Development may be pursued in a variety of ways. This article sets forth the development options established by the city. Depending on the circumstances of particular development scenarios, these options may be used singly or jointly. Where necessary the provisions relating to the different development options contain design standards that supplement or replace particular standards in Article VI and procedures which supplement or replace particular procedures in Article X.

It shall be the declared public policy of the city to establish reasonable regulations and minimum standards for the subdivision of lands within its boundaries to insure the preservation of the health, safety and welfare of citizens. Pursuant to the authority conferred on the City Council, as the governing body of the city, by the Constitution of the State of Florida and F.S. Ch. 163, the City Council does hereby exercise its vested authority to regulate the subdivision of lands for the protection of the health, safety and welfare of its citizens as hereinafter provided.

The purpose of the subdivision regulations is to set forth regulations regarding the subdivision and development of land within the corporate limits in order to protect the health, safety, welfare and general well being of the citizens of Zephyrhills.

These regulations are adopted to achieve the following objectives:

(A)

Establishment of minimum standards of subdivision design which will encourage the development of sound and economically stable areas within the city.

(B)

Assure adequate and efficient supply of utilities and services to new land developments.

(C)

Prevention of traffic hazards and congestion which result from narrow or poorly aligned streets and from excessive exit and entrance points along major traffic arteries and the provision for safe and convenient traffic circulation, both vehicular and pedestrian, in new land developments.

(D)

Secure safety from fire, panic and other dangers; to promote health and the general welfare.

(E)

Prevent of sanitation and health hazards, especially in those subdivisions with lots to be served by individual water supply and individual waste disposal systems.

(F)

Minimize flooding and insure proper storm water management.

(G)

Provide of public open spaces for recreational, educational and other public purposes.

(H)

Coordinate land development in orderly physical patterns consistent with general plans and policies adopted by the City Council.

(I)

Prevent and discourage haphazard, premature, uneconomic or scattered land development.

(J)

Protect the natural and scenic resources of the community including surface waters and aquifer recharge areas.

Whenever land within the boundaries of the city is divided so as to constitute a subdivision as defined herein, the subdivision of land shall be in compliance with the requirements set forth in these regulations. The entire parent parcel for any subdivision shall be reviewed by the city in conjunction with the subdivision review for any portion of the parent parcel.

No division of land shall be allowed that is in conflict with the densities, intensities or other provisions of the city's Comprehensive Plan.

No parcel of land shall be created, either by inclusion within or exclusion from a proposed subdivision, which cannot be properly utilized for a permitted use under the existing zoning regulations. A subdivision development shall meet or exceed the relevant requirements of all land development regulations adopted by the city. The approval of a subdivision development does not abrogate any legal requirement to comply with the regulations of any other governmental agency, local, state or federal, which may have jurisdiction over the proposed activity.

No land shall be divided or subdivided and no drawing or plat of the division or subdivision of any land shall be filed or recorded in the public records of any court until all taxes have been paid on the land.

Certain parent parcels or subdivisions created prior to ___(date)_______may be exempt from these regulations. (See section 12.01.00, Nonconforming Development.)

A subdivision development should be designed to create a functional and attractive environment, minimize adverse impacts, provide maximum livability, provide safe and efficient access and circulation and generally be an asset to a community. The Administrator may, in the application of these standards and guidelines, exercise design discretion to achieve the intent and purpose of these regulations.

(A)

There are three types of reviews regulating the division of property within the corporate limits of Zephyrhills. They are:

(1)

Certified parcel subdivision review;

(2)

Platted subdivision with no improvement facilities review; and

(3)

Platted subdivision with improvement facilities review.

(B)

The type of review that a proposed division of property must undergo shall be determined in accord with the guidelines and standards below.

(A)

Certain parcels may be subdivided, subject to a certified parcel subdivision review and not be required to be reviewed as a platted subdivision. The parcels are those comprised of three lots or less which contain no improvement facilities to be dedicated to the city; and

(1)

Have direct access to an existing publicly owned and maintained right-of-way;

(2)

Have direct access to an existing privately owned and maintained right-of-way which meets city standards; or

(3)

Have access to an existing publicly-owned and maintained right-of-way via a legally established existing common use area or easement.

(B)

The following types of parcels shall qualify for review as a certified parcel subdivision, provided the criteria described in the subsection above are met:

(1)

The residual parcel (of a parent tract) not required by the city nor proposed by an applicant for inclusion within a platted subdivision;

(2)

Parcels created on or after (date of comp plan adoption) which are not part of a publicly recorded surveyor platted subdivision;

(3)

Any number of parcels assembled into a larger parcel;

(4)

Parent parcels created by platted lot, deed or folio number prior to July 26, 1989;

(5)

Parcels created by the court under probate or testate;

(6)

Parcels for which a site development plan has been approved; and

(7)

Parcels granted legal nonconforming status per section 11.03.00.

(A)

A platted subdivision is a subdivision conforming to the provisions of F.S. Ch. 177 and for which roads, easements for access, drainage or utilities, conservation or preservation areas or easements, and/or improvement facilities may be required or proposed depending upon the size and location of the subdivision. Platting of lots shall be required for this type of subdivision.

(B)

A platted subdivision determined by the Administrator to require no improvement facilities may be reviewed under abbreviated procedures as defined in Article XI of this code.

The design and improvement standards for subdivisions are prescribed in Article VII.

The procedure for review and approval under this section is prescribed in Article XI.

(A)

Construction activity upon the land is an element in the process of community development. The activity impacts public utilities, facilities, roadways and adjacent land and their use. Therefor, in the interest of the public health, safety and welfare, it is necessary that these activities be carried out in a proper and orderly fashion and in accordance with city standards.

(B)

The purpose of the site development regulations is to establish procedures and standards for the review of construction activities and site development, except for single-family and duplex residential development, in order to ensure the following:

(1)

Provision of efficient and effective review, determination and compliance procedures;

(2)

Prevention of flooding within developments by ensuring adequate flood control and drainage facilities are provided;

(3)

Traffic hazards are minimized and traffic flow is enhanced, including pedestrian traffic;

(4)

Developments are compatible with the sites as well as adjacent uses;

(5)

Developments are responsive to the environment and protection of environmentally sensitive areas;

(6)

Availability and type of water and wastewater utilities serving the sites;

(7)

Developments have adequate fire protection; and

(8)

Compliance with F.S. Ch. 163 and the city's Comprehensive Plan.

(A)

Site development plans shall be required for all new development in accordance with the site development regulations of this article in order to assist the Administrator in assuring that development is in compliance with all applicable ordinances, regulations and resolutions of the city.

(B)

All land uses shall be required to have a site development plan approved by the Administrator and any other department or agency deemed necessary by the Administrator prior to the issuance of a natural resources permit or building or other construction permit or commencing any site land alteration or construction activity. Single-family and two-family detached dwellings on individual lots with their accessory uses and structures shall be exempt from the site development review.

(C)

In instances where lots have been created and improvement facilities have been approved and constructed in accordance with the subdivision regulations, then a site development review shall be required for development upon those lots except as provided herein.

(D)

All development reviewed under the site development regulations shall comply with the densities and intensities and other provisions established within the city's Comprehensive Plan; unless otherwise excepted therein.

(E)

All development shall meet or exceed the requirements of all land development regulations as established and adopted by the city, the state and the federal government unless the requirements have been waived by those governments.

(F)

The approval of a site development plan is required before building permits may be issued for construction.

(G)

Where lands have been or are subdivided or resubdivided, but ownership is described by metes and bounds without recording a plat in the manner and form required by regulations in effect at the effective date of the site development regulations, the lands may be used in accordance with the terms of the site development regulations provided:

(1)

That all necessary public facilities, services and utilities are available to or located on the lands or an agreement satisfactory to the city has been made and recorded whereby the deficiencies in necessary public facilities, services or utilities will be remedied and appropriate waivers, variances or exemptions have been obtained; or

(2)

That a plat of the land be recorded in the manner and form of and subject to, the requirements existing in regulations in effect at the time of the recording of the plat.

(A)

Nothing in this code or this part shall be construed to prevent the submission of a unified plan for a site(s) comprised of multiple zoning districts, parcels or lots, provided the site is under unified ownership and/or control at the time of application for preliminary site development plan approval.

(B)

In no event may this authority to approve a unified development plan be construed to grant or extend use privileges or to alter standards otherwise prescribed by this code for a zoning lot, parcel or lot (for example, commercial parking may not be extended into a portion of the site where commercial parking is not otherwise permitted).

(C)

Because the unified site development plan is optional to the applicant(s), the Administrator may exercise broad discretion in the review and approval of unified site development plans and may impose conditions upon the approval through legally enforceable instruments to assure that the intent of this code is met, that the integrity of the unified site development plan is maintained and that the public interest is properly protected. The approval conditions may impose additional requirements including, but not limited to, certifications, reciprocal easements and/or agreements, development agreements, dedications, reservations, plats and other means as may be deemed appropriate.

Site development plans shall be designed so as to conform to and take advantage of topographic and other natural features of the land, including the preservation of existing trees, wetlands, water bodies, wetlands and environmentally sensitive areas as required by law, ordinance and rule. Preservation areas and conservation areas shall be shown on the site development plan. Applicable setbacks from these areas shall also be shown. No new development, nor expansion nor replacement of existing development shall be permitted in areas designated on the future land use map as natural preservation, unless consistent with conservation purposes, such as passive recreation.

No parcel of land shall be created or used which does not meet the minimum requirements of this code.

(A)

No parcel of land shall be developed under the site development regulations which has been subdivided improperly.

(B)

Upon the determination by the Administrator that the parcel is part of an improper subdivision, the applicant shall be required to do one of the following:

(1)

Plat the proposed lot;

(2)

Vacate the existing subdivision and replat the proposed subdivision; or

(3)

Apply for a variance to the subdivision regulations if appropriate.

(A)

The intent of the planned development (PD) district is to encourage more creative and imaginative design than generally is possible under conventional zoning regulations.

(B)

It is intended to permit upon application and upon approval of site and use plans, the creation of PD districts. Suitability of the tracts for the PD district designation shall be determined by and shall be made in accordance with the Comprehensive Plan and designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to promote health and the general welfare, to provide adequate light and air, to prevent the over-crowding of land, to avoid undue concentration of population, to preserve features of historical significance, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, other public requirements and with a reasonable consideration being given to among other things, the character of the district and its peculiar suitability for particular uses and with a view to conserving the land throughout the city.

(C)

The procedures herein established are intended to substitute procedural protections for substantive regulations in recognition of the fact that traditional density, bulk, spacing and use regulations, which may be useful in protecting the character of substantially developed areas, may impose inappropriate and unduly rigid restrictions upon the development or redevelopment of parcels which lend themselves to an individual, planned approach. In addition, a development plan should be designed to ensure that the following general goals will be achieved.

(1)

The proposed development shall be of such design that it will promote achievement of the stated purposes of the city's Comprehensive Plan.

(2)

The development will efficiently utilize the available land and will protect and preserve to the extent possible, natural features of the land such as trees, streams and topographic features.

(3)

The development shall provide for harmonious and coherent site and building design that creates a sense of place.

(4)

The development will be located in an area in which transportation, police and fire protection, other public facilities and public utilities, including sewerage, are or will be available and adequate for the uses proposed; provided, however, that the applicant may make provision for the facilities or utilities which are not presently available.

(5)

In determining whether a proposed PD district should be approved, the Planning and Zoning Commission and the City Council should consider the extent to which the proposed development plan is consistent with the city's Comprehensive Plan and the other adopted plans and policies of the city.

(6)

To achieve these purposes, the requirements for a PD district may vary from and be either more or less restrictive than, the requirements of other district regulations in this article.

The minimum site acre for a PD shall be one acre.

Approval of a PD district shall constitute an amendment to the zoning ordinance. Designation of a property as a PD district in accordance with an approved development plan shall supersede all existing and prior zoning classifications. The property shall for zoning purposes be identified by the letters PD followed by an identifying number.

The development plan shall specify both for the project as a whole and/or for subareas within the project, as appropriate, those principal and accessory uses and development densities that are to be permitted. The City Council may include or exclude uses from the development plan or include uses with attached conditions as appropriate to achieve the intent of these provisions. In making its determination of the uses and development densities to be permitted within the PD district, the Council may consider the compatibility and relationship of uses within the project, the compatibility and relationship of permitted uses adjoining or in proximity to the PD district, the appropriateness of permitted uses for the area in general and their overall impact on the community and the consistency of the permitted uses with the city's Comprehensive Plan and other adopted plans and policies.

A development order shall contain at a minimum the following provisions:

(A)

Intensity of development. The development order shall contain provisions to regulate the intensity of development within the planned development district. The provisions may apply to the project as a whole or to subareas within the project.

(1)

For nonresidential development, the intensity of development may be regulated:

(a)

By specifying a floor area ratio (FAR) or ratios;

(b)

By specifying maximum square footage or gross leasable area;

(c)

By specifying setbacks, height and bulk restrictions; or

(d)

By a combination of such restrictions for the project as a whole or for components or subareas within the project. In addition, nonresidential development order may specify performance standards to be imposed on the project and restrictions regarding the location and nature of industrial, commercial and other non- residential activities. In making its determination regarding the intensity of development and appropriate performance standards, the City Council may consider the character and scale of similar development, the character and scale of surrounding development and the area in general, the real or anticipated impact on public facilities and services.

(2)

The maximum number of dwelling units permitted shall be computed. The permitted number of dwelling units may be distributed in any manner over the residential portion of the project consistent with the intent and provisions of this section. The development order shall specify distribution of residential density for the project as a whole or for subareas within the project. In making its determination regarding the distribution of residential densities, the City Council may consider the compatibility of residential densities with other uses within the district as well as outside the district, the impact of residential densities on public facilities and services.

(B)

Uses permitted. For nonresidential development the specific uses shall be listed. For residential uses the types of dwellings shall be listed.

(C)

Bulk, area and height requirements. The development order shall specify bulk, area and height restrictions for the project as a whole or for sub-areas and/or components of the project. In making its determination regarding the restrictions, the Council may consider the character and scale of the proposed development as it relates to other uses and structures both within the district and outside the district and the general character and scale of similar development within the area of the proposal.

(D)

Public facilities. The development order shall specify conditions, restrictions and standards relating to the timely provision of necessary public facilities. In making its determination regarding the conditions, restrictions and standards, the Council may consider the adequacy of existing facilities, the timely provision of adequate facilities, the impact of the proposed development on existing and/or planned facilities and the overall cost to the community.

(E)

Access to public thoroughfares. The development order shall specify the location and general design of ingress and egress to the project along with any proposed access restrictions. The City Council may impose the access standards and restrictions as are necessary to protect the integrity and function of the city's thoroughfare system and to insure the safe and efficient circulation of vehicles and pedestrians within the PD district. In making its determination regarding the access standards and restrictions, the Council may consider the classification and function of the thoroughfare system, existing and projected volumes, the condition and design of the affected thoroughfares, the effect of the proposed development on traffic flow and circulation patterns and the consistency with the city's Comprehensive Plan and other adopted plans and policies.

(F)

Off-street parking and loading requirements. Unless specifically modified by the development order, the off-street parking and loading requirements imposed by Article VII shall apply. Reductions in off-street parking and loading standards may be approved only if it can be demonstrated that parking demand will be less due to design and/or occupancy characteristics of the project and/or the availability of public transportation.

(G)

Sign requirements. Unless specifically modified by the development order, the sign requirements imposed by Article VIII shall apply. The sign plan shall be approved only if the general intent of the sign regulations regarding size, location, illumination, structural integrity and relation to surrounding uses is satisfied.

(H)

Landscaping and perimeter treatment. The development order shall specify the design and arrangement of landscaping on all open space areas in the PD district and on all buffer and perimeter areas provided to mitigate the impact of the project upon adjoining properties and/or to achieve an appropriate transition between land uses and densities. The City Council may impose the standards and requirements for perimeter treatment it deems necessary to protect adjoining properties from adverse effects and to achieve an appropriate transition of land uses and densities.

(A)

Existing patterns of urban development have seriously compromised sustainable growth, the quality of life and economic viability of cities. The practices of land use segregation and auto dependent design criteria have resulted in wide-spread loss of open space and forest cover; increased traffic congestion and air pollution; environmental degradation with increased water runoff, soil erosion and water supply contamination; increased housing and infrastructure costs; inadequate provision of schools and public services; and growing areas of declining property values, crime and poverty. The resultant loss of community identity adds to these problems by discouraging citizen awareness of and participation in, community affairs.

(B)

Under this model, a majority of a municipality's time and money is spent replacing and extending infrastructure and mitigating the negative impacts of development. Assessed on a project by project basis the total effects and subsequent costs are hidden by immediate tax base increases and owner profits. However, if assessed at the community level, long term, all additional development of the model described above becomes a burden on a community. Low-density development increases the cost of living in order to finance, maintain and replace infrastructure. Eventually, the increased cost of building and living in such areas prevents growth from continuing. This occurs long before an area reaches full economic potential and physical build out. A development model which addresses these problems must treat a community as a highly complex entity, not merely as a collection of individual market segments or an opportunity for real estate speculation.

(C)

The most basic viable unit of our complex economic region is the neighborhood. Neighborhoods provide the daily essential needs of all its residents in an area which is easily definable and pedestrian friendly. Neighborhoods interconnect to form town centers. Traditionally, commercial development respected this neighborhood scale and therefor integrated itself into the fabric of the neighborhood through appropriate building design and its center.

(D)

The return to traditional and sustainable development practices focuses on physical change of the urban environment through the traditional design elements of city making; public space, infrastructure, buildings and parks. It combines these elements to construct places beyond the autonomy of the individual project, interest or property. Traditional development is guided by the following set of principles, which in turn establish the framework in which this code has been prepared:

(E)

(1) Metropolitan regions are finite places with geographic boundaries derived from topography, watersheds, coastlines, farmlands, regional parks and river basins. The metropolis is made of multiple centers that are cities, towns and villages, each with its own identifiable center and edges.

(2)

The metropolitan region is a fundamental economic unit of the contemporary world. Governmental cooperation, public policy, physical planning and economic strategies must reflect this new reality.

(3)

The metropolis has a necessary and fragile relationship to its agrarian hinterland and natural landscapes. The relationship is environmental, economic and cultural. Farmland and nature are as important to the metropolis as the garden is to the house.

(4)

Development patterns should not blur or eradicate the edges of the metropolis. Infill development within existing urban areas conserves environmental resources, economic investment and social fabric, while reclaiming marginal and abandoned areas. Metropolitan regions should develop strategies to encourage the infill development over peripheral expansion.

(5)

Where appropriate, new development contiguous to urban boundaries should be organized as neighborhoods and districts and be integrated with the existing urban pattern. Noncontiguous development should be organized as towns and villages with their own urban edges and planned for a jobs/housing balance, not as bedroom suburbs. The development and redevelopment of towns and cities should respect historical patterns, precedents and boundaries.

(6)

Cities and towns should bring into proximity a broad spectrum of public and private uses to support a regional economy that benefits people of all incomes. Affordable housing should be distributed throughout the region to match job opportunities and to avoid concentrations of poverty.

(7)

The physical organization of the region should be supported by a framework of transportation alternatives. Transit, pedestrian and bicycle systems should maximize access and mobility throughout the region while reducing dependence upon the automobile.

(8)

Revenues and resources can be shared more cooperatively among the municipalities and centers within regions to avoid destructive competition for tax base and to promote rational coordination of transportation, recreation, public services, housing and community institutions.

(F)

(1)

The neighborhood, the district and the corridor are the essential elements of development and redevelopment in the metropolis. They form identifiable areas that encourage citizens to take responsibility for their maintenance and evolution.

(2)

Neighborhoods should be compact, pedestrian-friendly and mixed-use. Districts generally emphasize a special single use and should follow the principles of neighborhood design when possible. Corridors are regional connectors of neighborhoods and districts; they range from boulevards and rail lines to rivers and parkways.

(3)

Many activities of daily living should occur within walking distance, allowing independence to those who do not drive especially the elderly and the young. Interconnected networks of streets should be designed to encourage walking, reduce the number and length of automobile trips and conserve energy.

(4)

Within neighborhoods, a broad range of housing types and price levels can bring people of diverse ages, races and incomes into daily interaction, strengthening the personal and civic bonds essential to an authentic community.

(5)

Transit corridors, when properly planned and coordinated, can help organize metropolitan structure and revitalize urban centers. In contrast, highway corridors should not displace investment from existing centers.

(6)

Appropriate building densities and land uses should be within walking distance of transit stops, permitting public transit to become a viable alternative to the automobile.

(7)

Concentrations of civic, institutional and commercial activity should be embedded in neighborhoods and districts, not isolated in remote, single-use complexes. Schools should be sized and located to enable children to walk or bicycle to them.

(8)

The economic health and harmonious evolution of neighborhoods, districts and corridors can be improved through graphic urban design codes that serve as predictable guides for change.

(9)

A range of parks, from tot-lots and village greens to ballfields and community gardens, should be distributed within neighborhoods. Conservation areas and open lands should be used to define and connect different neighborhoods and districts.

(G)

(1)

A primary task of all urban architecture and landscape design is the physical definition of streets and public spaces as places of shared use.

(2)

Individual architectural projects should be seamlessly linked to their surroundings.

(3)

The revitalization of urban places depends on safety and security. The design of streets and buildings should reinforce safe environments, but not at the expense of accessibility and openness.

(4)

In the contemporary metropolis, development must adequately accommodate automobiles. It should do so in ways that respect the pedestrian and the form of public space.

(5)

Streets and squares should be safe, comfortable and interesting to the pedestrian. Properly configured, they encourage walking and enable neighbors to know each other and protect their communities.

(6)

Architecture and landscape design should grow from local climate, topography, history and building practice.

(7)

Civic buildings and public gathering places require important sites to reinforce community identity and the culture of democracy. They deserve distinctive form because their role is different from that of other buildings and places that constitute the fabric of the town.

(8)

All buildings should provide their inhabitants with a clear sense of location, weather and time. Natural methods of heating and cooling can be more resource-efficient than mechanical systems.

(9)

Preservation and renewal of historic buildings, districts and landscapes affirm the continuity and evolution of urban society.

(Ord. 881-04, passed 5-24-2004)

(A)

To these ends, the Land Development Code, districts and maps have been prepared with due consideration of future growth.

(1)

The promotion of a coherent community scaled built environment, which respects local and regional architecture;

(2)

The promotion of an integrated and balanced transportation system based on pedestrian, transit and automobile use;

(3)

The adequate provision of water and sewer infrastructure, schools, parks and other public necessities; and for

(4)

The preservation and enhancement of the natural environment through the protection and replenishment of urban forests, landscaping of the public realm and supplemental plantings for projects which reduce existing tree cover resources.

(B)

In addition to these purposes, this code ensures that growth forms an integral part of a community of functional neighborhoods and town centers. This type of planning increases collective security and community identity by promoting civic awareness and responsibility and enhancing the quality of life for the entire town to ensure the greatest possible economic and social benefits for all residents.

(Ord. 881-04, passed 5-24-2004)

(A)

Traditional development, as presented in the Comprehensive Plan revision, encompasses the following types of land uses.

(1)

Traditional neighborhoods (TND) are intended to accommodate a mix of housing types, civic and neighborhood-oriented commercial uses, integrated with a recreation and pedestrian-oriented open space system and a system of streets, alleys and sidewalks. A neighborhood center with an adjacent neighborhood square is a community focal point within easy walking distance of residents.

(2)

Traditional marketplaces (TMD) have a concentrated area for shopping, entertainment, business services, cultural and housing opportunities in a pedestrian-oriented environment. Large-format retail stores ("big boxes") are not allowed. Floors above shops and offices may be used for housing, offices or live/work units.

(3)

Traditional towns (TTD) provide an opportunity for community planning at a large scale, integrating traditional neighborhoods and traditional marketplaces with an inter-connected system of streets, alleys, sidewalks, squares, parks and open space. A compact development pattern is promoted by not requiring buffers between uses within the town.

(B)

These regulations reflect a 'building block' approach to traditional development, with traditional neighborhoods (TNDs) and traditional marketplaces (TMDs) as the base districts. The TTD functions as an umbrella district, composed of TNDs, TMDs and additional land uses needed to support a larger population, such as a traditional employment center (TEC). A portion of a TTD also could include a Planned Development District.

(C)

Separate regulations are provided for TNDs, TMDs and TECs in order to allow these districts to be developed independently of a TTD.

(D)

Provisions for civic and open space/recreation areas are included in the TND provisions. A "neighborhood center" commercial area in a TND is also included to allow for small-scale commercial uses intended to serve local residents.

(E)

To avoid duplication, standards that apply to all traditional development districts, including provisions for street and sidewalk design, landscaping, parking and signage, have been grouped together as "general standards for all traditional development districts". (Refer to part 7.11.00)

(Ord. 881-04, passed 5-24-2004)

The minimum size of a traditional development district is 40 acres, but TDDs as small as 25 acres are allowed at infill locations, defined as sites bounded by existing development on at least two sides. This provision is intended as an incentive.

(Ord. 881-04, passed 5-24-2004)

Approval of a TDD district shall constitute an amendment to the zoning ordinance. Designation of a property as a TDD district in accordance with an approved development plan shall supersede all existing and prior zoning classifications. The property shall for zoning purposes be identified by the letters TDD followed by an identifying number.

(Ord. 881-04, passed 5-24-2004)

(A)

TNDs may qualify for a density bonus of up to two additional units per acre above the maximum density allowed for the underlying zoning district as prescribed in Table 7.01.01, provided that the TND is consistent with the standards and requirements of Article VII.

(B)

The development plan shall specify both for the project as a whole and/or for subareas within the project, as appropriate, those principal and accessory uses and development densities that are to be permitted. The City Commission may include or exclude uses from the development plan or include uses with attached conditions as appropriate to achieve the intent of these provisions. In making its determination of the uses and development densities to be permitted within the TDD district, the Commission may consider the compatibility and relationship of uses within the project, the compatibility and relationship of permitted uses adjoining or in proximity to the TTD district, the appropriateness of permitted uses for the area in general and their overall impact on the community and the consistency of the permitted uses with the city's Comprehensive Plan and other adopted plans and policies.

(Ord. 881-04, passed 5-24-2004)

(A)

A development order shall contain at a minimum the following provisions:

(1)

Intensity of development. The development order shall contain provisions to regulate the intensity of development within the planned development district. These provisions may apply to the project as a whole or to subareas within the project.

(a)

For nonresidential development, the intensity of development may be regulated:

1.

By specifying a floor area ratio (FAR) or ratios;

2.

By specifying maximum square footage or gross leasable area;

3.

By specifying setbacks, height and bulk restrictions; or

4.

By a combination of such restrictions for the project as a whole or for components or subareas within the project. In addition, nonresidential development order may specify performance standards to be imposed on the project and restrictions regarding the location and nature of industrial, commercial and other non- residential activities. In making its determination regarding the intensity of development and appropriate performance standards, the City Commission may consider the character and scale of similar development, the character and scale of surrounding development and the area in general, the real or anticipated impact on public facilities and services.

(b)

The minimum and maximum number of dwelling units permitted shall be computed. The permitted number of dwelling units may be distributed in any manner over the residential portion of the project consistent with the intent and provisions of this section. The development order shall specify distribution of residential density for the project as a whole or for subareas within the project. In making its determination regarding the distribution of residential densities, the City Commission may consider the compatibility of residential densities with other uses within the district as well as outside the district, the impact of residential densities on public facilities and services.

(2)

Uses permitted. For nonresidential development the specific uses shall be listed. For residential uses the types of dwellings shall be listed.

(3)

Bulk, area and height requirements. The development order shall specify bulk, area and height restrictions for the project as a whole or for sub-areas and/or components of the project. In making its determination regarding the restrictions, the Commission may consider the character and scale of the proposed development as it relates to other uses and structures both within the district and outside the district and the general character and scale of similar development within the area of the proposal.

(4)

Public facilities. The development order shall specify conditions, restrictions and standards relating to the timely provision of necessary public facilities. In making its determination regarding the conditions, restrictions and standards, the Commission may consider the adequacy of existing facilities, the timely provision of adequate facilities, the impact of the proposed development on existing and/or planned facilities and the overall cost to the community.

(5)

Access to public thoroughfares. The development order shall specify the location and general design of ingress and egress to the project along with any proposed access restrictions. The City Commission may impose the access standards and restrictions as are necessary to protect the integrity and function of the city's thoroughfare system and to insure the safe and efficient circulation of vehicles and pedestrians within the TDD district. In making its determination regarding the access standards and restrictions, the Commission may consider the classification and function of the thoroughfare system, existing and projected volumes, the condition and design of the affected thoroughfares, the effect of the proposed development on traffic flow and circulation patterns and the consistency with the city's Comprehensive Plan and other adopted plans and policies.

(6)

Off-street parking and loading requirements. Unless specifically modified by the development order, the off-street parking and loading requirements imposed by Article VII shall apply. Reductions in off-street parking and loading standards may be approved only if it can be demonstrated that parking demand will be less due to design and/or occupancy characteristics of the project and/or the availability of public transportation.

(7)

Sign requirements. Unless specifically modified by the development order, the sign requirements imposed by Article VIII shall apply. The sign plan shall be approved only if the general intent of the sign regulations regarding size, location, illumination, structural integrity and relation to surrounding uses is satisfied.

(8)

Landscaping and perimeter treatment. The development order shall specify the design and arrangement of landscaping on all open space areas in the TDD district and on all buffer and perimeter areas provided to mitigate the impact of the project upon adjoining properties and/or to achieve an appropriate transition between land uses and densities. The City Commission may impose the standards and requirements for perimeter treatment it deems necessary to protect adjoining properties from adverse effects and to achieve an appropriate transition of land uses and densities.

(Ord. 881-04, passed 5-24-2004)

The minimum park size: ten acres.

Refer to Table 7.01.01.

Zoning approval for the M-2 zoning district will be based on site plan approval and other considerations. The approved site plan shall control all subsequent development on the site. Any change from the originally approved site plan shall be submitted to the Planning Commission for a recommendation and City Council for approval. The approved site plan shall contain all information deemed necessary by the city to ensure compliance with the regulations of this district and other city ordinances that may apply to the approval of the development. Site plans approved by the city shall contain specific development timetables, which shall be followed. If development is not initiated within one year, the site plan shall become void.

A landscaped strip or other buffer along all public rights-of-way abutting the site and a solid fence or wall along all other boundaries of the site where the subject site abuts other zoning districts may be required. If required, fences shall be masonry or wood six feet in height, except that within the required front yard setback the maximum height will be four feet. If all owners of adjacent property so request, in writing, no fence or wall will be required. Landscaped strips shall contain a plant screen which shall be at least 75 percent opaque, at least four feet in height when planted and shall extend the length of the property except for driveway openings. As a minimum irrigation, landscaped strips shall contain hose bibs at 50-foot intervals. Plant materials shall be used which are perennial evergreen species. The use of indigenous species requiring minimal irrigation is encouraged.

Roadways within a mobile home park shall be private and the following requirements shall apply:

(A)

All streets shall be constructed with required storm drainage;

(B)

Streets shall be a minimum of 60 feet in width, with a minimum of 20 feet of paved surface; and

(C)

All street and drainage construction specifications shall comply with the requirements as set forth in the city's subdivision regulations (curb and gutter optional).

Not less than ten percent of the site area shall be devoted to recreation facilities, generally provided in a central location or in larger parks, decentralized. Recreation area includes space for community-use facilities, such as adult recreation and swimming pools.

Installation of improvements and utilities to all parts of the mobile home park shall be in conformity with the provisions of the City Code.

(A)

When the owner of a mobile home park proposes expansion, the expansion plans shall be submitted and approved in the same manner as plans for new parks, except for minimum site area requirements.

(B)

Mobile home park expansion plans shall comply with new park requirements unless the compliance is found to be impracticable by the City Council, after recommendation by the Planning Commission, in which case variations of new park standards may be authorized.

(C)

Improvement of substandard conditions in existing parks may be required as a precedent to expansion of the parks.

Ten acres.

Refer to Table 7.01.01.

(A)

Zoning approval for the M-3 zoning district will be based on site plan approval and other considerations. The approved site plan shall control all subsequent development on the site. Any change from the originally approved site plan shall be submitted to the Planning Commission for a recommendation and City Council for approval.

(B)

The approved site plan shall contain all information deemed necessary by the city to ensure compliance with the regulations of this district and other city ordinances that may apply to the approval of the development. Site plans approved by the city shall contain specific development timetables, which shall be followed.

(C)

If development is not initiated within one year, the site plan shall become void.

Procedures for approval shall follow the site plan Review requirements as contained in this code.

The following standards will apply to all proposed site plans being considered for approval in the M-3 zoning district.

A landscaped strip or other buffer along all public rights-of-way abutting the site and a solid fence or wall along all other boundaries of the site where the subject site abuts other zoning districts may be required. If required, fences shall be masonry or wood six feet in height, except that within the required front yard setback the maximum height will be four feet. If all owners of adjacent property so request, in writing, no fence or wall will be required. Landscaped strips shall contain a plant screen which shall be at least 75 percent opaque, at least four feet in height when planted and shall extend the length of the property except for driveway openings. As a minimum irrigation, landscaped strips shall contain hose bibs at 50-foot intervals. Plant materials shall be used which are perennial evergreen species. The use of indigenous species requiring minimal irrigation is encouraged.

Roadways within a recreational vehicle park shall be private and the following requirements shall apply: internal collector streets shall be a minimum of 30 feet in width with a minimum of 20 feet of paved surface internal minor driveways shall be a minimum of 30 feet in width with a minimum of 18 feet of paved surface a collector street shall be defined as a street designed to facilitate adequate traffic flow from tow or more internal minor streets to dedicated public rights-of-way. All streets which provide ingress and egress from dedicated public rights-of-way shall be deemed to be collector streets.

Not less than ten percent of the site area shall be devoted to recreation facilities, generally provided in a central location or in larger parks, decentralized. Recreation area includes space for community use facilities, such as adult recreation and swimming pools.

(A)

Installation of improvements an utilities to all parts of the recreational vehicle park shall be in conformity with the provisions of the City Code.

(B)

Recreational vehicle parks with streets less than 60 feet in width shall provide for centralized garbage collection with adequate access.

Storm water drainage and retention will be subject to approval by the city.

When the owner of a recreational vehicle park proposes expansion, the expansion plans shall be submitted and approved in the same manner as plans for new parks, except for minimum site area requirements. RV park expansion plans shall comply with new park requirements unless the compliance is found to be impracticable by the City Council, after recommendation by the Planning Commission, in which case variations of new park standards may be authorized. Improvement of substandard conditions in existing parks may be required as a precedent to expansion of the parks.

Occupancy within this district is limited to not more than 30 days within one calendar year with exception of a single-family dwelling or mobile home occupied by a resident owner/manager.

A site plan or planned unit development review is required for all development in an LI district.

No outdoor lighting shall be directed either onto the adjacent properties or at angles that interfere with driver vision on adjacent roadways.

Where an LI district is adjacent, abuts or is separated by an alley or easement only, from a residentially zoned district or existing residential use, the site plan review shall address the need for visual buffers to screen the industrial use. Buffers shall be a minimum of 25 feet of landscaping with a constructed buffer that shall be approved by Site Plan Review Committee. All landscaping shall be maintained within the buffer.

The side of a building facing or closest to residential zoned property shall be solid, with no other than pedestrian size doors, no garage doors, loading docks, fans or other exterior additions shall be permitted that would negatively aggravate lighting, noise or sound barriers.

Industrial activities shall: emit no obnoxious, toxic or corrosive dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals or vegetation or to other forms of property or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission; discharge no smoke of a consistency which will restrict the passage of sunlight beyond the property line; emit any obnoxious odor perceptible beyond the lot boundaries; produce no electromagnetic radiation or radioactive emissions injurious to human beings, animals or vegetation (electromagnetic radiation or radioactive emission shall not be an intensity that interferes with the use of any other property); discharge of any untreated potentially dangerous effluent from plant operations into local surface or subsurface drainage courses.

(A)

All outdoor facilities for fuel, raw materials and products and all fuel, raw materials and products stored outdoors, shall be enclosed by an approved safety fence and visual screen and shall conform to all yard and fencing requirements imposed upon the main building in this district.

(B)

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by normal natural causes or forces, not shall nay substance which can contaminate a stream or watercourse or otherwise render the stream or watercourse undesirable as a source of water supply or recreation or which will destroy aquatic life, be allowed to enter any stream or watercourse.

(C)

Any materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate the hazards.

The purpose and intent of this section is to recognize that there are areas of the city with prior development which would be incompatible with the provisions of this code; where strict enforcement of the code is impractical and not in the public interest. City Council may in the future delineate the district(s) and designate that the area(s) be subjected to infill criteria and standards.

(A)

A designated infill area must have an overall master development plan which, at a minimum addresses the following needs:

(1)

Potable water distribution;

(2)

Wastewater collection;

(3)

Storm water drainage;

(4)

Solid waste collection;

(5)

Vehicular traffic circulation;

(6)

Vehicular parking and loading;

(7)

Pedestrian and self powered circulation; and

(8)

Recreation facilities.

(B)

City Council must approve the overall master plan for a designated infill area and a capital improvements plan for correcting all identified infrastructure deficiencies.

(C)

Within an approved infill area, individual parcels of land may be developed or redeveloped with waivers of any or all of the following:

(1)

On site storm water retention;

(2)

Off-street parking;

(3)

Off-street loading; and/or

(4)

Minimum setbacks.

(D)

Any waiver of storm water retention, off-street parking or off-street loading will be conditional upon a showing that these needs will be met elsewhere within the designated infill area.

(E)

Any waiver of minimum setback will be limited to the lesser similar setbacks of existing buildings on immediately adjacent building of the same block face.

It is the intent of this section to set forth the procedures and requirements necessary for the city to consider and enter into development agreements. It is the further intent of this division to encourage a strong commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development concurrent with the impacts of development, encourage the efficient use of resources and reduce the economic cost of development.

The definitions set forth in F.S. § 163.3221 shall apply to this part.

To the extent of any conflict with the city's Land Development Code, as amended or any other regulations of and except as herein specifically provided, this part supersedes the city's Land Development Code, as amended and other regulations, with respect to the subject matter hereof.

The procedures applying to this section are prescribed in Article XI.

(A)

A development agreement shall, at a minimum, include the following:

(1)

A legal description of the land subject to the agreement and the names of the legal and equitable owners;

(2)

The duration of the agreement;

(3)

A general description of the development, the development uses permitted on the land including population densities and building intensities and height and a description of the impacts and benefits of the development;

(4)

The land use designation of the property under the future land use element of the city's Comprehensive Plan;

(5)

The current zoning of the property;

(6)

A description of public facilities that will service the development, including who shall provide the facilities;

(7)

A description of any developer commitments;

(8)

The date any new facilities, if needed, will be constructed;

(9)

A schedule to assure public facilities are available concurrent with impacts of the development;

(10)

A description of any reservations or dedications of land for public purposes;

(11)

A description of all local development permits approved or needed to be approved for the development of the land;

(12)

Any anticipated approvals, waivers, variances or special exceptions sought by the developer;

(13)

A finding that the development permitted or proposed is consistent with the city's Comprehensive Plan and Land Development Code;

(14)

A statement indicating that the failure of the agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with the law governing the permitting requirements, condition, term or restriction;

(15)

Such conditions, terms, restrictions or other requirements determined to be necessary by the city for the public health, safety or welfare of its citizens; and

(16)

With respect to any public facilities to be designed and/or constructed by the developer, design and construction shall be in compliance with all applicable federal, state and county standards and requirements in order to ensure the progress, quality and cost effectiveness of construction of the public facilities, to resolve in a timely manner design and construction related problems which may occur and to protect the safety and welfare of the public. The standards and requirements shall include, but not be limited to, guarantees of performance and quality and project controls (including scheduling, quality controls and quality assurance).

All development agreements shall contain stipulations regarding the following, where applicable: parties involved; notice and hearing dates; property location; approved uses, densities, intensities and heights; duration; regulations and fees applicable; public facilities and concurrency schedule; dedications and permits required; consistency with Comprehensive Plan and land development regulations; conditions and terms of approval, with any phasing if needed; design/construct agreement to cover developer-provided public improvements, if required by the city; standard performance and warranty provisions on improvements to be accepted by the city; policies with regard to changes to approved development; policies with regard to changes to the agreement; resolution for disputes; cure period for defaults; and the basis for revocation.

A development agreement may provide that the entire development or any phase thereof be commenced or concluded within a specific period of time.

With respect to developer commitments that would be eligible for impact fee credits, nothing herein shall affect the eligibility to qualify for credits under appropriate impact fee ordinances. In order to be eligible for credits, the expenditure must have been subject to not less than three quotes in awarding the construction contract.

A development agreement may be amended or canceled by mutual consent of the parties to the Agreement or by their successors in interest. Prior to amending a development agreement, the City Commission shall hold two public hearings on the proposed amendment.

(A)

The term of a development agreement shall not exceed five years or such time as F.S. §§ 163.3220 through 163.3243 may provide.

(B)

A development agreement may be extended by mutual consent of the City Council and the developer, subject to public hearings in accordance with Article XI. The term of any one extension shall not exceed five years or such time as F.S. §§ 163.3220 et seq. may provide.

(A)

Within 14 days after the city enters into the development agreement, the City Clerk shall have the agreement recorded in the public records of the city.

(B)

A copy of the recorded development agreement shall be submitted to the Department of Community Affairs within 14 days after the agreement is recorded.

(C)

If the agreement is amended, canceled, modified, extended or revoked, the Clerk shall have notice of that action recorded in the public records and the recorded notice shall be submitted to the Department of Community Affairs.

(A)

The city shall review the development subject to the development agreement every 12 months, commencing 12 months after the effective date of the agreement.

(B)

The city shall begin the review process by giving notice to the developer that the city intends to undertake a periodic review of the development.

(C)

If the city finds and determines that the developer has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.

(D)

(1) If the city makes a preliminary finding that there has been a failure to comply with the terms of the development agreement, the City Council shall conduct a public hearing at which the developer may demonstrate good faith compliance with the terms of the agreement.

(2)

If the City Council finds and determines on the basis of substantial competent evidence that the developer has not complied in good faith with the terms and conditions of the agreement during the period under review, the City Council may modify or revoke the agreement.

The laws and policies governing development specifically approved in a development agreement shall be as set forth in F.S. § 163.3233.

Enforcement of the terms of a development agreement shall be as set forth in F.S. § 163.3243 and as otherwise provided in this code.

(A)

It is the intent of this section to set forth the procedures and requirements necessary the city to consider and approve community development districts.

(B)

It is the further intent of this division to encourage a strong commitment to capital facilities planning, management and financing to ensure the provision of adequate capital infrastructure to service projected growth without overburdening the general taxpayer.

The laws and policies governing development specifically approved in a community development district shall be as set forth in F.S. Ch. 190.

Enforcement of the terms of a community development district shall be as set forth in F.S. Ch. 190 and as otherwise provided in this code.

The definitions set forth in F.S. Ch. 190, shall apply to this section.

To the extent of any conflict with this code or any other regulations of city and except as herein specifically provided, this section supersedes other city codes and regulations, with respect to the subject matter hereof.

The procedures applying to this section are prescribed in Article XI.

The general development standards were prepared by the city. These requirements guide and restrict the planning, design and development of both individual sites and the overall complex. These regulations are supplemental to the city's existing zoning classification of AP-2 (Airport Related Zoning District). They establish the site plan review process and the general development standards.

The intent of the general development standards contained herein is to guide the planning, design and development of a business and light industrial center. The business and light industrial center is to be perceivable from the integrity of its overall design. Development quality through site planning, streetscapes, architectural design, materials and workmanship of all buildings and structures is encouraged in the guidelines contained in this text.

The Zephyrhills Industrial Park Development has been divided into four basic groups.

(A)

Office;

(B)

Office research and development;

(C)

Light industrial; and

(D)

Aviation-related business.

For the purpose of this part, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Board. The Airport Authority and/or City Council.

Building line. The minimum distance which commercial, industrial, cafeteria, office building or any structures of any type or kind located above ground shall be set back from property or street lines.

Building site. Any lot or portion thereof or two or more contiguous lots or portions thereof or a parcel of land upon which commercial, industrial, cafeteria, office building or buildings and appurtenant structures may be erected in conformance with the requirements of these covenants.

Front building line. The boundary or property line dividing two facing building sites, site or street lines.

Improvements. Commercial, industrial, cafeteria, office building or buildings, out buildings appurtenant thereto, parking areas, loading areas, fences, masonry walls, hedges, lawns, mass plantings and any structures of any type or kind located above or below ground.

Park. The Zephyrhills Industrial Air Park.

Side building site line. The boundary or property line dividing two adjoining building sites.

SPRC. Site Plan Review Committee.

(A)

Regardless of the provisions of this text, no construction shall be allowed within the boundaries of Zephyrhills Industrial Air Park, except that which complies with all provisions of applicable building codes.

(B)

Any land use proposal or development standard not specifically covered by this text shall be subject to the regulations of the city having jurisdiction over the real property which comprises Zephyrhills Industrial Air Park.

(C)

Any request by a property owner for modification of applicable building, zoning or land use regulations must first be approved by the Airport Authority/City of Zephyrhills.

(D)

The owner (other than the city) must occupy at least one-third of the building constructed unless otherwise specifically approved in writing in advance of occupancy by the city.

(E)

The owner (other than the city) shall commence building construction no later than one year from the signing of lease.

(F)

The owner shall complete building construction not later than 18 months from the signing of lease.

(A)

The intent of this part is to outline the uses permitted within the park which include professional offices, business offices, government facilities, aviation related business, commercial, light industrial manufacturing and associated retail, assembly or service industries. Zephyrhills Municipal Airport Authority and the city have the right to restrict the manner in which any parcel is used within the center.

(B)

Unless otherwise specifically prohibited herein, any industrial or business use will be permitted if it is performed or carried out entirely within a building that is so designed or constructed that the enclosed operations do not cause or produce a nuisance to adjacent sites such as vibration, radio frequency interference, sound, air pollution, water pollution, emission of toxic or noxious odors or toxic or nontoxic matter.

Each site plan will be required to be reviewed by the city's Site Plan Review Committee with emphasis on the following design considerations: loading area orientation, parking facilities, landscape and irrigation, structural screening, signage, lighting, building size, height, setbacks, fencing and other such requirement.

(A)

The airport master plan for Zephyrhills Industrial Park features a well balanced combination of industry, commercial support services and professional offices. To promote and preserve this harmonious unity, these design standards are intended to guide the planning, design, construction and maintenance of Zephyrhills Industrial Air Park.

(B)

The following design standards focus on typical design elements, including the most common elements of design, construction, landscaping, signage, lighting, parking, utilities and site planning. Adherence to these design standards will result in an efficient, environmentally attractive complex and help to enhance and protect the value of the property.

(A)

Parcels.

(1)

Minimum site size for all parcels shall be one acre.

(2)

There shall be no minimum size for individual condominium building sites as long as the overall complex equals one acre or more.

(3)

The minimum lot width at any building setback shall be 150 feet.

(B)

Building setbacks.

(1)

Front setback. Building setback shall be 50 feet from lease property boundary line. Office space setback shall be 35 feet from lease property boundary line. Corner lots will be considered as having two front yards.

(2)

Building setback from east bypass. One hundred ten feet from center line of right-of-way.

(3)

Side setback. Thirty feet from each side.

(4)

Rear setback. Minimum of 30 feet, except for lots along taxiway, for which the minimum rear yard setback for structures shall be 110 feet.

(5)

Adjacent to residential district (i.e. other than agricultural, commercial or industrial). Where LI district is adjacent, abuts or is separated by an alley or easement only, from a residentially zoned district or existing residential use, the Site Plan Review Committee shall address the need for visual buffers to screen the industrial use. Buffers shall be a minimum of 25 feet of landscaping with a constructed buffer that shall be approved by Site Plan Review Committee. All landscaping shall be maintained within the buffer.

(C)

Parking lot setbacks. In no case will parking surfaces be closer that 15 feet from boundary roadway. This 15 feet green area will be bermed (maximum three-foot berm) and landscaped as a visual buffer before any parking surface begins. The front, rear and side yard setbacks shall be increased where it is necessary to accommodate large trucks moving to and from loading docks.

(A)

All exterior wall elevations of buildings facing streets, including screen walls, are to have special architectural treatment.

(B)

All buildings within the industrial park shall be of permanent type construction with a non-combustible roof.

(C)

Exterior walls of any building attached or unattached, shall be finished with face brick, stucco, textured concrete, decorative steel siding, glass, wood or any combination of the above. Concrete, concrete block or wood siding, providing they meet applicable fire regulations, are also acceptable materials for exterior walls, but they shall be finished by painting, staining or other processing.

(D)

No buildings, except for those used specifically for office purposes, shall be constructed with wooden frames, provided that laminated, heavy timber wood shall be acceptable.

(E)

All office walls shall be of masonry construction or other materials as may be considered by the Site Plan Review Committee to be better than masonry in strength, fire resistance, durability and appearance.

(F)

Pre-engineered steel buildings may be used only if the exterior wall of any and all buildings constructed on site shall be guaranteed for a period of ten years against blistering, peeling cracking, flaking, checking, chipping and excessive color change or chalk.

(G)

Roofs shall be attractively designed and constructed since they will be highly visible from aircraft using the airport and the general public. Roof shall not be constructed of materials that are reflective or create a glare. No building shall have an unpainted metal roof and all metal roofs installed must be guaranteed for a period of 20 years against blistering, peeling, cracking, flaking, checking, chipping and excessive color change or chalk.

(H)

All mechanical equipment servicing buildings, including roof-mounted equipment, shall be enclosed or screened so as to be an integral part of the architectural design.

All outdoor refuse collection areas shall be visually screened from streets and adjacent properties by an opaque screen utilizing the same or similar materials as the main building it serves. No refuse collection areas shall be permitted in the front yard or side/corner lot setback areas.

Signage shall comply with Article VIII of the city's Land Development Code, as same now exists or may be amended from time to time.

(A)

All mechanical equipment and/or duct work is to be screened from view by an enclosure which is detailed consistent with the exterior of the building. Consideration will be given to view plane of adjacent sites.

(B)

Roof mounted ventilators are to be maximum of one and one-half feet above the point to which attached and are to be painted and pre-finished consistent with the color scheme of the building.

(C)

Gutters and down spouts are to be painted to match the surface to which attached unless used as a major design element, in which case the color is to be consistent with the color scheme of the building.

(D)

Vents louvers, exposed flashing, tanks, stacks, overhead doors, rolling and "man" service doors are to be painted consistent with the color scheme of the building.

(A)

The location of driveways requires the prior written approval of Site Plan Review Committee.

(B)

Maneuvering of vehicles in any city-owned road or street is considered to be contrary to the public interest and is prohibited. Plans shall provide areas on the site adequate to back trucks to loading berths, garages, shop areas and the like, with a clear view from the cab of the vehicle.

(C)

Driveways shall be constructed in conformance with city standards. The edge of a driveway apron shall be no closer than ten feet from the nearest adjacent property line unless adjacent property owners utilize a common driveway. Whenever a driveway is abandoned, the owner shall remove all driveway pavement, replace the curb and landscape the area to match the adjacent landscaping.

(D)

Street lights, utility manholes, sewer laterals and water gate valves are approximately located on the street plans (available upon request from city).

Location and type to be approved in advance of installation by Site Plan Review Committee, Airport Authority and U.S. Postal Service.

(A)

The preservation and protection of existing native species of plant material is strongly encouraged. Existing native species and natural cover should be retained whenever possible. Where planting requirements for landscaped areas result in the need for additional trees or shrubs in an existing natural area, there should be minimum disturbance to native species.

(B)

Where it is not possible to retain existing natural ground cover, landscaped areas shall be seeded an/or sodded or provided with other acceptable ground cover.

(C)

Landscaping should be used to minimize potential erosion through the use of plant material which aid in soil stabilization.

(D)

Landscaping should maximize the shading of streets and off-street parking areas.

(E)

The use of plant materials indigenous to the area recommended. Plants which are not adaptable to the area because of cultural requirements shall not be used. (See division (F)(7) of this section).

(F)

All vegetation to be planted shall be Florida Ag. Grade I or better and conform to the following criteria:

(1)

Nursery stock shall be in accordance with the minimum requirements of the American Standards for Nursery Stock (ASNS), published by the American Association of Nurserymen.

(2)

Plants shall be sound, healthy, vigorous, free from mutilation, plant diseases, insect pests or their eggs and fungus and shall have healthy, normal root systems.

(3)

Trees shall be a minimum of three feet D.B.H. × 12 feet height, installed. In case of palms the height shall be six feet from the ground elevation to the base of the fronds. When palms are used in internal landscaped areas to meet requirements of this code, three palms shall be used for each tree required. Trees shall not be planted any closer than two and one-half feet from the edge of any landscaped area within and along the edges of parking areas and ingress/egress points. Trees shall require a minimum area of 25 square feet per tree.

(4)

Shrubs, when installed, shall be a minimum of 12 to 18 inches high and/or 18 feet spread for internal landscaped areas of parking area; and minimum of 24 to 30 feet high for landscaped strips lying between parking areas, public right-of-way and private roads and minimum of 36 feet high for buffers where a continuous hedge is required.

(5)

Vines shall be a size reasonably expected to become a minimum of 30 feet high one year after planting. Vines may be used in conjunction with walls and fences, to meet the minimum screening requirements.

(6)

Ground covers other than grass shall be planted in such a manner as to provide reasonably complete coverage within one year after planting. Turf areas may be seeded, sodded, plugged or sprigged, except sod and/or ground cover only for slopes greater than 4:1 (25 percent) is required.

(7)

Trees with a 12-inch or greater diameter will required a replacement ratio of 2:1 (i.e. 12 foot tree removed will require 24 inches of replacement or six four-inch trees).

(G)

All landscaped areas shall be provided with an irrigation system or reliable water supply within 25 feet. This requirement may be waived by the Site Plan Review Committee if xeric landscaping is provided; a water supply is available within 100 feet of all areas where xeric material is used.

(H)

Installation of all plant materials shall conform to standard acceptable horticultural practice.

(I)

Where berms are used within a landscaped area, slopes shall not exceed 25 percent and shall be completely covered with vegetation.

(J)

Maintenance of all landscaped areas shall be the responsibility of the property lessee. Failure to maintain plantings and other features of a required landscaped area in an attractive and healthy state shall be considered a violation of this code.

(K)

Landscaping materials shall meet the requirements of the clear sight triangle related to traffic circulation.

All utilities serving a site shall be underground, unless specifically approved otherwise by Site Plan Review Committee and Airport Authority.

(A)

Off-street parking spaces sufficient to accommodate the parking demands generated by the use shall be provided on the site. No on-street parking is permitted.

(B)

Minimum parking ratios will comply with Article VII of the Land Development Code.

(C)

Handicapped parking spaces shall be provided on the site as required by the Florida Accessibility Code for Building Construction.

(D)

Each off-street space shall be directly accessible from a street, alley or other public right-of-way or from and adequate access aisle or driveway leading to or from a street, alley or public right-of-way. All off-street parking facilities shall be so arranged that no automobile shall have to back into any street. No entrance or exit driveways shall back into any street. No entrance driveways shall be permitted closer than 50 feet from a street intersection.

(E)

It is the requirement that all vehicular parking be confined within the lessee's property. All parking stalls adjacent to 15 foot green area setback shall have concrete wheel stops.

(F)

All parking surfaces shall be concrete or asphalt.

(A)

All loading must be on the site and no on-street loading is permitted. Truck loading facilities shall be on the rear or side of the building, although loading on street fronts may be authorized when specifically permitted under exceptional circumstances.

(B)

Truck loading aprons and other loading areas shall be paved with a dust-free all-weather surface, be well drained and be of a strength adequate for truck traffic expected.

All fences must be of suitable materials in conformance with Land Development Code standards and must be approved in writing by Site Plan Review Committee and included as part of the site plan.

(A)

Each site and all improvements shall at all times be constructed, kept and maintained in first-class condition. All repairs, alterations, replacements or additions to improvements shall be at least equal to the original work in class and quality.

(B)

Each lessee shall also be responsible at all times for determining that all improvements and the plans and specifications therefor shall conform and comply in all respects with these restrictions, all other restrictions of record, all applicable governmental regulations and all exterior architectural design, location and color specifications as may be approved by Site Plan Review Committee. Each owner shall also adopt and maintain the standards of property space maintenance, appearance and housekeeping as shall be reasonable and customary for similar operations or enterprises and shall enforce compliance with the standards by all tenants, occupants or users of space.

(C)

Without limiting the generality of all other maintenance obligations contained elsewhere in this instrument, each owner shall be responsible for compliance with all applicable government requirements respecting: (i) the prevention of erosion of its site(s); (ii) the runoff of silt debris or sedimentation from any site onto adjacent drain systems or other properties; (iii) the removal of any such runoff, erosion or sedimentation; and (iv) the repair of any damage of the site(s) or adjacent properties caused by the runoff, erosion or sedimentation. Failure by an owner to comply with any of the foregoing obligations may subject the owner to certain governmental sanctions or remedies. In addition, upon any such failure and after receipt of ten days notice from city (or such shorter period as may be reasonably necessary due to emergency or other conditions then in effect) and in addition to but without any obligation to do so, may provide substitute performance of any such obligations at lessee's expense.

(A)

During construction each lessee shall be responsible for maintaining a neat site appearance. All trash and debris must be contained or covered.

(B)

Construction trailers must be kept at the rear of the site as far from the road frontage as possible.

No material of hazardous characteristic will be stored except with the explicit written approval of the Site Plan Review Committee and then in strict compliance with requirements of federal and state regulatory agencies. Underground tanks for storage of liquid petroleum products such as motor fuels are prohibited; requests for above ground storage of certain materials will be considered on a case basis and require the explicit written approval of the Site Plan Review Committee.

A method is hereby created for the City Council to allow tax exemptions for the restoration, renovation or rehabilitation of historic properties. The exemption shall apply to 100 percent of the assessed value of all improvements to historic properties which result from restoration, renovation or rehabilitation made on or after the effective date of the ordinance codified herein. The exemption applies only to taxes levied by the city. The exemption does not apply to taxes levied for the payment of bonds or taxes authorized by vote of the electors pursuant to § 9(b) or § 12, Article VII of the Florida Constitution The exemption does not apply to personal property.

Any exemption granted under this section to a particular property shall remain in effect for ten years, as specified in the ordinance approving the exemption. The duration of ten years shall continue regardless of any change in the authority of the city to grant the exemptions or any changes in the ownership of the property. In order to retain an exemption, however, the historic character of the property and improvements which qualified the property for an exemption, must be maintained over the period for which the exemption was granted.

(A)

Property is qualified for an exemption under this section for an exemption under this section if:

(1)

At the time the exemption is granted the property is:

(a)

Individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended;

(b)

A contributing property within a National Register-listed district; or

(c)

Individually listed as a contributing structure within a designated local historic district as enacted by ordinance or the City Council;

(2)

The Historic Preservation Board has certified to the City Council that the property for which an exemption is requested satisfied division (A)(1) above.

(B)

In order for an improvement to a historical property to qualify the property for an exemption, the improvement must be:

(1)

Consistent with the United States Secretary of Interior's Standards for Rehabilitation; and

(2)

Determined by the Historic Preservation Board to meet criteria established in rules adopted by the Department of State.

Any person, firm or corporation that desires ad valorem tax exemption for the improvement of a historic property must, in the year the exemption is desired to take effect, file with the Historic Preservation Division a written application on a form approved by the Department of State. All applicable fees shall be paid at the time the application is submitted The application must include the following information:

(A)

The name of the property owner and the location of the historic property;

(B)

A description of the improvements to real property for which an exemption is requested and the date of commencement of construction of the improvements;

(C)

Proof, to the satisfaction of Historic Preservation Board, that the property that is to be rehabilitated or renovated is a historic property under this section;

(D)

Proof, to the satisfaction of the Historic Preservation Board that the improvements to the property will be consistent with United States Secretary of Interior's Standards for Rehabilitation and will be made in accordance with guidelines developed by the Department of State;

(E)

Other information identified in appropriate Department of State regulations.

To qualify for an exemption, the property owner must enter into a covenant or agreement with the City Council for the term for which the exemption is granted. The form of the covenant or agreement must be established by the Department of State and must require that the character of the property and the qualifying improvements to the property, be maintained during the period that the exemption is granted. The covenant or agreement shall be binding on the current property owner, transferees and their heirs, successors or assigns. Violation of the covenant or agreement results in the property owner being subject to the payment of the differences between the total amount of taxes which would have been due in April of each of the previous years in which the covenant or agreement was in effect has the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in F.S. § 212.12(3).

The Historic Preservation Board or its successors, is designated to review applications for exemptions. The Historic Preservation Board must recommend that the City Council grant or deny the exemption. The reviews must be conducted in accordance with rules adopted by the Department of State. The recommendation and the reasons therefor must be provided to the applicant and to the City Council before consideration of the application at an official meeting.

(A)

A majority vole of the City Council shall be required to approve a written application for exemption. The exemption shall take effect on the first day of January following substantial completion of the improvement.

(B)

The City Commission shall include the following in the resolution or ordinance approving the written application for exemption:

(1)

The name of the owner and the address of the historic property for which the exemption is granted;

(2)

The period of time for which the exemption will remain in effect and the expiration date of the exemption; and

(3)

A finding that the historic property meets the requirements of this part.