Seminole County Unincorporated
City Zoning Code

PART 6

- ADDITIONAL USE STANDARDS

Sec. 30.6.1.- Accessory buildings and uses.

30.6.1.1 Accessory uses in office and multiple-family residential uses.

(a)

Accessory uses, when permitted, are intended to complement any permitted uses.

(b)

Accessory uses shall include, but not be limited to: Drafting service or quick reproduction service, cafeteria and/or coffee shop, nurse's station, snack bar, or sales of non-prescription health and pharmaceutical products apothecary.

(c)

Location. Accessory uses shall be included as tenants within a principal office building and shall not be permitted to occupy separate buildings.

(d)

Floor area permitted. Accessory uses shall not occupy more than twenty (20) percent of the floor area of any building.

(e)

Other restrictions. No display of advertising signs or merchandise which is visible from outside the building or an individual outside entrance shall be permitted for any accessory use.

(e)

Accessory uses as described above are permitted in the following zones:

(1)

OP Office District

(2)

R-3A, R-3, and R-4 Multiple-Family Dwelling Districts

(f)

The determination of whether a use is accessory shall be made by the Development Services Director based on the intended use, size, and transportation impacts.

30.6.1.2. Accessory buildings and uses in residential areas.

(a)

When an accessory building is attached to a main building by a breezeway, passage, or otherwise, it shall comply with dimensional requirements of the main building.

(b)

In no event shall an accessory building, boat dock, or structure be established prior to the principal use to which it is accessory.

(c)

In any residential area, no livestock or fowl, other than backyard chickens in compliance with Section 30.6.19, may be housed or pastured closer than one hundred fifty (150) feet to any lot line nor may any commercial production of any stock, animal, or fowl be permitted.

(d)

In the case of double frontage lots and where there is a conforming six (6) foot high minimum solid fence or wall to the rear of the property and in the case of detached accessory structures under two hundred (200) square feet in size and under twelve (12) feet in height, there shall be a minimum ten (10) feet rear yard setback. Specific to RC-1: Any structure used to stable horses shall maintain a minimum setback of fifty (50) feet from property lines and a minimum setback of one hundred (100) feet from any residential structure on an adjacent lot or parcel.

(e)

Accessory buildings shall not exceed the principal building in terms of mass, size, and height unless located in the A-1 zoning District and used for agricultural purposes such as a livestock barn or stable. Each detached accessory structure or building shall not exceed fifty (50) percent of the living area of the principal building. This provision does not apply to accessory structures within the A-3, A-5, and A-10 zoning Districts. A screened pool structure height may exceed the height of the principal structure, but no taller than permitted by the applicable zoning district.

(f)

An accessory building or structure greater than 200 square feet and twelve (12) feet in height shall comply with the following architectural standards unless located in the A-1, A-3, A-5, and A-10 zoning districts and used for agricultural purposes such as a livestock barn or stable: the exterior and roof (if any) shall be comprised of materials commonly used throughout Seminole County in single family residential construction, such as stucco, brick, vinyl, aluminum or wood for the siding or walls and shingles, tiles or corrugated metal for the roof. Accessory Dwelling Units must conform with Section 30.6.1.3 of this Part.

30.6.1.3 Accessory Dwelling Units.

(a)

Accessory Dwelling Units Generally.

(1)

It is the purpose of this Section to allow accessory dwelling units (ADUs), as defined in Section 2.3, with appropriate regulations, in all Single Family, Agricultural, and Rural Districts; and in Planned Developments which are approved for single family use. It is also the purpose of this Section to create a regulatory framework that encourages the development of ADUs that are rented on the local housing market to residents of unincorporated Seminole County. The County adopts the view of the Florida Legislature as stated in section 163.31771, Florida Statutes, pertaining to the need to encourage the permitting of ADUs in single family residential areas in order to increase the availability of affordable rentals for extremely-low-income, very-low-income, low-income, or moderate-income persons.

(2)

On any lot or parcel containing an ADU, either the principal dwelling or the ADU shall be occupied by the owner of the property. ADUs shall not be subdivided or otherwise conveyed into separate ownership from the principal dwelling. ADUs shall be rented or leased for a minimum period of thirty (30) days.

(3)

An existing home may be utilized as an ADU upon construction of an additional unit at least two hundred eighty-five (285) percent of the size of the original unit. Except as authorized under Section 5.19(b), an existing structure to be converted to an ADU may be no larger than 1,000 square feet.

(4)

The provisions of this Section permitting ADUs do not authorize persons to violate applicable restrictive covenants or homeowner association rules and regulations. The County does not police or enforce private restrictive covenants or homeowner association rules and regulations. Persons obtaining approval for ADUs are solely responsible for compliance with all applicable restrictive covenants and homeowner association rules and regulations.

(5)

ADUs shall not be permitted in association with nonconforming residential development in the Industrial, Commercial, Office, and Higher Intensity Planned Development (HIP) future land use designations.

(6)

The Board of Adjustment shall not consider variances related to ADU size, or minimum area and width of any lot where an ADU is proposed.

(7)

A minimum of one (1) off-street parking space shall be provided for the ADU, located on the same lot or parcel and served by the same driveway as the principal dwelling unit. This space shall be paved or covered with a stabilized surface acceptable to the County Engineer. No ADU parking space shall be located within a required buffer or setback area, or to the rear of the unit.

(8)

Impact Fees.

If used for affordable rental purposes, impact fees for an ADU shall be waived or reduced as dictated by the adopted Impact Fee Rates/Schedule. An application for a building permit to construct an affordable rental must include an affidavit from the applicant which attests that the unit will be rented at an affordable rate to an extremely-low-income, very-low-income, low-income, or moderate-income person or persons. Seminole County will require deed restrictions or other agreements as necessary to ensure that the ADU is used for affordable housing purposes.

If an ADU is not used for affordable rental purposes or the application does not include an affidavit which attests to the ADU as an affordable rental, impact fees will be assessed as dictated in the Seminole County Impact Fee Rate Schedule.

(b)

Accessory Dwelling Units in A-3, A-5, and A-10.

(1)

ADUs in A-3, A-5, and A-10 shall be permitted by right subject to the following requirements:

No more than one (1) accessory dwelling unit shall be permitted on any parcel or lot;

Except as provided in Section 5.19(b), total floor area of the accessory dwelling unit shall not exceed thirty-five (35) percent of the gross floor area of the main residence; or one thousand (1,000) square feet, whichever is less;

A manufactured home, as defined in Section 2.3, may be permitted as an ADU on property where the principal structure is also a manufactured home.

ii.

The moving hitch, wheels, axles, and transporting lights shall be removed from a manufactured dwelling unit and skirting shall be placed around the base, in compliance with any regulations of the National Flood Insurance Program, to ensure neighborhood compatibility.

If located in a detached structure, the accessory dwelling unit shall maintain the same front setback as the main structure and not project beyond the established building line unless set back a minimum of one hundred (100) feet from the front property line.

(c)

Accessory Dwelling Units in Other Districts.

(1)

ADUs shall be permitted in all R-1 Districts, RC-1, and A-1, subject to administrative approval by the Planning Manager. In addition, ADUs shall be permitted in the PD zoning district, subject to administrative approval by the Planning Manager, on lots designated for single family residential use, having a minimum lot area of five thousand (5,000) square feet and fifty (50) feet in width.

(2)

An ADU shall be architecturally compatible with the principal dwelling unit and subject to the same building code requirements. The following criteria shall be met, as applicable:

The ADU must have a complementary appearance to that of the principal structure. This may be achieved through use of the same natural materials used to construct the primary structure such as wood, stone, and/or manufactured products such as brick, stucco, or decorative concrete block. Also, architectural elements such as awnings, parapets, decorative molding, and windows may be utilized to create compatibility and consistency between the appearance of the principal dwelling unit and an ADU.

Building elevations shall be provided for review prior to issuance of permits.

(3)

Impervious coverage for any lot or parcel wherein an ADU is constructed shall not exceed the following limits:

Zoning District	Maximum Impervious Coverage*
RC-1, A-1	30%
R-1BB	65%
R-1B	60%
R-1	50%
R-1A	40%
R-1AA	40%
R-1AAA	40%
R-1AAAA	30%
PD	**
The per-lot impervious coverage provided for by the approved Master Stormwater Management System Design (excludes Planned Developments). *The per-lot impervious coverage provided for by the approved Master Stormwater Management System Design for the Planned Development.

30.6.1.4 Accessory buildings in agricultural zones.

(a)

Buildings or structures which are not intended to be used for the housing or shelter of livestock or fowl and which are accessory to the residential use shall maintain the same front and side yards as the main structure and shall maintain rear yards of a minimum of ten (10) feet. Accessory buildings or structures shall not project beyond the established building line unless set back a minimum of one hundred (100) feet from the front property line.

(b)

Buildings or structures which are intended for use or used for the housing or shelter of livestock or with the operation of an agricultural use or commercial kennels shall observe a minimum setback of fifty (50) feet from any property line and be spaced a minimum of one hundred (100) feet from any residence on an adjacent lot or parcel.

30.6.1.5 Accessory uses in RM-1 Zoning District. Mobile home lots may include such accessory uses as are customarily utilized by mobile home occupants. These shall include accessory storage buildings and carports. Such accessory buildings shall have no sanitary plumbing (i.e., kitchen sinks, commodes, bathtubs, showers, or kitchen facilities, but laundry tubs or washing machine connections are permitted). Screened porches or cabanas provided they are attached to the mobile home. Total additions to the living area shall be limited to equal square footage of the mobile home, but shall not exceed eight hundred (800) square feet. Other accessory uses shall not exceed five hundred (500) square feet.

30.6.1.6 Accessory uses in RM-2 Zoning District. Mobile home sites may incorporate screened porches, cabanas, and carports with utility areas attached to the mobile home.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

Sec. 30.6.2. - Accessory housing for employees.

30.6.2.1 Applicable to the RM-3 Zoning District. One (1) house or mobile home is permitted as office and housing for the operator of the park. Additional houses or mobile homes may be permitted for night watchman or security guards on approval of the Planning and Zoning.

30.6.2.2 Applicable to the OP Zoning District. A single family dwelling unit may be permitted in connection with a permitted use provided said use is occupied only by the owner or operator of the business. When permitted, the residence shall be either above the office or attached to the rear; no detached residence shall be permitted, and no residence shall occupy ground-floor frontage.

30.6.2.3 Applicable to Commercial Zoning Districts. The Board of County Commissioners may authorize living quarters, in conjunction with a commercial use, to be occupied by the owner or operator of the business or an employee.

30.6.2.4 Applicable to the M-1A Zoning District. Living quarters for guards, custodians, and caretakers are permitted when such facilities are accessory uses to the primary use of the premises.

30.6.2.5 Applicable to the M-1 Zoning District. The Board of County Commissioners may authorize the parking and location of a mobile home or house trailer to provide quarters for a watchman or security guard after study of the area and review of the conditions pertaining to the need.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

Sec. 30.6.3. - Additional use standards specific to agricultural zones.

30.6.3.1 Uses by general permit in agricultural zones.

(a)

Pursuant to the procedures set forth in this Section, the Planning Manager or the Board of County Commissioners may permit light commercial and light industrial uses upon parcels assigned the A-1, A-3, A-5, and A-10 zoning classifications.

(b)

Applications proposing a light commercial or light industrial use upon parcels assigned the A-1, A-3, A-5, or A-10 zoning classifications shall be submitted to the Planning Manager. Such proposed uses may be approved only after the proposed use is determined to be appropriate based upon findings of fact that the use requested:

(1)

Is consistent with the rural or agricultural uses in the vicinity of the parcel.

(2)

Is not detrimental to the character of the area or neighborhood or inconsistent with the trends of development in the area or neighborhood based upon the historic uses of the properties.

(3)

Is not highly intensive in nature.

(4)

Is compatible with the concept of maintaining the integrity of the rural or agricultural characteristics of the area.

(5)

Does not have an unduly adverse impact on existing traffic patterns, movements, or intensity.

(6)

Has direct access onto a collector or arterial roadway.

(7)

Has access to an adequate level of applicable public services such as sewer, water, police, fire, schools and related services.

(8)

Is consistent with the Seminole County Comprehensive Plan.

(c)

Upon a determination that a proposed use is appropriate for the subject property, the Planning Manager shall cause a "Notice of Intent to Grant a General Use Permit" to be published in a newspaper of general circulation. The Notice shall, at a minimum, state the address of the property and the proposed light commercial or light industrial use. The Notice shall further state that any person objecting to the granting of the permit must file a notice of objection with the Planning Division within thirty (30) days of the publication.

(d)

Upon a determination that a proposed use is not appropriate for the subject property, the applicant may appeal said decision to the Board of County Commissioners by filing a notice of appeal with the Planning Division within thirty (30) days of the rendering of the decision. The Planning Division shall schedule the appeal before the Board. The Board may approve the permit request, deny the permit request or approve the permit request subject to such restrictions and conditions deemed necessary to protect the character of the area or neighborhood and the public health, safety, and welfare.

(e)

If the Planning Division receives no objections, then the Planning Manager shall grant the permit to allow the proposed light commercial or light industrial use. In granting any light commercial or light industrial use, such restrictions and conditions may be placed on the approval as shall be deemed necessary to protect the character of the area or neighborhood and the public health, safety and welfare. A proposed master plan of development shall be submitted at the time of application, and approval shall be based upon and limited to the extent of said master plan.

(f)

If the Planning Division receives an objection to granting the permit, then the Planning Manager shall schedule a public hearing before the Board to consider the permit. The Board may approve the permit request, deny the permit request or approve the permit request subject to such restrictions and conditions deemed necessary to protect the character of the area or neighborhood and the public health, safety, and welfare.

(g)

In the absence of the Planning Manager, the Development Services Director may issue permits pursuant to this Section.

30.6.3.2 Special Exceptions - A-1 Zoning District.

(a)

A manufactured home may be permitted as a Special Exception without a specific time limit on a lot or parcel of record subject to the following requirements:

(1)

Only one (1) single-family manufactured home may be permitted.

(2)

It shall bear a seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standard Act.

(3)

It shall be subject to all applicable regulations of the zoning classification (i.e., setbacks, land uses).

(4)

Where installation of a septic tank is proposed, an acceptable percolation and depth-of-water-table test shall be submitted at the time of application.

(5)

If the proposed site is known to be in a flood prone area, an acceptable plan shall be submitted at time of application which details steps to prevent hazard to health and property.

(6)

An approved single-family manufactured home shall be firmly anchored in accordance with all applicable codes and shall have skirting installed to screen the underside of the structure.

(7)

The moving hitch, wheels and axles and transporting lights shall be removed from a manufactured dwelling unit and skirting shall be placed around the base, in compliance with any regulations of the National Flood Insurance Program, to ensure neighborhood compatibility.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

Sec. 30.6.4. - Temporary uses.

30.6.4.1 Carport/garage/yard sales. "Carport/garage/yard sales" may be held in any residential and agricultural districts. Such sales may not be conducted on the same parcel more often than twice each year and each sale shall not exceed three (3) days in duration. At the conclusion of such sales, all unsold items shall be removed or packed in such manner as not to create an unsightly view as seen from the street or from adjoining properties. Any signs advertising such sales shall be removed from the premises immediately at the conclusion of the sale. No merchandise may be stored or displayed outside the carport or garage.

30.6.4.2 Permits for site-specific special events, outdoor sales of merchandise, and temporary package storage permits, and mobile food vendors.

(a)

Temporary use of designated properties for special events and outdoor sales of merchandise.

(1)

Purpose and intent. The Board of County Commissioners finds that special events having a specific location often attract a large gathering of people and may cause impacts to the public health and safety, requiring appropriate regulations to insure adequate sanitation and sewage disposal facilities; law enforcement; fire rescue personnel and equipment; parking; traffic control; crowd control; and other concerns in the interest of public safety and public health. In enacting this Section, it is the intent of the Board to protect and promote the health, welfare, and safety of Seminole County citizens and visitors.

(2)

Use restrictions and general requirements.

Special events at specific locations are subject to the permitting provisions of this Section. The special event permit review process is intended to mitigate impacts on surrounding land uses where such impacts were not addressed through prior development approvals on the subject property. Special events which occur on a county-wide basis rather than at a particular location are not subject to the permitting provisions of this Section, except for off-premise signs.

No site specific special event may be permitted for more than fourteen (14) consecutive days, and no parcel of land may be permitted to have more than five (5) site specific special events in any twelve-month period, unless otherwise authorized by the Board of County Commissioners.

At the end of the period for which the site specific special event was permitted, the use of the approved location must be discontinued and all temporary structures involved must be removed and all permanent structures may be used only as permitted under applicable pre-existing development approvals.

Off-premise and on-premise signs may be used to announce, identify or direct attendees to the location of a site specific special event subject to the following requirements:

Off-premise signs. Permitted according to the provisions of Section 30.13.3(b)(2)a.

On-premise signs. A plan for all signs to be placed on-site, announcing or identifying the site specific special event, must be submitted with the application unless a special event application is not required by subsection 30.6.4(2)b. Evaluation of this plan will take into account traffic visibility; visibility of adjacent business signs and/or traffic signs and signals; disturbance to adjacent properties; and other appropriate considerations as determined by the Development Services Director. In the circumstance when a special event application is not required, the property owner shall be mindful of the foregoing considerations so as to not create a negative impact when placing on-premise signs.

The sale of admission or seating tickets in excess of the approved attendance shall be prohibited.

The operator of a site specific special event must obtain all required permits and authorizations from the owner of the property and all applicable agencies such as the Building Division, Public Works Department, Sheriff's Office, or other department or agency as needed.

Depending upon the type of special event being requested and the estimated attendance, security personnel may be required to staff the special event. A Security Plan shall be submitted by the event operator to the Planning and Development Division. The Security Plan shall include the security measures proposed to be taken (searches, metal detection, ID check, etc.), the location of these measures and the proposed number of security personnel. The Planning and Development Division will provide the Security Plan to the Sheriff's Office for review, recommendation and comment, if any. The security personnel required by the Security Plan should be staffed by off-duty police officers or sheriff's deputies. However, the Development Services Director can waive this requirement and allow third party private security personnel upon the applicant showing that no off-duty officers or deputies are available for the special event and recommendation by the Sheriff's Office. The Security Plan will be required as a condition of approval for any Special Event Permit. The cost for any such security measures shall be borne by the applicant.

(3)

Approval.

Special events expected to draw less than two hundred (200) persons as participants or spectators at any time during the event may be administratively approved by the Development Services Director. Special events expected to draw more than two hundred (200) persons at any given time may be administratively approved by the Development Services Director or designee where they are located on developed office, commercial, or industrial sites of ten (10) acres or more and have adequate parking and other facilities to support the expected number of participants.

In approving any special event, the Development Services Director shall make a determination that the proposed event is reasonably compatible with nearby existing development, and does not pose an unreasonable safety or health risk for patrons or neighbors. The Development Services Director may place conditions on approval of a special event permit as needed to maintain compatibility and promote the health, safety and welfare of Seminole County citizens and visitors.

The Development Services Director may, at his or her discretion, refer any special event permit application to the Board of County Commissioners.

Any special event exceeding the scope of those described in paragraph 3(a) above shall require approval by the Board of County Commissioners, unless otherwise provided for herein.

In approving any special event, the Board shall make a determination that the proposed event is reasonably compatible with nearby existing development and does not pose an unreasonable safety or health risk for patrons or neighbors. The Board may place conditions on approval of a special event permit as needed to maintain compatibility and promote the health, safety and welfare of Seminole County citizens and visitors.

Once a special event is approved by the Board, subsequent applications for the same special event are only required to be reviewed and approved by the Development Services Director or designee. If the subsequent special event is substantially modified or changed from the prior Board approval or the conditions of approval were not sufficient to maintain compatibility and promote the health, safety and welfare of Seminole County citizens and visitors, as determined by the Development Services Director, the special event permit request would be required to obtain Board approval.

(4)

Application for permit. Policies and procedures regarding special event permits shall be available in the offices of the Planning and Development Division. An applicant for a special event permit shall file a written application not less than ninety (90) days prior to the proposed event. This time period may be reduced by the Development Services Director upon a finding that there is sufficient time to fully review, comment and approve the application.

All special event permit applications shall include the following:

Application fee as may be established by the Board of County Commissioners.

Name and address of applicant or contact person(s) for the event.

Legal description of subject property in digital word processing format.

Date(s) and hours of the special event.

Estimated attendance at the special event per 24-hour period.

Descriptions of all performances at the event.

Description of all recording and/or sound amplification equipment, signs or other attention-getting devices which will be utilized in connection with the event.

Description of how security and traffic control will be provided.

Any necessary licenses for the serving of food and/or beverages.

Certificate of Insurance listing Seminole County, Florida, its officials, officers and employees and the Seminole County Sheriff's Office as Additional Insureds and in the types and amounts required by the County's Risk Management Division.

The following information must be provided on a conceptual site plan not less than 11" × 17" in size:

•

Areas for the serving of food and/or beverages.

•

Location(s) of structure(s), including any temporary shelters such as tents.

•

Points of ingress and egress to the site.

•

Location of music or other amplified noise source(s) in relation to residential areas.

•

Location of fireworks and launch points or other noise sources.

•

Location of sanitation facilities.

•

Location of trash receptacles.

•

Parking plan.

•

Pedestrian circulation plan, including travel routes for any shuttle vehicles, demonstrating that traffic/parking areas are safely separated from pedestrians.

•

Location of medical facilities if required by the Public Safety Director.

Additional information as the Board or the Development Services Director may require.

(5)

Review Process. Upon receiving a completed application, the Development Services Director shall transmit relevant information to other appropriate officials including but not limited to the Building Official, the County Engineer, the Fire Chief, the Sheriff, and the Environmental Services Director for review. Based on comments from these officials and compliance with this Section, the Development Services Director shall approve or deny the application pursuant to Section 30.6.4.2(3)a, or prepare the item for presentation to the Board of County Commissioners for its consideration pursuant to Section 30.6.4.2(3)b. The applicant shall retain responsibility for securing all other necessary permits that may be required in addition to the Special Event Permit. Any decision of the Development Services Director with regard to any special event permit application may be appealed to the Board of County Commissioners for consideration under paragraph 30.6.4.2(3)b above. Such appeal must be submitted within fifteen (15) days of notification of a decision by the Development Services Director.

(6)

Outdoor sales of merchandise. The outdoor sale of merchandise is permitted within any non-residential zoning district but shall require an outdoor sales permit, if such sales were not contemplated in the approved development plan for the subject property. Individual parcels are limited to a maximum of ninety (90) days of outdoor sales per calendar year. Outdoor sales permits may be administratively approved by the Planning Manager. Outdoor sales may not involve amplification of sound that may be heard beyond the property boundary and must comply with Chapter 165 of the County Code. Any decision of the Planning Manager with regard to any outdoor sales permit application may be appealed to the Development Services Director within fifteen (15) days of notification of a decision by the Planning Manager.

In approving any outdoor sales of merchandise, the Planning Manager shall make a determination that the proposed sale is reasonably compatible with nearby existing development. The Planning Manager may place conditions on approval of an outdoor sales permit as needed to maintain compatibility and promote the health, safety and welfare of Seminole County citizens and visitors. Applications for outdoor sales of merchandise must include the following information on a conceptual site plan not less than 11" × 17" in size:

•

Location(s) of structure(s), including any temporary shelters such as tents.

•

Points of ingress and egress to the site.

•

Location of sanitation facilities.

•

Location of trash receptacles.

•

Parking plan.

•

Pedestrian circulation plan.

The requirements of this Section shall not apply to any event for which a motion picture and television permit has been approved by Seminole County.

(7)

Indemnification. Special event and outdoor sales permits shall contain an appropriate indemnification provision to indemnify, defend, and hold the County and the Seminole County Sheriff's Office harmless from certain acts and omissions of the Applicant or any incident resulting from the special event.

(8)

Fee waivers and refunds. Requests for fee waivers, reductions, and/or refunds shall be submitted in writing and may be granted only by the Board of County Commissioners.

(9)

Enforcement. Special event or outdoor sales permit condition violations may result in immediate revocation of the permit. Permit revocations may be appealed to the Board of Adjustment in accordance with Seminole County Land Development Code Section 30.3.3. Additionally, any person who violates the conditions of a special event or outdoor sales permit, this Section or fails to obtain a special event or outdoor sales permit, may be subject to enforcement through all other applicable enforcement mechanisms available to the County including, but not limited to, the issuance of a citation pursuant to Section 53, Part 2, of the Seminole County Code; violations of this section shall be considered a Class III offense.

(b)

Temporary package storage permit.

(1)

Purpose and intent. This regulation allows the installation of temporary storage facilities to facilitate delivery of parcels within residential zoning districts between the hours of 8:00 a.m. and 6:00 p.m. during a period of time commencing on November 30th and terminating on December 31st of each calendar year. This activity is temporary in nature and will not adversely impact the surrounding area and land uses, and will be terminated and removed immediately upon expiration of the temporary permit.

(2)

Description. This activity is characterized by its short term or seasonal nature and by the fact that permanent improvements are not made to the site. This temporary activity involves the placement of a temporary package storage facility in close proximity to residential properties. The temporary package storage facilities shall be constructed and placed in accordance with acceptable commercial standards. Parcels will be placed in the temporary package storage facility daily and delivered to specific properties within the residentially zoned areas, Monday through Saturday of each week. This temporary activity shall involve no activities other than the temporary storage of parcels and consequent delivery to specific destinations. Individual single-family garage facilities and private homes shall not be used as a temporary storage facility.

(3)

Temporary activities. The Planning Manager may issue a Temporary Package Storage Permit when it is demonstrated that the public health, safety and welfare will not be impaired, and when the following enumerated conditions are met:

No structure of a permanent nature shall be constructed.

Removal of all temporary structures shall be guaranteed in writing and such structures shall be subsequently removed.

Outside of residential subdivisions, the temporary structure may be placed in commercial parking lots. Written approval of the owner of the site shall be obtained and provided to the County. This approval shall identify the site address, owner's name, owner's mailing address, owner's telephone number, owner's acknowledgment of proposed activity, and dates activity is to operate.

Within residential areas, the temporary structure shall be located only within subdivisions containing an active Homeowners Association (HOA) and may be placed only in HOA Common Areas. Written approval from the HOA identifying the site and acknowledging the proposed activity shall be obtained and provided to the County.

No structure shall be located in a public right-of-way.

Adequate stabilized area with a minimum of thirteen feet six inch (13' 6") unobstructed height shall be provided for trailer off-loading of packages. This area shall not block handicapped accessible areas.

Removal of all signs, trash, or debris from the site and the immediate vicinity, upon termination of the activity shall be guaranteed in writing, and subsequently accomplished.

A separate temporary package storage permit shall be required for each lot or parcel to be used as a temporary storage facility.

No more than one (1) such temporary package storage permit shall be issued for the same lot or parcel during a single calendar year.

The applicant shall submit a site plan of the site identifying the location with ingress and egress of the temporary storage facility. Adequate ingress and egress shall be safe and provided in such a manner that the normal traffic pattern is not disrupted.

Delivery of parcels via golf carts, low-speed vehicles, and utility vehicles (hereinafter "delivery vehicles") shall comply with all applicable traffic regulations and shall occur in accordance with the provisions in F.S. § 316.2126, paragraphs 3(b) and 3(c).

Delivery vehicles shall not travel on sidewalks or on private property other than that of a delivery recipient or on the tract or parcel of land for which a Temporary Package Storage Permit has been issued in accordance with this Section.

All delivery vehicles must meet the requirements of Chapter 316, Florida Statutes and must be equipped with head lamps, stop lamps, turn signal lamps, tail lamps, seat belts, rearview mirrors, and horns.

The rear of all trailers must be equipped with lights or reflectors.

During delivery, all packages must be properly secured in an enclosed lockable trailer so that they may not be accessed by the public or fall off and create a safety hazard.

All handcarts must be securely attached to the delivery vehicles.

Adequate delineated and stabilized parking for the activity must be provided on-site and shown on a site plan. Delivery vehicles shall not block traffic when loading, unloading or delivering packages.

The temporary storage facility shall be subject to the minimum setbacks of the zoning district in which it is located.

The temporary package storage facility shall not exceed twenty (20) feet in length and shall be securely placed on the ground and anchored as required by the Building Division.

To guard against theft, the temporary package storage facility shall remain locked at all times when not in use.

Fuel shall not be stored in or near the temporary package storage facility.

The applicant shall provide a notarized affidavit attesting that persons operating pursuant to the Temporary Storage Package Permit have received adequate driver training and have been subjected to the same background check performed on permanent employees.

Additional conditions may be required as deemed necessary by the Planning Manager for any temporary package storage activity.

(4)

Enforcement. Violations of the provisions of this Section and/or the temporary package storage permit may result in immediate revocation of the permit. Permit revocations may be appealed to the Board of Adjustment in accordance with Seminole County Land Development Code Section 30.3.3. Additionally, each violation may be enforced through all other applicable enforcement mechanisms available to the County including, but not limited to, the issuance of a citation pursuant to Section 53, Part 2, of the Seminole County Code; violations of this Section shall be considered a Class III offense.

(5)

Indemnification. The temporary package storage permit shall contain an appropriate indemnification provision to indemnify, defend, and hold the County harmless from certain acts and omissions of the applicant.

(c)

Mobile food vendors.

(1)

Purpose and Intent. These regulations are intended to establish requirements for the sale of prepared foods on a temporary basis from motorized vehicles, trailers, carts and other movable devices, within specified commercial zoning districts unless otherwise preempted by Section 509.102, Florida Statutes. No formal permit or approval shall be issued by Seminole County for a particular property or mobile food vendor, but all required documentation, including licenses and owner authorization, shall be in the vendor's possession at all times while in operation, and shall be provided to any County official upon request. Mobile food vendors not in compliance with Section 30.6.4.2 shall be prohibited unless approved as part of an Outdoor Sales Permit under Section 30.6.4.2.

(2)

Exemptions. Specifically excluded from these regulations are the following:

Produce stands in agricultural zoning districts.

Ice cream trucks and similar vehicles operating on public streets.

Food sales on active construction sites not accessible to the public.

Sales of non-food items in any district.

(3)

General Requirements. All mobile food vendors shall meet the following requirements:

Mobile food vendors shall be permitted in C-1, C-2, C-3, and M-1 Districts, but may also be allowed in the Planned Development (PD) District where an approved master development plan permits general retail commercial uses, and where mobile food vendors are not specifically prohibited through a development order.

Mobile food vendors shall not operate on vacant lots or within one hundred (100) feet of any structure containing a residence. Operation of an individual vendor at any location shall be limited to three (3) consecutive days and a total of twelve (12) days in any calendar month.

Except as provided herein, mobile food vendors shall not occupy any of the following:

Site entrances, exits, and driveway aisles.

ii.

More than ten (10) percent of parking spaces required under Section 30.11.3.

iii.

Buffers required under Part 14, Chapter 30.

iv.

Open space areas required under Part 14, Chapter 30.

Stormwater retention areas, drainage easements, and related facilities.

However, the Development Services Director may reduce or eliminate the above restrictions where it is demonstrated that the food vendor activity does not significantly impair the functioning of the development site with respect to the applicable provisions of this Code. In doing so, the Director may establish conditions as necessary to meet the purpose and intent of these provisions. Any such waiver shall be valid for a ninety (90) day period, but may be extended at the Director's discretion. Waivers shall be made in writing, and shall include specific location, effective date, and expiration date.

Tents and/or canopies exceeding one hundred (100) square feet, and electrical wiring outside of vehicles shall be prohibited.

Outdoor amplification of sound shall be prohibited.

Business activity shall be prohibited during the hours of 11:00 p.m. to 7:00 a.m.

Overnight parking of mobile food vendor vehicles shall be prohibited.

Signage is limited to information painted on or otherwise affixed to mobile food vendor vehicles; and no freestanding signs shall be permitted.

All mobile food vendors shall obtain the required license(s) from the State of Florida and a business tax receipt (BTR) from Seminole County.

All mobile food vendors shall obtain a notarized letter from the property owner authorizing the mobile vendor activity. This letter shall note specific calendar days when the individual vendor may operate on the property, and confirm access to on-site restrooms for patrons of the vendor. Where on-site restroom access is not available, mobile food vendors shall operate only under an Outdoor Sales Permit in accordance with Section 30.6.4.2.

(4)

Additional Requirements. All mobile food vendors utilizing electricity for any purpose, and/or gas or open flames for cooking, shall meet the following requirements:

Each vendor shall obtain an annual fire inspection from the Seminole County Fire Prevention Bureau.

Vendors shall maintain current inspections for NFPA 96 hoods and fire extinguishers.

Cooking equipment shall comply with NFPA 96.

Class K Fire extinguishers shall be provided for the protection of cooking appliances that use combustible cooking media.

A minimum of one portable fire extinguisher with a rating of not less than 2-A: 10-B: C shall be provided.

Electrical equipment and installations shall comply with NFPA 70, National Electrical Code.

Externally mounted generators, when in use, shall be isolated from the public by either physical guards, fencing, or enclosures.

30.6.4.3 Temporary sales office in new subdivisions. Temporary sales offices may be placed in new subdivisions, upon approval of the Planning Manager or such other person designated by the County Manager, subject to the following conditions:

(a)

The structure must comply with the Florida Building Code, meet the minimum setback requirements of the zoning district, and the parking area be landscaped in accordance with the landscaping regulations.

(b)

The office may not be utilized to conduct sales of any product or service other than lots and/or dwellings within the specific subdivision.

(c)

Approval may be granted for a period not to exceed six (6) months. Renewals may be approved and the Planning Manager or such other person designated by the County Manager and shall require a bond be posted to guarantee removal.

30.6.4.4 Temporary Uses in Agricultural Zones.

(a)

It is the intent of this Section that listed herein may be allowed in the A-1, A-3, A-5, and A-10 Zoning Districts subject to the Limited Use process described in Section 30.5.1.2.

(1)

Temporary occupancy of a mobile home or recreational vehicle while a permanent dwelling is under construction subject to the following criteria:

An appropriate building permit, as required by the County, shall be secured prior to placement and occupancy of a mobile home or recreational vehicle.

The residence shall be actively under construction and inspection during the period a mobile home or recreational vehicle is on the property.

Permit to place and/or occupy a mobile home or recreational vehicle is limited to a one (1) year period; however, said permit may be renewed by the Development Services Director for one (1) additional period of up to one (1) year.

Prior to the final inspection of the residence, the property owner shall furnish the Planning and Development Division with acceptable evidence as to the date and method that the mobile home will be removed; and, provided further, that said mobile home shall be removed within thirty (30) days after final inspection of the residence.

(2)

Temporary occupancy of a mobile home or recreational vehicle may be permitted on the same lot with a single-family residence for housing a chronically ill relative or a practical nurse subject to the following:

That a hardship is substantiated by documentary evidence, such as, medical records, doctor's recommendations, or related medical documents.

That permits normally be limited to a maximum two (2) year period unless the Development Services Director, or the Board of County Commissioners on appeal, determines that the medical hardship results from a chronic illness that may continue to exist for an undetermined period of time. In such cases approval may be granted for a period in excess of two (2) years; provided, however, that the mobile home shall only be occupied by the chronically ill relative for which the approval was granted or the practical nurse who provides medical care for the chronically ill relative.

(3)

Temporary occupancy of a mobile home or recreational vehicle may be approved for housing a night watchman for a nonresidential use in the A-1 Agriculture District subject to the following criteria:

Where it can be substantiated by documentary evidence that chronic vandalism occurs.

That such use is immediately necessary.

That the permit be limited to a one (1) year period; however, when substantiated, the Development Services Director may approve one (1) additional period of up to one (1) year.

(4)

Temporary occupancy of a mobile home or recreational vehicle may be approved for a member or members of the family subject to the following:

A mobile home or recreational vehicle shall be placed on the same lot or parcel as the family residence.

The necessity or hardship shall be substantiated by documentary evidence.

That permits be limited to a one (1) year period which may be renewed by the Development Services Director for successive one (1) year periods after review of the necessity or hardship.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24; Ord. No. 2024-21, § 4, 7-23-24).

Sec. 30.6.5. - Automobile service stations.

30.6.5.1 Clearances required. Gasoline pumps shall be located not less than fifteen (15) feet from any street right-of-way line and not less than ten (10) feet from any other property line. No gasoline pump shall be located within twenty-five (25) feet of any property which is residentially zoned.

30.6.5.2 Protective wall required. There shall be a wall or closed fence of good quality which shall effectively screen out headlights and noise from adjacent uses. Such walls or fences shall be maintained on rear and inside property lines. Such walls or fences shall be a minimum of six (6) feet in height. No fence or wall higher than three (3) feet six (6) inches may be located closer than ten (10) feet from any road right-of-way.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

Sec. 30.6.6. - Alcoholic beverage establishments.

30.6.6.1 Approvals on state alcoholic beverage licenses.

(a)

Whenever any approval, consent, authorization, or similar request is made by an applicant, agency, property owner, or any other person or entity relative to the appropriateness, land use or zoning consistency or conformity, or other similar action pertaining to location or siting of a business, person or entity distributing, selling, or bartering any alcoholic beverages; an application for the requested action shall be made on a form prescribed by the planning office which form shall, at a minimum, describe the uses which will occur on the property.

(b)

To implement approval of the requested action, a development order shall be issued in accordance with this Code in a manner and form that provides that the uses identified on the application shall be uses to which the property shall be limited and that the provisions of the development order shall run with and burden the property.

30.6.6.2 Performance standards.

(a)

Definitions. For the purpose of this Section, the following definitions shall apply:

(1)

Bona fide restaurant. An establishment where a majority of sales and profit is from the serving of meals and not from the serving of alcoholic beverages. The determination of whether an establishment is a bona fide restaurant shall be made by the Planning Manager.

(2)

Incidental sales. In the case of an establishment selling groceries and household dry goods, if the floor area for the sale of alcoholic beverages does not exceed ten (10) percent of the net sales floor area the sales from alcoholic beverages shall be deemed incidental. In the case of a bona fide restaurant, if a majority of sales and profit is from the serving of meals and not from the serving of alcoholic beverages, the sales from alcoholic beverages shall be deemed incidental.

(b)

Special exception required. Any establishment selling alcoholic beverages, where the sale of alcoholic beverages is not incidental to other products offered for sale, either for on-premise or off-premise consumption, must apply for and be granted a special exception by the Board of County Commissioners before selling alcoholic beverages. The Board of County Commissioners may also grant a special exception to allow a bona fide restaurant, located within one thousand (1,000) feet of a church or school, to serve alcoholic beverages with meals. Said special exception may only be granted in those zoning classifications that allow alcoholic beverage establishments as a conditional use.

(c)

Landscaping and buffer requirements. On property where an on-premise consumption alcoholic beverage establishment is the sole use of the development site, the opacity of all required buffers under Section 30.14.7 shall be increased by 0.2. However, this requirement shall not apply to on-premise alcoholic beverage establishments that are part of a planned shopping center unless the Board of County Commissioners finds that off-site impacts require such additional buffering.

(d)

Separation requirements. Any establishment selling alcoholic beverages for consumption on-premise shall maintain the following separation from all churches, schools, and property assigned a residential zoning classification or land use designation, or like establishments:

(1)

Houses of Worship. No closer than one thousand (1,000) feet measured along the shortest possible line lying entirely within public rights-of-way, such measurement being between the nearest entrance to the alcoholic beverage establishment and the nearest point on the plot occupied by the house of worship.

(2)

Schools public, private, and parochial. No closer than one thousand (1,000) feet air-line measurement from lot line of the alcoholic beverages establishment to the nearest lot line of the school.

(3)

Residential properties. No closer than the following; provided, however, that bona fide restaurants and establishments that are located in and are part of a planned shopping center shall not be subject to these restrictions:

Five hundred (500) feet, measured along the shortest possible distance traveled by a pedestrian from the entrance of the alcoholic beverage establishment to the boundary of any property assigned a residential zoning classification or land use designation.

One hundred (100) feet from the closest vertical building extremity of the alcoholic beverage establishment to the boundary of the nearest property assigned a residential zoning classification or land use designation.

(4)

Like establishments. Alcoholic beverage establishments that are not part of a planned shopping center shall not be located nearer than five hundred (500) feet from a like establishment. For example, no cocktail lounge may be located within five hundred (500) feet from another cocktail lounge. Measurement shall be between building entrances along the shortest possible line lying entirely within public rights-of-way.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

Sec. 30.6.7. - Communication antennas/towers.

30.6.7.1 Legislative purpose and intent.

(a)

The County has, on numerous occasions and with increasing frequency, received requests to approve sites for communication towers. Land development regulations have not adequately identified specific procedures to address recurring issues relating to the approval of locations for communication towers. The inadequacy of such regulation, in light of the growing influx of requests, may have resulted in the placement of towers in less than optimal locations with less than optimal conditions placed upon such uses. The Board of County Commissioners finds and determines that the placement of communication towers in less than optimal locations or with inadequate consideration being given to sound land use planning and principles may cause a detriment to the citizens of the County and surrounding communities. Therefore, it is the intent of Sections 30.6.7.1 through 30.6.7.9 to address the recurrent issues pertaining to the approval of communication towers upon parcels located in the County.

(b)

Among the chief purposes of Sections 30.6.7.1 through 30.6.7.9 are the following goals, objectives, and policies:

(1)

To accommodate the growing need for communication towers;

(2)

To encourage and direct the location of communication towers in the County to the most appropriate locations considering sound planning and land use practices, to ensure compatibility between communication towers and abutting land uses, to provide for adequate setback requirements between communication towers and abutting and proximate land uses, to provide for adequate separation requirements between communication towers, to provide for the needs of the communication industry, to provide for the needs of the public, to provide for the protection of private property rights, to provide for developments in technology, impacts, and to provide for the requirements of federal, state and local law;

(3)

To protect residential areas and land uses from the potential adverse impacts of communication towers when placed at inappropriate locations or permitted without adequate controls and regulation consistent with the provisions of law;

(4)

To minimize the adverse visual impacts resulting from communication towers through sound and practical design, siting, landscape screening, and innovative camouflaging techniques all in accordance with generally acceptable engineering and planning principles and the public health, safety, and welfare;

(5)

To avoid potential damage to adjacent properties through sound engineering and planning and the prudent and careful approval of communication tower sites and structures;

(6)

To promote and encourage shared use of existing and new communication tower sites and towers as a primary option rather than construction of additional single-use towers;

(7)

To evaluate current trends and projected areas of advancement relative to communication towers, the telecommunications industry, and related matters on an ongoing basis;

(8)

To provide the County with the information pertaining to enhanced and new uses of communication towers and the systems to which they relate.

(c)

The Board of County Commissioners hereby finds and determines that the provisions of this Code are consistent with the provisions of the Seminole County Comprehensive Plan, the Strategic Regional Policy Plan, the State Comprehensive Plan, as well as the provisions of state and federal law.

(d)

The Board of County Commissioners recognizes the fact that technological developments in the area of telecommunications occur at a pace that is difficult to keep pace with and that it is essential to the public interest for local governments to continually develop land development regulations that protect the public health, safety, and welfare of the citizens of the County. As technologies such as cable microcell integrator transceiver technology and other similar technologies develop, it is the intent of the County to encourage the use of such technology to the extent practicable and lawful, with full consideration being given to the protection of the property rights of the public in public right-of-way.

(e)

Nothing in Sections 30.6.7.1 through 30.6.7.9 shall be construed to grant any person or entity a permit, license, entitlement, or right of any type whatsoever to use the right-of-way, property, or property rights of the County.

30.6.7.2 Applicability/administration.

(a)

All new communication towers in unincorporated Seminole County shall be subject to the land development regulations set forth in this Part, all other applicable land development regulations set forth in this Code, and all federal and state laws relating thereto.

(b)

For purposes of measurement, communication tower setbacks, and separation distances, as outlined in Section 30.6.7.3, shall be calculated and applied to facilities located anywhere in Seminole County, irrespective of municipal and County jurisdictional boundaries.

(c)

All new communication antennas which are not attached to communication towers shall comply with Section 30.6.7.6.

(d)

All communication towers existing prior to the effective date of Sections 30.6.7.1 through 30.6.7.9 shall be permitted to continue to be used as they presently exist. Routine maintenance (including replacement with a new tower, or tower of less impact, of like construction; provided, however, that any such tower shall be the same or less height of the tower as it existed on the effective date of this Part) shall be permitted on such existing communication towers; provided, however, that replacement of the communication tower shall require the entire site be brought into compliance with Section 30.6.7.4. New construction, other than routine maintenance of an existing communication tower, shall comply with any adopted land development regulations, applicable building codes and related codes.

(e)

A communication tower that has received County approval in the form of either a special exception or building permit, but has not yet been constructed, shall be considered an existing tower if such approval is valid, current, and not expired.

(f)

AM array consisting of one (1) or more tower units and supporting a ground system that functions as one (1) AM broadcasting antenna shall be considered one (1) communication tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of a communication tower included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

(g)

The determination as to whether placement of a communication tower on property assigned the PD zoning classification shall be based on the identified zoning or use for that tract within the development.

(h)

Determinations of compliance with the provisions of Sections 30.6.7.1 through 30.6.7.9 or with regard to any matter relating to communication towers shall be made by the Planning Manager subject to the appeal processes and procedures as set forth at Sections 30.3.2 and 30.3.3.

(i)

To ensure that the least intrusive methods for communication service are implemented, the Planning Manager may require detailed written reports from applicants explaining and detailing, among other things, the reasons that collocation, camouflaging, alternative site, or a less intrusive tower or antenna was not proposed.

30.6.7.3 Performance standards.

(a)

Setbacks.

(1)

Communication tower setbacks shall be measured from the outer extremity of the base of the communication tower to the property line of the parcel on which it is located.

(2)

Communication towers shall be located on parcels that comply with the minimum setback and lot size requirements of the zoning classification assigned to the property on which they are located.

(3)

For towers located on properties assigned to the PD zoning classification, the setback requirements for the parcel outlined in the PD approval shall apply.

(4)

In cases where there are non-conforming residential uses on the property that is not assigned a residential zoning classification, a reduction of fifty (50) percent of the side or rear yard setback distance opposite the non-conforming residential use shall be permitted by the Planning Manager unless the side or rear yard proposed for reduction is assigned a residential land use designation or zoning classification.

(b)

Minimum Separation From Off-Site Uses/Designated Areas.

(1)

Communication tower separation shall be measured from the outer extremity of the base of the tower to the closest property line of the off-site use as specified in Table 1 below.

(2)

Separation requirements for communication towers shall comply with the minimum standards established in Table 1 below unless otherwise provided.

(3)

Reduced separation distances may be reduced by the Planning Manager when written consent as set forth in a recordable instrument is obtained from all property owners within the applicable separation distance.

(4)

Separation distances may be decreased or increased by the Board of Adjustment in accordance with the procedural requirements for variances as set forth in this Code and the substantive determinations as set forth in Table 1 below, when considering whether to approve a special exception, if competent substantial evidence is presented demonstrating unique planning considerations and compatibility impacts.

TABLE 1 MINIMUM SEPARATION FROM OTHER USES
Off-site Use	Separation Distance
Property assigned a single-family (includes modular homes and mobile homes used for living purposes), duplex, or multi-family residential zoning classification or future land use designation or with an existing residential use.	Two hundred (200) feet or three hundred (300) percent height of tower, whichever is greater, except when a variance is granted based upon findings that the aesthetic impacts of the tower are enhanced, that compatibility with abutting property owners are maintained, and the approval of the tower would be consistent with and further the provisions of Section 30.6.7.1. The standard relative to variances as otherwise set forth in this Code may be considered in determining whether to approve a variance hereunder, but shall not be determinative as to whether the variance may be granted.
Property assigned a non-residential zoning classification or future land use designation or property with an existing non-residential use.	None. Only district setbacks apply.

(c)

Separation Distances Between Communication Towers.

(1)

Separation distances between communication towers shall be measured between the communication tower proposed for approval and those towers that are permitted or existing.

(2)

The separation distances shall be measured by drawing or following a straight line between the GPS coordinate of the center of the existing or permitted communication tower and the proposed GPS coordinate of the center of the proposed communication tower as depicted on a site plan of the proposed tower.

(3)

The separation distances, listed in linear feet, shall be as set forth in Table 2 below:

TABLE 2 SEPARATION DISTANCES BETWEEN COMMUNICATION TOWERS
Description	Existing Towers
Description	Lattice	Guyed	Monopole 75 ft. in Height or Greater	Monopole Less than 75 ft. in Height	Camouflage
Lattice	5,000	5,000	1,500	750	0
Guyed	5,000	5,000	1,500	750	0
Monopole 75 ft. in Height or Greater	1,500	1,500	1,500	750	0
Monopole Less than 75 ft. in Height	750	750	750	750	0
Camouflage	0	0	0	0	0

(4)

A variance from the minimum separation distances between communication towers as set forth in Table 2 may be granted when two (2) or more communication tower owners or operators agree to collocate their communication antennas on the same communication tower and upon findings being made that the aesthetic impacts of the tower are enhanced, that compatibility with abutting property owners is maintained, and the approval of the tower would be consistent with and further the provisions of Section 30.6.7.1. The standard relative to variances as otherwise set forth in this Code may be considered in determining whether to approve a variance hereunder, but shall not be determinative as to whether the variance may be granted.

(d)

Measurement of Height. Measurement of communication tower height shall include antenna, base pad, and any and all other appurtenances and shall be measured from the finished grade of the parcel on which the communication tower is located.

30.6.7.4 Design criteria.

(a)

Illumination. Communication towers shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA). At time of construction of a communication tower in cases where there is property assigned a residential future land use designation, a residential zoning classification or has a valid residential use located within a distance from the tower which is equal to or less than three hundred (300) percent of the height of the communication tower, dual mode lighting shall be requested by the applicant from the FAA.

(b)

Finished Color. Communication towers not requiring FAA painting/marking shall have either a galvanized finish, shall be painted a non-contrasting gray finish, or shall be painted in a finish to enhance camouflaging as determined by the Planning Manager.

(c)

Fencing. A chain link fence or a wall not less than eight (8) feet in height from finished grade shall be installed by the applicant around each communication tower. Barbed wire or another fencing method to prevent pedestrian access to the tower, as approved by the Planning Manager, shall be installed along the top of the fence or wall, but shall not be included when calculating the height of the fence or wall. Access to the tower through the fence or wall shall be through a gate which shall be locked at all times that the person or entity in charge of the communication tower or site is not occupying the communication tower site.

(d)

Landscaping.

(1)

The visual impacts of each communication tower shall be mitigated through landscaping or other screening materials at the base of the communication tower and ancillary structures in order to maintain visual aesthetics for those who must view the site on a regular basis including, but not limited to, proximate residents and the traveling public.

(2)

The following landscaping and buffering requirements shall apply to each communication tower around the perimeter of the tower and accessory structures; provided, however, that these standards may be determined by the Planning Manager, based upon the intent of this Section and sound and generally acceptable planning principles, to be unnecessary for those sides of the property on which a proposed tower will be located that are near to lands that are not likely to be developed or that are not likely to be adversely impacted by the communication tower or when the property on which the communication tower will be located is not in public view.

(3)

Landscaping shall be installed on the outside of fences.

(4)

The use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement to meeting landscaping requirements.

(5)

A row of canopy trees a minimum of eight (8) feet tall, two and one-half (2½) inches in caliper, and a maximum of ten (10) feet apart shall be planted around the perimeter of the fence or at locations which enhance greater screening from other uses as determined by the Planning Manager.

(6)

A continuous hedge at least twenty-four (24) inches high at planting of sufficient health and quality able to attain a height of at least thirty-six (36) inches within twelve (12) months shall be planted in front of the tree line.

(7)

All landscaping shall be of the evergreen variety, being a minimum quality of Florida #1.

(8)

All landscaping shall be xeriscape tolerant or irrigated and properly maintained to ensure good health and viability.

(e)

Structural Design.

(1)

Communication towers shall be constructed in accordance with the most current edition of the EIA/TIA 222-E Standards, as published by the Electronic Industries Association, any and all Seminole County construction/building codes, all applicable land development regulations, and federal and state law.

(2)

Any improvements and/or additions to a communication tower, such as, by way of example only, antenna or satellite dishes, must be submitted for approval to the County and shall require submission of plans sealed and verified by a professional engineer licensed in the State of Florida which provides substantial competent evidence of compliance with the then current EIA/TIA Standard. Said site plan shall be submitted to and subject to the approval of the Seminole County Building Official or his or her designee.

(f)

No commercial signage or advertising shall be permitted on a communication tower unless otherwise required by law or the signage pertains only to the posting of the property relative to trespassing.

30.6.7.5 Abandonment.

(a)

In the event the communication tower is found by the Planning Manager to be abandoned, the owner/operator of the communication tower or the owner of the property on which the communication tower is located shall have one hundred eighty (180) days from the date of the Planning Manager's finding of abandonment within which to:

(1)

Reactivate the use of the communication tower or transfer the tower to another owner/operator who must make actual use of the tower as previously permitted within ninety (90) days of the transfer, or

(2)

Dismantle and remove the communication tower.

(b)

Determination of the date of abandonment shall be made by the Planning Manager, who shall have the power to request documentation and affidavits from the communication tower owner/operator regarding the issue of communication tower usage. The communication tower owner/operator shall provide all requested information within five (5) working days of a request being made.

(c)

With regard to towers that received special exception and/or variance approval, one hundred eighty (180) days after dismantling or the expiration of the three hundred sixty (360) day period as set forth in this Section, the special exception and/or variance for the tower shall automatically expire.

(d)

Each owner/operator of a communication tower shall post a surety bond, or other instrument or guarantee of a form acceptable to the County Attorney, with the Planning Manager in favor of the County in an amount found by the Planning Manager to be reasonably necessary to remove the communication tower in the event of abandonment. The Planning Manager is hereby granted authority to establish this amount based on policy guidelines adopted by the Board of County Commissioners. The contents of such bond shall include or the bond shall be accompanied by a contingent right of entry which runs with the land to authorize entry upon the property in the event that it is necessary to remove the abandoned tower.

30.6.7.6 Communication antennas.

(a)

Any communication antenna which is not attached to a communication tower shall be a permitted ancillary use to any commercial, industrial, professional, institutional, multi-family or utility structure provided that:

(1)

The communication antenna does not exceed more than twenty (20) feet above the highest point of the structure; and

(2)

The communication antenna complies with all applicable FCC and FAA regulations; and

(3)

The communication antenna complies with all applicable building codes and laws, rules and regulations.

30.6.7.7 Collocation of communication tower antennas.

(a)

General policy relating to collocation. To minimize adverse visual impacts associated with the proliferation and clustering of communication towers, collocation of communication antennas by more than one (1) carrier on existing or new communication towers is encouraged. Additional communication antennas proposed on existing Communication Towers are permitted uses and may collocate onto existing communication towers if they satisfy the requirements of this Section and no special exception is required.

(b)

Procedure for administrative granting of special exceptions. If co-location requires utilization of real property for construction of ancillary facilities such as equipment rooms, which uses were not permitted under the applicable zoning code and which uses are expressly prohibited by prior special exceptions, then such ancillary facilities such as equipment rooms shall not be deemed a permitted use as a matter of right under this Section unless and until a special exception is issued pursuant to the provisions of this subsection.

(1)

The Planning Manager, after consultation with the applicant, shall determine in conjunction with the Development Services Director, consistent with sound and generally accepted planning and land use principles, whether co-location of ancillary equipment, such as equipment room, in support of co-located communication antennae are appropriate and meet the criteria of this Section.

(2)

Upon a determination that the collocation of ancillary facilities, including equipment rooms, is appropriate for a parcel, the Planning Manager shall cause a "Notice of Intent to Allow Co-Location of Communication Tower Ancillary Facilities, Including Equipment Rooms" to be published in a newspaper of general circulation. The Notice shall, at a minimum, state the address of the real property and the proposed use. The Notice shall further state that any person objecting to the use of the property as described must file a notice of objection with the Planning Division within fifteen (15) days of the publication.

(3)

Upon a determination that collocation of Communication Tower ancillary facilities (including equipment rooms) is not appropriate for the subject property, the applicant may appeal said decision the Board of County Commissioners by filing a notice of appeal with the Planning Division within fifteen (15) days of the rendering of the decision. The Planning Division shall schedule the appeal before the Board. The Board may approve or deny the co-location.

(4)

If the Planning Division receives no objections to the Notice, in his or her sole discretion, then the Planning Manager shall allow the co-location of Communication Tower ancillary structures (including equipment rooms) as proposed.

(5)

The Development Services Director shall issue a development order or denial development order consistent with the determination made under this Section.

(c)

Type of construction. A communication tower that is modified or reconstructed to accommodate the co-location of an additional communication antenna shall be of the same tower type or a lesser impact tower type, as determined by the Planning Manager based upon the intent of Sections 30.6.7.1 through 30.6.7.9 and sound and generally acceptable planning practices and principles, as the existing communication tower.

(d)

Height. An existing communication tower may be modified or rebuilt to a taller height, not to exceed twenty (20) feet over the tower's existing height, to accommodate the collocation of an additional communication antenna. Such a height increase may only occur one (1) time per communication tower and may be allowed for those sites, which obtained previous special exception approval. The additional height authorized herein shall not require an additional distance separation as described in Table 1, Section 30.6.7.3(b). The communication tower's pre-modification height shall be used to calculate such distance separations.

(e)

Site location. A communication tower that is being rebuilt to accommodate the collocation of an additional communication antenna may be moved on the site to an area located within fifty (50) feet of its existing location and may also be relocated, with the approval of the Planning Manager based upon sound planning and land use principles and upon a finding that such approval would be consistent with and further the intent of this Code, in the same manner on a site which received a previous special exception notwithstanding any condition of approval relating to the grant of the special exception. After a communication tower is rebuilt to accommodate collocation, only one (1) tower may remain on the site. A communication tower relocated on a site shall continue to be measured from the original tower location for purposes of calculating separation distances between communication towers. A communication tower that has been relocated on a site and which intrudes into the separation distances required with regard to property described in Table 1, Section 30.6.7.3(b), shall only be permitted when written consent as set forth in a recordable instrument is obtained from all property owners within the applicable separation distance.

(f)

Filing of a master plan. To enhance the County's ability to promote the co-location of communication towers, any communication company that owns or operates a communication tower in the County or intends to install a communication tower in the County shall file with the Planning Division a master plan indicating the site of all existing communication towers, any and all proposed communication tower sites and a statement describing the anticipated communication tower needs over the next ten (10) years; provided, however, that disclosure of marketing strategies, trade secrets, commercially privileged information or any other information that the provider deems would adversely affect his, her or its ability to compete is not required to be disclosed and the determination of the communication company shall be conclusive. The master plan shall be filed on or before January 1 of each year. The master plan is not binding. Its primary purpose is to serve as a mechanism of coordinating collocation of communication towers between persons and entities involved in that industry.

30.6.7.8 Certification of compliance with FCC NIER Standards. Prior to receiving final inspection by the County the applicant shall provide certification to the FCC, with copy to the current planning office, verifying that the communications facility complies with all current FCC regulations for NIER.

30.6.7.9 Nonconforming uses. Bona fide nonconforming communications towers or antennas that are damaged or destroyed may be rebuilt without being required to comply with applicable separation requirements. The type, height, and location of a replacement communication tower shall be of the same type and intensity or of a type and intensity of less impact as the communication tower that was damaged or destroyed. Building permits to rebuild a communication tower shall comply with all building codes and must be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if a permit that was issued expires, the communication tower shall be deemed abandoned in accordance with Section 30.6.7.5.

30.6.7.10 Camouflage towers; where permitted. The Planning Manager may permit camouflage communication towers on any parcels which is not assigned a residential zoning classification provided that the Planning Manager makes the findings set forth in the definition of the term "camouflage communication tower."

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

Sec. 30.6.8. - Mobile homes.

(a)

These siting standards shall apply when this Code otherwise permits the placement of mobile homes. The provisions of this Code shall not be construed to be in conflict with State law and to the extent of any conflict, state law shall prevail.

(b)

Access:

(1)

All mobile and manufactured homes must have safe and convenient vehicular access from a local or collector street as identified in the Traffic Circulation Element of the Seminole County Comprehensive Plan. Such access shall be designed to minimize traffic congestion and hazards.

(2)

Driveways shall be designed and constructed to provide safe and convenient vehicular access to each mobile home subject to the following:

All units shall have access to the street system.

Each unit shall have a single-width driveway at least ten (10) feet wide. The driveway shall be a minimum of twenty (20) feet in length if a full-depth carport is utilized. If a full carport is not utilized the driveway shall have a minimum length of thirty (30) feet.

(c)

Landscaping and buffers for mobile homes/manufactured housing in RM-1, RM-2, or RM-3 Districts:

(1)

All common open space, parking lot islands and all land not otherwise developed shall be landscaped in a manner that enhances the appearance of the development, as determined by the Planning Manager based upon standards generally set forth in this Code relating to developments with similar impacts.

(2)

The perimeter landscape buffer shall be as specified in the applicable Part (17, 18, or 19) of this Code. In addition, a high wooden or masonry visual screen six (6) feet in height and at least seventy-five (75) percent opaque shall be provided when a mobile or manufactured home abuts properties that are not assigned the RM-1, RM-2, or RM-3 zoning classification. The Planning Manager may waive any masonry wall required by this subsection where extensive perimeter buffer areas are found to exist or a binding commitment exists to install same.

(d)

Construction standards:

(1)

Mobile or manufactured home stand foundation requirements/tie-downs and anchors/perimeter enclosure requirements:

The mobile or manufactured home stand shall be installed and anchored in accordance with the current adopted Building Code and State law. Any additions to the mobile or manufactured home must also be anchored in accordance with applicable federal and state law.

All mobile or manufactured homes in special flood hazard areas shall comply with all other applicable provisions of this Code including, but not limited to, provisions relating to wetlands and flood prone areas.

When mobile or manufactured homes are installed above grade, opaque skirting or screening shall be used surrounding such mobile or manufactured homes.

Crawl space access openings shall be provided. Such openings shall be located so that any utility connections located under the home are accessible.

Crawl space areas shall be ventilated by openings in the perimeter enclosure. Openings shall be arranged to provide cross ventilation and shall be covered with corrosion resistant mesh-like material of not less than one-quarter (¼) inch or more than one-half (½) inch in any dimension. If combustion air for one (1) or more heat producing appliance(s) is taken from within the under-floor spaces, ventilation shall be adequate to secure proper appliance operation.

A minimum clearance of eighteen (18) inches shall be maintained beneath the lowest member of the floor support framing system, unless otherwise specified in the manufacturer's installation instructions.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

Sec. 30.6.9. - Sexually oriented businesses/adult entertainment establishments.

30.6.9.1 Separation requirements and miscellaneous provisions.

(a)

Adult entertainment establishments and sexually oriented businesses shall be subject to the following separation requirements, which shall be applied at the time that the property is assigned the M-2 zoning classification and which separation requirements shall not be implemented as non-adult use development encroaches into the area of separation:

(1)

No closer than one thousand (1,000) feet to any church, convent, monastery, synagogue, or similar place of worship; and

(2)

No closer than one thousand (1,000) feet to any public, private, or parochial school, which term shall include, but not be limited to, daycare centers, pre-schools, schools having any grades kindergarten through twelfth grade, and institutions of higher learning, library, park, playground or other recreational facility, whether commercial or nonprofit; and

(3)

One thousand (1,000) feet from any property assigned a residential zoning classification or land use designation; and

(4)

One thousand (1,000) feet from an alcoholic beverage establishment; provided, however, that this separation requirement shall not apply to adult entertainment establishments that are also alcoholic beverage establishments.

(b)

Such distances shall be measured from lot line to lot line at their nearest points.

(c)

Other than identification signs permitted in the Land Development Code, advertisements, displays, or other promotional materials at sexually oriented businesses and adult entertainment establishments shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or from other areas open to the public, whether publicly or privately owned when depicting or displaying specified anatomical areas or specified sexual activities, and such displays shall be considered as signs.

(d)

All building openings, entries, windows, etc., at sexually oriented businesses and adult entertainment establishments shall be located, covered or screened in such a manner so as to prevent a view into the interior from any public or semipublic area; and for new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from areas open to the public whether publicly or privately owned.

(e)

Sexually oriented businesses and adult entertainment establishments shall be closed for business between the hours of 2:00 a.m. and 9:00 a.m. each day.

(f)

Nothing herein shall be construed to unreasonably regulate or prohibit constitutionally protected expression or speech, but it is the intent of this provision to effectuate reasonable time, place and manner regulations relative to land uses that involve locations at which adult entertainment and the provision of services from sexually oriented businesses are provided.

(g)

The Planning Manager, or such other County employee designated by the County Manager, shall evaluate and determine the presence of all nonconforming uses with regard to this zoning classification within thirty (30) days after the effective date of this Ordinance and notify the owner of the property of such status.

30.6.9.2 Design standards — Adult entertainment establishments and sexually oriented businesses.

(a)

Each adult entertainment establishment and sexually oriented business licensed to operate in Seminole County upon property assigned the M-2 zoning classification shall comply with the following design standards in addition to any and all other applicable provisions of this Code, the Seminole County Code and other applicable codes and ordinances:

(1)

An enclosure shall screen all roof-mounted mechanical equipment or ductwork. The line of sight from a driver's or pedestrian's eye view shall be considered in determining the height and location of such screens.

(2)

All exteriors shall be composed of a stucco finish, brick or natural wood siding. Metals, plastics, plywood and mirrored surfaces and trim are prohibited.

(3)

Roofs shall be configured such that flat roof systems include a parapet wall along the building perimeter of sufficient height to screen rooftop equipment (air conditioning compressors, vents, etc.). Traditional roof systems shall be composed of asphalt shingles, architectural shingles or manufactured clay tile. Rolled asphalt, cement shingles and metal roofing are prohibited.

(4)

The "earth tones" palette (hereinafter the "designated palette" which is attached to this Ordinance as Exhibit "A" and incorporated herein fully as a part of this Ordinance by this reference thereto) of traditional, muted colors shall be used. Pastels or bright colors are prohibited. Awnings or other facade treatments shall be of colors within the designated palette and shall be complementary to the exterior building color. Buildings shall be one (1) color with a second complementary color for exterior trim and architectural details. Vents, louvers, flashing, tanks, vent stacks, and doors shall be of a color consistent with the designated palette and the color scheme of the building. After consultation with the Development Review Committee, such color requirements shall be determined by the Planning Manager. The minimum building setback from each right-of-way shall be ninety (90) feet.

(5)

Building facades shall consist of heavy canvas awnings of one (1) color selected from the designated palette with one (1) additional color from the designated palette for the stripe or edge. The facade shall be either flat or curved and attached to the building with rust-resistant framing. Awnings may include signage if permitted under the total allowable square footage for the site. The architectural detail of materials shall be similar to those allowed for the building. Facade details shall be of a permanent material, of a single color, and shall be an integral part of the building. Trim or molding bands shall follow simple, straight building lines such as the roof edge. Murals, silhouette painting, animal statuary or ornamentation, flat facade decorations on building faces or extending above building roof, mirrored surfaces or otherwise reflective details and stripes are prohibited.

(6)

Maximum building height is thirty-five (35) feet.

(7)

Building entries shall occur at the rear or back of the building rather than in front whenever practicable, as determined by the Planning Manager based upon generally accepted land use principles and the configuration of the particular parcel.

(8)

All parking facilities shall be paved with asphalt or concrete or curbed with concrete curbing and be internally drained.

(9)

Parking shall be restricted to side and rear areas whenever practicable, as determined by the Planning Manager based upon generally accepted land use principles and the configuration of the particular parcel. Adequate maneuvering space shall be provided to ensure that vehicles are not forced back into public streets or rights-of-way.

(10)

Access points from the adjacent right-of-way into the parcel shall be spaced no closer than one (1) driveway per three hundred (300) feet for access from an arterial road, or one (1) driveway per one hundred (100) feet for access from other rights-of-way. No parcel may have more than three (3) driveways providing access to a single right-of-way.

(11)

To the extent possible, in accordance with the provisions of this Code, cross-access easements shall be secured between adjacent properties where these spacing guidelines are unable to otherwise be met.

(12)

All driveways into on-site parking areas shall have a minimum throat depth of twenty-five (25) feet between the first parking space and the right-of-way to allow minimum arrival stacking distance for cars entering the site.

(13)

Buried electric, cable, and telephone lines shall be used, whenever practicable, as determined by the Planning Manager based upon generally accepted land use principles and the configuration of the particular parcel.

(14)

Screening, by planting or architectural screen, shall be installed for all above-ground electric transformers, meters, backflow preventers, or other apparatus, and said screening shall be consistent with the architectural and other requirements of this Code.

(15)

Elevated tanks or drain fields are prohibited.

(16)

A service area shall be provided for each building that is within the rear area of the site, but shall be separated from any rear customer and employee entrances by a wall or fence.

(17)

Open space for each parcel shall be a minimum of twenty-five (25) percent of the site. Open space areas shall be devoid of buildings, parking and any other impervious surface areas.

(18)

All outside storage buildings shall conform to the same standards applied to the site's primary building.

(19)

All walls, fences or screens, whether temporary or permanent, shall be consistent with the architectural and other requirements of this Code.

(20)

Antennae, communication towers or discs, storage tanks, cooling towers, and garbage/trash receptacles shall be screened from adjacent properties, streets, walkways, and parking areas which screening shall be consistent with the architectural and other requirements of this Code.

(21)

Chain link fencing is not permitted except when used as a temporary security measure for construction.

(22)

Fence or wall height shall, at a minimum, equal the height of the item being screened. Fence or wall colors shall conform to the designated palette.

(23)

Where grade-level retention and storage is not feasible, below-grade exfiltration trenches are required.

(24)

Sidewalks from individual buildings shall be linked to the public sidewalks in a logical and direct manner.

(25)

All entrances shall be open to the connecting or adjacent parking area or sidewalk.

(26)

Recessed ramps at curbs are required.

(27)

Trash receptacles and dumpsters shall not be placed in the front of any building. Trash and garbage facilities shall be screened so as not to be visible from any street, driving lane, or right-of-way.

(28)

At a minimum, landscape plants shall meet the following standards at installation:

Groundcover: 1 gallon; Florida Fancy.

Shrubs: Three-gallon; sixteen (16) inches by twenty (20) inches; Florida Fancy.

Palms: Ten (10) feet overall height; six (6) feet clear trunk height; field grown.

Trees: Min. fourteen (14) feet in height, three-inch caliper; container grown.

(29)

When a driveway intersects a public right-of-way, landscaping shall be used to define the intersection; provided, however, that all landscaping within a fifteen (15) feet site triangle area shall provide unobstructed cross-visibility at a vertical level between two (2) feet and six (6) feet. The site triangles shall consist of those areas on both sides of a driveway formed by the intersection of each side of the accessway and the public street right-of-way pavement line, with two (2) sides of each triangle being fifteen (15) feet in length from the point of intersection and the third side being a line connecting the ends of the two (2) other sides.

(30)

Trees shall be located so as not to create a traffic hazard and shall have limbs and foliage maintained and trimmed in such a manner that cross-visibility is not impaired.

(31)

Landscaping, except grass, groundcover, and low shrubs, shall be located a minimum of three (3) feet from the edge of any driveway pavement.

(32)

Landscaping shall be installed to ensure maximum visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular circulation.

(33)

Parking areas shall include islands at the ends of paired parking bays and at the ends of single rows of parking. These islands shall be at least eight (8) feet wide, excluding curbing.

(34)

Asphalt or concrete paving shall be placed no closer than four (4) feet from the exterior wall of a site's primary building except at entrances or emergency exits.

(35)

Islands at the ends of parking bays shall be landscaped in the same fashion as medians with a least one (1) approved shade tree per island. The other landscaping shall consist of ground cover and shrubs.

(36)

A landscape island or minimum of one hundred eighty (180) square feet shall be provided for every ten (10) continuous parking spaces. The island shall be landscaped with at least one (1) approved shade tree per island. The other landscaping shall consist of groundcover and shrubs. Landscape treatment of islands shall be configured so as not to restrict or block necessary vision of traffic or pedestrians. Landscaping in all parking areas shall be incorporated into the landscaping and development plan for each parcel and shall present an attractive appearance when viewed from the on-site circulation areas and the structure it surrounds.

(37)

Dead-end parking lots shall be discouraged, but allowed if no alternative exists and a turn-around area is provided.

(38)

Entry drives into parking areas shall be landscaped and shall incorporate the design of landscaping in adjoining buffer areas. The design shall incorporate approved trees and shrubs to visually emphasize the driveway and provide an attractive appearance from the street. If a divided entry or median is approved, the median shall be designed in a similar manner.

(39)

Landscape treatment of entry areas shall not incorporate hedging or berms in such a manner as to interfere with or obstruct the view of vehicular or pedestrian traffic.

(40)

Each primary building shall maintain a planting area of at least four (4) feet in width around all perimeter edges, with the exception of the areas directly in front of doors and expanded entryways.

(41)

Each planting area shall be one hundred (100) percent planted with shrubs, groundcover and, where space allows, small trees, to provide visual and physical relief between pavement and the building facade. Sod shall not be used as plant material for foundation planting.

(42)

Landscaping shall be installed between the vehicular use areas and the contiguous properties as follows:

A hedge or other durable and cold-hardy landscape screen at least forty-two (42) inches in overall height above grade.

At least two (2) canopy trees and three (3) understory trees shall be planted for every one hundred (100) linear feet, or fraction thereof, along the side and rear lines of the parcel.

All impervious areas not planted with trees or shrubs and those areas not remaining in naturally preserved conditions shall be sodded.

(43)

Unless preserved in an indigenous natural vegetative state, all unpaved areas shall be one hundred (100) percent landscaped and irrigated. Landscape treatment shall be appropriate to building and site design.

(44)

All open areas not developed with parking, roadways, paths or otherwise planted shall be sodded with St. Augustine grass and irrigated. Retention pond bottoms may be seeded with Argentine Bahia grass rather than sodded.

(45)

All sites shall include an underground irrigation system that provides one hundred (100) percent coverage to all planted and sodded areas. All sprinkler heads shall be of the pop-up type. When available, the irrigation source shall be reuse water.

(46)

In order to provide signage for adult entertainment establishments and sexually oriented businesses in an appropriate manner, only monument signs, building signs, and pole signs no taller than twenty (20) feet overall shall be approvable. Each business shall be allowed one (1) ground mounted monument sign or one (1) pole sign.

(47)

Roof mounted signs of any kind; audible signs; flags, banners and flagpoles; trailer signs, portable signs and temporary signs (other than temporary construction signs and temporary directional signs); and the parking of trucks, vans, campers or any other vehicle or movable objects having sides which identify the business with signs, insignias or logos are prohibited.

(48)

Signage materials shall be of durable and lasting materials. Wood signs are prohibited.

(49)

All signage shall be maintained to conform to the standards of this Code. The replacement of burned out lighting sources and replacement of missing letters, numerals or other elements of the sign, shall be accomplished within fifteen (15) days of the particular deficiency occurring.

(50)

No sign shall be located so as to interfere with the visibility of approaching pedestrian or vehicular traffic.

(51)

The sign for each business shall contain the words "an adult business establishment" as a method of identifying the business as an adult entertainment establishment or sexually oriented business and signage shall be consistent with the provisions of this Code.

(52)

Maximum content areas for signs shall conform to this Code, i.e., two (2) square feet of sign area per one (1) linear foot of building frontage.

(53)

No sign shall contain any flashing lights, photographs, silhouettes, drawings or pictorial representations of any type or manner.

(54)

Other than allowable signs as defined herein, advertisements, displays, or other promotional materials for any establishment or sexually oriented business shall not be shown or exhibited so as to be visible to the public from any street, sidewalk, or other public place.

(55)

No sign shall include the words "nude," "nudity," "naked," "topless," "go-go" or "dancers," or words including any and all slang substitutes or materials depicting, describing or relating to any of the listed specified anatomical areas or any of the listed specified sexual activities.

(56)

One (1) monument sign is permitted to be located at the main entrance to a parcel which shall be a maximum height above grade of five (5) feet and may be externally lighted. All external lighting sources shall be hidden from view. Light sources shall not cause glare or other hazardous conditions to vehicular traffic.

(57)

Each building shall be permitted one (1) building-mounted identification sign which shall be compatible with the building architecture. The scale of the building shall determine the letter height and sign length. Sign dimensions shall be a maximum of four (4) feet by eight (8) feet, or ten (10) percent of front facade area, whichever is less. Individual letters mounted directly on the building face shall not exceed area requirements in total area mass. Building identification signs may be internally illuminated.

(58)

Pole signs shall be a maximum of twenty (20) feet height set at a minimum of five (5) feet from the right-of-way, and the sign face shall be set back a minimum of five (5) feet from the right-of-way. The overall area of sign shall not exceed forty-eight (48) square feet, with a maximum width of eight (8) feet. The base of the pole shall be generally located away from vehicular use areas except when this is not possible, the sign base shall be protected with a combined structure/landscape feature, of sufficient height to be visible from a motor vehicle traveling on the abutting right-of-way.

(59)

Placement of lighting for area lighting, landscape illumination, or parking lot or pedestrian walkway illumination shall not be placed or installed in such a way as to create hazards to vehicular or pedestrian traffic. Lighting locations shall not create a glare or offensive character for adjacent properties. Flashing lights are prohibited.

(60)

Lighting level criteria shall be consistent with the requirements of this Code for developments within commercial zoning classifications. General area lighting, including lighting of parking areas, shall be by use of high pressure sodium vapor lamps. Pedestrian and lighting shall be high pressure sodium or similar lighting.

(61)

All lighting fixtures shall be installed consistent with the architectural style and colors of the building. Bare bulbs on buildings, roofs or signs are prohibited.

(62)

Each entryway to the establishment shall have the following words printed in one (1) inch letters at the height of five (5) feet;

"DO NOT ENTER IF SEXUALLY ORIENTED ENTERTAINMENT OFFENDS YOU."

(b)

Each adult entertainment establishment and sexually oriented business licensed to operate in Seminole County upon property assigned the M-2 zoning classification shall continually maintain the improvements on the site to conform with the design standards set forth in subsection 30.6.9.2(a).

(c)

Each adult entertainment establishment licensed to operate in Seminole County on the effective date of this Ordinance, although subject to the amortization provisions of Ordinance Number 97-28, may continue to operate at the site to which the license pertains in a grandfathered status if, within ninety (90) days of the effective date of this Ordinance, said establishment applies to and receives a certification from the Development Services Director that the following design standards have been attained; provided, however, that any redevelopment of the parcel shall be subject to the provisions of subsection 30.6.9.2(a):

(1)

As to adult performance establishments of three thousand (3,000) square feet or more the following design standards shall apply and be subject to certification in accordance with the provisions of this Ordinance:

Murals, silhouette painting, animal statuary, or ornamentation, flat facade decorations on building faces or extending above the building roof, mirrored surfaces or otherwise reflective details and stripes are prohibited.

Construction of a finished block screen wall for dumpsters shall occur in accordance with the provisions of this Code.

Driveway access from United States Highway 17-92 shall be adjusted and defined by a continuous curb and by removing all asphalt along western edge of the sidewalk between any pole sign and the curb cut and by replacing the asphalt with groundcover, shrubs, and small accent trees.

The asphalt across front of building between sidewalk and building face shall be removed.

Shade trees or small accent trees shall be planted in the rear parking lot to comply with the provisions of this Code requiring landscaped breaks to account for at least ten (10) percent of the total parking area.

Groundcover, shrubs, and small accent trees shall be planted at the building front and at the south side of the building.

All landscaping shall be subject to the approval of the Planning Manager, which approval shall not be unreasonably withheld; provided, however, that such plantings shall require nominal maintenance and irrigation and shall be aesthetically enhancing and consistent with sound and high quality generally acceptable planning techniques and principles.

A landscape planter of sufficient height to be visible from a motor vehicle traveling on the abutting right-of-way shall be installed around any existing pole sign, and groundcover and/or shrubs requiring nominal irrigation and maintenance shall be planted in the planter. Landscape treatment of islands shall be configured to not restrict or block the necessary vision of traffic or pedestrians. Landscaping in all parking areas shall be incorporated into the landscaping and development plan for the parcel and shall present an attractive appearance when viewed from the on-site circulation areas and the structure it surrounds.

The words "A Gentlemen's Club," or "A Men's Club," or "An Adult Entertainment Establishment" shall be the sole and exclusive identifier of the business type on any new or existing signs otherwise consistent with the sign regulations of this Code; provided, however, that the name "Circus, Circus" shall be an acceptable alternative business identifier.

Small entrance directional signs at the driveways of the two (2) secondary roads shall be installed.

All paint colors used on the site shall comply with the designated palette.

At a minimum, landscape plants shall meet the following standards at installation:

Groundcover: One-gallon; Florida Fancy.

Shrubs: Three-gallon; sixteen (16) inches by twenty (20) inches; Florida Fancy.

Palms: Ten (10) feet overall height; six (6) feet clear trunk height; field grown.

Trees: Min. fourteen (14) feet height, three (3) inches caliper; container grown.

No sign shall contain any flashing lights, photographs, silhouettes, drawings, or pictorial representations of any type or manner.

Other than allowable signs as defined herein, advertisements, displays or other promotional materials for the establishment shall not be shown or exhibited so as to be visible to the public from any street, sidewalk or other public place.

No sign shall include the words "nude," "nudity," "naked," "topless," "go-go" or "dancers," or words including any and all slang substitutes or materials depicting, describing, or relating to any of the listed specified anatomical areas or any of the listed specified sexual activities.

Each entryway to the establishment shall have the following words printed in one-inch letters at the height of five (5) feet:

"DO NOT ENTER IF SEXUALLY ORIENTED ENTERTAINMENT OFFENDS YOU."

Roofs shall be configured such that flat roof systems include a parapet wall along the building perimeter of sufficient height to screen rooftop equipment (air conditioning compressors, vents, etc.).

Awnings or other facade treatments shall be of colors within the designated palette and shall be complementary to the exterior building color.

Fence or wall height shall, at a minimum, equal the height of the item being screened. Fence or wall colors shall conform to the designated palette.

Trees shall be located so as not to create a traffic hazard and shall have limbs and foliage trimmed in such a manner that cross-visibility is not impaired.

All sites shall include an underground irrigation system that provides one hundred (100) percent coverage to all planted and sodded areas. All sprinkler heads shall be pop-up type. When available, the irrigation source shall be reuse water.

Roof mounted signs of any kind; audible signs; flags, banners, and flagpoles; trailer signs, portable signs, and temporary signs (other than temporary construction signs and temporary directional signs); and the parking of trucks, vans, campers, or any other vehicle or movable objects having sides which identify the business with signs, insignias or logos are prohibited.

All signage shall be maintained to conform to the standards of this Code. The replacement of burned-out lighting sources and replacement of missing letters, numerals, or other elements of the sign shall be accomplished within fifteen (15) days of the particular deficiency.

aa.

Maximum content areas for signs shall conform to this Code, i.e., two (2) square feet of sign area per one (1) linear foot of building frontage.

bb.

All lighting fixtures shall be installed consistent with the architectural style and colors of the building. Bare bulbs on buildings, roofs or signs are prohibited.

cc.

Placement of lighting for area lighting, landscape illumination or parking lot or pedestrian walkway illumination shall not be placed or installed in such a way as to create hazards to vehicular or pedestrian traffic. Lighting locations shall not create a glare or offensive character for adjacent properties. Flashing lights are prohibited.

(d)

Lighting level criteria shall be consistent with the requirements of this Code for developments assigned commercial zoning classifications. General area lighting, including lighting of parking areas, shall be by use of high pressure sodium vapor lamps. Pedestrian and lighting shall be high pressure sodium or similar lighting.

(1)

As to adult performance establishments of less than three thousand (3,000) square feet, the following design standards shall apply and be subject to certification in accordance with the provisions of this Ordinance:

The exterior paint color shall be changed to one (1) primary color and one (1) secondary color for trim and other details which colors shall be consistent with the designated palette.

All vents shall be repaired. Vents, louvers, flashing, tanks, vent stacks, and doors shall be a color consistent with the color scheme of the building derived from the designated palette. The Planning Manager shall determine such color requirements after consultation with the Development Review Committee.

All signs located in or on the building advertising the sale of alcoholic beverages that are viewable from outside the premises shall be removed.

Wood or finished block screen walls shall be constructed for each dumpster which walls shall be a minimum height of six (6) feet.

Parking shall be limited to one (1) space for each four (4) lawfully existing customer seats in the building and shall not exceed a maximum of fifteen (15) spaces. On-site traffic will flow one (1) way only in a counterclockwise direction around the building. A driving lane with a minimum width of twenty feet (20') shall be constructed along the north side of the building, designated for "No Parking" and identified as a fire lane with pavement striping.

All asphalt on the premises shall be repaired and resealed.

Removal of a minimum forty (40) feet length by five (5) feet width band of asphalt in front of building running parallel to United States Highway 17-92 and replacement of said paving with landscaping to include at a minimum: four (4) understory trees (1.5 inches caliper, eight (8) feet to ten (10) feet height, four (4) feet to five (5) feet spread) and a combination of small shrubs and groundcover which presents a complete coverage at the time of planting. Removal of minimum twenty (20) feet by five (5) feet width band of asphalt beginning at the eastern edge of the sidewalk at the entrance to the building and extending to connect with the above landscape buffer and replace with landscaping to include at a minimum: one (1) canopy tree (two-inch caliper, eight (8) feet to ten (10) feet in height, four (4) feet to five (5) feet spread) and a combination of small shrubs and groundcover to achieve a complete coverage at the time of planting. Landscape modifications/enhancements shall be accomplished which shall be subject to the approval of the Planning Manager which approval shall not be unreasonably withheld; provided, however, that such plantings shall be aesthetically enhancing and consistent with sound and high quality and generally acceptable planning techniques and principles.

The words "a Men's Club," or "a Gentlemen's' Club" or "an Adult Entertainment Establishment" shall be the sole and exclusive identifier of the business type on any new or existing signs otherwise consistent with the sign regulations of this Code; provided, however, that the name "risky business" shall be an acceptable business identifier.

Additional parking area lighting, landscape lighting and architectural lighting on the building shall be installed to enhance site and landscape illumination and to provide additional architectural interest in the building. Outdoor lighting shall be limited to and composed of decorative poles twenty (20) feet height with cut-off fixtures.

At a minimum, landscape plants shall meet the following standards at installation:

Groundcover: One-gallon; Florida Fancy.

Shrubs: Three-gallon; sixteen (16) inches by twenty (20) inches; Florida Fancy.

Palms: Ten (10) feet overall height; six (6) feet clear trunk height; field grown.

Trees: Min. fourteen (14) feet height, three-inch caliper; container grown.

No sign shall contain any flashing lights, photographs, silhouettes, drawings or pictorial representations of any type or manner.

Other than allowable signs as defined herein, advertisements, displays or other promotional materials for any establishment or sexually oriented business shall not be shown or exhibited so as to be visible to the public from any street, sidewalk, or other public place.

No sign shall include the words "nude," "nudity," "naked," "topless," "go-go" or "dancers," or any and all words including slang substitutes or materials depicting, describing or relating to any of the listed specified anatomical areas or any of the listed specified sexual activities.

Each entryway to the establishment shall have the following words printed in one-inch letters at the height of five (5) feet:

"DO NOT ENTER IF SEXUALLY ORIENTED ENTERTAINMENT OFFENDS YOU."

Roofs shall be configured such that flat roof systems include a parapet wall along the building perimeter of sufficient height to screen rooftop equipment (air conditioning compressors, vents, etc.).

Parking shall be restricted to side and read areas when practicable, as determined by the Planning Manager based upon generally accepted land use principles and the configuration of the particular parcel. Adequate maneuvering space shall be provided to ensure that vehicles are not forced back into public streets or rights-of-way.

Fence or wall height shall, at a minimum, equal the height of the item being screened. Fence or wall colors shall conform to the designated palette.

Trees shall be located so as not to create a traffic hazard and shall have limbs and foliage trimmed in such a manner that cross-visibility is not impaired.

Roof mounted signs of any kind; audible signs; flags, banners, and flagpoles; trailer signs, portable signs, and temporary signs (other than temporary construction signs and temporary directional signs); and the parking of trucks, vans, campers or any other vehicle, or movable objects having sides which identify the business with signs, insignias or logos are prohibited.

Maximum content areas for signs shall conform to this Code, i.e., two (2) square feet of sign area per one (1) linear foot of building frontage.

All lighting fixtures shall be installed consistent with the architectural style and colors of the building. Bare bulbs on buildings, roofs or signs are prohibited.

(2)

As to adult bookstores/video stores which are operating as stand-alone structures, the following design standards shall apply and be subject to certification in accordance with the provisions of this Ordinance:

The exterior paint color of the building shall be changed to one (1) primary color, and one (1) secondary color for trim and other details which colors shall be consistent with the designated palette.

All parking directly in front of building entrance (minimum of two (2) spaces) shall be removed.

Curbing at each driveway cut from United States Highway 17-92 shall be constructed to define driveway cuts.

Railing, which is four (4) feet high, shall be constructed at the front sidewalk along the right-of-way to provide a safety barrier for customers exiting in the direction of United States Highway 17-92.

Shade trees or small accent trees shall be planted in the rear parking lot to comply with provisions of this Code requiring landscaping to account for at least ten (10) percent of the total parking area, which landscaping shall be subject to the approval of the Planning Manager which approval shall not be unreasonably withheld; provided, however, that such plantings shall be aesthetically enhancing and consistent with sound and high-quality planning techniques and principles.

Landscape planting along United States Highway 17-92 shall be accomplished to include groundcover, canopy trees, and shrubs all of which require nominal landscaping and irrigation. A minimum of one (1) canopy tree shall be planted for every twenty-five (25) feet of landscape area.

The landscape planter along the front of the buildings shall be refurbished. Landscaping for remaining areas shall be accomplished, which shall be subject to the approval of the Planning Manager which approval shall not be unreasonably withheld; however, such plantings shall be aesthetically enhancing and consistent with sound and high quality planning techniques and principles.

The words "an adult business establishment" shall be used as the sole and exclusive identifier of the business type on any new or existing signs otherwise consistent with the sign regulations of this Code; provided, however, the name "exotic emporium" shall be an acceptable business identifier.

No interior signs shall be utilized that can be viewed from outside of the building.

Additional enhanced parking area lighting, landscape lighting and architectural lighting on the building to enhance the site and landscape illumination shall be provided. Outdoor lighting shall be limited to and composed of decorative poles twenty (20) feet in height with cut-off fixtures.

Roofs shall be configured such that flat roof systems include a parapet wall along the building perimeter of sufficient height to screen rooftop equipment (air conditioning compressors, vents, etc.).

Fence or wall height shall, at a minimum, equal the height of the item being screened. Fence or wall colors shall conform to the designated palette for building color selection and shall be consistent with the building colors.

At a minimum, landscape plants shall meet the following standards at installation:

Groundcover: One-gallon; Florida Fancy.

Shrubs: Three-gallon; sixteen (16) inches by twenty (20) inches; Florida Fancy.

Palms: Ten (10) feet overall height; six-foot clear trunk height; field grown.

Trees: Min. fourteen (14) foot height, three-inch caliper; container grown.

Trees shall be located so as not to create a traffic hazard and shall have limbs and foliage trimmed in such a manner that cross-visibility is not impaired.

All sites shall include an underground irrigation system that provides one hundred (100) percent coverage to all planted or sodded areas. All sprinkler heads shall be pop-up type. When available, the irrigation source shall be reuse water.

Roof-mounted signs of any kind; audible signs; flags, banners and flagpoles; trailer signs, portable signs, and temporary signs (other than temporary construction signs and temporary directional signs); and the parking of trucks, vans, campers, or any other vehicle or movable objects having sides that identify the business with signs, insignias, or logos is prohibited.

All signage shall be maintained to conform to the standards of this Code. The replacement of burned out lighting sources and replacement of missing letters, numerals, or other elements of the sign shall be accomplished within fifteen (15) days of the particular deficiency.

Maximum content areas for signs shall conform to this Code, i.e., two (2) square feet of sign area per one (1) linear foot of building frontage.

No sign shall contain any flashing lights, photographs, silhouettes, drawings. Or pictorial representations of any type or manner.

Other than allowable signs as defined herein, advertisements, displays, or other promotional materials for any and all establishments or sexually oriented businesses shall not be shown or exhibited so as to be visible to the public from any street, sidewalk, or other public place.

No sign shall include the words "nude," "nudity," "naked," "topless," "go-go" or "dancers," or words including slang substitutes or materials depicting, describing, or relating to any of the listed specified anatomical areas or any of the listed specified sexual activities.

All lighting fixtures shall be installed consistent with the architectural style and colors of the building. Bare bulbs on buildings, roofs, or signs are prohibited.

Each entryway to the establishment shall have the following words printed in one-inch letters at the height of five (5) feet:

"DO NOT ENTER IF SEXUALLY ORIENTED ENTERTAINMENT OFFENDS YOU."

(3)

As to adult bookstores/adult video stores which are located in a shopping center, the following design standards shall apply and be subject to certification

Exterior paint color shall be changed to one (1) primary color and one (1) secondary color for trim and other details, which colors shall be consistent with the designated palette.

All asphalt shall be repaired and resealed.

Asphalt abutting the state right-of-way along United States Highway 17-92, a minimum of five (5) feet in length running the length of the property exclusive of entrance and access driveways shall be removed for the purpose of installing Groundcover, shrubs, and small accent trees all of which require nominal irrigation and maintenance shall be planted along United States Highway 17-92. A minimum of one (1) canopy tree shall be planted for every twenty-five (25) feet of landscape area.

A landscape planter of sufficient height to be visible from a motor vehicle traveling on the abutting right-of-way around any existing pole signs shall be installed, and groundcover and/or shrubs which require nominal irrigation and maintenance shall be planted.

Shade trees or small accent trees shall be planted in the rear parking lot to comply with the provisions of this Code requiring landscaped breaks and to account for at least ten (10) percent of the total parking area, which landscaping shall be subject to the approval of the Planning Manager which approval shall not be unreasonably withheld; provided, however, that such plantings shall be aesthetically enhancing and consistent with sound and high quality planning techniques and principles.

The words "an adult entertainment business" shall be used as the sole and exclusive identifier of the type of business on any new or existing signs consistent with the sign regulations of this Code; provided, however, that the words "Bob's Video" or "Excitement Video" shall be acceptable business identifiers.

All vehicular signage from parking areas shall be removed.

All roof signs shall be removed.

Additional enhanced parking area lighting, landscape lighting, and architectural lighting on the building shall be provided to enhance site and landscape illumination and to provide additional architectural interest to the building. Outdoor lighting shall be limited to and composed of decorative poles twenty (20) feet in height with cut-off fixtures.

At a minimum, landscape plants shall meet the following standards at installation:

Groundcover: One-gallon; Florida Fancy.

Shrubs: Three-gallon; sixteen (16) inches by twenty (20) inches; Florida Fancy.

Palms: Ten-foot overall height; six-foot clear trunk height; field grown.

Trees: Min. fourteen-foot height, three-inch caliper; container grown.

No sign shall contain any flashing lights, photographs, silhouettes, drawings, or pictorial representations of any type or manner.

Other than allowable signs as defined herein, advertisements, displays, or other promotional materials for any establishment or sexually oriented business shall not be shown or exhibited to be visible to the public from any street, sidewalk, or other public place.

No sign shall include the words "nude," "nudity," "naked," "topless," "go-go," or "dancers," or any and all words, including slang substitutes or materials depicting, describing, or relating to any of the listed specified anatomical areas or any of the listed specified sexual activities.

Each entryway to the establishment shall have the following words printed in one-inch letters at a height of five (5) feet:

"DO NOT ENTER IF SEXUALLY ORIENTED ENTERTAINMENT OFFENDS YOU."

Roofs shall be configured such that flat roof systems include a parapet wall along the building perimeter of sufficient height to screen rooftop equipment (air conditioning compressors, vents, etc.).

All walls, fences, or screens, whether temporary or permanent, shall be consistent with the architectural and other requirements of this Code.

Trash receptacles and dumpsters shall not be placed in the front of any building. Trash and garbage facilities shall be screened so as not to be visible from any street, driving lane or right-of-way.

Trees shall be located so as not to create a traffic hazard and shall have limbs and foliage trimmed in such a manner that cross-visibility is not impaired.

The site shall include an underground irrigation system that provides one hundred (100) percent coverage to all planted or sodded areas. All sprinkler heads shall be pop-up type. When available, the irrigation source shall be reuse water.

Roof-mounted signs of any kind; audible signs; flags, banners, and flagpoles; trailer signs, portable signs, and temporary signs (other than temporary construction signs and temporary directional signs); and the parking of trucks, vans, campers, or any other vehicle or movable objects having sides which identify the business with signs, insignias or logos are prohibited.

Maximum content areas for signs shall conform to this Code, i.e., two (2) square feet of sign area per one (1) linear foot of building frontage.

Other than allowable signs as defined herein, advertisements, displays, or other promotional materials for any establishment or sexually oriented business shall not be shown or exhibited to be visible to the public from any street, sidewalk, or other public place.

aa.

All lighting fixtures shall be installed consistent with the architectural style and colors of the building. Bare bulbs on buildings, roofs, or signs are prohibited.

bb.

The base of each pole sign shall be generally located away from vehicular use areas except when this is not possible, the sign base shall be protected with a combined structure/landscape feature of sufficient height to be visible from a motor vehicle traveling on the abutting right-of-way.

cc.

dd.

Lighting level criteria shall be consistent with the requirements of this Code for developments on property assigned a commercial zoning classification. General area lighting, including lighting of parking areas, shall be by use of high pressure sodium vapor lamps. Pedestrian and lighting shall be high pressure sodium or similar lighting.

(4)

Notwithstanding the provisions of this Section relative to a ninety-day certification eligibility period set forth in subsection (c) of this Section, if a parcel is determined to be subject to an eminent action which is reasonably likely to commence within one (1) year of the final date to submit an application for certification, based upon evidence submitted by the prospective condemning authority, and the prospective actions of the condemning authority are found by the Development Services Director to be reasonably likely to substantially and adversely impact the improvements to be accomplished upon the property which is eligible for certification and approve the application with conditions set forth therein which conditions extend the date of the mandatory accomplishment of the improvements; provided, however, that no extensions to the date set forth in the certification action by the Development Services Director may be given and, if the improvements are not accomplished within the time period established by the Development Services Director as conditions authorized by this subsection, the property shall no longer be eligible for certification.

(e)

Each adult entertainment establishment certified in accordance with the provisions of subsection 30.6.9.2(c) shall continually maintain the improvements made on the site to conform with the appropriate design standards set forth in this Ordinance.

(f)

All decisions of the Planning Manager shall be appealable as set forth in this Code. Decisions of the Development Services Director shall be appealable as set forth in Chapter 20 relating to development orders.

30.6.9.3 Conflicting zonings.

(a)

An adult entertainment establishment with a validly issued license or sexually oriented business lawfully operating on June 26, 1997, that is in violation of sections 43 and 44 of Ordinance Number 97-28, as amended by this Ordinance, shall be deemed and constitute a conflicting zoning. The business or establishment constituting a conflicting zoning will be permitted to continue to operate at the current location, but shall cease operation by September 30, 1999, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more.

(b)

Such conflicting zonings shall not be increased, enlarged, extended, or altered except that the use on the property may be changed to a non-conflicting zoning.

(c)

An adult entertainment establishment or sexually oriented business lawfully operating as of June 26, 1997 is not rendered a conflicting zoning by the location, subsequent to the grant or renewal of an adult entertainment establishment license or sexually oriented business license, by a use for which separation requirements apply as set forth in Section 44 [30.6.9.1] of Ordinance Number 97-28 as amended by this Ordinance. This provision applies only to the renewal of a valid license and does not apply when an application for a license is submitted after a license has expired or been revoked.

30.6.9.4 Seminole County/City of Sanford Joint Planning Interlocal Agreement Relating to Adult or Sexually Oriented Uses.

(a)

Adoption of interlocal agreement as land development regulations.

(1)

The interlocal agreement entitled "Seminole County/City of Sanford Joint Planning Interlocal Agreement Relating to Adult or Sexually Oriented Uses" and dated March 23, 1998 is hereby adopted as land development regulations applicable within the unincorporated areas of Seminole County.

(2)

The terms, provisions, conditions and procedures set forth in the interlocal agreement referred to in section (a)(1) shall be administered in accordance with the terms, provisions, conditions and procedures of the Land Development Code of Seminole County.

(b)

Interlocal agreement.

SEMINOLE COUNTY/CITY OF SANFORD

JOINT PLANNING INTERLOCAL AGREEMENT

RELATING TO ADULT OR SEXUALLY ORIENTED USES

THIS JOINT PLANNING INTERLOCAL AGREEMENT is made and entered into this _____ day of _____, 1998, by and between SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as the "COUNTY", and the CITY OF SANFORD, a Florida municipal corporation whose address is Post Office Box 1788, Sanford, Florida 32772-1788, hereinafter referred to as the "CITY".

WITNESSETH:

WHEREAS, it is beneficial to the public for local governments to work together in a spirit of harmony, collaboration and cooperation and the CITY and the COUNTY have worked together in the past as evidenced by numerous interlocal agreements such as, for example, the Joint Planning Interlocal Agreement of November 21, 1991 which shall remain in effect subsequent to the effective date of this Agreement; provided, however, that the terms of this Agreement shall prevail as to adult and sexually oriented land uses; and

WHEREAS, the provisions of the Local Government Comprehensive Planning and Land Development Regulation Act (Part II, Chapter 163, Florida Statutes), the Rules of the Florida Department of Community Affairs (in particular Rule 9J-5.015, Florida Administrative Code) and other applicable law provide for intergovernmental coordination in the comprehensive planning process; and

WHEREAS, the provisions of this Agreement are consistent with the State Comprehensive Plan (Chapter 187, Florida Statutes); the Strategic Regional Policy Plan adopted by the East Central Florida Regional Planning Council and the land development regulations, comprehensive plans and charters of the CITY and the COUNTY; and

WHEREAS, it is desirable, to the maximum extent practicable and conditioned upon a land use and legal analysis by both the COUNTY and the municipalities located within the jurisdictional limits of the COUNTY, for the land areas of Seminole County, both within incorporated municipalities and in the unincorporated areas of the COUNTY, to have essentially uniform regulation of establishments which provide what is commonly referred to as "adult entertainment" and businesses which are sexually oriented in nature; and

WHEREAS, Seminole County Ordinance Number 97-28, as amended by Seminole County Ordinance Numbers 98-3 and 98-13 as well as City of Sanford Ordinance Numbers 3185, 3195 and 3232, detail the general types of establishments and businesses which are considered "adult entertainment establishments" and "sexually oriented businesses" (also referred to as "adult and sexually oriented uses" herein) although the definitions of those terms are not necessarily identical or static and may evolve from time-to-time; and

WHEREAS, the governing bodies of both the CITY and the COUNTY believe that adult and sexually oriented uses are, by and large, inconsistent with contemporary community standards as derived from the expressions of numerous citizens and citizens' groups relative to the presence of adult uses and sexually oriented businesses in a community and, moreover, does not positively impact the sound economic growth of the COUNTY; and

WHEREAS, the identification of multi-jurisdictional parcels at which adult or sexually oriented uses could be located with regard to the CITY's and the COUNTY's constitutional obligations to provide adequate alternative avenues or channels of communication or expression would be in the best interests of the citizens of Seminole County; and

WHEREAS, the legislative findings set forth in Seminole County Ordinance Number 97-28, as amended by Seminole County Ordinance Numbers 98-2 and 98-13 as well as City of Sanford Ordinance Number 3185, are hereby adopted as if set forth fully herein; and

WHEREAS, the provisions of Section 163.3171(3), Florida Statutes, provide for the joint exercise of land use planning and regulatory powers under the Local Government Comprehensive Planning and Land Development Regulation Act and the parties to this Agreement desire to cooperate relative to land use and regulatory jurisdiction over adult entertainment establishments and sexually oriented businesses; and

WHEREAS, it is the intent of the parties that developers of adult uses be treated equally with other developers in terms of site plan and other approvals that may be considered when an application is made for such a use on land which is assigned the appropriate zoning classification and it is, moreover, the intent of the parties to insure that all State laws relative to concurrency requirements are adhered to relative to the provision of adequate facilities and infrastructure and it is, moreover, hereby found and determined by the parties that the Joint Sites have accessible water and sewer service or can be served by wells and septic systems, have a roadway system that can serve development subject to standard land development regulations to which all other development activities are subject, have adequate solid waste services available, have fire and public safety services reasonably available, and otherwise have the adequate capability to be served with all necessary public facilities requisite for a development to be approved and to move forward and through the development processes; and

WHEREAS, Section 163.01, Florida Statutes, authorizes the exercise by agreement between two (2) or more public agencies of any power common to them and each of the parties hereto have the power and authority to regulate adult entertainment establishments and sexually oriented businesses; and

WHEREAS, this Agreement is authorized by the provisions of Chapters 125, 163 and 166, Florida Statutes, and other applicable law,

NOW, THEREFORE, in consideration of the premises, mutual covenants, and agreements and promises contained herein. And other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the parties do hereby covenant and agree as follows:

SECTION 1. RECITALS. The foregoing recitals are true and correct and form a material part of this Agreement upon which the parties have relied.

SECTION 2. PURPOSE/INTENT/JOINT PLANNING AREA.

(a)

The COUNTY and the CITY have reviewed their respective comprehensive plans and land development regulations relative to the provision of adequate alternative avenues or channels of communication or expression with regard to siting adult or sexually oriented uses in their respective jurisdictions. It was found by both parties that, at the time of this Agreement, their comprehensive plans, codes and ordinances and land development regulations are consistent with the requirements of law as set forth in authoritative judicial precedent. It was also found, however, that it would be in the best interests of both jurisdictions to provide for a number of adult and sexually oriented business use sites that are available for both jurisdictions and to be developed with adult and sexually oriented uses in both the COUNTY and the CITY regardless of the actual jurisdictional location of the sites.

(b)

The purpose of this Agreement is to provide for multi-jurisdictional siting of adult and sexually oriented land uses with sites that are part of the relevant real estate market and to, thereby, be compliant with the requirements of law relative to protection of what may be constitutionally protected expression as determined by the courts of this Nation. Likewise, the purpose of this Agreement is to provide for the seamless movement of adult and sexually oriented use sites from unincorporated Seminole County into the jurisdictional limits of the CITY without the COUNTY's available sites being reduced in number as a result of such change in land use jurisdiction.

SECTION 3. JOINT SITES.

(a)

The real property pertinent to this Agreement are those lots, tracts or parcels of real property located in either the CITY or the COUNTY and, consistent with the appropriate party's land development regulations, permittable for adult and sexually oriented uses (hereby designated as the "Joint Sites" and be referred to as such herein).

(b)

The Joint Sites shall be eligible for the issuance of development permits consistent with the comprehensive plan and land development regulations of the jurisdiction wherein the Sites are located; provided, however, that, if a Site is annexed into the CITY, it shall be subject to the comprehensive plan and land development regulations of the COUNTY.

(c)

It is the intent of the parties to renegotiate the terms of this Agreement if those sites that are part of the Joint Sites, but which are currently located within unincorporated Seminole County, are annexed into the CITY. It is the intent of the CITY to not annex said sites.

(d)

It is also the intent of the parties that another city or cities may participate in the benefits and burdens of this Agreement.

SECTION 4. COMPREHENSIVE PLANNING, FUTURE LAND USES AND PROVISION OF INFRASTRUCTURE.

(a)

The parties agree that the Joint Sites may be developed in accordance with generally applicable land development regulations (CITY or COUNTY as the case may be based upon the location of the real property consistent, however, with section 3(b)) as adult entertainment establishments or a sexually oriented business, as defined by Ordinance Number 97-28, as amended by Ordinance Number 98-2.

(b)

The parties agree to cooperate and collaborate to the maximum extent practicable to ensure that adequate infrastructure is available to the Joint Sites in order to ensure that the Joint Sites are included in the relevant real estate market applicable to the permitted uses on the Joint Sites subject, however, to the obligations of a developer under State law (and applicable local codes and ordinances) to provide for adequate public facility infrastructure. It is the intent of the parties to treat developers of adult and sexually oriented uses in a way, fashion and manner; under such terms and conditions; and with such practices and procedures that are typical and normal to development review and approval processes made applicable to other forms of development. Locational decisions aside relative to land use designations and zoning classifications assigned to particular parcels of property, it is the intent of the parties to allow for the permitting and approval of adult and sexually oriented uses consistent with the practices and procedures that are applicable to other forms and types of development.

(c)

With regard to any proposed amendment to either the comprehensive plan or the land development regulations of the parties which pertains to adult and sexually oriented uses and during the development and drafting phases of the respective comprehensive plans, plan amendments and land development regulations of the CITY and the COUNTY, CITY and COUNTY staff shall transmit respective draft planning or regulation documents to the other as part of the intergovernmental coordination mechanisms. Each staff shall compare each other's plan or plan amendments to determine whether proposed objectives, goals and policies and regulatory provisions are consistent with the other party's plan and regulatory provisions.

(d)

Notwithstanding the legal effect of annexations, the adult and sexually oriented use sites located in the CITY shall continue to be deemed and constitute Joint Sites and shall be subject to the provisions of this Agreement.

SECTION 5. CONFLICT RESOLUTION. The parties agree that any disputes arising under this Agreement shall be subject to the provisions of the "Interlocal Agreement on Mediation and Intergovernmental Coordination", dated January 24, 1995.

SECTION 6. TERM. This Agreement shall be in effect for a five (5) year period beginning on the date both parties have enacted ordinances in accordance with section 12. This Agreement shall be automatically renewed for a subsequent five (5) year period unless one (1) of the parties thereto gives the other ninety (90) days advance notice, in writing, of intention to not renew the Agreement.

SECTION 7. NOTICE. Contact persons for this Agreement shall be the CITY Manager and the COUNTY Manager.

FOR THE CITY:

Bill Simmons, City Manager
City of Sanford
P.O. Box 1788
Sanford, Florida 32772-1788

FOR THE COUNTY:

Gary Kaiser, County Manager
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771

SECTION 8. HEADINGS. All sections and descriptive headings in this Agreement are inserted for convenience only, and shall not affect the construction or interpretation hereof.

SECTION 9. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, any may not be modified or amended except by a written instrument equal in dignity herewith and executed by the parties to be bound thereby.

SECTION 10. TIME. Time is of the essence of this Agreement.

SECTION 11. CONFLICT OF INTEREST. The parties agree that the conduct of their offices and employees are subject to the provisions of Part III, Chapter 112, Florida Statutes.

SECTION 12. ENACTMENT OF ORDINANCES. Each party shall consider enacting this agreement by means of an ordinance substantially in the form of the draft ordinance attached as Exhibit "A" to this Agreement which ordinance has an effective date of on or before March 30, 1998.

SECTION 13. EFFECTIVE DATE . Sections 1, 5, 7, 8, 9, 10, 11, 12 and 13 of this Agreement shall take effect on the date that this Agreement is fully executed by the parties. All other sections of this Agreement shall become effective upon both parties enacting the ordinance referred to in section 12.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day, month and year above written.

ATTEST:	CITY OF SANFORD
/s/ ___________	By: /s/ ___________
JANET R. DOUGHERTY, Clerk	LARRY DALE, Mayor
City of Sanford
	Date: _______
ATTEST:	BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA
/s/ ___________	By: /s/ ___________
MARYANNE MORSE	RANDALL C. MORRIS, Chairman
Clerk to the Board of County Commissioners of Seminole County, Florida.
	Date: _______
For use and reliance of Seminole County only. Approved as to form and legal sufficiency.	As authorized for execution by the Board of County Commissioners at their March 10, 1998, regular meeting.
/s/ ___________
County Attorney

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

Sec. 30.6.10. - Community residential homes and assisted living facilities.

30.6.10.1 Statement of intent.

(a)

In order to prevent concentration of foster care and group home facilities and the detrimental impact to a neighborhood caused by a high concentration of these facilities, the Board of County Commissioners shall exercise care in considering a request to establish a foster care or group home facility by determining that the approval of the new facility or addition to an existing facility, when considered in light of the number of other such facilities licensed by the state (excluding foster homes) in the vicinity of the proposed site will not stress the limited capacity of a neighborhood's existing social structure to accommodate foster care and group home facilities. A second intention of this provision is to protect existing foster care and group home facilities from the possibility that an over concentration of such facilities in a neighborhood might develop which may inadvertently recreate an institutional setting. Such a setting is an impediment to the successful functioning of foster care and group home facilities.

(b)

To help fulfill this intent the applicant is required to provide a list of the location of all group care facilities indicating the number of clients at each facility. The list is to be certified by the State department licensing such facilities.

30.6.10.2 Community residential homes may be approved by the Planning Manager as a Limited Use, providing, in addition to all other required findings:

That the location does not create an over-concentration of such homes or substantially alter the nature and character of the area as defined in Section 419.001(3)(c), Florida Statutes (2020), as this statute may be amended from time to time. In the event that the provisions of this Section conflict with the provisions of Section 419.001(3)(c), Florida Statutes (2020), as this statute may be amended from time to time, Section 419.001(3)(c) shall govern.

30.6.10.3 Community residential homes with seven (7) or more unrelated residents and assisted living facilities may be approved by the Board of County Commissioners as a special exception, providing, in addition to all other required findings:

(a)

(b)

In single- and two-family residential districts (including A-1 and RC-1), the Board of County Commissioners shall determine that the proposed structure (facility) is compatible with the neighborhood in its physical size.

(c)

In multiple-family residential districts, the Board of County Commissioners shall determine that the proposed use is compatible with the area in its intensity of land use.

(d)

A copy of the application to the appropriate State agency shall accompany the application for the special exception.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

Sec. 30.6.11. - Family daycare homes.

In accordance with Section 125.0109, Florida Statutes (2001), as this statute may be amended from time to time, the operation of a residence as a family day care home, provided that same is registered or licensed by the Department of Children and Family Services, is a residential use and is permitted in any zoning district or classification where residential uses are permitted.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

Sec. 30.6.12. - Home office.

A home office may be used only by immediate family members actually living on a full time basis at the residence in which the office is located. If a residence is used as a home office, signage and deliveries that are not typical for a residence use and commercial meetings with customers, clients, patients or similar persons are prohibited.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

Sec. 30.6.13. - Farmworker housing.

30.6.13.1 Farmworker housing, either single family or multifamily dwellings, including manufactured homes, if the land use is a bona fide agriculture use; provided, however, that such structures may house only those persons and their immediate family employed in carrying out such bona fide agricultural use. Mobile homes constructed prior to June 15, 1976 shall not be permitted.

30.6.13.2 Farmworker Housing Standards.

(a)

The minimum floor area per dwelling unit for one (1) and two (2) family dwellings shall be seven hundred (700) square feet per unit of occupancy.

(b)

Multifamily dwellings shall contain a minimum of seventy (70) square feet per person per sleeping room, two hundred (200) square feet of outdoor open space per bed, one (1) fully equipped kitchen per twenty (20) beds or increment thereof.

(c)

No detached building used in the farm labor facility shall be closer than fifty (50) feet to any other detached building.

(d)

No detached building used as farmworker housing shall be closer than one hundred (100) feet to any property line of the premises on which it is placed.

(e)

Potable water and sanitary sewage facilities shall be available in compliance with all applicable provisions of all federal, state, and local laws, rules, and regulations.

(f)

The area between the ground and the floor of a mobile home dwelling unit used as farmworker housing shall be enclosed with appropriate and functional skirting.

(g)

No subsequent expansion of a farm labor facility or of farmworker housing as depicted on an approved site plan shall be allowed without approval by the Board of Adjustment. However, any subsequent decrease of the approved units is permitted.

(h)

The applicant shall provide information to all appropriate enforcement officials as to the kind of agricultural operation existing on the premises at the time of application for the farmworker housing.

(i)

The maximum number of dwelling units, including, but not limited to, the main structure and the total agricultural lands, shall be governed as follows and may be arranged in a cluster fashion:

Size of Premises	Maximum No. of Dwelling Units Permitted
> 5 acres, but < 30 acres	2
min. 30 acres, but < 40 acres	3
min. 40 acres, but < 50 acres	4
min. 50 acres, but < 60 acres	5
min. 60 acres, but < 70 acres	6
min. 70 acres, but < 80 acres	7
> 80 acres	8

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

Sec. 30.6.14. - Pain management clinics.

(a)

Pain management clinics must meet the following conditions:

(1)

Separation requirements. A pain management clinic shall not co-locate on the same parcel of record as a Pharmacy. A pain management clinic shall not operate within one thousand (1,000) feet of another pain management clinic, or any pre-existing pharmacy, day nursery, place of worship, alcoholic beverage establishment or property assigned a residential zoning classification or land use designation. The same separation distance requirement shall also apply relative to a private school or school, as that term is defined in Sections 1002.01 or 1003.01, Florida Statutes, as amended. The applicant shall submit a Proof of Separation Affidavit to the Planning and Development Division with the application for a license for a pain management clinic, as required by the Seminole County Code. All distance requirements shall be measured by drawing a straight line from the nearest property line of the pre-existing protected use to the nearest property line of the proposed pain management clinic, without regard to intervening structures, objects or governmental boundaries.

(2)

Parking. Any parking demand created by a pain management clinic established after the effective date of this Ordinance, shall not exceed the parking spaces located or allocated on-site, as required by the County's parking regulations. In order to obtain a license for a pain management clinic, as required by the Seminole County Code, an applicant must demonstrate to the appropriate County staff that the on-site traffic and parking will be sufficient to accommodate traffic and parking demands generated by the pain management clinic, in addition to any other use currently existing on the site, based upon a current traffic and parking study prepared by a qualified transportation professional. Traffic and parking analyses shall be predicated in part upon traffic and parking impacts from other existing pain management clinics in Florida, but shall in no case be less than one (1) space per two hundred (200) square feet of gross square feet. The source of any such information shall be provided to the Planning and Development Division for purposes of verification. County staff shall verify the information contained in the traffic and parking study(ies) with the appropriate officials of the local government where the comparable information is derived.

(3)

Queuing of vehicles. The owner, and/or operator of the pain management clinic shall be responsible for ensuring that there is no queuing of patron vehicles in the public right-of-way or on adjacent properties.

(4)

Waiting rooms. No pain management clinic shall provide or allow outdoor seating areas, queues, or customer waiting areas. All activities shall be conducted within a building, and adequate indoor waiting areas shall be provided for all patients and visitors. The pain management clinic shall not direct or encourage any patient or visitor to stand, sit (including in a parked car), gather, or loiter outside of the building where the clinic operates, including any parking area, sidewalk, adjacent public right-of-way, or neighboring property for any period of time longer than reasonably required to arrive and depart.

(5)

Hours of operation. The hours of operation of a pain management clinic shall be limited to 7:00 a.m. to 7:00 p.m. on the same day.

(6)

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

(7)

Nonconformities. The requirements for location, separation and parking shall be prospective from the effective date of this Ordinance; therefore, any business that would be classified as a pain management clinic pursuant to Section 2.3 of the Land Development Code of Seminole County, which was legally operating on October 1, 2012, but does not meet such requirements, shall be granted legal non-conforming status. This non-conforming status shall be regulated in the same manner as set forth in Section 30.3.10 of the Land Development Code of Seminole County. Notwithstanding any other provision of Section 30.3.10 of the Land Development Code of Seminole County, all other characteristics of use (queuing of vehicles, waiting rooms, hours of operation, and alcoholic beverages) shall apply to all existing and future pain management clinics.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

Sec. 30.6.15. - Automobile wrecking lots.

30.6.15.1 In reviewing a special exception for an automobile wrecking lot, the following additional standards shall be considered:

(a)

No junkyards or automobile graveyards, as defined in Section 339.241, Florida Statutes, shall be located closer than one thousand (1,000) feet to any secondary, primary, or interstate highway.

(a)

The lots must be enclosed with a wall or solid fence not less than six (6) feet in height; and

(c)

All fences, as defined in Section 339.241, Florida Statutes, shall be provided as specified in said section.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

Sec. 30.6.16. - Vacation rentals.

30.6.16.1. Definitions pertaining to vacation rentals. For purposes of the regulation of vacation rentals in Sections 30.6.16.1 through 30.6.16.4 of this Code, the following terms shall have the meaning given herein.

(a)

Hallway: An internal passageway within the vacation rental into which rooms in the vacation rental may open, is enclosed by partitions or walls, has a ceiling above and a floor at its base, and enables the transient occupants to reach the exit from within the vacation rental.

(b)

Responsible party: The property owner or person/entity designated by the property owner to be called upon for matters regarding the vacation rental, including but not limited to the maintenance and upkeep of the property, requests for inspection, emergencies, and to answer for the conduct and acts of the occupants and guests of the vacation rental. The Responsible Party shall be available to be contacted at any hour of the day, any day of the week, during any period of time that the vacation rental is occupied.

(c)

Sleeping room: A fully enclosed portion of a dwelling unit, which is directly connected to a hallway or the exterior of the vacation rental by a door that can be closed and locked for privacy; not accessed solely by another sleeping room; primarily designed or intended for sleeping; not equipped with nor wired for cooking facilities; excludes living rooms, kitchens, bathrooms, hallways, laundry rooms, pantries and the like; and may have a clothing closet and/or bathroom within.

(d)

Transient occupant: A person who occupies a dwelling unit that is a Transient Public Lodging establishment.

(e)

Transient public lodging establishment: As defined in Section 509.013(4)(a)(1), Florida Statutes, as may be amended or replaced.

(f)

Vacation rental: As classified in Section 509.242, Florida Statutes, as may be amended from time to time. However, Section 30.6.16 shall not apply to any dwelling unit that is owner-occupied on a full-time basis and provided the means of ingress and egress is through a hallway internal to the unit to the sleeping room(s) leased by the transient occupant(s).

30.6.16.2 Registration required.

(a)

Each vacation rental being advertised or offered to the public must be registered by the Responsible Party with a third-party vendor authorized by Seminole County prior to commencement of operation. The Responsible Party for all new and existing vacation rentals located in unincorporated Seminole County must register beginning October 1, 2020.

(b)

A completed vacation rental registration form, and all other required forms and attachments, must be submitted as part of the registration with the third party vendor to assert and demonstrate compliance with the requirements of this Ordinance.

(1)

The registration form will be made available via online/electronic submission through the third party vendor and will include:

An acknowledgment to comply with existing Seminole County regulations of noise, solid waste, urban bear management, sexual offenders and sexual predators.

An active license number provided by the Florida Department of Business and Professional Regulation.

An active registration with the Florida Department of Revenue.

A local tourism tax account number provided by the Office of the County Tax Collector, or proof that a peer-to-peer platform entity through which the rental is booked will be remitting all such taxes associated with the vacation rental on the owner's behalf.

Proof of payment of local business taxes in compliance with Seminole County Code Chapter 45, Part 1, Local Business Taxes.

An acknowledgment to provide the "Transient Occupation Information" binder in all vacation rental units.

(2)

Other required forms and attachments include:

Acknowledgment to comply with Section 30.6.16.3(a) of the Seminole County Land Development Code regarding maximum occupants and guests authorized to occupy the vacation rental unit.

For a vacation rental with five (5) or more bedrooms, a survey, scaled sketch or photograph of the vacation rental property identifying the location(s) and dimensions of the required parking spaces assigned to and reserved specifically for the vacation rental on the same parcel as the rental, pursuant to Section 30.6.16.3(a)(5) of the Seminole County Land Development Code.

(c)

The registration in the third-party Vacation Rental Registry shall be valid for one year from the date of application approval or until any of the following circumstances occur:

(1)

A change in ownership of the vacation rental; or

(2)

A change to the sleeping rooms in the vacation rental.

(d)

The following changes/events must be submitted through the Responsible Party's Vacation rental registration account online via the County's third-party vendor but does not require an additional fee:

(1)

A notice of change of the Responsible Party (non-owner); and

(2)

A change to the parking spaces for a vacation rental.

(e)

Annual renewal of the vacation rental registration with Seminole County's third-party vendor shall be required. All or a portion of the County's proceeds from the registration fees, as determined by resolution of the Board of County Commissioners, may be allocated to an Affordable Housing Trust Fund.

30.6.16.3 Minimum vacation rental standards to be verified by self-certification through registration.

(a)

Minimum standards:

(1)

Maximum occupants and guests. The maximum amount of transient occupants authorized to stay overnight at any individual vacation rental shall be limited to two (2) persons per sleeping room. Additionally, a maximum of four (4) persons under the age of thirteen (13) shall also be authorized to stay overnight, not to be counted against the maximum occupancy. The maximum amount of persons allowed to visit as non-overnight guests of the transient occupants shall not exceed two (2) times the amount of maximum occupants authorized to stay overnight.

(2)

Local telephone service. At least one (1) telephone (landline or cellular) with the ability to contact Seminole County Emergency 911 Communications Center on a 24-hour, 7-day-a-week basis shall be provided in the main common area of the vacation rental and be clearly marked as the Emergency Communications Center contact telephone.

(3)

Fire extinguisher. At least one (1) fully charged, portable, multi-purpose, dry chemical ABC fire extinguisher shall be installed and maintained in a clearly marked location in a centrally located area near sleeping rooms on each floor of the vacation rental. Additionally, at least one (1) Class K fire extinguisher shall be installed and maintained in a clearly marked location in a centrally located area near the kitchen of the vacation rental.

(4)

Transient occupant information. A binder, book, or file folder clearly labeled "Transient Occupant Information" with the full address of the vacation rental must be located in a conspicuous area of the vacation rental, and must contain, at a minimum, all regulations with which transient occupants and their guests must comply, including:

Chapter 165 Noise, Seminole County Code of Ordinances;

Section 30.16.2 Noise, Seminole County Land Development Code;

Section 30.11.1 Off-street parking requirements, Dwelling Structures, Seminole County Land Development Code;

Section 30.6.16.3(a)(5) Parking Standards, Seminole County Land Development Code;

Chapter 228 Sexual offenders and sexual predators, Seminole County Code of Ordinances;

Chapter 235 Solid Waste, Seminole County Code of Ordinances;

Chapter 258 Urban Bear Management, Seminole County Code of Ordinances, with Map;

The 24-hour, 7-day-a-week telephone number of the Responsible Party;

A copy of the survey, scaled sketch, or picture depicting the location(s) of parking spaces reserved for the vacation rental with a statement that the transient occupant parking is limited to the area(s) identified on the graphic; and

The locations of all nearby hospitals, walk-in clinics, and free-standing emergency room(s).

(5)

Parking standards:

Per Section 30.11.3 of the Seminole County Land Development Code, the minimum required amount of parking spaces for a single-family dwelling, duplex halves, or multi-family dwelling is two (2). In addition to the minimum requirement of Section 30.11.3 of the Seminole County Land Development Code, for each sleeping room in excess of four (4), one (1) additional parking space must be provided.

All required parking spaces must comply with minimum net area, length, and width standards set forth in Section 30.11.3 of the Seminole County Land Development Code and may be provided in carports, garages, parking lots, or on paved driveways or a driveway with a stabilized surface that is not part of landscaping. Spaces shall not be provided, nor parking allowed, in any drainage swale, on a public sidewalk, in the street right-of-way where parking is not otherwise permitted, in a pedestrian way, bicycle path, or hiking trail.

(6)

Non-compliance inspections. In cases of reasonable indication of non-compliance with the above standards, Seminole County, through Code Enforcement, reserves the right to perform an inspection of the vacation rental to ensure compliance within the bounds of applicable law.

(b)

Posting of parking information and emergency information.

(1)

There shall be posted on the interior of the main egress door of the vacation rental, the following information:

For a vacation rental unit with five (5) or more bedrooms, a survey or scaled sketch showing the location(s) of all parking spaces assigned to the vacation rental, both on the property where the vacation rental is located, and any parking spaces that are located on a separate property pursuant to a signed, notarized agreement with the owner of that separate property, or within a shared parking lot or structure, pursuant to a letter from those responsible for the shared parking; and

(2)

There shall be posted on the interior of the main egress door and the inside of the doors of all sleeping rooms, a poster labeled "Emergency Information" in capital letters and BOLDFACE type, with the following emergency information:

The full street address for the vacation rental;

The location of the vacation rental's telephone to reach the Seminole County 911 Emergency Communications Center;

The 24-hour, 7-day-a-week telephone number of the Responsible Party; and

The location of the "Transient Occupant Information".

30.6.16.4 Violations procedure.

(a)

The response to a potential violation of Section 30.6.16.1, Section 30.6.16.2, or Section 30.6.16.3 of the Seminole County Land Development Code may, without limitation, be addressed by the provisions of Sections 53.14 and 53.24, regarding violations procedure, Seminole County Code of Ordinances.

(b)

Complaints of violations of these Sections are to be filed by affected members of the general public with the Code Enforcement Officer. Code violations can be reported to the Seminole County Sheriff's Office at (407) 665-6650 or online at https://www.seminolesheriff.org/forms/ReportCodeViolation.aspx.

(c)

The regulations of vacation rentals as set forth in Sections 30.6.16.1 through 30.6.16.3 of the Seminole County Land Development Code do not authorize persons to violate applicable restrictive covenants or homeowner association rules and regulations. The County does not police or enforce private restrictive covenants or homeowner association rules and regulations. Persons obtaining a Vacation Rental registration certificate under Sections 30.6.16.1 through 30.6.16.3 of this Code are solely responsible for compliance with all applicable restrictive covenants and homeowner association rules and regulations.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

Sec. 30.6.17. - Civic assembly uses.

30.6.17.1 Civic assembly uses are classified by size and intensity as follows:

(a)

Neighborhood Facility. A civic assembly use generally designed for and intended to serve the residents of one neighborhood or small (approximately one square mile) geographic area, which meets the following standards:

(1)

Maximum Lot Area: five (5) acres of developable land

(2)

Maximum Assembly: one hundred (100) seats or fewer in the largest assembly space

(b)

Community Facility. A civic assembly use generally designed for and intended to serve the residents of several neighborhoods within the same approximate geographic area. Community facilities are typically designed to accommodate a larger number of people for a wider geographic area than neighborhood facilities, but are more locally focused than regional facilities, and meet the following standards:

(1)

Maximum Lot Area: Ten (10) acres of developable land

(2)

Maximum Assembly: Five hundred (500) seats or fewer in the largest assembly space

(3)

Exceptions: An assembly facility proposed on more than ten (10) acres of developable land with fewer than five hundred (500) seats in the largest assembly space may be classified and approved as a community facility in residential zoning districts through the special exception process when the County Commission finds that the increased acreage of the development site will not have a detrimental effect on the residential character of the neighborhood and any negative impacts can be effectively mitigated.

(c)

Regional Facility. A civic assembly use generally designed for and intended to serve the residents of the entire county and nearby communities. Assembly facilities proposed to contain more than 500 seats in the largest assembly space shall be considered regional facilities.

(d)

Civic Assembly Uses in Mixed-Use, Retail, or Office Developments. Civic Assembly uses proposed to occupy one or more tenant or condominium spaces in an existing shopping center, mixed-use building, or office park are classified as Neighborhood, Community, or Regional Facilities by number of seats only. Minimum and maximum lot area requirements do not apply to these locations.

(e)

Civic Assembly Uses in Rural Locations: Maximum lot area requirements may be exceeded in rural zones subject to the requirement the developed area does not exceed the maximum, excluding areas for outdoor recreation.

30.6.17.2 Accessory Uses.

(a)

In addition to otherwise permitted uses, customary accessory structures and activities are permitted, which shall include:

(1)

One residence for an employee or caretaker.

(2)

Fellowship halls and food preparation areas.

(3)

Office space in support of the Assembly Use.

(4)

Classrooms, playgrounds, and childcare facilities for use in association with assemblies but not including daycare centers, community recreation facilities, and private primary, secondary, vocational, and/or collegiate educational facilities.

(b)

Other uses accessory to a Civic Assembly Use may be permitted where otherwise allowed within a given zoning district and subject to the conditions of the use within that district.

(c)

Uses accessory to a Civic Assembly Use may:

(1)

Share parking and circulation with the Civic Assembly Use where located on the same or contiguous properties and hours of operation permit.

(2)

The acreage of the Civic Assembly Use may be counted towards any minimum acreage requirement for the accessory use assuming all other standards of the accessory use are met.

30.6.17.3 Architectural Exceptions. Non-habitable, decorative architectural features may exceed the applicable zoning district's height limit by twenty (20) feet or fifty (50) percent of the maximum allowable height in the zoning district.

30.6.17.4 Alcohol Beverages. No Civic Assembly Uses may sell alcohol for on- or off-premise consumption unless approved by Board of County Commissioners as a Special Exception.

30.6.17.5 Limited Uses and Special Exceptions.

(a)

Where a limited use permit or special exception is required for a civic assembly use, the following review criteria shall be used to determine the appropriateness of the application:

(1)

Protects Residential Neighborhoods. Outdoor use areas, including vehicular use areas, must be located and designed to minimize potential negative impacts on residential zoning districts and residential uses in approved PDs, including but not limited to mitigation of light spill-over, glare, noise (from mechanical equipment, recreational facilities, outdoor classrooms, etc.), and any other negative impacts associated with the type of civic assembly use proposed. Assembly uses in residential zones may not apply for a permanent license to sell alcoholic beverages for on-premise consumption.

(2)

Traffic. Vehicular ingress, egress, and on-site circulation must be designed and constructed to ensure the least possible impact on neighboring properties and residential streets. Primary ingress and egress must be from the highest service level adjacent street, unless otherwise approved by the Planning and Zoning Commission and Board of County Commissioners. For community and regional assembly facilities, vehicular access to the facility must be from a collector of four lanes or more, or an arterial street. Parking areas must be designed and located to minimize conflict with pedestrian and bike pathways.

(3)

Noise Abatement. Civic Assembly uses often involve groups of people arriving and departing at one time (as is common with many assembly uses), outdoor gatherings, or sound amplification. Therefore, issues related to noise from gatherings, events, vehicles, and equipment must be addressed through conditions of approval for a special exception permit. Conditions including but not limited to the location of outdoor use areas on the property, limitations on hours or days of operation, and additional noise abatement strategies may be required.

(4)

Lighting. Lighting of outdoor areas must be cut-off or fully shielded to reduce glare and prevent light overspill into adjacent properties. Lighting for sports fields and outdoor recreation areas, where operational characteristics prevent the use of cut-off or fully shielded lights, must be turned off no later than 10:00 p.m. or be located such that the lights are not visible from a residential zoning district or residential uses in an approved PD.

(5)

One- and Two-Family Residential Zoning Districts. In order to protect the surrounding residential neighborhood from the encroachment or expansion of civic assembly uses, assembly facilities located in one- or two-family residential zoning districts must meet the following additional standards:

Desired Development Patterns. Assembly facilities located in residential zoning districts should function as compact, singular sites and all desired activities and required facilities (to include parking facilities, principal use buildings, and accessory use buildings) should be located on one development site consisting entirely of contiguous parcels of land, which may include property located directly across the street.

Non-contiguous Parcels. Where a parcel owned or leased by the civic assembly use is not contiguous to the parcel(s) containing the principal assembly building, the use of the non-contiguous parcel(s) is limited to the following uses: occasional overflow parking (maximum two (2) times per week and located within a five-minute walk defined as quarter (¼) mile of continuous sidewalk), passive recreation space, playgrounds, walking trails, outdoor classrooms or seating, or reflection or meditation space.

Acquisition of Land. If additional property is acquired for use by the assembly facility, an amendment to the special exception permit shall be required prior to any development on the property.

30.6.17.6 Conditions Specific to Zoning Districts:

R-AH: Must meet non-residential acreage requirements established within this zoning district.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

Sec. 30.6.18. - Solar facilities.

30.6.18.1 General Conditions:

(a)

Site plan approval is required for all ground-mounted or floating solar energy systems, except for ground-mounted solar as an accessory use.

(b)

All hazardous areas must be fenced and properly signed to notify the public of potential safety hazards.

(c)

Power and communication lines — Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried in a manner consistent with applicable code requirements. Exemptions may be granted by the Board of County Commissioners in instances where soil conditions, water courses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes burial infeasible, at the discretion of the Planning Manager. Points of interconnection may be above ground.

(d)

Reflectors — All solar energy systems using a reflector to enhance solar production shall control and minimize the glare from the reflector affecting adjacent or nearby properties.

(e)

Required open space and plantings must be maintained per the approved plans.

(f)

When required, fencing shall be a minimum of seven (7) feet in height. Where animal habitats are present, fencing shall have four (4) to six (6) inches openings near ground-level to allow for the passage of wildlife.

30.6.18.2 Additional Special Exception Criteria. Where permitted as a special exception, the application shall demonstrate that the property is of marginal value for other uses. Preferred sites include: airport safety zones (subject to glare studies) and brownfields.

30.6.18.3 Specific to Roof-Mounted Solar Energy Systems:

(a)

For a roof-mounted system installed on a sloped roof that faces the front yard of a lot, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of eighteen (18) inches between the roof and highest edge or surface of the system.

(b)

For a roof-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached.

(c)

Notwithstanding the height limitations of the zoning district: For a roof-mounted system installed on a flat roof, the highest point of the system shall be permitted to extend up to six (6) feet above the roof to which it is attached.

30.6.18.4 Specific to Building-Integrated Solar Energy Systems:

(a)

Building-integrated solar systems are subject to the zoning criteria for buildings within the applicable zoning district.

(b)

Building-integrated solar systems may be integrated into non-habitable structures such as shade-structures, public art, or carports subject to the criteria otherwise applicable to such structures.

30.6.18.5 Specific to Ground-Mounted Solar Energy System.

(a)

Maximum Height: Ground- or pole-mounted solar energy systems shall not exceed fifteen (15) feet in height when oriented at maximum tilt.

(b)

System Scale:

(1)

Accessory:

Definition: Occupy less than twenty (20) percent of the lot and the solar energy system is less than 40,000 square feet of land area.

For residential properties: A ground-mounted solar system must be located in the rear yard.

Must adhere to the applicable zoning district setbacks. Accessory structure setbacks may be used where applicable. Square footage of above ground elements of a ground-mounted solar system shall not count against area coverage maximums for accessory structures.

(2)

Medium: Solar energy systems with less than ten (10) impacted acres that do not meet the standards for accessory systems.

(3)

Large:

Solar energy systems resulting in more than ten (10) impacted acres.

Specific to Floating Solar Energy Systems:

(c)

Floating solar energy systems which occupy less than thirty (30) percent of a proposed stormwater facility and less than forty thousand (40,000) square feet may be considered an accessory use. All other floating solar energy facilities shall be a special exception. In no case shall a floating solar energy system exceed sixty (60) percent of the area of a stormwater facility.

30.6.18.6 Specific to parking lots. Solar systems designed to provide shade over required parking spaces or over walkways in parking lots of non-residential or multi-family uses:

(a)

Are considered accessory use and are not subject to limitations on size or lot coverage.

(b)

May extend to twenty (20) feet in height.

(c)

Parking spaces covered using solar canopies shall be exempt from tree requirements provided that:

(1)

Along each edge of the parking lot that abuts a public street or a property line, trees must be provided at intervals of not more than fifty (50) feet on center for canopy trees or thirty (30) feet on center for understory trees.

(2)

If parking is located between the public street and the main entrance of the building, a walkway must be provided which creates a direct connection between the public sidewalk and the main entrance.

(3)

Walkways must be shaded with either solar canopy structures, awnings, or trees.

(4)

Parking areas exceeding six (6) acres must be divided into blocks not exceeding four (4) acres separated by an internal drive or pedestrian path, which shall incorporate trees at intervals of not more than fifty (50) feet on center for canopy trees or thirty (30) feet on center for understory trees.

30.6.18.7 Landscape Requirements. Ground cover and buffer areas. The following provisions shall apply to the clearing of existing vegetation and establishment of vegetated ground cover for Medium and Large Ground Mounted Solar Energy Systems. Additional site-specific conditions may apply as required.

(a)

Large-scale removal of mature trees on the site is prohibited. Tree removal is subject to the requirements of the Chapter 60: Arbor and site plan requirements.

(b)

Ground-mounted solar facilities shall be a minimum distance of thirty (30) feet from canopy trees (as measured from tree center) in order to minimize maintenance costs. The applicant shall submit a vegetative management plan prepared by a qualified professional. The plan shall identify:

(1)

The natural resource professionals consulted or responsible for the plan.

(2)

The conservation, habitat, eco-system, or agricultural goals, which may include: providing habitat for pollinators such as bees and monarch butterflies, providing habitat for wildlife such as upland nesting birds and other wildlife, establishing vegetation for livestock grazing, reducing on-site soil erosion, and improving or protecting surface or ground-water quality.

(3)

The intended mix of vegetation upon establishment.

(4)

The management methods and schedules for how the vegetation will be managed on an annual basis, with particular attention given to the establishment period of approximately three years.

(c)

Perennial vegetation shall be planted and maintained for the full operational life of the project, to prevent erosion, manage runoff, and build soil.

(d)

Vegetative cover should include a mix of perennial grasses and wildflowers that will preferably result in a short stature with a diversity of or flowering plants that bloom throughout the growing season. Blooming shrubs may be used in buffer areas as appropriate for visual screening. Perennial vegetation (grasses and forbs) as listed on the Approved Plant Species List or Florida-Friendly Plant Guide for the Central Florida Region and appropriate USDA Plant Hardiness Zone, are preferably native to Florida, but where appropriate to the vegetative management plan goals, may also include other naturalized and non-invasive species which provide habitat for pollinators and wildlife and/or other eco-system services (i.e. clovers).

(e)

Plant material must not have been treated with systemic insecticides, particularly neonicotinoids.

(f)

The applicant shall submit a financial guarantee in the form of a letter of credit, cash deposit, or bond in favor of the Seminole County equal to one hundred twenty-five (125) percent of the costs to establish the vegetative management plan. The financial guarantee shall remain in effect until vegetation is sufficiently established.

30.6.18.8 Facilities and Notifications:

(a)

Foundations. A qualified engineer shall certify that the foundation and design of the solar panel racking and support is within accepted professional standards, including but not limited to wind loads, given local soil and climate conditions.

(b)

Approved Solar Components. Electric solar energy system components must have an Underwriters Laboratories (UL) or equivalent listing and solar hot water systems must have a Solar Rating and Certification Corporation (SRCC) rating.

(c)

Compliance with Building Code. All solar energy systems shall meet approval of local building code officials, consistent with the State of Florida Building Code, and solar thermal systems shall comply with HVAC-related requirements of the Florida Energy Code.

(d)

Utility Notification. All grid-intertie solar energy systems shall notify the relevant electric utility and comply with the interconnection requirements of the electric utility. Off-grid systems are exempt from this requirement.

(e)

Aviation Protection. Solar farms located within five hundred (500) feet of an airport or within the approach zones of an airport must notify the airport and may be subject to additional analysis. Evidence of notification and any required submittals shall be provided to the County.

30.6.18.9 Decommissioning:

(a)

A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life for the following systems:

(1)

Any medium or large solar energy system.

(2)

Any floating solar energy system.

(b)

The decommissioning plan must meet the following requirements:

(1)

Decommissioning of the system must occur in the event the project is not in use for twelve (12) consecutive months.

(2)

The plan shall include provisions for removal of all structures and foundations, disposal, restoration of soil and vegetation, and assurances that financial resources will be available to fully decommission the site.

(3)

Seminole County may require the posting of a bond, letter of credit, or establishing an escrow account to ensure proper decommissioning.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

Sec. 30.6.19. - Backyard chicken program.

30.6.19.1 Intent, definitions, applicability.

(a)

The intent of this Section is to create and implement a Backyard Chicken Program to permit the keeping of chickens on occupied single-family lots located in the unincorporated areas of the County, subject to the terms and conditions of this Section.

(b)

For the purposes of this Section, the term "chicken" refers to female chickens (hens) only.

(c)

This Section does not authorize persons to violate applicable restrictive covenants or homeowners' association rules and regulations. The County does not police or enforce private restrictive covenants or homeowners' association rules and regulations. Persons keeping backyard chickens are solely responsible for compliance with all applicable restrictive covenants and homeowners' association rules and regulations.

(d)

The term "predators" includes, but is not limited to, bears, raccoons, coyotes, bobcats, and foxes.

(e)

The term "subject property" is the occupied single-family residential lot with backyard chickens.

(f)

The Backyard Chicken Program is not applicable to or required for a single-family residential lot on which poultry production is a permitted use.

30.6.19.2 General conditions for the keeping of chickens on occupied single-family residential lots.

(a)

Persons keeping backyard chickens pursuant to this Section are encouraged to successfully complete a University of Florida Agricultural Extension Service (UF IFAS) class or an equivalent class approved by the Seminole County UF IFAS Extension on the care and raising of chickens.

(b)

Persons keeping backyard chickens pursuant to this Section (a) agree to the terms and conditions of this Section, and (b) upon a code enforcement complaint, grant the County and its officers, employees, and agents a right-of-entry upon the subject property (including the rear yard) for inspection purposes to ensure compliance with this Section.

(c)

Up to six (6) backyard chickens may be kept on an occupied single-family residential lot. Chickens shall not be kept on duplex, triplex, or multi-family properties, or within mobile home/manufactured home parks.

(d)

Backyard chickens must be kept within a coop or enclosure and may not be released or set free to roam unless under the direct supervision of their owner in compliance with this Section. Such supervised roaming must be confined to the backyard of the subject property.

(e)

Ducks, geese, turkeys, peafowl, male chickens/roosters, or any other poultry or fowl are not allowed under the provisions of this Section.

(f)

Backyard chickens must be kept for personal use only. Selling chickens, eggs, feathers, or chicken manure, or the breeding of chickens for commercial purposes is prohibited.

(g)

Backyard chickens may not be bred or slaughtered on-premises. Backyard chickens shall not be used, or trained for the purpose of fighting for amusement, sport or financial gain.

(h)

The coop and enclosure must be screened from the neighboring property. Screening must be accomplished using an opaque fence and/or landscape screen (existing vegetation may be used if sufficient enough to create an opaque screen).

(i)

All applicable building permits must be obtained prior to constructing fences and enclosures to house chickens.

(j)

Unless otherwise in conflict with Florida Statutes, a dog or cat that injures or kills a chicken that wanders onto the property at which the dog or cat resides will not, for that reason alone, be considered a dangerous or aggressive animal.

(k)

Deceased chickens must be properly disposed of within twenty-four (24) hours of expiring and in accordance with Florida law. Contact a University of Florida Agricultural Extension Service office for requirements regarding proper disposal methods.

(l)

No manure may be allowed to accumulate on the floor of the coop or ground. Persons keeping backyard chickens must implement a manure management program, whereby the coop and enclosure are cleaned regularly. For example, a fly-tight bin for storage of manure could be utilized; the size of which must be sufficient to contain all accumulations of manure. A manure box inside the coop is recommended. The fly-tight bin must be kept at least twenty (20) feet away from all property lines. Composting of chicken manure may be allowed in the enclosed fly-tight bin. No perceptible odor shall emanate from the manure storage/composting bin.

30.6.19.3 Location and requirements for chicken coops and enclosures.

(a)

Chicken coops and fenced enclosures must be in the rear/back yard (behind the home). No coop or enclosure is allowed in any front or side yard. Yard, as used in this provision, references location, not building setback area.

(b)

The coop and enclosure must be a minimum of ten (10) feet from the rear and side property lines and twenty (20) feet from any neighboring residential homes. On corner lots, coops and enclosures must meet the required side street setback per the subject property's applicable zoning district.

(c)

If the coop structure exceeds one hundred (100) square feet in size (ten-foot by ten-foot), a building permit is required under the Florida Building Code.

(d)

The coop must be covered and ventilated, and a fenced enclosure/run is required. The coop and enclosure must be completely secured from predators, including all openings, ventilation holes, doors, and gates. Fencing or roofing is required over the enclosure in addition to the coop, to protect the chickens from predators. The coop must also be tied down for wind resistance.

(e)

For properties located in a Seminole County Urban Bear Management Area, feed, coops, and runs must be secured, and chickens must be protected from bears in accordance with the Florida Fish and Wildlife Conservation Commission guidelines for "Living with Florida Black Bears". All outdoor attractants must be secured. If electric fencing is utilized, it may only be installed around the coop, pen, and run and not along the property lines or anywhere else on the property.

(f)

All stored feed must be kept in a rodent and predator-proof container or inside a secured structure.

(g)

The coop must provide a minimum of three (3) square feet per chicken; a minimum of five (5) square feet of run per chicken, and be of sufficient size to permit free movement of the chickens. The coop may not be taller than twelve (12) feet, measured from the natural grade, and must be easily accessible for cleaning and maintenance. Coops may not exceed a maximum of one hundred seventy (170) square feet.

30.6.19.4 Health, sanitation and nuisance as applied to the keeping of chickens.

(a)

Backyard chickens must be kept within a coop and enclosure and may not be allowed to roam outside the subject property. Backyard chickens may not be released or set free from such coop or enclosure unless the chickens are under the direct supervision of their owner. Chickens may be allowed to roam outside the coop and run within their owner's backyard under the immediate supervision of their owners for limited periods of time for purposes of socializing, interaction and cleaning of the coop and run.

(b)

Chicken coops and enclosures must always be maintained in a clean and sanitary condition. Activities subject to this Section must be conducted in a manner that does not create any nuisance consisting of odor, noise, or pests, or contribute to any other nuisance condition. No perceptible odor shall be objectionable to neighboring properties emanating from the chickens or the enclosure.

(c)

In a public health emergency declared by the Seminole County Health Department, including, but not limited to, an outbreak of Avian Flu or West Nile virus, immediate corrective action may be required in accordance with applicable public health regulations and procedures. Persons keeping backyard chickens must be incompliance with such required corrective action.

30.6.19.5 Violations.

(a)

In the event that a violation of this Section occurs, the County has the right to undertake one (1) or more of the following remedies or actions:

(1)

Institute code enforcement proceedings and prosecute code violations against the violator and the property owner of the real property where the violation occurs;

(2)

Issue a civil citation as a Class III violation to the violator for each violation in accordance with Section 53.32 of the Seminole County Code of Ordinance Sections; and/or

(3)

Take any other action or remedy authorized by law or in equity, including, but not limited to, instituting an action in court to enjoin violating actions, in which case the violating person shall be liable to the County for reimbursement of the County's attorneys' fees and costs concerning such action.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

Seminole County Unincorporated
City Zoning Code

PART 6

- ADDITIONAL USE STANDARDS

Sec. 30.6.1.- Accessory buildings and uses.

30.6.1.1 Accessory uses in office and multiple-family residential uses.

(a)

Accessory uses, when permitted, are intended to complement any permitted uses.

(b)

(c)

Location. Accessory uses shall be included as tenants within a principal office building and shall not be permitted to occupy separate buildings.

(d)

Floor area permitted. Accessory uses shall not occupy more than twenty (20) percent of the floor area of any building.

(e)

Other restrictions. No display of advertising signs or merchandise which is visible from outside the building or an individual outside entrance shall be permitted for any accessory use.

(e)

Accessory uses as described above are permitted in the following zones:

(1)

OP Office District

(2)

R-3A, R-3, and R-4 Multiple-Family Dwelling Districts

(f)

The determination of whether a use is accessory shall be made by the Development Services Director based on the intended use, size, and transportation impacts.

30.6.1.2. Accessory buildings and uses in residential areas.

(a)

When an accessory building is attached to a main building by a breezeway, passage, or otherwise, it shall comply with dimensional requirements of the main building.

(b)

In no event shall an accessory building, boat dock, or structure be established prior to the principal use to which it is accessory.

(c)

(d)

(e)

(f)

30.6.1.3 Accessory Dwelling Units.

(a)

Accessory Dwelling Units Generally.

(1)

(2)

(3)

(4)

(5)

(6)

The Board of Adjustment shall not consider variances related to ADU size, or minimum area and width of any lot where an ADU is proposed.

(7)

(8)

Impact Fees.

(b)

Accessory Dwelling Units in A-3, A-5, and A-10.

(1)

ADUs in A-3, A-5, and A-10 shall be permitted by right subject to the following requirements:

No more than one (1) accessory dwelling unit shall be permitted on any parcel or lot;

A manufactured home, as defined in Section 2.3, may be permitted as an ADU on property where the principal structure is also a manufactured home.

ii.

(c)

Accessory Dwelling Units in Other Districts.

(1)

(2)

An ADU shall be architecturally compatible with the principal dwelling unit and subject to the same building code requirements. The following criteria shall be met, as applicable:

Building elevations shall be provided for review prior to issuance of permits.

(3)

Impervious coverage for any lot or parcel wherein an ADU is constructed shall not exceed the following limits:

Zoning District	Maximum Impervious Coverage*
RC-1, A-1	30%
R-1BB	65%
R-1B	60%
R-1	50%
R-1A	40%
R-1AA	40%
R-1AAA	40%
R-1AAAA	30%
PD	**
The per-lot impervious coverage provided for by the approved Master Stormwater Management System Design (excludes Planned Developments). *The per-lot impervious coverage provided for by the approved Master Stormwater Management System Design for the Planned Development.