§ 3.08.00. Development Standards for Uses Permitted with Conditions.  


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  • The purpose of this Section is to set the standards and requirements for Uses Permitted with Conditions. It is the intent of this Section to identify certain activities or structures, which, if the use or structure complies with specifically identified conditions, may be treated as a permitted use. At the Development Director's discretion, any development larger than five acres or development that may have compatibility concerns may be sent to the Planning and Zoning Board for approval. For the purposes of this Code, these uses shall be known as "Uses Permitted with Conditions." The regulations that govern Uses Permitted with Conditions are set forth in this Section. Where standards provided herein exceed and/or create greater restrictions than those of the underlying zoning district, this Section shall supersede any other provision of this Code. Where no standard is established in this Section, that of the relevant zoning district shall apply. Section 7.08.00 describes the standards and the review process for a Use Permitted with Conditions.

    (A)

    Identification and Determination of Uses Permitted with Conditions.

    (1)

    Pre-Application Conference/Application. A pre-application conference is optional at the applicant's and/or the Development Director's request if the applicant intends to operate a use or develop a structure that is intended to be occupied by a use set forth as a use Permitted with Conditions in Table 2.02.01(B). The purpose of the conference is to advise the applicant of any additional information required for the review of the application for a use Permitted with Conditions. Within ten days of the receipt of the application and all information requested, the Development Director shall inform the applicant if the application materials are sufficient for review and whether or not the application will require Planning and Zoning Board review.

    (2)

    Additional Applications. It is anticipated that there may be instances in which the applicant may not know at the time of the pre-application conference/original application all of the uses to which structure(s) in a development will be assigned, therefore, the applicant may seek a determination on whether a proposed use qualifies as a Use Permitted with Conditions from the Development Director at any time. An application shall be submitted with information, as the Development Director shall request. Within ten (10) days of receipt of the application and all the requested information, the Development Director shall inform the applicant of whether application materials are sufficient for review and whether or not the application will require Planning and Zoning Board review.

    (3)

    No person, however, shall have any right to operate a use identified as a Use Permitted with Conditions unless all of the conditions specified in the section related to that use or conditions set by the Planning and Zoning Board are currently and continuously complied with. It shall be a violation of this Code to operate any use delineated in this Article without complying with the applicable conditions.

    ** All Uses are listed in alphabetical order within their Use Class as included in the Table of Land Uses.

    3.08.01 Single Family Residential: Dwelling, Zero Lot Line Homes Please see Section 7.07.02 for requirements.

    3.08.02 Single Family Residential: Single Family, Manufactured Home (Mobile Home), Individual Each facility shall be designed to be compatible with the surrounding uses in architectural form and design. The following applies:

    (A)

    The manufactured home may not be more than five years old or have a roof pitch of less than 3:12.

    (B)

    The manufactured home must be skirted within 30 days of placement on the lot.

    (C)

    The manufactured home must be tied down according to State regulations.

    (D)

    Porches and awnings that are physically attached to manufactured homes are allowed.

    3.08.03 Single Family Residential: Manufactured Home Subdivision The purpose of this Section is to establish locations suitable for manufactured (mobile) home development in a residential subdivision, along with open space and other amenities for the common use of residents; to designate those uses and activities that are appropriate for and compatible with such areas; and to establish standards and provisions necessary to ensure proper development and public safety in a manufactured home subdivision setting.

    Manufactured home subdivisions are a permitted with conditions use in the R4 district. However, the development standards set forth in this Section shall supersede normal development standards applicable in R4. Development standards can be found in Article 2, Table of Development Standards, 2.02.01(C), under R4 zoning district.

    3.08.03.01 Development Standards

    (A)

    Minimum Lot Requirements for the Subdivision: Minimum Size for Development Site: Five acres with a minimum of 25 units. The maximum allowable density for a manufactured home subdivision is 10 units per acre as per the Comprehensive Plan of the City of Wauchula.

    (B)

    Minimum Yard Requirements for the Subdivision: No manufactured home or structure shall be placed less than 25 feet from the subdivision's perimeter lot line and said 25-foot setback shall be landscaped as a buffer area. The subdivision shall be permanently screened from adjoining and contiguous properties by a wall, fence, evergreen hedge, or other approved enclosure and shall have a minimum height of five feet and a maximum height of eight feet.

    (C)

    Individual Unit Requirements: The individual units being placed on the lots within the manufactured home subdivision must meet the requirements of Section 3.08.02.

    3.08.03.02 Allowable Accessory Uses

    (A)

    Clubhouse, laundry, swimming pool, and other shared facilities for the common use of the residents of the subdivision are allowed.

    (B)

    No more than one conventionally constructed single family home may be located in each subdivision, and of at least 600 square feet in size, for the use of a resident manager.

    (C)

    At least one storage area for boats, recreational vehicles, and other types of vehicles that exceed 30 feet in length is required. This storage area is for the use of subdivision residents only, and shall be fenced and landscaped. Storage of these units shall be prohibited on individual manufactured home sites or on subdivision roads.

    3.08.03.03 Other Requirements

    (A)

    Parking. For each manufactured home lot, one paved off-street parking space of ten feet by 20 feet, and surfaced in a stable manner, shall be provided. In addition, for every three manufactured home units, one visitor parking space must be provided.

    (B)

    Hurricane Shelter. Each manufactured home subdivision shall provide, and the homeowner's association shall maintain, one or more buildings to house guests in a permanent building in the event of a hurricane, at a rate of 20 square feet of habitable floor space per person for use during storm conditions. In addition, the following shall be provided and maintained by the homeowner's association: electrical generation for emergency lighting. Each building shall be built to conform with the Florida Building Code for hurricane shelters.

    To calculate the number of persons per subdivision that would require shelter, each manufactured home unit will be counted at a minimum of two persons per unit. Shelter space shall be provided for 100% of the total subdivision population figured at that rate.

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

    (C)

    Common Open Space. An area comprising 20% of the development site or 5 acres, whichever is less, shall be set aside as common open space. Common open space includes the total area within the subdivision which has been set aside for recreational use, stormwater management, or for preservation in its natural condition.

    (D)

    Ownership and Maintenance of Common Property. The developer shall establish a homeowners' association prior to vertical construction for the perpetual ownership and maintenance of open space, drainage facilities, buffer areas and screening, and other community facilities designated on the subdivision or site development plans for individual tracts. These facilities include, but are not limited to, pedestrian or bike paths, playgrounds, landscaped open spaces and buffer areas, lakes, swimming pools, clubhouses, tennis courts, parking lots, utilities, drainage channels, and retention/detention ponds. Roads shall also be included unless dedicated to the City of Wauchula for public use. Such organizations shall be created by covenants running with the land, and such covenants shall be included as part of the final subdivision plat of each phase and subject to approval of the City Commission

    In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after the establishment of the subdivision fail to maintain the common areas as previously defined above, in reasonable order and condition, and in accordance with the plat and subsequent final development plans, the City may serve written notice upon such organization and/or the owners or residents of the subdivision and hold a public hearing. If deficiencies of maintenance are not corrected within 30 days after such notice and hearing, the City shall call upon any public or private agency to maintain the common open space for a period of one year. If the City determines that the subject organization is not prepared or able to maintain the common open space, such public or private agency shall continue maintenance for yearly periods.

    The cost of such maintenance by the designated public or private agency shall be assessed proportionately against the properties within the subdivision which have a right of enjoyment of the common open space, and shall become a lien on said properties.

    Applicable requirements of this subsection shall be inserted into the legal documents of the homeowners' association or similar organization having legal ownership of common properties. These legal documents shall be structured to serve the following purposes:

    (1)

    To define what is owned and by whom, including the specific location and parameters of the individual units and the ownership interest in the common elements of the owners of the association or organization;

    (2)

    To establish a system of interlocking relationships binding each owner to all other owners for the purpose of maintaining and preserving what is owned and used in common;

    (3)

    To establish an array of protective standards or restrictions designed to establish limits and assure that a certain level of appearance is maintained;

    (4)

    To create an administrative vehicle, the owners' association, to manage those elements shared in common and to enforce standards;

    (5)

    To provide for the operation and financing of the association;

    (6)

    To specify the process involved in effecting the transfer of control of the association and responsibility for the common elements from the developer to the unit owners collectively; and

    (7)

    To set forth proper access and utility easements for the owners and the association.

    All common areas are to be properly defined in legal descriptions and must be consistent with the subdivision plat and subsequent final development plans of the subdivision.

    (E)

    Private Roads. Internal roads serving the subdivision may remain in the private ownership of the developer or may be conveyed to a home owners' association created under paragraph (D) above. However, such roads must be designed and constructed to meet all standards applicable to a public road serving the same function, including right-of-way widths.

    The City of Wauchula shall have no responsibility for maintenance of private roads, which shall be noted on the subdivision plat and in the homeowners' association documents. Should such roads be offered for public dedication in the future, the City shall not accept the dedication unless the roads are in good repair and in conformity with all codes and standards in effect at the time of dedication.

    If a guardhouse or other form of barrier is placed at the entrance to the subdivision for the purpose of restricting access, the developer or property owners' association shall be responsible for ensuring entry to the property for emergency vehicles. The City shall have no liability for injury or loss of life resulting from restricted access to the development.

    (F)

    Nonconformities. No new manufactured home sites may be added to an existing manufactured home subdivision in a R4 zone that does not comply with applicable requirements of this Code. However, existing vacant lots within the subdivision may be utilized and additional property and common facilities may be incorporated into the site if such activities will eliminate nonconforming conditions or reduce the degree of nonconformity. See Article 7, Section 7.11.00 "Nonconforming Uses."

    (G)

    Site Development Plan Required for Residential Manufactured Home Subdivision. A strictly residential manufactured home subdivision with associated allowable accessory uses and with no large-scale recreational facilities with commercial operations which may or may not be open to the public within the subdivision, such as golf courses or boating and fishing lakes with facilities or the like, are permitted in zoning category R4 with the approval of a subdivision plat and a Site Development Plan. No manufactured homes, structures, or facilities shall be installed or constructed until a site development plan meeting the requirements of Article 7, Section 7.05.00 "Site Development Plan" of this Code has been submitted to and approved by the City of Wauchula. All improvements, regardless of timing or project phasing, shall be substantially consistent with the approved site development plan.

    Where an existing manufactured home subdivision in R4 district has no site development plan, such a plan shall be prepared and submitted to the City prior to the addition, improvement, rearrangement, or replacement of subdivision facilities or manufactured homes.

    (H)

    Manufactured Home Subdivision as a PUD. All mixed-use manufactured home subdivisions shall be subject to the regulations set forth in this Code for a Planned Unit Development (PUD), Article 7, Section 7.04.00 "Planned Unit Development." A mixed-use manufactured home subdivision is one that contains large-scale recreational facilities with commercial operations which may or may not be open to the public within the subdivision, such as golf courses or boating and fishing lakes with facilities and the like.

    (I)

    Plat. The plat submitted to the Development Director shall contain the information required to plat a subdivision, found set out in Article 7, Section 7.06.00 "Subdivision Regulations," and include a large scale plan of typical manufactured home lot.

    3.08.04 Accessory Residential: Garage Apartment, Detached Please see Section 2.04.02 for requirements.

    3.08.05 Accessory Residential: In-law Units, Attached Please see Section 2.04.01 for requirements.

    3.08.06 Multi-Family Residential: Apartment Building This section applies to multifamily developments containing 12 or more residential units.

    (A)

    Private Residential Outdoor Areas.

    (1)

    Each ground-level residential living unit shall have an outdoor private area (patio, terrace porch, yard) containing at least 48 square feet and a width of at least four feet.

    (2)

    Private outdoor areas for multifamily residential units shall be screened from view from other residential units, abutting land uses, and public or private streets to the extent practicable using the orientation and location of structures, windows, and private outdoor spaces, landscaping and screening, natural features such as topography and open space, and built features such as windowless walls; provided, an applicant is not required to reduce the otherwise permitted density of a proposed development or to increase the cost of a proposed development by more than five percent per unit to comply with these standards.

    (B)

    Shared Outdoor Recreation Areas for Multifamily Residential Uses.

    (1)

    Usable outdoor recreation space shall be provided in residential development for the shared or common use of all residents in the following amounts:

    a.

    One and two-bedroom units, 200 square feet per unit; and

    b.

    Three or more bedroom units, 300 square feet per unit.

    (2)

    The required recreation space may be all outdoor space or part outdoor space and part indoor space and all public or common space or part common space and part private; provided, all public and common outdoor recreation spaces shall be readily observable from residential units and/or public or private streets to allow for surveillance that contributes to greater public safety.

    (3)

    Designated open space shall not include the following:

    a.

    Parking areas except those accessory to recreational uses.

    b.

    Utility easements and road rights-of-way.

    c.

    Perimeter setback areas, unless developed with bicycle or pedestrian trails.

    d.

    Sewer and/or water treatment plant sites.

    e.

    Land which has been or is to be conveyed to a public agency for public use via a purchase agreement or dedication for schools, parks, community buildings, or other public facilities (excluding drainage facilities).

    (C)

    The boundaries of public areas, such as streets or public gathering places, semipublic areas, such as transition areas between streets and dwelling units, and private outdoor areas shall be clearly defined so that a person can readily determine where the public space ends and the private space begins, such as by using one or more of the following:

    (1)

    A deck, patio, low wall, fence, or other suitable structures;

    (2)

    Landscaping, such as a hedge or draping vine on a trellis or arbor;

    (3)

    A change in the texture of the path material;

    (4)

    Signs; or

    (5)

    Substantial natural features, such as a drainageway or tree grove.

    3.08.07 Multi-Family Residential: Patio Homes Please see Section 3.08.06 for requirements.

    3.08.08 Multi-Family Residential: Townhouse Please see Section 3.08.06 for requirements.

    3.08.09 Multi-Family Residential: Triplex, Three Family Please see Section 3.08.06 for requirements.

    3.08.10 Group Care Facilities: Special Needs Care Facilities Each facility shall be designed to be compatible with the surrounding uses in architectural form and design. In addition to the applicable requirements in Section 2.03.06, the following applies:

    (A)

    All facilities shall be licensed according to State regulations.

    (B)

    Minimum lot requirements for child care facilities in any zone shall be 10,000 square feet.

    (C)

    Play and recreation areas shall be enclosed by a fence, wall, or other barrier and shall be shaded at least 50%.

    (D)

    The Development Director or the Planning and Zoning Board shall determine that adequate provision is shown for safe loading and unloading of children and other passengers from vehicles.

    (E)

    The Development Director or the Planning and Zoning Board shall determine that traffic and noise caused by such uses will not unreasonably and adversely affect the use and enjoyment of neighboring property by the owners thereof.

    (F)

    The Development Director or the Planning and Zoning Board shall determine that such uses and buildings meet a community need without adversely affecting the adjacent properties.

    (G)

    If reviewed by the Planning and Zoning Board, the Planning and Zoning Board may impose additional and further appropriate conditions and safeguards designed to preserve the general character of the district in which such uses are proposed to be located.

    3.08.11 Lodging: Hotel/Motel The Planning and Zoning Board must review proposed hotels and motels in the HC-1 and P-1 zoning districts for compatibility with the neighborhood and to ensure adequate parking can be achieved.

    (A)

    Newly constructed structures must conform to the surrounding development.

    (B)

    Parking requirements may be met through on-site, shared parking, and/or valet parking.

    3.08.12 Office/Financial/Medical Facilities: Medical/Dental/Health Care Office/Laboratory Laboratories are only allowed in the C-2 and I zoning districts.

    3.08.13 Personal Services: Body Art Shop (Tattoos)

    (A)

    Tattooing and piercing facilities must be licensed by the State as required in Florida Statutes Sections 381.00771 - 381.007791 and 381.0075, respectively, as may be updated.

    (B)

    A minimum distance of 500 feet from any residential district or use;

    (C)

    A minimum distance of 1,000 feet from any church, school, day care facility; and

    (D)

    A minimum of 1,000 feet distance between similar businesses.

    (E)

    The 1,000-foot restriction between such regulated uses may be waived by the Planning and Zoning Board, if the applicant demonstrates by substantial and competent evidence that:

    (1)

    The proposed use will not be contrary to the public interest or injurious to nearby properties and the spirit and intent of this Chapter will be observed,

    (2)

    The proposed use will not enlarge or encourage the development of a "blighted area" as defined in the Florida Statutes,

    3.08.14 Retail Commercial, No Outdoor Storage or Activities: Restaurant, Drive In or Drive Thru

    (A)

    Must meet requirements of Section 3.02.07.

    (B)

    A minimum distance of 100 feet to any residential district or use shall be maintained to the order (speaker) box or pick-up window.

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

    (A)

    Design Requirements

    (1)

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

    (2)

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

    3.08.16 Retail Commercial, No Outdoor Storage or Activities: Veterinary Clinic, Animal Hospital No Outdoor Kennels

    (A)

    All activities, with the exception of animal exercise yards, shall be conducted within an enclosed building.

    (B)

    If completely enclosed with four solid walls, buildings housing animal hospitals or veterinary clinics shall be located no closer than 50 feet from any adjacent residentially zoned property. Those that are not fully enclosed shall not be located closer than 150 feet from any adjacent residentially zoned property.

    (C)

    Exercise and confinement yards shall not be less than 200 feet from any dwelling unit on adjacent property and 150 feet from any residentially zoned property.

    (D)

    The operator of the animal hospital or clinic shall be responsible for using good management practices to discourage undesirable odors, insects, and excessive noise.

    3.08.17 Retail Commercial, No Outdoor Storage or Activities: Warehouse, Mini/Self Storage

    (A)

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

    (B)

    No mini-warehouse shall be used as a place of residence or as a storage location for hazardous materials.

    (C)

    Design Requirements

    (1)

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

    (2)

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

    3.08.18 Retail Commercial, Outdoor Storage: Commercial Parking Lot

    (A)

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

    (B)

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

    3.08.19 Retail Commercial, Outdoor Storage: Farmer's Market

    (A)

    An application for the Farmer's Market shall be submitted to the Development Director along with a plan of the proposed site showing the location of any tents in relation to entryways to businesses and any other features that affect accessibility to the site. The plan shall show any tables, display areas, or other equipment that will not be under tents.

    (B)

    Parking areas must be on site and clearly marked. No parking shall be allowed on the Right-of-way or Street.

    (C)

    Adult material is prohibited from being sold or purchased at Farmer's Markets. Adult material for purposes of this chapter is: any one or more of the following regardless of whether it is new or used:

    (1)

    Books, magazines, periodicals, other printed matter, photographs, films, motion pictures, videotapes, slides, computer digital graphic recordings, other visual representations, tape recordings, or other audio matter which have as their primary or dominant theme matter depicting, illustrating, describing, or relating to specified sexual activities or specified anatomical areas; or

    (2)

    Instruments, novelties, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

    (D)

    If canopies, tents, or other temporary facilities are utilized they shall be secured for safety and removed at the end of the day. If Fire Rated Commercial tents are used, they must be in compliance with all relevant Fire Code Regulations.

    (E)

    The Farmer's Market must comply with the provisions concerning noise set forth in Section 12-2 of the City's Code of Ordinances.

    (F)

    Mobile food vendors must display all State and Health Department permits.

    3.08.20 Retail Commercial, Outdoor Storage: Kennel (Outdoor) A kennel with outside runs, apiary, or aviary shall be located not less than 200 feet from any property under separate ownership or from residentially zoned property.

    3.08.21 Retail Commercial, Outdoor Storage: Nurseries and Garden Centers, Commercial Retail

    (A)

    All plant stock not enclosed within a structure shall be set back at least 50 feet from any property under separate ownership or from residentially zoned property.

    (B)

    Sufficient hard surface parking shall be provided on site to serve the anticipated need.

    (C)

    Parking areas for customers must be paved.

    (D)

    Fencing and screening must be provided in accordance with Section 3.02.05.

    (E)

    All lighting and electrical wiring must meet applicable codes.

    (F)

    No merchandise shall be within the required yard setbacks.

    (G)

    Greenhouses shall be maintained in good operating conditions.

    (H)

    All outside storage of planting materials (soils, sand, peat moss, etc.), nutrients, pest sprays, etc. shall be screened from view within commercial districts.

    3.08.22 Retail Commercial, Outdoor Storage: Veterinary Clinic or Hospital with Outdoor Kennels. See requirements under 3.08.20.

    3.08.23 Motor Vehicle Sales, Repairs, Rentals, Parts: Automobile, Truck, and Boat Sales, and/or Rental/Leasing Establishment with or without Repairs. Uses involving sales, and/or rental/leasing of motor vehicles or boats with or without repair services will conform to all applicable provisions of this Code and, in addition, the following requirements will apply.

    (A)

    A sales/rental office shall be located within a permanent building meeting Florida Building Code/State Regulations on the premises.

    (B)

    All inoperative motor vehicles shall meet the requirements of Section 2.03.03.

    (C)

    Automobiles stored on site shall be contained in a separate area not in required parking spaces.

    (D)

    All repair activities are conducted within a building or fully screened area.

    (E)

    Outside storage is confined to the rear of the property and visually screened in accordance with the buffer standards of Article 3.

    (F)

    Repair activities shall not generate noise, odors, or fumes that can be detected beyond the property lines.

    (G)

    Overhead doors are to remain closed to eliminate associated noise from such uses that are within 300 feet of any residential district or use. (Ventilation, exhaust, and air circulation should be considered by the prospective business operator and/or owner when the enactment of this condition is present. Such use may require special fans, air conditioning, etc.).

    (H)

    All lots shall be surfaced in a stable manner.

    (I)

    Landscaping and buffers are required.

    3.08.24 Motor Vehicle Sales, Repairs, Rentals, Parts: Mobile Home/RV Sales. See applicable requirements under 3.08.23.

    3.08.25 Motor Vehicle Sales, Repairs, Rentals, Parts: Major Repair, No Sales. Uses involving the major repair of vehicles will conform to all applicable provisions of this Code and, in addition, the following requirements will apply.

    (A)

    A service office shall be located within a permanent building meeting Florida Building Code/State Regulations on the premises.

    (B)

    All inoperative motor vehicles shall meet the requirements of Section 2.03.03.

    (C)

    Automobiles stored on site shall be contained in a separate area not in required parking spaces.

    (D)

    All repair activities are conducted within a building or fully screened area.

    (E)

    Outside storage is confined to the rear of the property and visually screened in accordance with the buffer standards of Article 3.

    (F)

    Repair activities shall not generate noise, odors, or fumes that can be detected beyond the property lines.

    (G)

    Overhead doors are to remain closed to eliminate associated noise from such uses that are within 300 feet of any residential district or use. (Ventilation, exhaust, and air circulation should be considered by the prospective business operator and/or owner when the enactment of this condition is present. Such use may require special fans, air conditioning, etc.).

    (H)

    All lots shall be surfaced in a stable manner.

    (I)

    Landscaping and buffers are required.

    3.08.26 Nonretail/Service Commercial/Light Industrial: Cabinet Shop.

    (A)

    All construction activities are conducted within a building.

    (B)

    All storage of machinery and equipment shall be placed in the rear or sides of the building and screened from street views with an opaque fence of sufficient height to hide the storage area.

    (C)

    Activities shall not generate noise, odors, or fumes that can be detected beyond the walls of the building in which the use is housed.

    (D)

    Overhead doors are to remain closed to eliminate associated noise from such uses that are within 300 feet of any residential district or use. (Ventilation, exhaust, and air circulation should be considered by the prospective business operator and/or owner when the enactment of this condition is present. Such use may require special fans, air conditioning, etc.).

    3.08.27 Nonretail/Service Commercial/Light Industrial: Contractor Storage Yard. See requirements under 3.08.33.

    3.08.28 Nonretail/Service Commercial/Light Industrial: Sales/Repair of Heavy Equipment. See requirements under 3.08.23.

    3.08.29 Nonretail/Service Commercial/Light Industrial: Warehouse.

    (A)

    Structures shall be set back 40 feet from the front lot line and 30 feet from side and rear lot lines.

    (B)

    No warehouse shall be used as a place of residence or as a storage location for hazardous materials.

    (C)

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

    3.08.30 Heavy Industrial: Bulk Storage of Explosive Gases. Storage tanks shall be located at least 75 feet from all property lines.

    3.08.31 Heavy Industrial: Commercial Incinerator

    (A)

    Minimum lot size shall be five acres.

    (B)

    Incinerator facility shall be located at least 300 feet from any existing residential structure.

    (C)

    Landscaping shall be provided in all setback areas according to landscape standard D (see section 3.07.00).

    (D)

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

    3.08.32 Heavy Industrial: Recycled Materials Processing Facility. Materials in a storage area collected for recycling purposes shall be screened from outside view by an opaque fence no less than six feet in height.

    3.08.33 Heavy Industrial: Storage of Sand/Gravel/Blocks.

    (A)

    The minimum lot size shall be one acre.

    (B)

    Stored materials shall be completely screened from view by an opaque fence no less than ten feet in height. Said fence may be constructed along property lines, but shall be set back no less than 25 feet from the right-of-way of any abutting public roads.

    (C)

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

    (D)

    In keeping with Section 3.06.02.04, all piles must be moistened and/or covered to prevent emissions into the air of dust or other solid material at or beyond the lot line of the property.

    3.08.34 Heavy Industrial: Truck and Motor Freight Terminals.

    (A)

    Development site shall have frontage on a road with a functional classification of "arterial."

    (B)

    Structures and truck parking areas shall be set back at least 25 feet from side and rear property lines.

    3.08.35 Public/Semi-Public Service Facilities: Maintenance Facilities & Storage Yards for Schools, Government Agencies, Telephone, and Cable Companies.

    (A)

    Stored materials shall be completely screened from view by an opaque fence no less than ten feet in height. Said fence may be constructed along property lines, but shall be set back no less than 25 feet from the right-of-way of any abutting public roads.

    (B)

    All lights shall be shielded to focus and direct light onto the uses established, and away from adjacent property, but may be of sufficient intensity to discourage vandalism and theft. Reference Section 3.05.00, Performance Standards, for applicable glare and lighting standards.

    3.08.36 Public/Semi-Public Educational Facilities: College/University.

    (A)

    Development site shall front on and primary ingress/egress points shall connect to an arterial road.

    (B)

    Landscaping of vehicle use areas shall be in accordance with Section 3.07.00. Landscaping shall be provided in all setback areas according to landscape standard C, except if a solid face masonry wall is utilized.

    3.08.37 Public/Semi-Public Educational Facilities: School Vocational, Technical, Trade. See requirements under [Section] 3.08.36.

    3.08.38 Places of Public Assembly: All Included Uses.

    (A)

    In residential zoning districts, the exterior of the building maintains a residential character that blends harmoniously with surrounding residential properties.

    (B)

    In a Residential Zoning District, the site shall be landscaped compatible with the residential setting.

    (C)

    The Site Development Plan shall be approved by the Development Director for safe and adequate ingress/egress.

    (D)

    The Site Development Plan shall show the necessary amounts of parking spaces and their location. Some parking may be designated on-street in Residential Zoning Districts, provided the Development Director, in coordination with the fire and police departments deem the roadway wide enough for emergency vehicles to pass. Restrictions for days/times may be placed on on-street parking. All parking must be delineated on the Site Development Plan, whether off-street or on-street.

    (E)

    In order to counteract the heat generated by large expanses of asphalt, and in order to blend in with the residential character of a neighborhood more effectively, large expanses of parking may be sodded rather than paved, or perforated pavers may be used; or a combination of the two.

    3.08.39 Pawn Shops

    (A)

    Limitation on hours of operation. Pawn shops may be open any time between 7:00 a.m. and 9:00 p.m. each day, Sunday through Saturday.

(Ord. No. 2014-19, § 2(Exh. A), 12-8-14)