City of Dade City- Land Development Regulations - Revize

City of Dade City, Florida Land Development Regulations

ARTICLE 4: USE REGULATIONS

ADOPTED AUGUST 12, 2014

City of Dade City, Florida – Land Development Regulations Page 4-i


SECTION 4.1 TABLE OF USES ............................................................................................................ 4-1

4.1.1 EXPLANATION OF TABLE ..................................................................................................... 4-1 (A) Organization of Use Table ..................................................................................... 4-1 (B) Permitted Uses ....................................................................................................... 4-1 (C) Conditional Use Uses ............................................................................................. 4-1 (D) Allowed Uses in Planned Developments ............................................................... 4-1 (E) Prohibited Uses ...................................................................................................... 4-1 (F) Use Specific Standards .......................................................................................... 4-2 (G) Uses Not Listed ...................................................................................................... 4-2

4.1.2 TABLE OF ALLOWED USES .................................................................................................. 4-2

SECTION 4.2 USE CLASSIFICATIONS, USE CATEGORIES, AND USE TYPES ............................ 4-10

4.2.1 GENERAL ......................................................................................................................... 4-10 (A) Purpose ................................................................................................................ 4-10 (B) Structure of this Section ....................................................................................... 4-11 (C) Developments with Multiple Principal Uses ......................................................... 4-11 (D) Unlisted Uses ....................................................................................................... 4-11

4.2.2 RESIDENTIAL USE CLASSIFICATION ................................................................................... 4-13 (A) Household Living .................................................................................................. 4-13 (B) Group Living ......................................................................................................... 4-13

4.2.3 PUBLIC AND INSTITUTIONAL USE CLASSIFICATION .............................................................. 4-13 (A) Community Services ............................................................................................ 4-13 (B) Day Care .............................................................................................................. 4-14 (C) Educational Facilities............................................................................................ 4-14 (D) Government Facilities........................................................................................... 4-14 (E) Health Care Facilities ........................................................................................... 4-15 (F) Institutions ............................................................................................................ 4-15 (G) Parks and Open Areas ......................................................................................... 4-15 (H) Public Safety ........................................................................................................ 4-15 (I) Utilities .................................................................................................................. 4-15

4.2.4 AGRICULTURE USE CLASSIFICATION .................................................................................. 4-16 (A) Agriculture ............................................................................................................ 4-16 (B) Animal Husbandry ................................................................................................ 4-16 (C) Horticulture ........................................................................................................... 4-16 (D) Agriculture Support and Services Directly Related to On-going Agriculture ........ 4-16 (E) Agriculture Support and Services Not Directly Related to On-going Agriculture . 4-17 (F) Animal Sales, Services, and Care ........................................................................ 4-17

4.2.5 BUSINESS USE CLASSIFICATION ........................................................................................ 4-17 (A) Eating Establishments .......................................................................................... 4-17 (B) Conference and Training Centers ........................................................................ 4-17 (C) Industrial Services ................................................................................................ 4-18 (D) Manufacturing and Production ............................................................................. 4-18 (E) Offices .................................................................................................................. 4-19 (F) Parking, Commercial ............................................................................................ 4-19 (G) Recreation/Entertainment, Indoor ........................................................................ 4-20 (H) Recreation/Entertainment, Outdoor ..................................................................... 4-20 (I) Retail Sales and Service ...................................................................................... 4-21 (J) Self-Service Storage ............................................................................................ 4-21 (K) Sexually Oriented Businesses ............................................................................. 4-22 (L) Vehicle Sales and Service ................................................................................... 4-22 (M) Visitor Accommodations ....................................................................................... 4-22 (N) Warehouse and Freight Movement ...................................................................... 4-23

CONTENTS

City of Dade City, Florida – Land Development Regulations Page 4-ii

(O) Waste-Related Services ....................................................................................... 4-23 (P) Wholesale Sales ................................................................................................... 4-23

SECTION 4.3 USE-SPECIFIC STANDARDS ...................................................................................... 4-24

4.3.1 RESIDENTIAL USES ........................................................................................................... 4-24 (A) Household Living .................................................................................................. 4-24 (B) Group Living ......................................................................................................... 4-27

4.3.2 PUBLIC AND INSTITUTIONAL USE ....................................................................................... 4-28 (A) Community Services ............................................................................................ 4-28 (B) Day Care .............................................................................................................. 4-29 (C) Educational Facilities............................................................................................ 4-29 (D) Government Facilities........................................................................................... 4-30 (E) Health Care Facilities ........................................................................................... 4-30 (F) Institutions ............................................................................................................ 4-31 (G) Public Safety ........................................................................................................ 4-32 (H) Utilities .................................................................................................................. 4-32

4.3.3 AGRICULTURAL USES ....................................................................................................... 4-33 (A) Agriculture Support (Directly Related) .................................................................. 4-33 (B) Agriculture Support (Not Directly Related) ........................................................... 4-35 (C) Animal Sales, Service, and Care ......................................................................... 4-35

4.3.4 BUSINESS USES ............................................................................................................... 4-37 (A) Eating Establishments .......................................................................................... 4-37 (B) Conference and Training Centers ........................................................................ 4-38 (C) Industrial Services ................................................................................................ 4-38 (D) Manufacturing and Production ............................................................................. 4-39 (E) Parking, Commercial ............................................................................................ 4-39 (F) Recreation/Entertainment, Outdoor ..................................................................... 4-40 (G) Retail Sales and Services .................................................................................... 4-40 (H) Self Service Storage............................................................................................. 4-42 (I) Sexually-Oriented Business ................................................................................. 4-44 (J) Vehicle Sales and Services .................................................................................. 4-47 (K) Visitor Accommodations ....................................................................................... 4-51 (L) Warehouse and Freight Movement ...................................................................... 4-52 (M) Waste-Related Services ....................................................................................... 4-53

SECTION 4.4 ACCESSORY USES AND STRUCTURES ................................................................... 4-54

4.4.1 PURPOSE ......................................................................................................................... 4-54 4.4.2 GENERAL STANDARDS AND LIMITATIONS ........................................................................... 4-54

(A) Compliance with LDR Requirements ................................................................... 4-54 (B) General Standards ............................................................................................... 4-54 (C) Approval of Accessory Uses and Structures ........................................................ 4-55 (D) Table of Permitted Accessory Uses ..................................................................... 4-55 (E) Location of Accessory Buildings, Structures, or Vehicles .................................... 4-57 (F) Height ................................................................................................................... 4-57 (G) Signage ................................................................................................................ 4-57 (H) Temporary Accessory Uses and Structures......................................................... 4-57

4.4.3 ACCESSORY USES PROHIBITED ........................................................................................ 4-57 (A) Prohibited in All Zone Districts ............................................................................. 4-57 (B) Prohibited in Residential Zone Districts ............................................................... 4-58

4.4.4 ACCESSORY USES AND STRUCTURES ALLOWED ................................................................ 4-58 (A) Accessory Dwelling Unit ....................................................................................... 4-58 (B) Security or Caretaker Quarters ............................................................................ 4-59 (C) Home Occupations ............................................................................................... 4-60 (D) Outdoor Display and Sales .................................................................................. 4-61 (E) Outdoor Storage as an Accessory Use ................................................................ 4-62

CONTENTS

City of Dade City, Florida – Land Development Regulations -iii

(F) Recycling Drop-Off Stations ................................................................................. 4-62 (G) Retail Sales of Goods as Part of Permitted Industrial and Warehouse Uses ...... 4-62 (H) Storage or Parking of Recreational Equipment .................................................... 4-63

SECTION 4.5 TEMPORARY USES AND STRUCTURES ................................................................... 4-63

4.5.1 PURPOSE ......................................................................................................................... 4-63 4.5.2 TABLE OF ALLOWED TEMPORARY USES AND STRUCTURES ................................................. 4-63 4.5.3 PROHIBITED TEMPORARY USES ........................................................................................ 4-64

(A) Retail Sales or Display of Goods, Products or Services in Public ROW ............. 4-64 (B) Retail Sales Or Display Of Non-Agricultural Goods From Vehicles ..................... 4-64 (C) Retail Sales or Displays from Residential Zone Districts………………………….4-62

4.5.4 TEMPORARY USE PERMITS ............................................................................................... 4-64 4.5.5 GENERAL STANDARDS FOR ALL TEMPORARY USES AND STRUCTURES ................................ 4-64

(A) Building Official to issue permit. ........................................................................... 4-64 (B) Plot Plan Required ............................................................................................... 4-65 (C) No Adverse Effects ............................................................................................... 4-65 (D) Complies with Standards ..................................................................................... 4-65 (E) Other applicable codes, ordinances, regulations or laws..................................... 4-65

SECTION 4.6 SPECIAL EVENTS ........................................................................................................ 4-65

4.6.1 APPLICABILITY .................................................................................................................. 4-65 (A) General ................................................................................................................. 4-65 (B) Permit for Special Event Required ....................................................................... 4-65

4.6.2 EXEMPTIONS .................................................................................................................... 4-65 (A) On Grounds Of Private Residence ....................................................................... 4-65 (B) Event Sponsored by City or State of Florida ........................................................ 4-65 (C) Event or Activity at Site Intended for Such Event or Activity ................................ 4-65 (D) Permit Required ................................................................................................... 4-66 (E) Revocation of Special Event Permit ..................................................................... 4-66

4.6.3 STANDARDS ..................................................................................................................... 4-66 (A) Application Shall Not Contain Intentionally False or Misleading Information ....... 4-66 (B) Event Shall Not Create Unreasonable Risk ......................................................... 4-66 (C) Location Cannot be Accommodated .................................................................... 4-66 (D) Time Not Permitted or Reserved for Other Activities ........................................... 4-66

4.6.4 PERMIT APPLICATION ....................................................................................................... 4-66 (A) Special Event Application ..................................................................................... 4-66 (B) City Subsidized Events......................................................................................... 4-66 (C) Liability Insurance Requirements ......................................................................... 4-66 (D) Post Special Event Report ................................................................................... 4-66 (E) Special Event Fee ................................................................................................ 4-66

4.6.5 PERMIT CONDITIONS ........................................................................................................ 4-67 (A) License ................................................................................................................. 4-67 (B) Parades ................................................................................................................ 4-67 (C) Artificial Lighting ................................................................................................... 4-67 (D) Provision of Temporary Parking ........................................................................... 4-67 (E) Control of Nuisance Factors ................................................................................. 4-67 (F) Regulation of Temporary Buildings ...................................................................... 4-68 (G) Provision of Sanitary and Medical Facilities ......................................................... 4-68 (H) Provision of Solid Waste Collection and Disposal ............................................... 4-68 (I) Provision of Security and Safety Measures ......................................................... 4-68 (J) Emergency vehicles and personnel ..................................................................... 4-68 (K) Modification or Elimination of Certain Proposed Activities. .................................. 4-68 (L) Operational Standards ......................................................................................... 4-68 (M) Fees, deposits, reimbursements .......................................................................... 4-68

4.6.6 ADDITIONAL REQUIREMENTS FOR PUBLIC FACILITIES ......................................................... 4-68

CONTENTS

City of Dade City, Florida – Land Development Regulations Page 4-iv

(A) Police and Fire personnel by the Police Chief and Safety Services Director. ..... 4-68 (B) Public Works/Services personnel by the Director of Public Works. ..................... 4-68 (C) All Other Conditions ............................................................................................. 4-68

4.6.7 DENIAL OF PERMIT ........................................................................................................... 4-68 (A) Grounds for Denial of Permit ................................................................................ 4-68 (B) Future Denials ...................................................................................................... 4-68 (C) Appeal of Permit Denial ....................................................................................... 4-69

4.6.8 REVOCATION OF PERMIT ................................................................................................... 4-69 4.6.9 SPECIAL PERMIT REQUIRED FOR CONSUMPTION OF ALCOHOL ............................................ 4-70

(A) Application Required for Permits for Alcoholic Beverage Consumption .............. 4-70 (B) Conditions for Alcoholic Beverage Special Event Permit..................................... 4-70

4.6.10 DURATION OF PERMIT ....................................................................................................... 4-71


SECTION 4.1 TABLE OF USES

Table 4.1-1, Table of Allowed Uses, sets forth the uses allowed within the general use zone districts.

4.1.1 Explanation of Table

(A) Organization of Use Table Table 4.1-2, Table of Allowed Uses, organizes the uses by Use Classifications, Use Categories and Use Types. (1) Use Classifications

The Use Classifications are: Residential Uses; Business Uses; Planned Development. The Use Classifications provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., residential and business uses). The Use Classifications then organize land uses and activities into general “Use Categories” and specific “Use Types” based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions.

(2) Use Categories The Use Categories describe the major sub-groups of the Use Classification, based on common characteristics (e.g., the residential Use Classification is divided into two major Use Categories: Household Living and Group Living). Principal uses are identified in defining the Use Category. They are principal uses that most closely share the common characteristics that are key to the Use Category.

(3) Use Types The Use Categories are divided into specific Use Types. The specific Use Types are included in the respective Use Category. They identify the specific uses that are considered to fall within characteristics identified in the Use Category. For example, single-family detached dwellings, single-family attached dwellings, two- to four-family dwellings, townhouses, multiple-family dwellings, manufactured dwellings, and mobile home dwellings are Use Types in the Household Living Use Category.

(4) Use Classifications, Use Categories, and Use Types Defined Use Classifications are defined and the common characteristics of each Use Category are identified in Section 4.2, Use Classifications, Use Categories, and Use Types. Use Types are defined in Article 10: Definitions.

(B) Permitted Uses A “P” in a cell indicates that a Use Category or Use Type is allowed by right in the respective zone district, subject to compliance with the use-specific standards set forth in the final column of the Use Table. Permitted uses are subject to all other applicable regulations of these LDRs, including those set forth in Article 5: Density, Intensity, and Dimensional Standards; Article 6: Development Standards; and Article 7: Subdivision Standards.

(C) Conditional Use Uses A “C” in a cell indicates that a Use Category or Use Type is allowed as a Conditional Use in the respective zone district, subject to compliance with the use-specific standards set forth in the final column of the table and approval of a Conditional Use Permit in accordance with the procedures and standards of Section 2.4.4, Conditional Use Permit.

(D) Allowed Uses in Planned Developments An “A” in a cell indicates that a Use Category or Use Type is an allowed use in the respective planned development district, subject to compliance with the standards for planned development district approval.

(E) Prohibited Uses A blank cell indicates that the use type is prohibited in the zone district.

EXHIBIT “A” 4.1.2 TABLE OF ALLOWED USES

(F) Use Specific Standards Regardless of whether a Use Category or Use Type is permitted by right or permitted as a Conditional Use, there may be additional regulations that are applicable to a specific use. The existence of these use-specific standards is noted through a section reference in the last column of the Use Table entitled “Use-Specific Standards.” References refer to Section 4.3, Use-Specific Standards. These standards apply to all zone districts unless otherwise specified.

(G) Uses Not Listed The Community Development Director shall determine whether or not an unlisted use is part of an existing Use Category defined in Section 4.2, Use Classifications, Use Categories, and Use Types, or is substantially similar to an already defined Use Type, using the standards in Section 4.2, Use Classifications, Use Categories, and Use Types.

4.1.2 Table of Allowed Uses

USE CATEGORY USE TYPE

RESIDENTIAL BUSINESS PLANNED

DEVELOPMENT Use

Specific Standards

Sec. 4.3 OUA

RS 1

RS2

RS 3

RG 1

RG2

R I O

R IO

CN

CBD

CG

CH

I LW

IH

COMM

R TND

EC

RESIDENTIAL USES

Household Living

Dwelling, Live/work P P P C P P A A A A -

Dwelling, manufactured home A A Section

4.3.1(A)(1) and (2)

Dwelling, mobile home C Section

4.3.1(A)(1)

Dwelling, multiple-family P P P P P A A A A Section

4.3.1(A)(3)

Dwelling, single-family attached

P P P C P P A A A Section

4.3.1(A)(3)

Dwelling, single-family detached

P P P P P P P A A Section

4.3.1(A)(4)

Dwelling, townhouse C C P P P C P A A A Section

4.3.1(A)(3)

Dwelling, two- to four-family C P P P A A A Section

4.3.1(A)(3)

Mobile home park C A Section

4.3.1(A)(1)

Upper story dwelling P P A A A A -

Group Living

Co-housing C Section

4.3.1(B)(1)

Community residential home (6 or fewer residents)

P P P P P P P A A Section

4.3.1(B)(2) (b)

Community residential home (7-14 residents)

C C C P C Section

4.3.1(B)(2) (c)

Dormitory C P P C A A Section

4.3.1(B)(3)

Group home (15 or more residents)

C C C C P A -




DEVELOPMENT Use

Specific Standards

Sec. 4.3 OUA

RS 1

RS2

RS 3

RG 1

RG2

R I O

R IO

CN

CBD

CG

CH

I LW

IH

COMM

R TND

EC

PUBLIC AND INSTITUTIONAL USES

Community Services/facilities

Community center C C C C C P P P A A A Section 4.3.2(A)

Cultural facility C P P P P P P A A A A Section 4.3.2(A)

Library C C P P P P P P A A A A Section 4.3.2(A)

Private social or fraternal clubs – not for profit only

C C C C C C P P P P A -

Senior center C C P C P P P A A A Section 4.3.2(A)

Youth club facility C C C P P P C P A A A Section 4.3.2(A)

Community Gardens P P P P P P P P P P P P P P P P P P

Day Care

Adult care center C C P C C C C A A A A -

Child care center C C P P P C P A A A A Section

4.3.2(B)(1)

Day care home (up to and including 6 persons)

P P P P P P C P P A -

Educational Facilities

College or university C P C P P P A A A A -

School P P P P P P P P A A A Section

4.3.2(C)(1)

Vocational school P P C P P P P P A A A A Section

4.3.2(C)(1)

Government Facilities

Government maintenance, storage, and distribution facility

P P C P P P A A Section 4.3.2(D)

Government office P P P P P P P P A A A Section 4.3.2(D)

Post office P P P P P P P A A A A Section 4.3.2(D)

Health Care Facilities

Blood collection facility C P P P P A A -

Hospital C P P P A A Section

4.3.2(E)(1)

Medical and dental clinic P P C P P P A A -

Medical and dental lab C P P P P A A -

Outpatient facility C P C P P A A Section

4.3.2(E)(2)

Institutions

Assisted living facility C C C P A A A A -

Auditorium C C P P C P A A Section

4.3.2(F)(1)

Convention center C C C C P C C A A Section

4.3.2(F)(1)




DEVELOPMENT Use

Specific Standards

Sec. 4.3 OUA

RS 1

RS2

RS 3

RG 1

RG2

R I O

R IO

CN

CBD

CG

CH

I LW

IH

COMM

R TND

EC

Drug and alcohol treatment facility

C P -

Nursing home C P P P A A -

Psychiatric treatment facility C P P P A -

Churches and religious institution, with seating capacity less than 200 in sanctuary or main activity area

C C C P P P P P C P P P A A A A Section

4.3.2(F)(2)

Churches and religious institution, with seating capacity of 200 or greater in sanctuary or main activity area, or with accessory schools, day care centers with more than 50 children, or recreational facilities

C C C C C C C C P P P A A A A Section

4.3.2(F)(2)

Parks and Open Areas

Arboretum C P P P P P A A A A -

Botanical garden P P P P P P P P P P P A A A A -

New Cemetery, columbaria, mausoleum

C C C C C C C -

Community garden P P P P P P P P P A A A -

Golf course, public/Country Clubs

C C C C C C A A A A -

Park, private and public P P P P P P P P P P P P P P A A A A -

Public square C C P P P P P P P P A A A A -

Recreational trail P P P P P P P P P P P P P A A A A -

Resource-based recreation uses, passive recreation

P P P P P P P P P A A A A -

Resource-based recreation uses, active recreation

P C A A A A -

Public Safety

Fire and EMS P C C P P P C P P P A A A A Section 4.3.2(G)

Police station P C C P P P P P P P P A A A A Section 4.3.2(G)

Sub-station for fire and city police

P P P P P P P P P P P P P A A A A Section 4.3.2(G)

Transportation

Airport C C A -

Airplane landing strip C

C C A A A Section

4.3.2(H)(1)

Helicopter landing facilities C C

C C A A Section

4.3.2(H)(2)




DEVELOPMENT Use

Specific Standards

Sec. 4.3 OUA

RS 1

RS2

RS 3

RG 1

RG2

R I O

R IO

CN

CBD

CG

CH

I LW

IH

COMM

R TND

EC

Passenger terminal, surface transportation

C C P P P P A -

Utilities

Wireless Communication tower and/or antenna, freestanding (new)

P C C C P P P A A A A Section

4.3.2(I)(1)

Wireless Communication antenna, Collocation on existing tower

P P P P P P P P P P P P A A A A Section

4.3.2(I)(1)

Wireless Communication antenna, placement on existing building

P P P P P P P P P P P P A A A A Section

4.3.2(I)(1)

Railroad right-of-way P P P P P P P P P P P P P P A A A A -

Utility, major C C C C C C C C C C C A A A A Section

4.3.2(I)(3)

Utility, minor P P P P P P P P P P P P P A A A A Section

4.3.2(I)(4)

AGRICULTURAL USES

Agriculture Citrus Groves P P P P P P P P P P P P P A A -

Animal husbandry General use category C -

Horticulture General use category -

Agriculture Support and Services (Directly Related)

Agricultural processing C P Section

4.3.3 (A)(1) and (2)

Agri-education C Section

4.3.3 (A)(1)

Agri-entertainment C Section

4.3.3 (A)(1)

Custom operator A P Section

4.3.3 (A)(1)

Direct market business for sale of products produced on site, including but not limited to produce stands or PYO (pick-your-own) establishments

P Section

4.3.3 (A)(1) and (3)

Equestrian facility P C C Section

4.3.3 (A)(1)

Farm co-op C Section

4.3.3 (A)(1)

Farm machinery repair C P P Section

4.3.3 (A)(1)

Farm market C A Section

4.3.3 (A)(1)

Farm produce stand P A Section

4.3.3 (A)(1) and (3)

Feedlot (for on-going, on-site animal husbandry activities)

P Section

4.3.3 (A)(1)




DEVELOPMENT Use

Specific Standards

Sec. 4.3 OUA

RS 1

RS2

RS 3

RG 1

RG2

R I O

R IO

CN

CBD

CG

CH

I LW

IH

COMM

R TND

EC

Nursery, commercial P P P A Section

4.3.3 (A)(1) and (4)

Nursery, production P P Section

4.3.3 (A)(1) and (4)

Pet farm C Section

4.3.3 (A)(1)

Sawmill C P Section

4.3.3 (A)(1) and (5)

Stable P Section

4.3.3 (A)(1) and (6)

Agriculture Support and Services (Not Directly Related)

Agricultural research facility P P P Section

4.3.3 (B)(1)

Animal care business P P -

Auction arena for livestock C C P -

Central farm distribution hub for agricultural products

C P P Section

4.3.3 (B)(1)

Equestrian facility/stable P Section

4.3.3 (B)(2)

Fair grounds P C A -

Farm machinery repair C P P P -

Farm machinery sales, rental, and service

P P A -

Mining C

Animal Sales, Service and Care

Animal hospital P P A Section

4.3.3 (C)(1)

Animal shelter P P A Section

4.3.3 (C)(2)

Animal grooming P P P P P A -

Kennel, indoor C P C P A A Section

4.3.3 (C)(3)

Kennel, outdoor P P P P P A Section

4.3.3 (C)(4)

Veterinary clinic P P P P P A Section

4.3.3 (C)(5)

BUSINESS

Eating Establishments

Ice cream shop P P P P P A A -

Restaurant, indoor seating only

P P P P P P A A A

Restaurant, with outdoor seating

P P P C C A A A Section

4.3.4(A)(1)




DEVELOPMENT Use

Specific Standards

Sec. 4.3 OUA

RS 1

RS2

RS 3

RG 1

RG2

R I O

R IO

CN

CBD

CG

CH

I LW

IH

COMM

R TND

EC

Restaurant, with drive-through or drive-in service

P P C A A Section

4.3.4(A)(2)

Specialty eating establishment

P P P P P C C A A A -

Conference and Training Centers

Conference center C P P P P P P A A Section

4.3.4(B)(1)

Rural agricultural corporate retreat

C Section

4.3.4(B)(2)

Industrial Services

Building, heating, plumbing, or electrical contractors

P P P A -

Electric motor repair P P Section

4.3.4(C)(1)

Fuel oil distributor P -

General industrial service P P P P P A -

Heavy equipment sales, rental, or repair

P P P Section

4.3.4(C)(2)

Laundry, dry cleaning, and carpet cleaning facilities

C P P A Section

4.3.4(C)(3)

Machine shop P P P P Section

4.3.4(C)(1)

Repair of scientific or professional instruments

P P P P A A -

Tool repair P P P P Section

4.3.4(C)(1)

Manufacturing and Production

Manufacturing, heavy1 P

Section 4.3.4(D)(1)

Manufacturing, light P P P P A A -

Asphalt/concrete batch plant C Section

4.3.4(D)(1)

Offices

Business services P P P P P P C P A A -

Financial services P P P P P P A A -

Professional services P P P P P P P A A -

Medical Services P P P P P P A A -

Sales P P P P P P A A -

Parking, Commercial

Parking lot P P P P P A A A Section

4.3.4(E)(1)

Parking structure P P P P P A A A Section

4.3.4(E)(2)

Recreation/ Entertainment,

Commercial recreation, indoor P P P P P A A A -




DEVELOPMENT Use

Specific Standards

Sec. 4.3 OUA

RS 1

RS2

RS 3

RG 1

RG2

R I O

R IO

CN

CBD

CG

CH

I LW

IH

COMM

R TND

EC

Indoor Neighborhood recreation center

C C P A A A -

Private club or lodge with seating capacity of less than 300 in main activity area

C C C P P P P P P P P P A A A A -

Private club or lodge, with seating capacity of 300 or greater in main activity area

C C C C C P P P P A A A A -

Theater C P P P P A A -

Recreation/ Entertainment, Outdoor

Archery range C P -

Arena, amphitheater, auditorium, or stadium

C C C C C C A A A A Section

4.3.4(F)(1)

Commercial recreation, outdoor

P A A -

Golf course, private C P P P P P A A A -

Retail Sales and Services

Auction house P P P A Section 4.3.4(G)

Bar, nightclub, or cocktail lounge

C P P P A Section

4.3.4(G)(1)

Convenience store P C P C A A Section

4.3.4(G)(2)

Department or discount store P P P A Section 4.3.4(G)

Drug store or pharmacy (stand-alone)

P P P A Section

4.3.4(G)(3)

Crematory P

C P P A Section 4.3.4(G)

Entertainment establishment P P P A Section 4.3.4(G)

Financial institution P C P P P P P A A A Section

4.3.4(G)(4)

Funeral home P C P P P P A Section 4.3.4(G)

General media store P P P A A Section 4.3.4(G)

Liquor store C P P P A Section 4.3.4(G)

Laundromat P P A Section

4.3.4(G)(5)

Pharmacy P P P P P

Personal services establishment

P P P P P A Section

4.3.4(G)(6)

Repair establishment C P P P A Section 4.3.4(G)

Sales establishment C P P P A A Section 4.3.4(G)




DEVELOPMENT Use

Specific Standards

Sec. 4.3 OUA

RS 1

RS2

RS 3

RG 1

RG2

R I O

R IO

CN

CBD

CG

CH

I LW

IH

COMM

R TND

EC

Large-scale Retail Establishments ≥20,000 sf but <80,000sf

P P A Section

4.3.4(G)(7)

Large-scale Retail Establishments ≥80,000sf

C A Section

4.3.4(G)(7)

Self-Service Storage

All uses C P P A Section 4.3.4(H)

Sexually-Oriented Business

Sexually-Oriented Cabaret C Section 4.3.4(I)

Sexually-Oriented Media Store

C Section 4.3.4(I)

Sexually-Oriented Motion Picture Theater

C Section 4.3.4(I)

Sex Shop C Section 4.3.4(I)

Vehicles, Sales and Services

Automobile body shop P P P Section

4.3.4(J)(1)

Automobile parts sales C P P P P A -

Automobile rental and sales P P A Section

4.3.4(J)(2)

Automobile repair and servicing

P C P P A Section

4.3.4(J)(3)

Automobile service station C P P A -

Automobile service station with wash and detail

P P A -

Boat and marine rental and sales

P P P A Section

4.3.4(J)(4)

Car wash or auto detailing P P A Section

4.3.4(J)(5)

Gasoline sales S P P S S A Section

4.3.4(J)(6)

Recreational vehicle rental and sales

P P A Section

4.3.4(J)(2)

Taxicab service P P A -

Tire sales and mounting P P A Section

4.3.4(J)(7)

Towing service P P A Section

4.3.4(J)(8)

Transmission or muffler shop P P A Section

4.3.4(J)(7)

Truck or tractor rental or sales P P P P Section

4.3.4(J)(2)

Visitor Accommodations

Bed and breakfast C C C C C C C P A A A Section

4.3.4(K)(1)

Bed and breakfast inn C C C C C C C C A A Section

4.3.4(K)(2)




DEVELOPMENT Use

Specific Standards

Sec. 4.3 OUA

RS 1

RS2

RS 3

RG 1

RG2

R I O

R IO

CN

CBD

CG

CH

I LW

IH

COMM

R TND

EC

Hotel or motel C P P A A A Section

4.3.4(K)(4)

Warehouse and Freight Movement

Cold storage plant P -

Parcel services P P P P A Section

4.3.4(L)(1)

Truck or freight terminal P C C P Section

4.3.4(L)(1)

Warehouse (distribution) P P P P Section

4.3.4(L)(1)

Warehouse (storage) C P P A Section

4.3.4(L)(1)

Outdoor Storage (as a principal use)

C P Section

4.3.4(L)(2)

Waste-Related Services

Energy recovery plant C C -

Hazardous waste collection sites

C C -

Incinerator C C -

Landfill C C -

C -

Recycling drop-off center C C C C A A A Section

4.3.4(M)(1)

Recycling and salvage center C C P Section

4.3.4(M)(2)

Salvage and junkyard C C C Section

4.3.4(M)(3)

Tire disposal or recycling C C Section

4.3.4(M)(3)

Waste composting C C C -

Wholesale sales All uses P P P P -

SECTION 4.2 USE CLASSIFICATIONS, USE CATEGORIES, AND USE TYPES

4.2.1 General

(A) Purpose (1) Use Classifications

Use Classifications organize land uses and activities into general “Use Categories” and specific “Use Types” based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. The Use Classifications provide a systematic basis for assigning present and future land uses into appropriate zone districts. Use Classifications describe one or more uses having


similar characteristics, but do not list every use or activity that may appropriately be within the classification. There are three Use Classifications in the Table of Allowed Uses: Residential Uses, Business Uses, and Planned Development.

(2) Use Categories The Use Categories describe the major sub-groups of the Use Classification, based on common characteristics (e.g., the residential Use Classification is divided into two major Use Categories: Household Living and Group Living).

(3) Use Types The Use Categories are divided into specific Use Types. The specific Use Types are included in the respective Use Category. They identify the specific uses that are considered to fall within characteristics identified in the Use Category.

(B) Structure of this Section (1) General

This section identifies each of the four Use Classifications in the Table of Allowed Uses (Table 4.1-1), and includes a section under each Use Classification identifying each Use Category. There are “Characteristics” and “Examples” subsections under each Use Category. (Use Types are defined in Article 10: Definitions.)

(2) Principal Use Characteristics and Accessory Uses The “Characteristics” subsection describes common characteristics of each Use Category. Principal uses are assigned to the Use Category that most closely describes the nature of the principal use. Also listed are examples of common accessory uses, which, unless otherwise stated in the LDRs, are allowed in conjunction with a principal use and are subject to the same standards as the principal use.

(3) Examples The “Examples” subsection lists common examples of Use Types included in the respective Use Category. The names of these sample uses are generic. They are based on common meanings and not on what a specific use may call itself. For example, a use that calls itself “Wholesale Sales,” but sells mostly to consumers, is included in the Retail Sales and Service category rather than the Wholesale Sales category. This is because the activity on the site matches the characteristics of the Retail Sales and Service Use Category.

(4) Exceptions The “Exceptions” subsection lists examples of Use Types that are similar to those in the respective Use Category, but are not classified within that Use Category. For example, “preschools” may be similar to Educational Facilities in use, but preschools are actually classified as Day Care uses for the purposes of these LDRs.

(C) Developments with Multiple Principal Uses When all principal uses of a development fall within one Use Category, the entire development is assigned to that Use Category. A development that contains a coffee shop, bookstore, and bakery, for example, would be classified in the Retail Sales and Service category because all of the development’s principal uses are in that Use Category. When the principal uses of a development fall within different Use Categories, each principal use is classified in the applicable Use Category and each use is subject to applicable regulations within that category. Developments with multiple principal uses, such as shopping centers, shall incorporate only those uses allowed in the underlying zone district.

(D) Unlisted Uses (1) Procedure for Approving Unlisted Uses

Where a particular Use Type is not specifically listed in Table 4.1-1, Table of Allowed Uses, the Community Development Director may permit the Use Type upon a finding the standards of Section 4.2.1(D)(2), Standards for Approving Unlisted Uses, are met. The Community Development Director shall give due consideration to the purpose and intent of these LDRs concerning the zone district(s) involved, the


character of the uses specifically identified, and the character of the use(s) in question.

(2) Standards for Approving Unlisted Uses In order to determine the proposed use(s) has an impact that is similar in nature, function, and duration to the other Use Types allowed in a specific zone district, the Community Development Director shall assess all relevant characteristics of the proposed use, including but not limited to the following: (a) The volume and type of sales, retail, wholesale, etc.; size and type of items sold

and nature of inventory on the premises; (b) Any processing done on the premises, including assembly, manufacturing,

warehousing, shipping, distribution; any dangerous, hazardous, toxic, or explosive materials used in the processing; and

(c) The nature and location of storage and outdoor display of merchandise; enclosed, open, inside or outside the principal building; and predominant types of items stored (such as business vehicles, work-in-process, inventory, and merchandise, construction materials, scrap and junk, and raw materials including liquids and powders); and

(d) The type, size and nature of buildings and structures; and (e) The number and density of employees and customers per unit area of site in

relation to business hours and employment shifts; and (f) Transportation requirements, including the modal split for people and freight, by

volume type and characteristic of traffic generation to and from the site, trip purposes and whether trip purposes can be shared by other Use Types on the site; and

(g) Parking requirements, turnover and generation, ratio of the number of spaces required per unit area or activity, and the potential for shared parking with other Use Types; and

(h) The amount and nature of any nuisances generated on the premises, including but not limited to noise, smoke, odor, glare, vibration, radiation and fumes; and

(i) Any special public utility requirements for serving the proposed Use Type, including but not limited to water supply, waste water output, pre-treatment of wastes and emissions required or recommended, and any significant power structures and communications towers or facilities; and

(j) The impact on adjacent lands created by the proposed Use Type, which should not be greater than that of other Use Types in the zone district.

(3) Effects of Finding by Community Development Director (a) Typical Uses: Added to LDRs

In making the determination described in Section 4.2.1(D)(1), Procedure for Approving Unlisted Uses, the Community Development Director shall initiate an amendment to these LDRs if it is determined the particular Use Type is likely to be common or to recur frequently, or that omission of specific inclusion and reference in the Table of Allowed Uses (Table 4.1-1) is likely to lead to public uncertainty and confusion. Until final action is taken on a proposed amendment, the determination of the Community Development Director shall be binding on all officers and departments of the City.

(b) Atypical Uses: Determination Binding In making a determination whether to approve an unlisted use, the Community Development Director’s determination shall thereafter be binding on all officers and departments of the City, without further action or amendment of these LDRs, if the Community Development Director finds the particular Use Type is of an unusual or transitory nature, or is unlikely to recur frequently. Determinations shall be recorded and maintained in the office of the Community Development Director and shall be available for public inspection.


4.2.2 Residential Use Classification

(A) Household Living (1) Characteristics

The Household Living Use Category is characterized by the residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month or longer basis. Accessory uses commonly associated with Household Living are recreational activities, raising of pets, hobbies, and parking of the occupants’ vehicles. Home occupations are accessory uses that are subject to additional regulations (Sec 4.4(C) Home Occupations).

(2) Examples Example Use Types include single-family detached dwellings, single-family attached dwellings, two- to four-family dwellings, townhouses, multiple-family dwellings, mobile homes, mobile home parks, and other structures with self-contained dwelling units.

(3) Exceptions Lodging in a dwelling unit or where units are rented on a less than monthly basis is classified Visitor Accommodations.

(B) Group Living (1) Characteristics

The Group Living Use Category is characterized by the residential occupancy of a structure by a group of people who do not meet the definition of “household.” The size of the group may be larger than the average size of a household. Tenancy is arranged on a monthly or longer basis. Generally, Group Living structures have a common eating area for residents. The residents may receive care, training, or treatment. Common accessory uses include recreational facilities, dining facilities, and parking of vehicles for occupants and staff.

(2) Examples Example Use Types include community residential homes, group living facilities, and rooming houses.

(3) Exceptions (a) Lodging where tenancy may be arranged for periods of less than 30 days is

classified as Visitor Accommodations. (b) Lodging where the residents meet the definition of “household” and where

tenancy is arranged on a month-to-month basis or for a longer period is classified as Household Living.

(c) Most group living facilities are classified as Group Living. However, group living facilities where individual units meet the definition of a “dwelling unit” are classified as Household Living.

4.2.3 Public and Institutional Use Classification

(A) Community Services (1) Characteristics

The Community Services Use Category is characterized by Use Types of a public, nonprofit, or charitable nature providing a local service to people of the community. Generally, they provide the service on-site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community centers or facilities that have membership provisions that are open to the general public to join at any time (for instance, any senior citizen could join a senior center) fall into the Community Services Use Category. The Use Type may provide special counseling, education, or training of a public, nonprofit, or charitable nature. Accessory uses may include offices; meeting, food preparation, parking, health, and therapy areas; and athletic facilities.


(2) Examples Example Use Types include community centers, cultural facilities, libraries, senior centers, and youth club facilities.

(3) Exceptions Parks are classified as Parks and Open Areas.

(B) Day Care (1) Characteristics

The Day Care Use Category is characterized by Use Types that provide care, protection, and supervision for more than six (6) children or adults on a regular basis away from their primary residence for less than 24 hours per day. Accessory uses include offices, recreation areas, and parking.

(2) Examples Example Use Types include care centers, day care homes (up to and including 6 people), and preschools.

(3) Exceptions Day Care does not include public or private schools or facilities operated in connection with an employment use, shopping center, or other principal use where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity.

(C) Educational Facilities (1) Characteristics

The Education Use Category is characterized by Use Types that include public and private schools at the primary, elementary, middle, or high school level that provide state-mandated basic education. This Use Category also includes colleges, universities, and other institutions of higher learning that offer courses of general or specialized study leading to a degree. Colleges tend to be in campus-like settings or on multiple blocks. This Use Category also includes vocational schools. Accessory uses at schools include offices, play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school day care. Accessory uses at colleges or universities include offices, food service, laboratories, health and sports facilities, theaters, meeting areas, parking, maintenance facilities, and support commercial.

(2) Examples Example Use Types include public and private secondary schools that provide state-mandated basic education, colleges or universities, and vocational schools.

(3) Exceptions Preschools are classified as Day Care uses.

(D) Government Facilities (1) Characteristics

The Government Facilities Use Category is characterized by Use Types that include post offices; detention centers; maintenance, storage, and distribution facilities; and other offices and facilities for the operation of local, state, or federal government. Accessory uses include maintenance, storage, and fueling facilities; satellite offices; and parking areas.

(2) Examples Example Use Types include post offices, government offices, and government maintenance, storage, and distribution facilities.

(3) Exceptions (a) Passenger terminals for airports and surface transportation are classified as

Transportation. (b) City, county, or state parks are classified as Parks and Open Space. (c) Water, wastewater, gas, electric, and other infrastructure services, whether

public or private, are classified as Utilities. (d) Waste and recycling services are classified as Waste-Related Services.


(E) Health Care Facilities (1) Characteristics

The Health Care Facilities Use Category is characterized by Use Types that include uses providing medical or surgical care to patients. Hospitals offer overnight care, while other medical facilities provide outpatient care only. Accessory uses include offices, laboratories, teaching facilities, meeting areas, cafeterias, parking, maintenance facilities, and housing for staff or trainees.

(2) Examples Example Use Types include hospitals, medical and dental clinics, medical and dental labs, outpatient facilities, and blood collection facilities.

(3) Exceptions Uses that provide exclusive care and planned treatment or training for psychiatric, alcohol, or drug problems, where patients are residents of the program, are classified as Institutions.

(F) Institutions (1) Characteristics

The Institutions Use Category is characterized by Use Types that provide a variety of facilities, including buildings that primarily provide meeting areas for religious activities; housing and care for the elderly or disabled; and housing related to treatment programs. Accessory uses include school facilities, meeting rooms, parking, and staff residences.

(2) Examples Example Use Types include religious institutions; nursing homes, assisted living facilities; residential programs for drug and alcohol treatment; and alternative or post incarceration facilities.

(3) Exceptions Group home facilities or residential programs where individual units meet the definition of a dwelling unit in Article 10: Definitions, are classified as Household Living.

(G) Parks and Open Areas (1) Characteristics

The Parks and Open Areas Use Category is characterized by Use Types that focus on natural areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend to have few structures. Accessory uses may include club houses, maintenance facilities, concessions, and parking.

(2) Examples Examples Use Types include parks, publicly-owned golf courses, public squares, plazas, recreational trails, botanical gardens; and cemeteries, columbaria, and mausoleums.

(3) Exceptions Privately owned golf courses are classified as Outdoor Recreation/Entertainment.

(H) Public Safety (1) Characteristics

The Public Safety Use Category is characterized by Use Types that provide public safety services to the general public.

(2) Examples Example Use Types include fire and EMS facilities, police stations, and substations for fire and police. Accessory uses include offices, teaching facilities, meeting areas, lunch rooms and cafeterias, sleeping quarters, parking, and maintenance facilities.

(I) Utilities (1) Characteristics

The Utilities Use Category includes both Major Utilities, which are infrastructure services providing regional or community-wide service, and Minor Utilities, which are


infrastructure services that need to be located in or near the neighborhood or Use Type where the service is provided. Wireless telecommunication towers also are a type of utility. Services may be publicly or privately provided. Accessory uses may include parking and control, offices, monitoring, or data transmission equipment.

(2) Examples (a) Examples of Major Utilities include water towers, waste treatment plants, potable

water treatment plants, public potable water wellheads, solid waste facilities, and electrical substations.

(b) Examples of Minor Utilities include water and sewage pump stations, stormwater retention and detention facilities, telephone exchanges, and surface transportation stops.

(c) Examples of Wireless Telecommunication Towers (free-standing and roof mounted) include facilities for transmitting wireless phones and pager services, and television and radio broadcasting equipment.

4.2.4 Agriculture Use Classification

(A) Agriculture (1) Characteristics

The Agriculture Use Category is characterized by general agricultural activities, including agronomy, aquaculture, biotechnical agriculture (including education parks for biotechnical agriculture or a demonstration farm), fisheries, honey production, silviculture (including the harvesting of timber), and similar uses. Accessory uses may include offices, storage areas and repair facilities related to agriculture uses.

(2) Examples Examples of Agriculture Use Types include agronomy, aquaculture, biotechnical, forestry, fisheries, apiculture, silviculture, and similar uses.

(B) Animal Husbandry (1) Characteristics

The Animal Husbandry Use Category is characterized by the commercial and non-commercial propagation, rearing, exercising, feeding, milking, housing, controlling, handling, or general care of living animals.

(2) Examples Examples of Animal Husbandry Use Types include the raising and production of cattle (beef and dairy), pigs, mules, ducks, horses, goats, poultry, and sheep.

(C) Horticulture (1) Characteristics

The Horticulture Use Category includes the cultivation and production of orchard, garden, or nursery crops on a small or large scale, including the production of field grown crops, specialty crops, flowers, fruit, grapes, market gardening, nursery stock, nuts, ornamental plants, sod, vegetables, and similar horticultural uses. Horticulture includes the cultivation of such produce by means of biotechnical or genetic engineering techniques.

(2) Examples Examples of Horticulture Use Types includes the production of field grown crops like strawberries, tomatoes, beans, corn and the like; the cultivation of orchards, like pears and apples; the cultivation and growing of grapes; the cultivation and growing of flowers and ornamental plants; sod farming; and the cultivation of specialty crops, and similar uses.

(D) Agriculture Support and Services Directly Related to On-going Agriculture, Horticulture, and Animal Husbandry, On-Site Agriculture Support (Directly Related) (1) Characteristics

The Agriculture Support (Directly Related) Use Category includes Use Types that provide support and services to agricultural, horticultural and animal husbandry


activities, which are limited to and that operate in conjunction with and on the site of on-going agricultural, horticultural or animal husbandry uses.

(2) Examples Examples of Agriculture Support (Directly Related) Use Types includes agricultural processing for on-site uses, agri-education, agri-entertainment, custom operators, direct-market businesses for the sale of produce grown on-site, equestrian facilities, farm-based tourism, farm co-ops, farm machinery repair, farm markets, farm produce stands, feedlots (for on-going, on-site animal husbandry uses), nurseries (commercial and production), pet farms, sawmills, and stables.

(E) Agriculture Support and Services Not Directly Related to On-going Agriculture, Horticulture, and Animal Husbandry, On-Site Agriculture Support (Not Directly-Related) (1) Characteristics

The Agriculture Support (Not Directly Related) Use Category includes Use Types that provide support and services to agricultural, horticultural and animal husbandry activities, off-site, and that are not directly related to on-going agricultural, horticultural or animal husbandry uses.

(2) Examples Examples of Agriculture Support (Not Directly Related) Use Types include agricultural research facilities, animal care businesses, auction arenas for livestock, commercial nurseries, equestrian facilities, fairgrounds, farm machinery repair, farm machinery sales, rental, and service, and stables.

(F) Animal Sales, Services, and Care (1) Characteristics

The Animal Sales, Services, and Care Use Category is characterized by uses related to the provision of medical services and treatment to animals, including veterinary services, animal hospitals and the boarding of animals related to the provision of these services.

(2) Examples Examples of Animal Sales, Services, and Care Use Types include animal shelters, animal grooming, kennels (outdoor and indoor), animal hospitals, and veterinary clinics.

4.2.5 Business Use Classification

(A) Eating Establishments (1) Characteristics

The Eating Establishment Use Category is characterized by establishments that sell food for on- or off-premise consumption. Accessory uses may include bars or cocktail lounges associated with the Eating Establishment, decks and patios for outdoor seating, drive-thru facilities, customer and employee parking areas, and valet parking facilities.

(2) Examples Examples include restaurants, restaurants with drive-through or drive-in service, ice cream shops, and specialty eating establishments.

(3) Exceptions Bars, nightclubs, or cocktail lounges are classified as Retail Sales.

(B) Conference and Training Centers (1) Characteristics

The Conference and Training Center Use Category is characterized by facilities used for business or professional conferences, seminars, and training programs, which may include accommodations for sleeping, eating and recreation.

(2) Examples


Example Use Types include conference centers and rural agricultural corporate retreats.

(C) Industrial Services (1) Characteristics

The Industrial Services Use Category is characterized by businesses that are engaged in the repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site. Accessory activities may include retail sales, offices, parking, and storage.

(2) Examples Example Use Types include machine shops; tool repair; electric motor repair; repair of scientific or professional instruments; heavy equipment sales, rental, repair, or storage; heavy equipment servicing and repair; building, heating, plumbing or electrical contractors; fuel oil distributors; and laundry, dry-cleaning and carpet cleaning plants.

(3) Exceptions Contractors and others who perform services off-site are included in the Offices category, if major equipment and materials are not stored at the site and fabrication or similar work is not carried out at the site. If major equipment and materials are stored at the site, or fabrication or similar work is carried out on the site, then such uses are included in the Warehouse and Freight Movement Use Category.

(D) Manufacturing and Production (1) Characteristics

The Manufacturing and Production Use Category is characterized by firms involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Custom industry is included (i.e., establishments primarily engaged in the on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment). Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site. Accessory activities may include retail sales, offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets, and caretaker’s quarters. (a) Heavy Manufacturing

Heavy Manufacturing is the manufacture or compounding process of raw materials. These activities may involve outdoor operations as part of their manufacturing process.

(b) Light Manufacturing Light Manufacturing is the mechanical transformation of predominantly previously prepared materials into new products, including assembly of component parts and the creation of products for sale to the wholesale or retail markets or directly to consumers. Such uses are wholly confined within an enclosed building, do not include processing of hazardous gases and chemicals, and do not emit noxious noise, smoke, vapors, fumes, dust, glare, odor, or vibration.

(2) Examples (a) Heavy Manufacturing

Example Use Types of Heavy Manufacturing include, but are not limited to manufacture or assembly of machinery, equipment, instruments, including musical instruments, vehicles, and appliances. Specifically prohibited are rendering, petroleum refining, asphalt/concrete plants, pulp and paper mills, mining, and manufacture of chemicals, fertilizers, paint, and turpentine.


(b) Light Manufacturing Example Use Types of Light Manufacturing include production or repair of small machines or electronic parts and equipment; woodworking and cabinet building; publishing and lithography; computer design and development; communications equipment, precision items and other electrical items; research, development, and testing facilities and laboratories; apparel production; sign making, assembly of pre-fabricated parts, manufacture of electric, electronic, or optical instruments or devices; manufacture and assembly of artificial limbs, dentures, hearing aids, and surgical instruments; manufacture, processing, and packing of food products, cosmetics, and manufacturing of components, jewelry, clothing, trimming decorations, and any similar item.

(3) Exceptions (a) Goods Sold On-Site

Manufacturing of goods to be sold primarily on-site and to the general public is classified as Retail Sales and Services.

(b) Goods from Salvage Materials Manufacturing and production of goods from salvage material is classified as Waste-Related Services.

(c) Goods From Composting Organic Materials Manufacturing and production of goods from composting organic material is classified as Waste-Related Uses.

(E) Offices (1) Characteristics

The Office Use Category includes activities that are conducted in an office setting and that generally focus on business, professional, medical or financial services. Accessory uses may include cafeterias, parking, or other amenities primarily for the use of employees in the firm or building.

(2) Examples Example Use Types include business services establishments; professional services establishments such as doctors, dentists, lawyers, accountants, engineers, or architects; financial businesses such as lenders, brokerage houses or real estate agents; data processing; sales offices; public utility offices; and TV and radio studios.

(3) Exceptions (a) Offices that are part of and located with a principal use in another Use Category

are considered accessory to the establishment’s primary activity. Headquarters offices, when in conjunction with or adjacent to a principal use in another Use Category, are considered part of the other Use Category.

(b) Contractors and others who perform services off-site are included in the Office category if equipment and materials are not stored outside and fabrication, services, or similar work is not carried on at the site.

(c) Government offices are classified as Government Facilities. (d) Medical and dental clinics, medical and dental labs, and blood-collection facilities

are classified as Health Care Facilities. (F) Parking, Commercial

(1) Characteristics The Commercial Parking Use Category is characterized by parking that is not accessory to a specific principal use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a Commercial Parking facility. Accessory uses may include small structures intended to shield parking attendants from the weather.


(2) Examples Example Use Types include short- and long-term fee parking facilities (both lots and structures) and mixed parking facilities (partially accessory to a specific use, partially for rent to others).

(3) Exceptions (a) Charge for Parking for Occasional Events

Parking facilities that are accessory to a principal use, but that charge the public to park for occasional events nearby, are not considered Commercial Parking Use Types.

(b) Leasing Parking Facility to Principal Use Not Relevant

Parking facilities that are accessory to a principal use are not considered Commercial Parking uses, even if the operator leases the facility to the principal use or charges a fee to the individuals who park in the facility.

(c) Park and Ride Facilities Park-and-ride facilities are classified as Utilities.

(d) Sales or Servicing of Vehicles Sales or servicing of vehicles is classified as Vehicle Sales and Services.

(G) Recreation/Entertainment, Indoor (1) Characteristics

The Indoor Recreation/Entertainment Use Category includes privately owned uses that provide recreation or entertainment activities in an enclosed structure or structures. Accessory uses may include concessions, snack bars, parking, and maintenance facilities.

(2) Examples (a) Commercial Recreation, Indoor

Examples include fitness centers, bowling alleys, dancehalls, skating rinks, indoor commercial swimming pools and racquet and tennis club facilities (indoor), and theaters.

(b) Other Examples Other examples include private clubs and neighborhood recreation or resource offices.

(3) Exceptions Recreational facilities that are reserved for use by residents of particular residential developments and their guests are accessory to those residential Use Types.

(H) Recreation/Entertainment, Outdoor (1) Characteristics

This Outdoor Recreation/Entertainment Use Category includes large, generally commercial uses that provide continuous recreation or entertainment-oriented activities. They primarily take place outdoors. They may take place in a number of structures that are arranged together in an outdoor setting. Accessory uses may include restaurants, bars, concessions, parking, and maintenance facilities.

(2) Examples Commercial Recreation, Outdoor Examples include privately owned golf driving ranges, privately owned miniature golf facilities, privately owned outdoor commercial tourist attractions, and privately owned active sports facilities such as ballfields and basketball courts, racquet and tennis club facilities, and archery ranges.

(3) Exceptions


(a) Banquet halls that are part of hotels or restaurants are accessory to those uses, which are included in the Visitor Accommodations or Eating Establishment categories, respectively.

(b) Publicly owned golf courses are classified as Parks and Open Areas. (c) Indoor continuous entertainment activities such as theaters, bowling alleys, game

arcades, pool halls, or dance halls are classified as Indoor Recreation/Entertainment.

(I) Retail Sales and Service (1) Characteristics

The Retail Sales and Services Use Category is characterized by Use Types involved in the sale, lease, or rent of new or used products to the general public. They may also provide personal services or entertainment or provide product repair or services for consumer and business goods. Accessory uses may include offices, storage of goods, manufacture or repackaging of goods for on-site sale, and parking.

(2) Examples Example Use Types includes uses from the four following groups: (a) Sales

Stores selling, leasing, or renting consumer, home and business goods including art, art supplies, bicycles, clothing, dry goods, electronic equipment, fabric, furniture, garden supplies, gifts, groceries and food sales, hardware, home improvements, household products, jewelry, pets, pet food, pharmaceuticals, plants, printer material, and stationery and videos

(b) Personal Service Establishments Financial institutions, laundromats; laundry and dry-cleaning drop-off establishments; photographic studios; mailing or packing service, photocopy and blueprint services; hair salons; tanning and personal care services; psychics and mediums; martial arts schools; dance or music classes; taxidermists; and mortuaries.

(c) Entertainment Indoor continuous entertainment activities such as game arcades, pool halls, indoor firing ranges, cinemas, concert halls, and theaters.

(d) Repair Repair of TVs, bicycles, clocks, watches, shoes, guns, canvas products, appliances and office equipment; photo or laundry drop-off; tailor; locksmith; and upholsterer.

(3) Exceptions (a) Laundry and dry-cleaning plants are considered Industrial Services. (b) Building trade contractors with on-site storage that sell primarily to contractors

and do not have a retail orientation are classified as Warehouse and Freight Movement.

(c) Repair and service of vehicles, motorcycles, and light and medium trucks is classified as Vehicle Sales and Service.

(J) Self-Service Storage (1) Characteristics

The Self-Service Storage Use Category is characterized by uses that provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing or removing personal property. Accessory uses may include living quarters for a resident manager or security and leasing offices, and outside storage of boats and campers. Use of the storage areas for sales, service, repair, or manufacturing operations is not considered accessory to the use. The rental of trucks or equipment is also not considered accessory to the use.


(2) Examples Example Use Types include facilities that provide individual storage areas for rent. These uses are also called “mini-warehouses.”

(3) Exceptions A transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred is in the Warehouse and Freight Movement Use Category.

(K) Sexually Oriented Businesses (1) Characteristics

The Sexually Oriented Business Use Category is characterized by uses that sell or distribute material or provide activities with sexually explicit content, including the display of specified anatomical areas and/or specified sexual activities. While such uses are allowed to operate within the City, they may be required to be separated from other existing uses and designed to minimize impact and protect the health, safety and welfare of the residents of the City. No more than one sexually oriented business use may occupy a single building or lot, and such uses may not be accessory uses to another business. The sale of fuel, alcoholic beverages for off-site consumption, and shower or bath services is prohibited within a sexually oriented business.

(2) Examples Example Use Types include sexually oriented media stores (adult book stores), sex shops (sexual paraphernalia store), sexually oriented cabarets (strip clubs), and sexually oriented motion picture theatres.

(3) Exceptions A General Media Store meeting inventory and floor area limits is classified as Retail Sales and Service.

(L) Vehicle Sales and Service (1) Characteristics

The Vehicle Sales and Service Use Category is characterized by the direct sales of and service of passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles. Accessory uses may include offices, sales of parts, and vehicle storage.

(2) Examples Examples include rental and sales of automobiles or recreational vehicles; auto repair and servicing; automobile wash and detail shops; full-service, mini-service, and self-service gas stations; transmission or muffler shops; towing service; tire sales and mounting; taxicab service; towing service; or truck or trailer rental.

(3) Exceptions Refueling facilities for vehicles that belong to a specific use (fleet vehicles) are considered accessory uses if they are located on the site of the principal use.

(M) Visitor Accommodations (1) Characteristics

The Visitor Accommodation Use Category includes dwelling units arranged for short-term stays of less than 30 days for rent, lease, or interval occupancy. Accessory uses may include pools and other recreational facilities, limited storage, restaurants, bars, meeting facilities, and offices.

(2) Examples Examples include campgrounds, hotels or motels, bed and breakfast inns, and bed and breakfasts.


(N) Warehouse and Freight Movement (1) Characteristics

The Warehouse and Freight Movement Use Category includes establishments that are involved in the storage or movement of goods for themselves or other firms or businesses. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present. Accessory uses include offices, truck fleet parking, and maintenance areas.

(2) Examples Example Use Types include separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; and parcel services.

(3) Exceptions (a) Contractor’s offices that do not include storage yards are classified as Offices. (b) Use Types that involve the transfer or storage of solid or liquid wastes are

classified as Waste-Related Services. (O) Waste-Related Services

(1) Characteristics The Waste-Related Services Use Category includes Use Types that receive solid or liquid waste from others for disposal on the site or for transfer to another location, uses that collect sanitary waste, or uses that manufacture or produce goods or energy from the composting of organic material or processing of scrap or waste material. This Use Category also includes Use Types that receive hazardous waste from others. Accessory uses may include recycling of materials, offices, and repackaging and transshipment of by-products.

(2) Examples Example Use Types include recycling and salvage centers, land-spreading of waste, sanitary landfills, tire disposal or recycling, waste composting, incinerators, energy recovery plants, salvage and junkyards, hazardous waste collection sites; and recycling drop-off centers.

(3) Exceptions Waste treatment plants and potable water treatment plants are classified as Utilities.

(P) Wholesale Sales (1) Characteristics

The Wholesale Sales Use Category includes firms involved in the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or taking of orders and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on-site or delivered to the customer. Accessory uses may include offices, product repair, warehouses, minor fabrication services, and repackaging of goods.

(2) Examples Examples include sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts, and building hardware.

(3) Exceptions (a) Firms that engage primarily in sales to the general public or on a membership

basis are classified as Retail Sales and Services. (b) Firms that are primarily storing goods with little on-site business activity are

classified as Warehouse and Freight Movement.


SECTION 4.3 USE-SPECIFIC STANDARDS

4.3.1 Residential Uses

(A) Household Living (1) Mobile Home Park

A mobile home park located in the Highway Commercial (CH) district shall comply with the following standards: (a) Site Area

A minimum of 10 acres in area. (b) Minimum Park Width

A minimum width of 400 feet. (c) Minimum Park Area

Include a minimum of 5,000 square feet for each mobile home unit. (d) Setback from Perimeter of Park

Setback of all development shall be a minimum of 35 feet from the perimeter of the park.

(e) Streets and Driveways Construct all streets and driveways using generally accepted engineering practices to allow proper drainage of the entire park, and safe and adequate access to each mobile home site. (i) Pavement Width

All streets shall have a minimum pavement width of 20 feet. (ii) ROW Width

In cases where streets in a Mobile Home Park are public, they shall be built to the standards for residential streets (see Section 7.3.1: Streets).

(f) Setback from Streets Setback all homes a minimum of 20 feet from all streets or access points, as measured from the right-of-way edge.

(g) Street Lighting Light all streets or driveways at night with electric lights providing a minimum illumination of two-tenths (0.2) foot-candles.

(h) Parking Not allow parking on any mobile home park access or circulation drive.

(i) Active Recreation Area Provide a minimum of 15 percent of the gross land area for active recreation uses, which will be credited against the open space set-aside standards of Section 6.10, Open Space Standards.

(j) Mobile Home Stands Locate each mobile home within the park on a stand that is: (i) A minimum of 3500 square feet in area. (ii) A minimum of 40 feet in width, on average. (iii) Clearly defined by permanent markers that physically delineate its location

within the park. (iv) Designed so each mobile home will be adequately supported and anchored

so as to comply with the state requirements for the anchoring of mobile homes.

(k) Spacing Between Mobile Home Stands Space each mobile home stand a minimum of 20 feet apart or as permitted by the Building Official.

(l) Mobile Home Skirt Surround each mobile home with a skirt or apron that is placed between the bottom of the unit and the ground. (The skirt or apron shall be adequately maintained by the owner of the mobile home.)


(m) State Regulations Meet all applicable state laws and regulations.

(n) Public Water and Wastewater Mobile home parks with densities over two (2) dwellings per acre are required to be served by public water and wastewater systems.

(2) Manufactured Home Dwelling A manufactured home dwelling shall comply with the following standards: (a) Permanent Foundation and Anchoring

Be placed on a permanent foundation and anchoring, consistent with the requirement of state law and the F.A.C., as amended.

(b) Permanently Enclose Underfloor Permanently enclose the underfloor area.

(c) Remove Transportation Equipment

Remove all transportation-related equipment. (d) Minimum Width of Unit

Not be less than 20 feet in width. (e) Minimum Roof Pitch; Minimum Distance, Eaves to Ridge

Design the pitch of the main roof to be not less than one (1) foot of rise for each four (4) feet of horizontal run and the minimum distance from eave to ridge to be one-half (1/2) of the minimum horizontal dimension.

(f) Roof Materials Be constructed with roof material that is similar in texture, color and appearance to that of single-family detached dwellings in the surrounding area.

(g) Roof Overhang Have a roof overhang on all sides of at least six (6) inches.

(h) Exterior Finish; Light Reflection Use materials for the exterior finish that are similar in texture, color, and materials to detached single-family dwellings in the surrounding area in which it is located, and are applied in such a manner as to make the dwelling similar in appearance with surrounding single-family detached dwellings. (Reflection shall not be greater than from siding coated with clear, white, gloss exterior enamel.)

(i) Single Family Detached Dwellings Shall comply with the orientation, building massing, building materials and architectural variability standards as per Section 4.3.1(A)(4), Single Family Detached Dwellings.

(3) Multiple Family Dwellings, Single-Family Attached Dwellings, Single Family Detached, Townhomes, and Two- to Four- Family Dwellings Multiple-family dwellings, single-family attached dwellings, townhomes, and two- to four- family dwellings shall comply with the following standards: (a) Permitted in the CG District as Affordable Housing

Single-family attached, townhouse, two- to four-family, or multiple-family dwelling units may be permitted within the RG zone district provided that they are part of a mixed use development, and provided that fifty percent (50%) or more of the dwelling units are deed-restricted affordable housing for low-income residents.

(b) Orientation of Buildings to Street and Open Space To the maximum extent practicable, be oriented to the street or frame open space.

(c) Building Adjacent to Single-family Detached Development (i) Not allow the height of buildings located within 100 feet of land in a single-

family residential district (RS-1, RS-2, and RS-3) to exceed two (2) stories. (ii) Not allow the height of buildings located within 100 feet of an existing single-

family attached development to exceed two (2) stories. (d) Design Features on Side Facades Adjacent to Single-family Districts or Single-

family Detached Development


When located adjacent to single-family detached development or vacant land in a single-family residential district (RS-1, RS-2, and RS-3), incorporate a minimum of two (2) design features (e.g., bay windows with a minimum 12-inch projection, eaves with a minimum 6-inch projection, or multiple windows with minimum 4-inch trim) on adjacent side facades.

(e) Off-street Parking for Townhouse and Multi-family Uses (i) Provide a minimum of 50 percent of off-street parking on the side or rear of

the building. (ii) Where off-street parking areas are located adjacent to a public right-of-way,

screen them with a completely opaque vegetative screen, fence or wall, a minimum of three (3) feet in height.

(f) Garages with Multi-family Buildings Design garages with multi-family development as side or rear entry, located on the side or rear of the building, except no side entry garage door shall face an adjacent single-family detached development, or vacant land in a single-family district (RS-1, RS-2, and RS-3).

(g) Garages with Single-family Attached, Townhomes, and Two-to Four- Family Dwellings In a single-family attached, townhouse, and two to four-family development: (i) Limit individual garage doors facing a street to no more than 10 feet in width

per door, with a maximum of two (2) doors facing the street per dwelling, with a minimum separation of two (2) feet between the doors.

(ii) Not allow more than two (2) garage doors to be located within a row, and each row be separated from any other garage door facing the street by a distance of 10 feet.

(iii) Design detached garages so as to be located at least four (4) feet behind the front façade of the principal structure. (For the purposes of measurement, the front façade will be the front façade plane that is furthest from the front lot line.)

(iv) Design attached garages: a. To be recessed at least two (2) feet behind the front façade of the living

area; b. Not to extend beyond the façade line of the living area if the garage is at

least three (3) feet behind a porch; or c. Not to extend beyond the living area of the unit if an upper story

overhangs the ground floor living area façade by at least two (2) feet. (h) Landscaped Buffer Adjacent to Single-family Detached Development

Provide a landscaped buffer adjacent to existing single-family detached development a minimum of 15 feet in width along the yard which the single-family detached development abuts.

(4) Single-family Detached Dwellings Single-family detached dwellings shall comply with the following standards: (a) Orientation

Be oriented so the primary entrances(s) face the street. (b) Building Massing

Incorporate wall off-sets, or articulations. (c) Building Materials

Not use metal siding and exposed smooth-finished concrete block for any building elevations.

(d) Architectural Variability in Developments with 8 or More Units If part of a subdivision is built after August 12, 2014, include a minimum of four distinctly different house designs within any one phase and not develop the same house design more than once every four (4) building lots on the same side of the street. For the purposes of this section, “distinctly different” means a home’s


elevation must differ from other homes elevations in at least four (4) of the following seven (7) ways: at least a two (2)-foot horizontal and/or vertical variation of the placement and/or size of all windows and doors on the front façade; the use of different surface materials; substantial variation in the location and/or proportion of garages and garage doors; variation in the width of the front façade by two (2) feet or more; the location and proportion of front porches; substantial variations in rooflines, pitches, and/or the angle of roof runs; or the use of roof dormers. Mirror images of the same configuration do not meet the definition of “distinctly different”.

(B) Group Living (1) Co-housing

Co-housing shall comply with the following standards: (a) Location of Use

Be located on the site of an active agriculture, horticulture, or animal husbandry operation.

(b) Minimum Dwelling Unit Size The minimum unit size must be at least 600 square feet.

(c) Residents Residents shall be employed on-site at an on-going agriculture, horticulture, or animal husbandry operation, during the occupancy of the unit.

(d) Number of Units The maximum number of units for sites 25 acres or less shall be six (6). An additional unit shall be allowed for each additional 15 acres, up to a total of 15 units.

(e) Sanitary and Bathing Facilities All dwellings shall have indoor sanitary and bathing facilities consistent with county and state regulations.

(f) Portable Dwellings Screened from View

If portable dwellings are used, they shall be screened from view from public roads and adjacent properties.

(g) Located on Internal Site Roads Units shall be located on internal site roads and shall not have direct access to public roads.

(h) Setback from Single-family Dwellings Be set back 300 feet from single-family detached dwellings that are not part of the on-going agriculture, horticulture, or animal husbandry operation with which it is associated.

(i) Buffering or Screening Be screened from public roads and adjacent single-family detached dwellings by solid, opaque fencing or landscaping.

(j) Parking Provide at least one (1) parking space for each unit.

(2) Community Residential Home A community residential home shall comply with the following standards: (a) General

(i) Not be occupied by a person who would constitute a direct threat to the health and safety of other persons.

(ii) Not locate an off-street parking area closer than 25 feet to any boundary line of the property.

(iii) Comply with all relevant state laws and regulations. (b) Community Residential Home, Six or Fewer Residents

Community residential homes of six or fewer residents shall not be located within a radius of 1,000 feet of another such home with six (6) or fewer residents


(measured from the nearest point of the existing home to the nearest point of the proposed home).

(c) Community Residential Home, Seven to Fourteen Residents Community Residential Home of seven (7) to 14 residents shall not be located within a radius of 1,200 feet of another existing community residential home of seven (7) to 14 residents (measured from the nearest point of the existing home to the nearest point of the proposed home).

(3) Dormitory (a) General

All dormitories, except those developed on the site of an on-going agriculture, horticulture, or animal husbandry operation shall comply with the following standards: (i) Be accessory to a training facility or school located on the same site; or (ii) House only persons who are students at or employees of the training facility

or school. (b) Dormitories Part of Agriculture, Horticulture, or Animal Husbandry

A dormitory developed on the site of an on-going agriculture, horticulture, or animal husbandry operation shall comply with the following standards. (i) Residents shall be employed on-site at an on-going agriculture, horticulture,

or animal husbandry operation during the occupancy of the unit. (ii) The maximum number of beds for sites 25 acres or less shall be 10. A bed

shall be allowed for each additional five (5) acres, up to a total of 25 beds. (iii) Have indoor sanitary and bathing facilities consistent with county and state

regulations. (iv) If portable buildings are used, screen them from view from public roads and

adjacent properties. (v) Be located on internal site roads and not have direct access to public roads. (vi) Be set back 300 feet from single-family detached dwellings that are not part

of the on-going agriculture, horticulture, or animal husbandry operation with which it is associated.

(vii) Be screened from public roads and adjacent single-family detached dwellings by solid, opaque fencing or landscaping.

(viii) Provide one (1) parking space for every three (3) beds.

4.3.2 Public and Institutional Use

(A) Community Services Community services uses shall comply with the following standards: (1) Adjacent to Single-family Detached Development or in Residential District

(a) Adjacent to Single-family Development If adjacent to existing single-family detached development, not allow the height of buildings to exceed the greater of two (2) stories or 180 percent of the average height of the adjacent single-family development.

(b) In Single-family Residential Districts If in single-family residential districts (RS-1, RS-2, and RS-3), not allow the height of buildings to exceed the greater of two (2) stories or 130 percent of the maximum height allowed for single-family detached dwellings in the district.

(2) Landscaped Buffer Adjacent to Single-family Detached Development If adjacent to existing single-family detached development, provide a landscaped buffer, a minimum of 15 feet in width along the yard which the single-family detached development abuts.

(3) Off-street Parking


Where off-street parking areas are located adjacent to a public right-of-way, such areas shall be screened using vegetative material and/or fencing a minimum of three (3) feet in height.

(B) Day Care (1) Child Day Care Center; Overnight Child Care Center

In addition to requirements of the State of Florida, Department of Children and Families, a child day care center and overnight child care center shall comply with the following standards: (a) Outdoor Play Areas

Outdoor play areas shall: (i) Be a minimum of 75 square feet per child on the site. (ii) Include a fence at least three and one half (3½) feet in height that completely

encloses the play area, that is designed so all persons entering the play area are within direct line of sight from the child care center classroom areas.

(iii) Not locate play equipment within the required yard setback of any district. (iv) Be safely segregated from parking, loading, or service areas.

(b) Parking Area, Vehicular Circulation, and Drop-off and Pick-up Design parking areas and vehicular circulation patterns to: (i) Enhance the safety of children as they arrive at and leave the facility. (ii) Include a designated pickup and delivery area, providing at a minimum one

(1) parking space per 20 children, that is located adjacent to the child care structure in such a way that children do not have to cross vehicular travel ways to enter or exit the center.

(c) Registration Register with the City.

(d) Outdoor Play Activities Not conduct outdoor play activities after 8 p.m.

(e) Located on Site of Religious Institution

If located on the site of a religious institution, be allowed as an accessory use only if designed and located to be compatible with adjacent land uses in terms of hours of operation, noise, lighting, parking, and similar considerations, and not cause significant traffic impacts.

(f) Adjacent to Single-family Development Where adjacent to existing single-family detached development, not allow the height of buildings exceed the greater of two (2) stories or 180 percent of the average height of the adjacent single-family development.

(g) Comply with State and County Requirements Comply with all relevant state and county requirements.

(h) Accessory Uses May be permitted as an accessory to another Retail Sales and Service, shopping center, or Office use, but shall not exceed 20 percent of floor area of the principal use.

(C) Educational Facilities (1) School and Vocational School

Any school or vocational school proposed within a residential district on a site or parcel of two (2) acres in size or smaller shall comply with the following standards: (a) Conditional Use Permit

Obtain a Conditional Use Permit consistent with Section 2.4.4, Conditional Use Permit.

(b) Front Arterial or Collector Be located on a parcel or site which fronts an arterial or collector road.

(c) Temporary Structures If temporary structures are needed for expansion space:


(i) They shall not be located between the principal building and any abutting right-of-way. (An exception to this standard shall be considered where there is no other practical alternative due to topography, presence of utilities or easements, existence of undisturbed open space and buffers, or other site features that are beyond the applicant’s control.)

(ii) Provide screening material in the immediate vicinity of each temporary structure in order to screen the base of the structures from the view of other lands and public streets.

(d) Adjacent to Single-family Development (i) Where adjacent to existing single-family detached development, not allow the

height of buildings to exceed the greater of two (2) stories or 180 percent of the average height of adjacent single-family development.

(ii) Where adjacent to single-family districts (RS-1, RS-2, and RS-3), not allow the height of buildings to exceed the greater of two (2) stories or 130 percent of the maximum height allowed for single-family detached development in the district.

(e) Landscaped Buffer Provide a landscaped buffer a minimum of 15 feet in width along the yard(s) adjacent to the lands in residential districts or lands on which there is existing single-family detached development.

(D) Government Facilities Government facilities shall comply with the following standards: (1) Adjacent to Single-family Detached Development or in Residential District

(a) Adjacent to single-family development If adjacent to existing single-family detached development, not allow the height of buildings to exceed the greater of two (2) stories or 180 percent of the average height of the adjacent single-family detached development.

(b) In Single-family Residential Districts If in single-family residential districts (RS-1, RS-2, and RS-3), not to exceed the greater of two (2) stories or 130 percent of the maximum height allowed for single-family detached dwellings in the district.

(2) Landscaped Buffer Adjacent to Single-family Detached Development If adjacent to existing single-family detached development, provide a landscaped buffer, a minimum of 15 feet in width along the yard which the single-family detached development abuts.

(3) Off-street Parking Where off-street parking areas are located adjacent to a public right-of-way, such areas shall be screened using vegetative material and/or fencing a minimum of three (3) feet in height in accordance with the standards in Section 6.1.6(D), Landscaping and Screening. Any vegetative screening must grow to the minimum required height within three (3) years of planting.

(E) Health Care Facilities (1) Hospital

A hospital shall comply with the following standards: (a) Area

Be located on a lot a minimum of five (5) acres in area. (b) Location on Arterial or Collector Road

Be located on an arterial or collector road. (c) Public Water and Wastewater

Be served by a public water and wastewater system. (d) Setbacks

Set back principal structures and uses from property boundaries a minimum of 100 feet.

(e) Landscaped Buffer When Adjacent to Single-family Residential Development


Provide a landscaped buffer a minimum of 15 feet in width along the yard(s) adjacent to lands in single-family residential districts (RS-1, RS-2, and RS-3) or lands on which there is existing single-family detached development.

(2) Outpatient Facility An outpatient facility shall comply with the following standards: (a) Landscaped Buffer When Adjacent To Single-Family Residential Development

If located in other than a CG district, provide a landscaped buffer a minimum of 15 feet in width along the yard(s) adjacent to existing single-family detached development.

(b) Located in RIO, CBD, and CN districts If located in the RIO, CBD and CN districts: (i) Be small-scale (gross floor area not exceeding 3,000 square feet). (ii) Design visitor and patient activities associated with the use so as to be

compatible with surrounding uses. (c) Height Requirement

Shall limit height of the facility to two stories (30 feet) if it is located within 100 feet of lands used by or intended for single family residential development.

(F) Institutions (1) Auditoriums and Convention Centers

Auditoriums and convention centers shall comply with the following standards: (a) Distance From Residential Districts

Be located a minimum of 500 feet from any residential district, measured from all property lines.

(b) Lot area Be no less than five (5) acres in area.

(c) Frontage Provide a minimum of 500 feet of frontage on an arterial road, at the point of access.

(d) Vehicular Access

Locate all points of vehicular access from an arterial road. The access points shall be located to minimize vehicular traffic to and through local streets in residential areas.

(e) Safety Fences Provide safety fences up to a height of six (6) feet directly adjacent to any residential uses.

(2) Religious Institutions Religious institutions shall comply with the following standards: (a) Child Day Care Or Overnight Child Care Center

Design any child day care center or overnight child care center associated with the religious institution to comply with the standards of Section 4.3.2(B)(1), Child Day Care, Overnight Child Care Center.

(b) Access Have access onto a public road.

(c) Landscaped Buffer When Adjacent to Single-Family Residential Development

Provide a landscaped buffer a minimum of 15 feet in width along the yard(s) adjacent to lands in single-family residential districts (RS-1, RS-2, and RS-3) or lands on which there is existing single-family detached development.

(d) Modification of Standards The Community Development Director shall have the authority to grant modifications to any of the standards listed in this Section in order to eliminate a substantial burden on religious exercise as guaranteed by the federal Religious Land Use and Institutionalized Persons Act of 2000 (42 U.S.C. Sec. 2000), as amended. In granting such a modification, the Community Development Director may require conditions consistent with the federal act that will secure


substantially the objectives of the modified standard and that will substantially mitigate any potential adverse impact on the environment or on adjacent properties.

(e) Adjacent to Single-family Detached Development or in Residential District (i) Adjacent to Single-family Development

If adjacent to existing single-family detached development, not allow the height of buildings to exceed the greater of two (2) stories or 180 percent of the average height of the adjacent single-family detached development.

(ii) In Single-family Residential Districts If in single-family residential districts (RS-1, RS-2, and RS-3), not to exceed the greater of two (2) stories or 130 percent of the maximum height allowed for single-family detached dwellings in the district.

(G) Public Safety Public safety uses shall comply with the following standards: (1) Adjacent To Single-Family Detached Development or in Residential District

(a) Adjacent To Single-Family Residential Districts If adjacent to single-family residential districts (RS-1, RS-2, and RS-3), not to exceed the greater of two (2) stories or 130 percent of the maximum height allowed for single-family detached dwellings in the district.

(b) Adjacent To Single-Family Development If adjacent to existing single-family detached development, not allow the height of buildings to exceed the greater of two (2) stories or 180 percent of the average height of the adjacent single-family development.

(2) Landscaped Buffer Adjacent To Single-Family Detached Development If adjacent to existing single-family detached development, provide a landscaped buffer, a minimum of 15 feet in width along the yard which the single-family detached development abuts.

(H) Utilities (1) Wireless Communication Tower, and/or Antenna, Freestanding; Wireless

Communication Antenna, Collocation on Existing Tower; Wireless Communication Antenna, Placement on Existing Business Use or Multi-Family Building (a) Purpose and Intent

The purpose of this Section is to establish general standards for the siting of wireless communications towers and antennas. The intent is to: (i) Protect residential areas and land uses from potential adverse impacts of

towers and antennas. No wireless communication towers shall be located in the RS-1, RS-2, RS-3, RG-1, RG-2 and RIO zone districts.

(ii) Encourage the location of towers in non-residential areas. (iii) Minimize the total number of towers throughout the City. (iv) Strongly encourage the joint use of new and existing tower sites as a primary

option rather than construction of additional single-use towers. (v) Encourage users of towers and antennas to locate them, to the extent

possible, in areas where the adverse impact on the community is minimal. (vi) Encourage users of towers and antennas to configure them in a way that

minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques.

(vii) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.

(viii) Consider the public health and safety concerns of communication towers. (ix) Avoid potential damage to adjacent properties from tower failure through

engineering and careful siting of tower structures. (b) Applicability


(i) All new towers or antennas shall be subject to these standards, unless exempted pursuant to Section 4.3.2(H)(1)(c), Exemptions.

(ii) For the purposes of this Section, an AM array, consisting of one (1) or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one (1) tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

(iii) Towers and antennas may be considered either principal or accessory uses, based upon whether they should be characterized as an accessory or principal use pursuant to Section 4.4, Accessory Uses and Structures.

(iv) Lot area of the tower and antenna use shall be based on the dimensions of the entire lot, even though the tower or antenna may be located on leased parcels within the lot.

(v) For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the City irrespective of City and county jurisdictional boundaries.

(vi) Towers and antennas shall not be regulated or permitted as essential services, public utilities, or private utilities.

(c) Exemptions The following towers and antenna are exempt from the standards of this Section. They are subject to all other applicable procedures and standards of these LDRs. (i) A tower, or the installation of an antenna, that is under 70 feet in height and

owned and operated by a federally-licensed amateur radio station operator or used exclusively for receive-only antennas.

(ii) Towers and antennas that have an approved building permit or conditional use permit prior to August 12, 2014, so long as the permit is current and has not expired. These towers and antenna shall: a. Not be artificially lighted, unless required by the FAA or other applicable

authority, and if lighting is required, the lighting alternatives and design shall cause the least disturbance to surrounding views; and

b. Demonstrate that all franchises required by law for the construction and/or operation of a tower or antenna have been obtained.

4.3.3 Agricultural Uses

(A) Agriculture Support (Directly Related) (1) Agriculture Support (Directly Related)

Agriculture support (directly-related) uses shall comply with the following standards: (a) Intensity/Character

(i) Be allowed only in direct association with an on-going agriculture, horticulture, or animal husbandry use or activity.

(ii) Be at least one (1) acre in area. (iii) Operate only between the hours of 6:00 a.m. and 9:00 p.m. (iv) Be operated or maintained by the owner or occupant of the land upon which

the primary associated agriculture, horticulture, or animal husbandry use is being conducted.

(b) Location on Site/Dimensional Standards Setback structures or storage yards from adjacent single-family residential development, as follows:


TABLE 4.3-1: SITE/DIMENSIONAL STANDARDS FOR

AGRICULTURAL USES

LOT AREA (MIN)

SETBACK FROM

LOT LINES

SETBACK FROM ADJACENT

SINGLE-FAMILY

RESIDENTIAL LOT LINES

1 to 3 acres 50 ft. 75 ft.

>3 acres 75 ft. 100 ft.

(c) Landscaped Buffer Adjacent To Single-Family Residential Development

If adjacent to existing single-family development: (i) Provide a landscaped buffer a minimum of 15 feet in width along the yard

which the single family development abuts. (ii) Screen all storage yards from view of the single-family residential

development. (d) Access

Not allow a vehicle access route to be located within a required landscaped buffer area, except where necessary to access the site.

(e) Hazardous Chemicals, Pesticide Use Prohibit the use and application of herbicides, pesticides, and potentially hazardous chemicals and substances such as paints and solvents within any required single-family residential buffer.

(f) Parking Provide gravel or other dust-minimizing surfacing material for all parking areas within 300 feet of a residential development.

(2) Agricultural Processing No building or structure used for the housing or processing of animals at an agricultural processing facility shall be located within 300 feet of any lot line.

(3) Direct Market Business, Produce Stands A direct market business or produce stand shall comply with the following standards: (a) Not exceed 750 square feet

Not exceed 750 square feet in area. (b) Retail sales

Be for the retail sale of agriculture and horticulture products. (c) Safe ingress and egress

Be located and designed to provide customers safe ingress and egress from the road.

(d) Height Not exceed 15 feet in height.

(e) Off-street Parking Provide safe and adequate off-street parking for customers.

(4) Nursery, Commercial and Production Any outside storage of equipment or vehicles associated with a nursery use (either commercial or production) shall be completely screened from off-site view by buildings and/or fencing with landscaping on the outside of the fencing.

(5) Sawmill Sawmills shall comply with the following standards: (a) Area

Be located on a lot at least 2 acres in area. (b) Height

Not exceed 60 feet in height. (c) Access


Have direct access onto a paved public road. (d) Safe Ingress And Egress

Be located and designed to provide customers safe ingress and egress from the public road.

(e) Off-street Parking Provide safe and adequate off-street parking for customers.

(f) Setback From Residential Development Be set back a minimum of 300 feet from existing residential development and residential zone districts.

(g) Adjacent To Residential Development If adjacent to existing residential development or a residential zone district, provide a landscaped buffer a minimum of 15 feet in width along the yard which the residential development or residential district abuts.

(6) Stable No building used for housing animals at a stable shall be located within 300 feet of a lot line.

(B) Agriculture Support (Not Directly Related) (1) Agricultural Research Facility; Central Farm Distribution

Agricultural research facility and central farm distribution uses shall comply with the following standards: (a) Access

Have direct access onto a collector or arterial road. (b) Adjacent To Single-Family Detached Development Or In Residential District

(i) If adjacent to existing single-family detached development, not allow the height of buildings to exceed the greater of two (2) stories or 180 percent of the average height of the adjacent single-family detached development.

(ii) If adjacent to single-family residential districts (RS-1, RS-2, and RS-3), not to exceed the greater of two (2) stories or 130 percent of the maximum height allowed for single-family detached dwellings in the district.

(c) Landscaped Buffer Adjacent To Single-Family Detached Development If adjacent to existing single-family detached development, provide a landscaped buffer a minimum of 15 feet in width along the yard which the single-family detached development abuts.

(d) Off-Street Parking Where off-street parking areas are located adjacent to a public right-of-way, screen them with a complete screen, a minimum of three (3) feet in height, achieved within three (3) years.

(2) Equestrian Facility No building used for housing of animals at an equestrian facility shall be located within 300 feet of any lot line.

(3) Stable No building used for housing of animals at a stable shall be located within 50 feet of any lot line.

(C) Animal Sales, Service, and Care (1) Animal Hospital

Animal hospitals shall comply with the following standards. (a) Kennels

Not maintain kennels outside the principal building except in the OUA District. Inside the district, no kennel shall be located within 125 feet of any lot line.

(b) Adjacent To Single-Family Detached Development Or In Residential District (i) If adjacent to single-family residential districts (RS-1, RS-3, and RS-3), not to

exceed two (2) stories or 130 percent of the maximum height allowed for single-family detached dwellings in the district.


(ii) If adjacent to existing single-family detached development, not allow the height of buildings to exceed two (2) stories or 180 percent of the average height of the adjacent single-family development.

(c) Open Runs No open runs or pens used for housing of animals at an animal shelter shall be located within 125 feet of any lot line.

(d) Landscaped Buffer Adjacent To Single-Family Detached Development If adjacent to existing single-family detached development, provide a landscaped buffer, a minimum of 15 feet in width along the yard which the single-family detached development abuts.

(e) Incinerators Any incinerators included as an accessory use shall require approval through a Conditional Use permit.

(2) Animal Shelter Animal shelters shall comply with the following standards: (a) Open Runs and Pens

No open runs or pens used for housing of animals at an animal shelter shall be located within 125 feet of any lot line.

(b) Incinerators Any incinerators included as an accessory use shall require approval through a Conditional Use permit.

(3) Kennel/Indoor An indoor kennel shall comply with the following standards: (a) No Unreasonable Noise or Odor

Be sufficiently insulated so no unreasonable noise or odor can be detected off-premises.

(b) Adjacent to Single-Family Detached Development or in Residential District (i) If adjacent to single-family residential districts (RS-1, RS-3, and RS-3), not to



(c) Accessory Uses Accessory uses to an indoor kennel may include retail sales, veterinary service, and grooming services, as long as the accessory uses do not include more than 25 percent of the total gross floor area.

(4) Kennel/Outdoor An outdoor kennel shall comply with the following standards: (a) Buildings and Open Runs

Not locate open runs or buildings used for housing of animals within 125 feet of any lot line.

(b) Adjacent to Single-Family Detached Development or in Residential District

(i) If adjacent to single-family residential districts (RS-1, RS-2, and RS-3), not to exceed two (2) stories or 130 percent of the maximum height allowed for single-family detached dwellings in the district.


(c) Landscaped Buffer Adjacent to Single-family Detached Development If adjacent to existing single-family detached development, provide a landscaped buffer a minimum of 15 feet in width along the yard which the single-family detached development abuts.


(d) Accessory Uses Accessory uses to an outdoor kennel may include retail sales, veterinary service, and grooming services, as long as the accessory uses do not include more than 25 percent of the total gross floor area.

(5) Veterinary Clinic Veterinary clinics shall comply with the following standards: (a) Kennels

Maintain no kennels outside the principal building. (b) Buildings

Insulate and soundproof the structure in order to minimize all loud noises that might disturb persons on adjacent properties.

(c) No Open Runs Provide no open runs

(d) Adjacent to Single-family Detached Development or in Residential District (i) If adjacent to single-family residential districts (RS-1, RS-2, and RS-3), not to



(e) Landscaped Buffer Adjacent to Single-family Detached Development If adjacent to existing single-family detached development, provide a landscaped buffer a minimum of 15 feet in width along the yard which the single-family detached development abuts.

4.3.4 Business Uses

(A) Eating Establishments (1) Restaurants with Outdoor Seating

Restaurants having outdoor seating (included but not limited to seating for dining or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply with the following standards: (a) Setback from Residential District:

The outdoor seating area shall be located no closer than 100 feet from any residential zone district or use.

(b) No Obstruction of Pedestrian Movement The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use.

(c) Compatibility and Compliance with Building Codes and State Regulations In approving the use, the City may impose conditions relating to the location, configuration, and operational aspects of such outdoor seating area to ensure its compatibility with surrounding uses, its architectural consistency with the restaurant, and its compliance with the City’s building codes and ordinances, including noise, and all relevant state laws and regulations.

(d) Hours of Operation For restaurants with outdoor seating adjacent to or within 100 feet of a residential district, the following hours of operation requirements for the outdoor seating areas shall apply: (i) Week Nights

Service to outdoor seating areas will end at 10:00 p.m. on week nights. (ii) Weekend Nights

Service to outdoor seating areas will end at 11:00 p.m. on weekend nights.

(2) Restaurants with Drive-Through or Drive-In service (a) Off-street Parking and Loading


All principal uses with drive-through or drive-in services shall comply with all applicable standards governing vehicle-stacking areas and drive-in facilities set forth in Section 6.1.4, Off-street Parking Standards.

(b) Transitional Use Area Requirement When such use is located within a CG or ILW district which adjoins a residential district, and is located upon the same frontage as the residential district without an intervening street, drive-thru or drive-ins may not be closer than 100 feet from the residential district boundary line.

(B) Conference and Training Centers (1) Conference Center

Conference and training centers shall comply with the following standards. (a) Accessory Uses

Dining and banquet facilities may be provided for employees, trainees, and conferees. The banquet and dining facilities shall not exceed 20 percent of the total area of the principle permitted structure.

(b) No Products Sold On-Site No products shall be sold on-site, except those that are clearly incidental and integral to the training programs and seminars. (Shirts, glasses, golf equipment, pens and pencils, mugs and similar items with the logo of the company or firm conducting or sponsoring the conference or seminars are considered incidental and integral to the training program.)

(c) On-Site Recreation Facilities On-site recreation facilities may be used solely by employees, trainees, or conferees.

(2) Rural Agricultural Corporate Retreat A rural agricultural corporate retreat shall comply with the following standards. (a) Area

Be at least 50 acres in area. (b) Setbacks

Set back buildings, active recreational areas, parking, and lighted areas 100 feet from adjacent properties.

(c) Open Space Set aside a minimum of 60 percent of the site as open space. Recreational uses customarily incidental and subordinate to the use are permitted in the open space and may include: swimming pools and related facilities, boating facilities, tennis and other sports courts, equestrian facilities, picnic areas, golf courses and related facilities, ball fields, children’s play equipment and passive recreation facilities. Driveways and parking areas supporting these recreational facilities may also be located in the open space.

(C) Industrial Services (1) Electric Motor Repair; Machine Shop; Tool Repair

Electric motor repair, machine shops, and tool repair uses shall comply with the following standards. (a) Minimum Separation

Lots shall be located at least 250 feet from schools, day care centers, residential uses, or vacant land in residential zone districts.

(b) Lighting Design and arrange all lights and lighting so no source of light shall be visible from any residential district.

(c) Enclosure Repair and store all machines within an enclosed building. Temporary storage may be allowed in an outdoor storage area that shall be no larger than 25 percent of the total lot area. Such area shall be located to the rear of the


principal structure and screened. The height of materials and equipment stored shall not exceed the height of the screening fence or wall.

(2) Heavy Equipment Sales, Rental, or Repair Heavy equipment sales, rental, or repair shall comply with the following standards: (a) Minimum Separation


(b) Displays Outside Setbacks And Buffers Not locate heavy equipment displays within a required setback or buffer.

(c) Vehicle Display Pad Not have more than one (1) heavy equipment display area for every 100 feet of street frontage.

(d) Not Display On Top Of Building

Not place a heavy equipment display on top of a building. (e) Landscaping

Landscape front building and sideyard setback areas in accordance with Section 6.2.2: Landscaping Standards to provide a buffer between the right-of-way and heavy equipment sales storage areas. Landscape side yard setbacks if the side yard abuts a public right-of-way.

(3) Laundry, Dry Cleaning, and Carpet Cleaning Facilities Laundry, dry cleaning, and carpet cleaning facilities shall comply with the following standards. (a) Minimum Separation


(b) Enclosure Be within an enclosed building.

(c) Nonflammable Enclosure Use nonflammable liquids in the cleaning processes that emit no odor, fumes, or steam detectable to normal senses from off the premises.

(d) Hazardous Materials Dispose of hazardous materials in accordance with state requirements.

(D) Manufacturing and Production (1) Manufacturing, Heavy

Heavy manufacturing uses shall comply with the following standards: (a) Minimum Separation


(b) Screen Outdoor Storage Areas Screen from view from the public right-of-way and all adjacent parcels except those on which heavy manufacturing uses are located, all outdoor storage areas with a solid (100 percent opaque) fence or masonry wall at least eight (8) feet in height.

(c) On-Site Circulation

Be designed to ensure proper functioning of the on-site transportation circulation system.

(d) Access Have direct access onto an arterial or major collector road.

(E) Parking, Commercial (1) Parking Lot

A commercial parking lot use shall comply with the following standards: (a) Principal Use


Be the principal use. Parking spaces may be rented for parking. No other business of any kind shall be conducted on the lot, including repair service, washing, display or storage of vehicles or other goods.

(b) Location Not be contiguous to lands in the residential districts.

(c) Frontage Limited Limit street frontage in the CG and CBD districts to 100 feet.

(2) Parking Structure A parking structure shall comply with the following standards: (a) General

Be the principal use. Parking spaces may be rented for parking. (b) Not Located Contiguous To Single Family

Not be located contiguous to single family residential districts (RS-1, RS-2, and RS-3), or existing single family attached or detached development.

(c) Parking Structure In CBD District A parking structure in the CBD district shall have retail or office uses on the bottom floor across the entire width of street frontage, except for required entrances and the attendant station.

(F) Recreation/Entertainment, Outdoor (1) Arena, Stadium

All arena or stadium shall comply with the following standards: (a) Minimum Separation

Lots shall be located at least 500 feet from day care centers, residential uses, or vacant land in residential zone districts.

(b) Lot Area Be at least five (5) acres in area.

(c) Frontage Have a minimum of 600 feet of frontage on an arterial road, at the primary point of access.

(d) Vehicular Access Locate access points to minimize vehicular traffic to and through local streets in residential neighborhoods.

(e) Safety Fences Provide safety fences up to a height of six (6) feet, if necessary to protect the general health, safety and welfare.

(G) Retail Sales and Services Retail sales and services uses located in a single-tenant building of 20,000 square feet size or larger shall comply with the standards in Section 6.6, Large Retail Design Standards, as well as the standards in this section. (1) Bar, Nightclub, or Cocktail Lounge

A bar, nightclub, or cocktail lounge shall comply with the following standards: (a) General Provisions

Not have a drive-up window, or outdoor area for seating for live or recorded acoustic or amplified entertainment, unless such feature is approved as part of a Conditional Use permit (Section 2.4.4: Conditional Use Permit).

(b) Outdoor Activities as Part of a Conditional Use Permit Have a drive-up window or other outdoor area, comply with the following standards: (i) Locate the use no closer than 100 feet from any residential zone district or

use. (ii) Design and locate the drive-up window or outdoor area so as not to obstruct

the movement of pedestrians along sidewalks or through areas intended for public use.

(iii) Limit the serving of food and beverages to the outdoor area.


(iv) In approving the use, the City may impose conditions relating to the location, configuration, and operational aspects of the drive-in window or outdoor area to ensure its compatibility with surrounding uses, its architectural consistency with the principal use, and its compliance with the City’s building codes and all relevant state laws and regulations.

(c) Transitional Use Area Requirement When such use is located within a CG or ILW district which adjoins a residential district, and is located upon the same frontage as the residential district without an intervening street, such uses and any associated accessory or incidental structures shall not be closer than 100 feet from the residential district boundary line.

(2) Convenience Store Convenience stores shall comply with the following: (a) Roofs

A convenience store with and without gasoline sales shall have shingled, standing seam metal or tiled roofs. Flat roofs are prohibited.

(b) Architectural Uniformity The exterior facades of all structures shall receive uniform architectural treatment, including masonry, stucco, and painting of surfaces. The colors selected shall be compatible with the character of the neighborhood.

(3) Drug Store or Pharmacy (stand-alone) Drive-through facilities associated with drug stores or pharmacies shall comply with the following standards: (a) Canopies

Have pitch-roofs at an angle to closely approximate the roof found on the primary building.

(b) Drive Through Locations Be situated to the side and preferably to the rear of the primary building.

(c) Prohibited Drive-through facilities shall not be located within the CN or CBD districts.

(4) Financial Institution Drive-through facilities associated with a financial institution shall comply with the following standards: (a) Canopies

Have pitch-roofs at an angle to closely approximate the roof found on the primary building.

(b) Drive Through Locations Be situated to the side and preferably to the rear of the primary building.

(c) Prohibited Drive-through facilities shall not be included with financial institutions located within the CN districts.

(d) Stand-alone ATM In no instance shall a stand-alone ATM be considered a financial institution.

(5) Laundromat (a) Windows and Doors

A laundromat shall be designed to ensure the windows and doors on the front and sides of the building shall be consistent and compatible in size and number with surrounding land uses.

(b) Vents All vents shall be screened from off-site views, and shall be directed away from public areas.


(6) Personal Service Establishment Personal service establishments in the CN district shall comply with the following standards. (a) Floor Area

Have floor areas of an individual establishment that do not exceed 3,000 square feet in area.

(b) Enclosed Building Conduct the business activities of the establishment within an enclosed building, with no more than 20 percent of the floor area devoted to storage.

(c) Retail Sales Only

Sell products only as retail.

(7) Large-scale Retail Establishments Large-scale retail establishments shall comply with the following standards: (a) Design Standards

All Large-scale Retail Establishments shall comply with the design standards in Section 6.6, Large Retail (Big Box) Design Standards.

(b) Large-scale Retail Establishments of Greater Than or Equal to 45,000 Square Feet of Gross Floor Area (i) Large-scale Retail Establishments of greater than or equal to 45,000 square

feet of gross floor area shall be Conditional Uses in the CG zoning districts. (ii) As part of the application for Conditional Use, a market and impact study

shall be submitted. The study shall be based upon an agreed upon methodology utilizing commonly accepted data sources. Data are to be taken from professionally accepted existing sources, such as the United States Census, State Data Center, State University System of Florida, regional planning councils, water management districts, or existing technical studies. The data used shall be the best available existing data. Where data augmentation, updates, or special studies or surveys are deemed necessary by City, appropriate methodologies shall be clearly described or referenced and shall meet professionally accepted standards for such methodologies.

(iii) At a minimum the market and impact study shall include: a. Inventory of local retail base b. Assess market areas and market impacts c. Services and capital expenditures: Calculate cost of infrastructure &

utilities (i.e., streets, sewer connections, water lines, etc.) d. Traffic and other service impacts e. Calculate the cost of associated economic development incentives (e.g.,

tax credits) f. Inventory locations of competing retailers g. Assess impact on existing local retailers, with focus on the downtown

area. (H) Self Service Storage

Self-service storage shall comply with the following standards: (1) Commercial Uses Permitted On Site

The only commercial uses permitted on site shall be the rental of storage bays and the pickup and deposit of goods or property in storage bays. Storage bays shall not be used to manufacture, fabricate or process goods; service or repair vehicles, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial, industrial, or recreational activity on the site.


(2) Security Or Caretaker Quarters One (1) security or caretaker quarters may be developed on the site.

(3) Not Legal Address Individual storage bays or private postal boxes within a self-service storage facility use shall not be considered premises for the purpose of assigning a legal address.

(4) Enclosed Buildings Except as provided in this subsection, all property stored on the site shall be entirely within enclosed buildings.

(5) Open Storage Of Recreational Vehicles And Dry Storage Of Boats Open storage of recreational vehicles and dry storage of boats of the type customarily maintained by persons for their personal use shall be permitted within a self-service storage facility use, provided that the following standards are met: (a) Designated Area

The storage shall occur only within a designated area. The designated area shall be clearly delineated.

(b) Area The storage area shall not exceed 25 percent of the buildable area of the site.

(c) Screening The storage area shall be entirely screened from view from adjacent residential areas and public roads by a building and/or solid fencing with landscaping on the outside of the fence.

(d) Not Within Setbacks Storage shall not occur within the area set aside for minimum building setbacks.

(e) No Dry Stacking Of Boats No dry stacking of boats shall be permitted on site.

(f) No Vehicle Maintenance, Washing, Or Repair No vehicle maintenance, washing, or repair shall be permitted.

(6) Lot Area The minimum lot area shall be three (3) acres.

(7) Minimum Separation Between Buildings If separate buildings are constructed, there shall be a minimum separation of 10 feet between buildings.

(8) Height With the exception of a structure used as a security or caretaker quarters, the maximum height of a self-service storage facility shall be 30 feet. In addition, a parapet wall shall be constructed to screen roof-mounted heating and air conditioning and other equipment, if any. The combined height of the building and the parapet wall shall not exceed 35 feet.

(9) On-site circulation (a) Interior Parking

Interior parking shall be provided in the form of aisleways adjacent to the storage bays. These aisleways shall be used both for circulation and temporary customer parking while using storage bays. The minimum width of these aisleways shall be 21 feet if only one-way traffic is permitted, and 30 feet if two-way traffic is permitted.

(b) Mark Traffic Flow Patterns The one- or two-way traffic flow patterns in aisleways shall be clearly marked. Marking shall consist at a minimum of use of standard directional signage and painted lane markings with arrows.

(c) Circulation of Vehicles and Emergency Equipment Appropriate access and circulation by vehicles and emergency equipment shall be ensured through the design of internal turning radii of aisleways.

(10) Lighting


Outdoor lighting shall be the minimum necessary to discourage vandalism and theft. Outdoor lighting shall not trespass the site.

(11) Storage Bay Doors Storage bay doors shall not face any abutting property located in a residential district, nor shall they be visible from any public road, unless screened from view.

(12) Hours of Operation For storage uses developed after the adoption of this code (insert date) all hours of public access to a self-storage use adjacent to existing residential development or a residential zone district shall be restricted to between 6:00 a.m. to 10:00 p.m.

(13) Architectural Uniformity The exterior facades of all structures shall receive uniform architectural treatment, including masonry, stucco, and painting of surfaces. The colors selected shall be compatible with the character of the neighborhood.

(I) Sexually-Oriented Business In order to provide clear and consistent, content-neutral regulations for sexually oriented businesses, the standards in this Section govern the placement and design of sexually-oriented businesses. These standards are based on the adverse secondary effects associated with sexually-oriented businesses, while recognizing the rights of citizens to obtain constitutionally protected speech guaranteed under the First Amendment. All sexually-oriented business may only be located in Commercial General Zone district, and on US 98 By-Pass. (1) General Standards for All Sexually-Oriented Businesses

(a) Separation from School (i) All sexually-oriented businesses shall comply with the provisions of Section

847.0134, Florida Statutes, which prohibits the location of sexually-oriented businesses displaying, selling, or distributing materials harmful to minors within 2,500 feet from a school, unless the City Commission approves the location under proceedings provided in Section 166.041(3)(c), Florida Statutes. The City shall notify the principal of any school that could be affected by the exception request and the School Board of Pasco County whenever an exception to Section 847.0134, Florida Statutes is requested.

(ii) The separation standards from a school shall apply only if one (1) or more of the following applies: a. If it is a public school; b. The school has been in operation at the same location for one (1) year or

more; or c. The location at which the school is now operating is owned by the

organization operating the school or its parent organization. (b) When Separation Standards from Religious Institution Apply

The separation standards from a religious institution apply only if one (1) or more of the following applies: (i) The religious institution has been in operation at the same location for one

(1) year or more; or (ii) The location at which the religious institution is now operating is owned by

the organization operating the religious institution or its parent religious organization.

(c) When Separation Standards from Child Day Care Center or Day Care Home Apply The separation standards from a child day care center or child care home shall apply only if one (1) or more of the following applies: (i) The child day care center or day care home has been in operation at the

same location for one (1) year or more; or (ii) The location at which the child day care center or day care home is now

operational is owned by the organization operating the facility.


(d) Measurement of Separation Distances For purposes of measuring the separation distances in this Section, the measurement shall be made by extending a straight line from the main entrance of the building of the sexually-oriented business to the front door of the main building occupied by any other sexually-oriented business or to the nearest property line of any established religious institution, existing residential use, residential district, day care center, public park and playground, or school.

(e) Co-location Standards for Sexually-Oriented Businesses (i) No more than one sexually-oriented business shall be located in a single

building or on a single lot. (ii) No sexually-oriented business shall be established as an accessory use to

another business. (iii) No sexually-oriented business shall offer any of the following products or

services to customers, whether or not for a fee: a. Gasoline or other fuels; b. Showers or other baths; c. Alcoholic beverages for off premises consumption.

(f) Motion Picture Arcade Booths Motion picture arcade booths either as an accessory use to any permitted sexually-oriented business or a permitted principal use are prohibited.

(g) Massage Parlors, Lingerie Modeling, Nude Photography Studios Massage parlors, lingerie modeling establishments, and nude photography studios are prohibited. This provision shall not apply to massage therapists licensed and certified by the State of Florida.

(2) Sexually-Oriented Media Store A sexually-oriented media store shall be considered a sexually-oriented business. A sexually-oriented media store shall comply with the following standards: (a) Separation

Not be located within 2,500 feet of religious institutions, parks and playgrounds, child day care centers, day care homes, existing residential uses, and residential districts.

(b) Other Sexually-Oriented Business Not be located within 500 feet of any other sexually-oriented business.

(c) Window Glazing Frost or opaque any window glazing in the store.

(d) Signage Place a sign on the front door of the store prohibiting persons less than 18 years of age from entering the store.

(e) Security Lighting Install security lighting on the building and in the parking lot.

(f) Not Display Publicly Not display publicly sexually-oriented media.

(3) Sex Shop A sex shop shall be considered a sexually-oriented business. A sex shop shall comply with the following standards: (a) Separation

Not be located within 2,500 feet of religious institutions, public parks and playgrounds, child day care centers, day care homes, existing residential uses, and residential districts.

(b) Separation From Other Sexually-Oriented Business Not be located within 500 feet of any other sexually-oriented business.

(c) Window Glazing Frost or opaque any window glazing in the shop.

(d) Signage


Place a sign on the front door of the store prohibiting persons less than 18 years of age from entering the store.

(e) Security Lighting Install security lighting on the building and in the parking lot.

(f) Sexually Explicit Media and Toys Not display publicly explicit media and sexually-oriented toys or novelties.

(4) Sexually-Oriented Cabaret A sexually-oriented cabaret shall be considered a sexually-oriented business. A sexually-oriented cabaret shall comply with the following standards: (a) Separation

Not be located within 2,500 feet of religious institutions, public parks and playgrounds, child day care centers, day care homes, existing residential uses, and residential districts.

(b) Separation from Business that Sells Alcohol Not be located within 500 feet of a business that sells alcohol for on-premises consumption.

(c) Separation from Other Sexually-Oriented Business Not be located within 500 feet of any other sexually-oriented business.

(d) Window Glazing Frost or opaque any window glazing.

(e) Signage Place a sign on the front door of the store prohibiting persons less than 18 years of age from entering the cabaret.

(f) Security Lighting Install security lighting on the building and in the parking lot.

(g) Prohibit Sale of Alcohol

Prohibit alcohol sales. (h) Separation between Stage Feature and Customer Seating/Standing Area

Provide a minimum separation of two (2) feet between any stage feature and the customer seating or standing area. Stages shall be a minimum of two (2) feet high.

(i) Prohibit Booths or Private Dancing Rooms Prohibit private booths or private dancing rooms.

(j) Noise There shall be no projection of sound outside the building housing the sexually-oriented cabaret.

(5) Sexually-Oriented Motion Picture Theater A sexually-oriented motion picture theater shall be considered a sexually-oriented business. A sexually-oriented motion picture theater shall comply with the following standards: (a) Separation

Not be located within 300 feet of religious institutions, public parks and playgrounds, child day care centers, day care homes, existing residential uses, and residential districts.

(b) Separation From Business That Sale Alcohol Not be located within 2,500 feet of a business that sells alcohol for on premises consumption.

(c) Separation From Other Sexually-Oriented Business Not be located within 500 feet of any other sexually-oriented business.

(d) Minimum Area Be a minimum area of 660 square feet.


(e) Signage Place a sign on the front door prohibiting persons less than 18 years of age from entering the theater.

(f) Security Lighting Install security lighting on the building and in the parking lot.

(g) Lighting within Theater Maintain at least 0.5 foot candles of lighting within the theater at all times.

(h) Monitoring of Theater Maintain constant monitoring of activity within the theater by an employee on duty through electronic means or through a window or mirror providing visibility into the room from the manager’s or cashier’s work station.

(i) Seating in Theater Provide individual seating with chairs having arms that do not rise.

(j) Prohibit Bench and Sofa Seating Prohibit bench seating and sofa seating.

(k) Prohibit Sale of Alcohol Prohibit alcohol sales.

(l) Separation between Stage Feature and Customer Seating/Standing Area Provide a minimum separation of two (2) feet between any stage feature and the customer seating or standing area. Stages shall be a minimum of two (2) feet high.

(m) Noise There shall be no projection of sound outside the building housing the sexually-oriented motion picture.

(J) Vehicle Sales and Services (1) Automobile Body Shop

Automotive body shop uses shall comply with the following standards: (a) Minimum Separation


(b) Parked Vehicles Not park or store a vehicle as a source of parts, or park or store a vehicle for the purpose of sale or lease/rent.

(c) Lighting Design and arrange all lights and lighting so no source of light shall be visible from any residential district.

(d) Enclosure Repair and store all vehicles within an enclosed building. Temporary vehicle storage of 30 days or less may be allowed in an outdoor storage area that shall be no larger than 25 percent of the total lot area. Such areas shall be located to the rear of the principal structure and be screened. The height of materials and equipment stored shall not exceed the height of the screening fence or wall.

(e) Vehicle Storage Not store or park a vehicle that has been repaired and is awaiting removal for more than 30 consecutive days. In cases where a vehicle has been abandoned by its lawful owner prior to or during the repair process, the vehicle may remain on-site as long as is necessary after the 30 day period, provided the owner or operator of the establishment can demonstrate steps have been taken to remove the vehicle from the premises using the appropriate legal means.

(2) Automobile Rental and Sales; Recreational Vehicle Rental and Sales; Truck or Tractor Rental or Sales Automobile rental and sales and truck or tractor rental or sales shall comply with the following standards: (a) Minimum Separation



(b) Displays Outside Setbacks and Buffers Not locate vehicle or equipment displays within a required setback or buffer.

(c) Landscaping Landscape front building and side yard setback areas in accordance with Section 6.2.2, Landscaping Standards to provide a buffer between the right-of-way and heavy equipment sales storage areas. Side yards shall be landscaped if the side yard abuts a public right-of-way.

(d) Not Display on Top of Building There shall be no vehicle display on top of a building.

(e) Other Materials for Sale Display no other materials for sale between the principal structure and the street.

(f) Testing Not test vehicles on residential streets.

(3) Automobile Repair and Servicing Automotive repair and servicing shall comply with the following standards: (a) Minimum Separation


(b) Lot Dimensions and Area (i) If located on a corner lot, have a minimum of 150 feet of frontage on each

street side, and a minimum area of 22,000 square feet. (ii) In all other instances, have a minimum width of 150 feet and a minimum area

of 15,000 square feet. (c) On-site Circulation

Be designed to ensure proper functioning of the site as related to vehicle stacking, circulation and turning movements.

(d) Ingress/Egress (i) Have no more than two (2) driveways or other methods of ingress or egress

located at least 150 feet apart. (ii) Methods of Ingress/Egress shall:

a. Not exceed 40 feet in width, exclusive of transitions. b. Not be located closer than 15 feet to any right-of-way lines of any

intersection. c. Not be located closer than 15 feet to any other property line.

(e) Enclosure Repair and store all vehicles within an enclosed building. Temporary vehicle storage may be allowed in an outdoor storage area that shall be no larger than 25 percent of the total lot area. Such areas shall be located to the rear of the principal structure and be screened from offsite views. The height of materials and equipment stored shall not exceed the height of the screening fence or wall.

(f) Public Address Systems Have no outdoor speaker or public address system which is audible from single family lands.

(g) Trash Storage Provide adequate, enclosed trash storage facilities on the site.

(h) Testing Not test vehicles on residential streets.

(i) Parked Vehicles


Not park or store a vehicle as a source of parts, or park or store a vehicle for the purpose of sale or lease/rent.

(j) Vehicle Storage Not store or park a vehicle that has been repaired and is awaiting removal for more than 30 consecutive days. In cases where a vehicle has been abandoned by its lawful owner prior to or during the repair process, the vehicle may remain on site as long as is necessary after the 30 day period, provided the owner or operator of the establishment can demonstrate steps have been taken to remove the vehicle from the premises using the appropriate legal means.

(4) Boat and Marine Rental and Sales Boat and marine rental and sales shall comply with the following standards: (a) Minimum Separation


(b) Displays Outside Setbacks and Buffers Not locate boat and marine equipment displays within a required setback or buffer.

(c) Landscaping Landscape front building and side yard setback areas in accordance with Section 6.2.2, Landscaping Standards to provide a buffer between the right-of-way and heavy equipment sales storage areas. Landscape side yard setbacks if the side yard abuts a public right-of-way.

(d) Other Materials for Sale Not display other materials for sale between the principal structure and the street.

(5) Car Wash or Auto Detailing Car washes or auto detailing shall comply with the following standards: (a) Minimum Separation


(b) On-site Circulation Be designed to ensure proper functioning of the site as related to vehicle stacking, circulation and turning movements.

(c) Trash Storage Provide adequate, enclosed trash storage facilities on the site.

(d) Automatic Car Wash with Automotive Service Station An automatic car wash shall be considered an accessory use to a gasoline sales use (full service, mini-service, or self-service) when it is located on the same lot. The automatic car wash shall be governed by the use and dimensional standards applicable to the gas sales use.

(e) Transitional Use Area Requirement When such use is located within a CG or ILW district which adjoins a residential district, and is located upon the same frontage as the residential district without an intervening street, such uses may not be closer than 100 feet from the residential district boundary line.

(6) Gasoline Sales (Automobile Service Station, Mini-service and Self Service) Gasoline sales (full-service, mini-service and self-service) shall comply with the following standards. (a) Minimum Separation


(b) Lot Dimensions and Area (i) If located on a corner lot, have a minimum of 150 feet of frontage on each

street side, and a minimum area of 20,000 square feet.


(ii) In all other instances, have a minimum width of 150 feet and a minimum area of 15,000 square feet;

(c) Methods of Ingress/Egress (i) Have no more than two (2) driveways or other methods of ingress or egress

located at least 150 feet apart. (ii) Methods of Ingress/Egress shall:

a. Not exceed 40 feet in width, exclusive of transitions. b. Not be located closer than 15 feet to any right-of-way lines of any

intersection. c. Not be located closer than 15 feet to any other property line.

(d) Location of Gasoline Pumps Locate no gasoline pump within 15 feet of any street right-of-way line; where a greater street setback line has been established, locate no gasoline pump within 15 feet of such setback line. Pumps shall be protected from vehicle impact with bollards or other physical structures.

(e) On-site Circulation Be designed to ensure proper functioning of the site as related to vehicle stacking, circulation and turning movements.

(f) Trash Storage Provide adequate, enclosed trash storage facilities on the site.

(g) Storage and Accessory Sales of Materials and Equipment (i) Have no outdoor displays of materials or equipment, including tires, except in

a display rack for automobile products no more than four (4) feet wide, maintained within three (3) feet of a principal building. There shall be a limit of one (1) display rack per street frontage.

(ii) Not store any unlicensed, inoperable, or junked vehicles. (h) No Outdoor Sale of Oil, Grease, Auto Parts

Where mini-service and self-service facilities sell food, hardware, drugs, and related items in conjunction with gas, prohibit the outdoor sale of oil, grease, parts or accessories for automobiles, and related items, and no service except for self-service water, air or carwash.

(i) Repair Work In a full service station, ensure all repair work, vehicle washing, lubrication, and installation of parts and accessories is performed within an enclosed structure.

(j) Storage of Automobiles In a full service station, store all automobile parts, dismantled vehicles, and similar materials within an enclosed building or totally screen them from view by a solid or privacy fence. A chain link fence with slats shall not constitute acceptable screening or fencing.

(k) Automotive Repair and Servicing If a full service gasoline sales use provides automotive repair and servicing, it shall comply with all the standards listed for automobile repair and service stations (Section 4.3.4 (J) (3), Automobile Repair and Servicing.

(7) Tire Sales and Mounting, Transmission or Muffler Shop Tire sales and mounting and transmission or muffler shop uses shall comply with the following standards: (a) Minimum Separation


(b) Enclosure Repair and store all vehicles within an enclosed building. Temporary vehicle storage may be allowed in an outdoor storage area that shall be no larger than 25 percent of the total lot area. Such areas shall be located to the rear of the


principal structure and be screened from offsite views. The height of materials and equipment stored shall not exceed the height of the screening fence or wall.

(c) Public Address Systems Have no outdoor speaker or public address system which is audible from single family lands

(d) Trash Storage Provide adequate, enclosed trash storage facilities on the site.

(e) Testing Not test vehicles on residential streets.

(f) Storage of Automobiles Store all automobile parts, dismantled vehicles, and similar materials within an enclosed building or totally screen them from view by an opaque or privacy fence. A chain link fence with slats shall not be used to comply with this standard.

(8) Towing Service Such uses shall not include outdoor storage lots or impounds yards for towed vehicles.

(K) Visitor Accommodations (1) Bed and Breakfast

Bed and breakfasts shall comply with the following standards: (a) Owner Or Operator-Occupied

The owner-operator shall reside on the premises. (b) Permitted Use

Be located within a structure which is permitted within the district in which it is located.

(c) Cooking The individual guest rooms shall have no cooking implements, including, but not limited to, stoves, grills or ovens.

(d) Meals No meals other than breakfast shall be served to paying guests.

(e) Alterations Only allow exterior alterations to assure safety of the structure or enhance compatibility of the bed and breakfast with the surrounding neighborhood.

(f) Parking Provide one (1) parking space for each guest room. Parking shall not be permitted in the front yard. On–street parking shall be permitted on residential side streets. There shall be 20 feet of street frontage for every on–street parking space. On–site parking shall be screened with a landscaped buffer to reduce undue noise, odor or glare on surrounding lands. area.

(2) Bed and Breakfast Inn Bed and breakfast inns shall comply with the following standards: (a) Size

Not contain more than 10 guest rooms. (b) Limited Accessory Uses

Not contain accessory uses such as newsstands or gift shops. (c) Residential Appearance

Not be altered in any way that changes the residential appearance of the building in which it is located.

(d) Cooking The individual guest rooms shall have no cooking implements, including, but not limited to, stoves, grills or ovens.

(e) Meals Serve meals to registered guests only, not the general public.

(3) Hotel or Motel


(a) Area Devoted To Non-Living Quarters Up to 25 percent of the gross floor area of a hotel or motel may be in non-living-quarter incidental uses (accessory uses), including management/employee offices, meeting rooms, banquet halls, retail services such as newsstands and gift shops, and similar uses, provided any incidental business is conducted primarily to service guests, and there is no entrance to such places of business except from the inside of the building.

(b) Eating Establishments In addition to the accessory uses allowed in Section 4.4.4 Accessory Uses and Structures Allowed, up to an additional 25 percent of the gross floor area of a hotel or motel may be devoted to eating establishments as an accessory use. The eating establishments(s) may have an entrance from outside the principal building.

(L) Warehouse and Freight Movement (1) Parcel Services; Truck or Freight Terminal; Warehouse (Distribution or

Storage) Parcel services, truck or freight terminals, or warehouses (distribution or storage) shall comply with the following standards: (a) Minimum Separation


(b) Displays Outside Setbacks and Buffers Not locate storage areas within a required setback or buffer.

(c) Landscaping Landscape front building setback areas to provide a buffer between the right-of-way and storage areas. Landscape side yard setbacks if the side yard abuts a public right-of-way. Landscaping shall be provided in accordance with Section 6.2, Tree Protection and Landscaping Standards

(d) Screening Screen all outside storage areas that abut a public right-of-way with a solid (100 percent opaque) wall or fence with a minimum height of eight (8) feet.

(e) Public Address Systems Have no outdoor speaker or public address system which is audible from single family lands.

(f) On-Site Circulation Be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements.

(g) Access Have direct access onto an arterial or major collector road.

(2) Outdoor Storage (Principal Use) Outdoor storage shall comply with the following standards: (a) Screened from View

Be screened from views from adjacent parcels and streets by an opaque fence or masonry wall (opaque) at least eight (8) feet in height. The height of merchandise, materials, and equipment stored shall not exceed the height of the screening fence or wall.

(b) No Customer or Vehicular Circulation No customer or vehicular circulation may occur through the area used for outdoor storage.

(c) Transitional Use Area Requirement When such use is located within a CG or ILW district which adjoins a residential district, and is located upon the same frontage as the residential district without


an intervening street, such uses may not be closer than 100 feet from the residential district boundary line.

(M) Waste-Related Services (1) Recycling Drop-off Center

A recycling drop-off center shall comply with the following standards: (a) Mobility of Collection Bin

The bin shall include wheels or other devices to ensure its transportability. (b) Location of Collection Bin

The collection bin shall be located in or adjacent to an off-street parking area, and shall not exceed 400 square feet unless a larger size is approved by the Community Development Director.

(c) Appearance The area within and adjacent to the bin shall be maintained in good condition and free from trash.

(d) No Collection or Storage of Hazardous or Biodegradable Wastes There shall be no collection or storage of hazardous or biodegradable wastes on the site.

(2) Recycling and Salvage Center A recycling and salvage center shall comply with the following standards: (a) Minimum Separation


(b) Minimum Lot Area The minimum lot size for recycling and salvage centers shall be two (2) acres.

(c) Configuration Except for a freestanding office, no part of a recycling and salvage center and its accessory ramps, on-site circulation system or storage areas shall be located within 50 feet of any property line.

(d) Storage Areas All storage areas shall be effectively screened from view by walls, fences, or buildings. Such screening shall be designed and installed to ensure that no part of a storage area can be seen from rights-of-way or adjacent lots. In no case shall the height of recyclable or recovered materials, or non-recyclable residue stored in outdoor areas exceed 20 feet or the height of the principal building on the lot, whichever is greater.

(e) Fencing Required In addition to any landscaped buffer required under Section 6.2, Tree Protection Standards and Landscape Standards, all outdoor storage areas shall be surrounded by a solid (opaque) fence that is at least eight (8) feet high, located no less than 100 feet from any public right-of-way, and located no less than 50 feet from any adjacent property.

(f) Recyclable Materials Recyclable materials shall be contained within a leak-proof bin or trailer. There shall be no storage of materials on the ground.

(g) Limited Sorting and Separation Only limited sorting, separation or other processing of deposited materials shall be allowed on the site.

(h) No Collection or Storage of Hazardous or Biodegradable Wastes There shall be no collection or storage of hazardous or biodegradable wastes on the site. There shall be no chipping, mulching or receiving of construction debris.

(i) Transitional Use Area Requirement When such use is located within a CG or ILW district which adjoins a residential district, and is located upon the same frontage as the residential district without


an intervening street, such uses may not be closer than 100 feet from the residential district boundary line.

(3) Salvage and Junkyard; Tire Disposal or Recycling A salvage and junkyard or tire disposal or recycling facility shall comply with the following standards: (a) Maximum Size

Be no larger than ten (10) acres. (b) Minimum Separation


(c) Enclosed Be completely enclosed by solid (opaque) wall or fence with a minimum height of eight (8) feet. The wall or fence shall not be located on the property line.

(d) Transitional Use Area Requirement When such use is located within a CG or ILW district which adjoins a residential district, and is located upon the same frontage as the residential district without an intervening street, such uses may not be closer than 100 feet from the residential district boundary line.

SECTION 4.4 ACCESSORY USES AND STRUCTURES

4.4.1 Purpose

This Section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses. The City’s intent in adopting this Section is to allow a broad range of accessory uses, so long as such uses are located on the same site as the principal use, and so long as they comply with the standards set forth in this Section in order to reduce potentially adverse impacts on surrounding properties.

4.4.2 General Standards and Limitations

(A) Compliance with LDR Requirements All accessory uses and accessory structures shall conform to the applicable requirements of these LDRs, including the use regulations of Article 4: Use Regulations, and the dimensional standards of Article 5: Density, Intensity, and Dimensional Standards. The provisions of this Section establish additional standards and restrictions for particular accessory uses and structures.

(B) General Standards All accessory uses and accessory structures shall meet the following standards: (1) Directly serve the principal use or structure. (2) Be customarily accessory and clearly incidental and subordinate to the principal use

and structure. (3) Be subordinate in area, extent, and purpose to the principal use or structure. (4) Be owned or operated by the same person as the principal use or structure. (5) Be located on the same lot as the principal use or structure or on a contiguous lot. (6) Together with the principal use or structure, not violate the bulk, density, parking,

landscaping, or open space standards of these LDRs. (7) Not be constructed or established prior to the time the principal use or structure is

constructed or established.


(8) Not constitute a combination use, which is the combination of two (2) principal uses (combination uses will not meet the above standards in terms of being subordinate or providing service to the principal use).

(C) Approval of Accessory Uses and Structures Unless otherwise specified in this Section, any accessory use or accessory structure shall be treated as a permitted use in the zone district in which it is located. An accessory use or structure may be approved in conjunction with approval of the principal use or structure.

(D) Table of Permitted Accessory Uses (1) Table as Guide

Table 4.4-1, Table of Permitted Accessory Uses, is established as a guide to identify the appropriateness of the more common accessory uses in each zone district.

(2) Listed Accessory Uses Table 4.4-1, Table of Permitted Accessory Uses, lists what types of accessory uses, structures, and activities are allowed in each of the zone districts. If a specific accessory use is allowed in a zone district, the column underneath the zone district is marked with an "A." If the accessory use or structure is not allowed in a zone district, the column is left blank. If there is a reference contained in the column entitled "additional requirements," refer to the cited section(s) for additional standards that shall apply to the specific accessory use.

(3) Interpretation of Unidentified Accessory Uses The Community Development Director shall evaluate potential accessory uses that are not identified in Table 4.4-1, Table of Permitted Accessory Uses, on a case-by-case basis, as an Interpretation to the LDRs. In making the interpretation, the Community Development Director shall apply the following standards. (a) General Standards

The definition of “accessory use” (see Article 9: Definitions), and the general accessory use standards established in Article 2, Administration.

(b) Additional Standards

The additional regulations for specific accessory uses established in Section 4.4 Accessory Uses and Structures.

(c) Purpose and Intent of Zone Districts The purpose and intent of the zone district in which the accessory use is located.

(d) Potential Adverse Impacts Any potential adverse impacts the accessory use may have on other lands in the area, compared with other accessory uses permitted in the zone district.

(e) Compatibility The compatibility of the accessory use, including the structure in which it is housed, with other principal and accessory uses permitted in the zone district.


(4) Table 4.4-1: Table of Permitted Accessory Uses

ACCESSORY USE

TYPE

RESIDENTIAL BUSINESS

PLANNED

DEVELOPMENT

ADDITIONAL

REQUIRE-MENTS

OUA

RS 1

RS 2

RS 3

RG1

RG2

RG3

R

I O

R I O

CN

CG

C BD

CH

I LW

I G

COMM

R TND

EC

Accessory Dwelling Units

A A A A A A A Sec. 4.4.4(A)

Air Conditioner Compressor Unit (residential)

A A A A A A A A A A Sec.

4.4.2(E)(1)(c)

Automated Teller Machine (ATM)

A A A A A A A A

Automotive Repair (occurring outdoors)

A Sec.

4.4.3(B)(1)

Fences or Walls A A A A A A A A A A A A A A A A A A

Home Occupations A A A A A A A A A A A A Sec. 4.4.4(C)

Outdoor Display and Sales

A A A A A A A Sec. 4.4.4(D)

Outdoor Storage (as an accessory use)

A A A A A A Sec. 4.4.4(E)

Parking of Business Vehicles

A A A A A A A A A A Sec.

4.4.3(B)(2) Recycling Drop-Off Stations

A A A A A A A A A A A A A Sec. 4.4.4(F)

Retail Sales of Goods as part of Permitted Industrial and Warehouse Uses

A A A A Sec. 4.4.4(H)

Satellite Dish Antenna

A A A A A A A A A A A A A A A A A A A

Security or Caretaker Quarters

A A A A A A A A A A Sec. 4.4.4(B)

Storage or Parking of Trucks, Cars, or Major Recreational Equipment

A A A A A A A A A A A A A A A A Sec. 4.4.4(H)

Storage Building or Shed

A A A A A A A A A A A A A A A A A

Swimming Pools, Hot Tubs, and Ornamental Ponds and Pools

A A A A A A A A A A A

Structures Used for Water-related Activities

A A A A A A A A A A A A


(E) Location of Accessory Buildings, Structures, or Vehicles

(1) Location (a) General

(i) No accessory use, structure, or activity, except for permitted fences or walls erected on a property line shall occupy or take place in a required front, side, or waterfront yard (except for water-related activities in a required waterfront yard), but may be located in rear yards not less than 10 feet from the rear lot line.

(ii) No accessory structure shall project beyond the front building line of the principal structure or site.

(iii) No accessory uses or structures shall be located within five feet of a principal structure.

(b) Water-Related Activities Structures used for water-related activities such as boat docks, boat houses, and similar uses may be located anywhere in a required waterfront yard.

(c) Air Conditioner Compressor Units Air conditioner compressor units shall not be located in any required yard.

(d) Accessory Dwelling Units Accessory dwelling units shall not be located in any required yard.

(2) Easements No accessory structure, including overhangs, shall be located within any platted or recorded easement or over any known utility.

(3) Size For accessory structures accessory to residential uses, the combined floor area of all detached accessory structures shall occupy no more than 33 percent of the total floor area of the principal structure, unless otherwise allowed in these LDRs.

(4) Storage or Parking of Boats, Recreation Vehicles, and Utility or Travel Trailers Storage or parking of all boats, recreational vehicles, and utility or travel trailers allowed by this Section shall be located within side or rear yards.

(F) Height Except as otherwise expressly limited or allowed in this Section or these LDRs, no accessory building or structure shall exceed the height of the principal use.

(G) Signage All signs shall be governed by the standards set forth in Section 6.5, Signage.

(H) Temporary Accessory Uses and Structures Temporary accessory uses and structures shall be governed by the standards and temporary use permit procedures set forth in Section 4.5.4, Temporary Use Permit, and Section 4.5 Temporary Uses and Structures.

4.4.3 Accessory Uses Prohibited

(A) Prohibited in All Zone Districts The following activities shall not be regarded as accessory to a principal use on any site and are prohibited in all zone districts. (1) Use of Travel Trailer, Recreational Vehicle, or Tent as Residence

The use of a travel trailer, recreational vehicle, or tent as a residence, permanent or temporary, is prohibited,. However, a recreational vehicle (RV) may be used as a temporary residence for up to seven (7) days, provided the vehicle is located in a side or rear yard. Utilization of an RV as a temporary residence is not considered as “storage.”


(2) Use of Motor Vehicle or Trailer for Sales, Service, Storage, or Other Business The use of any motor vehicle or trailer or shipping container as a structure in which, out of which, or from which any goods are sold or stored, any services performed, or other businesses conducted. This subsection shall not prohibit the following: (a) Retail Sale of Agricultural Products

The retail sale of agricultural products, as allowed by the relevant provisions of these LDRs.

(b) Retail Sale of Prepared Food The retail sale of prepared food, as allowed by the relevant provisions of these LDRs.

(c) Recycling Operation Use of a motor vehicle, trailer, or shipping container in connection with an approved recycling operation.

(d) Sales Related to Construction Use of a trailer or shipping container in conjunction with construction authorized by a building permit.

(e) Temporary Loading and Unloading Use of a trailer or shipping container for the temporary loading and unloading of goods not intended for retail sale, provided that no individual trailer or container is in place longer than 48 hours.

(B) Prohibited in Residential Zone Districts The following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts: (1) Automotive Repair

Automotive repair, including engine, body, or other repair or repainting of more than one (1) vehicle at any one (1) time; as well as automotive repair of any vehicle not owned by a person residing at that address, regardless of whether compensation was paid for the service.

(2) Parking of Business Vehicles The storage or parking of a vehicle or trailer, for a period of one (1) or more nights, if the vehicle or trailer is licensed or regularly used for business purposes, and is either: (a) Commercial Drivers’ License

A vehicle for which a commercial driver's license is required by state law. (b) Vehicle in Excess of Two (2) Axles

A vehicle or trailer having in excess of two (2) axles. (c) Trailer Bearing Commercial Signage

Any trailer bearing commercial signage, logo, or carrying commercial or industrial equipment or materials.

(d) Height in Excess of 90 Inches A vehicle or trailer having a height in excess of 90 inches, which is stored or parked in any yard.

4.4.4 Accessory Uses and Structures Allowed

(A) Accessory Dwelling Unit An accessory dwelling unit shall comply with the following standards. (1) Districts Allowed

Accessory dwelling units shall be allowed as accessory uses to principal residential uses pursuant to Table 4.4-1. Table of Permitted Accessory Uses.


(2) Where Permitted on Lot A permitted accessory dwelling unit shall comply with all applicable development standards for principal dwelling units in the zone district in which the accessory dwelling unit will be located. Mobile homes, recreational vehicles, and travel trailers shall not be used as accessory dwelling units.

(3) Size of Accessory Unit No accessory dwelling unit shall exceed 33 percent of the size of the habitable floor area of the principal dwelling unit, or 800 square feet, whichever is less. An accessory dwelling unit may contain private sanitary facilities with hot and cold running water and cooking and food storage facilities.

(4) Limit on Number There shall be no more than one (1) accessory dwelling unit on a lot in addition to the principal single-family detached dwelling.

(5) Off-Street Parking At least one (1) off-street parking space shall be provided for each bedroom located in an accessory dwelling unit.

(6) Density Accessory dwelling units shall not count toward any applicable maximum residential density requirements.

(7) Resale Accessory dwelling units shall not be sold apart from the principal dwelling upon the same lot where they are located.

(8) Home Occupations Home occupations shall be prohibited within an accessory dwelling unit.

(9) Other Standards (a) Comply All Other Applicable Standards Of LDRs

An accessory dwelling unit shall comply with all other applicable standards for principal dwelling units in the zone district in which the accessory dwelling will be located.

(b) Case of Conflict In the case of any conflict between the accessory dwelling unit standards of this section and any other requirement of these LDRs, the standards of this section shall control.

(B) Security or Caretaker Quarters A dwelling unit for security or caretaker quarters shall comply with the following standards. (1) Districts Allowed

A dwelling unit for security or caretaker quarters shall be allowed as an accessory use to commercial and business principal uses in the districts allowed in Table 4.4-1. Table of Permitted Accessory Uses.

(2) One (1) Unit Per Principal Use Only one (1) such dwelling unit per principal use shall be allowed.

(3) Locate Inside Principal Building The accessory dwelling unit shall be inside the principal building; no detached dwelling units or mobile homes are allowed. If the security or caretaker quarters are associated with a public school, then a detached unit may be located outside of the principal building.

(4) Maximum Unit Size An individual unit shall not exceed 1,200 square feet of gross floor area.

(5) Off-street Parking A minimum of one (1) off-street parking space shall be provided for each bedroom in a dwelling unit, in addition to the required parking for the principal use or business.


(6) Occupant Only the owner, operator, caretaker, or an employee of the principal building, plus his/her immediate family, may occupy the dwelling unit.

(C) Home Occupations A home occupation shall be permitted as accessory to any principal dwelling unit, provided that: (1) Size/Area

The business or service is located within the dwelling or an associated accessory building, and does not exceed 20 percent of the combined floor area of the structures.

(2) Employees and Residency (a) Person providing business resides in dwelling

The principal person or persons providing the business or service resides in the dwelling on the premises.

(b) Employs no more than one person who does not reside in dwelling The home occupation employs no more than one (1) person who does not reside on the premises.

(3) Neighborhood Compatibility (a) No Change in External Appearance

The home occupation causes no change in the external appearance of the existing dwelling and structures on the property.

(b) Use of Vehicles All vehicles used in connection with the home occupation are of a size, and located on the premises in such a manner, so as to not disrupt the quiet nature and visual quality of the neighborhood, and there are no more than two (2) vehicles per home occupation.

(c) Off-street Parking There is sufficient off-street parking for patrons of the home occupation, with the number of off-street parking spaces required for the home occupation to be provided and maintained in addition to the space or spaces required for the dwelling itself pursuant to Section 6.1 Off-Street Parking and Loading Standards.

(d) No Additional Parking Areas in Front Yard No additional parking areas other than driveways are located in the required front setback.

(e) No Advertising There are no advertising devices on the property, or other signs of the home occupation, which are visible from outside the dwelling or accessory building.

(f) No Outdoor Display or Storage of Goods The property contains no outdoor display or storage of goods or services that are associated with the home occupation.

(g) No Material Delivery No large-scale material or other form of delivery beyond those typically associated with a single-family dwelling.

(h) No Wholesale or Retail Sale of Goods Wholesale or retail sales of goods do not occur on the premises.

(i) No Adverse Impacts The home occupation does not create traffic or parking congestion, noise, vibration, odor, glare, fumes, or electrical or communications interference which


can be detected by the normal senses off the premises, including visual or audible interference with radio or television reception.

(D) Outdoor Display and Sales Outdoor display and/or sales may be allowed as an accessory use for all retail and wholesale uses in the districts identified in Table 4.4-1, Table of Accessory Uses. It is the intent of this these LDRs to allow the display of merchandise for sale, but not where the display of such items impedes the flow of pedestrian or vehicular traffic, or creates an unsafe condition. This shall not include hazardous and flammable materials, such as gasoline, oil, antifreeze, kerosene, poisons, pesticides and similar items. The display of goods shall meet all of the following standards. (1) Procedure

All applications for site plans and subdivisions must show the location of such areas in accordance with this Section.

(2) Location and Dimensions (a) Location

All outdoor display of goods shall be located immediately adjacent to the storefront and not in drive aisles, loading zones, fire lanes, or parking lots.

(b) Not on Side or Rear of Building The area used for outdoor display or sales shall not occur on the sides and rear of buildings and shall be limited to no more than one-half of the length of the store front, unless increased by the Community Development Director after taking into account aesthetic and safety concerns.

(c) Shopping Center In the case of a shopping center, the “storefront” shall include the entire frontage of the shopping center, meaning that the total amount of display for all the in-line tenants combined shall not exceed 50 percent of the aggregate store front of the total shopping center.

(d) Not Encompass Width of Entrance Doors

The area of outdoor display or sales shall not encompass the width of the entrance doors to the establishment as projected straight out from the facility. (For example, if the width of the entrance doors is 10 feet, there shall be at least a 10 foot clearance from the doors as projected straight out and away from the facility.)

(e) No Goods Attached to Wall Surface No goods shall be attached to a building’s wall surface.

(f) Height The height of the outdoor display shall not exceed eight (8) feet.

(g) Improved Surface The outdoor display area shall take place on an improved surface such as the sidewalk or pavement.

(3) No Pedestrian Obstruction At least five (5) feet along the parking lot side of the display shall be maintained free of obstruction to allow for pedestrian and handicap movement, such that handicapped pedestrians and others do not have to enter the parking lot or drive aisle to walk around the display.

(4) Temporary Sales Distinguished The provisions of this Section shall not apply in cases of temporary sales events, such as weekend sidewalk sales, seasonal vegetable sales and other similar temporary uses. See Section 4.5 Temporary Uses and Structures, for regulations applying to temporary sales.


(E) Outdoor Storage as an Accessory Use Outdoor storage may be allowed as an accessory use in the districts identified in Table 4.4-1, Table of Permitted Accessory Uses. The storage area shall meet all of the following standards: (1) Incorporated into Design

Each outdoor storage area shall be incorporated into the overall design of the primary structure on the site and shall be located at the rear of the primary structure.

(2) Goods Stored Must be Sold on Premises Goods stored in an outdoor storage area shall be limited to those sold on the premises as part of an associated, additional primary use.

(3) Screening Each outdoor storage area shall be screened from view from all property lines and adjacent rights-of-way by an opaque fence or wall between six (6) and eight (8) feet in height that incorporates at least one of the predominant materials and one of the predominant colors used in the primary structure. Materials may not be stored higher than the height of the primary structure. The perimeter of the fence or wall shall be landscaped with a seven (7) foot wide strip containing a minimum of one tree every twenty (20) feet on center of screened area.

(4) Landscaped Berm A landscaped earth berm may be used instead of or in combination with a fence or wall.

(5) Storage Area Covering If the outdoor storage area is covered, then the covering shall include at least one (1) of the predominant exposed roofing colors on the primary structure.

(6) Storage No materials may be stored in areas intended for vehicular or pedestrian circulation.

(7) Exterior Lighting If installed, exterior lighting shall meet the functional needs of the establishment without adversely affecting adjacent properties or the neighborhood.

(F) Recycling Drop-Off Stations Recycling drop-off stations shall comply with the following standards: (1) General

All drop-off containers and storage bins, with the exception of roll-out carts located in townhouse and multi-family developments and recycling containers located on school or government sites, shall be screened from view to at least the height of the containers and bins in the station. The screen may be fencing or plantings. If plantings are used, the plants must reach the height indicated in the previous sentence within three (3) years of planting. Roll-out carts shall be a neutral or earth tone color, not be visible from a public street, and be located within the interior of the development.

(2) Litter and Debris The station shall be kept free of litter, debris, and residue.

(3) Setbacks Drop-off containers and storage bins shall be located no closer than 50 feet to a dwelling.

(4) Size Excluding screening, drop-off containers and storage bins shall occupy no more than 500 square feet.

(5) Blocking Access The station shall not occupy or block access to parking spaces or aisles.

(G) Retail Sales of Goods as Part of Permitted Industrial and Warehouse Uses Retail sales of goods as part of permitted industrial and warehouse uses shall comply with the following standards. (1) Locate in Principal Building


All retail sales shall be conducted within the same structure housing the principal industrial or warehouse use, and no outdoor retail sales activity shall be allowed.

(2) No Additional Advertising There shall be no additional advertising for the retail sales operation.

(3) Items Sold Items for sale shall either be manufactured by the principal use or part of the principal warehouse's stock.

(4) Maximum Gross Floor Area Maximum gross floor area of the accessory retail use shall be either 10 percent of the total gross floor area of the principal use or 5,000 square feet, whichever is less.

(5) Off-street Parking Parking for the retail accessory use is provided according to the off-street parking standards for retail uses as stated in Section 6.1, Off-street Parking and Loading Standards.

(H) Storage or Parking of Recreational Equipment Storage or parking of major recreational equipment (including but not limited to boats, boat trailers, camping trailers, recreational vehicles, motorized homes, and house trailers) shall comply with the following standards: (1) Front Yard

No trailer, boat, recreational vehicle or other major recreational equipment shall be parked or stored in the front yard on a lot or otherwise in front of a dwelling in a residential district or in residential portions of a PD district.

(2) Yard Adjacent to Street in Residential District No trailer, boat, recreational vehicle, or other major recreational equipment shall be parked or stored for longer than twenty-four (24) hours in any side or rear yard immediately adjacent to a street in a residential district or in residential portions of a PD district.

(3) Parking on Public ROW in Residential District Trailers, boats, recreational vehicles, or other major recreational equipment shall not be parked or stored on a public right-of-way in a residential zone district or in residential portions of a PD district for longer than twenty-four (24) hours.

SECTION 4.5 TEMPORARY USES AND STRUCTURES

4.5.1 Purpose This Section allows for the establishment of certain temporary uses of limited duration, provided that such uses do not negatively affect adjacent properties, and provided that such uses are discontinued upon the expiration of a set time period. Temporary uses do not involve the construction or alteration of any permanent building or structure.

4.5.2 Table of Allowed Temporary Uses and Structures Table 4.5-1: Table of Allowed Temporary Uses summarizes the temporary uses that are allowed within the City and any general or specific standards that apply. Temporary uses not listed in Table 4.5-1 are not allowed by these LDRs.

TABLE 4.5-1: TABLE OF ALLOWED TEMPORARY USES

TEMPORARY USE OR STRUCTURE ALLOWABLE

TIME FRAME SPECIFIC REGULATIONS

TEMPORARY SALES

Sale/Display of Goods & Agricultural Products (B) Permit Required; see Section 4.5.6 (D)

Seasonal Sales of Christmas Trees & Wreaths (A) Permit Required; see Section 4.5.6 (D)


TABLE 4.5-1: TABLE OF ALLOWED TEMPORARY USES

TEMPORARY USE OR STRUCTURE ALLOWABLE

TIME FRAME SPECIFIC REGULATIONS

Fireworks, unless otherwise regulated or restricted by Florida Statutes

(A) Permit Required; see Section 4.5.6 (D)

Uses associated with Public Works projects (C) No Permit Required

4.5.3 Prohibited Temporary Uses

Without limiting the standards of these LDRs, the following activities are prohibited in all districts:

(A) Retail Sales or Display of Goods, Products or Services in Public ROW Retail sales or display of goods, products, or services within the public right-of-way except as part of an authorized not-for-profit, special, or City-recognized event.

(B) Retail Sales Or Display Of Non-Agricultural Goods From Vehicles Retail sales or display of non-agricultural goods, products, or services from a motor vehicle, trailer, or shipping container. The sale and/or display of agricultural products is exempt from this requirement.

(C) Retail Sales or Displays from Residential Zone Districts Retail Sales or displays from vehicles or properties shall be prohibited in all areas designated as RS-1, RS-2, RS-3, RG-1, or RG-2 zone districts.

4.5.4 Temporary Use Permits All temporary uses required to obtain a temporary use permit pursuant to Table 4.5-1, Table of Allowed Temporary Uses, shall obtain the permit pursuant to the procedures set forth in Section 2.4.10, Temporary Use Permit

4.5.5 General Standards for All Temporary Uses and Structures

(A) Building Official to issue permit. Before issuing a permit, the Building Official shall determine that the site is adequate for its intended temporary use and in compliance with the following standards. All temporary uses or structures shall meet the following general standards, unless otherwise specified in these LDRs: (1) Temporary uses shall be permitted only in commercial, professional, office, industrial

or agricultural zoning districts. (2) The applicant/operator (if not property owner) must obtain written permission to use

the site from the property owner and must have such permission available on site during the operation of the temporary use;

(3) The applicant/owner shall provide safe and adequate off-street parking (no parking or sales areas shall be within a public right-of-way) so that the safe and orderly flow of traffic can be ensured.

(4) The applicant/owner shall provide safe and adequate ingress and egress to the property, including safe clear sight distance for vehicles entering or leaving the property.

(5) The applicant/operator shall ensure that all use areas (i.e. sales, activities other than parking) are located at least twenty-five (25) feet from a public Right-of-Way and any neighboring residential area; and

(6) The applicant/operator shall obtain appropriate permits and fire inspections for any structures to be located on the property or, if such use requires electricity or plumbing permits, the applicant shall obtain such permits and inspections prior to operation of the temporary use. A business license tax fee must also be obtained from the City Clerk.


(7) Appropriate signage shall be allowed during duration of the permit and shall be subject to the sign area and height requirements as set forth in these LDRs.

(B) Plot Plan Required The applicant/operator shall submit a detailed plot plan showing the location of the tent(s) or temporary structure, the floor area and maximum capacity (number of persons) of the tent/structure, the number and location of off-street parking spaces, a traffic circulation plan showing all ingress/egress locations, and the locations, number and description of any signs, lights, balloons, fences, banners, etc. Such plan shall be examined by the City’s Technical Advisory Committee (TAC) to determine compliance with this Section. .

(C) No Adverse Effects The temporary use or structure shall not have substantial adverse effects or noise impacts on nearby residential neighborhoods.

(D) Complies with Standards The City Manager or his designee shall have authority to require immediate compliance with the provisions of this Section. Failure of the applicant/operator to comply with such direction may result in the prohibition of future sales/activities by the applicant and/or issuance of a Code Enforcement Citation pursuant to Chapter 2, of the Dade City Code of Ordinances and Chapter 162, Florida Statutes.

(E) Other applicable codes, ordinances, regulations or laws Nothing herein shall relieve an applicant/operator of a temporary use from complying with other applicable codes, ordinances and regulations.

SECTION 4.6 SPECIAL EVENTS

4.6.1 Applicability

(A) General The procedures and standards of this subsection shall apply to all Special Events (including but not limited to cultural events, musical events, celebrations, festivals, fairs, carnivals, circuses, etc.) held on private property within the City, unless otherwise exempted.

(B) Permit for Special Event Required All special events subject to this subsection shall have a Special Event permit for the special event. All Special Event permits shall be reviewed and approved or approved with conditions by the City Manager prior to conducting the special event.

4.6.2 Exemptions The following events or activities are exempt from the standards of this subsection (i.e., may occur without a temporary use permit for a special event). Such activities are subject to all other applicable procedures and standards of these LDRs.

(A) On Grounds Of Private Residence Special events or activities occurring within, or on the grounds of, a private residence or on the common areas of a multifamily residential development.

(B) Event Sponsored by City or State of Florida Any event sponsored in whole or in part by the City of Dade City, or the State of Florida.

(C) Event or Activity at Site Intended for Such Event or Activity Any organized activities conducted at sites or facilities typically intended and used for such activities. Examples of such exempt activities include, but are not limited to, sporting events such as golf, soccer, softball, and baseball tournaments conducted on courses or fields intended and used for such activities; wedding services conducted at reception halls, or similar facilities; funeral services conducted at funeral homes or cemeteries; religious services, wedding services, and funeral services conducted at religious institutions.


(D) Permit Required No person, club, organization, individual, or any other unincorporated entity, shall conduct, operate and cause to occur, engage in, or host any special event. Special event permits shall be issued only to not-for-profit corporations licensed to do business in the State of Florida. A special event permit, including a permit for alcoholic beverage consumption, is a permissive use only and may be revoked at any time upon failure to comply with any of the conditions of this section.

(E) Revocation of Special Event Permit The City reserves the right to revoke the issuance of a permit due to extenuating circumstances prior to the occurrence of the event. The City Manager, City Police Chief, or Safety Services Director may immediately terminate a special event if the continuance of the event endangers life or property.

4.6.3 Standards An application for a special event permit shall comply with the following standards:

(A) Application Shall Not Contain Intentionally False or Material Misleading Information

(B) Event Shall Not Create Unreasonable Risk (1) Damage to public or private property, beyond normal wear and tear (2) Injury to persons (3) Public or private disturbances or nuisances (4) Unsafe impediments or distractions to, or congestion of, vehicular or pedestrian travel (5) Additional and impracticable or unduly burdensome police, fire, trash removal,

maintenance, or other public services demands (6) Other adverse effects upon the public health, safety, or welfare

(C) Location Cannot be Accommodated Not be of such a nature, size, or duration that the particular location requested cannot reasonably accommodate the event.

(D) Time Not Permitted or Reserved for Other Activities Not be at a time and location that has already been permitted or reserved for other activities.

4.6.4 Permit Application

(A) Special Event Application (1) A person seeking issuance of a Special Event permit shall file an application with the

City Manager’s office on forms provided by the City. Permits for recurring events may be applied for and approved annually. Any changes or alterations for previously approved events must be requested in writing. If such changes are determined to be substantive, the City Manager may request a new application or impose additional conditions.

(2) An application for a special event permit shall be filed with the City Manager not less than 90 calendar days and not more than 12 months before the proposed special event date. In extenuating circumstances, the City Manager may waive the 90-day requirement upon good cause shown.

(3) The Safety Services Director shall have the authority to permit conditions to restrict, limit, or prohibit the use or construction of platforms, chairs, or other equipment, if such use could result in damage to City property, constitute a hazard to safety, or would block or infringe upon some other lawful use of the public property.|

(B) City Subsidized Events (1) A person seeking any level of City subsidy of a special event through funding or in-

kind services shall file an application with the City Manager on forms provided by the City and containing information regarding the time, date, location, number of participants, utilities needed, security, cleanup arrangements, amplification, and other


information relevant to the event. Review of these requests shall be part of the City’s annual budget process.

(2) An application for any level of City subsidy of a special event shall be filed with the City Manager by June 1

st for events occurring during the following fiscal year

beginning October 1st. The City Manager may waive this requirement upon good

cause shown.\

(C) Liability Insurance Requirements Provision of a policy of liability insurance in the amount of One Million Dollars ($1,000,000.00) shall be required where the special event involves (a) more than 50 persons, (b) a parade, march, or rally upon the public roadways in Dade City, or (d) the use of commercial vendors or concessionaires. This policy shall name the City as an additional insured for the event. A liability policy in the amount of Two Million Dollars ($2,000,000.00) shall be required if an application for consumption of alcoholic beverages is submitted or if the proposed event contains potentially dangerous games, rides, or activities.

(D) Post Special Event Report The applicant shall agree to submit a written post-event report on a form provided by the City to the City Manager within 60 days after the event. This form shall become part of the application and failure to comply with this requirement may jeopardize approval of future special event applications from this applicant.

(E) Special Event Fee The City shall have the authority to charge a reasonable fee to cover administrative costs of processing and review of the application. Said fees shall be established by resolution of the City Commission.

4.6.5 Permit Conditions In approving the temporary use permit for the special event, the City Manager is authorized to impose such conditions upon the premises benefited by the permit as may be necessary to reduce or minimize any potential adverse impacts upon other property in the area, as long as the condition relates to a situation created or aggravated by the proposed special event. The City Manager is authorized, where appropriate, to require:

(A) License The granting of the permit shall constitute the issuance of a limited license and shall not create a property right, or entitle the applicant to violate any general park rules or regulations applicable to the use of public property.

(B) Parades In the case of parades, the event shall cover the assembly and disbanding area in addition to the parade route. In addition, parade applicants shall be liable for operation of their own motorized units and for persons included as part of that parade unit. A parade event must be scheduled to move from its point of origin to the point of termination expeditiously and without unreasonable delays en route.

(C) Artificial Lighting For special events not occurring entirely during daylight hours, the applicant must provide adequate artificial lighting.

(D) Provision of Temporary Parking Provision of temporary parking facilities, including vehicular access and egress.

(E) Control of Nuisance Factors Control of nuisance factors, such as but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat. The conduct of the special event is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct, or to create a disturbance.


(F) Regulation of Temporary Buildings Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards.

(G) Provision of Sanitary and Medical Facilities Provision of sanitary and medical facilities.

(H) Provision of Solid Waste Collection and Disposal Provision of solid waste collection and disposal. The public forum area utilized shall be left clean and in substantially the same condition as prior to the Special Event.

(I) Provision of Security and Safety Measures The conduct of the special event will not require diversion of so great a number of police officers from the City to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the City. The Safety Services Director shall have the authority to permit conditions to restrict, limit or prohibit the use or construction of platforms, chairs or other equipment if such use could result in damage to City property, constitute a hazard to safety or would block or infringe upon some other lawful use of the public property.

(J) Emergency vehicles and personnel The conduct of the special event will not require the diversion of so great a number of ambulances and fire rescue units as to prevent normal ambulance and rescue services to other portions of the City. The concentration of persons, animals, and vehicles at assembly points in the event will not unduly interfere with proper fire and police protection or with ambulance services to areas contiguous to the assembly areas.

(K) Modification or Elimination of Certain Proposed Activities. Modification or elimination of certain proposed activities.

(L) Operational Standards Regulation of operating hours and days, including limitation of the duration of the Special Event Permit to a shorter time period than that requested or specified in this subsection.

(M) Fees, deposits, reimbursements The applicant shall be responsible for payment of fees, deposits or reimbursement of costs where a request is made to use City services, equipment or property for a special event. In addition, the applicant shall be responsible for all costs incurred should inspection services be required in order to ensure compliance with the provisions of this section. Any costs of repairs to or restoration of public facilities caused by the event shall be charged to the applicant.

4.6.6 Additional Requirements for Public Facilities

(A) Police and Fire personnel shall be determined by the Police Chief and Safety Services Director.

(B) Public Works/Services personnel shall be determined by the Director of Public Works. (C) All other conditions that may be required by state and/or federal agencies shall

supersede the provisions of this section.

4.6.7 Denial of Permit

(A) Grounds for Denial of Permit Within 30 business days of the filing of the application for a Special Event permit, the City Manager shall send the applicant written notice by regular United States mail of the action taken on the application and, if denied, the specific reasons therefore. The permit for the Special Event shall not be granted if one or more of the following conditions are found to exist: (1) The application is incomplete in a material respect. (2) The application has been fraudulently completed.


(3) A prior permit has already been issued for the same area requested within the same calendar month.

(4) The application is not for an available public area or the desired venue is no longer suitable for the production of the event.

(5) An adjacent public area has already been scheduled for use at the same time and simultaneous uses cannot be accommodated.

(6) The estimate of anticipated attendance is in excess of the maximum designated as allowable for the area.

(7) The Police Chief has factual knowledge that the applicant or sponsoring group specifically intends to cause or create imminent lawless action in connection with the special event.

(8) The Safety Services Director has knowledge that a special event fails to comply with the applicable fire and life safety laws and is considered a danger to public health, safety and welfare.

(9) Nothing contained in this section shall permit the City Manager or his designee to deny a permit based upon political or religious grounds or reasons.

(B) Future Denials A permit for future occurrence of this special event shall not be granted if one or more of the following conditions exist: (1) The previous event application was incomplete in a material respect causing undue

hardship upon the resources of the City of Dade City. (2) The application was fraudulently completed and/or misrepresented the intent and

conduct of the event. (3) The applicant failed to comply with the conditions stipulated in the approval letter. (4) The venue is no longer available for an event. (5) The event is not compatible with the adjacent public or private area. (6) The estimate of the anticipated attendance was in excess of the maximum

designated as allowable for the area. (7) Failure of the event promoter or their staff to adequately cooperate with the City staff

during the production of the event. (C) Appeal of Permit Denial

(1) An applicant denied a Special Event permit required by this section may appeal the decision of the City Manager to the City Commission by filing a written notice of appeal with the office of the City Manager within ten (10) business days of the mailing of the decision of the City Manager denying the permit. Said appeal shall be in a form prescribed by the City Commission.

(2) Such appeal shall be heard and decided by the City Commission at the next regularly scheduled City Commission meeting, however, no sooner than five business days after said appeal is filed. The applicant may appear at the hearing and/or be represented by counsel. Evidence on the applicant’s behalf may be presented at such hearing. The City Manager shall state the reasons for denying the Special Event permit and shall provide any other evidence supporting such denial. The City Commission shall have the authority by a vote of a majority of its members to affirm, reverse or modify the decision of the City Manager. Such decision shall be in writing and contain the reasons therefore. The decision, in written form, shall be mailed to the applicant within ten (10) business days of the appeal. The results of such appeal shall constitute final action by the City on such request.

(3) Denial of City subsidy or funding shall not be subject to appeal.

4.6.8 Revocation of Permit The City Manager shall have the authority to immediately revoke a Special Event permit issued pursuant to this section upon violation of the standards for issuance prescribed in this section. During the event, the Police Chief or the Safety Services Director shall also have the authority to order a termination of the event should the continuance of such event contribute


to public disorder or endanger life or property, or if he/she finds that the application was fraudulent in any manner.

4.6.9 Special Permit required for Consumption of Alcohol No person shall sell or consume alcoholic beverages at any special event, as described in this Section, which is located on property owned by the City, unless an alcoholic beverage special event permit is obtained. It shall be unlawful for any person to sell, dispense, consume or drink any beer, wine or other intoxicating beverage or to possess any opened or unsealed container of beer, wine or other intoxicating beverages on or in any public street, alley, sidewalk, public parking lot or right-of-way, or public park, athletic field or playground of the City except as specifically authorized through a special event permit for consumption of alcohol which has been granted in accordance with Chapter 14 of the Dade City Code.

(A) Application Required for Permits for Alcoholic Beverage Consumption An organization seeking approval for the sale and/or consumption of alcoholic beverages at any event as described in this Chapter, shall file a separate application with the City Manager on forms provided by the City. (1) The application shall be filed not less than 90 days prior to the proposed special

event. In extenuating circumstances the City Manager may waive the 90 day requirement upon good cause shown.

(2) The application for an alcoholic beverage special event permit shall include in addition to any information that is required above the following information: (a) General description of how the use of alcohol will be incorporated into the special

event. (b) Diagram depicting specific, clearly-identifiable, designated and secured areas

within the event venue where beverage sales and consumption are to occur. (c) Documentation of appropriate applications for state alcoholic beverage licensing. (d) Description of how security and beverage law compliance will be provided,

including hours of sale and consumption during the event; and (e) Description of the types of beverages and beverage containers to be used in

conjunction with the event. (B) Conditions for Alcoholic Beverage Special Event Permit

(1) Permits issued pursuant to this ordinance for the sale and/or consumption of alcoholic beverages at any event as described in this Section shall be subject to the following conditions in addition to those contained in Sections 4.6.5 and 4.6.6 above.

(2) At least ten (10) days prior to the occurrence of the event the applicant must provide to the City Manager, in addition to event insurance required above, written proof of general liability and other insurance as required by the provisions of Florida Statutes for the sale and/or consumption of alcoholic beverages.

(3) The proposed sales and/or consumption activity shall not unreasonably interfere with or detract from the promotion of public health, welfare, and safety.

(4) The use of alcoholic beverages shall not result in violence crime or disorderly conduct.

(5) The person or entity responsible for the sale of alcoholic beverages meets state minimum age licensing requirements and has not been convicted of a felony or crime involving moral turpitude.

(6) At least ten (10) days prior to the occurrence of the event, the applicant shall demonstrate that it has obtained all necessary federal, state, and local permits to engage in the proposed sales and/or consumption activity. Copies of said permits shall be provided to the City Manager.

(7) Hours of operation for the sales and/or consumption activity shall comply with the provisions of Section 10.2 of the Dade City Code.

(8) The applicant shall comply with all other ordinances associated with permitting of events upon public property.


(10) The sale and consumption of alcoholic beverages shall be confined to clearly defined, designated and secured areas within the event venue. This may be the entire event area or a designated area within it.

(11) The applicant shall pay all costs of police, fire rescue, and other City services attributable to the sale or consumption of alcoholic beverages during the activity.

4.6.10 Duration of Permit The duration of a Special Event authorized pursuant to this subsection shall be set forth in the Special Event Permit, unless otherwise specifically authorized by the City Manager.

City of Dade City- Land Development Regulations - Revize

Documents

Transcript of City of Dade City- Land Development Regulations - Revize