Certain uses have unique characteristics that require the imposition of development standards in addition to those minimum standards which may pertain to the general group of uses encompassing the use. These uses are listed in this article together with the specific standards that apply to the development and use of land for the specified activity. These standards shall be met in addition to all other standards of this land development code, unless specifically exempted.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Hospitals, nursing homes, group homes, and assisted living facilities shall comply with the following standards:

(1)

These facilities shall not be permitted in the coastal high hazard area (hurricane evacuation zone A), or floodway as designated by Federal Emergency Management Agency (FEMA) flood insurance rate maps.

(2)

Location of these facilities shall governed by Florida Statutes.

(3)

The maximum number of beds shall be three beds times the permitted density. For the purpose of this section, a bed shall mean the same as a resident or occupant.

(4)

Prior to the receipt of a certificate of occupancy from the city, an emergency management plan, including evacuation strategy, will be submitted to the city as well as copies of all required state, county and local licenses.

(5)

The granting of a special exception or conditional use shall not be deemed effective until all necessary state, county and local license necessary for the facility will have been procured.

(6)

The developmental review board and/or city council shall ensure that nursing homes, group homes, and assisted living facilities shall be designed, maintained and operated so as to be compatible with the neighborhood and should provide a style of life substantially similar to other occupants living in the neighborhood.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

No buildings or structures, except decks, docks, bridges and piers, shall occur over natural water areas. Applications for such structures shall be submitted to the city for zoning approval and where applicable, approval by the county.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

The dispensing of alcoholic beverages has the potential to contribute to undesirable impacts on adjacent or nearby properties such as litter, noise, and other disturbances. The purpose and intent of this section is to establish appropriate locational and distance standards that promote public safety and mitigate associated impacts.

(a)

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

Alcoholic beverages means any beer, wine or liquor as defined by the state beverage law.

Business establishment means and includes any place of business, whether or not licensed under the state beverage law, of any vendor, club organization, corporation, firm, person, partnership or similar entity which dispenses alcoholic beverages. This shall include any establishment commonly known as a bottle club, which may permit persons to carry alcoholic beverages onto the premises of such establishment with the knowledge, actual or implied, that the beverages will be consumed thereon.

Dispense and dispensing means the storing, handling, preparation, distribution, serving, sale or gift of any alcoholic beverage. Permitting or allowing any person to carry alcoholic beverages onto the premises of a business establishment with the beverages to be consumed thereon shall be deemed as dispensing such beverages.

State beverage law means F.S. chs. 561—565.

(b)

Districts permitting dispensing, storage, distribution. The dispensing of alcoholic beverages for off-premises consumption only by any business establishment may be permitted only in zoning districts classified by this chapter as CN, CG, or IL. Such sales shall also be permitted within any authorized commercial building located in an RPD district. The wholesale storage and distribution only of alcoholic beverages shall be permitted in zoning district IL.

(c)

Dispensing for on-premises consumption; distance required from residential zoning districts. The dispensing of alcoholic beverages by any business establishment for on-premises consumption may be permitted only within the CN, CG and IL zoning districts. Such sales may also be permitted within any authorized commercial building located in an RPD district. No building or structure in which alcoholic beverages are sold, dispensed, or consumed under this subsection shall be located within 100 feet of any residential zoning district boundary line (in the case of a building located in an RPD commercial area, such distance shall be measured to the boundary of the nearest property used for residential or accessory residential purposes), this distance to be measured along a straight line from the nearest residential zoning district boundary to the closest portion of the building or structure dispensing the alcoholic beverage or licensed area; except that in a multitenant or multiuser building, such as a shopping center, the distance requirements shall be measured from any residential district boundary along a straight line to the unit or portion of the building or structure in which alcoholic beverages are actually sold, dispensed or consumed under this subsection. It is further provided that a building or structure, located on a bona fide golf or country club premises, in which alcoholic beverages are dispensed for consumption by the members and guests thereof only, may be located in any zoning district, but shall be located within the boundaries of the golf or country club and shall be located not less than 200 feet from any residential structure. The dispensing of alcoholic beverages for on-premises consumption in conjunction with a bona fide restaurant located within a 100-foot distance of any residential zoning district may be permitted as a special exception.

(d)

Dispensing for on-premises consumption by social clubs, or any veterans, fraternal, benevolent, civic or other organization described in F.S. § 561.20(7). Organizations described in F.S. § 561.20(7) may dispense alcoholic beverages for on-premises consumption within any zoning district or location providing such location is approved by the city council, as a conditional use pursuant to section 70-226 et seq. Temporary dispensing permits shall be approved by the city manager, or designee. This subsection shall not apply to those areas which meet the provisions of subsection (c) of this section.

(e)

Prohibition of dispensing near a religious facility use which is located within a residential or a public/semi-public zoning district or any school which is located within a public/semi-public district. The dispensing of alcoholic beverages by any business establishment shall not be permitted from that portion of any building or structure licensed for the dispensing of alcoholic beverages that is within 750 feet, measured in a straight line, from the nearest point of a religious facility which is located within a residential or a public/semi-public zoning district, or a school building or structure which is located within a public/semi-public district. In a multitenant or multiuser building such as a shopping center, the distance may be measured from the unit or portion of the building where alcoholic beverages are sold, dispensed or consumed to the boundary of any tract of land on which a religious facility or school is located or which has received legal authority to locate. This subsection shall not be retroactive; and the subsequent erection of a religious facility or school within the distance of a legally authorized business establishment shall not be cause for the revocation or suspension of any permit, certificate or license, or cause for denial of any permit or certification thereafter requested for that use.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(a)

Standards. Automotive related services have the potential to produce negative secondary effects related to aesthetics, noise, dust, environmental, and odor, and it is the intent of this section to address issues surrounding automotive related uses. All automotive service stations must meet the following standards:

(1)

All pump islands shall be set back at least 15 feet from a road right-of-way line and canopies shall be governed by zoning district setback requirements pursuant to this chapter.

(2)

All mechanical lifts or structures intended for the purpose of a lift must be housed in a completely enclosed automotive maintenance building.

(3)

An establishment where gasoline and/or diesel fuel is supplied and dispensed at retail and where, in addition, the following services only may be rendered and sales made accessory to the sale of gasoline and/or diesel fuel:

i.

Minor motor vehicle repair (excluding engine and transmission repairs);

ii.

Sale of beverages, packaged food, tobacco products, and similar convenience goods for customers, as accessory and incidental to principal uses.

iii.

No outdoor retail sales activities unrelated to service station operation are permitted on the property.

(4)

No disassembled automobiles or automobiles under repair are permitted outside of the completely enclosed automotive maintenance building or area that is fully screened with a solid fence or wall and behind the front line of the building.

(5)

The outdoor storage of trailers, motor homes or boats is permitted behind the front line of the building; and the total area of such storage, which is considered an accessory use, shall not exceed 2,000 square feet.

(6)

The number of curb breaks for one establishment shall not exceed two for each 100 linear feet of street frontage, each having a minimum width of 30 feet and located not closer than 15 feet from the point of intersection of the right-of-way lines. Where the intersection of two right-of-way lines is an arc, the point of measurement of the 15-foot distance, shall be the midpoint of the arc and shall be measured along a straight line of the point.

(7)

When located within 300 feet of a residential zone, all storage of tires, parts, equipment, trailers, motor homes and boats shall be within an area enclosed by a solid decorative wall or fence (pursuant to section 70-775) a minimum of eight feet in height. Storage of tires, parts and equipment is prohibited within the front yard setback, unless screened by a landscape buffer pursuant to section 58-329.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(a)

Construction offices, construction storage buildings for land under development, real estate offices and model homes shall be allowed in any district for the purpose of developing and marketing the property of the subdivision in which such uses are to be located. Authorization for a temporary use and structure shall only be granted after the filing of an acceptable preliminary site plan. A maximum of four model homes may be permitted on lots within subdivisions which have been platted, and which have received final site plan and construction plan approval. A legal property description of each lot to be permitted will be required, and such permit shall be reviewed for compliance with requirements of the final site plan. Any permit for temporary use and structure shall expire at the end of two years or upon completion of the project for which the temporary use has been authorized, whichever is sooner, and shall be removed or converted to a permitted use upon such expiration. Extensions to the original permit may be granted for a period of one year by the developmental review board as a special exception.

(b)

Other temporary uses such as Christmas tree sales, pumpkin sales, rummage sales, temporary flea markets, carnivals, festivals, promotional activities and temporary post-disaster housing (pursuant to Pinellas County Code chapter 34, article II, division 2, emergency housing) or other temporary uses, as may be approved by the city manager, may be permitted under the following criteria:

(1)

May be permitted in commercial, industrial or agricultural zones, or in other zones if on the site of an existing civic organization (e.g., church, Boy Scouts, school, fraternal organization or similar activity).

(2)

A time limit of 30 consecutive days only, except as approved for temporary post-disaster housing.

(3)

Applicant to provide site plan showing sales area, size and location of any temporary signage, any temporary structures that may be proposed, adequate off-street parking area, and a written statement of permission from the property owner to conduct the use.

(4)

The provisions of section 70-886 shall be met for any tent.

(5)

The zoning approval shall indicate the dates of operation.

(c)

Garage sales at a single-family residence do not require a permit; however, garage sales shall be limited to not more than a three-consecutive-day event and not more than three such events during any calendar year (January—December). Garage sale items are limited to personal household goods, and not for the sale of items typically associated with a business or commercial uses. All associated signage shall be removed after the day of the sale.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Tents may be erected in any zoning district for a period not to exceed 30 days for the purpose of special sales, promotions, entertainment, educational, religious, evangelistic or similar special events subject to the following:

(1)

The use of the tent shall be limited to an authorized use of the property in the zoning district where located.

(2)

The tent shall comply with all setback requirements.

(3)

Adequate off-street parking shall be provided.

(4)

The applicant shall submit a detailed plot plan showing the location of the tent, the floor area and maximum capacity (number of persons) of the tent, the number and location of off-street parking spaces, a traffic circulation plan showing all ingress/egress locations, a signage plan and the location of any structures existing on the site. The plan shall be examined by the building/life safety services section to determine compliance with this chapter and other applicable codes, ordinances or regulations. No approval for a building permit shall be issued until the plan complies with these provisions.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

No livestock shall be maintained, raised or housed within any zoning district except where specifically authorized by this chapter.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(a)

A zoning approval shall be required for any topography alteration or excavation that is more than five cubic yards but less than 250 cubic yards. Prior to issuance of such approval, a scaled site and/or grading plan shall be submitted to and approved by the community development department, which shall show the following:

(1)

Boundaries of the property.

(2)

Location of all trees that are protected pursuant to chapter 62, article II, on the site.

(3)

Location of proposed fill or excavation.

(4)

Existing and proposed topography, including surface water areas.

(b)

No zoning approval is required for fills or excavations of less than five cubic yards; however, no fill or excavation regardless of size shall detract from or interfere with the city's or county's ultimate drainage plans or adversely affect existing drainage patterns or cause drainage or water to flow onto adjacent properties. Where such interference or detraction appears possible, a zoning approval pursuant to this section may be required. Tree removal permits are required for fills and/or excavations.

(c)

A zoning approval shall be required for any landfill or excavation that is 250 yards or more. However, the only permitted excavations of 250 yards or more are for removal of illegal fill, or fill that has been made illegal by subsequent legislation after the fill was originally placed, or excavation conducted under a development order issued as part of an approved site plan. The requirements contained in section 70-888 are required to be met prior to an approval being issued.

(d)

Prior to the approval of any excavation, the site plan review agencies (as required) shall examine a preliminary site plan (a cross section of the excavation is required) to determine whether the proposed excavation will be detrimental to or interfere with the health, safety or general welfare. The plan, once approved, shall become a condition upon which the excavation is permitted; and any change or addition shall constitute a violation of this chapter unless the change or addition is examined by the city site plan review agencies according to the same criteria required for original issuance, and approved by the developmental review board.

(1)

No excavation of earth shall be within 150 feet of any road right-of-way line, unless the excavation is conducted under a development order issued as part of an approved site plan.

(2)

Unfenced excavations of earth shall be no closer than 50 feet to an adjoining lot or parcel. Fenced excavations shall be no closer than 25 feet to an adjoining lot or parcel. These restrictions shall not apply to an excavation that is conducted under a development order issued as part of an approved site plan.

(3)

Depth and slope shall be determined by the city engineer and/or the county water system according to demands for safety from pollution of the underground watercourses to be determined according to the nature of the particular substrata soil structure.

(4)

No excavation shall detract from or interfere with the county's or the city's ultimate drainage plans or existing patterns. No excavation may be approved that would pollute the underground watercourses.

(5)

All plans for proposed excavation shall be required to bear the seal and signature of an engineer registered and licensed by the state and shall show a positive outfall of overflow into the city and county drainage system.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Site plans for marinas shall not be approved unless such plans are in substantial compliance with the goals, objectives and policies of the coastal management and conservation element of the city's adopted comprehensive plan. For purposes of this chapter, marinas and other water-dependent uses shall include any facility adjacent to and utilizing access to a body of water providing boat storage and launching, docking, building, repair, maintenance and outfitting of watercraft that requires access to water, or any similar water-dependent use.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(a)

Intent. It is the intent of this section to encourage the provision of affordable housing in a general residential environment by permitting the use of residential design manufactured housing in residential districts in which similar dwellings constructed on the site are permitted, subject to the requirements and procedures set forth in this section to assure similarity in exterior appearance between such residential designed manufactured housing and dwellings that have been constructed under these and other lawful regulations on adjacent lots in the same district. Manufactured homes approved as residential design manufactured homes, either individually or by specific model, shall be permitted in residential districts in which similar residential occupancy is permitted, subject to requirements and limitations applying generally to such residential use in the districts, including minimum lots, yard and building spacing, percentage of lot coverage, off-street parking requirements and approved foundations as described in this chapter.

(b)

Procedures for approval of residential design manufactured homes. Approval for residential design manufactured homes shall be authorized by the city manager or designee.

(1)

Application. Application for approval of manufactured homes as residential design manufactured homes shall be submitted to the city manager's office or his designee in such form as may reasonably be required to make determinations, in particular, in addition to such information as is generally required for permits and as is necessary for administrative purposes, such applications shall include all information necessary to make determinations as to conformity with the standards herein, including photographs of all sides of the residential design manufactured homes, exterior dimensions, roof pitch, roof materials, exterior finish, and other information necessary to make determinations.

(2)

Actions by the city manager or designee; time limitations on determinations. Within seven days of receipt of the application and all required supporting materials, the city manager or designee shall make the determination as to conformity with the standards of this section, and shall notify the applicant of the approval, conditional approval, or denial of the application. Conditional approval shall be granted only where the conditions and reason therefore are stated in writing and agreed to by the applicant, and such conditions shall be binding upon the applicant. In the case of disapproval, the reasons therefore shall be stated in writing.

(c)

Standards for determinations of similarity in exterior appearance. The following standards shall be used in determinations of similarity in appearance between residential design manufactured homes, with foundations approved as provided in this subsection, and compatible in appearance with site-built housing constructed in adjacent or nearby locations.

(1)

Minimum width of main body. Minimum width of the main body of the residential design manufactured homes as located on the site shall not be less than 20 feet as measured across the narrowest portion. This is not intended to prohibit the offsetting of portions of the home.

(2)

Minimum roof pitch; minimum roof overhang/roofing materials. Minimum pitch of the main roof shall be not less than one foot to rise for each two and one-half feet of horizontal run, and minimum roof overhang shall be one foot. In cases where site-built housing generally has been constructed in adjacent or nearby locations with lesser roof pitches and/or roof overhangs or less than one foot, the residential design manufactured homes may have less roof pitch and overhang similar to the site-built houses. In general, any roofing material, other than a built-up composition roof, may be used that is generally used for site-built houses in adjacent or nearby locations.

(3)

Exterior finish; light reflection. Only material for exterior finish that is generally acceptable for site-built housing constructed in adjacent or nearby locations may be used; however, reflection for such exterior shall not be greater than from siding coated with clean white gloss exterior enamel.

(4)

Approved foundations required in residential districts. No residential design manufactured homes shall be placed or occupied for residential use on a site in a residential district until such foundation plans have been submitted to and approved by the city manager or his designee as to the appearance and durability of the proposed foundation and being acceptably similar or compatible in appearance to foundations or residences built on adjacent or nearby sites. All homes shall be placed on permanent foundations.

(5)

Site orientation of the manufactured home. Residential design manufactured homes shall be placed on lots in such a manner as to be compatible with and reasonably similar in orientation to the site-built housing constructed in adjacent or nearby locations.

(6)

Garages, carports in residential neighborhoods. A residential design manufactured homes shall be required to be provided with a garage and/or carport compatible with the residential design manufactured homes and the site-built garages and/or carports constructed in adjacent or nearby residential neighborhoods that include garages and/or carports.

(7)

Comparison with other housing. Residential design manufactured homes shall be compared to site-built housing in the neighborhood within the same zoning district. Approval for residential design manufactured homes shall not be granted unless it is found that the residential design manufactured home is substantially similar in size, siding, material, roof pitch, roof material, foundation and general appearance to site-built housing that may be permitted by the zoning and/or building code in the neighborhood in the same zoning district.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(a)

Purpose. Accessory dwelling units (ADU) are intended to provide additional housing that is incidental to a primary use while ensuring that the intended neighborhood character is protected. Accessory dwelling units are intended to provide guest housing, security residence, and/or affordable housing options.

(b)

Applicability. The provisions of this section shall apply to the establishment of a new accessory dwelling unit and expansion of any existing legally permitted accessory dwelling unit. This provision does not supersede any provisions prohibiting or limiting ADUs within deed restricted communities. ADUs are subject to the applicable zoning district development standards.

(c)

Standards.

(1)

Accessory apartments, garage apartments, and guest houses may be permitted as accessory uses to any single-family detached homes in all residential districts subject to the applicable district regulations and the following requirements:

a.

No more than one accessory apartment, garage apartment, or guest house may be permitted on any single-family residential lot or parcel.

b.

An accessory dwelling use shall be subordinate to the principal use as to location, height, square footage and building coverage. Units are limited to 750 square feet.

c.

Mobile homes and recreational vehicles are prohibited from being used as guest houses or accessory dwelling units.

d.

Separate utility meters from the principal use shall be allowed.

e.

An accessory dwelling unit structure shall be architecturally compatible with the principal residential structure.

f.

One of the units on the property is required to be owner-occupied.

(2)

Accessory dwelling units are exempt from district density limitations and parking requirements; however, are subject to setback, height and ISR requirements of the zoning district.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Parking for a professional, commercial or industrial zoned use that proposes to utilize an abutting residentially zoned district for parking, subject to the following:

(1)

No portion of the parking lot shall be located no greater than 150 feet from the common boundary between the professional, commercial or industrial zoned use and the residentially zoned property.

(2)

Parking so provided shall count towards the parking requirements on adjacent professional, commercial or industrial property.

(3)

Parking shall be designed so as to provide a transition between the professional, commercial or industrial zoned properties and the residential areas by providing appropriate screening and buffering and shall not be used for any business purposes other than parking.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Special event permits are administrative regulations intended to provide orderly and effective management of temporary events not otherwise provided for in the code. Such events are often found to be desirable for limited periods of time while they might not be keeping with the intent and purpose of the land uses, if allowed on a long term basis.

The provisions of this section allow thorough administrative review of these special types of events a method of limiting them to their individual specifications. These provisions are designed to allow certain reasonable temporary events while minimizing adverse impact upon the public health and welfare.

(a)

Permits. Application for a special event permit shall be made to the city for events as described herein, and shall contain the following information:

(1)

A survey or legal description or plot plan of the property to be used for the special event, including all information necessary to accurately portray the property and to identify the area to be utilized for the event, shall be submitted. A statement from the property owner that the special event is permitted on the property and the special event representative is designated by the property owner.

(2)

A description of the proposed special event and, if necessary, a drawing or narrative identifying details of event facilities, size and location of signage and the means of ingress and egress at the discretion of the reviewing official above mentioned.

(3)

In addition to the above, sufficient information and assurances to determine the suitability of the proposed special event as required by the city, as may be applicable. This information may include but is not limited to the following:

a.

Documentation from the county health department regarding arrangement for temporary sanitary facilities and such assurances as the city may require concerning compliance.

b.

Such information and assurances as the city may require concerning length of the special event.

c.

Such information and assurances as the city may require concerning hours of the special event.

d.

Provision for and, if deemed necessary, a financial guarantee, in the amount determined by the city and in a form approved by the city, to assure that the premises will be cleared of all debris during and after the special event. A formula to determine the amount required will be established by city staff to allow flexibility to change as market conditions change.

e.

Provision for adequate parking.

f.

A financial guarantee in an amount determined by the city and in a form approved by the city guaranteeing the repair of public right-of-way of any damage resulting to the right-of-way as a result of the special event. A formula to determine the amount required will be established by city staff to allow flexibility to change as the market conditions change.

g.

The city may require that security be required if alcohol is to be served at a special event. If required by the city, the applicant must provide documentation that security has been provided on site, by either the county sheriff's office or a uniformed private security company. There shall be a minimum of two security personnel for each special event. The number of security personnel may be increased dependent upon the size of the special event.

(b)

Criteria and requirements for special event. A permit for a special event shall be issued upon such conditions as the city may reasonably require to assure compliance with all information and assurances submitted with the application and shall, in addition, be expressly conditioned upon the following:

(1)

Documentation from the county health department regarding arrangements for temporary sanitation, health and safety facilities or equipment. Condition shall be based on number of people attracted to the event and if alcoholic beverages will be served.

(2)

Alcoholic beverage service allowed at special events will be determined by the city council for those zoning districts that do not allow for the dispensing of alcoholic beverages.

(3)

No permanent or temporary lighting is to be installed without an electrical permit and an inspection and shall not adversely impact adjacent uses.

(4)

No tents or structures are to be erected without acquiring a separate permit and an inspection and shall not adversely impact adjacent uses.

(5)

The special event site is to be cleared of all debris at the end of the special event and cleared of all temporary structures within two days after closing of the event.

(6)

If required by the city, traffic control and pedestrian safety arrangements in the vicinity of the special event are to be arranged by the operators of the special event with the county sheriff's department. Traffic generation will not adversely impact flow of traffic and traffic volumes on adjacent roadways. Use of existing access drives will be encouraged, when possible.

(7)

Specific limits as to time, not to exceed three days for any one special event, shall apply.

(8)

Levels of noise volume shall not adversely affect adjacent residential areas.

(9)

Special events shall be substantially compatible with adjacent uses dependent upon dates and hours of operation and the other requirements set forth herein.

(c)

Administration.

(1)

General. Upon application as provided for above, the city may issue a special event permit subject to any conditions imposed in this article. Upon finding that the application does sufficiently comply with those general standards set forth above as well as other applicable standards contained in the code as conditioned, as provided for herein, the city shall issue a special event permit, setting forth the duration of the permit and specifying such conditions as to hours, location, parking, traffic, access and any other conditions of the activity. The permit shall, otherwise, be denied.

(2)

Application time. The application for a special event permit for all uses shall be filed at least 14 days prior to the date on which the permit is to take effect. The city manager may approve a lesser time period. The application forms shall provide such information as the city shall find to be reasonably necessary for fair administration.

(3)

Public notice discretionary. At the discretion of the city manager, public notice to abutting property owners of the proposed location shall be required. The decision to require public notice shall be made within two days after receipt of a complete permit application. The applicant shall provide a certificate of notice within five days after notification of the requirement.

(4)

Right of appeal. Any special event permit denial may be appealed by the applicant to the city council.

(5)

City council authority. Upon filing of such an appeal, the permit shall be withheld until the city council hears the appeal and renders a decision. The city council shall have final authority to approve, conditionally approve, or deny the permit application.

(6)

Revocation of permit with stay. The city manager or his designee, upon finding that the terms of any permit are being violated, may revoke the permit and order the immediate cessation of the special event. The holder of the permit may appeal that revoking to the city council and denial shall be stayed pending the appeal.

(7)

Revocation of permit without stay. Upon finding imminent and hazardous threats to public health and safety caused by any special event, the city manager may take reasonable steps to prevent public access thereto and to eliminate such hazard and may revoke or suspend a permit. An appeal of such action may be taken as provided above, but without a stay of the revocation or suspension. A permit may be reinstated provided that the applicant has met all conditions required by the city manager and city council.

(8)

Charitable and nonprofit organizations. Consideration for permitting a special event may be given to charitable or nonprofit organizations.

(d)

Events. The following special events are subject to, but not limited to, the regulations contained in section 70-885, where applicable.

(1)

Carnival or circus.

(2)

Events of public interest. A special event permit may be issued for any special event of public interest, including but not limited to, outdoor concerts, speeches and rallies.

(3)

Tent meeting.

(4)

Charitable promotional activities involving the outdoor display of goods and merchandise. In non-commercial zones, a special event permit may be issued for a period of not more than three consecutive days to display and sell merchandise.

(5)

Charity auctions.

(6)

Exhibitions.

(7)

Artists and craftsmen.

(e)

Penalty for failure to comply. Any person, organization, society, association or corporation, or any agent or representative thereof, who shall violate the provisions of this article shall be subject to code enforcement, or upon conviction in court, to a fine not exceeding the sum of $500.00.

(f)

Fees. There shall be no fee for a special event permit for the special events which are organized and controlled by a charitable or non-profit sponsor. For other types of special events, in particular commercially related special events, the fees shall be established from time to time by resolution of the city council.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Recreational vehicle park means a development designed specifically to allow temporary and/or permanent living accommodations for recreation, camping or travel use.

(a)

General requirements. A recreational vehicle park shall meet the following general requirements:

(1)

It shall be primarily for recreational use by persons with transportable recreational housing, with appropriate accessory uses and structures.

(2)

The land on which it is developed shall be under unified control and shall be planned and developed as a whole in a single development operation or programmed series of development operations for recreational vehicles and related uses and facilities. Subsequent subdivision of lots is prohibited.

(3)

The principal and accessory uses and structures shall be substantially related to the character of the development in the context of the district of which it is a part.

(4)

The park shall be developed according to comprehensive and detailed plans that include not only streets, utilities, lots or building sites and the like, but also site plans, floor plans and 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 building.

(5)

The park shall have a program for provision, maintenance and operation of all areas, improvements and facilities for the common use of all or some of the occupants of the park, but will not be provided, operated or maintained at general public expense.

(b)

The allowable uses in a recreational vehicle park include the following:

(1)

Recreational vehicles.

(2)

Park trailers (park models) as defined by state and/or federal law.

(3)

Convenience establishments for the sale or rental of supplies or for provision of services, for the satisfaction of daily or frequent needs of campers, within the park may be permitted. These establishments may provide groceries, ice, sundries, bait, fishing equipment, self-service laundry equipment, bottled gas and other similar items needed by users of the park. These establishments shall be designed to serve only the needs of the campers within the park and shall not, including their parking areas, occupy more than five percent of the area of the park, and shall not be so located as to attract patronage from outside the grounds, nor have adverse effects on surrounding land uses.

(4)

Marinas or launching ramps may be permitted where allowed in the land use/zoning district, subject to either minimum requirements or supplemental standards, within the district. Marinas or launching ramps shall not include facilities for storage of boats other than those rented in connection with the park operation. There shall be no facilities for the repair or overhaul of boats.

(c)

Site design requirements. The following site design requirements in a recreational vehicle park shall be met:

(1)

The minimum land area shall be eight acres.

(2)

The maximum density shall be 18 spaces per acre. Storage spaces shall be included in the density calculation.

(3)

Individual spaces shall take access to internal streets and shall not take direct access to adjoining public rights-of-way.

(4)

Access to the recreational vehicle park shall be from a collector or arterial roadway.

(5)

Internal streets shall provide safe and convenient access to spaces and appropriate park facilities. Alignment and gradient shall be properly adapted to topography. Construction and maintenance shall provide a well-drained and dust-free surface that is of adequate width to accommodate anticipated traffic, and in any case, shall meet the following minimum requirements:

a.

One-way, no parking, 12 feet.

b.

Two-way, no parking, 20 feet.

(6)

Streets serving less than 50 spaces may be used as part of the pedestrian circulation system. Elsewhere, if the relation of space locations to facilities within the park calls for establishment of pedestrian ways, they shall be provided, preferably as part of a common open space system away from streets, but otherwise sidewalks. No common access to the pedestrian ways, or to facilities within the park, shall be through a campground space.

(7)

Not less than eight percent of the area of the district shall be devoted to recreation area. The recreation area may include space for common walkways and related landscaping in block interiors, provided that the common open space is at least 20 feet in width as passive recreation space. At least half of the total required recreation area shall be comprised of facilities for active recreation, such as swimming pools or beaches, ball fields, shuffleboard courts, or play lots for small children. These facilities shall be so located as to be readily available from all spaces, and free from traffic hazards.

(8)

Camping spaces shall be so located in relation to internal streets as to provide for convenient vehicular ingress and egress if the space is intended for use by wheeled units. Where back-in or back-out spaces are used, appropriate maneuvering room shall be provided in the adjacent internal street and within the space.

(9)

Where spaces are to be used exclusively for erection of tents on the ground, provision for vehicular access onto such spaces shall not be required; but parking areas shall be located within 100 feet, except in circumstances in which providing such vehicular accessibility would result in excessive destruction of trees or other vegetation, or where it would be impractical to provide such parking areas within such distances for particularly desirable campsites.

(10)

Spaces shall be so related to pedestrian ways and principal destinations within the park as to provide for convenient pedestrian access to such destinations by the pedestrian systems.

(11)

No minimum dimensions are specified for spaces, but each shall provide a stand and the clearances and open spaces specified herein; and the boundaries of each stand and space shall be clearly indicated.

(12)

Spaces for dependent units shall be located within 200 feet by normal pedestrian routes of toilet, washroom and bath facilities.

(13)

Spaces for self-contained units, operating as such, may not be located more than 400 feet by normal pedestrian routes from toilet, washroom and bath facilities.

(14)

Stands shall be of such size, location and design to provide for the type of units that will use them. Thus where use by wheeled units is intended, vehicular access to the stand itself is essential. If use is to be restricted to tents to be erected on the ground, vehicular access to the stand itself is not essential; but the dimensions required may be different and it will be of primary importance that the stand have a level surface suitable for erection of a tent, composed of material suitable for driving and holding tent pegs, free of rocks, roots or other impediments to the driving of pegs to the depth of at least eight inches, and graded and drained to prevent flow of surface water into or under tents erected on it.

(15)

Stands shall be so located that when used, clearance from units, including attached awnings and the like, shall be as follows:

a.

From units on adjoining stands, ten feet.

b.

From internal streets of common parking area, ten feet.

c.

From portions of building not containing uses likely to disturb stand occupants, or constructed or oriented so that noise and lights will not be disturbing to occupants of space, 25 feet.

d.

From any other use or fueling facility, 50 feet.

(16)

Within each space, there shall be an area suitably located and improved for outdoor use by occupants of units and not to be occupied by units or towing vehicles except during maneuvering incidental to location or removal. This space shall be at least eight feet in minimum dimensions and 160 square feet in area in route parks, ten feet in minimum dimension and 200 square feet in area in destination parks, and shall be so located as to be easily accessible from the entry side of units as normally parked and oriented on stands.

(17)

Where fireplaces, cooking shelters, or similar facilities for open fires or outdoor cooking are provided within spaces or elsewhere, they shall be so located, constructed, maintained, and used as to minimize fire hazards and smoke nuisance within the park and in adjoining areas.

(18)

Design and construction of improvements shall comply with standards and specifications in the appendices.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

When developed as an independently sited residential facility, an adult congregate living facility shall not receive a certificate of occupancy/use until the appropriate license has been issued by the state department of children and family services. When developed as a part of a retirement community, the adult congregate living facility portion of the retirement community shall conform to the minimum standards as set forth in this section.

(a)

Retirement community.

(1)

A retirement community may consist of independent living dwelling units, assisted-living dwelling units, a central dining facility, accessory supporting structures and amenities designed and intended for the needs and uses of the residents of the retirement community, and may consist of a nursing home licensed per F.S. § 400.062.

(2)

Nursing care, if provided, shall be provided in licensed facilities, which may be located in the complex or in another setting as designated by the continuing care agreement.

(3)

When located in a residential or a commercial zoning district, the retirement community complex may provide limited commercial facilities (i.e., hair salon, apothecary), which are designed and intended exclusively for the use and personal services of the residents of the complex and which shall not be for public use.

(4)

Assisted-living dwelling units and nursing care facilities must be licensed by the state department of children and family services. No certificate of occupancy/use shall be issued by the city for any assisted-living dwelling units or nursing care facility until the appropriate license has been issued.

(b)

Nursing home. When developed as an independently sited facility, a nursing home shall not receive a certificate of occupancy/use until the appropriate license has been issued by the state department of children and family services.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(a)

The use in a home used for a home occupation must be conducted entirely within a dwelling and not be visible from the street or neighboring dwellings, and must be carried on by members of a household living in the dwelling except as provided below. The home occupation is to be clearly incidental and secondary to the use of the premises for dwelling purposes and is not to change the residential character thereof. A home occupation shall include, but not be limited to, the following uses of the premises when conducted within the standards established in this section:

(1)

Art studio;

(2)

Dressmaking;

(3)

Office of a lawyer, engineer, architect, IT or other profession or occupation meeting the requirements of this division.

(4)

Phone sales, mailing service, accountant, handicrafts, consultant or similar profession. The preceding list is meant to be illustrative only and is not all inclusive.

(b)

A home occupation shall not be construed to include uses such as tearooms, food processing establishments, restaurants, showrooms or commercial kennels, industrial, manufacturing, and personal service establishments such as hair salons, beauty shops and barbershops. Home occupations specifically prohibited would include auto and/or equipment repair, or any similar type of use which is not compatible with the residential neighborhood.

(c)

Standards.

(1)

No person shall be engaged in a home occupation other than members of the household residing on the premises except, up to one person may be engaged in a home occupation other than members of the household residing on the premises provided parking is available on site in a driveway or other standard parking area.

(2)

The home occupation shall not create vapors or fumes; and no home occupation shall be permitted where noise, light, dust or vibration extends beyond the lot or parcel line of an abutting lot or parcel.

(3)

Home occupations shall occupy no more than 20 percent of the total floor area of the dwelling.

(4)

All activities associated with the home occupation shall be conducted entirely within the premises. There shall be no visible evidence other than provided in this division that the premises is being utilized for any other use than a dwelling unless such display or evidence is located inside of the premises in a fashion as not to be visible from the street.

(5)

There shall be no physical change or alteration to the exterior appearance of a structure that would not be appropriate to its use as a dwelling.

(6)

One non-illuminated sign identifying the home occupation shall be permitted provided that such sign has an area of not more than one square foot and is fastened to and parallel with the structure.

(7)

The home occupation shall not generate traffic to the neighborhood so as to create a nuisance or a hazard.

(8)

The business tax receipt shall not be transferable with the property ownership.

(9)

No materials or stock in the trade are to be sold on the premises or stored outside the premises.

(10)

Customers may not conduct business on the premises.

(11)

Traditional home based instruction such as but not limited to tutoring and music where instruction is provided by only one instructor to only three students per class with no more than ten classes per day between the hours of 9:00 a.m. and 6:00 p.m. shall be considered a home occupation.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Day care centers in residential districts, subject to the following:

(1)

Provide a gross land area of 500 square feet per child (does not apply to adult day care).

(2)

Orient all children's play areas and provide buffering and separation, as deemed appropriate by the developmental review board, so as to prevent adverse impact to adjacent properties (does not apply to adult day care).

(3)

Facilities to be licensed as required by appropriate governmental agencies.

(4)

Parking required at one space per employee plus one space per each ten students or clients.

(5)

Prior to the receipt of a certificate of occupancy from the city, an emergency management plan, including evacuation strategy, will be submitted to the city.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(a)

Must be located at least 300 feet from major arterial roadway and/or residential zoned area.

(b)

Material that is not salvageable shall not be permitted to accumulate, except in bins or containers, and shall be disposed of in an approved sanitary landfill. The period of accumulation is limited to two months.

(c)

In no case shall material that is not salvageable be buried or used as fill.

(d)

Any items that can be recycled or salvaged shall be accumulated in bins or containers to be sold to a recycling firm.

(e)

Recyclable material that cannot be stored in bins or containers may be stored in the open.

(f)

Junkyard operators shall be responsible for compliance with all applicable federal and state regulations pertaining to the handling, storage and disposal of waste fluids. In no case shall disposal of waste fluids be permitted on the site, except with the express approval of the state department of environmental regulation.

(g)

In any open storage area, it shall be prohibited to keep any icebox, refrigerator, deep-freeze locker, clothes washer, clothes dryer, or similar airtight unit having an interior storage capacity of one and one-half cubic feet or more from which the door has not been removed.

(h)

Screening. All junkyards shall comply with the following screening requirements:

(1)

All outdoor storage facilities shall be surrounded by a decorative solid continuous wooden or PVC fence (not including chain link fences), or a masonry wall, any of which shall be a minimum of eight feet in height without openings of any type, except for one entrance and/or one exit, which shall not exceed 25 feet in width, or as required by the fire marshal or public utilities.

(2)

Gates at entrance or exit shall be of a material without openings.

(3)

The screen shall be constructed of the same type of material throughout.

(4)

Screens shall be setback at least 25 feet from any street line or setback line, and no storage or dismantling shall be permitted outside the required screen.

(5)

No screen shall be constructed of metal that will rust.

(6)

Screens shall be maintained and in good repair at all times.

(i)

Buffer in lieu of screening. Where an outdoor storage facility does not abut a public street or highway, a vegetative buffer may be permitted in lieu of screening. A buffer as described in chapter 58, section 58-330 shall be required.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)