The regulations and requirements herein set forth have been made in accordance with a comprehensive plan, with reasonable consideration, among other things, to the prevailing land uses, growth characteristics, and the character of the respective districts and their peculiar suitability for particular uses and to encourage the most appropriate use of land throughout the city.

A.

Minimum requirements and interpretation of provisions. In their interpretation and application, the provisions of this chapter shall be the minimum requirements to promote the public health, safety, morals, and general welfare, and to protect the character and maintain the stability of residential, commercial, industrial, agricultural, educational, cultural, and recreational areas within the city. It is not intended by this chapter to interfere with, abrogate, or annul any lawful easements, covenants, or other agreements between the city and other parties.

B.

Police powers. Among other purposes, the provisions herein are intended to provide adequate light, air, privacy, and access to property, to enhance the aesthetic appeal and features of the city and to avoid undue concentration of population by regulating and limiting the height and bulk of buildings, the size of open spaces surrounding buildings, storage and materials of personal property or any commercial activity, to establish building lines, to divide the area of the city into districts restricting and regulating therein the construction, reconstruction, alteration, and use of buildings, structures, and land for residential, commercial, industrial, agriculture, educational, cultural, recreational, and other specified uses, and to limit congestion in the public streets by providing off-street parking of motor vehicles, and to define the powers and duties of the various administrative officers and boards within the city as those officers and boards deal with land development.

C.

Prohibited uses. The district regulations contained in this chapter are to be construed so as to prohibit those uses which are not specifically listed as permitted uses or conditional uses within the districts, except for those districts in which the planning commission may determine that certain other uses are similar to and compatible with the permitted uses listed within such district.

In order to classify, regulate, and restrict the uses of land, water, buildings, and structures; to regulate and restrict the height and bulk of buildings; to regulate the area of yards, courts, and other open spaces between buildings; and to regulate the intensity of land use, all the area of the city is classified into the districts listed in Table 3.2.1, with each district assigned to a broad zoning category.

Where phrases or phraseology of similar intent are used in these zoning regulations, the phrases or phraseology shall be construed to include or apply to each of the zoning districts within each of the zoning district categories as follows:

A.

Residential district. All references to residential, zoned residentially, residentially zoned shall be construed to include all of the zoning district categorized as residential in Table 3.2.1.

B.

Commercial district. All references to commercial, zoned commercially, commercially zoned shall be construed to include all of the zoning district categorized as commercial in Table 3.2.1.

C.

Industrial district. All industrial, zoned industrial, industrially zoned shall be construed to include all of the zoning district categorized as industrial in Table 3.2.1.

D.

Agricultural district. All agricultural, zoned agricultural, agriculturally zoned shall be construed to include all of the zoning district categorized as agricultural in Table 3.2.1.

E.

Institutional district. All institutional, zoned institutional, institutionally zoned shall be construed to include all of the zoning district categorized as institutional in Table 3.2.1.

The boundaries of the various districts are shown upon an official zoning map. The official zoning map is hereby made a part of this Code and all maps, references, and other information shown therein shall be as much a part of this Code as if all matter and information set forth by said maps were fully described herein.

A.

Official zoning map. If, in accordance with the provisions of these zoning regulations and applicable provisions of state law, changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be entered promptly on the official zoning map after the amendment has been approved by the city council. All entries on the official zoning map shall be noted within a legend of "map changes." The legend shall include ordinance number, date of adoption, applicant name, existing zoning, and new zoning.

B.

Unauthorized changes prohibited. No changes of a nature which would alter the assigned district boundaries shall be made in the official zoning map, or any matter shown thereon, except in conformity with the procedures set out in these zoning regulations. Any unauthorized change in the assigned districts by any person or persons shall be considered a violation of these zoning regulations. Changes which affect the identification of physical features of the city, such as streets, lots, or waterways, may be made on the official zoning map providing such change is authorized in writing by the city manager.

C.

Final authority as to zoning. Regardless of the existence of purported copies of all or part of the official zoning map, which may from time to time be made or published, the official zoning map, which shall be maintained by the office of the city manager or his designee shall be the final authority as to the current zoning status of all lands and waters in the incorporated area of the city.

D.

Retention of earlier zoning map. All zoning maps, or remaining portions thereof, which have been officially adopted and recognized as the official zoning map for the city prior to the effective date of adoption of these zoning regulations shall be retained as a public record and as a guide to the zoning status of lands and waters prior to such date.

E.

Replacement of official zoning map. If the official zoning map, or any page or portion thereof, becomes damaged, lost, destroyed, or difficult to interpret by reason of the nature or number of changes, the city council may, by resolution, adopt a new official zoning map, or any page or pages thereof, which shall supersede the prior official zoning map, or page or pages thereof. The new official zoning map, or page or pages thereof, may correct drafting or other errors or omissions in the prior official zoning map, or page or pages thereof, but no such correction shall have the effect of amending the original official zoning map, or page or pages thereof. If, in the process of adopting a replacement official zoning map, or any page or pages thereof, district boundaries are changed or altered, then action in regard to such change of district boundaries shall be taken only in the form of an amendment in conformity with these zoning regulations.

Except as otherwise specifically provided, a district symbol or name shown within district boundaries on the official zoning map indicates that district regulations pertaining to the district extend throughout the whole area surrounded by the boundary line. Where uncertainty exists as to the boundaries of any district shown on said maps, the following rules shall apply:

A.

Where boundaries are indicated as approximately following street and alley lines, land lot lines, or lot lines, such line shall be construed to be such boundaries.

B.

In unsubdivided property or tracts, where a district boundary divides a lot, the location of such boundaries, unless same are indicated by dimensions, shall be determined by use of the scale appearing on such maps.

C.

Where a public road, street, or alley is officially vacated or abandoned, the regulations applicable to the property to which it is reverted shall apply to such vacated or abandoned road, street, or alley.

D.

The city manager or their designee shall decide all questions or disputes which may arise relative to the interpretation of the zoning district boundaries. Appeals to these decisions can be made to the Board of Adjustment in accordance with section 1.3.2.

The regulations herein set out within each district shall be minimum or maximum limitations, as the case may be, and shall apply uniformly to each class or kind of structure, use, or land or water. Except as hereinafter provided:

A.

Zoning affects use or occupancy. No building, structure or part thereof, land, or water shall hereafter be used or occupied, erected, constructed, reconstructed, located, moved, or structurally altered except in conformity with the regulations herein specified.

B.

Zoning affects height of structures, population density, lot coverage, yards, and open spaces. No building or structure shall hereafter be erected or altered in any manner contrary to the provisions of these zoning regulations, and especially:

1.

To exceed height, floor area ratios, or building area;

2.

To provide a greater number of dwelling units;

3.

To provide less lot area per dwelling unit or to occupy a smaller lot;

4.

To occupy a greater percentage of lot area;

5.

To provide narrower or smaller yards, courts, or other open spaces; or

6.

To provide for lesser separation between buildings or structures or portions of buildings or structures.

C.

Multiple use of required open space prohibited. No part of a required yard or other required open space, required off-street parking, or off-street loading space, provided in connection with one building, structure, or use shall be included as meeting the requirements for any other building, structure, or use, except where specific provision is made in these zoning regulations.

D.

Reduction of lot area prohibited. No lot or yard existing at the effective date of these zoning regulations shall thereafter be reduced in size, dimension, or area below the minimum requirements set out herein, except by reason of a portion being acquired for public use by dedication, condemnation, or purchase. Lots or yards created after the effective date of these zoning regulations shall meet at least the minimum requirements established herein.

E.

Continuity of zoning. In the event any unincorporated territory shall hereafter become incorporated, there shall be no lapse of zoning. Any and all zoning regulations which may be in effect in such territory shall remain in full force and effect and shall continue to be administered and enforced until such time as municipal zoning within such territory shall be adopted and take effect.

F.

Effect on lots. Every building or structure hereafter erected shall be located on a lot as defined herein. When an unrecorded lot or nonunified parcel of land is used, the owner thereof shall furnish the city manager or his designee a statement of unity of title, allocating to such uses a specific area of land, the unity of which shall not be subject to further subdivision and shall furnish proof of legal access thereto. Unity of title shall be accomplished by providing to the city an individual parcel number, obtained from the property appraiser's office, for the parcel of land being used. Uses, area, and yard requirements for such unrecorded lots or nonunified parcels shall be the same as for lots of record located in the same district.

The following general provisions shall apply to all zoning districts forming the base set of requirements for each of the zoning district's individual requirements:

A.

Description of districts. Each zoning district or group of zoning districts provides a description of the district and its intended development pattern and character for which all of the standards within the zoning district shall be consistent with.

B.

Permitted uses.

1.

Primary uses. Primary uses of shall be permitted either as "by-right" or as "conditional uses" as referenced in the regulations for each zoning district. In some instances, additional use-specific regulations may be applicable pursuant to article 14 of this chapter.

2.

Accessory uses and structures. Uses and structures unless stated otherwise in the zoning district regulations are those which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures;

b.

Are located on the same lot as the permitted principal use or structure, or on a contiguous lot in the same ownership;

c.

Do not involve operations or structures not in keeping with the character of the zoning district.

3.

Similar uses. A use not specifically listed in the development/lot requirements table of a particular zoning district but possessing similar characteristics, including but not limited to size, intensity, density, operating hours, demands on public facilities such as water, sewer, traffic or environmental impacts, and business practices, may be allowed upon approval by the city manager or their designee if that use is not listed elsewhere in another zoning district in the city. Such uses shall be subject to all requirements of the uses to which they are similar.

C.

Development/Lot Requirements. The minimum or maximum requirements for each lot or development are as referenced in the regulations of each zoning district. The following additional regulations shall also apply:

1.

Minimum site area. Each structure shall be located on a lot or parcel of land having a minimum usable area (See definitions, "Net usable area") and a minimum lot width.

2.

Maximum lot coverage. Maximum lot coverage shall be calculated for all buildings including accessory buildings unless specified otherwise and shall not exceed that listed in the regulations for each zoning district.

3.

Minimum dwelling size. Each dwelling shall have a minimum living area, not including garages, carports, open or screened porches, or breezeways as indicated in the regulations for each zoning district.

4.

Maximum impervious coverage. The maximum impervious surface coverage of a lot shall not exceed that listed in the regulations for each zoning district. See section 3.15.1 for what constitutes an impervious surface and its requirements.

D.

Yard Requirements. The setback requirements for permitted, conditional, and accessory structures are as referenced in each zoning district's requirements.

E.

Height. The height of permitted, conditional, and accessory structures shall not exceed that referenced in the regulations for each zoning district or as may be specifically stated elsewhere in this LDC.

F.

Density. The density of development within each zoning district shall not exceed that listed in the zoning districts' individual requirements expressed as either the number of dwelling units per acre for residential development or as a floor area ration (FAR) for non-residential development.

G.

Minimum recreation and open space. Area will be required to be set aside expressed as a percentage of site area for certain developments as referenced in each of the zoning district's requirements or as noted in article 9 of this chapter. If there is a conflict between the zoning district's recreation and open space requirements and that of article 9, the stricter provision shall apply.

H.

Parking requirements. Off-street parking and/or loading for vehicles and bicycles shall be provided in accordance with chapter 4, article 2 of the LDC.

I.

Sign regulations. See article 16 of this chapter.

J.

Landscaping and Buffer Requirements. See article 8 of this chapter.

K.

Supplemental district regulations. Due to the unique nature of each zoning district, some zoning district regulations may contain requirements unique to that zoning district and will be listed within the regulations for each zoning district.

The following zoning districts are compatible with and are to be only assigned within the land uses listed below and as designated on the city's comprehensive plan, future land use map:

A.

Description of district. The lands included within the agriculture district are intended to provide for an agricultural district where the predominant character of the land is for agricultural use or for large lot agricultural estate development which is located primarily on the fringe of urban growth or pockets within such growth where the predominant character of urban development has not yet been fully established, or the future development of which is uncertain. The regulations in this district are intended to provide for primary agricultural use while at the same time preventing the creation of conditions which would become a nuisance or possible safety hazard and which would generate high levels of traffic.

B.

Permitted uses. Only the following uses are permitted in this zoning district as follows:

1.

Primary uses.

Notes:

¹  See requirements of City Code Chapter 8 that requires adherence to certain locational and operational standards.

²  Development and design standards apply.

2.

Accessory uses. Uses and structures which:

a.

Meet the provisions of section 3.3.1.B.2;

b.

Do not involve the conduct of business on the premises except as provided herein; and

c.

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in this zoning district.

C.

Development/lot requirements.

D.

Yard requirements.

E.

Height requirement.

F.

Accessory buildings. Accessory buildings and structures which are ancillary to the agricultural use shall maintain the same front and side yards as the main structure; however, they shall not project beyond the established building line. Rear yards shall be a minimum of 15 feet.

More than one dwelling unit may be allowed on agriculturally zoned property provided such unit is ancillary to the agricultural use or is in keeping with the uses normally found on agricultural land and for each dwelling unit a minimum of 43,560 square feet of site area shall be required. (A dwelling unit may include a mobile/manufactured home.)

G.

Minimum recreation and open space. See chapter 4, article 9 of this LDC.

H.

Fences. Fences in an agricultural zoning district shall not be restricted as for other residential zoning districts. Fences shall be allowed to be constructed and maintained around the entire perimeter of the property with the height limited to eight feet provided all sight distances are maintained on corner lots.

I.

Medical marijuana cultivation and processing. Medical marijuana cultivation and processing as defined in section 8.2.2 of the Land Development Code is permitted as a conditional use in the agricultural district.

A.

Description of district. These districts comprise certain lands, water, and structures having a low density of development; they are single-family residential in character and have additional open space where it is desirable and likely that such similar development will occur and continue. Uses are limited primarily to single-family dwellings and such non-residential uses as are intended to provide service to the immediate and adjacent areas.

B.

Permitted uses. Only the following uses are permitted in this zoning district as follows:

1.

Primary uses

2.

Accessory uses. Uses and structures which:

a.

Meet the provisions of section 3.3.1.B.2;

b.

Do not involve the conduct of business on the premises except as provided herein; and

c.

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in this zoning district.

C.

Development/lot requirements.

D.

Yard requirements.

E.

Height requirements.

F.

Density. No residential project within any residential district shall be approved at a density which exceeds the maximum allowable density for the land use category in which the property is located, and the capacity of water, sewer or traffic circulation systems serving the site, taking into account other existing and approved project demands regardless of the size or configuration of the lots proposed for the development.

G.

Minimum recreation and open space. See chapter 4, article 9 of the LDC.

A.

Description of district. The R-2 zone is composed of certain areas intended to provide more intensive land use than single-family districts. Provision is made for the erection of duplex dwelling structures but no multifamily structures. These districts are situated so that they are well served by public and commercial services and have convenient access to thoroughfares and collector streets.

The R-2A zone is composed of certain areas intended to allow an increase in density by allowing smaller lots but limiting the uses to single-family residences.

B.

Permitted uses. Only the following uses are permitted in this zoning district as follows:

1.

Primary uses.

2.

Accessory uses. Uses and structures which:

a.

Meet the provisions of section 3.3.1.B.2;

b.

Do not involve the conduct of business on the premises except as provided herein; and

c.

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in this zoning district.

C.

Development/lot requirements.

D.

Yard requirements.

E.

Height.

F.

Density. No residential project within any residential district shall be approved at a density which exceeds the maximum allowable density for the land use category in which the property is located, and the capacity of water, sewer or traffic circulation systems serving the site, taking into account other existing and approved project demands regardless of the size or configuration of the lots proposed for the development.

A.

Description of district. These districts are composed of certain medium and high-density residential areas, plus open space and recreation areas required to service such density, where it is likely and desirable to extend such type of development as identified in the city comprehensive plan. These districts may also serve as a mitigation district for those lands which restrict development activity because of particular conservation concerns as identified in the city comprehensive plan. Due to the higher-than-average concentration of persons and vehicles, these districts are situated where it is well serviced by public and commercial services. Also included in this district are architecturally integrated subdivisions, townhouses, cluster subdivisions and condominium projects.

B.

Permitted uses. Only the following uses are permitted in this zoning district as follows:

1.

Primary uses.

2.

Accessory uses.

a.

Uses and structures that meet the following provisions shall be considered accessory and therefore permitted if they:

(1)

Meet the provisions of section 3.3.1.B.2;

(2)

Do not involve the conduct of business on the premises except as provided herein; and

(3)

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in this zoning district.

b.

Permitted accessory uses and structures for single-family, two-family (duplex) and cluster subdivision structures within the R-3 and R-4 zoning districts shall meet the requirements under section 3.3.1, "General provisions for agricultural and residential zoning districts."

c.

Permitted accessory uses and structures for multifamily, condominium projects, townhouses or architecturally integrated subdivision units shall be designed exclusively for the use of the complex residents and shall, except for carports and/or garages, be located within the complex and not on the perimeter.

C.

Development/lot requirements.

D.

Yard Requirements.

1.

Setback regulations for single-family, two-family (duplex) and cluster home subdivisions shall be as shown below:

2.

Multiple-family dwellings, townhouses, condominium projects, architecturally integrated subdivisions and non-dwelling structure setback regulations shall be as shown below:

E.

Height Requirements.

1.

The maximum height of a structure or building shall be as follows:

2.

Any building or structure may exceed 35 feet in height in the R-3 and R-4 zoning districts providing the following conditions are met:

a.

Adequate fire protection is provided by internal fire abatement systems being constructed and such fire protection must be verified by the city manager or his designee.

b.

Adequate water supply and pressure are provided on the site and approved by the city manager or his designee.

F.

Density.

1.

Maximum density shall be set at the time of zoning; however, in no case shall the maximum density for R-3 exceed ten dwelling units per net residential acre.

2.

In no case shall the maximum density for R-4 exceed 18 dwelling units per net residential acre.

3.

No rezoning, or project within the R-3 or R-4 districts shall be approved at any density which exceeds the capacity of water, sewer or traffic circulation systems serving the site, taking into account existing and approved project demands, or the ability of the city police and fire departments to adequately provide service demands of the density.

G.

Minimum recreation and open space. Such common open space must be reasonably compact and at least one open space area shall provide usable area for the purposes of informal and unstructured recreation and relaxation. Retention areas, provided they are constructed and maintained to provide for recreation access, may also be used in the calculation of this requirement.

1.

Generally. Recreation and open space shall be provided pursuant to chapter 4, article 9 of the LDC. Where a conflict exists between these requirements and that of chapter 4, article 9, the stricter provision shall prevail.

2.

Cluster subdivisions. Common open space, miniparks, and/or greenbelts shall be provided within the subdivision in the amount equivalent to 500 square feet per buildable lot of useable recreation and open space. The amount of useable open space that must be set aside shall be:

a.

A minimum of one-half acre in size.

b.

Usable for the purpose of recreation, greenbelts, miniparks, and is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation.

c.

Not encumbered with any substantial structure. (This would not include pools, screen rooms or recreational facilities constructed as accessory to the subdivision.)

d.

Not devoted to use as a roadway, parking area, sidewalk, or right-of-way.

e.

Legally and practicably accessible to the residents of the cluster subdivision, and/or to the public if dedication of the open space is required pursuant to the city's comprehensive plan.

3.

Multiple-family dwellings, townhouses, condominium projects, and architecturally integrated subdivisions.

a.

Common open space, miniparks, and/or greenbelts shall be provided within the project/subdivision in the amount equivalent to 250 square feet per dwelling unit. The required minimum of one open space area shall provide a minimum of 2,000 square feet of usable area.

b.

No less than 25 percent of the gross land area of the project/subdivision shall be set aside for common open space.

4.

Non-dwelling purposes.

a.

Common open space for areas developed for non-dwelling purposes shall provide 15 percent of the gross land area of the project for useable open space.

H.

Parking. For complete design standards and requirements according to use, see the regulations of chapter 4, article 2 of the LDC.

I.

Architecturally integrated subdivision provisions. The intent of architecturally integrated subdivisions is to allow the developer to create lots and construct buildings without regard to any minimum lot size, lot width, or setback restrictions, except for those noted below and in which approval is obtained, not only for the division of land into lots but also for a configuration of principle buildings to be located on such lots. Architecturally integrated subdivisions require that the approved plans show the location, height, and minimum dimensions of all structures to the extent necessary to comply with the purpose and intent of architecturally integrated subdivisions. This subdivision type is essentially for the subdivision of buildings, rather than the subdivision of land, and allows for "fee simple" ownership of such buildings.

Within architecturally integrated subdivisions, the following standards shall apply:

1.

Lot boundary setback requirements shall apply where and to the extent that structures constructed on the subdivided tracts meet setback requirements set forth in section 3.5.3.D above, to abutting lands not a part of the architecturally integrated subdivision.

2.

All units within an architecturally integrated subdivision shall access a main collector or arterial roadway by a street within the architecturally integrated subdivision.

3.

Each lot must be of sufficient size and dimension that it can accommodate the structure proposed to be located on it consistent with all other applicable requirements of this section.

4.

The number of dwelling units in an architecturally integrated subdivision cannot exceed the maximum density authorized for the tract under section 3.5.3.C of these regulations.

5.

To the extent reasonably practicable in residential subdivisions, the amount of land "saved" by creating lots that are smaller than the standards set forth above, shall be set aside as usable open space. (See section 3.5.3.G for specific requirements.)

6.

The purpose of this section is to provide flexibility, consistent with the public health and safety, and not to increase overall density to the developer that subdivides property and constructs buildings on the lots created in accordance with the unified and coherent plan of development.

7.

Architecturally integrated subdivisions are required to apply for subdivision approval as specified in subdivision regulations, chapter 2, article 5 of the Land Development Code.

8.

Necessary legal mechanisms need to be recorded with the subdivision to ensure:

a.

Ownership and proper maintenance of common areas.

b.

Architectural integrity of the buildings/structures remain intact with the original plan of development.

9.

Landscaping and buffers are required as set forth in landscaping, chapter 4, article 8 of these regulations.

J.

Cluster subdivision provisions. The intent of cluster subdivisions is to allow the subdivision of smaller lots provided the developer leaves the land "saved" by so doing as usable open space, thereby lowering development costs and increasing the amenity of the project.

1.

Within cluster subdivisions, in the R-3 zoning district, the following standards shall apply:

a.

In any cluster subdivision, the developer may create lots and construct buildings provided such lots shall be a minimum of 6,000 square feet and all other zoning restrictions for single-family structures are met. The land area saved by clustering shall be incorporated into usable recreation and open space and comprise at least 10,000 square feet of unified usable space.

b.

The number of dwelling units in a cluster subdivision shall not exceed the maximum density authorized for the tract under section 3.5.3.C of these regulations.

c.

Cluster subdivisions are required to apply for subdivision approval as specified in subdivision regulations, chapter 2, article 5 of these regulations.

2.

Within cluster subdivisions, in the R-4 zoning district, the following standards shall apply:

a.

In any single-family residential subdivision in the R-4 zone, a developer may create lots that are smaller than those required in a standard subdivision, provided that:

(1)

The lots created shall be a minimum of 5,000 square feet and all other zoning restrictions for single-family structures are met.

(2)

The number of dwelling units does not exceed the maximum density authorized for the tract under section 3.5.3.C.

(3)

The amount of usable open space that must be set aside shall be as referenced in section 3.5.3.G.

(4)

Setback and yard requirements shall be as set forth in section 3.5.3.D.

K.

Deed covenants and recorded condominium documents. Within condominium and townhouse projects, deed covenants and all recorded condominium documents as required by the state shall be required and filed with the Community Development Department prior to issuance of certificate of occupancy to ensure the maintenance and upkeep of areas and facilities retained in common ownership in order to provide a safe, healthful, and attractive living environment and to prevent the occurrence of blight and deterioration of the individual units within the complex.

A.

Description of district. These districts are composed of certain areas suitable for the use of manufactured/mobile homes and for residential purposes and when they are compatible with adjoining and nearby present and future development within the city.

Additionally, the Manufactured/Mobile Home Annexation District (MH-A) is designed for individual lots and parcels.

1.

All individual lots or parcels heretofore regularly zoned for manufactured/mobile home use in the unincorporated areas adjoining the city, which have been annexed to the city since the same was established by Laws of Fla. ch. 65-2166, and which at the time of annexation were assigned to a manufactured/mobile home zoning classification.

2.

An individual lot or parcel, heretofore regularly zoned and utilized for manufactured/mobile home use in an unincorporated area adjoining the city upon application by its owner for, and its subsequent, annexation to the city.

3.

An individual lot or parcel, heretofore regularly zoned but not utilized for manufactured/mobile home use (i.e., vacant) in an unincorporated area adjoining the city upon application by its owner for, and its subsequent, annexation to the city; provided that in the case of a vacant lot, prior to annexation, there shall be a finding by the city council that manufactured/mobile home use for such lot is the only use compatible with the adjoining and nearby uses.

The mixing of manufactured/mobile homes and conventional dwellings in a neighborhood is found to be incompatible and is specifically prohibited by these regulations.

B.

Permitted uses. Only the following uses are permitted in this zoning district as follows:

1.

Primary uses.

2.

Accessory uses.

a.

Uses that are customarily accessory and clearly incidental and subordinate to primary uses and structures listed above shall be permitted if:

(1)

Do not involve the conduct of business on the premises;

(2)

Are located on the same lot or parcel as the manufactured/mobile home park;

(3)

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in a manufactured/mobile home park; and

(4)

Do not involve operations or structures not in keeping with the character of a manufactured/mobile home park.

b.

The following accessory uses have additional regulations as noted below:

(1)

Park and recreation facilities may include recreation rooms or centers, courts for games, docks, piers, boat launching areas, etc.; excluded are facilities for boat repair or storage.

(2)

Enclosed storage structures and storage garage facilities are limited to park residents only.

(3)

Emergency shelter structures and facilities are permitted and shall be designed to accommodate all of residents of a mobile home park, mobile home subdivision, or travel trailer & RV park/campgrounds.

C.

Development/lot requirements.

D.

Yard requirements.

E.

Height requirements.

F.

Density. See sections 3.5.4.I K for restrictions on density.

G.

Recreation and open space requirements. See sections 3.5.4I K and chapter 4, article 9 of the LDC for recreation and open space requirements. Where a conflict exists between these requirements and that of chapter 4, article 9, the stricter provision shall prevail.

H.

Parking. See sections 3.5.4.I K.

I.

Manufactured/mobile home park standards. Manufactured homes and mobile home parks shall be processed in accordance with procedures established in the city subdivision regulations (article 4 of chapter 2 of the LDC). Regulations provided for most zoning districts as to yards, height, etc., are not applicable to the proper development of a manufactured/mobile home park, and the following development standards are to apply to the development of manufactured/mobile home parks:

1.

Minimum park area. Twenty acres, with access from the manufactured/mobile home park to a major street over publicly maintained roads. This minimum area applies to all new parks and to all new portions of already existing manufactured/mobile home parks

2.

Maximum density of units per gross acre. Six units with a minimum lot area of 4,000 square feet.

3.

Minimum number of spaces completed and ready for occupancy. Minimum number of spaces completed and ready for occupancy before first occupancy is permitted: 32 spaces.

4.

Street design standards. Streets may be private streets and shall be constructed in accordance with chapter 6, design standards.

5.

Access. Access shall be designed for safe and convenient movement of traffic into and out of the park, with minimization of marginal friction with free movement for traffic on adjacent streets. All vehicular traffic into and out of the park shall be through such designated entrances and exits.

6.

Communications systems. Communications systems shall not be audible beyond park boundaries. Outside public address systems are prohibited.

7.

Utilities.

a.

Street lighting shall be installed, which may be overhead or low level; the source of light shall not be visible beyond park boundaries and all light shall be reflected into the street or pedestrian way.

b.

Each manufactured/mobile home stand shall be provided with an approved type 115-230 volt electric service and meeting minimum requirements of the Florida Building Code.

c.

Each manufactured/mobile home stand shall be connected to central water and sewer. No individual water supply or sewage disposal system shall be permitted in any manufactured/mobile home park.

d.

All utilities distribution and collection systems, including those for water, sewer, electricity, telephone, gas, and television cable shall be underground. Electric power, water supply and central gas systems (if used) shall be serviced by individual meters.

8.

Utility easements. Landscaped utilities easements shall be provided along the front of each manufactured/mobile home stand. Easement locations are subject to the approval of the public works and electrical utilities departments. Such easements, where provided, shall not be less than ten feet in width. No permanent structures shall be located within such utility easements. All utilities shall be located within such easements, if provided, or in easements adjacent to street pavements or in buffer areas as set forth in paragraph J. of this section.

9.

Recreation facilities. A minimum requirement of 20 percent of the gross land area of the park or 1.5 acres, whichever is greater, shall be developed for active or passive recreational purposes. No manufactured/mobile home site, required buffer strip, street right-of-way, storage area, utility site, or utility easement shall be counted as recreation area in meeting this requirement. Recreational areas and facilities shall be owned and operated by the park management or by an owners' association. All such facilities shall be made easily accessible to each manufactured/mobile home site.

10.

Buffer areas.

a.

A landscaped buffer area shall be provided along the boundaries of a manufactured/mobile home park. The minimum depth of the buffer area is determined by the land use or street classification adjacent to the park as follows:

b.

Such buffer strips may be used for drainage structures and utility easements but shall not be used for any other purpose.

c.

All such buffer strips (except for waterfront and abutting manufactured/mobile home zones) shall be planted in suitable ground cover material and shall contain a planting screen at least six feet high with opacity of at least 75 percent after 12 months growth, which screen shall extend the length of the buffer strip except for driveway or pedestrian way openings.

d.

A completely opaque structure at least six feet in height may be substituted for the planting screen, but the remainder of the required buffer strip (and the total buffer strip for waterfront and abutting manufactured/mobile home zones) shall be planted and permanently maintained in suitable ground cover, as determined by the city manager or his designee.

11.

Off-street parking. Two off-street parking spaces for each manufactured/mobile home stand plus one space for each 100 square feet of gross floor area in offices, laundry facilities, recreation buildings, and the like.

12.

Manufactured/mobile home installation standards and onsite inspection. All manufactured/mobile homes shall be installed and inspected for compliance with F.A.C. ch. 15C-1, Rules of the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, placed on a foundation that shall consist of a series of concrete or metal blocks or piers or concrete pads with a bearing area of not less than 144 square inches or equivalent. Bearing pads shall be spaced not less than ten feet apart along both sides of the manufactured/mobile home. In addition, each manufactured/mobile home shall be firmly fastened to the ground with no less than four anchors of the screw auger, arrowhead, deadman, or equivalent type with a horizontal area of at least 28 square inches, and with a below ground depth of not less than 36 inches, such anchors to be located near each corner of the manufactured/mobile home.

13.

Skirting. Each manufactured/mobile home shall have skirting or such construction as approved by the city manager or his designee.

14.

General design and setback restrictions. Designers of manufactured/mobile home parks shall utilize contemporary design practices and shall avoid monotonous and obsolete rectilinear or herringbone design for location of manufactured/mobile home stands. Ten-foot setbacks shall be provided from front of unit to street line. All units shall be placed on lots to ensure the following minimum separation:

15.

Procedures.

a.

Applications for rezoning to MH-2 classification for manufactured/mobile home park purposes shall present such preliminary site and construction plans and draft prospectus as will provide the planning commission and the city council with a sound basis upon which to reach a decision. Upon rezoning, manufactured/mobile home parks shall be processed in accordance with procedures established in the city subdivision regulations.

b.

A final plat of record is not required. Minimum building elevations, street construction requirements and drainage improvement requirements shall be as required in new subdivisions. If right-of-way dedications for public streets or drainage canals or easements are required, said dedication certificates shall be conveyed to the city prior to the completion of the requirements of the next paragraph of this subsection.

c.

After all required improvements (streets, street lighting, central sewer and water, drainage, etc.) have been completed for a park, or an approved construction unit of a park, the city departments involved in the preliminary site plan procedures shall be in writing confirm to the city manager or his designee that said improvements have been completed. Until a site is approved for occupancy, no manufactured/mobile homes shall be placed thereon.

16.

Status of existing manufactured/mobile home parks. Existing manufactured/mobile home parks, which have a permit to operate under F.S. ch. 513, may, regardless of land area, be rezoned to MH-2 classification after demonstrating that they meet all minimum health and sanitation requirements as determined by the county health department and all requirements for health and safety as determined by the city Community Development Department.

J.

Manufactured/mobile home subdivision standards. A manufactured/mobile home subdivision, permissible as a conditional use in the MH-2 district, is a subdivision and the standards and procedures set forth in the city subdivision regulations, except as specifically set forth herein, shall apply to such subdivision. The development standards for manufactured/mobile home parks set forth herein under section 3.5.4.I above shall apply to manufactured/mobile home subdivisions, except for subsections 1., 2., 3., and 4.

The following supplemental development standards for manufactured/mobile home subdivisions are hereby set:

1.

Minimum site area, lot width, dwelling size, maximum lot coverage and required setbacks. Minimum site area, lot width, dwelling size, maximum lot coverage and required setbacks shall be as referenced in section 3.5.4.C, D, and E.

2.

Buffers. As for manufactured/mobile home parks, section 3.5.4.H. 10.

3.

Procedure. Once rezoning to MH-2 classification has been obtained and a conditional use secured, procedures shall be as under the city subdivision ordinance. An application for rezoning and a petition for conditional use may be jointly filed and acted upon.

K.

Travel trailer/RV parks and campgrounds standards. Sites in travel trailer/RV parks and campgrounds, permissible as conditional uses in the MH-2 district, shall be occupied only by travel trailers, pickup coaches, camping trailers, RVs and other vehicular accommodations suitable for temporary habitation and use for travel, vacation, and recreation purposes. No permanent external appurtenances such as carports, cabanas, or patios may be attached to any travel trailer or other vehicular accommodation parked in a travel trailer/RV park or in the travel trailer/RV section of a manufactured/mobile home park, and the removal of wheels and placement of the unit on a foundation in such a park or section of a manufactured/mobile home park is prohibited. Camping in tents is permitted only in travel trailer/RV parks having a total site area of greater than 15 acres.

1.

Minimum park area. Ten acres.

2.

Location and access. A travel trailer/RV park or campground shall be so located that no entrance or exit from a park shall discharge traffic into any residential district, nor require movement of traffic from the park through a residential district. A travel trailer/RV park or campground shall have a minimum of 150 feet of frontage on a public street and shall not discharge traffic through or onto any local or collector residential street.

3.

Site conditions. Condition of soil, groundwater level, drainage, and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion of the park subject to flooding, subsidence, or erosion shall be used for any purpose which would expose persons or property to hazards.

4.

Length of stay. Permanent occupancy in a travel trailer/RV park or in the travel trailer/RV section of a manufactured/mobile home park is prohibited except for park owners or manager. No occupant of such space shall remain in the same travel trailer/RV park more than 180 days.

5.

Accessory uses. Management headquarters, recreational facilities, toilets, dumping stations, coin operated laundry facilities and other uses and structures customarily incidental to operation of a travel trailer/RV park or campground are permitted as accessory uses to the park.

6.

Streets. Streets in travel trailer/RV parks and campgrounds may be private but shall be constructed with a stabilized travelway of a material approved by the city manager or his designee and shall meet the following minimum width requirements:

7.

Buffers. As for manufactured/mobile home parks, section 3.5.4.H.10.; provided that at the time of the granting of a conditional use, additional buffer areas and types may be required in developed areas in the areas in projected future growth.

8.

Sites. Each travel trailer/RV site or space shall be at least 2,500 square feet in area. Each site shall contain a stabilized vehicular parking pad of a material approved by the city manager or his designee. No part of a travel trailer/RV or other unit placed on a travel trailer/RV site shall be closer than five feet to a site line.

9.

Other regulations to be met. All other applicable regulations of the state and the city shall be met, and particularly, but not limited to, sanitary and safety facilities.

10.

Recreation facilities. A minimum of 15 percent of the gross site area for the travel trailer/RV park shall be set aside and developed as common use areas or open or enclosed recreation facilities. No travel trailer/RV site, required buffer strip, street right-of-way, storage area, or utility site shall be counted as meeting recreational purposes.

11.

Design of access to park. Entrances and exits to travel trailer/RV parks and campgrounds shall be designed for safe and convenient movement of traffic into and out of the park, and to minimize marginal friction with free movement of traffic on adjacent streets. All traffic into or out of the park shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements for vehicles with trailers attached. No material impediment to visibility shall be created or maintained which obscured the view of an approaching driver in the right lane of the street within: (a) 100 feet where speed limit is less than 45 miles per hour, or (b) 150 feet where speed limit is 45 miles per hour or more, of any portion of the approach lane of the access way within 25 feet of its intersection with the righthand lane of the street.

12.

Off-street parking, loading and maneuvering space. In connection with use of any travel trailer/RV park or campground, no parking, loading, or maneuvering incidental to parking or loading shall be permitted on any public street, sidewalk, required buffer, or right-of-way, or on any public grounds, or on any private grounds not part of the travel trailer/RV park, unless the owner has given written permission for such use. Each travel trailer/RV park shall provide off-street parking, loading and maneuvering space located and scaled so that the prohibitions above may be observed, and park owners shall be held responsible for violations of these requirements.

13.

Procedures.

a.

Applications for rezoning to MH-2 classification for travel trailer/RV park or campground purposes shall present such preliminary site and construction plans as will provide the planning commission and the city council a sound basis upon which to reach a decision. Upon rezoning, a petition for conditional use is required. An application for rezoning and a petition for conditional use may be jointly filed and acted upon.

b.

Applications for travel trailer/RV parks and campgrounds shall be processed in accordance with procedures set forth in the city subdivision regulations. The same information and data shall be furnished at each stage of plan approval as is required in subdivision plat approval, but no final plat shall be made of record.

c.

After all required improvements have been completed for a travel trailer/RV park or campground, or an approved construction unit of a park or campground, the city departments involved shall in writing confirm to the city manager or his designee (that said improvements have been completed. Until a site is approved) for occupancy, no travel trailer/RV or other unit shall be placed thereon.

L.

Combined manufactured/mobile home and travel trailer/RV park. Joint manufactured/mobile home parks and travel trailer/RV parks shall be conditional uses within the MH-2 zone. All development standards will be in accordance with section 3.5.4.I. The application for conditional use shall clearly delineate those areas to be devoted to such uses and shall particularly include details as to how the manufactured/mobile home section shall be buffered from the travel trailer/RV section. No mixing of travel trailer/RV and manufactured/mobile home sites is permitted. No vehicular access to the travel trailer/RV and manufactured/mobile home sites is permitted. No vehicular access to the travel trailer/RV section shall be through the manufactured/mobile home section of the park, and the manufactured/mobile home portion of the park shall have a least one entrance and exit which does not require passage through the travel trailer/RV or campground section. Recreation facilities may be jointly used, but the total percentages of land area to be devoted to recreation facilities must total the percentages as for manufactured/mobile home park and travel trailer/RV park or campground separately computed.

M.

Rezoning to MH-A Prohibited. No owner of a lot or parcel existing within the corporate limits of the city, following the establishment of the MH-A, manufactured home annexation district, shall make application for inclusion of such lot or parcel in the manufactured/mobile home annexation district by rezoning, nor shall such rezoning be permitted; inclusion in the manufactured/mobile home annexation district shall occur only as an initial zoning upon annexation.

A.

Description of district. The intent of the professional district is to promote orderly and logical development of land for offices and service activities, to discourage integration of noncomplimentary land uses that may interfere with the proper function of the district, and to assure adequate design in order to maintain the integrity of existing or future nearby residential areas. The ultimate site plan must provide a low intensity of land usage and site coverage to enable the lot to retain a well-landscaped image so as to readily blend with nearby residential areas; buildings are low profile. It is intended that a minimum number of points of ingress and egress be utilized in order to reduce the impact of traffic on adjacent streets and thus enhance traffic movement.

The

professional district is compatible with and is to be only assigned within a public institutional, professional/private, commercial, industrial or recreational land use designation on the city's comprehensive plan, future land use map.

B.

Permitted uses.

1.

Principal uses. Permitted and conditional uses allowed within the professional district are referenced in section 3.6.6.

2.

Accessory uses. Uses that are customarily accessory and clearly incidental and subordinate to primary uses and structures listed above and meet the conditions in section 3.3.1.B.2 shall be permitted.

C.

Development/lot requirements.

D.

Yard requirements.

E.

Height.

F.

Density. See floor area ratio referenced in section 3.6.1.C. This requirement may be modified based on the floor area ratio bonus option provided for in section 3.15.7.

G.

Recreation and open space requirements. See chapter 4, article 9.

H.

Parking.

1.

Parking space setback. Parking in the professional district shall be allowed in any required yard with appropriate setbacks established in chapter 4, article 2 of this Code, but shall not encroach into any required landscaped or buffer area per chapter 4, article 8 of this Code.

2.

Parking areas. All parking areas and drives used by the public in the professional district shall be paved. See chapter 6 of this Code for design standards.

3.

For complete design standards and requirements according to use, see the regulations of chapter 4, article 2 of this LDC.

I.

Sign regulations. See article 2 of chapter 4 of this LDC for sign regulations in this zoning district.

J.

Landscape and buffer requirements. Landscape and buffer requirements in this zoning district must be in accordance with article 8 of chapter 4 of this LDC.

K.

Supplemental district regulations.

1.

Outdoor storage, other than operable vehicles. No outdoor storage area shall be allowed unless approved as a conditional use. No outdoor storage area, except those for nurseries and greenhouses, shall cover an area in excess of ten percent of the site and no outdoor storage shall be allowed in front of the principal building, in any required yard area, or within 25 feet of a residential district. All outdoor storage areas shall be screened on all sides by a solid wall or a solid fence at least six feet high.

2.

Residential uses. Residential uses may be allowed on lots separate from nonresidential uses, but such lots shall not have frontage on an arterial road, except for Live Local Act Projects as defined in chapter 4, article 15 of the LDC where residential uses are permissible in this zoning district subject to meeting all eligibility and site design requirements.

3.

Mixed uses. Any allowed residential use may be placed in a separate building on the same lot with an allowed non-residential use, if it is located at the rear of the lot. Any residential use located in the same building as a non-residential use shall be on a floor above or to the rear area of the non-residential use. Any residential use located on the first floor shall only be used by the owner of the business, a resident manager of the business, or a security guard for the business, and their families. These restrictions do not apply to home occupations.

4.

Commercial lights. Where a professional district borders a residential district, incandescent lighting may be used for illuminating the parking area, advertising signs, or any portion of the property as long as direct light is not visible to drivers on the roadways or adjacent residential areas.

5.

Commercial sounds. No amplification of sound shall be permitted in the professional district which will carry to outside areas.

6.

Additional setback requirements. Greater setbacks may be required on certain properties in the professional district in order to accommodate cross access easements as may be required under article 12, joint-use driveways and service road provisions of chapter 6 of this Code or future right-of-way requirements.

7.

Required screening. In the professional district, trash dumpsters and such minor outside mechanical equipment typically attached or integral to a structure as air conditioners, compressors, propane tanks, electrical transformers solely used by that property, etc., as determined by the city manager or his designee, shall be screened with opaque material from view from any street rights-of-way. This requirement shall not apply to fire suppression equipment.

(Ord. No. 2024-22, § II, 4-25-2024)

A.

Description of district. The neighborhood business district is designed to serve those areas in the city that are predominantly residential in character but which require some neighborhood service establishments and shops. Such commercial uses permitted in the neighborhood business district shall be highly restrictive relative to size and scope of operation and designed to serve primarily the residents of the immediate neighborhood. The neighborhood business district is not intended for use by major or large scale commercial or service establishments.

The neighborhood business district is compatible with and is to be only assigned within a high density residential, commercial, or professional/private land use designation on the city's comprehensive plan, future land use map.

B.

Permitted uses.

1.

Principal uses. Permitted and conditional uses allowed within the professional district are referenced in section 3.6.6.

2.

Accessory uses. Uses that are customarily accessory and clearly incidental and subordinate to primary uses and structures listed above and meet the conditions in section 3.3.1.B.2 shall be permitted.

C.

Development/lot requirements.

D.

Yard Requirements.

E.

Height.

F.

Density. See floor area ratio referenced in section 3.6.2.C.

G.

Recreation and open space requirements. See article 9 of chapter 4.

H.

Parking.

1.

Parking space setback. Parking in the neighborhood business district shall be allowed in any required yard with appropriate setbacks established in chapter 4, article 2 of this Code, but shall not encroach into any required landscaped or buffer area per chapter 4, article 8 of this Code.

2.

Parking areas. All parking areas and drives used by the public in the professional district shall be paved. See chapter 6 of this Code for design standards.

3.

For complete design standards and requirements according to use, see the regulations of chapter 4, article 2 of the LDC.

I.

Sign regulations. See article 2 of chapter 4 of this LDC for sign regulations in this zoning district.

J.

Landscape and buffer requirements. Landscape and buffer requirements in this zoning district must be in accordance with article 8 of chapter 4 of this LDC.

K.

Supplemental district regulations.

1.

Outside storage. No business in the neighborhood business district shall be permitted to have outside storage of parts, supplies, materials or equipment.

2.

Fencing. Fencing in the neighborhood business district shall be allowed within the side and rear yards as authorized by section 3.15.3 of these regulations. If a side or rear yard abuts a right-of-way in the neighborhood business district (excluding street alleys), such side or rear yard fencing must meet a required 25-foot setback. Such fencing in the neighborhood business district shall be approved by the city manager or his designee and maintained as originally approved for permitting.

3.

Required screening. In the neighborhood business district, such minor outside mechanical equipment typically attached or integral to a structure as air conditioners, compressors, propane tanks, electrical transformers solely used by that property, etc., as determined by the city manager or his designee, shall be screened with opaque material from view from any street rights-of-way. This requirement shall not apply to fire suppression equipment.

A.

Description of district. The highway business district is composed of lands and structures used primarily to provide for the retailing of commodities and furnishing selected services. The regulations for the highway business district also intend to permit and encourage a full development of essential retail uses; at the same time, however, protecting nearby residential properties from any possible adverse effects of commercial activity and maintaining an attractive arterial corridor.

The highway business district is compatible with and is to be only assigned within a commercial or industrial land use designation on the city's comprehensive plan, future land use map.

B.

Permitted uses.

1.

Principal uses. Permitted and conditional uses allowed within the professional district are referenced in section 3.6.6.

2.

Accessory uses. Uses that are customarily accessory and clearly incidental and subordinate to primary uses and structures listed above and meet the conditions in section 3.3.1.B.2 shall be permitted.

C.

Development/lot requirements.

D.

Yard Requirements.

E.

Height.

F.

Density. See floor area ratio referenced in section 3.6.3C. This requirement may be modified based on the floor area ratio bonus option provided for in section 3.15.7.

G.

Recreation and open space requirements. See chapter 4, article 9.

H.

Parking.

1.

Parking space setback. Parking in the highway business district shall be allowed in any required yard with appropriate setbacks established in chapter 4, article 2 of this Code, but shall not encroach into any required landscaped or buffer area per chapter 4, article 8 of the Code.

2.

Parking areas. All parking areas and drives used by the public in the professional district shall be paved. See chapter 6 of this Code for design standards.

3.

For complete design standards and requirements according to use, see the regulations of chapter 4, article 2 of the LDC.

I.

Sign regulations. See article 2 of chapter 4 of this LDC for sign regulations in this zoning district.

J.

Landscape and buffer requirements. Landscape and buffer requirements in this zoning district must be in accordance with article 8 of chapter 4 of this LDC.

K.

Supplemental district regulations.

1.

Outdoor storage, other than operable vehicles. No outdoor storage area shall be allowed unless approved as a conditional use. No outdoor storage area, except those for nurseries and greenhouses, shall cover an area in excess often percent of the site and no outdoor storage shall be allowed in front of the principal building, in any required yard area, or within 25 feet of a residential district. All outdoor storage areas shall be screened on all sides by a solid wall or a solid fence at least six feet high.

2.

Amount of repair and manufacturing. Retail sales establishments may have accessory fabricating and repairing of goods on the premises provided, however, that such space does not exceed 20 percent of the gross floor area of the establishment, whether such space is located indoors or outdoors. This shall not limit the gross floor area devoted to repair activities in repair service establishments which are listed as a principal use.

3.

Location of repair and manufacturing. All repair and manufacturing processes conducted within 300 feet of a residential district shall be in completely enclosed buildings. Processes located at a greater distance may be located outdoors if approved as a conditional use and if enclosed by a solid wall or fence at least six feet high.

4.

Non-profit secondhand merchandise establishments. All sales and storage associated with a non-profit secondhand merchandise establishment must be within completely enclosed structures. These structures shall not contain less than 5,000 or more than 10,000 square feet of gross floor area.

5.

Residential uses. Residential uses may be allowed on lots separate from nonresidential uses, but such lots shall not have frontage on an arterial road, except for Live Local Act Projects as defined in chapter 4, article 15 of the LDC where residential uses are permissible in this zoning district subject to meeting all eligibility and site design requirements.

6.

Mixed uses. Any allowed residential use may be placed in a separate building on the same lot with an allowed nonresidential use, if it is located at the rear of the lot. Any residential use located in the same building as a nonresidential use shall be on a floor above or to the rear area of the nonresidential use. Any residential use located on the first floor shall only be used by the owner of the business, a resident manager of the business, or a security guard for the business, and their families. These restrictions do not apply to home occupations or Live Local Act Projects.

7.

Commercial lights. Where a highway business district borders a residential district, incandescent lighting may be used for illuminating the parking area, advertising signs, or any portion of the property as long as direct light is not visible to drivers on the highways or adjacent residential areas.

8.

Commercial sounds. No amplification of sound shall be permitted in the highway business district which will carry to outside areas.

9.

Additional setback requirements. Greater setbacks may be required on certain properties in the highway business district in order to accommodate cross access easements as may be required under article 12, joint-use driveways and service road provisions of chapter 6 of this Code or future right-of-way requirements.

10.

Required screening. In the highway business district, trash dumpsters and such minor outside mechanical equipment typically attached or integral to a structure such as air conditioners, compressors, propane tanks, electrical transformers solely used by that property, etc., as determined by the city manager or his designee, shall be screened with opaque material from view from any street rights-of-way. This requirement shall not apply to fire suppression equipment.

(Ord. No. 2024-22, § II, 4-25-2024)

A.

Description of District. The business commercial district is composed of lands and structures used primarily to provide for the retailing of commodities and furnishing selected services. The regulations for the business commercial district also intend to permit and encourage a full development of essential commercial uses; at the same time, however, protecting nearby residential properties from any possible adverse effects of commercial activity and maintaining an attractive arterial corridor.

The business commercial district is compatible with and is to be only assigned within a commercial or industrial land use designation on the city's comprehensive plan, future land use map.

B.

Permitted uses.

1.

Principal uses. Permitted and conditional uses allowed within the professional district are referenced in section 3.6.6.

2.

Accessory uses. Uses that are customarily accessory and clearly incidental and subordinate to primary uses and structures listed above and meet the conditions in section 3.3.1.B.2 shall be permitted.

C.

Development/lot requirements.

D.

Yard requirements.

E.

Height.

F.

Density. See floor area ratio referenced in section 3.6.4C.

G.

Recreation and open space requirements. See chapter 4, article 9.

H.

Parking.

1.

Parking space setback. Parking in the business commercial district shall be allowed in any required yard with appropriate setbacks established in chapter 4, article 2 of this Code, but shall not encroach into any required landscaped or buffer area per chapter 4, article 8 of the Code.

2.

Parking areas. All parking areas and drives used by the public in the professional district shall be paved. See chapter 6 of this Code for design standards.

3.

For complete design standards and requirements according to use, see the regulations of chapter 4, article 2 of the LDC.

I.

Sign regulations. See article 2 of chapter 4 of this LDC for sign regulations in this zoning district.

J.

Landscape and buffer requirements. Landscape and buffer requirements in this zoning district must be in accordance with article 8 of chapter 4 of this LDC.

K.

Supplemental district regulations.

1.

Additional buffering and/or landscaping. At the time of approval of the site plan or subdivision plan, additional buffering and/or landscaping may be required in the business commercial district in order to shield adjacent properties from any adverse external effects of the development.

2.

Outside storage. Outside storage of parts, supplies or materials may be approved in the business commercial district provided storage is in conjunction with the business and is located on the side or rear yard of said business and fenced as authorized by sections 3.20.2 and 3.20.4.C of this Code. Such fencing shall be constructed of opaque material. The fence shall be approved by the city manager or his designee and maintained as originally approved and permitted.

3.

Additional setback requirements. Greater setbacks may be required on certain properties in order to accommodate cross access easements as may be required under Article XI, "access control", joint-use driveways and service road provisions, of this Code or future right-of-way requirements.

4.

Required screening. In the business commercial district, such minor outside mechanical equipment typically attached or integral to a structure as air conditioners, compressors, propane tanks, electrical transformers solely used by that property, etc., as determined by the city manager or his designee, shall be screened with opaque material from view from any street rights-of-way. This requirement shall not apply to fire suppression equipment.

(Ord. No. 2024-22, § II, 4-25-2024)

A.

Description of district. In the CBD-1 and CBD-2 districts it is the intent to establish areas within which a wide diversity of services may be provided with as dense a use of land as is consistent with the requirements of health and safety. It is further the intent of CBD-1 and CBD-2 to be oriented to pedestrian and non-motorized movements of shoppers so that a social as well as commercial role of being the city's center shall be fulfilled.

CBD-1 is intended to apply to the historical six block downtown business area.

CBD-2 is intended to apply to the balance of the central business district.

The CBD-1 and CBD-2 districts are compatible with and are to be only assigned within a commercial land use designation on the city's comprehensive plan, future land use map.

B.

Permitted uses.

1.

Principal uses. Permitted and conditional uses allowed within the professional district are referenced in section 3.6.6.

2.

Accessory uses. Uses that are customarily accessory and clearly incidental and subordinate to primary uses and structures listed above and meet the conditions in section 3.3.1.B.2 shall be permitted.

C.

Development/lot requirements.

D.

Yard Requirements.

E.

Height.

F.

Density.

1.

See floor area ratio referenced in section 3.6.5.C. This requirement may be modified based on the floor area ratio bonus option provided for in section 3.15.7.

G.

Recreation and open space requirements. See chapter 4, article 9.

H.

Parking.

1.

Off-Street parking is not required in the CBD-1 and CBD-2 zoning districts for existing and renovated buildings under 50,000 square feet in size. New or renovated structures 50,000 square feet or greater are subject to parking requirements and shall meet 50 percent of required parking on-site or off-site surface parking lot or structured parking within 1,200 feet of the primary structure.

2.

Parking lot/space setback. No such parking lot/spaces shall be located closer than seven feet from a public right-of-way unless this requirement is reduced by a maximum of two feet for all or part of the lot by the city manager or their designee because the reduction would not be detrimental to the surrounding area based on consideration of nearby land uses and because one or more of the following criteria is satisfied:

a.

A historic structure is located on the lot and a reduction of the requirement would significantly increase the potential for the lot to accommodate the use.

b.

The lot has an area less than 10,000 square feet and a reduction of the requirement would significantly increase the potential for the lot to accommodate the use.

c.

One or more specimen trees, historic trees, large trees shall be saved by granting the reduction.

3.

For complete design standards and requirements according to use, see the regulations of chapter 4, article 2 of the LDC.

4.

Reduced parking requirements for Live Local Act Projects are outlined chapter 4, section 4.2.1 and 4.2.6.

I.

Sign regulations. See article 2 of chapter 4 of this LDC for sign regulations in this zoning district.

J.

Landscape and buffer requirements. Landscape and buffer requirements in this zoning district must be in accordance with article 8 of chapter 4 of this LDC.

K.

Supplemental district regulations.

1.

Residential uses. Residential uses may be allowed on lots separate from nonresidential uses, but such lots shall not have frontage on an arterial road, except for Live Local Act Projects as defined in chapter 4, article 15 of the LDC where residential uses are permissible in this zoning district subject to meeting all eligibility and site design requirements.

2.

Mixed uses. Any allowed residential use may be placed in a separate building on the same lot with an allowed nonresidential use, if it is located at the rear of the lot. Any residential use located in the same building as a nonresidential use shall be on a floor above or to the rear area of the nonresidential use. Any residential use located on the first floor shall only be used by the owner of the business, a resident manager of the business, or a security guard for the business, and their families. These restrictions do not apply to home occupations or Live Local Act Projects.

3.

Amount of repair and manufacturing. Retail sales establishments may have accessory fabricating and repairing of goods on the premises within completely enclosed buildings provided, however, that such space does not exceed ten percent of the gross floor area of the establishment. This shall not limit the gross floor area devoted to repair activities in repair service establishments which are listed as a principal use.

4.

Outdoor display of merchandise.

a.

Retail uses. Retail uses may have accessory outdoor display which is defined as the placement of merchandise, commodities, equipment, materials or articles outside of a building for the purposes of attracting customers and displaying examples of items that are for retail sale within a building. Display shall constitute the placement of one sample of an item for sale within the building in accordance with the allowable uses of the zoning district. Additional restrictions are as follows:

(1)

Display may be located in a public right-of-way provided the display is located on a sidewalk;

(2)

Display shall be limited to each side of a lot with, public street frontage and shall not exceed five square feet of display area for every lineal foot of building frontage facing that public street;

(3)

Display shall not include large furniture items or major appliances;

(4)

No display area shall be allowed for a side of a lot without public street frontage;

(5)

No display shall block a building entrance or obstruct a sidewalk in such a manner that there is less than a five-foot wide sidewalk path;

(6)

No display shall be located within any landscaped area.

b.

Method and time of display. Items shall be displayed in such a manner that the items for sale may be partially or completely viewed by the potential purchaser without opening a container of any type. Only a single unit of each type item may be displayed. The display of multiple units of any one item, except for potted plants or clothing, is prohibited. The stacking of items in bulk such as landscape, masonry, fencing or building materials shall not be permitted, except for potted plants. In items or display over six feet in height may be allowed outdoors. Merchandise shall only be displayed during the business hours of the seller. No signage is allowed with display of merchandise other than permitted in article 16 of this chapter.

c.

Display equipment. All equipment used to display the items for sale must be mobile and must be stored indoors or off site when the merchandise is not being displayed.

d.

Compliance timeframe. Existing outside display, sales or storage uses that are rendered nonconforming by virtue of enactment of these regulations shall be made conforming with the issuance of this amendment or shall be removed on or before May 23, 2017.

5.

Storefronts. In order to provide clear views of merchandise in stores and enhance the pedestrian shopping experience, the first-floor windows of all commercial buildings shall provide a view of the interior area within three feet of the opening.

6.

One percent for public art fund. To stimulate public spaces, economic development, and encourage a sense of ownership and community pride within downtown plazas, neighborhood and community centers, city parks and municipal buildings. Based on the estimates for new construction or renovation to increase gross square footage by greater than 150 percent of the original building, the capital project must include an amount dedicated to a public art fund, at the time of approval, which represents a combined amount for works of art, architectural enhancements or special landscaping treatment that is equal to one percent of the total cost of the project.

a.

Artworks may include physical works of art (such as sculptures or wall hangings,) architectural enhancements (such are decorative facade reliefs or murals as defined and designed in 4.10.3,) or special landscape treatment (such as fountains or water features) which may be integral parts of the building that are situated within or outside a building in highly visible areas.

b.

Artworks may be located in or near municipal facilities which have already been constructed.

c.

Artworks may be located in other areas where large numbers of people gather and are able to experience the works of art, enhanced architectural treatments or special landscaping.

d.

If an artwork is deemed inappropriate for the site as determined by the city council, the one percent may be used for other needs, purchases and projects for the public art program as may be further defined by resolution.

7.

In any CBD retail commercial district, outside storage of parts, supplies, materials, etc., may be approved provided storage is in conjunction with the business and is located on the side or rear yard of said business and fenced as authorized by sections 3.20.2 and 3.20.4.C. of this Code. Such fencing shall be constructed of opaque material. The fence shall be approved by the city manager or his designee and maintained as originally approved and permitted.

8.

Landscape and buffer requirements. Landscape and buffer requirements in the CBD-1 and CBD-2 districts must be in accordance with chapter 4, article 8 of this Code. The required landscaped yard in the CBD-1 and CBD-2 shall include the following additional requirements:

a.

Landscaping shall be provided in an amount equal to ten percent of the building footprint.

b.

One tree planted every 25 feet, or fraction thereof.

c.

If any off-street surface parking areas are adjacent to sidewalks, streets or other public rights-of-way, the following applies:

(1)

Landscaped strip of at least ten feet in width is required.

(2)

Hedge or other durable screen at least 18 inches in height immediately upon planting with expected growth to be 30 inches in height within one year after planting.

(3)

If the durable screen is of nonliving material, it cannot be a continuous screen, such as a wall. It may be other types of landscape treatment such as boulders, pylons, etc. However, these screens must be no greater than ten lineal feet per screen. Between these treatments, a hedge or other plant arrangement must be utilized. This must be done in such a manner as to screen the parking area and maneuvering area of the cars.

(4)

The remainder of the required landscaped areas shall be landscaped with grass, groundcover or other landscape or hardscape treatment that is consistent with the primary building architecture. The landscaping adjacent to the rights-of-way and any off-street surface parking areas shall be protected from vehicular encroachment by the use of curbing or wheel stops.

(Ord. No. 2024-22, § II, 4-25-2024; Ord. No. 2024-66, § I, 9-19-2024)

The following is a listing of uses permitted in the commercial zoning districts. Each use is listed with a "P" for permitted by-right, or "C" for conditional use within each zoning district column. Those uses listed in zoning district's column with neither a "P" or "C" shall be considered prohibited.

A.

Description of districts. The industrial districts are composed of areas of land in locations that are suitable to provide for research, technological applications, and industrial development. These areas are also suitable for those uses which are more intense or noncompatible with those uses within other commercial districts. The purpose of the industrial districts is to encourage and develop industrial applications of varying types and to protect surrounding land uses from encroachment of noncompatible uses, smoke, fumes, vibrations, or odors of any objectionable nature.

Industrial district 1 (I-1) is intended to provide for development which allows for office, research, technology application, warehousing and light industrial uses. In addition, this district provides for uses which are commercial in nature but are more intense or noncompatible with existing uses within commercial districts.

Industrial district 2 (I-2) is intended for development which is industrial in nature. Industrial uses are those activities which involve the manufacturing, fabricating, processing, converting, altering and assembling, warehousing and the testing of products. Also included are those administrative functions and uses which are required for proper management of, control of, and directly related to industrial activity.

B.

Permitted uses.

1.

Principal uses.

a.

Industrial district 1. No building, structure, or part thereof shall be erected, altered, or used, nor shall the premises be used in whole or in part in the light industrial, research, and technology district 1 (I-1) for other than one or more of the specified uses or conditional uses in section 3.7.3 and provided that:

(1)

Research, technological, or light industrial uses, and office uses that are related to light industry and research, and activities incidental and accessory thereto.

(a)

Research shall include theoretical and applied research in all sciences, product development and testing, engineering development, and marketing development.

(b)

Light industrial uses shall include manufacture, fabricating, processing, converting, altering and assembling, and testing of products, provided that no such use shall:

i.

Cause or result in dissemination of dust, smoke, gas or fumes, noise, vibration, or excessive light beyond the boundaries of the lot on which the use is conducted; menace by reason of fire, explosion, radiation, or other physical hazards; harmful discharge of waste materials; or unusual traffic hazards or congestion due to type or amount of vehicles required by or attached to the use. The performance standards for this subparagraph shall be those determined through professional review by the city manager, or his designee.

ii.

Be dangerous to the comfort, peace, enjoyment, health, or safety of the community or the abutting areas or tends to their disturbance or annoyance.

iii.

Be consistent with the appropriate and orderly development of the city and adjacent areas.

(c)

Office uses that relate to LIRT activities shall include, but are not necessarily limited to, those office uses related to scientific or industrial research, product development and testing, engineering development, and marketing development, and such other office uses ancillary to and compatible with LIRT uses.

b.

Industrial district 2 (I-2). No building, structure, or part thereof shall be erected, altered, or used, nor shall the premises be used in whole or in part in the industrial district 2 (I-2) for other than one or more of the specified uses or conditional uses in section 3.7.3 and provided that:

(1)

In order to serve the purpose of permitting a wide variety of compatible land uses, permitted uses are not limited to any particular number of specified uses. Rather, any use consistent with the purposes of this district and the city's comprehensive plan is permitted, provided that:

(a)

No use shall be permitted, excluding reasonable construction activity that:

i.

Emits significant quantities of dust, dirt, cinders, smoke, gases, fumes, odors, or vapors into the atmosphere. The performance standards for this subparagraph shall be those determined through professional review by the city manager, or his designee.

ii.

Emits any liquid or solid wastes or other matter into any stream, river or other waterway. The performance standards for this subparagraph shall be those determined through professional review by the appropriate state or federal regulatory agency.

iii.

Emits radiation or discharges glare or heat, or emits electromagnetic, microwave, ultrasonic, laser, or other radiation. The performance standards for this subparagraph shall be those determined through professional review by the appropriate state or federal regulatory agency.

iv.

Produces excessive noise or ground vibration perceptible without instruments at any point exterior to any lot. The performance standards for this subparagraph shall be those determined through professional review by the city manager, or his designee.

v.

Utilizes open storage, except for those uses provided for within these regulations and meet the provisions for such open storage.

c.

Sub-district I-2A. Within the I-2 district there shall be a sub-district known as industrial I-2A wherein no lot of less than 108 feet in width or 17,000 square feet shall be permitted. All other provisions of I-2 shall apply. No property shall be rezoned to an I-2A district after the effective date of September 22, 1988.

d.

Enclosed buildings and outside storage. All uses in the I-1 and I-2 districts, except for uses which would not maintain employees and would not require office facilities such as contractor storage yards, shall be maintained within an enclosed permanent building. Outside storage of parts, supplies or materials in the I-1 and I-2 districts may be approved provided storage is in conjunction with the business and is located in a side or rear yard of said business and fenced as authorized by section 3.15.3 of this Code. The fence shall be constructed of opaque material when adjacent uses are not zoned industrial. The fence shall be approved by the building official, or his designee, and maintained as originally approved

2.

Accessory uses. Permitted accessory uses and structures in the I-1 and I-2 districts shall be as follows:

a.

Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures; provided, however, that no residential facilities shall be permitted in the district except for watchmen or caretakers whose work requires residence on the premises or for employees who will be temporarily quartered on the premises.

b.

Hospitals or clinics in connection with industrial activity.

c.

Retail sales to the general public provided that are customarily accepted as being compatible and necessary to a permitted use within the district and:

(1)

If retail sales are incidental and subordinate to the principal research, technological, or light industrial uses in this district, no area reserved for retail sales, display of products, and accessible to the general public shall be greater than 20 percent of the area reserved for the principal use if located in the I-1 District; or

(2)

If retail sales are incidental and subordinate to the principal industrial uses in this district, no area reserved for retail sales, display of products, and accessible to the general public shall be greater than ten percent of the area reserved for the principal use.

C.

Development/lot requirements.

D.

Yard Requirements.

1.

Setbacks. Minimum setbacks from lot lines are shown below:

2.

Building separation for I-1 and I-2. Separation of principal buildings on the same property in the I-1 and I-2 districts shall meet the minimum standards set in the 5th Edition of the Florida Building Code, Section 304, Business Group B and Section 306, Factory Group F. The final building separation shall be determined by the building official and the fire marshal.

E.

Height.

F.

Density. See floor area ratio referenced in section 3.7.1C. This requirement may be modified based on the floor area ratio bonus option provided for in section 3.15.7.

G.

Recreation and open space requirements. A minimum of thirty percent of the gross site area shall be set aside and developed as common/recreation use areas or open space. In addition, chapter 4, article 9 of the LDC shall apply. Where a conflict exists between these requirements and that of chapter 4, article 9, the stricter provision shall prevail.

H.

Parking. For complete design standards and requirements according to use, see the regulations of chapter 4, article 2 of this LDC.

I.

Sign regulations. See article 2 of chapter 4 of this LDC for sign regulations in this zoning district.

J.

Landscape and buffer requirements. Landscape and buffer requirements in this zoning district must be in accordance with article 8 of chapter 4 of this LDC.

K.

Supplemental district regulations.

1.

Outdoor storage, other than operable vehicles. No outdoor storage area shall be allowed unless approved as a conditional use. No outdoor storage area, except those for nurseries and greenhouses, shall cover an area in excess often percent of the site and no outdoor storage shall be allowed in front of the principal building, in any required yard area, or within 25 feet of a residential district. All outdoor storage areas shall be screened on all sides by a solid wall or a solid fence at least six feet high.

2.

Repair and manufacturing. All repair and manufacturing processes conducted within 300 feet of a residential district shall be in completely enclosed buildings. Processes located at a greater distance may be located outdoors if approved as a conditional use and if enclosed by a solid wall or fence at least six feet high.

3.

Required screening. In the I-1 and I-2 district, such minor outside mechanical equipment typically attached or integral to a structure as air conditioners, compressors, propane tanks, electrical transformers solely used by that property, etc., as determined by the city manager or his designee, shall be screened with opaque material from view from any street rights-of-way. This requirement shall not apply to fire suppression equipment.

(Ord. No. 2024-22, § II, 4-25-2024)

A.

Description of districts. Industrial park (PUD) district 3 (I-3) is intended for negotiated industrial development which allows for maximum flexibility of design within the portion of the parcel that can be developed. The industrial park district 3 (I-3) district permits planned unit developments which are intended to promote efficient and economical land use, an improved level of amenities, appropriate and harmonious variety in physical development, creative design, improved industrial and commercial environments, orderly and economical development in the city, and the protection of adjacent and nearby existing and future city development. The industrial park district 3 (I-3) district is suitable for development, redevelopment and conservation of land, water, and other resources of the city.

B.

Permitted uses.

1.

Principal uses.

a.

Uses and conditional uses permitted. The uses permitted within the industrial park district (I-3) may include any uses and conditional uses established in section 3.7.3 established for the I-1 and I-2 zoning districts, and, provided that:

(1)

No use shall be permitted, excluding reasonable construction activity that:

(a)

Emits significant quantities of dust, dirt, cinders, smoke, gases, fumes, odors, or vapors into the atmosphere. The performance standards for this subparagraph shall be those determined through professional review by the city manager, or his designee.

(b)

Emits any liquid or solid wastes or other matter into any stream, river or other waterway. The performance standards for this subparagraph shall be those determined through professional review by the appropriate state or federal regulatory agency.

(c)

Emits radiation or discharges glare or heat, or emits electromagnetic, microwave, ultrasonic, laser, or other radiation. The performance standards for this subparagraph shall be those determined through professional review by the appropriate state or federal regulatory agency.

(d)

Produces excessive noise or ground vibration perceptible without instruments at any point exterior to any lot. The performance standards for this subparagraph shall be those determined through professional review by the city manager, or his designee.

(e)

Utilizes open storage, except for those uses provided for within these regulations and meet the provisions for such open storage.

(2)

All allowable and conditional uses shall be established at the time of zoning to I-3.

b.

Enclosed buildings and outside storage. All uses in the I-3 district, except for uses which would not maintain employees and would not require office facilities such as contractor storage yards, shall be maintained within an enclosed permanent building. Outside storage of parts, supplies or materials in the I-3 district may be approved provided storage is in conjunction with the business and is located in a side or rear yard of said business and fenced as authorized by section 3.15.3 of this Code. The fence shall be constructed of opaque material when adjacent uses are not zoned industrial. The fence shall be approved by the building official, or his designee, and maintained as originally approved.

4.

Accessory uses. Permitted accessory uses and structures in the I-3 district shall those which are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures.

C.

Development/lot requirements.

1.

Area regulations for industrial planned unit development. The I-3 District is intended for the development of industrial planned unit developments. The development/lot requirements for a planned unit development are as follows:

a.

Minimum area. Industrial planned unit developments shall contain at least five acres of land.

b.

Minimum street frontage. The minimum street frontage for any block for an industrial planned unit development on a single public street shall be 1,000 continuous feet.

c.

Access points. All industrial planned unit development access points on a public street shall be located at least 600 feet apart and at least 600 feet from the intersection of any street right-of-way lines. The city commission may require wider spacing between access points and intersecting street right-of-way lines when the planned industrial development has more than the minimum required frontage on a public street. All access points shall be specifically approved by the city commission.

2.

Lot standards for industrial park district (I-3). The following are standards for individual lots within an industrial planned industrial development:

D.

Yard requirements.

1.

Setbacks.

2.

Building separation for I-3. Separation of principal buildings on the same property in the planned industrial district (PID) shall meet the minimum standards set in the 5th Edition of the Florida Building Code, Section 304, Business Group B and Section 306, Factory Group F. The final building separation shall be determined by the building official and the fire marshal.

E.

Height.

F.

Density. See floor area ratio referenced in section 3.7.1C. This requirement may be modified based on the floor area ratio bonus option provided for in section 3.15.7

G.

Recreation and open space requirements. A minimum of thirty percent of the gross site area shall be set aside and developed as common/recreation use areas or open space. In addition, chapter 4, article 9 of the LDC shall apply. Where a conflict exists between these requirements and that of chapter 4, article 9, the stricter provision shall prevail.

H.

Parking. For complete design standards and requirements according to use, see the regulations of chapter 4, article 2 of the LDC.

I.

Sign regulations. See article 2 of chapter 4 of this LDC for sign regulations in this zoning district.

J.

Landscape and buffer requirements. Landscape and buffer requirements in this zoning district must be in accordance with article 8 of chapter 4 of this LDC.

K.

Supplemental district regulations.

1.

Development regulations. In addition to the above requirements, development within the industrial park district shall also comply with sections 3.9.4 through 3.9.5 and chapter 2, article 5 with the exception of section 3.9.5.D.4 and the accompanying Table 3.9.5 of that division.

2.

Definitions. In addition to the definitions contained in chapter 8, shall also apply to the planned industrial district (PID). Any references in those definitions which are specific to residential and commercial PUD development shall be interpreted to apply to the industrial intent of this district.

3.

Planned unit development approval procedure. The approval procedure shall be the same as specified in section 2.5.1 of these regulations and the approval criteria found in section 2.5.2.

4.

Planned unit development zoning and preliminary master plan approval. The approval procedure shall be the same as specified in section 2.5.2 of these regulations.

5.

Approval criteria. The city commission may approve a proposed industrial park district (I-3) and its associated preliminary development plan only after competent, substantial evidence has been presented that allows the city commission to make the following determination:

a.

The proposed I-3 district is consistent with the land development regulations, comprehensive plan and the future land use map;

b.

The proposed I-3 district will not substantially devalue or prevent reasonable use and enjoyment of the adjacent properties;

c.

Adequate public infrastructure facilities and water and sewer service to support the development of the proposed I-3 district are available or an agreement or binding conditions have been established that will provide these facilities, improvements and services in a reasonable time frame;

d.

The proposed I-3 district will not allow a type or intensity of development that is premature or presently out of character in relationship to the surrounding area;

e.

The rezoning will not interfere with an adjacent property owner's reasonable expectation of use or enjoyment; and

f.

There is availability and adequacy of primary streets and thoroughfares to support traffic to be generated within the proposed I-3 district and the surrounding area, or an agreement or binding conditions have been established that will provide such transportation facilities to support said traffic in a reasonable time frame.

6.

Procedures. The procedures shall be the same as specified in section 2.5.2.B. of these regulations.

7.

Development of district I-3. The industrial park district (I-3) is composed of a single planned development which:

a.

Is land under unified control, planned and developed as a whole in a single development operation, or approved programmed series of development operations, for industrial, commercial, and related uses and facilities.

b.

Includes principal and accessory uses and structures substantially related to the character of the development itself and the surrounding areas of which it is a part.

c.

Is developed according to comprehensive and detailed plans which include streets; utilities; lots or building sites; traffic, environmental, soils, and other studies; detailed plans for other uses and improvements on the land as related to the buildings; and the like.

d.

Includes a program for full provision, maintenance and operation of all common areas, improvements, facilities, and services as will be for the use by some or all of the occupants of the planned unit development.

e.

At the time of zoning to I-3, the following zoning requirements shall be established:

(1)

Allowable and conditional uses.

(2)

Accessory uses.

(3)

Building height.

(4)

Site area.

(5)

Yard regulations.

(6)

Minimum lot width.

(7)

Maximum lot coverage.

(8)

Building separation.

(9)

Off-street parking and loading.

(10)

Sign regulations.

(11)

Landscaping requirements.

(12)

Outside storage.

(13)

Impervious area.

f.

If the items referenced above are not addressed at the time of zoning, the city shall apply the requirements of the I-2 district for specific zoning regulations.

8.

Final master plan approval. The approval procedures shall be the same as specified in section 2.5.3 of these regulations.

9.

Plat or site plan approval for each section or building lot. The approval procedures shall be the same as specified in section 2.5.4 of these regulations.

10.

Revision of planned unit development final master plan. The revision procedures shall be the same as specified in section 2.5.5 of these regulations.

11.

Planned unit development time limitations. Time limitations shall be the same as specified in section 2.5.6 of these regulations.

12.

Deviation from the final master plan or the final section approval. Any deviation not approved in the accepted final master plan or final section shall cause the city council to immediately revoke the final master plan or final section approval until such time as the deviations are corrected or revisions are approved by the city council.

13.

Development standards for planned unit development. Development standards shall be the same as specified in section 3.9.5 of these regulations. Any references in those standards which are specific to residential and commercial PUD development shall be interpreted to apply to the industrial intent of this district.

14.

Required screening I-3. In the I-3 district, such minor outside mechanical equipment typically attached or integral to a structure as air conditioners, compressors, propane tanks, electrical transformers solely used by that property, etc., as determined by the city manager or his designee, shall be screened with opaque material from view from any street rights-of-way. This requirement shall not apply to fire suppression equipment.

(Ord. No. 2024-22, § II, 4-25-2024)

The following is a listing of uses permitted in the industrial zoning districts. Each use is listed with a "P" for permitted by-right, or "C" for conditional use within each zoning district column. Those uses listed in zoning district's column with neither a "P" or "C" shall be considered prohibited.

A.

Description of district. The open space and recreation district is established to provide for conservation and protection of sensitive lands or other public lands deemed worthy of preservation for within the city to ensure that present and future residents of the city are able to enjoy the benefits of the natural environment of the city.

The open space and recreation district is compatible with and is to be only assigned within a park/open space land use designation on the city's comprehensive plan future land use map.

B.

Permitted uses.

1.

Primary uses.

2.

Accessory uses. Permitted accessory uses and structures in the open space and recreation district are those uses and structures which meet the provisions of section 3.3.1.B.2

C.

Development/lot requirements.

D.

Yard Requirements. None

E.

Height.

F.

Density. See floor area referenced in section 3.8.1.C

G.

Recreation and open space requirements. None.

H.

Parking. For complete design standards and requirements according to use, see the regulations of chapter 4, article 2 of the LDC.

I.

Other use regulations.

1.

Seaplane bases. Seaplane bases within the open space and recreation zoning district must meet the following requirements.

a.

All aircraft landing areas must be located on a body of water

b.

Facility structures must be publicly owned.

c.

Aircraft parking on land is restricted to designated areas unless additional temporary parking is approved by the development review committee as a part of a special event.

2.

City government offices and facilities. Any city government offices and facilities located in the open space and recreation zoning district must meet the following requirements.

a.

Facilities must support park functions.

3.

Restaurants (all). Any type of restaurant identified as a permitted or conditional use in the open space and recreation zoning district in section 3.8.1.B.1 must meet the following requirements:

a.

Facility structures must be publicly owned.

b.

Parking area must be shared with a public recreation area.

4.

Retail. Retail within the open space and recreation zoning district must meet the following requirements.

a.

Facility structures must be publicly owned.

b.

Any retail use must directly support an existing public recreation opportunity on site.

c.

Parking must be shared with a public recreation area.

It is the purpose of this section to permit planned unit developments which are intended to promote efficient and economical land use, an improved level of amenities, appropriate and harmonious variety in physical development, creative design, improved living environments, orderly and economical development in the city, and the protection of adjacent and nearby existing and future city development. The district is suitable for development, redevelopment and conservation of land, water, and other resources of the city.

Regulations for planned unit developments are intended to accomplish the purposes of zoning, subdivision regulation, and other applicable city regulations to the same degree as in instances where such city regulations are intended to control development on a lot-by-lot basis rather than on a unified development approach. In view of the substantial public advantages of planned unit development, it is the intent of PUD regulations to promote and encourage development in this form where tracts suitable in size, location and character for the uses and structures proposed are to be planned and developed as unified and coordinated units.

A.

Development of district. The planned unit development district is composed of a single planned development which:

1.

Is land under unified control, planned and developed as a whole in a single development operation or approved programmed series of development operations for dwelling units and related uses and facilities;

2.

Includes principal and accessory uses and structures substantially related to the character of the development itself and the surrounding areas of which it is a part;

3.

Is developed according to comprehensive and detailed plans which include not only streets, utilities, lots or building sites and the like, but also site plans, floor plans, and the elevations for all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings; and

4.

Includes a program for full provision, maintenance and operation of such areas, improvements, facilities, and services as will be for common use by some or all of the occupants of the planned unit development, but will not be provided, operated or maintained at public expense.

The uses permitted within the planned unit development district shall include the following:

A.

Residential planned unit development.

1.

Residential units, including townhouses, condominiums, patio homes, zero lot line homes and detached dwellings, foster care facilities, community residential homes, and family day care homes.

2.

Churches, schools, community or club buildings, and similar public and semipublic facilities.

3.

Non-residential uses, commercial or retail uses, offices, clinics, hospitals, and professional uses, provided the following criteria are met:

a.

The location is an appropriate relation to other land use;

b.

Adequate economic justification studies are submitted showing the need for any proposed non-residential; the proposed non-residential uses are designed to serve primarily the residential use in the planned unit development unless the economic studies indicate greater non-residential uses are justified or there are no residential uses in the development;

c.

The non-residential uses do not utilize more than ten percent of the gross acreage of the development;

d.

No non-residential use, nor any building devoted Primarily to a non-residential use shall be built or established prior to beginning construction of the residential buildings or uses it is intended to serve, of any, without the approval of the city council.

B.

Commercial planned unit development.

1.

Commercial or retail uses, offices, professional uses, hospitals, hotels, motels, timeshare uses and alcoholic beverage establishments, minor and restaurant uses.

2.

Churches, schools, public buildings and similar public/semi-public facilities.

3.

Residential, multifamily and townhouse attached unit:

a.

The primary purpose and use within the district is commercial in nature and residential uses are compatible in scale and intensity to uses in the general area;

b.

Although commercial and office uses in the district may be designed to serve a large area, those uses should also be provided and designed to satisfy, to the extent possible, commercial, service and employment requirements of any residential units in the district.

Conditional uses in the planned unit development district shall be as follows:

1.

Home occupations;

2.

Alcoholic beverage establishment, major use.

Areas within a planned unit development shall be determined as follows:

A.

Gross acreage. The gross acreage of a planned unit development shall be the total number of acres within the perimeter boundaries of the planned unit development.

B.

Gross residential acreage. The gross residential acreage shall equal the gross acreage less all other non-residential productive use areas, such as, commercial or industrial acreage and the areas normally part of commercial or industrial areas, such as parking areas, roads, and buffers.

C.

Net acreage. The total number of acres within the perimeter boundaries of a planned unit development, excluding areas devoted to major streets, rights-of-way, easements, lakes, public and private common space and recreation areas, areas below the 100-year flood level elevation, and areas which are not suitable for buildings or structures due to soil limitations.

The development standards for planned unit development are as follows:

A.

Unified control. All land included for purpose of development within a PUD district shall be under the control of the applicant, whether that applicant be an individual, partnership, or corporation or a group of individuals, partnerships, or corporations. The applicant shall present firm evidence of the unified control of the entire area within the proposed PUD. The applicant shall state agreement to: (1) proceed with the proposed development according to the provisions of these zoning regulations and such conditions as may be attached to the rezoning of the land to PUD; (2) provide agreements, contracts, deed restrictions, and sureties acceptable to the city for completion of the development according to the plans approved at the time of rezoning to PUD, and for continuing operation and maintenance of such areas, function, and facilities as are not to be provided, operated, or maintained at public expense; and (3) bind their successors in title to any commitments made under (1) and (2) preceding. All such agreements and evidence of unified control shall be examined by the city attorney, and no rezoning of land to PUD classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of those zoning regulations.

B.

[Reserved.]

C.

Location standards. In reaching recommendations and decisions as to rezoning land to PUD classification, the planning commission and the city council shall apply the following locational standards, in addition to the standards of these zoning regulations applicable to the rezoning of land generally:

1.

Conformity with the comprehensive plan. PUD's shall be located in conformity with the comprehensive plan and particularly to the future land use element of the comprehensive plan.

2.

Relation to major transportation facilities. PUD's shall be so located with respect to arterial or major streets, highways, collector streets, or other transportation facilities as to provide direct access to such PUD's without creating or generating traffic along minor streets in residential areas or districts outside the PUD.

3.

Relation to utilities, public facilities, and services. PUD's shall be so located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utilities systems and installations that neither extension nor enlargement of such systems will be required in manner, form, character, location, degree, scale, or timing resulting in higher net public cost or earlier incursion of public cost than would development in forms generally permitted under existing zoning in the area. Such PUD's shall be so located with respect to necessary public facilities (e.g., schools, parks and playgrounds) as to have access to such facilities in the same degree as would development permitted under existing zoning, and shall be so located, designed and scaled that access for such public services is equivalent to, and net cost for such services is not greater than, access and net costs for public services for development as permitted under existing zoning.

a.

Exceptions. If applicants will: (1) provide private facilities, utilities, or services approved by appropriate public agencies as substituting on an equivalent basis, and assure their satisfactory continuing operation permanently, or until similar public utilities, facilities, or services are available and used, or (2) make provision acceptable to the city for offsetting any added net public cost or early commitment of public funds made necessary by such development, the rezoning to PUD may be approved.

b.

Computation of costs. In computing added net public costs, difference in anticipated public installation, operation, and maintenance costs and difference in anticipated public revenue shall be considered. Expenses involved in making such determinations as may be required in establishing added net public costs shall be paid by the applicant. Determination shall be made by the city or by experts acceptable to the city.

4.

Physical character of the site. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of soil, ground water level, drainage, and topography shall all be appropriate to both kind and pattern of use intended.

D.

Internal PUD standards. In addition to the standards set in Table 3.9.5 below, the following standards apply within a PUD district:

1.

Access. Every dwelling unit, or other use permitted in the PUD, shall have access to a public street either directly or via an approved private road, pedestrian way, court, or other area dedicated to public or private use, or common element guaranteeing access. Permitted uses are not required to front on a dedicated public road.

2.

Internal lots and frontage. Within the boundaries of the PUD, no minimum lot size or minimum yards shall be required; provided, however, that PUD frontage or dedicated public roads shall observe front yard requirements in accordance with the zoning district the PUD use most closely resembles and that peripheral yards abutting other zoning districts shall be the same as required in the abutting zone.

3.

Off-street parking and off-street requirements for vehicles and bicycles. See chapter 4, article 2 of the LDC.

4.

Commercial standards, residential PUD's. Commercial uses located in a residential PUD are intended to serve the needs of the PUD and not the general needs of a surrounding area. The maximum area within a residential PUD which may be devoted to neighborhood commercial uses including required off-street parking requirements, is governed by Table 3.9.5 below and chapter 4, article 2. Areas designated for commercial activities normally shall not front on exterior or perimeter streets, but shall be centrally located within the project to serve the residents of the PUD. No off-site advertisements, advertising signs or advertising structures shall be constructed or erected, used, or maintained in any part or portion of a residential PUD.

5.

Underground facilities. Within a PUD, all utilities, including telephone, television cable, and electrical systems shall be installed underground. Appurtenances to these systems which require above ground installation must be effectively screened and, thereby, may be excepted from this requirement. Primary facilities providing service to the site of the PUD may be excepted.

6.

Dedications. Dedication for public utilization of a maximum of ten percent of gross land area for schools, parks, fire stations, roadways and other improvements may be required where such dedication is in conformity with the comprehensive plan for the area involved and a finding is made by the appropriate public body that a demonstrated need exists arising from impacts of the development or where such needs have been formally identified in appropriate plans prior to the development proposal. Contributions of cash, in lieu equal to the approximate value of the land contribution may be made where the land donations are less than five acres or where the city council approves such cash contribution. Such contribution shall be placed in a trust by the city for purchase or development of recreational facilities in the general area of the PUD.

7.

Open space. In general, increased intensity of use within a PUD shall be offset by an increase in the proportion of lands preserved as open and living space areas. While current FHA land use intensity (LUI) criteria may be used as a guide, the city council shall consider the quality of overall design and amenities as well in approving plans.

8.

General design. In general, design standards applicable to subdivisions shall apply. However, it is expected that well documented designs which provide justification for streets and alternative placement of structures will be considered provided such changes are necessary to allow for improvement of the overall quality of design as well as of amenities provided within the development.

E.

Perimeter requirements. The city council, upon the recommendation of the planning commission, may impose one or both of the following requirements in order to protect the privacy of existing adjoining uses:

1.

Permanent screening. Structures, buildings, and streets located at the perimeter of the development shall be permanently screened in a manner which sufficiently protects the privacy and amenities of the adjacent existing uses. (See article 8, Landscaping and Tree Protection of chapter 4 of this LDC).

2.

Increased setbacks. Increased setbacks from the perimeter line may be imposed to protect privacy of adjacent existing uses.

A.

Relationship to other Land Development Code chapters. The standards in this article apply to properties shown on the city's future land use map as mixed use and identified in the comprehensive plan as a mixed use district. If there are conflicts between these standards and standards contained elsewhere in the Land Development Code, the standards in this article shall prevail. Development aspects not covered by these standards shall be governed by the standards contained elsewhere in the Land Development Code.

B.

Purpose.

1.

The standards are intended to enable creation of functional mixed use communities consisting of pedestrian and transit-oriented centers of commerce and employment that support and are supported by walkable residential neighborhoods.

2.

The following planning principles serve as a guide for interpreting and implementing the standards contained herein. The principles are the basis for the city's mixed use policies and they are organized by the scale at which they are functionally relevant.

a.

Community scale principles.

(1)

Neighborhoods and centers are compact, pedestrian-oriented and transit-accessible places designed to reduce over-reliance on automotive based travel.

(2)

Centers, having a mix of uses, are the primary urban form for accommodating commercial, office, industrial and institutional development. Special districts established to accommodate a single use are the exception.

(3)

Ordinary activities are conveniently accessible by walking or transit, allowing independence to those who cannot or choose not to drive.

(4)

Interconnected networks of streets are designed to disperse traffic and reduce the length of automobile trips.

(5)

A range of housing types and price levels is available within neighborhoods to accommodate diverse ages and incomes.

(6)

Transit supportive building densities and land uses are provided within walking distance of transit stops.

(7)

Civic, public, and private institutional and commercial activities are embedded in mixed use centers, not isolated in remote single-use complexes.

(8)

A range of civic spaces, including parks, squares, and playgrounds are distributed within neighborhoods and centers.

b.

Block and building scale principles.

(1)

Buildings and landscaping contribute to the physical definition of streets as public spaces.

(2)

Development respects the pedestrian and the spatial form of public areas, while adequately accommodating the automobile.

(3)

The design of streets and buildings reinforces safe pedestrian environments, with building frontages oriented to the street.

(4)

A visual scale is established for each center and neighborhood and coordinated through a consistent application of building form standards.

(5)

Civic buildings and public gathering places are provided at locations that reinforce community identity.

(6)

Civic buildings are distinctive and appropriate to their role of importance within the community.

C.

Concept plans and site development plans.

1.

The comprehensive plan directs that:

a.

Implementation of the conceptual master plan for a mixed use district be through the preparation and approval of a concept plan and site development plan; and

b.

Adjustments to a conceptual master plan shall become final through approvals of concept plans and site development plans.

2.

The comprehensive plan further prescribes policies that these standards are intended to implement, which include:

a.

The build out of lands within a mixed use district should occur in a manner that is predictable, but also flexible; and

b.

Uses, densities, and intensities in a mixed use district shall be allowed to change over time, evolving in order to realize buildout targets.

3.

For a mixed use district designated as a multimodal transportation district (MMTD), the city will review and approve concept plans and site development plans consistent with the following principles (among other principles):

a.

Within a MMTD, a concept plan or a development order (if the concept plan also functions as a detailed specific area plan (DSAP) pursuant to F.S. § 163.3245) may vary by up to 25 percent from the overall densities and intensities dictated by a conceptual master plan. In establishing densities and intensities under this provision, the following shall apply:

(1)

The concept plan shall identify the proposed densities and intensities by reference to affected centers and neighborhoods. The proposed program shall be evaluated based on:

(a)

The development program's consistency with the FLUE mixed use policies; and

(b)

The project's enabling of transit, jobs creation, and walkability within the district's urban and community centers.

(2)

Development within urban, employment, community, and neighborhood centers, or within one-quarter mile of rail stations, stations along bus rapid transit routes in exclusive bus-only lanes, and/or transit superstops, having diminished densities and intensities shall be developed to allow evolution of the developments to original densities and intensities. The site development plan shall clearly illustrate how this will be accomplished, through a series of site designs showing the sequence of development activity over time.

(3)

Project designs will incorporate the walkability principles contained in these standards and maintain consistency with MMTD policies adopted for the area.

D.

Organization. The remainder of this article is organized as follows:

1.

Public realm standards. This section presents design specifications for establishing and creating public spaces, which include streetscapes and civic spaces.

2.

Place type functions. This section directs different types of activities or uses to the appropriate place type, consistent with its defined function. Minimum percentages of uses within a place type are set forth for the purpose of ensuring a robust mixture of compatible activities.

A.

Regulation of place type function. The requirements of this section regulate place type functions by establishing broad categories of use and requiring their coordination with the building forms required to be identified in each site development plan. Use categories provide a systematic basis for combining mutually supportive and complementary activities so they can be managed appropriately. The intent is not to limit uses, but to allocate them to the appropriate place types. Use requirements are outlined for the place types discussed below.

B.

Employment center (EC).

1.

An employment center functions as a regional jobs center, as well as the principal work place for a mixed use district. A center contains high-intensity uses that are designed to meet the needs of a diversifying economy, while maintaining a pedestrian orientation and providing a high level of connectivity to adjacent residential neighborhoods and commercial centers. It is accessible to all modes of travel, to include regional serving facilities capable of providing access to other major employment and commercial centers in the region.

2.

Vertical and horizontal mixed use is allowed. Individual use categories and the minimum percentages to be achieved at buildout, as calculated by developable area square footage, are shown below. The minimums, as they apply to a specific mixed use district, may be modified through the conceptual master plan (CMP), or the development of regional impact (DRI) processes. All modifications shall ensure a mix of uses consistent with the purpose of the place type.

C.

Urban center (UC).

1.

An urban center is the location for regional-scale commercial uses having a trade area extending outside the mixed use district. An urban center is generally served by one or more multimodal corridors and contains a diverse mix of commercial, office, business, residential, and public, park and civic uses. This type of center has a structure and character resembling traditional downtowns. The buildings should be sized to allow for a rich mixture of building types and sizes that can contribute to a center's vitality and sustainability.

2.

Vertical and horizontal mixed use is allowed, with individual use categories and the minimum percentages to be achieved at buildout, as calculated by developable area square footage, shown below. The minimums, as they apply to a specific mixed use district, may be modified through the CMP, or DRI processes. All modifications shall ensure a mix of uses consistent with the purpose of the place type.

3.

Urban centers are the preferred location for high schools. They shall be located adjacent to or within urban centers, served by planned transit stops or station(s), and co-located, where possible, with parks, recreation facilities, community centers, libraries and open space. Schools may offer alternative public realm standards as needed to comply with U.S. Department of Education, Florida Department of Education or Osceola County School Board requirements. The particulars shall be determined by waiver and shall be the minimum necessary for achieving compliance.

D.

Community center (CC).

1.

A community center contains vertical and/or horizontal mixed use, allowing for commercial, office, public, park, civic, and residential uses. The uses are specific to the civic and daily/weekly needs of the surrounding neighborhoods and the buildings and open spaces are sized to meet those needs. These centers are generally within a short travel distance for the majority of residents in the adjoining neighborhoods.

2.

Individual use categories and the minimum percentages to be achieved at buildout, as calculated by developable area square footage, are shown below. The minimums, as they apply to a specific mixed use district, may be modified through the CMP processes. All modifications shall ensure a mix of uses consistent with the purpose of the place type.

3.

Community centers are the preferred location for middle schools. They shall be located adjacent to or within community centers, served by planned transit stops or station(s), and co-located, where possible, with parks, recreation facilities, community centers, libraries and open space. Schools may offer alternative public realm standards as needed to comply with U.S. Department of Education, Florida Department of Education or Osceola County School Board requirements. The particulars shall be determined by waiver and shall be the minimum necessary for achieving compliance. Multi-use trails shall connect middle schools to residential neighborhoods and open space systems.

E.

Neighborhood center (NC).

1.

A neighborhood center is an intrinsic part of a neighborhood and, as the name implies, is generally located at or near the neighborhood's geographic center. A mix of uses is appropriate and desirable—commercial, office, civic, and parks. At a minimum, park land and civic uses are present. By providing a focal point for local activity, a neighborhood center helps to define the neighborhood as a specific place. This sense of place can be reinforced by locating neighborhood centers and elementary schools adjacent to one another. Structures are built to fit into the scale and design of the neighborhood.

2.

The area attributed to public/park/civic space shall be, at a minimum, 25 percent of the neighborhood center, as calculated by developable area square footage.

3.

Elementary schools shall be located adjacent to neighborhood centers or centrally located to two to three neighborhoods to maximize walkability. Schools may offer alternative public realm standards as needed to comply with U.S. Department of Education, Florida Department of Education or Osceola County School Board requirements. The particulars shall be determined by waiver and shall be the minimum necessary for achieving compliance. Multi-use trails shall connect elementary schools to residential neighborhoods and open space systems.

F.

Neighborhood type 1 (NH 1).

1.

A neighborhood type 1 represents the predominant residential district type within the city's mixed use districts. The mix of housing types is oriented towards detached rather than attached units and is served by a highly connected street system with sidewalks, and bikeways, with connections to transit facilities. Since neighborhoods consume the greatest amount of developed acreage, they act as the background matrix within which other place types fit. The permeability of this matrix—achieved through the highly connected grid street pattern—allows for movement supportive of the mixed use district's functional integrity.

2.

Individual use categories and minimum percentages to be achieved at buildout, as calculated by developable area square footage, are shown below. The minimums, as they apply to a specific mixed use district, may be modified through the CMP or DRI. Where a buildout program has been established in a CMP or DRI, the percentages shown shall serve as a guide for evaluating deviations from such program.

G.

Neighborhood type 2 (NH 2).

1.

A neighborhood type 2 is a dense residential area where the focus is on attached housing types rather than detached housing types. The densities are intended to support transit, as well as adjacent commercial and employment centers. It can provide a transition—in terms of building form—between employment, urban and community centers and type 1 neighborhoods. It has a wide range of building types, such as townhouses, row houses, and apartments, and to a lesser extent patio homes, single-family homes and cottages.

2.

Individual use categories and minimum percentages to be achieved at buildout, as calculated by developable area square footage, are shown below. The minimums, as they apply to a specific mixed use district, may be modified through adoption of a CMP or through the DRI process. The percentages shown shall serve as a guide for evaluating deviations from the minimums.

H.

Open space (OS).

1.

Open space represents a place type where character is defined by the civic and public purposes it implements. It may encompass regional, community and neighborhood parks, natural resources (wetlands, habitat protection areas), stormwater facilities, nature centers and wildlife observation places to include trails, boardwalk, piers, pavilions and gardens. This place type defines and connects neighborhoods and centers throughout a mixed use district and functions as a greenway and green infrastructure system.

2.

Any improvements involving construction of a building or an activity-based park within the open space district shall require review and approval of a site development plan for the area to be improved. Site development plans are not required for passive recreational improvements such as trails and boardwalks having minimum impact to the landscape.

3.

Lands identified as open space in a CMP and designated for preservation shall be preserved in perpetuity through recordation of conservation easements consistent with F.S. § 704.06 with allowance for boundary adjustments based on site-specific conditions. The easements must be effective before or concurrent with the effective date of the final plat.

I.

Special district.

1.

A special district is a place type intended to serve one of two purposes. The first purpose is to set aside an area for activities providing an essential function, but which should not or cannot be mixed with other types of development because of their operations or expansive space needs. These include industrial operations, airports, correctional facilities, cemeteries, distribution centers, production facilities and major public utilities. The second purpose is to accommodate an economic catalyst. Special districts established for this second purpose are to be limited in number and in size, so as not to undermine the economic viability of a district's employment center or urban center.

2.

An economic catalyst is an entity—educational, medical, research or business—capable of stimulating growth of basic businesses and industries within the larger mixed use district. A special district established as an economic catalyst shall be designed and constructed in a manner that allows it to evolve into an employment center where feasible. The site development plan shall clearly illustrate how this will be accomplished, through a series of site designs showing the sequence of development activity over time.

3.

The public realm standards contained herein shall be appropriately adjusted to accommodate the development program approved for a special district. The changes to the standards shall be outlined in either the concept plan or site development plan.

A.

Purpose. This section sets forth development standards for the two types of public spaces that make up the public realm—the streetscape and civic space. As the public realm is the principal area for public movement, land use access and linkages, its design is key to creating a functional environment that promotes walkability and supportive of various modes of transit.

B.

Streetscape. Figure 3.10.3a depicts the streetscape's design elements, which consist of the public right-of-way and the private frontage.

1.

For regulatory purposes, the public right-of-way is subdivided to include the following: turn lane/median; travel lane; bike lane; parking; parkway; and sidewalk. Tables 3.10.3a—e identify the dimensional requirements for each of these elements by roadway type. As shown in the tables, application of the requirements may change to reflect the relationship between the roadway and the place type fronting it. Table 3.10.3a shows the dimensional requirements for private frontages associated with each place type.

2.

Unless noted otherwise, the dimension shown in the tables represent both the minimum and maximum requirement. In addition, for purposes of these standards, the "frontage" of a building is defined as the surface of an exterior wall which faces a public right-of-way other than an alley or lane.

3.

Prototypical Cross Section dimensions for principal roadway types are shown below.

4.

Private frontages. The following standards apply to private frontages

a.

Build-to line (BTL).

(1)

The BTL for building façades shall be as shown in Table 3.10.3f. A minimum percentage of each building façade, as set forth in the table, shall be built to the BTL. This percentage shall be calculated for the vertical building façade at the first floor.

(2)

The BTL shall be consistent along each facing street block. Exceptions to the BTL setbacks or frontage buildout percentages may be allowed by waiver for the purpose of creating a distinct civic space consistent with the civic space standards or creating space to be used specifically for café-table seating.

(3)

Buildings shall front all rights-of-way except for those segments adjacent to open space.

b.

Building façades on multifamily, mixed use, and non-residential buildings.

(1)

All buildings must front a public right-of-way (excluding an alley or lane) or civic space.

(2)

Building façades may include jogs of not more than 36 inches in depth, except as necessary to allow bay windows, shop fronts, balconies, civic spaces, outdoor seating, etc., in which case jogs of greater than 36 inches will be allowed. Jogs of 36 inches or less will be considered as being on the BTL.

(3)

Building volumes shall be articulated into three distinct vertical components, a "base," "middle," and a "top." The first floor height of buildings in centers shall be a minimum of 12 feet, except neighborhood centers within N1 neighborhoods may be ten feet.

(4)

Building façades along BTLs shall be expressed as building modules that do not exceed 30 linear feet in width.

(5)

Weather protection features, which may include awnings, overhangs or other treatments providing functional weather protection, are required on building façades fronting a BTL within employment, urban, community and neighborhood centers. Weather protection features shall provide continuous sidewalk coverage for the length of the building, where feasible.

(6)

Awnings or overhangs shall project a minimum of six feet and maintain a clear height of at least eight feet. They may encroach upon the public sidewalk subject to a right-of-way encroachment permit.

(7)

A building's primary entrance shall be located on the façade facing the public right-of-way or civic space. Primary entrance is the principal pedestrian access to a building, even if customers or residents may more frequently use a secondary entrance associated with a garage, parking area, driveway or other vehicle use area. The entrance shall have the architectural detailing that sets it apart from other entrances and allows it be recognized as the building's primary access point.

(8)

Along the primary street within urban and employment centers, buildings shall be at least three stories in height. Along the primary street in community and neighborhood centers, building height shall be at least two stories in height. Limited exceptions may be made by waiver as a way to add variety and architectural interest to a center. Primary street is defined as the principal commercial street within a center. All other streets are considered secondary.

(9)

One-story buildings shall not exceed 125,000 square feet.

(10)

Buildings higher than three stories shall use stepbacks, balconies or other architectural treatments to decrease their apparent size and scale.

c.

Street screen. A street screen not less than six feet in height or greater than 12 feet in height shall be required along any private frontage that is not otherwise occupied by a building. The street screen shall consist of a wall constructed of material matching or complementary to that of the adjacent building façades. A wall may be replaced by a hedge or fence (or combination) providing comparable level of screening. Residential lots within neighborhood type 1 are exempt from this requirement. Street screen openings for access shall be no larger than necessary to allow vehicular and pedestrian movement. In no event should a vehicular entry be wider than 18 feet. Vehicular entry is not allowed on a primary street.

d.

Windows and doors on multifamily, mixed use and non-residential buildings.

(1)

For multifamily, mixed use or non-residential buildings within centers, a minimum of 60 percent of the total wall area at the ground floor must include pedestrian entrances or transparent windows.

(2)

Windows shall be slightly recessed or project as bays from the main wall of the façade so as to create texture and shadows on the façade for visual interest, as well as the perception that people or activities are behind the windows.

(3)

Upper floor residential units must have a visible ground floor entrance facing the front or side street, a civic space, or a pedestrian passageway. This may be a common entrance serving multiple units.

e.

Parking and service/loading areas.

(1)

Parking and service/loading areas shall be accessed by a rear alley, rear lane, shared driveway or local street other than a primary street within centers.

(2)

Within neighborhoods, lots fronting on a framework street shall be accessed by a rear alley or rear lane.

(3)

Off-street surface parking areas and service/loading areas shall be screened from the public right-of-way by liner buildings or a street screen.

(4)

Structured parking and surface parking entries and driveways within all centers shall be located at least 75 feet away from any block corner or another garage or parking area entry on the same side of the same block.

(5)

Driveway width at the sidewalk within neighborhood types 1 and 2 shall not exceed 11 feet. For employment, urban, community and neighborhood centers, maximum driveway width at the sidewalk shall not exceed 18 feet. Entries to structured parking or delivery bays shall have a maximum clear height of 16 feet and a maximum clear width of 22 feet.

f.

Signage.

(1)

Signs shall be scaled to the character of the center or neighborhood; for pedestrians and slow-moving vehicular traffic in centers; and for simple, unobtrusive wayfinding in other areas of a mixed use district.

(2)

The total area of all signage for each building frontage may not exceed one and one-half square feet for each foot of lineal street frontage. Temporary signs shall not be included in the total area calculation.

(3)

Flush-mounted signs shall be no larger than 60 square feet; may not project more than eight inches from a building wall; and must be located no higher than 20 feet above the sidewalk, below the sill line of the second floor windows, or below the lowest point of the roof, whichever is lowest. In addition, one building identification sign is permitted per building façade. A building identification sign shall be no more than 100 square feet, may be mounted above the second story for maximum viewing, and shall consist of individual letters and/or graphic elements applied directly to the building façade. An address sign no more than two square feet in size is permitted at each address.

(4)

Wall plaques of up to six square feet and projecting no more than three inches from a building wall are permitted proximate to building entryways.

(5)

Monument signs are permitted.

(6)

Blade signs (perpendicular to the BTL) not more than six square feet, minimum nine feet clear height above the sidewalk, may be hung below the second-story level, from the façade or from an overhang or awning. Blade signs in the form of banners may be hung at least 14 feet above the sidewalk and not above the third story so long as such banners do not project more than three feet into the public right-of-way.

(7)

Awnings and canopies may include logos on the valance or front plain. Signs may be suspended from awnings or canopies so long as an eight-foot clear height is maintained.

(8)

No more than 25 percent of a window may be covered by signage.

(9)

Temporary sidewalk easel signs of up to 36 inches in height by 24 inches in width are permitted within that part of a building façade setback from the BTL.

(10)

The following signs are prohibited: billboards, roof signs and freestanding pole signs.

(11)

All illumination of signs and buildings shall be by constant light—digital, scrolling, flashing, traveling, animated or intermittent lighting shall not be mounted on the exterior of any building.

g.

Lighting. Appropriate lighting is desirable for nighttime visibility, crime deterrence and decoration. Lighting that is too bright or intense creates glare, hinders night vision and creates light pollution. It is the intent of these standards to provide outdoor lighting that contributes positively to the pedestrian-oriented environment of urban centers and urban neighborhoods. Dark sky principles are not required.

(1)

Street lights shall preserve the ambiance of the night and respect the privacy of neighboring properties by applying pedestrian-scaled fixtures. Light poles shall be no higher than 18 feet.

(2)

Lighting elements shall provide full spectrum light so that colors at night are natural and realistic. Lighting elements that cast a clearly/perceptively unnatural spectrum of light (such as low-pressure sodium) are prohibited.

h.

Street trees.

(1)

All roadways shall be lined with rows of trees, with each block and its facing block planted in a single species with shade canopies of a height that, at maturity, begin higher than the top of the second story of buildings. The following canopy trees are approved for use: Live Oak; Nuttall Oak; Magnolia; Winged Elm; Tabebuia ipe.

(2)

Trees shall be located within the parkway and medians of the public right-of-way, with the exception that trees are not required in the median of a center's primary street.

(3)

Trees shall be planted along an alignment line—generally three to three and one-half feet from the back of the curb at an average spacing not greater than 30 feet on center. Where necessary, spacing allowances may be made to accommodate curb cuts, fire hydrants and other infrastructure elements. This allowance for spacing may not exceed 45 feet on center except where necessary for transit stops or stations.

(4)

Trees shall be at grade or not greater than six inches in height above or below the sidewalk. Any unpaved ground area shall be planted with groundcover, flowering vegetation, or climbing vines, not to exceed 112 inches in height.

(5)

At planting, trees shall be at least two and one-half inches in diameter at designated breast height (DBH) and at least ten feet in overall height.

(6)

Trees must be "limbed up" as they gain appropriate maturity so as to not interfere with pedestrian or truck travel (minimum seven feet clear over the sidewalk and 14 feet over the travel of the street) and to maintain visibility.

(7)

Maintenance and replacement of trees is the responsibility of the property owner.

i.

Landscape buffers.

(1)

Within a mixed use district, landscape buffers shall not be allowed between place types, between adjacent neighborhoods or between buildings and roadways.

(2)

Landscape buffers may be provided along the boundary line of a mixed use district to mitigate any potential conflicts with adjacent development.

C.