The specific conditions set out below shall be applied to each proposed use.

A.

Automobile rental. An automobile rental agency shall be permitted only upon approval after public hearing and subject to the following conditions:

(1)

That a continuous, densely planted greenbelt of not less than 15 feet in width, penetrated only at points approved for ingress or egress to the property, shall be provided along all property lines abutting public rights-of-way or properties zoned residential. Said greenbelt shall have shade trees planted at a maximum spacing of 30 feet on center. The shade trees shall have a minimum caliper of 2½ inches at time of planting.

(2)

That a decorative masonry wall at least five feet in height shall enclose the vehicle storage area and repair area. The placement of said wall, and openings through it shall comply with the requirements contained elsewhere in this chapter.

(3)

That all outdoor paging or speaker systems are expressly prohibited.

(4)

That no repair work of any type is permitted on-premises.

(5)

All outdoor display areas and visitor parking areas shall be clearly designated on an approved site plan. All parking and display areas shall be paved and striped. Required yards, buffer yards, landscaping and open space shall be protected by nonmountable curbing. Merchandise shall not be displayed within any required yard or buffer yard.

B.

Automotive service stations. The following standards, limitations and requirements shall apply to automotive service stations as principle uses:

(1)

Minimum lot area, dimensions, street frontage. The minimum lot area for an automotive service station (or minimum site area reserved for use by an automotive service station where established in combination with other uses) shall be 15,000 square feet. Minimum lot or site depth shall be 100 feet and the minimum street frontage for one street shall be 150 feet.

(2)

Limitations on outdoor storage, display, activities. Storage and display of products sold or equipment used incidental to normal refueling shall be entirely within an enclosed structure. There shall be no outdoor product display racks, commercial product signage, storage of tires, or other merchandise. Activities incidental to normal refueling may be conducted outdoors while vehicles are at pump islands. Other permitted activities such as repairs, change of tires, greasing and lubrication and the like shall be conducted within enclosed buildings. All vending machines for the sale of food, drinks and sundries shall be located within an enclosed building.

(3)

Truck, automobile and trailer rentals. The rental of trucks, automobiles, trailers and towing equipment as an accessory use is prohibited.

(4)

Limitations on parking of vehicles. Only vehicles awaiting service, vehicles used in road service and vehicles of employees or customers of accessory commercial services shall be stored or parked on the premises. Service stations shall not be used for performance of major repairs and shall not include the outdoor storage of disabled or inoperable vehicles.

(5)

Limitations within the town center. Within the area designated on the Future Land Use Map of the Comprehensive Plan as the "Town Center," automotive service stations are prohibited as primary uses with frontage on public arterial and collector roadways consistent with Comprehensive Plan land use and urban design policies. Automotive service stations may be located within parking garages and primary use commercial and office structures as accessory uses with access from internal site circulation drive.

C.

Bottle club. Any bottle club as defined by F.S. Ch. 561, shall be required to obtain conditional use approval.

D.

Child- or adult-care centers.

(1)

Child- or adult-care centers shall be required to provide a designated dropoff and pickup area, which is not part of the permanent parking for the site. All required play areas should be grassed or mulched. Paved areas shall not be considered as play areas. Outdoor play areas shall be fenced and screened from roadways and adjacent properties.

(2)

Child day-care centers shall be permitted in R-1 District for less than six children and shall be established only on lots with a minimum size of 7,500 square feet.

(3)

Child day-care centers shall provide a minimum of 20 square feet of usable floor space per child. Usable floor space refers to that space available for indoor play, classroom, work area or nap space. Child-care centers shall provide securely fenced outdoor play area consisting of at least 400 square feet or 45 square feet per child in any group using the play area at one time, whichever is greater. A minimum play area shall be provided for one-half the permitted capacity, but in no case less than 400 square feet. No outdoor play area shall be located in any required front yard. Where the edge of any such outdoor play area is closer than 30 feet to any side or rear lot line, an intervening masonry wall not less than five feet in height shall be maintained along such edge.

(4)

Child-care centers established as accessory uses in retail centers or other commercial establishments for short-term care of children of shoppers need not provide outdoor play area.

(5)

All outdoor play activities on the premises shall be conducted within the fenced play area, limited to the hours of 8:00 a.m. to 6:00 p.m.

E.

Drive-through windows. All uses which provide drive-through service shall meet the design requirements contained in the parking and loading requirements.

F.

Drive-through facilities. Such uses shall be permitted only when located within a building that contains at least six other uses, which do not have drive-through facilities, and is a part of a unified site. The drive-through window shall not be adjacent to or facing a primary pedestrian pathway, and vehicular access to the drive-through shall be provided only via the internal circulation system of the development site.

G.

Group homes. The establishment of group homes shall be as regulated in F.S. ch. 419. A proposed group home of six or fewer residents within 1,000 feet of an existing group home shall be required to obtain conditional use approval.

H.

Home occupations.

(1)

Authorization. Home occupations are permitted in any dwelling unit subject to the approval by the Development Services Director and the following provisions.

(2)

Use limitations. In addition to the use limitations applicable in the zoning district in which located, all home occupations shall be subject to the following use limitations:

(a)

A home occupation must be conducted by the home occupation permit applicant within the dwelling which is the primary residence of the applicant or in an accessory building thereto which is normally associated with a residential use and shall be clearly subordinate to the principal use of the lot as a dwelling and shall not exceed 25% of the floor area of the residence.

(b)

Except for articles produced on the premises, no stock in trade shall be stored, displayed or sold on the premises.

(c)

There shall be no exterior evidence that the property is used in any way other than for a dwelling.

(d)

No mechanical or electrical equipment shall be employed other than machinery or equipment customarily found in the home, associated with a hobby or avocation not conducted for gain or profit, or customary for a small office.

(e)

No outside display or storage of goods, equipment or materials used in connection with the home occupation shall be permitted.

(f)

The dwelling in which the home occupation is being conducted shall be open for inspection to City personnel during reasonable hours.

(g)

A permit for a home occupation is valid for only the original applicant and is not transferable to any resident, address or any other occupation. Upon termination of the applicant's residency, the home occupation permit shall become null and void.

(h)

No sign shall be permitted.

(i)

There shall be no customers or clients on-site.

I.

Outdoor storage. All businesses, which store materials, work in progress, finished products, machinery or equipment outside of an enclosed building, shall be required to obtain conditional use approval unless otherwise specified in these regulations. This regulation shall not apply to cars or trucks used in the normal course of business parked overnight in designated parking areas. All outdoor storage shall be indicated on a site plan and buffered from adjacent properties by the required buffer yard of this chapter with the addition of a finished concrete wall.

J.

Rehabilitation centers. No rehabilitation center shall be established within 1,500 feet of an existing rehabilitation center, as measured from the edge of the parcel containing the existing facility.

K.

Veterinary clinics and ancillary kennels. These facilities shall be located within completely enclosed structures that are adequately soundproofed and constructed such that there is no emission of noise or odor detrimental to the surrounding area.

L.

Warehouse, self-storage. A self-storage warehouse facility shall not be permitted to contain businesses, which require an occupational license for the premises. No wholesale or retail sales are permitted. "Self-service storage facility" shall be defined as a fully enclosed space used for warehousing which contains individual storage units with floor area no greater than 400 square feet and an interior height not to exceed 12 feet. Loading docks shall not be permitted. There shall be no incidental parking or storage of trucks and/or moving vans except for purposes of loading and unloading. Truck rental establishments are prohibited.

M.

Wetland mitigation banks. Wetland mitigation banks shall be a permitted use in land designated water or parks and recreation on the Future Land Use Map. On-site mitigation for a development project is a permitted use.

N.

Occupancy restrictions in single-family neighborhoods. Homes in single-family districts (R-1) are designated for occupancy by a single family.

(1)

Definitions. As used in Subsection N, the following definitions apply:

FAMILY — One or more persons occupying a single residential unit when all members are related by blood, marriage, or adoption and three or fewer persons unrelated to any other occupant (excluding servants); not construed to mean fraternity, sorority, club, institutional group, student housing or more than three unrelated persons as defined herein. This definition shall be construed to include those individuals protected as a family unit by the Fair Housing Act.

MINOR CHILD — A person under the age of 19 living with a parent or other legal guardian or in foster care.

OCCUPANCY or OCCUPY — The use of a dwelling unit or portion thereof for living, sleeping, and cooking or eating purposes.

(2)

Unrelated occupants prohibited. It shall be unlawful for the occupants residing in, or for the owner of, any single-family dwelling unit located in the R-1 Zoning District to have more than three unrelated individuals residing therein, nor shall any family as defined in Subsection N(1) have, additionally, more than two unrelated individuals residing with such family. For purposes of Subsection N, one unrelated individual residing with a family shall include the minor child or children of such unrelated individual residing with him or her.

(3)

Penalty. It shall be a violation of this Subsection N for any owner, occupant, or lessee of any single-family dwelling unit to permit or fail to prohibit the occupancy of such dwelling unit by more than three unrelated persons. Each owner, occupant or lessee of a single-family dwelling shall be subject to a fine not to exceed $200 for each violation. Each day during which any violation of this Subsection N shall continue shall constitute a separate offense.

(4)

Proof of violation. Prima facie proof of occupancy of a single family dwelling unit by more than three unrelated persons is established in any prosecution for violation of this Subsection N if it is shown that the same four or more vehicles with registration to persons having different surnames and addresses were parked overnight at the dwelling unit a majority of nights in any 21-day period. This establishment of a prima facie level of proof in this subsection does not preclude a showing of occupancy of a dwelling unit by a person in any other manner.

(Ord. No. 2010-341, 1-21-2010; Ord. No. 2021-562, § 34, 3-18-2021)