§ 3.09.00. Development Standards for Uses Permitted by Special Exception.  


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  • The purpose of this section is to outline development standards for special exception uses, those which are permitted only through special application and public review. Its intent is to ensure that such uses, if approved, are compatible with surrounding properties, and are developed in suitable locations with those design features that are necessary to safeguard the public health, safety, and welfare.

    Special Exceptions shall be granted in accordance with the provisions of Article 7, Section 7.09.00 "Special Exceptions." Special standards and requirements presented in this Section are basic conditions for approval of the Special Exception and shall be binding on all development authorized under the Special Exception as listed below.

    The following standards apply to uses listed as "S" Special Exceptions in Article 2, Section 2.02.01, Table 2.02.01(A), and approved under the provisions of Article 7, Section 7.09.00 "Special Exceptions." 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.

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

    3.09.01 Agricultural Uses: Farm Labor Camp.

    (A)

    All facilities shall be constructed and licensed according to State regulations.

    (B)

    The maximum density of the farm labor camps shall not exceed the density permitted in the Comprehensive Plan.

    (C)

    Farm labor camps shall provide front, side, and rear yards of at least fifty feet.

    (D)

    A buffer area shall be provided according to Article 2, Section 3.07.00, between the camp and adjacent properties if the camp building footprint is located within 200 feet of the zoning lot line, or the adjacent property is under different ownership.

    (E)

    All structures containing dwelling units shall meet applicable Building Code Standards and shall be located a minimum of ten feet apart unless the structure is a dormitory. Dormitories shall be separated from other structures by a minimum of 20 feet.

    (F)

    All access drives serving the camp shall be at a minimum packed shell, gravel, or a similar material which will provide a relatively dust fee surface.

    (G)

    All camps shall provide adequate sewage disposal and water supply systems which meet all Federal, State, and local requirements.

    (H)

    All camps shall be maintained in a neat, orderly, and safe manner.

    (I)

    All special exception requests for farm labor camps shall be reviewed by the City Commission through a de novo proceeding following rendition of a decision by the Planning and Zoning Board.

    3.09.02 Single Family Residential: Single Family, Manufactured Home (Mobile Home), Individual. In the Conservation Zoning Category, a single family manufactured home meeting the requirements of Section 3.08.02 may be permitted as a park ranger/care takers home in keeping with the Conservation Future Land Use district.

    3.09.03 Single Family Residential: Manufactured (Mobile) Home Park. The purpose of this Section is to establish locations suitable for manufactured (mobile) home parks, 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 park setting.

    Manufactured home parks are permitted with special exception approval 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, 2.04.01(C), under R4 zoning district.

    3.09.03.01 Development Standards.

    (A)

    Minimum Lot Requirements for the Manufactured Home Park:

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

    (B)

    Minimum Yard Requirements for the Manufacture Home Sites:

    (1)

    No manufactured home or structure shall be placed less than 25 feet from the perimeter lot line of the manufactured home park and said 25-foot setback shall be landscaped as a buffer area. The premises 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.

    (2)

    Manufactured homes and structures shall be placed at least 20 feet from the pavement edge of private park roads, which shall also be landscaped.

    (C)

    Individual Unit Requirements: The individual units located within the manufactured home park must meet the requirements of Section 3.08.02.

    3.09.03.02 Allowable Accessory Uses.

    (A)

    Clubhouse, laundry, swimming pool, and other shared facilities for the common use of the residents of a manufactured home park are allowed.

    (B)

    No more than one conventionally constructed single family home may be located in a manufactured home park, 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 manufactured home park residents only, and shall be fenced and landscaped. Storage of these units shall be prohibited on individual manufactured home sites or on a manufactured home park road.

    3.09.03.03 Other Requirements.

    (A)

    Parking. For each manufactured home site, 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 park shall provide 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: 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 manufacture home park that would require shelter, each manufactured home unit space 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)

    Recreation Area. A recreation area equal to a minimum of 500 square feet per dwelling unit shall be provided, exclusive of perimeter buffer yards, easements, drainage retention areas, and preservation areas. Recreation areas shall be accessible to all residents within the park. In no case shall a recreation area be less than 10,000 square feet in area.

    (D)

    Streets. The following street development standards shall apply to all manufactured home parks:

    (1)

    All streets within a manufactured home park shall be privately owned and maintained. Roads shall be designed and constructed in accordance with the standards for private roads.

    (2)

    Access to manufactured home parks shall be provided by an entrance road connected to a collector or arterial road.

    (3)

    Entrance roads shall provide a minimum of 50 feet of right-of-way for the first 100 feet and provide not less than 20 feet of pavement with a 50-foot minimum turn-off apron.

    (4)

    Dead end streets shall be no longer than 1,000 feet and be constructed with a cul-de-sac having a minimum diameter of 60 feet.

    (E)

    Utilities. Areas must be designated for all appropriate utility service lines, including, but not limited to, water, sewer, gas, electric, telephone, and cable to provide access to serve each lot and make necessary repairs. Such easements may utilize street right-of-way, open space, and buffer areas as agreeable to the owner and the utility provider.

    (F)

    Nonconformities. No new land for manufactured homes may be added to an existing manufactured home park in a R4 zone that does not comply with applicable requirements of this Code. However, existing vacant manufactured home sites within the subdivision may be utilized and previously installed units may be moved. 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 Park. 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 park 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 park facilities or manufactured homes.

    3.09.04 Single Family Residential: Single Family, Cluster Subdivision. See Section 7.07.01.

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

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

    3.09.07 Lodging: RV Park/RV Campground with or without Tent Camping. It is the purpose of these standards to provide minimum development guidelines for an RV Park /RV Campground with or without tent camping designed to accommodate the RV (recreational vehicle). For the purposes of this Code, an RV Park and RV Campground are defined as follows:

    RV Park: A development in which RVs and/or "park model manufactured homes" are permanently sited and occupied year round.

    RV Campground: A development for overnight or limited vacation and/or seasonal short-term stays, designed exclusively for pull-through models. An RV campground may include areas for tent camping.

    3.09.07.01 General Requirements.

    (A)

    The development standards of this section shall apply to both RV Parks and RV Campgrounds as applicable.

    (B)

    Within the R-4 district only, combination recreational vehicle park/manufactured home development may be allowed within a single project. In such cases, the recreational vehicle portion of the project shall comprise more than 50% of the total approved lots. Manufactured home and recreational vehicle portions of the project shall be clearly identified on the development plan. Combination parks shall meet all of the standards for recreational vehicle parks, except that the minimum lot area for manufactured homes within combination parks shall meet the lot size requirements for manufacture homes within a manufactured home park.

    3.09.07.02 Environmental Requirements.

    (A)

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

    (B)

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

    (C)

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

    3.09.07.03 Tract Requirements.

    (A)

    Minimum tract size for a RV park or campground development shall be five acres.

    (B)

    Minimum width of the tract shall be 100 feet at the front building setback line.

    (C)

    Minimum perimeter setbacks shall be as follows:

    (1)

    No RV or structure shall be placed less than 25 feet from the any lot line and said 25-foot setback shall be landscaped as a buffer area. The premises 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.

    (2)

    RVs and structures shall be placed at least 20 feet from the pavement edge of private park roads, which shall also be landscaped.

    (D)

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

    3.09.07.04 Vehicle Site Requirements.

    (A)

    Maximum density shall be ten sites per net acre.

    (B)

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

    (C)

    The addition or attachment of any permanent structures, such as awnings, porches, carports, or individual storage facilities, not specifically designed and included as a standard part of the original RV, shall be expressly prohibited in an RV Campground. Such additions to park model RVs may be permitted in an RV Park, so long as they meet all required setbacks and all other requirements of this Code and State Regulations.

    (D)

    Each RV Park site shall contain a concrete patio slab not less than ten feet by 20 feet in dimension.

    3.09.07.05 Recreational and Open Space Requirements. There shall be provided within a RV park or campground at least one area designed for recreational and open space use that is easily accessible from all vehicle sites. The size of such recreation area shall not be less than 10% of the entire tract area or 5 acres whichever is less.

    3.09.07.06 Street System and Off-Street Parking Requirements.

    (A)

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

    (B)

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

    (C)

    Internal Streets. All streets shall be privately owned and maintained. Road surfacing shall meet the following minimum width requirements:

    (1)

    One-way travel: 12 feet.

    (2)

    Two-way travel: 20 feet.

    (3)

    All travel trailer spaces shall abut upon a driveway of not less than 20 feet in width, which shall have unobstructed access to the park street system.

    (D)

    Off Street Parking and Maneuvering Space

    (1)

    Each RV Park site shall contain a designated area for the parking of at least one automobile.

    (2)

    Each RV Park shall have an additional vehicular parking area for guest parking, to provide parking at a ratio of one parking space for every two home sites and tent camping sites. Each RV Campground shall provide guest parking at a ratio of one parking space for every five home sites.

    (3)

    Each RV Campground that includes tent camping shall provide an area for the parking of at least one automobile per tent site.

    (4)

    Each RV park or campground shall be designed so that parking, loading, or maneuvering of vehicles incidental to parking spaces shall not necessitate the use of any public street, sidewalk, or right-of-way, or any private grounds not part of the RV park or campground parking area.

    (5)

    Sufficient maneuvering space and off-street parking facilities shall be provided at each site to accommodate a towing vehicle, if any.

    3.09.07.07 Service Requirements. At least one central service building containing the necessary sanitary and plumbing facilities for the use of persons using the park for tent camping in areas designated as tent camping only within a Recreational Vehicle Campground must be provided. Tent camping may also occur in a RV space with all the aforementioned requirements. Service buildings shall be located for convenient access to all lots. The following requirements must be met to accommodate RV spaces in RV parks and campgrounds.

    (A)

    Water Supply System. Connection to a potable public supply of water is required. Provision of water supply, water storage, and water distribution shall be made in accordance with requirements and standards established by this Code and the State of Florida. Each space shall be provided with a cold water tap at least four inches above the ground.

    (B)

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

    (C)

    Sewage Disposal System. The RV park or campground sewerage system shall be connected to the City's public sewage system. The distribution system shall be designed, constructed, and maintained in accordance with requirements of this Code and by the State of Florida.

    (D)

    Sanitary Connections. Each RV park or campground shall be provided with individual connections to each vehicle site in the RV park or campground.

    There shall be toilet and other sanitation facilities and lavatory, shower, and dressing room facilities provided, one for each ten spaces or fraction thereof for RV campgrounds.

    (E)

    Laundry Facilities. One automatic washer, one automatic dryer, and one double sink shall be provided for each 25 spaces or fraction thereof for RV Campgrounds.

    (F)

    Electrical and Gas Systems. Each RV park or campground shall be provided with an electrical or gas system that shall be installed and maintained in accordance with applicable codes and regulations. Each space shall be provided with an electrical outlet consistent with the National Electric Code.

    (G)

    Walkways and Driveways Lighted. All driveways and walkways within the park/campground shall be hard-surfaced and lighted at night with electric lamps type sodium vapor of not less than 100 watts each, spaced at intervals of not more than 100 feet.

    (H)

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

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

    3.09.07.08 Refuse Handling.

    (A)

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

    (B)

    Location. All refuse shall be stored in watertight, fly-proof, rodent-proof containers.

    3.09.07.09 Service Buildings and Facilities.

    (A)

    General. The requirements of this section shall apply to service buildings, recreation buildings, and other service facilities, such as management offices; repair shops and storage areas; sanitary facilities; laundry facilities; or indoor recreation areas.

    (B)

    Service Building for Dependent Vehicles. A central service building containing the necessary toilet and other plumbing fixtures specified by the State of Florida shall be provided in a RV park campground that provides vehicle sites for guest vehicles. Service buildings shall be conveniently located within a radius of approximately 300 feet of the sites to be served.

    (C)

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

    (D)

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

    (E)

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

    3.09.07.10 General Operating Requirements

    (A)

    General. The person to whom appropriate permits and licenses are issued shall operate the RV park or campground at all times in compliance with applicable state and local laws pertaining to the management and operation of such a facility.

    (B)

    Duration of Stay in a RV Campground. Vehicle sites shall be rented by the day or week only, and the occupant of a vehicle site shall remain at that site and within the RV campground for a limited period of time consistent with the special seasonal, vacation, and transient requirements of the RV user, but in no case exceeding 180 calendar days within any 365-day period, whether accumulated consecutively or intermittently. Tent camping, which must occur on an intermittent basis, shall not exceed 120 calendar days within any 365 day period.

    It shall be the duty of each licensee and permittee to keep a register containing a record of all RV owners and occupants within the park/campground.

    (C)

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

    3.09.07.11 Permit Procedures and Requirements

    (A)

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

    (B)

    Health and Sanitation Permit. After receipt of required land use approvals, applicant shall then apply for and receive a health and sanitation permit for the proposed RV park or campground from the Hardee County Health Department and the State of Florida in accordance with the requirements of appropriate agencies. A Certificate of Occupancy will not be issued until a permit has been obtained.

    (C)

    Building Permit. Upon completion of (A) and (B) above, application shall be made to the Development Director for the building permit to construct, alter, or extend a RV park or campground in accordance with the provisions of this Section and all applicable Florida Building Code requirements. Before issuing a building permit for the construction, alteration, or extension of a RV park or campground, the Development Director shall determine that all applicable review procedures and standards required under this Code have been satisfactorily met.

    3.09.08 Retail Commercial, No Outdoor Storage or Activities: Adult Entertainment Establishments.

    (A)

    New Establishments. New adult entertainment establishments shall be permitted in the Industrial (I) district subject to the following standards:

    (1)

    No adult entertainment establishment shall be located within 500 feet of any property zoned Residential or Agricultural, or property within unincorporated Hardee County zoned for agricultural or residential use;

    (2)

    No adult entertainment establishment shall be located within 2,000 feet of any day care center or public recreation facility;

    (3)

    No adult entertainment establishment shall be located within 2,500 feet of any church or school; and

    (4)

    No adult entertainment establishment shall be located within 1,000 feet of another adult entertainment establishment.

    (B)

    Non-Conforming Establishments. Adult entertainment establishments legally in operation prior to the effective date of this Code may continue to operate as a non-conforming use in accordance with Article 7.

    Adult entertainment businesses established under paragraph (A) above shall not be rendered non-conforming by any of the following subsequent occurrences:

    (1)

    The rezoning of property within the City of Wauchula or unincorporated Hardee County for agricultural or residential use;

    (2)

    The placement of a day care center or public recreation facility within 2,000 feet; and

    (3)

    The placement of a church or school within 2,500 feet.

    (C)

    Measurement of Distances. Distances shall be measured from property line to property line, along the shortest distance between property lines, without regard to the route of normal travel.

    (D)

    Applicability of Other Laws and Ordinances. Nothing in this subsection shall be construed to permit the operation of any business or the performance of any activity prohibited under any other section of this Code or other applicable law or regulation. Additionally, nothing in this Code shall be construed to authorize, allow, or permit the establishment of any business, the performance of any activity, or the possession of any item, which is obscene under the judicially established definition of obscenity.

    3.09.09 Office/Financial/Medical facilities: Medical Cannabis Dispensing Facility.

    (A)

    Limitation on Number of Facilities: In accordance with F.S. § 381.986(8)(b), the City of Wauchula limits the number of medical cannabis dispensing facilities within the City limits to one facility. This facility must meet the location criteria separation distances included in Chapter 3: Alcoholic Beverages and Medical Cannabis Dispensing facilities Regulations

    (B)

    Compliance with Code Requirements: All requests and approved uses must comply with the applicable requirements in the Code of Ordinances Chapter 3: Alcoholic Beverages and Medical Cannabis Dispensing Facilities Regulations and the requirements of F.S. § 381.986(6).

    (C)

    Zoning Restrictions: Medical cannabis dispensing facilities shall be permitted as special exceptions in only the C-2 and I zoning districts throughout the City, as further defined and/or restricted by Chapter 3 of the Code of Ordinances, and only through the special exception approval process required through Section 7.09.00.

    (D)

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

    3.09.10 Retail Commercial, No Outdoor Storage or Activities: Shopping Center /Big Box Retail (>150,000 SFGLA). It is the purpose of these standards to provide minimum development guidelines for a shopping center of greater than 150,000 s.f. of gross leasable area (SFGLA). These provisions are intended to protect established or permitted uses in the vicinity of such a shopping center and to protect and promote the orderly growth and development of 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 10 feet, of the property line.

    (3)

    Landscaping: Canopy and buffer yards shall be provided in accordance with the standards Buffer Yard "D." See Section 3.07.00.

    3.09.11 Retail Commercial, Outdoor Storage: Flea Market. It is the purpose of these standards to provide minimum development guidelines for a flea market in the C-2 and Industrial Zoning District, to protect established or permitted uses under these regulations in the vicinity of such a facility, and to protect and promote the orderly growth and development of Wauchula.

    (A)

    General Requirements. Flea markets shall be permitted only on property fronting on a major arterial road, with all major points of ingress and egress connecting to that road. At least one enclosed building of 300 square feet in size shall be constructed on the property.

    (B)

    Development Requirements. The minimum size shall be 10 vendor spaces and five acres. Each vendor space must be a minimum of 100 square feet per space. No more than 40% of the development site shall be covered by permanent or temporary structures. The lot width shall be a minimum of 100 feet. The setbacks shall be 50 feet from the front, 30 feet from the side and 30 feet from the rear.

    (C)

    Fees. An applicant for a flea market business license shall pay any and all fees, as set by the City Commission.

    (D)

    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 standards.

    (2)

    Fencing. Where a property line abuts and is contiguous to property zoned for residential use, a six-foot solid masonry wall shall be constructed along the property line. At the discretion of the Development Director, a landscaped buffer may be substituted for this requirement in accordance with Section 3.07.00. Within required structural setback distances from public roads, the height of the wall shall be four feet.

    (3)

    Drives. Drives shall have a smooth, stabilized, and dustless surface.

    (4)

    Landscaping. 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 "D", except where a solid face masonry wall is required.

    (5)

    Restrooms. Restroom facilities shall be provided to adequately serve the customers anticipated to frequent the flea market.

    3.09.12 Retail Commercial, Outdoor Storage: Recycling Center (Outdoor). See Section 3.08.31.

    3.09.13 Motor Vehicle Sales, Repairs, Rental, Parts: Auto Salvage Yard/Wholesale Parts.

    (A)

    All inoperative motor vehicles shall be stored in the rear of the premises and shall be permanently screened from adjoining properties and/or public streets by a visual buffer such as a wall, fence, evergreen hedge and or other approved enclosure. Such wall, etc., shall be approved by the administrative official and shall be at least six feet in height.

    (B)

    No inoperative vehicle shall be permitted to be stored on the premises exceeding six months.

    (C)

    Not more than three inoperable vehicles may be stored at any one time. See "Junkyard" for a business which stores more than three inoperable vehicles.

    3.09.14 Motor Vehicle Sales, Repairs, Rental, Parts: Junkyards.

    (A)

    Storage of Materials.

    (1)

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

    (2)

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

    (3)

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

    (4)

    Recyclable material that cannot be stored in bins or containers may be stored in the open for a period not to exceed 30 days.

    (5)

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

    (6)

    In any open storage area, it shall be prohibited to keep any ice box, refrigerator, deep-freeze locker, clothes washer, clothes dryer, or similar air-tight unit having an interior storage capacity of 1.5 cubic feet or more from which the door has not been removed.

    (B)

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

    (1)

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

    (2)

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

    (3)

    The screen shall be constructed of the noncorrosive material throughout.

    (4)

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

    3.09.15 Heavy Industrial: Recycled Materials Processing Facility. See Section 3.08.32.

    3.09.16 Heavy Industrial: Storage of Sand/Gravel/Blocks. See Section 3.08.33.

    3.09.17 Public/Semi Public Service facilities: Communications Towers and Antennas.

    (A)

    Receive Only Antennas/Residential Personal Wireless Services. This section shall not apply to antennas that are used exclusively to receive signals, such as those that receive video programming services via multi-point distribution services, and those which receive television broadcast signals. Further, this section shall not apply to antennas attached to single family dwelling units that are utilized, solely, to provide personal wireless services to the occupants of the single family dwelling unit. Regulations for those type of antennas and dishes are found in Article 2, Section 2.06.05.

    (B)

    Special Exception. Communications Towers and Antennas shall only be allowed with the approval of a special exception and only in agriculture and industrial zoning districts, as designated in Article 2, Section 2.02.00, Table 2.02.01(A) "Table of Land Uses" of this Code. The Special Exception Use request shall be considered and reviewed under the regulations set forth in Article 7, Section 7.08.00 "Special Exceptions," except as noted here under (I), (J) and (K). As a condition of the special exception, an extended time limit for establishment purposes may be granted.

    (C)

    Purpose. The purpose of this section is to provide for the siting, performance, and construction standards and general regulations governing communications towers and antennas; and to:

    (1)

    Minimize adverse visual impacts of communications towers and antennas through appropriate design, siting, and landscape screening; and

    (2)

    Accommodate the growing need for communications towers and antennas, while promoting and encouraging collocation of antennas on new and existing towers as a primary option rather than construction of additional single use towers.

    (D)

    Definitions. Definitions for Camouflaged Construction, Communications Tower, Communications Antenna, FAA, and FCC shall be added to Article 9. As used in this section, the following terms shall have the meanings as set forth below:

    (1)

    Height shall mean, when referring to a communications tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

    (E)

    Applicability. All new communications towers and communications antennas located in the City shall be subject to the regulations contained in this section except as provided herein.

    (F)

    Exceptions

    (1)

    Amateur Radio Station Operators. This section shall not apply to any communications tower or communications antenna that is owned and operated by a federally licensed amateur radio station operator that is less than the maximum height allowed in any zoning district. In addition, the said owner/operator must comply with any and all applicable federal and state laws, regulations and standards and the installation and use of the equipment must be in accordance with manufacturer's specifications, and grounding standards in conformance with those established by the National Electric Safety Code.

    (2)

    AM Array. For purposes of this section, an AM array, consisting of one or more tower units and supporting ground system that functions as one AM broadcasting antenna, shall be considered one 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.

    (3)

    Antennas Installed Prior to this Amendment. All communications towers and communications antennas legally installed in the City prior to the effective date of this amendment to the Unified Land Development Code shall be considered permitted nonconforming uses, allowed to continue their usage as they presently exist; provided, however, that anything other than routine maintenance, shall comply with the requirements of this section. See Article 7, Section 7.11.00 "Nonconformities", and specifically Section 7.11.07 for further regulations.

    (4)

    Government Owned and/or Operated Antennas. This section shall not apply to communications towers and communications antennas approved by the City and that are governmentally owned and/or operated and primarily used for public health and safety.

    (G)

    Regulations for Communications Antennas

    (1)

    To encourage collocation and to minimize the number of communications towers within the City, communications antennas shall be considered a permitted accessory use when placed on or attached to any structure which constitutes a principal use, including existing communications towers (whether or not such tower is considered a principal or accessory use). Subject to the height restrictions for each zoning district and set forth in the Table of Development Standards, Article 2, Table 2.02.01(C) for communications towers, communications antennas height restrictions shall be as follows:

    a.

    In approved zoning districts, communications antennas shall not extend more than the district height maximum requirement as listed in Article 2, Table 2.02.01(C).

    (2)

    Communications antennas shall not be placed on, or attached to, any structure used as a single family dwelling unit;

    (3)

    Communications antennas, including any supporting electrical and mechanical equipment, must be operated and installed in accordance with all applicable state or federal laws, regulations and standards, including applicable FCC regulations relating to radio frequency emissions and manufacturer standards.

    (4)

    Where reasonably practical, communications antennas, and any supporting electrical and mechanical equipment, shall be designed and installed to blend into or meet the aesthetic character of the principal structure to which it is attached. Other than camouflaged communication antennas, communications antennas shall not be placed on historic landmarks, recognized by federal, state, local law or ordinance, or listed in the National Register of Historic Places.

    (5)

    If a communications antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

    (6)

    Communications antennas, including any supporting electrical or mechanical equipment, shall comply with the minimum accessory building setback requirements of the district in which they are located.

    (H)

    Regulations for Communications Towers

    (1)

    Lot Size. For purposes of determining whether the installation of a communications tower complies with the Table of Development Standards, Section 2.02.01(C) in any zoning district, the dimensions of the entire lot shall control, even though the tower may be located on leased parcels within such lot.

    (2)

    Communications towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. Communications towers not requiring FAA painting/marking shall have either a galvanized finish or be painted a noncontrasting blue, gray, or black finish. The color should be selected so as to minimize the equipment's obtrusiveness.

    (3)

    The design of the buildings and related structures at a tower site shall, to the extent practicable, use materials, colors, and textures that will blend them into the natural setting and surrounding buildings.

    (4)

    Building Codes and Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that communications towers, and any accessory structures are designed, constructed, and maintained in compliance with the City's codes and to the extent not in conflict therewith, the applicable standards that are published by the Electronic Industries Association, as amended. Designs for new communications towers shall be signed and sealed by an engineer registered in the State of Florida.

    (5)

    Setbacks. Communications tower setbacks shall be measured from the base (including foundations above ground level) of the tower or protruding accessory building structure at the base of the tower, whichever is closest to the property line of the parcel on which it is located.

    Each tower shall be set back from all property lines a distance equal to its height. Alternatively, a statement from a registered engineer in the State of Florida may be provided to certify that, in the event of structural failure, the tower would fall within the boundaries of the property on which it is located. In no case shall the tower be set back a distance of less than 50% of its height.

    (6)

    Separation from Off-site Uses/Designated Areas. The following separation from off-site uses/designated areas shall apply to all communications towers. Communications tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated area as specified in Table 3.09.17(A) below.

    Table 3.09.17(A) Separation Distance for Communications Towers

    Off-site Use/Designated Area Separation Distance
    Single family or duplex residential units, including modular homes and mobile homes used for living purposes. 200 feet or 300% height of tower, whichever is greater.
    Vacant land zoned residential single family or duplex, which is either platted or has preliminary subdivision plan. 200 feet or 300% height of tower, whichever is greater. Separation is measured from base of tower to closest residential lot line.
    Vacant unplatted residentially zoned lands. Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex. 100 feet or 100% height of tower, whichever is greater.
    Existing multi-family residential units of a greater density than duplex units. 100 feet or 100% height of tower, whichever is greater.
    All lands zoned or used other than for residential. None; only setbacks set forth in Subsection (5) "Setbacks."

     

    (7)

    Separation Distances Between Communications Towers. Separation distances between communications towers shall be measured between the proposed tower and the preexisting tower and shall be as specified in Table 3.09.17(B) below. The separation distance shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan.

    Table 3.09.17(B) Separation Distance between Towers

    Lattice Monopole or Guyed
    Greater than 75 feet
    Monopole, Camou-
    flaged,
    or Guyed up to 75 feet
    Lattice 2500 feet 1500 feet 750 feet
    Monopole or Guyed greater than 75 feet 1500 feet 1500 feet 750 feet
    Monopole, Camouflaged, or Guyed up to 75 feet 750 feet 750 feet 750 feet

     

    (8)

    Security Fencing. Communications towers, including accessory structures, shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device.

    (9)

    Landscaping. Landscaping, as required by this section, shall be installed on the outside of security fences. Further, existing vegetation shall be preserved to the maximum extent and may be used as a substitute of or in supplement towards meeting landscaping requirements. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent. In cases such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer. Further, in cases where the tower is sited on paved or impervious surfaces, such as parking lots, the placement of landscaping required by this subsection may be modified so long as equivalent screening is provided. Camouflaged communication towers are exempt from the requirements of landscaping and buffering. The following landscaping and buffering of communications towers shall be required around the perimeter of the tower and accessory structures:

    a.

    A row of trees a minimum of eight feet tall and a maximum of twenty-five feet apart shall be planted around the perimeter of the fence and be in place when the tower is completed; and

    b.

    A continuous hedge at least 30 inches high at planting capable of growing to at least 36 inches in height within 18 months shall be planted in front of the tree line referenced above; and

    c.

    All landscaping shall be of the evergreen variety; and once installed, shall be preserved and maintained in an appropriate manner.

    (10)

    Height. No communications tower, whether freestanding or installed on another structure, shall exceed 200 feet in height from ground level. An existing communications tower may be modified to a taller height, not to exceed 200 feet in total height, to accommodate the collocation of an additional communications antenna(s); provided however, that any communications tower modified by greater than 40 feet must continue to be in compliance with all requirements of this section.

    (11)

    Type of Construction. Communications towers shall be monopole, guyed, lattice, or camouflaged construction.

    (12)

    Signs and Advertising. The use of any portion of a communications tower for sign or advertising purposes including, without limitation, company name, banners, or streamers, is prohibited.

    (13)

    Illumination. Communications towers shall not be artificially lighted except to assure human safety or as required by the FAA.

    (14)

    Collocation

    a.

    Monopole communications towers shall be engineered and constructed to accommodate a minimum of one additional communication service provider.

    b.

    Lattice communications towers shall be engineered and constructed to accommodate a minimum of two additional communication service providers.

    c.

    Camouflaged communication towers may be engineered and constructed without accommodating additional communication service providers.

    d.

    Communications towers located within electrical substations may be engineered and constructed without accommodating additional communication service providers.

    e.

    Onsite Relocation. A communications tower which is being rebuilt to accommodate the collocation of an additional communication antenna may be moved onsite within 50 feet of its existing location, however, the tower shall meet the setback requirements of this section. After the communications tower is rebuilt to accommodate collocation, only one tower may remain on the site. The relocation of a tower in accordance with this subsection shall in no way be deemed to cause a violation of this section.

    (15)

    Noninterference. No communications tower or communications antenna shall interfere with public safety communication. Frequency coordination is required to ensure noninterference with public safety systems and/or public safety entities.

    (I)

    Procedure for Obtaining a Special Exception. In addition to the requirements of Article 7, Section 7.09.00 "Procedure for Obtaining a "Special Exception", the following items are required.

    (1)

    Site Plan. A site plan, scaled at a standard engineering scale, clearly indicating the location, type and height of proposed tower, on-site land uses and zoning, adjacent land uses and zoning, separation distances as set forth in Tables 3.09.17(A) and 3.09.17(B) of this section, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of proposed tower and any other structures, topography, parking, and any other information deemed by the City to be necessary to assess compliance with this section;

    (2)

    Separation distances between proposed tower and nearest residential unit; and between the proposed tower and other existing towers within one mile of the site including information about the nearest tower including height and design;

    (3)

    Proposed landscape plan;

    (4)

    Method of fencing, finished color, and if applicable, the method of camouflage and illumination;

    (5)

    A notarized statement of the applicant as to whether construction of the tower will accommodate collocation of additional communications antennas for future users.

    (6)

    Identification by map of applicant's existing communications towers within the City; and

    (7)

    A description of the applicant's authorized radio frequencies.

    (J)

    Approval by the City Commission. The Special Exception must be approved by the City Commission. In determining whether to grant a Special Exception Use pursuant to this section, the City Commission shall consider the following factors:

    (1)

    Height of proposed tower;

    (2)

    Nature of uses on adjacent and nearby properties and the proximity of the tower to all adjacent land uses.

    (3)

    Surrounding topography;

    (4)

    Surrounding tree coverage and foliage;

    (5)

    Design of the tower and particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, such as camouflaged construction;

    (6)

    Proposed ingress and egress;

    (7)

    Availability of suitable existing towers, other structures, not requiring the use of towers; and

    (8)

    The Commission shall not consider the environmental effects of radio frequency emissions, to the extent that the proposed tower, and attached communication antennas and related structures comply with the FCC's regulations concerning such emissions.

    (9)

    Availability of Suitable Existing Towers or Other Structures. No Conditional Use shall be granted for a new tower unless the applicant demonstrates that no existing tower or structure can accommodate the applicant's proposed communications antenna(s). In this regard, an applicant shall submit information which may consist of the following:

    a.

    No exiting towers or structures are located within the geographic area which meet the applicant's engineering requirements.

    b.

    Existing towers or structures are not of sufficient height.

    c.

    Existing towers do not have sufficient structural strength to support equipment.

    d.

    The applicant's proposed communications antenna would cause electromagnetic interference with the antenna on the existing tower or vice versa.

    e.

    The fees, costs, contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

    f.

    The applicant demonstrates that there are other limiting factors that render existing tower and structures unsuitable.

    (K)

    Denial by the City Commission. Any decision by the City Commission to deny a request for a Special Exception Use shall be in writing and supported by competent, substantial evidence contained in a written record.

    (L)

    Abandonment. In the event the use of any communications tower or communications antenna has been discontinued for a period of 180 consecutive days, the tower or antenna shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower or antenna shall have an additional 180 days within which to reactivate the use, transfer the ownership/operation to another actual user, or dismantle the tower. The owner of the real property shall be ultimately responsible for all costs of dismantling and removal, and in the event the tower is not removed within 180 days of abandonment, the City may initiate legal proceedings to do so and assess the costs against real property.

    (M)

    Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Legally nonconforming communications towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain Special Exception approval. The type, height, and location of the tower on site shall be the same type and intensity as the original facility. Building permits to rebuild the facility shall comply with applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained, or said permit expires, the communications tower or antenna shall be deemed abandoned.

(Ord. No. 2016-02, § 2(Exh. A), 4-11-2016)