3.01.01 Purpose. The purpose of this Article is to provide development design and improvement standards applicable to all development activity within the Town of Zolfo Springs.

3.01.02 Responsibility for Improvements. Unless otherwise specifically provided, all improvements required by this Article shall be designed, installed, and paid for by the Developer.

3.01.03 Principles of Development Design. The provisions of this Article are intended to ensure functional and attractive development. Development design shall first take into account the protection of natural resources as prescribed in Article 5 of this Code. All development shall be designed to avoid unnecessary impervious surface cover; to provide adequate access to lots and sites; and to avoid adverse effects of shadow, glare, noise, odor, traffic, drainage, and utilities on surrounding properties.

3.02.01 General Provisions

(A)

Purpose. This Section establishes minimum requirements applicable to the development transportation system, including public and private streets, bikeways, pedestrian ways, parking and loading areas, and access control to and from public streets. The standards in this Section are intended to minimize the traffic impacts of development, and shall be construed and implemented to create an efficient, safe, and balanced system of traffic circulation accommodating vehicles, bicycles, and pedestrians consistent with good engineering and development design practices.

(B)

Compliance with Technical Construction Standards. All required elements of the transportation system shall be constructed in compliance with generally accepted professional engineering design and construction standards.

3.02.02 Base Building Lines

(A)

General. The general purposes and intent of the Town in the establishment of base building lines are to provide an efficient and economical basis for acquisition of street rights-of-way; and to provide a convenient and adequate thoroughfare network to meet the present and future needs of residential, commercial and industrial traffic through and around the Town.

(B)

Base Building Lines Established. Base building lines are hereby established for all districts whereby no building or structure shall be constructed or erected closer than 15 feet from the road right-of-way line as shown on the Future Traffic Circulation Map of the Town of Zolfo Springs Comprehensive Plan. Base building lines shall run parallel to the right-of-way centerline. If a future right-of-way has been established and recorded, the recorded and proposed right-of-way shall be used for establishment of setbacks and base building lines.

No structure in any zoning district shall be placed forward of the base building line, regardless of the normal front or side street setback requirement for the district.

(C)

Base Building Line On State Roads. Regardless of the provisions of Section 3.02.02(B) or any other provision of this Code, no structure shall be placed within 25 feet of the edge of the right-of-way of any state road located within the Town.

3.02.03 Street Design Standards

(A)

General Design Standards.

(1)

All streets in a new development shall be designed and constructed in compliance with generally accepted professional engineering design standards. Streets shall be dedicated to the Town upon completion, inspection, and acceptance by the Town.

(2)

The street system of the proposed development shall, to the extent practicable, conform to the natural topography of the site, preserving existing hydrological and vegetative patterns, and minimizing erosion potential, runoff, and the need for site alteration. Particular effort should be directed toward securing the flattest possible grade near intersections.

(3)

Streets shall be laid out to avoid environmentally sensitive areas.

(4)

Private streets may be allowed within any development, provided they are designed and constructed pursuant all engineering standards applicable to public roads of the same functional classification.

(5)

Private ownership of streets may be permitted with approval by the Town Commission, if the developer, in writing, assures the Town that these private improvements shall be kept in a satisfactory state of repair and maintenance by the developer or by legally established homeowners association, which shall be clearly stated on the face of the final plat.

(6)

The street layout in all new development shall be coordinated with and interconnected to the street system of the surrounding area.

(7)

Streets in proposed subdivisions shall be connected to rights-of- way in adjacent areas to allow for proper inter-neighborhood traffic flow. If adjacent lands are unplatted, stub-outs in the new development shall be provided for future connection to the adjacent unplatted land.

(8)

Residential streets shall be arranged to discourage through traffic.

(9)

Street shall intersect as nearly as possible at right angles and in no case shall be less than 75 degrees.

(B)

Right of Way Requirements.

(1)

Widths: Right-of-way requirements for road construction are as follows:

(2)

Private road rights-of-way, when allowed within subdivisions, shall be the same width as public rights-of-way.

(3)

Where one-way private streets are utilized in Manufactured Home Parks or Seasonal Parks, the minimum right-of-way width shall be 25 feet.

(4)

Future right-of-way requirements are identified in the Traffic Circulation Element of the Town of Zolfo Springs Comprehensive Plan. Where roadway construction, improvement, or reconstruction is not required to serve the needs of the proposed development project, future rights-of-way shall nevertheless be reserved for future acquisition. No part of the reserved area shall be used to satisfy minimum requirements of these regulations. Building setback shall be based on future right-of-way line.

(5)

A proposed subdivision that encompasses an existing public street that does not conform to the minimum right-of-way requirements shall provide for the dedication of additional right-of-way along either one or both sides of said street so that the minimum right-of- way required by this can be established. If the proposed subdivision abuts only on one side of said street, then a minimum of one half the required right-of-way, shall be dedicated or reserved by the subdivision.

(C)

Pavement Widths. Pavement widths for each street classification shall be as provided in the following table:

(D)

Cul-de-sac Turnarounds

(1)

Permanent dead-end streets extending more than two lots or more than 125 feet (whichever is less) shall provide a cul-de-sac turnaround, the location and specification of which shall be established by the Town Engineer and the fire department.

(2)

An unobstructed 12-foot wide moving lane with a minimum outside turning radius of 38 feet shall be provided at the terminus of every permanent cul-de-sac.

(E)

Clear Visibility Triangle. In order to provide a clear view of intersecting streets to the motorist, there shall be a triangular area of clear visibility formed by two intersecting streets or the intersection of a driveway and a street. The following standards shall be met:

(1)

Nothing shall be erected, placed, parked, planted, or allowed to grow in such a manner as to materially impede vision between a height of two feet and ten feet above the grade, measured at the centerline of the intersection.

(2)

The clear visibility triangle shall be formed by extending a line from the back of the curb or the edge of pavement of two intersecting roadways to a point of intersection, measuring a prescribed distance from the point in both directions and drawing the hypotenuse of the triangle (see the following drawing). The "prescribed distance" is "X" in the following drawing.

(3)

The "prescribed distance", as referred to in (2) above, for the various road classifications shall be as follows:

(4)

Where roads of different functional classifications intersect, the distance for each street shall be used. For example, when a principal arterial and an urban collector intersect, there shall be no obstructions 100 feet along the principal arterial and 60 feet along the urban collector, from the intersection of the two streets.

(F)

Signage and Signalization. The developer shall deposit with the Town sufficient funds to provide all necessary roadway signs and traffic signalization as may be required by the Town, based upon Town or state traffic standards. At least two street name signs shall be placed at each four-way street intersection, and one at each "T" intersection. Signs shall be installed under light standards and free of visual obstruction. The design of street name signs shall be consistent, of a style appropriate to the community, and of a uniform size and color.

(G)

Blocks.

(1)

Where a tract of land is bounded by streets forming a block, said block shall have sufficient width to provide for two tiers of lots of appropriate depths.

(2)

The lengths, widths, and shapes of blocks shall be consistent with adjacent areas.

3.02.04 Sidewalks and Bikeways

(A)

When Required.

(1)

Projects abutting Urban Collector or Principal Arterial facilities shall provide sidewalks adjacent to such roadways. Location of sidewalks shall be consistent with planned roadway improvements.

(2)

Sidewalks shall be provided on both sides of all residential streets.

(3)

Where a proposed development includes improvements or new construction of collector or arterial facilities, facility designs shall include provision for sidewalks and bikeways within the right-of-way.

(4)

Residential projects adjacent to or in the immediate vicinity of commercial, office, service, or recreation activities shall provide pedestrian and bicycle access from the development to the activity center.

(5)

Pedestrian-ways or crosswalks, not less than ten feet wide with a sidewalk meeting the requirements of this Section, may be required to be placed in the center of blocks more than 800 feet long where deemed necessary to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities.

(B)

Design and Construction Standards. All sidewalks, bikeways, or other footpaths in a new development, including provisions for access by physically handicapped persons, shall be designed and constructed in compliance with generally accepted professional engineering design standards. Standards shall be consistent with those adopted by the American Association of State Highway and Transportation Officials (AASHTO) and the American with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG). Streets shall be dedicated to the Town upon completion, inspection, and acceptance by the Town.

3.02.05 Access Points Onto Streets. All proposed development shall meet the following standards for vehicular access and circulation:

(A)

Number of Access Points.

(1)

Every project shall have access to either a public Town, County or State right-of-way. Access to a state road is controlled and permitted by the Florida Department of Transportation in compliance with Chapter 14-97, F.A.C., State Highway System Access Management Classification System and Standards. The maximum number of points of access permitted onto any one road shall be as follows:

(2)

In lieu of any two openings onto any one road, there may be permitted a single point of access of up to a maximum width of 48 feet. When this alternative is elected there shall be a permanent median at the center of the opening.

(3)

Adjacent uses may share a common driveway provided that appropriate access easements are granted between or among the property owners.

(4)

Schools and/or uses requiring emergency vehicle access may have one additional access provided that the additional access drive is limited to school bus or emergency vehicle use only.

(5)

The Town Engineer may approve additional access points, or limit access points where transportation circulation and safety conditions permit.

(B)

Separation of Access Points.

(1)

There shall be a minimum distance of 12 feet between any two openings onto the same street.

(2)

No point of access shall be allowed within ten feet of the intersection of the right-of-way lines of any public road.

(3)

The distance between access points shall be measured from the centerline of the proposed driveway or roadway to the centerline of the nearest adjacent driveway or roadway.

(C)

Access to Residential Lots.

(1)

No residential lots having a width less than 125 feet shall abut a Principal Arterial without also directly abutting a local or Minor Arterial street.

(2)

No lot in a subdivision shall be approved with less than 20 feet of frontage on a public street right-of-way.

(D)

Paving. All driveways in all zoning districts must be paved with all- weather pavement of asphalt or concrete, and shall be so graded and drained as to provide for the adequate runoff and disposal of surface water, and shall be constructed in accordance with standards of the Town.

3.02.06 Standards for Drive-in Facilities. All facilities providing drive-up or drive-through service shall provide on-site stacking lanes in accordance with the following standards:

(A)

The facilities and stacking lanes shall be located and designed to minimize turning movements in relation to driveway access to streets and intersections.

(B)

The facilities and stacking lanes shall be located and designed to minimize or avoid conflicts between vehicular traffic and pedestrian areas such as sidewalks, crosswalks, or other pedestrian access ways.

(C)

A by-pass lane shall be provided.

(D)

Stacking lane distance shall be measured from the service window to the property line bordering the furthest street providing access to the facility, as measured along the centerline of the stacking lane.

(E)

Minimum stacking lane distance shall be as follows:

(1)

Financial institutions shall have a minimum distance of 200 feet. Two or more stacking lanes may be provided that together total 200 feet.

(2)

All other uses shall have a minimum distance of 120 feet.

(F)

Alleys or driveways in or abutting areas designed, approved, or developed for residential use shall not be used for circulation of traffic for drive-in facilities.

(G)

Where turns are required in the exit lane, the minimum distance from any drive-in station to the beginning point of the curve shall be 34 feet. The minimum inside turning radius shall be 25 feet.

(H)

Construction of stacking lanes shall conform to all generally accepted professional engineering design standards.

3.03.01 Applicability. This Section shall apply to all new construction requiring off-street parking, and existing nonconforming parking facilities if on-site renovation, construction or repair exceeds 50% of the assessed value of the property.

3.03.02 Off-Street Parking

(A)

Number Of Required Spaces. In all zoning districts, off-street parking shall be provided as set forth in the following table and as may be modified by the provisions following the table.

* Square Feet, Gross Floor Area (SFGFA) is defined as the total floor area of a building from its outside dimensions.

** Square Feet, Gross Leasable Area (SFGLA) is defined as the floor area of a building, less administrative, public and similar areas.

(B)

Off-Street Parking for the Physically Disabled. All development covered by F.S. §§ 316.1955—316.1956, shall provide parking for the physically disabled pursuant to the requirements of those sections. In addition, all residential developments with greater than 25 required parking spaces shall comply with the requirements of F.S. § 316.1956.

(C)

Parking Major Recreation Equipment In Residential Districts. Major recreation equipment may be parked or stored in a required rear yard but not in a required front yard or side yard; provided, however, that such equipment may be parked anywhere on residential premises for not to exceed 24 hours during loading and unloading.

Major recreation equipment is defined as "including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, houseboats, and the like."

(D)

Bicycle Parking.

(1)

Number of Spaces Required. One bicycle parking space shall be provided for every 10 automobile parking spaces, or fraction thereof, required for the use, except as provided below:

(2)

Design Standards

a.

Other bicycle parking devices may be used if it is established to the satisfaction of the Town that the standards below are met.

b.

The rack or other facility shall:

1)

Be designed to allow each bicycle to be supported by its frame.

2)

Be designed to allow the bicycle to be secured against theft.

3)

Be designed to avoid damage to the bicycles.

4)

Be anchored to resist removal and solidly constructed to resist damage by rust, corrosion, and vandalism.

5)

Accommodate a range of bicycle shapes and sizes and to facilitate easy locking without interfering with adjacent bicycles.

6)

Be located to prevent damage to bicycles by cars.

7)

Be consistent with the surroundings in color and design and be incorporated whenever possible into building or street furniture design.

8)

Be located in convenient, highly-visible, active, well-lighted areas.

9)

Be located so as not to interfere with pedestrian movements.

10)

Be located as near the principal entrance of the building as practicable.

11)

Provide safe access from the spaces to the right of way or bicycle lane.

(E)

Location of Parking Spaces. Parking spaces required by this Section shall be located as follows:

(1)

Such parking spaces as required in this Section shall in no part exist upon, and no portion of any vehicle shall overhang, the right- of-way of any public road, street, alley, or walkway. There shall be no off-street parking in the front yards of single family residences, except as normally exists in driveways or on a temporary basis to accommodate overnight guests or alternative use of the driveway.

(2)

Parking spaces for all other dwellings shall be located on the same development site as the main building.

(3)

Parking spaces for all other uses shall be provided on the same development site as the main building, or not more than 300 feet distant, as measured along the nearest pedestrian walkway. Such parking area may be located in an adjacent residential district provided that such parking area is screened so as to prevent headlights from shining on residential properties and to minimize vehicular noise.

(4)

Parking requirements for two or more uses, of the same or different types, may be provided by the establishment of the required number of spaces for each use in a common parking area.

(F)

Required Parking Lot Improvements. Any off-street parking lot serving any use other than dwellings of four units per building or less shall meet the following requirements for off-street parking lot improvements:

(1)

Buffer and canopy. The parking area will be buffered and canopy provided pursuant to Section 3.07.00.

(2)

Surfacing. For all retail sales and services, business services, and professional services serving the general public and having access to and abutting a paved street, the off-street parking area shall be provided with a hard surface of all-weather pavement, of asphalt or concrete, and shall be so graded and drained as to provide for the adequate runoff and disposal of surface water, and shall be designed and constructed in compliance with generally accepted professional engineering design standards.

(3)

All off-street parking areas shall be constructed of dust free surfaces, be well maintained; free of potholes, debris, weeds, broken curbs, and broken wheel stops; clearly striped; and with all area lighting in working condition. Off-street parking areas may utilize porous paver blocks over a compacted subbase, with the approval of the Town Engineer, in lieu of asphaltic or concrete paving.

(4)

Lighting. Where lighting facilities are provided for the parking area, they shall be designed and installed so as to direct the light away from any contiguous residential property.

(G)

Parking Deferral

(1)

To avoid requiring more parking spaces than actually needed to serve a development, the Town Commission may waive the provision of some portion of the off-street parking spaces required by this Section if the conditions and requirements of this Section are satisfied.

(2)

As a condition precedent to obtaining such a waiver by the Town Commission, the developer must show any one or more of the following:

a.

A parking study prepared by a qualified professional indicates that there is not a present need for the deferred parking.

b.

The developer has established or will establish an alternative means of access to the use that will justify deferring the number of parking spaces sought to be deferred. Alternative programs that may be considered by the Town Commission include, but are not limited to:

1)

Private and public car pools and van pools.

2)

Charging for parking.

3)

Subscription bus services.

4)

Flexible work-hour scheduling.

5)

Ride sharing.

6)

Establishment of a transportation coordinator position to implement car pool, van pool, and transit programs.

c.

The percentage of parking spaces sought to be deferred corresponds to the percentage of residents, employees, and customers who regularly walk, use bicycles and other non- motorized forms of transportation, or use mass transportation to come to the facility.

(3)

If the developer satisfies one or more of the criteria in (2), the Town Commission may approve a deferred parking plan submitted by the developer. The number of parking spaces deferred shall correspond to the estimated number of parking spaces that will not be needed because of the condition or conditions established.

(4)

A deferred parking plan:

a.

Shall be designed to contain sufficient space to meet the full parking requirements of this Section, shall illustrate the layout for the full number of parking spaces, and shall designate that are to be deferred.

b.

Shall not assign deferred spaces to areas required for landscaping, buffer zones, setbacks, or areas that would otherwise be unsuitable for parking spaces because of the physical characteristics of the land or other requirements of this Code.

c.

Shall include a landscaping plan for the deferred parking area.

d.

Shall include a written agreement with the Town that, one year from the date of issuance of the certificate of occupancy, the deferred spaces will be converted to parking spaces that conform to this Code at the developer's expense, should the Town Commission determine from experience that the additional parking spaces are needed.

e.

Shall include a written agreement that the developer will cover the expense of a traffic study to be undertaken or commissioned by the Town to determine the advisability of providing the full parking requirement.

(5)

At any time after one year from the date of issuance of a certificate of occupancy for the development, Town Commission shall have the authority to require that the deferred spaces be converted to operable parking spaces by the developer.

(6)

The developer may at any time request that the Town Commission approve a revised development plan to allow converting the deferred spaces to operable parking spaces.

(H)

Reduction for Mixed or Joint Use of Parking Spaces. The Town Commission may authorize a reduction in the total number of required parking spaces for two or more uses jointly providing off-street parking, when their respective hours of need of maximum parking do not normally overlap. Reduction of parking requirements, because of joint use may be approved, if the following conditions are met:

(1)

The developer submits sufficient data to demonstrate that hours of maximum demand for parking at the respective uses do not normally overlap.

(2)

The developer submits a legal agreement, approved by the Town Attorney, guaranteeing the joint use of the off-street parking spaces as long as the uses requiring parking are in existence or until the required parking is provided elsewhere, in accordance with the provisions of this Section.

(I)

Reduction for Low Percentage of Leasable Space. If a use has a very low percentage of leasable space, because of cafeterias, athletic facilities or covered patios; multiple stairways and elevator shafts; atriums; conversion of historic residential structures to commercial use; or for other reasons; the Town Commission may reduce the parking requirements, if the following conditions are met:

(1)

The developer submits a detailed floor plan describing how all of the floor area in the building will be used.

(2)

The developer agrees in writing that the use of the square footage identified as not leasable shall remain as identified, unless and until additional parking is provided to conform fully with this Code.

(J)

Parking Requirements within the Main Street Core. The following requirements apply to the area identified as the Main Street Code zone in the Downtown Overlay District as outlined in Section 2.04.03.01 and shown on the Official Zoning Map.

1.

General Requirements

(a)

Parking requirements for all development in the Main Street Core shall respect the parking standards of Article 3, Section 3.03.02 of this Code, except as expressly supplemented or modified in this section.

(b)

Parking requirements established in Section 3.07.00 for uses identified as special exceptions and in Section 3.08.00 for supplemental standards must be followed.

(c)

Any adjustments or alternatives to parking requirements not expressly provided in this Code must be submitted to the Planning and Zoning Board for review and the Town Commission for approval. As required by the Town Manager, a parking study shall be required to support such adjustments as established in Section 3.03.02(I)(8).

2.

Off-street Parking

(a)

Off-street parking shall be provided on the same lot as the building and use(s) for which parking is required.

(b)

Off-street parking requirements may be satisfied by on- street parking (parking located in the public right-of-way), parking located in public parking facilities, and/or payment of a fee in lieu of parking as provided in Sections 3.03.02(I)(5), 3.03.02(I)(6), and 3.03.02(I)(7).

3.

Off-street Parking Reduction

(a)

The Main Street Core zone warrants an automatic 25% reduction to the off-street parking requirements as included in the table in Section 3.03.02(A). This reduction does not apply to uses that have specific parking requirements in place through Section 3.07.00 or 3.08.00.

(b)

Off-Street Parking impacts must be completed if the impact generates more than 2 parking spots.

4.

Shared Off-Street Parking. Notwithstanding any other parking requirements set forth in this Section for individual land uses, when any land or building is used for two (2) or more distinguishable purposes (i.e. joint or mixed use development), the minimum number of parking spaces required to serve the combination of all uses shall be determined in the following manner:

(a)

Multiply the maximum allowable parking requirement for each individual use (as set forth in the Table in Section 3.03.02(A) for each use) by the automatic 25% reduction to determine the maximum parking requirement for each use.

(b)

Multiply the result for each individual use by the appropriate percentage as set forth in the Shared-Use Parking Credit Schedule as set forth below for each of the five (5) designated time periods (columns).

(c)

Add the resulting sums from each of the five time periods (columns). Where the computation results in a fractional number, a fraction over one-half (1/2) shall require one space.

(d)

The time period total (column) having the highest total value is the maximum shared parking space requirement for that combination of land uses.

Shared-Use Parking Credit Schedule

5.

On-Street Parking. On-street public parking may be provided within the Main Street Core. The construction of on-street parking spaces may be provided and counted towards the off-street parking requirement of the development site it is intended to serve, provided that:

(a)

The right-of-way has not been previously utilized for parking or, in cases where the right-of-way has been used for parking, only those spaces in addition to the number of existing spaces shall be counted;

(b)

Such parking spaces are clearly identified on the final site development plan and designed in accordance with appropriate Town, County, and/or State standards, as applicable; and

(c)

Such parking spaces shall be publicly accessible and cannot be reserved or restricted by the owner(s) or tenant(s) of the lot, unless approved by the Town Commission for special events or valet parking purposes.

(d)

One parking space credit shall be given for each on-street public space constructed.

(e)

In the event the Town, County, or State removes the parking spaces at any time for a public purpose, the property shall be considered lawfully nonconforming with respect to parking.

(f)

The construction of on-street public parking spaces may reduce the number of in-lieu public parking spaces required where a parking in-lieu fee is sought to meet parking requirements. (See Section 3.03.02(I)(7).

6.

Parking Located in Public Parking Facilities. The construction of parking spaces within public parking facilities may be provided and counted towards the off-street parking requirement of the development site it is intended to serve. Required parking for residential components of mixed-use developments are not eligible for this option.

7.

Payment In-Lieu of Parking. Subject to the limitations of this Section, new development, changes of use, building additions, and/or other improvements that result in the requirement to provide new parking or additional parking, have the option of requesting some of the parking spaces to be approved by the Town Manager through the payment in-lieu of parking program. The amount of the fee and time of payment shall be established by Commission resolution.

(a)

Required parking for residential components of mixed-use developments are not eligible for this in-lieu option.

(b)

A maximum limit of 75% of eligible required parking can be provided under this option, except for changes of use, for which there is no maximum.

(c)

Before granting such approvals, the Town Manager must find that adequate public parking options are available and that the request is consistent with the Town's Land Development Regulations and the Comprehensive Plan.

(d)

Where a contribution is accepted, the money is held in trust and spent on public parking facility purposes in a location that will meet the needs of the area generally.

8.

Parking Study Requirements

(a)

Applicability: A parking study, in addition to the application for site development approval, shall be submitted for proposed developments requesting a waiver or reduction of the total number of required off-street parking spaces.

(b)

Contents of the Parking Study: The parking study shall be designed to provide evidence supporting the requested waiver of the required number of parking spaces. The study shall be prepared, signed, and sealed by a certified professional traffic engineer and shall consider the following:

i.

Estimates of parking requirements shall be based on recommendations in studies such as those from the Urban Land Institute (ULI) or the Institute of Transportation Engineers (ITE) based on data collected from uses or combinations of uses that are the same or comparable to the proposed use; comparability shall be determined by density, scale, area, type of activity and location; the study shall document the source of data used to develop recommendations;

ii.

The extent to which a transportation system management program and use of alternative forms of transportation lessen the parking requirement.

3.03.02.01 Parking of Inoperable Vehicles (Including Partially dismantled, Wrecked or Junked Vehicles). No person shall leave any licensed or unlicensed inoperable vehicle or real property, including partially dismantled, wrecked or junked vehicles, on any roadway within the corporate limits of the Town for more than 72 hours, unless the vehicle is in a fully enclosed building, or on the premises of a licensed junkyard. (Refer to Chapter 263, Vehicles, Abandoned, of the Code of the Town of Zolfo Springs)

3.03.03 Off-Street Loading Requirements. Off-street loading spaces shall be provided in accord with the provisions of this Section.

(A)

Every hospital, institution, commercial or industrial building or similar use shall be provided with one loading space for each 20,000 s.f. or more of floor area, and requiring the receipt or distribution by vehicles of materials or merchandise shall have at least one permanent off-street loading space for each 20,000 s.f. of gross floor area, or fraction thereof, immediately adjacent to the principal building.

(B)

Retail operations, wholesale operations, and industrial operations, with a gross floor area of less than 20,000 s.f. shall provide sufficient space for loading and unloading operations in order that the free movement of vehicles and pedestrians over a sidewalk, street or alley shall not be impaired.

(C)

The standard off-street loading space shall be twelve feet wide, 25 feet long, provide vertical clearance of 15 feet, and provide adequate area for maneuvering, ingress and egress. The length of one or more of the loading spaces may be increased if full-length tractor-trailers must be accommodated. Developers may install spaces that are larger than the standard, but the number of spaces shall not be reduced on that account.

(D)

Mobile home and trailer sales establishments shall provide adequate space off of the public right-of-way for the maneuvering of mobile homes and trailers into position on the property without blocking traffic on the abutting street or road.

3.03.04 Design Standards for Off-Street Parking and Loading Areas

(A)

Location. Except as provided herein, all required off-street parking spaces and the use they are intended to serve shall be located on the same parcel as the use itself.

(B)

Off Street Parking. The Town Commission may approve off-site parking facilities as part of the parking required by this Code if:

(1)

The location of the off-site parking spaces will adequately serve the use for which it is intended. The following factors shall be considered:

a.

Proximity of the off-site spaces to the use that they will serve.

b.

Ease of pedestrian access to the off-site parking spaces.

c.

Whether or not off-site parking spaces are compatible with the use intended to be served, e.g., off-site parking is not ordinarily compatible with high turnover uses such as retail.

(2)

The location of the off-site parking spaces will not create unreasonable:

a.

Hazards to pedestrians.

b.

Hazards to vehicular traffic.

c.

Traffic congestion.

d.

Interference with access to other parking spaces in the vicinity.

e.

Detriment to any nearby use.

f.

The developer supplies a written agreement, approved in form by the Town Attorney, assuring the continued availability of the off-site parking facilities for the use they are intended to serve.

(3)

All parking spaces required by this Section for residential uses should be located no further than the following distances from the units they serve:

Resident parking: 200 feet

Visitor parking: 250 feet

Distances shall be measured from a dwelling unit's entry to the parking space. Where a stairway or elevator provides access to dwelling units, the stairway or elevator shall be considered to be the entrance to the dwelling unit. For purposes of measuring these distances, each required parking space shall be assigned to a specific unit on the development plan, whether or not the developer will actually assign spaces for the exclusive use of the specific unit.

(C)

Size

(1)

Standard and compact parking spaces shall be sized according to Figure A below.

(2)

Parallel parking spaces shall be a minimum of eight feet wide and 22 feet long. If a parallel space abuts no more than one other parallel space, and adequate access room is available, then the length may be reduced to 20 feet.

(3)

Tandem parking spaces must be a minimum of nine feet wide and 20 feet long.

(4)

A standard motorcycle parking space shall be four and one-quarter (4¼) feet wide and nine and one-quarter (9¼) feet long. Specialty bikes such as spiders, trikes, etc. shall utilize regular parking spaces.

(5)

The Board of Adjustment may modify these requirements where necessary to promote a substantial public interest relating to environmental protection, heritage conservation, aesthetics, tree protection, or drainage. The Town Engineer shall certify that the modification does not create a serious hazard or inconvenience, and the Board of Adjustment shall submit a written statement of the public interest served by allowing the modification.

(6)

Up to 20 percent of the required parking spaces may be designated as compact spaces with minimum dimensions of 8 feet by 16 feet. Compact spaces will only be allowed in projects requiring 20 or more parking spaces. The compact spaces shall be clustered in one or more groups of spaces and dispersed throughout the site so that drivers using either compact or full-sized spaces have equal access to the most convenient parking locations. Compact spaces shall be designated by signs on every third space, painted Compact on each pavement space and double striped to indicate their status. Spaces provided in excess of the required number of spaces may all be compact spaces provided that compact spaces shall never exceed 33 percent of the total number of spaces provided.

(D)

Layout

(1)

Pedestrian circulation facilities, roadways, driveways, and off- street parking and loading areas shall be designed to be safe and convenient.

(2)

Parking and loading areas, aisles, pedestrian walks, landscaping, and open space shall be designed as integral parts of an overall development plan and shall be properly related to existing and proposed buildings.

(3)

Buildings, parking and loading areas, landscaping and open spaces shall be designed so that pedestrians moving from parking areas to buildings and between buildings are not unreasonably exposed to vehicular traffic.

(4)

Landscaped, paved, and gradually inclined or flat pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas, and adjacent buildings. Pedestrian walks should be designed to discourage incursions into landscaped areas except at designated crossings.

(5)

Each off-street parking space shall open directly onto an aisle or driveway that, except for single family and two-family residences, is not a public street.

(6)

Aisles and driveways shall not be used for parking vehicles, except that the driveway of a single family or two-family residence shall be counted as a parking space for the dwelling unit, or as a number of parking spaces as determined by the Development Director based on the size and accessibility of the driveway.

(7)

The design shall be based on a definite and logical system of drive lanes to serve the parking and loading spaces. A physical separation or barrier, such as vertical curbs, may be required to separate parking spaces from travel lanes.

(8)

Parking spaces for all uses, except single family and two-family residences, shall be designed to permit entry and exit without moving any other motor vehicle.

(9)

No parking space shall be located so as to block access by emergency vehicles.

(10)

Compact car spaces shall be located no more and no less conveniently than full size car spaces, and shall be grouped in identifiable clusters.

3.04.01 Requirements for All Developments. The following basic utilities are required for all developments subject to the criteria listed herein.

(A)

Electricity and Telephone. Every principal use and every lot within a subdivision shall have available to it a source of electric power and telephone service, adequate to accommodate the reasonable needs of such use

(B)

Water and Sewer. Every principal use and every lot within a subdivision shall have central potable water and wastewater hookup whenever required by the Comprehensive Plan.

(C)

Illumination. All streets, driveways, sidewalks, bikeways, parking lots and other common areas and facilities in developments shall provide illumination meeting the following standard: Lighting to illuminate buildings, stages, open areas or advertising shall be designed so as to shine only on the subject property, and shall be directed away from any public street or residential area.

(D)

Fire Hydrants. All developments served by a central water system shall include a system of fire hydrants consistent with the following standards:

a.

Fire hydrants shall not be more than 1,000 feet apart, on alternating sides of the street; and

b.

Fire hydrants shall be placed either at intersections or at mid- block.

3.04.02 Design Standards. All utilities required by this Chapter shall meet or exceed the following standards:

(A)

Utility Easements. When a developer installs or causes the installation of water, sewer, electrical power, telephone, or cable television facilities and intends that such facilities shall be owned, operated, or maintained by a public utility or any entity other than the developer, the developer shall: 1) design those required by the minimum standards of the utility; and, 2) transfer to such utility or entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain such facilities.

(B)

Placement of Utilities Underground

(1)

All electric, telephone, cable television, and other communication lines (exclusive for transformers or enclosures containing electrical equipment, including but not limited to switches, meters, or capacitors that may be pad mounted), and gas distribution lines shall be placed underground within easements or dedicated public rights-of-way, installed in accordance with generally accepted industry standards.

(2)

Lots abutting existing easements or public rights-of-way where overhead electric, telephone, or cable television distribution supply lines and service connections have previously been installed may be supplied with such services from the utility's overhead facilities, provided the service connection to the site or lot is placed underground.

(3)

Screening of any utility apparatus placed above ground shall be buffered with a "C" buffer yard, where it abuts a residential lot. (See Article 3, Section 3.07.04, "Buffer Yards."

Treatment of stormwater runoff shall be required for all development, redevelopment and, when expansion occurs, existing developed areas. The stormwater treatment system or systems can be project specific, or serve sub-areas within the Town. The design and performance of all stormwater management systems shall comply with applicable State Regulations (Chapter 17-25 and Chapter 17-302, F.A.C.) and the rules of the Southwest Florida Water Management District (SWFWMD) stated in Chapter 40D-4, F.A.C. Stormwater discharge facilities shall be designed so as to not lower the receiving water quality or degrade the receiving water body below the minimum conditions necessary to maintain their classifications as established in Chapter 17-302, F.A.C. Steps to control erosion and sedimentation shall be taken for all development.

3.05.01 Stormwater Management Requirements

(A)

Performance Standards. All development must be designed, constructed and maintained to meet the following performance standards:

(1)

While development activity is underway and after it is completed, the characteristics of stormwater runoff shall approximate the rate, volume, quality, and timing of stormwater runoff that occurred under the site's natural unimproved or existing state, except that the first one inch of stormwater runoff shall be treated in an off- line retention system or according to FDEP's Best Management Practices.

(2)

The proposed development and development activity shall not violate water quality standards set forth in Chapter 17-3, F.A.C.

(3)

Maintenance activity that does not change or affect the quality, rate, volume or location of stormwater flows on the site or of stormwater runoff.

(4)

Action taken under emergency conditions to prevent imminent harm or danger, or to protect property from violent storms, hurricanes or other hazards.

(5)

Agricultural activity, provided farming activities are conducted in accordance with the requirements set forth in an approved Soil Conservation Service Conservation Plan. If the Conservation Plan is not implemented accordingly, this exemption shall become void and a stormwater permit shall be required.

(B)

Residential Performance Standards. It is intended that all of the standards in the citations from the F.A.C. are to apply to all development and redevelopment and that exemptions based on project size thresholds and individual structures do not apply for concurrency determinations. All development must meet F.A.C. and subsequently meet the following performance standards.

(1)

New Construction. For the purposes of determining whether residential development of 1-4 units on an individual lot requires retention, all the following standards must be met.

a.

Structure and all impervious surface can be placed less than 100 feet from the receiving water body; and,

b.

The topography of the lot is greater than a 6% slope; and

c.

the total of all impervious surface is 10% or more of the total lot area.

(2)

Infill development. Infill development within an existing subdivision or a developed residential area is exempt from a retention area, when the following condition has been met. Infill residential development shall be designed so as to not lower the receiving water quality or degrade the receiving water body below the minimum conditions necessary to maintain their classifications as established in Chapter 17-302, F.A.C.

3.05.02 Design Standards for Stormwater Management. To comply with the foregoing performance standards, the proposed stormwater management system shall conform to the following design standards:

(A)

Detention and retention systems shall be designed to comply with the FDEP's Best Management Practices.

(B)

To the maximum extent practicable, natural systems shall be used to accommodate stormwater.

(C)

The proposed stormwater management system shall be designed to accommodate the stormwater that originates within the development and stormwater that flows onto or across the development from adjacent lands.

(D)

The proposed stormwater management system shall be designed to function properly for a minimum 20-year life.

(E)

The design and construction of the proposed stormwater management system shall be certified as meeting applicable requirements, by a professional engineer registered in the State of Florida.

(F)

No surface water may be channeled or directed into a sanitary sewer.

(G)

The proposed stormwater management system shall be compatible with the stormwater management facilities on surrounding properties or streets, taking into account the possibility that substandard systems may be improved in the future.

(H)

The banks of detention and retention areas shall be sloped at no less than a 3:1 ratio and shall be planted with appropriate vegetation.

(I)

Dredging, clearing of vegetation, deepening, widening, straightening, stabilizing or otherwise altering natural surface waters shall be minimized.

(J)

Natural surface waters shall not be used as sediment traps during or after development.

(K)

Water reuse and conservation shall, to the maximum extent practicable, be achieved by incorporating the stormwater management system into irrigation systems serving the development.

(L)

Vegetated buffers of sufficient width to prevent erosion shall be retained or created along the shores, banks or edges of all natural or man-made surface waters.

(M)

In phased developments, the stormwater management system for each integrated stage of completion shall be capable of functioning independently.

(N)

All detention and retention basins, except natural water bodies used for this purpose, shall be accessible for maintenance from streets or public rights-of-way.

3.05.03 Special Considerations for Stormwater Management. Special consideration shall be given in the layout of streets, lots, blocks, buildings, and easements to the preservation of resource and specimen individual trees. Special consideration shall also be given to preserving natural drainage methods and natural topography and landscape. Special consideration shall be given to providing special screening, buffers, or berms where developments abut incompatible land uses.

3.05.04 Dedication or Maintenance of Stormwater Management Systems. If a stormwater management system approved under this Code will function as an integral part of a County-maintained drainage system, as determined by the County Engineer, the facilities shall be dedicated to Hardee County. The applicant shall be an acceptable entity and shall be responsible for the operation and maintenance of the stormwater management system from the time construction begins until the stormwater management system is dedicated to and accepted by another acceptable entity. All stormwater management systems that are not dedicated to Hardee County, shall be operated and maintained by one of the following entities:

(A)

The Town of Zolfo Springs.

(B)

An active water control district created pursuant to Chapter 298, F.S., or drainage district created by special act, or Community Development District created pursuant to Chapter 190, F.S., or Special Assessment District created pursuant to Chapter 170, F.S.

(C)

A State or Federal agency.

(D)

An officially franchised, licensed or approved communication, water, sewer, electrical or other public utility.

(E)

The property owner or developer if:

(1)

Written proof is submitted in the appropriate form by either letter or resolution, that a governmental entity or such other acceptable entity as set forth in paragraphs A-D above, will accept the operation and maintenance of the stormwater management and discharge facility at a time certain in the future.

(2)

A bond or other assurance of continued financial capacity to operate and maintain the system is submitted.

(F)

For-profit or non-profit corporations including homeowners associations, property owners associations, condominium owners associations or master associations if:

(1)

The owner or developer submits documents constituting legal capacity and a binding legal obligation between the entity and the Town affirmatively taking responsibility for the operation and maintenance of the stormwater management facility.

(2)

The association has sufficient powers reflected in its organizational or operational documents to operate and maintain the stormwater management system as permitted by the Town, establish rules and regulations, assess members, contract for services and exist perpetually, with the Articles of Incorporation providing that if the association is dissolved, the stormwater management system will be maintained by an acceptable entity as described above.

If a project is to be constructed in phases, and subsequent phases will use the same stormwater management facilities as the initial phase or phases, the operation and maintenance entity shall have the ability to accept responsibility for the operation and maintenance of the stormwater management systems of future phases of the project.

In phased developments that have an integrated stormwater management system, but employ independent operation and maintenance entities for different phases, such entities, either separately or collectively, shall have the responsibility and authority to operate and maintain the stormwater management system for the entire project. That authority shall include cross easements for stormwater management and the authority and ability of each entity to enter and maintain all facilities, should any entity fail to maintain a portion of the stormwater management system within the project.

3.06.01 General Provisions. All uses shall conform to the standards of performance described within this Article and shall be constructed, maintained and operated so as not to be injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious waste materials, odors, fire and explosive hazard or glare. Within 100 feet of a residential district, all processes and storage, except for vehicle parking, shall be in completely closed buildings. Processes and storage located at a greater distance shall be effectively screened by a solid wall or fence at least six feet in height. Where other ordinances or regulations (whether federal, state, or local) that may be adopted hereinafter impose greater restrictions than those specified herein, compliance with such other ordinances and regulations is mandatory.

3.06.02 Specific Standards

3.06.02.01 Vibration. Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on the property line of the property on which the use is located. No vibration at any time shall produce an acceleration of more than 0.1g or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, U.S. Bureau of Mines Bulletin No. 442. The equations of such bulletin shall be used to determine the values of enforcement.

3.06.02.02 Smoke. Every use shall be so operated as to prevent the emission of smoke, from any source whatever, to a density greater than described as Number 1 on the Ringelmann Smoke Chart; provided, however, that smoke equal to, but not in excess of, that shade of appearance described as Number 2 on the Ringelmann Chart may be emitted for a period or periods totaling four minutes in any 30 minutes. For the purpose of grading the density of smoke, the Ringelmann Chart as published and used by the United States Bureau of Mines, and which is hereby made, by reference, shall be standard. All measurements shall be at the point of emission. Smoke emission must comply with applicable rules of the FDEP.

3.06.02.03 Noise. Every use shall be so operated as to comply with the maximum performance standards governing noise described below. Objectionable noises due to intermittence, beat frequency or shrillness shall be muffled or eliminated so as not to become a nuisance to adjacent uses. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association.

3.06.02.04 Dust and Dirt. Every use shall be so operated as to prevent the emission into the air of dust or other solid matter that may cause damage to property and health of persons or animals at or beyond the lot line of the property on which the use is located. Emissions must comply with applicable rules of the FDEP.

3.06.02.05 Industrial Sewage and Waste. Every use shall be so operated as to prevent the discharge into any stream or the ground of any waste that will be dangerous or discomforting to persons or animals or that will damage plants or crops beyond the lot line of the property on which the use is located. Industries shall comply with applicable rules of the FDEP.

3.06.02.06 Hazardous Wastes. The handling and discharge of all hazardous waste shall follow all applicable standards established by the county health department, state legislature and the U.S. Congress. Appropriate Town officials shall review all procedures involving the handling and discharge of all hazardous waste to ensure that it does not create any safety or health problems.

3.06.02.07 Odors. Every use shall be so operated as to prevent the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located. There is hereby established, as a guide in determining the quantities of offensive odors, table III, chapter 5, Air Pollution Abatement Manual of the Manufacturing Chemists Association, Inc., Washington, D.C.

3.06.02.08 Glare. Every use shall be so operated as to prevent the emission of glare of such intensity as to be readily perceptible at any point on the lot line of the property on which the use is located.

3.06.02.09 Fumes, Vapors and Gases. There shall be no emission of fumes, vapors, or gases of a noxious, toxic or corrosive nature that can cause any danger or irritation to health, animals, vegetation, or to any form of property.

3.06.02.10 Heat, Cold, Dampness, or Movement of Air. Activities that shall produce any adverse effects on the temperature, motion or humidity of the atmosphere beyond the lot line shall not be permitted.

3.06.02.11 Fire and Safety Hazard. Each use shall be operated so as to minimize the danger from fire and explosion. The specific regulations to be met are set forth in the building code and the fire prevention code of the Town.

3.06.02.12 Radioactive Emission. There shall be no radiation emitted from radioactive materials or by- products exceeding a dangerous level of radioactive emissions at any point. Radiation limitations shall not exceed quantities established as safe by the U.S. Bureau of Standards.

3.06.02.13 Electromagnetic Radiation

(A)

No person shall operate or cause to be operated, any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure, or any other use directly or indirectly associated with these purposes that does not comply with the current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation. Further, such operation in compliance with the Federal Communications Commission regulations shall be unlawful if such radiation causes an abnormal degradation in the performance of other electromagnetic receptors or radiators of quality and proper design because of proximity, primary field, blanketing, spurious re-radiation, conducted energy in power or telephone systems or harmonic content.

(B)

The determination of abnormal degradation in performance and of good quality and proper design shall be made in accordance with good engineering practices as defined in the principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Radio Manufacturer's Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in the interpretation of the standards and principles shall apply: (1) American Institute of Electrical Engineers; (2) Institute of Radio Engineers; (3) Radio Manufacturer's Association.

Recognizing the special nature of many of the operations that will be conducted because of the research and educational activities, it shall be unlawful for any person, firm, or corporation to operate or cause to be operated, to maintain or cause to be maintained any planned or intentional source of electromagnetic energy, the radiated power from that exceeds 1000 watts.

3.07.01 Purpose and Intent. The Town Commission finds that landscaping makes important contributions to the public safety and the general welfare of the Town. The purpose and intent of this Section is to set forth requirements and standards for the provision of canopy trees and buffer yards, the conservation of native plants and trees, and the conservation of water resources in the Town. Specifically, it is intended that buffer yards will aid in reducing the potential negative impacts caused by glare, noise, dust, dirt, litter, odors and view of various land uses on adjacent properties. It is further intended that the planting of canopy trees will aid in lowering the ambient temperature of the air through increased shading; in conserving water; in enhancing the appearance of properties; in improving property values; and generally in protecting the health, safety and welfare of the public through the improvement of the quality of the human environment. As part of the development approval process, the Town of Zolfo Springs shall ensure that all new development is properly buffered to prevent adverse impacts on surrounding land uses.

3.07.02 Applicability and Exemptions

A.

Applicability. Except as specifically excluded in the exemptions below, the requirements and regulations of this Section shall apply to the following:

1.

The construction of any new building or improvements that require off-street parking and other impervious surfaces to be constructed on the site;

2.

The alteration of existing structures or improvements where the alteration adds usable floor area that requires additional off-street parking and other impervious surfaces to be constructed on the site;

3.

The construction or expansion of off-street parking and loading areas;

4.

The paving of any existing unpaved off-street parking and/or loading areas; and

5.

Any change of use which results in the property becoming a higher impact/higher intensity use.

B.

Exemptions. The development, redevelopment, reconfiguration, expansion or change of use of any site requiring review by the Town must comply with all elements of this Section, unless any of the following exemptions apply:

1.

Enlargement or repair of a single family or duplex residence unless specifically stated otherwise.

2.

New single family and duplex development on individual residential lots are exempt from all provisions of this Section, except the requirement of two (2) large or medium sized trees per residential lot, or one (1) large or medium sized tree per attached unit (refer to Table 3.07.09. A and B for tree species).

3.

Bona fide agriculture.

4.

Buildings and structures are not counted as impervious surface for the purpose of calculating the areas that must be shaded with canopy trees.

5.

Swimming pools and the area specifically designed to be the deck or pool apron abutting the pool are exempt from canopy requirements.

6.

Docks, piers, seawalls, boardwalks and other improvements designed to serve pedestrians near the water or in the use of boats are exempt from canopy requirements. Paved areas abutting a seawall, dock or pier are exempt to a maximum width of ten feet (10').

7.

Paved surfaces within the supporting cables of a radio, television or microwave tower or a cable television satellite receiver, are exempt from canopy requirements.

8.

Land developed in the Central Business District or other properties where existing buildings have reduced or no setbacks from property lines, which are physically unable to comply with buffer yard and/or canopy requirements.

3.07.03 Landscape Plans and Permits. Prior to issuance of a development permit, a landscape plan shall be submitted to the Town Manager, or his or her designee, showing canopy tree and buffer yard information required by this Section. The landscape plan shall be prepared consistent with the requirements provided in Article 7 of this Code. The landscape plan may be submitted separately, but shall be a part of a site development plan submission, where site development plan submission is required.

When landscaping is required under this Section, no building, grading or site preparation shall be allowed until the landscape plan has been approved by the Town Manager, or his or her designee. The plan shall be dated and stamped approved by the

Town and only these plans and the requirements of this Section shall govern the construction of the site landscaping and subsequent maintenance inspections. A permit shall be obtained for the project within twelve (12) months of the approval date of the approved landscape plan or the plan shall become invalid, unless granted an extension.

3.07.04 Landscaping. Landscaping shall include the conservation of native plants and trees; the selection and planting of trees to shade vehicular use areas, sidewalks and other paved surfaces; and the design, selection of trees and shrubbery, and the planting of landscape materials to establish buffer yards.

3.07.04.01. Selection of New Trees and Shrubs; Site Conditions. All plants identified in this Section are "Florida Friendly" plants for Hardee County, and are well suited to the environment in the Town. A Florida Friendly Landscape is designed to reduce impacts to the environment through the selection of the right plant for the right location, thereby reducing the need for greater landscape maintenance and irrigation.

All new living plant material to be installed shall be nursery grown and root pruned stock, free of insects, disease and defects, and shall satisfy the requirements of this Section and be Florida Grade No. 1 or better as defined in the most current edition of Grades and Standards for Nursery Plants, Florida Department of Agriculture and Consumer Services, Florida Division of Plant Industry. All plants installed on the site shall be in accordance with the plans stamped approved by the Town.

3.07.04.02. Preservation of Existing Trees and Shrubs. Existing trees and shrubs shall be preserved whenever possible provided the plants are all healthy species and are not listed as an exotic and/or nuisance plant in the most recent Invasive Plant List of the Florida Exotic Pest Plant Council. In these instances the plant material shall be acceptable to the Town and may be maintained in its natural setting and incorporated into the required landscaping areas to fulfill the intent of this Article. Landscape plans shall identify those existing plant materials credited toward the Town landscape requirements.

Areas of existing vegetation to remain on site and as noted on landscape plans shall not be encroached upon or damaged during construction by any or all activities above or below ground. Visible barricades shall be placed around these areas and shall be kept clear of all construction materials, traffic and debris. Areas that have been damaged or removed shall be replanted and refurbished to restore the area as much as possible to its original condition.

The following methods and procedures shall be followed when preserving trees:

1.

The use of hand labor may be necessary to clear vegetation within the drip line of those trees to be preserved.

2.

The area within the drip line of any tree to be preserved shall remain undisturbed; no materials, machinery, and soil shall be placed within the drip line.

3.

Materials, wires, signs or nails shall not be attached to any tree unless such materials are used to preserve the tree.

4.

All felled material shall be promptly and carefully removed from the site in order to avoid potential damage to remaining trees and vegetation.

5.

Visible barricades shall be erected around those trees to be preserved. These barricades shall be at the drip line of the tree(s) and no closer than ten (10) feet to the trunk of the tree.

6.

All efforts shall be made through the grading and drainage plan to maintain the natural drainage to those trees to be preserved.

3.07.04.03. Exotic and Nuisance Plants. The use of exotic and nuisance plants is prohibited and shall not be accepted as part of an approved landscape plan. For purposes of this Section, exotic and nuisance plants shall be those provided in the most recent Invasive Plant List of the Florida Exotic Pest Plant Council.

3.07.04.04. Minimum Tree Planting Height, Planting Area and Distance from Pavement

All newly planted trees shall be staked and guyed immediately after installation and shall remain supported until the root systems have established themselves to adequately support the tree.

3.07.04.05. Minimum Shrub Planting Requirements. Shrubs shall be a minimum of one (1) foot tall at the time of planting, except where they are to act as required screening for residential uses and districts, in which case they shall be a minimum of three (3) feet in height at the time of planting and maintained at a minimum height of five (5) feet at maturity. One (1) foot high shrubs shall be spaced no greater than thirty (30) inches on center and three (3) foot high shrubs shall be spaced no greater than thirty-six (36) inches on center. The Town may authorize alternate spacing for species which have especially broad coverage.

3.07.04.06. Ground Covers. Ground covers shall be spaced no greater than eighteen (18) inches on center and may be planted in lieu of lawn grass. A list of recommended ground cover species is provided in Table 3.07.09. E of this Section.

3.07.04.07. Lawn Grass. Grass may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion (generally slopes steeper than 10:1). Grassed areas that are installed by methods other than sod shall attain a full grassed coverage within three (3) months of the date of installation. A list of lawn grass species and their characteristics, including drought tolerance level, soil type, light requirements, wear tolerance and plant maintenance, are provided in Table 3.07.09. F. The selection of lawn grasses shall be based upon the species and characteristics which are most appropriate for the site.

3.07.04.08. Mulch. Planting beds shall be mulched with standard accepted mulch materials to 1) prevent the invasion of other plant species; 2) to absorb moisture for the benefit of the plants; and 3) to present a neat and orderly appearance of the landscaped area. The mulched bed shall have a uniform coverage and a minimum depth of two inches (2"). Mulched areas around trees should be at least 8 feet in diameter. The use of cypress mulch is discouraged.

3.07.04.09. Planting Beds. The planting bed for all landscaping materials shall be free of weeds, debris, and nuisance/invasive materials and shall consist of a healthy plant growth medium. The planting bed soil shall provide adequate support, drainage, and nutrients for the plants.

3.07.04.10. Landscaping for Decorative and Masonry Walls. Residential subdivisions and commercial and industrial developments may have decorative entrance and screening walls. Landscaping (a combination of trees and shrubbery) shall be installed within the property setback/buffer yard area. If there are no specific buffer yard requirements for the development, one (1) tree shall be planted for each fifty (50) linear feet of wall. Buffer yard trees and shrubs required by this Section shall be planted on the street side of the wall.

3.07.04.11. Tree Requirements for Residential Properties. Trees for new residential development shall be provided at a rate of two (2) large or medium sized trees per residential lot or one (1) large or medium sized tree per attached unit (refer to Table 3.07.09. A and B for tree species). Existing trees may be used to satisfy this requirement on individual development parcels provided they are not specifically listed as an invasive species in the most recent Invasive Plant List of the Florida Exotic Pest Plant Council.

3.07.04.12. Encroachments

A.

Structures. Accessory uses, buildings, and dumpster pads shall not encroach upon or conflict with required landscaped areas.

B.

Parking Stalls. No more than two (2) feet of vehicular overhang shall be allowed into a landscape area and no trees and shrubs shall be planted within the area of encroachment.

3.07.05 Canopy Coverage and Tree Species. Trees providing canopy coverage shall be required for the purpose of shading vehicular use areas, sidewalks and other paved surfaces associated with all development in the Town, thereby lowering the ambient temperature of the air through increased shading; conserving water; enhancing the appearance of properties; improving property values; and protecting the general health, safety and welfare of the public through the improvement of the quality of the human environment.

Buildings and structures shall not be counted as impervious surface for the purpose of calculating the areas that must be shaded with canopy trees.

A.

Canopy trees shall be selected from Table 3.07.09. A

B.

Canopy coverage trees shall be interspersed throughout all vehicular use areas rather than restricted in any way to only a portion of the site. This allows for flexibility and creative design opportunities.

C.

Trees located in buffer yards may receive partial credit in meeting vehicular use areas interior landscaping canopy requirements.

D.

Planting areas under trees shall be planted with shrubs and/or ground covers which are compatible with site conditions.

3.07.05.01. Vehicular Use Areas Interior Landscaping and Canopy Requirements. The standard for canopy is thirty-five percent (35%) coverage over all vehicular use areas associated with all land uses subject to these requirements.

3.07.06 Buffer Yards. A buffer yard is an area containing plant material, fences, walls and/or berms which provide a visual screen and physical separation between incompatible land uses. The purpose of this Section is to establish minimum buffer yard widths and landscaping requirements, in order to ensure compatibility between adjacent properties and land uses. The minimum required width of the buffer yard is therefore based on the potential degree of incompatibility between two abutting land uses.

3.07.06.01. Buffer Yards Between Proposed and Abutting Land Uses and Vacant Property. The Town provides four (4) different category types of buffer yards, identified as types A, B, C and D. Table 3.07.06. A, establishes the type of buffer yard required between proposed and existing land uses. When property adjacent to a proposed development is vacant, the need for a buffer yard is determined by the principal use permitted by the zoning classification of the vacant site as provided in Table 3.07.06. B.

3.07.06.02. Buffer Yards along Rights-Of-Way. In addition to the standards set forth in this Section regarding landscape requirements between proposed and abutting land uses and vacant property, provisions shall also be made to buffer land uses from adjacent public rights-of- way as follows:

A.

Arterial Roadways. Land uses, excluding agriculture, located along arterial roadways are required to provide a landscape strip at least ten (10) feet wide with a minimum of five (5) trees for each one hundred (100) linear feet of right-of-way frontage, or fraction thereof. In addition, seven (7) shrubs per tree shall be planted within the landscape strip.

B.

Collector Roadways. Land uses, excluding agriculture, located along collector roadways are required to provide a landscape strip at least ten (10) feet wide with a minimum of one (1) tree and seven (7) shrubs for each fifty (50) linear feet of right-of-way frontage, or fraction thereof.

C.

Railroad Rights-Of-Way. Commercial and industrial land uses located along railroad rights-of-way shall not be required to provide buffering between the use and the right-of-way. New residential developments, excluding individual single-family home sites, individual duplex units and individual infill lot development shall meet the requirements of a "D" buffer yard as specified under Section 3.07.06.04 of this Section.

D.

Residential Street. New residential developments, excluding individual single-family home sites, individual duplex units and individual infill lot development, located along a residential street, shall provide a landscape strip at least five (5) feet wide with at least one tree per lot. Any trees within this buffer yard may count towards the two (2) tree requirement per Section 3.07.04.11 of this Section.

E.

Setbacks for Vision Clearance. Buffer yards shall comply with Section 3.02.03(D), Clear Visibility Triangle.

3.07.06.03. Buffer Yards for Free Standing or Satellite Parking Lots. Buffer yards for free standing or satellite parking lots shall meet the following requirements:

A.

Residential Zoning Districts: Free standing or satellite parking lots located in residential zoning districts, which serve adjacent zoned businesses, shall meet the following requirements.

1.

Site plan approval by the Town Commission is required;

2.

Where the parking lot is contiguous to side lot lines of residentially zoned property, a side yard at least ten feet (10') in width shall be provided;

3.

The parking area shall be provided with a continuous, unpierced masonry wall six feet (6') in height adjacent to all required yards. All such walls shall be smoothly finished and shall not be used for any sign;

4.

All yard spaces between the required wall and lot lines shall be landscaped with at least one hedgerow of hardy shrubs, not less than five feet (5') in height, placed next to the walls, and the remainder of the yard spaces shall be lawn. All such landscaping shall be maintained in a healthy, growing condition, neat and orderly in appearance, and yard spaces shall be kept free of refuse or debris;

5.

Where the parking lot is separated from residentially zoned property by a street, a buffer yard at least ten feet (10') in width shall be provided along the street frontage;

6.

Where the parking is located upon a street upon which residentially zoned properties front and abut in the same block, a front yard shall be provided at least 25 feet (25') in depth. Where one or both of the lots contiguous to and on each side of the parking lot are developed with residential structures having front yards greater than 25 feet (25') in depth, the front yard on the parking lot shall be not less in depth than the deeper of these existing front yards.

B.

All Other Zoning Districts: With the exception of letter A above, free standing or satellite parking lots located in all other zoning districts shall be designed in accordance with the following requirements.

1.

The parking area shall be provided with a buffer yard at least ten feet (10') in width along all property lines and streets on which the off-street parking area is located.

2.

See Section 3.07.06.01, Buffer Yards along Rights-Of-Way, for landscape buffer requirements adjacent to public rights-of-way.

3.

Relief of the buffer yard requirements may be granted by the Town Commission along property lines where adjoining businesses wish to share a common lot. Where this is the case, site plan approval by the Town Commission is required.

C.

Site Plan Review: The Town Commission may consider specific site plan requests under this Section. The Council may accept or reject the original request, or it may impose conditions or safeguards on the request which is finds necessary to uphold the public purpose and the intent of the Town Code. Approval shall be in the form of a resolution.

Table 3.07.06.A.
Buffer Yard Requirements between Proposed and Abutting Land Uses

N = No Buffer Yard Required.
A through D = Type of Buffer Yard Required (See Section 3.07.06.04 for Illustrated Examples of Buffer Yard Designs).

Table 3.07.06.B.
Buffer Yard Requirements between Proposed Land Use and Vacant Property

N = No Buffer Yard Required.
A through D = Type of Buffer Yard Required (See Section 3.07.06.04 for Illustrated Examples of Buffer Yard Designs).

3.07.06.04. Buffer Yard Diagrams. Upon determining the type of buffer yard required for a property (type A, B, C, or D), the yard width and number of plantings shall be calculated. Three options are offered within each buffer yard type, allowing a buffer yard which best fits the constraints and features of the site. Any of the options within a particular buffer yard type will fulfill the buffer yard requirement. For example, if a Buffer Yard A is required, there are three options to choose from; a ten (10) foot wide buffer, a fifteen (15) foot wide buffer or a twenty (20) foot wide buffer. The number of trees and shrubs to be planted within the buffer yard area is dependent upon the buffer yard width chosen; a wider buffer yard requires less plant material.

The diagrams specify the number of each type of plant required per 100 linear feet, excluding any driveway access. The plant material does not need to be equally spaced and may be placed in any configuration, or grouped to best display the plant material within the required buffer yard area. When natural plant material is present, it may be counted towards the total buffer yard requirement for trees and shrubs provided the existing material is generally consistent with the intent of this Article.

3.07.06.05. Buffer Yards, Utilities and Utility Easements. Utility easements in a buffer yard do not prohibit the planting of shrubs in the area of the easement of an underground utility, but no tree shall be planted within twelve feet (12') of a buried utility. Tree planting restrictions in relation to overhead power lines are identified in Tables 3.07.09. A, and 3.07.09. B, of this Section. Large and medium sized trees should not be planted closer than fifteen feet (15') to any light pole.

3.07.07 Installation, Irrigation, Inspection, Certificate of Occupancy/Completion and Maintenance. All plants shall be "Florida Grade No. 1" or better, shall be healthy and free of diseases and pests, and shall be of nursery stock in a minimum of two (2) gallon containers.

A.

Installation.

1.

The developer shall provide an appropriate planting soil medium for required plants and shall irrigate plant materials to sustain healthy growth of all plants to maturity.

2.

Areas on any development site not used for buildings, including single family and duplex development on individual lots, paved surfaces, or other landscape improvements shall be sodded or seeded prior to the issuance of a Certificate of Occupancy/Completion.

3.

Areas within public rights-of-way, and areas off-site which have been disturbed by construction activity, shall be cleaned of all debris, re-graded to the proper elevations, and sodded so as to restore the area to a stabilized and planted state.

B.

Irrigation.

1.

No irrigation system shall be required where existing natural plant communities are maintained.

2.

All new landscaped areas shall be provided with an appropriate irrigation system, consistent with the needs of the plants contained therein and water conservation efficient.

3.

An irrigation system shall be designed to provide full coverage of all landscape areas without over spraying onto impervious surfaces including pavement, vehicular or pedestrian areas and/or adjacent properties.

4.

The irrigation system shall be operational prior to the issuance of any Certificate of Occupancy/Completion for the property.

C.

Inspection and Certificate of Occupancy/Completion. The Town Manager, or Building Director, shall inspect the landscaping installation to ensure that it is in conformance with the requirements set forth in this Section and with the approved landscape plan.

D.

Maintenance. Landscape areas shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris.

3.07.08 Violations and Penalties

A.

All plant material which dies shall be replaced with plant material of required variety and size within thirty (30) days from the date of official notification.

B.

Consistent with letter A above, if a restoration plan is presented and differs from the original approved plan, three (3) copies of such restoration plan shall be submitted and approved by the Town Manager, or his or her designee. The Town Manager, or his or her designee, shall re-inspect the property for compliance after the restoration is complete.

C.

Each failure to comply with any of the provisions of this Article shall constitute an individual violation. Failure to maintain viable landscaping consistent with the approved landscape plan shall constitute a violation subject to penalties and shall be subject to code enforcement action by the Town.

3.07.09 Plant Species List. Plants species identified in this Section include "Florida Friendly" native and non-native plants. Any new plant material, which will serve to meet the Town's minimum landscape requirements, shall be selected from the following plant species tables.

In calculating canopy requirements, each existing tree to be preserved, and each new tree to be planted shall be credited with its mature canopy, as provided in this Section. If an on-site preserved tree is not listed as an invasive plant in the most recent Invasive Plant List of the Florida Exotic Pest Plant Council, and its actual canopy exceeds the canopy area identified in this Article, the greater canopy area may be used in calculating canopy coverage.

Large Trees

Table 3.07.09. B
Medium and Small Trees

Table 3.07.09.C.
Large Shrubs

Table 3.07.09. D.
Small Shrubs

Table 3.07.09. E.
Ground Covers

Table 3.07.09. F.
Lawn Grass Species

Source: "Selecting a Turf Grass for Florida Lawns," University of Florida IFAS Extension (ENHO4, 2007).

The purpose of this Section is to set the standards and requirements for Site Development Plan review. The intent of this Section is to ensure that certain uses are compatible with surrounding properties and are designed to safeguard the public health, safety, and welfare. Where standards provided herein exceed and/or create greater restrictions than those of the underlying zoning district, this Section shall supersede any other provision of this Code. Where no standard is established in this Section, that of the relevant zoning district shall apply.

3.08.01 Single Family Detached Dwelling Units. Single Family Detached Dwelling Units include Mobile Home Parks, RV Parks, Single Family Standard Construction Homes, and Single Family Manufactured Home. The definitions of these terms can be found in Article 9. The districts in which any one of these uses is allowed can be found in Table 2.04.01(A), Table of Land Uses, in Article 2.

3.08.01.01 Recreation Vehicle (RV) Parks. It is the purpose of these standards to provide minimum development guidelines for a RV park designed only to accommodate the recreation vehicle. For the purposes of this ordinance, a recreation vehicle park is defined as a development in which recreation vehicles and/or "park model" mobile homes are permanently sited and occupied year round. An RV campground, on the other hand, is a development for overnight or limited vacation-season type. These provisions are intended to protect established or permitted uses in the vicinity of such a park, and to protect and promote the orderly growth and development of the Town of Zolfo Springs.

(A)

General Requirements. RV parks shall be a permitted use in PR district, and may be permitted in R-MHA and R-MHB districts with a Site Development Plan. Development standards provided in this Section shall supersede those of the underlying zoning district. RV Campgrounds are a Special Exception use (see Article 3, Section 3.09.00, "Devel. Standards for Uses Permitted by Special Exception, 3.09.02").

Duration of Stay in a RV Park. Vehicle sites are intended for year round occupancy.

(B)

Environmental Requirements

(1)

General. Condition of soil, groundwater level, drainage, and topography shall not create hazards to the property or to the health and safety of the occupants.

(2)

Soil and Ground Cover Requirements. Exposed ground surfaces in all parts of every vehicle site area or other vehicle parking area shall be paved, or covered with stone screening, or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.

(3)

Drainage Requirements. Surface drainage plans for the entire tract shall be reviewed by appropriate Town staff, who shall determine whether the proposed plan is compatible with the surrounding existing drainage pattern and any relevant drainage plan of the Town, prior to issuance of Site Development Plan approval and building permits. No permit shall be issued in such instance where the Building Official finds the plan to be incompatible with surrounding areas.

(C)

Tract Requirements. The tract requirements are listed in the Table of Development Standards, Table 3.08.01.02(A) above, with additional requirements as follows:

(1)

The tract shall have at least 75 feet of frontage on a Principal or Minor Arterial roadway, as designated on the Future Traffic Circulation Map of the Town of Zolfo Springs Comprehensive Plan.

(2)

The minimum width of the tract shall be 150 feet at the front building setback line.

(3)

Where any property line of a RV Park abuts land either zoned for residential use or occupied by a residential use permitted by this Code, there shall be provided and maintained along, or within ten feet of, said property line a solid face masonry wall, with a finish of stucco or other texture, no less than six feet in height, which shall be in addition to the buffer yard required by Section 3.07.00.

(4)

Where an RV Park abuts an agricultural use, the tract setbacks shall be 50 feet on the front, sides and rear.

(D)

Vehicle Site Requirements. The individual site requirements are listed in the Table of Development Standards, Table 3.08.01.02(A) above, with additional requirements as follows:

(1)

For the purpose of determining vehicle site width and depth, the width of a vehicle site shall be measured at right angles to and between the designated side boundary lines. The depth of a vehicle shall be measured at right angles to and between the designated front and rear boundary lines.

(2)

The minimum distance between RVs shall be 15 feet at the rear and sides and 15 feet at the front. The minimum distance between an RV and any structure shall be 20 feet. The minimum allowable distance between RVs shall, for the purpose of this section, be measured from and between the outermost structural parts or attached accessory features. The minimum distance between an RV and the edge of the park road shall be 15 feet.

(3)

Each vehicle site shall be clearly defined by a permanent marker, constructed of a masonry or metal, placed at all corners and flush with the ground.

(4)

The addition or attachment of any permanent structures, such as awnings, porches, carports, or individual storage facilities, not specifically designed and included as a standard part of the original RV may be permitted in an RV Park, so long as they meet all required setbacks and all other requirements of this Code.

(5)

Skirting: All existing mobile homes, park models and permanent RV units must be skirted within 90 days of notice; and, all newly placed mobile homes, park models and permanent RV units must be skirted within 90 days of placement. Skirting shall be maintained and remain intact.

(E)

Recreation and Open Space Requirements. There shall be provided within a RV Park at least one area designed for recreational and open space use that is easily accessible from all vehicle sites. The size of such recreation area shall not be less than 8% of the entire tract area.

(F)

Street System and Off-Street Parking Requirements

(1)

General. All parking areas shall be provided with safe and convenient vehicular access from abutting public streets and roads to each vehicle site. Alignment and gradient shall be properly adapted to topography. Surfacing and maintenance shall provide a smooth, hard and dense surface which shall be well drained.

(2)

Access. Access to a RV Park from a public street or road shall be designed to minimize congestion and hazards at the entrance and on adjacent streets. All traffic into or out of the parking areas shall be through such entrances and exits.

a.

The entrance to each RV Park shall be a driveway at least 40 feet wide with a turn radius of 100 feet or more from the public roadway, for maneuvering of vehicles.

c.

Each RV Park site check-in location shall be setback 200 feet from any public right-of-way to accommodate the stacking of vehicles awaiting check-in.

(3)

Internal Streets. All internal streets are to be paved with an asphaltic or concrete surface. Road surfacing shall meet the following minimum width requirements:

a.

One-way travel: 12 feet.

b.

Two-way travel: 20 feet.

(4)

Off-Street Parking and Maneuvering Space. See Section 3.03.00, Off-Street Parking Requirements.

(G)

Utilities

(1)

Water Supply System. Connection to a potable public supply of water is required. Provision of water supply, water storage and water distribution shall be made in accordance with requirements and standards established by this Code and the State of Florida.

(2)

Watering Stations. Each RV Park shall be provided with one or more easily accessible water supply outlets for filling RV water storage tanks in accordance with design and construction requirements established by the State of Florida.

(3)

Sanitary Connections. Each RV Park shall be provided with individual connections to each vehicle site in the RV Park connected to an on-site sewage disposal system or available public system.

(4)

Electrical and Gas Systems. Each RV Park shall be provided with an electrical or gas system, which shall be installed and maintained in accordance with applicable codes and regulations.

(H)

Refuse Handling

(1)

General. The storage, collection and disposal of refuse (garbage, ashes, and rubbish) in a RV Park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazard or air pollution in accordance with requirements established by the State of Florida.

(2)

Location. All refuse shall be stored in watertight, fly-proof, rodent-proof containers, which shall be located within 150 feet of any vehicle.

(3)

Collection. All refuse containing garbage shall be collected at least twice weekly.

(I)

Service Buildings and Facilities

(1)

General. The requirements of this section shall apply to service buildings, recreation buildings and other service facilities, such as:

a.

Management offices, repair shops and storage areas.

b.

Sanitary facilities.

c.

Laundry facilities.

d.

Indoor recreation areas.

(2)

Service Buildings for Dependent Vehicles. A central service building containing the necessary toilet and other plumbing fixtures specified by the State of Florida shall be provided in an RV Park which provides vehicle sites for dependent vehicles. Service buildings shall be conveniently located within a radius of approximately 300 feet of the sites to be served. This building may also be designated a hurricane shelter if it is built to the standards for hurricane shelters in the Standard Building Code.

(3)

Hurricane Shelter. Each RV Park must provide one or more buildings to house guests in a permanent building in the event of a hurricane, at a rate of 20 s.f. of habitable floor space per person. Alternative cooking fuel sources; electrical generation for emergency lighting; sanitary sewer facilities; and, an alternate source of water separate from the Park source (e.g. water in drums) shall be provided and maintained. Each building must be built to conform with the Standard Building Code for hurricane shelters.

To calculate the size of the hurricane shelter to be built in a Park, each RV space will be counted at a minimum of two persons per space. Shelter space shall be provided for 80% of total park spaces.

Service buildings may be used as hurricane shelters as long as the buildings are built to minimum Standard Building Code regulations for hurricane shelters.

(4)

Service Facilities in Connection with Other Businesses. When an RV Park requiring a service building is operated in connection with a resort or other business establishment, the number of sanitary facilities for such business establishment shall be in addition to those required by the public health standards for vehicle sites and shall be based upon the total number of persons using or expected to use such facilities.

(5)

Pedestrian Access to Service Buildings and Facilities. Appropriately drained, clear walkways having a width of not less than five feet shall be provided from the vehicle sites to all service buildings and facilities, refuse collection areas, and recreation areas.

(6)

Outdoor Cooking and Incinerator Facilities. All outdoor cooking and incinerator facilities shall be so located, constructed, maintained and used as to minimize fire hazard and smoke nuisance both on the property on which they are used and on neighboring property. Plans, construction, and operation of incinerators shall be carried out in accordance with requirements of the State of Florida.

(J)

Permit Procedures and Requirements

(1)

Site Development Plan. Any applicant for the required permits to establish, construct, alter or extend an RV Park shall first request and receive approval of a Site Development Plan in accordance with the provisions of Article 2 and Section 7.05.00 of this Code.

(2)

Health and Sanitation Permit. After receipt of required land use approvals, applicant shall then apply for and receive a health and sanitation permit for the proposed RV Park from the Hardee County Health Department and the State of Florida in accordance with the requirements of appropriate agencies.

(3)

Building Permit. Upon completion of (1) and (2) above, application shall be made to the Town for the building permit to construct, alter, or extend an RV Park in accordance with the provisions of this Section. Before issuing a building permit, the Town Clerk shall determine that all applicable review procedures and standards required under this Code have been satisfactorily met.

(K)

Allowable Accessory Uses:

(1)

Clubhouse, laundry, swimming pool, and other shared facilities for the common use of the residents of a development.

(2)

No more than one single family home, at least 600 s.f. in size, for the use of a resident manager.

(3)

Carports, porches, Florida rooms, and awnings that are physically attached to mobile homes. Such structures shall not exceed a cumulative total of 300 s.f. Freestanding cabanas, storage sheds, and other detached structures for private use must meet all required setbacks and all other requirements of this Code.

(4)

Vehicles that exceed 30 feet in length, "car caddies", boats and accessory trailers shall be stored in a storage area. Storage area is for the use of park residents only, and shall be fenced and landscaped to a minimum height of eight feet. Storage of these units shall be prohibited on individual mobile home sites or on park roads.

3.08.02 Group Care Facilities

3.08.02.01 Nursing Home

(A)

A Site Development Plan is required in all residential districts.

(B)

Facility shall be licensed by the Florida Department of Health and Rehabilitative Services.

3.08.03 Retail Commercial: No Outdoor Storage or Activities

3.08.03.01 Drinking Establishment

(A)

A Site Development Plan is required in C-C district.

(B)

Establishments selling, serving and dispensing alcoholic beverages including wine and beer, shall be setback 500 feet from any place of worship, school, or publicly owned and operated playground area, which distance shall be measured from public entrance to public entrance.

3.08.03.02 Mini-Warehouses. A site development plan is required for a mini-warehouse. It is the purpose of these standards to provide minimum development guidelines for a mini- warehouse facility and to protect established or permitted uses under these regulations in the vicinity of such a facility.

A mini-warehouse shall be the sole use of the property. Other activities in place of or in addition to mini-warehouse shall not be permitted. No storage bay or unit in a mini-warehouse shall be used as a place of business by persons renting storage space, and no occupational license shall be approved for the property other than that of the mini-warehouse owner/operator.

(A)

Development Site Requirements

(1)

Minimum Lot Size. An area not less than 20,000 s.f., with a minimum width of 100 feet and a minimum depth of 200 feet.

(2)

Setbacks

Front: 35 feet.

Side: 40 feet if contiguous to property designated for residential use on the Future Land Use Map.
10 feet if contiguous to property designated for commercial or industrial use on the Future Land Use Map.

Rear: 40 feet if contiguous to property designated for residential use on the Future Land Use Map.
20 feet if contiguous to property designated for commercial or industrial use on the Future Land Use Map.

(3)

Maximum Lot Coverage. No more than 40% of the development site shall be covered by structures.

(B)

Design Requirements

(1)

Lighting: All lights shall be shielded to focus and direct light onto the uses established, and away from adjacent property, but may be of sufficient intensity to discourage vandalism and theft. Reference Section 3.06.00, Performance Standards, for applicable glare and lighting standards.

(2)

Fencing: Where a property line abuts and is contiguous to any residential land use classification, a six-foot (6') solid face masonry wall shall be constructed along the property line with a finish of stucco or other texture.

(3)

Signs: A single sign shall be permitted for each abutting road right-of-way, not to exceed fifteen feet (15') in height or 40 s. f. in gross surface area. No other signs shall be permitted on the property, except traffic directional signage. Signs shall be set back at least fifteen feet (15') from all property lines.

(4)

Landscaping: Landscaping shall be provided in all required setback areas according to the standards of Section 3.07.00.

(5)

Parking: There shall be a minimum of two parking spaces, which shall be located in proximity to the business or manager's office on the site.

3.08.03.03 Recycling Center: Indoor. The following regulations shall apply in C-C and PI.

(A)

All processing activities, as well as associated machinery or equipment, shall be located inside a permanent structure.

(B)

No recycled materials shall be stored outdoors, either before or after processing.

(C)

Facility structure shall be set back no less than 40 feet from all property lines.

3.08.03.04 Shopping Centers less than 150,000 s.f.

(A)

Development site shall not exceed five acres.

(B)

Total floor area shall not exceed 150,000 s.f.

(C)

Development site shall front on a collector or arterial roadway. Primary points of ingress-egress shall connect to such roadway.

(D)

Structures shall set back no less than 50 feet from any property zoned or designated on the Future Land Use Map for residential use.

(E)

A bank or real estate office may be permitted in a commercial bay or unit within a shopping center.

3.08.04 Automotive

3.08.04.01 Service Stations

(A)

Site. The minimum frontage on an arterial street shall be 150 feet. The minimum area of a service station development site shall be 15,000 s.f. Construction on site of minimum area shall include no more than two service bays and two pump islands. One service bay and one pump island may be added for each additional 2,000 s.f.

(B)

Service Area. Service areas shall be provided as follows:

(1)

Paving. The entire area of service station sites not covered by structures and landscaping shall be paved; either concrete or asphaltic concrete shall be used for the paved areas.

(2)

Curb. At the property line, face each street side of the service area that is not included in a driveway with a concrete vertical curb six inches wide by 13 inches deep with a top six inches above the finished pavement grade except where a transition is made to a driveway.

(3)

Equipment. Pits, hoists, and all lubricating, washing, and repair equipment and work space shall be enclosed within a building. Washing and lubricating service areas shall drain to a Town standard sand and grease trap, drain field and dry well.

(4)

Off-Street Parking. The service area shall include no less than one employee parking space for each two employees, with a minimum of two employee parking spaces.

(C)

Bulk Storage. Liquid petroleum fuels shall be stored in underground tanks in accordance with Chapter 62-761, Florida Administrative Code.

(D)

Structures. Structures shall conform to the following standards:

(1)

Building. The building shall be set back a minimum of 40 feet from street property lines. This distance shall be measured to vertical canopy supports if they are used, and the building vertical walls if vertical canopy supports are not used. The building shall be set back a minimum of ten feet from interior property lines. A canopy overhang shall not project more than ten feet from the canopy vertical supports.

(2)

Pump Islands. Pump islands shall be set back a minimum of 25 feet from any property line.

(3)

Exterior Lighting. Exterior lighting fixtures shall cast no glare beyond a property line.

(E)

Outdoor Display. Outdoor displays shall be limited to the following:

(1)

Racks containing cans of lubricating oil may be displayed on each service island.

(2)

One rack or pedestal for the display of no more than one tire may be placed on each service island and along any side of the main entrance.

(3)

One stationary storage cabinet may be located no more than four feet from the wall of the main structure.

(4)

The display of standards, banners, flags, and any sign not specifically authorized by Town ordinance is prohibited except that one permit for the display of standards, banners and flags for not more than 30 days may be issued to a newly constructed service station.

(5)

The service area shall drain into a catch basin on the site and thence to a storm sewer if a storm sewer is available. If no storm sewer passes the site, a drainage plan approved by the Town Engineer shall be used.

(F)

Shopping Centers. One service station may be constructed at a shopping center having a building development with a floor area of not less than 150,000 s.f. and having a land area of not less than 15 acres; provided, however, that such service station shall only be operated as an adjunct to a tenant's regular business and shall not comprise a major part thereof.

(G)

Storage, Sale and Rental of Vehicles and Trailers. The storage of vehicles and trailers shall be permitted only as incidental to the customary servicing of vehicles and trailers, except that one vehicle or trailer may be stored for each 200 s.f. of land over 15,000 s.f. of lot area. The rental of vehicles or trailers shall be permitted provided that an additional 200 s.f. of lot area is provided for each rental vehicle and/or trailer.

3.08.04.02 Auto Salvage Yards. Auto Salvage Yards shall comply with Title 40, Code of Federal Regulation and the following:

(A)

Storage of Materials

(1)

Material that is not salvageable shall not be permitted to accumulate, except in bins or containers, and shall be disposed of in an approved sanitary landfill. The period of accumulation is limited to two months.

(2)

In no case shall material that is not salvageable be buried or used as fill.

(3)

Any items that can be recycled or salvaged shall be accumulated in bins or containers to be sold to a recycling firm.

(4)

Recyclable material that cannot be stored in bins or containers may be stored in the open.

(B)

Screening. All salvage yards shall comply with the following screening requirements:

(1)

All outdoor storage facilities shall be surrounded by a substantial continuous masonry, wood or metal fence (not including chain link fences), or a wall, any of which shall be a minimum of eight feet in height without openings of any type except for one entrance and/or one exit that shall not exceed 25 feet in width.

(2)

Gates at entrance or exit shall be of a material without openings.

(3)

The screen shall be constructed of the same type of material throughout.

(4)

No screen shall be constructed of metal that will rust.

(5)

Screens shall be maintained and in good repair at all times.

(C)

Buffer In Lieu of Screening. Where an outdoor storage facility does not abut a public street or highway, a vegetative buffer may be permitted in lieu of screening. Such buffer may be approved by the Town Commission after a finding that the proposed buffer would provide screening equivalent to that required in (B) above.

3.08.05 Retail Commercial: Outdoor Storage Allowed

3.08.05.01 Building Supply Sales with Outdoor Storage

(A)

Property shall be at least one acre in size.

(B)

Building materials shall be stored no less than 20 feet from side and rear lot lines.

(C)

Storage areas shall be screened from view with a wall or opaque fence, except where a solid face masonry wall has been constructed along the property line. A solid masonry wall must be constructed along the property line adjacent to any residential land use.

3.08.05.02 Recreation: Outdoor and Commercial. Such facilities shall be subject to the following requirements:

(A)

No outdoor amusement enterprise shall be located within 300 feet of existing residential development or property designated for residential use on the Future Land Use Map of the Zolfo Springs Comprehensive Plan. This distance shall be measured from the boundary of the property on which the proposed outdoor amusement enterprise would be located.

(B)

Minimum lot size shall be one acre.

(C)

Lighting to illuminate buildings, stages, open areas or advertising shall be designed so as to shine only on the subject property, and shall be directed away from any public street or residential area.

(D)

Outdoor amusement activities shall be subject to applicable performance standards provided in Section 3.06.00.

(E)

No building, mobile home, trailer, vehicle, or mechanical equipment shall be located within 50 feet of any property line.

3.08.05.03 Mini-storage/Self-storage Warehousing

(A)

Parking and travel aisle design shall be consistent with the following:

(1)

One-way travel aisles shall include one ten-foot parking/loading lane and one 15-foot travel lane. Traffic direction and parking/loading lanes shall be indicated by either pavement marking or signage.

(2)

Two-way travel aisles shall include one eight-foot wide parking/loading lane and two 11-foot wide travel lanes.

(3)

Aisles not serving storage spaces shall not be required to provide parking/loading lanes.

(B)

For Mini-warehouse (self-storage) with outdoor storage, outdoor storage of automobiles, boats, recreational vehicles, or other large items may be permitted as an accessory use to a self-storage facility. Storage of automobiles, boats, RVs, and other large items may be permitted if the following are met:

(1)

The outdoor storage area shall not exceed 15,000 sf and shall be located in the rear of the subject property.

(2)

The outdoor storage shall be completely screened from off-site view by a perimeter wall and landscaping or fence which may be black chain link with landscaping providing 75 percent opacity at planting and 100 percent opacity at maturity, and, as determined by the Administrative Official. The perimeter wall shall be constructed with similar material and finish as the proposed office building and storage units on-site.

(C)

Storage of large items shall be prohibited within 50 feet of residential uses and residential districts.

(D)

All outdoor storage shall be limited to a 17-foot maximum height.

(E)

Plumbing shall not be extended to individual storage spaces.

(F)

A caretaker or watchman's dwelling is a permitted use accessory to the self- storage facility.

(G)

No business activity other than the rental of storage units or spaces shall be conducted on the premise. (i.e. moving truck rentals).

(H)

In addition to the regulations required above, self-storage facilities shall comply with the following requirements:

(I)

If outdoor lighting is proposed within a self-storage facility, it shall be attached on structure walls at a height no higher than the beginning of the roofline. Rooftop lighting is permitted in order to illuminate the structure is attached to but shall be limited to five feet in height above the roofline of the structure. All lighting shall also be directed downward and inward to reduce the potential for off-site impacts.

(1)

Self-storage facilities entrances shall not be permitted within 200 feet of an intersection consisting of collector or arterial roadways.

(2)

Unless located within a building, access doors to individual storage units shall be screened from off-site and public rights-of-way view by landscaped walls or fences which may be black chain link with landscaping providing 75 percent opacity at maturity. These walls shall be located no closer to the property lines than five feet and shall provide a minimum landscape buffer, as determined by the Administrative Official.

(3)

A landscape buffer, as determined by the Administrative Official shall be provided along all property lines.

(4)

Hours of operation shall be limited to 6:00 a.m. to 9:00 p.m.

(5)

Self-storage facilities shall not allow any portion of the facility to be visible (in the line of site) above the landscape buffer at maturity provided along all property lines.

(6)

Self-storage facilities, to the best of ability, shall be designed to be architecturally compatible to all surrounding development.

(Ord. No. 2021-09 , § 3(Exh. A), 11-23-2021)

3.08.06 Light Industry

3.08.06.01 Food Processing/Packaging Plant. A Site Development Plan is required in C-S district.

(A)

Minimum lot size shall be one acre.

(B)

Structures shall be set back 50 feet from all lot lines.

(C)

Canopy and buffer yards shall be provided in accordance with the standards of Section 3.07.00 and a buffer yard "D". A solid face masonry wall is required adjacent to a residential area.

3.08.06.02 Publishing/Printing Plant. A Site Development Plan is required in C-S district.

(A)

Minimum lot size shall be one acre.

(B)

Structures shall be set back 50 feet from all lot lines.

(C)

Canopy and buffer yards shall be provided in accordance with the standards of Section 3.07.00 and a buffer yard "D". A solid face masonry wall is required adjacent to a residential area.

3.08.06.03 Sales/Minor Storage of Propane Gas. A Site Development Plan is required in R-MHA and R-MHB districts.

Bulk storage of propane gas and sales of that gas is a permitted accessory use in mobile home parks and RV parks. All storage must be a minimum of 20 feet from any unit or building and/or lot line and comply with National Fire Protection Association (NFPA) standards.

3.08.07 Public Service Facilities

3.08.07.01 Communications Tower. A Site Development Plan is required in A-C, C-H and C-S districts with the following guidelines:

(A)

Minimum lot size shall be one acre;

(B)

Tower shall be set back from all property lines a distance equal to its height. Alternatively, the tower shall be set back a distance equal to 50% of its height with certification by an engineer licensed in the State of Florida that the structure is designed to collapse within the boundaries of the property on which it is built; and

(C)

Tower shall meet all applicable standards of the Federal Communications Commission, the Federal Aviation Administration, and any other relevant Federal or state agency.

3.08.07.02 Power Substation

(A)

Facility shall be surrounded by a fence at least six feet in height to prevent unauthorized entry.

(B)

All structures and/or equipment shall be set back not less than 15 feet from all property lines. Landscaping shall be provided in all setback areas according to Landscape Standard "D" (see Section 3.07.00).

3.08.08 Farmworker Housing. Farmworker housing is provided specifically to house those persons engaged in agricultural labor on groves/farms/ranches/dairies. It is recognized that farm labor currently is not limited to housing on groves/farms/ranches/dairies; however, new housing specifically directed at housing farmworkers is established to provide decent, safe and sanitary accommodations including, but not limited to workers on groves, farms, ranches and dairies.

Recognizing that differences in employment patterns exist between citrus operations, dairy/ranch operations and truck farming, different types of housing to accommodate the different operations and industries which are most suitable to their operations is necessary. Since the intent of creating farmworker housing is for farm labor on farms, farmworker housing may be located on non-contiguous lands owned by the grove/farm/ranch/dairy which are an integral part of the afore cited operation. It is not the intent of this section to establish farmworker housing for lease unless leased to an entity principally controlled or owned by landowner applicant.

3.08.08.01 General Standards.

3.08.08.01.01 Farmworker Housing, Group Quarters. A Site Development Plan shall be processed prior to Site Construction Plan approval and building permitting. Farmworker, Group Quarters, housing may consist of single-family detached dwellings, two-family dwellings (duplex) or congregate living dwellings, such as dormitories. Housing density shall not exceed the density permitted within the A-C zoning district. In addition, population density shall not exceed 3.75 persons per gross acre.

(A)

Locational Criteria: In addition to being located in A-C zoning district, Farmworker, Group Quarters, housing shall be further located as follows:

01.

The minimum lot/parcel size shall be 40 acres; the maximum size shall not exceed 100 acres; with maximum population of between 150 and 375 persons, respectively.

02.

Parcels shall front publicly-maintained paved roads. The minimum lot frontage width shall be 200 feet, except lots of record. The Town Commission may grant a variance from the paved road requirement pursuant to the review criteria set forth in Section 7.10.00 of this Code.

03.

Housing areas, as measured linearly from property line to property line, shall not be located closer than five miles between each other. The Town Commission may grant a variance from this distance requirement pursuant to the review criteria set forth in Section 7.10.00 of this Code.

(B)

Development Criteria:

01.

Housing units shall be clustered on the site to minimize the space on the property used for the housing proposal. Structure separation shall be a minimum of 15 feet; structure setback from property lines shall be a minimum of 300 feet.

02.

Structures shall be limited to one story; however, the Town Commission may grant a variance to permit two-story structures pursuant to the review criteria set forth in section 7.10.00 of this code.

03.

Buffering of the clustered footprint shall be required. Buffering is meant to provide visual and audio screens between the housing area and surrounding properties. Where existing vegetation does not exist, or is impractical to provide, other opaque screens may be considered, including but not limited to masonry walls, PVC fencing, berming, combinations of the described, or other approved buffer.

(C)

Structure Criteria:

01.

All structures shall comply with the Florida Building Code and related codes (electrical, mechanical, plumbing).

Nothing herein shall prohibit the Planning and Zoning Board from requiring appropriate conditions when considering approval of a Site Development Plan beyond the requirements set forth herein due to unique site-specific conditions.

3.08.08.01.02 Farmworker Housing, Resident. A Site Development Plan shall be processed prior to building permitting. Farmworker Housing, Resident housing, shall be limited to single-family detached and duplex (two-family) housing structures. Housing density shall not exceed the density permitted within the A-C zoning district.

(A)

Criteria: In addition to being located in A-C zoning district, Farmworker Housing, Resident housing, shall be further located as follows:

01.

For single-family dwelling units on parcels less than 20 acres, and/or two-family dwellings (duplex) on 20 or greater acres, compliance with Section 7.06.00, Subdivision Regulations.

02.

Where minimum parcel sizes for each housing are 20 acres, said parcels will be denoted/identified on the Site Development Plan with a metes and bounds description of each proposed parcel. The Site Development Plan shall also identify access to each 20-acre tract.

3.08.08.01.03 Farmworker Housing, Migrant/H-2A. Housing for persons working on groves/farms/ranches and not otherwise meeting the above definitions and criteria, and reviewed and permitted by the Hardee County Department of Health (DOH) as migrant housing, said housing, shall be considered by the Town as Farmworker Housing,

Migrant/H-2A housing. Within the R-2 zoning district, the housing can be constructed as a dormitory or multi-family style residential development. Migrant/H-2A housing is a permitted use in the A-C zoning district and can be approved as a Conditional Use within the R-1B, R-1C, and R-2 zoning districts. Farmworker Housing, Migrant/H-2A housing shall also be required to obtain an annual operating permit from the Town to ensure compliance with the adopted International Property Maintenance Code as minimum living standards.

The purpose of this Section is to create an approval process for Special Exception uses, those that are permitted only through special application and public review. Its intent is to ensure that such uses, if approved, are compatible with surrounding properties, and are developed in suitable locations with those design features that are necessary to safeguard the public health, safety, and welfare.

Special Exceptions shall be granted in accordance with the provisions of Section 7.09.00. Special standards and requirements presented in this Section are conditions for approval of the Special Exception and shall be binding on all development authorized under the Special Exception.

The following standards apply to uses listed as "S" Special Exceptions in Section 2.04.01, Table 2.04.01 (A), and approved under the provisions of Section 7.09.00. Where standards provided herein exceed and/or create greater restrictions than those of the underlying zoning district, this Section shall supersede any other provision of this Code. Where no standard is established in this Section, that of the relevant zoning district shall apply.

3.09.01 Single Family Detached Dwelling Units. Single Family Detached Dwelling Units include Mobile Home Parks, RV Parks, Single Family Standard Construction Homes, and Single Family Manufactured Home. The definitions of these terms can be found in Article 9. The districts in which any one of these uses is allowed can be found in Table 2.04.01(A), Table of Land Uses, in Article 2.

3.09.01.01 Mobile Home Parks. The purpose of this Section is to establish locations suitable for mobile home development on undivided property, along with open space and other amenities for the common use of residents; to designate those uses and activities that are appropriate for and compatible with such areas; and to establish standards and provisions necessary to ensure proper development and public safety in a mobile home park setting.

Mobile home parks may be permitted in the R-1C, R-MHA and R-MHB districts by Special Exception. The development standards set forth in this Section shall supersede normal development standards applicable in residential districts.

(A)

Tract Requirements

(1)

Minimum Lot Requirements

a.

Minimum size for development site: 8 mobile home sites.

b.

Minimum size for mobile home site: concrete slab not less than ten by 20 feet in dimension.

(2)

Maximum Building Height: 35 feet

(3)

Minimum Floor Area: 500 s.f.

(4)

Minimum Yard Requirements:

a.

No mobile home or structure shall be placed less than 50 feet from the front lot line or 30 feet from other lot lines. Where the development site adjoins property with a commercial or industrial zoning designation, the required side and rear setback shall be 15 feet.

b.

Mobile homes and structures shall be placed at least 20 feet from the pavement edge of private park roads. Private streets must be paved or compacted roadway with a minimum width of 20 feet.

c.

Minimum frontage on a public street or highway shall be 175 feet.

d.

Each mobile home shall be setback seven and one half feet from the property line. There shall be a minimum of 15 feet between mobile homes and between all other structures. In making an addition to a mobile home, a carport or other appurtenant structure, the minimum standard of 15 feet between structures must be met.

(B)

Mobile Home Park Abutting Residential Areas. Where any property line of a mobile home park abuts land either zoned for residential use or occupied by a residential use permitted by this Code, there shall be provided and maintained along, or within ten feet of, said property line, a solid face masonry wall, with a finish of stucco or other texture, no less than six feet in height, which shall be in addition to the buffer yard required by Section 3.07.00.

(C)

Mobile Home Park Abutting an Agricultural Use Area. Where a mobile home park abuts an Agricultural use, the park setbacks shall be 50 feet for the front, sides and rear.

(D)

Allowable Accessory Uses:

(1)

Clubhouse, laundry, convenience store (no gasoline sales), hurricane/storm shelter, swimming pool, and other shared facilities for the common use of the residents of a development.

(2)

No more than 1 single family home, at least 600 s.f. in size, for the use of a resident manager.

(3)

Carports, porches, and awnings that are physically attached to mobile homes and shall be maintained and remain intact. Such structures shall not exceed a cumulative total of 300 s.f. Freestanding cabanas, storage sheds, and other detached structures for private use must meet all required setbacks and all other requirements of this Code.

(4)

Storage area for boats, recreational vehicles, and other types of vehicles that exceed 30 feet in length. Storage area is for the use of park residents only, and shall be fenced and landscaped. Storage of these units shall be prohibited on individual mobile home sites or on park roads.

(E)

Other Requirements:

(1)

Ownership. Mobile home parks may not be platted or otherwise divided by fee simple ownership; however, the sale of interests or memberships on a condominium basis is permitted. All facilities, including roads, shall be privately owned or owned in common by residents of the park, and shall not occupy parcels of land that are deeded separately from the rest of the park. The Town shall not be responsible for maintenance and/or repair of common facilities within a mobile home park.

(2)

Skirting: All existing mobile homes and park models must be skirted within 90 days of notice; and, all newly placed mobile homes and park models must be skirted within 90 days of placement.

(3)

Parking. See Section 3.03.00, Off-Street Parking Requirements.

(4)

Common Open Space. An area comprising 20% of the development site or five acres, whichever is less, shall be set aside as common open space.

(5)

Hurricane Shelter. Each mobile home park must provide one or more buildings to house guests in a permanent building in the event of a hurricane, at a rate of 20 s.f. of habitable floor space per person. Alternative cooking fuel sources; electrical generation for emergency lighting; sanitary sewer facilities; and, an alternate form of fresh water (i.e. water stored in drums or a well serving the shelter separate from the well system in place for the park) shall be provided and maintained. Each building must be built to conform with the Standard Building Code for hurricane shelters.

To calculate the number of persons per park that would require shelter, each mobile home unit will be counted at a minimum of two persons per home. Shelter space would have to be provided for 100% of the total park population.

Service buildings may be used as hurricane shelters as long as the buildings are built to minimum Standard Building Code regulations for hurricane shelters.

(6)

Nonconformities. No new mobile homes may be added to an existing mobile home park in any zone that does not comply with applicable requirements of this Code. However, previously installed units may be moved and additional property and common facilities may be incorporated into the site if such activities will eliminate nonconforming conditions or reduce the degree of nonconformity. See Section 7.11.00.

(7)

Site Development Plan. No mobile homes, structures or facilities shall be installed or constructed until a site development plan meeting the requirements of Section 7.05.00 of this Code has been submitted to and approved by the Town. All improvements, regardless of timing or project phasing, shall be substantially consistent with the approved site development plan.

Where an existing mobile home park in a residential district has no site development plan, such a plan shall be prepared and submitted to the Town prior to the addition, improvement, rearrangement or replacement of park facilities or mobile homes.

3.09.02 Lodging

3.09.02.01 RV (Recreation Vehicle) Campground. It is the purpose of these standards to provide minimum development guidelines for an RV Campground designed only to accommodate the recreation vehicle. For the purposes of this ordinance, an RV Campground is a development for overnight or limited vacation-season stays. These provisions are intended to protect established or permitted uses in the vicinity of such a campground, and to protect and promote the orderly growth and development of the Town of Zolfo Springs.

(A)

General Requirements. RV campgrounds shall be a permitted by Special Exception in PR, R-MHA and R-MHB districts. Development standards provided in this Section shall supersede those of the underlying zoning district.

Duration of Stay in an RV Campground. Recreational vehicle sites shall be rented for a limited period of time consistent with the special seasonal, vacation and transient requirements of the recreational vehicle user.

(B)

Environmental Requirements

(1)

General. Condition of soil, groundwater level, drainage, and topography shall not create hazards to the property or to the health and safety of the occupants.

(2)

Soil and Ground Cover Requirements. Exposed ground surfaces in all parts of every vehicle site area or other vehicle campgrounding area shall be paved, or covered with stone screening, or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.

(3)

Drainage Requirements. Surface drainage plans for the entire tract shall be reviewed by appropriate Town staff, who shall determine whether the proposed plan is compatible with the surrounding existing drainage pattern and any relevant drainage plan of the Town, prior to issuance of Site Development Plan approval and building permits. No permit shall be issued in such instance where the Building Official finds the plan to be incompatible with surrounding areas.

(C)

Tract Requirements. The tract requirements are listed in the Table of Development Standards, Table 3.09.01.02(A) above, with additional requirements as follows:

(1)

The tract shall have at least 75 feet of frontage on a Principal or a Minor Arterial roadway, as designated on the Future Traffic Circulation Map of the Town of Zolfo Springs Comprehensive Plan.

(2)

The minimum width of the tract shall be 150 feet at the front building setback line.

(3)

Where any property line of a RV Campground abuts land either zoned for residential use or occupied by a residential use permitted by this Code, there shall be provided and maintained along, or within ten feet of, said property line a solid face masonry wall, with a finish of stucco or other texture, no less than six feet in height, which shall be in addition to the buffer yard required by Section 3.07.00.

(4)

Where an RV Campground abuts an agricultural use, the tract setbacks shall be 50 feet on the front, sides and rear.

(D)

Vehicle Site Requirements. The individual site requirements are listed in the Table of Development Standards, Table 3.09.01.02(A) above, with additional requirements as follows:

(1)

For the purpose of determining vehicle site width and depth, the width of a vehicle site shall be measured at right angles to and between the designated side boundary lines. The depth of a vehicle shall be measured at right angles to and between the designated front and rear boundary lines.

(2)

The minimum distance between RVs shall be 15 feet at the rear and front and 8 feet on the sides. The minimum distance between an RV and any structure shall be 20 feet. The minimum allowable distance between RVs shall, for the purpose of this section, be measured from and between the outermost structural parts or attached accessory features. The minimum distance between an RV and the edge of the campground road shall be 15 feet.

(3)

Each vehicle site shall be clearly defined by a permanent marker, constructed of a durable material such as masonry or metal, placed at all corners.

(4)

The addition or attachment of any permanent structures, such as awnings, porches, carports, or individual storage facilities, not specifically designed and included as a standard part of the original RV, shall be expressly prohibited in an RV Campground.

(E)

Recreation and Open Space Requirements. There shall be provided within a RV Campground at least one area designed for recreational and open space use that is easily accessible from all vehicle sites. The size of such recreation area shall not be less than 8% of the entire tract area.

(F)

Street System and Off-Street Campgrounding Requirements

(1)

General. All campgrounding areas shall be provided with safe and convenient vehicular access from abutting public streets and roads to each vehicle site. Alignment and gradient shall be properly adapted to topography. Surfacing and maintenance shall provide a smooth, hard and dense surface which shall be well drained.

(2)

Access. Access to a RV Campground from a public street or road shall be designed to minimize congestion and hazards at the entrance and on adjacent streets. All traffic into or out of the campgrounding areas shall be through such entrances and exits.

a.

The entrance to each RV Campground shall be a driveway at least 40 feet wide with a turn radius of 100 feet or more from the public roadway, for maneuvering of vehicles.

b.

Each RV Campground site check-in location shall be setback 200 feet from any public right-of-way to accommodate the stacking of vehicles awaiting check-in.

(3)

Internal Streets. All internal streets are to be paved with an asphaltic or concrete surface. Road surfacing shall meet the following minimum width requirements:

a.

One-way travel: 12 feet.

b.

Two-way travel: 20 feet.

(G)

Utilities

(1)

Water Supply System. Connection to a potable public supply of water is required. Provision of water supply, water storage and water distribution shall be made in accordance with requirements and standards established by this Code and the State of Florida.

(2)

Watering Stations. Each RV Campground shall be provided with one or more easily accessible water supply outlets for filling RV water storage tanks in accordance with design and construction requirements established by the State of Florida.

(3)

Sanitary Connections. Each RV Campground shall be provided with individual connections to each vehicle site in the RV Campground connected to an on-site sewage disposal system or available public system.

(4)

Electrical and Gas Systems. Each RV Campground shall be provided with an electrical or gas system, which shall be installed and maintained in accordance with applicable codes and regulations.

(H)

Refuse Handling

(1)

General. The storage, collection and disposal of refuse (garbage, ashes, and rubbish) in a RV Campground shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazard or air pollution in accordance with requirements established by the State of Florida.

(2)

Location. All refuse shall be stored in watertight, fly-proof, rodent-proof containers, which shall be located within 150 feet of any vehicle.

(3)

Collection. All refuse containing garbage shall be collected at least twice weekly.

(I)

Service Buildings and Facilities

(1)

General. The requirements of this section shall apply to service buildings, recreation buildings and other service facilities, such as:

a.

Management offices, repair shops and storage areas.

b.

Sanitary facilities.

c.

Laundry facilities.

d.

Indoor recreation areas.

(2)

Service Buildings for Dependent Vehicles. A central service building containing the necessary toilet and other plumbing fixtures specified by the State of Florida shall be provided in an RV Campground , which provides vehicle sites for dependent vehicles. Service buildings shall be conveniently located within a radius of approximately 300 feet of the sites to be served. This building may also be designated a hurricane shelter if it is built to the standards for hurricane shelters in the Standard Building Code.

(3)

Hurricane Shelter. Each RV Campground must provide one or more buildings to house guests in a permanent building in the event of a hurricane, at a rate of 20 s.f. of habitable floor space per person. Alternative cooking fuel sources; electrical generation for emergency lighting; sanitary sewer facilities; and, an alternate source of water separate from the Campground source (e.g. water in drums) shall be provided and maintained. Each building must be built to conform with the Standard Building Code for hurricane shelters.

To calculate the size of the hurricane shelter to be built in a Campground, each RV space will be counted at a minimum of two persons per space. Shelter space shall be provided for 80% of total campground spaces.

RV Campgrounds do not have to provide hurricane shelters. All campers are to evacuate in the event of a natural disaster such as a hurricane. RV Parks that are combined with Campgrounds must provide hurricane shelters for those persons who are living, either permanently or seasonally, in an RV unit which is not portable and cannot be driven out of the area on short notice.

Service buildings may be used as hurricane shelters as long as the buildings are built to minimum Standard Building Code regulations for hurricane shelters.

(4)

Service Facilities in Connection with Other Businesses. When an RV Campground requiring a service building is operated in connection with a resort or other business establishment, the number of sanitary facilities for such business establishment shall be in addition to those required by the public health standards for vehicle sites and shall be based upon the total number of persons using or expected to use such facilities.

(5)

Pedestrian Access to Service Buildings and Facilities. Appropriately drained, clear walkways having a width of not less than five feet shall be provided from the vehicle sites to all service buildings and facilities, refuse collection areas, and recreation areas.

(6)

Outdoor Cooking and Incinerator Facilities. All outdoor cooking and incinerator facilities shall be so located, constructed, maintained and used as to minimize fire hazard and smoke nuisance both on the property on which they are used and on neighboring property. Plans, construction, and operation of incinerators shall be carried out in accordance with requirements of the State of Florida.

(J)

Permit Procedures and Requirements

(1)

Site Development Plan. Any applicant for the required permits to establish, construct, alter or extend an RV Campground shall first request and receive approval of a Site Development Plan in accordance with the provisions of Article 2 and Section 7.05.00 of this Code.

(2)

Health and Sanitation Permit. After receipt of required land use approvals, applicant shall then apply for and receive a health and sanitation permit for the proposed RV Campground from the Hardee County Health Department and the State of Florida in accordance with the requirements of appropriate agencies.

(3)

Building Permit. Upon completion of (1) and (2) above, application shall be made to the Town for the building permit to construct, alter, or extend an RV Campground in accordance with the provisions of this Section. Before issuing a building permit, the Town Clerk shall determine that all applicable review procedures and standards required under this Code have been satisfactorily met.

(K)

Allowable Accessory Uses:

(1)

Clubhouse, laundry, swimming pool, and other shared facilities for the common use of the visitors to the campground.

(2)

No more than one single family home, at least 600 s.f. in size, for the use of a resident manager.

(3)

Vehicles that exceed 30 feet in length, "car caddies", boats and accessory trailers shall be stored in a storage area. This storage area is for the use of campground residents only, and shall be fenced and landscaped. Storage of these units shall be prohibited on individual RV sites or on park roads.

3.09.03 Retail Commercial, Outdoor Storage

3.09.03.01 Truckstop

(A)

Development site shall be at least one acre in size, and shall have no less than 85 feet of frontage on U.S. 17.

(B)

Truck parking areas shall be set back at least 50 feet from any property zoned or designated on the Future Land Use Map for residential use.

(C)

No loading or unloading of freight shall be permitted on the site.

(D)

Mechanical work shall be limited to minor automotive repairs, as defined under "Service Station" in Article 9.

3.09.03.02 Outdoor Storage Yard

Applicability. This section shall apply to Storage Yards and any other use in which the outdoor storage of goods, materials, equipment, vehicles or other objects is allowed as a principal or accessory use.

Standards.

(A)

Parking, storing, or keeping a commercial vehicle, outdoor storage of goods, materials, and equipment is prohibited on any lot or parcel within a residential district.

(B)

No goods or materials intended for indoor use including but not limited to indoor furniture, bedding, carpets, household goods, clothing or electronic equipment shall be stored outdoors.

(C)

Where adjacent to a protected use, the property shall be buffered.

(D)

Outdoor storage visible from the right-of-way shall, at a minimum, be screened using buffering consistent with the landscape and buffering section of the Code.

(E)

Where a buffer is required, outdoor storage shall not occur higher than the buffer within 20 feet of the property boundary requiring the buffer.

(F)

Outdoor storage shall not obstruct any ingress/egress to any building; obstruct any required off-street parking spaces, loading areas, drive aisles, pedestrian ways, visibility triangles or emergency vehicle access; or be placed on any required landscaped areas.

(G)

Outdoor storage shall comply with all fire code requirements.

(H)

Outdoor storage shall comply with all ADA standards.

(I)

Outdoor storage shall not obscure the visibility of posted street address numbers from the primary street frontage.

(J)

Outdoor storage areas shall be maintained so as to prevent odors, the harborage of rodents and pests and the wind drift or draining of material onto adjacent properties, streets or stormwater collection facilities.

(K)

Tires shall not be stored outdoors except in bins or roll-off containers that are emptied at least monthly.

(L)

No distressed or abandoned vehicle shall be parked, and no motor vehicle frame, vehicle body, or vehicle body part shall be stored, except when in a completely enclosed garage or building.

(M)

When the vehicle parking area will be less than 200 feet from a residentially designated or used property, it shall be buffered from the adjacent residential property with a Type D Bufferyard. A fence with a minimum height of six feet may be used in lieu of, or in conjunction with, a vegetative bufferyard.

(Ord. No. 2021-09 , § 3(Exh. A), 11-23-2021)

3.09.04 Office/Financial/Medical Facilities

3.09.04.01 Medical Cannabis Dispensing Facilities

(A)

Compliance with Code Requirements: All requests and approved uses must comply with the applicable requirements in the Code of Ordinances Chapter 97: Medical Cannabis Dispensing Facilities Regulations and the requirements of Florida Statutes 381.986(6).

(B)

Zoning Restrictions: Medical cannabis dispensing facilities shall be permitted as special exceptions in only the C-S and I-L zoning districts throughout the Town, as further defined and/or restricted by Chapter 97 of the Code of Ordinances, and only through the special exception approval process required through Section 7.09.00.

(C)

Single Addresses: No other business, aside or separate from the dispensing of medical cannabis shall be permitted to be conducted from the same address where the medical cannabis dispensing facility is located.

The purpose of this section is to set criteria for approval of Conditional Uses. Conditional Uses are those uses that have some special impact or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. Conditional Use Permits shall be granted in accordance with the provisions of Section 7.08.00. Special standards and requirements presented in this section are conditions for approval of Conditional Uses and shall be binding on all development authorized under the Conditional Use Permit.

Where standards provided herein exceed and/or create greater restrictions than those of the underlying zoning district, this section shall supersede any other provision of this code. Where no standard is established in this section, that of the relevant zoning district shall apply.

3.10.01 Retail Commercial, No Outdoor Storage: Shopping Center (more than 150,000 s.f.). It is the purpose of these standards to provide minimum development guidelines for a shopping center of greater than 150,000 s.f. of gross leasable area (SFGLA). These provisions are intended to protect established or permitted uses in the vicinity of such a shopping center and to protect and promote the orderly growth and development of the Town of Zolfo Springs.

(A)

Development Site Requirements

(1)

Minimum Lot Size. An area not less than 150,000 s.f., with a minimum frontage of 1,000 feet.

(2)

Setbacks

Front: 75 feet.

Side: 50 feet if contiguous to property designated for residential use on the Future Land Use Map.
30 feet if contiguous to property designated for commercial or industrial use on the Future Land Use Map.

Rear: 75 feet if contiguous to property designated for residential use on the Future Land Use Map.
40 feet if contiguous to property designated for commercial or industrial use on the Future Land Use Map.

(3)

Maximum Lot Coverage. No more than 27% of the development site shall be covered by structures.

(B)

Design Requirements

(1)

Lighting: All lights shall be shielded to focus and direct light onto the shopping center, and away from adjacent property, but may be of sufficient intensity to discourage vandalism and theft. Every use shall be so operated as to prevent the emission of glare of such intensity as to be readily perceptible at any point on the lot line of the property on which the use is located.

(2)

Fencing: Where a property line abuts and is contiguous to any residential land use classification, a six-foot solid face masonry wall, in addition to required buffer yards, shall be constructed along, or within ten feet, of the property line.

(3)

Signs: See Article 4, "Signs", Section 4.04.02, "On-Site Commercial Signs."

(4)

Landscaping: Canopy and buffer yards shall be provided in accordance with the standards of Section 3.07.00.

(5)

Parking: See the Table for Number of Parking Spaces, Article 3, Section 3.03.02 "Off-Street Parking."

(6)

Off-Street Loading: See Article 3, Section 3.03.03, "Off-Street Loading Requirements."

3.10.02 Automotive: Junkyards

(A)

Storage of Materials

(1)

Material that is not salvageable shall not be permitted to accumulate, except in bins or containers, and shall be disposed of in an approved sanitary landfill. The period of accumulation is limited to two months.

(2)

In no case shall material that is not salvageable be buried or used as fill.

(3)

Any items that can be recycled or salvaged shall be accumulated in bins or containers to be sold to a recycling firm.

(4)

Recyclable material that cannot be stored in bins or containers may be stored in the open.

(5)

Junkyard operators shall be responsible for compliance with all applicable Federal and State regulations pertaining to the handling, storage, and disposal of waste fluids. In no case shall disposal of waste fluids be permitted on-site, except with the express approval of the FDEP.

(6)

In any open storage area, it shall be prohibited to keep any ice box, refrigerator, deep-freeze locker, clothes washer, clothes dryer, or similar air-tight unit having an interior storage capacity of 1 cubic feet or more from which the door has not been removed.

(B)

Screening. All junkyards shall comply with the following screening requirements:

(1)

All outdoor storage facilities shall be surrounded by an opaque fence consisting of masonry, wood or noncorrosive material, or a wall, any of which shall be a minimum of eight feet in height without openings of any type except for one entrance and/or one exit that shall not exceed 25 feet in width.

(2)

Gates at entrance or exit shall be of a material without openings.

(3)

The screen shall be constructed of the same type of material throughout.

(4)

Screens shall be maintained and in good repair at all times.

(C)

Buffer In Lieu of Screening. Where an outdoor storage facility does not abut a public street or highway, a vegetative buffer may be permitted in lieu of screening. Such buffer may be approved by the Town Commission after a finding that the proposed buffer would provide screening equivalent to that required in (B) above.

3.10.03 Light Industry: Airports and Airport Uses

(A)

Landing strips and heliports (accessory hangers and sheds) are subject to the development standards applicable to the underlying zoning district (Table 2.09.01(B).

(B)

The area proposed for this use shall be sufficient and the site otherwise adequate to meet the standards of the Federal Aviation Agency.

(C)

Any proposed runway or landing strip shall be situated so that any structures, high voltage power lines, towers, chimneys, and natural obstructions within the approach zones shall comply with regulations for height restrictions in airport approach zones of the Federal Aviation Agency.

(D)

There shall be sufficient distance between the end of each usable landing strip and the airport boundary to satisfy the requirements of the Federal Aviation Agency. If air rights or easements have been acquired from the owners of abutting properties in which approach zones fall, proof thereof shall be submitted with the application.

(E)

No existing or planned approach areas shall be permitted over existing residential areas or over vacant areas zoned for future residential development; however, approach areas may be allowed over such vacant areas if deed restrictions or other mechanisms insure that they will not be developed for residential uses.

(F)

Off-street parking required: one space for every plane space within the hangers plus one space for every tie-down space plus one for every two employees.

(G)

Building setback: any building, hanger, or other structure shall be at least 100 feet from any street or lot line.

(H)

All repair of airplanes and machinery shall be done inside hangers.

(I)

Residential uses shall not be located within the approach path or the noise zone.

3.10.04 Heavy Industry

3.10.04.01 Bulk Storage of Explosive Gases

(A)

Adequate containment must be utilized. Facilities and procedures shall be designed to prevent substances from entering the water or soil, and employ adequate means for prompt and effective clean-up of spills that do occur. See Article 5, Section 5.03.08 for more specific guidelines.

(B)

Buffering must be adequate for leaks or spills.

(C)

Storage of these kinds of materials must be appropriate to the surrounding land uses.

(D)

The facility shall meet applicable standards for noise, smoke, lighting, and gases established in Section 3.06.00, Performance Standards.

3.10.04.02 Commercial Incinerator

(A)

Minimum lot size shall be five acres.

(B)

Incinerator facility shall be located at least 1,000 feet from any existing residential structure.

(C)

Landscaping shall be provided in all setback areas according to Landscape Standard "D" (see Section 3.07.00).

(D)

Incinerator facility shall meet applicable standards for noise, smoke, lighting, and gases established in Section 3.06.00, Performance Standards.

3.10.05 Farmworker Housing, Migrant/H-2A. Refer to Section 3.08.08 Farmworker Housing.