Certain uses may be harmonious under special conditions and in specific locations within a zoning district, but may not be appropriate under the general conditions of the zoning district regulations as stated. These uses set forth are subject to specific limitations intended to protect the health, safety, and welfare of adjacent properties, contribute to the community as a whole, comply with the policies and objectives of the land use plan, and provide flexibility of design.

(Ord. No. 2007-02, exh. A, § 91, 2-21-2007)

The following permitted conditional uses shall not be subject to waiver of any provision by the special magistrate or city commission:

(1)

Location. Home occupations, subject to the provisions contained herein, shall be permitted in all residential zoning districts.

(2)

Licensing. Home occupations must be secondary to the use of the dwelling for residential purposes and shall not change the character of the dwelling unit thereof. In any instance where a dwelling unit is used to conduct a home occupation consistent herein, a home occupational license shall be required. This applies even where a regular business license has been issued for the same business and to the same applicant at another location within or outside the boundaries of the city.

(3)

General requirements. When permitted, home occupations shall be conducted in accordance with the following provisions and with any other restrictions that are contained within the individual residential zoning district regulations:

a.

No person other than individuals residing in the dwelling unit shall be engaged in the home occupation.

b.

There shall be no display of goods, machinery, or equipment, or any performance of work visible or audible from any street or adjoining property, nor shall there be any sign identifying or providing any information of any nature regarding the home occupation. There shall be no retail sales, repair, manufacturing, or the storage of merchandise on the premises. This includes hazardous materials.

c.

No equipment or process shall be used in any home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the premises.

d.

No home occupation shall generate or attract unsafe, excessive or hazardous vehicular or pedestrian traffic to the dwelling unit.

e.

No home occupation shall be conducted in any accessory building.

f.

No home occupation shall occupy more than 25 percent of the total floor area of a dwelling unit exclusive of any open porch, attached garage or similar space not intended to be occupied as living quarters.

g.

The applicant may use his home address only for receiving mail and not for any advertising purposes.

h.

No employees or independent contractors of any type shall be permitted at the dwelling unit at any time in connection with the home occupation.

i.

Consultation with one individual at a time or the giving of individual instruction to one person at a time shall be deemed a home occupation. Group consultation or the giving of group instruction of any type shall be considered to be a business enterprise not eligible for consideration as a home occupation.

(Ord. No. 2007-02, exh. A, § 92, 2-21-2007)

(a)

The city shall require an outdoor events permit for any event, meeting, activity, gathering, or group of persons, having a common purpose, design or goal, where the event substantially inhibits the usual flow of pedestrian or vehicular traffic on the surrounding public property, including, but not limited to, streets, sidewalks, alleys and parks, or preempts used by the general public, attracting 50 or more persons. An event shall include, but not be limited to, festivals, carnivals, concerts, parades, walks, races, fundraising sales and similar gatherings, grand opening promotions, city co-sponsored events and other similar events not specifically permitted by city ordinance. Events held on private property, having no impact on public property or the public as described in this subsection, that include a tent or any other temporarily erected structure, shall require the proper building permit.

(b)

Permits for outdoor events may be issued subject to the following conditions:

(1)

Setbacks. No activity, temporary tent, mechanical device, temporary sanitary facility or animal, associated with any outdoor event shall be closer than:

a.

50 feet from any residentially zoned plot; or

b.

50 feet from a public or private street line.

(2)

Access. Vehicular access onto any plot used for an outdoor event shall be from a public street which provides the minimum required street frontage specified above. No vehicular traffic shall be allowed ingress to or from the plot through any other residential street.

(3)

Parking. Off-street parking shall comply with this chapter insofar as the amount of spaces required, minimum parking space size, and minimum aisle widths. All parking spaces may be on an unpaved surface. Temporary barriers, guides, signs, and other temporary markings shall be erected and placed around and within the parking area to facilitate safe and efficient vehicular traffic flow on site.

(4)

Lighting. Temporary lighting used to illuminate the outdoor event after dusk shall be designed and arranged to reflect away from adjacent properties and away from any street or other vehicular use area.

(5)

Temporary structures, exhibits, and mechanical riding devices. Temporary structures, exhibits, and mechanical riding devices shall be permitted in conjunction with outdoor events subject to permit and inspection requirements of all applicable city and state agencies. No temporary structure shall be used for living quarters. All such structures, exhibits, and mechanical riding devices shall be removed from the premises within seven days after the conclusion of the event.

(6)

Signs. One temporary sign advertising the event may be erected on the plot where the event will be held not more than 14 days prior to the event. Such signs shall be no larger than 24 square feet in sign area and no higher than ten feet above the ground. The sign shall be set back at least ten feet from the front plot line and shall not be located within 25 feet of the intersection of any two public or private streets. The sign shall be removed by the permit holder at the conclusion of the outdoor event.

(7)

Frequency and duration. No outdoor event shall be permitted for a period of time exceeding seven consecutive days. No more than two outdoor event permits shall be issued on any plot during a calendar year. Hours of operation of any event shall be limited to 9:00 a.m. to 10:00 p.m., Sunday through Thursday, and 9:00 a.m. to 12:00 midnight on Friday and Saturday.

(8)

Liability insurance. Before any permit for an outdoor event is issued, the applicant must provide a certificate showing proof of a public premises liability and product liability insurance policy that provides coverage in the amount of $300,000.00. The policy must name the city as an additional insured and must be issued by an insurance company authorized by the state department of insurance to do business in the state. The policy must be approved by the city administrator or designee prior to issuance of any outdoor event permit.

(9)

Surety bond or cash bond. Before any permit for an outdoor event is issued, a bond or similar security acceptable to the city and naming the city as beneficiary in the sum of $1,000.00, shall be executed by the applicant, as principal, and a surety company authorized to do business in the state and on the list of the United States Treasury. Such security must be approved by the city attorney, and shall be in effect for the duration of the outdoor event and for six months subsequent to the end of the event. The security shall be released at the conclusion of the six-month time period upon submitted of an affidavit from the applicant that all conditions of the security have been met. The conditions of such security shall be that:

a.

The applicant shall comply fully with all the provisions of this Code of Ordinances and all other applicable city, state or federal laws regarding the sale of goods as permitted;

b.

The applicant will pay all judgments rendered against said applicant for any violation of said laws; and

c.

The applicant will pay all judgments and costs that may be recovered against said applicant by any persons for damage from any misrepresentation or deceptive practice during the transacting of such business.

(10)

Plans. A plan, drawn to scale, shall be submitted to the city administrator, or designee, at the time of permit application indicating the following:

a.

Plot dimensions;

b.

Adjoining streets and points of access to the plot;

c.

Location of all activities and temporary structures and setbacks from plot lines;

d.

Location and use of any permanent buildings and uses existing on the plot;

e.

Location and amount of existing off-street parking areas, proposed temporary additional off-street parking areas and aisles, including dimensions, location of traffic markings and signs.

(11)

Permit applications. A permit application shall be submitted to the city administrator or designee, at least 30 days prior to the outdoor event. The permit application shall include the following:

a.

The name and address of the applicant;

b.

The address and legal description of the plot where the event will be held;

c.

The date or dates of the event;

d.

The type of event and sponsor, if any;

e.

The plan;

f.

An executed performance bond;

g.

Proof of insurance;

h.

Notarized authorization of all property owners of record or their authorized agent, for use of the property for the outdoor event;

i.

The applicable processing and inspection fee, in accordance with the fee schedule in effect.

(12)

Agency reviews. Prior to issuance of a permit for an outdoor event, the following agencies shall review and approve the event in accordance with applicable statutes, ordinances and codes:

a.

City traffic engineering department;

b.

State health department, if approval is required;

c.

Public safety and fire rescue;

d.

City building department;

e.

City zoning department.

(13)

Permit issuance. The city shall review the application, inspect the plot, and either issue or reject the permit. Reasons for rejection shall be in writing to the applicant. If the application and plot are in compliance with this section and any other applicable code, statute or ordinance, the city administrator or designee, shall issue the permit. The permit must be posted on the plot for the duration of the outdoor event.

(14)

Site restoration. The permit holder shall be responsible for restoring the plot to its original condition within seven days after the end of the outdoor event. Failure to restore the site to its original condition shall result in forfeiture of the cleanup deposit to the city. The cleanup deposit shall be used for restoration of the location.

(15)

Posting of notice. The applicant must post a sign of sufficient size at least 30 days prior to the beginning date of the outdoor event in a visible location on each street frontage to inform the public of the dates and nature of the outdoor event which will be held on the property.

(16)

Not-for-profit corporations holding events on their own property. Not-for-profit corporations which:

a.

Hold outdoor events on their own property shall be subject to all of the requirements set forth in this section, except the requirements for obtaining a performance bond and a cleanup deposit. However, the not-for-profit corporation shall be responsible for restoring the plot to its original condition within seven days after the end of the outdoor event.

b.

Are within, abut or are adjacent to other residentially zoned districts which hold outdoor events on their own property shall be subject to the following requirements:

1.

No mechanical device, temporary sanitary facility, or animal associated with any outdoor event shall be closer than 50 feet from any residentially zoned plot. No activity, temporary tent, mechanical device, temporary sanitary facility or animal associated with any outdoor event shall be closer than 50 feet from a public or private street line.

2.

The not-for-profit corporation shall comply with the following provisions including: access, parking, lighting, temporary structures, signs, frequency and duration, liability insurance, plans, permit applications, agency reviews, permit issuance site restoration and posting of notice provisions of this chapter.

(Ord. No. 2007-02, exh. A, § 94, 2-21-2007; Ord. No. 2010-02, § 2, 1-20-2010; Ord. No. 2015-03, § 2, 8-19-2015)

(a)

Permit time periods. Permits for holiday wayside stands may be issued for the following holidays for the maximum time periods specified:

(b)

Application procedure. An application, signed by the applicant, for a holiday wayside stand permit shall be filed with the city administrator, or designee, at least 30 days prior to commencement of the sales period for Halloween and Christmas and at least 60 days prior to commencement of the sales period for Independence Day and New Year's Day. The application shall contain the following:

(1)

The notarized signature of the applicant;

(2)

The names and permanent addresses of all persons responsible for the management or supervision of the holiday wayside stand:

a.

The local address of such persons while engaged in such business;

b.

The capacity in which such person will act (that is, whether as proprietor, agent or otherwise);

(3)

The name and address of the person, firm or corporation for whose account the business will be conducted, if any, and if a corporation, under the laws of that state in which it is incorporated:

a.

The name and address of its registered agent in the state; and

b.

The federal employer's identification number (EIN) or social security number of the business owner;

(4)

The exact address and legal description of the property where the holiday wayside stand will be located;

(5)

Proof of a state sales tax number;

(6)

For vendors of pyrotechnical items who are required to register with the division of the state fire marshal of the department of insurance under F.S. ch. 791, proof of a completed registration form. Proof of actual registration shall be submitted prior to permit issuance;

(7)

Written, notarized permission from all owners of record of the property, or authorized agent of the owner, where the holiday wayside stand will be located;

(8)

Proof of a public premises liability insurance policy that provides coverage in the amount of $300,000.00 at each sales location, naming the city as an additional insured, and is issued by an insurance company authorized by the state department of insurance to do business in the state. The policy must be approved by the risk management division;

(9)

A surety bond or similar security acceptable to the city naming the city as beneficiary in the sum of $1,000.00 executed by the applicant, as principal, and a surety company authorized to do business in the state and on the list of the United States Treasury. Such security shall be approved by the city attorney, and shall be in effect for the duration of the sales period and for six months subsequent to the end of the sales period. The security shall be released at the conclusion of the six-month time period upon submittal of an affidavit from the applicant that all conditions of the security have been met. The conditions of such security shall be that:

a.

The applicant shall comply fully with all the provisions of this Code of Ordinances and all other applicable city, state or federal laws regarding the sale of goods as permitted;

b.

The applicant will pay all judgments rendered against said applicant for any violation of said laws; and

c.

The applicant will pay all judgments and costs that may be recovered against the applicant by any persons for damage from any misrepresentation or deceptive practice during the transacting of such business.

(c)

Not-for-profit corporations having holiday wayside stands on their own property. Not-for-profit corporations which have holiday wayside stands on their own property, for other than the sale of pyrotechnical items, shall not be subject to the requirements for obtaining a performance bond and a cleanup deposit. However, the not-for-profit corporation shall be responsible for restoring the plot to its original condition within seven days after the end of the sales period for the holiday wayside stand.

(d)

Number of permits. No permittee shall be issued more than ten permits. For the purpose of this subsection, the permittee shall be deemed the same if any one principal in the legal entity under which the permittee is operating is identical, regardless of the structure of the legal entity. At any given location permitted under this section, there shall be a maximum of one holiday wayside stand. Each individual sales location shall require a separate permit.

(e)

Permitted locations. Locations for sales of merchandise permitted under this section are subject to the following restrictions:

(1)

Pyrotechnical items may only be sold at locations within a commercial or industrial zoning district. Such sales shall not be permitted in areas located within 50 feet of:

a.

Any fuel storage facility of any kind; and

b.

Any area required to provide parking in connection with a restaurant or lounge.

(2)

Pyrotechnical items may be sold only if each sales location has been approved by the fire marshal.

(3)

Halloween and Christmas items may be sold at locations within a commercial or industrial zoning district, as well as from any property owned by a nonprofit organization, provided the nonprofit organization is conducting the holiday wayside stand operations for charitable or fundraising purposes and the purpose is specifically indicated on the permit application.

(4)

There shall be a minimum of 1,500 feet between any two locations permitted under this section. For purposes of determining which permit application of two or more applications proposing sites within 1,500 feet of one another shall be approved, the date and time each completed application is accepted for processing shall determine the priority.

(f)

Conditions of permits.

(1)

A permittee must, at the time the permit is issued, pay to the city a cleanup deposit fee of $250.00. The deposit will be returned if the permittee restores the permitted location to its original presale condition within one week subsequent to the end of the sales period. Otherwise, the deposit will be retained by the city and used to restore the location.

(2)

The permit issued pursuant to this section shall be posted conspicuously at the sales location.

(3)

No permit for the sale of pyrotechnical items may be issued unless such items may be lawfully sold pursuant to F.S. ch. 791.

(4)

One temporary structure for overnight storage of merchandise shall be permitted at each sales location, subject to compliance with all applicable codes and permit requirements. No temporary structure shall be used for temporary living quarters. Temporary storage structures shall be removed not more than one week after the end of the sales period.

(g)

Signs. One six-foot by six-foot sign on each side of the plot abutting a public street shall be permitted in connection with an approved holiday wayside stand during the sales period. Such signs shall comply with all applicable codes, including permitting requirements.

(Ord. No. 2007-02, exh. A, § 94, 2-21-2007; Ord. No. 2007-13, § 9, 9-5-2007)

(a)

On any plot used for residential purposes or not-for-profit purposes, four yard sales or markets may be held in a calendar year by the residents or owners of the plot to sell personal belongings or food to the public. Each yard sale or market may be for a maximum of three consecutive days.

(b)

No mechanical equipment, electricity, cooking, generators, gas, propane, lighting, mechanical rides or fireworks shall be permitted for an outdoor yard sale or market; otherwise an outdoor events permit shall be required.

(c)

Signs may not exceed two square feet in size and shall be exempt from permit requirements. The signs may not be displayed more than one day prior to the yard sale. Signs must be removed at the end of the yard sale.

(d)

Registration applications. All persons and entities shall register any yard sale or market. The registration application shall be submitted to the city administrator or designee, at least five days prior to the yard sale. The application shall include the following:

(1)

The name of the owner;

(2)

The address of the property where the yard sale will be held;

(3)

The date or dates of the event; and

(4)

Every applicant shall pay a $10.00 administrative fee.

(Ord. No. 2007-02, exh. A, § 95, 2-21-2007; Ord. No. 2010-02, § 3, 1-20-2010)