cooking or dining facilities are provided in individual rooms.

Body and paint shop means an establishment used for the reconditioning or repair of the exterior of an automotive vehicle, including painting and body work.

Buffer and buffer strip mean a structure or device, maintained in sound and attractive condition at all times, put in place for the purpose of concealing from view those areas to be screened.

Building means any structure, either temporary or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals or property of any kind. This definition shall include, among other things, tents, mobile homes, vehicles which function as buildings, billboards, utility substations or similar facilities.

Building, principal means a building in which the main or principal use of the lot on which the building is situated is conducted.

Business park district means a land use or zoning district that has been platted, preliminarily platted, or is slated to be subdivided into multiple lots for the location of heavy non-retail commercial activities and light industrial uses that will create numerous jobs. Typical uses include corporate offices, research and development laboratories, light manufacturing plants, assembly and packaging plants, wholesale distribution facilities.

Cemetery means land used or intended to be used for the burial of human dead and dedicated for cemetery purposes, including mausoleums and mortuaries if operated within the boundaries of such cemetery.

Central business district means those nine blocks centered around the courthouse and bounded on the north by Franklin Street, on the east by Duval Street, on the south by Crawford Street, and on the west by Munroe Street, within the city.

Child care center or facility means a business involving the care of five or more children at the same time, either by day or night, which children are not foster children or related by blood or marriage to the operator. The term includes child care centers, kindergartens, nursery schools and similar terms used to identify places where such business is carried on.

Church and place of worship means a building, premises, or a portion of premises, occupied by a religious organization operating primarily for worship and related activities, including temples, synagogues, mosques and similar structures; does not include daycare facilities or public school oriented educational facilities.

Clinic means a place used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons, and those who are in need of medical and surgical attention, but who are not provided with board or room or kept overnight on the premises.

Cluster development means a compact development that allows the developer to:

(1)

Group uses more closely together, decreasing the cost; and

(2)

Increase the amount of open space on a development.

Community center means a building or group of buildings constituting a focal point of educational and recreational activities and serving a whole community.

Community residential home means a dwelling unit licensed to serve clients of the state department of health and rehabilitative services, which provides a living environment for seven to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by support staff as may be necessary to meet the physical, emotional and social needs of the residents.

Conservation district means floodprone areas, wetlands, steeply sloped areas and other areas where the protection of natural resources or environmental quality is needed.

Convenience store means a one-story retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages and gasoline to customers who purchase only relatively few items, in contrast to a supermarket. It is designed to attract and depend upon a large volume of stop-and-go traffic.

Density means a unit of measurement equal to the number of dwellings per acre of land.

(1)

Density, gross means the calculated number of dwellings per acre of the total land to be developed.

(2)

Density, net means the calculated number of dwellings per acre of land when the acreage involved includes only the land devoted to residential uses. This excludes streets, highways, parking lots and other areas of land set aside pursuant to this chapter.

Developer means a person who is responsible for any undertaking that requires a permit of any kind.

Development plan means a scaled, accurate representation of the manner in which land is intended to be used and other materials affecting use of such property, prepared in accordance with the requirements of this chapter.

Development standards means minimum regulations imposed by this chapter which must be met in order to obtain a certificate of occupancy or a building permit for use of land or a structure.

District means an area within which zoning regulations are generally uniform and apply to a stated character of land use.

Dry cleaning means the process of removing dirt, grease, paints and other stains from clothing, fabrics, rugs or other materials by the use of nonaqueous liquids (solvents). It shall include the process of dying clothes or other fabrics or textiles in a solution of dye color and nonaqueous liquid solvents.

Dwelling means any building or portion thereof or enclosed space or area used as or intended for use as the home of one family, with separate cooking and housekeeping facilities, either permanently or temporarily. This shall not include mobile homes or similar housing types.

(1)

Dwelling, single-family means a detached building designed for and occupied by one family as a home.

(2)

Dwelling, two-family means a detached building intended for use by two families only, with separate cooking and housekeeping facilities for each.

(3)

Dwelling, multiple-family means a building designed for or occupied by three or more families, with separate cooking and housekeeping facilities for each.

Easement means a grant by a property owner to use land for a specific purpose by the general public or a corporation.

Family means one or more persons occupying a single dwelling unit using common cooking facilities, provided that, unless all members are related by blood, adoption or marriage, no such family shall contain over five persons.

Floodplain means any land area susceptible to inundation by water from a base flood. The term refers to the areas designated as subject to flooding from a base flood (100-year flood) on the flood boundary and floodway map prepared by the U.S. Department of Housing and Urban Development.

Food processing means the preparation, storage or processing of food products on a large scale. Examples of these activities include wholesale bakeries, dairies, canneries and other similar businesses.

Floor area means the sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior wall or from the centerline of walls separating two buildings, excluding attic areas with a headroom of less than seven feet, unenclosed stairs or fire escapes, elevator structures, cooling towers, areas devoted to air conditioning, ventilating or heating or other building machinery and equipment, parking structures and basement space where the ceiling is not more than an average of 48 inches above the general finished and graded level of the adjacent portion of the lot.

Frontage, building means the outside wall surface or an enclosed porch on a building that is nearest to the front lot line, or, in the case of a wall surface not parallel to the front lot line, the average of the longest and shortest distance of the wall from the front lot line.

Garage, public means a building or part thereof designed or used for indoor or partially indoor (covered) parking of self-propelled private vehicles, operated as a commercial enterprise, as an accessory to a commercial enterprise, or as a governmental service and providing only incidental services for such vehicles as are parked therein.

Group home means a facility with six or fewer residents and deemed a single-family unit. Group homes are allowed in all residential districts, provided that such home is not within 1,000 feet of a similar home and the home is licensed by the state department of health and rehabilitative services. These homes must be placed in suitable locations to ensure that the needs of the persons are met.

Home occupation means any vocation or trade being conducted by a person at his place of residence meeting the requirements set forth in section 46-173.

Hotel means a transient commercial lodging establishment consisting of one or more buildings used only for this purpose, including accessory uses such as eating and drinking facilities, recreation facilities and parking. This category includes motels. Lodging may consist of sleeping rooms only or may include cooking facilities also, but lodging facilities shall not be intended for longterm occupancy.

Impervious surface means the portion of land which is covered by buildings, pavement or other cover through which water cannot penetrate. Any part of the property that is dedicated as public domain does not count for impervious surface.

Impervious surface ratio is calculated as the total impervious surface divided by gross site area.

Junk vehicle means any vehicle, self-propelled or towed, which is unused, unmaintained, or otherwise abandoned for a period of 90 days.

Junkyard means a place, structure or lot where junk, waste, discarded, salvaged or similar materials such as old metals, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc., are bought, sold, exchanged, baled, packed, disassembled or hauled, including auto wrecking yards, used lumber yards, house-wrecking yards, and yards or places for storage or handling of salvaged house-wrecking and structural steel materials. This definition shall not include pawnshops and establishments for the sale, purchase or storage of usable secondhand cars, salvaged machinery, used furniture, radios, stoves, refrigerators or similar household goods and appliances, nor shall it apply to the processing of used, discarded or salvaged materials as part of manufacturing operations.

Kennel, veterinary hospital or clinic means an establishment where more than three dogs, cats or other small domestic animals over six months old are bred, boarded and cared for and sold for a profit or public service.

Light industrial use means those activities that involve the wholesale and warehousing of materials as well the packaging, assembly, processing, manufacturing or fabrication of products that do not in their reconfiguration generate soot, dust, gas, odor, noise, lighting or vibration of the earth to an extent that, when measured from the subject property line, would be considered offensive to adjacent property owners and a pollution of the environment.

Lot means a parcel of land occupied or intended to be occupied by one or more principal buildings and its accessory buildings, with such open spaces and parking spaces as are required by this chapter, and having its frontage upon a street.

(1)

Lot area means the total horizontal area within the lot line of the lot.

(2)

Lot, interior means a lot other than a corner lot.

(3)

Lot depth means the average horizontal distance between the front and rear lot lines, measured at right angles to the street lines.

(4)

Lot width means the average horizontal distance between the side lot lines, measured at right angles to the lot depth, with a minimum to comply with this chapter, to be measured at the front setback line.

(5)

Lot line, front means the lot line separating the lot from the right-of-way of the principal street on which the lot abuts.

(6)

Lot line, rear means the lot line opposite to and most distant from the front lot line.

(7)

Lot line, side means any lot line other than a front or rear lot line. A side lot line of a corner lot, separating a lot from a street, is called a side street lot line. A side lot line separating a lot from another lot is called an interior lot line.

Lot of record means a lot which is a part of a recorded plat or a lot described by metes and bounds, the map or description of which has been recorded according to state law.

Maintenance and storage facilities means land, buildings and structures devoted primarily to the maintenance and storage of construction equipment and material.

Mall and mini-mall mean a roofed or covered common pedestrian area within a covered mall building which serves as access for two or more tenants.

Manufactured or mobile home sales lot means the sale or rental of new and used mobile or manufactured homes, but not including repair work, except incidental warranty repair of homes to be displayed and sold on the premises.

Manufactured or mobile home means a dwelling unit constructed either before July 1, 1976 (mobile home) or after July 1, 1976 (manufactured home) that:

(1)

Is constructed in accordance with the standards set forth by the U.S. Department of Housing and Urban Development;

(2)

Is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the homesite on its own chassis; and

(3)

Exceeds 40 feet in length and ten feet in width.

Manufactured or mobile home park means a residential use in which more than one manufactured or mobile home is located on a single lot.

Manufacturing, heavy means processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, and ready access to regional transportation; and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution and water pollution, but not beyond the district boundary.

Manufacturing, light means manufacturing or other industrial uses which are usually controlled operations; are relatively clean, quiet, and free of objectionable or hazardous elements such as smoke, noise, odor or dust; operate and store within enclosed structures; and generate little industrial traffic and no nuisance.

Modular home means a dwelling unit that:

(1)

Is constructed in accordance with the standards set forth by the state department of community affairs;

(2)

Is composed of components substantially assembled in a manufacturing plant transported to the building site for final assembly on a permanent foundation; and

(3)

Consists of two or more sections transported on a truck and erected or joined together on the site.

Mixed use means a mixture of residential, commercial or industrial uses where those uses are intended to be physically and/ or functionally integrated.

Mixed use district means a district allowing mixed use and specifying the mix of uses in varying proportions.

Nightclub means a restaurant, dining room, bar or other similar establishment providing food or refreshments, wherein floorshows or other forms of entertainment by persons are provided for guests.

Nonconforming lot means a lot existing at the effective date of the ordinance from which this article is derived, and not created for the purpose of evading the restrictions of this chapter, that does not meet the minimum area requirements of the district in which it is located.

Nonconforming use means a situation that occurs when property is used for a purpose or in a manner made unlawful by regulations applicable to the district in which the property is located, i.e., a commercial office building in a residential district. The term also refers to the activity that constitutes the use made of the property.

Nursing home means a home for aged, chronically ill or incurable persons, in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Nursery, plant means materials, land, buildings or structures, or a combination thereof, for storage, cultivation or transplanting of live trees, shrubs or plants offered for retail sale on the premises, including products used for gardening or landscaping.

Open space means an area open to the sky which may be on the same lot with a building. The area may include, along with natural environmental features, nonenclosed swimming pools, tennis courts or any other open recreational facilities. Streets, structures for habitation, and the like shall not be included.

Personal services means any enterprise conducted for gain which primarily offers services to the general public, such as shoe repair, watch repair, barbershops, beauty parlors and similar activities.

Planned unit development (PUD) means a development constructed on a tract under single ownership, planned and developed as an integral unit, and consisting of residential uses, commercial uses or industrial uses, or a combination of any of the three.

Plat means a map, plan or layout of a subdivision indicating the location and boundaries of properties.

Restaurant, conventional means a restaurant where food is served primarily for consumption on the premises in a completely enclosed room, under the roof of the main structure.

Restaurant, drive-in means a restaurant wherein special facilities are available or special provision is made available for food to be consumed by patrons in automobiles, or by patrons who may serve themselves and consume the goods in other than a completely enclosed structure or an interior court on the premises.

Setback means the minimum horizontal distance from a lot line to a building line, as required by this chapter.

Special events means circuses, fairs, carnivals, festivals or other types of special events that:

(1)

Run for longer than one day but not longer than two weeks;

(2)

Are intended to or likely to attract substantial crowds; and

(3)

Are unlike the customary or usual activities generally associated with the property where the special event is to be located.

Special use means a use requiring review by the planning development review board and the city commission. A special use permit authorizes the recipient to make use of property in accordance with the requirements of this chapter as well as any additional requirements imposed by the city commission.

Temporary office space means a building, which may be a mobile home, that is located on a nonresidential construction site or occupied by a person having construction or security responsibilities over such construction site. The building may only remain for three months.

Temporary retail sales means a merchandise sale, such as a fruit stand, which takes place in any nonresidential area. This daily display may not take place in the right-of-way, except in the central business district. For this type of use, the vendor may erect a temporary structure, such as a tent, and must obtain a temporary occupational license.

Temporary structure means a structure used for temporary retail sales. These structures must pass an inspection by the building inspector.

Tower means any structure whose principal function is to support an antenna.

Townhouse means a single-family dwelling constructed in a series or group of attached units with property lines separating each unit.

Tract. The term "tract" is used interchangeably with the term "lot," particularly in the context of subdivisions, where one tract is subdivided into several lots.

Travel trailer park means a development for the accommodation of tourists on a shortterm basis, providing rental spaces for each individual trailer, camper, motor home, etc., and recreation and service facilities for the use of the tenants.

Use means the activity or function that actually takes place or is intended to take place on a lot.

Use, principal means a use allowed as a primary use according to this chapter.

Utility facilities means any aboveground structures or facilities other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities, owned by a governmental entity, a nonprofit organization, a corporation or any entity defined as a public utility and used in connection with the production, generation, transmission, delivery, collection or storage of water, sewage, electricity, gas, oil or electronic signal. Excepted from this definition are utility lines and supporting structures.

Variance means a grant of permission by the planning and development review board that authorizes the recipient to do that which, according to the strict letter of this chapter, could not otherwise legally be done.

Wholesale business means on-premises sales of goods primarily to customers engaged in the business of reselling goods.

Yard means a space on the same lot with the main building, with such space being open, unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.

Yard, front means an open, unoccupied space on the same lot with the main building extending the full width of the land and situated between the right-of-way line and the front line of the building projected to the side line of the lot. The depth of the front yard shall be measured between the front line of the building and the right-of-way line. Covered porches, whether enclosed or unenclosed, shall not project into the required front yard.

Yard, rear means an open space on the same lot with the main building, with such space being unoccupied except possibly by an accessory building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the main building projected to the side lines of the lot.

Yard sale means a merchandise sale which is permitted in residential areas or nonresidential areas. The sale area is not permitted in the right-of-way. In addition, this activity is only allowed for a maximum of 72 hours a month.

Yard, side means an open, unoccupied space on the same lot with a main building, situated between the side line of the building and the adjacent side line of the lot extending from the rear line of the front yard to the front line of the rear yard. If no front yard is required, the boundary of the side yard shall be the rear line of the lot. On corner lots, the side yard shall be considered as parallel to the street upon which the lot has its greatest dimensions.

(Ord. No. 789, art. II, § 2, 8-11-92; Ord. No. 853, § 2, 9-10-96; Ord. No. 1011, 2-26-08; Ord. No. 1028, § 1, 1-26-10; Ord. No. 1077-2016 , § 3, 6-14-16)

Cross reference— Definitions and rules of construction generally, § 1-2.

The city is divided into 16 districts and one sub-district of specific types of land use. This article covers the types of uses allowed and prohibited in the various districts, as well as any special regulations concerning uses within these districts. This article also covers the requirements for special uses, home occupations and planned unit developments.

(Ord. No. 789, art. II, § 1, 8-11-92; Ord. No. 1077-2016 , § 4, 6-14-16)

In interpreting and applying the provisions of this article, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community. It is not intended by this article to interfere with, abrogate or annul any easement, covenant or other agreement between parties; provided, however, that, where this article imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces, than are imposed or required by other rules or regulations, or by easements, covenants or agreements, or by other provisions of this Code, then this article shall control. If, because of error or omission in the zoning map, any property in the city is not shown as being in a zoning district, the classification of such property shall be R-1 single-family, unless changed by amendment to this article.

(Ord. No. 789, art. II, § 16, 8-11-92)

(a)

In order to classify, regulate and restrict the location, erection, construction, reconstruction, alteration and use of land and buildings, the height, number of stories and bulk of buildings, the area of yards and other open spaces about buildings, and the intensity of land use, the city is divided into 16 districts and one sub-district, to be known as follows:

(b)

The boundaries of the districts shown upon the map adopted by this article are hereby adopted and approved, and the regulations of this chapter are hereby established and declared to be in effect upon all land and structures included within the boundaries of each district shown upon the map.

(c)

Purpose and intent of zoning districts. The purpose and intent of establishing zoning districts is to ensure that all development is consistent with the goals, objectives and policies of the comprehensive plan, by establishing a series of zoning districts that indicate what uses are allowed and site development regulations that control the use of land in each district. All development within each zoning district shall be consistent with the purposes stated for each district.

(Ord. No. 789, art. II, § 3, 8-11-92; Ord. No. 1077-2016 , § 5, 6-14-16)

(a)

The boundaries of the districts established by this article are hereby established as shown upon a map, which is made a part of this article by reference, such map being further identified as "A Map of the City of Quincy, 1992," and on which map there is endorsed the words "Revised and Approved as Revised, September 1, 1992," with the signatures of the members of the city commission appearing under the endorsement, and as may be revised from time.

(b)

In the creation of the respective districts and in the making of regulations with respect thereto, the city commission has given due consideration to the character of and peculiar suitability of each and every district for the particular uses and regulations applied thereto, and the necessary, proper and comprehensive groupings and arrangements of the various uses and densities of population, in accordance with the adopted comprehensive plan for the development of the city.

(Ord. No. 789, art. II, § 4, 8-11-92; Ord. No. 1077-2016 , § 6, 6-14-16)

Rules for use of the zoning map are as follows:

(1)

Where such district boundaries are indicated as approximately following section or quarter section lines, street lines, alley lines or lot lines, such lines shall be construed to be such boundaries.

(2)

In unsubdivided property, or where a district boundary divides a lot, the location of such boundary, unless the boundary is indicated by dimensions, shall be determined by use of the scale appearing on the map.

(3)

Where a district boundary divides the area of a lot unequally, the district classification and regulations of the larger portion shall apply to the remaining smaller portion of the lot.

(4)

Where any public street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

(5)

In case any further uncertainty exists, the city commission shall interpret the intent of the map as to the location of such boundaries.

(Ord. No. 789, art. II, § 5, 8-11-92)

Upon the extension of city boundaries, public hearings shall be held to determine the zoning of the new area.

(Ord. No. 789, art. II, § 17, 8-11-92)

(a)

No building shall be erected, reconstructed or structurally altered, nor shall any building or land be used, which does not comply with all the regulations established by this chapter for the district in which the building or land is located.

(b)

No building shall be erected, reconstructed or structurally altered to exceed the height or bulk limits established for the district in which such building is located.

(c)

The minimum yards and other open spaces, including the intensity of use provisions, contained in this chapter, for every building existing at the time of passage of the ordinance from which this chapter is derived, or for any building hereafter erected or structurally altered, shall not be encroached upon or considered as yard or open space for any other building.

(d)

No lot, yard, setback, clearance, parking area or other space shall be reduced in area or dimension so as to make the area or dimension less than the minimum required by this chapter, except as provided in section 46-11, pertaining to governmental right-of-way takings, and, if already less than the minimum required by this chapter for a new building or use, such area or dimension shall not be further reduced.

(e)

Every residential building hereafter erected shall be located on a lot, and in no case shall there be more than one main building and the customary accessory buildings on one lot, except where otherwise allowed in this chapter.

(f)

Where a lot or parcel of land has an area and width of less than the minimum required by this section and was so recorded in the office of the clerk of the circuit court of the county at the time of the passage of the ordinance from which this chapter is derived, the lot may be occupied by a single-family dwelling; provided, however, that the minimum side and front yard requirements set out in this article are conformed with.

(Ord. No. 789, art. II, § 6, 8-11-92)

The uses of all buildings and property publicly owned and used in the performance of a public function may be permitted in any district; provided, however, that such use is not obnoxious or detrimental to the health or welfare of the city or its inhabitants. The placement of all city buildings and facilities must be approved by the city commission.

(Ord. No. 789, art. II, § 7, 8-11-92)

(a)

Continuance generally. The lawful use of a building or land existing on September 1, 1992, may be continued, although such use does not conform to the provisions of this chapter, provided that:

(1)

A nonconforming building use may be extended throughout the building, provided no structural alterations, except those required by law or ordered by an authorized officer to ensure the safety of the building, are made therein. No such use shall be extended to occupy any land outside such building.

(2)

A nonconforming use of land shall not be enlarged or increased to occupy a greater area of land than that occupied by such use at the time of passage of the ordinance from which this chapter is derived.

If such nonconforming building is removed, or the nonconforming use of such building or land is discontinued for a continuous period of not less than 180 days, every future use of such premises shall be in conformity with the provisions of this chapter.

(b)

Restoration of buildings. Nothing in this chapter shall be taken to prevent the restoration of a building destroyed to the extent of not more than 75 percent of its appraised value by fire, explosion or other casualty, or the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction.

(Ord. No. 789, art. II, § 14, 8-11-92)

(a)

In any district in which a single-family dwelling is permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record in the public records of the county on September 1, 1992. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This subsection shall apply even though such lot fails to meet the requirements for area and width that are applicable to the district, provided that yard dimensions and other requirements not involving area or width of lot shall conform to the regulations of the district in which such lot is located.

(b)

If two or more lots of continuous frontage in single ownership are of record in the public records of the county on September 1, 1992, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no division of the parcel shall be made which leaves any remaining lot with width or area below the requirements stated in this chapter.

(Ord. No. 789, art. II, § 15, 8-11-92)

(a)

Generally. No building, lot or structure to be occupied for one or more of the purposes listed in this section shall hereafter be used or erected, nor shall an existing building, structure, lot or premises, not previously used for such listed uses, hereafter be altered or converted to any such use, or altered or converted from one to another of the listed uses, except by special permission of the city commission after review by the planning and development review board and a public hearing, with such public hearing to be held only after notice of such hearing has been published once in a newspaper of general circulation in the city, the publication being not less than 15 days prior to the hearing. Any uses that pose a potential hazard to the health, safety and welfare of the citizens of the city shall be a special use.

(b)

Enumeration. Special uses are only allowed in the zoning districts indicated below and are otherwise to be regarded as prohibited uses:

(1)

Manufacture of:

a.

Ammonia, chlorine or bleaching powder - (M-1).

b.

Explosives - (M-1) and (BP).

c.

Fertilizer - (M-1).

d.

Glue, size and gelatin - (M-1).

e.

Oil cloth or linoleum - (M-1).

f.

Paint, oil, varnish or turpentine - (M-1).

g.

Pyroxylin - (M-1).

h.

Soap - (M-1).

i.

Starch, glucose or dextrin - (M-1).

j.

Sulphurous, sulfuric, nitric or hydrochloric acid - (M-1).

k.

Tallow, grease or lard - (M-1).

l.

Tar roofing or tar waterproofing - (M-1).

(2)

Correctional institutions, including any type of jails, prisons or other such facilities for the detention or incarceration of individuals - (C-2) and GOVT.

(3)

Crematories - (M-1).

(4)

Child care centers - (R-1; R-2; R-3; LC-1; C-1, and C-2).

(5)

Explosives sales or storage - (C-2).

(6)

Lumberyards - (M-1) and (C-2).

(7)

Migrant labor camps or dwelling units - (R-3).

(8)

Petroleum refining or storage - (M-1) and (BP).

(9)

Rawhides or skins storage, curing or tanning - (M-1).

(10)

Saw or planing mill - (M-1).

(11)

Stockyards and slaughtering of animals - (M-1).

(12)

Storage of iron or steel junk, wreckage of motor-driven vehicles, or wreckage of automobiles or automobile trucks - (M-1).

(13)

Distillation of coal, wood, bones or tar - (M-1).

(14)

Chemical and allied products storage and distribution - (M-1) and (BP).

(15)

Townhouses in the residential (R-1) district.

(16)

Boardinghouses, lodginghouses and roominghomes, or dormitories - (R-3).

(17)

Utility facilities.

(18)

Clustered developments in all districts provided overall unit density does not exceed district requirements.

(19)

Community residential homes with seven to 14 residents - (R-3).

(20)

A residential density 50 percent greater than allowed by district regulations.

(21)

Multifamily residences in the general commercial district and in historic structures - (CBD).

(22)

Adaptive reuse of historic, commercial and residential structures.

(23)

Hotels and motels in the light commercial district.

(24)

Chimneys, water tanks or towers, stacks, ornamental towers or spires (e.g., church steeples), broadcasting towers and monuments exceeding height limitations for the district in which they are located.

(25)

Planned unit developments - (PUD).

(26)

Dry cleaning establishments - (C-2).

(27)

Funeral homes in light commercial (LC-1) district.

(28)

Community centers - (C-2).

(c)

Criteria for approval. The special permission required by this section shall be granted by the city commission only after it has determined that:

(1)

The use is consistent with the adopted comprehensive plan for the physical development of the city.

(2)

The use shall not be contrary to the purpose of this chapter.

(3)

The use will not adversely affect the health and safety of the residents and workers of the city.

(4)

The use will not be detrimental to adjacent property.

(5)

The use will not be affected adversely by the existing use of adjacent property.

(6)

The use will be on a lot of sufficient size.

(7)

The use will be adequately served by public utilities.

(8)

The use will not constitute a nuisance or hazard.

(9)

All standards and provisions set forth for each particular use for which a permit may be granted will be met.

(d)

Development plan. In order to ensure the satisfactory development of uses requiring special permission, a development plan will be required. The developer may request conceptual approval of the project before the plan is prepared; however, final approval is contingent upon submission of an acceptable plan. The plan shall include the following when determined applicable by the administrator:

(1)

A plot plan drawn to scale.

(2)

A development plan to a scale of not less than one inch equals 200 feet, showing the following:

a.

Location of wooded areas and existing or proposed water bodies.

b.

Existing public streets, easements or other reservations of land within the proposed site.

c.

The approximate location of all existing structures on the site, as well as those on adjacent properties within 100 feet of the outside boundary of the site.

d.

The use and approximate dimensions and locations of all proposed buildings and other structures.

e.

All existing and proposed means of vehicular access to and from the site, and the location and width of proposed streets, walkways and off-street parking facilities.

f.

Proposed fencing, screening, other buffering methods and landscaping.

(3)

A complete stormwater management system meeting the requirements of chapter 17.25 of the rules of the state department of environmental regulation.

(4)

Any other reasonable information which may be required from time to time by the administrator, the planning and development review board or the city commission which is commensurate with the intent and purpose of this chapter.

(e)

Conditions. The city commission, as a condition of or as a prerequisite to the granting of the special permission, may impose or require such additional restrictions and standards as may be necessary to protect the health and welfare of the community and its residents, provided however, in any and all events:

(1)

The use shall be subject to the minimum area, setback and other locational requirements of the zoning district for which it is permitted, unless exempted by the operation of another section of this chapter.

(2)

The city commission shall have the authority to rescind and revoke the permit if the provisions and restrictions stated are not met.

(3)

The use shall be subject to off-street parking and service requirements.

(4)

Approval granted shall become null and void if work is not substantially underway within six months after date of approval.

(Ord. No. 789, art. II, § 8, 8-11-92; Ord. No. 833, § 1, 6-27-95; Ord. No. 851, § 2, 8-13-96; Ord. No. 853, § 1, 9-10-96; Ord. No. 1011, 2-26-08; Ord. No. 1077-2016 , § 7, 6-14-16)

(a)

A home occupation is any vocation or trade being conducted by a person at his place of residence meeting the following criteria:

(1)

There is no alteration in the residential character of the premises;

(2)

No merchandise or articles shall be displayed for advertising purposes;

(3)

The premises shall not be used as a warehouse for merchandise or articles;

(4)

Only one sign, no bigger than one square foot in area, is allowed; and

(5)

No objectionable noise, fumes, odor, dust or electrical interference is generated.

(b)

Home occupations are allowed only after they have been reviewed and approved. They can be reviewed as either a minor development (using 25 percent or less of the total gross floor area) or a major development (using more than 25 percent of gross floor area). Home occupations that do not meet the criteria set out in this section are not allowed.

(Ord. No. 789, art. II, § 9, 8-11-92)

(a)

Uses permitted. Uses permitted in the CN district are as follows:

(1)

Single-family dwellings (must be built to meet floodproofing standards).

(2)

Accessory buildings and uses incidental to each single-family dwelling, when placed upon the same lot or parcel of land and not used or operated commercially.

(3)

Resource-based passive recreational uses.

(b)

Building height, site area and yards. For building height limits, site area, and front yard, side yard and rear yard requirements, see table 1 following this division.

(c)

Transfer of development rights. On sites containing both floodprone and wetland areas and nonfloodprone or nonwetland areas, the development rights for the wet areas may be transferred to the upland areas. See appendix A to Ordinance No. 789, Transfer of Development Rights, which is available for inspection at the offices of the city.

(d)

Impervious surface ratio. Maximum impervious surface ratio is 50 percent.

(e)

Use of public lands. Public-owned lands in the conservation district may only be used for resource-based passive recreation and open space.

(f)

Uses prohibited. Any use not listed as permitted or special use.

(Ord. No. 789, art. II, § 10(A), 8-11-92; Ord. No. 1077-2016 , § 8, 6-14-16)

(a)

Uses permitted. Uses permitted in the AG district are as follows:

(1)

Uses permitted in the CN district.

(2)

Agricultural activities.

(b)

Building height, site area and yards. For building height limits, site area, and front yard, side yard and rear yard requirements, see table 1 following this division.

(c)

Impervious surface ratio. Maximum impervious surface ratio is 50 percent.

(d)

Uses prohibited. Any use not listed as permitted or special use.

(Ord. No. 789, art. II, § 10(B), 8-11-92; Ord. No. 1077-2016 , § 8, 6-14-16)

(a)

Uses permitted. Uses permitted in the R-LT district are as follows:

(1)

Uses permitted in the CN district.

(2)

Churches, including educational buildings.

(3)

Playgrounds and recreation facilities under the supervision of the city.

(b)

Building height, site area and yards. For building height limits, site area, and front yard, side yard and rear yard requirements, see table 1 following this division.

(c)

Impervious surface ratio. Maximum impervious surface ratio is 50 percent.

(d)

Uses prohibited. Any use not listed as permitted or special use.

(Ord. No. 789, art. II, § 10(C), 8-11-92; Ord. No. 1077-2016 , § 8, 6-14-16)

(a)

Uses permitted. Uses permitted in the R-1A district are as follows: any uses permitted in the R-LT district.

(b)

Building height, site area and yards. For building height limits, site area, and front yard, side yard and rear yard requirements, see table 1 following this division.

(c)

Impervious surface ratio. Maximum impervious surface ratio is 50 percent.

(d)

Uses prohibited. Any use not listed as permitted or special use.

(Ord. No. 789, art. II, § 10(D), 8-11-92; Ord. No. 1077-2016 , § 8, 6-14-16)

(a)

Uses permitted. Uses permitted in the R-1 district are as follows: any uses permitted in the R-LT district.

(b)

Building height, site area and yards. For building height limits, site area, and front yard, side yard and rear yard requirements, see table 1 following this division.

(c)

Impervious surface ratio. Maximum impervious surface ratio is 50 percent.

(d)

Uses prohibited. Any use not listed as permitted or special use.

(Ord. No. 789, art. II, § 10(E), 8-11-92; Ord. No. 1077-2016 , § 8, 6-14-16)

(a)

Uses permitted. Uses permitted in the R-2 district are as follows:

(1)

Any use permitted in the R-LT district.

(2)

Two-family dwellings (duplexes).

(3)

Townhouses (see table 1, following this division, for limitations).

(b)

Building height, site area and yards. For building height limits, site area, and front yard, side yard and rear yard requirements, see table 1 following this division.

(c)

Impervious surface ratio. Maximum impervious surface ratio is 50 percent.

(d)

Uses prohibited. Any use not listed as permitted or special use.

(Ord. No. 789, art. II, § 10(F), 8-11-92; Ord. No. 1077-2016 , § 8, 6-14-16)

(a)

Uses permitted. Uses permitted in the R-3 district are as follows:

(1)

Any use permitted in the R-2 district.

(2)

Multiple-family dwellings.

(3)

Assisted living facilities and community residential homes.

(4)

Mobile or manufactured home parks.

(5)

Travel trailer parks.

(b)

Building height, site area and yards. For building height limits, site area, and front yard, side yard and rear yard requirements, see table 1 following this division.

(c)

Impervious surface ratio. Maximum impervious surface ratio is 50 percent.

(d)

Landscaping. All development and redevelopment in this district shall include a landscaping and buffer plan with sufficient details to determine consistency with the code.

(e)

Uses prohibited. Any use not listed as permitted or special use.

(Ord. No. 789, art. II, § 10(G), 8-11-92; Ord. No. 1077-2016 , § 8, 6-14-16)

(a)

Uses permitted. Uses permitted in the LC-1 district are as follows:

(1)

Any use permitted in the R-2 district.

(2)

Arts and crafts establishments.

(3)

Professional offices: medical, dental, legal, accounting, engineering, planning, architectural or surveying.

(4)

Studios for music, art, dance, drama, voice, photography and interior design.

(5)

Florists.

(6)

Nursing and rest homes and assisted living facilities.

(7)

Barbershops and beauty shops.

(8)

Antique stores in a completely enclosed structure with no outside storage.

(9)

Pharmacies.

(10)

Business offices, excluding the display or storage of merchandise.

(11)

Schools, colleges and universities.

(12)

Conventional restaurants.

(13)

Funeral homes as a special use.

(14)

Convenience stores.

(15)

Drive-in or drive-through restaurants.

(16)

Medical marijuana treatment center dispensaries permitted pursuant to F.S. § 381.986.

(b)

Impervious surface ratio. Maximum impervious surface ratio is 60 percent.

(c)

Building site area. For building site area, see table 1 following this division. In no case shall a single- or two-family dwelling be erected on a site which provides an area less per family than is required under the minimum area provisions stipulated for the R-2 district.

(d)

Front and side yards. For nonresidential uses, setbacks are as required by the fire code. For residential uses, the provisions pertinent to the R-2 district shall govern.

(e)

Building height. For building height limits, see table 1 following this division.

(f)

Landscaping. All development and redevelopment in this district shall include a landscaping and buffer plan with sufficient details to determine consistency with the code.

(g)

Uses prohibited. Any use not listed as permitted or special use.

(Ord. No. 789, art. II, § 10(H), 8-11-92; Ord. No. 851, § 1, 8-13-96; Ord. No. 882, § 1, 2-10-97; Ord. No. 1077-2016 , § 8, 6-14-16; Ord. No. 1098-2018 , § 3, 7-24-18)

(a)

Uses permitted. Uses permitted in the C-1 district are as follows:

(1)

Any nonresidential use permitted in the LC-1 district.

(2)

Trade and personal service establishments, except no automobile service stations or automobile sales lots will be permitted in those blocks adjoining or within one block of the courthouse square.

(3)

Automobile, trailer and farm implement sales lots for products that are in condition mechanically for immediate operation, but excluding the storage of wrecked or partially dismantled cars.

(4)

Commercial amusements, including ballrooms, theaters, commercial games and sports.

(5)

Retail stores, excluding lumberyards, junk dealers or any business where the materials sold are not housed within a building.

(6)

Hotels and motels.

(7)

Automobile service stations.

(8)

Garages, but excluding the storage of wrecked or partially dismantled cars.

(9)

Funeral homes.

(10)

Veterinary hospitals, kennels or clinics.

(11)

Maintenance and storage facilities.

(12)

Miniwarehouses.

(13)

Malls and mini-malls.

(14)

Nightclubs, bars and cocktail lounges. The location must meet the requirements of section 6-1.

(15)

Temporary office spaces.

(16)

Special events.

(b)

Impervious surface ratio. Maximum impervious surface ratio is 70 percent, or 100 percent for the central business district.

(c)

Site area and building height. For building site area and building height limits, see table 1 following this division.

(d)

Front and side yards. For nonresidential uses, front and side yard setbacks are as required by the fire code.

(e)

Landscaping. All development and redevelopment in this district shall include a landscaping and buffer plan with sufficient details to determine consistency with the code.

(f)

Uses prohibited. Any use not listed as permitted or special use.

(g)

Central business sub-district.

(1)

This district is represented by the nine blocks centered around the courthouse and bounded on the north by Franklin Street, on the east by Duval Street, on the south by Crawford Street, and on the west by Munroe Street, within the city.

(2)

This district is currently zoned C-1 on the zoning atlas and allows a mixture of residential and non-residential uses.

(3)

Assembly uses as defined by the city's code (see section 46-161) shall not exceed 15 percent of the total land area of the central business sub-district.

(4)

Any proposal to develop or otherwise establish a new assembly use on a vacant site in the central business sub-district or in an existing building in the central business sub-district must be supported by a demonstration that the proposed use will not cause the total area in assembly uses in the sub-district to exceed 15 percent.

(5)

Areas in assembly use on the date of the passage of the ordinance from which this chapter derives shall continue as such, but if discontinued for more than 180 days, the location shall be reassessed to ensure that the resumption of that use will not cause the total percentage of the area in assembly use to exceed 15 percent.

(6)

Residential density is up to 25 units per acre.

(7)

Mixed use structures are allowed in this district with commercial on the ground floor and residential on the upper floors.

(8)

Building standards for the central business district are as follows:

a.

Residential. For a standalone residential structure the building standards for R-3 zoning under article III, table 1, applies. For multiuse structures the standards for commercial development stated below and in table 1 applies.

b.

Commercial. The following outlines commercial building standards:

c.

Minimum site area: None.

d.

Building height: Four stories plus unique architectural details.

e.

Impervious surface: 100 percent.

f.

Minimum setback: None. Setbacks may be required because of the fire code. Building setbacks shall be measured from the overhang.

g.

Off-street parking: None.

(Ord. No. 789, art. II, § 10(I), 8-11-92; Ord. No. 882, § 2, 2-10-97; Ord. No. 1077-2016 , § 8, 6-14-16)

(a)

Uses permitted. Uses permitted in the C-2 district are as follows:

(1)

Any use permitted in the C-1 district.

(2)

Any business or establishment for wholesale distribution.

(3)

Light manufacturing.

(4)

Lumber and building materials storage yards.

(5)

Industries not obnoxious to the community by the emission of odors, dust, smoke or fumes.

(6)

Plant nurseries.

(7)

Body and paint shops.

(8)

Food processing.

(b)

Impervious surface ratio. Maximum impervious surface ratio is 80 percent.

(c)

Front and side yards. Front and side yards shall be as required by the fire code.

(d)

Buildings site area and building height. For building site area and building height limits, see table 1 following this division.

(e)

Landscaping. All development and redevelopment in this district shall include a landscaping and buffer plan with sufficient details to determine consistency with the code.

(f)

Uses prohibited. Any use not listed as permitted or special use.

(Ord. No. 789, art. II, § 10(J), 8-11-92; Ord. No. 1077-2016 , § 8, 6-14-16)

(a)

Uses permitted. Uses permitted in the M-1 district are as follows:

Any use permitted in the C-2 district.

(1)

Any heavy manufacturing that is not obnoxious to the community because of emission of odors, dust, smoke or fumes, excluding those industries listed as special uses or industries that because of other potentially negative impacts are determined by the administrator to require more extensive review.

(2)

Junkyards.

(3)

Dry dying establishments.

(b)

The following uses are allowed but shall undergo special use review:

Manufacture of, and the location of the following activities:

(1)

Ammonia, chlorine or bleaching powder.

(2)

Explosives.

(3)

Fertilizer.

(4)

Glue, size and gelatin.

(5)

Oil cloth or linoleum.

(6)

Paint, oil, varnish or turpentine.

(7)

Pyroxylin.

(8)

Soap.

(9)

Starch, glucose or dextrine.

(10)

Sulphurous, sulfuric, nitric or hydrochloric acid.

(11)

Tallow, grease or lard.

(12)

Tar roofing or tar waterproofing.

(13)

Petroleum refining or storage.

(14)

Rawhides or skins storage, curing or tanning.

(15)

Saw or planing mill.

(16)

Stockyards and slaughtering of animals.

(17)

Storage of iron or steel junk, wreckage of motor-driven vehicles, or wreckage of automobiles or automobile trucks.

(18)

Distillation of coal, wood, bones or tar.

(19)

Chemical and allied products storage and distribution.

(20)

Crematories.

(c)

Impervious surface ratio. Maximum impervious surface ratio is 80 percent.

(d)

Front and side yards. Front and side yards shall be as required by the fire code.

(e)

Building site area and building height. For building site area and building height limits, see table 1 following this division.

(e)

Landscaping. All development and redevelopment in this district shall include a landscaping and buffer plan with sufficient details to determine consistency with the code.

(f)

Uses prohibited. Any use not listed as permitted or special use.

(Ord. No. 789, art. II, § 10(K), 8-11-92; Ord. No. 833, § 2, 6-27-95; Ord. No. 1077-2016 , § 8, 6-14-16)

(a)

The purpose of this district is to promote the mixing of residential, commercial and industrial uses in varying proportions in order to create a high quality development where people can live and work.

The mixing of uses is optional, but when pursued the relative proportion of mix in the development is intended to be:

Residential 50 percent.

Commercial 25 percent.

Light industrial 20 percent.

Other uses 5 percent.

Uses permitted are:

Residential: Density is up to 15 units per acre; and

Non-residential: Non-residential intensity is 0.5 floor area ratio.

The following range of non-residential uses are permitted in the mixed use district:

Arts and crafts establishments.

Professional offices: medical, dental, legal, accounting, engineering, planning, architectural or surveying.

Studios for music, art, dance, drama, voice, photography and interior design.

Florists.

Nursing and rest homes and assisted living facilities of 16 units of more.

Barbershops and beauty shops.

Antique stores in a completely enclosed structure with no outside storage.

Pharmacies.

Business offices, excluding the display or storage of merchandise.

Schools, colleges and universities.

Convenience stores.

Drive-in or drive-through restaurants.

Product assembly and packaging facilities and any similar uses not exceeding 20,000 square feet.

(b)

Building site area. For building site area, see table 1 following this division. In no case shall a single- or two-family dwelling be erected on a site which provides an area less per family than is required under the minimum area provisions stipulated for the R-2 district.

(c)

Front and side yards. For nonresidential uses, setbacks are as required by the fire code. For residential uses, depending on density, the provisions pertinent to the R-1, and R-2 districts shall govern.

(d)

Building height. For building height limits, see table 1 following this division.

(e)

Landscaping. All development and redevelopment in this district shall include a landscaping and buffer plan with sufficient details to determine consistent with the code.

(f)

Uses prohibited. Any use not listed as permitted or special use.

(Ord. No. 1077-2016 , § 9, 6-14-16)

(a)

Planned unit development is described in division 5 of the Code.

(b)

Permitted uses are based on the plan of development and are limited to the type of uses allowed in the respective zoning districts of the city.

(c)

The purpose of this district is to promote the development of communities that are based on flexible and innovative design standards that:

(1)

Encourage the enhancement and preservation of lands.

(2)

Provide for more efficient and flexible use of land that promotes more open space.

(3)

Promote a coordinated development of the site, utilizing the natural features of the land, and providing for connected pedestrian and vehicular circulation and the integration of the uses in the development with adjacent land uses.

(4)

Allows a variety of housing types: single family detached, duplexes, multiple unit dwellings, town homes; etc., that will enable various income groups to reside in the same community.

(5)

Allow a mixture of land uses.

(d)

No minimum project size is required; however, a proposed PUD has to involve a single parcel or contiguous parcels under single ownership and a development proposal that consists of a variety of residential types; or a combination of residential and nonresidential uses.

(e)

Density standard. Density depends on the proposed plan of development and at a minimum has to be consistent with the standards of R-1, R-2, or R-3.

(f)

Landscaping. All development and redevelopment in this district shall include a landscaping and buffer plan with sufficient details to determine consistency with the code.

(g)

Uses prohibited. Any use not listed as permitted or special use.

(Ord. No. 1077-2016 , § 9, 6-14-16)

(a)

Uses permitted in this district are:

(1)

Corporate offices.

(2)

Research and development laboratories.

(3)

Light manufacturing facilities.

(4)

Product assembly and packaging facilities.

(5)

Wholesale distribution facilities.

(6)

Any use allowed by special use (see Section 46-172).

(b)

Impervious surface ratio. Maximum impervious surface ratio is 80 percent.

(c)

Front and side yards. Front and side yards shall be as required by the fire code.

(d)

Buildings site area and building height. For building site area and building height limits, see table 1 following this division.

(e)

Landscaping. All development and redevelopment in this district shall include a landscaping and buffer plan with sufficient details to determine consistent with the code.

(f)

Uses prohibited. Assembly use (see section 46-161) and any use not listed as permitted or special use.

(Ord. No. 1077-2016 , § 9, 6-14-16)

(a)

Uses permitted. Uses permitted in the GOVT district are as follows:

(1)

Public buildings and grounds.

(2)

Recreation facilities.

(3)

Public schools.

(b)

Impervious surface ratio. Maximum impervious surface ratio is 60 percent.

(c)

Front and side yards. Front and side yards shall be as required by the fire code.

(d)

Buildings site area and building height. For building site area and building height limits, see table 1 following this division.

(f)

Landscaping. All development and redevelopment in this district shall include a landscaping and buffer plan with sufficient details to determine consistency with the code.

(g)

Uses prohibited. Any use not listed as permitted or special use including assembly use as defined by the Quincy Code of Ordinances (see section 46-161).

(Ord. No. 1077-2016 , § 9, 6-14-16)

TABLE 1. REQUIREMENTS FOR ZONING DISTRICTS
Requirements for each Residential Zoning District

 *There is no height limitation for this zone except within 100 feet of the property line, and then the height limitation is the same as the adjoining district.

**In case of development within an existing residential area, the building's front setback line will not be closer to the front property line than that of the closest structures within 100 feet on the same side of the street.

Requirements for each Commercial and Mixed Use Zoning District

*Setback may be required because of fire code. Buildings are measured from overhang.

(Ord. No. 789, art. II, table II-1, 8-11-92; Ord. No. 1077-2016 , § 10, 6-14-16)

The following qualify or supplement the district regulations appearing elsewhere in this chapter:

(1)

Building height standards will be supplemented in one of three ways:

a.

Chimneys, water tanks or towers, stacks, ornamental towers or spires (e.g., church steeples), broadcasting towers and monuments exceeding height limitations for the district in which they are located will be considered a special use.

b.

Cupolas, domes, false mansards, parapet walls and similar structures and architectural designs, as well as mechanical appurtenances, will be allowed to add the height equivalent of one extra floor to the total allowed height.

c.

Radio towers, chimneys and satellite dishes are exempt in residential districts.

(2)

All setback requirements shall be waived where dwellings are erected above stores or shops.

(3)

If the roof overhang of a building projects 24 inches or more, then the building setback will be measured from the overhang.

(4)

No buildings or accessory buildings, except driveways, may be placed in the setback area.

(5)

Building setback requirements in residential areas will be supplemented in the following way: In the case of development within a sound residential neighborhood, the building's front setback line will not be closer to the front property line than that of the closest structures within 100 feet on the same side of the street.

(Ord. No. 789, art. II, § 11.01, 8-11-92)

No person shall keep or use any livestock in those areas zoned as residential in the city, nor shall any person, on any premises in the city, in such areas which he owns or over which he exercises control, permit any livestock to be kept or used:

(1)

Where the keeping or use of such livestock destroys or materially impairs the comfort of owners or occupants of adjacent premises; or

(2)

Where the keeping or use of such livestock impairs the value of adjacent premises.

(Ord. No. 789, art. II, § 11.02, 8-11-92)

(a)

Definitions.

(1)

Flea market means a permanent ongoing merchandise sale which takes place in a nonresidential area. The display shall not be located in the right-of-way. For this type of use, the vendor may erect a temporary structure and must obtain a permit.

(2)

A "vending booth" is a temporary wheeled cart-mounted food or retail establishment located on public property, or a permanent structure constructed by the City of Quincy at location designated by the city commission. A vending booth cannot be propelled by an internal combustion engine, electric motor or other similar mechanical device. A vending booth, except a permanent structure constructed by the City of Quincy, must be capable of being moved from place to place, but may be stationary during the business day. Examples of vending booths are, but are not limited to, the following: coffee/cappuccino stands; stands selling muffins, bagels and other bakery items; ice cream carts; snow cone and Italian ice carts; fast-food carts; souvenirs carts; clothing and newsstands.

(3)

A "mobile food dispensing vehicle" is a vehicle-mounted public food service establishment that is self-propelled or is otherwise movable from place to place and which may be operated only by obtaining a license from the department of business and professional regulation, division of hotels and restaurants, or successor agency, under Rule 61C-4.0161, FAC, or successor rule, or by the department of agriculture and consumer services, division of food safety, or successor agency, under chapter 5K-4, FAC, or successor rule.

(4)

A "mobile food vendor" is a natural person or business entity, that sells immediately consumable food products and non-alcoholic beverage items from a "mobile food dispensing vehicle" at a fixed location on private property.

(5)

A "mobile vendor" is a natural person or business entity, that sells non-perishable items, such as the following but not limited thereto, souvenirs, clothing, hardware, electronics, etc., from a non-permanent cart, trailer, or vehicle (a "mobile vending conveyance") at a fixed location on private property. For purposes of this article fruit and vegetable vendors are defined as a mobile vendor."

(6)

A "semi-permanent vendor" is a natural person or a business entity that sells from a mobile food dispensing vehicle, however, the conveyance is attached to a city utility pole from which it can unplug, have city water and a grease trap and have access to restroom facilities that meet Florida Building Code and other state regulations. A semi-permanent vendor must meet the definition of a "self-sufficient mobile food dispensing vehicle" under Rule 61C-1.001(25), FAC, or successor rule.

(b)

Annual permit.

(1)

A flea market permit, a vending booth permit, mobile food vendor permit, mobile vendor, semi-permanent vendor permit is required and can be obtained from the city manager, or designee, upon payment of the fee specified by city council resolution, along with submitting a completed application that includes a description of the nature, character and quality of food, beverage or retail items to be offered for sale; photographs of the vending booth, mobile food vending conveyance or mobile vending conveyance and sufficient information for city reviewing staff to determine compliance with the requirements listed in subsection (b) or (c) below, the applicable regulations listed in subsection (3) and other applicable code and safety requirements. Flea markets, vending booth, mobile food vendor, mobile vendor and semi-permanent vendors permit expire on September 30 of each year. Vending booth, mobile food vendor permits, mobile vendor permits semi-permanent vendors permits issued between April 1 and September 30 are subject to one-half the permit fees for the initial period (between issuance and September 30). Vending booth, mobile food vendor permits and mobile vendor permits shall not be valid during any event declared to be a special event by the city manager or designee. A separate permit shall be required for vending at these events. Events such as Relay for Life and Quincy Fest and other non-profit and church events shall be exempt from the requirements of this article by resolution of the city commission.

(2)

Requirements to obtain a vending booth permit:

a.

Proof of liability insurance, in amounts to annually be determined by the city manager, which shall include the city as an additional insured and which shall indemnify, defend and hold harmless the city, its elected and appointed officers, employees and agents, from any resultant claims which may arise from operation of the booth due to intentional or unintentional wrongdoing or negligence by the operator, or employees, contractors or agents of the operator.

b.

Proof of workers compensation insurance or provide a certificate of exemption.

c.

Select an available public property site from the official vending booth site map on file with the city manager or designee. When more than one application is received for a designated site, that site will be made available by random drawing of all qualified applicants. Once an operator has received a space, that site will not become available again unless the operator does not renew the permit or the owner's permit is revoked under this article.

d.

Submission of a site drawing clearly depicting the public property site location, size of the vending booth, set up of the vending booth and any other information necessary for the city reviewing staff to determine that the vending booth will comply with all applicable City Codes. The vending booth must be located a minimum of five feet from the curb or improved right-of-way and so positioned as to leave an unobstructed way for pedestrian passage on any sidewalk and shall not be positioned within five feet of any crosswalk or fire hydrant, nor block any ingress or egress from a building entrance or emergency exit. Vending booths shall be located a minimum of 25 feet from intersections and shall be located outside of the vision triangle.

(3)

Requirements to obtain a mobile food vendor and a semi-permanent vendor permit:

a.

Provide the name and address of the applicant's employer, if not self-employed.

b.

Provide written permission or lease from the owner of the property where the mobile food vendor will operate.

c.

Provide documentation of compliance with licensing requirements of the department of business and professional regulation, division of hotels and restaurants, or successor agency, under Rule 61C-4.0161, FAC, or successor rule, or the state department of agriculture, division of food safety, or successor agency, under chapter 5K-4, FAC, or successor rule, as may apply, and with the FDA Food Code and the Gadsden County Health Department Regulations and Guidelines.

d.

Submit a site plan meeting the requirements of section 46-105 of the land development code for a minor development plan to include dimensions and the proposed location of the mobile food vending conveyance as well as entrance and exits to the host business, parking and any other information necessary for the city reviewing staff to areas, bus stops, loading zones, fire hydrants, zoning district setbacks determine that the mobile food vending conveyance will comply with all applicable City Codes.

(c)

Regulations.

(1)

The following are the regulations concerning yard sales, and flea markets.

a.

Yard sales. Yard sales may be operated within the city for a maximum of three days each month. These sales may occur in residential areas, but may not take place in the right-of-way.

b.

Flea markets. Flea markets may be operated in nonresidential areas only, but not in the right-of-way. Flea markets are considered a commercial operation and must be properly licensed by the city.

(2)

Vending booths, mobile food dispensing vehicles, and mobile vending conveyances operating in the city shall be subject to the following regulations:

a.

Compliance with the licensing requirements of the department of business and professional regulation, division of hotels and restaurants, or successor agency, under Rule 61C-4.0161, FAC, or successor rule, or the state department of agriculture, division of food safety, or successor agency, chapter 5K-4, FAC, or successor rule, as may apply, and with the 2001 FDA Food Code and Gadsden County Health Department Regulations and Guidelines.

b.

A trash container must be available on the vending booth, mobile food dispensing vehicle, or mobile vending conveyance.

c.

Lighting may be used to continuously illuminate the vending booth, mobile food dispensing vehicle, or mobile vending conveyance, including any associated canopy, and provide task lighting for night operation, provided it is in conformity with the city's lighting regulations.

d.

Change of ownership, booth/conveyance or location will require that the owner apply for a new vending booth, mobile food vendor permit, mobile vendor permit or semi permanent permit.

e.

All required licenses must be conspicuously displayed on the vending booth, mobile food dispensing vehicle, or mobile vending conveyance.

f.

Vending booths, mobile food dispensing vehicles, or mobile vending conveyances must be provided with at least one approved portable fire extinguisher having a minimum rating of 8 BC.

g.

All liquefied petroleum gas containers must be installed on the outside of the vending booth, mobile food dispensing vehicle, or mobile vending conveyance protected from physical damage and, if enclosed, vented at the lowest point of the enclosure. All liquefied petroleum gas containers must be properly secured and comply with all applicable standards.

h.

Signs using lettering painted on or applied to the canopy valance will be allowed. Additional signs in conformity with the city's sign regulations will be allowed at a maximum size of six square feet, to be mounted on the vending booth, mobile food dispensing vehicle, or mobile vending conveyance. No other signs, pictures or advertisements of any kind, such as stickers, flags, balloons, inflatables or lights shall be allowed.

i.

The vendor must obtain a local business tax receipt from the city.

j.

The vendor shall keep the sidewalks, parking areas and other spaces adjacent to their vending sites or locations clean and free of paper, peelings and refuse of any kind generated from their vending operation.

k.

Vendors shall not conduct business in a way that will restrict or interfere with the entrance or exit of a business, create a nuisance, create a hazard to pedestrians, life or property, or obstruct vehicular circulation, pedestrian circulation, or access to emergency exits.

(3)

The following additional regulations shall apply to mobile food vendors, mobile vendors and semi-permanent vendors.

a.

Tent structures shall be permitted, but only upon approval of the city building and planning department and must be affixed to the ground in an attractive fashion.

b.

No alcoholic beverages may be sold.

c.

There shall be only one mobile food dispensing vehicle or mobile vending conveyance per parcel, location or development.

d.

No mobile food vendor or mobile vendor shall be permitted to operate in any of the following areas:

1.

Within 25 feet of any loading zone or bus stop.

2.

Within 15 feet of a building entrance or exit.

3.

Against display windows of a business.

4.

Within 25 feet of any fire hydrant, fire escape or fire control device.

5.

Within 25 feet of any parking space or access ramp designated for persons with disabilities.

6.

Outside of the established building setbacks of the zoning district.

7.

Within required parking spaces or within the required interior or terminal islands of the vehicle use area, unless specifically permitted for such use and location.

8.

On a vacant lot or property.

e.

Mobile food vending and mobile vending shall be limited to the hours between 7:00 a.m. and 10:00 p.m. daily and shall take place only at the approved location. The mobile food vending conveyance or the mobile vendor shall not be set up prior to 6:00 a.m. and must be removed by 11:00 p.m. of that same day.

f.

Outdoor seating shall be permitted only to the extent of the allowed tent structure coverage.

g.

If the mobile food dispensing vehicle is a trailer, the trailer shall be stabilized prior to operating.

h.

The mobile food dispensing vehicle, or mobile vending conveyance shall not be operated in a manner that destroys existing sodded areas, results in erosion or breaks down the previous or impervious surface of the site. In the event of erosion or destruction of the site surface, the owner of the site shall be required to restore the site to its original condition.

(d)

Revocation of permit/license. Permits/licenses issued under this article may be revoked by the city manager or designee after written notice and opportunity for hearing for any of the following reasons:

(1)

Fraud, misrepresentation or false statement contained in the application for permit.

(2)

Any violation of this article.

(3)

Conviction of a felony by a court of competent jurisdiction of the operator, or any shareholder, partner or member of a business entity holding a 50 percent or greater interest in the vending booth or mobile food vending conveyance for any of the following: homicide, rape, aggravated battery, burglary, aggravated assault, kidnapping, robbery, child molestation, lewd and lascivious acts, criminal solicitation to commit any of the above, criminal attempt to commit any of the above, or possession, sale or distribution of narcotic drugs, barbituric acid derivatives or central nervous system stimulants.

(4)

Conducting business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

(5)

With respect to a vending booth, failure to operate for more than 14 days during the period from October 1 through September 30 of each year.

(6)

Refusal to remove the vending booth, mobile food dispensing vehicle, or mobile vending conveyance from the site at the end of each business day, unless permitted as a semi-permanent vendor.

(7)

The vending booth, mobile food vendor, mobile vendor or semi-permanent vendor has been adjudicated guilty of, been found guilty of with adjudication withheld, waived the right to contest, or pled no contest to, three or more violations of city ordinances with respect to the vending operation.

Such revocation may be appealed directly to the code enforcement board/ magistrate provided such appeal is filed with the clerk of the city commission within 15 days of the time of the revocation by the city manager. The clerk shall schedule the hearing on the appeal at the next regular meeting of the code enforcement board/magistrate scheduled to be at least ten days from the date the appeal is filed. The clerk shall inform the city manager of the appeal, and the city manager shall forward the evidence used to determine the revocation, including minutes of the hearing, if any, to the clerk. No new evidence or testimony may be introduced before the code enforcement board/magistrate, which shall render its decision based upon the record. The code enforcement board/magistrate may reinstate the permit only if it finds an abuse of discretion in the decision of the city manager or designee.

(e)

Flea markets, vending booths, mobile food vendors, mobile vendors and semi-permanent vendors shall operate in conformity with the requirements of this section, provided, however, that mobile food vendors and mobile vendors who, at the time of passage of Ordinance No. 1028, possessed occupational and other licenses and permits shall be allowed to continue in business in the manner such vendors had established prior to January 26, 2010, until said license and/or permit expires and is not renewed. In addition, there shall be provided for limited issuance of holiday/special event occupational and other licenses and permits for mobile food vendors and mobile vendors by the City of Quincy as otherwise provided herein below.

(1)

Mobile food vendors and mobile vendors can sell their items, things and food that reflect holiday/special event days as set forth in subsections (2) and (3) herein.

(2)

The city manager or designee may grant a three-day occupational license or permit for the following holiday-special event days: Valentine's Day, Labor Day, Halloween/Harvest Festival and Thanksgiving Day. The holiday/special event day shall be included in the three-day period.

(3)

The city manager of designee may grant a ten-day occupational license or permit of the following holiday/special events day: Independence Day, Christmas Day and New Year's Day. The occupational license or permit for these holiday/special events days shall not be issued more than ten days before the holiday/special event and shall include the holiday/special event day.

(Ord. No. 789, art. II, § 11.03, 8-11-92; Ord. No. 1028, § 1, 1-26-10; Ord. No. 1068-2015 , § 4, 6-9-15; Ord. No. 1081-2016 , § 4, 10-11-16)

(a)

Except for single-family and two-family dwellings, all new buildings, uses, and/or change of occupational licensing, shall provide facilities for 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 opaque wall, finished masonry wall, wood enclosure, or materials compatible with the buildings storefront, on three sides, with an appropriate gated door.

(b)

The storage facilities shall contain equipment, space and access, including an accessible gated door, which is compatible with the city mechanical solid waste collection system.

(Ord. No. 949, § 1, 7-9-02)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accident potential hazard area means an area within 5,000 feet of the approach or departure end of a runway or in proximity to an airport, in which aircraft may maneuver after takeoff or before landing and in which aircraft are subject to the greatest potential to crash into a structure on the ground.

Airport means the Quincy/Gadsden Airport.

Airport elevation means the highest point of an airport's usable landing area, measured in feet above mean sea level.

Airport hazard or obstruction means any structure, tree or use of land which would exceed the federal obstruction standards, as contained in 14 CFR 77.21, 77.23, 77.25, 77.28 and 77.29, and obstructs the airspace required for the flight of aircraft in taking off, maneuvering or landing, for which no person has previously obtained a permit or variance pursuant to F.S. § 333.025 or 333.07 or this division.

Airport hazard area means any area of land or water upon which an airport hazard might be established if not prevented by this division.

Airspace height means the height limits in all zones set forth in this division, and determined by the datum of mean sea level elevation (AMSL) unless otherwise specified.

Runway means a defined area on an airport utilized for the landing and takeoff of aircraft.

Utility runway means a runway that is constructed for use by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.

Visual runway means a runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation, indicated on a Federal Aviation Administration approved airport layout plan or a military services approved military airport layout plan, or by any planning document submitted to the Federal Aviation Administration by competent authority.

(Ord. No. 789, art. II, § 12.02, 8-11-92)

Cross reference— Definitions and rules of construction generally, § 1-2.

The intent of this division is to provide guidelines and standards for the Quincy/Gadsden Airport and the area adjacent to the airport.

(Ord. No. 789, art. II, § 12.01, 8-11-92)

Any decision made pursuant to this division may be appealed according to the regulations in article II of this chapter.

(Ord. No. 789, art. II, § 12.05, 8-11-92)

In order to carry out the provisions of this division, certain zones are created and established which include all of the land lying beneath the approach, transitional, horizontal and conical surfaces as they apply to a particular airport. Such zones are shown on the city airport zoning map, which is on file for inspection in the office of community development. An area located in more than one of the described zones is considered to be in the zone with the more restrictive height limitation. The various zones are defined as follows:

(1)

Primary zone. The primary zone is an area longitudinally centered on a runway, extending 200 feet beyond each end of the runway with the width so specified for each runway for the most precise approach existing or planned for either end of the runway. No structure or obstruction shall be permitted within the primary zone that is not part of the landing and takeoff area facilities and is of a greater height than the nearest point on the runway centerline. The width of the primary zone is, for runway 14/32, 250 feet for utility runways having only visual approaches.

(2)

Horizontal zone. The horizontal zone is the area around each civil airport with an outer boundary, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary zone of each airport's runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is 5,000 feet for all runways designated as utility or visual. The height limitation for structures in the horizontal zone is 150 feet above established airport elevation.

(3)

Conical zone. The conical zone is the area extending outward from the periphery of the horizontal zone for a distance of 4,000 feet. The height limitations for structures in the conical zone is 150 feet above airport height at the inner boundary, with permitted height increasing one foot vertically for every 20 feet of horizontal distance measured outward from the inner boundary to a height of 350 feet above airport height at the outer boundary.

(4)

Approach zone. The approach zone is an area longitudinally centered on the extended runway centerline and extending outward from each end of the primary surface. An approach zone is designated for each runway based upon the type of approach available or planned for that runway end.

a.

The inner edge of the approach zone is the same width as the primary zone, and it expands uniformly to a width of 1,250 feet for that end of a utility runway with only visual approaches.

b.

The approach surface extends for a horizontal distance of 5,000 feet for all utility and visual runways.

c.

The outer width of an approach zone to an end of a runway shall be that width prescribed in this subsection for the most precise approach existing or planned for that runway end.

d.

The permitted height limitation within the approach zones is the same as the runway and height at the inner edge, and increases with horizontal distance outward from the inner edge as follows: Permitted height increases one foot vertically for every 20 feet of horizontal distance for all utility and visual runways.

(5)

Transitional zone. The transitional zone is the area extending outward from the sides of the primary zones and approach zones connecting them to the horizontal zone. Height limits within the transitional zone are the same as the primary zone or approach zone at the boundary line where it adjoins, and increases at a rate of one foot vertically for every seven feet horizontally, with the horizontal distance measured at right angles to the runway centerline and extended centerline until the height matches the height of the horizontal zone or conical zone, or for a horizontal distance of 5,000 feet from the side of the part of the precision approach zone that extends beyond the conical zone.

(6)

Other areas. In addition to height limitations, no structure or obstruction shall be permitted within the county that would cause a minimum descent altitude or a decision height to be raised.

(Ord. No. 789, art. II, § 12.03, 8-11-92)

(a)

Use restrictions generally. No use may be made of land or water within any zones established by this division in such a manner as to interfere with the operation of an airborne aircraft. The following special requirements shall apply to each permitted use:

(1)

All lighting or illumination used in conjunction with streets, parking, signs or use of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from a public airport or in the vicinity thereof.

(2)

No operations of any type shall produce a visual hazard within three statute miles of any usable runway of a public airport, including smoke, glare or any other visual hazard.

(3)

No operations of any type shall produce electronic interference with navigation signals or radio communication between the airport and aircraft.

(4)

The following uses of land shall be prohibited within the accident potential hazard area: high-density residential use, schools, hospitals, storage of explosive material, assemblage of large groups of people, or any other use that could produce a major catastrophe as a result of an aircraft crash.

(b)

Lighting of structures above 200 feet in height. The owner of any structure over 200 feet above ground level shall install lighting in accordance with Federal Aviation Administration advisory circular 70-7460-1 and amendments thereto on such structure which extends 749 feet above mean sea level. The high-intensity white obstruction lights must be in accordance with Federal Aviation Administration advisory circular 70-7460-1 and amendments.

(c)

Application for variance. Any person desiring to erect or increase the height of any structure or use his property not in accordance with the regulations prescribed in this division may apply to the Federal Aviation Administration for a variance from such regulations.

(d)

Obstruction marking and lighting. When any permit or variance is granted under this section, the owner of the structure or tree in question must install, operate and maintain, at his own expense, such marking and lighting as may be necessary to indicate to aircraft pilots the presence of an obstruction. Such marking and lighting shall conform to the specific standards established by rule by the state department of transportation. Existing structures not in compliance on October 1, 1988, shall be required to comply whenever the existing marking requires refurbishment, whenever the existing lighting requires replacement, or by October 1, 1993, whichever occurs first.

(e)

Noise warning. No person shall sell, lease or offer to sell or lease any land within the airport noise zone (100 CNR 85 dBA contour) unless the prospective buyer or lessee has been given the following notice in writing:

Noise Warning. This land lies beneath the aircraft approach and departure routes for Quincy Airport and is subject to noise that may be objectionable.

(Ord. No. 789, art. II, § 12.04, 8-11-92)

It is the intent of this division to establish flexible design standards for planned unit developments and to encourage imaginative and innovative developments. Furthermore, it is the general intent to:

(1)

Encourage the enhancement and preservation of lands.

(2)

Provide an alternative for more efficient and flexible use of land, promoting more open space.

(3)

Promote coordinated development of the site, considering natural features of the land, pedestrian and vehicular circulation and land use relationships with surrounding developments, and land use patterns.

(4)

Allow a variety of housing types and a mixture of land uses.

(5)

Promote and encourage greater opportunities for open space.

(Ord. No. 789, art. II, § 13.01, 8-11-92)

Any contiguous parcel under single ownership that consists of residential uses or a combination of residential and nonresidential uses is eligible to apply for approval as a planned unit development.

(Ord. No. 789, art. II, § 13.02, 8-11-92)

The requirements for a concept plan for a planned unit development are the same as for any major development as outlined in article II of this chapter.

(Ord. No. 789, art. II, § 13.03, 8-11-92)

The approval process for a planned unit development is the same as for any major development as outlined in article II of this chapter.

(Ord. No. 789, art. II, § 13.04, 8-11-92)

(a)

Exemptions from the normal requirements of this article and article IV of this chapter, pertaining to subdivisions, may be permitted for a planned unit development when the developer details adequate provisions for sufficient light, air and density, if the development will also be compatible with surrounding land uses.

(b)

There is no minimum project size.

(c)

The maximum density is determined by the land use designations in the city comprehensive plan. An increase may be permitted if the concept plan represents a development alternative that does not significantly increase the impact upon the community.

(d)

Setbacks from water bodies, wetlands and jurisdictional lines, as well as development standards in conservation and floodplain areas, and wellfield standards, shall be as required in article V of this chapter.

(e)

Open space will be provided at a rate of 25 percent of the gross site acreage. No more than one-half of the open space requirement may consist of wetlands, water bodies or jurisdictional areas.

(f)

Conservation, wellfield and floodplain areas shall be maintained as required by article V of this chapter.

(g)

Off-street parking, loading and unloading requirements shall be the same as provided in article VII of this chapter. Minimum requirements may be reduced when approved under the concept plan or final development plan if required because of the uniqueness of the development.

(h)

Residential and commercial setbacks shall be maintained as required in this article. Variation may be approved in the concept plan or final development plan if it can be demonstrated to be a positive alternative to the set requirements.

(Ord. No. 789, art. II, § 13.05, 8-11-92)

The Telecommunications Act of 1996 affirmed the City of Quincy's (the city) authority concerning the placement, construction and modification of wireless telecommunications facilities. The city commission (the commission) of the City of Quincy finds that wireless telecommunications facilities may pose a unique hazard to the health, safety, public welfare and environment of the City of Quincy and its inhabitants. The city also recognizes that facilitating the development of wireless service technology can be an economic development asset to the city and of significant benefit to the city and its residents. In order to insure that the placement, construction or modification of wireless telecommunications facilities is consistent with the city's land development code, the city is adopting a comprehensive wireless telecommunications facilities application and process for all properties not located in the city right of way and roads. The intent of this local law is to minimize the negative impact of wireless telecommunications facilities, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of environmental impacts of such facilities, and protect the health, safety and welfare of the City of Quincy.

(Ord. No. 931, § 1, 7-24-01)

This law may be known and cited as the "Wireless Telecommunications Facilities Siting Law for the City of Quincy."

(Ord. No. 931, § 2, 7-24-01)

(a)

If any word, phrase, sentence, part, section, subsection, or other portion of this law or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this law, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect.

(b)

Any special use permit issued under this law shall be comprehensive and not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect, by a competent authority, or is overturned by a competent authority, the permit shall be void in total, upon determination by the city commission.

(Ord. No. 931, § 3, 7-24-01)

For purposes of this law, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word "shall" is always mandatory, and not merely directory.

Accessory facility or structure means an accessory facility or structure serving or being used in conjunction with wireless telecommunications facilities, and located on the same property or lot as the wireless telecommunications facilities, including but not limited to, utility or transmission equipment storage sheds or cabinets.

Applicant means any person submitting an application to the City of Quincy for a special use permit for wireless telecommunications facilities.

Application means the form approved by the commission, together with all necessary and appropriate documentation that an applicant submits in order to receive a special use permit for wireless telecommunications facilities.

Antenna means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency signals. Such waves shall include, but not be limited to radio, television, cellular, paging, personal telecommunications services (PCS), and microwave telecommunications.

City means the City of Quincy, Florida.

Commission means the City Commission of the City of Quincy.

Collocation means the use of the same telecommunications tower or structure to carry two or more antennae for the provision of wireless services by two or more persons or entities.

Commercial impracticability or commercially impracticable means the inability to perform an act on terms that are reasonable in commerce. The inability to achieve a satisfactory financial return on investment or profit, standing alone, shall not be considered "commercial impracticability" and shall not render an act or the terms of an agreement "commercially impracticable".

Completed application means an application that contains all information and/or data necessary to enable the commission to evaluate the merits of the application, and to make an informed decision with respect to the effect and impact of wireless telecommunications facilities on the city in the context of the permitted land use for the particular location requested.

Direct-to home satellite services or direct broadcast service or DBS means only programming transmitted or broadcast by satellite directly to subscribers' premises without the use of ground receiving equipment, except at the subscribers' premises or in the uplink process to the satellite.

EAF means environmental assessment form.

EPA means state and/or Federal Environmental Protection Agency or its duly assigned successor agency.

FAA means the Federal Aviation Administration, or its duly designated and authorized successor agency.

FCC means the Federal Communications Commission, or its duly designated and authorized successor agency.

Freestanding tower means a tower that is not supported by guy wires and ground anchors or other means of attached or external support.

Height means, when referring to a tower or structure, the distance measured from the preexisting grade level to the highest point on the tower or structure, even if said highest point is an antenna.

NIER means nonionizing electromagnetic radiation.

Person means any individual, corporation, estate, trust, partnership, joint stock company, association of two or more persons having a joint common interest, or any other entity.

Personal wireless facility. See definition for "wireless telecommunications facilities".

Personal wireless services or PWS or personal telecommunications service or PCS shall have the same meaning as defined and used in the 1996 Telecommunications Act.

PDRB means the City of Quincy Planning Development and Review Board.

Telecommunication site. See definition for "wireless telecommunications facilities".

Special use permit means the official document or permit by which an applicant is allowed to construct and use wireless telecommunications facilities as granted or issued by the city.

State means the State of Florida.

Telecommunications means the transmission and reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.

Telecommunications structure means a structure used in the provision of services described in the definition of "wireless telecommunications facilities".

Temporary means in relation to all aspects and components of this law, something intended to, or that does, exist for fewer than 90 days.

Wireless telecommunications facilities or telecommunications tower or telecommunications site or personal wireless facility means a structure, facility or location designed, or intended to be used as, or used to support, antennas. It includes without limit, freestanding towers, guyed towers, monopoles, and similar structures that employ camouflage technology, including, but not limited to structures such as a multi-story building, church steeple, silo, water tower, sign or other similar structures intended to mitigate the visual impact of an antenna or the functional equivalent of such. It is a structure intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal telecommunications services, commercial satellite services, or microwave telecommunications, but excluding those used exclusively for all city utilities including; the city's fire, police and other dispatch telecommunications, or exclusively for all private radio and television reception and private citizen's bands, amateur radio and other similar telecommunications. Not withstanding the above, the city owned and operated telecommunications service is exempt from this chapter.

(Ord. No. 931, § 4, 7-24-01; Ord. No. 964, § 1, 5-27-03)

In order to ensure that the placement, construction, and modification of wireless telecommunications facilities protects the city's health, safety, public welfare, environmental features and other aspects of the quality of life specifically listed elsewhere in this law, the city commission hereby adopts an overall policy with respect to a special use permit for wireless telecommunications facilities for the express purpose of achieving the following goals:

(1)

Implementing an application process for person(s) seeking a special use permit for wireless telecommunications facilities.

(2)

Establishing a policy for examining an application for and issuing a special use permit for wireless telecommunications facilities that is both fair and consistent.

(3)

Establishing reasonable time frames for granting or not granting a special use permit for wireless telecommunications facilities, or recertifying or not recertifying, or revoking the special use permit granted under this law.

(4)

Promoting and encouraging, wherever possible, the sharing and/or collocation of wireless telecommunications facilities among service providers.

(5)

Promoting and encouraging, wherever possible, the placement, height and quantity of wireless telecommunications facilities in such a manner as to minimize adverse aesthetic impacts to the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities.

(Ord. No. 931, § 5, 7-24-01)

(a)

In determining a special use permit for wireless telecommunications facilities, the PDRB and the commission shall follow the requirements set for in this section as well as the established criteria prescribed in sections 46-104, 46-106, and 46-172, of this chapter.

(b)

An application for a special use permit for wireless telecommunications facilities shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different than the applicant, shall also sign the application. At the discretion of the city, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction.

(c)

The applicant shall include a statement in writing that:

(1)

The applicant's proposed wireless telecommunications facilities shall be maintained in a safe manner, and in compliance with all conditions of the special use permit, without exception, unless specifically granted relief by the commission in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable county, state and federal laws, rules, and regulations;

(2)

The construction of the wireless telecommunications facilities is legally permissible, including, but not limited to the fact that the applicant is authorized to do business in Florida.

(d)

No wireless telecommunications facilities shall be installed or constructed until the site plan designed by a Florida licensed engineer and is reviewed and approved by the PDRB and the commission, and a development order has been issued by the building and planning department.

(e)

All applications for the construction or installation of new wireless telecommunications facilities shall be accompanied by a report containing the information hereinafter set forth. The report shall be signed by a licensed professional engineer registered in the state. Where this section calls for certification, such certification shall be by a qualified Florida state licensed professional engineer acceptable to the city, unless otherwise noted. The application shall include, in addition to the other requirements for the special use permit, the following information:

(1)

Documentation that demonstrates the need for the wireless telecommunications facility to provide service primarily within the city;

(2)

Name, address and phone number of the person preparing the report;

(3)

Name, address, and phone number of the property owner, operator, and applicant, to include the legal form of the applicant;

(4)

Postal address and tax map parcel number of the property;

(5)

Zoning district or designation in which the property is situated;

(6)

Size of the property stated both in square feet and lot line dimensions, and a diagram showing the location of all lot lines;

(7)

Location of nearest residential structure;

(8)

Location of nearest habitable structure;

(9)

Location, size and height of all structures on the property which is the subject of the application;

(10)

Location, size and height of all proposed and existing antennae and all appurtenant structures;

(11)

Type, locations and dimensions of all proposed and existing landscaping, and fencing;

(12)

The number, type and design of the telecommunications tower(s) antenna(s) proposed and the basis for the calculations of the telecommunications tower's capacity to accommodate multiple users;

(13)

The make, model and manufacturer of the tower and antenna(s);

(14)

A description of the proposed tower and antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above preexisting grade, materials, color and lighting;

(15)

The frequency, modulation and class of service of radio or other transmitting equipment;

(16)

Transmission and maximum effective radiated power of the antenna(s);

(17)

Direction of maximum lobes and associated radiation of the antenna(s);

(18)

Certification that NIER levels at the proposed site are within the threshold levels adopted by the FCC;

(19)

Certification that the proposed antenna(s) will not cause interference with existing telecommunications devices, though the certifying engineer need not be approved by the city;

(20)

A copy of the FCC license applicable for the use of wireless telecommunications facilities;

(21)

Certification that a topographic and geomorphologic study and analysis has been conducted, and that taking into account the subsurface and substrata, and the proposed drainage plan, that the site is adequate to assure the stability of the proposed wireless telecommunications facilities on the proposed site, though the certifying engineer need not be approved by the city;

(22)

Propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites;

(23)

Applicant shall disclose in writing any agreement in existence prior to submission of the application that would limit or preclude the ability of the applicant to share any new telecommunication tower that it constructs.

(f)

In the case of a new telecommunication tower, the applicant shall be required to submit a written report demonstrating its efforts to secure shared use of existing telecommunications tower(s) or use of existing buildings or other structures within the city. Copies of written requests and responses for shared use shall be provided to the city.

(g)

The applicant shall furnish written certification that the telecommunication facility, foundation and attachments are designed and will be constructed to meet all local, county, state and federal structural requirements for loads, including wind loads.

(h)

The applicant shall furnish written certification that the wireless telecommunications facilities will be effectively grounded and bonded so as to protect persons and property and installed with appropriate surge protectors.

(i)

The applicant shall submit a completed long form EAF and a completed visual EAF addendum. Based on the results of the visual EAF addendum, the commission may require submission of a more detailed visual analysis. The scope of the required environmental and visual assessment will be reviewed at the preapplication meeting.

(j)

The applicant shall furnish a visual impact assessment which shall include:

(1)

A "zone of visibility map" which shall be provided in order to determine locations where the tower may be seen.

(2)

Pictorial representations of "before and after" views from key viewpoints both inside and outside of the city, including but not limited to state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents. Guidance will be provided, concerning the appropriate key sites at a preapplication meeting.

(3)

An assessment of the visual impact of the tower base, guy wires and accessory buildings from abutting and adjacent properties and streets.

(k)

The applicant shall, in a manner approved by the commission and reviewed by the PDRB, demonstrate and provide in writing and/or by drawing how it shall effectively screen from view its proposed wireless telecommunications facilities base and all related facilities and structures.

(l)

All utilities at a wireless telecommunications facilities site shall be installed underground and in compliance with all laws, rules and regulations of the city, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code, and all local codes where appropriate. The commission may waive or vary the requirements of underground installation of utilities whenever, in the opinion of the commission, such variance or waiver shall not be detrimental to the health, safety, general welfare and environment, including the visual and scenic characteristics of the area.

(m)

All wireless telecommunications facilities shall contain a demonstration that the facility be sited so as to have the least adverse visual effect on the environment and its character, on existing vegetation, and on the residences in the area of the wireless telecommunications facilities sites.

(n)

Both the wireless telecommunications facility and any and all accessory or associated facilities shall maximize use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings, this shall include the utilization of stealth or concealment technology as required by the city.

(o)

At a telecommunications site, an access road, turn around space, and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and vegetation cutting. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.

(p)

A person who holds a special use permit for wireless telecommunications facilities shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted wireless telecommunications facilities in strict compliance with all current applicable technical, safety and safety-related codes adopted by the city, county, state, or United States, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding the more stringent shall apply.

(q)

A holder of a special use permit granted under this law shall obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by the city or other governmental entity or agency having jurisdiction over the applicant.

(r)

With respect to this application process, the city intends to be the lead agency, pursuant to Florida Department of Environmental Protection. The commission shall conduct an environmental review of the proposed project in combination with its review of the application under this law.

(s)

An applicant shall submit to the Quincy Building and Planning Department the number of completed applications determined by the city at the preapplication meeting. The applicant shall provide written notification of an application to effected adjacent local governments.

(t)

The applicant shall examine the feasibility of designing a proposed telecommunications tower to accommodate future demand for at least five additional commercial applications, for example, future collocations. The scope of this examination shall be determined by the commission. The telecommunications tower shall be structurally designed to accommodate at least five additional antenna arrays equal to those of the applicant, and located as close to the applicant's antenna as possible without causing interference. This requirement may be waived, provided that the applicant, in writing, demonstrates that the provisions of future shared usage of the telecommunications tower is not technologically feasible, is commercially impracticable or creates an unnecessary and unreasonable burden, based upon:

(1)

The foreseeable number of FCC licenses available for the area;

(2)

The kind of wireless telecommunications facilities site and structure proposed;

(3)

The number of existing and potential licenses without wireless telecommunications facilities spaces/sites;

(4)

Available space on existing and approved telecommunications towers.

(u)

The applicant shall submit to the city a letter of intent committing the owner of the proposed new tower, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. This letter shall be filed with the commission. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the special use permit. The letter shall commit the new tower owner and their successors in interest to:

(1)

Respond within 60 days to a request for information from a potential shared-use applicant;

(2)

Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers;

(3)

Allow shared use of the new tower if another telecommunications provider agrees in writing to pay reasonable charges. The charges may include, but are not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, less depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.

(v)

Unless waived by the commission, there shall be a preapplication meeting. The purpose of the preapplication meeting will be to address issues, which will help to expedite the review and permitting process. A preapplication meeting may also include a site visit if required. Costs of the city's consultants to prepare for and attend the preapplication meeting will be borne by the applicant.

(w)

The holder of a special use permit shall notify the city of any intended modification of a wireless telecommunication facility and shall apply to the city to modify, relocate or rebuild a wireless telecommunications facility.

(x)

In order to better inform the public, in the case of a new telecommunication tower, the applicant shall prior to the public hearing on the application, hold a "balloon test" as follows: applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a three-foot diameter brightly colored balloon at the maximum height of the proposed new tower. The dates, (including a second date, in case of poor visibility on the initial date) times and location of this balloon test shall be advertised, by the applicant, at seven and 14 days in advance of the first test date in a newspaper with a general circulation in city and agreed to by the commission. The applicant shall inform the commission, in writing, of the dates and times of the test, at least 14 days in advance. The balloon shall be flown for at least eight consecutive hours sometime between 7:00 a.m. and 4:00 p.m. of the dates chosen. The primary date shall be on a weekend, but the second date, in case of poor visibility on the initial date, may be on a weekday.

(y)

The applicant will provide a written copy of an analysis, completed by a qualified individual or organization, to determine if the telecommunications tower or existing structure intended to support wireless facilities requires lighting under Federal Aviation Regulation Part 77. This requirement shall be for any new tower or for an existing structure or building where the application increases the height of the structure or building. If this analysis determines, that the FAA must be contacted, then all filings with the FAA, all responses from the FAA and any related correspondence shall be provided in a timely manner.

(Ord. No. 931, § 6, 7-24-01)

(a)

Applicants for wireless telecommunications facilities, on properties other than city right of way and roads, shall locate, site and erect said wireless telecommunications facilities in accordance with the following priorities, one being the highest priority and four being the lowest priority:

(1)

On existing telecommunications towers or other tall structures;

(2)

On city-owned properties;

(3)

Manufacturing district (M-1);

(4)

Heavy commercial and light manufacturing (C-2);

(5)

On other property in the city;

(b)

If the proposed property site is not the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site, and the hardship that would be incurred by the Applicant if the permit were not granted for the proposed site.

(c)

An applicant may not by-pass sites of higher priority by stating the site presented is the only site leased or selected. An application shall address collocation as an option and if such option is not proposed, the applicant must explain why collocation is commercially or otherwise impracticable. Agreements between providers limiting or prohibiting collocation, shall not be a valid basis for any claim of commercial impracticability or hardship.

(d)

Notwithstanding the above, the commission may approve any site located within an area in the above list of priorities, provided that the commission finds that the proposed site is in the best interest of the health, safety and welfare of the city and its inhabitants.

(e)

The applicant shall submit a written report demonstrating the applicant's review of the above locations in order of priority, demonstrating the technological reason for the site selection. If the site selected is not the highest priority, then a detailed written explanation as to why sites of a higher priority were not selected shall be included with the application.

(f)

The applicant is requested, in writing, to identify and disclose the number and locations of any additional sites that the applicant has been, is, or will be considering, reviewing or planning for wireless telecommunications facilities in the city, and all municipalities adjoining the city, for a two-year period following the date of the application.

(g)

Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the commission may disapprove an application for any of the following reasons.

(1)

Conflict with safety and safety-related codes and requirements;

(2)

Conflict with traffic needs or traffic laws, or definitive plans for changes in traffic flow or traffic laws;

(3)

Conflict with the historic nature of a neighborhood or historical district;

(4)

Conflict with the central business district;

(5)

The use or construction of wireless telecommunications facilities which is contrary to an already stated purpose of a specific zoning or land use designation;

(6)

The placement and location of wireless telecommunications facilities which would create an unacceptable risk, or the probability of such, to residents, the public, employees and agents of the city, or employees of the service provider or other service providers;

(7)

Conflicts with the provisions of this law.

(Ord. No. 931, § 7, 7-24-01)

(a)

Shared use of existing wireless telecommunications facilities shall be preferred by the city, as opposed to the proposed construction of a new telecommunications tower. Where such shared use is unavailable, location of antennas on other preexisting structures shall be considered and preferred. The applicant shall submit a comprehensive report inventorying existing towers and other appropriate structures within four miles of any proposed new tower site, unless the applicant can show that some other distance is more reasonable, and outlining opportunities for shared use of existing facilities and the use of other preexisting structures as a preferred alternative to new construction.

(b)

An applicant intending to share use of an existing telecommunications tower or other structure shall be required to document the intent of the existing owner to share use. In the event of an application to share the use of an existing telecommunications tower does not increase the height of the telecommunications tower, the commission shall waive such requirements of the application required by this local law as may be for good cause shown.

(c)

Such shared use shall consist only of the minimum antenna array technologically required to provide service within the city, to the extent practicable, unless good cause is shown.

(Ord. No. 931, § 8, 7-24-01)

(a)

The applicant shall submit documentation justifying to the city the total height of any telecommunications tower, facility and/or antenna and the basis therefor. Such justification shall be to provide service within the city, to the extent practicable, unless good cause is shown.

(b)

Telecommunications towers shall be no higher than the minimum height necessary. Unless waived by the commission upon good cause shown, the maximum height shall be 140 feet, based on six collocated antenna arrays and ambient tree height of 80 feet.

(c)

The maximum height of any telecommunications tower and attached antennas constructed after the effective date of this law shall not exceed that which shall permit operation without artificial lighting of any kind, in accordance with municipal, county, state, and/or any federal statute, law, local law, city ordinance, code, rule or regulation.

(Ord. No. 931, § 9, 7-24-01)

(a)

Wireless telecommunications facilities shall not be artificially lighted or marked, except as required by law.

(b)

Telecommunications towers shall be of a galvanized finish, or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings as approved by the commission, and shall be maintained in accordance with the requirements of this law.

(c)

If lighting is required, applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under state and federal regulations, and an artist's rendering or other visual representation showing the effect of light emanating from the site on neighboring habitable structures within 1,500 feet of all property lines of the parcel on which the wireless telecommunications facilities are located.

(Ord. No. 931, § 10, 7-24-01)

All wireless telecommunications facilities and antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically as follows:

(1)

All antennas, towers and other supporting structures, including guy wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or run into; and

(2)

Transmitters and telecommunications control points must be installed such that they are readily accessible only to persons authorized to operate or service them.

(Ord. No. 931, § 11, 7-24-01)

Wireless telecommunications facilities shall contain a sign no larger than four square feet to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmission capabilities. The sign shall contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s). The sign shall be on the equipment shelter or shed of the applicant and be visible from the access point of the site and must identify the equipment shelter of the applicant. The sign shall not be lighted unless the commission shall have allowed such lighting or unless such lighting is required by applicable provisions of law. No other signage, including advertising, shall be permitted on any facilities, antennas, antenna supporting structures or antenna towers, unless required by law.

(Ord. No. 931, § 12, 7-24-01)

All proposed wireless telecommunications facilities shall be set back from abutting parcels, recorded rights-of-way and road and street lines by the greater of the following distances: A distance equal to the height of the wireless telecommunications facility or the existing setback requirements of the underlying zoning district, plus an additional 50 feet for the effect of wind. Any accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated.

(Ord. No. 931, § 13, 7-24-01)

(a)

The city, pursuant to its procurement policy, may hire any consultant and/or expert necessary to assist staff, the PDRB and the commission in reviewing and evaluating the application, including the construction and modification of the site, once permitted, and any requests for recertification.

(b)

An applicant shall deposit with the city funds sufficient to reimburse the city for all reasonable costs of consultant and expert evaluation and consultation to the commission in connection with the review of any application. The initial deposit shall be $7,500.00. These funds shall precede the preapplication meeting and the city will maintain a separate escrow account for all such funds. The city's consultants/experts shall bill or invoice the city no more frequently than monthly for its services in reviewing the application and performing its duties. If at any time during the review process this escrow account has a balance less than $2,500.00, applicant shall immediately, upon notification by the city, replenish said escrow account so that it has a balance of at least $5,000.00. Such additional escrow funds shall be deposited with the city before any further action or consideration is taken on the application. In the event that the amount held in escrow by the city is more than the amount of the actual billing or invoicing at the conclusion of the project, the difference shall be promptly refunded to the applicant.

(c)

The total amount of the funds set forth in subsection (b) of this section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed by the commission or its consultant/expert to complete the necessary review and analysis. Additional escrow funds, as reasonably required and requested by the city, shall be paid by the applicant.

(Ord. No. 931, § 14, 7-24-01)

(a)

No person shall be permitted to site, place, build, construct or modify, or prepare any site for the placement or use of, wireless telecommunications facilities as of the effective date of this law without having first obtained a special use permit for wireless telecommunications facilities. Notwithstanding anything to the contrary in this section, no special use permit shall be required for those exceptions noted in the definition of wireless telecommunications facilities.

(b)

New construction on existing wireless telecommunications facilities shall comply with the requirements of this law.

(c)

All wireless telecommunications facilities existing on or before the effective date of this law shall be allowed to continue as they presently exist, provided however, that any modification to existing wireless telecommunications facilities must comply with this law.

(Ord. No. 931, § 15, 7-24-01)

(a)

Prior to the approval of any application for a special use permit for wireless telecommunications facilities, public hearings shall be held by the PDRB and the commission. The public hearings shall conform to the requirements set forth in sections 46-104(2) and 46-172(a) of this chapter. Additionally, the applicant, at least three weeks prior to the date of the first public hearing, shall be required to provide names and address of all landowners whose property is located within 1,500 feet of any property line of the lot on which the new wireless telecommunications facilities are proposed to be located, so that the city may notify landowners.

(b)

There shall be no hearing required for an application to co-locate on an existing tower or other structure, as long as such does not increase the height of the structure, including attachments.

(c)

The building and planning department shall schedule the public hearing referred to in subsection (a) of this section once it finds the application is complete. The PDRB and commission, at any stage prior to issuing a special use permit, may require such additional information as it deems necessary.

(Ord. No. 931, § 16, 7-24-01)

(a)

At any time between 12 months and six months prior to the five-year anniversary date after the effect date of the special use permit and all subsequent fifth anniversaries of the effective date of the original special use permit for wireless telecommunications facilities, the holder of a special use permit for such wireless telecommunication facilities shall submit a signed written request to the city for recertification. In the written request for recertification, the holder of such special use permit shall note the following:

(1)

The name of the holder of the special use permit for the wireless telecommunications facilities;

(2)

If applicable, the number or title of the special use permit;

(3)

The date of the original granting of the special use permit;

(4)

Whether the wireless telecommunications facilities have been moved, relocated, rebuilt, or otherwise modified since the issuance of the special use permit and if so, in what manner;

(5)

If the wireless telecommunications facilities have been moved, relocated, rebuilt, or otherwise modified, then whether the commission approved such action, and under what terms and conditions, and whether those terms and conditions were complied with;

(6)

Any requests for waivers or relief of any kind whatsoever from the requirements of this law and any requirements for a special use permit;

(7)

That the wireless telecommunications facilities are in compliance with the special use permit and compliance with all applicable codes, laws, rules and regulations;

(8)

Recertification that the telecommunication tower and attachments both are designed and constructed ("as built") and continue to meet all local, county, state and federal structural requirements for loads, including wind loads. Such recertification shall be by a qualified Florida licensed professional engineer acceptable to the city, the cost of which shall be borne by the applicant.

(b)

If, after such review, the city determines that the permitted wireless telecommunications facilities are in compliance with the special use permit and all applicable statutes, laws, local laws, ordinances, codes, rules and regulations, then the city shall issue a recertification special use permit for the wireless telecommunications facilities, which may include any new provisions or conditions that are mutually agreed upon, or required by applicable statutes, laws, local laws, ordinances, codes, rules and regulations. If, after such review, the city determines that the permitted wireless telecommunications facilities are not in compliance with the special use permit and all applicable statutes, local laws, ordinances, codes, rules and regulations, then the city may refuse to issue a recertification special use permit for the wireless telecommunications facilities, and in such event, such wireless telecommunications facilities shall not be used after the date that the applicant receives written notice of such decision by the city. Any such decision shall be in writing and supported by substantial evidence contained in a written record.

(c)

If the applicant has submitted all of the information requested by the city and required by this law, and if the city does not complete its review, as noted in subsection (b) of this section, prior to the five-year anniversary date of the special use permit, or subsequent fifth anniversaries, then the applicant for the permitted wireless telecommunications facilities shall receive an extension of the special use permit for up to six months, in order for the city to complete its review.

(d)

If the holder of a special use permit for wireless telecommunications facilities does not submit a request for recertification of such special use permit within the timeframe noted in subsection (a) of this section, then such special use permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special use permit, or subsequent fifth anniversaries, unless the holder of the special use permit adequately demonstrates to the city that extenuating circumstances prevented a timely recertification request. If the city agrees that there were legitimately extenuating circumstances, then the holder of the special use permit may submit a late recertification request or application for a new special use permit.

(Ord. No. 931, § 17, 7-24-01)

The extent and parameters of a special use permit for wireless telecommunications facilities shall be as follows:

(1)

Such special use permit shall be nonexclusive;

(2)

Such special use permit shall not be assigned, transferred or conveyed without the express prior written notification of the commission.

(3)

Such special use permit may, following a hearing upon due prior notice to the applicant, be revoked, canceled, or terminated for a violation of the conditions and provisions of the special use permit for wireless telecommunications facilities, or for a material violation of this law after prior written notice to the applicant and the holder of the special use permit.

(Ord. No. 931, § 18, 7-24-01)

(a)

At the time that a person submits an application for a special use permit for a new telecommunications tower, such person shall pay a nonrefundable application fee of $5,000.00 to the city. If the application is for a special use permit for collocating on an existing telecommunications tower or high structure, where no increase in height of the tower or structure is required, the nonrefundable fee shall be $2,000.00.

(b)

No application fee is required in order recertify a special use permit for wireless telecommunications facilities, unless there has been a modification of the wireless telecommunications facilities since the date of the issuance of the existing special use permit for which the conditions of the special use permit have not previously been modified. In the case of any modification, the fees provided in subsection (a) shall apply.

(Ord. No. 931, § 19, 7-24-01)

(a)

The applicant and the owner of record of any proposed wireless telecommunications facilities property site shall at its cost and expense, be jointly required to execute and file with the city a bond, or other form of security acceptable to the city as to type of security and the form and manner of execution, in an amount of at least $75,000.00 and with such sureties as are deemed sufficient by the commission to assure the faithful performance of the terms and conditions of this law and conditions of any special use permit issued pursuant to this law. The full amount of the bond or security shall remain in full force and effect throughout the term of the special use permit and/or until the removal of the wireless telecommunications facilities, and any necessary site restoration is completed. The failure to pay any annual premium for the renewal of any such security shall be a violation of the provisions of the special use permit and shall entitle the commission to revoke the special use permit after prior written notice to the applicant and holder of the permit and after a hearing upon due prior notice to the applicant and holder of the special use permit.

(b)

For collocations that do not increase the height of the structure attached to, the bond or other security required under this section shall be $25,000.00.

(Ord. No. 931, § 20, 7-24-01; Ord. No. 964, § 1, 5-27-03)

In order to verify that the holder of a special use permit for wireless telecommunications facilities and any and all lessees, renters, and/or licensees of wireless telecommunications facilities, place and construct such facilities, including towers and antennas, in accordance with all applicable technical, safety, fire, building, and zoning codes, laws, ordinances and regulations and other applicable requirements, the city may inspect all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities, including, but not limited to, towers, antennas and buildings or other structures constructed or located on the permitted site.

(Ord. No. 931, § 21, 7-24-01)

The holder of the special use permit shall annually, no later than January 31st of each year, certify in writing to the city that NIER levels at the site are within the threshold levels adopted by the FCC. The certifying engineer must be licensed to practice engineering in the State of Florida, however, need not be approved by the city.

(Ord. No. 931, § 22, 7-24-01; Ord. No. 964, § 1, 5-27-03)

(a)

A holder of a special use permit for wireless telecommunications facilities shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the special use permit in amounts as set forth below:

(1)

Commercial general liability covering personal injuries, death and property damage: $1,000,000 per occurrence/$2,000,000 aggregate;

(2)

Automobile coverage: $1,000,000.00 per occurrence/$2,000,000 aggregate;

(3)

Workers compensation and disability: Statutory amounts.

(b)

The commercial general liability insurance policy shall specifically include the city and its officers, boards, employees, committee members, attorneys, agents and consultants as additional named insureds.

(c)

The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a Best's rating of at least "A".

(d)

The insurance policies shall contain an endorsement obligating the insurance company to furnish the city with at least 30 days prior written notice in advance of the cancellation of the insurance.

(e)

Renewal or replacement policies or certificates shall be delivered to the city at least 15 days before the expiration of the insurance that such policies are to renew or replace.

(f)

Before construction of a permitted wireless telecommunications facilities is initiated, but in no case later than 15 days after the grant of the special use permit, the holder of the special use permit shall deliver to the city a copy of each of the policies or certificates representing the insurance in the required amounts.

(Ord. No. 931, § 23, 7-24-01)

(a)

Any application for wireless telecommunication facilities that is proposed for city property, pursuant to this law, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by the law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the city, and its officers, boards, employees, committee members, attorneys, agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said facility, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the city, or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorney's fees, consultants' fees, and expert witness fees are included in those costs that are recoverable by the city.

(b)

Notwithstanding the requirements noted in subsection (a) of this section, an indemnification provision will not be required in those instances where the city itself applies for and secures a special use permit for wireless telecommunications facilities.

(Ord. No. 931, § 24, 7-24-01)

(a)

In the event of a violation of this law or any special use permit issued pursuant to this law, the commission may impose and collect, and the holder of the special use permit for wireless telecommunications facilities shall pay to the city, fines or penalties as set forth below.

(b)

The holder of a special use permits failure to comply with provisions of this division shall constitute a violation of this division and shall subject the applicant to the code enforcement provisions and procedures as provided in chapter 2, article VIII of the City of Quincy Code of Ordinances and F.S. § 166.0415. In addition, violation of this division may be punishable as provided in F.S. § 162.22, as it may be amended.

Failure of the city to enforce any requirements of this ordinance shall not constitute a waiver of the city's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies.

(c)

Notwithstanding anything in this law, the holder of the special use permit for wireless telecommunications facilities may not use the payment of fines, liquidated damages or other penalties, to evade or avoid compliance with this law or any section of this law. An attempt to do so shall subject the holder of the special use permit to termination and revocation of the special use permit. The city may also seek injunctive relief to prevent the continued violation of this law, without limiting other remedies available to the city.

(Ord. No. 931, § 25, 7-24-01)

If wireless telecommunications facilities are repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this law or of the special use permit, then the city shall notify the holder of the special use permit in writing of such violation. Such notice shall specify the nature of the violation or noncompliance and shall be in accordance with the procedure outlined in F.S. ch. 162.06.

(Ord. No. 931, § 26, 7-24-01)

(a)

Under the following circumstances, the commission may determine that the health, safety, and welfare interests of the city warrant and require the removal of wireless telecommunications facilities.

(1)

Wireless telecommunications facilities with a permit have been abandoned (i.e. not used as wireless telecommunications facilities) for a period exceeding 90 consecutive days or a total of 180 days in any 365-day period, except for periods caused by force majeure or acts of God, in which case, repair or removal shall commence within 90 days;

(2)

Permitted wireless telecommunications facilities fall into such a state of disrepair that it creates a health or safety hazard;

(3)

Wireless telecommunications facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required special use permit, or any other necessary authorization.

(b)

If the commission makes such a determination as noted in subsection (a) of this section, then the commission shall notify the holder of the special use permit for the wireless telecommunications facilities within 48 hours that said wireless telecommunications facilities are to be removed, the commission may approve an interim temporary use agreement/permit, such as to enable the sale of the wireless telecommunications facilities.

(c)

The holder of the special use permit, or its successors or assigns, shall dismantle and remove such wireless telecommunications facilities, and all associated structures and facilities, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the commission. However, if the owner of the property upon which the wireless telecommunications facilities are located wishes to retain any access roadway to the wireless telecommunications facilities, the owner may do so with the approval of the commission.

(d)

If wireless telecommunications facilities are not removed or substantial progress has not been made to remove the wireless telecommunications facilities within 90 days after the permit holder has received notice, then the commission may order officials or representatives of the city to remove the wireless telecommunications facilities at the sole expense of the owner or special use permit holder.

(e)

If, the city removes, or causes to be removed, wireless telecommunications facilities, and the owner of the wireless telecommunications facilities does not claim and remove it from the site to a lawful location within ten days, then the city may take steps to declare the wireless telecommunications facilities abandoned, and sell them and their components.

(f)

Notwithstanding anything in this section to the contrary, the commission may approve a temporary use permit/agreement for the wireless telecommunications facilities, for no more 90 days, during which time a suitable plan for removal, conversion, or relocation of the affected wireless telecommunications facilities shall be developed by the holder of the special use permit, subject to the approval of the commission, and an agreement to such plan shall be executed by the holder of the special use permit and the city. If such a plan is not developed, approved and executed within the 90-day time period, then the city may take possession of and dispose of the affected wireless telecommunications facilities in the manner provided in this section.

(Ord. No. 931, § 27, 7-24-01)