The Winter Haven Comprehensive Plan establishes the various future land use classifications and contains a future land use map indicating the location of lands to which each of the classifications applies. This unified land development code establishes zoning districts to implement the comprehensive plan through detailed regulations and design standards that apply generally to land uses and specifically to residential, commercial, industrial, institutional, recreation and conservation land uses in the various zoning districts.

The purpose of this article is to set forth the general provisions concerning the use of land, buildings and structures. The provisions established herein regulate land use, density and intensity, establish building lot and yard requirements, establish zoning districts that identify the location of land uses in the City, establish standards for land use, and provide for a map locating the permitted land uses in the City. All land in Winter Haven shall be subject to the provisions of this section, and shall be shown on the official zoning map as provided for in section 21-470. More than one (1) use permitted in a zoning district may be co-located on a single parcel of land, provided each can satisfy all other requirements of this Code.

(Ord. No. O-00-09, Art. 2 (2.01.00), 4-24-00)

(a)

The City hereby establishes the zoning districts listed in this section; in order to classify, regulate, and restrict the uses of land, water, buildings, and structures; to regulate and restrict the height and bulk of buildings; to regulate the area of yards, courts, and other open spaces between buildings; and to regulate the intensity of land uses within the City. Each zoning district established herein is consistent with the Winter Haven Comprehensive Plan, particularly with goals, objectives and policies and the maps of the future land use element.

(b)

The future land use designation of the property shall be the first consideration when designating a specific zoning classification on a parcel or parcels. However, a property owner shall not necessarily be entitled nor be automatically permitted the most dense or intense (highest and best) use or zoning for his or her property. The appropriate zoning district among the range of eligible zoning districts within a specific future land use classification shall be decided on a case by case basis dependent upon the location and characteristics of the subject property and upon determining that such zoning would promote the public health, safety, general welfare, convenience, aesthetics and economic order.

(Ord. No. O-00-09, Art. 2 (2.02.00), 4-24-00; Ord. No. O-21-58, § 1, 10-11-21)

The tables on the following pages present, in a quick-reference form, information regarding permitted and special exception land uses, and development standards for all zoning districts. These tables must be read in conjunction with the regulations for specific zoning districts in section 21-33. The allowable uses are in the far left column and zoning districts are listed across the top of the table. The key to the table is as follows:

P =

Permitted use

A =

Permitted accessory use

S =

Special use approval required

C =

Conditional use, board approval required

Note: For uses where both Accessory Use and Special Use are indicated in the table, Special Use approval is required for stand-alone uses only.

Table 21-32(A)
Table of Land Uses

(Ord. No. O-00-09, Art. 2 (2.02.02), 4-24-00; Ord. No. O-00-19, § 1, 7-10-00; Ord. No. O-00-28, § 1A, 10-2-00; Ord. No. O-01-18, § 1, 4-9-01; Ord. No. O-01-55, § 1, 10-8-01; O-01-59, Exh. A, 10-22-01; Ord. No. O-04-05, § 1(Exh. A), 2-9-04; Ord. No. O-06-96, § 1(Exh. A), 10-9-06; Ord. No. O-08-42, § 1(Exh. A), 5-12-08; Ord. No. O-10-35, § 5(Exh. A), 9-13-10; Ord. No. O-10-36, § 1(Exh. A), 9-13-10; Ord. No. O-12-08, § 3.B(Exh. C), 3-12-12; Ord. No. O-12-20, § 1, 5-29-12; Ord. No. O-13-28, § 1(Exh. A), 10-14-13; Ord. No. O-14-04, § 1(Exh. A), 4-14-14; Ord. No. O-15-19, § 1(Exh. A), 5-11-15; Ord. No. O-15-18-R, § 1, 8-24-15; Ord. No. O-17-06, § 3, 5-22-17; Ord. No. O-17-21, §§ 1, 2, 7-10-17; Ord. No. O-17-27, §§ 1, 2, 7-10-17; Ord. No. O-17-33, § 1, 10-23-17; Ord. No. O-17-40, § 1, 10-23-17; Ord. No. O-18-01, § 3, 1-22-18; Ord. No. O-18-61, § 1(Exh. A), 10-22-18; Ord. No. O-19-15, § 1, 4-22-19; Ord. No. O-19-43, § 1(Exh. A), 11-12-19; Ord. No. O-20-43, § 1, 11-9-20; Ord. No. O-21-04, § 1(Exh. A), 2-22-21; Ord. No. O-22-33, 1(Exh. A), 6-13-22; Ord. No. O-24-03, § 1(Exh. A), 1-22-24; Ord. No. O-24-04, § 2(Exh. B), 1-22-24; Ord. No. O-24-13, § 2(Exh. B), 3-25-24)

This section contains a description of each of the zoning districts established by the City and identifies: 1) the future land use classification or classifications that district is established to implement; 2) the intended purpose of each zoning district; and, 3) specific provisions that apply within a particular zoning district. In all districts the following applies:

(1)

Permitted uses are designated by the letter "P" in the table of land uses in section 21-32(A).

(2)

Uses permitted but requiring a special use approval are designated by the letter "S" in the table of land uses, section 21-32(A). The development approval process for special use approvals is found in Article VII, Division 7.

(3)

Uses requiring the highest level of review and usually granted with stringent conditions are known as conditional uses. These types of uses are designated by the letter "C" in the table of land uses, section 21-32. The development approval process for site development plans is found in Article VII, Division 6.

(4)

Accessory uses and structures are those that are customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 21-211 contains detailed guidance and regulations for permitted accessory uses.

(5)

Development standards for uses in all zoning districts are detailed in the table of development standards, section 21-32. Specifically, standards are established for maximum density; minimum lot size; minimum lot width; minimum lot depth; minimum floor area; floor area ratio (as applicable); setbacks; maximum lot coverage; and maximum building height. Additional development regulations are found throughout Article III, "Development Design and Improvement Standards."

(Ord. No. O-00-09, Art. 2 (2.02.03), 4-24-00; Ord. No. O-00-28, § 1(c), 10-2-00)

(a)

Permissible Future Land Use classifications. The AG zoning district may be assigned to properties designated as Neighborhood Rural and Conservation on the City's Future Land Use Map.

(b)

The purpose of the AG, Agriculture zoning category is to provide for agricultural activities within the City; and to provide for the continuation of agricultural tax exempt status established by Florida Statutes, on property that is at the perimeter of the City, is used for agriculture activities, and does not have any established urban land uses. In general, a wide range of agricultural pursuits and single family detached dwelling units at a maximum density of 0.20 dwelling units per gross acre are permitted.

(c)

Additional permitted uses:

(1)

Agricultural uses are permitted and include: The use of land for producing or harvesting crops or plants; for raising livestock or fish; for dairying; for forestry, fisheries, animal specialty farms or hunting, trapping and game propagation. Intense agricultural activities such as feed lots and egg production are not allowed within the City limits, unless they are pre-existing uses of the land prior to annexation.

(2)

Limited agricultural uses are permitted and include: Land uses in residential areas that are characterized as agricultural in nature and are limited to orchards; vineyards; nurseries; ornamental horticulture areas; groves; noncommercial greenhouses, bee keeping and raising of exotic species with the exception of venomous reptiles.

(d)

Building form standards. All development within the AG zoning district shall follow the building form standards as set forth below in Table 21-34.

Table 21-34
AG Zoning District Development Standards

(1)

Accessory structures and swimming pools may be permitted in the front yard provided a minimum one hundred (100) foot setback from the front lot line is met.

(2)

Accessory structures must comply with provisions located in section 21-102 of this Code.

(3)

Swimming pools must comply with provision located in section 21-103 of this Code.

(e)

Other requirements:

(1)

Excess produce and other products that are agricultural in nature and harvested from orchards, vineyards, nurseries, ornamental horticultural areas, groves, noncommercial greenhouses, as well as excess produce harvested from any commercial farm, may be sold on the premises to the general public by the means of a roadside stand or similar structure. Setbacks from rights-of-way and property lines shall be those required for an accessory structure.

(2)

Clubhouses and similar facilities are permitted on parcels retained by the developer or dedicated to and maintained by a homeowners association.

(Ord. No. O-00-09, Art. 2 (2.02.03.01), 4-24-00; Ord. No. O-17-40, § 2, 10-23-17; Ord. No. O-22-61, § 1(Exh. A), 10-10-22; Ord. No. O-23-60, § 1(Exh. A), 12-11-23)

(a)

Permissible Future Land Use classification. The RE zoning district may be assigned to properties designated as Neighborhood Rural on the City's Future Land Use Map.

(b)

The purpose of the RE, Residential Estate zoning district is to provide areas for single-family, very low density residential development with the necessary and incidental accessory uses that are normally located with the principal use. The maximum density permitted in this RE district shall not exceed two (2) dwelling units per gross acre.

(c)

Building form standards.

(1)

All development within the RE zoning district shall follow the building form standards as set forth below in Table 21-35.

Table 21-35
RE Zoning District Development Standards

(2)

Accessory structures and swimming pools may be permitted in the front yard provided a minimum one hundred (100) foot setback from the front lot line is met.

(3)

The total structure square footage of all accessory structures must be less than the total square footage of the principal structure.

(4)

Accessory structures must comply with provisions located in section 21-102 of this Code.

(5)

Swimming pools must comply with provision located in section 21-103 of this Code.

(d)

Other requirements:

(1)

Limited agricultural uses are permitted and are: Land uses in residential areas that are characterized as agricultural in nature and are limited to orchards; vineyards; nurseries; ornamental horticulture areas; groves; noncommercial greenhouses, bee keeping and raising of exotic species with the exception of venomous reptiles.

(2)

Clubhouses and similar facilities are permitted on parcels retained by the developer or dedicated to and maintained by a homeowners association.

(3)

Home occupation uses are permitted as long as they are an activity conducted in a residential dwelling unit that employs on-site only members of the immediate family residing there. Specific regulations are contained in section 21-201 of this Code.

(Ord. No. O-00-09, Art. 2 (2.02.03.02), 4-24-00; Ord. No. O-17-40, § 3, 10-23-17; Ord. No. O-21-25, § 1(Exh. A), 4-26-21; Ord. No. O-22-61, § 1(Exh. A), 10-10-22; Ord. No. O-23-60, § 1(Exh. A), 12-11-23)

(a)

Permissible Future Land Use classifications. The R-1 zoning district may be assigned to properties designated as Traditional Neighborhood Area and Neighborhood Suburban on the City's Future Land Use Map.

(b)

The purpose of the R-1, Single family Residential-Large Lot zoning district is to provide areas for single-family, low density residential development with the necessary and incidental accessory uses that are normally located with the principal use. The maximum density permitted in the R-1 district shall not exceed three (3) dwelling units per gross acre.

(c)

Building form standards. All development within the R-1 zoning district shall follow the building form standards as set forth below in Table 21-36A.

Table 21-36A
R-1 Zoning District Development Standards

(1)

Accessory structures and swimming pools may be permitted in the front yard provided a minimum one hundred (100) foot setback from the front lot line is met.

(2)

The total structure square footage of all accessory structures must be less than the total square footage of the principal structure.

(3)

Accessory structures must comply with provisions located in section 21-102 of this Code.

(4)

Swimming pools must comply with provision located in section 21-103 of this Code.

(5)

If no front entry garage is present, a minimum of twenty-five (25) feet of driveway length shall be located on the property from the public right-of-way.

(d)

Other requirements:

(1)

Clubhouses and similar facilities are permitted on parcels retained by the developer or dedicated to and maintained by a homeowners association.

(2)

Home occupation uses are permitted as long as they are an activity conducted in a residential dwelling unit that employs on-site only members of the immediate family residing there. Specific regulations are contained in section 21-201 of this Code.

(e)

Tree planting requirements.

(1)

A minimum of one tree shall be planted in the front and rear yard of any new lot created in the R-1 zoning district after April 26, 2021.

(2)

Yard trees shall be selected from one of the species identified in Table 21-36B.

Table 21-36B

(3)

Front yard trees shall be planted between five (5) feet and ten (10) feet from the sidewalk and outside of the center one-third (⅓) of the lot.

(4)

New lots preserving existing trees shall be exempt from compliance with 21-36(e)(1) provided the existing tree is a minimum ten (10) feet in height or contains a caliper of one and one-quarter (1¼) inches DBH.

(Ord. No. O-00-09, Art. 2 (2.02.03.03), 4-24-00; Ord. No. O-17-40, § 4, 10-23-17; Ord. No. O-21-25, § 2, (Exh. B), 4-26-21; Ord. No. O-22-61, § 1(Exh. A), 10-10-22; Ord. No. O-23-09, § 1(Exh. A), 2-27-23; Ord. No. O-23-60, § 1(Exh. A), 12-11-23)

(a)

Permissible Future Land Use classifications. The R-2 zoning district may be assigned to properties designated as Primary Mixed Use Hub, Traditional Neighborhood Area, and Neighborhood Suburban on the City's Future Land Use Map.

(b)

The purpose of the R-2, Single Family Residential-Small Lot zoning district is to provide areas for single-family, low to moderate density residential development, with the necessary and incidental accessory uses that are normally located with the principal use. Permitted densities in the R-2 zoning district shall range between two (2) and five (5) dwelling units per gross acre.

(c)

Building form standards.

(1)

All development within the R-2 zoning district shall follow the building form standards as set forth below in Table 21-37A.

Table 21-37A
R-2 Zoning District Development Standards

(2)

Lots measuring a minimum of 40-feet in width may be permitted provided vehicular access to the lot is provided from a new or existing alley right-of-way measuring a minimum of 20-feet in width with a minimum pavement width of twelve (12) feet.

(3)

Accessory structures and swimming pools may be permitted in the front yard provided a minimum one hundred (100) foot setback from the front lot line is met.

(4)

The total structure square footage of all accessory structures must be less than the total square footage of the principal structure.

(5)

Accessory structures must comply with provisions located in section 21-102 of this Code.

(6)

Swimming pools must comply with provision located in section 21-103 of this Code.

(7)

If no front entry garage is present, a minimum of twenty-five (25) feet of driveway length shall be located on the property from the public right-of-way.

(d)

Other requirements:

(1)

Clubhouses and similar facilities are permitted on parcels retained by the developer or dedicated to and maintained by a homeowners association.

(2)

Home occupation uses are permitted as long as they are an activity conducted in a residential dwelling unit that employs on-site only members of the immediate family residing there. Specific regulations are contained in section 21-211 of this Code.

(e)

Tree planting requirements.

(1)

A minimum of one tree shall be planted in the front and rear yard of any new lot created in the R-2 zoning district after April 26, 2021.

(2)

Yard trees shall be selected from one of the species identified in Table 21-37B.

Table 21-37B

(3)

Front yard trees shall be planted between five (5) feet and ten (10) feet from the sidewalk and outside of the center one-third (⅓) of the lot.

(4)

New lots preserving existing trees shall be exempt from compliance with 21-37(e)(1) provided the existing tree is a minimum ten (10) feet in height or contains a caliper of one and one-quarter (1¼) inches DBH.

(f)

Pre-existing Development.

(1)

Any house existing or permitted prior to April 26, 2021, shall not be subject to maximum setback requirements contained in Table 21-37A.

(Ord. No. O-00-09, Art. 2 (2.02.03.04), 4-24-00; Ord. No. O-00-28, § 1(D), 10-2-00; Ord. No. O-17-40, § 5, 10-23-17; Ord. No. O-21-25, § 3(Exh. C), 4-26-21; Ord. No. O-22-61, § 1(Exh. A), 10-10-22; Ord. No. O-23-09, § 1(Exh. A), 2-27-23; Ord. No. O-23-60, § 1(Exh. A), 12-11-23)

(a)

Permissible Future Land Use classifications: Primary Mixed Use Hub, Neighborhood Mixed Use Hub, Traditional Neighborhood Area, and Neighborhood Suburban.

(b)

The R-3, Multi-family Residential-Low Density zoning district is to provide areas for moderate density single family detached residential development, and a wide range of attached types of dwelling units with the incidental accessory uses that are normally located with the principal use.

Specific permitted uses, accessory uses, special uses, and conditional uses for the R-3 zoning district are contained in Table 21-32A of this Code.

In the R-3 zoning district, the maximum density shall not exceed twelve (12) dwelling units per gross acre. For parcels located within 2,640 feet (1/2 mile) of an established or proposed fixed transit route or within the area mapped as the Central Urban Core by the Comprehensive Plan's Future Land Use Map, the maximum permitted density may be increased up to fifteen (15) dwelling units per gross acre.

The minimum density for parcels within the R-3 zoning district shall be in accordance with the adopted Future Land Use which is described in Table 21-38A.

(c)

Locational criteria:

1.

The following locational criteria shall be followed when assigning R-3 zoning to parcels in the City:

a.

No parcels located beyond one thousand three hundred twenty (1,320) feet of a potable water line or sewer line shall be designated as R-3 on the Zoning Map. Existing parcels mapped as R-3 by the Official Zoning Map on or prior to October 23, 2017, shall not be subject to this requirement.

2.

The following locational criteria shall be considered when assigning R-3 zoning to parcels within the City:

a.

Proximity to existing or proposed transit routes;

b.

Proximity to multi-use trails;

c.

Proximity to public school facilities;

d.

Proximity to parks and recreational facilities;

e.

Proximity to supporting commercial and institutional uses.

(d)

Building form standards.

Notes for Tables 21-38B:

Note 1.

The Development Special Magistrate may hear requests to exceed the maximum lakefront lot size for existing or proposed lots with extraordinary environmental and/or topographic features or regulatory requirements which may require the creation of an exceptionally large lot.

Note 2.

The minimum 5 foot setback may be reduced to a minimum of 3 feet for a maximum of 50% of the side building elevation for certain architectural features. Items that are permitted for encroachment include carports, porches, building entrances, bay windows, and other architectural features as may be approved by the Development Special Magistrate.

Note 3.

Provided all applicable fire and building codes are met.

(1)

Accessory structures and swimming pools may be permitted in the front yard provided a minimum one hundred (100) foot setback from the front lot line is met.

(2)

The total structure square footage of all accessory structures must be less than the total square footage of the principal structure.

(3)

Accessory structures must comply with provisions located in Section 21-102 of this Code.

(4)

Swimming pools must comply with provision located in Section 21-103 of this Code.

(5)

If no front entry garage is present, a minimum of twenty-five (25) feet of driveway length shall be located on the property from the public right-of-way.

(6)

When a development site or parcel consists of multiple principal structures, only one (1) of the principal structures is required to comply with the maximum setback requirement.

(e)

Other requirements:

1.

Clubhouses and similar facilities are permitted on parcels retained by the developer or dedicated to and maintained by a homeowners association.

2.

No more than eight (8) attached units in a row per floor shall be constructed in any one building. Buildings containing between 6 and 8 units in a row per floor shall utilize a varying roof line. The variation may be in the form of elevation changes or the use of multiple roof styles. The Planning Commission may consider requests to increase the maximum number of contiguous units in a row per floor in a building from eight (8) up to a maximum of twelve (12).

3.

See Article III of this Code for landscaping, parking, site access, stormwater, and utility connection requirements.

4.

Where additional density is permitted based on proximity to a transit route or terminal, a sidewalk connection to the transit route or terminal shall be required.

5.

Any development creating three (3) or more lots of record shall require a subdivision plat meeting the standards found in Article III for the subdivision of land.

6.

Cluster or zero lot line developments. Cluster or zero lot line developments shall adhere to the special design standards below. Examples of cluster or zero lot line housing types include cluster houses, patio homes, garden homes, townhouses, zero lot line homes, and z-lot development housing types.

a.

A cluster or zero lot line development project comprising five (5) or more acres shall be required to provide no less than ten (10) percent of the total project area as park and recreational uses for the occupants of the project. Such park and recreational land shall be provided as common property under the management of a homeowners' association. Such lands may include playing fields, sport courts (indoor or outdoor), recreation buildings, open areas for passive or low intensity recreation use, picnic areas, nature trails, boardwalks, boat ramps, water bodies, and swimming pools.

b.

Where internal streets are to be retained in private ownership, a security gate or other form of barrier to restrict access may be installed. However, the developer or homeowners' association shall be responsible for providing access to emergency and other government or utility service vehicles into and within the project when necessary.

c.

Accessory structures may be located on the lot line with a zero setback from the property line provided that a minimum of five (5) feet is maintained from all structures on all adjoining lots.

(f)

Pre-existing Development.

1.

Any lot or parcel exceeding the maximum lot or parcel size that was legally created prior to October 23, 2017, shall be considered a legal conforming lot or parcel for the purposes of this Code.

2.

Any house or multi-family residential building containing an attached garage, and existing or permitted prior to October 23, 2017, shall be considered a legal conforming structure if the attached garage meets the minimum front yard setback for the living area of the house or multi-family residential building as provided for in Table 21-38B.

3.

Existing construction permitted on or before October 23, 2017, shall not be subject to maximum setback requirements contained in Table 21-38B.

(g)

Multi-family Conversions. The conversion of a single-family structure into three (3) or more residential units shall require special use approval from the Planning Commission. When considering a request for a conversion, the Planning Commission shall, at a minimum, consider the following: density, access to the property, ability to provide required on-site parking, and the impact on public school capacity.

(h)

The Development Special Magistrate is authorized to hear requests to vary building form standards contained in Table 21-38B. In addition to the criteria contained in Article VII of this Code for the granting of variances, the Development Special Magistrate may take into consideration the existing front yard and street side yard setbacks of principal structures located on the adjacent properties.

(Ord. No. O-00-09, Art. 2 (2.02.03.05), 4-24-00; Ord. No. O-00-28, § 1(E), 10-2-00; Ord. No. O-17-33, § 2, 10-23-17; Ord. No. O-22-61, § 1(Exh. A), 10-10-22; Ord. No. O-23-09, § 1(Exh. A), 2-27-23; Ord. No. O-23-60, § 1(Exh. A), 12-11-23)

(a)

[Purpose:] The purpose of R-4, multifamily residential-medium density zoning district is to provide areas for moderate to high density residential development, which permits a wide range of attached and detached types of dwelling units with the incidental accessory uses that are normally located with the principal use.

(b)

Permissible future land use classifications: Neighborhood Urban, Traditional Neighborhood Area, Primary Mixed Use Hub, Neighborhood Mixed Use Hub, and Regional Mixed Use Hub.

Specific permitted uses, accessory uses, special uses, and conditional uses for the R-4 zoning district are contained in Table 21-32(A) of this Code. Special use requests for commercial uses shall only be considered on parcels mapped as primary activity center, regional activity center, and neighborhood activity center on the future land use map. When approved, no commercial use shall exceed a floor area ratio of fifteen one hundredths (0.15).

(c)

Permitted development intensity. Permitted minimum and maximum residential density for parcels located within the R-4 zoning district shall be in accordance with Table 21-39A, density requirements.

(d)

Locational criteria: The following locational criteria shall be followed when assigning R-4 zoning to parcels in the City:

1.

No parcel located further than one thousand three hundred twenty (1,320) feet of a potable water line and sewer line shall be designated as R-4 on the zoning map.

(e)

Building form standards.

When permitted, non-residential uses shall follow the building form standards for apartments/condominiums.

;adv=6;Notes for Tables 21-39B:

Note 1.

The Development Special Magistrate may hear requests to exceed the maximum lakefront lot size for existing or proposed lots with extraordinary environmental and/or topographic features or where regulatory requirements may require the creation of an exceptionally large lot.

Note 2.

Provided that all applicable fire and building codes are met.

(1)

Accessory structures and swimming pools may be permitted in the front yard provided a minimum one hundred (100) foot setback from the front lot line is met.

(2)

The total structure square footage of all accessory structures must be less than the total square footage of the principal structure.

(3)

Accessory structures must comply with provisions located in section 21-102 of this Code.

(4)

Swimming pools must comply with provision located in section 21-103 of this Code.

(5)

If no front entry garage is present, a minimum of twenty-five (25) feet of driveway length shall be located on the property from the public right-of-way.

(6)

When a development site or parcel consists of multiple principal structures, only one (1) of the principal structures is required to comply with the maximum setback requirement.

(f)

Other requirements:

1.

Clubhouses and similar facilities are permitted on parcels retained by the developer or dedicated to and maintained by a homeowners association.

2.

No more than twelve (12) attached units in a row per floor shall be constructed in any one (1) building.

3.

Where a multi-unit building contains eight (8) or more units in a row per floor, the use of a varied roof line shall be required. The variation may be in the form of elevation changes or the use of multiple roof styles.

4.

See Article III of this Code for landscaping, parking, site access, stormwater, and utility connection requirements.

5.

Where additional density is permitted based on proximity to a transit route or terminal, a sidewalk connection to the transit route or terminal shall be required.

6.

Any development creating three (3) or more lots of record shall require a subdivision plat meeting the standards found in Article III of this Code.

(g)

Multifamily conversions: The conversion of a single-family structure into three (3) or more residential units shall require special use approval from the planning commission. When considering a request for a conversion, the planning commission shall consider the following: density, access to the property, ability to provide required on-site parking, and the impact on public school capacity.

(h)

Pre-existing development:

1.

Any lot or parcel exceeding the maximum lot or parcel size that was legally created prior to July 10, 2017, shall be considered a legal conforming lot or parcel for the purposes of this Code.

2.

Any house or multifamily residential building permitted prior to July 10, 2017, shall be considered a legal conforming structure if the minimum front, side, and rear setbacks for the living area of the house are met. Existing construction shall not be subject to the maximum setback requirements contained in Table 21-39B.

3.

Any single-family residential structure which has been converted to three (3) or more units prior to July 10, 2017, shall be considered a legal permitted use provided each living unit meets minimum living area requirements as set forth by Table 21-39B, and the total number of units located on the property does not exceed maximum density limitations as set forth in Table 21-39A.

(i)

Sign standards: All signage for residential properties shall follow the requirements contained in Article IV of this Code for residentially zoned properties. When permitted, commercial uses shall meet the following signage requirements:

1.

The use of electronic message center signs shall not be permitted.

2.

No sign permitted in the R-4 zoning district shall be internally illuminated. For externally illuminated signs, the light source shall not be visible from the right-of-way or from adjoining properties.

3.

All ground-mounted signs shall be limited to single monument sign. Maximum sign size shall be limited to twenty-five one hundredths (0.25) square feet per linear foot of lot frontage up to a maximum of twenty-five (25) square feet. No monument sign shall exceed six (6) feet in height.

4.

Wall signs shall be limited to a maximum total of seventy-five one hundredths (0.75) square feet per linear foot of building frontage up to a maximum of twenty-four (24) square feet.

(j)

The Development Special Magistrate is authorized to hear requests to vary building form standards contained in Table 21-39B and criteria relating to parking reductions contained in section 21-39(g). In addition to the criteria contained in Article VII of this Code for the granting of variances, the Development Special Magistrate may take into consideration impacts of the location of a building meeting the requirements above on adjoining properties.

(Ord. No. O-00-09, Art. 2 (2.02.03.06), 4-24-00; Ord. No. O-00-19, § 3(B), 4-24-00; Ord. No. O-17-27, § 3, 7-10-17; Ord. No. O-22-61, § 1(Exh. A), 10-10-22; Ord. No. O-23-09, § 1(Exh. A), 2-27-23; Ord. No. O-23-60, § 1(Exh. A), 12-11-23)

(a)

Permissible future land use classifications. The R-5 zoning district may be assigned to properties designated as Primary Mixed Use Hub, Neighborhood Urban, or Regional Mixed Use Hub on the City's future land use map.

(b)

The purpose of the R-5 multifamily residential- high density district is to provide areas of attached residential uses in multi-story buildings at high densities along with the incidental accessory and supporting uses that may be located with the principal use. Permitted minimum and maximum residential density for parcels located within the R-5 zoning district shall be in accordance with Table 21-40A, density requirements.

(c)

Building form requirements. All development within the R-5 zoning district shall follow the building form requirements as set forth below in Table 21-40B

Table 21-40B
R-5 Zoning District Development Standards

(1)

Accessory structures and swimming pools may be permitted in the front yard provided a minimum one hundred (100) foot setback from the front lot line is met.

(2)

The total structure square footage of all accessory structures must be less than the total square footage of the principal structure.

(3)

Accessory structures must comply with provisions located in section 21-102 of this Code.

(4)

Swimming pools must comply with provision located in section 21-103 of this Code.

(d)

Other requirements.

1.

Clubhouses and similar facilities are permitted on parcels retained by the developer or dedicated to and maintained by a homeowners/condominium association or management entity.

2.

Residential uses, established prior to October 24, 2000, up to one hundred twenty (120) dwelling units per gross acre shall be permitted in this district.

3.

Residential uses, established prior to October 24, 2000, up to two hundred (200) feet in height shall be permitted in this district.

4.

Where additional density is permitted based on proximity to a transit route or terminal, a sidewalk connection to the transit route or terminal shall be required.

(e)

Structured parking garages. To encourage the use of structured parking garages, uses that utilize structured parking garages instead of surface parking lots shall be permitted to increase the maximum lot coverage for the development site from sixty (60) percent to eighty (80) percent or increase the maximum building height by two (2) floors or twenty (20) feet. Where structured parking garages are used, the parking garage shall follow the requirements contained in Table 21-40B for principal structures.

(f)

Existing construction. Any multifamily residential building permitted prior to October 14, 2013, shall be considered a legal conforming structure if the minimum front, side and rear setbacks for the living area of the building are met. Existing construction shall not be subject to the maximum setback or minimum building height requirements contained in Table 21-40B.

(g)

Parking reductions for proximity to transit. Any permitted use located near a fixed transit route shall be entitled to the following reductions in the number of required on-site parking spaces.

1.

Adjacent to a transit route: Twenty-five (25) percent

2.

Within three hundred fifty (350) feet of a transit route: Twenty (20) percent

3.

Within six hundred sixty (660) feet of a transit route: Fifteen (15) percent

4.

Within one thousand three hundred twenty (1,320) feet of a transit route: Ten (10) percent

5.

Within one thousand three hundred twenty (1,320) feet of a transit terminal: Twenty-five (25) percent

To qualify for the parking reduction, a sidewalk network connecting the use and the transit route must either be in place, programmed for construction within three (3) years, or constructed by the property owner seeking the parking space reduction.

(Ord. No. O-00-09, Art. 2 (2.02.03.07), 4-24-00; Ord. No. O-00-19, § 3(C—E), 4-24-00; Ord. No. O-13-28, § 2(Exh. B), 10-14-13; Ord. No. O-22-61, § 1(Exh. A), 10-10-22; Ord. No. O-23-60, § 1(Exh. A), 12-11-23)

(a)

Permissible Future Land Use classifications. Neighborhood Suburban and Traditional Neighborhood Area.

(b)

The RM, Manufactured Home Park zoning district is established for the purpose of providing a district for manufactured homes in approved parks and subdivisions, occupied as single-family dwellings, with the intent of creating an environment of a residential character, designed to enhance living conditions and permitting only those uses, activities and services which are compatible with the residential environment. The RM zoning district is a residential district with a maximum density of eight (8) dwelling units per gross acre. The regulations contained in this section are intended to protect the residential character of manufactured home parks.

(c)

Building form standards. All development within the RM zoning district shall follow the building form standards as set forth below in Table 21-41.

Table 21-41
RM Zoning District Development Standards

(1)

The total structure square footage of all accessory structures must be less than the total square footage of the principal structure.

(2)

Accessory structures must comply with provisions located in section 21-102 of this Code.

(d)

Other requirements:

(1)

Manufactured homes must be skirted within thirty (30) days of siting.

(2)

Clubhouses and similar facilities are permitted on parcels retained by the developer or dedicated to and maintained by a homeowners association.

(3)

See Article III, Division 11 for additional development standards for manufactured home parks.

(4)

Home occupation uses are permitted as long as they are an activity conducted in a residential dwelling unit that employs on-site only members of the immediate family residing there. Specific regulations are contained in section 21-221 of this Code.

(Ord. No. O-00-09, Art. 2 (2.02.03.08), 4-24-00; Ord. No. O-00-19, § 3(F), 4-24-00; Ord. No. O-17-40, § 6, 10-23-17; Ord. No. O-22-61, § 1(Exh. A), 10-10-22; Ord. No. O-23-60, § 1(Exh. A), 12-11-23)

(a)

[Purpose.] The purpose of the MX, Mixed Use zoning district is to provide areas for a mixture of low intensity commercial uses and moderate density residential uses. Ideally, MX will be mapped as a transitional district between those areas which are predominately residential in character and those areas which are predominately commercial in character.

(b)

Land use classifications. The MX zoning district may be assigned to properties designated as Primary Mixed Use Hub, Regional Mixed Use Hub, Neighborhood Mixed Use Hub, Traditional Neighborhood Area, and Neighborhood Support on the City's future land use map.

Specific permitted uses, accessory uses, special uses, and conditional uses for the MX zoning district are contained in Table 21-32(a) of this Code.

(c)

Permitted development intensity.

(1)

Permitted minimum and maximum residential density for parcels located within the MX zoning district shall be in accordance with Table 21-42A, density requirements.

(2)

The maximum floor area ratio for commercial uses shall be as set forth in Table 21-42B.

(3)

Permitted development densities/intensities for parcels developed with commercial and residential uses shall be as set forth in Table 21-42C.

(d)

Building form standards. All development within the MX zoning district shall follow the building form standards as set forth in Table 21-42D.

(1)

Accessory structures and swimming pools may be permitted in the front yard provided a minimum one hundred (100) foot setback from the front lot line is met.

(2)

The total structure square footage of all accessory structures must be less than the total square footage of the principal structure.

(3)

Accessory structures must comply with provisions located in section 21-102 of this Code.

(4)

Swimming pools must comply with provision located in section 21-103 of this Code.

(e)

Other requirements.

(1)

See Article III of this Code for landscaping, parking, site access, stormwater, and utility connection requirements.

(2)

Where the required building setback is less than the required landscape buffer width, the landscape buffer may be reduced to the width of the minimum building setback for that portion of the buffer adjacent to the building.

(3)

Any new development or redevelopment that consists of an expansion of more than ten (10) percent in a building's leasable square footage or seating capacity, or a change in use from one (1) general use category in Table 21-32(A) to another general use category in Table 21-32(A) shall require the review and approval of a site plan as set forth by the City's site plan review procedures contained in Article VII of this Code.

(4)

Any development creating three (3) or more lots of record shall require a subdivision plat meeting the standards found in Article III of this Code.

(f)

Pre-existing development.

(1)

Any building permitted on or prior to July 10, 2017, shall be considered a legal conforming structure if the minimum front, side, and rear setbacks for the building are met. Existing construction shall not be subject to the maximum setback requirements contained in Table 21-42D.

(g)

Special parking provisions. To facilitate redevelopment of older, urban-scale lots found in the City's central urban core, as delineated on the adopted future land use map, the following special parking provisions shall be applied to parcels located within the central urban core:

(1)

Reduced parking space and drive aisle dimensions. The minimum size of standard parking spaces may be reduced to nine (9) feet wide by eighteen (18) feet deep with minimum eighteen-foot wide, two-way, or minimum ten-foot wide, one-way drive aisles under the following circumstances:

a.

The parcel width is less than seventy-five (75) feet.

b.

The parcel area is less than seven thousand five hundred (7,500) square feet.

(2)

On-street parking. Where on-street parking currently exists within three hundred fifty (350) feet, the amount of required on-site parking may be reduced by twenty (20) percent.

(3)

Parking in rear. Where a parcel abuts a paved alley, placement of required on-site parking is required to be placed within the rear yard area. Primary access to the parking area should be from the alley; however, secondary access from the street may be permitted.

(h)

Special landscaping requirements. To facilitate redevelopment of older, urban-scale lots found in the City's central urban core, as delineated on the adopted future land use map, the following special landscaping provisions shall be applied to those uses required to provide landscaping within the central urban core:

(1)

For parcels less than ten thousand (10,000) square feet in area or less than seventy-five (75) feet in width, all buffer yards required by Article III, Division 7 of this Code may be reduced to a minimum width of five (5) feet to facilitate placement of buildings, stormwater retention, and off-street parking.

(2)

For parcels less than seven thousand five hundred (7,500) square feet in area or less than sixty (60) feet in width, all buffer yards required by Article III, Division 7 of this Code may be reduced to facilitate placement of buildings, stormwater retention, and off-street parking as follows:

a.

The front yard buffer yard may be reduced to a minimum width of three (3) feet along with elimination of the requirement to plant over-story trees.

b.

The side buffer yard may be reduced to a minimum width of three (3) feet along with elimination of the requirement to install plantings provided a minimum six (6)-foot opaque fence is installed. The requirement for the fence shall not extend forward of the front building line of the principal structure.

(i)

Special sign requirements. Due to the unique nature of the MX zoning district, where residential and commercial uses may be located within close proximity of each other, the following special sign requirements shall apply to all properties fronting a local or collector street:

(1)

Permitted signage. All permanent signs shall either be wall signs or ground signs consisting of monument type signs.

(2)

Sign height, structure, and setbacks. Monument signs shall have a maximum permitted height of eight (8) feet and shall be setback a minimum of three (3) feet from any property line or public sidewalk located outside of the right-of-way. The monument sign structure shall not exceed 80 square feet in area.

(3)

Sign area. The maximum sign area for individual parcels shall be as indicated in the table below. Signage may be distributed between the front and side street elevations of the parcel only. Signs located on the interior side and rear elevations shall not be permitted; however, businesses with rear access from an alley may be permitted an additional identification sign not to exceed sixteen (16) square feet in area and six (6) feet in height.

(4)

Electronic message center signs. The use of electronic message centers for the display of changeable copy may be permitted. Messages displayed by the electronic message center shall change no more frequently than once every twenty (20) seconds. The electronic message center shall not exceed twenty-five (25) percent of the copy area of the sign structure in which it is installed; however, in no case shall an electronic message center sign exceed sixteen (16) square feet in area. No electronic message center shall be permitted unless it is part of another legally approved sign structure. No electronic message center sign shall operate between the hours of 8:00 p.m. (9:00 p.m. during daylight savings time) and 8:00 a.m.

(5)

Portable signs. Except for a single sandwich board/easel/A-frame type sign up to eight (8) square feet in area, the use of portable ground signs, including commercial and decorative flags and balloons, shall not be permitted. Portable sandwich board/easel/A-frame signs shall be removed from the front yard area of the parcel at the conclusion of business each day. No permit is required for the sandwich board/easel/A-frame type sign.

The use of a building-mounted grand opening or special event banner shall be permitted provided the size of the banner does not exceed thirty-two (32) square feet and is not displayed for a period greater than sixty (60) days. A permit for these types of banners may be issued up to twice per calendar year.

All other provisions from the City's sign requirements contained in Article IV of this Code, which are not in conflict with these special requirements, shall apply.

(j)

The Development Special Magistrate is authorized to hear requests to vary building form standards contained in Table 21-42D and criteria relating to parking reductions contained in section 21-42(g). In addition to the criteria contained in Article VII of this Code for the granting of variances, the Development Special Magistrate may take into consideration impacts of the location of a building in meeting the requirements contained in Table 21-42D on adjoining properties.

(Ord. No. O-00-09, Art. 2 (2.02.03.09), 4-24-00; Ord. No. O-08-42, § 2, 5-12-08; Ord. No. O-17-21, § 3, 7-10-17; Ord. No. O-21-57-REVISED, § 1, 9-14-21; Ord. No. O-22-61, § 1(Exh. A), 10-10-22; Ord. No. O-23-60, § 1(Exh. A), 12-11-23)

(a)

Permissible future land use classification: Primary Mixed Use Hub.

(b)

The purpose of the C-1, Commercial-Downtown zoning district is to provide for residential, office, commercial, institutional, and cultural uses in the City's downtown. Within the C-1 zoning district, the following development intensity standards shall apply to individual parcels:

(c)

Mixed uses. The C-1 zoning district permits both commercial and multifamily residential uses with the goal of creating a highly urbanized, interactive core of the City where residents have opportunities to live, work, shop, learn, and socialize in close proximity. For parcels developed with both residential and commercial uses, the breakdown of residential and commercial intensities permitted on a parcel shall be as follows:

(d)

Building form standards. All development within the C-1 zoning district shall follow the building form standards as set forth below:

(1)

Accessory structures must comply with provisions located in section 21-102 of this Code.

(2)

Swimming pools must comply with provision located in section 21-103 of this Code.

(e)

Additional development standards. In recognition of the unique, historic quality of this district, and the unique arrangements and orientation of the buildings along downtown streets, the following development standards will apply to parcels located in the C-1 zoning district:

(1)

Within the C-1 district, all land uses are exempt from requirements to provide off-street parking, off-street loading areas, and landscaping; however, where feasible, best management practices (BMP) shall be implemented for on-site stormwater collection and treatment.

(2)

It is the intent of this Code to encourage the construction and remodeling and renovation in this zoning district. The City commission finds that it is in the best interest of the City that revitalization occur within this zoning district through the efforts of private enterprise, with the cooperation of local government.

(3)

In this district, the owner may erect or repair awnings, balconies, overhangs, or similar structures over public property provided they meet all existing building code requirements for construction, do not extend below eight (8) feet in height above the existing sidewalk, do not exceed or extend beyond a vertical line extending upward from a point thirty-six (36) inches inside the existing curb line, and do not interfere with existing utilities.

(f)

Existing construction. Buildings existing or permitted prior to August 24, 2015 shall not be subject to the maximum building setback and minimum building height requirements contained in section 21-43(b).

(Ord. No. O-00-09, Art. 2 (2.02.03.10), 4-24-00; Ord. No. O-00-19, § 3(G), 7-10-00; Ord. No. O-08-42, § 3, 5-12-08; Ord. No. O-15-18-R, § 2, 8-24-15; Ord. No. O-22-61, § 1(Exh. A), 10-10-22; Ord. No. O-23-60, § 1(Exh. A), 12-11-23)

(a)

Permissible Future Land Use classifications. The C-2 zoning district may be assigned to properties designated as Primary Mixed Use Hub, Regional Mixed Use Hub, Neighborhood Mixed Use Hub, or Neighborhood Support on the City's Future Land Use Map.

(b)

The purpose of the C-2, Commercial-Neighborhood zoning district is intended primarily to meet the low intensity shopping and service needs of surrounding neighborhoods generally located within two (2) miles. Retail stores are intended to include convenience, fashion and durable goods.

(c)

Permitted Development Intensity

1.

The maximum Floor Area Ratio (FAR) for commercial uses located in the C-2 zoning district shall be as set forth in Table 21-44A.

(d)

Building form standards. All development within the C-2 zoning district shall follow the building form standards as set forth below in Table 21-44B.

(1)

The total structure square footage of all accessory structures must be less than the total square footage of the principal structure.

(2)

Accessory structures must comply with provisions located in section 21-102 of this Code.

(3)

Swimming pools must comply with provision located in section 21-103 of this Code.

(e)

Additional development requirements:

1.

See Article III of this Code for landscaping, parking, site access, stormwater, and utility connection requirements.

2.

Bed and breakfast: Property shall front on a collector or arterial roadway. Primary points of ingress-egress shall connect to such roadway. Signs shall be in accordance with regulations in Article IV. Parking requirements are one (1) space per room/unit available for rent.

(Ord. No. O-00-09, Art. 2 (2.02.03.11), 4-24-00; Ord. No. O-00-19, § 3(H), 7-10-00; Ord. No. O-08-42, § 4, 5-12-08; Ord. No. O-21-04, § 2(Exh. B), 2-22-21; Ord. No. O-22-61, § 1(Exh. A), 10-10-22; Ord. No. O-23-60, § 1(Exh. A), 12-11-23)

(a)

Permissible Future Land Use classifications. The C-3 zoning district may be assigned to properties designated as Primary Mixed Use Hub, Regional Mixed Use Hub, Neighborhood Mixed Use Hub, or Neighborhood Support on the City's Future Land Use Map.

(b)

The purpose of the C-3, Commercial-Highway zoning district is to provide locations for those business establishments which require considerable ground area, a conspicuous and accessible location, and typically have a market area greater than two (2) miles. In support of these businesses, compatible, higher density residential development within areas zoned C-3 is also appropriate. The C-3 zoning district is typically assigned to those parcels with frontages on arterial or collector streets; however, assignment of the C-3 zoning district to parcels fronting local streets may be appropriate where the parcel is in close proximity to an arterial or collector street.

(c)

Permitted Development Intensity.

1.

Permitted development densities for residential uses shall be as set forth in Table 21-45A.

2.

The maximum Floor Area Ratio (FAR) for commercial uses located in the C-3 zoning district shall be as set forth in Table 21-45B.

3.

For parcels developed with both residential and commercial uses, the breakdown of residential and commercial intensities permitted on a parcel shall follow the Future Land Use designation's allowance as adopted in the City's Comprehensive Plan.

(d)

Building form standards. All development within the C-3 zoning district shall follow the building form standards as set forth below in Table 21-45C.

(1)

The total structure square footage of all accessory structures must be less than the total square footage of the principal structure.

(2)

Accessory structures must comply with provisions located in section 21-102 of this Code.

(3)

Swimming pools must comply with provision located in section 21-103 of this Code.

(e)

Additional development requirements.

(1)

See Article III of this Code for landscaping, parking, site access, stormwater, and utility connection requirements.

(2)

Minimum living area for residential units shall be four hundred (400) square feet of conditioned space.

(Ord. No. O-00-09, Art. 2 (2.02.03.12), 4-24-00; Ord. No. O-08-42, § 5, 5-12-08; Ord. No. O-21-04, § 3(Exh. C), 2-22-21; Ord. No. O-22-61, § 1(Exh. A), 10-10-22; Ord. No. O-23-60, § 1(Exh. A), 12-11-23)

(a)

Permissible Future Land Use classifications. The C-4 zoning district may be assigned to properties designated as Primary Mixed Use Hub, Regional Mixed Use Hub, Neighborhood Mixed Use Hub, or Neighborhood Support on the City's Future Land Use Map.

(b)

The purpose of the C-4 Commercial-Heavy zoning district is to provide locations for a combination of retail, wholesale, distribution and light manufacturing businesses that serve the entire City and markets beyond the City limits. In addition to large retail and service activities with outdoor storage, the district permits the manufacture of small articles and non-objectionable products and limited production and processing operations. Generally, such districts are served by arterial and major collector streets.

(c)

Permitted Development Intensity.

1.

The maximum Floor Area Ratio (FAR) for commercial uses located in the C-4 zoning district shall be as set forth in Table 21-46A.

(d)

Building form standards. All development within the C-4 zoning district shall follow the building form standards as set forth below in Table 21-46B.

(1)

The total structure square footage of all accessory structures must be less than the total square footage of the principal structure.

(2)

Accessory structures must comply with provisions located in section 21-102 of this Code.

(3)

Swimming pools must comply with provision located in section 21-103 of this Code.

(e)

Additional development requirements.

(1)

See Article III of this Code for landscaping, parking, site access, stormwater, and utility connection requirements.

(Ord. No. O-00-09, Art. 2 (2.02.03.13), 4-24-00; Ord. No. O-21-04, § 4(Exh. D), 2-22-21; Ord. No. O-22-61, § 1(Exh. A), 10-10-22; Ord. No. O-23-60, § 1(Exh. A), 12-11-23)

(a)

Permissible Future Land Use classification. The I-1 zoning district may be assigned to properties designated as Industrial on the City's Future Land Use Map.

(b)

The purpose of the I-1 Industrial-Light zoning district is to provide areas for the manufacture of small articles and nonobjectionable products not involving the use of any materials, processes or machinery likely to cause undesirable effects upon nearby or adjacent business and residential property.

(c)

Permitted Development Intensity.

1.

The maximum Floor Area Ratio (FAR) for industrial uses located in the I-1 zoning district shall be as set forth in Table 21-47A.

(d)

Building form standards. All development within the I-1 zoning district shall follow the building form standards as set forth below in Table 21-47B.

(1)

The total structure square footage of all accessory structures must be less than the total square footage of the principal structure.

(2)

Accessory structures must comply with provisions located in section 21-102 of this Code.

(3)

Swimming pools must comply with provision located in section 21-103 of this Code.

(e)

Additional development requirements.

1.

See Article III of this Code for landscaping, parking, site access, stormwater, and utility connection requirements.

(Ord. No. O-00-09, Art. 2 (2.02.03.14), 4-24-00; Ord. No. O-08-42, § 6, 5-12-08; Ord. No. O-21-04, § 5(Exh. E), 2-22-21; Ord. No. O-22-61, § 1(Exh. A), 10-10-22; Ord. No. O-23-60, § 1(Exh. A), 12-11-23)

(a)

Permissible Future Land Use classification. The I-2 zoning district may be assigned to properties designated as Industrial on the City's Future Land Use Map.

(b)

The purpose of the I-2, Industrial-Heavy zoning district is to provide areas for manufacturing, or the use of processes or machinery having the potential to cause undesirable effects upon nearby residential or business properties.

(c)

Permitted Development Intensity.

1.

The maximum Floor Area Ratio (FAR) for industrial uses located in the I-2 zoning district shall be as set forth in Table 21-48A.

(d)

Building form standards. All development within the I-2 zoning district shall follow the building form standards as set forth below in Table 21-48B.

(1)

The total structure square footage of all accessory structures must be less than the total square footage of the principal structure.

(2)

Accessory structures must comply with provisions located in section 21-102 of this Code.

(e)

Additional development requirements.

1.

See Article III of this Code for landscaping, parking, site access, stormwater, and utility connection requirements.

(Ord. No. O-00-09, Art. 2 (2.02.03.15), 4-24-00; Ord. No. O-08-42, § 7, 5-12-08; Ord. No. O-21-04, § 6(Exh. F), 2-22-21; Ord. No. O-22-61, § 1(Exh. A), 10-10-22; Ord. No. O-23-60, § 1(Exh. A), 12-11-23)

(a)

Permissible Future Land Use classifications. The PI zoning district may be assigned to properties designated as Primary Mixed Use Hub, Regional Mixed Use Hub, Neighborhood Mixed Use Hub, Industrial, and Institutional on the City's Future Land Use Map.

(b)

The purpose of the PI, Public Institutional zoning district is to establish locations for existing or future public and private institutional uses, such as local, State and Federal government buildings and facilities; schools, hospitals, major medical clinics, hospices, nursing homes, adult and child care facilities, churches, colleges and universities.

(c)

Permitted Development Intensity. The maximum Floor Area Ratio (FAR) for uses located in the PI zoning district shall be 0.90.

(d)

Building form standards. All development within the PI zoning district shall follow the building form standards as set forth below in Table 21-49A.

(1)

The total structure square footage of all accessory structures must be less than the total square footage of the principal structure.

(2)

Accessory structures must comply with provisions located in section 21-102 of this Code.

(3)

Swimming pools must comply with provision located in section 21-103 of this Code.

(e)

Additional development requirements.

1.

See Article III of this Code for landscaping, parking, site access, stormwater, and utility connection requirements.

2.

Elevated water tanks shall be exempt from meeting the maximum building height requirements.

(Ord. No. O-00-09, Art. 2 (2.02.03.16), 4-24-00; Ord. No. O-08-42, § 8, 5-12-08; Ord. No. O-21-04, § 7(Exh. G), 2-22-21; Ord. No. O-22-61, § 1(Exh. A), 10-10-22; Ord. No. O-23-60, § 1(Exh. A), 12-11-23)

(a)

Permissible Future Land Use classifications. The PR zoning district may be assigned to properties located in any Future Land Designation.

(b)

The purpose of the PR, Recreation zoning district is to establish locations for recreation facilities and properties reserved for open space.

(c)

Permitted Development Intensity. The maximum Floor Area Ratio (FAR) for uses located in the PR zoning district shall be 0.35.

(d)

Building form standards. All development within the PR zoning district shall follow the building form standards as set forth below in Table 21-50A.

(1)

The total structure square footage of all accessory structures must be less than the total square footage of the principal structure.

(2)

Accessory structures must comply with provisions located in section 21-102 of this Code.

(3)

Swimming pools must comply with provision located in section 21-103 of this Code.

(e)

Additional development requirements.

1.

See Article III of this Code for landscaping, parking, site access, stormwater, and utility connection requirements.

2.

Minimum building spacing shall be fifteen (15) feet.

(Ord. No. O-00-09, Art. 2 (2.02.03.17), 4-24-00; Ord. No. O-21-04, § 8(Exh. H), 2-22-21; Ord. No. O-22-61, § 1(Exh. A), 10-10-22; Ord. No. O-23-60, § 1(Exh. A), 12-11-23)

(a)

Permissible Future Land Use classifications. The CN zoning district may be assigned to properties located in any Future Land Designation.

(b)

The purpose of the CN, Conservation zoning district is to preserve the proper functioning of natural resources, such as wetlands, floodplains, and groundwater/aquifer recharge areas. Certain, limited agricultural uses are also permitted in this district.

(c)

Permitted Development Intensity.

1.

The maximum permitted residential density in the CN zoning district shall be 0.2 dwelling units per gross acre.

2.

The maximum Floor Area Ratio (FAR) for uses located in the CN zoning district shall be 0.02.

(d)

Building form standards. All development within the CN zoning district shall follow the building form standards as set forth below in Table 21-51A.

(e)

Additional development requirements.

1.

See Article III of this Code for landscaping, parking, site access, stormwater, and utility connection requirements.

2.

In association with agricultural uses, customary uses that are secondary and incidental to agricultural uses are permitted.

3.

Minimum living area for residential units shall be five hundred (500) square feet of conditioned space.

(Ord. No. O-00-09, Art. 2 (2.02.03.18), 4-24-00; Ord. No. O-21-04, § 2(Exh. B), 2-22-21; Ord. No. O-23-60, § 1(Exh. A), 12-11-23)

(a)

The purpose of this section is to establish criteria for identifying structures and sites of historical significance in the City, and to establish minimum procedures to preserve them. All properties listed in the National Register of Historic Places and/or the Florida Master Site File of Historic Places shall be presumed to meet the above criteria, and shall be classified as designated historic sites. The City commission, after receiving recommendation(s) from the planning commission, may designate historic sites based on the following criteria:

(1)

The site or structure is associated with events that are significant to local, State, or national history; or the site or structure embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction;

(2)

The property is one that, by its location, design, setting, materials, workmanship, feeling and association adds to the City's sense of time and place and historical development;

(3)

The property's design, setting, materials, workmanship, feeling and association have not been so altered that the overall integrity of the site has been irretrievably lost; and

(4)

The structure or site is more than fifty (50) years old. Structures or sites less than fifty (50) years old may be designated, if there is a strong justification concerning its architectural merit, or the historical attributes of the structure or site are considered to be especially valuable.

The planning director may issue an official certificate of historic significance to the owners of designated historic sites, and is authorized to issue and place official signs at such locations. Structures and buildings classified as designated historic sites shall be entitled to modified enforcement of the 1994 Standard Building Code, as provided in Chapter 34, section 3401.5 and as amended, which is published by the Southern Standard Building Code Congress International, Inc.

(b)

No demolition, alteration, or relocation of a historic structure shall be permitted, except as provided below:

(1)

Work that does not require a construction permit and that is done to repair damage or prevent deterioration or decay of a structure, or any part thereof, shall be conducted so as to restore the structure to a condition equal to or as nearly so to its condition prior to the damage, deterioration, or decay;

(2)

Activity approved by the planning director that restores the structure's original appearance, or a reasonable approximation.

(3)

Nothing in this section shall prevent the City from exercising its responsibility to inspect and condemn any dilapidated historic structure that presents a nuisance or danger to public health and safety.

(c)

All new construction within a designated historic site shall be reviewed by the planning commission and approved by the City Commission. New structures, parking lots, drainage facilities, and other facilities shall be depicted on a site plan that shall be submitted to the planning director prior to review by the planning commission. All site alterations shall be consistent with the approved site plan.

In approving new structures or facilities on a historic site, the City Commission shall determine that the proposal will not hinder the use or enjoyment of the historic site or surrounding historic properties. Also, the commission shall find that the new site feature(s) would be hidden from view to the greatest extent possible and/or are appropriate and compatible with the balance of the site and adjacent historic sites. The commission may place any conditions on an approval that it determines are necessary to protect the integrity of the historic site or area.

(Ord. No. O-00-09, Art. 2 (2.03.01), 4-24-00)

Special needs homes and facilities is a general category of uses that includes a range of facilities and homes identified in Florida Statutes as providing for the shelter and care of individuals with common needs. The homes and facilities are divided into two (2) groups that have similar characteristics: family care homes and care facilities. Family care homes are permitted in all residential districts by statute. Other care facilities, such as nursing homes, assisted living facilities and child care facilities may be regulated as to location and conditions of operation by local government. Article IX of this chapter defines each family home and care facility.

(Ord. No. O-00-09, Art. 2 (2.03.03), 4-24-00)

(a)

Family foster homes, family day care homes and adult family-care homes are permitted in residential areas in homes occupied by the family that provides the licensed care. These types of family care homes are not subject to local zoning laws because they are owner-occupied and because only a small number of persons can be cared for in each home. Licensing, registration, occupancy and other matters are regulated under specific provisions of the Florida Statutes. They are included as a group in the Table of Land Uses (Table 21-31(A)), and permitted in all residential zoning districts.

(b)

Where State law permits such uses in residential zoning districts, no sign indicating the purpose or nature of the facility shall be permitted.

(c)

Play areas and playgrounds at family care homes shall be shaded a minimum of fifty (50) percent by canopy trees. The list of appropriate trees is found in Article III, section 21-127.

(d)

Any violation of applicable State statute or regulations shall be deemed a violation of this Code, and shall constitute grounds for termination of the use.

(Ord. No. O-00-09, Art. 2 (2.03.03), 4-24-00)

(a)

Care facilities may provide short-term or up to 24-hour care. These care facilities provide for adults or children, elderly and the infirm and are subject to local zoning laws. They are generally most appropriately located in commercial areas, but may, with conditions, be located in residential districts. They are licensed or registered by the State of Florida according to separate and specific provisions of the Florida Statutes. The facilities are listed as a group in the Table of Land Uses (Table 21-31(A)), and permitted in commercial zoning districts.

(b)

Any violation of applicable State statute or regulations shall be deemed a violation of this Code, and shall constitute grounds for termination of the use.

(Ord. No. O-00-09, Art. 2 (2.03.04), 4-24-00)

No structure shall be moved from one (1) development site to another unless such structure shall, at the new location, comply with all applicable provisions of this Code.

(Ord. No. O-00-09, Art. 2 (2.03.05), 4-24-00)

Where a single lot or parcel that has been recorded in the public records of Polk County under a unified legal description, and is subsequently divided by a public right-of-way, road, alley or major easement, the following standards shall apply:

(a)

Where the land area on each side of the right-of-way or easement meets the minimum lot width and area required by the applicable zoning district, the property shall be considered two (2) lots.

(b)

Where the land area on one (1) or both sides of the right-of-way or easement fails to meet the minimum size requirement, then the property shall be considered one (1) lot for the purposes of this Code. A principal structure may be located on the larger portion of the property, if it meets the minimum lot width and area required by the applicable zoning district.

(c)

No proposed subdivision plat that includes a lot divided by a right-of-way or easement shall be approved, unless such lot meets the minimum lot requirements on one (1) side of the right-of-way or easement required by the applicable zoning district.

(Ord. No. O-00-09, Art. 2 (2.03.06), 4-24-00)

No existing lot shall be reduced in area or dimension below the minimum requirements of this Code applicable to such lot, except when a lot is reduced in dimension or total area by the dedication and acceptance of a portion of such lot for a public use. In such cases, lots reduced by twenty (20) percent or less, shall be considered to contain the dimensions and area it contained prior to such dedication. Where the front, rear or side of the lot is not reduced by the voluntary dedication, the setback requirements of this Code shall apply.

(Ord. No. O-00-09, Art. 2 (2.03.07), 4-24-00)

(a)

Permitting. All walls of any height and permanent fences over six (6) feet in height shall require a permit from the City. Applications for a permit shall include a plan which details the proposed wall or fence, including location in relation to property lines and easements, height, as well as any other information deemed necessary by the City for reviewing the application. Walls of any height and fences over six (6) feet in height shall be designed and constructed to withstand a maximum sustained wind speed and a maximum wind gust as regulated by applicable sections of the Florida State Building Code, as amended.

(b)

No fence, wall, or hedge shall be constructed or planted in any right-of-way, except as may be placed as part of a public highway safety or beautification project.

(c)

The following uses shall be exempt from the below requirements unless specifically stated:

(1)

Utility and power substations;

(2)

Water and wastewater facilities;

(3)

Public swimming facilities;

(4)

Stormwater retention ponds;

(5)

Public school facilities; and

(6)

Retaining walls.

(d)

No fences or walls shall be installed, constructed, or erected without complying with the following regulations:

(1)

All fences and walls, except those exempted by this section, shall adhere to the following maximum height standards:

i.

The front yard includes from the front property line to the front building line of the principal structure.

ii.

Fences or walls placed on property presently being utilized for residential purposes and located in the C-3, C-4, I-1, or I-2 zoning districts shall have a maximum fence height of six (6) feet in the front, rear, and side yards.

iii.

If a Planned Unit Development does not address fence or wall standards, the following shall apply:

a.

Single-family uses shall adhere to fence or wall standards for the R-2 zoning district.

b.

Multi-family uses shall adhere to fence or wall standards for the R-3 zoning district.

c.

Commercial uses shall adhere to fence or wall standards for the C-3 zoning district.

d.

Industrial uses shall adhere to fence or wall standards for the I-1 zoning district.

e.

Institutional uses shall adhere to fence or wall standards for the PI zoning district.

f.

Recreation uses shall adhere to fence or wall standards for the PR zoning district.

(2)

Fences must be constructed of new materials designed for that purpose or aged for proper architectural effect. Fences having a side with exposed or irregular structural components, and a more finished, uniform and aesthetically attractive side, shall be constructed and installed so that the more finished side faces outward from the fences' property toward the adjoining property.

(3)

Except for fences in the C-4, I-1 and I-2 zoning districts, no fence shall contain any substance designed or reasonably likely to inflict injury to any person or animal, including, but not limited to, razor or barbed wire, glass or electrically charged wire. In C-4, I-1 and I-2 zoning districts, three (3) strands of barbed wire may be used on top of a six-foot fence. Barbed wire may also be used in the AG zoning district.

(4)

In addition to the above requirement, all fences shall comply with article II, section 21-103, fencing requirements for swimming pools, and any other City ordinances or applicable building code requirements related to fencing.

(5)

Notwithstanding the provisions of this section, the use of security fencing may be used at sites, such as electrical substations and communications facilities, where such fencing is required by federal, state or local law, or other sections of this Code. Further, temporary security fencing may be utilized for construction sites while a permit for the work is active for the construction site. All temporary fences shall be removed prior to the issuance of a certificate of occupancy.

(e)

The Development Special Magistrate may, upon specific approval, grant a variance to the above height limitations if a valid circumstance exists such as the character of the neighborhood, slope or terrain, architectural necessity, or a residentially zoned lot abutting a commercial establishment.

(f)

The following shall apply to any fence or wall, including those identified in Section 21-68(c): The property owner shall maintain any fence, wall, or retaining wall to its original designed condition. Missing boards, pickets, posts, gates, etc. shall be replaced in a timely manner with material of the same type, quality, and finish as the existing fence or wall. Repairs to all walls of any height, any fence over six (6) feet in height, and all retaining walls shall require a building permit.

(g)

All retaining walls shall be installed a minimum setback of five (5) feet from the property line.

(h)

Single-family subdivisions may have decorative subdivision screening walls or fences. The wall or fence height shall be no greater than six (6) feet in height and the poles/columns shall be no greater than eight (8) feet in height provided all of the following criteria are met:

(1)

The wall or fence shall be constructed of brick, stucco, split-face block, wrought iron, wood, stone, vinyl, or a combination thereof. Synthetic materials made to appear as one (1) of the approved materials may be substituted, as approved by the Economic Opportunity and Community Investment director or his/her designee.

(2)

The total design and construction of the wall including, but not limited to, overall configuration, articulation, material, and color, shall be in such a manner that is residential in character and in keeping with established Central Florida architecture. In connection with such character, all masonry materials (brick, block, stucco, stone) or related simulated materials shall be finished with a warm, earth-tone color, such as brown, beige, or gray.

(3)

The wall shall be installed a minimum setback of five (5) feet from the property line.

(4)

No portion of the wall shall be located within any easement.

(i)

The use of berms for screening and buffering in place of a wall or fence is encouraged. Berms provide a natural, more aesthetically pleasing form of screening between differing land uses. The following design criteria shall apply to all new berms constructed in the City:

(1)

Berms shall not exceed five (5) feet in height. Berms over two (2) feet in height are required to remain outside of any visibility triangle as defined by section 21-126.

(2)

No berm shall have a slope greater than twenty-five (25) percent.

(3)

All berms shall be planted with grass or other approved ground covers to ensure stability and prevent erosion.

(4)

Continuous berms greater than two hundred fifty (250) feet in length shall be interrupted, at a minimum, every two hundred fifty (250) feet by twenty-five (25) feet of landscaping, wall, or fence.

(5)

No portion of a berm shall be permitted to encroach onto a public or private right-of-way. Berms shall not be located over underground utility facilities.

(Ord. No. O-00-09, Art. 2 (2.03.08), 4-24-00; Ord. No. O-00-19, § 3(I), 7-10-00; Ord. No. O-01-09, § 1, 3-12-01; Ord. No. O-01-41, § 1, 7-23-01; Ord. No. O-04-75, § 1, 1-10-05; Ord. No. O-09-09, §§ 1—3, 3-9-09; Ord. No. O-12-19, § 3(exh. A, pt. I), 5-29-12; Ord. No. O-16-09, § 1 (exh. A), 5-31-16; Ord. No. O-21-58, § 2, 10-11-21; Ord. No. O-24-12, § 1(Exh. A), 3-11-24)

(a)

It shall be unlawful for any person owning or having custody or control of any livestock, bird, or other fowl to permit or allow such fowl or livestock to run or be at large in the City.

(b)

No household shall keep or maintain more than four (4) dogs or cats aged six (6) months or older in connection with any residential dwelling unit.

(c)

No business shall keep or maintain more than two (2) dogs in connection with any building used for commercial or industrial purposes, other than at the office of a veterinarian, in a kennel, at a pet motel, at the Humane Society or in similar facilities established and permitted for such use.

(d)

No household or business shall breed or maintain any wild animal or poisonous reptile that poses a threat to human safety. Excluded from this restriction are animal shelters, medical or scientific facilities, pet shops, zoos or other locations where the showing or maintenance of such animals is a permitted use under the provisions of this Code.

(e)

Chickens as an accessory use shall be permitted in all zoning districts and the following standards shall apply to all zoning districts except the Agriculture (AG) zoning district:

(1)

Chickens are limited to hens only (no roosters allowed).

(2)

One chicken per 1,000 square feet of parcel/lot area with a maximum of 5 permitted.

(3)

A chicken coop must be present on the property in order to keep chickens.

(4)

Chicken coops shall adhere to the accessory structure setbacks for the zoning district which it is located in.

(5)

Chicken coops shall be a maximum of 125 square feet in area.

(6)

Chicken coops shall be a maximum of 6 feet in height.

(Ord. No. O-00-09, Art. 2 (2.03.09), 4-24-00; Ord. No. O-21-06, § 1(Exh. A), 2-22-21)

(a)

On any lot having water frontage, the minimum setback of principal buildings from the regulatory high-water mark, which shall be established by the engineering department of the City, shall be forty (40) feet. The minimum setback for accessory structures from the regulatory high water mark shall be twenty-five (25) feet. Where a seawall is present, the setback shall be measured from the back (landward) side of the seawall to the principal or accessory structure.

This requirement shall apply to all new construction and any additions to existing buildings or structures. Existing buildings or structures that have been damaged or destroyed shall not be subject to this regulation so long as they are replaced within their existing footprint.

(b)

On any lot having frontage on a seawall constructed along a lake interconnecting canal, the minimum setback from the back (landward) side of said seawall to a berm or a stormwater management structure shall be twenty-five (25) feet. With respect to berms, the setback shall be measured from the toe of the berm's slope closest to the seawall.

(c)

Highwater elevations for lakes located within or adjacent to the City shall be as set forth in Table 21-70A.

Table 21-70A, Established Highwater Elevations for Lakes

(Ord. No. O-00-09, Art. 2 (2.03.10), 4-24-00; Ord. No. O-01-37, § 1, 6-11-01; Ord. No. 02-10, § 1, 4-8-02; Ord. No. O-24-07, § 2(Exh. B), 2-26-24)

Editor's note— Ord. No. O-18-61, § 2, adopted October 22, 2018, repealed § 21-71 in its entirety. Former § 21-71 pertained to regulations for mobile food dispensing vehicles and derived from Ord. No. O-10-35, § 1, adopted September 13, 2010. For current provisions regarding mobile food vending, see § 21-98.

Authorized home occupations shall comply with all of the following provisions:

(a)

No person other than members of the immediate family shall be engaged in any home occupation. The nonresidential use shall be conducted solely by the occupant and/or occupants of the dwelling.

(b)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to the use of the unit for residential purposes by its occupants. Under no circumstances shall the residential character of the property be changed by the home occupation.

(c)

No home occupation shall occupy more than a total of twenty (20) percent of the floor area of the principal structure.

(d)

Traffic shall not be generated by the home occupation in greater volumes than would normally be generated by a dwelling unit in a residential area. No additional parking spaces shall be provided in excess of those required to serve the residential unit.

(e)

No equipment or process shall be used in a home occupation that creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses. In case of electrical interference, no equipment or process shall be used that creates visual or audible interference in radio or television receivers or causes fluctuations in line voltages off the premises. No motor power other than electric motors shall be used in conjunction with such home occupations. The total horsepower of such motors shall not exceed one (1) horsepower, or one-third (⅓) horsepower for any single motor.

(Ord. No. O-00-09, Art. 2 (2.04.01), 4-24-00)

(a)

A bed and breakfast inn is a residential structure containing guest rooms where lodging with breakfast included is provided for compensation, and generally for a stay of a week or less.

(b)

Bed and breakfast structures are normally found in established neighborhoods and may be the primary residence of the owner and innkeeper.

(c)

Residential structures rented out for a season or for longer than two (2) weeks are considered boarding houses.

(d)

This use may have a sign which shall be mounted flat against the residence not to exceed two (2) square feet in area. Inns or tearooms or antique stores, or similar uses located in historic districts, may have a pole-mounted, swinging sign, in the tradition of signs of the historic period. If the sign is lighted, the sign may not be lit after 11:00 p.m. in residential zoning districts.

(e)

Bed and breakfast inns shall provide one (1) off-street parking space per each guest room and guest house for rent.

(Ord. No. O-00-09, Art. 2 (2.04.02), 4-24-00)

(a)

Model homes may be permitted within residential subdivisions prior to final plat approval by the City commission subsequent to developer's receipt of site plan approval in accord with section 21-394 of this Code. The following requirements shall apply to all model homes constructed prior to final plat approval:

(1)

The number of model homes permitted within a subdivision shall not exceed ten (10) percent of the total number of building lots within the subdivision. Developers shall receive approval from the City prior to starting construction of any model homes.

(2)

All model homes shall meet all lot area and building setback requirements for the zoning district in which the subdivision is being platted. Failure of a model home to comply with the required setbacks shall result in a refusal to issue a certificate of occupancy for that home.

(3)

Fire hydrants and a stabilized road base shall be constructed and approved for use prior to the issuance of any building permits for model homes. The developer shall be responsible for maintaining the stabilized road base in a manner that allows for the safe passage of fire/rescue equipment. Should the road surface be found in an unsafe condition, the building official shall issue a "stop work" order on all model homes under construction until such time the roadway is brought back to a safe condition.

Should the fire hydrants and a stabilized road base not be in place, model homes may be constructed according to the following standards established by NFPA 1141, Standard for Fire Protection in Planned Building Groups:

a.

Within three hundred (300) feet of at least one (1) fire hydrant that has been placed in a location acceptable to the City fire official, and

b.

No portion of the exterior walls of the building shall be more than two hundred (200) feet from a fire hydrant with vehicular access.

(4)

To receive/seek final subdivision approval, a scaled drawing of the subdivision showing the locations of all model homes shall be submitted along with the final subdivision plat application.

(5)

No model home shall be occupied for residential purposes until the final subdivision plat has been approved by the City and recorded with the clerk of the courts nor shall any certificates of occupancy (temporary or otherwise) be issued for any model homes constructed in proposed subdivisions until after final plat approval.

To construct homes on more than ten (10) percent of the building lots within a proposed subdivision, the preliminary plat process, as outlined in section 21-395 of this Code, shall be followed.

(b)

Temporary sales and leasing offices. Temporary sales or leasing offices may be permitted within residential subdivisions subject to the following requirements:

(1)

Model homes or modular building may be used as a temporary sales office for the subdivision in which it is located. Model homes and temporary sales offices may continue operating until all lots or houses within that subdivision are sold.

(2)

Signs used for model homes and temporary sales offices shall conform to the requirements set forth by article IV of this chapter. All signs shall be reviewed for placement, design, and duration by the building official. The sign area shall not exceed thirty-two (32) square feet. All signage shall be removed upon removal of the temporary sales office and/or residential occupancy of all model homes.

(3)

All temporary sales offices open to the public shall provide a dedicated, off-street, parking area located within one hundred and fifty (150) feet of the temporary sales office. The parking area shall meet the following design standards:

a.

A minimum of four (4) up to a maximum of eight (8) parking spaces shall be provided, including a minimum of one (1), hard surface, ADA accessible parking space meeting the design requirements of section 21-145.

b.

Temporary sales office parking areas shall be constructed of a hard all-weather surface or gravel consisting of #57 stone or larger. Should gravel be used for the parking surface, a concrete apron constructed per City standards and a minimum curb measuring six (6) inches in height shall be installed to contain the stone.

c.

All off-street parking areas serving a temporary sales office shall be removed upon permanent closure of the temporary sales office and the area restored to its previous condition.

(4)

No certificates of occupancy (temporary or otherwise) shall be issued for temporary sales or leasing offices constructed within proposed subdivisions until after final plat approval.

(Ord. No. O-02-50, § 1, 10-28-02; Ord. No. O-03-77, § 1, 11-24-03; Ord. No. O-24-33, § 1(Exh. A), 9-23-24)

This section is not intended to apply to any existing single-family detached or duplex residential uses that may legally exist in any zoning district. However, mixed-use occupancies must meet requirements set forth herein.

(a)

All commercial buildings, located within the City, shall meet the following minimum requirements which are in addition to any other requirements imposed by law.

(1)

Windows, glass, signs, miscellaneous.

a.

Every broken or missing window glass shall be repaired or replaced. It shall not be permitted to replace the glass with plywood or other nontranslucent materials except on an emergency basis. Plywood may be used to secure openings on vacant buildings or portions of buildings. The plywood must be painted to blend with the structure that it is applied to and installed according to requirements of the building code. If windows are eliminated on buildings, they shall be closed in with construction that is of the same type as the construction used in the exterior wall of that building.

b.

Display windows, entrances, signs, lighting, sun protection, awnings, porches, security grills, etc., shall be maintained and kept in good repair. Any elements that are in disrepair shall be brought into compliance by repair or removal. Awnings that are torn, badly faded, or structurally compromised shall be removed, repaired or replaced. Existing miscellaneous and nonfunctional elements on the building, such as empty electrical conduit, unused sign brackets, unused awning brackets, unsecured signs, etc., shall be removed and the building surface repaired or rebuilt.

(2)

Walls and other structural elements. The exterior of all structures shall be maintained in good repair. This shall include the painting of wood, masonry or other building materials that are not designed to otherwise exist naturally without a weather-proofing system. A structure shall be considered to be in violation of this section if more than ten (10) percent of the painted surface or weather-proofing system is exposed to the elements as a result of the wear, peeling, dirt, mold, mildew, or deterioration of the material.

(3)

Temporary coverings. No temporary covering of any part of a structure may remain more than thirty (30) days.

(4)

All grass, shrubs, and trees shall be maintained in a manner so as to prevent uncontrolled growth.

(Ord. No. O-00-09, Art. 2 (2.05.01), 4-24-00)

(a)

Any area used for the storage of rags, scrap paper, scrap metal, any collection of inoperable or distressed motor vehicles or motor vehicles which are awaiting repair (amounting to more than one (1) such vehicle), equipment, appliances and materials, or a combination thereof, or a collection of machine parts, salvaged or used building materials, used material or scrap objects representing a volume occupying more than six (6) cubic feet shall be enclosed so that all portions of the area that face or can be seen from public streets or adjoining property shall be screened from view. Openings for ingress and egress shall have solid gates or doors which screen the interior from view.

(b)

The required screening may be accomplished by any of the following methods, or by any combination of such methods:

(1)

Erection of a solid masonry wall of at least six (6) feet in height.

(2)

Erection of a fence, of acceptable standard building materials and of at least six (6) feet in height, that will provide a visual screen and an attractive external appearance.

(Ord. No. O-00-09, Art. 2 (2.05.02), 4-24-00)

Adult entertainment is regulated by Chapter 9 of the Municipal Code of Ordinances.

(Ord. No. O-00-09, Art. 2 (2.05.03), 4-24-00)

(a)

Tents under four hundred (400) square feet are allowed for a maximum of fifteen (15) days. The time limit may be extended up to thirty (30) days by the planning director.

(b)

Tents shall not be erected on City streets, sidewalks, or rights-of-way. All tents/temporary structures require flame resistance certification. Fire extinguishers shall be provided as determined by the fire prevention code. Electrical service shall be installed by a licensed electrical contractor. Open flames or cooking shall not be permitted in tents. Sanitary facilities shall be provided on-site as required by the plumbing code.

(c)

Tents shall be completely removed upon the expiration of the time limit stated in the permit. The maximum time allowed shall be fifteen (15) days; the time limit may be extended up to thirty (30) days by the planning and community development director.

(d)

Tents over four hundred (400) square feet shall require a special building permit for a limited time before erection. The erection contractor shall be registered with the City. All tents shall be erected as required by the manufactures installation instructions. A site plan showing location of the tent, on-site parking, and access must be submitted by permittee. The plan need not be to scale, but distances should be accurately depicted and noted on the plan. For large sites, the parking may also be indicated by a statement of how many total parking spaces exist and how many are blocked and/or occupied by the tent.

(e)

User must have written notarized consent from the owner or authorized agent of the property on which the tent is to be located prior to issuance of the permit. All parking shall be on-site and shall not reduce the existing number of parking spaces by more than twenty (20) percent.

(f)

Temporary tents set up for the purpose of a tent revival shall require a special use permit from the planning director (or commission). Tent revivals set up on the grounds of a legally existing religious institution do not require approval by the planning director (commission).

(Ord. No. O-00-09, Art. 2 (2.05.04), 4-24-00; Ord. No. O-00-19, § 3(J), 4-24-00)

(a)

The building official may authorize the use of a temporary structure that complies with all applicable laws, rules and regulations of the State of Florida and the adopted codes of the City of Winter Haven at a construction-site with an approved development plan.

(b)

Such a structure shall only be used as a construction coordination office, for the storage of tools and supplies used for the constructions and development approved for the site, or a use directly related thereto.

(c)

The applicant shall designate the exact location of the temporary structure on the development plan, and shall place it only in the approved location.

(d)

The temporary structure shall not be installed prior to issuance of the building permit for the development site, and shall be removed upon expiration of the building permit or issuance of the certificate of occupancy, whichever comes first.

(e)

If a manufactured home is to be used, the wheels and axles shall not be removed.

(Ord. No. O-00-09, Art. 2 (2.05.05), 4-24-00)

(a)

Intent. It is the intent of this section to regulate alcoholic beverage establishments, as defined in Article IX of the Unified Land Development Code (ULDC), which the City Commission finds have the potential for impacts that may be injurious to surrounding land uses and to the general public if not so regulated.

(b)

Applicability.

(1)

The provisions of this section shall not apply to manufacturers, distributers, or importers of alcoholic beverages as governed by any State of Florida licensing and permitting requirements.

(2)

Where conformance to the required separation from certain uses, set forth in subsection (e) of this section, would cause unnecessary hardship, the Development Special Magistrate may issue a variance, in accordance with the procedure outlined in section 21-422 of the ULDC, provided however that, in order to issue such a variance, the Development Special Magistrate must find the existence of all of the facts and conditions identified in subsections 21-422(a), 21-422(c), 21-422(d), 21-422(e) and 21-422(f) of the ULDC, and must find that the variance, if granted, will not cause a substantial adverse impact to the certain uses in question.

(3)

The provisions of this section, except subsection 21-96(d), shall not apply to restaurants, as defined in Article IX of the ULDC. For the purpose of determining if an establishment meets this definition, the owner of the establishment shall maintain records on the premises which accurately document the gross sales of food and non-alcoholic beverages and the gross sales of alcoholic beverages for each calendar year. Upon request, the owner shall make such records available to the growth management department.

i.

Section 21-96(b), (c) and (d) notwithstanding, any use that engages in activities consistent with a bar or nightclub, as defined in Article IX of the ULDC, and is not a legally non-conforming use of the land consistent with section 21-433, shall be considered an alcoholic beverage establishment and subject to the provisions of this section.

(4)

The provisions of this section, except subsection 21-96(d), shall not apply when the sales or consumption of alcoholic beverages is accessory to a permitted principal use, conducted indoors, and without direct ingress and egress to a public street. Examples of typical principal uses with accessory alcohol sales or consumption include, but are not limited to: Bowling alleys, restaurants, golf courses, hotels, bed and breakfasts, performance theaters (excluding adult entertainment), civic centers and airports.

i.

Section 21-96(b), (c) and (d) notwithstanding, any use that engages in activities consistent with a bar or nightclub, as defined in Article IX of the ULDC, and is not a legally non-conforming use of the land consistent with section 21-433, shall be considered an alcoholic beverage establishment and subject to the provisions of this section.

(5)

The provisions of this section, except subsection 21-96(d), shall not apply to special events permitted by the City on property owned by the City.

(6)

The provisions of this section, except subsection 21-96(d), shall not apply to legally non-conforming and/or legally established alcoholic beverage establishments existing at the time of the adoption of this ordinance. The forgoing notwithstanding, any legally established alcoholic beverage establishment, subject to special use approval as established by this section and pursuant to sections 21-411 through 21-418 of the ULDC, as applicable, may apply for approval pursuant to this section.

(7)

The provisions of this section, except subsection 21-96(d), shall not apply to the expansion of legally non-conforming and/or legally established alcoholic beverage establishments provided said expansion constitutes ten (10) percent or less of the existing floor or site area.

(8)

The provisions of this section shall apply to any legally non-conforming or legally established alcoholic beverage establishment that seeks to modify or obtain a different license under State law for the service or sale of intoxicating liquor. Such a change shall require approval under the provisions of this section.

(c)

Definitions. The definitions in the state alcoholic beverage code, codified in F.S. ch. 561 are hereby adopted. To the extent of any inconsistencies between the definitions in Chapter 561 and in this ULDC, the definitions in this ULDC shall control.

(d)

Hours for sale or service. Alcoholic beverages may be sold, consumed, served, or permitted to be served in any place holding a license issued by the division of alcoholic beverages and tobacco and provided such a use is a legally permitted use and/or a legally non-conforming use within the appropriate zoning district(s) within the City during the following hours.

•

Monday 7:00 a.m. until 2:00 a.m. Tuesday next.

•

Tuesday 7:00 a.m. until 2:00 a.m. Wednesday next.

•

Wednesday 7:00 a.m. until 2:00 a.m. Thursday next.

•

Thursday 7:00 a.m. until 2:00 a.m. Friday next.

•

Friday 7:00 a.m. until 2:00 a.m. Saturday next.

•

Saturday 7:00 a.m. until 2:00 a.m. Sunday next.

•

Sunday 7:00 a.m. until 2:00 a.m. Monday next for the sale of beer and wine for off premises consumption only otherwise Sunday 12:00 noon until 12:00 midnight Sunday for the sale and service of alcoholic beverages including but not limited to liquor, beer and wine on premises.

In the event that New Year's Eve shall fall on Sunday, the hours for sale of alcoholic beverages for on-the-premises consumption as provided above shall be extended until 2:00 a.m. Monday next.

(e)

Required separation from certain uses. This provision shall not in any way affect businesses licensed on the effective date of this ordinance.

(1)

It shall be unlawful for any person to operate any alcoholic beverage establishment, either in person or by agent, within four-hundred (400) feet of any church or school without first having obtained approval via a variance from the Development Special Magistrate in accordance with the procedure outlined in section 21-422 of the ULDC, provided however that, in order to issue such a variance, the Development Special Magistrate must find the existence of all of the facts and conditions identified in subsections 21-422(a), 21-422(c), 21-422(d), 21-422(e), and 21-422(f) of the ULDC, and must find that the variance, if granted, will not cause substantial adverse impact to the certain uses in question and meet any other applicable rules, regulations and requirements pertaining thereto.

(2)

For the purpose of administering the separation distance, the term "school" used herein means any public, private or parochial school, elementary, middle, junior high, or high school which is accredited or registered with the Florida Department of Education.

(3)

This distance shall be measured by following the shortest route of ordinary and legal pedestrian travel along a public thoroughfare, in the case of a church from the main entrance of the alcoholic beverage establishment to the main entrance of the church, and in the case of a school from the main entrance of the alcoholic beverage establishment to the nearest point of the school property.

(f)

Standards for all zoning districts. All alcoholic beverage establishments shall obtain approval from the City in accordance with the following requirements and procedures:

(1)

Small-scale drinking establishment (all distances in this section are measured property line to property line).

i.

Location and approval.

a.

Small-scale drinking establishments located more than one hundred fifty (150) feet from property zoned AG, RE, R-1, R-2 or RM zoning districts, or within a shopping center, shall be permitted within the C-1, C-3, C-4, I-1 and I-2 zoning districts.

1.

In addition to the requirements for site plans contained in the ULDC, owners and/or agents of small-scale drinking establishments shall submit a written security plan acceptable to the Chief of Police or his designee.

b.

Small-scale drinking establishments located within one hundred fifty (150) feet of property zoned AG, RE, R-1, R-2 or RM zoning districts, and not inside a shopping center, shall be reviewed by the planning commission as a special use within the C-1, C-3, C-4, I-1 and I-2 zoning districts pursuant to sections 21-411 through 21-418 of the ULDC.

c.

In addition to the requirements for a special use contained in the ULDC, the application shall include, at a minimum, the following additional information:

•

Name of drinking establishment owner and operator;

•

Name of alcoholic beverage license owner;

•

Total square footage including patios, courtyards, restrooms, offices, storage and similar areas;

•

A written security plan that will be acceptable to the Chief of Police or his designee;

•

Identification of any outdoor seating area or space for entertainment;

•

Interior floor plan of the proposed building(s), including occupancy loading and use classification, and proposed seating; and

•

Other information as determined necessary by the City to evaluate the proposed property usage impacts.

ii.

Minimum design and operation criteria.

a.

Unless otherwise exempt by this Code and/or applicable law, a minimum of one (1) off-street parking space per seventy (70) square feet of gross floor area shall be provided either on-site or within three hundred (300) feet as measured by way of ordinary and legal pedestrian travel utilizing sidewalks and marked crosswalks. Parking spaces shall meet the standards contained in Article III of the ULDC.

b.

No outside seating or entertainment areas shall be located within one hundred (100) feet of property zoned AG, RE, R-1, R-2 or RM zoning districts.

c.

No outside seating or entertainment areas shall be located within fifty (50) feet of property zoned R-3, R-4 or R-5 zoning districts.

d.

Outside seating or entertainment areas located more than fifty (50) feet but less than one hundred (100) feet of property zoned R-3, R-4 or R-5 zoning districts shall be permitted subject to the following:

1.

A buffer consisting of a minimum six-foot fence, or wall, with appropriate landscaping as determined on a case by case basis is provided;

2.

There shall be no amplified outdoor entertainment.

e.

Outside music or entertainment shall be limited to the hours of 12:00 noon until 12:00 a.m.; and shall comply with the City's noise requirements contained in Chapter 12, Article II of this Code of Ordinances.

f.

Televisions may be located in outdoor seating areas provided that they are not oriented toward the public rights-of-way.

1.

Televisions shall not be considered amplified outdoor entertainment and may be located in approved and/or permitted outdoor seating areas pursuant to this ULDC and/or Code provided the sound volume level is plainly audible for the convenient hearing of voluntary listeners on the premises and not unreasonably loud, raucous, jarring, disturbing, or a nuisance.

(2)

Large-scale drinking establishments/nightclubs (all distances in this section are measured property line to property line).

i.

Location and approval.

a.

Large-scale drinking establishments/nightclubs located more than one hundred fifty (150) feet from property zoned AG, RE, R-1, R-2, or RM zoning districts, or within a shopping center, shall be reviewed by the planning commission as a special use in the C-1, C-3, C-4, I-1 and I-2 zoning districts pursuant to sections 21-411 through 21-418 of the ULDC.

b.

Large-scale drinking establishments/nightclubs shall not be located within one hundred fifty (150) feet of property zoned AG, RE, R-1, R-2, or RM zoning districts, unless within a shopping center in which case they shall be reviewed by the planning commission as a special use in the C-1, C-3, C-4, I-1 and I-2 zoning districts pursuant to sections 21-411 through 21-418 of the ULDC.

c.

In addition to the requirements for a special use contained in the ULDC, the application shall include, at a minimum, the following information:

•

Name of drinking establishment owner and operator;

•

Name of alcoholic beverage license owner;

•

Total square footage including patios, courtyards, restrooms, offices, storage and similar areas;

•

Number of employees;

•

A written security plan that will be acceptable to the Chief of Police or his designee;

•

Identification of any outside seating area or space for entertainment;

•

Interior floor plan of the proposed building(s), including occupancy loading and use classification and proposed seating; and

•

Other information as determined necessary by the City to evaluate the proposed property usage impacts.

ii.

Minimum design and operation criteria.

a.

Unless otherwise exempt by this Code and/or applicable law, a minimum of one (1) off-street parking space per seventy (70) square feet of gross floor area shall be provided either on-site or within three hundred (300) feet as measured by way of ordinary and legal pedestrian travel utilizing sidewalks and marked crosswalks. Parking spaces shall meet the standards contained in Article III of the ULDC; and

b.

No outside seating or entertainment areas shall be located within one hundred fifty (150) feet of property zoned AG, RE, R-1, R-2 or RM zoning districts.

c.

No outside seating or entertainment areas shall be located within one hundred (100) feet of property zoned R-3, R-4 or R-5 zoning districts.

d.

Outside seating or entertainment areas located more than one hundred (100) feet but less than one hundred fifty (150) from property zoned R-3, R-4 or R-5 zoning districts shall be permitted subject to the following:

1.

A buffer consisting of a minimum six-foot fence or wall with appropriate landscaping as determined on a case by case basis is provided;

2.

There shall be no amplified outdoor entertainment;

e.

Outside music or entertainment shall be limited to the hours of 12:00 noon until 12:00 a.m.; and shall comply with the City's noise requirements contained in Chapter 12, Article II of the Municipal Code of Ordinances.

f.

Televisions may be located in outdoor seating areas provided that they are not oriented toward the public rights-of-way.

1.

Televisions shall not be considered amplified outdoor entertainment and may be located in approved and/or permitted outdoor seating areas pursuant to this ULDC and/or Code provided the sound volume level is plainly audible for the convenient hearing of voluntary listeners on the premises and not unreasonably loud, raucous, jarring, disturbing, or a nuisance.

(3)

Bottle clubs and banquet halls (all distances in this section are measured property line to property line).

i.

Location and approval.

a.

Bottle clubs and banquet halls located more than one hundred fifty (150) feet from property zoned AG, RE, R-1, R-2 or RM zoning districts, or within a shopping center, shall be reviewed by the planning commission as a special use within the C-1, C-3, C-4, I-1 and I-2 zoning districts pursuant to sections 21-411 through 21-418 of the ULDC.

b.

Bottle clubs and banquet halls shall not be located within one hundred fifty (150) feet of property zoned AG, RE, R-1, R-2 or RM zoning districts, unless within a shopping center, in which case they shall be reviewed by the planning commission as a special use within the C-1, C-3, C-4, I-1 and I-2 zoning districts pursuant to sections 21-411 through 21-418 of the ULDC.

c.

In addition to the requirements for a special use contained in the ULDC, the application shall include, at a minimum, the following information:

•

Name of drinking establishment owner and operator;

•

Name of alcoholic beverage license owner (if applicable);

•

Total square footage including patios, courtyards, restrooms, offices, storage and similar areas;

•

Number of employees;

•

A written security plan that will be acceptable to the Chief of Police or his designee;

•

Identification of any outside seating area or space for entertainment;

•

Interior floor plan of the proposed building(s), including occupancy loading and use classification and proposed seating; and

•

Other information as determined necessary by the City to evaluate the proposed property usage impacts.

ii.

Minimum design and operation criteria.

a.

Bottle clubs and banquet halls shall adhere to the minimum design and operation criteria, established herein, for either small scale or large scale drinking establishments/nightclubs, based upon their comparable size and intensity.

(4)

Package store.

i.

Location and approval.

a.

Package stores shall be permitted within the C-1, C-3, C-4, I-1 and I-2 zoning districts.

b.

Package stores located within the C-2 zoning district shall be reviewed by the planning commission as a special use pursuant to sections 21-411 through 21-418 of the ULDC.

(g)

Security plan. Where required herein, a written security plan approved by the chief of police, or his designee as part of a special use and/or a site plan submission shall be maintained on-site and available to employees at all times. The chief of police or his designee may rescind the approval of a security plan at any time. Any approved security plan may only be amended with the written approval of the chief of police, or his designee. A security plan shall include, but is not limited to, the following:

•

Name and contact information for the owner and manager/proprietor;

•

An emergency evacuation plan consisting of a diagram/layout showing at a minimum building exits, parking areas and property boundaries;

•

Total allowed maximum occupancy per the Florida Fire Prevention Code and City of Winter Haven Fire Marshal;

•

The contact information for insured/bonded security companies/officers;

•

Procedures for inspection of identification so as to not allow underage consumption;

•

Exit plan for a gradual staged exit prior to, and at closing time, to establish and maintain order inside and outside the premises;

•

When security staff is utilized, the location of security staff inside and outside the establishment;

•

Number and locations of security cameras;

•

Depiction of signage displaying a patron code of conduct or statement of enforcement of the rules of conduct, including a statement to be respectful of neighbors (especially nearby residential) when they leave the establishment;

•

Procedures for the following:

º

Rendering aid/calling 911 for injuries or illness;

º

Interacting with and/or removing disorderly patrons;

º

Response to physical and/or verbal altercations;

º

Response to weapons;

º

Mitigation of noise off-site;

º

Mitigation of loitering in parking areas during or after hours of operations;

º

Reporting of drug use;

º

Reporting of underage drinking.

(h)

Expiration. The special use approval for any alcoholic beverage establishment shall expire and be null and void if the following conditions are found:

(1)

If a permit for construction or renovation work has not been obtained within one hundred eighty (180) consecutive days from the date of the rendering of an order granting a special use approval; or

(2)

If construction or renovation has commenced and is abandoned for more than one hundred eighty (180) consecutive days; or

(3)

If the use has not commenced within one hundred eighty (180) consecutive days from the date of the rendering of an order granting a special use approval; or

(4)

If the use commenced but has since been abandoned or ceased for one hundred eighty (180) consecutive days.

(i)

Revocation. The planning commission may revoke a special use approval if the alcoholic beverage establishment violates the provisions and conditions of any applicable special use approval; or if it is determined that the owner of the licensed property, or the operator of the establishment, their agents or employees, have been convicted of, or have allowed, or caused or permitted to exist, one (1) or more of the grounds for revocation. However, the existence of one (1) or more of the grounds for revocation does not require revocation.

(1)

Grounds for revocation: The activities described herein must be directly traceable to the particular establishment against whom action is being taken and also must be verified by law enforcement or code enforcement officers, depending on the activity.

i.

The alcoholic beverage establishment receives notice of five (5) or more City of Winter Haven Code Enforcement cases attributed to the establishment in any twelve-month period as result of the violation of any provisions of the City's Code of Ordinances or condition(s) of approval;

ii.

The alcoholic beverage establishment receives notice of five (5) or more reported incidents and/or calls for service to/from law enforcement, attributed to the establishment in a given twelve-month period. Under these circumstances, the City may consider the following factors:

a.

Whether the need for law enforcement involvement was the result of the alcoholic beverage establishments failure or inability to maintain proper order and control;

b.

Complaints verified by law enforcement, arising from adverse effects of the alcoholic beverage establishments operation upon neighboring properties, including excessive noise, parking, vandalism, or loitering by intoxicated persons; and

c.