The purpose of this article is to set forth the general provisions pertaining to all the zoning districts.

(Ord. No. 1974-C, § 90.10, 9-17-74)

A lot of record is defined as a lot or parcel, created on or before September 17, 1974, which met all zoning and subdivision requirements at the time of creation but which does not meet the current requirements of this section, the City of Umatilla subdivision regulations, or any other provision of the City Code.

A lot of record will be granted a building permit for a single-family dwelling unit in accordance with the zoning requirements at the time of application if the requirements of (a) and (b) are met:

(a)

Street Requirements. The lot of record must have road frontage on:

(1)

A public maintained road, or

(2)

Be located on a unmaintained street, of which more than fifty (50) percent of the lots on that unmaintained street are owned by different individuals as of November 1, 1985. Two (2) or more lots shall not be deemed as owned by different individuals when:

a.

When one lot is owned directly or indirectly, by the spouse of the other lot owner.

b.

When one lot is owned directly or indirectly, by or for a partnership, trust or estate of which the other lot owner is a partner or beneficiary.

c.

One lot owner owns fifty (50) percent or more in value of the stock of the corporation that owns, directly or indirectly, the other lot.

(3)

For purposes of this section, the applicant shall have the burden to show that he or she meets or is exempt from the criteria set forth herein. Any adverse decision may be appealed to the board of adjustment.

(b)

Lot size requirements. All lots of record must contain a minimum of twelve thousand five hundred (12,500) square feet of usable land unless either of the following apply:

(1)

The lot does not require an individual sewage disposal system as defined in Chapter 10D-6 of the Florida Administrative Code or an individual water system as defined in Chapter 10D-4 of the Florida Administrative Code, or

(2)

The lot contains not less than eight thousand (8,000) square feet of usable land and is served by a public water system as defined in Chapter 403.852 of the Florida Statutes and Chapter 10D-4.18 of the Florida Administrative Code.

(c)

Exceptions. Lots of records are exempt from the requirements of (a) and (b) if:

(1)

A single-family dwelling unit existed on the lot on November 1, 1985.

(2)

The lot has been granted a variance by the planning and zoning coordinator or the board of zoning appeals.

60-362.1. A lot shall not be considered a lot of record when sold under contract until the contract or deed is duly recorded in the records of the clerk of the circuit court of Lake County, Florida, and meets the other requirements of this section.

60-362.2. The city clerk may grant an administrative variance from the street and lot size requirements contained in section 60-362 if the following conditions exist:

(a)

As to street requirements.

(1)

If an individual as defined above only owns one lot of record of any size fronting on an unmaintained street; or

(2)

If fifty (50) percent or more of the individual lots located on an unmaintained street are developed; or

(3)

If contiguous individual lots have been aggregated into one lot, and the individual does not own any other lots on the street.

(b)

As to lot size requirements.

(1)

If seventy-five (75) percent or more of the lots on a street or subdivision are developed with each lot containing less than twelve thousand five hundred (12,500) square feet.

(2)

If physical and development patterns exist that prevent the aggregating of lots to meeting the twelve thousand five hundred (12,500) square foot requirements.

60-362.3. In those areas where a lot of record exists which met the zoning minimums at the time of creation but does not presently meet the requirements of section 60-362, the applicant may apply to the board of adjustments for a variance. The board of adjustments will consider the development patterns and ownership of adjacent lots in the area in determining the granting of a variance.

60-362.4. Subject to the requirements set forth above, a single-family structure may be constructed on any nonconforming lot in any residential district if the lot is less than the minimum area required for building lots in the residential district in which it is located providing the following conditions exist and are met:

(a)

Availability of adjacent vacant land. No structure shall be erected on any nonconforming lot if the owner of the lot owns any adjoining vacant land which would create a conforming lot if the vacant land was combined with the nonconforming lot.

(b)

Side yards. No structure shall be erected on a nonconforming residential zoned lot unless it shall have a minimum side yard of five (5) feet, or in the case of commercial structures, a minimum side yard as stipulated in the zoning regulations of divisions 9, 10, 11, and 12 of Article III.

(c)

Front and rear yards. No structure shall be constructed on a nonconforming lot unless it shall have a front and rear yard conforming to the minimum required for the residential or commercial districts in which it is located.

(Ord. No. 1974-C, § 90.11, 9-17-74; Ord. No. 1985-2, 11-19-85)

At all street intersections no obstruction to vision (other than an existing building, column or tree) exceeding thirty (30) inches in height above the average grade of the street at the property line shall be erected or maintained on any lot, parcel or tract, however stated, within the triangle formed by the street lot lines of the area and a line drawn between the points along the street lot, parcel or tract lines thirty (30) feet distant from their point of intersection.

(Ord. No. 1974-C, § 90.12, 9-17-74)

(a)

Required yard to be open to sky. Every part of a required yard must be open to the sky unobstructed except for the ordinary projection of open porches, balconies, steps, sills, cornices and other ornamental features, provided the ornamental designs project not more than four (4) inches from the building wall.

(b)

Side yard width may be varied. Where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular, the side yard may be varied. In such a case, the average width of the side yard shall not be less than the required minimum for the district in which the structure is located. However, the side yard may not be less than one-half the required minimum width at any given point.

(c)

Side yard of a corner lot. Any corner lot shall have a side yard equal in width to the minimum front yard setback of any adjoining lot fronting on the side street. The minimum side setback of a corner lot shall in no case be less than fifteen (15) feet.

(d)

Transition yard requirements.

(1)

Differing abutting zones. Where a residential district abuts a nonresidential district, there shall be provided in the nonresidential district a buffer zone consisting of a minimum of thirty (30) feet from the adjoining district. Where the two (2) zones abut on the same street, there shall be a front yard requirement at least equal in depth to that required in the residential district.

(2)

Side or rear yard. Where the side or rear yard in a residential district abuts a side or rear yard in a nonresidential district there shall be provided in the nonresidential district a rear or side yard setback at least equal in depth to that setback required in the residential district. In no case shall the abutting side or rear yard setback be less than fifteen (15) feet.

(Ord. No. 1974-C, § 90.13, 9-17-74)

All garden walls, fences and hedges located or constructed within the required yard areas shall conform to the following regulations except where special requirements are set forth for specific screening purposes:

(1)

Front yard. All garden walls, fences or hedges located within the front yard shall not exceed four (4) feet in height unless they fulfill setback requirements.

(2)

Side and rear yards.

a.

All garden walls, fences or hedges located within the required rear or side yards in residential districts shall not exceed six (6) feet in height except for the required street side yard of a corner lot and/or the required rear yard which abuts a water body where they shall not exceed four (4) feet in height.

b.

A garden wall, fence or hedge shall be allowed up to the property line, provided however, any two (2) property owners who desire a common fence line may have same not withstanding any other provision within this chapter.

c.

Fencing may be erected in any commercial district but shall not exceed fourteen (14) feet in height. No fence shall be maintained or constructed, in whole or in part, of barbed wire, unless it is in a zone designated as M-1 (Heavy Industrial District), MP (Planned Industrial District), LM (Light Manufacturing District), CP (Planned Commercial District), or C-2 (General Commercial and Warehouse District), and it is specifically allowed in a conditional use permit, based upon the necessity of barbed wire for the particular use permitted by the CUP. Any such barbed wire fencing existing on the effective date of this ordinance shall be removed on or before 1 July, 1988, and no such fence in existence shall be added to, repaired, improved or enlarged.

(3)

Privacy fencing.

a.

Privacy fences shall be continuous and consistent, constructed of substantial and durable material, such as, but not limited to concrete blocks or redwood, cypress or pressure-treated wood, to such a height and construction necessary to hide from view any materials or vehicles stored behind the fence or enclosure; except that the view shall not be considered as applying to the overview portions of elevated highways or views from the air.

b.

A privacy fence constructed of concrete block must be painted at least on the exterior side. Waterproof paint in earthtone colors only may be used.

c.

All privacy fencing must be so implaced and constructed so as to present a finished side as its exterior surface.

d.

Tin and other metal fabrics shall not suffice for construction of a privacy fence unless used in a chain link design with opaque strips woven through to thoroughly obstruct visibility of the owner's property.

(Ord. No. 1974-C, § 90.14, 9-17-74; Ord. No. 1984-P, § 1, 11-20-84; Ord. No. 1987-M, 6-16-87; Ord. No. 1988-D, 5-17-88)

(a)

Generally. Accessory structures which are not attached to the principal structure may be erected in accordance with the following requirements:

(1)

No accessory structure may be located within five (5) feet of the side or rear lot lines;

(2)

No accessory structure shall be located closer to the street than the front yard setback required for a principal structure in the district in which the accessory structure may be located;

(3)

For corner lots the setback from the side street shall be the same for accessory structures as for the principal structure.

(b)

Residential districts. Accessory structures which are attached to the principal building in a residential district shall comply in all respects to the yard requirements of this chapter applicable to the principal structure.

(c)

Districts other than residential districts. Accessory structures shall comply with the front and side yard requirements for the principal structure to which they are accessory and shall not be closer to any rear property line than fifteen (15) feet.

(Ord. No. 1974-C, §§ 90.15, 90.16, 9-17-74)

(a)

General requirements. No building or structure shall have a greater number of stories than two (2) above mean grade. A greater number of stories may be permitted upon the recommendation of the fire chief and approval of the city council at the time application for a building permit is made.

(b)

Permitted exceptions to height limitations.

(1)

Chimneys, cooling towers, elevators, bulkheads, fire towers, gas tanks, steeples, water towers, ornamental towers or necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereinafter ordinances in the city, provided, no tower, other than a church tower or spire or a public building, shall exceed the height regulations by more than forty (40) percent.

(2)

No tower shall be used as a place of habitation or for tenant purposes.

(3)

In the case of planned unit developments, the height regulations may be exceeded upon the approval of a site plan by the planning and zoning board, provided that the health, welfare and safety of the potential residents are protected in a manner recommended appropriate by the planning and zoning board and approved by the city council.

(Ord. No. 1974-C, § 90.17, 9-17-74)

In the following types of development, the following criteria will be met:

(1)

Airports.

a.

Applicants must secure preliminary approval from the state and federal aviation agencies prior to the filing for a conditional use permit.

b.

Runways shall not be less than three hundred (300) feet from the nearest right-of-way of any public road, street or highway, nor less than eight hundred (800) feet from the nearest dwelling unit.

(2)

Cemeteries.

a.

Cemeteries shall provide adequate means of ingress and egress for vehicles so that traffic along adjacent public streets, roads or highways is not blocked or unduly congested while funeral processions are entering or leaving the cemetery.

b.

Setbacks for grave lots from the nearest property line adjacent to the right-of-way line of any public street, county road, secondary or primary state or federal road or highway shall be subject to the provisions of the conditional use permit.

c.

Setbacks for grave lots shall be twenty-five (25) feet from any property not within the approved boundaries of the cemetery.

d.

A landscaped buffer strip twenty (20) feet in depth shall be provided around all sides of the cemetery not fronting on a public street, road or highway and the requirements thereof shall be made as a condition of approval. The buffer strip shall consist of trees or planting of such a nature as to screen the grave sites from adjacent property.

(3)

Churches.

a.

The floor plan for houses of worship shall not exceed more than one-sixth the total lot area.

b.

Where the church property requires that the minister's residence be placed on church premises, the area occupied by the residence shall be considered a lot and shall conform to the general requirements stipulated for residential dwelling units. The area occupied by the residence shall be calculated separately from the lot area of the church.

c.

Off-street parking requirements shall conform to those stipulated under article IV.

(4)

Clubs, private.

a.

The space covered by the floor plan shall not be more than one-sixth of the total lot area.

b.

Where private clubs require that the caretaker's residence be placed on the property of the private club's premises, the area occupied by the residence shall be considered a lot and shall conform to the general requirements for dwelling units in the zoning district in which the residence is located. The area occupied by the residence shall be computed separately from the lot area of the private club building.

c.

Off-street parking and loading requirements shall conform to those stipulated under article IV.

(5)

Kennels and/or veterinary clinics. All commercial kennels and/or veterinary clinics shall meet the following criteria:

a.

All animal and confinement areas shall be in an air-conditioned and sound-attenuated building.

b.

Air-conditioning shall be sound-attenuated so as to minimize noise from within the facilities.

c.

Facilities for housing of not less than five (5) animals shall be maintained on the premises.

d.

Runs shall be in an air-condition and sound-attenuated building.

(6)

Plant nurseries and greenhouses.

a.

Plant nurseries and greenhouses, where permitted, shall store all cans or containers of whatever nature, and other equipment incidental thereto, inside buildings so that they are hidden from view of all property owned by others, or from any public street, county road, secondary or primary state or federal road or highway.

b.

Off-street parking and/or loading requirements shall conform to those stipulated under article IV.

(7)

Planned unit developments.

a.

A final development plan shall be submitted and recorded within a twelve-month period from the date of the approval of the conditional use permit by the planning and zoning board.

b.

The final development plan for the planned unit development shall include the following:

1.

A preliminary plat. It is the intent of this subsection that the subdivision regulations be carried out simultaneously with the review of the planned unit development. This review is intended to include a conceptual plan for the provision of water, sewer and drainage facilities.

2.

The location and dimensions of all streets, pedestrian ways and watercourses.

3.

A typical site plan shall be provided, showing the relationship of building locations, arrangements, uses and height to open areas, streets, pedestrian ways, landscaping features and property lines.

4.

Easements for public utilities and required covenants, conditions, restrictions and agreements and grants which govern the use, maintenance and continued protection of the planned unit development and its common areas.

5.

Areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, school sites, public buildings and similar public and semi-public uses.

c.

The final approved planned unit development will be recorded as provided by the subdivision regulations.

d.

Roads will be constructed as set forth in the subdivision regulations and parking areas will be surfaced and maintained to meet such specifications as established by the planning and zoning board with the approval of the city council.

e.

Wherever practical, vehicular and pedestrian passageways should be separated.

f.

A system of walkways between buildings, common open spaces, recreation areas, community facilities and parking areas should be distinctly designed and adequately lighted where appropriate for nighttime use.

g.

Sidewalks or an alternate means of pedestrian circulation shall be provided within the planned unit development area. Such a circulation system must receive the approval of the planning and zoning board.

h.

All utilities must be supplied through underground networks.

i.

The following guidelines shall serve as site development standards for the planned unit development:

1.

The natural topography, soils, vegetation and surface water should be preserved and utilized through the careful location and design of circulation ways, buildings, structures, parking areas, recreation areas, open space and drainage facilities.

2.

Buildings and recreation areas should be situated to take full advantage of natural air flow, sun angle and views.

3.

Provision should be made for the continuation of all arterial streets and highways where applicable.

4.

The entrances to parking areas should be easily accessible and identifiable from public streets and should not interfere with traffic movement on adjoining streets and drives.

5.

All surface water runoff shall be disposed of in a manner so as not to have a detrimental affect on adjacent or neighboring property.

j.

Development of the project shall be in accordance with detailed and comprehensive plans for phases as follows:

1.

Phase 1. Clearing and filling of the land, digging of canals, etc.;

2.

Phase 2. Engineering plans submitted for the complete development;

3.

Phase 3. Actual beginning of construction of the buildings, etc., after necessary permits have been secured;

4.

Phase 4. Final clearance by the planning and zoning board, county pollution control board and any other governmental agency having jurisdiction prior to any public opening or activities.

k.

Building permits shall be obtained for each and every structure erected and construction and operation of the proposed use shall comply at all times with the regulation of this and any other governmental agency. Prior to the issuance of building permits, complete building plans shall be submitted to the planning and zoning board for approval. The building plans shall be in substantial conformity with plans submitted to the planning and zoning board with the conditional use permit application. Separate and detailed plans shall be submitted to the county pollution control board in conjunction with those facilities deemed possible sources of pollutants, and shall receive the approval of the planning and zoning board and the county pollution control board prior to construction.

l.

A performance bond (or bonds) as set by the planning and zoning board shall be posted to ensure that no ecological damage is done to surrounding properties or waters; and to ensure the restoration of the subject land to a state that would not permit ecological damage if the project should fail, be abandoned or work stopped for any reason for a period of eighteen (18) months. The bond shall be utilized by the city council in the restoration, as nearly as possible, of the land to a state equivalent to the natural ecological conditions prevailing at the time of the issuance of the permit. The bond amount shall be ratified by the city council. The bond or bonds shall terminate upon completion of Phase 4 of any project phase of the permittee's stages or phases of development.

m.

The bond may be a surety bond, a cash bond or an unencumbered certificate of deposit, bank savings account or government security, assigned to the city for the purposes of these requirements.

(8)

Stables, private or public riding academies.

a.

Public or private riding stables or academies, where permitted, shall not be located on a tract of land less than ten (10) acres in size.

b.

No structure, pen or corral, housing the animals shall be less than two hundred (200) feet from the nearest right-of-way line of any public street, county road, state or federal highway or the adjacent boundary of property owned by others.

(9)

Swimming pools.

a.

Swimming pools are to be considered as accessory structures and shall meet the setback requirements established for an accessory structure or building for the zoning district in which it is constructed.

b.

All swimming pools shall be completely enclosed with a fence or wall at least four (4) feet high and so constructed so as not to be readily climbable by small children.

c.

All gates or doors providing access to the pool area shall be equipped with a self-closing and self-latching device installed on the pool side for keeping the gates or doors securely closed at all times when the pool is not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.

(10)

Trash and storage areas. In all commercial, industrial and residential-professional zoning districts, all storage of cartons, containers and trash shall be shielded from view within a building or within an area enclosed by a wall not less than six (6) feet in height. If unroofed, no such area shall be located within forty (40) feet of any boundary line.

(11)

Travel trailer parks. Travel trailer parks must meet the following requirements:

a.

Tourist oriented retail establishments will be considered as accessory uses to the travel trailer park and campground.

b.

A site plan will be required with each application.

c.

Roads, buildings and other facilities shall meet the codes established by the city council, the county health department, the state department of health and rehabilitative services and any other governmental agencies deemed appropriate.

d.

Before any person can either directly or indirectly operate a travel trailer park and campground, he shall make an application for and receive from the health department a valid permit for operation.

e.

Conventional mobile homes may be situated within the park, provided that they are within a separate area and the park layout is so designed as to compliment the overall development plan for the area.

f.

The entire park must be enclosed by a fence a minimum of five (5) feet in height with the exception of that portion fronting on the road; a landscaped buffer zone of fifteen (15) feet in depth shall be maintained on all sides except road frontage.

g.

Such retail establishments and accessory buildings as permitted by the planning and zoning board shall be oriented to the interior of the park, and shall provide off-street parking and/or loading areas as required under article IV.

h.

There shall be a setback of a minimum of fifty (50) feet from any road or highway for any commercial building or accessory buildings.

(Ord. No. 1974-C, § 90.18, 9-17-74)

(a)

Unenclosed areas. Any unenclosed use as may be required by this chapter to be landscaped in accordance with this subsection shall provide a fence, wall, screen or landscaping buffer sufficient enough to obscure the uses from the view of abutting properties lying in residential districts or from the public right-of-way. Specific screening requirements as stated in the zoning district definitions must be met unless alternative screening devices have been approved by the planning and zoning board.

(b)

Approval by the planning and zoning commission. Plans and site design for the installation of required fences, walls or landscaping shall be reviewed by the planning and zoning board prior to the issuance of a building permit for the uses as are required by this chapter to be provided with such fences, walls or landscaping.

(c)

Maintenance. Any fencing or landscaping installed in accordance with this section shall be maintained in good order to achieve the objective of this section. Failure to maintain fencing or to replace dead or diseased landscaping shall be considered a violation of this chapter.

(Ord. No. 1974-C, § 90.19, 9-17-74)

(a)

Those operations which reduce or lower the level of the ground shall conduct that reducing or lowering more than fifty (50) feet from the boundary of any adjoining land owned by others or from the right-of-way of any public street, county road, secondary or primary state or federal road or highway.

(b)

The area being lowered shall be sloped at a rate of one (1) foot vertically to two (2) feet laterally to the point on natural ground more than fifty (50) feet from the boundary of any adjoining land owned by others or from the right-of-way of any public street, county road, secondary or primary state or federal highway. In cases where a hill or elevation exists and the materials therefrom are used to bring the level of the property into conformity with the natural drainage of the surrounding area and does not result in runoff or drainage onto property owned by others, these setbacks do not prevail.

(c)

All operations which reduce or lower the level of the ground shall make provisions to restore the land to a condition which would permit its usage in conformity with the existing zoning and usage of the surrounding community upon completion of the operation.

(Ord. No. 1974-C, § 90.19, 9-17-74)

Any structure over water shall require a building permit and shall conform to the requirements established by the state board of trustees of the internal improvement trust fund.

(Ord. No. 1974-C, § 90.20, 9-17-74)

It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties, provided however, that where this chapter imposes a greater restriction upon the uses of the buildings and lands or requires larger open space than is imposed or required by other resolutions, rules or regulations or by easements, covenants, or agreements, the provisions of this chapter shall govern.

(Ord. No. 1974-C, § 90.21, 9-17-74)

(a)

All buildings or structures, whether constructed on site or off site, shall be erected with regard to the public health and shall meet the codes established by the city council for the general use category and any other governmental body or bodies having lawful and appropriate jurisdiction.

(b)

All water supply and sewage disposal facilities shall conform to the regulations of the county health department and to the codes adopted by the city.

(Ord. No. 1974-C, § 90.22, 9-17-74)

All lighting shall be so shaded and so adjusted that the light therefrom is directed to fall only on the same premises where the light sources are located.

(Ord. No. 1974-C, § 90.23, 9-17-74)

(a)

The principal structure shall be considered to be the structure compatible to the zoning district. In the case of residential zoning districts the principal structure will be considered to be the dwelling unit.

(b)

No permit will be issued for an accessory structure or building until such time as the requirements for the principal structure have been met.

(Ord. No. 1974-C, § 90.24, 9-17-74)

(a)

No occupancy of a building hereafter erected in accordance with such codes as adopted by the city council is permitted until after the building has received a final inspection by the building inspector.

(b)

No electrical power shall be supplied to any building, structure, mobile home, or trailer, nor shall there be moved or moved onto any land within the city limits of the city unless approval for the moving of the structure has been granted by the city council, and until such time as a final inspection has been made by the building inspector.

(Ord. No. 1974-C, § 90.25, 9-17-74)

(a)

Sanitary sewerage facilities shall not be made until the facilities for connection to an approved septic tank or central sewerage system have been installed, and the hook-up thereto approved by the building inspector.

(b)

All water and sewerage facilities shall conform to the regulations adopted by the city council, the county health department and the Florida Sanitary Codes.

(Ord. No. 1974-C, § 90.26, 9-17-74)

On corner properties, the setback from the side road shall be the same as the setback from the front street (the front street considered to be the house street address) except on lots having less than seventy-five (75) feet of street frontage and shown as record lots having been recorded prior to the adoption of this chapter. On such a lot no building shall be erected closer than fifteen (15) feet from the side line abutting any intersecting street.

(Ord. No. 1974-C, § 90.27, 9-17-74)

(a)

In addition to the sign requirements set forth in the previous portions of this chapter, no sign may be constructed, erected, used, operated or maintained:

(1)

Within twenty-five (25) feet of the outside boundary of any public street, county road, secondary or primary state or federal road or highway, or within one hundred (100) feet of any church, school, public park, public recreation area or playground, state or federal property;

(2)

Which displays intermittent lights or any rotating or flashing light within one hundred (100) feet of a state-owned right-of-way;

(3)

Which uses the words "stop," "danger," "halt," or implies the need or requirement of stopping or the existence of danger, or which is a copy or imitation of official signs;

(4)

Which is placed on the inside of a curve or in a manner that may prevent persons using the street, road or highway from obtaining an unobstructed view of approaching vehicles;

(5)

No advertisement shall be nailed, fastened or affixed to any tree or upon any right-of-way of any federal, state, county, or city road;

(6)

Which is erected or maintained in an unsafe, insecure or unsightly condition;

(7)

Portable signs are prohibited.

(b)

Signs or lettering shall be classified as signs regardless of whether they are free-standing or attached or painted to or on the principal building they are accessory to. In any case, signs shall be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.

(c)

Reserved.

(d)

A permit shall not be required for the erection, alteration, or maintenance of nameplates and identification, or sale or rental signs for single-family dwellings permitted in a residential district.

(e)

A permit shall be required for the erection, alteration, reconstruction, painting or producing by artificial light or any other sign within the city.

(f)

Lighting, including neon tubing or any other similar devices, shall not be used to outline any building, fence, wall or any other structure.

(Ord. No. 1974-C, § 90.28, 9-17-74; Ord. No. 1989-F, 11-21-89)

(a)

Where site plans are called for the following shall be furnished:

(1)

A reproducible, sheet size plot plan (twenty-two (22) inches by twenty-seven (27) inches) reserving three (3) inches on the left margin on the side twenty-two and one-half (22½) inches wide on the remaining sides, drawn to scale;

(2)

Name, address and telephone number;

(3)

Dimensions and location of all existing and proposed buildings, signs, driveways, street parking areas, topography, abutting streets, railroads, highways, watercourses, and other topographic features of the site;

(4)

Architectural plans and specifications for all proposed buildings, signs, exterior walls and fences;

(5)

A description of the proposed operation in sufficient detail to set forth its nature and extent;

(6)

Plans or reports showing proposed treatment and disposal of sewage waste; treatment of glare, handling of hazardous gases, liquids or other materials;

(7)

Plans or reports describing methods of handling traffic in and around, or created by the construction of the proposed use;

(8)

Approval by the county pollution control board and the state pollution control board of any plans, devices or facilities for the control of any pollutants which may be generated;

(9)

A topographic map showing provisions for drainage, specifications for paving of streets, parking areas, walkways, and provisions for parallel service roads;

(10)

Landscape architecture plans;

(11)

Complete legal description of the property involved.

(b)

A site-check fee may be imposed upon the applicant according to the size and impact of the proposed development on adjoining areas and the rest of the city. The amount of this site-check fee will be determined by the city council.

(Ord. No. 1974-C, § 90.29, 9-17-74)

Application for multifamily dwellings with four (4) or more dwelling units, or hotel, or motel, or motor lodge structures shall require the submission of a site development plan. The planning and zoning board shall make findings with respect to the following:

(1)

Traffic access. All proposed site traffic accessways are adequate, but not excessive in number, adequate in grade, width, alignment, and visibility, and not located too near street corners, entrances to schools, or places of public assembly and other similar considerations.

(2)

Circulation and parking. The interior circulation system is adequate and all required parking spaces are provided and are easily accessible.

(3)

Disposal of usable open space. In accordance with the spirit and intent of this chapter, wherever possible, usable open space is disposed of in such a way as to ensure the safety and welfare of the residents or guests of the city.

(4)

Arrangement of buildings. Adequate provisions have been made for light, air, access, and privacy in the arrangement of the buildings to each other.

(5)

Proper landscaping. The proposed site is properly landscaped, the purpose of which is to further enhance the natural qualities of the land. As provided elsewhere in this chapter, proper screening and buffer zones may be required.

(6)

Distance between buildings.

a.

The front or rear of any building may be no closer to the front or rear of any other building than forty (40) feet.

b.

The side of any building may be no closer to the side, front, or rear of any other building than thirty (30) feet.

(7)

Distance between buildings and driveways.

a.

No driveway or parking lot should be closer than twenty-five (25) feet to the front of any building nor ten (10) feet to the side or rear of any building.

b.

In the case of an enclosed garage or carport provided as a portion to the main structure, distance required for driveways providing access to these accommodations shall not apply.

(8)

Recreation space.

a.

There shall be provided on the site of a multifamily development an area or areas either enclosed or unenclosed, devoted to the joint recreational use of the residents thereof. Each such recreational use shall be developed with passive and/or active recreational facilities, and shall consist of a minimum of fifteen (15) percent of the net land area of the development or ten (10) percent of the total area.

b.

There shall be provided on the site of a motel or hotel development an area or areas devoted to the joint recreational use of the guests thereof.

(9)

Density. See section 60-136(c).

(Ord. No. 1974-C, § 90.30, 9-17-74)

All applications for a building permit for a mobile home park or portion thereof as per the regulations set forth in this chapter shall, in addition to complying with all other applicable conditions shall comply with the following conditions:

(1)

Permits—Required. In addition to a building permit a mobile home park shall make an application for an operating permit in order for an applicant to alter, construct, locate or extend a mobile home park within the city limits. An operating permit is issued and applicable for a one-year period, and may be renewed according to the provisions in this section.

(2)

Same—Application. All applications for permits or for renewal permits shall be submitted to the planning and zoning board and the city clerk. All original applications for permits shall contain the following:

a.

Name and address of the applicant; if the applicant is a partnership, the names and address of the board of directors and the officers;

b.

Name and address of the owner(s) of the land;

c.

Location and legal description of the mobile home park;

d.

Two (2) sets of engineering and/or architectural plans and specifications of the proposed park showing:

1.

The area and dimensions of the tract of land;

2.

The number, location, and size of all mobile home lots;

3.

The location and width of roadways and parkways;

4.

The location of service buildings and other proposed structures;

5.

Location of water and sewer lines;

6.

Plans and specifications of all buildings to be constructed, altered or extended within the mobile home park.

(3)

Existing parks. Mobile home parks operating prior to September 17, 1974, may continue to operate until they make application to extend, expand or alter the park, at which time the park shall be brought into compliance with the provisions of this chapter.

(4)

Renewal permits. Within sixty (60) days prior to the expiration of a valid operating permit, the owner or operator of a mobile home park shall make application for renewal. Following the application and prior to the issuance of the renewal permit, the following shall be undertaken:

a.

The building inspector shall inspect the park to determine if it is in compliance with the regulations of the city.

b.

The building inspector and the planning and zoning board shall review all complaints and/or violations which may have been filed or noted about the park during the period prior to the filing for the permit.

c.

The building inspector and the planning and zoning board shall report the findings to the city council within thirty (30) days of an application for renewal.

d.

The city council shall issue a renewal permit only if the park is in compliance with the city regulations including those in this chapter and provided that any complaints and/or violations have been corrected to the satisfaction of the city council.

(5)

Site improvement requirements.

a.

General requirements. Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health and safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion subject to unpredictable and/or sudden flooding.

b.

Soil and ground cover. Exposed ground surfaces in all parts of every mobile home park shall be paved, or covered with stone screenings, or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.

c.

Site drainage requirements. The ground surface of all parts of every mobile home shall be graded and equipped to drain all surface water in a safe efficient manner.

d.

Nonresidential usage. No part of any park shall be used for nonresidential purposes except as permitted by this chapter and the city council.

e.

Recreation areas.

1.

In all parks accommodating or designed to accommodate five (5) or more mobile homes, there shall be one (1) or more recreation areas which shall be easily accessible to all park residents.

2.

On the site there shall be provided an area or areas either enclosed or unenclosed, devoted to the joint recreational use of the residents thereof. Each such recreation space shall be developed with passive and active recreational facilities and shall consist of a minimum of fifteen (15) percent of the net land area of the development or ten (10) percent of the total land area of the project.

3.

Recreation areas shall be located as to be free of traffic hazards, and other conditions which would affect the health, welfare and safety of the community.

f.

Mobile home stands.

1.

The area of the mobile home stand shall be improved to provide an adequate foundation for the placement and tie-down of the mobile home, securing it from uplift, sliding, rotation and overturning.

2.

The mobile home stand shall be provided with anchors and tie-downs such as cast in place concrete deadmen, screw augers, arrowhead anchors and other devices securing the stability of the mobile home.

(Ord. No. 1974-C, § 90.31, 9-17-74)

The zoning districts as provided in this chapter are not cumulative, and therefore no residential units shall be permitted in any commercial zoning district except under those circumstances that are specified under the provisions of this chapter.

(Ord. No. 1974-C, § 90.32, 9-17-74)