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HomeMy WebLinkAboutOrdinance - City Council - Regular - 3841 - 10/1/2018ORDINANCE NO. 3841 AN ORDINANCE To Be Entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, AMENDING THE CITY CODE, SUB-PART B, LAND DEVELOPMENT CODE, AMENDING CHAPTER 118 LAND USE REGULATIONS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, that: SECTION 1. The City Code of the City of Fort Myers, Florida, Sub-Part B, Land Development Code, Chapter 118 Land Use Regulations, is hereby amended in its entirety and attached hereto as Exhibit A to this ordinance. SECTION 2. Severability. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than that part declared to be invalid. SECTION 3. Effective Date. This ordinance shall become effective immediately upon adoption. ORDINANCE NO. 3841 PASSED IN PUBLIC SESSION of the City Council of the City of Fort Myers, Florida, on October 12'8. AuL \-VW¥t--~Vdc6 wflJ ~ J¼t­ ~ Terolyn P . Watson Teresa Watkins Brown Fred Burson APPROVED on October 1, 2018. Mayor Randall P. Henderson, Jr: EXHIBIT A Chapter 118 -LAND USE REGULATIONS ARTICLE 1. -GENERAL PROVISIONS 118.1.1 -Purpose. The city is divided into zoning districts established in this article of the Land Development Code with the intent: A. To provide for the geographic distribution of land uses as contemplated by the goals, objectives, and policies in the comprehensive plan; B. To maintain stability in land use commhments through the provision of harmonious groupings of uses possessing compatible characteristics and levels of activity; C. To maintain commitments in public service facilities, such as transportation systems, parks, and utilities; and D. To provide an efficient and compatible relationship of land uses and zoning districts. 118.1.2 -Districts Established. Zoning districts in the City are hereby established as follows: A. Base districts. NEW DISTRICT NAMES PREVIOUS : l~TRICT NAM:____j ------.-----.-1 I ~~~~~~~-Residential I RS RS-6 -7T - Single-Family Duplex Residential Single-Family -Duplex A-lD ~ _J Residential RS-E Residential Single-Family -Estate AAA I Single-Family Estate r RS-5 Residential Single-Family -5 AA Single-Family I Residential Single-Family - 6 Residential Single-Family-7 A Single-Family j A-1 Single-Family _J RM-12 Residential Multifamily -12 A-2 Medium Density Multifamily I I RM-16 Residential Multifamily -16 A-3 r High Density Multifamily Commercial I I Commercial I 3 ---- ------------ PO Professional Office PO Professional Office ,- CG Commercial General B-1 General Commercial Cl Commercial Intensive 8-2 Intensive Commercial .-- Industrial Industrial I IL Industrial Light 1-1 Light Industrial I IH Industrial Heavy 1-2 Heavy Industrial I Open Space Open Space I CON Conservation Lands CON Conservation Lands I REC Recreation REC Recreation 1- B. Overlay districts. Winkler Avenue _ -:_ I . -.-1---------4 -CA Cleveland Avenue ,--MLK Martin Luther King, Jr. r Emergency Management Communications --,----------- -EM -AH -CO --·- -ESL -PW --~---- ------------ _J r- Airport Hazard ___J r- Correctional Facilities -r- Environmentally Sensitive Lands _J I r- Potable Wellfields J I 4 ------- C. Planned districts. PUD Planned Unit Development -I ,-- MU Mixed Use I MOP Master Development Plan I D. Special development areas. Sun City (Pelican Preserve} Forum E . Downtown redevelopment area. U-GEN Urban General U-CTR Urban Center I .----- Urban Core U-CORE District DIST Civic CIVIC _J -----1 CIV-REC Civic-Recreation F. Neighborhood redevelopment district. NR-1 Neighborhood Redevelopment District 118.1.3 -Official Zoning Map. A. The Official Zoning Map shall be amended in accordance with 98.3.9, Land Development Code and Official Zoning Map Amendments. The designation, location, and boundaries of the zoning districts established by this Article are as shown and depicted on the Official Zoning Map adopted in the Comprehensive Plan and which are incorporated by reference as part of this Land Development Code. I 5 B. A working copy of the Official Zoning Map shall be maintained by the Community Development Department. This map shall be current and reflect the latest changes duly authorized by the Council and supportive data for these changes shall be readily available in the Community Development Department's files and in the City Clerk's Office. C. No changes of any nature shall be made on this working copy, except those changes as authorized by ordinance, and such changes shall be made by authorized persons only. 118.1.4 -Interpretation of Map Boundaries. The Community Development Director (Director} is authorized to interpret district boundaries as shown on the Official Zoning Map. Where uncertainty exists the following rules shall apply: A. Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines. B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. C. Boundaries indicated as approximately following city limits shall be construed as following city limits. D. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks. E. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of a change in the shoreline, shall be construed as moving with the actual shoreline. F. Boundaries indicated as parallel to or extensions of features indicated in paragraphs A and E above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map. G. Where the street or property layout existing on the ground is at variance with that shown on the Official Zoning Map, or in other circumstances not covered by paragraphs A and F above, the Board of Adjustment shall interpret the district boundaries. 118.1.5 -Application of District Regulations. A. General restrictions. No building, structure, or land shall be used or occupied, and no building or structure or part of a building or structure shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with the regulations for the district in which such building, structure or land is located. B. Open spaces for each building or use. No part of any yard, parking space, loading space, or other open space required about or in connection with any building , structure or use for the purpose of complying with this chapter shall be included as a part of such open spaces that may be similarly required for any other building, structure or use. C. Reduction of lot or open spaces. No lot, in existence at the time of the zoning code, adoption September 11, 1967, shall be reduced in area, width, or depth to less than that required by this chapter; nor shall any lot be reduced in any manner that would result in the reduction of any yard, parking space, loading space or other open space or spaces to less than that required by this Land Development Code. D. Principal buildings (RS-districts only). Every building erected, constructed, reconstructed or structurally altered shall be located on a lot, and in no case shall there be more than one 6 principal building and its customary accessory buildings on any one lot, except as specifically provided for in this code, or as permitted in other than RS-districts. 118.1.6 -Measurements and Exceptions. A. Density. The number of residential dwelling units permitted per gross acre of land. 1 . For multifamily density calculation purposes only: a. A studio unit with 750 square feet or less or a one-bedroom unit with 750 square feet or less is equivalent to 0.5 dwelling unit; b. A two-bedroom unit with 1,200 square feet or less is equivalent to 0. 75 dwelling unit; c. All other unit types are considered equivalent to one dwelling unit. d. An applicant may request alternative multifamily unit density equivalencies on a case­ by-case basis (i.e. a two-bedroom unit larger than 1,200 square feet is equivalent to a fraction of one dwelling unit). The applicant must conclusively demonstrate that wastewater flows will be less than average of 75 gal/capita/day, or household size will be less than average of 2.5 persons per household. Alternative multifamily unit density equivalencies may be approved upon finding by the City staff that: (1) the requested equivalency is justified based on sound engineering analysis, and (2) the potential impact to City services is adequately addressed. If an alternative equivalency is approved, it will be enforced through monitoring of the actual flows following construction. If the flow levels exceed the levels that were provided as justification, the City is authorized to impose utility fee surcharges for the overages. 2. For group living density calculation purposes, assisted care facilities shall be restricted to the same multifamily density regulations applicable within the district in which they are allowed. For the purposes of determining conformance with the densities requirements and all other district requirements, every 1.93 occupants of an assisted care facility shall be deemed to equal one dwelling unit. To calculate future occupants and subsequent density when number of bed spaces is used as opposed to number of units, 1.0 bed space shall equal 1.0 occupant. The number of occupants divided by the household size (1.93) shall equal the number of units. 3. As defined in chapter 142, article 2 a guest house, cottage, or garage apartment accessory to a principal dwelling unit is not subject to calculations. 4. Hotels and hospitals are not subject to density calculations. B. Site. A continuous quantity of land to be developed as a single project. C. Area. Site area is measured in gross acres and is the total land area of a proposed development. A site may include multiple lots. D. Open space. 1. The minimum open space required in a development under common ownership or unified control, or within a subdivision, shall be property under public or common private ownership. Such open space may be held privately. All open space shall be unoccupied or predominately unoccupied by buildings or other impervious surfaces. Unoccupied or predominately unoccupied by buildings or other impervious surfaces shall mean that not more than five percent of the area of any required open space shall be occupied by such surfaces. 2. Required open space in RS-and RM-districts shall be measured exclusive of any individual lots, except in the RS-E District. 7 3. Open space may be used for parks, recreation, agriculture, conservation, preservation of native habitat and other natural resources, stormwater management, historic or scenic purposes . When used for recreation, the following shall apply: a. Recreational activities in conservation or preservation open space areas shall maintain the areas in their natural state with little or no land disturbance. Structures are limited to improvements such as boardwalks, permeable pathways and signage necessary for resource management. b. Recreational activities in all other open space areas may include, but are not limited to, structures or other active, player-oriented facilities such as playgrounds, ball fields, golf courses, club houses, tennis courts and associated accessory facilities such as parking areas and restrooms, subject to the limits on occupation of open space in Section a. above. c. Any property within 20 feet of any structure (except any accessory structures within the designated open space) or having a dimension of less than 15 square feet, regardless of ownership, shall not be considered open space in meeting the requirements of this Land Development Code. E. Lot. A parcel of land occupied or capable of being occupied or designed to be occupied by one or more principal buildings or uses, for the district in which located, and the accessory buildings or uses customarily incidental to it, including such open spaces as required. 1 . Area. a. Lot area is measured in gross square feet and is the area included in a single, undivided piece of land. b. Minimum lot areas shall be exclusive of existing or proposed public right-of-way. 2. Width. The horizontal distance between the side lot lines measured at the front setback line. 3. Depth. The distance measured from midpoint of the front lot line to the midpoint of the rear lot line. F. Yard setbacks. 1. Applicability. a. No part of a yard or other open space required by the provisions of this Land Development Code shall be included as a part of any yard or other open space similarly required for another structure or use. b. Unless specifically set forth in section 118.3.4, Accessory Uses and Structures, the district setback requirements apply to principal and accessory structures. 2. Types of yards. a. There are five types of yards -front, side (street), side (interior), rear, and waterfront yard. b. Double frontage lots shall be considered to have two front yards. 8 INTfAIDA ' ! r··-··-··-··-··-·· ..... ··-··-··1 I i i REAt i Y••o YARD i i i i J · f s,oeY••o 8 ... J 1 : SIDE YARD B l ! (l,.,u,oa) Srun) J ! I I : J RONT ; I FRONT ! I ll'ARO I L ___________ ~••o ··-··-··-·.J ---·--·--------1--------------· STREET STREET 3. Measurement of yards. a. All front yard and side yard (street) setbacks shall be measured from the edge of the right-of-way. b. Depth of a required front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot lines, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. c. Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line. d. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line. a. The front setback shall be as stated in this Land Development Code. All setbacks shall be based on the future right-of-way line established in the Comprehensive Plan, or as identified on the Metropolitan Planning Organization's Long Range Transportation Plan , 2030 Adopted Highway Element. All lots shall have the minimum lot width as prescribed by this Land Development Code and shall be located on an improved dedicated street right-of-way. i-··-··-··-··-··-· ! \ i l ! \ Fl ! i i \ -i \ I i I l .i ··-··-··-··-·_,, 4 . Setbacks. FRONT YARD M£ASURED FROM THE Pou,n ... T WHICH SIOE ANO I FRONT LOT LINES --~ WOULD MEET 9 b. Attached residential garages shall have a minimum front setback of 25 feet where the doors face the right-of-way. c. On corner lots, the secondary front yard, or yard not accessed by a driveway or vehicular accessway, shall be not less than 25 percent of the lot width; however, when the lot is less than 50 feet, the minimum side yard shall be a minimum of 12½ feet. When the lot width is greater than 80 feet, the secondary front yard shall be a minimum of 20 feet. 5. Encroachments. Every part of a required yard shall be open from its lowest point to the sky unobstructed, except for the encroachments listed below. See also section 118.3.4, Accessory Uses and Structures, and section 118.3.5, Temporary Uses and Structures. a. Fences as noted in section 118.3.8, flag poles, sidewalks, and driveways. b. Projection of sills, belt courses, cornices, buttresses, ornamental features, bay windows where allowed by the building code, chimneys, flues and eaves; however, no such projection shall exceed 30 inches into a minimum yard area. c. Parking structures may extend into the rear yard of a lot, where there is access through an alley. Such structures shall be located either within three feet or less from the rear property line, or at least 20 feet from the rear property line. d. Security gates and guard stations may be located within any required yard. e. Covered porches may encroach a maximum of eight feet into a required street yard setback or 20 percent of the required street yard setback depth, whichever is less. f. Mechanical equipment for residential uses, such as HVAC units, generators and security lighting, may extend into any required side yard but shall remain at least three feet from the property line. g. Driveways may extend into any required yard, if acceptable to the engineering division . h. Utility lines located underground and minor structures accessory to utility lines (such as hydrants, manholes, and transformers and other cabinet structures) may encroach into any required yard. i. Sport courts, trampolines, swingsets and other similar equipment shall be located to the rear of the front building line, and outside of any required side yard setbacks. G. Bulk. 1. Height. a. Applicability. Unless specifically set forth in section 118.3.4, Accessory Uses and Structures, the base district height requirements apply to principal and accessory structures. b. Determination. Height shall be determined by the vertical distance measured from the mean finished grade to the highest point of the roof surface of a flat or Bermuda roof, the mean height between the facia and highest point of a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. Where minimum floor elevations in flood hazard areas have been established by law, height shall be measured from such required minimum floor elevations. 10 TOP OF RIDGE HIGHEST POINT TOP OF RIDGE ,'TOP Of ROOF /TOP OF ROOF ,'TOP OF ROOF J t­z:,: <"' ::ew :z: 1 i w- FINISHED GRADE OR FINISHED GRADE OR FINISHED GRADE OR MINIMUM FLOOD MINIMUM FLOOD MINIMUM FLOOD ELEVATION ELEVATION ELEVATION FLAT OR MANSARD GABLED BERMUDA ROOF c. Exemptions. The height limits of this Land Development Code shall not apply to church spires, belfries, monuments, transmission towers, telecommunications towers, water towers, flagpoles, chimneys, cooling towers, fire towers and other structures not intended for human occupancy, and subject to approval by the director. These exceptions shall not apply in an airport flight zone . d. Bulk plane. Any new building that abuts an existing RS-district shall be subject to a bulk plane starting at 35 feet in height at the side or rear setback line, and extending upward one additional foot for every additional foot into the site from the setback line. NONRESIDENTIAL, SINGLE-FAMILY, SETBACK PROPERTY MULTIFAMILY Two-FAMILY LINE LINE 2. Building coverage. The maximum area of the lot that is permitted to be covered by buildings, including both principal structures and accessory buildings . Building coverage does not include paved areas such as driveways, uncovered porches or patios, decks, swimming pools or pool cages. 3. Living area. Living area shall include all areas within the enclosing walls of a building except garages, outside utility rooms, carports, cabanas, porches, patios and unroofed or unenclosed areas. 4 . Building separation. The required separation between any two buildings located on the same lot or site . Where this land development code allows a building separation of less than ten feet, additional fire code requirements may apply. 11 ARTICLE 2. -BASE DISTRICTS 118.2.1 -Residential Districts . A. Intent statements. 1. Residential single-family districts. a. Estate (RS-E). This district is intended to accommodate low density single-family dwellings and other selected uses that are compatible with the open residential character of the area. Single-family detached structures are appropriate in this district. The maximum density permitted is 1.5 dwelling units per acre and minimum lot size is 32,000 square feet. See Tables 118.2 .1.A. and G. for additional dimensional requirements . Permitted Uses 1) Park, Recreation field, Beaches. 2) Residential, Single-family detached . 3) Water management structures, wells, reservoirs. Conditional Uses 4) Commercial Wireless Telecommunication Facility (See 118.3.10). 5) Community or neighborhood arts center (public). 6) Golf course, Tennis, Country club, Clubhouse. 7) Museum, Library. 8) Police, Fire, EMS substation. 9) Religious Institutions (See 118.3.3 .B.2). 10) School public/private (K-12). b. Single-family (RS-5). This district is intended to accommodate single-family residential development and protect existing neighborhoods from incompatible uses. The maximum density permitted is five dwelling units per acre and minimum lot size for residential uses is 8,000 square feet and 10,000 square feet for all other uses. See Tables 118.2.1.A, B and G for additional dimensional requirements. Permitted uses 1) Park, recreation field, beaches. 2) Residential, single-family detached . 3) Residential, zero lot line. 4) Water management structures, wells, reservoirs . Conditional uses 5) Commercial wireless telecommunication facility (See 118.3.10). 6) Convenience store without gas pumps. 7) Golf course, tennis, country club, clubhouse. 8) Museum, library, community center (public). 9) Police, fire, EMS substation. 12 10) Religious institutions (See 118.3.3.B.2). 11) School public/private (K-12). c. Single-family RS-6. This district is intended to accommodate single-family residential development and protect existing neighborhoods from incompatible uses. The maximum density permitted is six dwelling units per acre. See Table 118.2.1.A, B, C and G for additional dimensional requirements. Permitted uses 1) Park, recreation field, beaches . 2) Residential, single-family attached. 3) Residential, single-family detached. 4) Residential, zero lot line. 5) Water management structures, wells, reservoirs. Conditional uses 6) Commercial wireless telecommunication facility (See 118.3.10). 7) Convenience store without gas pumps. 8) Golf course, tennis, country club, clubhouse. 9) Museum, library, community center (public). 10) Police, fire, EMS substation. 11) Religious institutions (See 118.3.3.B.2). 12) School, public or private (K-12). d. Single-family RS-7. This district is intended to accommodate single-family residential development and protect existing neighborhoods from incompatible uses. The maximum density permitted is seven dwelling units per acre. See Tables 118.2.1.A, B, C and G for additional dimensional requirements. Permitted uses 1) Park, recreation field, beaches. 2) Residential, single-family attached. 3) Residential, single-family detached. 4) Residential, zero lot line. 5) Water management structures, wells, reservoirs. Conditional uses 6) Commercial wireless telecommunication facility (See 118.3.10). 7) Convenience store without gas pumps. 8) Day care center (adult or child), preschool. 9) Golf course, tennis, country club, clubhouse. 1 0) Museum, library, community center (public). 11) Police, fire, EMS substation. 12) Religious institutions (See 118.3.3.B.2). 13 13) School, public or private {K-12). e. Duplex districts (RS-D). This district is intended to accommodate single-family and two-family residential development and protect existing neighborhoods from incompatible uses. The maximum density permitted is seven dwelling units per acre. See Tables 118.2.1.A, B, C, D, E and G for additional dimensional requirements. Permitted uses 1) Park, recreation field, beaches. 2) Residential, single-family attached. 3) Residential, single-family detached. 4) Residential, townhouse (See 118.3.3.A.1 ). 5) Residential, two-family (See 118.3.3.A.2). 6) Residential, zero lot line. 7) Water management structures, wells, reservoirs. Conditional uses 8) Commercial wireless telecommunication facility {See 118.3.10). 9) Convenience store without gas pumps. 10) Day care center (adult or child), preschool. 11) Golf course, tennis, country club, clubhouse. 12) Museum, library, community center (public). 13) Police, fire, EMS substation. 14) Religious institutions (See 118.3.3.B.2). 15) School, public or private (K-12). 2. Residential multifamily districts. a. Residential multifamily (RM-12). This district is intended to accommodate low density multifamily residential development. The maximum density permitted is 12 dwelling units per acre. See Tables 118.2.1.A-G for additional dimensional requirements. Permitted uses 1) Assisted living facility, nursing home, life care facilities. 2) Bed and breakfast. 3) Day care center {adult or child), preschool. 4) Park, recreation field, beaches. 5) Residential, multifamily (See 118.3.3.A.3). 6) Residential, single-family attached. 7) Residential, single-family detached. 8) Residential, townhouse {See 118.3.3.A.1 ). 9) Residential, two-family {See 118.3.3.A.2). 10) Residential, zero lot line. 14 11) Student dormitory, fraternity, sorority. 12) Water management structures, wells, reservoirs. Conditional uses 13) Art studio, gallery (See 118.3.3.C.2). 14) Boarding facility, youth hostel. 15) Commercial wireless telecommunication facility (See 118.3.10). 16) Convenience store without gas pumps. 17) Golf course, tennis, country club, clubhouse. 18) Museum, library, community center (public). 19) Police, fire, EMS substation. 20) Religious institutions (See 118.3.3.B.2). 21) School, public or private (K-12). b. Residential multifamily (RM-16). This district is intended to accommodate medium density multifamily residential development. The maximum density permitted is 16 dwelling units per acre. See Tables 118.2.1.A-G for additional dimensional requirements. Permitted uses 1) Assisted living facility; nursing home; life care facilities. 2) Bed and breakfast. 3) Day care center (adult or child), Preschool. 4) Park; recreation field, beaches. 5) Residential, multifamily (See 118.3.3.A.3). 6) Residential, single-family attached. 7) Residential, single-family detached. 8) Residential, townhouse (See 118.3.3.A.1 ). 9) Residential, two-family (See 118.3.3.A.2). 10) Residential, zero lot line. 11) Student dormitory, fraternity, sorority. 12) Water management structures, wells, reservoirs. Conditional uses 13) Art studio, gallery (See 118.3.3.C.2). 14) Boarding facility, youth hostel. 15) Commercial wireless telecommunication facility (See 118.3.10). 16) Convenience store without gas pumps. 17) Golf course, tennis, country club, clubhouse. 18) Hotel, motel, inn, extended stay facility. 19) Manufactured home (See 118.3.3.A.4). 15 20) Museum, library, community center (public). 21) Police, fire, EMS substation. 22) Religious institutions (See 118.3.3.B.2). 23) School, public or private (K-12). B. Housing types. 1. Housing types. In order to allow for a variety of housing options in the city and to establish a common housing terminology, the following housing types are established. Single-Family Detached. A building containing one dwelling unit located on a single lot with private yards on all four sides. 16 Zero Lot Line . A building containing one dwelling unit located on a single lot with private yards on three sides, and the building located on or very near the remaining lot line. Single-Family Attached. A building with two attached dwelling units located on two lots that share a common wall along a lot line. Two-Family. A building with two attached dwelling units located on a single lot or parcel (often called a duplex). The units may be located on separate floors or side-by-side. Townhouse. A building with at least three attached dwelling units consolidated into a single structure. Each unit is separated by a common side wall . A townhouse is more than one story in height, however units are not vertically mixed. Each unit has its own external entrance. Multifamily. A building or buildings consisting of three or more dwelling units located on a single lot or site. Dwelling units within a multifamily building may be situated either wholly or partially over or under other dwelling units . The building often shares a common entrance. 2. Building envelope standards. The building envelope standards for buildings in the residential districts are as follows. The cross-reference shown in the right hand column of the table lists additional standards that must be followed. Residential zoning district dimensional requirements. The cross-reference shown in the right­ hand column of the tables lists additional standards that must be followed . All footnotes are located at the end of the tables. Table 118.2.1.A. Single Family Detached Dwelling Dimensional Requirements SINGLE FAMILY DETACHED RS-E I RS-6 RS-7 RS-D RM-12 1 RM-16 J -RS-5 Lot (min ft.) -l I --I ~~ Area (sq. ft.) 1 32,000 8,000 1 7,000 5,000 i 5,000 I 5,000 5,000 I - - I I Width 85 80 70 50 5°15°j 50 I I .t Yard Setbacks (min ft.) Front 2 20 20 120 I 20 20 l 2°12~1 Front-Facing Garage Door 1 25 I 25 25 25 25 25 25 73 73 73 Side (interior) 7 7 7 I ~ ,-- Side (street) see subsection 118.1.6.F.4. Rear 10 10 l pa i 10 l -10 j I 10 ~ 17 25 25 25 25 Waterfront 25 25 !is I c-I - Bulk (max) I Height (ft.} 35 35 35 35 l 35 r 35 r s I --- 40% 45% 45% I Building Coverage 35% 35% 40% 40% I ,--- Living Area (min sq. ft. per dwelling) 1,000 1,200 1,000 1,400 I 1,400 1,000 1 1,000 Table 118.2.1.B. Zero Lot Line Residential Dimensional Requirements ,.. r-- ZERO LOT LINE Open Space (Comm on) Lot (min ft.} Area (sq. ft.) RS-E I RS-5 I RS-6 I -r -- --, j s,ooo I 1,000 I f I RS-7 I RS-°f M-uf RM-16 -I -35% I 3s% I - 6,000 6,000 5,000 F 1 Width 60 so 10 r- __ G_o __ s_o_~/ :_ j ----, ~ Yard Setbacks (min ft.) _J r I ~ l Front 20 20 20 I 20 J Front-Facing Garage Door 1 25 25 25 25 I I I j 2~ -~ I 14~1 J j I 14 14 14 14 0 I 0 O l 0 l 0 I -I see subsection 118.1.6.F.4. I 1ol1ol1° I 10 ~ 10 j ., I 25 J 1 rsr 5725 1 25 I r - Side (first interior) Side (other interior) 14 0 Side (street) I 10 25 Rear Waterfront ---------- 18 Bulk (max) I 35 1 I I Height (ft.) 35 35 35 35 35 I r - 40%7 I I - I Building Coverage 35% 40% I 40% 45% 45% J Living Area (min sq. ft. per dwelling) r 1 1,40°1 1,200 I 800 I 800 I 800 I 800 I Table 118.2.1.C. Single-Family Dwelling Dimensional Standards SINGLE-FAM Open Spac w idth ! 20 ~-I J_,______ Yard Setbacks (min ft.) Front I 20 20 I 20 l 20 -1 20 ---,--! ---25 -25 r 25 I 25 7 25 _ I ILY ATTACHED RS-E RS-5 RS-6 RS-7 I RS-Dl RM-12 RM-16 _J e (Common) - --35%7 35% I Lot ( min ft.) Area per Unit (sq. ft.) f -7 , 2,400 1 2,400 -2,400 I 2,400 2,400 j ------ 18 18 18 18 ar------'------______,__[~I J Front-Facing Garage Door 1 Side (interior) --_-l--i---'----'--7 ---'--7~' I 7 '] 7' l 7' J Side (street) see subsection 118.1.6.F.4. I ,---- I I Rear - Waterfront I I ---- 10 10 r o - 25 25 25 10 25 10 j -~ 5 J ' j Bulk (max) Height (ft.) -l I 35 19 - so% I Building Coverage 50% 50% 50% 50% j r Living Area (min sq . ft. per dwelling) 1,200 800 800 800 800 I -- - - Table 118.2.1.D. Two -Family Residential Dwelling Dimensional Standards TWO-FAMILY RS-E RS-5 RS-6 RS-7 I RS-D Lot (min ft.) Area (sq. ft.) I 5,000 j 2,500 2,500 I Open Space (Common) 35% 35% I Width r 100 so ~ -~i ---A-re-a-per Building (sq. ft.) ___ 1___ ~1 __ _. __ 1 1-o-,o-o-o -i1-s,-ooo _ s,ooo 1 Yard Setbacks (min ft.) 1 Front 20 20 20 17 -------+----------~-- Front-Facing Garage Door 1 25 Side (interior) .-----l Side (street) see subsection 118.1.6.F.4. R ear 10 - Wat erfront 25 25 10 25 25 73 10 I 25 Bulk (max) j Height (ft.) 35 J_ :J Building Coverage 45% 45% I 20 --- ,---- Living Area (min sq. ft. per dwelling) I I 800 I 800T 800 l Table 118. 2.1.E. Townhouse Dimensional Standards Rear 10 r 17 I 25 Waterfront j .--------~ TOWNHOUSE RS-E RS-5 RS-6 RS-7 RS-D RM-12 RM-16 Site (min) Open Space (Common) 35% 35% Lot (min ft.) Width I I I I I 15 I 15 15 Area per Unit (sq. ft .) 1,350 I 1,350 1,350 I . Yard Setbacks (min ft ,----- Front, Principal Buildi .) Front-Facing Garage Do or 1 I ng 15 15 ~ 1--- 25 25 25 - Side (interior) 5 5 Side (street) see subsection 118.1.6.F.4. Bulk (max) r- Height (ft.) I 35 45 45 ------I I I Building Coverage I ---1------s--l 70%-o ---+--7-0-%-----1-70% ,----I 1 Livi ng Area (min sq. ft. per dwelling) ~~----~---~-~l __ l_s_o_o __ soo __ l s_o_o~-s-o_o __ _J I 21 -- Table 118.2.1.F. Multifamily Residential Dimensional Standards r----- Rs-1 RS-1 •s-I RS-RM-12 MULTIFAMILY RM-16 5 6 7 D --r ' Density (max units/acre} I I Permitted by-right I 12 16 J Permitted by conditional use 12+ 16+ r - Site (min} I Area (acres} -- -I Open Space (Common} 35% 35% Width 50 50 I ------r I Depth I I I I 100 I 100 I Lot (min ft.) ----- Yard Setbacks (min ft.} -----r Front, Principal Building 15 15 J - Front-Facing Garage Door 25 25 J - I Side (interior) 7 r - - Side (street) see subsection _J 118.1.6.F.4. ---I Rear I 10 r 10 ---- Waterfront 25 I 25 --~ r Bulk (max) I 22 ----I or 5 stories Height (ft.) 45 4 I I I I I r 45% Building Coverage I 45% I j I I I I I Living Area (min sq. ft. per dwelling) Studio/One 500/750 500~50 I Bedroom I I I I 1 1 Street setbacks may be administratively reduced, see 118.2.1.# Administrative Setback Reductions in Residential Districts A.1. 2 Street setbacks may be administratively reduced to 15 feet, see 118.2.1.# Administrative Setback Reductions in Residential Districts A.2. 3 Side setbacks may be administratively reduced to five feet, see 118.2.2.# Administrative Setback Reductions in Residential Districts 8.1. 4 70 feet or five stories subject to the underlying setbacks, or no height limit, except that height of structures cannot exceed twice the least proposed yard setback. The option for height limit must be determined at the time of site work permits. Administrative Setback Reductions in Residential Districts. A. Garage setbacks. Attached residential garages have a typical minimum front setback of 25 feet where the doors face the right-of-way. Administrative reductions may be granted for street setbacks to garages in the following cases: 1. Where a minimum distance of 23 feet is provided to the edge of sidewalk to the garage door for front loading garages, the setback distance may be reduced to 20 feet for all housing types. The reduction may not allow for a parked vehicle to impede or block the sidewalk. 2. For single-family detached dwellings with secondary front setbacks on corner lots in all residential zoning districts other than Estate (RS-E}, street setbacks may be administratively reduced to 15 feet. For the purposes of this subsection, the secondary front setback is defined as the frontage that does not provide driveway, or vehicular access, to the dwelling unit. B. Side-yard setbacks may be administratively reduced to five feet for single-family detached, single-family attached, and two-family housing types in RS-7, RS-D, RM-12 and RM-16. This administrative reduction shall apply only to new developments that will be maintained under the control of a homeowner's association and where all of the following conditions are met, as demonstrated on the site work permit plans submitted for the development: 1} Gutters and roof structures must be installed so as to reduce direct discharge to the side yard swales. 2) No service equipment is permitted in the side yard between dwellings. This includes, but is not limited to air conditioning systems, water softeners, pumps. 3) Fences, walkways and similar hardscape features must be designed to not obstrucVimpede the flow of water within swales or other drainage conveyance. 23 4) Maximum lot coverage may not exceed 55%. 5) Prior to any construction on the lot, proper erosion and sedimentation controls must be installed. 6) A maintenance entity shall be designated to provide perpetual maintenance to all drainage and access easements. Table 118.2.1.G. All Other Permitted Uses Dimensional Standards ALL OTHER PERMITTED USES RS-E All other Residential Districts Lot (min ft.) Area (sq. ft.) 32,000 10,000 100 100 Width r Area per Building Yard Setbacks (min ft.) Front, Principal Building 20 20 r Front-Facing Garage Door r------ Side (interior) 7-25 - - 7 I ---- 25 - - 7 ___ -j -_J Side (street) See Subsection 118.1.6.F.4. I ,--- Rear 10 10 I j Waterfront 25 25 Bulk (max) j -r- Height (ft.) ----- 35 35 _____ B-u-ild_i_ng_ c _ov_e_r_ag_e _____ l 3 _5 __ ,._ ________ 3_5 ___ ____ _. 24 118.2.2 -Commercial Districts. Commercial zoning districts include Neighborhood Commercial (NC), Commercial General (CG) and Commercial Intensive (Cl). A. Intent statements. 1. Neighborhood Commercial (NC). It is the express intent of the NCDistrict to provide for professional office, multifamily and small-scale commercial uses , adjoining businesses and/or residential areas, and located in close proximity to major arterial roadways . The neighborhood commercial district is established in order to: a. Protect the present development pattern, serve the surrounding community with appropriately scaled commercial uses and office type uses and, b. Provide for the orderly development or redevelopment of such land according to its best usage by providing adequate minimum zoning standards for such usage. See Table 118.2.1.H for nonresidential use dimensional standards and refer to Tables 118.2.1.E and F, RM-16 standards for townhomes and multifamily residential dimensional requirements. Permitted uses 1) Animal grooming. 2) Animal hospital, veterinary clinic (See 118.3.3.C.2). 3) Bank. 4) Bed and breakfast. 5} Butcher, baker, catering. 6} Call center. 7} Convenience store without gas pumps. 8} Copy, print, pack and ship, publishing, post office, and other office-type services. 9} Day care center (adult or child), preschool. 10) Dry-cleaning or laundry drop-off/pick-up facility; laundromat. 11) Hotel, motel, inn, extended stay facility. 12) Live-work. 13) Medical, dental, chiropractor, counseling, outpatient surgery centers and offices. 14) Medical or dental laboratory. 15) Museum, library, community center (public). 16) Offices: business, professional , financial, governmental or operational. 17) Park, recreation field, beaches. 18) Parking, surface or garage, as accessory or primary use. 19) Personal care services. 20) Police, fire, EMS substation. 21) Radio, TV or recording studio. 22) Residential, multifamily (See 118.3.3.A.3). 23) Residential, townhouse (See 118.3.3.A.1 ). 25 24) Retail, excluding pharmacy, or rental store, under 15,000 square feet (not motor vehicle or large equipment). 25) Self-storage; fully enclosed indoor multi-story storage (See 118.3.3.C.9). 26) Student dormitory, fraternity, sorority. 27) Upper story residential. 28) Water management structures, wells, reservoirs. Conditional uses 29) Art studio, gallery (See 118 .3.3.C.3). 30) Auction room, auction house. 31) College, university, trade school, enrichment classes such as dance or martial arts. 32) Commercial wireless telecommunication facility. 33) Convenience store with gas pumps. 34) Convention center, gymnastic facility, indoor sports academy. 35) Funeral home or mortuary, undertaking establishment. 36) Pharmacy. 37) Religious institutions (See 118.3.3.8.2). 38) Repair service, non-automotive. 39) School, public or private (K-12). 40) Youth hostel. 2. Commercial General (CG). It is the express intent of the CG District to provide areas for commercial activities that meet the retail shopping and service needs of the community. See Tables 118.2.1.H for nonresidential use dimensional standards and refer to Table 118.2.1.E and F, RM-16 standards for townhomes and multifamily residential dimensional requirements. Permitted uses 1) Animal boarding, animal shelter, kennel, doggy day care (See 118.3.3.C.2). 2) Animal grooming. 3) Animal hospital, veterinary clinic (See 118.3.3.C.2). 4) Art studio, gallery (See 118.3.3.C.3). 5) Assisted living facility; nursing home; life care facilities. 6) Auction room, auction house . 7) Bank. 8) Bar, dancehall, nightclub, restaurant with entertainment, bottle club (See 118.3.3.C.1 ). 9) Bed and breakfast. 10) Butcher, baker, catering. 11) Call center. 12) Car wash, full or self service. 26 13) College; university, trade school, enrichment classes such as dance or martial arts. 14) Convenience store with or without gas pumps, gas station {See 118.3.3.C.5). 15) Copy, print, pack and ship, printing, publishing, post office, and other office type services. 16) Day care center {adult or child), preschool. 17) Dock or pier {commercial), wet or dry storage of boats, marina {See 118.3.3.C.7), boat rental, ferry. 18) Funeral home (crematorium and mortuary accessory only). 19) Greenhouse or nursery, commercial, garden center. 20) Health club. 21) Hotel, motel, inn, extended stay facility. 22) Indoor commercial recreation. 23) Laundromat, dry-cleaning, and carpet cleaning plants and drop-off, diaper service, linen supply. 24) Live-work. 25) Lodge, membership club (See 118.3.3.C.1 ). 26) Medical, dental, chiropractor, counseling, outpatient surgery centers and offices. 27) Medical or dental laboratory. 28) Museum, library, community center (public). 29) Offices; business, professional, financial, governmental or operational. 30) Park, recreation field, beaches. 31) Parking, surface or garage, as accessory or primary use. 32) Personal care services. 33) Police, fire, EMS substation. 34) Radio, TV or recording studio. 35) Religious institutions (See 118.3.3.8.2). 36) Repair services, non-automotive. 37) Residential, multifamily (See 118.3.3.A.3). 38) Residential, townhouse (See 118.3.3.A.1 ). 39) Research, testing, and development laboratory. 40) Restaurant/food service establishment, with or without sale of alcoholic beverages (See 118.3.3.C.1 ). 41) Retail, wholesale or rental store, {not motor vehicle or large equipment). 42) School, public or private (K-12). 43) Self-storage; fully enclosed indoor multi-story or mini-storage (See 118.3.3.C.19). 44) Student Dormitory, Fraternity, Sorority. 45) Upper story residential. 27 46) Water management structures, wells, reservoirs. Conditional uses 47) Alternative or post-incarceration facility, transitional home, halfway house. 48) Auditorium, arena, stadium, indoor athletic, tennis, swim club. 49) Boarding; rooming or lodging facility; youth hostel. 50) Bus and train passenger terminal, taxi dispatch, limo service. 51) Cam pg round, travel trailer park, recreational vehicle park (See 118.3.3.A.4 ). 52) Drug and alcohol rehabilitation treatment or clinic, detoxification centers. 53) Light manufacturing, repair or assembly of equipment and instruments. 54) Machine shop. 55) Major utilities. 56) Manufactured housing sales. 57) Psychiatric institution. 58) Recycling drop-off facility. 59) Vehicle (all kinds) and machinery sales, rental or leasing (See 118.3.3.C.12). 60) Vehicle service: minor and major repairs, modifications and maintenance (See 118.3.3.C.11 ). 3. Commercial Intensive (Cl). It is the express intent of Cl District to provide areas for more intense commercial development and commerce while maintaining an attractive community. See Table 118.2.1.H for nonresidential use dimensional standards and refer to Tables 118.2.1.E and F, RM-16 standards for townhomes and multifamily residential dimensional requirements. Permitted uses 1) Animal boarding, animal shelter, kennel, dog day care (See 118.3.3.C.2). 2) Animal grooming. 3) Animal hospital, veterinary clinic (See 118.3.3.C.2). 4) Art studio, gallery (See 118.3.3.C.3). 5) Assisted living facility, nursing home, life care facilities. 6) Auction room, auction house. 7) Bank. 8) Bar, dancehall, nightclub, restaurant with entertainment, bottle club (See 118.3.3.C.1 ). 9) Bed and breakfast. 10) Butcher, baker, catering. 11) Call center. 12) Car wash full or self-service. 13) College, university, trade school, enrichment classes such as dance or martial arts. 14) Commercial amphitheater . 28 15) Convenience store with or without gas pumps, gas station (See 118.3.3.C.5). 16) Copy, print, pack and ship, printing, publishing, post office, Other office type services. 17) Day care center (adult or child), preschool. 18) Dock or pier (commercial), wet or dry storage of boats, marina (See 118.3.3.C.7), boat rental, ferry. 19) Drive-in theater. 20) Flea market (See 118.3.3 .C .5). 21) Funeral home (crematorium and mortuary accessory only). 22) Golf course, tennis, country club, clubhouse. 23) Greenhouse or nursery, commercial, garden center. 24) Health club. 25) Hotel, motel, inn, extended stay facility. 26) Hospital, medical center. 27) Indoor commercial recreation. 28) Laundromat, dry-cleaning, carpet cleaning plants and drop-off, diaper service, linen supply. 29) Live-work. 30) Lodge, membership club (See 118.3.3.C.1 ). 31) Manufactured housing sales. 32) Medical, dental, chiropractor, counseling, outpatient surgery centers and offices. 33) Medical or dental laboratory . 34) Museum, library, community center (public). 35) Offices: business, professional, financial, governmental, or operational. 36) Outdoor recreation. 37) Park, recreation field, beaches. 38) Parking, surface or garage, as accessory or primary use. 39) Personal care services. 40) Police, fire, EMS substation. 41) Radio, TV or recording studio. 42) Religious institutions (See 118.3.3.B.2). 43) Repair services, non-automotive. 44) Research, testing and development laboratory. 45) Residential, multifamily (See 118.3.3.A.3). 46) Residential, townhouse (See 118.3.3.A.1 ). 47) Restaurant/food service establishment, with or without sale of alcoholic beverages (See 118.3.3.C.1 ). 48) Retail, wholesale or rental store (including motor vehicle or large equipment (See 118.3.3.C.12). 29 r 49) School, public or private (K-12). 50) Self-storage, fully enclosed indoor multi-story or mini-storage (See 118.3.3.C.19). 51) Student dormitory, fraternity, sorority. 52) Tattoo shop, body piercing (See 118.3.3.C.10), palmist, psychic, medium. 53) Upper story residential. 54) Vehicle service , minor and major repairs, modifications and maintenance (See 118.3.3.C.11 ). 55) Water management structures, wells, reservoirs. Conditional uses 56) Alcohol and drug rehabilitation treatment or clinic, detoxification centers. 57) Alternative or post-incarceration facility, transitional home, halfway house. 58) Auditorium, arena, stadium, indoor athletic, tennis, swim club. 59) Boarding, rooming or lodging facility, youth hostel. 60) Bus and train passenger terminal, taxi dispatch, limo service. 61) Campground, travel trailer park, recreational vehicle park (See 118.3.3.A.4). 62) Light manufacturing, repair or assembly of equipment and instruments. 63) Machine shop. 64) Major utilities. 65) Pawnshop (See 118.3.3.C .8). 66) Psychiatric institution . 67) Recycling drop-off facility. B. Building envelope standards. The building envelope standards for buildings in the commercial districts are as follows. The cross-reference shown in the right hand column of the table lists additional standards that must be followed. Table 118.2.1.H Nonresidential Dimensional Standards NONRESIDENTIAL NC T-CG Cl I Lot (min ft.) _J 10,~ -, Area (sq . ft.) 10,000 10,000 J Width I 100 ,-100 100 Area per Unit (sq. ft.) I Yard Setbacks (min ft.) r 30 .----- -- Fr ont 25 25 25 I I Side (i nterior) 10 10 10 I Side ( street) 20 20 20 10 10 10 R ear r ----I Waterfront 25 25 T 25 I Bulk (max) .------~ Height (ft.) 45 70' or 5 stories 70' or 5 stories I Building Coverage 45% 45% 45% _I 7 118.2.3 -Industrial Districts. A. Intent statements. 1. Industrial Light (IL). By virtue of its location as designated in the comprehensive plan, and because of the existing and proposed development around the area, and because of the present and anticipated accessibility to transportation facilities and utilities and other public services, the IL District is established in order to: a. Protect light industrial uses. b. Promote and protect future development of the district in light industrial usage. c. Exclude incompatible uses, such as residences, heavy industry, and commercial enterprises not directly serving the light industrial uses , which would preempt land intended to be preserved for industrial uses to achieve a favorable balance of land uses within the city. d. Ensure the ultimate stabilization of the district in light industrial usage. e. Encourage further development within the district similar in character and appearance to a planned modern industrial district. Permitted uses 1) Alcohol and drug rehabilitation treatment or clinic, detoxification centers. 2) Alternative-or post-incarceration facility, transitional home, half-way house. 3) Animal boarding, animal shelter, kennel, doggy day care (See 118.3.3.C.2). 4) Animal hospital, veterinary clinic (See 118.3.3.C.2). 5) Armory, brewery, winery, bottling plant, bulk mailing service, movie production facility. I 31 6) Art studio, gallery (See 118.3.3.C.3). 7) Auction room, auction house. 8) Bank. 9) Blood plasma donation center. 10) Bus and train passenger terminal, taxi dispatch, limo service. 11) Call center. 12) Car wash full or self-service. 13) Carpentry, lumberyard and wood products. 14) College/university, trade schools, enrichment classes such as dance or martial arts. 15) Convenience store with or without gas pumps, gas stations (See 118.3.3.C.5). 16) Commercial packing for fruits and vegetables. 17) Contractor storage (indoor/outdoor) perform services off-site, but store equipment and materials or perform fabrication or similar work on-site (See 118.3.3.D). 18) Copy, print, pack and ship, publishing, post office, and other office type services. 19) Detention center, jail, prison. 20) Drive-in theater. 21) Fabrication and manufacturing of fabrics and materials (See 118.3.3.D). 22) Flea market (See 118.3.3.C.6). 23) Funeral home or mortuary, crematorium. 24) Greenhouse or nursery, commercial, garden center. 25) Health club. 26) Indoor commercial recreation. 27) Labor pool. 28) Laundromat, dry-cleaning and carpet cleaning plants service, linen supply. 29) Lodge, membership club (See 118.3.3.C.1 ). 30) Machine shop, light manufacturing or assembly. 31) Manufactured housing sales. 32) Medical and dental laboratory. 33) Offices governmental or operational. 34) Outdoor recreation. and drop-off, diaper 35) Outdoor storage and bulk storage: nonflammable (See 118.3.3.D). 36) Park, recreation field, beaches. 37) Parking: surface or garage, as accessory or primary use . 38) Pawnshop (See 118.3.3.C.8). 39) Police, fire, EMS substation. 32 --- 40) Psychiatric institution. 41) Radio, telephone and television transmission towers and facilities (commercial). 42) Radio, TV or recording studio. 43) Repair services: automotive (See 118.3.3.C.11) and non-automotive, all types. 44) Research, testing, and development laboratory. 45) Restaurant/food service establishment, with or without sale of alcoholic beverages (See 118.3.3.C.1 ). 46) Retail, wholesale, or rental store (including motor vehicle or large equipment (See 118.3.3.C.12). 47) Self-storage: fully enclosed indoor multi-story or mini-storage (See 118.3.3.C.9). 48) Social service facility, soup kitchen, transient lodging or shelter for the homeless. 49) Stone, clay, concrete products. 50) Tattoo shop, body piercing (See 118.3.3.C.10), palmist, psychic, medium. 51) Truck, bus, rail or motor freight terminal, service facility, drop yard. 52) Warehouse, freight, cartage, distribution facility, parcel service (See 118.3.3.D). 53) Water management structures, wells, reservoirs. Conditional uses 54) Airport, heliport. 55) Auditorium, Arena, stadium, indoor athletic, tennis, swim club. 56) Campground, travel trailer park, recreational vehicle park. 57) Major utilities. 58) Outdoor shooting range. 59) Recycling drop-off facility. 60) Religious assembly. 2. Industrial Heavy (IH). The heavy industrial district is intended to allow general manufacturing, processing, construction, and utility uses, as well as all light industrial uses. B. Permitted land uses. Permitted uses by district are set forth in Article 3, Permitted Land Uses. C. Building envelope standards. The building envelope standards for buildings in the industrial districts are as follows. NONRESIDENTIAL IL I IH _J Lot (min ft.) _J I I Area (sq. ft.) 10,000 10,0~ I I r --- Width 100 100 I I 33 ___ _---- --------- Ya rd Setbacks (min ft.) Front (arterial) 30 50 _J - F rant ( non-arteria I) 30 30 -I Side (interior) i---------S-id e (street) --- I ----;- 10 --2-0-----i 10 ------20 7 Rear 10 ~ ..-------- 25 25 Waterfront Bulk (max) Height (ft.) 70 70 J 45% Building coverage 45% J ~~ 118.2.4 -Open Space Districts. A. Conservation Lands (CON). 1. Intent statement. The CON District is intended to designate, conserve, and protect from incompatible uses, the regionally significant wetlands or uplands within the city that are, or will be, owned and used for long-term conservation purposes. It is intended that areas in the CON District be utilized as water management areas, lakes, open space, and passive recreation areas and nature parks with limited recreational use. 2. Interpretation. a. These provisions apply to the development of land designated CON on the Future Land Use Map. The requirements of the Land Development Code shall apply if this section does not otherwise address the area of regulation , as it may be amended. In the event of conflict between the provisions of this section and the other requirements of the Land Development Code, the provisions of this section shall govern. b. The interpretation and application of the CON District will be reasonably and uniformly applied to all property within the city that is designated CON. 3. Permitted uses. 1) Conservation land. 2) Game preserve, wildlife management area, refuge, animal sanctuary. 3) Water management structures, wells, reservoirs. I 34 Conditional uses 4) Agricultural activities and services. 5) Agricultural product processing plant. 6) Aviary. 7) Farm labor and management services. 8) Large animal and veterinary services. 9) Residential, single-family detached. 4. Density transfer. a. If there are adjacent upland areas that are under common ownership within the areas designated CON, the density of the CON District shall be the same as the adjacent upland area, but the units must be developed on the adjacent upland areas. b. For areas located east of Interstate 75, residential density transfer from CON to adjacent upland areas shall not exceed 1.33 times the maximum allowable gross density of the adjacent uplands (non-CON), i.e., the net upland density may not exceed 1.33 times the maximum allowable gross density for the property. (For example, for MDP-3.0 land, the maximum allowable density on adjacent uplands shall be 3.0 x 1.33 = 3.99 units per acre, for RM-12 District the allowable density shall be 12.0 x 1.33 = 15.95 units per acre.) 5. Establishment of the boundaries. a. The CON District boundaries on the Future Land Use Map are based on the best available information at the time the Future Land Use Map is adopted. b. The exact location of CON District boundaries shall be based on the boundaries approved in the regulating agency's permit and will be adjusted to conform to the final issued permits. B. Recreation District (REC}. 1. Intent statement. The REC District is created to reserve land areas for parks, open space, and active and passive recreation purposes . In order to provide for the public convenience, health, safety and general welfare, requirements are set forth for recreation and park lands, and open space within the city. 2. Permitted uses. 1 ) Athletic field, track. 2) Commercial amphitheater. 3) Drive-in theater. 4) Executive par three golf course. 5) Horse stable, riding academy. 6) Municipal wellfield. 7) Outdoor recreation. 8) Park, recreation field, beaches. 9) Sports academy for active recreational or competitive sports. Conditional uses 1) Municipal-owned horticulture recycling/processing. 35 2) Museum, library, community center (public). 3. Lot size. The minimum lot size shall be 10,000 square feet. 4. Building coverage. The maximum building coverage shall be 30 percent. 5. Building setbacks. All buildings shall be located at least 30 feet or one-half the width of the street right-of-way, whichever is larger, from all existing and proposed streets and at least 25 feet from all property lines. 6. Building height. The maximum building height shall be 32 feet. ARTICLE 3. -PERMITTED LAND USES 118.3.1-General Provisions. A. Uses not specifically listed. 1. Specific uses are listed in subsection 118.3.6, Use Categories. Uses may be further defined in Chapter 142, Definitions. Any principal use not listed is prohibited unless the director determines that the use is similar in nature to a permitted use already listed in this Code. Where the similar permitted use is subject to a use standard or conditional use review, the proposed use shall also be subject to such standard or approval. The director shall not amend this Code by adding to or eliminating any use standard for the proposed use. 2. Where a use not listed is found by the director not to be similar to any other permitted use, the use shall be permitted only following a text amendment. Treatment of a use not listed shall be determined by the director by applying the following criteria: a. The actual or projected characteristics of the proposed activity in relationship to the stated characteristics of each use. b. The relative amount of site area or floor space and equipment devoted to the activity. c. Relative amounts of sales from each activity. d. The customer type for each activity. e. The relative number of employees in each activity. f. Hours of operation. g. Building and site arrangement. h. Types of vehicles used and their parking requirements. i. The relative number of vehicle trips generated. j. Signs . k. How the use is advertised. I. The likely impact on surrounding properties. m. Whether the activity is likely to be found independent of the other activities on the site. B. Developments with multiple principal uses. 1. When the principal uses of a development fall within different use categories, each principal use shall be classified or treated individually and each use shall be subject to all applicable regulations for that use. 36 2. A development comprised of separate uses shall be reviewed using the most restrictive process from among the proposed uses. Commentary: If a proposed development includes a gas station, library and a restaurant, including outparcels, and one of those uses is only permitted as a conditional use in the district, then the entire development requires conditional use review. 3. Where a use requiring approval as a conditional use lies on a separate legal parcel, only the building containing the use and its separate parcel shall be subject to review, not the entire project. However, where the separate legal parcel is an outparcel, the application shall describe the relationship of the outparcel to the remaining site. C. Accessory uses. 1. Accessory uses are allowed by-right in conjunction with a principal use as set forth in section 118.3.4, Accessory Uses. No accessory use may be established on a site without a principal use. 118.3.2 -Reserved. 118.3.3 -Use Standards. The purpose of additional use standards is to ensure that the common impacts of certain uses are ameliorated . The use standards are intended to apply to by-right development. A. Residential use standards. 1. Single-family attached, townhouse. a. A minimum of 35 percent open space shall be required for all new townhouse and single-family attached developments. b. On-site recreational facilities shall be provided in compliance with the Comprehensive Plan, Recreation and Open Space Standard 1.1.4.1 and Standard 1.1.4.2 unless the project is located within the "maximum service radius" of a community, neighborhood or mini-public park (See City Comprehensive Plan, Recreation and Open Space Policy 1.1). 2. Two-family. Existing two-family dwellings of record before November 1, 2004, may be converted to a single-family attached dwelling if minimum lot size and unit size is met and the resulting units comply with current life, safety and building codes. 3. Multifamily. a. Multifamily units in legal existence on or before September 4, 1990, shall be a special nonconforming use in the RS-D District in the Central Fort Myers Area Study only. Such multifamily uses may be continued indefinitely, remodeled or replaced provided that the use has not been abandoned for over a six-month period. No increase in the number of units shall be allowed. Variances from these provisions may be necessary and may be considered by the board of adjustment in accordance with section 98.3.5, Variances. b. Multifamily units in legal existence on or before July 8, 1997, shall be a special nonconforming use in the areas identified on maps B-1 through B-5 found in addendum A, at the end of this chapter. Such multifamily uses may be continued indefinitely, remodeled or replaced. No increase in the number of units shall be allowed. Variances from these provisions may be necessary and may be considered by the board of adjustments in accordance with section 98.3 .5, Variances. 4. Manufactured home and recreational vehicle parks. 37 a. No manufactured home park shall be established in the city unless it meets all of the following requirements: 1) The park is not less than eight acres in area and of a single plot of ground. 2) The location shall have a minimum frontage of 100 feet on, and be accessible from, an arterial street only. 3) Complete plans of the entire tract indicating utility facilities, mobile home stands, administrative and utility buildings, streets and/or driveways, walkways, parking spaces and all other pertinent information shall have been submitted and approved by the appropriate city and county departments. 4) Not less than 50 manufactured home stands shall be completed and ready for occupancy before the first occupancy is permitted. 5) Manufactured home stands shall be not less than 40 feet in width and each stand shall contain not less than 2,700 square feet. 6) Each stand shall be clearly defined and no manufactured home or part thereof (i.e., cabanas, carports, patios, utility buildings or structures, etc.) shall be closer to the side or rear line than seven feet or closer to the front line than ten feet. 7) No manufactured home stand shall be closer to the park boundary lines, when such boundary lines are common property lines, than ten feet or closer to street right-of-way lines than 26 feet. Such setback areas shall be landscaped and shall not be used for any other purpose, except for necessary walks or driveways as approved by the director. When the common property boundary line is adjacent to a developed residential area, such area shall be effectively screened by dense vegetative plantings, or an approved fence or wall. b. Except as provided in the above provisions of this section, the rules of the state department of health, are hereby made a part of this section as if set out in full herein . c. No recreational vehicle park shall be established in the city unless it meets the requirement that it shall be not less than eight acres in area on a single plot of ground. B. Civic use standards. 1. Religious Institutions may include a variety of accessory uses which may be permitted in accordance with the definition found in Chapter 142 of this Code. Uses, in conjunction with a religious institution which are not included in the definition must comply with the following standards: a. A gymnasium or similar indoor recreational facility is permitted provided that the minimum parcel size of the place of worship shall not be less than ten acres. b. A cemetery is permitted provided that the minimum parcel size of the place of worship shall not be less than ten acres. c. Overnight accommodations for visiting clergy and non-paying guests of clergy employed by the place of worship are permitted provided that the minimum parcel size of the place of worship shall not be less than ten acres. d. The following accessory uses are permitted only as conditional uses, subject to the requirements of section 98.3.8. i. Day care center in residential districts only. ii. Schools in residential districts only. iii. Soup kitchens or other social service facilities in all districts. iv. Athletic field or similar facility. 38 C. Commercial use standards. 1. Alcoholic beverage establishments. a. No licenses for the consumption of beverages containing more than one percent alcohol by weight shall be granted to a vendor or operator of a bottle club or bar, not including restaurants where alcohol is served, whose place of business is within 600 feet of an established place of worship or public school; nor shall a place of worship or public school be granted a license or permission to be within 600 feet of a vendor or operator of a bottle club or bar, not including restaurants where alcohol is served, that is licensed for the consumption of beverages containing more than one percent alcohol by weight; which distance shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of such place of business to the nearest entrance of any place of worship; and in case of a public school, to the nearest point of the school grounds in use as part of the school facilities. Such distances are to be ascertained by the building official. b. An established place of worship or public school will be recognized only if the place of worship or public school has obtained and passed all certificate of occupancy inspections for its premises and has also registered with the occupational licensing division of the building and zoning department. There is no charge for the actual occupational license; however, any place of worship or public school is still required to meet all of the criteria in order to obtain a certificate of occupancy for the building which they occupy. c. These requirements do not apply to establishments which sell alcohol strictly for off­ premises consumption, such as grocery stores, convenience stores, and liquor stores. d. A variance may be granted from the 600-foot rule if the applicant shows that the building was historically used as a place of worship or an establishment that was a bottle club or bar and meets the criteria of section 98.3.5, Variance except for subsection 98.3.5.A.3. e. The Downtown Redevelopment Area shall be exempt from these requirements. 2. Animal hospital, veterinary clinic, pet clinic, animal boarding, animal shelter, kennel, doggy day care. In the CG and Cl districts, no outdoor runs shall be permitted. All overnight care of animals shall occur indoors. All pens, kennels and runs shall be located within an enclosed building. 3. Art or photo studio, gallery. Limited retail is permitted for products produced by the resident on the premises. 4. Convenience store with gas pumps, gas station. a. General provisions. 1) The primary building, including the fuel canopy, shall conform to all building envelope standards. 2) Gasoline pumps, tanks, vents and pump islands shall be located no closer than 20 feet to any side or rear property line or right-of-way. 3) No sign of any type or any gasoline pump or tank shall be located within 20 feet of residential district. 4) Where the facility is adjacent to any residential district, there shall be a 100 percent opaque eight-foot high visual barrier or screen on the property line abutting the residential lot, provided such barrier or screen shall not restrict clear sight at any intersection or driveway . 5) Freestanding vents shall be screened from public right-of-way. b. Fuel canopies. 39 1) The canopy shall be located no closer than 15 feet to any side or rear property line or right-of-way. 2) The canopy shall not exceed the height of the principal building, but in no case shall the canopy height exceed 20 feet. 3) The canopy shall be constructed of building materials consistent with that of the principal building, including the roof. 4) The canopy shall be integrated structurally and architecturally into the design of the principal building and shall be complementary to the overall color scheme of the building facade from which it projects. 5) Canopy lighting shall not extend beyond the area beneath the canopy and all fixtures shall be recessed, including any fixture or lens. c . Single-bay automatic car wash. An accessory single-bay automatic (not self­ service) car wash completely enclosed except for openings necessary to allow entry and exit of vehicles shall be permitted subject to the following: 1 ) The car wash structure shall be located no closer than 20 feet to any side or rear property line or right-of-way. The car wash structure shall be located no closer than 50 feet to any side or rear property line adjacent to a residential district. 2) The car wash structure shall meet all applicable building envelope standards and shall not exceed a height of 20 feet or exceed an overall building dimension of 25 feet in width and 50 feet in length . 3) The car wash structure shall be constructed of building materials consistent with that of the principal building, including the roof. 4) The doors of the car wash building shall be architecturally compatible with the car wash building and shall be fully closed when the facility is not in operation. 5) The car wash structure shall be located behind the rear building line of the principal building. 6) The car wash structure shall be sited so as to discourage direct street view of the facility . Direct street access is permissible only when appropriate landscaped areas such as, but not limited to, planter islands or other landscaped features are used to screen from street view. 7) The car wash facility shall not operate before 6:00 a.m. or after 10:00 p.m. 6. Flea markets. New flea markets shall be a minimum of five acres in size, operated within the confines of an enclosed building and have access on an arterial roadway. 7. Marinas. a. Any marina proposed to be constructed, added to, repaired or structurally altered shall first obtain a permit from the appropriate state and federal agencies, if necessary, as well as a permit from the city in accordance with applicable regulations, and written consent of the bottom owner. b. Any proposed commercial marina must receive a permit or a letter of no objection from the appropriate state and federal agencies and execute a lease for the river bottom with the state or city, or provide proof of ownership of the river bottom before a city permit shall be issued . 8. Pawnshops. Pawnshop establishments shall not be permitted to have the exterior walls of the establishment, excluding permitted signs, to be any color other than a single achromatic, earth-toned or pastel color, and shall not allow any of the awnings, canopies, window shutters or other trim or window treatments to be any color other than a different 40 shade of the single achromatic, earth-toned or pastel color of the walls. The trim color shall not exceed 20 percent of the entire exterior surface of the building. 9. Self-service storage facility. a. General. 1 ) No electrical power supply shall be accessible to the renter/lessee of the storage unit with the exception of lighting fixtures and climate controls. 2) The following activities shall be prohibited on the premises: a) Commercial, wholesale or retail sales, flea markets or peddling, or miscellaneous or garage sales. However, once a month, the management of the self-storage mini-warehouse complex may conduct a one-day auction or sale of abandoned or stored materials to settle unpaid storage bills in accordance with State of Florida regulations. b) Servicing, repair, or fabrication or motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment. c) Operation of a transfer-and-storage business. d) Operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment except when needed for maintenance of the use. e) Any activity that is noxious or offensive because of odors, dust, noise, fumes, or vibrations. f) Storage of hazardous chemicals, flammable liquids, or combustible and explosive materials . g) Habitation of storage units by humans or animals. b. Warehouse, self-service, mini-storage. 1) All storage shall be contained within a fully-enclosed building. However, the storage of boats, RV's or other similar vehicles may be permitted in accordance with section 118.3.7, Outdoor Storage and Display. 2) A 100 percent opaque eight-foot high visual barrier or screen shall be provided around the perimeter of the property. 3) Where the end wall of the self-storage facility is visible from a public right-of-way, the wall shall be buffered by a hedge that has a mature height of at least four feet. 4) Each storage space shall contain a maximum of 250 square feet. c. Warehouse, self-service, indoor multi-story. 1) All warehouse storage on the property shall be in a minimum two-story, single­ enclosed building. All storage units shall be accessed internally. External doors to individual units shall not be permitted. One consolidated loading area is permitted to the rear or side of the building. 2) The outdoor storage of boats, RV's or other similar vehicles may be permitted in accordance with section 118.3.7, Outdoor Storage and Display. 10. Reserved. 11 . Vehicle service and repair. a. General. 41 1} Where the facility is adjacent to a residential district, there shall be a 100 percent opaque eight-foot high visual barrier or screen on the property line abutting the property, provided such barrier or screen shall not restrict clear sight at any intersection or driveway. 2) There shall be no dismantling of vehicles for salvage. 3) The storage of impounded vehicles shall not be permitted. 4) The sale or rental of vehicles may be permitted if allowed as a principal use in the respective district. Such a facility shall meet all the requirements of paragraph 12 below. b . CG, Cl Districts. 1) Except for full-or self-service vehicle wash facilities, all repair and service activity shall be conducted within a fully-enclosed building. 2) The service bay doors shall be oriented towards the side or rear of the building and shall in no case face a designated primary street. 3) The outdoor overnight storage of vehicles awaiting repair is permitted in accordance with 118.3.7, Outdoor Storage and Display. 12. Vehicle sales, lease, or rental. a. Applicability. Except as otherwise provided in this section, these regulations shall apply to any business or use operating in the City which provides an outdoor public display for the sale, lease, or rental of new or used automotive or recreational vehicles in areas other than designated parking spaces. b. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning : 1) Vehicle display area means the area outside a building where a business displays vehicles that are available for sale, lease, or rent to the public, and not located in approved parking spaces . 2} Vehicle display area buffer means the area between a vehicle display area and a street where vehicles may not be displayed and where landscaping is required. 3} Vehicle sales, lease, or rental agency means a business where new or used automobiles, trucks , recreational vehicles, (i.e., motorcycles, boats, trailers, campers, or similar vehicles and equipment} are displayed for sale, lease, or rent to the public. This section does not apply to agricultural, construction equipment (see heavy industrial) or vehicles designated class 7 or higher. 4) Lawfully existing means a business or use regulated under this section which has a valid city business tax receipt and Florida Department of Motor Vehicles motor vehicle's dealers license, and any other applicable licenses and/or approvals for a particular site as of May 7, 2018 . c. Dimensional requirements. All businesses subject to this section shall have a minimum lot area of one-half acre. However, businesses subject to this section on property less than one-half acre under this section which was lawfully existing as of May 7, 2018 is granted nonconforming status and shall be considered a legally nonconforming use pursuant to section 98.4 .4. Status as a legally nonconforming use shall expire if the operation ceases consistent with section 98.4.4. d. Standards. All businesses subject to this section shall comply with the following prior to issuance of a business tax receipt (existing businesses shall comply within 18 months of the effective date of this ordinance, unless otherwise specified below}: 42 1) Provide an accurate sketch of the site that includes the following (Except for existing businesses with previously approved and active site plans or site work permits shall not be required to submit the site sketch): i) The sketch shall be drawn to scale and show the entire parcel being used by the vehicle sales, rental, or leasing agency. ii) The sketch shall include the acreage and dimensions of the lot; location of the designated vehicle display area; location and dimensions of the landscape buffer; location and dimensions of all structures; and location and dimensions of customer parking spaces. 2) Vehicles on display are prohibited from being located on any sidewalk, right-of­ way, on or in any required buffer yard, display area buffer, designated customer parking, or emergency access aisle. 3) Customer parking shall be prominently identified with signage. 4) Parking spaces for display vehicles shall be a minimum of eight feet in width. Vehicles may be stacked as long as they do not impede drive aisles or emergency access. 5) Lots less than one-half acre shall provide a minimum three customer parking spaces and shall comply with the handicapped parking requirements contained in chapter 134. 6) Landscape and buffer yard requirements shall be as follows: i) Businesses lawfully operating as of [the effective date of this ordinance] shall provide a minimum landscape buffer of five feet in width on all street frontages. New businesses shall provide a minimum landscape buffer of 15 feet. ii) Trees shall be planted in the vehicle display area buffer in accordance with chapter 138 requirements for trees, including trees in buffer yards and street trees along designated corridors. Trees may be clustered with approval of community development director. Lots less than one-half acre shall be exempt from this requirement. iii) Shrubs shall be provided within the required landscape buffer and shall be a minimum of 24 inches in height at time of planting, a minimum of a three­ gallon size container, and be spaced 18 to 24 inches on center. Shrubs used for screening must be at least 36 inches in height by one year after installation, and maintained in perpetuity at said height. Shrubs located within the site visibility triangle shall be maintained at a maximum 24 inches to allow visibility at intersections. iv) The following is a list of plant alternatives considered drought resistant that require the least amount of irrigation. A drip irrigation system shall be required with the installation of the new landscaping. The required shrubs are encouraged to be selected from one (or more) of the following drought­ resistant species with spacing as follows: 1) Coco plum; 2) Firebush; 3) Simpson Stopper; 4) Orange jasmine; and/or 5) Viburnum suspensum. 43 v) Shrubs shall not be pruned vertically lower than 30 inches above the ground. vi) Ground cover shall be a drought-resistant species and planted every 12 to 18 inches on center. Sod shall be prohibited in vehicle display area buffers, except where buffer is greater than ten feet in depth. 7) In accordance with F.S. § 320.27(3), demonstrate that the location provides an adequately equipped office and is not a residence; that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale, rent or lease. e. Deviations and variances. Deviations and variances shall be permitted in accordance with the following: 1) Where physical constraints make compliance impossible, an administrative variance may be granted by the community development director or designee. 2) Previously approved deviations or variances for existing vehicle sales agencies in operation at the effective date of this ordinance shall remain in effect. 3) Where the applicant believes to be aggrieved by the decision of the community development director, such appeal shall be taken not more than 30 days from the date of the decision of the community development director, by filing with the community development director a notice of appeal on forms provided by the city. Every appeal shall refer to the specific provision involved and shall set forth the interpretation that is claimed. Within 30 days of receipt of the notice of appeal, the city council shall, at a public meeting, determine reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made; and to that end, shall have the power of the community development director from whom the appeal is taken. 13. Medical marijuana treatment center dispensing facilities. a. Prohibition. Medical marijuana treatment center dispensing facilities are prohibited and shall not be located within the boundaries of the city. The city shall not accept, process, or approve any request or application for a development order, building permit, or other approval associated with a proposed medical marijuana treatment center dispensing facility. b. Definition. For the purposes of this section, the term "medical marijuana treatment center dispensing facility" means any facility where medical marijuana or any product derived therefrom is dispensed at retail. c. Interpretation . This section and the terms used herein shall be interpreted in accordance with F.S. § 381.986 and Chapter 64-4 of the Florida Administrative Code. The intent of this section is to ban medical marijuana treatment center dispensing facilities from being located within the boundaries of the city as authorized by F.S. § 381.986(11 )(b)(1 ). D. Industrial use standards. 1. Junkyards and recycling business operations. In order to implement City Charter section 9.2 approved on November 5, 2015, governing approvals of junkyards or recycling centers, while conforming to the requirements of state law, including but not limited to F.S. § 163.3167(8), it is necessary that the city adopt appropriate land development regulations governing approval of junkyards and recycling centers: In order to allow sufficient time to adopt necessary land development regulations governing junkyards and recycling centers, a moratorium effective immediately, is hereby imposed on any land development approvals and issuance of development orders or development permits, for new junkyards or recycling businesses or expansion of existing junkyards or recycling businesses within the 44 city. This moratorium shall exist for one year from the effective date of November 21, 2016, unless rescinded earlier by ordinance of the city council. The city council shall repeal this moratorium at such time as appropriate land development regulations have been adopted as provided for herein so that this moratorium shall not continue to exist longer than necessary. During this moratorium, however, a lawful existing junkyard and/or recycling business that is located on land in the Dunbar/Belle Vue annexation area may apply for relocation through the planned unit development process. A permitted "relocation" is defined during the moratorium period as a discontinuance of existing lawful uses on one site and a movement of those same uses to a different site zoned Heavy Industrial that the city council deems as more suitable when the type of use does not change and no additional uses are added (i.e., junkyard to junkyard, or recycling to recycling, but not recycling to junkyard plus recycling). It is intended that during the moratorium, no relocation of a junkyard or recycling business will result in any expansion in the amount of land for either use; however, additional land that may be required for setbacks, buffers, or surface water management at the new location may be included in the application. During the moratorium, the planner engaged by the city to conduct a study of junkyard and recycling businesses and shall assist city staff in preparation of the required staff report for any land development approval applications for a relocated junkyard or recycling business. The purposes of this assistance is to analyze compliance with emerging junkyard and recycling criteria in the staff report and allow those criteria to be considered by the planning board and city council when reviewing the relocation application. During the period of time in which this moratorium is in effect, this subsection will govern development orders concerning junkyards or recycling centers or expansions thereof. The city will not hold a referendum in violation of F.S. § 163.3167(8). a. Existing junkyard identification. Existing junkyards are identified as follows: 1) A&D Scrap Material Inc., 3066 Cranford Avenue, Strap Number 25-44-24-P2- 200170E.001 O; 2) Glen Fox, 4871 Dr. Martin Luther King, Jr. Boulevard, Strap Number 21-44-25- P2-2000100.021 A; 3) Glen Fox, 4981 Dr. Martin Luther King, Jr. Boulevard, Strap Number 21-44-25- P2-2000100.0220; 4) Damron Auto Parts, 5001 Dr. Martin Luther King, Jr. Boulevard, Strap Number 21-44-25-P2-2000100.0230; 5) Allied Recycling Inc., 3770 Veronica S. Shoemaker Boulevard/Palmetto Extension, Strap Number 29-44-25-P1-00104.0080; 6) P & S Auto Salvage Inc., 3800 Veronica S. Shoemaker Boulevard/ Palmetto Extension, Strap Number 29-44-P1-00104.008A; 7) Allied Recycling Inc., 3460 Dr. Martin Luther King, Jr. Boulevard, Strap Number 19-44-25-P2-0140A.001 0; 8) Auto Parts Salvage Inc., 2419 Henderson Avenue, Strap Number 19-44-25-P2- 00926.001 O; 9) Affordable Auto Salvage Inc., 3312 Edison Avenue, Strap Number 19-44-25-P2- 00927.0100; 10) Garden Street Iron & Metal Inc., 3350 Metro Parkway; Strap Number 30-44 25- P4.00108.0000. b. Existing recycling business operation identification. Existing recycling business operations are identified as follows: 1) Garden Street Paper Products, 2998 South Street, Strap Number 19-44-25-P4- 20001 0E.0020; 45 2) Waste Corporation of Florida, Inc., 4251 Michigan Link, Strap Number 17-44-25- P3-2000061.0040; 3) C.M. Gray Scrap Metals, 2803 Lafayette Street, Strap Number 19-44-25-P1- 2000315.0100; 4) Reynolds/American Aluminum Recycling, 2203 Cleveland Avenue, Strap Number 24-44-P1-2000402.001 O; 5) Forestry Resources, Inc ., 4259 Michigan Link, Strap Number 17-44-25-P3- 2000061.0020, plus parcels 00061.002A, 00061.0010, and 00061.0030, and Strap Number 16-44-25-P4-2000300.0280; and 6) Any new recycling business operation permitted after March 18, 2002. c. Conflicting provisions. Where these regulations conflict with other Land Development Code requirements, these use standards shall apply. d. Existing junkyard operations regulated. 1) Existing junkyard operations identified in paragraph a above are prohibited from expansion. 2) For purposes of this section, the term "expansion" means the physical expansion or enlargement of the geographic boundaries of a site . Such term shall not mean additional construction or buildings. 3) Relocation of existing junkyards may be considered by the city council if the relocation site has a future land use designation of light industrial or heavy industrial and the relocation site can be shown to improve the visual impact from the roadways and surrounding properties by observing increased setbacks from the property lines, utilizing sightproof screening, and improving the traffic circulation on the road network by utilizing traffic calming measures. The building and operations shall observe a minimum 250-foot front yard setback and 40-foot setback from all other yards adjacent to nonindustrial districts. Retail business activity may be considered within the 250-foot setback area and shall be wholly contained inside a building, with no outside storage of goods or materials . Said relocation of a junkyard operation with a retail component may be through the planned unit development process. e. New junkyards. New junkyards are expressly prohibited. f. Existing recycling business operations. 1) The existing recycling business operations identified in paragraph b above may be allowed future expansion through the planned unit development process and only on property designated as heavy industrial. 2) No existing recycling business operation shall be allowed expansion if the Heavy Industrial property is within a 1,000-foot radius of property zoned or developed as residential, educational or recreational, unless it can be shown that the expansion area will have the effect of reducing adverse impacts on the residential, recreational or educational zoned or developed property by improving the views and vistas and by reducing or eliminating vehicular traffic. Possible expansion areas within a 1,000-foot radius of property zoned or developed residential, educational or recreational that can meet the above traffic criteria may be considered through the planned unit development process. g. New recycling business operations. 1) New recycling business operations shall be permitted through the planned unit development process only in areas designated heavy industrial as reflected on 46 future land use map that is on file in the city clerk's office, and designated as potential areas for new recycling business operations. 2) New recycling business operations shall be expressly prohibited from being located within a 1,000-foot radius of property zoned or developed as residential, recreational or educational. 3) New recycling business operations shall be wholly contained and operated from an enclosed building. No outside storage of goods, materials or equipment shall be permitted. A sightproof screening shall be required along all public rights-of­ way and along any yard adjacent to a nonindustrial land use or nonindustrial land use district and shall comply with the following: a) Such screening shall be a minimum of a ten-foot high, sightproof enclosure, consisting of a solid fence or wall with a hedge or berm. b) The solid wall shall be either reinforced masonry, concrete stanchioned-slat fencing system, or some other substantial material as approved by the director. c) When the wall and berm or fence and berm combination is utilized, the solid wall or fence shall comprise 50 percent of the overall height. d) All berming shall be 100 percent landscaped with low ground cover such as juniper, liriope, or lantana, and shall be provided with irrigation in accordance with section 138-5. e) Fence or wall columns are required at ten-foot intervals to break up the solid expanse of wall sections. f) The maximum height of the solid wall or wall and berm shall not exceed 15 feet. g) When berms are utilized, maximum slopes of three to one shall be used. h) The sightproof enclosure shall be set back between 15 feet and 40 feet, depending on the buffer yard requirement set forth in chapter 138 and shall be set back 50 feet on arterial streets and 30 feet from all other rights-of­ way. i) A minimum perimeter planting shall be installed along the outside of the sightproof enclosure and shall consist of a minimum of five shade trees, and shall be a minimum of 12 feet in height at planting, and 30 shrubs, to be three-gallon size at planting, per 100 linear feet, or a double row of hedges, at staggered planting, and a minimum of 48 inches at installation, and shall be maintained at 60 inches high, and must be a continuous visual screen within one year after the time of planting, or some other comparable planting scheme approved by the community development director. j) The location of the solid wall and required vegetation shall be subject to the visibility at intersection requirements of chapter 134. h. Mandatory supplemental regulations. The following use regulations are applicable to existing junkyards, existing recycling business operations, and new recycling business operations: 1) Maintenance of the required perimeter planting area shall be the responsibility of the property owner. If any plant materials die, they shall be replaced within 60 days so that the required number of trees and shrubs are always maintained. The landscaping shall be maintained, fertilized, including use of appropriate pesticide and weed control application, and sprinklered twice weekly in the months of October through May, and once weekly in the months of June through September. An efficient irrigation system shall be provided. Use of xeriscape 47 principles, native species, ground cover and mulch is encouraged. The planting area shall be kept clean and free of litter, trash and debris with cleanup in 24- hour intervals. 2) No materials are to be visible above the solid wall from eye level (six feet above grade} at the adjoining road pavement edge. This is not applicable for new recycling business operations which are wholly contained and operated from a building. 3) The operation of equipment or processing of materials shall be limited to the hours of 7:00 a.m. and 5:00 p.m. on weekdays, 7:00 a.m. and 5:00 p.m. on Saturdays, and closed on Sundays when located within 1,000 feet of a residential or recreational use, excluding new recycling business operations to which this subsection is not applicable. 4) The number of parking spaces required shall be according to the requirements of chapter 134. A minimum of five paved parking spaces shall be provided, plus necessary loading spaces and access for emergency vehicles shall be provided in accordance with the requirements of the Land Development Code. i. Amortization program for screening existing junkyards and recycling business operations. An amortization program to screen existing junkyard operations and existing recycling business operations identified in subsections a and b above shall be as follows: 1) All city permit fees due as a result of this amortization program are waived. 2) The amortization program shall be completed within 12 months from March 18, 2002. 3} The previously required sightproof enclosure shall be reinforced, rebuilt/stabilized, and repainted, as necessary, as determined by the director. 4} A minimum perimeter planting along all street frontages shall be installed at a minimum number of plantings of five shade trees, shall be a minimum of 12 feet in height at the time of planting, and 30 shrubs, to be three-gallon size at planting, per 100 lineal feet, or a double row of hedges, at staggered planting, a minimum of 48 inches at installation and maintained at 60 inches high, and must be a continuous visual screen within one year after the time of planting, or some other comparable planting scheme approved by the community development director. j. Administrative relief. Where environmental concerns or physical constraints make compliance impossible, an administrative variance may be recommended by the community development, permit and inspection, planning and director, and the director of the public works department jointly, and approved by the community development director. k. Appeals. Where the applicant feels aggrieved by the decision of the community development director, such appeal shall be taken not more than 30 days from the date of the decision of the community development director, by filing with the community development director a notice of appeal on forms provided by the city. Every appeal shall refer to the specific provision involved and shall set forth the interpretation that is claimed . Within 30 days of receipt of the notice of appeal, the city council shall, at a public meeting, determine reverse, or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made; and to that end, shalt have the powers of the community development director from whom the appeal is taken. 48 2. Warehousing, storage and wholesale operations. No individual structure or group of structures located upon a lot or contiguous lots under one ownership shall contain more than 10,000 square feet of gross floor area devoted to these types of uses; and cold storage plants, frozen food lockers, truck terminals, ice storage houses, fish houses and storage houses containing noxious materials are prohibited. 3. Outdoor storage yard (principal use). All areas used for outdoor storage shall be on a compacted surface acceptable to the engineering division and screened along all street frontages in accordance [with] the requirements in section 118.3. 7 Outdoor storage and display. 4. Prohibited uses in industrial districts. Establishment of any of the following uses is expressly prohibited: a. Abattoirs. b. Acid manufacturing. c. Creosote treatment or manufacturing. d. Fertilizer manufacturing. e. Gunpowder, fireworks or other explosive manufacturing. f. Junkyards. g. Mineral excavation or refining. h. Paper or pulp mills. i. Poison or toxic gas manufacturing. j. Portland cement manufacturing. k. Slag or rock crushing. I. Stockyards. m. Private wastewater facility. n. Any other use, the operation of which may be noxious, offensive or injurious to persons or properties of this community by reason of the emission of excessive amounts of odor, dust, particulate matter, smoke, gas, fumes, noise, refuse matter, vapors, vibrations or other substances or conditions. 118.3.4 -Accessory Uses and Structures. A. General. Accessory uses and structures shall be consistent with all standards in the district for the principal use, except as expressly set forth below. 1. Accessory uses and structures shall be accessory and clearly incidental and subordinate to a permitted principal uses. An accessory use or structure in a residential district shall occupy no more than 30 percent of the gross floor area of the principal use or structure. An accessory use or structure shall only be allowed when a principal use exists. 2. Accessory uses and structures shall be located on the same lot as the permitted use or structure. 3. Accessory uses and structures shall not involve operations or structures not in keeping with the character of the primary use or principal structure served. 4. Accessory uses and structures shall not be of a nature likely to attract visitors in larger numbers than would normally be expected, where applicable. 49 5. Accessory uses and structures shall contribute to the comfort, convenience or necessity of occupants of the primary use served. 6. Tractor trailers are prohibited as storage buildings or structures except as permitted on an active construction site. 7. The setbacks for accessory structures, excluding detached garages, shall be the same as those required for buildings in the district in which they are located. In no instance shall accessory buildings or structures be located within the front setback area of the principal building or front half of the lot. In no instance may an accessory structure setback be reduced to less than five feet. B. Garage apartment. Garage apartments are only permitted in the Dean Park Historic District (see section 98.4.6, Nonconforming uses of structures and premises). C. Home business. The following criteria shall be employed to determine a valid home business and all the conditions must be complied with as set forth below: 1. All home businesses operated in or from a residence shall comply with federal, state and county rules and regulations, city license regulations and other applicable ordinances of the city. 2. One other person, other than the license holder or members of the immediate family residing in the residence, may be employed for a salary, commission or upon any other remunerative basis . 3. No condition shall be permitted which tends to cause or increase the fire hazard to the residence, such as storage of paints or other flammable materials in excess of normal family use. 4. No storage of materials, business equipment, trailers or supplies shall be allowed outside the residential structure, nor shall any indoor display of materials, business equipment or supplies be visible from the outside of the residence; and no home business shall occupy more than 15 percent of the living area of the structure. 5. Home businesses shall not generate pedestrian or vehicular traffic beyond that which is reasonable to the use of the property for residential purposes. 6. The appearance of the structure or premises shall in no way be altered for the conduct of home businesses, nor shall the conduct be such that the structure may be recognized as serving a nonresidential use either by color, materials, construction, lighting or hours of operation. One minimum size sign only, as required by state or federal regulations, may be permitted to be mounted on the structure. 7. Home businesses shall not be construed to include barbershops, beauty shops, tearooms, restaurants, dress shops, commercial kennels, dance studios, repair shops, carpet cleaning services or any other similar uses. D. Domestic television and radio mast-type antennas, and satellite earth station (dish) antennas. 1. The specifications as provided below shall apply to radio and television receiving equipment for domestic installations, provided that the provisions shall not apply to amateur radio stations operating under a license issued by the Federal Communications Commission, and equipment and antennas used for coupling carrier-current power line conductors. 2. Any mast-type antenna exceeding 30 feet of extended height shall require a permit. No permit is required for antennas 30 feet or less in height, but all antennas and antenna type structures shall meet the following requirements: a. The complete installation shall be in accordance with the latest edition of the National Electrical Code and Florida Building Code. 50 b. In all residential districts, no mast shall be placed within the front yard (setback) of any building. Masts shall be located to the side or rear of the building. 3. All dish antenna installations over two feet in diameter shall require a permit and shall meet the following criteria: a. Within all districts, except residential: 1) All dishes shall conform to setbacks required in the district in which such dishes are located. 2) No dish antenna shall be installed within the front yard setback in the CG District. 3) No dish shall be installed where it would interfere with visibility at driveways, roads or intersections as required in chapter 134. 4) Any dish over 13 feet in diameter shall have detailed installation plans, sealed by an architect or engineer registered in the state, and only a general contractor licensed in the city shall erect such antenna. b. Within residential districts: 1) No dish antenna shall be installed on the street side of any lot. Dish antennas shall be adequately screened from view by either a vegetative hedge, shrubbery or fencing to prohibit their visibility from any street. 2) All dishes shall conform to setbacks required in the district in which such dishes are located. 3) No dish antenna exceeding 13 feet in diameter shall be allowed in residential districts. c. In general: 1) Dish antennas that are roof mounted shall be mounted so that they will not be visible from the street and shall be certified by a state registered architect or engineer as to wind and roof load. 2) Advertising or identification on the dish shall be limited to the manufacturer's nameplate, not to exceed six square inches in area. E. Boats and other waterborne vessels. 1. This section shall apply to all waters within and adjacent to the city. 2. Boats and other waterborne vessels may be docked at an owner's residence in a residential neighborhood, but may not be docked for living or sleeping purposes. Such boats or other waterborne vessels, except for sailing vessels, shall have a working source of power sufficient to control the vessel in the event of adverse weather conditions. 3. Any boat or waterborne vessel docked for habitation or sleeping purposes shall only be docked at a public or licensed private marina and shall be equipped with sanitary facilities approved by the United States Coast Guard. F. Docks. 1. Applicability. All docks which are proposed to be constructed, added to, repaired, or structurally altered shall be regulated by the provisions contained below, as well as all other applicable provisions of the Land Development Code. 2. Permit required. Any dock proposed to be constructed, added to, repaired or structurally altered shall first obtain a permit from the appropriate state and federal agencies, if necessary, as well as a permit from the city in accordance with applicable regulations, and written consent of the bottom owner. 51 3. Residential dock construction guidelines. The following guidelines shall govern the construction of residential docks: a. No structure or part of the structure shall exceed a height of three feet above the top of the seawall. b. Where no seawall exists, the height shall be measured from an elevation that is the average of the tops of the closest seawalls on either side of the property. Boat davits will be allowed if not over eight feet in height, no more than ten inches in the widest cross section dimension, not above a height of 48 inches above the top of the seawall, and are located in the center one-third of the property's river frontage. c. Roof covers will be allowed on docks, wharfs or piers in residential districts if all sides are open, except for support columns and if the dock is located in the center one-third of the property's river frontage. d. No residential docking facility shall exceed a distance of 200 feet from the shoreline. Any dock facility beyond said distance shall require a conditional use. e. No more than one dock shall be permitted per parcel. 118.3.5. -Temporary or Mobile Uses and Structures. A Applicability. Certain uses and structures are temporary or mobile in character. They vary in type and degree, as well as length of time involved. Such uses and structures may have little impact on surrounding and nearby properties or they may present questions involving potential incompatibility of the temporary use or structure with existing uses. Unless otherwise specified elsewhere in this Land Development Code, the following regulations shall govern temporary uses and structures B. Permit required. No temporary or mobile use or structure shall be established or maintained unless a permit for the compliance of such use with the provisions of this Land Development Code shall have first been issued in accordance with the provisions set forth below. C. Fee required. Any person or entity requesting to conduct temporary use on private land shall complete a temporary use application and pay applicable fees. Private events held by a resident of a single-family residence on property with a RS-District are exempt from these provisions, including use of tents. D. General requirements. 1. All temporary or mobile uses shall meet the appropriate requirements of the building code, electrical code, fire (life safety) code and plumbing code. 2. All temporary or mobile uses are prohibited unless applications for all required permits have been submitted and fees paid five business days in advance of the first day of the event, and the permit is issued in compliance with all code requirements. Applications for carnivals must be applied for and fees paid at least 30 days in advance of the first day of the event. 3. A copy of the completed application shall be provided to the city councilperson representing the ward where the event is to be held. 4. The community development director and police chief shall review and grant approval of temporary or mobile use application. 5. Exceptions to the advanced five-day or 30-day requirement due to unforeseen time constraints may be granted by the community development director with concurrence of the police chief and shall be subject to double fees. 6. Governmental entities are exempt from the requirements of this section. 52 7. Temporary or mobile uses are allowed in specified districts, provided required parking for the primary use is not blocked off for such activities and written, notarized consent from the property owner is provided to the city. 8. Approval of a temporary or mobile use may be withheld by the city due to an apparent or past record of adverse impacts to the surrounding neighborhood. An appeal of the decision by the city is to the board of adjustments and subject to the provisions of section 98.3.7. 9. Temporary events are temporary in nature and valid for only the dates as specified on the permit. 10. Mobile uses are designed to be transportable such as a cart or a vehicle. E. Permitted temporary uses or events. The following temporary uses or events are allowed in the frequency and in accordance with the requirements stated below. 1. Special events. The term "special events" shall mean an event held on public land or held in or at a public facility or a combination of both public land and public facility. Any person or entity requesting to conduct a special event on public land, not totally within a facility, shall follow provisions in the city's special events handbook. Special events totally contained within a public facility are exempt from the city's special events handbook and are subject to the facilities event fee structure. 2. Fundraising, entertainment events. Events such as fundraising, entertainment, carnivals, arts and crafts festivals, fireworks, Christmas tree or pumpkin sales are allowed at a specific location for 90 days per calendar year in the CG, Cl, IL, IH, district, urban core, urban center, and urban general districts. This does not include businesses selling goods customarily sold at a business location. Such activities may be permitted in other districts than those listed above for a period not to exceed 60 days per calendar year and shall be limited in hours of operation to 8:00 a.m. to 10:00 p.m. All carnivals must have written approval of the councilmember in whose ward the event is to be located and must obtain a temporary occupational license. 3. Off-site sales. Outdoor sales of goods by a business at a place other than the normal place of business, which owns or operates an ongoing licensed business with a fixed facility in the county may be permitted on property within the CG, Cl, IL, and IH districts for a period of time not to exceed 30 days per calendar year. 4 . On-site sales. Outdoor sales of goods by licensed businesses at their permanent location are permitted for a period of three days with a minimum of 30 days between sales. a. Food vending carts or trucks in conjunction with a permitted temporary use or event. Food vending carts or trucks approved by the county health department and the fire marshal may be permitted in conjunction with a permitted temporary use and must obtain a temporary occupational license. F . Permitted Temporary or Mobile Facilities. The following temporary or mobile facilities may be permitted in accordance with the following criteria. 1. Food vending carts and trucks not used in conjunction with a permitted temporary use or event. All food vending carts or trucks must be approved by the county health department. Approval by the county health department must be submitted to the director, as well as compliance with the following conditions, prior to issuance of an occupational license: a. Applicability. Food vending carts or trucks are a permitted use in the CG, Cl, IL, and IH districts. b. Notarized letter. The applicant shall provide a notarized letter from the property owner giving permission for the use of the property. c. Code compliance. 53 a} All food vending carts, trucks, vans and trailers shall be built in compliance with all applicable codes and shall be located in an area which does not detract in any way from visibility at intersections, block or cause blockage of any driveway, fire lane or fire hydrant, or cause any parking problem affiliated with any usage or patronage of the food vending cart, truck, van or trailer. b} The fire marshal shall inspect a temporary food vending cart, truck, van or trailer prior to issuance of the occupational license. The temporary food vending cart, truck, van or trailer shall be maintained in working order and shall not create an adverse view or vista. d. Site plan required. 1} A site plan shall be submitted showing the layout of the area, including the location of food vending carts, trucks, vans, trailers, parking spaces, aisle ways for pedestrians and any seating area. All carts, trucks, vans or trailers shall be located on an approved surface. The dimensions for setbacks shall be determined by the Community Development Director depending on the district where the vending cart, van or trailer is to be located. 2) All temporary food vending carts, trucks, vans or trailers shall be located in areas which do not detract in any way from visibility at intersections, block or cause obstruction to any driveway, fire lane, or fire hydrant, or cause any parking problem affiliated with any usage or patronage of the food vending cart. e. General requirements. 1} Support equipment and accessories shall not be placed around a temporary food vending cart, truck, van or trailer during operation and shall not extend more than three feet from the edge in any direction. 2} No temporary food vending cart, truck, van or trailer shall be placed within public rights-of-way. 3} Temporary food vending carts, trucks, vans or trailers shall be removed each evening. 4) Food vending carts, trucks, vans or trailers are temporary in nature, vesting no permanent rights, and the license to operate may be revoked for any reason by the community development director upon 30 days notice or without notice if the cart poses a health safety or welfare violation. The license may be revoked for a violation of any provision of this section or other applicable regulations. 5) Responsibility for sanitary facilities for employees rests with the business tax receipt holder. f. Movement of facility. If a food vending cart, truck, van or trailer is moved from either its designated place of business or its designated place of storage, the operator must notify the fire marshal in writing. In addition, a satisfactory inspection is required for the new location, including payment of any required fees for an inspection at the newly designated place of business and for an inspection at the newly designated place of storage. g. Transfer of permit. Permits will be issued for individual carts, trucks, vans or trailers at specified locations and will be nontransferable. Change in ownership of a cart, truck, van or trailer, or location shall require the owner to apply for a new permit. Permits and licenses are issued to individual temporary food vending carts, vans or trailers for specific locations and are not transferable. h. Number. There shall be no more than one temporary food vending cart, truck, van or trailer located within 150 feet of another temporary food vending cart, van or trailer. 54 No individual temporary food vending cart, truck, van or trailer shall exceed 400 square feet in size. i. Signage. Advertising signs may be permitted upon the temporary food vending cart, truck, van or trailer and not on the sidewalk or street area. j. Alcohol. No alcoholic beverages are to be sold or consumed from temporary food vending carts, trucks, vans or trailers. 2. All other vending carts. All other vending carts, vans, trucks, trailers, wagons and the like, used for, but not limited to, the sale of flowers, souvenirs or paintings, and which are not part of a permitted special event or temporary outdoor activity are prohibited, except if granted by the city council. 3. On-site temporary signage. On-site temporary signage, including use of banners, shall be allowed for the duration of the temporary use and shall not require a permit. The location of the signage shall comply with the requirements set forth in subsection 126-91 (c) and shall not create a nuisance or hazard to public safety. 4. Trailers, semi-trailers, boat trailers, and RVs. It shall be unlawful to use any trailer, semi-trailer, boat trailer or recreational vehicle (RV) for the purpose of an office or business headquarters, or for the conduct of any business activity in the city, except as specified below. a. A temporary permit may be issued by the community development director for a period not to exceed six months or upon approval of the city council for periods exceeding six months to permit a trailer, or mobile office unit to be used to allow business continuation during a major renovation program of an existing building or when a building loss is caused by fire or an act of nature, provided that the unit meets all necessary state and City Code pertaining to tie-downs, electrical and plumbing. All temporary permits issued will be valid from the date of the renovation permit issuance until seven calendar days after issuance of the certificate of occupancy or any termination date set by the director or city council. b. A trailer, semi-trailer or container may be used for loading or unloading purposes for a period not to exceed two days in a residential district or seven calendar days in any other non-industrial district. A trailer, semi-trailer or container may be parked or placed in an industrial district for loading, unloading and storage purposes. c. In CG, Cl, IL, and IH districts the following shall apply: 1) A fully enclosed trailer, semi-trailer or cargo container approved by the director may be used for storage purposes for a period of time not to exceed 120 days in any 12-month period. A permit shall be obtained from the community development department in order to utilize the trailers or containers. Along with the building permit, the applicant shall also provide five copies of a site plan showing the proposed location and size of the trailers and containers. A representative from the community development, planning and public works departments shall review and approve the plan before a permit is issued. 2) If the plan is approved, there will be a $500.00 fee charged each month per trailer or container for up to four months. 3) After the first 12-month period, an applicant may reapply for a permit for another four months maximum. There is a maximum two-year period established for the temporary use of trailers and containers. No more permits will be issued after that date. d. A boat trailer or recreational vehicle may be parked or stored in the side or rear yard of the owner's residence or place of business, provided that it shall not be used for sleeping purposes or any purpose which violates the provisions of this section or any other applicable provision of the City Code. 55 e. In the IL or IH district a mobile home may be used for the purpose of an office or business headquarters except when the property is adjacent to a collector or arterial roadway. 5. On-site temporary buildings or structures, and mobile offices. a. Temporary buildings or structures, or mobile offices required for a construction project of any kind shall be permitted in every district on the same site where the new project is located, provided that such buildings or structures shall be removed from the site immediately upon completion of the project. b. Accessory structures such as mobile homes or offices shall be permitted in conjunction with a temporary use the duration of the temporary use for office purposes. Use of accessory structures for living purposes is prohibited. Any such office use shall require toilet facilities, with a signed maintenance contract. 6. Model homes. Model homes may be permitted in any district and are subject to the following requirements. a. One sign per model home. The sign shall not exceed 12 square feet, and shall be used for temporary identification/sales purposes. b. Time limit on approval shall be five years maximum or the completion of lot sales in the subdivision, whichever comes first. A one-time extension of approval (up to three additional years) may be granted by the board of adjustments. c. Parking areas must be able to accommodate four cars. Parking areas may be provided at a central sales facility parking lot, or in driveways. Parking may be reduced to two spaces per model when there is more than one model, models are centrally located, and sidewalks connect the models. The reduction to two spaces must be reviewed and approved through the administrative review process. d. Security bond required shall be $3,500.00. e. Limited hours of operation shall be from 8:00 a.m. to 6:00 p.m., seven days a week. f. Outside lighting is prohibited between the hours of 10:00 p.m. and 7:00 a.m. g. For security lighting, two lights shall be permitted, one in the front and one in the rear of the building. h. Model homes shall be used exclusively for display purposes and lot sales within the subdivision only. No construction offices or other business offices are permitted. 118.3.6 -Reserved. 118.3.7 -Outdoor Storage and Display. A. Purpose. The purpose of this section is to provide reasonable limits on the outside storage and display of merchandise in conjunction with a permitted principal use in a base district. These standards ensure that such display and storage contribute to the normal activities of a use while not creating a public health or safety hazard or a nuisance. 8. Applicability. 1. Any merchandise, material or equipment situated outdoors in a commercial or industrial district shall be subject to the requirements as set forth below. Outside storage and display shall not be permitted in a residential or open space district. 56 2. The outdoor sale, lease or rent of motor vehicles as part of a properly permitted use shall not be considered "merchandise, material or equipment" and is not regulated by this section and shall be subject to subsection 118.3.3.C.12, Vehicle sales, lease, or rental. C . Allowed outside storage and display. Outdoor storage and display is allowed by district as designated below. Outside storage and display may be allowed in a district not specifically designated in accordance with the conditional use process (see section 98.3.8). NC CG -------- Outdoor Display ■ ■ ■ ■ Ou tdoor Storage, Limited ■ ■ ■ ■ Ou tdoor Storage, General I ■ D. Categories of outside storage and display. Outside storage and display is classified as follows. 1. Outdoor display. a. Outdoor display is the outdoor display of products actively available for sale. The outdoor location of soft drink or similar vending machines shall be considered outdoor display. Outdoor display shall not include merchandise or material in boxes, in crates, on pallets or other kinds of shipping containers (such merchandise shall be considered limited outdoor storage). b. Outdoor display shall be permitted in association with any nonresidential use (in accordance with subsection C above) following review and approval of a site plan illustrating the extent of the permitted area for outdoor display provided it meets the standards below. 1) Outdoor display shall be removed and placed inside a fully-enclosed building at the end of each business day. 2) Outdoor display shall be permitted adjacent to the building facade and shall extend no more than eight feet from the facade. 3) Outdoor display shall be located no closer than five feet from any public entrance. 4) Outdoor display shall occupy no more than 30 percent of the horizontal length of the building facade. 5) Outdoor display shall not impair the ability of pedestrians to use the sidewalk or parking areas. c. No outdoor storage or display is permitted within any required buffer area or foundation planting area. 2. Outdoor storage. Outdoor storage is more intensive than outdoor display. Outdoor storage is not normally brought indoors overnight. Outdoor storage is broken in two categories as follows: a. Limited outdoor storage. 57 1) Limited outdoor storage is the overnight outdoor storage of vehicles awaiting repair, RV and boat storage at a self-service storage facility, merchandise or material in boxes, in crates, on pallets or other kinds of shipping containers, shopping carts, garden supplies, building supplies, plants, fleet vehicles and other similar merchandise, material or equipment. 2) Limited outdoor storage is permitted in association with any permitted nonresidential use (in accordance with subsection C above) following review and approval of a site plan illustrating the extent of the permitted area for limited outdoor storage provided it meets the standards below. a) Limited outdoor storage shall not be more than eight feet in height and 30 percent of the site area and shall be fully screened from public view by a 100 percent opaque, maximum eight-foot high solid fence or wall. Where located abutting or across the street from a residential district, such fence or wall shall be high enough to completely conceal all outdoor storage from view and the appropriate vegetative buffer, as determined in section 138-4, shall be provided on the exterior of the fence or wall. b) All limited outdoor storage shall be located at least 15 feet from the public right-of-way and any abutting residential district. All outdoor storage areas shall be on a paved surface, unless approved by the public works director. c) Limited outdoor storage shall be located in the rear yard. d) and may be located to the side of a building, provided it is not located within the required side yard or buffer. e) Vehicles awaiting repair may be stored up to 14 days within the required screened storage area, provided that no more than two such vehicles shall be stored overnight at any one time . 3) No outdoor storage or display is permitted within any required buffer area or foundation planting area. b. General outdoor storage. 1) General outdoor storage shall be defined as vehicle storage yards, overnight outdoor storage of shipping containers, lumber, pipe, steel, junk and other similar merchandise, material or equipment. Special requirements have been established for junkyards and recycling business operations (see subsection 118.3.3D.1). 2) General outdoor storage shall be permitted in association with any permitted nonresidential use (in accordance with subsection C above) following review and approval of a site plan illustrating the extent of the permitted area for general outdoor storage provided it meets the standards below. 3) General outdoor storage shall be screened by a 100-percent opaque, maximum ten-foot high solid fence or wall and the appropriate vegetative buffer, as determined in section 138-4, shall be provided on the exterior of the fence or wall. 4) All general outdoor storage shall be located at least 15 feet from the public right­ of-way and any abutting residential use or residential district. 5) General outdoor storage may be located in the side or rear yard. 6) No outdoor storage or display is permitted within any required buffer area or foundation planting area. 58 118.3.8 -Fences and Walls. An application for a fence permit shall be submitted to the city. Fences and fence walls may be permitted under the following regulations: A. General fence and wall requirements. 1. The use of barbed or electric wire is prohibited in all districts except industrial districts and below a height of six feet. Razor wire is expressly prohibited in all districts, with the exception of correctional facilities. 2. All fences, walls, and hedges shall comply with section 134.2.21. Site DistanceNisibility at Intersections. Permitted fences within the defined area for visibility at intersections must be 70 percent open between a height of two feet and nine feet above the centerline grades of intersecting streets. 3. The use of slats or fabric on chain link fencing is not permitted, with the exception of dumpster enclosure gates. 8. 1. Fencing type utilized for the front yard shall be one uniform type of material, style and color. In the case of a corner lot, both street frontages shall be considered the front yard and subject to this requirement. The variety of fencing types in all districts is limited to three different types per parcel. 2. Picket fences may be as tall as 42 inches maximum height above average ground level, provided they have a uniform void or open area of 50 percent when viewed perpendicular to the fence. Below is a plan view and elevation of a typical picket fence. 3. Chainlink and wire fencing: All of the following regulations apply to chainlink fencing. a. Chainlink and wire fencing is prohibited in the front yard and on corner lots where the side is adjacent to a street in any residential zoning district. b. Fencing around sports courts (i.e., tennis courts, basketball courts, baseball courts, volleyball courts, etc.) shall be exempt from the height limitations of this section . c. All chainlink fences (including all poles, rails, gates, supports and the like), except those used by single-family dwellings and industrial uses, shall be green, brown or black plastic or vinyl-coated material only. d. On waterfront property, chainlink fences may extend to the seawall and project up to three feet beyond. r----- Residential & NC­ Maximum Fence Height Rear Yard Water Front Yard ,-------- Adjacent to Street 6 ft. --I 2.5 ft. opaque, up to 6 ft . 70% clear/open 2.5 ft. opaque, up to 6 ft. 70% clear/open Commercial-Maximum Industrial-Maximum j Fence Height Fence Height 8 ft. 10ft. I 2.5 ft. opaque, up to 8 ft. 70% clear/open r 2.5 ft. opaque, up to 8 ft. 70% clear/open I 10 ft. J 2.5 ft. opaque, up to 10 ft. 70% clear/open :J 8 ft. 10 ft. 6 ft. Side (not Adjacent j ~---- 59 r-- to Street) 118.3.9 -Screening and Location of Refuse and Recycling Containers and Mechanical Equipment. A. Applicability. Prior to the issuance of building permit by the city for the construction, renovation or modification of any development, other than a single-family or duplex development, provisions shall be made for a permanent location for the storage and handling of refuse, as well as a separate container for recyclable material. Such arrangement shall provide free access to containers by mechanized equipment at all times . Acting jointly, the public works department, the community development department and builder-owner-occupant, as applicable, shall mutually arrive at a satisfactory arrangement to meet these requirements. B. Containerized refuse service. 1. Containerized refuse service shall be inaugurated by the city at any commercial establishment where practical or in the promotion of improving sanitary conditions or elimination of health hazards . Containers are and shall remain the property of the city. 2. The user is responsible for the protection of containers placed on or adjacent to his premises . 3. The user shall be held liable to the extent of the cost of repairs or replacement of containers when damaged by fire, negligence, vandalism or other forms of abuse. 4. It shall be a violation to place used motor oil, liquid cooking oil, grease, chemicals, putrescible liquids or explosives in any container. 5. Free access to containers at all times shall be provided by the user. 6. The size or number of containers shall be determined by the volume of refuse. 7. Outdoor trash and recycling container areas shall be screened from view from streets, alleys or adjacent properties using one of the following screening methods : a. Masonry wall with stucco finish; b. Stucco wall with landscaping; c. Dense vegetative hedge; or d. HVAC equipment located on flat roofs shall be enclosed by parapets a minimum of 42 inches high or as required to conceal the equipment to the satisfaction of the director. 8 . Vinyl coated chain link fencing cannot be used to meet the screening of dumpsters, except when the dense vegetative hedge option is selected. Vinyl coated chain link fencing in that instance can be used inside the hedge around the dumpster for security purposes. The screening shall completely conceal the HVAC, mechanical equipment and outdoor trash and recycling container. 9. Dumpster enclosures must have a minimum five-foot setback from side or rear property lines and cannot be located within a required landscape buffer yard. Enclosures must conform to district setback requirements if along a collector or arterial road. Dumpster enclosures cannot be located within the required front yard setback. C. Mechanical Equipment. Prior to the issuance of building permit by the city for the construction, renovation or modification of any development, other than a single-family or duplex development, provisions shall be made for the location of any new mechanical equipment. 60 1. HVAC and mechanical equipment shall be screened from view from streets, alleys or adjacent properties using one of the following screening methods: a . Masonry wall with stucco finish; b. Stucco wall with landscaping; c. Dense vegetative hedge; or d. HVAC equipment located on flat roofs shall be enclosed by parapets a minimum of 42 inches high or as required to conceal the equipment to the satisfaction of the director. 2 . Vinyl coated chain link fencing cannot be used to meet the screening requirements except when the dense vegetative hedge option is selected. Vinyl coated chain link fencing in that instance can be used inside the hedge around the equipment for security purposes. The screening shall completely conceal the HVAC and mechanical equipment. D . Administrative deviations. A deviation from these requirements may be considered where physical constraints or environmental concerns make compliance impossible. The deviation shall be clearly identified on the site plan, as well as accompanied by any explanation of the benefits to be obtained from such deviations. The planning manager may approve the deviations, with the consent of the public works director in accordance with section 98.3.3. Anyone aggrieved by the decision of the Community Development Director may appeal to the board of adjustments. 118.3 .10 -Commercial Wireless Telecommunication Facilities. A. Intent and purpose. The purpose and intent of this section is to accommodate the increasing communication needs of the community, while protecting the public health, safety and general welfare. These regulations are necessary in order to facilitate the provision of wireless telecommunication services to the residents and businesses of the city and minimize adverse visual impacts and effects of towers through the utilization of careful design, landscaping, screening, innovative camouflaging techniques, and siting standards. B. Siting preferences. 1. All new commercial wireless telecommunication facilities shall conform to, and be reviewed in connection with, the following city siting preferences (listed in descending order of preference). Applicants shall demonstrate to the satisfaction of the approving authority that these preferences have been evaluated in the following order of preference: a. Preference One. For antennas located on city owned buildings and structures, the applicant must demonstrate that there are no suitable city owned buildings or structures within a one-mile radius, as identified in subsection E.5.a.1 ).c) of this section, which would accommodate the facility without unreasonably compromising the facility's signal reception or transmitting capability, or unreasonably compromising the communication provider system's capability, as provided in subsection E.5 of this section. b. Preference Two. If a facility cannot be located on candidate sites within site preference one above without unreasonably compromising the communication provider system's capability, the city will next consider sites for antennas located on non-city owned buildings and structures. c. Preference Three. If a facility cannot be located on candidate sites within site preference one or two above without unreasonably compromising the communication provider system's capability, the city will next consider sites for towers located on city owned property. 61 d. Preference Four. If a facility cannot be located on candidate sites within site preference one, two or three above without unreasonably compromising the communication provider system's capability, the city will next consider sites for towers located on industrially designated property. e. Preference Five. If a facility cannot be located on candidate sites within site preference one, two, three or four above without unreasonably compromising the communication provider system's capability, the city will next consider sites for towers located on any eligible property. 2. The approving authority of the city may require opinions from suitable engineers or other learned professionals or experts when evaluating siting preferences. C. Permitted and conditional uses. 1. Commercial wireless telecommunication antennas mounted on existing towers, buildings and other structures are permitted uses in all zoning districts. 2. Radio, telephone, and television transmission towers and facilities (commercial} are permitted uses in the light industrial (IL} and heavy industrial (IH} zoning districts. 3. Commercial wireless telecommunication facilities are conditional uses in all residential zoning districts (RS-and RM-}, and professional office districts (PO}. 4. Radio, telephone, and television transmission towers and facilities are conditional uses in commercial districts CG and Cl, and recreation district (REC}. D. Additional placement restrictions. The only towers allowed in the residential zoning districts (RS-and RM-} are towers supporting commercial antennas and conforming to all applicable provisions of this section, and shall be allowed only in the following locations: 1. City owned parcels; 2. House of worship sites, when appropriately camouflaged to blend into the facility's character (e.g., steeples, bell towers, etc.}; 3. Cemeteries, when appropriately camouflaged to blend into the facility's character. E. Additional application submittal requirements. In addition to the information required elsewhere in this section, permit applications for towers shall include the following supplemental information: 1. Report. A report from a qualified licensed professional engineer, which: a. Describes the tower height and design, including a cross section and elevation; b. Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas; c. Describes the tower's capacity, including the number and types of antennas that it can accommodate d. Documents what steps the applicant has taken, or will take, to avoid interference and obstruction with established or proposed public safety telecommunication facilities; e. Documents that the tower and/or antennas have been designed to withstand sustained wind speeds of 130 miles per hour, in accordance with the Florida Building Code, as locally amended, whichever is greater; f. Includes an analysis and/or other data and/or documentation that certifies that, in the event of a catastrophic failure, fall, or collapse of the tower, said tower would fall or collapse within the collapse zone of the proposed tower; g. Includes an engineer's signature, seal and registration number; and h. Includes other information necessary to evaluate the request. 62 2. Letter of intent. For all commercial wireless telecommunication service towers, a letter of intent, committing the tower owner and his successors to allow the shared use of the tower if an additional user agrees , in writing, to meet reasonable terms and conditions for shared use. 3. Balloon test. a. For a conditional use, the applicant shall submit documentation of having conducted a balloon test, together with a visual impact analysis of the test. The purpose of this test is to assist the approving authority in determining the aesthetic impact of a tower and its antennas. b. Such test shall consist of the flying of a balloon, which is the same color as the proposed tower and a minimum of four feet in diameter, anchored to the ground so the balloon flies at the same height and location as the proposed tower . The balloon shall be flown continuously each day between the hours of 8:00 a.m .-11 :00 a.m. for three consecutive days. Such test shall comply with any and all Federal Aviation Administration (FAA) and emergency medical service helicopter service rules, regulations, and notifications. c. Such test shall be conducted prior to the required planning board public hearing. Notice of such test shall be sent to the surrounding property owners within 300 feet of the site, in accordance with the public notice requirements prescribed in the conditional use application. Said notice shall include a statement of what specific days and hours the balloon will be flown and alternative dates and hours in the event of inclement weather, as well as the planning board's public hearing date, time and location. d. The applicant shall provide documentation of the balloon test to the planning board and board of adjustments. The documentation shall include photographic and/or video evidence depicting the balloon and its relationship and proximity to the neighboring properties, buildings and uses. The photographs/video may be accompanied by a corresponding written visual impact analysis and any other bona fide documentation or evidence the applicant feels may assist the approving authority in determining visual impact. 4. Aesthetic effects, devices and techniques. The purpose of this subsection is to assist the planning board and board of adjustments, as part of a conditional use request, in determining whether or not a proposed tower is camouflaged and/or concealed appropriately in a given area; therefore, the applicant shall submit the following documentation: a. A colorized pictorial representation, artist rendering, or similar representation, drawn to scale; b. Design specifications of the various proposed techniques (if drawings, plans and/or other graphic representations are included, they shall be drawn to scale); and c. A corresponding statement explaining what the nature and character of the area is within which the tower is proposed with respect to land use, surrounding environment, building heights and design, and how the proposed camouflaging and/or concealment agents will blend in and harmonize with the nature and character of the area. 5. Collocation requirements. All commercial wireless telecommunication towers erected, constructed, or located within the city shall comply with the following requirements: a. New commercial telecommunication service towers. 1) A proposed new commercial telecommunication service tower shall not be approved by the city unless the applicant demonstrates to the satisfaction of the board of adjustments, or the director for permitted structures, that the telecommunications equipment planned for the proposed tower cannot be 63 accommodated on an existing or approved tower or building, regardless of municipal boundaries and due to one or more of the following reasons: a) The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced , modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost. b) The planned equipment would cause interference or obstruction, materially impacting the usability of other existing or planned equipment at the tower or building, as documented by a qualified and licensed, if applicable, professional and the interference cannot be prevented at a reasonable cost. c) Existing or approved towers and buildings within a one-mile radius cannot accommodate the planned equipment at a height necessary to function reasonably, as documented by a qualified and licensed, if applicable, professional. d) Other reasons that make it unfeasible to locate the planned telecommunications equipment upon an existing or approved tower or building, as documented by a qualified and licensed, if applicable, professional . 2) Verifiable evidence from the applicant of the lack of space on existing towers, buildings or other structures to locate the proposed antenna within the one-mile search radius, as identified in subsection E.5 .a.1 ).a) of this section, or the siting preferences identified in subsection B of this section shall be supplied at the time of application for a new tower. 6. Proposed commercial wireless telecommunication service towers. a) Any proposed commercial wireless telecommunication service tower shall be designed structurally, electrically, and in all other respects to accommodate antenna arrays as follows : Tower Heights r Greater than 161 feet 101-161 feet Less than 101 feet Number of Arrays 3 _J 2 I 1 I b) Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. 7. Notice. In order to provide the maximum opportunity for other providers to collocate on a new tower, the applicant shall provide notice to all other potential wireless telecommunication users of the new tower, offering an opportunity for collocation. If another potential user requests collocation, the request shall be accommodated, unless it can be documented as outlined in subsection E.5.a.1 ).a). of this section that collocation is not possible. 64 8. Map. In order to encourage collocation of facilities, the city shall maintain a map of all existing towers on which an antenna has been located. To prepare and maintain such a map, at the time of its first application after June 15, 1998, each applicant for a tower and/or antenna shall provide the city with an inventory of all the applicant's existing towers and antennas that are located in the city and within one mile outside the city limits. The inventory shall specify the location, type and design of each tower, the ability of the tower to accommodate additional antennas, and, where applicable, the height of the support structures on which the applicant's existing antennas are located. This information shall be available for public use in encouraging the collocation of antennas on existing tower facilities. By requiring and using this information, the city is in no way representing or approving such sites as available or suitable. F. Additional standards and criteria for review. 1. The board of adjustments shall consider and weigh the aesthetic impact and compatibility issues with the public benefit derived from having efficient and reliable wireless telecommunications systems when determining whether or not to approve the application. 2. In addition to general review criteria, in order to be approved, towers and antennas shall be designed, as determined by the board of adjustments, to blend into the surrounding environment through the use of color, texture, and/or camouflaging architectural treatment, or by reason of existing conditions, to minimize its visual intrusiveness and negative aesthetic impact. When considering approval of an application, the board of adjustments shall review such application with consideration of the following factors: a. Whether the tower will be readily visible and whether the proposed facility/tower will, as determined by the board of adjustments, unreasonably interfere with the view from any public park, historic building or district, or scenic river view; b. The type of the tower, the shape and width of the facility relative to its height, and the color, texture, and reflectivity of materials, with neutral colors and nonreflective materials being given preference, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration; c. The type of antennas proposed for the tower, with narrow profile antenna arrays being given preference, if feasible; d. The nature of uses on adjacent and nearby properties and the relationship of the proposed facility to the character and scale of surrounding structures and uses, with preference being given to sites adjacent to nonresidential uses; e. On-site and surrounding tree coverage and foliage; f. The effectiveness of the use of screening and concealment devices and techniques, including but not limited to the use of structural camouflaging, buffer walls, opaque fencing and landscaping. G. Tower design and construction requirements. New or replacement towers shall meet the following design and construction requirements: 1. The base of the tower, anchors, and any accessory facility or building shall be substantially screened from view from public streets and adjoining and nearby protected residential properties with a combination of evergreen and deciduous trees and shrubs, with recognition of CPTED principles, except when the board of adjustments determines a design of nonvegetated screening better reflects and complements the architectural character of the surrounding neighborhood. The use of all types of barbed wire or razor wire is prohibited. 2 . All ground-mounted commercial wireless telecommunication service towers shall be of a monopole or camouflaged design unless it can be evidenced by the applicant and approved by the board of adjustments that an alternative design would better blend into the particular surrounding environment. 65 ------ 3. With the exception of necessary electric and telephone service and connection lines approved by the city, no part of any tower, anchoring devices, or guys, equipment, or wires, or braces in connection with either, shall at any time project across or over any part of a public right-of-way, public street, highway, sidewalk, easement unless agreed to by the easement holder, or property line. 4. Every tower affixed to the ground shall be designed to discourage climbing of the tower by unauthorized persons. 5. All ground-mounted commercial wireless telecommunication towers shall be located to create a collapse zone equal to one-fourth of the tower's height. Such collapse zone shall be free of all buildings, except for those associated with the commercial wireless telecommunication facility and those located on the parcel on which the tower is proposed to be located. H. Tower setbacks. All towers shall conform with each of the following minimum setback requirements: 1. Towers shall meet the setback requirements of the underlying land use district. 2. New towers shall be set back from the public rights-of-way by a minimum distance equal to one-half of the height of the tower, including all antennas and attachments . 3. New antennas may be located on existing towers, poles and other structures in all public rights-of-way and easements. 4. Towers shall not be located between a principal structure and a public street, with the following exceptions : a. In industrial zoning districts, and b. On sites with public streets on all sides , where towers may be placed within a side yard that abuts a local street. I. Tower height. All proposed towers shall conform with each of the following maximum height requirements: 1. The height of towers shall be determined by measuring the vertical distance from the tower's lowest point of contact with the ground to the highest point of the tower, including all antennas or other attachments. When towers are mounted upon other structures , the combined height of the structure and tower must meet the height restrictions listed below. 2. In all residential zoning districts, the maximum height of any tower, including all antennas and other attachments, shall be 35 feet. This height limitation shall not apply in the event the applicant utilizes camouflaging architectural treatments and techniques in constructing the facility on either city owned parcels or house of worship sites. 3. In all nonresidential zoning districts, the maximum height of any tower not mounted on an existing building, including antennas and other attachments, shall not exceed one foot for each two feet the tower is set back from any residential land use district park, historic structure, or river. However, in no event shall any ground-mounted tower exceed the following heights: Number of Array Heights Three or more levels I Maximum Height (Feet) 200 Two levels 160 _J 66 One level 100 4. Towers mounted on existing buildings shall comply with the requirements of subsection 0 of this section. J. Tower lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights, except for aviation caution lights shielded from sight from the ground, unless such lighting is specifically required by the Federal Aviation Administration, local emergency medical services or other federal or state authority for a specific tower. All height or greater must be artificially lighted and maintained pursuant to the technical requirements of the Federal Aviation Administration's current Advisory Circular 70/7460-1J, Obstruction Marking and Lighting, towers 150 feet above ground level in or other appropriate aviation authority and current edition of NFPA 70 National Electrical Code and the Florida Building Code, Pamphlet EIA/TIA 222-F, latest edition. Forty-eight hours before commencing construction of a communication tower, and within 48 hours after the communication tower construction reaches its maximum height, the county mosquito control district must be notified. Notice must include the specific location of the tower. When incorporated into the approved design of the tower, and when in accordance with all other appropriate portions of this section, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. K. Signs and advertising. The use of any portion of a tower for signs other than warning or emergency information signs is prohibited. L. Accessory utility buildings. All utility buildings and structures accessory to a tower and/or antenna shall be architecturally designed, as determined by the board of adjustments, to be compatible with, and blend into, the surrounding environment and shall meet the minimum building setback requirements of the underlying land use district. M. Bi-annual registration and certification. 1 . The owner of a tower shall bi-annually file with the director or his designee, a declaration as to the continuing operation (with active antennas) of every facility installed subject to these regulations. Said declaration shall include: a. A listing of all tower users' names and mailing addresses, and b. Any additional information deemed appropriate by the city. 2. Every three years, or within 60 days following a catastrophic act of God or other emergency that affects the structural integrity of the tower, a certification of continued structural integrity (i.e., a statement that a thorough and complete inspection of the tower was conducted and the tower and ancillary facilities are and will continue to perform as originally designed), certified by a qualified and licensed professional engineer, shall also be filed with the director or his designee. 3. The bi-annual declaration and certification, when required , shall be filed on or before October 1. Failure to timely file either the bi-annual declaration (registration) or the certification shall mean that the tower is deemed to be abandoned, unused, or unsafe, thus subject to the notice of code violations provisions set forth in sections 54-166 and 54-167. N. Abandoned, unused or unsafe towers. The intent and purpose of this subsection is to address the compelling public interest in ensuring that towers are promptly disassembled, dismantled, and removed once they are no longer used. The city council finds that there is substantial risk that towers may cease being used in large numbers if there is a concentration or consolidation of competitors within the industry or if even newer technologies arise, obviating 67 the need for towers. In accordance with subsection M.2. of this section, towers that are abandoned or unused for a period of 12 months, or are unsafe, shall be removed as follows: 1. The director may order that the commercial wireless telecommunication tower be demolished and removed, based upon determining that the tower is abandoned or unused for a period of 12 months or is unsafe in accordance with the provisions of the Standard Unsafe Building Abatement Code, 1985 edition, and the city local amendments thereto, as revised, relating to notice and hearing. 2. In accordance with chapter 7, recovery of costs of repair or demolition as set forth in the Standard Unsafe Building Abatement Code, 1985 edition, and the city local amendments thereto, as revised, the city may recover its costs associated with the demolition and removal of any such tower. 0. Antennas mounted on roofs, walls, and existing towers. 1. The placement of commercial wireless telecommunication antennas on roofs, walls, existing towers, and other structures is encouraged. Such requests may be approved administratively by the director, provided the antenna meets the requirements of this Code, after submittal of: a. A site plan and building plan in accordance with this Code; b. A report, prepared by a qualified and licensed professional engineer, indicating the existing structure's or tower's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure; and c. A copy of an affidavit of lease stating the parties to the lease, the term of the lease and the consent of the owner of the existing structure or tower to the proposed placement. 2. Such placements shall comply with the following requirements: a. No such commercial wireless telecommunication antenna shall be placed on any residential building of less than four stories; b. For facilities mounted on an existing building, the tower and antenna must be of a color that is identical to, or closely compatible with, the color of the building so as to make them as visually unobtrusive as reasonably possible. In addition, supporting electrical and mechanical equipment shall be screened from view or be camouflaged; c. No such commercial wireless telecommunication antenna shall exceed 25 feet in height from the top of the building, existing tower or other structure; d. For all commercial wireless telecommunication antennas mounted on an existing building, the maximum height of the antennas' support structure shall not exceed ten feet from the top of the building; e. The diameter of roof mounted dish antennas shall not exceed 6.5 meters (approximately 21 feet), provided that no such antenna shall be visible from front yard areas and the color, location and design shall blend into and not detract from the character and appearance of the building and surrounding properties; f. The diameter of a tower mounted dish antenna shall not exceed four and one-half feet. P. Interference or obstruction with public safety telecommunications. New telecommunications facilities shall not interfere with or obstruct existing or proposed public safety telecommunications facilities. All applications for new service shall be accompanied by a certification obtained by the applicant from the police chief, fire chief, county sheriff and county director of emergency management that the tower and ancillary facilities are not expected to interfere or obstruct existing or proposed public safety telecommunications facilities. The police chief, fire chief, county sheriff and county director of emergency management shall file any objections to the application for new telecommunication facilities within 30 working days from 68 the date of their receipt for such a request for certification. The applicant shall provide the city with a copy of the request for certification, with an affidavit stating the date upon which such request was submitted to the respective agency. In the event interference or obstruction does occur with public safety telecommunication facilities, it shall be the responsibility of the owner of the commercial wireless telecommunication facility creating the interference or obstruction to make all necessary repairs and/or accommodations to alleviate the problem. Q. Issuance of building permit. 1. Before the issuance of a building permit, the following supplemental information shall be submitted: a. A copy of the Federal Aviation Administration's response to the submitted notice of proposed construction or alteration, or its replacement, shall be submitted to the director; b. A report from a qualified and licensed professional engineer, which demonstrates the tower's compliance with the appropriate structural and electrical standards; c. A notice of compliance with section 34-1008, permit for tall structure, of the county land development code, from the county port authority. 2. Prior to receiving a final inspection by the community development department, documented certification shall be submitted to the Federal Communication Commission, with a copy to the community development department, certifying that the telecommunication facility complies with all current applicable Federal Communications Commission regulations, or is exempt from the same, for non-ionizing electromagnetic radiation (NIER). R. Technical consultants and experts. The city shall have the right to retain independent technical consultants and experts that it deems necessary to properly evaluate applications for commercial wireless telecommunication facilities and to charge a reasonable cost under the city's billable fee system for such services to the applicant. S. Commercial wireless telecommunication towers and antennas approved prior to effective date. All commercial wireless telecommunication towers and antennas legally approved prior to July 20, 1998, shall be considered permitted nonconforming uses and structures. However, to encourage the use of existing facilities, such nonconforming status shall not prevent the placement, modification or relocation of any antenna on any such tower . ARTICLE 4. -OVERLAY DISTRICTS 118.4.1 -Application of Overlay Districts. A. This chapter contains overlay districts that are applied by modifying the underlying zoning through application of the additional provisions below. B. Not all overlay districts are mapped on the official zoning map. The following overlay districts are applied at the time of application for a permit based on the specifics of the site and the development proposal: 1. Emergency management communications overlay; and 2. Environmentally sensitive lands overlay. 118.4.2 -Winkler Avenue. 69 A. Within the Winkler Avenue development district, the following special requirements shall apply to all property fronting on Winkler Avenue, east of Metro Parkway: 1 . Signage standards. a. Signage is an integral component of the building and site design and should be appropriately scaled and consistent in character with the project's overall design. b. Number of signs: There shall be one sign per facade. c. Size of signs: A wall or monument sign shall be no greater in size than five percent of the linear frontage; if two or more streets are involved, the street deemed the ''frontage/entrance" shall apply for measuring the five percent limit. Monument signs shall not exceed eight feet in height. d. Project identification/entry signs are permitted in conjunction with the requirements in section 126-99. e. Prohibited signs: In addition to those signs prohibited in section 126-91, billboards, pole signs and promotional inflatable signs are expressly prohibited. f. Additional signage or modifications to the signage provisions may be considered through the deviation process referenced below. 2. Special setback. The minimum setback for buildings and structures shall be 80 feet. A maximum of two rows (one double-loaded aisle) of parking may be located in the front yard (setback), if desired. When parking is located within this front yard setback, a screening wall or fence of solid construction at three and one-half feet in height shall be required. This decorative screening wall is not to be one solid expanse of wall. The intent is to provide a direct proportion of wall segments to open space therefore, the wall segments/open space segments shall be a minimum length of 30 foot intervals, up to a maximum length of 60 foot intervals. The open space shall be landscaped with earth berms, shade trees and shrubs. A double row of shrubs planted at staggered spacing and meeting the requirements of subsection 138-42(d) shall be located in front of the wall segments. The screening wall shall be located 20 feet from the property line and at least 25 feet from intersections with driveways and other streets (See subsection 134.2.21 ). 3. Minimum setback. The minimum setback for parking, if located in the front yard (setback), shall be 25 feet. This 25 foot yard area shall be used for landscaping, street trees, allowable signs, and such necessary walks or driveways as may be approved by the community development official and public works. 4. Pedestrian ways. Pedestrian ways linkages or paths must be designed and constructed to provide access between parking areas and building entries and from the building entries to surrounding streets, external sidewalks and out parcels. Pedestrian ways may be incorporated within a required landscape perimeter buffer or enhanced landscape areas. 5. Deviations/betterment plan. a. If an applicant desires to deviate from the above requirements, the board of adjustments may, based upon city recommendations, approve an alternative design or betterment plan. A deviation permits a practice that is a variation from a specific provision of this article, but that is justified by need, hardship or physical constraint. Deviations may be granted by the board of adjustments in accordance with section 98.3.4. A deviation shall be considered unique and shall not set precedent for others. 118.4.3 -Cleveland Avenue. A. U.S. 41 (Cleveland Avenue) design standards are as follows: 70 1. Purpose and intent. The purpose and intent of this subsection is to supplement and enhance existing regulations and encourage the design of developments which will provide safe, convenient, and efficient access for vehicles while also providing safe convenient access and efficient passage for pedestrians from the public right-of-way to the commercial building or development. It is further the intent of this subsection to maintain and complement the streetscape by requiring that buildings be designed with architectural features and patterns that provide visual interest. Where these supplemental regulations conflict with other Code requirements, these supplemental regulations shall apply. 2. Applicability. All new development, renovations, or redevelopment of property abutting Cleveland Avenue shall be subject to these supplemental requirements. For purposes of this subsection, the term "renovation and redevelopment" shall mean, in the case of additions or renovations to, or redevelopment of, an existing building or project, where the costs of such addition, renovation, or redevelopment exceeds 20 percent of the assessed value (land and building value) as determined by the county property appraiser's office, of the existing site, or an increase by 20 percent of the existing square footage. Failure by a property owner to comply with the terms of this subsection shall be subject to the penalty clause in section 98.1.7, or prosecution as provided in section 1-14. 3. Design standards. a. A landscape treatmenUfeature consisting of a combination of ground cover, trees and shrubbery shall be instituted along street frontages and shall be a minimum area of at least nine percent of the actual front yard setback area (see illustration below). Recommended trees, shrubs, ground cover and planting specifications to be utilized within the actual nine percent landscape area are found in table 1 below. I U.S. 41 Cleveland Ave. Table 1: Plant List Botanical Name Specifications ,- TREES ~ eeform Min. 6' ht., 3-4' spr., multi-trunk UT Ligustrum japonicum I L1gustrum T I 71 SM Mahogany Sw1etema mahogam . . QL I Laur_e_l 0-a-k---+---Q-ue_r_c_us_l_a- I Live Oak ~ 45 gals., min. 10'-12' ht., 2" cal @ 12", 4'-5' spr. urifolia I 45 gals., min. 10'-12' ht., min. 4'-5' spr. QV I Quercus virgini;;;;;;-1 Min. 65 gals., 12'-14' ht~ l Min. 25 gals., min. 4' ht. O.A., double, full PR Pygmy Date Palm I Phoenix roebelenii rounded form, specimen quality RR SP BN --------------.-- Royal Palm Sabal Palm Bismark Palm Roystonia regia Sabal palmetto Bismarckia nobilis silver Min. 14' O.A., matched ht. and appearance, j greenwood, no scarred trunks Staggered hts. 12'-18' O.A., booted, min. 7 I fronds per head, full heads _j Min. 25 gals., 4'-6' ht. I WB Foxtail Palm I Wodyetia bifurcata FG 10'-14' O.A. I J Manila Palm Veitchia merrill FG 10' ht., SG., full heads VM [--I I SHRUBS Min. 7 gals., min. 30" O.A., symmetrical form, CA Crinium Lily Crinium asiaticum full heads, plant to first row of leaves r r r . Cl GG ING PS Cocplum Thryallis lxora Nora Grant Fountain Grass f ian Hawthorn T I Min. 3 gals., 24" ht. 24" spr., full foliage, full Chrysobalanus icaco rounded appearance, 24" O.C. T -1 Min. 3 gals., 18" ht. 24" spr., full foliage, full Galphimia gracillis rounded appearance, 30" O.C. ---+------~-~ Min. 3 gals., 24" ht. 24" spr., full foliage, full lxora nora grant rounded appearance, 30" O.C . Min. 3 gals., 24" ht. 24" spr., full foliage, full Pennisetum setaceum rounded appearance, 30" O.C. r Rhapeolepsis indica Min. 1 gal., full rounded form, 24" O.C. RI 72 __ _ l GROUNDCOVERS AND ANNUALS Juniperus chinensis arsons Juniper .. parson11 1 gal., min. 4-5 runners, 12" spr., full rounded form, 18" O.C. I Liriope muscari ------;--1 gal., 12" ht., full to edge of pot, full form, LM Evergreen Giant . evergreen giant 12-14" O.C No sod is permitted in this area. On corner lots, if there is ten linear feet or greater between the building and side property line or between the property line and pavement edge, a cluster of three palm trees (planted at staggered heights) for every 25 linear feet of the building side wall dimension shall be planted within the existing yard; however, the sight distance/visibility at intersection requirements of as set forth in section 134.2.21 must be observed. This landscape area is in addition to the requirements set forth in chapter 138, pertaining to vegetation (see illustration below). T ! l'otcntial p antq area (3 Pal.-.$1z, liftcar fHt of ,;de bcMng wall) 1r------- Existing Commercial Bldg. 1 L E <-t Nopl .. tingbctw&e,, U.S. 41 Cleveland Ave. H,' 1o 9• If there is less than ten feet of land area between the building edge and property line, the liQht--Of-way may be utilized to meet the three palm trees every 25 linear feel of the building side requirement , If approved by the public works administrator (see Illustration below)_ 73 PntentiQI R,O.W. plmrtirv IING Front ~k ' . -, : -----,orU!flal planting cwa whet& less 1hari 10' .-i1ti'l9 side yG"d 1r--------(3 Pal!M/25 liMar fut af ,rac bdllcling 11011) -c -· -· " I . " ~'.'•;· .-1·' {. g! Existing ··i . . ... --,,, . ,;,.. " _. , ... ,, Commercial ·;.,,-· f '. !~ 0 Bldg. .· /' a. I I J ' L __ _ -.-----&e t . No plQllting bttweCll U.S. 41 21/.'to9' b. Royal Palms are the desired tree species to be planted along the Cleveland Avenue street frontage. Where buffer yards are required, Royal Palms may be substituted {on a one-for-one basis) in lieu of another canopy tree. The recommended planting height of the Royal Palms shall be a minimum of 14 feet, spaced approximately 15--20 feet on center. c. Maintenance of the required landscape area shall be the responsibility of the property owner. If the plant materials die, they shall be replaced within 60 days. The landscaping shall be maintained, fertilized, including use of the appropriate pesticide and weed control application, and sprinklered in perpetuity to the extent that healthy plant life is sustained, or, if needed, removed and replaced to keep the area in its condition when first installed. d. No parking shall be allowed within the front setback area for new developments. Parcels to the rear and contiguous to properties abutting Cleveland Avenue may be used to meet the minimum parking requirements, regardless of the future land use designation. However, parcels designated RS-6, RS-7, RS-D, RM-12 or RM-16 shall not allow parking to be located within 200 linear feet of an existing single-family residence. A new car lot may utilize up to 50 percent of the front setback area for the display of vehicles, and the other 50 percent of the front setback area shall be provided with the required landscaping. e. Pedestrian ways, linkages or paths must be designed and constructed to provide access between parking areas and building entries and from the building entries to surrounding streets, external sidewalks and out parcels. Pedestrian ways may be incorporated within a required landscape perimeter buffer or enhanced landscape areas. Shared pedestrian walkways are encouraged. f. Lighting must be designed and installed using cut-off fixtures. A 270-degree radius/plan view cut-off shall be used on corner lots. A 180-degree radius/plan view cut-off shall be used on interior lots or for lights placed within 20 feet from the intersection, road right-of-way, or adjacent property lines. Lighting fixtures may not exceed a maximum of 30 feet in height within the parking lot and a maximum of 17 feet in height within nonvehicular pedestrian areas. 74 g. All primary facades must be designed with consistent architectural style, detail, and trim features. For the purposes of this subsection, the term "primary facade" means any facade abutting a street. Corner lots shall be defined as having two primary facades. Buildings must provide a minimum of four of the following eight building design treatments and must comprise 50 percent of the facade area: 1) Awnings on all windows and door openings facing rights-of-way (use of plastic or vinyl material is prohibited), 2) Attached canopies, 3) Substantial overhangs (18 inches minimum), 4) Porticos, 5) Arcades, 6) Peaked roof forms, 7) Display windows along a minimum of 20 percent of the first floor front walls or any other wall alongside a pedestrian walkway, 8) Clock or bell towers. h. Building walls and facades must avoid large blank wall areas by including at least three of the four design elements listed below, in a repeating pattern. At least one of the design elements must repeat horizontally: 1) Material change, 2) Offsets or projections, 3) Bandings, 4) Reveals. i. Signs should be designed to complement rather than detract from the visual impact of a commercial development by utilizing design elements consistent with those employed in the structure's architecture. A unified sign plan must be utilized when multiple on-premises signs are proposed for a single site or development, or in the case of a shopping center or other multiple-occupancy complex, including out parcels under unified control with the main development. A building permit application must be accompanied by a graphic and narrative representation of the unified sign plan to be utilized on the site. Minimum uniform elements shall be utilized and include colors, construction materials and architectural design. j. Deviations for an exceptional building design, the number of parking spaces required by chapter 134, and/or the provisions of this section may be sought where a hardship exists due to physical constraints, environmental concerns, or safety issues justifying such deviation. Deviations shall be processed in accordance with section 98 .3.4. 118.4.4 -Dr. Martin Luther King Jr. Boulevard and Veronica S. Shoemaker Boulevard . A. Purpose and Intent: The purpose and intent of the Dr. Martin Luther King, Jr. Boulevard and Veronica S. Shoemaker Boulevard overlay district is to implement the provisions of the Dr. Martin Luther King Jr. and Veronica S. Shoemaker Boulevards Revitalization Plan (the Plan) by creating new regulations and supplementing existing regulations to establish certain physical design criteria for redevelopment and development activity. The overlay district is intended to shape neighborhood areas that will provoke visual interest, promote new economic opportunity, and provide a hierarchy of safe and convenient access for pedestrians and bicyclists. The design criteria centers around the buildings character, its orientation to the streets and other 75 buildings, and creates design standards requiring specific details of the building's shape, look, roof line, doors, windows, landscaping, and parking. B. Applicability: All new development, redevelopment or renovations of property are subject to these overlay requirements referred to as the Dr. Martin Luther King Jr. Boulevard and Veronica S. Shoemaker Boulevard Overlay District. Such property is generally located abutting Dr. Martin Luther King Jr. Boulevard, east of Evans Avenue and west of Mission Lane; and all property fronting on Veronica S. Shoemaker Boulevard, between Dr. Martin Luther King Jr. Boulevard and Canal Street. A map of the specific area by parcel is on file in the community development department and city clerk's office. C. Conflict: The provisions of this section shall take precedence over other codes, ordinances, regulations, and standards except those listed in section 118.4.4.E., superseding regulations. Other requirements of the land development code or other applicable ordinances continue to be applicable to issues not covered by this section, except where those would contradict the intent of this section. D. For purposes of this subsection, the term "renovation and redevelopment" shall encompass the meanings as follows: 1. Additions or renovations or redevelopment to existing buildings or properties; 2. Where the costs of such addition, renovation, or redevelopment exceeds 20 percent of the assessed value (land and building value) as determined by the Lee county property appraiser's office, of the existing site; or 3. An existing building's square footage increases by 20 percent. E. Superseding Regulations. The provisions of the following regulations take precedence over the provisions of this chapter: 1. Adult entertainment regulations. 2. Noise regulations. 3. Flood hazard regulations. 4. Historic preservation regulations. 5. Accessibility (Americans with Disabilities Act) standards. 6. Florida Building Code. 7. Florida Fire Prevention Codes. F. Lot Designation Types: 1. Small lots are lots with less than 10,000 square feet in area 2. Large lots are lots with a minimum of 10,000 square feet in area and larger, and 3. Urban node lots are lots designated within areas termed urban nodes. 118.4.4.1. Applicable to all lot and node designations. A. Design standards. 1. Establish a landscape treatment/feature consisting of the required street trees and a combination of ground cover and shrubbery along street frontages that shall be a minimum area of at least nine percent of the actual front yard setback area. Recommended shrubs, ground cover, and planting specifications to be utilized within the actual nine percent landscape area are in section 118.4.3., Cleveland Avenue overlay district, Table 1; and the setback area is illustrated following Table 1. 2. A combination of Geiger Trees or, Glaucous Cassia, or Silver Buttonwoods trees interspaced with Royal Palms are the desired tree species to be planted along the 76 street frontage of Dr. Martin Luther King Jr. Boulevard. A combination of Lavender Tabebuia or Gumbo Limbo trees interspaced with Sable Palms are the desired street trees along the street frontage of Veronica S. Shoemaker Boulevard. The recommended planting height of the Royal Palms shall be a minimum of 14 feet, spaced approximately 15 to 20 feet on center. Detailed street tree requirements are in section 138-72. Shade trees shall be ten to 12 feet high with three inch to four inch caliper at 12 inches from base of trunk. 3. Maintenance of the required landscape area shall be the responsibility of the property owner. If the plant materials die, they shall be replaced within 60 days. The landscaping shall be maintained, fertilized, including use of the appropriate pesticide and weed control application, and sprinklered in perpetuity to the extent that healthy plant life is sustained, or, if needed, removed and replaced to keep the area in its condition when first installed. 4. Parking shall be allowed within the front setback area for new developments. Parcels to the rear and contiguous to properties abutting Dr. Martin Luther King Jr. Boulevard and Veronica S. Shoemaker Boulevard may be used to meet the minimum parking requirements. A new car lot may utilize up to 50 percent of the front setback area for the display of vehicles, and the other 50 percent of the front setback area shall be provided with the required landscaping. 5. Pedestrian ways, linkages or paths shall be designed and constructed to provide access between parking areas and building entries and from the building entries to surrounding streets, external sidewalks and out parcels. Pedestrian ways may be incorporated within a required landscape perimeter buffer or enhanced landscape areas. Shared pedestrian walkways are encouraged. 6. Lighting shall be designed and installed using cut off fixtures. Cut off light fixtures do not allow light dispersion or direct glare to shine above 90 degrees from the base of the fixture. A 270-degree radius/plan view cut off shall be used on corner lots. A 180- degree radius/plan view cut off shall be used on interior lots or for lights placed within 20 feet from the intersection, road right of way, or adjacent property lines . Lighting fixtures may not exceed a maximum of 30 feet in height within the parking lot and a maximum of 17 feet in height within non-vehicular pedestrian areas. 7. All primary facades shall be designed with consistent architectural style, detail, and trim features. For the purposes of this subsection, the term "primary facade" means any facade abutting a street. Corner lots shall be defined as having two primary facades fronting two streets. The design of the buildings shall contain a minimum of four of the following eight building design treatments and must comprise 50 percent of the facade area: a. Awnings on all windows and door openings facing rights of way (use of plastic or vinyl material is prohibited), b. Attached canopies, c. Substantial overhangs (18 inches minimum), d. Porticos, e. Arcades, f. Peaked roof forms, g. Display windows along a minimum of twenty (20) percent of the first floor front walls or any other wall alongside a pedestrian walkway, this feature is required of all new development or redevelopment along Dr. Martin Luther King Jr. Boulevard between Cranford Avenue and Ford Street. 77 h. Other architectural features must be approved by the community development department director. 8. Building walls and facades shall avoid large blank wall areas by including at least three of the four design elements listed below, in a repeating pattern. At least one of the design elements must repeat horizontally: a. Material change, b. Offsets or projections, c. Bandings, d. Reveals. 9. Signs should be designed to complement rather than detract from the visual impact of a commercial development by utilizing design elements consistent with those employed in the structure's architecture. A unified sign plan must be utilized when multiple on premises signs are proposed for a single site or development, or in the case of a shopping center or other multiple occupancy complex, including out parcels under unified control with the main development. A building permit application must be accompanied by a graphic and narrative representation of the unified sign plan to be utilized on the site. Minimum uniform elements shall be utilized and include colors, construction materials and architectural design. 10. Deviations for an exceptional building design, the number of parking spaces required by chapter 134, and/or the provisions of this section may be sought where a hardship exists due to physical constraints, environmental concerns, or safety issues justifying such deviation. Deviations shall be processed in accordance with section 98.3.4. B. Uses permitted/adverse impact uses. 1. The uses permitted in each land use district shall be as provided in subsection 118.3.2, except as listed in subsection 2. below. 2. Uses not expressly permitted in subsection 118.3.2 or which create an adverse impact are not permitted through the conditional use process. Uses considered to have an adverse impact include: a. Billboards, except as permitted by section 126-105. b. Depots for large scale storage and distribution. c. Animal husbandry. d. Nurseries. e. Landfills and dumps. f. Mineral extraction areas. g. Prisons, except as accessories to police stations; h. Recycling facility; i. Scrap yards for the processing and storage of waste materials. 3. Uses permitted in subsection 118.3.2 that require approval through the conditional use process include: a. Animal boarding, animal shelter, kennels; b. Bar, tavern, cocktail lounge, bottle club, and nightclubs; c. Increase density in the RM 12 zoning district; d. Liquor stores; 78 e. Outdoor storage; f. Public or private surface parking lots (not associated with an on-site business); g. Public or private parking garages without liner buildings on primary street frontages or adjacent to residential uses; h. Vehicle sales, new or used; i. Vehicle service and repair. C. Development on properties zoned RM 12. 1. All single family development is permitted in accordance with the section 118.2.1.B.2 building envelope standards. 2. Townhouse development is encouraged, in accordance with section 118.2.1.B.2. except as follows: a. Minimum lot area: One acre. b. Maximum height: 35 feet c. Density: 12 units per acre, density may be increased through the conditional use process. 118.4.4.2 Small Lots in the Overlay District. A. Improved small lots (less than 10,000 square feet) with existing commercial or residential structures and zoned for commercial uses in the overlay district are subject to the following regulations. 1. The requirements of this section shall apply to new commercial uses or a change in commercial use for lots with an existing principal building occupying the site. With a change in ownership or use triggered by application for a business tax receipt, the business shall receive an inspection and shall be in compliance with the regulations in this section. A certificate of use will not be issued until the property becomes compliant. 2. Permitted commercial uses are listed in the land development code, section 118.3.2, table of uses. 3. All small lots within the overlay district shall be landscaped which shall be maintained in the front yard, both side yards, and the rear yard of the lot. The landscaping shall include one shade tree where the lot abuts sidewalks or where a sidewalk will be located 4. No on-site parking is required. Shared parking with area businesses is encouraged. Parking spaces on the street and shared spaces on other sites can fulfill the parking requirements for small lots in the overlay district. 5. On site retention, construction of public sidewalks, and commercial driveway regulations are waived for small lots. 6. Sign regulations set forth in chapter 126, signs, shall apply, number, size, and location of signs for small lots shall be in accordance with subsection 126-103(b). 7. Contiguous lots under common ownership which total 10,000 square feet or more shall develop in accordance with section 118.4.4.3 or 118.4.4.4, whichever is applicable, pursuant to section 98.4.3. B. Vacant small lots less than 10,000 square feet in commercially zoned areas may be developed for commercial uses. Vacant small lots will be considered legal non-conforming lots with regard to lot width and lot area for which no variance shall be required. The following requirements shall apply to all new construction on small lots for commercial uses. 79 1. Building setbacks: a. Front: ten feet b. Side (interior): five feet c. Side (street): ten feet d. Rear: 15 feet 2. Buffer yards as further detailed in section 138-4. a. Front: Type D buffer b. Side (interior): none c. Side (street): Type D buffer d. Rear: Type A buffer 3. Driveway and drive aisle width: 22 feet 4. Parking: a. Number of space required: three spaces including a required handicap space b. Parking space dimensions: nine feet wide and 18 feet long 118.4.4.3 Vacant Large Lots in the Overlay District between Urban Nodes. A. Large lots having a minimum of 10,000 square feet or larger land area located outside or between a delineated urban node in the overlay district may be developed. B. Parking Standards. 1. One row of parking spaces is allowable in the front of the building(s). 2. New development or redevelopment shall provide a minimum of one parking space per 300 square feet of gross floor area. Medical shall provide a minimum of one parking space per 200 square feet of gross floor area. 3. On street parking, if available within two blocks, or within 600 feet, and/or shared parking, within three blocks may count toward 25 percent of the required parking. C. Cross-Access Easements. New development or redevelopment shall provide a cross access easement to the adjacent properties and shall be reviewed and approved by the city prior being recorded at the Lee County Clerk of Courts and shall be at the expense of the developer, prior to receiving a certificate of occupancy. D. Signs. Sign standards are set forth in chapter 126, signs. E. Landscaping and Buffer Standards. Landscaping and buffer standards are required as provided in section 118.4.4.1 and chapter 138, except as listed below: a. Interior side buffer yards shall not be required between like uses, such as commercial to commercial. b. Native Canopy Trees: In addition to the landscape requirements above, a minimum of one native canopy tree is required for every 6,000 square feet of permeable area or for every 3,000 square feet of impermeable area. c. Heat Island Effect Reduction: All new parking lots shall include tree plantings designed to result in 50 percent shading of the parking lot surface areas at maturity. The recommended trees to utilize are as follows: 1. Gumbo Limbo 2. Green Buttonwood 80 3. Sea Grape 4. Pigeon Plum Exceptions to the shading calculation include: 1. Single family and two family residential parking areas. 2. Parking structures. 3. Truck loading areas in front of overhead doors. 4. Truck maneuvering and parking areas unconnected to and exclusive of any vehicle parking. 5. Surfaced areas not to be used for vehicle parking, driving or maneuvering, provided they are made inaccessible to vehicles by a barrier such as bollards, curb, or fencing. 6. Vehicle display, sales, service, and storage areas (parking facilities for these uses are subject to shading requirements). 7. Parking areas under covered stalls and in garages. 118.4.4.4. Urban Nodes within the Overlay District. A. Name and Location of Urban Nodes. 1. Western Gateway Node: Property fronting on the north side of Dr. Martin Luther King Jr. Boulevard, east of Evans Avenue and west of Palm Avenue and includes the redevelopment area known as McCollum Hall, 2701 Dr. Martin Luther King Jr. Boulevard. 2. Clemente Dunbar Node: Property fronting on the south side of Dr. Martin Luther King Jr. Boulevard from Ford Street to Henderson Avenue; lots south from Dr. Martin Luther King Jr. Boulevard to Thomas Street, and from Ford Street on the west to Henderson Avenue on the east. Includes five blocks of Ford Street, Cuba Street, Carver Avenue, and Henderson Avenue. 3. Mid-town Dunbar Node: All property fronting on Veronica S. Shoemaker Boulevard, from the intersection with Dr. Martin Luther King Jr. Boulevard south to Canal Street; the district is located east to west from Veronica S. Shoemaker Boulevard to Highland Avenue. A map showing specific parcels is on file in the community development department and the city clerk's office. B. Design Standards. A mix of residential, office and commercial uses are allowable in all urban nodes. 1. Building Height: Building height shall be a maximum of three stories. Apartment type units may be located on the second and third floors of mixed-use buildings. 2. Setbacks: The required front setback is ten feet from the front property line for property fronting on Dr. Martin Luther King Jr. Boulevard and all other setbacks are as listed for the zoning district in section 118.2.1 building envelope standards. 3. Parking shall be in the rear or side of the property whenever possible. A limited amount of street parking will be available for use as provided in subsection 7 . below. 4. Sidewalks in Western Gateway Node and Clemente Dunbar Node: a. Private areas may be allowed to have outdoor dining and seating in the style of First Street. 81 b. A sidewalk shall have a minimum width of eight feet reserved for outdoor dining and seating as measured from the building outward; bordered by a two-foot wide planting strip or planters facing the right-of-way and shall include a public pedestrian walking area a minimum of four feet wide. c. A continuous awning between the front property lines shall project at least five feet over the outdoor seating area between the building and the street. 5. Shade Trees: Shade trees shall create a canopy over all parking lots of at least 50 percent coverage. The street trees shall be planted where required by chapter 138. 6. Parking Lots: Parking lots shall be shaded at least 50 percent by canopy trees. Wheel stops shall only be required to protect landscaping. Planting areas shall be required in accordance with chapter 134. On-site parking spaces shall be nine feet wide by 18 feet long. 7. On Street Parking: Parallel on street parking shall be allowed along one side of all streets, except Dr. Martin Luther King, Jr. Boulevard and Veronica S. Shoemaker Boulevard. Signage will be installed by the city designating a fire lane to delineate which side of the street is available for on street parking. 8. Sidewalks. Sidewalks shall be installed by the developer at the time a lot is developed or redeveloped. C. Cross-Access Easements. New development or redevelopment shall provide a cross access easement to the adjacent properties and shall be reviewed and approved by the city prior being recorded at the Lee County clerk of courts at the expense of the developer, prior to receiving a certificate of occupancy. D. Signs. Sign standards are set forth in chapter 126, signs. E. Landscaping and Buffer Standards. Landscaping and buffer standards are required as provided in section 118.4.4.1 and chapter 138, except as listed below: 1. Interior side buffer yards shall not be required between like uses, such as commercial to commercial. 2. Native Canopy Trees: In addition to the landscape requirements above, a minimum one such tree is required for every 6,000 square feet of permeable area or for every 3,000 square feet of impermeable area. 3. Heat Island Effect Reduction: All new parking lots shall include tree plantings designed to result in 50 percent shading of the parking lot surface areas at maturity. The recommended trees to utilize are as follows: 1. Gumbo Limbo 2. Green Buttonwood 3. Sea Grape 4. Pigeon Plum Exceptions to the shading calculation include: 1. Single family and two family residential parking areas 2. Parking structures 3. Truck loading areas in front of overhead doors 4. Truck maneuvering and parking areas unconnected to and exclusive of any vehicle parking 82 5. Surfaced areas not to be used for vehicle parking, driving or maneuvering, provided they are made inaccessible to vehicles by a barrier such as bollards, curb, or fencing 6. Vehicle display, sales, service, and storage areas (parking facilities for these uses are subject to shading requirements) 7. Parking areas under covered stalls and in garages 118.4.5 -Airport Hazard. The city shall utilize the county airspace notification map, as well as section 34-1001 through 34-1008 of the Lee County Land Development Code pertaining to airport hazard districts, zones and regulations, when reviewing temporary and permanent structures over 35 feet in height for compliance . 118.4.6 -Emergency management communications. The city shall consider the functionality of the emergency management communications system when reviewing structures over 35 feet in height for compliance. 118.4.7 -Correctional Facilities. A. The public/private correctional facilities overlay zone is established to encourage the concentration of governmental and private correctional facilities and their ancillary uses on city owned property in a designated area of the city. Correctional facilities shall include, but are not limited to, those uses listed in the North American Industrial Classification System (NAICS) 92214, Correctional Institutions; 56121, facilities Support Services; and 62322, Residential Mental Health and Substance Abuse Facilities. B. Correctional facilities, both public and private, including their ancillary uses, shall be permitted uses only within the area designated as the public/private correctional facilities overlay zone on the future land use map date June 15, 1998, and on file in the city clerk's office. Correctional facilities shall be designed and constructed in compliance with the underlying land use district regulations. All existing correctional facilities as of June 15, 1998, shall be considered grandfathered and may be allowed to expand, enlarge, remodel or rebuild. 118.4.8 -Environmentally Sensitive Lands. A. Intent and purpose. The intent and purpose of this section is to protect the public health, safety and welfare of the residents in the city by limiting the uses permitted in wetland preservation areas. B. Applicability. This section shall apply to all land within the municipal boundaries of the city. Any person who seeks to develop wetlands, questions the existence of such wetlands, or seeks to develop land in a manner not permitted by this section shall be required to provide an environmental assessment refuting the city's position, as well as obtain a letter of agreement from the South Florida Water Management District before receiving a building permit. C. Relationship to other requirements. In addition to meeting the requirements of this article and all other applicable sections of the land development code, development plans shall comply with 83 applicable federal, state and water management district regulations relating to environmentally sensitive lands. In all cases, the strictest of the applicable standards shall apply. D. Permitted uses. The following uses may be permitted within wetlands: 1. One single-family unit, only if the parcel was legally in existence as of the date of the ordinance from which this chapter is derived, the disturbance of wetlands is minimized, and all other applicable requirements are met. 2. All uses of a recreational, open space or conservation nature that will not adversely affect the critical environmental character and function. 3. Public roads built in accordance with chapter 134. 4. Public utility poles, lines and/or pipes. 118.4.9 -Potable Wellfields. A. Generally. This article is established pursuant to and in accordance with the provisions of F .S. § 163.3202(2)(c), which requires, as a minimum, regulations for the protection of potable wellfields, as well as other applicable provisions of law authorizing the city to enact, amend and enforce potable wellfield protection regulations. B. Intent and purpose. The intent and purpose of this article is to protect and safeguard the health, safety and welfare of the residents of the city by establishing a protection zone around the municipal wellfield site, and regulating toxic and hazardous substances within the zone . C. Establishment of protection zone. Based on the groundwater flow model developed during a recent wellfield investigation report prepared by Boyle Engineering (June 1988), it was determined that groundwater levels are significantly affected for a certain distance from each well to a point where groundwater elevation is generally unaffected by stress placed on the groundwater system. This point is referred to as the one-foot drawdown contour and was used to establish the wellfield protection zone (see Map A). D. Special regulations. In addition to adherence of the applicable land use district requirements, the following special regulations shall apply to all land within the wellfield protection zone: 1. The municipal wellfield site and established protection zone shall be preserved for recreational purposes, and development of any other kind shall be prohibited. 2. Activities within the wellfield protection zone are prohibited from using, producing, handling, or storing toxic or hazardous substances which would result in the violation of the water quality standards found in F.A.C. ch. 17-3, most recent edition, and any amendments thereto . 84 J I 0 ~ ~ \Vellfield Protection Zones Ma A -, I I ' \. W.nhead prot,clion :on,u a,.. 500' rodiw ba.1d on Florida Sratu,s Chaptsr 6:!-J1 l ·-; •:.__. 1,,v1MfAVE. - ARTICLE 5_ -PLANNED DISTRICTS 118.5.1 -Planned Unit Development. A. Purpose and intent. It is the purpose and intent of these Planned Unit Development (PUD) regulations to encourage ingenuity, innovation and imagination in the planning, design, and 85 development or redevelopment of land under unified ownership or control. PUDs produced in compliance with the terms and provisions of this land development code and the comprehensive plan are not required to meet the setback, height, and minimum lot requirements of conventional zoning districts to allow developments flexibility while protecting the public interest. City council retains the absolute authority to establish such standards and regulations as it deems necessary to protect the public health, safety and general welfare. In doing so, the PUD district is designed to achieve the following objectives: 1. To accommodate a mixture of uses on land which is under unified control compatible both internally and externally through the limitations, sign control, building orientation, buffering or other techniques which may be appropriate to a particular development proposal. 2. Provide flexibility to meet changing needs, technologies, and economic and consumer preferences. 3. Permit the combining and coordinating of architectural styles, building forms and building relationships within a planned unit development. B. Relation to general zoning, subdivision, and other applicable regulations. Planned unit developments shall meet the requirements of all other sections of the land development code, including, but not limited to, traffic circulation, parking, landscaping, open space, subdivision and other city codes as applicable. The planned unit development approval consists of the adopting ordinance and the concept development plan approved by the ordinance. The proposed PUD shall be consistent with the intent of the comprehensive plan and future land use designation of the site which is currently in effect and shall seek to accomplish the following: 1. The development shall employ techniques, features and/or amenities that exemplify excellent planning, including variations in siting, mixed land uses and/or varied dwelling types. Additionally, the plan shall include adaptation to and conservation of the topography and other natural characteristics of the land involved. 2. A more creative approach may be taken to the development of contiguous tracts of land and to encourage development of infill parcels of contiguous tracts of land in certain circumstances. 3. A more desirable environment may be accomplished than would be possible through strict application of the minimum requirements of this zoning code. 4. Land may be used more efficiently, resulting in smaller networks of utilities and streets with consequent lower construction and future maintenance costs. 5. PUD's on small parcels, two acres and less, are strongly discouraged unless it can be demonstrated there is a compelling justification or the parcel is located within the Downtown or Midtown Districts. C. Design of Planned Unit Developments. In order to ensure a high-quality development, the following shall be required. City council may accommodate applications which do not meet the specific requirements of this section, when the applicant is able to meet the intent of the criteria in a manner not foreseen by this Code or when an alternative design is found to be appropriate for the development. 1. General Design Requirements. a. All PUDs shall provide sufficient access and area for effective delivery of emergency services . b. In reviewing a PUD, the specific residential density approved by the city shall be consistent with the Comprehensive Plan to ensure cohesiveness with the surrounding neighborhoods and area; protect environmentally sensitive areas; and, minimize any flood hazard impacts on surrounding properties. c. The city reserves the right to mandate changes in the concept development plan if it is found to not satisfy the provisions of the Comprehensive Plan and these regulations. 86 d. Frontage and accessibility. Every PUD must have improved access to a public street in compliance with the city engineering design standards. e. Setbacks. The development plan shall provide detailed information on any required setbacks within the PUD. No minimum setbacks are required except for perimeter boundary setbacks buffers which shall be based upon the requirements as set forth in section 138-4 Buffer Yard Requirements. However, the Council may mandate minimum setbacks during the public hearing process which are consistent with sound planning principles and practices. f. Building configuration and open space. The location of structures, open space, landscaping, and pedestrian and vehicular circulation shall provide a functional and aesthetically pleasing environment consistent with the surrounding land uses and the Comprehensive Plan. g. Natural systems. Natural systems which exist shall be preserved and incorporated into the plan to the maximum extent feasible. h. Land uses, general. All proposed land uses in the PUD shall be designated on the development plan and oriented with consideration of existing and proposed land uses. Appropriate buffering shall be located between incompatible land uses on adjacent properties and within the PUD. i. Prevention of strip development. Commercial and office land uses shall be integrated with other land uses and designed in such a way that prevents strip development. 2. Signs. a. Signs. The PUD shall have provisions for sign design and regulations that can be enforced by both the city and a property owners association which minimizes sign proliferation, promotes architectural integrity, provides an overall harmony in the color, theme, and design of all signage, and complies with the sign regulations in Chapter 126 Signs. Where deviations from Chapter 126 standards are requested as part of the PUD, the applicant shall submit a uniform master sign plan, which establishes the type, height, number, size, design and location of all signs in the PUD. 3. Infrastructure and Connectivity. a. A conceptual drainage system approved by the city engineer. The city engineering division shall review and approve the drainage system(s} submitted which are deemed by the engineer to be the most appropriate for the surface water drainage and management. b. Water and sewer. PUDs shall locate where adequate water and sewer services and capacity exist. Where such systems are not adequate, a development agreement shall be required which specifies a time when services will be made available. c. Sidewalks and improvements to enhance pedestrian movement. Sidewalks shall be installed in compliance with section 134.2.25 and bike paths in compliance with section 134.2.26 of the code and in accordance with the Comprehensive Plan. d. Traffic circulation improvements. A traffic analysis shall be submitted to the city engineering division for review and approval for all PUDs. The city engineer division will make the determination on what, if any, traffic circulation improvements shall be included in the PUD. e. Lighting. Street lighting, which is harmonious with the urban design theme of the city, shall be incorporated in the development. Street lighting shall be installed on all perimeter streets, within parking areas, and along pedestrian walkways. f. Open space and landscaping. Open spaces and landscaping proposed for the PUD shall promote the project's urban design and aesthetics and address the landscape design standards of chapter 138 of this code or show why the PUD design is better. 87 g. Other site improvements. All other site improvements and project amenities shall be consistent with the urban design of the city. All utility lines shall be placed underground. High voltage electrical lines may be placed underground or on concrete poles placed within the street right-of-way which have provisions for street lighting. Large transformers shall be placed on the ground on pad mounts which are screened from view by landscaping or in enclosures or vaults which are compatible with the primary building design . h. Storage areas. All storage areas shall be fully enclosed and located at the rear of all structures. No inoperative motor vehicle shall be stored or used for storage within any PUD unless it is within a completely enclosed building. NOTE: In no instance shall the perimeter setback for nonresidential uses abutting residential uses or designated areas be less than the required buffers. 118.5.2 -Mixed Use. A. Scope. By virtue of its location in the comprehensive plan, it is the express intent of mixed use districts (MU) in newly developing areas to be as generous as possible in permitted uses while at the same time maintaining a clean, attractive community; therefore, anyone proposing to develop in a mixed use district (MU) shall follow the planned unit development district (PUD) requirements to assure well-planned, quality developments with compatible uses and at the same time provide measures to mitigate negative impacts to the surrounding area. A plan amendment may be applied for when a planned unit development (PUD) is inappropriate or not applicable to a particular piece of land designated as mixed use. B. Eastwood Village Mixed Use. 1. Applicability. The area zoned Eastwood Village Mixed Use is located west of lnterstate-75 and bounded on the north by Dr. Martin Luther King Jr. Boulevard (SR 82) and on the east by Ortiz Avenue. The Eastwood Village includes existing development that requires redevelopment including, but not limited to the Eastwood Golf Course, Fireman's Park, and the fire training facility. The area is the gateway to the city from two of the off-ramps from Interstate-75. All development within the Eastwood Village Mixed Use district shall follow the planned unit development (PUD) process. 2. Uses permitted. The priority use within the area is residential, and the Eastwood Village Mixed Use area will permit up to 1,500 units, and no less than one unit per gross developable acre. Hotel and/or timeshare units are permitted up to a total room count of 150, and a maximum density of 30 rooms per acre, or a five acre maximum area. This land use category will permit a maximum of 350,000 square feet of retail and a maximum of 60,000 square feet of office. The Eastwood Village Mixed Use area permits recreation and public uses. There is no acreage or square foot limit on the square footage of public uses or recreational acreage, and the existing industrial uses shall be considered vested uses. No regionally significant wetlands exist on the site. All non-regionally significant wetlands will be placed in a conservation easement in favor of the South Florida Water Management District at the conclusion of the environmental resource permitting process. 118.5.3 -Master Development Plan. A. Purpose and intent. It is the purpose of this section to improve and protect the public health, safety, and welfare of the citizens of the city by pursuing the following objectives: 1. To encourage innovation in community development. 2. To foster the safe, efficient, and economic use of the land and public facilities and services. 3. To facilitate the provision of adequate public services such as transportation, water, sewerage, drainage, electricity, open space and parks. 88 4. To encourage patterns of land use which decrease trip length of automobile travel and encourage trip consolidation. 5. To improve the design, quality and character of new development. 6. To provide for large-scale residential development, containing a variety of residential dwelling types and limited office, limited commercial and recreational land uses. 7. To set forth the standards and guidelines for the master development plan (MDP). B. Interpretation. 1. The provisions of this section apply to the development of land designated master development plan (MDP) on the future land use map. The requirements of the land development code shall apply if this division does not otherwise address the area of regulation, as it may be amended. In the event of conflict between the provisions of this section and the requirements of the land development code, the provisions of this section shall govern . 2. The interpretation and application of MDP will be reasonably and uniformly applied to all property within the city that is designated MDP. 3. It is anticipated that some lands designated MDP will be developed as single projects and that others will develop as a number of individual residential communities, village centers, town centers, etc. This section accommodates both alternatives. When reference is made to "the MDP ," "within a MDP," "each MDP" it is referring to the totality of a particular property designated MDP on the future land use map. The term "MDP community" refers to a development within an overall MDP including residential developments, village centers and town centers. The MDP communities may include a number of tracts, parcels or pods . C. Definitions. Except as specifically defined herein , words contained in this section shall be defined by chapter 142. Accessory use or structure means a use or structure of a nature customarily incidental and subordinate to the principal use or structure, and unless otherwise provided, on the same premises. Accessory uses and structures on the same premises shall be construed as meaning on the same lot or building parcel or on an abutting lot or building parcel in the same ownership. A swimming pool or spa with an open mesh pool cage is considered to be an accessory structure and is subject to the setbacks for accessory structures. Accessway means land that is not dedicated to the public and is used or intended to be used for internal circulation, ingress or egress to commercial and residential parcels. Alley means a narrow service access to the rear of urban buildings that can provide service areas, vehicular and parking access, and other than city-owned public utilities, but which is not intended for general traffic circulation. Building coverage means the percentage of a lot occupied by any solid roofed or solid walled structure (not screen cages). Director means the community development director for the city. Dwelling, cluster, means a single, freestanding , conventional building designed for one dwelling unit which could be used for occupancy by one family where the arrangement of dwellings or other buildings is in closely related and integrated groups and adjacent to open spaces of land. Dwelling, duplex, means a single, freestanding, conventional building on a single lot, designed for two dwelling units under single ownership, or wherein each dwelling unit is separately owned or leased, but the lot is held under common ownership. Dwelling, multiple-family, means a group of three or more dwelling units within a single conventional building, attached side-by-side or one above another, or both, and wherein each dwelling unit it may be individually owned or leased but the land on which the building is located is under common or single ownership. Dwelling units included in a building, which also contains 89 commercial uses, shall be considered multiple-family dwelling units in determining parking requirements, density and other property development regulations. Dwelling, patio home, means a single, freestanding, conventional building designed for one dwelling unit and which could be used for occupancy by one family. Patio homes are identified separately from single-family detached dwellings in that there is a reduction in the minimum lot area square feet or floor area, lot width and setbacks and an increase in building coverage. Individual patio home dwellings are located on platted single-family lots. Dwelling, single-family attached, means a single, freestanding, conventional building designed as two dwelling units attached by a common wall or roof, but wherein each dwelling unit is on a separate lot or parcel under separate ownership. Dwelling, single-family detached, means a single, freestanding, conventional building designed for one dwelling unit and which could be used for occupancy by one family. Dwelling, townhouse, means a group of three or more dwelling units attached to each other by a common wall or roof wherein each unit has direct exterior access and no unit is located above each other, and each unit is completely separated from any others by a rated firewall or a fire and sound resistant enclosed separation or space, and wherein each dwelling unit is on a separate lot or parcel under separate ownership. Dwelling, zero lot line, means a dwelling unit with at least one wall of a building on a side or a rear line of the lot on which it stands. Height, building, means the vertical distance measured from the finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. Chimneys and necessary appurtenances mechanical or structural functions shall be excluded from this measurement. Where the space below the first story is used only for parking and limited storage, this space shall not be included in the calculation of building height. Lot or parcel measurement, depth, means depth of a lot or parcel is considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in the front and the rearmost points of the side lot lines in the rear. Lot or parcel measurement, width, means the width of a lot or parcel shall be considered to be the average distance between straight lines connecting front and rear lot or parcel lines at each side of the lot or parcel, measured as straight lines between the foremost points of the side lot or parcel lines in front (where they intersect with the street line) and the rear most points of the side lot or parcel lines in the rear. Minimum lot width may be reduced for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. Master development plan (MDP) design review committee means a group with the responsibility for enforcing the design review guidelines and procedures within the MOP. Restaurant means an establishment where food is ordered from a menu, prepared, and served for pay primarily for consumption on the premises. This definition is not intended to preclude incidental food take out service. The term "restaurant" does not include "fast food restaurant." Restaurant, drive-in or refreshment stand, means any place or premises where provision is made on the premises for the selling, dispensing , or serving of food, refreshments, or beverages in automobiles and/or in other than a completely enclosed building on the premises, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages in automobiles on the premises. A restaurant which provides drive-in facilities of any kind in connection with regular restaurant activities shall be deemed a drive-in restaurant for the purpose of this division. A barbecue stand or pit having the characteristics noted in this definition shall be deemed a drive-in restaurant. This definition shall not apply to any full service sit down restaurant with outdoor seating. Restaurant, fast food, means an establishment where food is prepared and served to the customer in a ready-to-consume state for consumption either within the restaurant building, outside 90 the building but on the same premises, or off the premises and having any combination of two or more of the following characteristics: (1) A limited menu, usually posted on a sign rather than printed on individual sheets or booklets; (2) Self-service rather than table service by restaurant employees; (3) Disposable containers and utensils; or (4) A kitchen area in excess of 50 percent of the total floor area. A cafeteria or delicatessen shall not be deemed a fast-food restaurant for the purpose of this division. Setback measurement, accessory residential pool or spa, means for an accessory pool or spa without a screened pool cage, setbacks shall be measured from the water's edge to the property line. Setback measurement, preserves, means setbacks shall be measured from the edge of the preserve, not from any required preserve buffer. Setback measurement, side and rear setback, means setbacks shall be measured from the property line, not from any easement or buffer. Setback measurement, street, alley and accessway, means setbacks shall be measured from the edge of the easement or right-of-way. If no easement or right-of-way exists, setbacks shall be measured from the edge of the pavement. Setback measurement, waterbody, means setbacks shall be measured from the water's edge (lake control elevation). D. Conceptual master development plan. 1. A master development plan (MDP) conceptual master plan shall be approved for each property designated as MOP on the future land use map. The conceptual MOP master plan will depict the general location of proposed and/or existing major roadways through or abutting the property, any existing water bodies and any land designated conservation (CON) on the future land use map. The MOP conceptual master plan shall also identify maximum development density and/or intensity for the property expressed in appropriate units of measurement (e.g., dwelling units for residential uses, square footage for commercial and office uses, etc.), and shall show the general location of all areas proposed to be developed for nonresidential uses that are located along arterial and collector streets within the project or are not entirely internal to the project site. 2. The conceptual MOP master plan must be approved by city council before a landowner can seek final MDP master plan approval pursuant to section D below. The conceptual MDP master plan approval shall be approved by city council pursuant to either of the following: a. Concurrent with the adoption of a future land use map amendment designating the property as MDP; or b. Pursuant to the adoption of a development of regional impact (ORI) development order, in which case the approved DRI Map H will be considered the approved conceptual MDP master plan. E. Final master development plan master plan approval. No development may occur on property designated master development plan (MOP) until a final MDP master plan is submitted to and approved by the city on that part of the MDP. The initial procedure chosen for approval of any portion of the MDP will be the procedure all subsequent MDP master plan approvals will follow within the MDP pursuant to one of the procedures as follows: 1. The landowner may seek final MOP master plan approval utilizing the planned unit development (PUD) procedures provided in Article 5. If approval is requested pursuant to the PUD process, this section does not apply and development will be regulated by Article 5 and other requirements of the land development code, except that the development 91 regulations contained in this division will be the base regulations for the PUD from which deviations must be requested if desired by the developer. 2. Alternatively, a landowner may seek administrative final MDP master plan approval from the director, with consent of the public works director and engineering division designee. A final MOP master plan may be submitted prior to, or concurrent with a request for preliminary plat approval pursuant to chapter 130. The final MDP master plan must be approved prior to obtaining approval for a preliminary plat or site development infrastructure plans for property within the boundary of the final MOP master plan. Under this alternative, the final MOP master plan shall be consistent with the regulations of this division and will follow the procedures set forth in subsection F below. F. Final master development plan master plan review process. 1. If a landowner seeks administrative approval of a final master development plan (MOP} master plan pursuant to subsection 0.2., the procedures set forth in this section will be utilized. 2. The information included with each submittal to the development services division for final MOP master plan approval shall be as follows: a. All information required on the application form provided by the development services division. b. All information, plans, and supporting documents submitted to the MOP design review committee pursuant to subsection G. c. A copy of the approval issued by the MOP design review committee. d. A traffic analysis of the impacts anticipated from the proposed development, utilizing methodology approved by the city engineer. e. An analysis of water and sewer service to be provided to the property. f. A general description of the surface water management system for the property. A copy of the South Florida Water Management District Environmental Resource Permit for the property, if available, will suffice for purposes of this item. g. A list of property owners within 300 feet of the boundary of the property for which final MDP master plan approval is requested. The list shall be taken from the most recent tax rolls maintained by the county property appraiser. h. The appropriate application fee. i. Any other information reasonably requested by director, with consent of the public works director, and engineering division designee. 3. Within ten days of receipt of a request for final MDP master plan approval, the department shall transmit by certified mail a notice to all property owners located within 300 feet of the project boundary indicating that a request for final MOP master plan approval has been received, that the plan and supporting documentation is available for public inspection, and that any comments on the final MDP master plan may be submitted to the department for consideration within 30 days of the date of the notice. 4. In reviewing the final MDP master plan, the director, with consent of the public works director and engineering division designee shall consider the MOP design review committee checklist and recommendations, the information and documentation submitted by the applicant, comments and recommendations from other city departments, and any comments received from property owners to whom notice was sent, and shall determine if the final MOP master plan meets the criteria as follows: a. The proposed development conforms to the MOP percentages of residential and nonresidential land use acreages. 92 b. The proposed development is consistent with the density set for the MOP through the future land use map amendment. c. The proposed development is consistent with the requirements of this section. d. The final MOP master plan generally follows the pattern of land uses depicted on the conceptual MOP master plan. Parcel lines and land use acreages shall be shown on the final MOP master plan for the general purpose of depicting development areas and use intensities; however, parcel lines and land use acreages can be adjusted by the developer during the final platting processes. e. Adequate provision for off-site impacts created by the development have been adequately addressed by the developer, either through demonstrated compliance with DRI development order requirements, if applicable, or as determined reasonably necessary by the director, with the consent of the public works director and engineering division designee. f . Within 60 days of submission of a complete request for final MOP master plan approval, the director, with consent of the public works director, and engineering division designee shall issue a written decision approving the final MDP master plan, approving the final MOP master plan with conditions, or denying the final MOP master plan. Record of the final MDP master plan decision shall be filed with the city clerk and a copy maintained for public inspection in the office of the director. Any decision rendered by the director may be appealed to the board of zoning adjustments by the landowner, or by any property owner within 300 feet of the subject property who made timely written comment to the department, pursuant to section 98.3.7. G . Master development plan design review committees. 1. Each master development plan (MOP) shall have a MOP design review committee. 2. If an MOP has more than one MDP design review committee, the developer shall provide the city with a map indicating the area to be reviewed by each MOP design review committee and a list of the members of each MDP design review committee . 3. The developer shall appoint the members of the MDP design review committees . Once the developer no longer owns property within the MOP or at his option, a property owners association and/or community development district (CDO) designated by the developer may appoint the MOP design review committee members . 4. A MOP design review committee shall consist of three to five individuals with various areas of professional expertise relating to construction or design. 5. The MOP design review committee shall review the following: a. All final MOP master plans submitted to the city for review with a preliminary plat. b. All sign permits, building permits, final subdivision plats, and applications for administrative deviations. 6. Applications to be reviewed by the MOP design review committee shall be on the standard city application and include any necessary attachments . The applicant shall submit the required number of plan sets or application copies to the MOP design review committee. 7. MOP design review committee checklist. a. The MOP design review committee shall create a checklist for every review and shall note on the checklist its findings and evaluation. b. A copy of the completed checklist , signed and dated by the MOP design review committee, shall be provided to the applicant for submission to the city. The MOP design review committee shall stamp plan sets attached to the checklist. 93 8. The MDP design review committee will, upon completion of its review, issue an approval or denial based on the plans and related information. H. Final master development plan review. 1. If the final MDP master plan includes only part of the MDP, an exhibit is required showing the location of the proposed MDP community within the MDP. 2. The final MDP master plan shall be legible and at an appropriate scale to adequately show the proposed development, including information as follows: a. The general size, configuration, and location of all residential areas, town center and village center parcels; b. The general size, configuration, and location of each development phase, unless the development is to be constructed in a single phase; c. The minimum width and composition of any proposed buffers and/or setbacks along the perimeter of the subject property; d. The general location of area set aside for open space; e. The location of all points of vehicular ingress and egress from existing easements or rights-of-way into the development; f. Access and facilities for public transit, where applicable; g. The general location of stormwater management areas and the general location of the main spine road within the property. h. The information shall be presented in tabular form as follows: 1) The maximum height of any proposed buildings or structures; 2) The number of dwelling units by type; 3) The number of hotel or motel units; 4) The gross square feet of types of town center and village center uses and/or other development types expressed in appropriate and measurable units and dimensions; 5) The acreage set aside for open space; 6) The number of trips ends generated in the a.m. or p.m. peak hours. i. A tree survey is not required but information regarding the tree cover within the MDP shall be provided by a qualified professional through any of the following: 1) A site plan indicating the total percentage of tree canopy on the site of the proposed development; 2) Aerial photographs indicating the total percentage of tree canopy on the site of the proposed development; or 3) Florida Land Use and Cover Classification System (FLUCCS) maps, quad sheets and/or soils maps indicating the total tree canopy or estimates. 3. At a minimum, the review of the MDP design review committee shall address, in its review of a final MDP master plan, the following: a. Consistency of the proposed development with the MDP percentages of residential and nonresidential land use acreages. b. Consistency of the proposed development with the required mix of dwelling unit types and nonresidential uses. c. Consistency of the proposed development with the density set for the MDP . 94 d. Consistency of the proposed development with the requirements of this division and the land development code. e. Compatibility of the proposed development with existing and proposed land uses in the area. f. If the final MDP master plan includes only part of a MDP, a table is required showing relationship of the proposed MDP community to the MDP percentages of residential and nonresidential land use acreages, the required mix of dwelling unit types and nonresidential uses, density, and open space for the MDP. 4. Final MDP master plan generally follows the pattern of land uses as depicted on the conceptual MDP master plan. Parcel lines and land use acreages shall be shown on the final MDP master plan for the general purpose of depicting development areas and use intensities; however, they can be adjusted by the developer during the final design and/or final platting process. 5. In its review of sign permits, building permits, final subdivision plats and applications for administrative deviations, the MDP design review committee shall in its review address the following: a. Consistency of the permits or applications with the requirements of this division and the land development code. b. Compatibility of the permits or applications with existing and proposed land uses in the area. I. Administrative amendments to an approved final master development plan master plan. 1. Amendments to an approved master development plan (MDP) master plan may be requested at any time during the development of or useful life of the MDP. 2. The specific location of uses within the final MDP master plan may be revised so long as the change is internal to the final MDP master plan as a whole such that: a. The change in location does not affect the compatibility of the plan with land uses existing or proposed outside of the boundaries of the final MDP master plan (i.e., external compatibility); and b. The change in location does not affect the compatibility of the plan with land uses that have already been developed within the boundaries of the final MDP master plan (i.e., internal compatibility); and c. Any changes in the location of land uses that the director determines will not affect the internal or external compatibility of the final MDP master plan may be approved administratively by the director. Any change in the location of land uses that the director determines is likely to affect the internal or external compatibility of the final MDP master plan shall be processed in the same manner as an original final MDP master plan as provided in subsection D. In determining whether a proposed change is likely to affect the internal or external compatibility of the final MDP master plan, there shall be a presumption that the change will affect the compatibility of the plan, which presumption may be rebutted by the applicant. 3. Changes in the land use parameters approved as part of the final MDP master plan may be approved administratively by the director as long as the criteria are met as follows: a. The revision does not increase the proposed number of dwelling units, retail, and/or office square footage by more than five percent, unless there is an exchange of permitted uses pursuant to subsection 3.d. b. The revision does not involve a reduction of the area set aside for open space and usable open space, or a substantial relocation of such area. 95 c. The revision does not involve an increase in the height of buildings or reduction in setback lines from the property lines. d. The revision does not involve an increase in the number of vehicular trip ends generated in the a.m. or p.m. peak hours by more than five percent. e. Changes that exceed the thresholds specified in subsection 3.a through d. of this section must be processed in the same manner as an original final MDP master plan as provided in subsection E. f. Within 30 days of submission of a complete request of an amendment to an approved final MDP master plan, the director with the consent of the director, public works director and engineering division designee shall issue a written decision approving the amendment, approving the amendment with conditions, or denying the amendment. Record of the decision regarding the amendment shall be filed with the city clerk and a copy maintained for public inspection in the office of the director. Any decision rendered by the director may be appealed to the board of zoning adjustments by the landowner, or by any property owner within 300 feet of the subject property who made timely written comment to the department, pursuant to section 98.3.7. J. Property development. A preliminary plat must be submitted and the site development infrastructure plans must be approved prior to the development of property included in that plat, in accordance with chapter 130, subdivisions, except that: 1. Clearing, excavation, golf course, water management facilities, and development area fill permits may be reviewed and approved prior to the submittal of the preliminary plat as long as the final MDP master plan has been approved for the subject MDP community, and if required, the South Florida Water Management District ERP Permit and U.S. Army Corps of Engineers 404 Permit have been issued for the MDP community. 2. Site development infrastructure plans for platted subdivision improvements may be submitted concurrently with a preliminary plat. 3. If a developer chooses to obtain building permits for vertical construction prior to final plat approval, security must be provided for the platted subdivision improvements as required in section 130-99. Upon acceptance of such security by the city, building permit applications for any development within the plat boundary, including residential and commercial structures, may be reviewed and approved concurrently with the site development infrastructures plans. 4. If the developer chooses to construct the subdivision improvements pursuant to section 130-98 in lieu of posting a bond or other security, building permits for the following uses may be issued by the city prior to the completion of 50 percent of the dollar value of all site improvements: a. Site amenities including clubhouses, guard houses, recreation facilities, and wall and entry features. b. The construction of model homes provided the developer submits a covenant of unified control which also acknowledges that the use of the model home is temporary. The occupancy shall note that the model home is for temporary use as a model only until such time as a final plat is recorded. c. Temporary sales facilities and design centers. d. Temporary construction and administrative offices. K. Mixed land uses. All property designated master development plan (MDP) shall include a mix of dwelling unit types and nonresidential uses. 1. For purposes of this section, floor area includes the total floor area of all stories of a building within the surrounding exterior solid walls. 96 2. Each MOP shall provide a 20 percent minimum of both single-family and multiple family uses. 3. Proposed MOPs with between 500 and 1,600 residential units shall include a minimum of two acres and 30,000 square feet of floor area of village center uses to service the MOP. 4. Proposed MOPs with between 1,600 and 2,499 residential units shall include a minimum of 15 acres and 100,000 square feet of floor area of village center uses to service the MOP. 5. Proposed MOPs with between 2,500 and 4,999 residential units shall include a minimum of 30 acres and 200,000 square feet of floor area of village center and/or town center uses to service the MOP. 6. Proposed MOPs with more than 5,000 residential units, or more, shall include a minimum of 30 acres and 200,000 square feet of floor area in town center uses to serve residents of the MOP and surrounding residential developments. The large MOPs shall also include at a minimum one village center with a minimum of 10,000 square feet of floor area for each 1,500 residential units. L. Residential land uses. 1. The purpose of this section is to set forth the types of uses which may be permitted within the residential land use areas of a MOP master plan. 2. Areas designated as residential on a MOP master plan may include a broad range of residential unit types and related accessory uses. At the applicant's option, the MOP master plan may include residential land use sub-areas designating areas of different densities or product type (Residential 1, Residential 2, for example). 3. Permitted uses and structures include: a. Residential dwelling units including single-family detached, patio home, cluster home, zero lot line, two-family attached, duplex, single-family attached, townhouse and multifamily. b. Residential accessory uses, including but not limited to: garages, carports and parking areas, swimming pools, spas and enclosures, tennis courts, gazebos, shade structures, guesthouses, and cabana bedrooms. c. Model homes, sales and design centers including administrative offices and construction offices. d. Nursing home/adult congregate living facilities/residential care facility. e. Golf courses, golf clubhouse, golf course accessory and associated uses, including but not limited to: 1) Practice and driving range areas. 2) Golf cart barns. 3) Restrooms/shelters. 4) Restaurants including outdoor seating. 5) Consumption of alcoholic beverages on premises in the clubhouse including outdoor seating on the golf course and in the snack bar at a ninth hole or other appropriate location. 6) Food and beverage service. 7) Refreshment stand/snack bar at a ninth hole or other appropriate location. 8) Pro shop. 9) Locker rooms. 97 10) Specialty retail shops, accessory to clubhouse only. 11) Personal services including, but not limited to: Automated teller machines, barber, beauty salons, exercise studios and health clubs/spas, laundry and dry cleaning pick up establishments and the like. 12) Community and golf course maintenance areas, maintenance buildings and utility storage buildings and other customary accessory uses of golf courses including gasoline service. f. Schools, public or private. g. Community recreation facilities to include the following or other comparable or other such facilities constructed for the purpose of outdoor recreation for the residents of the development and their guests: 1) Basketball and other courts. 2) Bocce courts. 3) Boardwalks and nature trails. 4) Fishing piers. 5) Horseshoe pits. 6) Jogging paths. 7) Outdoor amphitheaters. 8) Parks. 9) Pedestrian and bicycle paths. 10) Picnic areas. 11) Playgrounds. 12) Shuffleboard courts. 13) Swimming pools with facilities. 14) Tennis courts. 15) Vita courses. h. Community recreational amenity center and associated uses, including but not limited to: 1) Administrative offices and library. 2) Basketball and other court facilities. 3) Coffee and snack bar/refreshment stand. 4) Consumption of alcoholic beverages on premises including outdoor seating. 5) Day care center. 6) Food and beverage service. 7) Locker rooms. 8) Personal services including, but not limited to: a) Automated teller machines (ATM). b) Barbershops. c) Beauty salons. 98 d) Exercise studios. e) Health clubs/spas. f) Laundry and dry cleaning pick-up establishments and the like. 9) Pro shop. 10) Restaurants, including outdoor seating. 11) Specialty retail shops, accessory to community recreational amenity center only. 12) Swimming pools. 13) Tennis courts. i. Customary community accessory uses and structures including guardhouses, gatehouses, signage, landscape features, access control structures, wireless telecommunication facilities and project maintenance facilities. j. Temporary sales and/or construction offices including those on wheels. 4. Residential property development regulations for residential and residential accessory uses are set forth in Table 1. Property development regulations for clubhouses, schools, recreational and maintenance facilities located in the town center, village center or residential areas are set forth in Table 2. TABLE 1: DEVELOPMENT STANDARDS FOR RESIDENTIAL USES -I Fro Sid Lot Lot nt e Area Wid Dep I in th th Squa in in Dwellin re Fee Fee Principal gType Feet t (1) t and Accessor I y Uses I I Minimum Lot Size Single-I 15/ I Family 5,00 50 100 20 6 Detach 0 (3) ed I I Patio 35 80 15/ 0 3,50 and 20 an I Rear Rear Rear Rear Princip Access Princip Access al ory al ory Structu Structu Structu Structu res res res res Maxim um Lots Abutting Buildin Open Space, Back to Back g Lots !5l Lakes !9l, Height Preserves or Golf Course Setbacks -··--- 45 (8) 20 5 10 3 3 stories ---~-· 201 5 10 3 45 (8) 3 Minim um Distan ce Betwe en Buildin gs n/a n/a Maxim um Buildin g Cevera ge 55% 55% I I I I Minim um Floor Area 1,400 99 Zero Lot 0 (3) d stories Line 10 (2) or 3 3,50 an I 0 d7 1/2 Cluster per or SBH unit 5 an d5 >----- 0 an d Single- 10 (2) Family 2,00 15/ 50<8 ) Attache or 0 n/a (4) 20 80 20 3 20 5 10 3 3 1,000 d and per (3) an stories Townho unit i d7 use I or 5 I an d5 I j -J I o I Two- Family 15/ 45 (8 ) I Attache 3,50 32 100 20 20 5 10 3 3 n/a 55% 1,000 or d and 0 (3) 6 stories I Duplex I I I r I -- 1/ 2 Multi-20/ SB I 65 (8 ) 1/2 Family 6,50 80 80 10 H, 25 5 15 3 4 (4) 750 0 SBH (6) (7) 10 stories I ma X. I 100 NOTES: All distances are in feet unless otherwise noted. SBH = Sum of Adjacent Building Heights <1l Minimum lot width may be reduced for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. (2l Where the zero-foot yard option is utilized, the opposite side of the structure shall have a ten­ foot side yard. (3l Front setbacks for dwellings shall be 15 feet. Front setbacks for front-loaded garages shall be 20 feet. Front setbacks for side entry garages may be reduced to 15 feet subject to documentation that a vehicle parked in the driveway will not encroach into the right-of-way. <4 > Maximum building coverage will result from the application of the above development standards on individual lots and no other limitations shall apply to building coverage for residential structures. (5> For any lot served both by a street and an alley, the lot line adjacent to the alley shall be treated as a rear lot line, and the setback shall be measured from the edge of pavement. (5> Adult congregate living facilities, nursing homes and residential care facilities shall comply with the setbacks of multifamily uses set forth in Table 1. (7> The front setback for accessory garages or carports for multifamily uses is reduced to ten feet when access to the garages or carports is provided from an accessway (not the abutting street}. (8> All structures greater than two stories in height, abutting existing residential development outside the MDP boundary which has permitted building heights of two stories or less, shall have a minimum setback of 100 feet from the MDP boundary. (9> Section 118.2.1.B.2. does not apply. 5. The minimum width of residential single-family and two-family driveways shall be 12 feet and the maximum width shall be 24 feet. The minimum width of a townhome or single­ family attached driveway shall be ten feet. The driveway width for single-family homes with a three-car garage or side loaded garage shall be a maximum of 28 feet at the right-of-way line. M. Village centers. 1. The purpose and intent of the village centers section is to identify permitted uses and development standards for village centers within the master development plan (MOP} where certain neighborhood commercial, recreational and community facilities serving the residential community can exist together in unison and complement one another through well planned site design techniques and safe, efficient and economical use of land and public facilities. 2. Pedestrian and bicycle access to the village centers is required. 3. Permitted uses and structures in the village centers include all of the uses permitted in the residential area provided in subsection 118.5.3.L.3, plus the following: a. Adult and/or child day care centers. b. Automated teller machines (ATM}. c. Community center uses including but not limited to accessory uses as follows: 1} Apparel shops, including, but not limited to, clothing, hats, jewelry, shoes and other customary clothing accessories. 101 2) Auto service stations including convenience stores with accessory self-service fuel pumps and car washes. 3) Car washes. 4) Clubs, private. d. Schools, public or private. e. Community recreation facilities to include other comparable or other such facilities constructed for the purpose of outdoor recreation for the residents of the development and their guests as follows: 1) Basketball and other courts. 2) Boardwalks. 3) Bocce courts. 4) Fishing piers. 5) Horseshoe pits. 6) Jogging paths. 7) Nature trails. 8) Outdoor amphitheaters. 9) Parks. 10) Pedestrian and bicycle paths. 11) Picnic areas. 12) Playgrounds. 13) Shuffleboard courts. 14) Swimming pools with facilities. 15) Tennis courts. 16) Vita courses. f. Community recreational amenity center and associated uses, including but not limited to: 1) Administrative offices and libraries. 2) Basketball and other court facilities. 3) Coffee and snack bars/refreshment stands. 4) Consumption of alcoholic beverages on premises including outdoor seating. 5) Day care centers. 6) Food and beverage services. 7) Locker rooms. g. Personal services including, but not limited to: 1) Automated teller machines (ATM). 2) Barbershops. 3) Beauty salons. 4) Exercise studios. 102 5) Health clubs/spas. 6) Laundry and dry cleaning pick-up establishments and the like. 7) Pro shops. 8) Restaurants, including outdoor seating. 9) Specialty retail shops, accessory to community recreational amenity center only. 10) Swimming pools. 11) Tennis courts. h. Conservation and water management facilities. i. Food stores. j. Offices, business and/or professional (excluding pest control services and labor pools). k. Personal services including, but not limited to: 1 ) Barbershops. 2) Beauty salons. 3) Exercise studios and health clubs/spas. 4) Laundry and dry cleaning pick up establishments. 5) Self service laundries and the like. I. Public and private parks and commonly owned open space. m. Restaurants; refreshment stands, and open air cafes used in conjunction with a restaurant to be contained within the property lines. Consumption of alcoholic beverages on premises shall be permitted in accordance with the requirements of the land development code. n. Signs. o. Specialty shops including but not limited to: 1) Antique and curio shops arts. 2) Crafts and hobby shops. 3) Bait and tackle shops. 4) Bicycle rental, bookstores 5) Florists. 6) Gift and souvenir shops. 7) Newsstands. 8) Novelty shops. 9) Stationery shops and other similar retail sales or service shops. p. Studios for artists, photography, interior decorating and similar uses. q. Temporary sales and/or construction offices including those on wheels. r. Any other use similar in nature, in keeping with the spirit or intent and when compatible with the above uses and compatible with the stated purpose and intent of the MDP. 4. Property development regulations for town center and village center uses are set forth in Table 2. N. Town centers. 103 1 . The purpose and intent of the town centers section is to set forth the general locations of uses within the master development plan (MDP) where retail, office, hotel, residential and certain commercial facilities serve the residential community and area residents can exist together in unison and complement one another through well planned site design techniques and safe, efficient and economical use of land and public facilities. 2. Town centers shall be located on or near the intersection of two arterials or an arterial and a collector street and shall be buffered from any residential use outside the MDP. 3. Permitted uses and structures in the town centers include all of the uses permitted in the residential area and village center as provided in sections 118.5.3.L.3 and 118.5.3.M.3, plus the following: a. Adult and/or child day care centers. b. Apparel shops, including, but not limited to: 1) Clothing. 2) Hats. 3) Jewelry. 4) Shoes and other customary clothing accessories. c. Auto service stations including convenience stores with accessory self-service fuel pumps and car wash. d. Banks and financial institutions-Drive-in facilities and automated teller machines (ATM) permitted. e. Car washes. f. Churches. g. Clubs, private. h. Cocktail lounges or bars. i. Commercial centers. j. Commercial, recreational uses. k. Community facilities. I. Conference centers. m . Conservation and water management facilities. n. Credit agencies other than banks. o. Cultural centers. p. Department stores. q. Drug and sundry stores, including drive-thru pharmacies. r. Food and drink consumption, including nightclubs. s. Food stores. t. Hardware, furniture, appliances and sporting goods. u. Health care clinics including, but not limited to medical, dental, optical, chiropractic, osteopathic plus related facilities such as blood banks and organ donor facilities. v. Hotels and motels. w. Health services, except the following uses which shall be permitted only in a hospital campus. For purposes of this section, "hospital" shall mean a facility licensed by the 104 state that provides full medical and emergency care, minimum of 300 beds: 1) Alcohol and drug treatment, outpatient facilities. 2) Blood banks. 3) Blood donor stations. 4) Outpatient detoxification centers. 5) Outpatient mental health clinics. has on-site security and a 6) Outpatient treatment clinics for alcoholism and drug addiction. 7) Plasmaspheresis centers. x. Medical and dental offices. y. Membership organization. z. Nightclubs. aa. Offices, business and/or professional (excluding pest control services and labor pools). bb . Package stores . cc. Parking lots, parking decks and parking garages, public or private. dd. Personal services including, but not limited to: 1) Barbershops. 2) Beauty salons. 3) Exercise studios and health clubs/spas. 4) Laundry and dry cleaning pick up establishments. 5) Self service laundries and the like. ee. Photographic studios, portrait. ff. Pickup stations for dry cleaning or laundry and laundromats which use nonvented, self-contained equipment. gg. Public and private parks and commonly owned open space . hh. Public administration, excluding correctional institutions. ii. Restaurants; refreshment stands, and open air cafes used in conjunction with a restaurant to be contained within the property lines. Consumption of alcoholic beverages on premises shall be permitted in accordance with the requirements of the land development code. jj. Restaurants, fast food with drive-thru. kk. Schools, public, private, or commercial. II. Signs. mm. Specialty shops including but not limited to: 1) Antique and curio shops. 2) Arts, crafts and hobby shops . 3) Bait and tackle shops. 4) Bicycle rental. 105 -------- 5) Bookstores. 6) Florists. 7) Gift and souvenir shops. 8) Newsstands. 9) Novelty shops. 10) Stationery shops and other similar retail sales or service shops. nn. Studios for artists, photography, interior decorating and similar uses. oo. Supermarkets. pp. Theaters (indoor as well as outdoor amphitheaters). qq. Any other use similar in nature, in keeping with the spirit or intent and when compatible with the above uses. The building official may approve any other commercial or professional service, which is comparable and compatible with the stated purpose and intent of the MDP. 4. Property development regulations for activity center uses are set forth in Table 2. TABLE2:DEVELOPMENTSTANDARDSFOR VILLAGE CENTERS, TOWN CENTERS AND OTHER USES ,.. Town Centers Village Centers, Club House, School, Recreational and Maintenance Facilities ~ ----r Minimum Lot Areas 10,000 square feet 10,000 square feet ~ Minimum Lot Width (ll 100 feet 100 feet Minimum Average Lot Depth 100 feet 80 feet -- j Minimum Building Setback from an Arterial Front Yard Setback (Principal and Accessory Uses) r--~ Side Yard Setback 25 feet - 20 feet 12½ feet or up to ½ Sum of Adjacent Building Heights I Rear Yard Setback 15 feet I 2Sfeet __J I 15 feet _J 12½ feet or up to½ Sum of Adjacent I Building Heights I ,-I ------1 1 15 feet r 1 Water Body Setback 10 feet 10 feet I_ l j 106 ---' Maximum Building Height (2l 75 feet 6 Stories r---:r Ofeetorupto½Sumof Distance Between Structures d 1 A jacent Bui ding Heights 45 feet 3 Stories 20 feet or up to ½ Sum of Adjacent Building Heights I Maximum Building coveragl (3) I 65% 65% NOTES: 1< > Minimum lot width may be reduced for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. <2> All structures greater than two stories in height, abutting existing residential development outside the MOP boundary which has permitted building heights of two stories or less, shall have a minimum setback of 100 feet from the MOP boundary. <3> Maximum building coverage will result from the application of the above development standards on individual lots and no other limitations shall apply to building coverage for commercial and recreational structures when the lot size is less than two acres. 0. Public utilities. 1. Public utility easements shall be ten feet on each side of the street right-of-way, if required. Side and rear lot public utility easements are not mandatory. Other utility easements shall be provided as required by the private utility company. 2. All public utility services including electric, telephone and cable television shall be underground installation to the maximum extent possible. Aboveground facilities shall only be allowed if they previously existed, or if underground installations are impossible or impracticable. P . Streets and access improvements. 1. Private streets. a. Street right-of-way width. The minimum right-of-way width to be utilized for local streets shall be 45 feet. Accessways serving multifamily tracts shall not be required to meet this standard. b. Pavement widths. Each traffic lane on a two-way street shall be a minimum of ten feet in width and a two-foot wide curb and gutter shall be provided. The traffic lane on a one-way street shall be a minimum of 15 feet in width. c. Paver blocks. The use of paver blocks is permitted subject to approval by the public works director and engineering division designee. Maintenance and restoration, if required, of paver blocks shall be the responsibility of the property owners' association or their assigns. 2. Alleys. a. Alleys, when provided, shall be located in an easement or right-of-way of at least 22 feet wide. b. Alleys shall be paved. 107 c. Dead-end alleys are prohibited. d. City owned and maintained water and sewer lines shall not be located in alleys. 3. Accessways. a. Accessways are not required to be within a right-of-way. b. Public utility easement shall be provided as required by private utility company. c. Pavement widths: On a two-way accessway each traffic lane shall be a minimum of 11 feet in width if no curb and gutter is provided. If two-foot wide curb and gutter is provided on a two-way accessway, each lane shall be a minimum of ten feet in width. On a one-way accessway, the traffic lane shall be a minimum of 15 feet in width. 4. Cul-de-sac streets . a. Dead end streets shall not exceed 500 feet in length unless turnarounds are provided. b. Culs-de-sac shall be a minimum outside pavement diameter of 90 feet for residential areas and 125 feet for commercial areas. The cul-de-sac shall have a minimum pavement width of 24 feet if landscape islands are utilized. The public works director, engineering division designee and fire department will consider a reduction in the pavement diameter when stabilized surfaces and access points are provided or hammerhead-turning facilities are installed. c. Landscape islands in the center of the cul-de-sac, with Type "F" curb, shall be permitted as long as the minimum pavement width requirements are met. 5. Intersection radii. Street intersections shall be provided with a minimum of 20-foot radius (edge of pavement) for all internal project streets and a 35-foot radius for intersections at project entrances. 6. Tangent. Tangent shall not be required between reverse curves on any project streets. Q. Connectivity. 1. Street connectivity within a master development plan (MDP) is encouraged. 2. Pedestrian/bicycle connections are required within a MDP between residential areas and any town centers and village centers. 3. Wherever practicable, pedestrian/bicycle connections shall be provided to roadways that are designed to arterial and collector standards. R. Landscaping. 1. All arterial and collector streets within a master development plan shall be planted with live oaks at a spacing of 50 feet apart with a minimum size at planting of ten feet high, with a three-inch caliper at six inches from base of trunk. 2. Required street trees shall be located on private property, as close to the right-of-way as possible. If enhanced landscaping is proposed, the location of the street trees can vary within the roadway buffer provided that the required minimum number of trees is installed for the entire length of the road segment to be landscaped. 3. Maintenance of the street trees shall be the responsibility of the property owners' association or their assigns. 4. All other landscaping requirements shall comply with chapter 138. S. Sidewalks, bike paths and bike racks. 1. Internal pedestrian sidewalks are permitted over closed (piped) drainage easements and within open (adjacent to swales) drainage easements as long as all Americans with Disabilities Act requirements are satisfied. 108 2. Sidewalks may be located outside platted rights-of-way, when located within a separate sidewalk easement as long as they are connected to the overall pedestrian access system. 3. Sidewalks may be located within landscape buffers and/or easements. 4. Private streets with a 60-foot wide right-of-way or greater shall have a minimum eight-foot wide sidewalk on one side of the street, or a five-foot wide sidewalk on both sides of the street, either of which may meander in and out of the right-of-way. 5. Private streets with a right-of-way equal to or greater than 45 feet wide but less than 60 feet wide shall have a minimum five-foot wide sidewalk on one side of the street. 6. With the approval of the public works director, engineering division designee and the fire department, private streets with a right-of-way greater than 45 feet wide but less than 60 feet wide may reduce pavement widths to a minimum of ten feet for each traffic lane on a two-way street and a two-foot wide curb and gutter shall be provided and shall have a minimum five-foot wide sidewalk on both sides of the street. 7. All required sidewalks and bike paths located within rights-of-way or easements shall be paved (concrete or asphalt). Unpaved walkways may be permitted if the applicant can demonstrate that based on the location and surrounding environmental features that a paved surface is not desirable. The applicant shall also demonstrate that an unpaved walkway will not be hazardous to pedestrians. 8. Commercial and professional uses shall include bicycle/parking facilities, providing for bicycle parking facilities at a ratio of one for every 15 automobile parking spaces up to a maximum of 50 bicycles. T. Off-street parking. 1. The off-street parking and loading requirements shall be as set forth in Chapter 134, Traffic Circulation and Parking, Article 3, Off-Street Parking and Loading, as may be amended. 2. In order to permit flexibility in design, innovative development and improved traffic circulation within the golf course clubhouses, golf cart parking spaces may be provided on­ site in lieu of vehicular parking spaces at a calculation not to exceed 25 percent of the minimum off-street vehicular parking space requirements for such land uses. 3. Golf cart parking spaces at the golf course clubhouses are not required to be paved but shall be compacted, stabilized, well drained and surfaced with a durable grass cover. The golf cart parking shall be located on the same parcel it serves and be arranged for safe and convenient access. Minimum aisle widths for golf cart parking shall be 12 feet for two-way traffic and six feet for one-way traffic, and the minimum size requirements for parking spaces shall be six feet by ten feet. U. Open space. 1. Each master development plan (MDP) shall provide a minimum of 30 percent open space. Open space shall include golf courses, passive recreation areas, 100 percent of any lake area, buffers and any lands designated conservation (CON) on the future land use map that are located within the overall boundary of the development. 2. Within a MDP, there is no minimum open space requirement for MDP communities or parcels within a MDP community so long as 30 percent of the gross area of the MDP is provided as open space. 3. A minimum of 50 percent of the required open space must be retained indigenous vegetation, where such conditions exist. The indigenous vegetation includes open space acreage within passive recreation areas, buffers and any lands designated conservation (CON) that are located within the MDP . V. Signage generally. 109 1. Signage in a master development plan (MDP) shall be in conformance with chapter 126, except as set forth herein. Variations may be approved through the administrative deviation process set forth herein. 2. The applicant may submit an optional sign package to the city for administrative review and approval. The sign package may address alternatives to the standards for project boundary signs, project entrance signs, internal signs and traffic signs standards presented herein. The sign package shall include graphic representations of the proposed signs. 3. Signage shall meet the safety requirements of the Manual of Uniform Control Devices except as approved by the public works director. All applications to the city for a sign permit shall include written verification from the MDP design review committee that a completed application for consideration of the signage proposal has been reviewed and approved by the MDP design review committee. 4. For the purpose of this division, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign permitted herein. 5. All signs shall be located so as not to cause sight line obstructions. See section 134.2.21. 6. All internal project rights-of-way may be utilized for decorative landscaped entrance features and signage subject to review and approval from the director, with the consent of the director, public works director and engineering division designee, for consistency with the requirements set forth herein. W. Signs in public rights-of-way. 1. Signs shall be permitted in public rights-of-way subject to city council approval, where applicable. 2. The applicant shall provide a hold harmless agreement and a maintenance agreement to the city for consideration by city council for the installation and maintenance of signage in the rights-of-way prior to the issuance of building permits. 3. Right-of-way permits shall be required. X. Project boundary signs. 1. One project boundary sign or monument may be located at each property corner of an MDP community, adjacent to public rights-of-way. The project boundary sign may contain the name of the subdivision, and the insignia or motto of the MDP community. 2. The sign face area may not exceed 64 square feet in area and may not exceed the height or length of the monument upon which it is located. If the sign is two-sided, each sign face may not exceed 64 square feet in area. 3. Sign face square footage is calculated by total square footage of community name, insignia, and motto only. a. The setback from any public right-of-way and any perimeter property line shall be ten feet, provided that the signs do not cause sight line obstructions. See section 134.2.21. b. Project boundary signage shall be ground mounted and the sign structure is limited to a maximum height of 12 feet. c. Project boundary signs may be lighted provided all lights are shielded in a manner that prevents direct glare onto adjacent roadways or residences. Y . Project entrance signs. 1. One ground or wall-mounted entrance sign may be located on both sides of each entrance right-of-way and in the entry median of each individual MDP community. Such signs may 110 contain the name of the MDP community, the insignia or motto of the MDP community and the name of the developer. The signs may be one-sided, two-sided or three-sided. 2. A sign face area shall not exceed 80 square feet and the total sign face area at each entrance shall not exceed 160 square feet. If the sign is a single, two-sided sign, each sign face shall not exceed 80 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. Where a three-sided sign is utilized, the third sign side shall face internal to the MDP community and the sign message area shall not exceed ten square feet. 3. The setback for the project entrance signs from the public right-of-way and any perimeter property line shall be ten feet, provided that the signs do not cause sight line obstructions. See section 134.2.21. 4. Project entrance signs may not exceed a height of ten feet above the finished grade level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than the highest crown elevation of the nearest road. Z. Construction entrance signs. One sign, a maximum of 20 feet in size, shall be permitted at each construction entrance to identify the entrance. AA. Internal signs. 1 . Directional or identification signs may be allowed internal to the MDP and MOP communities. Such signs may be used to identify the location or direction of approved uses such as, but not limited to, models or model sales centers, clubhouse, or recreational areas, and residential neighborhoods . Individual signs may be a maximum of eight square feet per side in size, and a maximum height of 12 feet. Signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 24 square feet per side and a maximum height of 12 feet. There shall be no maximum number of permitted directional or identification signs. 2. Real estate signs with a maximum of four square feet per side may be permitted in residential districts. Such signs may advertise "For Sale," "Sold To," "Lot #," or similar verbiage. 3. Temporary signage may be utilized with permanent signage up to the time of 75 percent of project buildout. BB. Traffic signs. Traffic signs in public and private rights-of-way, such as street signs, stop signs and speed limit signs may be designed to reflect a common architectural theme. The signage will not be maintained by the city, but by the property owners' association or their designee. The placement and size of signs will be in accordance with local and state department of transportation criteria. CC. Billboards. Billboards may be permitted in accordance with section 126-105. DD. Fences and walls. 1. Except as may be otherwise permitted pursuant to a building parcel/building site plan approval, no wall or fence shall block the sight-line of passing motorists so as to constitute a traffic hazard. 2. Residential walls shall be limited to a height of eight feet from average ground level, unless an increased height is permitted in accordance with the requirements below. 3. Commercial walls shall be limited to a height of ten feet from the finished grade level of the site. For the purpose of this section, finished grade shall be considered to be no greater than the highest crown elevation of the nearest road unless an increased height is permitted in accordance with the requirements below. 111 4. Fences and walls for residential neighborhood and/or commercial projects fences may include architectural features such as columns, cupolas, fountains, parapets, and the like, at a height not exceeding twice the fence or wall height. 5. No increase in height for fences or walls may be approved unless the request received the prior approval of the MDP design review committee and is processed through the administrative deviation process. 6. Wire fences of chainlink type permitting visibility may be erected along the front, side and rear property lines provided they do not exceed six feet in height. 7. All chainlink fences (including all poles, rails, gates, supports and the like) shall be green, brown or black plastic or vinyl-coated material only. Chainlink and wire fencing is prohibited in the front yard and on corner lots where the side is adjacent to a street. 8. Fences used to enclose a tennis court or other sport activity area may exceed the height limitations set forth above. 9. Fences involving agriculture purposes shall be exempt from these regulations. 10. MDP and MDP community perimeter fences may exceed the height limitations set forth above. EE. Model homes/sales and design centers/sales offices/construction offices. 1. Model homes, sales centers, sales offices, construction offices (including temporary sales, construction offices and service centers on wheels) and other uses and structures related to the promotion and sale of real estate, such as but not limited to pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the master development plan (MOP). 2. Prior to final plat approval, a maximum of 12 model homes shall be permitted within each MDP community. 3. Model homes to be located within a proposed single-family development may be approved following administrative approval of a final plat and construction drawings for all required infrastructure encompassing the lots on which the models are to be constructed. Time limit on approval shall be up to ten years or until completion of lot sales. 4. Model homes shall be "wet" or "dry" facilities. A wet facility is one that has adequate plumbing for issuance of a certificate of occupancy. A dry facility is everything else. Wet model home facilities may be occupied by a sales office and/or sales representative. 5. Dry model homes facilities shall be unoccupied by a sales office and/or representative. 6. Transportation to and from unoccupied model homes shall be provided at a sales center, which also shall provide required parking and handicapped accommodations. 7. The model home/sales and design centers and construction offices may utilize septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 64E-06 and may use potable or irrigation wells. Offices located in permanent structures shall be required to connect to the central utility system at the time it becomes available. FF. Administrative deviations from master development plan standards. 1. The master development plan (MOP) as set forth in this section provides for administrative deviations from the design standards found in Table 1: Development Standards for Residential Uses, Table 2: Development Standards for Town Center, Village Center and Other Uses, and other specific provisions of the MDP. 2. All requests for administrative deviations shall be submitted to the applicable MDP design review committee for their review, evaluation and recommendation prior to submission to the development services division. The applicant must submit to the development services 112 division a copy of the MDP design review committee recommendation which shall include the committee's justification for concluding their recommendation. 3. Deviations from the provisions of this section may be approved administratively by the director with the consent of the director, public works director and engineering division designee. 4. Administrative deviations shall be granted only when the director, public works director and engineering division designee find that the criteria have been met as follows: a. Administrative deviations that encourages innovation in community development, improves the design, quality and character of new development; fosters a more functional relationship pattern between different land uses, encourages patterns of land use that decrease trip lengths of automobile travel and encourage trip consolidation; and fosters safe, efficient and economic use of land and public facilities/services shall be given greatest consideration. b. The alternative is no less consistent with the health, safety and welfare of the abutting landowners and the general public than the standard from which the deviation is being requested. c. Special conditions may be included in the administrative deviation to address unique aspects of the parcel to protect a bona fide public interest. The objective of administrative deviation is to provide design flexibility in community development. d. An application for administrative deviation shall include documentation, which demonstrates how the administrative deviation will provide to the benefit of, or at least not to the detriment of, the public interest, and how the deviation provides for good planning and design flexibility. e. The administrative deviation does not increase density or intensity (i.e., number of dwelling units or quantity of commercial or office floor area), or decrease the minimum required buffers and open space. 5. The director, with the consent of the director, public works director and engineering division designee, must issue a written approval, denial or approval with conditions of the administrative deviation. The approval, approval with conditions, or denial must clearly identify the action requested by the applicant and the basis of the final administrative action of the city. If the director, with recommendation from the director, public works director and engineering division designee, denies the administrative deviation, this does not preclude the applicant from submitting a variance application in accordance with the land development code or filing an appeal of administrative action. All variance requests from other requirements of the land development code must follow the procedures set forth in the land development code. 6. All applications for administrative deviations shall include a review fee for each administrative deviation application. ARTICLE 6. -SPECIAL DEVELOPMENT AREAS 118.6.1-General Provisions. A. Purpose and intent. It is the purpose of this division to improve and protect the public health, safety and welfare by pursuing the following objectives: 1. Encourage innovation in community development. 2. Foster the safe, efficient, and economic use of the land and public facilities and services. 113 3. Facilitate the prov1s1on of adequate public services, such as transportation, water, sewerage, drainage, electricity, open space and parks. 4. Encourage patterns of land use which decrease trip length of automobile travel and encourage trip consolidation. 5. Improve the design, quality and character of new development. 6. Foster a more functional pattern of relationships between residential, office, commercial and recreational land uses. 7. Set forth the procedures for the future development of the special development area. B. Interpretation. 1. These provisions apply to the development of land within the property designated on the comprehensive plan future land use map as a special development area located within the city. The land development code will apply if the area of regulation is not otherwise addressed by this article, as amended. 2. The interpretation and application of the special development area will be reasonably and uniformly applied to all property within the city that is designated as a special development area. 3. Property designated as a special development area shall only be developed utilizing the procedures and standards set forth in section 118.5.1. Development plans submitted shall comply with the standards contained within the planned unit development district and shall further the purpose and intent of the special development area set forth in subsection 118.6.1.A. As part of any planned unit development (PUD) approval granted pursuant to this article, the city shall ensure that all impacts generated by the proposed development pertaining to transportation and traffic, fire and public safety, parks and recreational facilities, and environmental and other related matters are adequately addressed and mitigated, and that adequate provision for such facilities is made by the development. The following uses of the property may occur without PUD approval: a. Conservation, preservation, water management, and passive recreation; b. Aquatic and botanical research and education; c. Related accessory uses, structures, and facilities. 118.6.2 -Pelican Preserve Special Development Area. A. Purpose and Intent. It is the purpose of this division to improve and protect the public health, safety and welfare by pursuing the following objectives: 1. Encourage innovation in community development. 2. Foster the safe, efficient, and economic use of the land and public facilities and services. 3. Facilitate the provision of adequate public services, such as transportation, water, sewerage, drainage, electricity, open space, and parks. 4. Encourage patterns of land use which decrease trip length of automobile travel and encourage trip consolidation. 5. Improve the design, quality and character of new development. 6. Foster a more functional pattern of relationships between residential, office, commercial and recreational land uses. 7. Set forth the standards and guidelines for the future development of the Pelican Preserve Special Development Area. 114 B. Interpretation. 1. These provisions apply to the development of land within the property designated as the Pelican Preserve Special Development Area located within the city. The land development code will apply if the area of regulation is not otherwise addressed by this division, as amended. 2. The interpretation and application of the Pelican Preserve Special Development Area will be reasonably and uniformly applied to all property within the city that is designated as the Pelican Preserve Special Development Area. C. Conceptual Master Plan. 1. The development plan is for those lands described as follows: LEGAL DESCRIPTION A tract or parcel of land lying in Sections 1, 2 and 12, Township 45 South, Range 25 East, Section 35, Township 44 South, Range 25 East, and Section 6, Township 45 South, Range 26 East, Lee County, Florida, being further bounded and described as follows: Beginning at the 4" concrete monument marking the South One Quarter corner of Section 1, Township 45 South, Range 25 East, Lee County, Florida; thence S.89°56'14'W ., along the south line, of the Southwest One Quarter of said Section 1, for 2,593.54 feet to the southwest corner of said Section 1 and the southeast corner of Section 2, Township 45 South, Range 25 East, Lee County, Florida; thence S.89°03'49'W., along the south line of the Southeast One Quarter of said Section 2, for 2,645.12 feet to a 3"x5" concrete monument marking the South One Quarter corner of Section 2, Township 45 South, Range 25 East; thence continue S.89°03'49'W., along the south line of the Southwest One Quarter of said Section 2, for 476.16 feet to a PK Nail and disc stamped LB 6952 and a point on a curve; thence northerly 200.18 feet along the arc of a non-tangential curve to the left having a radius of 2,599.95 feet through a central angle of 04 °24'41" and being subtended by a Chord which bears N.01 °38'43'W. for 200.13 feet to a PK Nail and Disc stamped LB 6952; thence N.03°51 '03'W ., for 959.31 feet to a PK Nail and Disc stamped LB 6952 and a point of curvature; thence northerly 490.29 feet along the arc of a tangential curve to the right having a radius of 2,700.06 feet through a central angle of 10°24'15" and being subtended by a chord which bears N.01°21'04"E. for 489.62 feet; thence N.06°33'12"E., for 1,166.54 feet to a PK Nail and Disc stamped LB 6952 and a point of curvature; thence northerly 826.44 feet along the arc of a tangential curve to the left having a radius of 1,100.00 feet through a central angle of 43°02'49" and being subtended by a Chord which bears N.14°58'12'W. for 807.14 feet; thence N.36°29'36"W., for 266.36 feet to a PK Nail and Disc stamped LB 6952 and a point of curvature; thence northerly 1,249.07 feet along the arc of a tangential curve to the right having a radius of 1,900.00 feet through a central angle of 37°40'00" and being subtended by a Chord which bears N.17°39'36"W. for 1,226.70 feet to a PK Nail and Disc stamped LB 6952; thence N.01°10'24"E., for 248.58 feet to a PK Nail and Disc stamped LB 6952; thence S.89°25'36'W., for 214.71 feet to a 5/8" iron rod capped LB 6952; thence N.00°02'17"W., for 68.31 feet to a 5/8" iron rod capped LB 6952; thence N.01 °00'06'W ., for 2,642.68 feet to a 4" concrete monument stamped LB 642; thence N.00°58'02"W ., for 1,048.01 feet to a PK NAIL and Disc stamped LB 6952 and a point on a curve; thence northerly 766.45 feet along the arc of a non-tangential curve to the left having a radius of 1,050.00 feet through a central angle of 41 °49'24" and being subtended by a Chord which bears N.21°16'16"E. for 749.55 feet to a 5/8" iron rod; thence N.00°21 '33"E., for 721.50 feet to a 5/8" iron rod; thence N.45°21 '33"E., for 42.43 feet to a 4" concrete monument; thence S.89°38'27"E., for 2,224.05 feet to a 4" concrete monument; thence S.02°16'01 "E., for 1,168.38 feet to a 5/8" iron rod capped 115 LB 642; thence N.89°54'24"E., for 1,324.86 feet to a 5/8" iron rod capped LB 642 and a point on the east line of the Northeast One Quarter of said Section 35; thence S.03°20'25"E., along said east line, for 1,284.37 feet to a 5/8" iron rod capped LB 6952 marking the East One Quarter corner of said Section 35; thence S.00°01 '58"E., along the east line of the Southeast One Quarter of said Section 35, for 2,635.65 feet to a 6" concrete monument marking the common corner for said Sections 1, 2, and 35; thence N.89°28'42"E., along the north line of the Northwest One Quarter of said Section 1, for 32.13 feet to a point on the north line of said Section 1; thence along said north line, S.89°57'20"E., for 1,118.12 feet to a point on the southwesterly line of the Florida Power and Light Company easement recorded in Official Records Book 258, Page 378 of the Public Records of Lee County Florida; thence along said southwesterly line the following 2 described courses; 1. Thence S.37°57'03"E., for 1132.67 feet; 2. Thence S.37°57'07"E., for 366.69 feet a point on the westerly line of the 120-foot wide access and utility easement recorded in Instrument 2010000058339 of said Public Records and a point on a curve; Thence along said westerly line the following 2 described courses; 1. Thence southerly 687.41 feet along the arc of a curve to the left having a radius of 1,681.83 feet through a central angle of 23°25'07" and being subtended by a chord which bears S.23°40'13"E. for 682.64 feet; 2. Thence S.35°22'47"E., for 163.65 feet to a point on the north line of the lands described in Official Records Book 2626, Page 3647, of said Public Records; Thence along said north line S.54 °37'13'W ., for 1,000.76 feet to a point on the northerly line of Lot 23, Gateway Hidden Links II, as per the plat thereof recorded in Plat Book 69, Page 97, of said Public Records and a point on a curve; thence southwesterly 138.45 feet along the northerly line of said Lot 23 and Lot 22 of said Gateway Hidden Links II, and along the arc of a non-tangential curve to the left having a radius of 225.00 feet through a central angle of 35°15'25" and being subtended by a chord which bears S.36°59'32'W. for 136.28 feet to a point on the westerly line of Gateway Golf And Country Club as recorded in Official Records Book 3556, Page 1545, of said Public Records; thence along said westerly line of the following 21 described courses; 1. Thence S.22°54'23'W., for 281.97 feet; 2. Thence S.55° 48'33'W ., for 136.16 feet; 3. Thence E S.78°06'34"W., for 18.20 feet; 4. Thence S.57°35'17'W., for 9.70 feet; 5. Thence S. 76°37'57'W ., for 15.06 feet; 6. Thence S.64°54'52'W., for 44.61 feet; 7. Thence S.08°25'25'W ., for 40.28 feet; 8. Thence S.06°30'42'W., for 30.10 feet; 9. Thence S.32°16'28'W ., for 88.27 feet; 10. Thence S. 76°04'40"W ., for 87.12 feet; 11. Thence N.85°01'24"W., for 100.54 feet; 12. Thence S.05°57'06"E., for 53.31 feet; 13. Thence S.09°03'40"W., for 83.69 feet; 116 14. Thence S.03°39'02"E., for 118.11 feet; 15. Thence S.09°40'30"E., for 102.54 feet; 16. Thence S.27°58'47"W., for 276.05 feet; 17. Thence S.36°54'41"W., for 172.25 feet; 18. Thence S.33°26'36"W., for 232.10 feet; 19. Thence S.38°56'24"W., for 86.00 feet; 20. Thence S.31 °35'38"W ., for 436.35 feet; 21. Thence s.18°45'56"W., for 95.17 feet; thence N.78°06'39'W., for 2.07 feet; thence S.11 °53'21 'W., for 341.62 feet to a point of curvature; thence southwesterly 371.36 feet along the arc of a tangential curve to the right having a radius of 460.00 feet through a central angle of 46°15'20" and being subtended by a Chord which bears S.35°01 '01 'W. for 361.36 feet; thence S.58°08'41'W., for 421.37 feet to a point of curvature; thence southwesterly 395.89 feet along the arc of a tangential curve to the left having a radius of 340.00 feet through a central angle of 66°42'51" and being subtended by a Chord which bears S.24°47'16'W. for 373.90 feet; thence S.08°34'10"E., for 418.86 feet to a point of curvature; thence southerly 461.43 feet along the arc of a tangential curve to the right having a radius of 1,560.00 feet through a central angle of 16°56'50" and being subtended by a Chord which bears S.00°05'45"E. for 459.75 feet; thence S.08°22'41 'W., for 98.45 feet to a point of curvature; thence southerly 486.24 feet along the arc of a tangential curve to the left having a radius of 2,940.00 feet through a central angle of 09°28'33" and being subtended by a Chord which bears S.03°38'24'W. for 485.68 feet; thence S.01 °05'53"E., for 680.34 feet to a point on the East-West One-Quarter Section line of said Section 12; thence along said east-west line, S.89°59'34"W., for 120.02 feet; thence N.01°05'53'W., for 2646.08 feet; thence S.89°38'30'W ., for 69.19 feet to the point of beginning of the parcel described herein; Containing 60,191,159 square feet or 1,381.80 acres, more or less. Bearings are based on the south line of the Southwest One-Quarter of Section 1 , Township 45 South, Range 25 East, as having an assumed bearing of S.89°56'14'W. 2. The development plan for those lands submitted as Pelican Preserve Special Development Area will generally follow the pattern of land uses as depicted on the conceptual master plan for the Pelican Preserve Special Development Area as shown on Map H. The specific location of uses may be amended, switched, shifted or changed with administrative approval by the planning manager and public works department director, as long as the total number of dwelling units or commercial square footage designated on the approved conceptual master plan is not increased and is consistent with Ordinance No. (3618) the local development order for the Pelican Preserve Development of Regional Impact (DRI). Phase lines are shown for the general purpose of showing development sequence; however, they can be changed by the developer during the platting process. D. Definitions. 1. Generally. a. Unless specifically defined herein, or as a secondary source in the land development code, words contained in this division shall be defined by Webster's Dictionary, latest edition. b. Words used in the singular number include the plural, and words used in the plural number include the singular. 117 c. The word "constructed" includes the words "erected," "built," "installed," "rebuilt," and "repaired." d. The word "structure" includes the word "building." e. The word "subdivider" includes the word "developer," and the word "developer" includes the word "subdivider." f. The word "include" is a word of enlargement and not limitation. g. The word "shall" is mandatory, and the words "should" and "may" are permissive. 2. Specific. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Abutting properties means properties having a boundary line or a portion of a boundary line in common, with no intervening street right-of-way or easement. Accessory use or structure means a use or structure of a nature customarily incidental and subordinate to the principal use or structure, and, unless otherwise provided, on the same premises. The term "on the same premises," with respect to accessory uses and structures, shall be construed as meaning on the same lot or building parcel or on an abutting lot or building parcel in the same ownership. Where a building is attached to the roofline of a principal building, it shall be considered as a part thereof, and not an accessory building, except where otherwise stated. If an accessory structure is built on an adjacent lot or building parcel, the adjacent lot or building parcel shall be combined into a single lot of record with the lot or parcel on which the principal structure is located, and the lot may not be sold to a separate owner without written confirmation from the city that the parcel meets the requirements of the Pelican Preserve Special Development Area and land development code as a stand alone parcel. Adult day care center means any building, or part of a building, whether operated for profit or not, in which is provided, through its ownership or management, for a part of a day, base services to three or more persons who are 18 years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services. Assisted living facility (ALF), multifamily, means any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes, through its ownership or management, to provide housing, meals, and one or more personal services, for a period exceeding 24 hours, to one or more adults who are not relatives of the owner or administrator. Automobile service station, major repair, includes any major body work performed on vehicles, including, but not limited to, painting, finish work, body repair, muffler installation, brake relining, upholstering, engine rebuilding, etc. Specifically excluded is any major salvage or stripping operation, such as salvage yards. Automobile service station, minor repair, means an establishment primarily engaged in the retail sale of motor fuel or lubricants, but which may also include facilities for washing, polishing, waxing, oil changes, transmission fluid changes, greasing, tire repairs (with no recapping or vulcanizing) and other minor repairs, and emergency road service, including towing and emergency repairs and services, and radio or cellular phone sales and installation. Automobile wrecking and automobile wrecking yard means the dismantling, crushing, shredding, or disassembling of used motor vehicles or trailers, or the storage, sales or dumping of dismantled, partially dismantled, obsolete, or wrecked motor vehicles or trailers, or their repairs. Building lot means a parcel of land occupied, capable of being occupied or designed to be occupied by one or more principal buildings or uses, for the district in which located, and 118 the accessory buildings or uses customarily incidental to it, including such open spaces as required. Building lot or parcel frontage means the distance measured along a straight line between the points of intersection of the side lot or lot lines with the street right-of-way easement. Building lot or parcel measurement, depth, means the distance between the midpoints of straight lines connecting the foremost points of the side lot or parcel lines in the rear. Building lot or parcel measurement, width, means the average distance between straight lines connecting front and rear lot or parcel lines at each side of the lot or parcel, measured as straight lines between the foremost points of the side lot or parcel lines in front (where they intersect with the street line) and the rear most points of the side lot or parcel lines in the rear; provided, however, that the width between the side lines at their foremost points in the front shall not be less than 80 percent of the required lot or parcel width, except in the case of lots on the turning circle of a cul-de-sac, in which case the 80 percent requirement shall not apply. Building lot types means the following: (1) Corner lot means a lot located at the intersection of two or more streets. A lot abutting on a curved street shall be considered a corner lot if lines drawn tangentially to the street at the intersection of the side lot lines and the street meet at an interior angle of less than 135 degrees. (2) Interior lot means a lot, other than a corner lot, with only one frontage on a street. (3) Through lot means a lot, other than a corner lot, with frontage on more than one street. Through lots abutting two streets may be referred to as "double frontage lots." Building parcel or site means a portion of land or property located within a larger platted tract of land, which is intended for development under the land use designation. Carport means a freestanding or attached structure, consisting of a roof and supporting members, such as columns or beams, unenclosed from the ground to the roof on at least two sides, and designed or used for the storage of motor driven vehicles owned and used by the occupants of the building to which it is accessory. Change of occupancy means the discontinuance of an existing use and the substitution therefore of a use of a different kind or class. Such term is not intended to include a change of tenants or proprietors, unless accompanied by a change in the type of use. Child care center means an establishment where four or more children, other than members of the family, occupy the premises, and are cared for away from their own home by day or night. This term includes a day nursery, day care service, day care agency, nursery school, or play school. The term does not include foster homes. Clinic, medical or dental, means an establishment where human patients who are not lodged overnight are admitted for examination and treatment by one person or group of persons practicing any form of the healing arts, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, homeopaths, optometrists, dentists, or any such medical profession, the practice of which is lawful in the state in another city. A public clinic is one operated by any governmental organization for the benefit of the general public. All other clinics are private clinics. Clinic, veterinary, means any structure or premises used primarily for the diagnosis, treatment, and medical and surgical care of birds and animals. Such term may include indoor kennels for the boarding of animals, particularly those animals which require overnight observation and care due to surgery or other medical treatment. Such term may also include outdoor runs to provide for the proper exercise of three animals at a time, unless the outdoor runs are adequately screened to protect any adjacent property from the visual and noise impacts of the animals. 119 Cocktail lounge or bar (nightclub) means any establishment, or part thereof, devoted primarily to retailing for on-premises consumption of malt, vinous, or other alcoholic beverages. Commercial vehicle means any vehicle that has a rated load capacity in excess of one ton or more and is used in conjunction with a commercial or business activity. Community means all of the Pelican Preserve Special Development Area submitted for conceptual master plan approval. Community facility includes a campus style set of buildings designed to provide recreational amenities, outdoor recreational facilities, and community center uses. The recreational amenities include, but are not limited to, a volleyball court, lawn bowling, tennis, softball field, outdoor pool, aerobics pool, gym, social hall, library, coffee shop, theater, sports bar, post office, art facilities, woodshop, lap pool, painting room and related reception area, locker rooms, restrooms, business center and administrative area. Condominium means that form of ownership of real property which is created pursuant to the provisions of F.S. ch. 718, which is comprised of units that may be owned by one or more persons, and in which each unit owner has an undivided share in common elements. Contiguous property. See the definition in this subsection (2) of the term Abutting property. Convalescent home. See the definition in this subsection (2) of the term Nursing home facility. Day nursery. See the definition in this subsection (2) of the term Child care center. Depth of a Jot. See the definition in this subsection (2) of the term Building lot or parcel measurement, depth. Design review committee (DRC) means a group of individuals that have the responsibility for enforcing the design review guidelines and procedures within an approved special development area. This committee has the authority and responsibility to review all exterior activities, including, but not limited to, construction, landscaping, new installations, modifications, alterations, repairs or reconstruction, and deviations from this division, as well as other sections of the land development code. The committee is selected by the developers, or by the homeowners' association once the developer is completely finished with build out of the special development area and consists of four to ten individuals with various areas of professional expertise relating to development and design. Drive-in bank or financial institution means a drive-in bank or financial institution which provides drive-in teller service, where the patron makes withdrawals or deposits, or receives other financial services without departing from his vehicle. Drive-in banking facilities may include pedestrian or vehicular automatic teller machines. Drive-in business means an establishment, other than a drive-in restaurant or refreshment stand, drive-in bank or financial institution, or drive-in theater, where a patron is provided products or services without departing from his automotive vehicle. Dwelling unit means rooms connected together, which could constitute a separate, independent housekeeping establishment for a family, for owner occupancy, or for rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing sleeping and sanitary facilities and one kitchen. Such term shall not include rooms in hotels, motels, boardinghouses, bed and breakfast facilities or institutional facilities. Dwelling unit types, duplex, means a single, freestanding, conventional building on a single lot, designed for two dwelling units under single ownership, or wherein each dwelling unit is separately owned or leased, but the lot is held under common ownership. Dwelling unit types, multiple-family building, means a group of three or more dwelling units within a single conventional building, attached side-by-side, or one above another, or both, and wherein each dwelling unit may be individually owned or leased, but the land on which the building is located is under common or single ownership. Dwelling units, other than 120 caretaker's quarters, which are included in a building, which also contains permitted commercial uses, shall also be deemed to be multiple-family dwelling units. Dwelling unit types, patio unit, means a single, freestanding, conventional building, designed for one dwelling unit and which could be used for occupancy by one family. Patio units are identified separately from single-family detached dwellings with conventional development standards in that, typically there is a reduction in the minimum lot area square feet or floor area, lot width and setbacks. (See Table A.) Dwelling unit types, single-family attached, means a single, freestanding, conventional building, designed as two dwelling units attached by a common wall or roof, but wherein each unit is located on a separate lot under separate ownership. Dwelling unit types, single-family detached, means a single, freestanding, conventional building, designed for one dwelling unit and which could be used for occupancy by one family. Dwelling unit types, townhouse, means a group of three or more dwelling units, attached to each other by a common wall or roof, wherein each unit has direct exterior access and no unit is located above each other, and each unit is completely separated from any other unit by a rated firewall or a fire and sound resistant enclosed separation or space, and wherein each dwelling unit is on a separate lot under separate ownership. Dwelling unit types, triplex, means a single, freestanding, conventional building on a single lot, designed for three dwelling units under single ownership, or wherein each dwelling unit is separately owned or leased, but the lot is held under common ownership. Dwelling unit types, zero Jot line, means a dwelling unit with at least one wall of a building on a side or a rear line of the lot on which it stands. Essential services means services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction. Family means all people occupying a single dwelling unit who are related by law, blood or marriage, and it shall also include four or less people who are not related by law, blood or marriage. Nothing in this definition shall preclude domestic servants from being housed on the premises. Such term shall not be construed to mean a fraternity, sorority, club, monastery, cult, covenant or institutional group. Floor area, gross, means the area within the inside perimeter of the exterior walls, with no deduction for corridors, stairs, closets, thickness of walls, columns or other features, exclusive of areas open and unobstructed to the sky. Frontage of a building. See the definition in this subsection (2) of the term Building lot or parcel frontage. Frontage of a Jot. See the definition in subsection (2) of the term Building lot or parcel frontage. Garage, parking, means a building, or portion thereof, designed or used for the temporary parking of motor vehicles. Gasoline dispensing system means a gasoline dispensing system which is card-operated, for governmental or commercial entities only, in accordance with the applicable National Fire Protection Association standards. Gateway Services Community Development District means a community development district (CDD) formed under F.S. ch. 190 to provide landscaping, parks and recreation, lighting, potable water, sanitary sewer, irrigation/reuse water, roads, drainage, etc. Such district has the responsibility to review plans of development that will be conveyed to the district for ownership and maintenance to ensure compliance with its criteria manual in accordance with its National Pollutant Discharge Elimination System (NPDES) permit from the Environmental Protection Agency (EPA) and South Florida Water Management District (SFWMD) permit. The criteria manual serves as the district's basis of review. 121 Geriatric outpatient clinic means a site for providing outpatient health care to persons 60 years of age or older, which is staffed by a registered nurse or a physician's assistant. Guesthouse or cottage means an accessory dwelling unit which might, or might not, include cooking facilities, which is incorporated, attached to, or detached from a principal dwelling, and which is used exclusively for the noncommercial accommodation of friends or relatives of the occupant or owner of the principal dwelling. Hospice means a centrally administered corporation, not for profit, as defined in F.S. ch. 617, providing a continuum of palliative and supportive care for terminally ill patients and their family, and includes hospice residential units which provide a homelike living facility, other than a facility licensed under other parts of F.S. ch. 400, or under F.S. ch. 395, that is operated by a hospice for the benefit of its patients and is considered by a patient who lives there to be his primary residence, and as this term may hereafter be defined under F.S. § 400.601. Hospital means a building or group of buildings having facilities for overnight care of one or more human patients, providing services to in-patients and medical care to the sick and injured, and which may include as related facilities, laboratories, out-patient services, training facilities, central service facilities and staff facilities; provided, however, that any related facility shall be incidental and subordinate to principal hospital use and operation. A hospital is an institutional facility within the terms of this division. Institutional facility means a hospital, assisted living facility, extended care facility, convalescent home, life care facility, rest home, home for the aged, adult foster home, children's home, rehabilitation center, licensed skilled nursing facility, and other uses which, in the opinion of the planning manager, or his designee, are consistent. Land preparation means any activity involving re-contouring of the land, including, but not limited to, clearing, sloping, grading, excavating, filling, road construction, utility installation, landscaping, and other similar activities. Loading space, off-street, means a space logically and conveniently located for pickups and/or deliveries or for loading and/or unloading. Long-term care facility means a skilled nursing facility, nursing facility, assisted living facility, adult facility care home, board and care facility or any other similar adult care center, or such other definition provided in F.S. ch. 400. Lot. See the definition in this subsection (2) of the term Building lot. Model home means a residential structure used for demonstration purposes or sales promotion, not occupied as a dwelling unit or contractor's office, and open to the public for inspection. Motor home means a vehicular unit built on a self-propelled motor vehicle chassis, primarily designed to provide temporary living quarters for recreational, camping, or travel use. Nursery, plant, means any lot, structure or premises used as an enterprise for the purpose of growing or keeping plants for sale or resale. Nursery school. See the definition in subsection (2) of this section of the term Child care center. Nursing home facility means any facility which provides nursing services as defined in F.S. ch. 464, pt. I, and which is licensed according to F.S. ch. 400, pt. II. Parcel. See the definition in this subsection (2) of the term Building parcel or site. Recreation, commercial, includes recreational facilities operated as a business, that may be open to the public. Such term includes, but is not limited to, art galleries, museums, amphitheaters, indoor model car racecourses, billiard or pool halls, coin-operated amusement establishments, dance halls, golf courses, miniature golf driving ranges, golf pitch and putt, pools, tennis courts, bowling alleys, gymnasiums, health clubs, racquetball, handball or squash courts, skating rinks, swimming pools and aquatic centers, and indoor theaters. 122 Restaurant means an establishment where food is ordered from a menu, and is prepared and served for pay primarily for consumption on the premises. This definition is not intended to preclude incidental food takeout service. Restaurant, drive-in or refreshment stand, means any place or premises where provision is made on the premises for the selling, dispensing, or serving of food, refreshments, or beverages in automobiles and/or in other than a completely enclosed building on the premises, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages in automobiles on the premises. A restaurant which provides drive-in facilities of any kind in connection with regular restaurant activities shall be deemed a drive-in restaurant for the purpose of this division. A barbecue stand or pit having the characteristics noted in this definition shall be deemed a drive-in restaurant. This definition shall not apply to any full service sit-down restaurant with outdoor seating. Restaurant, fast food, means an establishment where food is prepared and served to the customer in a ready-to-consume state for consumption either within the restaurant building, outside the building but on the same premises, or off the premises, and having any combination of two or more of the following characteristics: (1) A limited menu, usually posted on a sign rather than printed on individual sheets or booklets; (2) Self-service rather than table service by restaurant employees; (3) Disposable containers and utensils; or (4) A kitchen area in excess of 50 percent of the total floor area. A cafeteria or delicatessen shall not be deemed a fast food restaurant for the purpose of this division. Sales facility means a temporary facility in which real estate sales take place for the Pelican Preserve community. School, commercial, means a for profit educational facility. School, private, means an educational facility that meets academic standards as provided by the state. Self-service fuel pump service station means an establishment primarily for the purpose of retail selling of motor vehicle fuels. Ancillary sales may include some convenience commodities, such as tobacco or dairy products and auto washes. Site plan means the development plan for one or more lots, building lots, tracts or parcels, which depicts the existing and proposed conditions of the lot, and all of the other requirements set forth in subsection E below. Street, private, means a street that is maintained by the developer or the Gateway Services Community Development District. Street, public, means a street that is maintained by the city or any governing public body. Supermarket means a self-service retail market, which primarily sells food items, but also may sell household items, personal items and other merchandise. Such facility is generally, but not necessarily, part of a chain store system, which may exist as an individual structure or as an integrated structure within a shopping center. Tract means a designated area of land or property established by plat. Trailway means a minimum five-foot wide pathway constructed of either asphalt, concrete, or wood plank. Variance means a departure from the provisions of this chapter or from the city code (excluding building codes) relating to building and other structural setbacks, lot dimensions such as width, depth or area, structure or building height, open space, buffers, street setbacks, off­ street parking or loading requirements, building coverage, impervious areas, landscaping and similar type regulations, but not involving the actual use of the property, building or 123 structure, procedural requirements or definitions. A variance shall not be authorized which increases the allowable density of multifamily residential structures, or which increases the floor area ratio of commercial or industrial square footage. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the land use district or classifications. A variance may be granted when the approval of the variance is beneficial to the project or development and imposes no negative impact on surrounding development. No variance can be granted that would be detrimental to the public health and safety. Vehicle sale or rental includes, but is not limited to, the sale or rental of new or used automobiles, boats, buses, campers, mobile homes, motorcycles, trucks, vans and recreational vehicles or trailers, but excluding farm implements and heavy construction equipment. E. Development Review Procedures. 1. All developers or builders within Pelican Preserve Special Development Area must obtain building permits from the city. All applications for building permits must be on the standard city application and must include any necessary attachments. In order for a building permit application to be considered complete, it must include written documentation from the Pelican Preserve Design Review Committee, which demonstrates the fact that the builder or developer submitted an application to the Pelican Preserve Design Review Committee (and the Gateway Services Community Development District if the proposed improvements will be conveyed to the Gateway Services Community Development District for ownership) and received approval from them prior to submittal to the city. It is the responsibility of the Pelican Preserve Design Review Committee to provide evidence of when the Gateway Services Community Development District's approval is required. 2. The developer shall be required to file a preliminary subdivision plat, and record all final subdivision plats and subsequent replats prior to the development of property within the area designated as the Pelican Preserve Special Development Area in accordance with chapter 130. The construction of all or a portion of Treeline Avenue must be in accordance with county standards for arterial roadways. Treeline Avenue will be owned and maintained by the county. The following uses may be issued building permits prior to the completion of 50 percent of the dollar value of all site improvements (see the exception set forth in section 130-97): a. The construction of golf courses and water management facilities. b. Other site amenities, including clubhouses and guardhouses. c. The construction of model homes, provided the developer submits a covenant of unified control which also acknowledges the use of the model home is temporary. The certificate of occupancy shall note that the model home is for temporary use as a model only until such time as a final plat is recorded. F. General Standards. 1 . Surface water management. a. Construction, operation, and maintenance of the water management system shall be conducted by the developer, its successor or assigns, the Gateway Services Community Development District (created pursuant to F.S. ch. 190) or a property owner's association that would be responsible for the water management system. b. A surface water management system (South Florida Water Management District Permit No. 36-00678-S) has been designed and partially implemented for the Pelican Preserve community. This system incorporates the use of lakes, natural cypress areas, flow ways, swales, control structures, and spreader swales. The water management plan combines manmade and natural system features, such as natural 124 cypress strands and seasonal ponds, to provide the necessary surface water storage capacity for the community. 2. Private street design standards. Private streets shall be permitted and approved, provided they comply with the design standards of chapter 134, pertaining to traffic circulation and parking, except as follows: a. Traffic impact statement variation. A traffic impact statement {TIS) shall not be required for an approved development of regional impact. Individual parcels or site plan submittals within Pelican Preserve Special Development Area shall be required to submit traffic information as outlined in the Pelican Preserve Development of Regional Impact and shall be utilized to track the traffic impacts and mitigation requirements as provided for in the development of regional impact. b. Section 134.2.6.A, pavement width variation. Private roads located within a subdivision shall be allowed to have a minimum 40-foot right-of-way and 11-foot wide lanes. c. Section 134.2.10, cul-de-sac streets variation. Cul-de-sacs shall be a minimum pavement diameter of 72 feet for residential areas, with a minimum pavement width of 22 feet. The cul-de-sac shall be a minimum pavement diameter of 110 feet for commercial areas. The city will consider a reduction in the pavement diameter when stabilized surfaces and access points are provided or hammerhead turning facilities are installed. d. Section 134.2.14, curb-cut alignment variation. Where two local streets are proposed to be aligned, they shall be directly across from each other or separated by at least 125 feet center-to-center of the pavement. e. Section 134.2.15, number of access points variation. Residential corner lots on local streets shall be allowed to have a driveway separation of 50 feet between driveways. f. Section 134.2.16, frontage roads variation. The number of access points onto Colonial Boulevard were approved in the development order for Pelican Preserve and are reflected on Map H of the Pelican Preserve Development of Regional Impact development order. The number of access points will be limited to no more than one access point every 660 feet, or more, based on the layout of the development. Since the access points are limited, the site must be designed to ensure access. Therefore, a frontage road shall be provided along Colonial Boulevard, unless, through the administrative deviation process, the developer can provide an acceptable alternate plan for internal circulation in accordance with the provisions of section 134.2.12.A, pertaining to continuation of existing street patterns. g. Section 134.2.25, sidewalks/sidewalk ramps variation. The developer will provide an eight-foot asphalt or concrete sidewalk along Colonial Boulevard and a sidewalk on Treeline consistent with the cross section being built by the county. The developer will provide five-foot concrete sidewalks along both sides of the street for all collector roads. A five-foot sidewalk along one side of the road shall be provided for all local roads. Local cul-de-sac roads of less than 600 linear feet shall not be required to provide the sidewalk. A green space between one foot and ten feet shall be provided between the pavement edge and sidewalk. h. Section 134.2.27, street names/traffic control devices variation. All street signs and traffic control devices shall have a common architectural theme throughout the entire Pelican Preserve Special Development Area. The signage shall meet the safety requirements of the Manual of Uniform Control Devices, except as approved by the public works department director. 3. Public access. All public streets shall be constructed in accordance with the requirements of chapter 130, pertaining to subdivisions, and chapter 134, pertaining to traffic circulation 125 and parking. All publicly dedicated streets shall connect to, or be an extension of, an existing public street. 4. Agricultural uses. Nonconforming use of property within Pelican Preserve for agricultural purposes (including the grazing and housing of livestock) will be permitted to continue upon showing that such agricultural activity will not unreasonably interfere with the use and enjoyment of nearby residential structures and upon the submission of documentation which indicates that the agricultural use existed prior to the annexation of the property into the city. Nursery activity is permitted within Pelican Preserve Special Development Area for the propagation of vegetation and landscape material, which will be installed within Pelican Preserve. 5. Model units. Model units and/or sales facilities intended to promote the sale of the units within Pelican Preserve are a permitted use in all zoning districts. 6. Open space. a. Due to the large areas of open space (i.e., golf courses, lakes, conservation areas, recreation areas), a minimum of ten percent open space shall be provided on an individual lot basis, except that those parcels fronting on arterial roads or collector roads shall maintain a minimum of 25 percent open space. b. Pelican Preserve shall be required to provide 40 percent of the gross acreage (approximately 406± acres) as open space. The open space area may include golf courses, passive recreation areas, and/or bodies of water, including stormwater management areas. 7. Signage. a. Signage guidelines are to be in conformance with chapter 126, pertaining to signs, except as set forth herein. Variations may be approved as long as the variance is consistent with the administrative approval process set forth herein, and the written verification from the Pelican Preserve Design Review Committee. b. Pelican Preserve shall maintain an express set of signage guidelines for the community. c. The Pelican Preserve Design Review Committee shall review all signage proposals within Pelican Preserve to ascertain compliance with the signage guidelines for the community. d. All applications to the city for a sign permit shall include written verification from the Pelican Preserve Design Review Committee that a completed application for consideration of the signage proposal has been reviewed and approved by the Pelican Preserve Design Review Committee. e. Community signage is allowed at entrances and community property corners. All other criteria set forth in chapter 126 shall apply to signage. 8. Fences and walls. a. Fences and walls shall be treated as a structure for building permit purposes, and a permit shall be obtained prior to the erection thereof. b. All fences shall be of sound, sturdy construction and shall not detract from the surrounding area. c. Fences and walls on property may be of varying materials and colors, but shall be of internally compatible design. d. The terms "fence" and "wall" may be used interchangeably for purposes of this section. 126 e. The planning manager and parks manager, or public works department director may authorize the use of barbed wire in conjunction with chain link fencing where it is found to be necessary to provide security around hazards such as electrical substations, utility sites, water management structures, etc. f. Except as n;iay be otherwise permitted pursuant to a building parcel/building site plan approval, no wall or fence shall be erected or maintained within 25 feet from the corner intersection of a street right-of-way. g. No fence shall block the sight line of passing motorists so as to constitute a traffic hazard. h. Residential walls shall be limited to a height of eight feet from the average ground level, unless an increased height is permitted in accordance with the requirements below. i. Commercial or industrial walls shall be limited to a height of ten feet from average ground level, unless an increased height is permitted in accordance with the requirements below. j. Fences and walls for residential neighborhoods and/or commercial project fences may include architectural features such as columns, cupolas, fountains, parapets, etc., at a height not exceeding twice the fence or wall height. k. No increase in height for fences or walls may be approved unless the request received the prior approval of the Pelican Preserve Design Review Committee and is processed through the administrative deviation process. I. Fences used to enclose a tennis court or other sport activity area may exceed the height limitations set forth above. m. Fences involving agriculture purposes shall be exempt from these regulations. 9. Off-Street parking and loading requirements. a. The off-street parking and loading requirements shall be as set forth in chapter 134, article 3, pertaining to off-street parking and loading, as amended. b. In order to permit flexibility in design, innovative development and improved traffic circulation within the village center district and golf course clubhouse, golf cart parking spaces may be provided on-site, in lieu of vehicular parking spaces, at a calculation not to exceed 25 percent of the minimum off-street vehicular parking space requirements for such land uses. Golf cart parking spaces are not required to be paved, but shall be compacted, stabilized, well drained and surfaced with a durable grass cover. Golf cart parking shall be located on the same parcel they serve and be arranged for safe and convenient access. Minimum aisle widths for golf cart circulation shall be 12 feet for two-way traffic and six feet for one-way traffic, and the minimum size requirements for parking spaces shall be six feet by ten feet. Golf cart parking lots shall be developed separate and apart from off-street vehicular parking lots wherein no vehicular ingress or egress shall occur. G. Pelican Preserve Design Review Committee. 1. The Pelican Preserve Design Review Committee reviews all vertical and site development within Pelican Preserve Special Development Area pursuant to established design review guidelines. The Gateway Services Community Development District shall review all site development within Pelican Preserve Special Development Area pursuant to its criteria manual, if the proposed improvements will be conveyed to the Gateway Services Community Development District for ownership and maintenance. It is the responsibility of the Pelican Preserve Design Review Committee to provide evidence of when the Gateway Services Community Development District approval is required. 127 2. The design review committee will review and provide written verification of review and approval of all plans prior to the submission of a preliminary plat and building plans to the city. Five sets of plans shall be submitted to the Pelican Preserve Design Review Committee. The Pelican Preserve Design Review Committee will, upon completion of its review, grant approval, conditional approval or denial based on the plans and related information. When plans are approved, the plans will be stamped with the approval of the Pelican Preserve Design Review Committee, and signed and dated. Four sets of plans will be returned to the applicant to be used for submission to the city. If the approval from the Pelican Preserve Design Review Committee was a conditional approval, the plans will note the conditions, which will also be submitted to the city. 3. The Pelican Preserve Design Review Committee will review the plans and evaluate the following types of improvements: a. Building location. b. Street layout. c. Existing and proposed vegetation. d. Signage (permanent and temporary signage for builders/tradesmen). e. Grading and drainage. f. Paths and sidewalks. g. Exterior materials. h. Building height. i. Setbacks. j. Lighting. k. Type and location of accessory structures. I. Walls and fences. m. Such other items as are necessary to evaluate consistency with the design review guidelines of this division. 4. The Pelican Preserve Design Review Committee shall create a checklist that includes all of the above items. The Pelican Preserve Design Review Committee shall complete the checklist for every submittal for plat approval and development, and shall note on the checklist its findings and evaluation. A copy of the completed checklist shall be signed by the Pelican Preserve Design Review Committee and provided to the applicant for submission to the city. 5. The Pelican Preserve Special Development Area as set forth in this division provides for administrative deviation requests. All requests for administrative deviations shall be submitted to the Pelican Preserve Design Review Committee for their review and evaluation prior to submission to the city. The applicant must submit written documentation to the city that verifies the results of the Pelican Preserve Design Review Committee's review, and which explains that the request was considered by the Pelican Preserve Design Review Committee and their findings. H. Zoning districts. 1. Purpose and intent. The purpose of this section is to set forth the types of uses which may be permitted within each of the zoning districts designated on Map H of the Conceptual Master Plan. The proposed location and general development parameters shall be identified on Map Hof the Conceptual Master Plan. 2. Conservation Area District (CO}. 128 a. Purpose and intent. The Conservation Area District (CO) is intended to designate and protect from incompatible uses those areas determined to be environmentally sensitive or otherwise necessary for water management facilities. It is intended that these areas be utilized as water management areas and/or nature parks with limited recreational use. Water management areas and passive recreation areas can be located in any land use district and do not have to be designated as conservation areas. b. Permitted uses and structures. Permitted uses and structures in the CO district are as follows: 1) Aquatic and botanical research laboratories and facilities. 2) Boat docks. 3) Boating (limited to motors with 25 horsepower or less). 4) Community and cultural facilities which are compatible with this district. 5) Golf courses. 6) Nature trails, including boardwalks. 7) Paths and bridges to provide access for residents and minor maintenance equipment. 8) Roadway crossings and utility crossings where necessary. 9) Water management facilities. 10) Other similar uses when approved by the director. 3. Recreation/Golf Course District (RO). a. Purpose. The purpose of this district is to set forth the regulations for uses in, and development of, golf courses and related facilities within the development. b. Location. Although the approximate boundary of golf courses are identified on the conceptual master plan, it does not preclude portions of the courses, recreational areas or other courses from being identified subsequent to the conceptual master plan and reflected on the preliminary and final plats. c. Permitted uses and structures. Permitted uses and structures in the RO district include the following: 1) Clubhouses. 2) Cocktail lounges. 3) Equipment storage. 4) Gift shops. 5) Golf courses. 6) Golf equipment sales. 7) Golf learning centers. 8) Hotels. 9) Maintenance shops/buildings. 10) Motels. 11) Plant nurseries (noncommercial). 12) Pro shops. 129 13) Project information and real estate sales facilities. 14) Recreational and commercial. 15) Recreational facilities, including bike paths, driving ranges, handball courts, parks, putting greens, racquetball courts, swimming pools, tennis courts, and nature trails. 16) Recreational vehicle storage areas. 17) Restaurants. 18) Sales facilities. 19) Sporting goods sales. 20) Tennis equipment sales. 21) Water management facilities. 22) Other similar uses when approved by the planning manager. 4. Single-Family Residential Attached and Detached Districts (SF). Single-Family Residential use category is a permitted use in the areas depicted as Residential (R) on Map H, the Conceptual Master Plan. a. Purpose and intent. It is the intent of the single-family attached and detached district to recognize and provide for a variety of dwelling types commonly referred to as "single-family attached dwelling units," whether referred to as a "townhouse," "row house," "duplex," "triplex," "villa," "garden apartment," or any other name for similar type structures, as well as the conventional single-family detached dwelling unit, to also include patio and zero lot line units. b. Permitted uses and structures. Permitted uses and structures in the SF district include the following: 1) Assisted living facilities. 2) Community and cultural facilities. 3) Conservation and water management facilities. 4) Golf courses. 5) Guesthouses. 6) Home occupations (in accordance with the requirements set forth in the land development code). 7) Noncommercial boat launching facilities and docking areas not accessory to an individual residential structure. 8) Private facilities, such as utility stations and substations. 9) Private recreational clubs and facilities intended to serve the neighborhood (with consumption of alcoholic beverages on the premises) in which located, but not to include fraternal organizations and/or recreational clubs. 10) Public and private parks, playgrounds, play fields, and commonly owned open space. 11) Recreational vehicle areas restricted to a maximum number of 40 sites. 12) Sales facilities. 13) Single-family attached. 14) Single-family detached. 130 15) Any other principal use or accessory use which is compatible in nature with the foregoing uses and which the director determines to be similar and/or compatible with the residential district, including but not limited to: a) Private garages, carports and parking areas; b) Private swimming pools and enclosures; c) Private tennis courts; d) Fences and walls; e) Private boat docks accessory to the residence served. c. Residential District Regulations. (See Table A below.) 5. Multi-Family District (MF). Multi-Family District is a permitted use in the areas depicted as Residential (R) on Map H, the Conceptual Master Plan. a. Purpose and intent. It is the intent and purpose of this subsection to set forth the regulations for development of tracts, parcels or lots as multiple-family uses. b. Permitted uses and structures. Permitted uses and structures in the MF district include the following: 1) Any use or structure permitted in the single-family residential attached and detached district (SF). 2) Hotels. 3) Motels. 4) Multifamily. 5) Any other principal use or accessory use which is compatible in nature with the foregoing uses and which the director determines to be similar and/or compatible with the residential district, including, but not limited to: a) Private garages, carports and parking areas; b} Private swimming pools and enclosures; c) Private tennis courts; d) Fences and walls; e) Private boat docks accessory to the residence served. c. Residential district regulations. (See Table A below.) Table A: Residential Districts Regulations (SF and MF) ~------~----------- Single-Family Detached District Permitted Uses and Single-Family Patio and Zero Lot Standards Detached Line r-Category 1 j 2 Single-Family Attached Multi-Family I Single-Family J Two-Family Multi-family Attached, Triplex and and Duplex Dwellings, ALFs Townhouse ~J 3 4 5 I 131 Minimum lot are~ 6,500 SF I 4,000SF 2,500 SF *3 2,500 SF I 20,00:J I ,-- Minimum lot width *4 50 30 35 30 100 -r- I I 20 ~ 0 r Front yard *1 *2 20 20 20 I Front yard for angled and side 15 10 10 10 15 I entry garage I Side yard *1 5 *5 7.5 0.5 BH 0.5 BH J Rear yard principal 20 10 15 15 0.5 BH I - Rear yard accessory 10 5 10 10 I 15 --- Rear yard special T 10 5 I 10 I 10 I 0.5 BH Maximum building 35 35 35 35 1 -=J height -I Floor area (min.) 1,400 SF 600SF 600 SF 600SF 500 SF (SF) I Building coverage 45% 45% 45% 45% 45% (max.) NOTES: BH: Building height. SBH: (Sum of building heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. All distances are in feet unless otherwise noted. *1. Reduced setbacks with approval from Pelican Preserve Design Review Committee for side and rear yards for principal structures on lots which abut lake, open space, or reserve areas. With approval from Pelican Preserve Design Review Committee, front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road, setback is measured from the access easement. 132 *2. Dwellings which provide for two parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to 12 feet for the garage and 15 feet for the remaining structures. *3. Each half of a duplex unit requires a lot area allocation of 2,500 square feet for a total minimum lot area of 5,000 square feet. *4. Minimum lot width may be reduced by 20 percent for cul-de-sac lots, provided the minimum lot area requirement is still maintained. *5. Zero feet or a minimum of five feet on either side, except that where the zero-foot yard option is utilized, the opposite side of the structure shall have a ten-foot yard. Zero-foot yards may be used on both sides of a structure, provided that the opposite ten-foot yard is provided. *6. Setbacks measured to the nearest point of the building, and not including windows, shutters, overhangs and awnings. *7. Building height for assisted living facilities only may be ten stories over parking. 6. Village Center Commercial District (VC). a. Purpose and intent. The purpose of the village center commercial district (VC) is to set forth regulations for hotels, offices, retail, multifamily residences and certain commercial facilities serving the traveling public, city residents and the greater county area. b. Permitted uses and structures. Permitted uses and structures in the VC district include the following: 1) Adult day care centers. 2) Apparel shops, including, but not limited to, clothing, hats, jewelry, shoes and other customary clothing accessories. 3) Assisted living facilities. 4) Auto service stations, minor repairs. 5) Banks and financial institutions, drive-in facilities and automated teller machines (ATM). 6) Botanical and zoological gardens. 7) Child care centers. 8) Churches. 9) Clubs, private. 10) Cocktail lounges or bars. 11) Commercial centers. 12) Commercial, recreational uses. 13) Community facilities. 14) Conference centers. 15) Conservation and water management facilities. 16) Cultural centers. 17) Department stores. 18) Drug stores. 19) Food stores. 133 20) Golf courses, and related uses. 21) Health care clinics, including, but not limited to, medical, dental, optical, chiropractic, and osteopathic, plus related facilities, such as blood banks and organ donor facilities. 22) Hotels and motels. 23) Longterm care facilities. 24) Medical offices. 25) Multiple-family dwelling units. 26) Nightclubs. 27) Nursing homes. 28) Offices, business and/or professional. 29) Package stores. 30) Parking garages, public or private. 31) Personal services including, but not limited to, barbershops, beauty salons, health spas, laundry and dry cleaning pickup establishments, self-service laundries and the like. 32) Public and private parks and commonly owned open space. 33) Recreation facilities, indoor and outdoor, commercial. 34) Restaurants, including fast food and refreshment stands. Consumption of alcoholic beverages on the premises shall be permitted in accordance with the requirements of the land development code. 35) Schools, private or commercial. 36) Self-service fuel pump service stations. 37) Signs. 38) Specialty shops, including but not limited to, antique and curio shops, arts, craft and hobby shops, bait and tackle shops, bicycle rentals, bookstores, florists, gift and souvenir shops, newsstands, novelty shops, stationery shops and other similar retail sales or service shops. 39) Studios for artists, photography, interior decorating and similar uses. 40) Supermarkets. 41) Theaters (indoor as well as outdoor amphitheaters). 42) Other uses. The director may approve any other commercial or professional service which is comparable and compatible with the stated purpose and intent of this district. c. Prohibited uses. These uses are expressly prohibited in all commercial, business, office or similar districts: 1) Adult entertainment establishments. 2) Automobile wrecking or automobile wrecking yards. 3) Bottle clubs. 4) Drive-in theaters. d. Development regulations. (See Table B below.) 134 e. Exceptions. In order to permit maximum flexibility in designing and planning for an innovative development within the village center commercial district, the developer shall have broad powers to reduce, eliminate, or adjust parcel boundary line setbacks and minimum distances between buildings specified in Table B, provided that: 1) All building and fire code requirements are met. 2) The planning manager with the consent of the planning manager and public works department director, determines that the reduction, elimination or adjustment does not negatively impact the public health and safety. 3) If the developer disputes the finding of the planning manager, the developer has the right to appeal the decision of the planning manager on all fire and life safety issues to the fire and building board of appeals, pursuant to the procedure set forth in the land development code. 7. General Commercial District (C). a. Purpose and intent. The purpose of the general commercial district (C) is to set forth regulations for hotels, offices, retail and certain commercial facilities serving the traveling public, city residents and the greater county area. b. Permitted uses and structures. Permitted uses and structures in the (C) district include the following: 1) Adult day care centers. 2) Apparel shops, including, but not limited to, clothing, hats, jewelry, shoes, and other customary clothing accessories. 3) Assisted living facilities. 4) Auto service stations, minor repairs. 5) Banks and financial institutions, drive-in and automated teller machine (ATM) facilities. 6) Botanical and zoological gardens. 7) Car washes. 8) Child care centers. 9) Churches. 1 O) Clubs, private. 11) Cocktail lounges or bars. 12) Commercial centers. 13) Commercial, recreational uses. 14) Community facilities. 15) Conservation and water management facilities. 16) Department stores. 17) Drug stores. 18) Food stores. 19) Funeral homes and mortuaries. 20) Garden or lawn supplies and equipment (outdoor display permitted). 21) Geriatric outpatient clinics. 135 22) Golf courses, and related uses. 23) Golf cart sales and service. 24) Hardware, paint, floor and wall coverings. 25) Health clinics, including, but not limited to, medical, dental, optical, chiropractic, and osteopathic, plus related facilities, such as blood banks and organ donor facilities. 26) Home appliance, furniture, furnishings and supplies. 27) Hospitals. 28) Hotels and motels. 29) Institutional facilities. 30) Kennels. 31) Longterm care facilities. 32) Medical offices. 33) Nursing homes. 34) Offices, business and/or professional. 35) Package stores, with no on-site consumption. 36) Parking garages, public or private. 37) Personal services, including, but not limited to, barbershops, beauty salons, health spas, laundry and dry cleaning pickup establishments, self-service laundries, and the like. 38) Pet stores, including pet grooming, but not boarding, provided all activities are conducted totally within an enclosed building with no outside runs. 39) Public and private parks and commonly owned open space . 40) Recreation facilities, indoor only, including, but not limited to, arcades, bowling alleys, game rooms, and theaters. 41) Repair services, including, but not limited to, small electrical appliances, radio, television and electronic equipment, bicycles and other household furnishings, but excluding the repair of gasoline or diesel engines . 42) Restaurants, including fast food and refreshment stands. Consumption of alcoholic beverages on the premises shall be permitted in accordance with the requirements of the land development code. 43) Sales facilities. 44) Self-service fuel pump service stations. 45) Schools, private or commercial. 46) Signs. 47) Specialty shops, including, but not limited to, antique and curio shops, arts, craft and hobby shops, auto and boat parts (new or used), bait and tackle shops, bicycle sales, rental and repair , bookstores, butchers, florists, gift and souvenir shops, music shops, newsstands, novelty shops, optical shops, stationery shops, sporting goods stores, tobacco shops, and other similar retail sales or service shops. 136 ------ 48) Studios for artists (no towers), dancing or music instruction in completely enclosed, soundproofed buildings, interior decorating, photography, and the like. 49) Supermarkets. 50) Theaters, indoor. 51) Vehicle sales, and rentals. 52) Veterinarians. 53) Accessory uses and structures customarily associated with the uses permitted in this district. 54) Any other principal use which is compatible in nature with the foregoing uses and which the director determines to be similar and/or compatible with the general commercial district. c. Prohibited uses. These uses are expressly prohibited in the general commercial district (C): 1) Adult entertainment establishments. 2) Automobile wrecking or automobile wrecking yards. 3) Bottle clubs. 4) Drive-in theaters. d. Commercial district regulations. (See Table B below.) Table B: Commercial District Regulations ' General Commercial Village Center J - Minimum area 10,000 square feet 20,000 square feet Minimum width (feet) 100 so Minimum depth (feet) 150 100 I Collector/arterial setback SO, plus 1 feet for every 2 feet over J so, plus 1 feet for eve~ 2 feet over (feet) 50 feet 50 feet I Local/private street setback 20 20 (feet) r Parcel boundary setback 25, plus 1 feet for every 2 feet over 25, plus 1 feet for every 2 feet over j (feet) 35 25 r-- Minimum floor area (square 1,000 1,000 feet) I 137 --- I .---M_a_x_im_u_m_h_e_i-gh_t _______ 10 stories ----~-----5-s_t_o_ri -es _ _J Building coverage (max.) 50% 50% 8. Landscaping. a. In general. This section supersedes the requirements in chapter 138, pertaining to vegetation, except for section 138-72, pertaining to street tree requirements; section 138-76, pertaining to prohibited, nuisance trees; section 138-77, pertaining to standards for removal and replacement; section 138-79, pertaining to emergencies; section 138-81, pertaining to violations and penalties; section 138-101, pertaining to required permits; section 138-102, pertaining to exemptions; section 138-103, pertaining to application and submission requirements; section 138-104, pertaining to site plan; section 138-105, pertaining to criteria for issuance; section 138-106, pertaining to appeal and variance from denial; section 138-107, pertaining to duration; and section 138-82, pertaining to lethal yellowing disease. b. Minimum requirements. The following are the minimum landscape requirements for the various land uses, including the minimum number of trees and shrubs: Minimum Landscaping Requirements Canopy Type Plants Land Use Single-family lots I 0.7 per 4,000 square feet 0.7 per 4,000 square feet, with 25% located Single-family corner lots within the required street side yard Multifamily lots 0.5 per 4,000 square feet Multifamily corner lots Commercial/hotel/ ALF Commercial/hotel/ ALF corner lots 0.5 per 4,000 square - - 0.2 per 4,000 square Ii per 4,000 square feet, feet, with 25% located feet, with 25% located with 25% located within within the required within the required the required street side street side yard street side yard yard I I 0.4 per 4,000 square feet I 0.1 per 4,000 square feet 2 per 4,000 square feet I 2 per 4,000 square foot, I feet, with 25% located foot, with 25% located 0.4 per 4,000 square 0.1 per 4,000 square with 25% located within within the required within the required the required street side Sub-Canopy Type Plants Shrubs 0.4 per 4,000 square feet I 5 per 4,000 square feet 0.4 per 4,000 square 1 s per 4,000 square feet, feet, with 25% located with 25% located within within the required the required street side street side yard yard I 0.2 per 4,000 square feet 2 per 4,000 square feet I 138 - - street side yard street side yard yard *See Pelican Preserve Special Development Area landscape palette at the end of this section for plant specifications. c. Lawns. Lawns shall be placed on all areas not covered by principal and accessory structures, walks and drives, and landscaped areas. Landscaped areas can include trees and shrubs. Lawns shall extend to any abutting street pavement edge and to the mean water line of any abutting canal, lake or waterway (not to exceed 30 feet from said water line to property line) where the slope does not exceed two to one. No lawn area shall be constructed with more than ten percent of the total area of gravel, stone, concrete, asphalt, or other similar material, except necessary walks and drives. d. Minimum perimeter landscaping and buffer yards. 1) In general. A landscape buffer yard shall be required along the entire perimeter of the proposed development whenever the development use abuts a different existing or permitted use. (See Pelican Preserve Special Development Area landscape palette, Table C.) These requirements are in addition to the minimum landscaping requirements identified above. 2) Land use abbreviations. Land use abbreviations are as follows: SFD Single-family detached SFA Single-family attached MF Multifamily COM Commercial use RVP Recreation vehicle park ROW Any street right-of-way or easement 3) Types of landscape buffer yards. The types of landscape buffer yards include the following: ,------------,--- A B D C E F I -I l r r--- Minimum width 10' 20' 25' 30' 10' 10' I Trees required (*)(**) 3 5 5 3 3 I Shrubs required (*) 12 24 28 15 30 T 15 l I i (Type E buffer: berm and wall= 3' or 3' wall) Berm required (Type F buffer: berm and wall 6' or 6' wall) 139 (*) Required number of trees and shrubs per 100 linear feet. (**) See canopy type plant or sub-canopy type plants for tree selection. 4) Required buffer yards at abutting uses. The required buffer yards at abutting uses include the following: SFD SFA MF COM RVP j I ' I I I SFD A B C ~ -T · T SFA MF A * * I B C I A A * B C - COM B B B * B I I I I *_J RVP C C C B Parking F F F E E 7 * No buffer is required 5) Exceptions and modifications. In the event a proposed development abuts an existing development, which has provided more than the minimum required landscape buffer yard in accordance with the above, the proposed development shall only be required to provide additional sufficient width and landscaping to meet the minimum required buffer yard width for abutting uses. In some cases, no additional buffer may be required. 6) Landscape buffer yards adjacent to rights-of-way. All proposed developments or neighborhoods shall provide buffer yards as follows: a) Adjacent arterial or collector streets. Type Buffer r 1. Residential I 2. Commercial (general or village) I --- Recreational vehicle park 3. T 4. Off-street parking areas adjacent to nonresidential B A C I 140 _s_._,_r _________ o_ff_-s_tr_e_e_t _p_a_rk-in_g_ar_e_a_a_d_ja_c_e_n_t _to-res-id_e_ntial ________ ___,_I_F......,I The requirements for residential may be changed to type A landscape yard, if a perimeter wall or fence is constructed. b) Adjacent local streets. Individual residential lots shall not be required to provide a landscape buffer yard. 7) Sight distance for landscaping adjacent to street right-of-way intersection. a) When a street or driveway intersects a public right-of-way, or when the subject property abuts the intersection of two or more public rights-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between two feet and nine feet so as not to create a traffic hazard, except limbs and foliage shall be trimmed in such a manner that no limbs or foliage extend into the cross-visibility area. b) For the purposes of subsection (7) of this section, the term "triangular area" means that area formed by the intersection of two streets or streets and a commercial driveway with a 45 degree line extended from the pavement radius point of each intersecting street or commercial driveway. 8) Required interior landscaping for off-street parking. a) Interior landscaped areas shall equal or exceed a minimum of eight percent of the total paved surface area. b} Each separated landscaped area shall contain a minimum of 200 square feet and no dimension shall be less than three feet and shall include at least one tree, with the remaining area landscaped with shrubs, ground cover or other authorized landscaping material not to exceed three feet in height. c) Each landscaped area shall contain at least one tree. One tree shall be located for every 30 lineal feet of landscaped area or portion thereof, or with at least one tree per 200 square feet of landscaped area d) Landscaped islands shall be used to subdivide parking areas into parking bays of not over 40 spaces per bay. No more than 20 spaces shall occur in an uninterrupted right-of-way. 9) Street tree requirements. a) Treeline Avenue and Pelican Preserve Boulevard shall be planted with live oaks at a spacing of 50 feet apart, with a minimum size at planting of eight feet high, with a two-inch caliper at six inches from the base of the trunk. All other planting specifications along Treeline Avenue and Pelican Preserve Boulevard shall comply with section 138-72. b} Listed below and on the following pages is the recommended Pelican Preserve Special Development area landscape plant palette with minimum sizes. Plant species must be indicated on the landscape plan and submitted for review. Table C: Pelican Preserve Special Development Area Landscape Palette Chart-Specifications 141 Canopy Type Plants* _J Common Name Botanical Name Acer rubrum Red Maple _J . -· I I I Pinus elliottii "densa" Slash Pine *Quercus virginiana Live Oak *Quercus laurifolia Laurel Oak r-- Sycamore Ulmus American "floridana" Plata nus occidentalis Florida Elm Keolreuteria elegans Golden Raintree r-- Cabbage Palm *Syagrus romanzoffiana Queen Palm *Sabal palmetto I I Washingtonia robusta Washington Palm *Magnolia grandiflora Southern Magnolia Peltophorum pterocarpum Yellow Poinciana Jacaranda mimosifolia Jacaranda Girdonia lasianthus I Loblolly Bay _J I Southern Red Cedar Juniperus silicicola l I Sweetgum Liquidambar styraciflua Magnolia virginiana Sweet Bay 142 - - -- ---- * All plant material shall be Florida Fancy or Florida Grade No. 1 as defined in the Grades and Standards for Nursery Plants, State Plant Board of Florida. * Minimum size at planting is 12 feet, with a two-inch caliper. Sub-Canopy Type Plants* - Botanical Name Common Name Podocarpus macrophyllus Japanese Yew ' Nerium oleander Oleander ,------ Wax Myrtle Myrica cerifera I Callistemon spp. Bottle Brush I --- Ligustrum Ligustrum spp. Cattley Guava Psidium littorale Crape Myrtle Lagerstroemia indica Myrsine Myrsine guianensis j Burford Holly llex cornuta "burfordii" I llex cassine Dahoon Holly r l _J llex opaca "East Palatka" East Palatka Holly Podocarpus gracilior T Weeping Podocarpus * All plant material shall be Florida Fancy or Florida Grade No. 1 as defined in the Grades and Standards for Nursery Plants, State Plant Board of Florida. * Minimum required height installation is eight feet. Shrubs* 143 Botanical Name Common Name I Ligustrum spp. Ligustrum I I Pittosporum tobira Pittosporum I --' Philodendron selloum Green Split Leaf Philodendron -I ' Schefflera arboricola Dwarf Schefflera I lxora coccinea "Nora Grant" Nora Grant lxora Lagerstroemia indica Crape Myrtle Podocarpus macrophylla Japanese Yew I Dracaena spp. Dracaena Syzgium paniculata "compacta" Eugenia -J -r I Myrica cerifera Wax Myrtle Pyrancantha coccinea Fire Thorn Nerium oleander "Petite Pink" Dwarf Oleander llex glabra Gallberry Myrsine guianensis Myrsine J Tripsacum dactylodies Fakahatchee Grass Viburnum odoratissimum Sweet Viburnum Viburnum suspensum Sandankwa Viburnum Eleagnus pungens Silverthorn T Leucophyllum frutescens Texas Sage 144 ------- -------- r·-- Murraya paniculata Orange Jasmine I llex cornuta Dwarf Burford Holly I r Serenoa repens Saw Palmetto l * All plant material shall be Florida Fancy or Florida Grade No. 1 as defined in the Grades and Standards for Nursery Plants, State Plant Board of Florida. * Minimum height is 18-24 inches; minimum spacing is 24-36 inches on center; and minimum size is three gallons. Buffering Materials * Recommended plant material for buffering undesirable views (i.e., air conditioning units, pool equipment, trash, storage, etc.), must be dense enough and in sufficient quantity at the time of planting to adequately screen the view of equipment, trash, storage, etc. The required minimum height of this plant material is four feet upon installation. Botanical Name Common Name I I Myrica cerifera Wax Myrtle I Viburnum Viburnum spp. Podocarpus macrophylla Podocarpus ___ J ,-- Ligustrum spp. ~~ustrum __ _J Syzgium paniculata Brush Cherry I * Plant materials not included on the above list shall receive consideration on an individual basis. All plant material submitted for consideration must meet required minimums for sizing and spacing. All plant material shall be Florida Fancy or Florida Grade No. 1 as defined in the Grades and Standards for Nursery Plants, State Plant Board of Florida. I. Administrative deviations. 1. The Pelican Preserve Special Development Area as set forth in this division provides for administrative deviation requests . All requests for administrative deviations shall be 145 submitted to the Pelican Preserve Design Review Committee for their review and evaluation prior to submission to the city. The applicant must submit to the city a copy of the Pelican Preserve Design Review Committee's review, which shall explain what was considered by the Pelican Preserve Design Review Committee and their findings from this division. 2. Deviations from the provisions of this division may be administratively approved by the planning manager, with the consent of the public works department director. 3. Administrative deviations shall be granted only when the planning manager and public works department director find that the following criteria have been met: a. The alternative is no less consistent with the health, safety and welfare of the abutting landowners and the general public than the standard from which the deviation is being requested. b. Special conditions may be attached to the approval of the administrative deviation to address unique aspects of the parcel to protect a bona fide public interest. The objective of administrative deviation is to provide design flexibility in community development. c. An application for administrative deviation shall include documentation, which demonstrates how the administrative deviation will provide to the benefit of, or at least not to the detriment of, the public interest, and how the deviation provides for good planning and design flexibility. d. The administrative deviation does not increase density or intensity (i.e., number of dwelling units or quantity of commercial or industrial floor area), or decrease buffers or open space. 4. The planning manager, with the consent of the public works department director, must issue a written approval, denial, or approval with conditions. The approval, approval with conditions, or denial must clearly identify the action requested by the applicant and the basis of the final administrative action of the city. If the planning manager, with input from the public works department director, denies the administrative deviation, this does not preclude the applicant from submitting a variance application in accordance with the land development code or filing an appeal of administrative action. All deviations, or variance requests from other requirements of the land development code (other than this division) must follow the procedures identified in the land development code. 118.6.3 -Forum Special Development Area. A Purpose and intent. It is the purpose of this division to improve and protect the public health, safety and welfare by pursuing the following objectives: 1. Encourage innovation in community development. 2. Foster the safe, efficient, and economic use of the land and public facilities and services. 3. Facilitate the provision of adequate public services, such as transportation, water, sewerage, drainage, electricity, open space and parks. 4. Encourage patterns of land use which decrease trip length of automobile travel and encourage trip consolidation. 5. Improve the design, quality and character of new development. 6. Foster a more functional pattern of relationships between residential, office, commercial and recreational land uses. 146 7. Set forth the standards and guidelines for the future development of the Forum Special Development Area. B. Interpretation. 1. The provisions herein apply to the development of land within the property designated as the Forum Special Development Area located within the city. The requirements of the city's land development code shall apply if this division does not otherwise address the area of regulation, as it may be amended. 2. The interpretation and application of the Forum Special Development Area will be reasonably and uniformly applied to all property within the city that is designated as the Forum Special Development Area. C . Conceptual master plan. 1. The conceptual master plan is for those lands described as follows: THEFORUM IN SECTIONS 22, 26 AND 27, TOWNSHIP 44 SOUTH, RANGE 25 EAST, CITY OF FORT MYERS, LEE COUNTY, FLORIDA PARCEL A All that part of Section 22, Township 44 South, Range 25 East, lying southwesterly of lmmokalee Road (SR 82) and easterly and southerly of Interstate 75 (SR 93); and all that part of the west half of the northwest quarter of Section 26, Township 44 South, Range 25 East, lying northwesterly of Six Mile Cypress as described in the deed recorded in the Official Record Book 1608 at Page 24 and northwesterly of Audubon Tract as described in the Official Record Book 1119 at Page 1031, of the county records; and all that part of Section 27, Township 44 South, Range 25 East, lying easterly of Interstate 75 (SR 93), northerly of Colonial Boulevard (SR 884) and northerly and northwesterly of Six Mile Cypress as described in the deed recorded in the Official Record Book 1608 at Page 24, of the county records, and containing 706.3 acres, more or less. 2. The development plan for those lands submitted as the Forum Special Development Area will generally follow the pattern of land uses as depicted on the conceptual master plan for the Forum Special Development Area as shown on Map H on file in the city clerk's office. The specific location of uses may be amended, switched, shifted or changed with administrative approval by the planning manager and public works director, as long as the total number of dwelling units and/or retail, office or industrial square footage designated on Map H, on file in the city clerk's office, the approved master concept plan attached, is not increased and is consistent with Resolution No. 2006-37, the development order for the Forum Development of Regional Impact (ORI}. Parcel lines and land use parameter acreage are shown for the general purpose of depicting development areas and use intensities; however, they can be changed by the developer during the platting process. D. Definitions. Except as specifically defined herein, words contained in this division shall be defined by Chapter 142. Design review committee means a group of individuals who have the responsibility for enforcing the design review guidelines and procedures within the Forum Special Development Area. This committee has the authority and responsibility to review all exterior activities, including, but not limited to, construction, landscaping, new installations, modifications, alterations, repairs or reconstruction, and deviations from this division, as well as other sections of the land development code. The committee is selected by the developers, or by the property owners' association once the developer is completely finished with build out of the Forum Special 147 Development Area, and shall consist of fourto ten individuals with various areas of professional expertise relating to construction and design. Site plan means the development plan for one or more lots, building lots, tracts or parcels, which depicts the existing and proposed conditions of the lots, tracts and/or parcels and any other requirements set forth in the land development code for development permits. E. Forum design review committee. 1. All developers or builders within the Forum Special Development Area must obtain site development approval and building permits from the city. All applications for site development approval and building permits must be on the standard city applications and must include all necessary attachments. In order for site development approval and/or building permit applications to be considered complete, they must include written documentation from the Forum Design Review Committee that demonstrates the fact that the builder or developer submitted the application for review and received approval from the Forum Design Review Committee. 2. The Forum Design Review Committee shall review all vertical and site development within the Forum Special Development Area pursuant to the land development code. 3. The Forum Design Review Committee will review and provide written verification of review and approval of all site development and building plans prior to the submission of a preliminary plat and/or building permit application to the city. Ten sets of plans shall be submitted to the Forum Design Review Committee. The Forum Design Review Committee will, upon completion of its review, grant approval, conditional approval or denial based on the plans and related information. When plans are approved, the plans will be stamped with the approval of the Forum Design Review Committee, and signed and dated. The Forum Design Review Committee will return five sets of plans to the applicant to be used for submission to the city. If the approval from the Forum Design Review Committee was a conditional approval, the plans will note the conditions, which will also be submitted to city. 4. The Forum Design Review Committee will review all site plans and building plans for evaluation of the following types of improvements: a. Building location. b. Street layout. c. Existing and proposed vegetation. d. Signage (permanent and temporary signage for builders/tradesmen) (see exhibit A, the Signage Plan for the Forum, on file in the city clerk's office, for signage specifications). e . Grading and drainage. f. Sidewalks and bike paths. g. Exterior building materials . h . Building height. i. Building setbacks. j. Lighting. k. Type and location of accessory structures. I. Walls and fences. 5. The Forum Design Review Committee shall create a checklist that includes all of the above items. The Forum Design Review Committee shall complete the checklist for every site plan, plat, building permit and development permit submittal, and shall note on the checklist its findings and evaluation. A copy of the completed checklist shall be signed by 148 the Forum Design Review Committee and provided to the applicant for submission to the city. F Supplemental regulations. 1. Signage. Sign guidelines are to be in conformance with exhibit A, the Signage Plan for the Forum, dated April 2004, which is on file in the city clerk's office. Any signage specification not addressed by the Signage Plan for the Forum shall be subject to the signage requirements set forth in chapter 126. All applications to the city for a sign permit shall include written verification from the Forum Design Review Committee that a completed application for consideration of the signage proposal has been reviewed and approved by the Forum Design Review Committee. 2. Model units and/or sales facilities. Model units and/or sales facilities to promote the sale of the units within the Forum are a permitted use in mixed use district one (MU-1), mixed use district two (MU-2) and mixed use district three (MU-3). 3. Open space requirements. The Forum Special Development Area shall follow the open space requirements identified in exhibit B on file in the city clerk's office. 4. Sign fee. The developer agrees to pay an amount not to exceed $1,000 .00 per foot of the sign over 50 feet for each of the two signs, to be paid at the time of sign permitting. Said funds shall be held in escrow for landscaping along Colonial Boulevard east of 1-75 and along SR 82 east of 1-75, for installation within the right-of-way between the pavement edge and the forum property lines or within the medians, with preference given to the right­ of-way landscaping. Landscaping provided shall be consistent with the landscape guidelines of the forum and approved by the Forum Design Review Committee. The funds provided will be used after widening of SR 82 and Colonial Boulevard. G. Zoning districts. 1. Purpose and intent. The purpose of this section is to set forth the types of uses which may be permitted within each of the zoning districts designated on the conceptual master plan map A, on file in the city clerk's office. The general location and development parameters for each district are identified on the conceptual master plan map A. 2. Mixed Use District One (MU-1). a. Purpose and intent. The purpose of the mixed use district one (MU-1) is to set forth the general locations for uses within the Forum Special Development Area where retail, office, hotel and certain commercial facilities serving the interstate traveling public can exist together, in unison, and complement one another through well planned site design techniques and safe, efficient and economical use of land and public facilities. b. Permitted uses and structures. Permitted uses and structures in the MU-1 district include any use permitted in the professional office district (PO), the commercial general district (CG) and/or the commercial intensive district (Cl). c. Property development regulations. The minimum lot size, building coverage, building height, front yard, side yard, and rear yard within the mixed use district one (MU-1) shall be no less than the minimums required by section 118.2.2. 3. Mixed Use District Two (MU-2). a. Purpose and intent. The purpose and intent of the mixed use district two (MU-2) is to set forth the general locations for uses within the Forum Special Development Area where retail, office, hotel, industrial, and certain commercial facilities serving the interstate traveling public can exist together, in unison, and complement one another through well planned site design techniques and safe, efficient and economical use of land and public facilities. Additionally, measures shall be employed to mitigate any 149 potential impacts from industrial land uses to the surrounding area, such as use extensive landscaping and/or sightproof enclosures. b. Permitted uses and structures. Any use permitted in the professional office district (PO), the commercial general district (CG), the commercial intensive (Cl), and/or the light industrial district (IL) shall be permitted in the MU-2 district. c. Property development regulations. The minimum lot size, building coverage, building height, front yard, side yard, and rear yard within the mixed use district two (MU-2) shall be no less than the minimums required by sections 118.2.2. 4. Mixed Use District Three (MU-3). a. Purpose and intent. The purpose and intent of the mixed use district three (MU-3) is to set forth the general location of uses within the Forum Special Development Area where retail, office, hotel, residential and certain commercial facilities serving the interstate traveling public can exist together, in unison, and complement one another through well planned site design techniques and safe, efficient and economical use of land and public facilities. Additionally, measures shall be employed to mitigate any potential impacts from commercial and/or office land uses to the surrounding residential area, such as use extensive landscaping and/or sightproof enclosures . b. Permitted uses and structures. Any use permitted in the residential high density multifamily district (RM-16), the professional office district (PO), the commercial general district (CG) and/or the commercial intensive district (Cl) shall be permitted in the MU-3 district. c. Property development regulations. The minimum lot size, building coverage, building height, front yard, side yard, and rear yard for retail, office or hotel uses within the mixed use district three (MU-3) shall be no less than the minimums required by sections 118.2.2. The minimum lot size, building coverage, building height, front yard, side yard , rear yard , waterfront yard and living area for residential uses within the mixed use district three (MU-3) shall be no less than the minimums required by section 118.2.1 for the residential district RM-16. H. Administrative deviations. 1. The Forum Special Development Area as set forth in this division provides for administrative deviations. All requests for administrative deviations shall be submitted to the Forum Design Review Committee for their review, evaluation and recommendation prior to submission to the city. The applicant must submit to the city a copy of the Forum Design Review Committee's recommendation, which shall explain what the committee considered in reaching its recommendation. 2. Deviations from the provisions of this division may be approved administratively by the director, with the consent of the public works director. 3. Administrative deviations shall be granted only when the director and public works director find that the following criteria have been met: a. The administrative deviation is for development that attempts to employ new urbanism design techniques and promote the smart growth initiatives. Administrative deviations that encourage innovation in community development, improve the design, quality and character of new development, foster a more functional relationship pattern between different land uses, encourage patterns of land use that decrease trip lengths of automobile travel and encourage trip consolidation, and foster safe, efficient and economic use of land and public facilities/services shall be given greatest consideration. b. The alternative is no less consistent with the health, safety and welfare of the abutting landowners and the general public than the standard from which the deviation is being requested. 150 c. Special conditions may be included in the administrative deviation to address unique aspects of the parcel to protect a bona fide public interest. The objective of an administrative deviation is to provide design flexibility in community development. d. The application for the administrative deviation shall include documentation, which demonstrates how the administrative deviation will provide to the benefit of, or at least not to the detriment of, the public interest, and how the deviation provides for good planning and design flexibility. e. The administrative deviation does not increase density or intensity (i.e., number of dwelling units or quantity of commercial or industrial floor area), or decrease the minimum required buffers, open space or tree canopy. 4. The director, with the consent of the public works director, must issue a written approval, denial, or approval with conditions of the administrative deviation. The approval, approval with conditions, or denial must clearly identify the action requested by the applicant and the basis of the final administrative action of the city. If the director, with recommendation from the public works director, denies the administrative deviation, this does not preclude the applicant from submitting a variance application in accordance with the land development code or filing an appeal of administrative action. All variance requests from other requirements of the land development code, other than this division, must follow the procedures set forth in the land development code. I. Signage hold harmless and maintenance agreements; Hanson Street extension alignment. 1. The applicant shall provide a hold harmless agreement and maintenance agreement to the city for consideration by the city council for the installation and maintenance of signage in the rights-of-way prior to the issuance of building permits. 2. The applicant shall coordinate with the city engineer to determine the alignment for the Hanson Street Extension that will traverse the Forum Special Development Area property. The alignment shall be determined within one year from the date of the approval of the special development area or the applicant shall be relieved of the commitment to provide a right-of-way for the Hanson Street Extension. ARTICLE 7. -COMMUNITY APPEARANCE 118.7.1-General Provisions. A. Purpose and intent. The purpose and intent of this Article is to encourage design principles which promote an attractive living and working environment, enhance community pride, preserve property values, attract business investments and promote the public health, safety and welfare. B. Applicability. This article shall be comprised of four separate planning strategies as follows: maintenance strategies; corridor-conscious development strategies; corridor improvement strategies; and neighborhood plans. These strategies shall be prepared for the areas identified in the comprehensive plan, and upon adoption by city council, incorporated herein and made part of the land development code. C. Compliance. All development proposals along any of the designated corridors shall undergo site plan review by staff for compliance with the appropriate supplemental regulations. 118.7.2 -Maintenance Strategies. 151 A. The following corridors have been designated in order of priority in the comprehensive plan for a maintenance strategy, and additional streets may be added to the list as deemed necessary: 1. Fowler Street 2. McGregor Boulevard 3. Broadway 4. Marsh Avenue 5. Luckett Road 6. Veronica S. Shoemaker 7. Metro Parkway 8. First Street B. A maintenance strategy shall be prepared for each individual area in order to preserve existing unified areas and neighborhoods. New development proposed for these areas shall undergo site plan review by staff for visual and functional compatibility with the surrounding area. C. The following applies to East First Street: 1. Signage. All signs on property fronting on East First Street between Fowler Street and Billy's Creek shall comply with the requirements as for signs in the professional office district as set forth in chapter 126. 2. Special setback and frontage road requirements. By virtue of the natural and historic beauty of McGregor Boulevard between Johnson Street and Edison Estate, and also that of East First Street between Fowler Street and Billy's Creek, and because of their locations in the comprehensive plan, it is the intent of this section, in order to preserve this value to the community, to require that all buildings and structures on properties abutting both sides of these two streets shall maintain a setback from the street right-of-way of not less than 25 feet. Such setback area shall be used only for landscaping, except for necessary walks or driveways as approved by the building official, and along East First Street only, signs in accordance with chapter 126. 118.7.3 -Corridor-Conscious Development Strategies. A. The following corridors have been designated in the comprehensive plan for a corridor- conscious development strategy, and additional streets may be added to the list as deemed necessary: 1. Colonial Boulevard 2. Winkler Avenue -see 118.4.2 3. Summerlin Road 4. Metro Parkway 5. Ortiz Avenue 6. Veronica S. Shoemaker 7. Marsh Avenue 8. Boy Scout Drive 9. Omni Road 152 B. Corridor-conscious development strategies shall be prepared for areas that are not yet developed or have a strong potential for significant redevelopment. Each individual corridor strategy shall address, as a minimum, the following design issues: access control, special setbacks, street trees and landscape treatment, buffering techniques, internal circulation systems, special signage requirements and underground utilities. Where these supplemental regulations conflict with other code requirements, these supplemental regulations take precedence. Any item not specifically addressed here shall follow existing code requirements. 118.7.4-Corridor Improvement Strategies. A. The following corridors have been designated in order of priority in the comprehensive plan for a corridor improvement strategy, and additional streets may be added to the list as deemed necessary: 1. Anderson Avenue (Dr. Martin Luther King, Jr. Boulevard) 2. Palm Beach Boulevard 3. Evans Avenue/Fowler Street one-way pair 4. U.S. 41 (Cleveland Avenue) -see 118.4.3 5. Hanson Street B. Corridor improvement strategies shall be prepared to correct problems that have arisen over the years due to poor site planning. These strategies shall be prepared and adopted as amendments to the comprehensive plan. Until such time as the improvement strategies are completed, development proposals shall be reviewed considering corridor-conscious design criteria. 118.7.5 -Neighborhood Plans. A. General provisions. 1. Plans required. Neighborhood plans, in order of priority, shall be prepared for the following areas: a. Velasco Village b. Anderson Avenue (Dr. Martin Luther King, Jr. Boulevard) c. Lincoln Boulevard d. East Henderson Avenue e. Highland f. Billy g. South Ballard Road h. Flagler 2. Intent. To ensure visual and functional compatibility, the neighborhood plans shall, as a minimum, provide for unity in building design, landscape and site treatment, and signage. The intent is to promote the redevelopment of these areas through special controls, economic incentives, as well as public and private investment. B. Neighborhood Redevelopment District. 153 1. Purpose. By virtue of its location in the comprehensive plan of the city and in the community redevelopment plan entitled "Velasco Village Neighborhood Redevelopment Plan," it is the express intent of the Velasco Village Neighborhood Redevelopment District to promote the redevelopment of the area, which is to be predominantly developed with single-family homes, as a desirable and affordable residential area. The regulations of this district are intended to: a. Protect and upgrade the single-family character of the area. b. Encourage the discontinuance of existing incompatible uses. c. Protect and promote a suitable environment for family living. d. Prohibit any use which, because of its character, size or location, would generate other than normal residential traffic on local streets, or would create excessive requirements and costs for public services. e. This district shall consist of a single-family district, and a overlay zone to accommodate adult congregate living facilities. There are special controls for this district to provide incentives for affordable housing, provide for buffers between backyards in this neighborhood and adjacent neighborhoods, and to ensure the development of a pleasing, safe and desirable single-family neighborhood. 2. Uses permitted. In the neighborhood redevelopment district, no building, structure or land shall be used and no building or structure shall hereafter be erected, constructed, reconstructed, or structurally altered which is designed, arranged, or intended to be used or occupied for any purpose other than for one or more of the following uses: a. One-family dwellings. b. Home occupations. c. Buildings and uses normally accessory to the above uses. 3. Conditional uses. a. In the neighborhood redevelopment district, certain uses may be permitted after review and public hearing by the board of adjustments. The board shall consider the recommendation of the planning board. Each case shall be considered independently, and approval of any conditional use shall not be construed to establish precedent for other cases. b. The board of adjustments shall review the following and may require mitigation of adverse impact as a condition of approval: 1) Impacts on the local economy, including governmental fiscal impact, employment and property values. 2) Impacts on the natural environment, including air, water and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation and flood hazards. 3) Impacts on historic, scenic and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. 4) Impacts on public services, including water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, marinas and waterways, and bicycle and pedestrian facilities. 5) Impacts on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality. c. The following uses may be considered by the board of adjustments upon receipt of a properly executed application accompanied by a site plan: 154 1) Public utility substations and structures. 2) Child care centers. 3) Churches and their related accessory buildings and structures, such as religious, education and recreational facilities. 4) Public community center buildings, public libraries, public recreational areas and facilities, public museums and public historical facilities. 5) Public or parochial schools through the 12th grade. 6) Residential care facilities. 7) All buildings and uses normally accessory to the above uses. 4. Adult Congregate Living Facility Floating Zone. Within the adult congregate living facility {ACLF) floating zone, ACLF projects or section 202 housing projects totaling no more than 50 units may be permitted after review and public hearing by the board of adjustments, in the same manner as a conditional use {pursuant to section 118. 7 .5.8.3). Such facilities shall not exceed 50 units at a maximum density of ten units per acre {see also section 118.3.3.A.5), with a maximum height of 14 feet. 5. Lot size. The minimum lot size in the neighborhood redevelopment district shall be as follows: a. One-family dwellings. 1) Width, 75 feet; 2) Depth, 100 feet; 3) Area, 7,500 square feet. b. All other uses. 1) Width, 150 feet; 2) Depth, 150 feet; 3) Area, 22,500 square feet. 6. Living area. The minimum living area of structures in the neighborhood redevelopment district shall be as follows: a. One-family dwellings shall have a minimum of 900 square feet. b. Adult congregate living facilities shall have a minimum of 500 square feet for each separate unit. 7. Building coverage. The maximum building coverage permitted in the neighborhood redevelopment district shall be 35 percent. 8. Building height. The maximum building height in the neighborhood redevelopment district shall be 32 feet, except for adult congregate living facilities which shall be 14 feet. 9. Front yard. The minimum front yard setback in the neighborhood redevelopment district shall be 25 feet. 10. Side yards. The minimum side yard setback in the neighborhood redevelopment district shall be seven feet on both sides of interior lots and on the interior side of corner lots. On corner lots, the side adjacent to the street shall not be less than 20 percent of the lot width, but in no case less than 12½ feet. The side yard need not be greater than 25 feet. 11 . Rear yard. The minimum rear yard setback in the neighborhood redevelopment district shall be ten feet. 155 12. Off-street parking. The minimum off-street parking requirements for the neighborhood redevelopment district are set forth in chapter 134. 13. Signs. The sign requirements in the neighborhood redevelopment district are set forth in Chapter 126. 14. Design standards. All development within the neighborhood redevelopment district shall meet the following design standards. In the event of conflicts with other regulations, the more stringent criteria shall prevail. a. Landscaping. 1) Trees. A minimum tree canopy coverage shall be provided of 15 percent, in accordance with chapter 138 and the City of Fort Myers Tree Handbook. 2) Lawns. All lawn areas must be sodded or seeded. St. Augustine species (Floratam, Bitter Blue, and Seville) or Bermuda grasses are encouraged. No rock, gravel or concrete shall substitute as a ground cover or lawn. b. Fencing. Chain link (or cyclone) fencing is prohibited in front yards or on corner lots in side yards adjacent to the street (see also section 118.3.8). c. Outdoor living spaces. 1) Front porches. A front porch, facing the street, with minimum dimensions of five feet deep and ten feet long, is required. This porch shall be accessible both to the house and yard. It may be screened or roofed, but shall not be enclosed by walls or otherwise extending more than three feet vertically from the porch floor. 2) Outside lighting. A minimum of one outdoor light is required. This light may be located on the house itself, on the front porch, or in the yard, but shall be located to avoid glare on adjacent property as much as possible. d. Buffering and screening. A landscape buffer consisting of areca palms planted every five feet on center, of a minimum seven-gallon in size at the time of planting, is required along any property line abutting a railroad track, commercial use, arterial or collector road, or property not within this district, subject also to chapter 134. 118.7.7 -Public Art. A. Purpose and intent. The purpose and intent of this section is to establish the framework for a comprehensive policy to promote the educational, cultural, economic and general welfare of the city in keeping with the vitality for which the city is recognized and to provide the means to enhance its aesthetic environment, to encourage incorporation of public art into private and public development recognizing that the art will become integral, lasting components of the cityscape and will be of intrinsic value to developments or, in lieu thereof, to contribute monies to the public art fund to provide for incorporation of visual art throughout the city. Public art provides artistic and cultural resources that enhance the quality of life for individuals living and working in the city. By mandating a percent for art fee for vertical capital improvement projects and encouraging contributions for private development projects, planned unit developments, and government entity projects, not including city vertical capital improvement projects or city­ owned buildings, within the city, the public art program serves to: 1 . Promote and strengthen civic pride; 2. Enhance and define the identity of the city; 3. Reflect the unique character and history of the city; 4. Create an important impression for visitors; 156 5. Encourage and increase tourism; 6. Spur economic development within the community; 7. Increase property values; 8. Reinforce the community as a regional and national leader in visual and performing arts; 9. Elevate the image of proximately located corporate enterprises; 10. Create visual and aesthetic landmarks; 11. Impart a cohesive visual and physical appearance; 12. Enhance the public environment visually; 13. Enrich the cultural climate of the city; 14. Enhance the quality of life; 15. Engage the community; 16. Raise the level of awareness to the importance of aesthetic and intellectual experiences in everyday life; and 17. Promote awareness of visual arts in the public realm. B. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accessible means public art that is viewable by the public. Commercial building means any building or structure, all or part of which contains a commercial or industrial use permitted by this Code. Construction means a new building, renovation of an existing building, or addition to a building. Construction costs means the total value of all construction, reconstruction or addition as determined by the chief building official in issuing a building permit for such construction, reconstruction or addition. Government entity means an agency, instrumentality or other entity of federal, state, or local government including multijurisdictional agencies, instrumentalities and entities. Percent for art fee means a fee established for the collection of monies to support the public art program. Private development means any project to be paid for wholly or in part by the developer or owner for the construction, reconstruction or addition, excluding site work, to any privately owned building or structure. Public art means original works of art accessible by the public and which possess aesthetic qualities reflecting an awareness of site through its physical dimensions, social dynamics, local character, historic connection, and surrounding urban context. Public art includes, but is not limited to, paintings, photographs, prints, etchings, engravings, sculpture, statues, carvings, murals, mosaics, stained glass, monuments, wall hangings, tapestries, mobiles and sculptural unique elements that lie or exist within fountains; and works of art that are freestanding or free hanging in that they are not a structural part of a building or other structure. Public art does not include architectural elements such as dedicated public spaces or plazas in which works of art are placed, installed or affixed. Public art does not include mass-produced items of standard design such as park benches, playground equipment, fountains, or reproductions or unlimited copies of original works of art. Public art collection means all works of public art owned by the city, located on city property, or acquired, commissioned, designed, or placed by the public art committee. 157 Public art committee means the committee created in section 98.2.6 of the land development code to oversee public art. Public art district means a land area designated by the city for display of public art that provides artistic and cultural resources to enhance the quality of life for individuals living, working and visiting the city. Public development means any project to be paid for wholly or in part by the city, county, state or federal governmental entity. Reconstruction means alterations or repairs made to a public or private building or structure, whether commercial, industrial or residential, which total alterations or repairs within any 12 month period exceed 50 percent of the value of the existing structure, so that such structure must conform to the requirements of new buildings pursuant to section 98.4.5. Renovations mean alterations or repairs made to a public or private building or structure, whether commercial, industrial or residential, which total alterations or repairs within any 12 month period exceed 50 percent of the value of the existing structure, so that such structure must conform to the requirements of new buildings pursuant to section 98.4.5. Single-family residence means the description as provided in the Florida Building Code. Vertical capital improvement projects means public buildings and other structures constructed, renovated or otherwise improved by the city on city-owned land, excluding underground utilities. C. Percent for art fee. 1. The city when constructing vertical capital improvement projects, with a construction value of $250,000.00 or more shall pay an amount of not less than one percent of such cost to the public art fund for acquisition and installation of public art, but not to exceed the sum of $250,000.00 which amount shall be paid prior to the issuance of a building or site work permit. Once public art is installed for a vertical capital improvement project it may not be removed unless an equivalent piece of art or a more valuable replacement work of art is substituted with the review and prior approval of the public art committee and city council. The replacement art work or works must have a value equal to or exceeding the greater of the current fair market value of the art work or the value on the date it was originally installed. 2. The city for an existing city-owned building that is remodeled with a construction value equal to or more than 50 percent of the replacement cost, and with replacement cost of $250,000.00 or more of the building, shall pay an amount of not less than 1 percent of such costs to the public art fund, not to exceed $250,000.00, for the acquisition and installation of public art. The public art fee shall be paid prior to issuance of a building permit. Once public art is installed under this sub-section, it may not be removed unless an equivalent piece of art or a more valuable replacement work or art is substituted with the review and prior approval of the public art committee and city council. The replacement work or works of art must have a value equal to or exceeding the greater of the current fair market value of the art work or the value on the date it was originally installed. 3. Private developers, with a development that has a construction value of $250,000.00 or more, will be encouraged to pay an amount of not less than one percent of such costs to the public art fund not to exceed $250,000.00, for acquisition and installation of public art. 4. Private developers, with developments that are remodeled with a construction value equal to or more than 50 percent of the replacement cost and with replacement cost of $250,000.00 or more of the building, will be encouraged to pay an amount of not less than 1 percent of such costs to the public art fund not to exceed the sum of $250,000.00 for · acquisition and installation of public art. 5. An applicant for a planned unit development, with a construction value of $250,000.00 or more, will be encouraged to pay an amount of not less than one percent of such costs to the public art fund not to exceed $250,000.00, for acquisition and installation of public art. 158 6. Government entity projects, not including city vertical capital improvement projects, with a construction value of $250,000.00 or more, will be encouraged to pay an amount of not less than 1 percent of such costs to the public art fund not to exceed $250,000.00, for acquisition and installation of public art. 7. Government entity projects with an existing government entity-owned building, not including a city-owned building, that is remodeled with a construction value equal to or more than 50 percent of the replacement cost and with replacement cost of $250,000 .00 or more of the building, will be encouraged to pay an amount of not less than one percent of such costs to the public art fund not to exceed the sum of $250,000.00 for acquisition and installation of public art. 8. After review and recommendation of the public art committee and subject to the approval of city council, a private development may incorporate its own public art in lieu of a contribution to the public art fund. The public art incorporated by a private development in lieu of a contribution to the public art fund shall be installed outside of any and all buildings and be accessible by the public from the adjacent or adjoining public rights-of-way. 9. Funds paid into the public art fund may be pooled by the city to create or maintain an area designated as a public art district. D. Exemptions. The following are exempted from the provisions of this article: 1. Churches. E. Public art fund. The funds contributed for public art shall be deposited in the public art fund along with any and all other revenues appropriated in accordance with this section. The public art fund shall also be used as a deposit for endowments, gifts, bequests, grants or donations given to the city for public art purposes. The revenues in such fund shall be used solely for the following: 1. The design, acquisition, commission, and installation, including base and anchoring systems, of new public art; 2. The improvement and preparation of city-owned real property solely for foundational support of the public art, whether such public art is part of or added to the city public art collection; 3. At the option of the public art committee, to conserve, repair, maintain, replace, transport, relocate, remove, administer or insure works of public art; 4. Appraisals of public art; or 5. Obtaining loan or temporary lease of artworks, and the associated shipping and installation costs. F. Reserve for conservation, repairs and maintenance. At least ten percent and up to 25 percent of all amounts received pursuant to this section shall be designated for conservation, repair and maintenance of works in the city public art collection. The specific reserve between ten percent and 25 percent shall be reviewed annually by the public art committee and presented to city council for approval. The funds shall be solely for conservation, repair, and maintenance. The city council has the right to allocate additional city funds for conservation, repairs and maintenance at its own discretion. G. Owner/developer installed public art. The following shall govern public art or works of public art that an owner or developer installs on its development site: 1. Public art that is placed or located on private development sites must be installed outside of any and all buildings and be accessible by the public from the adjacent or adjoining public rights-of-way. The public art committee has the right to reject the proposed location of the public art on the site. 159 2. Public art must be reviewed and approved by the public art committee pursuant to section 98.2.6 of the city code. 3. After public art is installed on a development site, it must be retained in its approved location and may not be moved without the review and prior approval of the public art committee. 4. Title to public art placed by an owner or developer on site runs with the land, as does the correlative duty, obligation and responsibility for maintaining and insuring the art. 5. While a property owner may install additional works of art on the development site without regard to this section, no such art shall detract from or change the nature of the work or works approved by the public art committee pursuant to this section. 6. The public art committee shall provide application forms for use by owners and developers to provide on-site public art. If requested, the public art committee will assist the owner or developer, at the owner or developer's sole expense, in issuing and administering a call for artists and reviewing the submissions received in response thereto. Prior to the selection and commissioning of artists, the review of design and the recommendation of the acceptance of works of art, the public art committee shall submit the action proposed to be approved by city council. H. Finality of decisions; appeals. An owner or developer may appeal a decision made by the public art committee as follows: 1. Any owner or developer affected by this section may appeal any decision of the public art committee by filing a written notice of appeal within 30 days of the issuance of the decision. The notice of appeal shall be filed with the city attorney, and copies provided to the city clerk and the public works director, and shall state with specificity the decision being appealed, the grounds for the appeal and a summary of the relief sought. 2. Upon receipt of a notice of appeal, the city council shall be notified of the hearing for appeal. 3. The public works department shall send written notice of hearing to all property owners within 300 feet of the subject property at least 15 days prior to the hearing for the appeal. Mailing labels are to be provided by the owner or developer. 4. Ex parte communication is not permitted during the appeals process. 5. The city council may request employees of the city with personal knowledge of relevant facts to attend the hearing and produce relevant documents. 6. The city council, in reaching a decision, must consider criteria, as well as any other issues that are pertinent and reasonable, as follows: a. Whether appeal is of a nature properly brought for decision, or whether there is an established procedure for handling the request other than through the appeal process. b. The intent of this chapter applied or interpreted. c. The effect the ruling will have when applied generally to this chapter. d. Staff recommendations, the testimony of the applicant appellant, and testimony of the general public must be considered. 7. Cases under this section will be handled as a de nova proceeding and all parties will be entitled to present evidence and testimony as to any law or fact supporting their position in the case. 8. Before granting any appeal, the city council must find that an error was made in the order, requirement, decision, interpretation, determination or action of the public art committee. 160 9. The decision of the city council will be final. Judicial review of a final decision of the city council will be in circuit court. The review may only be obtained through filing a petition for writ of certiorari pursuant to the Florida Rules of Appellate Procedure. The petition must be filed within 30 calendar days after the issuance of a final decision by city council. Addendum A. -[Maps B-1-8-5.] Multifamily units in legal existence on or before July 8, 1997, shall be a special nonconforming use in the areas identified on maps 8-1 through B-5, found below. refer back to section 118.3.3.a.3 for additional information. 161 MAP B-1 \ ., ii ' -.-s --, ' 1:11 111.,.._ AV MICHIGAN s 1: 1 · : : 1 I ~~---w~~l~ 1 1 • I ' I I ~ • I I -: : l I I 1 '· 1 1 1 ) ~_,_..J.....J.JUl'i'11~ 121-·~ .... 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