The planning commission, or city manager or designee under the allowance of section 82-201 following a natural disaster, shall not authorize the issuance of a permit for a conditional use except in compliance with the specific conditions in this article.

(Ord. No. 85-26, § 1(I.I.3), 11-27-1985; Ord. No. 89-23, § 50, 8-15-1989; Ord. No. 24-015, § 2, 9-9-2024)

Public utility uses (uninhabited structures only, with no regular on-site human activity) shall be permitted as a conditional use subject to the following conditions:

(1)

There shall be no minimum lot area required. The lot area shall be sufficient to provide for the use or structure and to comply with the other required conditions as determined by the planning commission.

(2)

The minimum setback requirements shall be those applicable to the zone in which the use is located.

(3)

The maximum height of structures shall be limited to the maximum height of structures permitted in the zone in which the use is located except that microwave relay, cable transmission and radio towers which are accessory uses with a primary public utility use, located on the same lot, shall be exempted from the height regulations, as long as such towers are located as close to the center of the lot as topography will permit or as required for necessary regulatory permits and that all guys and supporting structures are located within the boundaries of such lot.

(4)

Earth stations must comply with the limitations and conditions of article XVII of this chapter.

(5)

There shall be a landscaped buffer strip between the subject use and adjoining residential districts; such buffer strip shall provide adequate screening of the proposed facility from the residentially zoned property. Such screening shall be in accordance with the standards set forth in section 126-1021 et seq. for buffering and screening of commercial properties and as approved by the planning commission.

(6)

The lot shall be otherwise appropriately landscaped.

(Ord. No. 85-26, § 1(I.I.3(a)), 11-27-1985; Ord. No. 89-23, § 50, 8-15-1989)

Cross reference— Existing regulations concerning telecommunications devices, § 126-1534.

(a)

Institutional uses shall be permitted as a conditional use subject to the following conditions:

(1)

There shall be a landscaped buffer strip between the subject use and adjoining residential zones. Such buffer strip shall provide adequate screening of the proposed facility from residentially zoned property. Such screening shall be appropriately planted as approved by the planning commission.

(2)

The lot shall be otherwise appropriately landscaped.

(3)

No institutional use shall be permitted on the parcel except those principal and accessory uses specifically identified in the conditional use approval.

(4)

Regardless of the regulations and required conditions set forth for the applicable district, the planning commission may authorize an institutional use to be developed with up to 45 percent coverage with impermeable surfaces, and with up to 50 percent vegetation clearance and developed area, for lands located in the altered land, mid-island ridge, or upland wetland zones, whenever:

a.

The institutional use requires more than 50 parking spaces;

b.

The planning commission finds that the majority of the required parking spaces will be used only infrequently; and

c.

The lot or parcel on which the institutional use is to be developed fronts on an arterial or collector road.

(b)

Institutional uses may be permitted to integrate dwelling units that are incidental to the primary institutional use (e.g., employee housing), consistent with residential densities permitted by sections 86-91 and 86-92, rate of occupancy by section 86-71, and pursuant to applicable conditions provided in section 126-1032.

(Ord. No. 85-26, § 1(I.I.3(b)), 11-27-1985; Ord. No. 86-11, § 1, 4-15-1986; Ord. No. 86-41, § 1, 10-7-1986; Ord. No. 87-03, § 1, 2-17-1987; Ord. No. 89-23, § 50, 8-15-1989; Ord. No. 24-005, § 2, 3-5-2024)

Use of land for agriculture or aquaculture shall be permitted as a conditional use subject to the following conditions:

(1)

The minimum lot area of the lot shall be sufficient to provide for the necessary use or structure and to comply with the required conditions set forth in this section and as determined by the planning commission. A commercial nursery must have a minimum lot area of two acres.

(2)

Yard setbacks as required for the zone in which the use is located shall be met.

(3)

Hives for the keeping of bees and any structure used for retail sales and storage shall be placed at a minimum distance of 50 feet from the side and rear lines of the parcel.

(4)

In connection with the permitted operations, no mechanical equipment may be used of a nature or sufficient size which would result in the production of noise outside the boundaries of the parcel that would constitute a nuisance to any adjoining residential areas.

(5)

No outdoor storage of any goods offered for sale on the premises, except for agricultural or aquacultural products, shall be permitted. Buildings for retail sales and storage shall be limited to a total of 1,000 square feet of floor area. A commercial nursery shall have access from a minor collector or arterial street.

(6)

The maximum permitted developed area and vegetation clearance for a commercial nursery shall be the same as for permitted uses in the zoning district in which such use is located, except that additional developed area and clearance (up to a total of 50 percent) shall be permitted if such additional area is used for the cultivation of native plants. For all other agriculture and aquaculture uses, the permitted developed area and vegetation clearance shall be the minimum necessary to reasonably accommodate the proposed use, as determined by the planning commission, but not more than 50 percent except as provided in subsection (7) of this section.

(7)

On lands used for aquaculture, any new bodies of water created to facilitate such use shall count toward the maximum permitted developed area. Existing bodies of water used for aquaculture shall count toward the maximum permitted developed area for the parcel, but if such existing bodies of water exceed the maximum permitted developed area, additional developed area shall be allowed to the extent of up to 1,000 square feet of floor area for retail sales and storage and the minimum driveways and parking areas necessary to serve such use.

(8)

In considering the permitting of an agricultural or aquacultural use on a particular parcel, the planning commission shall evaluate the possibilities of any negative impact on residential areas adjacent to the parcel and on residential areas abutting the access to such parcel that might be generated by the level of traffic created by the proposed use or the nature and extent of nonpassenger vehicle traffic generated by the proposed use. Upon findings of fact that such traffic generation would cause or create an undue burden on such adjoining residential parcels inconsistent with the neighborhood development, this shall be a sufficient basis to deny the conditional use permit sought.

(Ord. No. 85-26, § 1(I.I.3(c)), 11-27-1985; Ord. No. 89-23, § 50, 8-15-1989)

Recreation facilities are limited to country clubs, private swim clubs, racquetball courts, tennis courts or golf courses, or any combination thereof. Beach clubs are not permitted as a principal land use. Beach clubs are not permitted as an accessory or associated use with residential developments, including hotels, motels, inns, timeshare developments and other resort housing developments. However, lawfully existing and specifically approved common areas of residential developments, which extend into the Gulf Beach Zone, that serve only the residents of that development are not beach clubs. Lawfully existing private beach access easements that serve the residents of properties with existing rights to use that easement are not beach clubs.

Recreation facilities shall be permitted as a conditional use, subject to the following conditions:

(1)

No minimum lot area is required. The lot area shall be sufficient to provide for the necessary use or structure and to comply with the required conditions of this Land Development Code set forth and as determined by the planning commission.

(2)

The setback requirements set forth for the zone in which the parcel is located shall apply except as specifically modified. No building or swimming pool shall be located within 50 feet of any outside parcel line.

(3)

No public address system shall be permitted which is audible at any outside parcel line.

(4)

All outdoor lighting shall comply with requirements for outdoor lighting, including requirements for beach front lighting.

(5)

Access to the parcel shall be located so as to minimize the effect of vehicular traffic, during ingress and egress to the facility, so as to minimize the impact on adjoining residential uses and traffic patterns on adjacent streets.

(6)

Where practical and necessary, the planning commission may require vegetative buffering along outside parcel boundaries adjoining residential uses.

(7)

Swimming pools specifically. Swimming pools shall be located on the site so that the normal noise generated in their utilization shall have the least impact on adjoining property owners, and shall be effectively buffered by vegetation, so as to limit the transmission of such noise generated to the maximum practical extent.

(8)

Golf courses specifically.

a.

Up to 50 percent of the parcel may be cleared of vegetation and used as developed area. The developed area shall include all areas used for structures, putting greens, driving ranges, tees, greens, cart paths, walkways, other areas designed for use for specific activities, sandtraps, new bodies of water, areas of fairways and rough which are actually cleared of vegetation and replanted with grasses, and all similar use areas.

b.

In the case of golf courses, care and consideration shall be given to the placement of tees and fairways in order to reduce to a minimum the likelihood of golf balls leaving the subject parcel and posing a danger or creating a nuisance to adjoining land owners, as well as pedestrian and motor vehicle traffic adjacent to the parcel.

[(9)

Reserved.]

(10)

Tennis courts specifically.

a.

Fencing, in connection with the placing of tennis courts, shall be located at least ten feet from any outside parcel line; and

b.

Fences shall be so placed that they do not restrict or unduly impair the site distance of pedestrian and motor traffic adjacent to the parcel or unreasonably or unduly restrict the view of any adjoining owner with respect to the enjoyment of his/her property.

(Ord. No. 85-26, § 1(I.I.3(d)), 11-27-1985; Ord. No. 89-23, § 50, 8-15-1989; Ord. No. 06-023, § 2, 1-2-2007; Ord. No. 19-001, § 3, 4-2-2019)

The gas station located at the southwest corner of the intersection of Periwinkle Way and Bailey Road, as well as the grocery store located at the southeast corner of the intersection of Periwinkle Way and Tarpon Bay Road, are uses in existence on the date of the city's incorporation, which have been in continuous operation and were thereafter required to be approved as conditional uses, are exempted from the requirement to obtain conditional use approval if interrupted by disaster, to re-establish in the same location, pursuant to the timeframes of section 126-218.

(Ord. No. 24-015, § 2, 9-9-2024)