A.

Application and hearing procedure.

1.

Written application: Written application for a special exception shall be made to the community development department using the application form provided by the city. The application should normally be filed at least 30 days prior to the planning advisory board's public hearing date; however, if circumstances warrant a shorter lead time, the CDD may allow a shorter period. In addition to the information required on the form, the applicant shall provide the following:

a.

A conceptual site plan showing buildings, parking and access locations, utility service points, proposed screening or buffering, and any other details relevant to the specific requested use or site.

b.

A written statement specifically addressing any general and special requirement for the specific use. Application shall be accompanied by the administrative fee for special exception as established by the city council.

2.

Planning advisory board. The PAB shall review the application for special exception based on the requirements and criteria of this article and shall recommend either approval, approval with conditions, or denial to the city council.

3.

City council action. Upon receipt of the planning advisory board's recommendation, the city council shall either approve, approve with conditions, or deny the application.

B.

General requirements and conditions.

1.

Conditions and safeguards: In granting any special exception, the planning advisory board (PAB) may recommend, and the city council may prescribe, appropriate conditions and safeguards to assure compliance with the requirements of this section and the Code in general. Such conditions may include time limits for the initiation of the Special Exception use, specific minimum or maximum limits to regular zoning requirements, or any other conditions reasonably related to the requirements and criteria of this section.

2.

Review criteria and requirements: When reviewing an application for special exception, the planning advisory board (PAB) and city council shall consider the following requirements and criteria:

a.

Traffic generated and its access and flow to the proposed use shall not adversely impact adjoining properties and the general public safety.

b.

Off-street parking, loading, and service areas shall be provided and located such that there is no additional impact on adjoining properties, beyond that generally experienced in the district.

c.

Required yards, screening, or buffering, and landscaping shall be consistent with the district in general and specific needs of the abutting land uses.

d.

Architectural and signage treatments shall be sensitive to surrounding land uses.

e.

Utility service levels to the surrounding area shall not be reduced below design standards.

f.

Size, location, or number of special exception uses in an area shall be limited so as to maintain the overall character of the district as intended in this Code.

3.

Transfer or abandonment of special exceptions: The ownership of a special exception use may not be transferred to another party without a new public hearing under the provisions herein.

A special exception use that is not initiated within 90 days of being granted shall not be established without a new public hearing under the provisions herein.

A special exception use that is abandoned for a period in excess of 90 days shall not be re-established without a new public hearing under the provisions herein.

C.

Special requirements and conditions for special exception uses: For those special exceptions listed below, the following special requirements shall apply in addition to those of section 5.7.B.2.

1.

Adult book or video stores: A special exception may be granted under the following conditions:

a.

Proposed location must be at least 2,500 feet from a residential zone measured along right-of-way centerlines.

b.

Proposed location must be at least 4,000 feet from any other such use.

c.

The use shall be buffered based on an intensity factor of eight.

2.

Automotive parts service and installation: A special exception may be granted to allow a service and installation of automotive parts under the following conditions:

a.

All work is conducted in a fully enclosed building.

b.

The site has a minimum lot area of 10,000 square feet.

c.

The site is a corner location or adjacent to an automotive use.

3.

Automotive sales and service: A special exception may be granted under the following conditions:

a.

The site has a minimum lot area of one acre.

b.

The site is located on an arterial road at an intersection or adjacent to a legally established automotive use clustered at an intersection.

c.

Any vehicle sales operation is for new cars with used cars as incidental.

d.

All repair and service operations shall be conducted in a completely enclosed building.

e.

The requirements of buffering and landscaping are met.

4.

Boat sales with outdoor display: A special exception may be granted under the following conditions:

a.

The site has a minimum lot area of 15,000 square feet.

b.

The site is located on an arterial road.

c.

All repair and service operations shall be conducted in a completely enclosed building.

d.

The requirements of buffering and landscaping are met.

5.

Bars, lounges and night clubs: A special exception may be granted under the following conditions:

a.

The lot containing the proposed use conforms to all alcoholic beverage requirements of the City Code.

b.

The proposed site does not directly abut a residential zone unless special buffering based on an intensity factor of six and functional separation is provided.

c.

The proposed site is on an arterial road.

6.

Convenience store with gas sales: A special exception may be granted under the following conditions:

a.

The site has a minimum lot size of one acre.

b.

The site is located on an arterial road at a corner lot or adjacent to another legally established automotive use clustered at an intersection.

c.

The principal building shall be located 50 feet from any right-of-way.

d.

Pump islands and canopies shall be located a minimum of 15 feet from any right-of-way.

e.

All storage tanks shall be underground and set back a minimum of 50 feet from any right-of-way line.

f.

The site must be located at a signalized intersection when locating on U.S. 1.

g.

The site shall not be located adjacent to Single-Family Residential zones when locating on U.S. 1, which includes being separated by a public right-of-way, unless the public right-of-way is an arterial roadway.

7.

Shopping centers: A special exception may be granted under the following conditions:

a.

The site shall have a minimum area of five acres.

b.

All buildings shall be set back a minimum of 25 feet from all property lines. No parking shall be allowed in these setback areas, and all setbacks shall be landscaped according to the provisions of the city's landscape ordinance.

8.

Mobile home sales: A special exception may be granted under the following conditions:

a.

The site shall be located on a principal arterial road.

b.

The site shall have a minimum size of one acre and a minimum frontage of 250 feet.

c.

The maximum number of mobile homes on the sales lot shall not exceed 20 per acre.

d.

No mobile home shall be placed within 50 feet of a public right-of-way or within 15 feet of any other property line.

e.

Bufferyards shall be provided based on an intensity factor of seven.

f.

Off-street parking shall be provided based on 0.5 spaces per mobile home for the maximum number of mobile homes that can be displayed on the lot.

9.

Hotels and motels: A special exception may be granted under the following conditions:

a.

The site shall have a minimum lot size of one acre.

b.

The number of hotel or motel units shall not exceed 25 units per acre.

c.

Bufferyards shall be provided based on an intensity factor of six.

10.

"U-Haul" type trailer rental agency: A special exception may be granted under the following conditions:

a.

The site shall be located on a principal arterial in a business general commercial zone. If existing, the site must be sized properly for the number of rental units.

b.

If new, the site shall have a minimum size of one acre.

c.

The principal building shall be located at least 50 feet from any right-of-way line.

d.

Bufferyards shall be provided based on an intensity factor of five.

11.

Laboratories, scientific and industrial: A special exception may be granted under the following conditions:

a.

The use must not utilize, store, or produce any hazardous material.

b.

The use must be compatible with adjoining land uses.

c.

The use must be approved by the city manager after receiving a recommendation from the community development director (CDD) and comments from the development review committee (DRC).

12.

Operations which are in the business of providing locations for outside storage, parking, or rental of semi-trailer trucks, other trucks, or trailers: A special exception may be granted under the following conditions:

a.

The site must be in a Light Industrial (LI) or Business Heavy Commercial (BHC) zone.

b.

The area for storage/parking must not exceed three acres in size.

c.

The site must be served by a Nova Road access.

d.

The site cannot be a corner lot at an intersection with Nova Road.

e.

If the site is located such that the named vehicles or equipment stored or parked are readily visible from Nova Road, for purposes of buffering, appearance and security special measures must be taken. Special measures to be considered, either singly or in combination, include: fences or walls, heavy perimeter landscaping, planting of trees, and landscaping and trees on the "out"-side of perimeter fencing or walls. Perimeter fences or walls must be set back from the street right-of-way a distance of at least 15 feet. Considerable discretion may be exercised by the city council in determining the exact nature of the buffering program for a specific site. The city council shall consider the recommendations of the community development director (staff/CDD) and the PAB when deciding upon any buffering program.

f.

Any repair and service operations shall be conducted in a completely enclosed building.

13.

Operations which are in the business of providing locations for outside storage, parking, or rental of operational RV's or boats: A special exception may be granted under the following conditions:

a.

The site must be in a Light Industrial (LI) or Business Heavy Commercial (BHC) zone.

b.

The area for storage/parking must not exceed three acres in size.

c.

The site must be served by a Nova Road access.

d.

The site cannot be at a corner lot at the intersection of Nova Road with any arterial or collector roadway.

e.

If the site is located such that the named vehicles or equipment stored or parked are readily visible from South Nova Road, for purposes of buffering, appearance and security special measures shall be taken. Special measures to be considered include: masonry walls, heavy perimeter landscaping, planting of trees, and landscaping and trees on the "out"-side of perimeter fencing or walls. Perimeter walls must be set back from the street right-of-way a distance of at least 15 feet. Considerable discretion may be exercised by the city council in determining the exact nature of the buffering program for a specific site. The city council shall consider the recommendations of the community development director (staff/CDD) and the PAB when deciding upon any buffering program.

f.

Any repair and service operations shall be conducted in a completely enclosed building.

14.

Motorcycle sales and service: A special exception may be granted under the following conditions:

a.

The site shall have a minimum lot area of one-half acre.

b.

The site shall be located on the frontage of an arterial roadway.

c.

Only one such business shall be allowed on Ridgewood Avenue between Beville Road and Big Tree Road.

d.

No such business shall be allowed on Ridgewood Avenue between Big Tree Road and Ridge Boulevard.

e.

Only one such business shall be allowed on Ridgewood Avenue between Ridge Boulevard and Reed Canal Road.

f.

Only one such business shall be allowed on Ridgewood Avenue between Reed Canal Road and the south city limits.

g.

Except for the Ridgewood Avenue/Beville Road intersection, no such business shall be allowed along Beville Road.

h.

Only one such business shall be allowed on Nova Road between Beville Road and the south city limits.

i.

Any motorcycle sales operation shall be principally for new motorcycles, with sales of used ones, if any, as incidental.

j.

All repair and service operations shall be conducted in a completely enclosed building.

k.

The same requirements of buffering and landscaping as for automotive uses shall be met.

15.

Amusement centers: A special exception may only be granted under the following conditions:

a.

The building or site must be located in the Business General Commercial zoning district.

b.

The building or site must be located at least 1,000 feet away from any school.

c.

No two amusement centers shall be located closer than 400 feet from one another.

d.

The building or site shall be screened to minimize noise and glare impacts to neighboring residential uses.

e.

Off-street parking shall be provided at the ratio of one space/100 square feet of building space used for the operation of the amusement center.

f.

The maximum number of amusement games or machines in any amusement center, including any accessory buildings or structures used for storage or sales, shall be limited to ten. A complete list and description of all amusement games or machines to be installed in the amusement center must be provided with the special exception application.

g.

No amusement game or machine may be located closer than ten feet from the doorway entrance of the building or structure where it is located.

h.

Specific hours of operation may be established if the operation of the amusement center adversely impacts nearby residential uses.

i.

The use of amusement games or machines must be secondary to a principal use for a bowling center, skating center, restaurant, bar, miniature golf, batting cage, or go-kart racing.

j.

Amusement games or machines, upon activation and game play, may not deliver, entitle, or enable a person playing or operating the amusement game or machine to receive cash, billets, tickets, tokens, points, coupons, merchandise, or any other thing of value, including electronic credits to be exchanged for cash, regardless of whether such things are delivered or paid automatically from the machine or manually; provided however, that amusement games and machines may entitle or enable a person to replay the game without the insertion or use of any additional currency, coin, card, coupon, slug, token, or similar device, only if:

1.

The amusement game or machine can accumulate and react to no more than 15 such replays;

2.

The amusement game or machine can be discharged of accumulated replays only by reactivating the game or device for one additional play for each accumulated replay;

3.

The amusement game or machine cannot make a permanent record, directly or indirectly, of any free replay;

4.

The amusement game or machine does not entitle the player to receive anything of value other than a free replay;

5.

An unused free replay may not be exchanged for anything of value, including merchandise or a coupon or a point that may be redeemed for merchandise; and

6.

The amusement game or machine does not contain any device that awards a credit and contains a circuit, meter, or switch capable of removing and recording the removal of a credit if the award of a credit is dependent upon chance.

16.

Car wash: A special exception may be granted under the following conditions:

a.

No car wash may be constructed on property with frontage on South Ridgewood Avenue.

b.

Automatic car washes proposed as accessory uses to principal uses, such as a service-station, shall be considered as automatic car washes and meet the same special exception criteria.

c.

Automatic car washes shall provide vehicle reservoir areas of eight spaces on the approach to each wash line and three spaces between the end of the wash line and the street right-of-way.

d.

Self-serve car washes shall provide three spaces on the approach to each wash bay and one space between the end of the wash bay and the street right-of-way.

e.

Automobile detailing is to be done in an enclosed bay.

f.

All car wash facilities shall have a disposal facility including sludge and grit removal, and automatic car washes shall use recycling technology for the wash water.

g.

A six-foot-high solid screening wall shall be required where the car wash abuts a residential zoning district.

h.

All of the area of the site to be used for car care service and all ingress and egress areas shall be paved.

i.

The building shall meet any applicable design criteria and landscape standards. A car wash shall be considered a vehicular use area for the application of landscape standards.

17.

Substance abuse clinic: A substance abuse clinic shall be defined as a facility established to aid persons involved with excessive or illegal use of drugs, narcotics or other hallucinatory substances, including alcohol, which have created dependency on such substances. This term includes but is not limited to methadone maintenance facilities, outpatient facilities, day care centers (provides counseling, therapy, and referral service to drug-dependent persons on a daily basis), hotline facilities, and educational facilities. A special exception may be granted under the following conditions:

a.

The site must be located in a light industrial (LI) zoning district.

b.

Prohibited within the community redevelopment area (CRA).

c.

No substance abuse center shall be located within 300 feet as measured in a straight line from the nearest property line edge to the closest point of a property line of any child care centers, public/private schools, public recreation areas, churches, residentially zoned property, or commercial establishments licensed to dispense alcoholic beverages.

d.

The use shall be compatible with uses in the area, shall not be of such departure to other uses in the area as to cause injury to the neighborhood, reduce property values, adversely affect the image of the area, alter the character of the neighborhood or reduce security to the neighborhood.

e.

Facilities housing or treating patients shall be limited to nonviolent patients who are not suffering from any other characteristics or disorders which would render them dangerous to themselves or others.

f.

Facilities housing resident clients shall not exceed the maximum number of ten patients.

g.

Access shall be sufficient to allow proper ingress and egress of emergency service vehicles. Access plans shall be approved by the community development director.

h.

The use shall be buffered based on an intensity value of six.

i.

The use shall not be located within 1,000 feet of another such use.

j.

In the event of an increase in criminal activity in the area or criminal activity on the site, the city retains the right at any time to add as a condition of the special exception, the requirement for a sworn police officer to be present in the parking lot during hours of operation of the clinic. If the facility houses patients, the requirement may be extend to 24-hours-a-day.

18.

Antique dealers: A special exception may be granted under the following conditions:

a.

The site is located in the community redevelopment area overlay district.

b.

The antique dealer inventory must consist of a minimum of 50 percent of items that are considered antiques as defined in Article II, Section 2.2, of the Land Development Regulations.

c.

The antique dealer inventory may consist of up to 50 percent of items considered decorative objects of art. These are arts concerned with the design and decoration of objects that are utilitarian rather than purely aesthetic, including ceramics, glassware, basketry, jewelry, metalwork, rugs, and textiles.

d.

The business shall meet the "South Ridgewood Avenue Corridor Design Guidelines" establish standards for parking areas, pedestrian circulations, site lighting, signage, landscaping, building design and color scheme, the placement of buildings and accessory structures on a site.

19.

Animal grooming and animal day care:

1.

General and hours of operation:

a.

Pick up and drop off of animals is restricted to 7:00 a.m. through 7:00 p.m.

b.

Pets may be groomed, trained, exercised, socialized, and boarded overnight, but not bred and sold.

c.

No more than four dogs shall be permitted outside at one time.

d.

Animals shall be accompanied by a facility employee at all times when outside of the building.

e.

All walking and exercising of the animals must take place on facility grounds in an enclosed area.

2.

Noise mitigation/environmental mitigation:

a.

Building will be designed and constructed to mitigate noise and odors to limit negative impacts on adjacent properties.

b.

Additional noise mitigation will be required for existing buildings not originally built for animal grooming and/or daycare.

c.

Where facility is adjacent to a residential zone, additional noise mitigation must be utilized and no exterior yards may abut a residential zone.

3.

Outdoor yard:

a.

Outdoor area are restricted for use between 7:00 a.m. and 7:00 p.m.

b.

Exterior yard shall be located and designed to create no conditional objectionable to adjacent properties resulting from animal noise, odor and/or waste.

c.

Exterior yard will be fenced off for the safe confinement of the animals.

d.

The perimeter of all outdoor areas shall be fully screened from all directions with a fence six feet in height and landscaping where deemed necessary.

e.

All fence material must meet City Code Section 5.6 and the South Ridgewood Avenue Design Guidelines for the Community Redevelopment Area.

20.

Sign manufacturing:

1.

General and hours of operation:

a.

Sign manufacturing activity shall be restricted to 7:00 a.m. through 7:00 p.m.

2.

Retail uses:

a.

Street frontage will be dedicated only to retail uses within the structure.

b.

A minimum of 20 percent of the main structure shall be utilized for retail use.

3.

Noise mitigation/environmental mitigation:

a.

Building will be designed and constructed to mitigate noise impacts on adjacent properties. Noise mitigation may include:

i.

Sound insulation of buildings for walls, windows, doors, opening, ventilations, etc.

ii.

Screens and enclosures.

iii.

Silencers, attenuators, or mufflers in connection with rotating machinery and ducts/pipes leading to and from building.

iv.

Limiting hours of noise-producing operations.

b.

Building will be designed and constructed to mitigate odors to limit negative impacts on adjacent properties. If odors are not controlled by the building design odor mitigation shall include:

i.

Air filtration systems.

ii.

Forced ventilation systems.

4.

Outdoor storage: All materials and installation/mobile equipment shall be fully screened from all directions and stored behind a fence six feet in height and landscaping where deemed necessary.

5.

Outdoor yard:

a.

The perimeter of all outdoor areas shall be fully screened from all directions with a fence six feet in height and landscaping where deemed necessary.

b.

All fence material must meet City Code 5.6 and the South Ridgewood Avenue design guidelines for the community redevelopment area.

6.

Manufacturing indoors only: All manufacturing and assembly activity shall occur within a fully enclosed structure.

D.

Special requirements and conditions for certain special exception uses in light industrial and business heavy commercial zones. For those special exceptions listed below, the following special requirements and conditions shall apply in addition to the requirements of Section 5.7 A. and B.

1.

Service station (includes convenience store or small grocery store with fuel pumps): A special exception may be granted under the following conditions:

a.

The site must be on a corner lot.

b.

The site must abut an arterial roadway on at least one side.

c.

The site must be a minimum size of one acre, except as otherwise approved by the city council.

d.

All automotive repair work, if any, must be conducted in a completely enclosed building.

e.

The principal building must not be closer than 50 feet from any right-of-way. Canopies are not considered part of the principal building even though connected thereto.

f.

Pump islands and canopies must not be closer than 15 feet from any right-of-way.

g.

All storage tanks must be underground and set back at least 50 feet from any right-of-way.

h.

All freestanding signs must be ground signs set in landscaping, with no more than one such sign per separate street frontage.

i.

The total amount of impervious surface on the site must not exceed 70 percent, except as otherwise approved by the city council.

j.

The site must be significantly landscaped, including bushes, trees, etc. and there must be perimeter landscaping.

2.

Convenience store or small grocery store without fuel pumps: A special exception may be granted under the following conditions:

a.

The site must be on a corner lot.

b.

The site must abut an arterial roadway on at least one side.

c.

The site must be a minimum size of 20,000 square feet, except as otherwise approved by the city council.

d.

The principal building must not be closer than 50 feet from any right-of-way.

e.

All freestanding signs must be ground signs set in landscaping, with no more than one such sign per separate street frontage.

f.

The total amount of impervious surface on the site must not exceed 70 percent, except as otherwise approved by the city council.

g.

The site must be significantly landscaped, including bushes, trees, etc. and there must be perimeter landscaping.

3.

Large grocery store or shopping center: A special exception may be granted under the following conditions:

a.

The site must be on a corner lot.

b.

The site must abut an arterial roadway on at least one side.

c.

Site must be a minimum size of three acres, except as otherwise approved by city council.

d.

Principal buildings must not be closer than 50 feet from any right-of-way.

e.

All buildings must be set back at least 25 feet from any property line.

f.

All freestanding signs must be ground signs set in landscaping, with no more than one such sign per separate street frontage.

g.

The total amount of impervious surface on the site must not exceed 70 percent, except as otherwise approved by the city council.

h.

The site must be significantly landscaped, including bushes, trees, etc., and there must be perimeter landscaping.

4.

Restaurant: A special exception may be granted under the following conditions:

a.

The site must be on a corner lot.

b.

The site must abut an arterial roadway on at least one side.

c.

The site must be a minimum size of one acre, except as otherwise approved by the city council.

d.

The principal building must not be closer than 50 feet from any right-of-way.

e.

All freestanding signs must be ground signs set in landscaping, with no more than one such sign per separate street frontage.

f.

The total amount of impervious surface on the site must not exceed 70 percent, except as otherwise approved by the city council.

g.

The site must be significantly landscaped, including bushes, trees, etc. and there must be perimeter landscaping.

(5)

Recreational vehicle (RV) parks:

(a)

Size/space requirements.

(1)

The proposed project shall be no less than 8.0 acres in area.

(2)

The minimum recreational vehicle space dimensions are an average width of 30 feet and a depth of 50 feet totaling 1,500 square feet.

(3)

Pull-through spaces shall comprise a minimum of ten percent of the total recreational vehicle spaces.

(b)

Circulation/roads.

(1)

Traffic circulation shall be designed to encourage smooth traffic flow and to minimize hazards to vehicular or pedestrian traffic.

(2)

Entry roads. Two-way access shall be provided for roads that access RV parks.

(3)

Internal roads. RV parks shall be serviced by at least one interior road of continuous two-way circulation.

(4)

Road width shall be 24 feet in clear width for ingress and egress and 12 feet in clear width shall be provided for one-way traffic, provided the one-way road originates from and terminates in a two-way road.

(c)

Landscaping and buffering.

(1)

All pervious surfaces shall be densely planted with tall trees and shrubs adequate to provide an attractive perimeter landscape treatment and irrigated per an approved landscape plan.

(2)

All recreational vehicle spaces shall be located a minimum of 30 feet from all public rights-of-way and property lines. RV parks adjoining single-family or multi-family zoning districts shall be screened with a six-foot high decorative masonry wall located within the setback.

(d)

Lighting/utilities.

(1)

All roads, walkways and parking areas shall be provided with lighting adequate to ensure the safety of vehicular and pedestrian traffic; and all lighting shall be arranged so that it is not directed toward neighboring properties.

(2)

Utilities, such as electricity and telephone lines, shall be installed underground.

(e)

Facilities. The following facilities shall be provided with full power, and connected to existing city systems where required by city ordinance:

(1)

An adequate, safe and potable water supply shall be provided adjacent to each recreational vehicle space per city code.

(2)

Each site set aside for use by an individual recreational vehicle, shall be sufficiently sized to accommodate at least one automobile in addition to the recreational vehicle.

(3)

Off-street parking shall be provided on-site, at the ratio of one parking space per each ten recreational vehicle sites. A portion of the required off street parking shall be provided at the recreation area and manager's office. The parking space required under paragraph (e)(2) above may not be counted toward meeting the off-street parking requirement. All off-street parking provided shall be surfaced as required by this Code.

(4)

Containers for trash storage and garbage disposal of a type and quantity approved by the city shall be provided. They shall be concealed from the street through fencing or landscaping or combination thereof as the city may approve, and shall be located on-site as to be easily accessible to the RV park guests and invitees.

(5)

A sanitary sewer connection shall be provided adjacent a minimum of 50% of the recreational vehicle spaces.

(6)

A sanitary sewer dumping station shall be provided in an easily accessible location in the park.

(f)

Permanent structures. No permanent structures shall be allowed within a RV park, except as provided below. All permitted buildings, and all signage, shall follow a uniform architectural theme of styles and colors to maintain consistency with the overall development pattern, and buildings shall be designed and constructed with consideration to a high quality of craftsmanship.

(1)

A caretaker's/manager's building shall be required. This building shall house the caretaker responsible for the management of the recreational vehicle park and keeping the grounds, facilities and equipment in a clean, orderly and sanitary condition. A caretaker shall be present on-site 24 hours a day.

(2)

Accessory commercial building. Accessory commercial buildings, including but not limited to bath and laundry facilities, minimarkets and daycare facilities may be constructed on the site. Such accessory uses shall be designed to serve only the needs of visitors using the park, and may not be advertised on the signs facing the highway.

(g)

Required open space. There shall be at least one substantial area of open space accessible from all areas of the RV park. It shall include outdoor recreational facilities for passive and active recreation.

(1)

The cumulative size of the open space shall not be less than five percent of the gross area of the RV park. Setback areas, walkways, landscaped areas, required parking, and permanent structures other than the recreation building, shall not count towards the required open space. However, retention pond(s) may be included as part of the recreational space if recreation amenities are incorporated with the retention pond(s), such as paths and walkways.

(2)

Required open space shall be landscaped according to plans approved as part of the site plan.

(h)

Occupancy.

(1)

Occupancy within the RV park by any single guest or invitee, and any RV unit, shall be not exceed a period of 210 days in any 12-month period. Guest mail boxes and individual telephone lines shall be prohibited.

(2)

The park manager shall keep records of the length of occupancy of visitors in order to monitor compliance with these regulations and have those records available for inspection by the city during normal business hours.

(i)

Operational requirements.

(1)

The owner shall develop and maintain an emergency response plan to address safety in the event of natural disasters such as storms, hurricanes and fire. The plan shall provide for the safety of the park occupants, and to the extent feasible, the security of any recreational vehicles and accessory structures located within the floodplain that are not elevated or tied down. The owner shall provide the city the opportunity to review and comment on the proposed plan and any amendments thereto.

(2)

The owners shall ensure that every park occupant receives a copy of the restrictions and prohibitions of these regulations and applicable provisions of the Land Development Code as they relate to recreational vehicle parks. Evidence of this requirement shall be available for inspection by the city during normal business hours.

(j)

Prohibited uses.

(1)

Operation of a mobile home park is prohibited.

(2)

Park models shall be prohibited.

(3)

Free-standing tents not associated with an accompanying recreational vehicle are prohibited. Awnings and tent-like enclosures which are attached thereto shall not be considered freestanding tents within the meaning of this provision.

(4)

Individual recreational vehicle spaces shall not be altered to accommodate permanent accessory structures or amenities such as carports, screens, porches or patios. This provision does not prohibit the park owner from constructing structures that are for general park use.

(5)

Itinerant vending of any kind shall be prohibited.

(Ord. No. 00-07, § 1, 6-13-00; Ord. No. 97-27, § 1, 1-13-98; Ord. No. 03-07, § 1, 3-25-03; Ord. No. 03-13, § 2, 8-26-03; Ord. No. 08-06, § 1, 5-27-08; Ord. No. 08-13, § 1, 8-26-08; Ord. No. 08-15, § 2, 8-26-08; Ord. No. 09-17, § 1, 1-26-10; Ord. No. 12-20, § 1, 12-11-12; Ord. No. 17-03, § 1, 6-13-17; Ord. No. 19-16, § 2, 8-13-19; Ord. No. 2021-07, § 2, 6-8-21; Ord. No. 2021-09, § 6, 7-27-21; Ord. No. 2024-05, § 2(Att. A), 8-13-24; Ord. No. 2025-01, § 2, 2-11-25; Ord. No. 2025-11, § 4, 7-22-25)