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Ordinance - City Council - Regular - 3422 - 1/14/2008
ORDINANCE NO. 3422 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, GROWTH MANAGEMENT CODE, BY RENAMING THE GROWTH MANAGEMENT CODE TO LAND DEVELOPMENT CODE; AMENDING AND RENAMING CHAPTER 98 GENERAL PROVISIONS AND ADMINISTRATION TO ADMINISTRATION AND INCLUDING ADOPTION OF THE OFFICIAL ZONING MAP; RESERVING CHAPTER 106; AMENDING CHAPTER 118 LAND USE REGULATIONS; CREATING CHAPTER 142 DEFINITIONS, CREATING CHAPTER 132 SUBMERGED LAND REGULATIONS BY RELOCATING ARTICLE VI SUBMERGED LAND REGULATIONS IN CHAPTER 98 TO CHAPTER 132; 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, Florida, Sub -Part B, Growth Management Code, is hereby renamed the Land Development Code. SECTION 2. The City Code of the City, Florida, Sub -Part B, Growth Management Code, Chapter 106 is hereby reserved, as its provisions have been incorporated in Chapter 118 Land Use Regulations in Exhibit A to this ordinance. SECTION 3. The City Code of the City, Florida, Sub -Part B, Growth Management Code, Chapter 98 General Provisions and Administration is hereby renamed to Administration, amended in its entirety, including the adoption of the Official Zoning Map, and attached as part of Exhibit A to this ordinance. The City Council has approved transmittal of six pending Future Land Use Map (FLUM) amendments as follows: 1. FLUM Amendment 07-MA-03 Morgan Hill 56 Acre 2. FLUM Amendment 07-MA-05 Heritage Lakes ORDINANCE NO. 3422 3. FLUM Amendment 07-MA-06 Luckett Road and I-75 4. FLUM Amendment 07-MA-07 Laredo Lakes 5. FLUM Amendment 07-MA-09 Eastwood Village 6. FLUM Amendment 07-MA-02 Airside Plaza The Official Zoning Map for these properties shall depict the following zoning districts consistent with the pertinent FLUM amendments: 1. Morgan Hill shall be Mixed Use (MU) 2. Heritage Lakes shall be Single Family (RS-6), Residential Multi -Family (RM-12), Conservation Lands (CON), Recreation (RE), and Commercial Intensive (CI) 3. Luckett Road and I-75 shall be Commercial Intensive (CI) and Mixed Use (MU) and Conservation Lands (CON) 4. Laredo Lakes shall be Light Industrial (IL) parcels 5. Eastwood Village (Swap parcels), one shall be Eastwood Village Mixed Use (MU) and the other shall be Heavy Industrial (IH) 6. Airside Plaza Development of Regional Impact shall be Commercial General (CG), Residential Multi -Family - 12 (RM-12), and Conservation Lands (CON) The Official Zoning Map shall note that the relevant zoning districts will not be in effect until the pending FLUM amendments for the subject properties are approved. SECTION 4. The City Code of the City, Florida, Sub -Part B, Growth Management Code, Chapter 118 Land Use Regulations, is hereby 2 ORDINANCE NO. 3422 amended in its entirety and attached as part of Exhibit A to this ordinance. SECTION S. The City Code of the City, Florida, Sub -Part B, Growth Management Code, is hereby amended by creating Chapter 142 Definitions, which is attached as part of Exhibit A to this ordinance. SECTION 6. The City Code of the City of Fort Myers, Florida, Sub -Part B, Growth Management Code, Chapter 98 General Provision and Administration, Article VI Submerged Land Regulations is hereby relocated in its entirety and is adopted as Chapter 132 Submerged Land Regulations. The Submerged Land Regulations in their entirety as relocated to Chapter 132 are attached as Exhibit B to this ordinance. SECTION 7. Severability. If for any reason, any section, subsection, paragraph, sentence, clause or phrase of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 8. This ordinance shall become effective immediately upon adoption. 3 ORDINANCE NO. 3422 PASSED IN PUBLIC SESSION of the City Council of the City of Fort Myers, Florida, this 14th day of January, A.D., 2008. Aye Aye Aye Aye Absent Ranall P. Henderson, Jr. Aye Thomas C. Leonardo Council Members APPROVED this 14th day of January, A.D., 2008, at 6 : 1 2 o'clock p.m. Aye .--� 4Maor ms tem FILED in the Office of the City Clerk this 14th day of January, A.D., 2008. 3 Marie Adams, CMC City Clerk ORDINANCE NO. 3422 EXHIBIT A City of Fort Myers Land Development Code Chapter 98. Administration Chapter 118. land Use Regulations Chapter 142. Definitions January 14, 2008 Code Studio, inc. Lewis, Stroud & Deutsch, PL ORDINANCE NO. 3422 Summary Table of Contents CHAPTER 98. ADMINISTRATION Article1. In General..........................................................................................................................1 Article 2. Review and Decision -Making Bodies................................................................................4 Article3. Procedures......................................................................................................................11 Article 4. Nonconformities...............................................................................................................41 CHAPTER 118. LAND USE REGULATIONS Article 1. General Provisions .................................. Article 2. Base Districts ........................................... Article 3. Permitted Land Uses ............................... Article 4. Overlay Districts ...................................... Article 5. Planned Districts ...................................... Article 6. Special Development Areas .................... Article 7. Community Appearance .......................... Article 8. Downtown Smart Code ............................ .......................................................................1 .....................................................................11 .....................................................................25 ..................................................................... go ...................................................................101 ...................................................................134 ...................................................................172 ...................................................................182 CHAPTER 142. DEFINITIONS Article1. General..............................................................................................................................1 Article2. Defined terms....................................................................................................................3 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION Chapter 98. Administration Detailed Contents CHAPTER 98. ADMINISTRATION Article1. In General........................................................................................................................1 98.1.1 Title.................................................................................................................................1 98.1.2 Applicability.....................................................................................................................1 98.1.3 Purpose...........................................................................................................................1 98.1.4 Comprehensive Plan......................................................................................................1 98.1.5 Official Zoning Map.........................................................................................................2 98.1.6 Legal Status....................................................................................................................2 98.1.7 Violations........................................................................................................................2 98.1.8 Responsibility for Enforcement and Interpretation.........................................................2 Article 2. Review and Decision -Making Bodies...........................................................................4 98.2.1 City Council.....................................................................................................................4 98.2.2 Planning Board...............................................................................................................4 98.2.3 Board of Adjustments.....................................................................................................6 98.2.4 Historic Preservation Commission..................................................................................8 98.2.5 Tree Removal Review Board..........................................................................................8 98.2.6 Public Art Committee......................................................................................................8 Article3. Procedures....................................................................................................................11 98.3.1 Common Review Procedures.......................................................................................11 98.3.2 Ownership Disclosures.................................................................................................14 98.3.3 Administrative Adjustments..........................................................................................15 98.3.4 Administrative Deviations.............................................................................................16 98.3.5 Variances......................................................................................................................18 98.3.6 Other Administrative Approvals....................................................................................19 98.3.7 Appeal from Administrative Action to the Board of Adjustments..................................20 98.3.8 Conditional Uses...........................................................................................................21 98.3.9 Land Development Code and Official Zoning Map Amendments................................22 98.3.10 Planned Unit Development...........................................................................................22 98.3.11 Development Agreements............................................................................................26 98.3.12 Developments of Regional Impact................................................................................27 98.3.13 Quasi -Judicial Procedures............................................................................................28 98.3.14 Fees and Charges........................................................................................................32 98.3.15 MLK Interim Development Approval Process...............................................................33 98.3.16 East Fort Myers Interim Development Approval Process.............................................40 Article4. Nonconformities...........................................................................................................42 98.4.1 Intent.............................................................................................................................42 98.4.2 Generally......................................................................................................................42 98.4.3 Nonconforming Lots......................................................................................................42 98.4.4 Nonconforming Uses of Land.......................................................................................43 98.4.5 Nonconforming Structures and Site Improvements......................................................43 98.4.6 Nonconforming Uses of Structures and Premises.......................................................44 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION ARTICLE 1. IN GENERAL 98.1.1 Title This subpart B shall be known and may be referred to as the "City of Fort Myers Land Development Code." 98.1.2 Applicability The rules, regulations, and requirements contained in this land development code shall apply to all land and water areas within the corporate limits of the city, as well as any lands subsequently annexed to and incorporated within the city limits. 98.1.3 Purpose A. The purpose of this land development code is to guide the future growth, development, and redevelopment of the city in accordance with the city comprehensive plan adopted pursuant to the provisions of F.S. §163.3194(1)(b). B. More specifically, it is the purpose of the land development code to implement the goals, objectives, and policies of the city comprehensive plan, and protection of the health, safety, and general welfare of existing and future residents by: 1. Providing the means of implementing the goals and objectives of the city comprehensive plan. 2. Dividing the city into such districts as may be necessary to provide specific protection to sensitive environmental land, to promote the redevelopment and rehabilitation of deteriorating neighborhoods, and to promote the revitalization of the city, especially the downtown area. 3. Controlling and regulating the growth of the city, concentrating more intense development in areas with high development capabilities and limiting development in areas of lower development capacity. 4. Protecting landowners from adverse impacts of adjoining developments. 5. Balancing the interest of the general public in the city and those of individual property owners. 98.1.4 Comprehensive Plan A. The city council has adopted the city comprehensive plan, a copy of which is maintained in the offices of the city clerk and community development department. The plan may be amended from time to time pursuant to the Florida Local Government Comprehensive Planning and Land Development Regulation Act. B. No public or private development shall be permitted except in conformity with the comprehensive plan. In the event that any other ordinance or regulation of the city conflicts with the comprehensive plan, the provisions of the comprehensive plan shall govern. Chapter 98: Page 1 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION 98.1.5 Official Zoning Map The city is divided into zoning districts; the boundaries and designations of which are shown on the Official Zoning Map, dated October 15, 2007. The Official Zoning Map, dated October 15, 2007, together with all lawfully adopted explanatory material shown thereon, is declared a part of this article as if set forth in full herein. 98.1.6 Legal Status In their interpretation and application, the provisions of this land development code shall be held to be the minimum requirements adopted for the promotion of, and in the exercise of the power to provide for, the public health, safety, morals and general welfare. Wherever the requirements of this land development code are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances or resolutions, the most restrictive, or that imposing the higher standards, shall govern. 98.1.7 Violations 1. Penalties Penalties for the violation of any section of this land development code may be heard before the code enforcement board or may be determined and prosecuted as provided by section 1-14 of the city code. 2. Parties The owner or tenant of any building, structure, or premises, or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. 3. Other Action Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation of this land development code. 98.1.8 Responsibility for Enforcement and Interpretation The community development director, along with the public works director, building official, development services manager, planning manager and fire chief shall collectively administer the provisions of the land development code. The responsibilities for the interpretation of the provisions of the land development code are as follows: 1. Chapter 98, General Provisions and Administration, community development director; 2. Chapter 102, Building and Construction Regulations, building official; 3. Chapter 106 Reserved. 4. Chapter 110, Flood Prevention and Protection, building official; 5. Chapter 114, Historic Preservation, planning manager; 6. Chapter 118, Land Use Regulations, development services manager, entire chapter, except section 118.3.8, pertaining to garbage, trash disposal and recycling facilities, public works director; Chapter 98: Page 2 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION 7. Chapter 122, Public Facilities, public works director, entire chapter, except article VI, pertaining to fire protection service, fire chief; 8. Chapter 126, Signs, development services manager; 9. Chapter 130, Subdivisions, public works director, entire chapter, except section 130-62, pertaining to submission requirements, section 130-123, pertaining to submission, and Article IV, pertaining to vacations of plats, easements, and rights -of -way, development services manager; 10. Chapter 134, Traffic Circulation and Parking, public works director, entire chapter, except section 134.2.19, pertaining to setbacks from frontage roads, section 134.2.19, pertaining to exceptions and location, section 134.3.2, pertaining to handicapped parking, section 134.3.5, pertaining to minimum number of off-street parking and loading spaces section 134.3.6 required, and section 134.3.7, pertaining to special event temporary parking on private property, development services manager; 11. Chapter 138, Vegetation, development services manager. Chapter 98: Page 3 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION ARTICLE 2. REVIEW AND DECISION -MAKING BODIES 98.2.1 City Council A. Powers and Duties Relating to Land Development Code The city council shall have the following powers and duties under the land development code: 1. Consider, adopt or reject proposed amendments to the city comprehensive plan. 2. Consider, adopt or reject proposed amendments to the land development code. 3. Grant variances and appeals concerning flood hazard areas in accordance with chapter 110, article II. 4. Designate historic districts and historic landmarks, and approve tax exemptions for historic properties pursuant to chapter 114. 5. Hear and decide appeals from the historic preservation commission regarding demolition of unsafe historic structures and regarding appeals from the historic preservation commission pursuant to chapter 114. 6. Hear and decide appeals of decisions regarding warrants pursuant to section 118.8.3. 7. Establish a schedule of fees and charges as stated in section 98.3.14. 8. Approve public art after consideration of the recommendation of the public art committee pursuant to section 98.2.6. 98.2.2 Planning Board A. Created; Membership 1. Pursuant to the City Charter, Section 83, the city shall have a planning board, consisting of 7 voting members and 2 alternates, who shall be appointed by the city council, beginning December 1, 2008. Each councilperson and the mayor shall nominate one member and the mayor shall nominate two alternate members. Each nominee shall be presented to city council for consideration of appointment. After consideration of each nominee, the city council shall make such appointments to the board as it deems appropriate. Nominees that are not appointed by city council shall be replaced with a new nominee from the elected official who made the original nomination. The city council shall make the final decision of all appointments. After nomination and appointment, the members of the planning board shall be sworn by the city clerk to well and faithfully perform the duties of the office. All members of the board shall serve without compensation. The initial appointments shall consist of 7 members with 2 alternate members as herein provided; three members shall serve for a term of three years, two members shall serve for a term of two years, and two members shall serve for a term of one year, thereafter members shall serve for three year terms. The initial appointments for the alternate members shall be as herein provided; one member shall serve for a term of two years, one member shall serve for a term of three years, and thereafter the alternate members shall serve for three year terms. Any vacancy of the appointive membership shall be filled for the unexpired term by the city council, which also shall have authority to remove any appointive members. Chapter 98: Page 4 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION 2. The planning board shall include a representative of the school district appointed by the school board as an ex officio nonvoting member to attend those meetings at which the planning board considers comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. 3. The planning board shall elect its chair and vice -chair, whose terms shall be for one year. The term of the chair and vice -chair shall be for a period of one year, at which time a new chair and vice -chair must be elected. A member may not serve two consecutive terms as chair or vice -chair, but may be reelected after a one term absence from such position. 4. The board shall adopt rules for the transaction of business and shall keep records of its resolutions, transactions, findings, and determinations, which shall be filed with the city clerk and be public records. 5. A member must be present for 75 percent of the meetings in a 12-month period or the chair may declare the member's office vacant. A vacancy on the board shall be filled by appointment as provided in this section. 6. A quorum of the board shall consist of a majority of appointed voting members, but no less than three voting members and an affirmative vote of a majority of the quorum present shall be necessary to pass any motion. 7. All meetings shall be public meetings and shall be held at the call of the chair and at such other times as may be determined by the majority of the board. The development services division shall keep minutes of the meetings of the planning board, showing the vote of each of the members upon decisions and resolutions which shall be filed with the city clerk. Where a voting conflict form has been filed, it shall be attached to the minutes. B. Objectives The broad objective of the planning board is to: 1. Preserve and enhance present advantages; 2. Encourage the most appropriate use of land, water and resources, consistent with the public interest; 3. Overcome present handicaps; and 4. Deal effectively with future problems that may result from the use and development of land within the city. C. Powers and Duties The planning board's powers and duties shall be as follows: 1. Assume the responsibility for the preparation of the comprehensive plan and amendments thereto, after public hearings to be held after due public notice, and make recommendations to the city council regarding the adoption of such plan or element, or portion thereof. 2. Conduct the comprehensive planning program, including the responsibility to monitor and oversee the effectiveness and status of the comprehensive plan. Chapter 98: Page 5 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION 3. Recommend to the city council such changes in the comprehensive plan as may from time -to -time be required and to the land development regulations and other mechanisms that implement the comprehensive plan. 4. Adopt rules of procedure and policies for the administration of the comprehensive planning program. 5. Promote public interest in comprehensive planning. 6. Request the assistance of and receive information from the community development department in relation to planning board work. 7. Review and recommend to the city council as to the relationship to the comprehensive plan of proposed land development regulations or amendments thereto. 8. Review and recommend to the city council as to the relationship to the comprehensive plan of proposed development to be undertaken by the city. It is the intent of this subsection that no development shall be undertaken by, nor actions taken in regard to development orders by the city council or the board of adjustments until such proposals have been reviewed by the planning board and found to be consistent with the comprehensive plan. 9. Act in the capacity of local planning agency, pursuant to F.S. 163.3174. 10. Coordinate the comprehensive planning program with the county, region and state planning programs and with local civic organizations. 11. Review and make recommendations to the board of adjustments regarding conditional uses. 12. Review and make recommendations to the city council regarding rezonings, including rezoning to a planned unit development, and regarding text amendments to this land development code. 13. Review and make recommendation to the city council regarding development agreements. 98.2.3 Board of Adjustments A. Created; Composition; Appointment; Terms; Vacancies; Removal; Residency or Ownership Requirement The city shall have a board of adjustments consisting of 7 voting members and 2 alternates, who shall be appointed by the city council, beginning December 16, 2007. Each councilperson and the mayor shall nominate one member and the mayor shall nominate two alternate members. Each nominee shall be presented to city council for consideration of appointment. After consideration of each nominee, the city council shall make such appointments to the board as it deems appropriate. Nominees that are not appointed by city council shall be replaced with a new nominee from the elected official who made the original nomination. The city council shall make the final decision of all appointments. After nomination and appointment, the members of the planning board shall be sworn by the city clerk to well and faithfully perform the duties of the office. All members of the board shall serve without compensation. The initial appointments shall consist of 7 members with 2 alternate members as herein provided; three members shall serve for a term of three years, two members shall serve for a term of two years, and two members Chapter 98: Page 6 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION shall serve for a term of one year, thereafter members shall serve for three year terms. The initial appointments for the alternate members shall be as herein provided; one member shall serve for a term of two years, one member shall serve for a term of three years, and thereafter the alternate members shall serve for three year terms. In the event a member declares a conflict of interest making voting improper is ill or absent for any reason, an alternate member shall be called to serve temporarily during the absence or inability of a board member to serve. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members may be removed for cause by the city council upon written charges and after a public hearing. Each member shall be either a resident of the city or own property in the city. B. Exclusivity of Purpose; Compensation; Service 1. Members of the board of adjustments shall not hold another public office in the city. 2. Members of the board of adjustments shall serve without pay, but may be reimbursed for expenses incurred in the performance of official duties. 3. All members shall serve until the expiration of their terms, their resignation or removal, or until their successors are appointed. C. Officers; Rules The board of adjustments shall elect a chair and a vice -chair, each of whom shall serve for one year or until the chair is reelected or a successor is elected. The board shall adopt rules for the conduct of its business. The board shall appoint a secretary, who may be an officer or employee of the city. D. Meetings Meetings of the board of adjustments shall be held at the call of the chair and at such other times as the board may determine. The attorney to the board may administer oaths and at the direction of the chair compel the attendance of witnesses by subpoena. No member of the board shall participate in a hearing in which he has any pecuniary or special interest. All meetings of the board shall be open to the public. 2. The development services division shall keep minutes of the proceedings of the board of adjustments, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the city clerk's office and shall be a public record. E. Powers and Duties The board of adjustments shall have the following powers and duties: Administrative Reviews and Appeals To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the community development director or any other officer, department, board or bureau of the city affected by any decision of the community development director in the enforcement and interpretation of this land development code. Chapter 98: Page 7 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION 2. Conditional Uses To hear and decide only such conditional uses as the board of adjustments is specifically authorized to pass on by the terms of this land development code; to decide such questions as are involved in determining whether conditional uses should be granted; and to grant conditional uses with such conditions and safeguards as are appropriate under this land development code, or to deny conditional uses when not in harmony with the purpose and intent of this land development code. A conditional use shall not be granted by the board of adjustments unless and until an application is filed and the requirements of the land development code have been met. 3. Variances To authorize in specific cases and pursuant to section 98.3.5, a variance from the terms of this land development code. 98.2.4 Historic Preservation Commission The composition, duties and authorities of the historic preservation commission are as set forth in chapter 114 of the land development code. 98.2.5 Tree Removal Review Board The composition, duties and authorities of the tree removal review board are as set forth in section 138-106 of the land development code. 98.2.6 Public Art Committee A. Created; Composition; Appointment; Terms 1. Pursuant to the City Charter, Section 83, the city shall have a public art committee, consisting of 7 voting members and 2 alternates, who shall be appointed by the city council, beginning November 15, 2007. Each councilperson and the mayor shall nominate one member and the mayor shall nominate two alternate members. Each nominee shall be presented to city council for consideration of appointment. After consideration of each nominee, the city council shall make such appointments to the board as it deems appropriate. Nominees that are not appointed by city council shall be replaced with a new nominee from the elected official who made the original nomination. The city council shall make the final decision of all appointments. After nomination and appointment, the members of the public art committee shall be sworn by the city clerk to well and faithfully perform the duties of the office. All members of the board shall serve without compensation. 2. The initial appointments shall consist of 7 members with 2 alternate members as herein provided; three members shall serve for a term of three years, two members shall serve for a term of two years, and two members shall serve for a term of one year, thereafter members shall serve for three year terms. The initial appointments for the alternate members shall be as herein provided; one member shall serve for a term of two years, one member shall serve for a term of three years, and thereafter the alternate members shall serve for three year terms. Any member of the public art committee may be reappointed from term -to -term upon nomination by the city council or the mayor and appointment by city council in the manner provided above. Chapter 98: Page 8 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION 3. Each member of the public art committee shall be a resident of the city who has an interest or background in the arts. If not a resident, the member of the public art committee must work in the city or be a member of an arts board or committee in the city. Whenever a vacancy shall occur, a successor shall be appointed in like manner to serve for the remainder of such term. Any member of the public art committee who fails to attend two of three successive meetings without cause shall be automatically removed from the committee; and the vacancy shall be filled provided above. The members of the board shall be required to file a disclosure of financial interests pursuant to Florida Statute 112.3145(1)(a)g. B. Oath; Officers; Quorum; Chair; Records; Meetings; Minutes; Compensation; Legal Counsel 1. After nomination or renomination and appointment or reappointment, the members of the public art committee shall be sworn by the city clerk to well and faithfully perform the duties of the office. 2. A quorum of the public art committee shall consist of a majority of the appointed members, but not less than five members and an affirmative vote of a majority of the quorum present shall be necessary to pass any motion, to take action and transact business. 3. The members of the public art committee shall elect the chair and a vice -chair. The chair and vice -chair shall serve for a term of one year at which time the chair and vice -chair shall be elected or re-elected by the members of the board. The chair and the vice -chair may serve for a maximum of two consecutive years. 4. The city shall provide an employee who shall serve as recording secretary to prepare written minutes of the meetings, showing the vote of each of the members, and keep records of resolutions, transactions, findings and determinations made by the public art committee. The minutes of each meeting, as prepared by the recording secretary, shall include the names of all members appointed, all members present and all members absent. A copy of the minutes shall be filed with the city clerk and be public records. 5. All meetings shall be held at the call of the chair and at such other times as may be determined by a majority of the public art committee. Proper notice of all meetings, both regular and special, shall be provided to the clerk's office in a timely manner for inclusion on the notice of public meetings to comply with the Sunshine Law. All meetings of the public art committee shall be open to the public. 6. All members of the public art committee shall serve without compensation. 7. The city attorney shall provide legal counsel as may be reasonably required by the public art committee for the performance of its functions. 8. Pursuant to Florida Statutes, Section 112.3145(a)2.g., members of the Public Art Committee are required to file annual statements of financial interest. C. Duties The public art committee, as constituted in this section, shall act in an advisory capacity as follows: 1. Develop an art plan for the city, which shall be presented to city council annually. Chapter 98: Page 9 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION 2. Prepare implementation guidelines, selection criteria, and organizational policies to facilitate this article to include a fiscal impact and economic analysis, subject to the approval of the city council. 3. Maintain responsibility for program planning; prioritizing sites for public art; determining project scope and budget; overseeing the artist selection process; commissioning artworks; reviewing design, execution and placement of artworks; overseeing maintenance and repair of the artworks in cooperation with parks division or facilities maintenance division and the process for removal of artworks from the city public art collection. 4. Invite professionals in the visual arts and design fields to serve in the artist selection process in order to ensure works or highest quality, or to assist in the determination of artistic merit of works of art offered to the city as donation or for purchase. 5. Ensure appropriate community participation in the public art and public education activities as part of the public art collection. 6. Coordinate, investigate, review and recommend to city council other means by which artworks may be obtained, including donations to the public art fund, gifts of artwork, and grant applications for the public art collection. 7. Act as liaison with private developers to encourage and facilitate private contributions and private art installations within corporate construction and reconstruction projects. 8. Encourage public art throughout the city and educate and stimulate the participation of all citizens in a joint public and private effort to promote art in public places. 9. 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 taken to the city council for approval. 10. Develop procedures detailing the rights and responsibilities of the artists selected. 11. Establish an inventory and archive of existing and future public art. 12. Have other such duties and responsibilities granted by the city council consistent with the public art needs of the city. Chapter 98: Page 10 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION ARTICLE 3. PROCEDURES 98.3.1 Common Review Procedures A. Generally This article shall apply to all applications for development approval except those applications addressed in other chapters of this land development code, specifically those permits for: 1. Building and construction — chapter 102, 2. Flood prevention and protection — chapter 110, 3. Historic preservation — chapter 114, 4. Public facilities —chapter 122, 5. Signs — chapter 126, 6. Subdivision plats — chapter 130 7. Traffic, Circulation and Parking — chapter 134, S. Vegetation — chapter 138. B. Informal Pre -Application Meeting Prior to submitting an application, the prospective applicant may informally consult with the city staff to obtain information and guidance concerning the proposed application, the general application requirements and the site plan review process. No statement made or information exchanged during the informal consultation shall be binding on the city or the applicant. C. Mandatory Pre -Application Conference All applicants for development approval, when the applications require a public hearing for approval, shall schedule a pre -application conference with appropriate city staff to discuss the nature of the application, applicable standards, application information requirements, application format requirements, and the timing of review and approval. Such required pre -application conference shall be conducted before the submittal of an initial application. Any other applicant for development approval may request a pre -application conference with the appropriate city staff (see B above). 2. At the pre -application conference, city staff may advise the applicant regarding required application forms and information that will be required of the applicant in order to review the application for compliance with this land development code. City staff may also advise the applicant of other matters that may be pertinent to the application, such as permits that may need to be obtained from federal, state or other agencies, and whether a comprehensive plan amendment may be necessary. No statement made or information exchanged during the pre -application conference shall be binding on the city or the applicant. Chapter 98: Page 11 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION D. No Approval Where Ongoing Violation No application may be accepted, and no approval may be issued if the business, enterprise, occupation, trade, profession, property or activity is the subject of an ongoing enforcement procedure, a state law or county violation or a violation of other city ordinance, where the business enterprise is located or is to be located, unless the application is required to rectify the violation. In cases where the violation cannot be rectified and an application is intended instead to redevelop the property, the community development director may allow the application to proceed. E. Application 1. Form of application. All applications for development approval shall be submitted on a form approved by city staff. 2. Payment of application fee. The application fee required by this land development code shall accompany all applications. 3. Plans and specifications. Such plans and specifications as are required by city staff for the review of the application shall be prepared by persons qualified under the laws of the State of Florida, or as required elsewhere in this land development code, to prepare such plans and specifications. 4. The application shall provide names and addresses of the record owners of the property, the applicant, and evidence of authority from the record owners for submission of the application, and identification of the applicant's relationship to the owner if the applicant is not the record owner. 5. Simultaneous applications. If more than one approval is requested for particular development proposal, with the exception of an application for a building permit, an applicant is required to submit all applications for development review at the same time. F. Determination of Completeness 1. Upon receipt of the application, the designated development review official shall review the application to determine whether all required information is provided in an acceptable format; the required fee is paid; and whether the information is technically competent to proceed forward with additional city review. 2. If any required information is not provided, the applicable fee not paid or if the application or any part of the application is determined not technically competent, then the development review official shall notify the applicant of the specific deficiency in the application, and the applicant shall either: a. Submit the specifically identified information in a technically competent form; or b. Withdraw the application. Failure to comply with either a. or b. above within 120 days of the date of the first notification of the deficiencies shall constitute a withdrawal of the application. 3. After an application for development approval is determined to be complete and technically competent, appropriate city staff shall review the application in accordance with the applicable procedures. Chapter 98: Page 12 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION G. Public Hearing Applications If the application requires review by the planning board, board of adjustments or city council, the appropriate staff shall prepare a written recommendation which shall be provided to the applicant prior to the public hearing on the application. 2. The applicant may amend its application after it has been found complete and before it is scheduled for public hearing. Upon submission of an amendment to the application, the staff must determine if the application as amended is complete, pursuant to subsection F. above. After the initial amendment and re -review of the application by the staff, any additional amendment shall require an additional fee to pay the cost of additional review time, as determined by the community development director. A change in ownership shall require notification to the community development department, but shall not require an additional fee. H. Notice of Public Hearing When an application for development approval requires a public hearing, the appropriate city staff shall ensure that the necessary public hearing is scheduled for the decision -making or advisory body reviewing the petition, and that notice as required by law is provided. The applicant shall be responsible for payment to the city of the costs of noticing the public hearing. Notice of each public hearing shall be posted on the property and on the city hall bulletin board at least 15 days before the hearing. Withdrawal, Denial or Abandonment of Application 1. An applicant may withdraw its application anytime before a noticed public hearing. Once a public hearing on the application has been noticed as required by this land development code, and the applicant withdraws the application, the application may not be resubmitted for a period of six months. 2. Any application for rezoning, conditional use, PUD, platting, variance or administrative deviation that has been denied by the board of adjustments or the city council may not be resubmitted for a period of one year. 3. If a completed application is on file for more than six months with no action taken by the applicant as required, it shall be deemed abandoned and notice by certified mail shall be provided to the applicant. Further, if an applicant does not provide information requested by the city for a period of six months, the application will be considered abandoned. 4. Once an application is deemed abandoned and if development approval is still desired, then a new application, with repayment of all applicable fees, shall be submitted to the development services division. The applicant may be granted a three-month extension, at the discretion of the development services manager, if a written request is received within 30 days prior to the six-month deadline. Chapter 98: Page 13 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION J. Notification of Decision The city shall provide notification of a decision on an application for those development approvals described by this chapter, by mail and within ten working days after the decision. A copy of the decision shall also be made available to the public in the office of the community development department during normal business hours within a reasonable period of time after the decision. A PUD approval shall be effective only after the city clerk has signed the ordinance approving the PUD. 98.3.2 Ownership Disclosures A. Purpose and Intent The purpose of this section is to provide the minimum requirements for disclosing ownership of property as it relates to applications under this land development code. The intent is to disclose the identity of true parties in interest to the public, thereby enabling the public to ascertain which parties will potentially benefit from the land use transactions. B. Applicability 1. Disclosure provisions are required for zoning map amendments, conditional use approvals, development agreements, variances, planned unit developments and developments of regional impact. 2. Any person or entity holding real property in the form of a partnership, limited partnership, corporation, assignment of interest, trust, option, assignment of beneficial interest, or any form of representative capacity whatsoever for others, except as otherwise provided in this section, shall, during application submittal for zoning map amendments, conditional use approvals, development agreements, variances, planned unit developments and developments of regional impact, shall make a public disclosure, in writing, under oath, and subject to the penalties prescribed for perjury. In the case of a trust, the four largest beneficiaries must also sign the affidavit. 3. This written disclosure shall be made to the city manager at the time of application. The disclosure information shall include the name and address of every person having a beneficial interest in the real property, however small or minimal. All evidence submitted shall be subject to the city's satisfaction, and said satisfaction shall be liberally interpreted in favor of the city's interest. 4. The city shall send written notice to the person required to make disclosures under this section prior to the time when such disclosures are required to be made, which written request shall also inform the person required to make such disclosure that such disclosure must be made pursuant to this article. 5. Exemptions to the requirements of this section include the beneficial interest which is represented by stock in corporations registered with the federal securities exchange commission or in corporations registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public. Chapter 98: Page 14 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION 98.3.3 B. Administrative Adjustments A. Authorized An administrative adjustment to an approved site plan (not including PUD development plan) may be granted by the community development director or the director public works director, as applicable, only for the following, and only if the adjustment does not conflict with the zoning regulations of the applicable district: 1. Minimum residential lot size: up to five feet of width, but in no event for more than 500 square feet in total area. 2. Setbacks: up to two feet of front, side, waterfront or corner side yards. 3. Building height: up to five percent of the total height or four feet, whichever is less. 4. A modification of the size and configuration of a perimeter stormwater lake or any internal lake, provided that it is approved by the city public works director. 5. A decrease in total residential units or nonresidential square footage. 6. A decrease in the amount of open space of less than five percent. 7. A modification to off-street parking layout provided all other city requirements for the facility are met, but not if the modification is within 100 feet of any residentially -zoned property. 8. A modification to external access points, provided the applicant demonstrates that the spacing is appropriate, safe, does not adversely affect the operation of the adjacent public roadway, and is approved by the city public works director. Application and Approval Process Any request for administrative adjustment shall be made on an application provided by the community development department, and shall include sufficient information to enable the community development director to determine whether the adjustment: 1. Is appropriate to improve functionality or operation of the proposed development; 2. Is required because of practical difficulty in developing the site without the adjustment; 3. Does not negatively impact neighboring properties as related to noise, traffic, environmental resources and aesthetics; 4. Meets the criteria in subsection A above; and 5. Complies with all other city requirements. Chapter 98: Page 15 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION 98.3.4 A. B. Administrative Deviations Authorized An administrative deviation may be granted for the following regulations: 1. Planned Unit Development administrative deviation. See section 118.5.1. 2. Master Development Plan administrative deviation. See section 118.5.3 3. Winkler Avenue administrative deviation. See section 118.4.2. 4. Cleveland Avenue Corridor design requirements. See section 118.4.3. 5. Refuse disposal and recycling facilities. See section 118.3.8. 6. Fence permits. See section 118.3.7. 7. Signs. See section 126-8. 8. Turn lanes. See section 134.4.1. 9. Off-street parking spaces. See section 134.3.5 10, Vegetation. See section 138-3 and 138-4 Approval of Administrative Deviations to Chapter 118 1. The request for an administrative deviation shall be determined after review by the community development director. Such determination shall be stated in writing and shall be expressly for the specific use requesting the administrative deviation and effective as long as the use is legally in existence. The written notice shall be signed by the building official. These administrative deviations shall be granted based on the following standards: a. New work must be designed to be compatible with neighboring structures in material, size, scale and texture. b. The site and landscape plan shall be sensitive to the individual buildings and shall be visually compatible with the buildings and environment with which it is visually related, including but not limited to site orientation, setbacks, vegetative or other screening. C. The requested administrative deviation is the minimum possible to make appropriate use of the land and structure and will not have adverse impacts to the surrounding area as related to noise, traffic, environmental resources or aesthetics. d. The development meets all other city code requirements. 2. The community development director, at the director's discretion, may require the deviation to be reviewed for approval by the board of adjustments, which in its review shall apply the standards in subsection 1 above. 3. Administrative deviations for Planned Unit Development shall be governed by subsection D below. Chapter 98: Page 16 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION C. Approval of Administrative Deviation to Chapters 134 and 138 Where due to physical constraints of the site, the requirements of chapters 134 and 138 cannot be met, the applicant may seek an administrative deviation from the provisions. The request for an administrative deviation shall be determined after review by the community development director, public works director, parks manager, and the building official. Such determination shall be stated in writing and shall be expressly for the specific use requesting the administrative deviation effective as long as the use is legally in existence. The written notice shall be signed by the building official. These administrative deviations shall be granted based on the following standards: a. New work must be designed to be compatible with neighboring structures in material, size, scale and texture. b. The site and landscape plan shall be sensitive to the individual buildings and shall be visually compatible with the buildings and environment with which it is visually related, including but not limited to site orientation, setbacks, vegetative or other screening. C. The requested administrative deviation is the minimum possible to make reasonable use of the land and structure and will not have adverse impacts to the surrounding area. 2. The community development director, at the director's discretion, may require the deviation to be reviewed for approval by the board of adjustments, which in its review shall apply the standards in subsection 1 above. D. Approval of Administrative Deviation to Planned Unit Development and Master Plan Development 1. A request for an administrative deviation from an approved planned unit development, or a master plan development that is reviewed pursuant to section 118.5.3.D.2 shall be submitted to community development department for review and evaluation. The objective of administrative deviation is to provide design flexibility in community development. An application for administrative deviation shall include documentation that 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. All requests for administrative deviations from master plan (MDP) development shall be submitted to the applicable MDP design review committee for its review, evaluation and recommendation prior to submission to the development services division. The applicant must submit to the development services manager a copy of the MDP design review committee recommendation, which shall include the committee's justification for its recommendation. 2. Deviations may be administratively approved by the development services manager with the consent of the public works director, parks manager, fire marshal, and downtown redevelopment director when applicable. Administrative deviation(s) shall be granted only when the development services manager finds the following: a. 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 or services shall be given greatest consideration. Chapter 98: Page 17 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION 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. 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. 3. 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 decision regarding the administrative deviation shall be a written approval, denial, or approval with conditions. The written decision must clearly identify the action requested by the applicant and the basis of the final administrative action of the city. If the decision is to deny the administrative deviation, this does not preclude the applicant from submitting an amendment to the planned unit development or master plan application in accordance with this land development code. The written decision shall be on file in the city clerk's office and placed with the original planned unit development or master plan approval. 98.3.5 Variances A. Application and Criteria A variance from the terms of this land development may only be granted for area and size of structure or size of yard, and shall not be granted unless a written application for a variance is submitted on forms provided by the city, demonstrating: 1. That special conditions and circumstances exist which are peculiar to the land, structure, or community development involved and which are not applicable to other lands, structures, or buildings in the same district. 2. That literal interpretation of the provisions of the section of the land development code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this land development code. 3. That the special conditions and circumstances do not result from the actions of the applicant. 4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this land development code to other lands, structures, or buildings in the same district. 5. That granting the variance is in the best interest of the public and promotes the general health, safety and welfare of the neighborhood to be affected by the variance. B. Prohibitions Nonconforming uses of neighboring lands, structures or buildings in the same district, and permitted or nonconforming uses of lands, structures or buildings in other districts shall not be considered grounds for the issuance of a variance. A variance shall not be authorized except in conformance with the criteria herein and, for example but without limitation, shall not be authorized to increase the allowable density of multifamily structures. Chapter 98: Page 18 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION C. Use Variances Prohibited Under no circumstances shall the board of adjustments grant a variance to allow a use not permissible under the terms of this land development code in the district involved, or any use expressly or by implication prohibited by the terms of this land development code in such district. D. Notice of Hearing Notice of a public hearing on an application for a variance shall be given as provided in section 98.3.1 H. E. Holding of Hearing; Attendance of Parties The public hearing on an application for a variance shall be held according to the quasi-judicial procedures in section 98.3.13. The applicant shall, and any party may, appear in person or by agent or attorney. F. Findings 1. The board of adjustments shall make findings that the requirements of this section have been met by the applicant for a variance. 2. The board of adjustments shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. 3. The board of adjustments shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this land development code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. G. Conditions and Safeguards Precedent for Issuance In granting any variance, the board of adjustments may prescribe appropriate conditions and safeguards in conformity with this land development code. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this land development code. 98.3.6 Other Administrative Approvals A. Warrants Section 118.8.3 establishes the warrant approval process for the downtown smart code. Appeals of a warrant decision shall be made to the city council pursuant to the procedures of the downtown smart code. B. Renewal Registration of Garage Apartments See section 98.4.6.B.2. C. Administrative Interpretation The community development director shall prepare administrative interpretations regarding this land development code as the director shall deem appropriate, and maintain a record of those Chapter 98: Page 19 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION interpretations for public use. Annually, the director shall report those interpretations to the planning board for its recommendations to the city council as to whether this land development code should be amended in light of any interpretation. Interpretations of the City of Fort Myers Growth Management Code, predating the adoption of this land development code, shall be considered non binding on the city. 98.3.7 Appeal from Administrative Action to the Board of Adjustments A. Authorized; Notice; Hearing 1. Appeals to the board of adjustments concerning the interpretation or administration of this land development code by the community development director may be taken by any person aggrieved or by any officer, department, board, or bureau of the city affected by any decision of the community development director. Such appeals 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 or the administrative decision that is claimed to be incorrect. 2. The community development director shall forthwith transmit to the board of adjustments all papers and documents constituting the record upon which the action appealed from is taken. 3. The board of adjustments shall fix a time within 20 days for hearing the appeal, and shall give public notice thereof, as well as due notice to the parties at interest, and decide the appeal within a reasonable time. At the hearing, any party may appear in person or by agent or attorney. B. Stay of Proceedings An appeal stays all work on the premises and all proceedings in furtherance of action appealed from, unless the community development director certifies to the board of adjustments after the notice of appeal has been filed that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustments or by a court of record on application. The restraining order shall be issued only upon due notice to the community development director from whom the appeal is taken and on due cause shown. C. Authority of Board of Adjustments So long as such action is in conformity with the terms of this land development code, the board of adjustments may reverse or affirm, wholly or partly, or 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 powers of the community development director from whom the appeal is taken. 2. The concurring vote of three members of the board shall be necessary to reverse any order, requirement, decision, or determination of the community development director or to decide in favor of the applicant on any matter upon which it is required to pass under this section, or to effect any variation in the application of this land development code. Chapter 98: Page 20 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION D. Appeal from the Board of Adjustments Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustments, any taxpayer, or any officer, department, board or bureau of the city, may, in accordance with the rules of the court, seek review by certiorari of such decision by a court. Any person interested in appealing the decision of the board must ensure that a verbatim record of the proceeding is made. 98.3.8 Conditional Uses A. Application A written application for a conditional use shall be submitted on forms provided by the city, indicating the section of this land development code under which the conditional use is sought and stating the grounds on which it is requested. B. Notice of Public Hearing 1. Notice shall be given at least 15 days in advance of a public hearing on the conditional use. A notice shall be mailed to the owners of all properties within a radius of 300 feet of the perimeter boundaries of the property described in the application using, for this purpose, the last known name and address as shown on the tax roll of the county. Notice of such hearings shall be posted on the property and on the city hall bulletin board at least 15 days before the hearing. 2. Notice of the time, place and date of the hearing shall be given in a local newspaper with general circulation in the community at least 15 days before the hearing. C. Holding of Hearing; Attendance The public hearing on an application for a conditional use shall be held according to the quasi-judicial procedures in section 98.3.13. The applicant must, and any party may, appear in person or by agent or attorney. D. Consideration of Adverse Impact Elements In considering an application for a conditional use, 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 the variety of housing unit types and prices, and neighborhood quality. Chapter 98: Page 21 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION E. Bases for Action by Board of Adjustments Certain uses may be approved 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. 2. In granting any conditional use, the board of adjustments shall prescribe appropriate conditions and safeguards in conformity with this land development code. Violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this land development code, and punishable under this land development code. The board of adjustments shall prescribe a time limit within which the action for which the conditional use is required shall be begun or completed. Failure to begin or complete such action within the time limit set shall void the conditional use. F. Finding at Hearing The board of adjustments shall make a finding that the granting of the conditional use will meet the criteria of this section and will not adversely affect the public interest. 98.3.9 Land Development Code and Official Zoning Map Amendments A. The city council, the planning board, or the city manager may initiate amendments to the text of this land development code. The planning board shall make a recommendation to the city council as to whether the text amendment is consistent with the comprehensive plan and otherwise in the interests of the public health, safety and welfare. B. The Official Zoning Map may from time to time be amended, supplemented, or changed. A zoning map amendment (rezoning) may be proposed by the city council, the planning board, city manager, or by the persons or persons who own property and only for that property which he or she owns. C. All applications for zoning map amendments shall be submitted in writing to the community development department on forms provided by the department. D. All proposals for zoning map amendments shall be considered first by the planning board, which shall make a recommendation to the city council as to whether the rezoning is consistent with the comprehensive plan and future land use map and otherwise in the interest of the public health, safety and welfare. E. Notice and hearing of the application to amend the Official Zoning Map and the land development code text shall be provided as required by law. 98.3.10 Planned Unit Development A. Purpose and Intent The planned unit development district (PUD) is created to provide an alternative method of land development not available within the framework of the other zoning districts. The standards and procedures of this district are intended to promote flexibility of design and allow for planned diversification and integration of uses and structures while at the same time retaining in the city council the authority to establish such limitations and regulations as it deems necessary to protect Chapter 98: Page 22 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION 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 a single parcel of land, which mixture is 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 except where they are expressly modified in the planned unit development approval. The planned unit development approval consists of the adopting ordinance and the development plan approved by the ordinance. Where there are conflicts between planned unit development provisions of the PUD approval and the general zoning, subdivision or other applicable regulations, those standards expressly adopted in the PUD approval, including the notes or drawings of the development plan, shall apply. Deviations may be requested by the applicant, but must be specified on the development plan and in the adopting ordinance, and approved by the city council. 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. In addition, the minimum requirements of section 118.5.1 of this land development code shall apply. C. Time Limit on Approval A planned unit development shall be in effect for three years, or as provided in the specific planned unit development ordinance. If no building activity is commenced prior to the expiration date of the planned unit development approval, the approval becomes null and void. The development of the property then will require approval of a new planned unit development or a rezoning to another zoning district. D. Unified Control and Development Obligations The applicant shall present firm evidence of the unified control of the entire area within the proposed planned unit development district and shall agree to develop in accord with: The development approval, including the development plan, adopted for the applicable development. 2. Unified control of the property in a form acceptable to the city attorney. 3. Other such conditions or modifications as may be attached to the approval of the planned unit development. 4. Provision of agreements, contracts, deed restrictions, or sureties acceptable to the city for completion of the undertaking in accordance with the adopted PUD as well as for the Chapter 98: Page 23 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION continuing operation and maintenance of such areas, functions and facilities as are not to be provided, operated or maintained at general public expense. 5. Binding the development successors in title to any commitments made in the above -stated conditions. E. Mapping Required When a planned unit development district is approved, its location and a reference to the adopting ordinance shall be designated on the official zoning map. Amendments Once a planned unit development has been approved, and there is any cause for amendment of the development plan, or any portion thereof, such amendment shall be processed in the same manner as the original planned unit development application. An amendment to the development plan is necessary when any one or more of the following changes occurs: 1. Increase the proposed number of dwelling units. 2. Reduction of the area set aside for open space and usable open space, or a relocation of such area. 3. Increase by more than five percent the total building coverage of all buildings and structures within the planned unit development. 4. Any increase in the height of buildings or reduction in setback lines from the property lines. 5. Any increase in the number of trips ends generated in the a.m. or p.m. peak hours. If none of the above thresholds are triggered, the amendment may be processed as an administrative deviation pursuant to the procedures set forth in this chapter. G. Development Plan Approval of a development plan does not constitute approval of construction drawings of public and private improvements. The proposed design and location of utilities and streets will be subject to review by the public works department and may be subject to revisions in the construction drawings review phase in conjunction with the subdivision process or in the building permit process. Development plan requirements are detailed in section 118.5.1 of this land development code. Development Plan Requirements a. Preparation A development plan shall be prepared under the responsible direction of a certified land surveyor, state registered engineer, architect or landscape architect, or planner, and shall be submitted with an application for a planned unit development to the community development department for review. b. Required General Information 1) Name of the planned unit development. Chapter 98: Page 24 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION 2) Vicinity map of not less than one inch equals one mile. 3) Aerial photograph of the subject property at the same scale as the development plan. 4) Legal description of the planned unit development. 5) North point, legend and scale (scale not to be less than one inch equals 50 feet). 6) Total gross and net acreage of the site. 7) Gross residential density, if applicable. 8) Estimated development schedule, including initiation and completion dates for all phases of development, recreation facilities, common areas, street and utility systems. C. Existing Conditions 1) Existing zoning, land use plan designation and development on the site and on property adjacent to the site. 2) Names and locations of all adjacent subdivisions. 3) Name, location and width of all platted rights -of -way, alleys and existing streets within and/or adjacent to the site. 4) Location and size of all sewer lines, water lines and drainage facilities within and adjacent to the site. 5) Location and width of all easements for utilities and drainage within and/or adjacent to the site. 6) Vegetative survey (See chapter 138). 7) Distance from Page Field and the Southwest Florida Regional Airport. d. Design 1) Location and width of proposed streets and their required rights -of -way. 2) Location, width and intended use of proposed utility easements. 3) Location and dimensions of all proposed lots. 4) Proposed land elevations. 5) Location, purpose, dimensions and general description of common open space, parks and recreational facilities. 6) Location and dimensions of height and area of all proposed structures. e. Improvements 1) Location and dimensions of proposed sewer and water utilities. 2) Location and dimensions of proposed drainage facilities. Chapter 98: Page 25 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION 3) Location of all proposed fire hydrants. 4) Location and dimensions of proposed streets and sidewalks. H. Dedication of Public Facilities The city council may, as a condition of approval, require that suitable areas for streets, public rights -of -way, schools, parks and other public facilities be set aside, improved or dedicated for public use. 98.3.11 Development Agreements A. Purpose and Intent 1. This section is intended to enable the city to invoke the provisions of the "Florida Local Government Development Agreement Act" while also retaining all home rule authority granted pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes, to enter into other, similar agreements outside the provisions of the "Florida Local Government Development Agreement Act." 2. Vendees under a specifically enforceable contract for the sale of real property shall be recognized as having a sufficient equitable interest so as to have legal capacity to become a party to a development agreement made pursuant to this section, but persons having only a mere option to purchase real property shall not be so recognized. Development agreements made pursuant to this section are intended to protect and further the public health, safety and welfare by providing certain guarantees to land developers in exchange for their agreement to provide specified public facilities or services which are related to and consistent with the city's capital improvement planning and financing. B. Applications for Development Agreements and Required Hearings Development agreements shall be submitted to the community development department for review. The community development director or public works director, as applicable, shall recommend to the planning board and city council whether or not the city should become, or decline to become, a party to the agreement, or a modified form of the agreement, with such information as the community development director deems necessary to support a recommendation. The planning board, after a public hearing, shall provide a recommendation to city council as to whether or not the city should become a party to the development agreement and if and what modifications should be made. The city council, upon the recommendation of the community development director and the planning board and after a public hearing, shall a make final determination on whether or not the city should become a party to the development agreement. C. Minimum Statutory Requirements for Development Agreements Development agreements shall include such conditions, terms, restrictions or other requirements to which the parties to the agreement may desire to include and which are not otherwise prohibited by law or exceed the authority vested in the parties. Should a development agreement provide that public facilities are to be designed or constructed by the developer, the agreement shall require that the design and the construction be in compliance with all applicable federal, state, and city standards and requirements including, but not limited to, guarantees of performance and quality and project controls, including scheduling, quality control and quality assurance. When public facilities are to be designed or constructed by the developer, or when the developer agrees to dedicate land to the city, the development agreement shall specifically state the extent to which Chapter 98: Page 26 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION such design, or construction or dedication shall be eligible for impact fee credits pursuant to Chapter 122, Public Facilities, of the city code. D. Notice Public notice of the intended consideration of the development agreement at a public hearing shall be advertised seven (7) days before each public hearing in a local newspaper of general circulation and shall be mailed to all affected property owners within three hundred (300) feet in every direction of the subject property. The notice shall specify the location of the land subject to the development agreement, the development uses proposed on the property, the proposed population densities, the proposed building intensities and height, and any other information that would apply and shall specify the place where a copy of the proposed agreement may be obtained. E. Amendment and Cancellation of Development Agreements by Mutual Consent A development agreement adopted pursuant to this section may be amended or cancelled by mutual consent of the parties or by their successors in interest by utilizing the same public hearing and notice requirements as are prescribed for the adoption of development agreements in this section. Reservation of Home Rule Authority Nothing contained in this section shall be construed so as to prevent the city from entering into an agreement pursuant to this code and the home rule authority granted to the city pursuant to Article Vlll of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes, and specifically recognized by the Florida Legislature in Section 163.3220(5), Florida Statutes, notwithstanding the separate authority provided to the city by the "Florida Local Government Development Agreement Act". G. Appeals No person may challenge the validity of a development agreement on the grounds that the agreement conflicts with the city's comprehensive plan except pursuant to the procedures set forth in section 163.3215, Florida Statutes. A party or a successor in interest to a party to a development agreement may bring suit to challenge the city's administration of a development agreement only after the party or successor has exhausted the administrative remedies prescribed in this chapter for appeals from administrative actions. 98.3.12 Developments of Regional Impact Any application for development approval which qualifies under chapter 380.06, Florida Statutes, as a development of regional impact, shall be reviewed pursuant to the Florida Statutes. The development application shall be reviewed by the city council according to the same quasi-judicial procedures applicable to an Official Zoning Map amendment. Chapter 98: Page 27 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION 98.3.13 Quasi -Judicial Procedures A. Intent The intent of this section is to establish procedures to ensure procedural due process and maintain citizen access to the local government decision -making process for the review of development orders and appeals of those orders that require quasi-judicial hearings. These procedures shall be applied and interpreted in a manner recognizing both the legislative and judicial aspects of the local government decision -making process in quasi-judicial hearings. Applicability These procedures shall apply to all applications in which the city council or the board of adjustments acts in a quasi-judicial capacity for final decisions or appeals of final decisions as to conditional uses, variances and rezonings, or where the planning board hears applications to make such recommendations to the decision -making board. These procedures do not apply to administrative decisions made by city staff, except upon the appeal of the administrative decision to the board of adjustments or the city council. C. Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1. Applicant shall mean the owner of record, the owner's agent, or any person with a legal or equitable interest in the property for which an application for a development order or appeal thereof has been made and which is subject to quasi-judicial proceedings, and shall mean the staff when the application is initiated by the city. 2. Competent substantial evidence shall mean testimony or other evidence based on personal observation, or fact or opinion evidence offered by an expert on a matter that requires specialized knowledge and that is relevant to the issue to be decided. Competent substantial evidence is evidence a reasonable mind could accept as adequate to support a conclusion. 3. Decision -making body shall mean the city council or the board of adjustments, as the case may be, that makes a decision on an application or decides the appeal. 4. Expert shall mean a person who is qualified in a subject matter by knowledge, skill, experience, training, or education. 5. Intervener shall mean a person whose interests in the proceeding are adversely affected in a manner greater than those of the general public. The decision making body, or the planning board as applicable, shall determine who shall be permitted to participate as an intervenor in the hearing, but such permission shall not determine the person's legal rights for purposes of judicial proceedings. 6. Material fact shall mean a fact that bears a logical relationship to one or more issues raised by the application or the laws and regulations pertaining to the matter requested by the application. 7. Participants shall mean members of the general public, other than the applicant, including experts and representatives of local governments and governmental agencies, who offer testimony at a quasi-judicial hearing for the purpose of being heard on an application. Chapter 98: Page 28 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION 8. Party shall mean the applicant, the city staff, or any person recognized by the decision -making body as a qualified intervener. 9. Relevant evidence shall mean evidence which tends to prove or disprove a fact that is material to the determination of the application. D. General Procedures 1. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any relevant matter (subject to the rules contained herein), and to rebut evidence. 2. Staff shall have the responsibility of presenting the case on behalf of the city. The staff report on the application shall be made available to the applicant and the decision -making body no later than five days prior to the quasi-judicial hearing on the application. 3. Official file. All written communication received by decision -making body or staff concerning an application, the staff report on the application, any petitions or other submissions from the public, and all other documents pertaining to the application upon receipt shall be filed in the official file for the application, which shall be maintained by staff. The comprehensive plan and the city code of ordinances shall be deemed to be part of the official file. The official file shall be available for inspection during normal business hours. 4. The printed agenda for the meeting at which the quasi-judicial hearing is scheduled to take place shall identify the hearing as quasi-judicial and indicate where copies of the procedures that apply may be obtained. E. Hearing Procedures The hearing shall, to the extent possible, be conducted as follows: 1. The chair or city attorney shall read a statement at the beginning of the quasi-judicial hearing portion of the agenda, which shall outline the procedure to be followed. A copy of the procedures shall be made available at the hearing. 2. The applicant, staff, and all participants requesting to present evidence at the hearing shall be collectively sworn by oath or affirmation. 3. The applicant may waive its right to an evidentiary hearing if it agrees with the staff recommendation and no one from the audience wishes to speak for or against the application. The decision -making body may then vote on the item, based upon the staff report and any other materials entered by staff from the official file into the record of the hearing. 4. All members of the decision -making body or the planning board shall make ex-parte disclosures. 5. If there is an evidentiary hearing, the order of the presentation shall be as follows, unless the chair agrees to a different order, taking proper consideration of fairness and due process: a. The applicant shall make its presentation, including offering any exhibits from the official file, and introduce any witnesses as it desires. Chapter 98: Page 29 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION b. Staff shall present a brief synopsis of the application; introduce any appropriate additional exhibits from the official file which have not already been transmitted to the decision -making body with the agenda materials, as staff desires; summarize issues; and make a recommendation on the application. Staff shall also introduce any witnesses that it wishes to provide testimony at the hearing. C. Participants in opposition to or support of the application shall make their presentations in the order as determined by the chair. d. Staff may cross-examine any witnesses and respond to any testimony presented. e. The applicant may cross-examine any witnesses and respond to any testimony presented. f. The chair may choose to allow participants to respond to any testimony if the chair deems the response to be necessary to ensure fairness and due process. g. Members of the decision -making body or the planning board as applicable, through the chair, may ask any questions of the staff, applicant and participants. h. Final argument may be made by the staff, related solely to the evidence in the record. Final argument may be made by the applicant, related solely to evidence in the record. j. An intervener who is accepted as an intervenor by the decision -making body or the planning board, as applicable, may make a presentation, conduct cross-examination and make final arguments in the order as decided by the chair. 6. The chair shall keep order, and without requiring an objection, may direct a party conducting the cross-examination to stop a particular line of questioning that merely harasses, intimidates or embarrasses the individual being cross-examined; is unduly repetitious is not relevant; or is beyond the scope of the testimony by the individual being cross-examined. If the party conducting the cross-examination continuously violates directions from the chair to end a line of questioning deemed irrelevant and merely designed to harass, intimidate or embarrass the individual, the chair may terminate the cross-examination. 7. After the presentations, and at the conclusion of any continuances, the decision -making body or the planning board, as applicable, shall deliberate on the application or appeal, as the case may be. Once deliberations are begun, no further presentations or testimony shall be permitted except in the sole discretion of the decision -making body or the planning board, as applicable. The decision -making body's decisions must be based upon competent substantial evidence in the record. 8. The decision -making body or the planning board may, on its own motion or at the request of any person, continue the hearing to a fixed date, time, and place. The applicant shall have the right to one continuance; however, all subsequent continuances shall be granted at the sole discretion of the decision -making body. 9. The applicant may withdraw an application by requesting such withdrawal in writing. If an application is withdrawn, that application or any similar application for the same site shall not be accepted for review for a period of twelve months from the date of such withdrawal. Chapter 98: Page 30 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION F. Rules of Evidence 1. The decision -making body or the planning board shall not be bound by the strict rules of evidence, or limited only to consideration of evidence which would be admissible in a court of law. 2. The chair may exclude evidence or testimony which is not relevant, material, or competent, or testimony which is unduly repetitious or defamatory. 3. The chair will determine the relevancy of evidence, with the assistance of the city attorney. 4. Matters relating to an application's consistency with the city comprehensive plan or land development code will be presumed to be relevant and material. 5. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient by itself to support a finding unless it would be admissible over objection in a court. 6. Documentary evidence may be presented in the form of a copy of the original, if available. A copy shall be made available to the decision -making body and to the staff no later than two days prior to the hearing on the application. Upon request, the applicant and staff shall be given an opportunity to compare the copy with the original. Oversized exhibits shall be copied and reduced for convenient record storage. 7. Only the applicant, intervener, staff and the decision -making body or planning board shall be entitled to conduct cross-examination when testimony is given or documents are made a part of the record. S. The city attorney shall represent the decision -making body or planning board and advise it as to the procedures to be followed and the propriety, relevancy and admissibility of evidence presented at the hearing. 9. The decision -making body or planning board shall take judicial notice of all state and local laws, ordinances and regulations and may take judicial notice of such other matters as are generally recognized by the courts of the State of Florida. G. Final Decision by the Decision -Making Body The decision -making body shall reach a decision, or the planning board shall make its recommendation, without unreasonable or unnecessary delay. The decision shall be in writing and dated as of the date issued. The community development director shall provide the applicant notification of the decision by certified mail. H. The Record All evidence admitted into the record at the hearing, and the adopted development order of the decision -making body shall be maintained by the city clerk in a hearing file for a period of at least forty-five days from issuance of the decision. Chapter 98: Page 31 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION 98.3.14 Fees and Charges A. Fees Established by City Council The city council shall establish by resolution the fees for comprehensive plan amendments, development orders and permit applications under this land development code. The schedule of fees shall be posted in the office of the community development director and may be altered or amended only by the city council. B. Technical Consultants 1. The city shall have the right to retain independent technical consultants and experts that it deems necessary to properly evaluate an application for new developments of regional impact (DRI), or amendments to approved development orders for DRIs, certain zoning applications, annexation agreements or development agreements. 2. The applicant shall enter into a contract with the city which obligates the applicant to reimburse the city for the consultant fees charged to review the application. The city, upon notice to the applicant, may engage one or more technical consultants or experts relating to the matters addressed herein. The fees charged or collected by the city hereunder for each consultant shall not exceed $75,000.00. For each application, when deemed necessary by the city, for a new DRI development order, or an amendment to a DRI development order, certain zoning applications, or development agreements, the city shall collect a fee deposit of $35,000.00. If technical consultants are not retained by the city prior to issuance of the applicable development order the full amount is refundable. 3. The fee deposit will be placed in a separate, non -interest bearing account. When the city's DRI application, certain zoning applications or development agreements are filed with the community development department, all fees are due and shall be paid by either certified check or bank draft made payable to the city, or by United States currency. The applicant shall be liable to the city for 100 percent of the actual and verifiable costs of the independent technical consultants. The city shall notify the applicant when any consultant fees exceed the initial $35,000.00 deposit. The notice shall indicate whether the city estimates the consultants' costs to exceed the existing deposit and, if so, will request an additional deposit sufficient to cover the estimated remaining costs, not to exceed a total deposit of $75,000.00 for any one consultant. The applicant shall make an additional deposit with the city in an amount specified in the notice within 15 days of receipt of the notice. 4. If the applicant disputes any expenses incurred by the city, the applicant shall notify the city, in writing, of the specific expenses in dispute and the reasons why these expenses should not be considered reasonable and necessary for the review of the project. The applicant's response shall be received within 15 days of receipt of the final bill, and failure to do so shall be considered as a waiver of the applicant's right to dispute any expenses. Within 30 days of receipt of this response, the city shall submit to the city council the applicant's notice of disputed expenses, including any other documentation or information which the city deems appropriate to show that the disputed expenses were reasonable and necessary. Within 30 days, the city council shall render a determination as to whether the disputed expenses were reasonable and necessary. The determination shall constitute final action. Within 15 days of the determination by the city council regarding disputed expenses, the applicant shall pay any amount remaining outstanding or shall be refunded any amount deemed unreasonable or unnecessary. Chapter 98: Page 32 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION 98.3.15 Dr. Martin Luther King Jr. Boulevard Interim Development Approval Process A. With the adoption of the Dr. Martin Luther King Jr. and Veronica S. Shoemaker Boulevards Revitalization Plan there is an anticipated interest in both new and redevelopment of property along Dr. Martin Luther King Jr./Veronica S. Shoemaker corridors. Therefore, an interim development approval process is being established for a 12 month period until the land development code is amended to incorporate the recommended code changes in the revitalization plan. Maps 1, 2, and 3 shown at the end of this section reflect the properties subject to the interim development approval process. B. Conflict. The provisions of this section when in conflict shall take precedence over other codes, ordinances, regulations and standards, except that those listed in section 118.8.4 shall remain in effect. Other requirements of the land development code or other applicable ordinances continue to be applicable only to issues not covered by this section, except where those would contradict the intent of this section. C. Exemptions. Items listed below shall be exempt from the requirements of this section and shall instead be reviewed for compliance with the requirements of the land development code. (1) Interior remodeling only. (2) Like replacement of materials and structures. (3) Routine maintenance and repair. (4) Single-family homes and single family residential development, including additions, except those fronting on Dr. Martin Luther King Jr. Boulevard and Veronica S. Shoemaker Boulevard. (5) Historic rehabilitation and/or restoration in compliance with the Secretary of the Interior Standards, or the occupancy of a historic landmark with a permitted use that proposes no additional square footage. (6) Change in occupancy from one permitted use to another where no additional square footage is proposed. D. Activation. Provisions of this section shall be activated by "shall" when required, "should" when recommended, and "may" when optional. E. Applicability (1) The existing small lots along Dr. Martin Luther King Jr. Boulevard between Evans Avenue and Ford Street reflected with hatching on map 2 are of insufficient size to comply with the current regulations in the land development code. Proposed improvements in this area may need relief from certain dimensional code requirements, including but not limit to: setback requirements, on -site parking requirements, driveway width, building height, lot width and depth, lot coverage and landscape requirements and may follow the variance process prescribed in section 98.3.5. Application fee for variance(s) in these areas shall be waived during this interim period. (2) New development, additions to existing development and renovations to existing development five acres or greater in size along the Dr. Martin Luther King Jr. and Veronica S. Shoemaker Boulevards as shown on maps 1 and 3 shall be approved only through the planned unit development process prescribed in section 98.3.10. The planned Chapter 98: Page 33 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION unit development application fee shall be waived during this 12-month interim review and approval process. (3) New development, additions to existing development and renovations to existing development less than five acres in size along the Dr. Martin Luther King Jr. and Veronica S. Shoemaker Boulevards as shown on maps 1 and 3 or those located within the boundary of Dunbar -Belle Vue Annexation area (see map D) are not required to follow the planned unit development process and instead shall follow to the maximum extent practical the planning concepts in the revitalization plan and the design guidelines prescribed in Appendix B as the plan was adopted by Resolution No. 2006-58 on November 20, 2006, by city council. Proposed improvements to properties less than five acres may also need relief from certain dimensional code requirements, including but not limit to: setback requirements, on -site parking requirements, driveway width, building height, lot width and depth, lot coverage and landscape requirements and may follow the variance process prescribed in section 98.3.5. Application fee for variance(s) in these areas shall be waived during this interim period. (4) Uses requiring conditional use approval by the board of adjustments. Regardless of the size or location of property, the following uses have been identified as uses that may have potential adverse impacts to the surrounding neighborhood and therefore require conditional use/site plan review and approval by the board of adjustments. These provisions shall apply only to new uses or redevelopment of existing uses that add 50 percent or more to the gross floor area or exceed 50 percent of the assessed value of the building and site in the areas reflected on maps 1, 2, and 3 as shown at the end of this section. Where the conditional use process conflicts with other provisions herein, the conditional use process shall prevail as the prescribed process for review and approval of a particular use(s). The application fee for a conditional use and any associated variance request shall be waived during the interim review and approval process. a. Pawnshops. b. Pool halls. C. Tire repair. d. Check cashing establishments. e. New and used auto, truck, boat, mobile home, cycle, or other similar sales agencies with accessory servicing and repairing. F. Determination of Vested Rights or Denial of All Economic Use. (1) Nothing in this section shall be construed or applied to abrogate the vested right of a property owner to complete development of a parcel where the property owner can demonstrate by substantial competent evidence each of the following: a. A development approval from the city as described in subsection (e), above, was obtained prior to May 21, 2007, the effective date of this section; and b. Upon which the property owner has detrimentally relied, in good faith, by making substantial monetary expenditures; and C. That it would be highly inequitable to deny the property owner the right to complete the development. Chapter 98: Page 34 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION (2) Nothing in this section shall be construed or applied to prevent development of a particular parcel where the property owner can demonstrate by substantial competent evidence that, because of the interim development approval process, no economic use can be made of the parcel. (3) Any property owner claiming vested rights or denial of all use under this subsection (e) must file an application with the city council for a determination within 90 days after May 21, 2007, the effective date of this section. The application shall be accompanied by an application fee of $500.00 and contain a sworn statement as to the basis upon which the vested rights or denial of all use are asserted, together with documentation required by this section and other documentary evidence supporting the claim. The city council shall hold a noticed public hearing on the application. Based upon the competent substantial evidence submitted, the city council shall make a determination by ordinance as to whether the property owner has established vested rights or a lack of economic use for the parcel. (4) Judicial review of final decisions by the city council under subsection (e) of this section shall be by the filing of a petition for writ of certiorari in the circuit court of the Twentieth Judicial Circuit in and for Lee County in accordance with the Florida Rules of Appellate Procedure for the review of the quasi-judicial decisions of municipalities. (5) Exhaustion of administrative remedies. No property owner claiming that this section as applied constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights may pursue such claim in court unless he or she has first exhausted the applicable administrative remedies provided in this section. Chapter 98: Page 35 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION g gy g ,\ g ---tam Legend 4..-w Current City Boundary Revitialization Parcels City of Fort Myers Parcels Chapter 98: Page 36 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION Chapter 98: Page 37 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION r 4 Y .., Legend .I.....y if Current City Boundary City of Fort Myers Parcels - Revitial¢ation Parcels a e � r- � f �< r � 9 i. n ,t I. I P 11C mrc•Is allNllstn.un J7cnbNlegDWlk lManieWf Ilk beleixE bblaf s+arak i nm hk glPtkn 7H h3Okq pUpml,bUlhGl&'arFp llk.ri a1d 16 empkpm4 mills Ivgr.anklsln111M ix'Ulxl.i[gp blktl=WlS7+slb Gslnpkkn[IF. Ifs IlCe/xe,ilU roI xaPl arq'RtpavpllkT b lk ut<. 11%t Ip M l a! 61ten kdnkN rc¢Mf rcgalglry rm IYAt urPO GPmdicP IYFinaP alri hYca56e blYrh[d span rcIgn. 1..p. dby YJ �� palrlq PlIPURS aIr aH lslxHsri.NylltYlEllbbe iasq ly AtrWl. Rtpalrlby Arun WCId,L~Ip oriel Wyerr P.vYy PlDar6renl, Fdlli 1',37C6. Chapter 98: Page 38 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION ts�x�a ��sa+�#rCv�►e.n�#r. �io�. .�s#oc iY ly Y?t _ er +Eri s oxs io i+ ,gKyk ° 07, 0 TO . - Vk #s, yip : • _ . #51C� Tht tRM+� Fe i Qitt�t+�tW.WftXC MWco,"ktT (r Y w E �iD�P��'i �€Y#Y:'a1Tr c4 � a 'A rorY #ri'r���'irr=:rY Cat,akert, ilaxt C1"YAIF+G t7Mr�er�acl'dG kiwtir�n# r�5u1d Et+ &JMc *.wo 1vtj0.00;; Wes+ma`sPia gngC ,Awfi ('. MR Chapter 98: Page 39 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION 98.3.16 East Fort Myers Interim Development Approval Process A. Due to increased interest in redevelopment of mixed residential areas into high-rise residential uses with increased density and height for that area located east of Billy's Creek along the north and south sides of Palm Beach Boulevard to Seaboard Street, and north of Palm Beach Boulevard east of Seaboard Street, as reflected on Map C, which redevelopment may possibly result in deleterious effects to the neighborhood, the city council has deemed that for an interim period not to exceed February 6, 2010, applications for permits for multifamily residential development shall be considered through the planned unit development process. Multifamily development over 35 feet in height or greater than eight units per acre for property zoned RM-16 or greater than 25 units per acre for property zoned CG and Cl, shall be considered through the planned unit development process in accordance with the requirements and procedures of this chapter. Map C reflect the property subject to the interim development approval process. B. There are concerns that existing water and sewer lines are of insufficient size to handle an increase in capacity and that roadways are not designed or adequate to handle any significant increase in traffic volumes. Additionally, fire flows in the area are insufficient to handle additional demand without upgrading the existing utility system. Allowing increased density and height within this area without proper planning and consideration of the above referenced deficiencies/needs would result in adverse impacts to the neighborhood and community as a whole. Any development that proposes to increase density or height within the area reflected on Map C, through the planned unit development process, shall be required to pay its proportionate share of costs associated with any and all studies the city deems necessary to address possible infrastructure deficiencies and needed improvements resulting from those studies. Chapter 98: Page 40 z 0 f- W z 0 Q Cd O) W F IL Q x U NI N V M O z w U v IL 66 rn Cl co U ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION ARTICLE 4. NONCONFORMITIES 98.4.1 Intent Within the districts established by this land development code, there exist lots, structures and uses of land and structures which were lawful before the adoption of this land development code, but which would be prohibited, regulated, or restricted under the terms of this land development code. It is the intent of this article to permit these nonconformities to continue until they are removed, but not to encourage their survival or to allow their enlargement except in compliance with this article. It is further the intent of this article that nonconformities created by any future amendment to this land development code likewise shall be allowed to continue only in accordance with the nonconformity regulations herein. 98.4.2 Generally A. To avoid undue hardship, nothing in this article shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to (the effective date of the land development code ordinance), or any amendment to this land development code, as applicable, and upon which actual building construction has been diligently carried on. The term "actual construction" is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, except that, where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved. B. In the event of a natural disaster, the city may permit the reconstruction of any nonconforming single family dwelling to the same or decreased nonconformity as existed immediately prior to the natural disaster, upon proof satisfactory to the community development director of the configuration of the prior single family dwelling, and only in compliance with the Florida Building Code. A permit for reconstruction of the single family dwelling must be obtained within 12 months of the event of its destruction. 98.4.3 Nonconforming Lots A. A permitted use in a principal building or, in the downtown area, any permitted use in a principal building and customary accessory buildings, may be erected on any single lot of record which was legally in existence on June 21, 1993. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership, except as provided in paragraph C below. This provision shall apply even though such lot fails to meet the requirements for area or width, that are generally applicable in the district, provided, that yard dimensions and other requirements not involving lot area or width shall conform to the regulations for the district in which such lot is located. Variances of area, width and yard requirements shall be obtained only through approval by the board of adjustments. B. If two or more lots, or combinations of lots and portions of lots, with continuous frontage in single ownership are of record as of (the effective date of the land development code ordinance), and if all or part of the lots do not meet the requirements for lot width and area as established by this land development code, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter. No portion of an undivided parcel shall be used or sold which does not meet lot width, nor shall any division of the parcel be made which leaves any lot with a width or area below the requirements stated in this land development code. Any amendment to this land development code that changes the lot width and area requirements shall likewise regulate lots that become nonconforming as to lot width and area. Chapter 98: Page 42 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION C. Notwithstanding paragraphs A. and B. above, within an area designated by the city council as either a Community Redevelopment Area or Enterprise Zone, or for attainable housing incentives (where the lot is developed for qualified attainable housing), nonconforming lots of record need not be of separate ownership or of continuous frontage with lots in the same ownership in order to approve the construction of a principal building and customary accessory buildings on the lot. In such case, the lot shall be developed insofar as possible in conformance with yard dimensions and only pursuant to approval by the community development director. 98.4.4 Nonconforming Uses of Land Where nonconformities in use of land have been created based on adoption of this code or amendments thereto, the nonconforming use of land may be continued as long as it remains otherwise lawful, subject to the following provisions: A. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the time it became nonconforming. No such nonconforming use shall be moved, in whole or in part, to any other portion of the lot or parcel occupied by such use at the time it became nonconforming. If any such nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations that are at that time applicable. . 98.4.5 Nonconforming Structures and Site Improvements Where a lawful structure or site improvement becomes nonconforming, such structure or site improvements may be continued as long as they remain otherwise lawful, subject to the following provisions: A. A structure or site improvement may be enlarged or renovated in such a way which does not increase its nonconformity. A structure or site improvements which is altered in a way which decreases its nonconformity may be allowed. B. On a nonconforming site, enlargements, renovations or additional structures or site improvements that exceed either (i) 50% of the assessed value of the structures and site improvements or (ii) 50% of the gross floor area of an existing structure shall be required to bring the site improvements into compliance with the regulations applicable at that time. C. Should a nonconforming structure or site improvement be destroyed by any means to an extent of more than either 50 percent of the structure's or site improvement's assessed value or 50 percent of the gross floor area at the time of destruction, said structure or improvement shall not be reconstructed, except in conformity with all current city regulations. "Destroyed" or "destruction" for the purposes of this article includes both voluntary and involuntary destruction of the structure or site improvement, except where destruction is required by act of a government such as by an act of eminent domain or, in the case of a single-family dwelling in 98.4.26, occurs as a result of a natural disaster. "Destruction" does not include the addition of structures or site improvements where the additions do not require demolition of existing structures or site improvements. D. Should such structure be moved for any reason for any distance whatsoever, said structure and its site improvements shall thereafter conform to the regulations for the district in which it is located after it is moved. Should any portion of any structure or site improvement be removed for any reason, it shall not be replaced, except in conformity to the regulations for the district in which it is located. Chapter 98: Page 43 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION E. Historic landmarks or structures over 50 years of age, in a locally designated historic district, and their site improvements shall be considered conforming, and may be enlarged, rebuilt, or renovated, subject to the requirements set forth in chapter 114. 98.4.6 Nonconforming Uses of Structures and Premises A. General If a lawful use of a structure, or structure and premises in combination, becomes a nonconforming use, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. An existing structure devoted to a use not permitted by this chapter in the district in which it is located may be enlarged, reconstructed, moved, or structurally altered provided that the board of adjustments finds that, through the variance process, the proposed enlargement, reconstruction, movement or structural alteration does not create additional adverse impact or further detrimentally impact the surrounding area. In permitting such change, the board of adjustments may require appropriate conditions and safeguards in accordance with the provisions of this chapter. 2. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time the use became nonconforming, but no such use shall be extended to occupy any land outside such building. 3. If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the board of adjustments, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of adjustments may require appropriate conditions and safeguards in accord with the provisions of this land development code. 4. Any structure, or structure and land in combination, in or on which a nonconforming use is replaced by a conforming use shall thereafter continue to conform to the regulations for the district in which such structure is located, and the earlier nonconforming use may not thereafter be resumed. 5. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months the structure or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. 6. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. B. Nonconforming Use of Garage Apartments 1. Intent Pursuant to land development code, subsection 118.1.5.D, it is the present policy and requirement of the city that only one single-family principal building may be permitted on a single-family residential lot except as specifically permitted otherwise. Garage apartments as defined in the land development code represent a separate accessory structure. However, garage apartment rental use for garage apartments existing on December 31, Chapter 98: Page 44 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION 2002, except in Dean Park, will be permitted in conjunction with a separate single-family dwelling only pursuant to the registration process as completed on July 1, 2004. All rental of garage apartments shall cease by January 1, 2007 except where specifically permitted in the zoning district or as approved pursuant to this registration process. 2. Renewal of Registration for Garage Apartment a. A $50.00 annual renewal fee for an existing garage apartment license shall be required on or before October 1 every year. Registration forms will be provided by the development services division to register existing garage apartments for designation in one of four categories: 1) Existing lawful nonconforming garage apartments. Garage apartments which have lawfully existing nonconforming rental uses (i.e., those which were first rented for occupancy in compliance with zoning regulations in effect on the date that the rental use began and which have been used continuously to the present). 2) Garage apartments, constructed and utilized for residential occupancy with living and sleeping quarters with bathroom facilities, before June 24, 1953. 3) Existing garage apartment rental use in Seminole Park (and Seminole Park No. 2), Edison Park, York Manor and Riverside platted subdivisions. Garage apartments located within Lee County Official Records Plat Book 5, Page 54 (Seminole Park); Plat Book 6, Page 11 (Seminole Park No. 2); Plat Book 7, Page 28 (Edison Park); Plat Book 5, Page 70 (York Manor); and Plat Book 3, Pages 63, 63a, 63b and 63c (Riverside), which are presently being used as rental apartments, including those for which occupancy and use is exchanged as compensation for services rendered, as in a garage apartment occupied by a property caretaker or domestic servant, and regardless of whether the rental use and occupancy can be demonstrated to be in compliance with an existing zoning regulation when started. 4) All other existing garage apartments. All other existing garage apartments that do not qualify under subsections (a)1 through (a)3 above may be permitted to continue their rental use only pursuant to this section. Those provisions will also govern existing garage apartments being used only by family members and which are registered pursuant to this section. b. The following information shall be submitted where available, in addition to any other information requested in the application form: 1) Name of property owner. 2) Address and STRAP (Tax identification) number of lot on which the garage apartment is located, and address of the garage apartment if different from lot on which located. 3) Evidence of any existing rental/lease of the garage apartment. 4) Earliest date that rental of the garage apartment first began and any evidence to support. 5) Evidence of any city approval of construction of the garage apartment, such as building permits or certificates of occupancy. Chapter 98: Page 45 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION 6) Evidence of the date of construction of the garage apartment including but not limited to: Lee County Property Appraiser's field cards, aerials or other photographs, the building department and zoning data, Sanborn maps, newspaper articles, architectural evidence or any other evidence demonstrating that the structure was used as a dwelling prior to June 24, 1953. 7) Evidence to show that the garage apartment complies with the development standards set forth herein in subsection 98.4.6.B.5 or a notarized agreement by the owner to comply with those standards if the garage apartment use is approved. 8) Any other evidence which the owner believes to be relevant to establish the lawful nature of the existing garage apartment rental use. C. Agreement to comply with registration requirements. Each applicant for designation, by act of registration, agrees to comply with all provisions of the registration program in return for the benefits obtained herein. 3. Review of Renewal Applications Applications filed pursuant to this section will be reviewed to determine whether the registration may continue to be effective. Upon change of ownership, the new property owner shall apply to the director if the new owner intends to rely upon the designation. 4. Appeals The applicant may appeal the decision not to renew an application, and must be made within 15 days of the decision, by letter delivered to the community development director along with the appropriate fee. The appeal shall be heard by the city council and relief may be granted only on the basis of a mistake of law or fact made in reaching the designation. The decision of the city council shall be final after 14 days from the date of its decision. 5. Required Development Standards and Effect of Designations a. All garage apartments shall meet the following development standards: 1) Garage apartments registration shall be renewed with the city pursuant to this section, except garage apartments as permitted in the Dean Park Historic District must register at the time that the garage apartment use is requested. 2) There shall be no rental or leasing of the garage apartment unless the principal residence is occupied by the property owner as a full time resident of the city. Full time resident means living at the residence for at least nine months of the year and possessing a current Florida Homestead Exemption for that property from the Lee County Property Appraiser. 3) Every garage apartment shall meet minimum Standard Housing Code Standards as adopted in City Code, section 54-396, or its equivalent Florida Building Code standards, and every garage apartment shall be required to have or to obtain a certificate of occupancy demonstrating compliance with the Life Safety Code regulations. 4) Every garage apartment shall be occupied only by one family, which may be different from the family which owns the property. Chapter 98: Page 46 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION 5) No more than one garage apartment shall be permitted in association with a single-family dwelling. 6) Every garage apartment shall provide a minimum of one and maximum of two paved (or other approved alternative surface acceptable to the public works director) off-street parking spaces for the garage apartment, in addition to the minimum parking required for the single-family dwelling. The garage apartment parking shall be safely and appropriately located, consistent with the standards identified in section 86-69 of the city code. If the garage apartment has been designated a garage apartment as permitted in the Dean Park Historic District, constructed prior to 1953 or located in one of the above referenced historic neighborhoods, the required parking spaces shall be paved or be of other approved alternative surface. The garage apartments to be amortized shall not be required to provide paved parking. 7) No new garage apartments shall be permitted to be constructed in any single-family zoning district except the Dean Park Historic District. b. Garage apartments registered pursuant to this section shall be treated as a lawful nonconforming use subject to the additional standards contained in this section. C. Registered garage apartments will be permitted to continue the residential occupancy and rental of the apartment until January 1, 2007, after which the occupancy of the garage apartment shall be limited to only members of the family consistent with single-family residential use. These structures must comply with applicable Life Safety Code regulations. d. Code enforcement of non -designated accessory structures used as garage apartments. Any accessory structure which has not received a written designation as a garage apartment pursuant to the foregoing registration and designation process will be presumed not to be a permitted garage apartment. Residential occupancy and use of an accessory structure for living and sleeping quarters without it being designated and registered as a garage apartment pursuant to the foregoing provisions of the land development code is prohibited and is subject to code enforcement pursuant to the chapter 2 of the city code. 6. Vesting of Uses and Structures in the Belle Vue and Dunbar Annexation Areas Uses or structures in the Dunbar/Belle Vue annexation area as shown on the Dunbar/Belle Vue Annexation Map D on page 39, that were in legal existence and compliant with the Lee County land use regulations on or before December 21, 2005, shall be considered vested in the city. Similarly, in the Dunbar/Belle Vue annexation area, previously granted Lee County development approvals as of December 21, 2005, shall be vested pursuant to those approvals and the county land use regulations as of December 21, 2005. a. Structures located in the area shown on Map D on page 39 may be replaced or remodeled as built and uses may be continued indefinitely until such time as the occupational license is not renewed. The city shall maintain an inventory of the licensed structures and uses. In order to preserve vesting, a property owner with an existing structure that is to be demolished must apply for building permits to rebuild the structure within one (1) year of its demolition. The rebuilt structure shall comply with city land development regulations with regard to living area, setbacks, parking spaces, and landscaping. Chapter 98: Page 47 ORDINANCE NO. 3422 CHAPTER 98. ADMINISTRATION b. Existing structures or uses shall be considered a special nonconformity and any expansion shall be required to seek approval through the conditional use process. No increase in dwelling units is permitted. The fees for conditional uses shall be waived. C. Any expansion to an existing junkyard or recycling center shall be required to seek approval through the planned unit development process. Chapter 98: Page 48 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS Chapter 118. land Use Regulations Detailed Contents CHAPTER 118. LAND USE REGULATIONS Article1. General Provisions.........................................................................................................1 118.1.1 Purpose...........................................................................................................................1 118.1.2 Districts Established.......................................................................................................1 118.1.3 Official Zoning Map.........................................................................................................2 118.1.4 Interpretation of Map Boundaries...................................................................................2 118.1.5 Application of District Regulations..................................................................................3 118.1.6 Measurements and Exceptions......................................................................................4 Article2. Base Districts...............................................................................................................11 118.2.1 Residential Districts......................................................................................................11 118.2.2 Commercial Districts.....................................................................................................16 118.2.3 Industrial Districts.........................................................................................................22 118.2.4 Open Space Districts....................................................................................................23 Article 3. Permitted Land Uses....................................................................................................25 118.3.1 General Provisions.......................................................................................................25 118.3.2 Permitted Use Table.....................................................................................................27 118.3.3 Use Standards..............................................................................................................32 118.3.4 Accessory Uses and Structures...................................................................................51 118.3.5 Temporary Uses and Structures...................................................................................55 118.3.6 Use Categories.............................................................................................................62 118.3.7 Outdoor Storage and Display.......................................................................................80 118.3.8 Fences and Walls.........................................................................................................82 118.3.9 Refuse Disposal and Recycling Facilities.....................................................................83 118.3.10 Commercial Wireless Telecommunication Facilities....................................................84 Article4. Overlay Districts...........................................................................................................95 118.4.1 Application of Overlay Districts.....................................................................................95 118A.2 Winkler Avenue.............................................................................................................95 118.4.3 Cleveland Avenue.........................................................................................................97 118.4.4 Martin Luther King, Jr.................................................................................................102 118.4.5 Airport Hazard.............................................................................................................102 118.4.6 Emergency Management Communications................................................................102 118.4.7 Correctional Facilities.................................................................................................102 118.4.8 Environmentally Sensitive Lands................................................................................103 118.4.9 Potable Wellfields.......................................................................................................103 Article 5. Planned Districts........................................................................................................106 118.5.1 Planned Unit Development.........................................................................................106 118.5.2 Mixed Use...................................................................................................................108 118.5.3 Master Development Plan..........................................................................................109 Article 6. Special Development Areas......................................................................................139 118.6.1 General Provisions.....................................................................................................139 118.6.2 Sun City (Pelican Preserve) Fort Myers Special Development Area .........................140 118.6.3 Forum Special Development Area..............................................................................171 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS Article 7. Community Appearance............................................................................................178 118.7.1 General Provisions.....................................................................................................178 118.7.2 Maintenance Strategies..............................................................................................178 118.7.3 Corridor -Conscious Development Strategies.............................................................179 118.7.4 Corridor Improvement Strategies...............................................................................180 118.7.5 Neighborhood Plans...................................................................................................180 118.7.6 Metal Panels...............................................................................................................184 118.7.7 Public Art....................................................................................................................185 Article 8. Downtown Smart Code..............................................................................................188 118.8.1 Generally....................................................................................................................188 118.8.2 Procedures.................................................................................................................194 118.8.3 Warrants.....................................................................................................................199 118.8.4 Superseding Regulations............................................................................................200 118.8.5 Land Use District Regulations....................................................................................200 118.8.6 Standards and Tables.................................................................................................215 ORDINANCE NO. 3422 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 commitments 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 DISTRICT NAMES Residential Residential RS-E Residential Single -Family — Estate AAA Single -Family Estate RS-5 Residential Single -Family — 5 AA Single -Family RS-6 Residential Single -Family — 6 A Single -Family RS-7 Residential Single -Family — 7 A-1 Single -Family RS-D Residential Single -Family — Duplex A-1 D Single -Family Duplex RM-12 Residential Multifamily — 12 A-2 Medium Density Multifamily RM-16 Residential Multifamily — 16 A-3 High Density Multifamily Commercial Commercial PO Professional Office PO Professional Office CG Commercial General B-1 General Commercial Cl Commercial Intensive B-2 Intensive Commercial Industrial IL Industrial Light IH Industrial Heavy Industrial 1-1 Light Industrial 1-2 Heavy Industrial Open Space Open Space CON Conservation Lands CON Conservation Lands REC Recreation REC Recreation PUBLIC HEARING DRAFT: 1/14/08 Chapter 118: Page 1 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS B. Overlay Districts —WA Winkler Avenue —CA Cleveland Avenue —MLK Martin Luther King, Jr. —EM Emergency Management Communications —AH Airport Hazard —CO Correctional Facilities —ESL Environmentally Sensitive Lands —PW Potable Wellfields C. Planned Districts PUD Planned Unit Development MU Mixed Use MDP Master Development Plan D. Special Development Areas Sun City (Pelican Preserve) Forum E. Downtown Redevelopment Area U-GEN Urban General U-CTR Urban Center U-CORE Urban Core DIST District civic Civic 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. 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 Development Services Manager is authorized to interpret district boundaries as shown on the Official Zoning Map. Where uncertainty exists the following rules shall apply: Chapter 118: Page 2 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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, existing at the time between the zoning code, adopted September 11, 1967, and the passage and adoption of the land development code 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 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. Chapter 118: Page 3 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 118.1.6 Measurements and Exceptions A. Density The number of residential dwelling units permitted per gross acre of land. 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. 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 feet, regardless of ownership, shall not be considered open space in meeting the requirements of this Land Development Code. Chapter 118: Page 4 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 118.3.4, Accessory Uses and Structures, the district setback requirements apply to principal and an accessory structures. Chapter 118: Page 5 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 2. Types of Yards a. There are five types of yards — front, side (street), side (interior), rear, and waterfront yard. INTERIOR 7I a O a I REAR 2 i YARD ! i I SIDE YARDmm-SIDE YARD: (INTERIOR) STREET) 1 FRONT I YARD TARD STREET STREET b. Double frontage lots shall be considered to have two front yards. 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. Chapter 118: Page 6 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. FRONT YARD MEASURED FROM THE POINT AT WHICH SIDE AND FRONT LOT LINES WOULD MEET 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. 4. Setbacks o. 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. 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, if no buildings are present between two streets intersecting the side yard street or no buildings are present between an intersecting street and the terminal end of the side street, and no side yard setback line is in evidence, the side adjacent to the street 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 not less than 12'/2 feet. When the lot width is greater than 100 feet, side yards need not be greater than 20 feet. 5. Encroachments Every part of a required yard shall be open from its lowest point to the sky unobstructed, except for the ordinary encroachments listed below. See also 118.3.4, Accessory Uses and Structures, and 118.3.5, Temporary Uses and Structures. a. Fences as noted in Sec. 118.3.8, flag poles, sidewalks, and driveways. Chapter 118: Page 7 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS G. Bulk 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, provided that they may be no closer than three feet from the property line. h. Planters, retaining walls, fountains, fences, hedges, and other landscaping structures may encroach into any required yard and may be no closer than one foot from the property line subject to visibility restrictions. i. 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. j. 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. Height a. Applicability Unless specifically set forth in 118.3.4, Accessory Uses and Structures, the base district height requirements apply to principal and accessory structures. Chapter 118: Page 8 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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, to the deck line 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. MEASURED TO HIGHEST MEASURED TO MEASURED TO MEAN FINISHED ROOF SURFACE DECK LINE BETWEEN EAVES AND RIDGE OF PITCHED 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 Development Services Manager. These exceptions shall not apply in an airport flight zone. Chapter 118: Page 9 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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, MULTIFAMILY 2. Building Coverage SINGLE-FAMILY, SETBACK PROPERTY Two -FAMILY LINE LINE 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. Chapter 118: Page 10 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS ARTICLE 2. BASE DISTRICTS 118.2.1 Residential Districts A. Intent Statements 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. b. Single -Family (RS-5, RS-6 and RS-7) This district is intended to accommodate single-family residential development, and protect existing neighborhoods from incompatible uses. Single-family detached and zero lot line structures are appropriate in all RS- Districts and single-family attached structures are appropriate in the RS-6 and RS-7 districts. C. Duplex Districts (RS-D) This district is intended to accommodate single-family and two-family residential development, and protect existing neighborhoods from incompatible uses. Single-family detached, zero lot line, single-family attached, two-family and townhouse structures are appropriate in this district. 2. Residential Multifamily Districts a. Residential Multifamily (RM-12) This district is intended to accommodate low density multifamily residential development. Single-family attached, two-family, townhouse and multifamily structures are appropriate in this district. b. Residential Multifamily (RM-16) This district is intended to accommodate medium density multifamily residential development. Townhouse and multifamily structures are appropriate in this district. B. Permitted Land Uses Permitted uses by district are set forth in Article 3, Permitted Land Uses. Chapter 118: Page 11 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. Zero Lot Line A building containing one dwelling unit located on a single lot with ��t private yards on three sides, and the /- buildinglocated on or very near the rY ; 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 j units located on a single lot or parcel 1 (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 containing three or more dwelling units consolidated into a single structure 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. r Chapter 118: Page 12 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. SINGLE FAMILY DETACHED Site (min) Area (acres) -- -- -- -- -- -- -- Open Space (Common) -- -- -- 35% 35% 35% 35% Lot (min ft.) Area (sq. ft.) 32,000 8,000 7,000 5,000 5,000 5,000 5,000 Width 85 80 70 50 50 50 50 Y rd Seth k ft Front 20 20 20 20 20 20 20 Front -Facing Garage Door 25 25 25 25 25 25 25 Side (interior) 7 7 7 7 7 7 7 Side (street) * see 118.1.6.F.4. Rear 10 10 10 10 10 10 10 Waterfront 25 25 25 25 25 25 25 Bulk (max) Height (ft.) 35 35 35 35 35 35 35 Building Coverage 35% 35% 40% 40% 40% 45% 45% Living Area min sq. ft. per dwelling) 2,500 1,400 1,200 -- -- -- -- ZERO LOT LINE Site (min) Area (acres) 5 5 5 5 5 5 Open Space (Common) 35% 35% 35% 35% 35% 35% Lot (min ft.) Area (sq. ft.) 8,000 7,000 6,000 6,000 5,000 5,000 Width 80 70 60 60 50 50 Yard Setbacks (min ft.)' Front 20 20 20 20 20 20 Front -Facing Garage Door 25 25 25 25 25 25 Side (first interior) 14 14 14 14 14 14 Side (other interior) 0 0 0 0 0 0 Side (street) * see 118.1.6.FA. Rear 10 10 10 10 10 10 Waterfront 25 25 25 25 25 25 :Sulk (max) r. Height (ft.) 35 35 35 35 35 35 Building Coverage 35% 40% 40% 40% 45% 45% Living Area min sq. ft. per dwelling) 1,400 1,200 -- -- -- -- Chapter 118: Page 13 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS SINGLE FAMILY ATTACHED Site (thin) Area (acres) 5 5 3 3 3 Open Space (Common) 35% 35% 35% 35% 35% Lot (rnin fL), Area per Unit (sq. ft.) 2,400 2,400 2,400 2,400 2,400 Width 30 30 30 30 30 Area per Building (sq. ft.) 4,800 4,800 4,800 4,800 4,800 Yard Setbacks (min ft.) Front 20 20 20 20 20 Front -Facing Garage Door 25 25 25 25 25 Side (interior) 7 7 7 7 7 Side (street) " see 118.1.6.FA. Rear 10 10 10 10 10 Waterfront 25 25 25 25 25 Bulk (max) Height (ft.) 35 35 35 35 35 Building Coverage 50% 50% 50% 50% 50% TWO-FAMILY Lot (min ft.) Area (sq. ft.) 5,000 2,500 2,500 Open Space (Common) 35% 35% 35% Width 100 50 50 Area per Building (sq. ft.) 10,000 5,000 5,000 Yard Setbacks (min ft.) Front 20 20 20 Front -Facing Garage Door 25 25 25 Side (interior) 7 7 7 Side (street)' see 118.1.61.4. Rear 10 10 10 Waterfront 25 25 25 Sulk (max) Height (ft.) 35 35 35 Building Coverage 45% 45% 45% Chapter 118: Page 14 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS TOWNHOUSE - (te (min) . Area (acres) 3 3 3 Open Space (Common) 35% 35% 35% Lot (min ft.) Width 15 . 15 15 Area per Unit (sq. ft.) 1,350 1,350 1,350 Yard Setback; (min ft.) Front, Principal Building 15 15 15 Front -Facing Garage Door 25 25 25 Side (interior) 5 5 5 Side (street) * see 118.1.6.F.4. Rear 10 10 10 Waterfront 25 25 25 Bulk (max) Height (ft.) 35 45 45 qu ilding Coverage 70% 70% 70% MUL 111-AMILY Density (max 61 t"' , cre) Permitted by -right 12 16 Permitted by conditional use 12+ 16+ Site (mir►) Area (acres) Open Space (Common) 35% 35% Width 50 50 Depth 100 100 Lot (min ft.) Area per Building (sq. ft.) 3,630 2,722 Yard. Setbacks; (mih fi. ); Front, Principal Building 15 15 Front -Facing Garage Door 25 25 Side (interior) 7 7 Side (street) * see 118.1.6.F.4. Rear 10 10 Waterfront 25 25 Bulk (max) Height (ft.) 45 60 Building Coverage 45% 45% 32,000 10,000 10,000 10,000 10,000 10,000 10,000 100 100 100 100 100 100 100 Chapter 118: Page 15 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 118.2.2 Commercial Districts A. Intent Statements 1. Professional Office (PO) By virtue of the location as designated in the comprehensive plan, it is the express intent of the PO District to be as generous as possible in permitted uses while, at the same time, maintaining a clean attractive community, and to provide for certain professional office, multifamily and related uses contiguous to each other, adjoining businesses and/or residential areas, and located in close proximity to major arterial roadways. The professional office district is established in order to: a. Protect the present development pattern; 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. 2. Commercial General (CG) By virtue of its location as designated in the comprehensive plan, it is the express intent of the CG District to be as generous as possible in permitted uses while at the same time maintaining a clean and attractive community; therefore, the conduct of business and the display or storage of merchandise, wares or goods shall be wholly and completely within the enclosing walls of buildings. 3. Commercial Intensive (CI) By virtue of its location as designated in the comprehensive plan, it is the express intent of Cl District to be as generous as possible in permitted uses while at the same time maintaining a clean and attractive community; therefore, with the exception of the display for rent or sale of new or used automobiles, trucks, tractors, mobile homes, boats and other similar and large products or merchandise, all products, merchandise, equipment or any other material stored outside of buildings, whether new or used, shall be hidden from view on all sides, except for necessary openings and gates, by a fence, wall or vegetative hedge, not less than six feet high, as approved by the development services manager. B. Permitted Land Uses Permitted uses by district are set forth in Article 3, Permitted Land Uses. Chapter 118: Page 16 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 1. 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. NONRESIDENTIAL AND MULTIFAMILY 1111111100 Lost (min ft.) Area (sq. ft.) 10,000 10,000 10,000 Width 100 100 100 Area per Unit (sq. ft.) 2,722 1,742 1,742 Yard Setbacks (min ft.) Front 25 25 25 Side (interior) 10 10 10 Side (street) 20 20 20 Rear 10 10 10 Waterfront 25 25 25 Bulk (max) Height (ft.) 45 60 60 Buildina Coveraae 45% 45% 45% TOWNHOUSE ' • Density (rr unitsfaere) Permitted by -right 16 25 25 Permitted by conditional use 16 25+ 25 Lot (min ft.) Area (sq. ft.) -- -- -- Width 50 50 50 Area per Unit (sq. ft.) 2,722 2,722 2,722 Yard ;Setbacks (min .) Front 15 15 15 Side (interior) 7 7 7 Side (street) 20 20 20 Rear 10 10 10 Waterfront 25 25 25 Bulk (max) Height (ft.) 45 60 60 Building Coverage 45% 45% 45% Chapter 118: Page 17 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS C. Building Form Standards 1. Applicability a. The building form standards for the CG and Cl districts vary based on the frontage type assigned to a specific property as set forth on the Official Zoning Map. Where no frontage is designated on the Official Zoning Map as Urban, Pedestrian, or Commercial, the building envelope standards set forth in subsection 6.1 above shall apply. b. Frontage types shall be assigned through amendment of the Official Zoning Map. Each frontage shall be designated using a line symbol along any primary street. Any other street without a designated frontage shall be considered a secondary street. C. These form requirements apply to all new development along the designated frontage except for stand-alone K-12 public or private schools, places of worship, and public utilities. Chapter 118: Page 18 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 0 PEDESTRIAN FRONTAGE CA v m z m 4 T i — Lot Width — PRIMARY STREET Blank Wall Area Upper Floor Ground Floor Building Entrance Fenestration Fenestration .a L = 4_.. a a di ,-S11,: Ground Floor Ground Floor Upper Floor Elevation Height Height BUILDING & PARKING PLACEMENT LOT AREA & WIDTH No minimum GROUND FLOOR AREA Max 80,000 SF SETBACK AREA 0 ft. to 15 ft. behind ROW line. REQUIRED BUILDING FRONTAGE 1. Primary street — The building facade must be located within the setback area for a minimum of 80% of the lot width. 2. Side street — The building facade must be located within the setback area for a minimum of 40% of the lot dept. PARKING SETBACK LINE 1. Primary street setback —15 ft. behind ROW line. 2. Side street setback — 10 ft. behind ROW line. 3. Parking shall be located behind the parking setback line. No parking is permitted between the street and the building. ELEMENTS BLANK WALL AREA Blank lengths of wall exceeding 30 linear feet are prohibited on all building facades. FENESTRATION 1. Required fenestration shall include both windows and doors. 2. Ground floor fenestration — Min 60% Max 90%, situated between 2 and 12 feet above the adjacent sidewalk. Ground floor residential, office and industrial uses may provide translucent windows to meet all fenestration requirements. 3. Upper floor fenestration — Min 20% Max 60% situated from floor to floor. 4. Retail sales and service uses — A minimum of 60% of the window pane surface area shall allow views into the ground floor for a depth of at least 15 feet. Windows shall not be made opaque by window treatments (other than operable sunscreen devices within the conditioned space). BUILDING ENTRANCE 1. A functioning entrance, operable during normal business hours, is required facing the primary street. A minimum of 50% of the required entrance shall be transparent. 2. A building located on a corner lot may provide an angled entrance. 3. A building located on two primary streets shall have either one entrance per frontage or provide one angled entrance at the corner of the building at the intersection. Buildings located on corner lots shall meet all applicable intersection sight distance requirements. Additional entrances off another street, pedestrian area, or internal parking area are permitted. HEIGHT BUILDING HEIGHT 60 ft. max. GROUND FLOOR ELEVATION For ground floor residential uses, the ground floor finished elevation shall be a minimum of 18 inches above the adjacent sidewalk (measured from the front building facade to the top of the finished ground floor). There is no minimum for ground floor nonresidential uses. GROUND FLOOR HEIGHT 1. The ground floor shall have at least 12 feet of clear interior height (floor to ceiling) for a minimum depth of at least 25 feet. 2. The maximum floor -to -floor height for the ground floor is 20 feet. UPPER FLOOR HEIGHT 1. The maximum floor -to -floor height for floors other than the ground story is 12 feet. 2. At least 80% of each upper story shall have an interior clear height (floor to ceiling) of at least 9 feet. Chapter 118: Page 19 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS URBAN FRONTAGE - • -- ROW Line e= ;. w - Parking Setback Line �r Building Ln O Setback Area r•.;:: m oOEM= m ` m m i 1 Lot Width - - • PRIMARY STREET Blank Wall Area Upper Floor Ground Floor Building Entrance Fenestration Fenestration c �= M z ,. . ..... Ground Floor Ground Floor Upper Floor Elevation Height Height BUILDING & PARKING PLACEMENT LOT AREA & WIDTH No minimum GROUND FLOOR AREA Max 80,000 SF SETBACK AREA 0 ft. to 15 ft. behind ROW line. REQUIRED BUILDING FRONTAGE 1. Primary street — The building facade must be located within the setback area for a minimum of 60% of the lot width. 2. Side street — The building facade must be located within the setback area for a minimum of 25% of the lot depth. PARKING SETBACK LINE 1. Primary street setback — 15 ft. behind ROW line. 2. Side street setback — 10 ft. behind ROW line. 3. Parking shall be located behind the parking setback line. No parking is permitted between the street and the building. ELEMENTS BLANK WALL AREA Blank lengths of wall exceeding 30 linear feet are prohibited on all building facades. FENESTRATION 1. Required fenestration shall include both windows and doors. 2. Ground floor fenestration — Min 50% Max 90%, situated between 2 and 12 feet above the adjacent sidewalk. Ground floor residential, office and industrial uses may provide translucent windows to meet all fenestration requirements. 3. Upper floor fenestration — Min 20% Max 60% situated from floor to floor. 4. Retail sales and service uses — A minimum of 60% of the window pane surface area shall allow views into the ground floor for a depth of at least 15 feet. Windows shall not be made opaque by window treatments (other than operable sunscreen devices within the conditioned space). BUILDING ENTRANCE 1. A functioning entrance, operable during normal business hours, is required facing the primary street. A minimum of 50% of the required entrance shall be transparent. 2. A building located on a corner lot may provide an angled entrance. 3. A building located on two primary streets shall have either one entrance per frontage or provide one angled entrance at the corner of the building at the intersection. Buildings located on corner lots shall meet all applicable intersection sight distance requirements. Additional entrances off another street, pedestrian area, or internal parking area are permitted. HEIGHT BUILDING HEIGHT 60 ft. max. GROUND FLOOR ELEVATION For ground floor residential uses, the ground floor finished elevation shall be a minimum of 18 inches above the adjacent sidewalk (measured from the front building fagade to the top of the finished ground floor). There is no minimum for ground floor nonresidential uses. GROUND FLOOR HEIGHT 1. The ground floor shall have at least 12 feet of clear interior height (floor to ceiling) for a minimum depth of at least 25 feet. 2. The maximum floor -to -floor height for the ground floor is 20 feet. UPPER FLOOR HEIGHT 1. The maximum floor -to -floor height for floors other than the ground story is 12 feet. 2. At least 80% of each upper story shall have an interior clear height (floor to ceiling) of at least 9 feet. Chapter 118: Page 20 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS T COMMERCIAL FRONTAGE PRIMARY STREET Blank Wall Area \ @ t t _ un, Ground Floor Ground Floor Upper Floor Elevation Height Height CA 0 m W 1 z m 4 BUILDING & PARKING PLACEMENT LOT AREA & WIDTH No minimum GROUND FLOOR AREA Max 80,000 SF SETBACK AREA 0 ft. to 80 ft. behind ROW line. REQUIRED BUILDING FRONTAGE 1. Primary street — The building fagade must be located within the setback area for a minimum of 60% of the lot width. 2. Side street — The building facade must be located within the setback area for a minimum of 25% of the lot depth. PARKING SETBACK LINE 1. Primary street setback —15 ft. behind ROW line. 2. Side street setback —10 ft. behind ROW line. 3. Parking shall be located behind the parking setback line. A single drive aisle serving parking spaces on one or both sides may be located between the building and the right-of-way. ELEMENTS BLANK WALL AREA Blank lengths of wall exceeding 30 linear feet are prohibited on all building fagades. FENESTRATION 1. Required fenestration shall include both windows and doors. 2. Ground floor fenestration — Min 50% Max 90%, situated between 2 and 12 feet above the adjacent sidewalk. Ground floor residential, office and industrial uses may provide translucent windows to meet all fenestration requirements. 3. Upper floor fenestration — Min 20% Max 60% situated from floor to floor. 4. Retail sales and service uses — A minimum of 60% of the window pane surface area shall allow views into the ground floor for a depth of at least 15 feet. Windows shall not be made opaque by window treatments (other than operable sunscreen devices within the conditioned space). BUILDING ENTRANCE 1. A functioning entrance, operable during normal business hours, is required facing the primary street. A minimum of 50% of the required entrance shall be transparent. 2. A building located on a corner lot may provide an angled entrance. 3. A building located on two primary streets shall have either one entrance per frontage or provide one angled entrance at the corner of the building at the intersection. Buildings located on corner lots shall meet all applicable intersection sight distance requirements. Additional entrances off another street, pedestrian area, or internal parking area are permitted. HEIGHT BUILDING HEIGHT 60 ft. max. GROUND FLOOR ELEVATION For ground floor residential uses, the ground floor finished elevation shall be a minimum of 18 inches above the adjacent sidewalk (measured from the front building facade to the top of the finished ground floor). There is no minimum for ground floor nonresidential uses. GROUND FLOOR HEIGHT 1. The ground floor shall have at least 12 feet of clear interior height (floor to ceiling) for a minimum depth of at least 25 feet. 2. The maximum floor -to -floor height for the ground floor is 20 feet. UPPER FLOOR HEIGHT 1. The maximum floor -to -floor height for floors other than the ground story is 12 feet. 2. At least 80% of each upper story shall have an interior clear height (floor to ceiling) of at least 9 feet. Chapter 118: Page 21 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 which is intended to be preserved for industrial uses in order 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. 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. The cross-reference shown in the right hand column of the table lists additional standards that must be followed. NONRESIDENTIAL LQt min ft.) Area (sq. ft.) 10,000 10,000 Width 100 100 Yard Setbacks (min ft.) Front (arterial) 30 50 Front (non -arterial) 30 30 Side (interior) 10 10 Side (street) 20 20 Rear 10 10 Waterfront 25 25 Bulk (max) Height (ft.) 60 60 Building coverage 45% 45% Chapter 118: Page 22 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 Land Uses Permitted uses by district are set forth in Article 3, Permitted Land Uses. 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. Chapter 118: Page 23 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 Land Uses Permitted uses by district are set forth in Article 3, Permitted Land Uses. 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. Chapter 118: Page 24 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS ARTICLE 3. PERMITTED LAND USES 118.3.1 General Provisions A. Approach to Categorizing Uses 1. Principal Uses Permitted principal uses by district are set forth in 118.3.2, Permitted Use Table. Permitted uses are grouped by use categories. Use categories are not zoning districts. Use categories classify land uses and activities based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties, and site conditions. Use categories provide a systematic basis for assigning land uses to appropriate zoning districts. The use categories used in 118.3.2 are defined and listed in 118.3.6, Use Categories. 2. Accessory Uses Permitted accessory uses are allowed by right in conjunction with a principal use as set forth in 118.3.6, Use Categories. No accessory use may be established on a site without a principal use. 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 specifically listed is expressly prohibited unless the Development Services Manager determines that the use is similar 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 Development Services Manager 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 Development Services Manager not to be similar to any other permitted use, the use shall be permitted only following a text amendment. Treatment of a use not specifically listed shall be determined by the Development Services Manager 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. Chapter 118: Page 25 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. C. 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. 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. I 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. Chapter 118: Page 26 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 118.3.2 Permitted Use Table A. Use Table Key 1. Use Permitted by Right (■) Use permitted in the respective district subject to any use standard, if applicable. Such uses are also subject to all other applicable requirements of this development code. 2. Use Permitted through the Conditional Use Process (❑) Indicates a use that may be permitted in the respective district only where approved by Board of Adjustment in accordance with 98.3.8, Conditional Uses. Conditional uses are subject to all other applicable requirements of this code, including all applicable use standards, except where such use standards are expressly modified by the Board of Adjustment as part of the conditional use approval. 3. Use Not Permitted A blank cell indicates that a use is not permitted in the respective district. 4. Use Category Characteristics of the various uses located in 118.3.6, Use Categories. 5. Specific Use Specific use listed in the various use categories located in 118.3.6, Use Categories. 6. Use Standard A cross-reference to any use standard listed in 118.3.3, Use Standards. Where no cross-reference is shown, no additional use standard applies. Chapter 118: Page 27 N N d G 4) Cl- 00 N N m d 66 a`> a co r U 00 N LL LqL LL Z Q w 2 U J m D d N z O a J CD LU LY LU N M G z 5 LY LU H a a x V NI yN V My z U z T 17' I• N m' U C. C, M'. M co o6 _ c6 • in in ■ ■ ■ ..._....__ ( .. �. ......_... ........_.. .......... ._.... ..t..._. .......__ ......_.. i ■ ■ • ■ y ......._.... , ... �. .: .......... ..... .. ......... .......... b. ......... ......... t ......... e. ...... , ._... ............ ... ...... .... _._. e : ........ • ■ ■ ■ in ❑ ■ CIS .. ............................ ........ .. , ,... <............. 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M 06 06 cci c6 ............. ............. .................... . . ......... . . .......... . .......... .................................... ........ ......... . .......... ..................... . ...... .. . ....... . . ■ 11 cl .12 11 0 El 0 . 0 El ................... . . ........... El . .................... CL i cm U) 'cu cn a) co c- (D 0 0 Q)t (1) i i-�! -0 CCU 4a), CD t= 0 'n -a! CO! '91Z 1.2 01(1) NiCUI-55 ; cuCD E 1 cn 1 CWI) 175 .E- i 5! 1 COD1 C (CO, 1 42) (n CIL� cu a) o_ .o S! , Ed 5 (D� - 0io cn -00: i -to @ 0, -0 x C, (D; cu a) -0 0) 0 Fa j5 lei LL =0 cu oi co 2 9i- Fu 0 A2 ,6.(-) -0, U) cn 0 =3 U; 0 cn co a) - E �'2 �i a) o o > -0 d) C, Q 75 E E .Luy.. ;f =3 CL E' E2 zu EF cv, 0 cu 3: : So Ca CU u): CD a)i cul 0 C=, 0) CO Cl) a) a)= ca E mlQ'CO: < Ld, CIq LL! led LL! LL! 0 LLJ LL: CD 1 4) C (D i (D j C's cc COC6 0 CI) .2 c-il ccj! -5 c-S C) S06 06 C) w C6 U) C •a) Mm (1) to ID 4) CD 5 7) ORDINANCE NO. 3422 118.3.3 Use Standards A. Residential Use Standards CHAPTER 118. LAND USE REGULATIONS 1. Single -Family Attached, Townhouse a. Visitor parking shall be provided at the rate of one space per 15 dwelling units. b. A minimum of 35 percent open space shall be required for all new townhouse and single-family attached developments. C. In no case shall the overall density of a project exceed that set by the City Comprehensive Plan under Future Land Use Policy 2.1. d. 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 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 shown below. 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 98.3.9, Variances. PUBLIC HEARING DRAFT: 1/2/08 Chapter 118: Page 32 ORDINANCE NO. 3422 i CHAPTER 118. LAND USE REGULATIONS MAP 8-1 , ->t 60 47 fil 70 Y I 7Q �- $ PROVIDENCE ST N m 75 r_ )i w --140 Is.E 1r .. t T ��.�ii �...... 1 11 of �.� i 1 i 651 L-AWL MICHIGAN AV $ i t 1 I I I i i y I SECOND ST 3 Chapter 118: Page 33 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS Chapter 118: Page 34 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS MAPB-3E AREAXCLUDCD MUW%.LLT4 LIM. VW. jr ------ ---- --- . . ..... MW ILWK Avrtw + TTIrTT AV T-- > 7 -7 4c, CT, J, F= Elm, W, Tn AV Chapter 118: Page 35 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS f I r4'r-ji, IIf 77 i 72 102 i 1 LINHART AV3 i�� i i 1 F .-JF- I W N —Y t ! 1 1 t , t 1 tl N 0 11 t 1 f i W � � i 1 i n x — 'I 1 I � HANS©N ST 13 39� i j_ ; !--- Q j I la i1 ___1a 1 SUNSET PLACE M > w i t 68t36 i 30S rib--- v 11! ;t t { 1 D COR©NADO ROAD i _ _..___. _....... _..._ _ oW b-4,dwq I Chapter 118: Page 36 ORDINANCE NO. 3422 CHAPTER 11S. LAND USE REGULATIONS z 0 MAP 8-5 CANAL 1201 b V 0 120 120 1 Ln 1>cn S _1 LINHAR AVE 120 Ln a I =1 Chapter 118: Page 37 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 4. Manufactured Home and Recreational Vehicle Parks 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 development services manager. 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, F.S. § 381.031(1)(g) regarding the rules of the state department of health, adopted in section 54-2, 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. 5. Group Living Standards 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. Chapter 118: Page 38 ORDINANCE NO. 3422 B. Civic Use Standards 1. Medical Facility CHAPTER 118. LAND USE REGULATIONS The term "hospital" shall mean a facility licensed by the state, and which provides full medical and emergency care, has on -site security and a minimum of 300 beds. 2. Passenger Terminal The operation, including the direction and supervision of all taxicabs, shall be from a central station or established callbox stand. It shall be unlawful for a licensee to operate or permit the operation of a taxicab from his own private home or other residential address. 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 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 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 98.3.5, Variance except for 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. Chapter 118: Page 39 ORDINANCE NO. 3422 3. 4. CHAPTER 118. LAND USE REGULATIONS Art or Photo Studio, Gallery Limited retail is permitted for products produced by the resident on the premises. Convenience Store with Gas Pumps, Gas Station a. General Provisions 1) The primary building, including the full 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 not be permitted. b. Fuel Canopies 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. Chapter 118: Page 40 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 AM or after 10 PM. 5. 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. 6. 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 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. 7. 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 Chapter 118: Page 41 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 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 118.3.7, Outdoor Storage and Display. 8. Tattoo and Body, Piercing Studios a. A procedure for identifying existing tattoo and body piercing studios located in the CG District who can prove they have been performing those services continuously as a legally licensed business for at least one year prior to September 4, 2001, is hereby established to allow those businesses an opportunity to become a legal nonconforming use. Those businesses shall be required to obtain a tattoo and body Chapter 118: Page 42 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS piercing occupational license and shall be subject to the nonconformities provisions of chapter 98, article 4. b. The City shall develop a list of those businesses in CG District eligible to obtain a tattoo and body piercing occupational license and become a legal nonconforming use. Any business found operating a tattoo or body piercing operation in CG District shall be subject to code enforcement. 9. Vehicle Service and Repair a. General 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 10 below. b. CG, CI 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) A maximum of one service bay door shall be permitted, with internal access to additional bays. The service bay door shall be oriented towards the side or rear of the building and shall in no case face a designated primary street. 3) The outdoor display of vehicles for sale or rent shall not be permitted. All vehicles displayed for sale and rental purposes shall be placed inside a fully enclosed building. 4) The outdoor overnight storage of vehicles awaiting repair may be permitted in accordance with 118.3.7, Outdoor Storage and Display. 5) Limited service and repair activity may be conducted outside to the rear or side of the building but such activity shall be fully screened from view from adjacent property and the public right-of-way. 10. Vehicle Sales a. 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: Chapter 118: Page 43 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 1) Display area setback means the area where new landscaping is required to be planted. 2) Existing automobile, truck, recreational vehicle, motorcycle, boat or similar sales agency means a site that is currently used as a sales lot and is operating with a current occupational license, or a site that was previously used as a different permitted land use and is being converted to a sales lot. 3) New automobile, truck, recreational vehicle, motorcycle, boat or similar sales agency means a vacant lot to be constructed with a new office building and display area. b. New Automobile, Truck, Recreational Vehicles, Motorcycle, Boat or Similar Sales Agencies 1) New automobile, truck, recreational vehicles, motorcycle, boat or similar sales agencies shall have a minimum display area setback of five feet on all street frontages. 2) Sixty percent of the display area setback shall be installed with shrubs. The remaining 40 percent of the display area setback shall be planted with ground cover. One hundred percent of the display area setback shall be mulched. 3) 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 list of shrubs and ground cover types shall be utilized to meet the above landscape requirements. a) Shrubs i) Coco plum, planted at 18 inches by 18 inches in size and every three feet on center; ii) Firebrush, planted at 18 inches by 16 inches in size and every three feet on center; iii) Simpson stopper, planted at 24 inches in height and every four feet on center; iv) Orange jasmine, planted at 24 inches by 20 inches in size and every three feet on center; v) Viburnum suspensum, planted at 20 inches by 16 inches in size and every three feet on center. b) Ground Cover i) Parsoni juniper, planted every 18 inches on center; ii) Liriope, planted every 18 inches on center iii) Purple queen, planted every 12 inches on center. Chapter 118: Page 44 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS C. Existing Automobile, Truck, Recreational Vehicles, Motorcycle, Boat or Similar Sales Agencies 1) If an existing sales building is set back 40 feet or less from the front or side property line, the owner shall be exempt from the requirements of paragraphs b.1) and b.2) above. Instead, a minimum one -foot display area setback shall be provided along street frontages. The one -foot display area setback shall be planted with a single row of shrubs to be either: a) Coco plum, planted at 18 inches by 18 inches in size and every three feet on center; b) Firebrush, planted at 18 inches by 16 inches in size and every three feet on center; c) Simpson stopper, planted 24 inches in height and every four feet on center; d) Orange jasmine, planted 24 inches by 20 inches in size and every three feet on center; or e) Viburnum suspensum, planted at 20 inches by 16 inches in size and every three feet on center. 2) One hundred percent of the display area setback shall be mulched. A drip irrigation system shall be required with the installation of the new landscaping. Compliance with this section shall be required when there is a change in property ownership at the time of issuance of a new occupational license. 3) If a sales building is set back greater than 40 feet from the front or side property line, the owner shall comply with paragraphs b.1) and b.2) above when there is a change in property ownership at the time of issuance of a new occupational license. D. Industrial Use Standards 1. Junkyards and Recycling Business Operations 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.0010; 2) Glen Fox, 4871 Dr. Martin Luther King, Jr. Boulevard, Strap Number 21-44-25-P2-2000100.021A; 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; Chapter 118: Page 45 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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.0010; 8) Auto Parts Salvage Inc., 2419 Henderson Avenue, Strap Number 19-44-25-P2-00926.0010; 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-P4-200010E.0020; 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-P1-2000402.0010; 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. Chapter 118: Page 46 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 non industrial 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 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 non -industrial land use or non -industrial 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. Chapter 118: Page 47 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS b) The solid wall shall be either reinforced masonry, concrete stanchioned-slat fencing system, or some other substantial material as approved by the development services manager. 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 though May, and once weekly in the months of June though September. An efficient irrigation system shall be provided. Use of xeriscape 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. Chapter 118: Page 48 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 development services manager. 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 development services managers, 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 Chapter 118: Page 49 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 powers of the community development director from whom the appeal is taken. 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. 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. Chapter 118: Page 50 ORDINANCE NO. 3422 118.3.4 Accessory Uses and Structures A. General CHAPTER 118. LAND USE REGULATIONS Accessory structures and uses shall be consistent with all standards in the district for the principal use, except as expressly set forth below. 1. Accessory structures and uses shall be accessory and clearly incidental and subordinate to a permitted principal uses. An accessory structure or use in a residential district shall occupy no more than 30 percent of the floor area of the principal structure or use. An accessory use shall only be allowed when a principal use exists. 2. Accessory structures and uses shall be located on the same lot as the permitted use or structure. 3. Accessory structures and uses shall not involve operations or structures not in keeping with the character of the primary use or principal structure served. 4. Accessory structures and uses shall not be of a nature likely to attract visitors in larger numbers than would normally be expected, where applicable. 5. Accessory structures and uses 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 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. Chapter 118: Page 51 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. 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. Chapter 118: Page 52 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 Chapter 118: Page 53 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS permit from the city in accordance with applicable regulations, and written consent of the bottom owner. 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 or more than ten inches in the widest cross section dimension above a height of three feet 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. G. Accessory Uses for Places of Worship Accessory uses are permitted for a place of worship in accordance with the following standards. 1. The following facilities may be considered accessory to a place of worship. a. Offices for the place of worship; b. Rooms for religious instruction or counseling; C. Meeting rooms for intermittent community meetings or instruction; d. Fellowship hall; e. Kitchen facilities; f. Senior center, neighborhood arts center or other community center; g. Temporary child care during religious services or events; h. Outdoor play area; i. Columbarium; j. "Meals on Wheels" or other similar programs using the kitchen in the place of worship but delivering food elsewhere; and k. Residence for clergy employed by the place of worship. Chapter 118: Page 54 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 2. 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. 3. A cemetery is permitted provided that the minimum parcel size of the place of worship shall not be less than ten acres. 4. 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. 5. The following accessory uses are permitted only as conditional uses, subject to the requirements of 98.3.8. a. Day care center in residential districts only. b. Schools in residential districts only. C. Soup kitchens or other social service facilities in all districts. d. Athletic field or similar facility. 118.3.5 Temporary Uses and Structures A. Applicability Certain uses and structures are temporary 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 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 uses shall meet the appropriate requirements of the building code, electrical code, fire (life safety) code and plumbing code. 2. All temporary 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 Chapter 118: Page 55 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 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. 7. Temporary 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 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 98.3.7. 9. Temporary uses are temporary in nature and valid for only the dates as specified on the permit. E. Permitted Temporary Uses The following temporary uses are allowed in the frequency 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 mayor and councilperson in whose ward the event is to be located and must obtain a temporary occupational license. Chapter 118: Page 56 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. 5. Food Vending Carts a. Food Vending Carts Use In Conjunction With a Permitted Temporary Use Food vending carts 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. b. Food Vending Carts Not Used In Conjunction With a Permitted Temporary Uses All food vending carts must be approved by the County Health Department. Approval by the County Health Department must be submitted to the Development Services Manager, as well as compliance with the following conditions, prior to issuance of an occupational license: 1) Applicability Food vending carts are a permitted use in the Cl, IL, and IH districts. Food vending carts may be located within the Downtown Redevelopment Area on property designated as urban core, urban center, urban general, and district if they are operated and located at an existing restaurant business that has an current outside cafe license and, provided, they can meet the location criteria for safe ingress and egress. 2) Notarized Letter The applicant shall provide a notarized letter from the property owner giving permission for the use of the property. 3) Code Compliance a) All food vending carts, 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, van or trailer. b) The Fire Marshal shall inspect a temporary food vending cart, van or trailer prior to issuance of the occupational license. The temporary food Chapter 118: Page 57 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS vending cart, van or trailer shall be maintained in working order and shall not create an adverse view or vista. 4) Site Plan Required a) A site plan shall be submitted showing the layout of the area, including the location of food vending carts, vans, trailers, parking spaces, aisle ways for pedestrians and any seating area. All carts, vans or trailers shall be located on either an asphalt or concrete surface. The dimensions for setbacks shall be determined by the Development Services Manager depending on the district where the vending cart, van or trailer is to be located. b) All temporary food vending carts, 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. 5) General Requirements a) Support equipment and accessories shall not be placed around a temporary food vending cart, van or trailer during operation and shall not extend more than three feet from the edge in any direction. b) No temporary food vending cart, van or trailer shall be placed within public rights -of -way, except within the downtown redevelopment area. c) Temporary food vending carts, vans or trailers shall be removed each evening. d) Food vending carts, vans or trailers are temporary in nature, vesting no permanent rights, and the license to operate may be revoked for any reason by the development services manager 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. e) Responsibility for sanitary facilities for employees rests with the occupational license holder. 6) Movement of Facility If a food vending cart, 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. Chapter 118: Page 58 ORDINANCE NO. 3422 7) Transfer of Permit CHAPTER 118. LAND USE REGULATIONS Permits will be issued for individual carts, vans or trailers at specified locations and will be nontransferable. Change in ownership of a cart, 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. 8) Number There shall be no more than one temporary food vending cart, van or trailer located within 150 feet of another temporary food vending cart, van or trailer. No individual temporary food vending cart, van or trailer shall exceed 400 square feet in size. 9) Signage Advertising signs may be permitted upon the temporary food vending cart, van or trailer and not on the sidewalk or street area. 10) Alcohol No alcoholic beverages are to be sold or consumed from temporary food vending carts, vans or trailers. c. 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. 6. 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 section 126-91(c) and shall not create a nuisance or hazard to public safety. 7. 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 development services manager 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 Chapter 118: Page 59 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS until seven calendar days after issuance of the Certificate of Occupancy or any termination date set by the development services manager 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 development services manager 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. F. Temporary Buildings or Structures, and Mobile Offices Temporary buildings or structures, or mobile offices required for a construction project of any kind shall be permitted in every district, provided that such buildings or structures shall be removed from the site immediately upon completion of the project. 2. Accessory structures such as manufactured 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. G. Model Homes Model homes may be permitted in any district and are subject to the following requirements. 1. One sign per model home. The sign shall not exceed 12 square feet, and shall be used for temporary identification/sales purposes. Chapter 118: Page 60 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 2. 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. 3. 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. 4. Security bond required shall be $3,500.00. 5. Limited hours of operation shall be from 8:00 a.m. to 6:00 p.m., seven days a week. 6. Outside lighting is prohibited between the hours of 10:00 p.m. and 7:00 a.m. 7. For security lighting, two lights shall be permitted, one in the front and one in the rear of the building. 8. 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. Chapter 118: Page 61 ORDINANCE NO. 3422 118.3.6 Use Categories A. General Provisions 1. Applicability CHAPTER 118. LAND USE REGULATIONS The following use categories are not zoning districts. These categories group uses for regulatory purposes. A use listed below is only permitted in accordance with 118.3.2.13, Permitted Use Table. 2. Basis for Classifications Use categories classify land uses and activities based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties, and site conditions. Use categories provide a systematic basis for assigning land uses to appropriate zoning districts. 3. Approach to Categorizing Uses The use categories used in 118.3.2.13, Permitted Use Table, are set forth in subsections B through F below. a. Principal Uses The "Principal Uses" portion of each use category lists principal uses common to that use category. The names of these sample uses are generic and are based on common meanings, not on what a specific use may call itself. Commentary. A use that calls itself "Wholesale Warehouse, " but sells mostly to retail consumers, is included in the Retail Sales and Service category rather than the Wholesale Trade category. b. Accessory Uses Accessory uses are allowed by right in conjunction with a principal use as set forth in subsections B through F below. No accessory use may be established on a site without a principal use. Specific regulations governing accessory uses and structures may be listed in 118.3.4, Accessory Uses and Structures. Some listed accessory uses may also be considered accessory structures. C. Uses Not Included The "Uses Not Included" provides cross-references to uses that may appear to be part of a particular category, but that are explicitly handled in a different use category. Chapter 118: Page 62 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS B. Residential Use Categories 1. Household Living Residential occupancy of a dwelling unit by a household on a month -to -month or longer basis in structures with self-contained dwelling units, including kitchens. Principal Uses ( Accessory Uses Single -Family Detached Boat Single -Family Attached Garage Apartment Two -Family Detached garage, barbecue pit, Townhouse carport, tool or garden shed, storage Multifamily unit, swimming pool Upper Story Residential Domestic Television and Radio Mast - Live -Work Type Antennas, and Satellite Earth Manufactured Home Station (Dish) Antennas Home occupation Private community center Raising of pets Residential leasing office F Residential Dock 2. Group Living Uses Not Included Bed and breakfast, hotel, motel, inn, extended -stay facility (see Overnight Lodging) Alternative- or post -incarceration facility, transitional home, halfway house, exclusive care and treatment for psychiatric, alcohol, or drug problems, where patients are residents (see Social Service) Assisted living facility, boarding, rooming or lodging facilities, fraternity, sorority, student dormitory, nursing home, full- time convalescent, hospice, residential care facility (see Group Living) Residential occupancy of a structure by a group of people that does not meet the definition of Household Living. Tenancy is usually arranged on a monthly or longer basis. Generally, Group Living structures have a common eating area for residents, and the residents may receive care or training. Principal Uses Assisted Living Facility Boarding, Rooming or Lodging Facility Fraternity, Sorority, Student Dormitory Monastery, Convent Nursing Home, Full-time Convalescent, Hospice, Life Care Center Residential Care Facility Accessory Uses Associated office Domestic Television and Radio Mast -Type Antennas, and Satellite Earth Station (Dish) Antennas Food preparation or dining area Recreational facility Uses Not Included Bed and breakfast, hotel, motel, inn, extended -stay facility (see Overnight Lodging) Alternative- or post -incarceration facility, transitional home, halfway house, exclusive care and treatment for psychiatric, alcohol, or drug problems, where patients are residents (see Social Service) Seminary (see Educational Facility) Chapter 118: Page 63 ORDINANCE NO. 3422 C. Civic Use Categories 1. Community Service 2. CHAPTER 118. LAND USE REGULATIONS Uses of a public, nonprofit, or charitable nature providing ongoing public safety, educational, training, or counseling to the general public on a regular basis, without a residential component. Principal Uses Community center Museum, library Neighborhood arts center or similar facility (public) Philanthropic institution Police, fire, EMS substation Day Care Accessory Uses Associated office Domestic Television and Radio Mast -Type Antennas, and Satellite Earth Station (Dish) Antennas Food preparation or dining area Arts and crafts, day care, therapy area Indoor or outdoor recreation and athletic facility Limited retail sales (internal) Meeting area Uses Not Included Athletic, tennis, swim or health club (see Indoor Recreation) Church, mosque, synagogue, temple (see Place of Worship) Counseling in an office setting (see Office) Detention center, jail, prison (see Light Industrial) Lodge, membership club (see Indoor Recreation) Park (see Park and Open Space) j Alternative- or post -incarceration 1 facility, transitional home, halfway house, exclusive care and treatment for psychiatric, alcohol, or drug problems, where patients are residents (see Social Service) Assisted living facility, boarding, rooming or lodging facilities, fraternity, sorority, student dormitory, nursing home, full-time convalescent, hospice, residential care facility (see Group Living) Uses providing care, protection, and supervision of children or adults on a regular basis away from their primary residence. Care is typically provided to a given individual for fewer than 18 hours each day, although the facility may be open 24 hours each day. Principal Uses Adult Day Care Center Child Care Center Drop -in Child Care Center Intermediate Childcare Nursery School, Preschool Accessory Uses Uses Not Included . _ ........ Associated office _. Counseling in an office setting (see Domestic Television and Office) Radio Mast Type Antennas, On site day care facility operated in and Satellite Earth Station connection with a business or (Dish) Antennas other principal use where children Food preparation or dining are cared for while parents or area guardians are occupied on the Health, arts and crafts, and premises (see appropriate therapy area category under Accessory Uses) Indoor or outdoor recreation facility Chapter 118: Page 64 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 3. Educational Facility Public and private (including charter or religious) schools at the primary, elementary, middle, junior high, or high school level that provide basic academic education. Also includes colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree usually in a campus setting. Principal Uses fp -Accesso Uses ..... __ ....... .. _. .... Academy (special training) _. . .............. Associated office College, community college, Auditorium, theater university Domestic Television and Radio Mast - Seminary Type Antennas, and Satellite Earth School, public or private (K Station (Dish) Antennas 12) Before- and after -school day care School, trade, driving, Dormitory, housing for students or medical, nursing, faculty vocational, business Food preparation or dining area Health facility Laboratory, library, museum ( Janitorial facility Meeting area Play area, recreational or sports facility Research, noncommercial, scientific, educational Student center or club Student unions and faculty centers Support commercial (college - operated bookstore, for example) 4. Medical Facility Uses Not Included Dance, art, martial arts, music or photographic studio or classroom (see Retail Sales & Service) Nursery school, preschool (see Day Care) Indoor sports academy (see Indoor Recreation) Uses providing medical or surgical care to patients. Some uses may offer overnight care. ...... .... ... _. Principal Uses Accessory Uses Uses Not Included Ambulatory surgery center, 3 Associated helicopter landing facility _ = Alcohol abuse, drug rehabilitation outpatient clinic Associated office treatment, alternative- or post - Blood plasma donation I Chapel, ancillary worship space incarceration facility, transitional center, plasmapheresis ; Domestic Television and Radio Mast- home, halfway house, center Type Antennas, and Satellite Earth detoxification center, exclusive Hospital, medical center Station (Dish) Antennas care and treatment for psychiatric, Medical, dental laboratory On -site day care where children are alcohol, or drug problems, where Medical, dental clinic cared for while parents or patients are residents, psychiatric Medical, dental office, guardians are occupied on the institution, sanatorium, chiropractor premises rehabilitative clinic (see Social Food preparation or dining area Service) Housing for staff or trainees Pharmacy, urgent care or Limited retail sales (internal) emergency medical office (see I Janitorial facility Retail Sales and Service) Meeting area I Nursing or medical school Pharmacy Recreational facility Research, noncommercial, scientific, educational Teaching facility Temporary housing for relatives of patients Chapter 118: Page 65 ORDINANCE NO. 3422 5. 6. Park and Open Space CHAPTER 118. LAND USE REGULATIONS Uses focusing on natural areas consisting mostly of vegetation, passive or active outdoor recreation areas, or community gardens, and having few structures. Principal Uses Conservation management activity, conservation or preserve area, wildlife preserve Game preserve, wildlife management area, refuge, animal sanctuary Municipal wellfield Park, recreation field Passive recreation, recreational shelter, gazebo, nature observation platform Public land of scenic or natural beauty Public or private beach Water conservation land such as aquifer recharge area, flowway, flood prone area, well field, and water management facility Wetland and upland mitigation area and bank, mitigation maintenance activity Reservoir, control structure, drainage well, water supply water well Passenger Terminal Accessory Uses _ . ... .... _._ Alcoholic beverage sales for consumption on the premises only in conjunction with the recreational facilities, grounds and parks Campground (public park only) Concession Maintenance facility Play equipment Restaurants and indoor retail sales in conjunction with a recreational facility and golf course. Single residential unit for caretaker or security purposes Swimming pool, tennis court, ballfield Hiking trails, pedestrian/golf cart boardwalks and bridges, nature trails (elevated and at grade) and interpretative signage, biking and riding trails, and other such facilities constructed for the purpose of passage through or enjoyment of the site's natural attributes, subject to approval by permitting agencies Temporary construction access road ....... . Uses Not Included _._. ... . _... .. _...__ Campground (private), golf course, country club, clubhouse, batting cage, golf driving range, mini - amusement park, miniature golf facility, water park (see Outdoor Recreation) Crematorium (see Light Industrial) Athletic field (see Outdoor Recreation) Public or commercial facilities for the takeoff and landing of airplanes and helicopters, and terminals for taxi, rail or bus service. Principal Uses Airport, Heliport Bus, Train Passenger Terminal Taxicab Dispatch Station, Limousine Service, Charter Service Accessory Uses Associated office Concession Food preparation or dining area Domestic Television and Radio Mast -Type Antennas, and Satellite Earth Station (Dish) Antennas Freight handling area Fueling facility Janitorial facility Limited retail sales (internal) Maintenance facility Park -and -ride facility i Uses Not Included Freight, distribution facility, parcel service (see Warehouse and Distribution) Helicopter landing facility accessory ` to another use (see Agriculture, Medical Facility) i Chapter 118: Page 66 ORDINANCE NO. 3422 CHAPTER 1i0.LAND USE REGULATIONS 7. Place mfWorship Places ofassembly that provide meeting areas for religious Accessory Uses Uses Not Included __ — ---'----'-'n-"'g-- | ---1-'- | ' temple, chapel QL Social Service Uomo that primarily provide treatment of those with oovchiatric, olcoho, or drug problems, and transient housing related to social service programs. ��� Principal Uses - - -----��������� 1 Accessory Uses Uses Not Included I cohol abuse, drug rehabilitation Adult educational facility Assisted living facility, boarding, treatment Associated office rooming or lodging facilities, Alternative- or post -incarceration Domestic Television and Radio fraternity, sorority, student facility, transitional home, Mast -Type Antennas, and dormitory, nursing home, full-time halfway house Satellite Earth Station v,mv convalescent, hospice, � Detoxification center Antennas i care facility ' Exclusive care and treatment for Food preparation o,dining I Detention center, jail, prison (see psychiatric, alcohol, ordrug area Light Industrial) problems, where patients are Meeting room School, public orprivate, K,12(see ! residents On -site day care where / Educational Facility) Psychiatric institution children are cared for while Rehabilitative clinic parents u,guardians are Social service facility, soup kitchen, occupied onthe premises ` transient lodging n,shelter for |Staff residences located on - the homa|oao | site � | Chapter 118: Page 67 ORDINANCE NO. 3422 Utilities CHAPTER 118. LAND USE REGULATIONS Public or private infrastructure serving a limited area with no on -site personnel (Minor Utility) or the general community and possibly having on -site personnel (Major Utility). Principal Uses Accessory Uses Uses Not Included Minor utilities, including on -site Control, monitoring, data or Landfill (see Waste -Related Service) stormwater retention or transmission equipment Utility office, radio, TV, recording detention facility, neighborhood- Storage studio (see Office) serving telephone Reservoir, control structure, exchange/switching center, gas drainage well, water supply water or electric installation/ well (see Park and Open Space) transmission, water and wastewater pump station or lift station, gas gates Major utilities, including aeration facility, artesian well, electrical substation, electric or gas generation plant, filter bed, railroad right-of-way (new), transmission tower, waste treatment plant, water pumping facility, water tower or tank Radio, telephone, and television transmission towers and facilities (commercial) Commercial Wireless Telecommunication Facility ................. . D. Commercial Use Categories 1. Indoor Recreation Generally commercial uses, varying in size, providing daily or regularly scheduled recreation -oriented activities in an indoor setting. Principal Uses Adult entertainment establishment Auditorium, arena, stadium, indoor athletic, tennis, swim or health club Ballroom, dancehall Bar, tavern, cocktail lounge, F nightclub, restaurant with entertainment, bottle club Convention center Gymnastic facility, indoor sports ` academy Lodge, membership club Indoor entertainment activity such as pool hall, billiard hall, bowling alley, amusement arcade, swimming pool Indoor shooting range Physical education center ? Movie or other theater Skating rink Accessory Uses .__.._____ ..__ r.,.___..__ Associated office Concession Domestic Television and Radio Mast -Type Antennas, and Satellite Earth Station (Dish) Antennas Food preparation or dining area Off-street parking Pro shop or sales of goods related to the on -site activities of the specific use ........ _ .. Uses Not Included Community recreational facility, non- profit (see Community Service) Dance, martial arts, music, art or photographic studio or classroom (see Retail Sales and Service) Outdoor entertainment activity such as batting cage, golf driving range, mini -amusement park, miniature golf facility, water park (see Outdoor Recreation) Restaurant with sale of alcoholic beverages, brew pub (see Restaurant) Chapter 118: Page 68 ORDINANCE NO. 3422 2. Office CHAPTER 118. LAND USE REGULATIONS Activities conducted in an office setting and generally focusing on business, government, professional, medical or financial services. _ ......a... Principal Uses m_ ............._. __ .__...... _.....__ _._... Accessory Uses _......_ ....._ ....... Uses Not Included F Offices including advertising, ...................... _._ .. __ ...._....... Ancillary indoor storage Contractors storage including business management Domestic Television and Radio janitorial and building consulting, data processing, Mast -Type Antennas, and maintenance service, collection agency, real estate or Satellite Earth Station (Dish) exterminator, or other insurance agent, professional Antennas maintenance yard or facility, service such as lawyer, Food preparation or dining area building, heating, plumbing, accountant, bookkeeper, Health facility I landscaping or electrical engineer, architect, sales office, Janitorial facilityI contractor and others who perform travel agency Meeting room services off -site, but store Detective agency On -site day care where children equipment and materials or Financial services such as lender, are cared for while parents or j perform fabrication or similar work [ investment or brokerage house, guardians are occupied on the on -site (see Light Industrial) Call center premises Bulk mailing service (see Light Counseling in an office setting Other amenity for the use of on -site 9 Industrial) Government office employees ! Mail-order house (see Wholesale Radio, TV or recording studio Limited retail sales (internal) Trade) Utility office Technical library Medical, dental office or chiropractor (see Medical Facility) Research, testing, and development laboratory (Light Industrial) i Urgent care or emergency medical office (see Retail Sales and Service) 3. Outdoor Recreation Generally commercial uses, recreation -oriented activities. number of outdoor structures. Principal Uses ......... Amusement parks Arena, stadium, outdoor auditorium Athletic field, track Drive-in theater Campground, travel trailer park, recreational vehicle park Commercial amphitheater Executive par three golf course Extreme sports such as paintball, BMX facility or skateboarding facility Golf course, tennis, country club, clubhouse Outdoor entertainment activity such as batting cage, golf driving range, mini -amusement park, miniature golf facility, water park Horse stable, riding academy Outdoor shooting range Sports academy for active recreational or competitive sports varying in size, providing daily or regularly scheduled Such activities may take place wholly outdoors or within a Accessory Uses Uses Not Included Associated office Athletic, tennis, swim or health club Caretaker or security person (see Indoor Recreation) housing Botanical garden, nature preserve, Classroom recreational trail, park, recreation Clubhouse field (see Park and Open Space) Concession Indoor entertainment activity such Domestic Television and Radio as pool hall, bowling alley, game Mast Type Antennas, and arcade (see Indoor Recreation) Satellite Earth Station (Dish) Antennas Food preparation or dining area Jogging, hiking, fitness and other types of trails Limited retail sales (internal) Maintenance facility On -site day care where children are cared for while parents or guardians are occupied on the premises Pro shop or sales of goods related to the on -site activities of the specific use Chapter 118: Page 69 ORDINANCE NO. 3422 4. 5. Cil Overnight Lodging CHAPTER 118. LAND USE REGULATIONS Accommodations arranged for short term stays of less than 30 days for rent or lease. Princi11 pal -11 Uses I Hotel, motel, inn, extended stay facility, bed and breakfast, youth hostel Parking Accessory Uses Associated office Bar, tavem, cocktail Lounge, nightclub, restaurant with entertainment Domestic Television and Radio Mast -Type Antennas, and Satellite Earth Station (Dish) Antennas Food preparation or dining area Laundry facility Meeting facility Restaurant Swimming pool, other recreational facility r__ _ _.�.. Uses Not Included Boarding, Rooming or Lodging Facility (see Group Living) Campground (private), travel trailer park, recreational vehicle park (see Outdoor Recreation) Convention center (see Indoor Recreation) Facilities that provide parking not accessory to a principal use, for which a fee may or may not be charged. Principal Uses Accessory Uses Uses Not Included . �....__. _. Mixed parking lot (partially ? Structure intended to shield parking Bus barn (see Warehouse and accessory to a principal use, attendants from the weather Distribution) partly to rent to others), short- Sale or servicing of vehicles (see and long-term fee parking facility ? Vehicle Sales and Service) Park -and -ride facility Parking lot, surface Parking lot, garage Restaurant Establishments that prepare and sell food for on- or off -premise consumption. Principal Uses _ Accessory Uses Cafeteria _........ ........ Associated office Delicatessen Domestic Television and Pizza delivery facility Radio Mast -Type Restaurant, fast-food restaurant, Antennas, and Satellite take-out, yogurt or ice cream Earth Station (Dish) shop Outdoor seating or dining Restaurant with sale of alcoholic (see 18.402 of the City beverages, brew pub Code) Restaurant, drive-in Drive -through pickup window [ Uses Not Included Bar, tavern, cocktail lounge, nightclub, restaurant with entertainment, bottle club (see Indoor Recreation) Catering establishment (see Retail Sales and Service or Light Industrial) Chapter 118: Page 70 ORDINANCE NO. 3422 7. Retail Sales and Service CHAPTER 118. LAND USE REGULATIONS Companies or individuals involved in the sale, lease, or rental of new or used products, or providing personal services or repair services to the general public. Principal Uses Sales -Oriented Store selling, leasing or renting consumer, home, and business goods including but not limited to alcoholic beverages, antiques, appliances, art, art supplies, baked goods, bicycles, books, building supplies, cameras, carpet and floor coverings, crafts, clothing, computers, computer supplies, convenience goods, dry goods, electronic equipment, fabric, flowers, fruits, furniture, garden supplies, gifts or novelties, groceries, hardware, home improvement, household products, jewelry, medical supplies, music, musical instruments, pets, pet supplies, pharmaceuticals, photo finishing, picture frames, plants, postal substation, printed materials, produce, souvenirs, sporting goods, stationery, tobacco, used or secondhand goods, vegetables, videos, and related products Auction room, auction house Art or photo studio, gallery Butcher, baker Pawnshop Convenience store with gas pumps, gas station Convenience store without gas pumps Greenhouse or nursery, commercial, garden center Flea market Vehicle parts and accessories Wholesale club Service -Oriented Bank, animal grooming, animal hospital, veterinary clinic, pet clinic, animal boarding, animal shelter, kennel, doggy day care, dance, martial arts, music studio or classroom Catering establishment, small-scale Cleaning establishment, small-scale Dry-cleaning or laundry drop-off facility, laundromat, cleaning, pickup station, coin operated pickup station Funeral home or mortuary, undertaking establishment Hair, nail, tanning, massage therapy and personal care service, barber or beauty shop Photocopy, blueprint, package shipping and quick -sign service, printing and publishing Photoengraving, post office, travel, ticket agency Security service, taxidermist Tattoo shop, palmist, psychic, medium, massage parlor, body piercing Urgent care or emergency medical office Repair -Oriented Appliance, bicycle, canvas product, clock, computer, jewelry, musical instrument, office equipment, radio, shoe, television or watch repair, tailor, milliner, upholsterer, seamstress Gunsmith, locksmith ..................... Accessory Uses Associated office Automatic one bay car wash facility Domestic Television and Radio Mast -Type Antennas, and Satellite Earth Station (Dish) Antennas Food preparation or dining area On -site day care where children are cared for while parents or guardians are occupied on the premises Repackaging of goods for on -site sale Storage of goods Drive -through pickup window Uses Not Included Adult Entertainment (see ( Indoor Recreation) Bar, tavern, cocktail lounge, nightclub, restaurant with entertainment (see Indoor Recreation) Catering establishment (see Retail Sales and Service or Light Industrial) Crematorium (see Light Industrial) Drop -in child care center (see Day Care) Full- or self-service vehicle wash (see Vehicle Sales and Service) Indoor recreation activity such as pool hall, bowling alley, game arcade (see Indoor Recreation) Laundry or dry-cleaning plant (see Light Industrial) Outdoor recreation activity such as batting cage, golf driving range, mini - amusement park, miniature golf facility, water park (see Outdoor Recreation) Pizza delivery facility; restaurant, fast-food restaurant, take-out, yogurt or ice cream shop, restaurant with sale of alcoholic beverages, brew pub, restaurant, drive-in (see Restaurant) Vehicle sales, repair or service (see Vehicle Sales and Service) Wholesale of food, clothing, auto parts, building hardware, wholesale display, wholesale establishment (see Wholesale Trade) Chapter 118: Page 71 ORDINANCE NO. 3422 8. Self -Service Storage CHAPTER 118. LAND USE REGULATIONS Facilities providing separate storage areas for personal or business use designed to allow private access by the tenant for storing or removing personal property. Principal Uses Warehouse, self-service, mini - storage Warehouse, self-service, fully enclosed indoor multi -story storage Accessory Uses Associated office Domestic Television and Radio Mast -Type Antennas, and Satellite Earth Station (Dish) Antennas Storage of boats and campers Caretaker or security person unit Uses Not Included _._ _ Bulk storage, including nonflammable liquids, cold storage plants, including frozen food lockers, household moving and general freight storage, separate warehouse used by retail store such as furniture or appliance store (see Warehouse and Distribution) Contractors storage including janitorial and building maintenance service, exterminator, or other maintenance yard or facility, building, heating, plumbing, landscaping or electrical contractor and others who perform services off -site, but store equipment and materials or perform fabrication or similar work on -site (see Light Industrial) Recycling facility including recyclable material storage, including construction material (see Waste -Related Services) Rental of light or medium trucks (see Vehicle Sales and Service) Chapter 118: Page 72 ORDINANCE NO. 3422 9. Vehicle Sales and Service CHAPTER 118. LAND USE REGULATIONS Direct sales of and service to passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles, boats, and recreational vehicles. Uses classified as vehicle service involve services provided while the customer waits, same day pick-up of the vehicle or customers leaving a vehicle on -site for less than 24 consecutive hours. Principal Uses Full- or self-service vehicle wash Manufactured housing sales Vehicle service including audio and alarm system installation, custom accessories (window tint, stripe, luggage rack, molding, bumpers) quick lubrication facilities, battery sales and installation, auto detailing, minor scratch and dent repair, bedliner installation, hand and foot control installation, glass repair/replacement provided such all activity is within a completely enclosed building (no open service bays, doors, or windows); tire sales and mounting. Vehicle repair including A/C replacement A/C servicing, alignment shop, auto body shop, auto upholstery shop, repair of cars, trucks, RVs and boats, towing service, repair of brakes/shocks, mufflers, transmissions, engine replacement/overhaul, trucks service exceeds 3/4 ton, truck service tune up Vehicle sales, rental, or leasing including passenger vehicles, motorcycles, trucks, boats, and other recreational vehicles, unattended vehicle sales lot, car rental auto leasing, over the road trailer leasing, auction vehicle, broker vehicle, pawn shop vehicle 10. Water -Oriented Accessory Uses AssoGated office Domestic Television and Radio Mast -Type Antennas, and Satellite Earth Station (Dish) Antennas Sale of parts Single -bay, automatic car wash Towing Vehicle fueling Vehicle storage Uses that require direct access to navigable waters. Uses Not Included Earth moving and heavy construction and transportation equipment (see Heavy Industrial) Retail or wholesale sales of agriculturally -related supplies and equipment (see Agriculture) Vehicle parts sale as a principal use (see Retail Sales and Service) Principal Uses Accessory Uses Uses Not Included Boat livery Selling, leasing or rental of I Water park (see Outdoor Dock or pier (commercial) covered or uncovered boat Recreation) Dry storage of boats slips or dock space, dry Ferry/water taxi storage space, boats and Marina boat motors, marine fuel and Wet storage of boats (commercial) lubricants, bait and fishing [ equipment Repair and maintenance of boats and boat motors On -shore restaurants Small boat hauling or launching j facility [ Chapter 118: Page 73 ORDINANCE NO. 3422 E. Industrial Use Categories 1. Wholesale Trade CHAPTER 118. LAND USE REGULATIONS Firms or individuals involved in the sale, lease, or rent of products to industrial, institutional or commercial businesses only. The uses emphasize on -site sales or order -taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are not permitted. Products may be picked up on -site or delivered to the customer. Principal Uses Mail-order house Sale or rental of machinery, equipment, heavy equipment, building materials, special trade tools, welding supplies, machine parts, electrical supplies, plumbing supplies, janitorial supplies, restaurant equipment, and store fixtures Wholesale of food, clothing, auto parts, building hardware Wholesale display Wholesale establishment ......... Accessory Uses Associated office Food preparation or dining area Domestic Television and Radio Mast -Type Antennas, and F Satellite Earth Station (Dish) Antennas Minor fabrication services On -site day care where children are cared for while parents or guardians are occupied on the premises Repackaging of goods Warehouse Uses Not Included Earth moving and heavy construction and transportation equipment (see Heavy Industrial) Retail or wholesale sales of agriculturally -related supplies and equipment (see Agriculture) Vehicle parts sale as a principal use (see Retail Sales and Service) Chapter 118: Page 74 ORDINANCE NO. 3422 2. Light Industrial CHAPTER 118. LAND USE REGULATIONS Firms engaged in the manufacturing, assembly, repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products mainly by providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off -site. Few customers, especially the general public, come to the site. Principal Uses ..... _.... Aluminum screening fabrication Armory, brewery, winery, bottling plant, bulk mailing service, catering establishment, large-scale, movie production facility Clothing, textile or apparel manufacturing, boot and shoe manufacturing, garment factory Contractors storage (indoor/outdoor) including janitorial and building maintenance service, exterminator, or other maintenance yard or facility, building, heating, plumbing, landscaping or electrical contractor and others who perform services off -site, but store equipment and materials or perform fabrication or similar work on -site, lawn, tree or garden service Crematorium, detention center, jail, prison Laundry, dry-cleaning, and carpet cleaning plants, cleaning establishment, large-scale, Diaper service, linen supply Labor pool Leather and leather products except tanning and finishing, felt and fiber articles Light manufacturing or assembly of equipment, instruments, or goods including musical instruments, appliances, bedding, coated -ware, medical/dental goods, orthopedic, medical appliances, precision items, optical goods, surgical products, sporting goods, office and art supplies, pottery, ceramics, electrical equipmentlitems, glass products, paper products (except pulp mills) printing, publishing, and lithography, production of artwork and toys, sign -making, metal products, rope, cord, twine manufacture Repair of scientific or professional instruments, electric motors, electrical and refrigeration equipment, research, testing, and development laboratory Stone, day, concrete products Storage area used for manufacturing Trade school, heavy equipment, truck operators Welding, machine, tool repair shop, sheet metal shop, tool, die, and gauge manufacturing, metal stamping Woodworking, including cabinet makers and furniture manufacturing, lumberyard and wood products ........... .--- Accessory Uses Accessory medical clinic Associated office Domestic Television and Radio Mast -Type Antennas, and Satellite Earth Station (Dish) Antennas Food preparation or dining area On -site day care where children are cared for while parents or guardians are occupied on the premises Employee recreational facility On -site repair facility Residential unit for security purposes (single unit) Retail or wholesale sales of goods manufactured on - site Uses Not Included I Dredging, earth extraction, ( clearing or grading (timber cutting), extraction of phosphate or minerals, extraction of sand or gravel, borrow pit, metal, sand stone, gravel clay, mining and other related processing, stockpiling of sand, gravel, or other aggregate materials (see Resource Extraction) Recycling facility including recyclable material storage, including construction material (see Waste -Related Service) Outdoor storage yard (see Warehousing and Distribution) Sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures (see Wholesale Trade) Small-scale catering and laundry establishments (see Retail Sales and Service) Chapter 118: Page 75 ORDINANCE NO. 3422 3. Warehouse and Distribution CHAPTER 118. LAND USE REGULATIONS Firms involved in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer with little on -site sales activity to customers. ........ ............. __.............. Principal Uses Accessory Uses Freight, distribution facility, parcel service Bulk storage, including nonflammable liquids, cold storage plants, including frozen food lockers, household moving and general freight storage, separate warehouse used by retail store such as furniture or appliance store Bus barn Cartage and express facility Commercial packing for fruits and vegetables Drop yard Outdoor storage yard Postal distribution facility Railroad switching yard, freight terminal, piggyback yard Stockpiling of sand, gravel, or other aggregate materials Transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred Truck or motor freight terminal, service facility Warehouse, distribution facility Associated office Domestic Television and Radio Mast -Type Antennas, and Satellite Earth Station (Dish) Antennas Food preparation or dining area On -site day care where children are cared for while parents or guardians are occupied on the premises Employee recreational facility Outdoor storage yard Residential unit for security purposes (single unit) Truck fleet parking and maintenance area Uses Not Included Bulk storage of flammable liquids j (see Heavy Industrial) Warehouse, self-service, mini - storage Warehouse, indoor multi -story (see Self -Service Storage) Solid or liquid waste transfer station (see Waste -Related Service) Chapter 118: Page 76 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 4. Heavy Industrial Firms involved in research and development activities without light fabrication and assembly operations; limited industrial/manufacturing activities. The uses emphasize industrial businesses, and sale of heavier equipment. Factory production and industrial yards are located here. Sales to the general public are limited. Principal Uses I Asbestos and radioactive materials products Bulk storage of flammable liquids Chemical, cosmetics, drug, soap, paints, fertilizers and abrasive products Concentrate plant, processing of food and related products, production of lumber, tobacco, chemical, rubber, leather, clay, bone, paper, pulp, plastic, stone, or glass materials or products, production or fabrication of metals or metal products including enameling and galvanizing, batch plant Concrete batching and asphalt processing and manufacture, batch plant Dredging, earth extraction, clearing or grading (timber cutting) Earth moving and heavy construction equipment and transportation equipment Fabricated metal products and machinery Gypsum manufacture, linoleum manufacturing Foundry, forge plant Leather and leather products includes tanning and finishing Petroleum, liquefied petroleum gas and coal products and refining Primary metal manufacturing, electroplating, graphite Rubber and plastic products, rubber manufacturing Scrap metal processors Secondary materials dealers Tire recapping Tobacco products Transportation equipment Any use that is potentially dangerous, noxious or offensive to neighboring uses in the district or those who pass on public ways by reason of smoke, odor, noise, glare, fumes, gas, vibration, threat of fire or explosion, emission of particulate matter, interference with radio, television reception, radiation or any other likely cause; Acid manufacturing; Animal processing, packing, treating, and storage, livestock or poultry slaughtering, animal slaughter, stockyards, commercial feed lot; Creosote treatment or manufacturing; Explosives, fireworks , gunpowder; Extraction of phosphate or minerals, sand or gravel, borrow pit, mineral excavation or refining, slag or rock crushing; Fertilizing manufacturing; Impound lot, wrecker service includes city wreckers, auto storage, automobile dismantlers and recyclers, wrecking, junk or salvage yard; Poison or toxic gas manufacturing; Portland cement manufacturing; Sawmill, paper, pulp mill (see 118.3.3.D.3) Accessory Uses ...__. . _. _.. Associated office Food preparation or dining area Domestic Television and Radio Mast -Type Antennas, and Satellite Earth Station (Dish) Antennas Product repair Repackaging of goods Warehouse, storage Residential Unit for Security purposes (single unit) ........ Uses Not Included ........- Animal waste processing (see Waste -Related Service) Recycling facility including recyclable material storage, including construction material (see Waste - Related Service) Repair and service of motor vehicles, motorcycles, RVs, boats, and light and medium trucks (see Vehicle Sales and Service) Chapter 118: Page 77 ORDINANCE NO. 3422 5. Waste -Related Service CHAPTER 118. LAND USE REGULATIONS Characterized by uses that receive solid or liquid wastes from others for transfer to another location and uses that collect sanitary wastes or that manufacture or produce goods or energy from the composting of organic material. �......................v_.._. __... _...._ Principal Uses I Animal waste processing Garbage or refuse collection service (office and truck fleet) i. Landfill, sanitary Landfill, construction Municipal -owned horticulture recycling/processing Manufacture and production of goods from composting organic material Recycling facility including recyclable material storage, including construction material Recycling drop-off facility Solid or liquid waste transfer station Accessory Uses Associated office On -site refueling and repair Recycling of material Repackaging and shipment of by- products Uses Not Included ................... Stockpiling of sand, gravel, or other aggregate materials (see Resource Extraction) Chapter 118: Page 78 ORDINANCE NO. 3422 F. Open Use Categories 1. Agriculture Characterized by t animals and crops, production. CHAPTER 118. LAND USE REGULATIONS >es that create or preserve areas intended primarily for the raising of conservation, and the secondary industries associated with agricultural Principal Uses Aviary i Commercial fishing Animal raising including horses, hogs, cows, sheep, goats, and swine, poultry, rabbits, and other small animals, apiculture, aquaculture, dairying, personal or commercial animal breeding and development Crop, soil preparation, agricultural services, large animal and veterinary services Farm labor and management services Floriculture, horticulture, pasturage, row and field crops, i viticulture, tree or sod farm, silviculture Fish hatcheries and preserves Grain, fruit, field crop and vegetable cultivation and storage Hunting, trapping and game propagation Livestock, horse, dairy, poultry and egg products Livestock auction i Milk processing plant Packing house for fruits or j vegetables, orchards Poultry slaughtering and dressing Retail or wholesale sales of agriculturally -related supplies and equipment Timber tracts, forest nursery gathering of forest products Accessory Uses I Uses Not Included Aircraft landing field or Animal waste processing (see Waste - helicopter landing facility Related Service) (private) Animal processing, packing, treating, Associated offices and storage, livestock or poultry Auction ring slaughtering, concentrate plant, Barns, garages, sheds, silos, processing of food and related stables (noncommercial) products, production of lumber, Domestic Television and tobacco, chemical, rubber, leather, Radio Mast -Type Antennas, clay, bone, paper, pulp, plastic, and Satellite Earth Station stone, or glass materials or (Dish) Antennas products, production or fabrication Dock or pier (noncommercial) of metals or metal products Housing for ranch or farm including enameling and galvanizing labor, including manufactured (see Heavy Industrial) homes Botanical garden, nature preserve, Sale of agricultural products recreational trail, game preserve, U-pick facilities 1 wildlife management area, refuge, animal sanctuary (see Park and Open Space) Dredging, earth extraction, clearing or grading (timber cutting), extraction of phosphate or minerals, extraction of sand or gravel, borrow pit, metal, sand stone, gravel clay, mining and other related processing, stockpiling of sand, gravel, or other aggregate materials (see Resource Extraction) Greenhouse or nursery, commercial, garden center (see Retail Sales and Service) Horse stable, riding academy (see Outdoor Recreation) } E Chapter 118: Page 79 ORDINANCE NO. 3422 118.3.7 Outdoor Storage and Display A. Purpose CHAPTER 118. LAND USE REGULATIONS 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. B. Applicability Any merchandise, material or equipment situated outdoors in a commercial or industrial district shall be subject to the requirements of as set forth below. Outside storage and display shall not be permitted in a residential or open space district. 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 shall be subject to 118.3.3C.10, Vehicle Sales. 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 98.3.8). 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 fagade and shall extend no more than eight feet from the fagade. Chapter 118: Page 80 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 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 shall be fully screened from public view. b) All limited outdoor storage shall be located at least 15 feet from the public right-of-way and any abutting residential district. c) Limited outdoor storage shall be located in the rear yard. d) Limited outdoor storage may be located to the side of a building, provided it is not located within the required side yard. 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 Chapter 118: Page 81 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS merchandise, material or equipment. Special requirements have been established for Junkyards and Recycling Business Operations (see 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, eight -foot high visual barrier or screen, except where located abutting or across the street from a residential district. Such screening shall be high enough to completely conceal all outdoor storage from view. 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) No general outdoor storage shall be permitted in a front yard, corner side yard, or otherwise forward of the front building line. 6) General outdoor storage may be located in the side or rear yard. 7) No outdoor storage or display is permitted within any required buffer area or foundation planting area. 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. 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. B. In all residential and professional office districts, and all waterfront development districts, no fence or fence wall of solid construction shall be built or maintained above the height of 2'/2 feet from the average ground level in the front yard and on corner lots where the side is adjacent to a street, and between waterfront lines and the building setback lines as in the case of waterfront property. Along the rear and side lot lines, the height may not exceed six feet. C. In all districts, the 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. D. Ornamental iron fences and other decorative fences permitting visibility may be permitted along the front, side and rear property lines. The ornamental iron or decorative fence may be set in a block wall. The block wall, except support columns, shall not exceed a height of 2 1/2 feet from the average ground level. The height of the ornamental or decorative fence, including the block wall and support columns, shall not exceed six feet in height. Width of the columns shall not exceed 24 inches. Ornamental iron or decorative fences shall have a uniform void or open area of 70 percent of the total area to ensure visibility for motorists. Chapter 118: Page 82 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS E. 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. F. Wire fences of the chainlink type permitting visibility may be erected along the front, side and rear property lines, provided they do not exceed six feet in height. Chainlink and wire fencing is prohibited in the front yard and on corner lots where the side is adjacent to a street in the NRA , RS-E, RS-5 and RS-6 zoning districts. 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. 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. G. When a business use or industrial use elects to construct a fence, they must follow the above requirements; however, the height may not exceed eight feet. H. On waterfront property, chainlink fences may extend to the seawall and project three feet, zero inches, beyond. I. In all districts, no fence, except the chainlink type or other fence types with 70 percent visibility, wall, hedge or other obstruction to vision, between a height of two feet and nine feet above the centerline grades of intersecting streets, shall be located within 25 feet of the intersection of the right-of-way lines of two streets or railroads, or the intersection of a street right-of-way line with a railroad right-of-way line or driveway pavement edge. J. Deviations from these requirements may be considered for pre-existing sites where physical constraints or environmental concerns make compliance impossible. They 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 development services manager may approve the deviations with the consent of the public works director. Anyone aggrieved by the decision of the development services manager may appeal to the board of adjustments. 118.3.9 Refuse Disposal and Recycling Facilities 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. 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. Chapter 118: Page 83 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. b. The size or number of containers shall be determined by the volume of refuse. 7. HVAC, mechanical equipment and 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; or C. Dense vegetative hedge. 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. C. Administrative Deviations Deviations from these or any other code requirements may be considered for existing developments where physical constraints or environmental concerns make compliance impossible. They 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 development services manager may approve the deviations, with the consent of the public works director. Anyone aggrieved by the decision of the development services manager 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: Chapter 118: Page 84 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. 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). Chapter 118: Page 85 ORDINANCE NO. 3422 D. Additional Placement Restrictions CHAPTER 118. LAND USE REGULATIONS 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. 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. Chapter 118: Page 86 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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: Chapter 118: Page 87 ORDINANCE NO. 3422 CHAPTER 11 B. LAND USE REGULATIONS 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 development services manager for permitted structures, that the telecommunications equipment planned for the proposed tower cannot be 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 Number of Arrays Greater than 161 feet 3 101--161 feet 2 Less than 101 feet 1 b) Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. Chapter 118: Page 88 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. 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; Chapter 118: Page 89 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS L 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. 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 Chapter 118: Page 90 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS b. On sites with public streets on all sides, where towers may be placed within a side yard that abuts a local street. 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 ( Maxit um.Tight( Feist) Three or more levels 200 Two levels 160 One level 100 4. Towers mounted on existing buildings shall comply with the requirements of subsection O of this section. 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. Chapter 118: Page 91 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 The owner of a tower shall bi-annually file with the development services manager 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 development services manager 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 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 development services manager 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. Chapter 118: Page 92 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS O. 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 development services manager, 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 4 1/2 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 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 Chapter 118: Page 93 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 development services manager; 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. Chapter 118: Page 94 ORDINANCE NO. 3422 ARTICLE 4. OVERLAY DISTRICTS CHAPTER 118. LAND USE REGULATIONS 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 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 sec. 126-99. e. Prohibited signs: In addition to those signs prohibited in sec. 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 sec. 138-42(d) shall be located in front of the wall segments. The screening wall shall be PUBLIC HEARING DRAFT: 1/2/08 Chapter 118: Page 95 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS located 20 feet from the property line and at least 25 feet from intersections with driveways and other streets (See sec. 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. 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. A deviation shall be considered unique and shall not set precedent for others. Deviations shall not be granted unless a written application is submitted on forms provided by the city demonstrating each of the following: 1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings in the same district; 2) That granting the deviation is in the best interest of the public and promotes the general health, safety, and welfare of the neighborhood to be affected by the deviation; 3) That granting the deviation is based on need, hardship or physical constraint; and 4) That granting the deviation results in a project that better complies with the intent of the land development code. b. 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. The detailed betterment plan shall include the location and dimensions of all structures, parking areas, sidewalks, internal walkways, driveways, open space, landscaping, sign locations. A rendered drawing of all proposed signage and/or entry features must also be included. Chapter 118: Page 96 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 118.4.3 Cleveland Avenue A. U.S. 41 (Cleveland Avenue) design standards are as follows: 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 treatment/feature 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. Existing i Commercial Bldg. j /=6reen thin Front U.S. 41 Cleveland Ave. T i 4 i 9 RiLht-of- y fimL Chapter 118: Page 97 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS Table 1: Plant List Symbol Common Name Botanical Name Specifications TREES LJT Treeform Ligustrum japonicum Min. 6' ht., 3--4' spr., multi -trunk Li ustrum SM Mahogany Swietenia mahogani 45 gals., min. 10'--12' ht., 2" cal @ 12", 4'--5' s r. QL Laurel Oak Quercus laurifolia 45 gals., min. 10'--12' ht., min. 4'--5' s r. QV Live Oak Quercus vir iniana Min. 65 gals., 12'--14' ht. PR Pygmy Date Phoenix roebelenii Min. 25 gals., min. 4' ht. O.A., double, full rounded Palm form, specimen quality RR Royal Palm Roystonia regia Min. 14' O.A., matched ht. and appearance, greenwood, no scarred trunks SIP Sabal Palm Saba/ palmetto Staggered hts. 12'--18' O.A., booted, min. 7 fronds per head, full heads BN Bismark Palm Bismarckia nobilis Min. 25 gals., 4'--6' ht. silver WB Foxtail Palm Wod etia bifurcate FG 10'--14' O.A. VM Manila Palm Veitchia merrill FG 10' ht., SG., full heads SHRUBS CA Crinium Lily Crinium asiaticum Min. 7 gals., min. 30" O.A., symmetrical form, full heads, plant to first row of leaves Cl Cocplum Chrysobalanus icaco Min. 3 gals., 24" ht. X 24" spr., full foliage, full rounded appearance, 24" O.C. GG Thryallis Galphimia gracillis Min. 3 gals., 18" ht. X 24" spr., full foliage, full rounded appearance, 30" O.C. ING Ixora Nora Ixora nora grant Min. 3 gals., 24" ht. X 24" spr., full foliage, full Grant rounded appearance, 30" O.C. PS Fountain Pennisetum setaceum Min. 3 gals., 24" ht. X 24" spr., full foliage, full Grass rounded appearance, 30" O.C. RI Indian Rhapeolepsis indica Min. 1 gal., full rounded form, 24" O.C. Hawthorn GROUNDCOVERS AND ANNUALS JC Parsons Juniperus chinensis 1 gal., min. 4--5 runners, 12" spr., full rounded Juniper parsonii form, 18" O.C. LM Evergreen Liriope muscari 1 gal., 12" ht., full to edge of pot, full form, 12--14" Giant evergreen giant O.0 No sod is permitted in this area. On comer 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). Chapter 118: Page 98 ORDINANCE NO. 3422 10, Existing Sides e Yards( I I Existing Commercial Bldg. I Front Setback CHAPTER 118. LAND USE REGULATIONS Potential planting area (8 Palms/25 linear feet of side building wall) -' ``- W planting between U.5. 41 Cleveland Ave. 2 /,' to 9' If there is less than ten feet of land area between the building edge and property line, the right-of-way may be utilized to meet the three palm trees every 25 linear feet of the building side requirement, if approved by the public works administrator (see illustration below). Chapter 118: Page 99 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS Potential R.D.W. planting area Existing C M Commercial 0 Bldg.Q. e t Front Setback — Potential planting area where less than 10' existing side yord (3 Palmsl25 linear feet of side building wall) l i l I U. S. 41 Cleveland Aver No planting between 2 V2 ` to 9' 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 Chapter 118: Page 100 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS incorporated within a required landscape perimeter buffer or enhanced landscape areas. Shared pedestrian walkways are encouraged. 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. 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. 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 Chapter 118: Page 101 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. Three complete sets of the required materials meeting all other code provisions shall be submitted to the development services manager, with an explanation of hardship to justify deviation from the provisions of this section. Within ten business days of receipt, the development services manager shall schedule a meeting of a committee consisting of the development services manager, planning manager and parks and recreation director to review the application, considering the criteria of this section. The applicant shall be afforded an opportunity to attend said meeting and answer any question which may arise. The committee shall approve, approve with conditions, or deny the deviation request, giving written reasons for said denial and recommendations for changes needed to obtain approval within 14 business days of receipt of the committee meeting, or the application shall be deemed automatically approved. Reconsideration shall be given upon receipt of revised applications, or appeals may be taken to the board of adjustments. 118.4.4 Reserved for Dr. Martin Luther King Jr. Boulevard 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. Chapter 118: Page 102 ORDINANCE NO. 3422 118.4.8 Environmentally Sensitive Lands A. Intent and Purpose CHAPTER 118. LAND USE REGULATIONS 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 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. Chapter 118: Page 103 ORDINANCE NO. 3422 C. Establishment of Protection Zone CHAPTER 118. LAND USE REGULATIONS 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. Chapter 118: Page 104 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS Protection Zone Wellfield Protection Zones lVellheadpror-mion zones are 500' 1 adilj.t hxai n;j Flaridn Smhls Mai) A Chzkptoy 62-52 1 Z DR A V. 'gV 'gV 'gV F,gV Cortf-u) ST 1z" LRON Add, Feet 0 250 500 I'DW 17, liV ItA nw I.. It N bdi.1m —dft14by�—mwm'*d Fart RWwv .mfft. PIN, dv"--ya amrv �va owm*, wax arts'. 91u, w-MLAVE ftft— MD 2931 st". Ha€ea. ".,m V" RIPS M2 tb* Chapter 118: Page 105 ORDINANCE NO. 3422 ARTICLE 5. PLANNED DISTRICTS 118.5.1 Planned Unit Development A. Purpose and intent. CHAPTER 118. LAND USE REGULATIONS The planned unit development district (PUD) is created to provide an alternative method of land development not available within the framework of the other land use districts. The standards and procedures of this district are intended to promote flexibility of design and allow for planned diversification and integration of uses and structures while at the same time retaining in the city council the absolute authority to establish such limitations 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 a single parcel of land which is 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 except where they are expressly modified in the planned unit development approval. The planned unit development approval consists of the adopting ordinance and the development plan approved by the ordinance. Where there are conflicts between planned unit development provisions of the PUD approval and the general zoning, subdivision or other applicable regulations, those standards expressly adopted in the PUD approval, including the notes or drawings of the development plan, shall apply. Deviations may be requested by the applicant, but must be specified on the development plan and in the adopting ordinance, and approved by the city council. 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. In addition, the following minimum requirements shall apply: 1. Dimensional Requirements When area, dimensional and other standards are applied to a proposed planned unit development district, the nearest logical zoning district shall apply. When one or more zoning districts may apply, the most restrictive district shall apply. Where the proposed planned unit development varies from such requirements, the applicant's request shall state the specific deviations requested and the reason thereof. 2. Minimum Perimeter Setback Requirements Minimum perimeter setbacks applies to all buildings and structures and all areas used for parking of trucks or equipment, shipping, receiving or storage. Minimum perimeter setbacks Chapter 118: Page 106 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS from any residentially designated property under separate ownership shall be required as follows: Proposed Designation (when abutting residential district or use) Area of Proposed Site tH IL Cl CG PO Over 10 acres 600 300 200 100 50 5-10 acres 300 150 100 50 25 2-4.99 acres 100 90 80 50 30 Under 2 acres 50 50 40 20 20 NOTE: In no instance shall the perimeter setback for nonresidential uses abutting residential uses or designated areas be less than the required buffers. Chapter 118: Page 107 ORDINANCE NO. 3422 118.5.2 Mixed Use A. Scope CHAPTER 118. LAND USE REGULATIONS 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 Applicability The area zoned Eastwood Village Mixed Use is located west of Interstate-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. Chapter 118: Page 108 ORDINANCE NO. 3422 118.5.3 Master Development Plan A. Purpose and Intent CHAPTER 118. LAND USE REGULATIONS 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. 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 Chapter 118: Page 109 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 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 Chapter 118: Page 110 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 MDP. 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 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. Chapter 118: Page 111 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 A master development plan (MDP) conceptual master plan shall be approved for each property designated as MDP on the future land use map. The conceptual MDP 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 MDP 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 MDP 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 (DRI) 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 (MDP) 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 MDP 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 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 development services manager with the consent of the director, public works director and engineering division designee. A final MDP master plan may be submitted prior to, or concurrent with a request for preliminary plat approval pursuant to chapter 130. The final Chapter 118: Page 112 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 MDP master plan. Under this alternative, the final MDP master plan shall be consistent with the regulations of this division and will follow the procedures set forth in this subsection E. F. Final Master Development Plan Master Plan Review Process 1. If a landowner seeks administrative approval of a final master development plan (MDP) master plan pursuant to subsection D.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 MDP 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 MDP design review committee pursuant to subsection G. C. A copy of the approval issued by the MDP 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. Any other information reasonably requested by the development services manager with the consent of the director, 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 MDP 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 development services manager with the consent of the director, public works director and engineering division designee shall consider the MDP design review committee checklist and recommendations, the information and documentation submitted by the applicant, comments and recommendations from other city Chapter 118: Page 113 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS departments, and any comments received from property owners to whom notice was sent, and shall determine if the final MDP master plan meets the criteria as follows: a. The proposed development conforms to the MDP percentages of residential and nonresidential land use acreages. b. The proposed development is consistent with the density set for the MDP through the future land use map amendment. C. The proposed development is consistent with the requirements of this section. d. The final MDP master plan generally follows the pattern of land uses 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, 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 development services manager with the consent of the director, public works director and engineering division designee. f. Within 60 days of submission of a complete request for final MDP master plan approval, the development services manager with the consent of the director, public works director, and engineering division designee shall issue a written decision approving the final MDP master plan, approving the final MDP master plan with conditions, or denying the final MDP 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 (MDP) shall have a MDP design review committee. 2. If an MDP 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 MDP 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 MDP or at his option, a property owners association and/or community development district (CDD) designated by the developer may appoint the MDP design review committee members. 4. A MDP design review committee shall consist of three to five individuals with various areas of professional expertise relating to construction or design. 5. The MDP design review committee shall review the following: a. All final MDP master plans submitted to the city for review with a preliminary plat. Chapter 118: Page 114 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS b. All sign permits, building permits, final subdivision plats, and applications for administrative deviations. 6. Applications to be reviewed by the MDP 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 MDP design review committee. 7. MDP design review committee checklist. a. The MDP 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 MDP design review committee, shall be provided to the applicant for submission to the city. The MDP design review committee shall stamp plan sets attached to the checklist. 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; Chapter 118: Page 115 ORDINANCE NO. 3422 3) The number of hotel or motel units; CHAPTER 118. LAND USE REGULATIONS 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. 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. L 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: Chapter 118: Page 116 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. 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. 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. Chapter 118: Page 117 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS Within 30 days of submission of a complete request of an amendment to an approved final MDP master plan, the development services manager 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. Chapter 118: Page 118 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. 2. Each MDP shall provide a 20 percent minimum of both single-family and multiple family uses. 3. Proposed MDPs 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 MDP. 4. Proposed MDPs 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 MDP. 5. Proposed MDPs 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 MDP. 6. Proposed MDPs 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 MDP and surrounding residential developments. The large MDPs 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 MDP master plan. 2. Areas designated as residential on a MDP master plan may include a broad range of residential unit types and related accessory uses. At the applicant's option, the MDP 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. Chapter 118: Page 119 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. 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. Chapter 118: Page 120 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. 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. Chapter 118: Page 121 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 12) Swimming pools. 13) Tennis courts. 1. 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. 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Mnx S3 G» ion m c°ac m�m� c°'pc m�CcLO o o c\oap '__ ma�5 y Ana m cp E C.0 0 °' 0 �cn`omo oZ =� c Oro 'P- .v a mom°ca N 6 p C— m N U m = C r+ ` V M M M M f� pUaLL t —m o me N a) U N m a) a) (� .5 a_LL N �--2 > 2 m O V a) 2 L U a) a= m p) to C oac� ° J 0 •— LL co ao a0 NW'o 4) U C= C 'O w— ei C7CLO(D CDU Na)m °��.45 N°�o °moo t _o LO cn N cn OOD 2a� a) > aw U (c m T ;C U p C Y m E 0 a) O) a a 0 .a)) U N v1w °° c via NY Co c ... c 0 oCr 00 0 o c o 0 LL In cn M a O N a c00 M c� c0 U as O YU = a) Z U m a) U L a y U N ei N N m _ U aEmpc Q y w= 6 E .E O OmN C p= i 7r > VO ) O � Co m an) °N (U LL Q pOE m mO m m �c o Y 3 c° _ mUvvvo > rn OF-(1)LL0O.N� U LL fnQ mHH Q m �LL —=mv Z a� in a) m LL t a m t U ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 (MDP) 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 section 118.5.31.3, 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. 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. Chapter 118: Page 124 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. 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. Chapter 118: Page 125 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 10) Swimming pools. 11) Tennis courts. h. Conservation and water management facilities. L 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. Chapter 118: Page 126 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 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 118.5.31.3 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. L Commercial centers. j. Commercial, recreational uses. Chapter 118: Page 127 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 state that provides full medical and emergency care, has on -site security and a 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. 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). Chapter 118: Page 128 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. 5) Bookstores. 6) Florists. 7) Gift and souvenir shops. 8) Newsstands. Chapter 118: Page 129 ORDINANCE NO. 3422 9) Novelty shops. CHAPTER 118. LAND USE REGULATIONS 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. TABLE 2: DEVELOPMENT STANDARDS FOR VILLAGE CENTERS_ TOWN CENTERS AND OTHER USES Town Centers Village Centers, Club House, School, Recreational and Maintenance Facilities Minimum Lot Areas 10,000 square feet 10,000 square feet Minimum Lot Width 1 100 feet 100 feet Minimum Average Lot Depth 100 feet 80 feet Minimum Building Setback from an Arterial 25 feet 25 feet Front Yard Setback (Principal and Accessory Uses 20 feet 15 feet Side Yard Setback 12'/z feet or up to'h Sum of Adjacent Building Heights 12'/2 feet or up to 1/2 Sum of Adjacent Building Heights Rear Yard Setback 15 feet 15 feet Water Body Setback 10 feet 10 feet Maximum Building Height 2 75 feet 6 Stories 45 feet 3 Stories Distance Between Structures 20 feet or up to 1/2 Sum of Adjacent Building Heights 20 feet or up to 1/2 Sum of Adjacent Building Heights Maximum Building coverage(3) 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 MDP boundary which has permitted building heights of two stories or less, shall have a minimum setback of 100 feet from the MDP 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. O. 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 Chapter 118: Page 130 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. 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 Chapter 118: Page 131 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. 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. Chapter 118: Page 132 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 Chapter 118: Page 133 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS acreage within passive recreation areas, buffers and any lands designated conservation (CON) that are located within the MDP. V. Signage Generally 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 development services manager, 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. Chapter 118: Page 134 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 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 MDP 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. Chapter 118: Page 135 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 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. 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. 14. MDP and MDP community perimeter fences may exceed the height limitations set forth above. Chapter 118: Page 136 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 (MDP). 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 The master development plan (MDP) 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 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 development services manager with the consent of the director, public works director and engineering division designee. 4. Administrative deviations shall be granted only when the development services manager, 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 Chapter 118: Page 137 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 development services manager, 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 development services manager, 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. b. All applications for administrative deviations shall include a review fee for each administrative deviation application. Chapter 118: Page 138 ORDINANCE NO. 3422 ARTICLE 6. SPECIAL DEVELOPMENT AREAS 118.6.1 General Provisions A. Purpose and Intent CHAPTER 118. LAND USE REGULATIONS 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 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 section 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; Chapter 118: Page 139 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS C. Related accessory uses, structures, and facilities. 118.6.2 Sun City (Pelican Preserve) Fort Myers 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 Sun City Fort Myers Special Development Area. B. Interpretation 1. These provisions apply to the development of land within the property designated as the Sun City Fort Myers 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 Sun City Fort Myers Special Development Area will be reasonably and uniformly applied to all property within the city that is designated as the Sun City Fort Myers Special Development Area. C. Conceptual Master Plan 1. The development plan is for those lands described as follows: Description Parcel in Section 35, Township 44 South, Range 25 East and Sections 1 and 2, Township 45 South, Range 25 East Lee County, Florida A tract or parcel of land lying in Section 35, Township 44 South, Range 25 East, and Sections 1 and 2, Township 45 South, Range 25 East, in the county, which tract or parcel is described as follows: Chapter 118: Page 140 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS Beginning at the northwest corner of said Section 1, run N 89028'42" E along the north line of the northwest quarter of said Section 1 for 1,709.78 feet; thence run S 00°20'44" E for 5,288.72 feet to an intersection with the south line of the southwest quarter of said Section 1; thence run S 89°56'14" W along said south line for 1,660.72 feet to the southwest corner of said Section 1; thence run S 89°03'49" W along the south line of the southeast quarter of said Section 2 for 2,645.12 feet to the southwest corner of said southeast quarter; thence run S 89°03'49" W along the south line of the southwest quarter of said Section 2 for 476.16 feet to a point on a nontangent curve; thence run northerly along the arc of a curve to the left of radius 2,599.95 feet (chord bearing N 01 °38'43" W) (chord 200.13 feet) (delta 04°24'41 ") for 200.18 feet to a point of tangency; thence run N 03051'03" W for 959.31 feet to a point of curvature; thence run northerly and northeasterly along the arc of a curve to the right of radius 2,700.06 feet (chord bearing N 01 021'04" E) (chord 489.62 feet) (delta 10'24'15") for 490.30 feet to a point of tangency; thence run N 06033'12" E for 1,166.54 feet to a point of curvature; thence run northerly and northwesterly along the arc of a curve to the left of radius 1,100.00 feet (chord bearing N 14°58'12" W) (chord 807.14 feet) (delta 43002'48") for 826.44 feet to a point of tangency; thence run N 36029'36" W for 266.36 feet to a point of curvature; thence run northeasterly and northerly along the arc of a curve to the right of radius 1,900.00 feet (chord bearing N 17039'36" W) (chord 1,226.70 feet) (delta 37°40'00") for 1,249.07 feet to a point of tangency; thence run N 01010'24" E for 248.58 feet; thence run S 89025'36" W for 214.71 feet to an intersection with the easterly right-of-way line of Treeline Boulevard as described in the deed recorded in the Official Record Book 1529 at Page 412, in the county records; thence run N 00002'17" W along said easterly right-of-way line for 68.31 feet; thence run N 01 000'06" W along said easterly right-of-way line for 2,642.68 feet; thence run N W58'02" W along said easterly right-of-way line for 1,048.01 feet to an intersection with the southeasterly line of a road right-of-way as described in the deed recorded in the Official Record Book 2581 at Page 4060, in the county records; thence run northeasterly and northerly along said southeasterly right-of-way line along the arc of a curve to the left of radius 1,050.00 feet (chord bearing N 21 °16'16" E) (chord 749.55 feet) (delta 41 °49'25") for 766.46 feet to a point of tangency; thence run N 00°21'33" E along the easterly line of said right-of-way for 721.50 feet; thence run N\ 45021'33" E for 42.43 feet to an intersection with the south right-of-way line of Colonial Boulevard (State Road No. 884); thence run S 89038'27" E along said south right-of-way line for 2,224.05 feet; thence run S 02016'01" E for 1,168.38 feet; thence run N 89054'24" E for 1,324.86 feet to an intersection with the east line of the northeast quarter of said Section 35, Township 44 South, Range 25 East; thence run S 03°20'25" E along said east line for 1,284.37 feet to the southeast corner of said northeast quarter; thence run S W01'58" E along the east line of the southeast quarter of said Section 35 for 2,635.65 feet to the point of beginning, and containing 1,016.98 acres, more or less. 2. The development plan for those lands submitted as Sun City Fort Myers Special Development Area will generally follow the pattern of land uses as depicted on the conceptual master plan for the Sun City Fort Myers Special Development Area as shown on map A. The specific location of uses may be amended, switched, shifted or changed with administrative approval by the development services manager, with the consent of the planning manager and public works 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. 2984, the local development order for the Sun City Fort Myers 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. Chapter 118: Page 141 ORDINANCE NO. 3422 D. Definitions 1. Generally CHAPTER 118. LAND USE REGULATIONS 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. 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 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. Chapter 118: Page 142 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 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. (See appendix A.) 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. (See appendix A.) 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. (See appendix A.) 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. Chapter 118: Page 143 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. 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 Sun City 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, coffeeshop, 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 lot. 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 Sun City Fort Myers Special Chapter 118: Page 144 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 Sun City Fort Myers Special Development Area, and consists of four to ten individuals with various areas of professional expertise relating to development and design. Director means the development services manager of the city. The development services manager may delegate authority to the appropriate city personnel. 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 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 Chapter 118: Page 145 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 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. 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 lot. 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 District (GSD) 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. 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. Chapter 118: Page 146 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 development services manager, 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. 11. 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. Chapter 118: Page 147 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 Sun City Fort Myers 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 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. Chapter 118: Page 148 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 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 All developers or builders within the Sun City Fort Myers 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 Sun City Fort Myers Design Review Committee, which demonstrates the fact that the builder or developer submitted an application to the Sun City Fort Myers Design Review Committee (and the Gateway Services District if the proposed improvements will be conveyed to the Gateway Services District for ownership) and received approval from them prior to submittal to the city. It is the responsibility of the Sun City Fort Myers Design Review Committee to provide evidence of when the Gateway Services 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 Sun City Fort Myers 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. Chapter 118: Page 149 ORDINANCE NO. 3422 F. General Standards 1. Surface Water Management CHAPTER 118. LAND USE REGULATIONS a. Construction, operation, and maintenance of the water management system shall be conducted by the developer, its successor or assigns, the Gateway Services 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 Sun City Fort Myers 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 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 the Sun City Fort Myers Special Development Area shall be required to submit traffic information as outlined in the Sun City Fort Myers 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 Sun City Fort Myers and are reflected on map H of the Sun City Fort Myers 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 Chapter 118: Page 150 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 Sun City Fort Myers Special Development Area. The signage shall meet the safety requirements of the Manual of Uniform Control Devices, except as approved by the public works 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 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 Sun City Fort Myers property 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 the Sun City Fort Myers Special Development Area for the propagation of vegetation and landscape material, which will be installed within Sun City Fort Myers. 5. Model Units Model units and/or sales facilities intended to promote the sale of the units within Sun City Fort Myers are a permitted use in all zoning districts. 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. Sun City Fort Myers 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. Chapter 118: Page 151 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 Sun City Fort Myers Design Review Committee. b. Sun City Fort Myers shall maintain an express set of signage guidelines for the community. C. The Sun City Fort Myers Design Review Committee shall review all signage proposals within Sun City Fort Myers 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 Sun City Fort Myers Design Review Committee that a completed application for consideration of the signage proposal has been reviewed and approved by the Sun City Fort Myers 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. S. 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. e. The development services manager, with the consent of the planning manager and parks and beautification director, or public works director may authorize the use of barbed wire in conjunction with chainlink 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 may 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. Chapter 118: Page 152 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 Sun City Fort Myers Design Review Committee and is processed through the administrative deviation process. 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. Sun City Fort Myers Design Review Committee (SCFMDRC) 1. The Sun City Fort Myers Design Review Committee reviews all vertical and site development within the Sun City Fort Myers Special Development Area pursuant to established design review guidelines. The Gateway Services District shall review all site development within the Sun City Fort Myers Special Development Area pursuant to its criteria manual, if the proposed improvements will be conveyed to the Gateway Services District for ownership and maintenance. It is the responsibility of the Sun City Fort Myers Design Review Committee to provide evidence of when the Gateway Services District approval is required. 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 Sun City Fort Myers Design Review Committee. The Sun City Fort Myers 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 Sun City Fort Myers Design Review Committee, and signed and dated. Four sets of plans Chapter 118: Page 153 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS will be returned to the applicant to be used for submission to the city. If the approval from the Sun City Fort Myers Design Review Committee was a conditional approval, the plans will note the conditions, which will also be submitted to the city. 3. The Sun City Fort Myers 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. Walls and fences. m. Such other items as are necessary to evaluate consistency with the design review guidelines of this division. 4. The Sun City Fort Myers Design Review Committee shall create a checklist that includes all of the above items. The Sun City Fort Myers 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 Sun City Fort Myers Design Review Committee and provided to the applicant for submission to the city. 5. The Sun City Fort Myers Special Development Area as set forth in this division provides for administrative deviation requests. All requests for administrative deviations shall be submitted to the Sun City Fort Myers 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 Sun City Fort Myers Design Review Committee's review, and which explains that the request was considered by the Sun City Fort Myers Design Review Committee and their findings. Chapter 118: Page 154 ORDINANCE NO. 3422 H. Zoning Districts 1. Purpose and Intent CHAPTER 118. LAND USE REGULATIONS 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 A of the conceptual master plan. The proposed location and general development parameters shall be identified on map A of the conceptual master plan. 2. Conservation Area District (CO) 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 development services manager. 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. Chapter 118: Page 155 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. 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. Chapter 118: Page 156 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 21) Water management facilities. 22) Other similar uses when approved by the development services manager. 4. Single -Family Residential Attached and Detached Districts (SF) 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. Chapter 118: Page 157 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 15) Any other principal use or accessory use which is compatible in nature with the foregoing uses and which the development services manager 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) 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 development services manager 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. Chapter 118: Page 158 ORDINANCE NO. 3422 C. Residential District Regulations (See table A below.) CHAPTER 118. LAND USE REGULATIONS Table A: Residential Districts Regulations (SF and MF) District Sin le-Famil f Detached Single -Family Attached Multifamily Permitted Uses and Standards Single- Family Detached Patio and Zero Lot Line Two -Family and Duplex Single - Family Attached, Triplex and Townhouse Multifamily Dwellings, ALFs Category 1 2 3 4 5 Minimum lot area 6,500 SF 4,000 SF 2,500 SF *3 2,500 SF 20,000 AC Minimum lot width *4 50 30 35 30 100 Front yard *1 *2 20 20 20 20 20 Front yard for angled and side entry garage 15 10 10 10 15 Side yard *1 5 *5 7.5 0.5 BH 0.5 BH Rear yard principal 20 10 15 15 0.5 BH Rear yard accessory 10 5 10 10 15 Rear yardspecial *1 10 5 10 10 0.5 BH Maximum building hei ht 35 35 35 35 100 *7 Floor area min. SF 1,400 SF 600 SF 600 SF 600 SF 500 SF Building coverage max. 45% 45% 45% 45% 45% 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 Sun City Fort Myers Design Review Committee for side and rear yards for principal structures on lots which abut lake, open space, or reserve areas. With approval from Sun City Fort Myers 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. *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. b. 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: Chapter 118: Page 159 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. 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. Chapter 118: Page 160 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 development services manager 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. Chapter 118: Page 161 ORDINANCE NO. 3422 3) Bottle clubs. 4) Drive-in theaters. d. Development Regulations (See table B below.) CHAPTER 118. LAND USE REGULATIONS 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 development services manager, with the consent of the planning manager and public works 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 development services manager, the developer has the right to appeal the decision of the development services 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 (GC) a. Purpose and intent The purpose of the general commercial district (GC) 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 GC 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. Chapter 118: Page 162 ORDINANCE NO. 3422 7) Car washes. 8) Child care centers. 9) Churches. 10) Clubs, private. 11) Cocktail lounges or bars. CHAPTER 118. LAND USE REGULATIONS 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. 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. Chapter 118: Page 163 ORDINANCE NO. 3422 32) Medical offices. 33) Nursing homes. CHAPTER 118. LAND USE REGULATIONS 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. 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. Chapter 118: Page 164 ORDINANCE NO. 3422 51) Vehicle sales, and rentals. 52) Veterinarians. CHAPTER 118. LAND USE REGULATIONS 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 development services manager 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 (GC): 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.) Tahle g- Commercial District Regulations General Commercial Village Center Minimum area 20,000 square feet 10,000 square feet Minimum width feet 100 50 Minimum depth feet 150 100 Collector/arterial setback (feet) 50, plus 1 feet for every 2 feet over 50 feet 50, plus 1 feet for every 2 feet over 50 feet Local/private street setback feet 20 20 Parcel boundary setback (feet) 25, plus 1 feet for every 2 feet over 25 25, plus 1 feet for every 2 feet over 35 Minimum floor area(square feet 1,000 1,000 Maximum height 10 stories 5 stories 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 Chapter 118: Page 165 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 Lands caping Requirements Land Use CanopyType Plants Sub -Canopy Type Plants Shrubs Single-family lots 0.7 per 4,000 square feet 0.4 per 4,000 square feet 5 per 4,000 square feet Single-family corner 0.7 per 4,000 square feet, 0.4 per 4,000 square feet, 5 per 4 ,000 square feet, lots with 25% located within the with 25% located within the with 25% located within the required street side yard required street side yard required street side yard Multifamily lots 0.5 per 4,000 square feet 0.2 per 4,000 square feet 2 per 4,000 square feet 0.5 per 4,000 square feet, 0.2 per 4,000 square feet, 2 per 4,000 square feet, Multifamily comer lots with 25% located within the with 25% located within the with 25% located within the required street side yard required street side yard required street side yard Commercial/hotel/ALF 0.4 per 4,000 square feet 0.1 per 4,000 square feet 2 per 4,000 square feet Commercial/hotel/ALF 0.4 per 4,000 square feet, 0.1 per 4,000 square foot, 2 per 4,000 square foot, comer lots with 25% located within the with 25% located within the with 25% located within the required street side yard required street side yard required street side yard * See Sun City Fort Myers 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 Bufferyards 1) In General A landscape bufferyard shall be required along the entire perimeter of the proposed development whenever the development use abuts a different existing or permitted use. (See Sun City Fort Myers 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 Chapter 118: Page 166 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS ROW Any street right-of-way or easement 3) Types of Landscape Bufferyards The types of landscape bufferyards include the following: A B C D E F Minimum width 10, 20' 25' 30' 10, 10, Trees required 3 5 5 5 3 3 Shrubs required ' 12 24 28 30 15 15 Berm required (Type E buffer: berm and wall = 3' or 3' wall) (Type F buffer: berm and wall 6' or 6' wall M Required number of trees and shrubs per 100 linear feet. See canopy type plant or sub -canopy type plants for tree selection. 4) Required Bufferyards at Abutting Uses The required bufferyards at abutting uses include the following: 3FD SFA MF COM RVP SFD A B C SFA A B C MF A A B C COM B B B B RVP C C C B Parking F F F E I E * 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 1. Residential B 2. Commercial(general or village) A 3. Recreational vehicle park C 4. Off-street parking areas adjacent to nonresidential E 5. Off-street parking area adjacent to residential F The requirements for residential may be changed to type A landscape yard, if a perimeter wall or fence is constructed. Chapter 118: Page 167 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 Sun City 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 Sun City Boulevard shall comply with section 138-72. b) Listed below and on the following pages is the recommended Sun City Fort Myers Special Development Area landscape plant palette with minimum sizes. Plant species must be indicated on the landscape plan and submitted for review. Chapter 118. Page 168 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS Table C: Sun City Fort Myers Special Development Area Landscape Palette Chart --Specifications Canopy T Plants* Botanical Name Common Name Acer rubrum Red Maple Pinus elliottii "densa" Slash Pine *Quercus virginiana Live Oak *Quercus laurifolia Laurel Oak *Magnolia grandiflora Southern Magnolia Pelto horum pterocarpurn Yellow Poinciana Jacaranda mimosifolia Jacaranda Girdonia lasianthus Loblolly Bay Juni erus silicicola Southern Red Cedar Li uidambar styraciflua Sweet um Magnolia vir iniana Sweet Bay Platanus occidentalis Sycamore Ulmus American "floridana" Florida Elm Keolreuteria ele ans Golden Raintree *Saba) palmetto Cabbage Palm *S a rus romanzoffiana Queen Palm Washin tonic robusta Washington Palm * 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-CanopyTpe Plants* Botanical Name Common Name Podocarpus macro h Ilus Japanese Yew Nerium oleander Oleander M rica cerifera Wax Myrtle Callistemon spp. Bottle Brush Li ustrum s . Li ustrum Psidium littorale Cattley Guava La erstroemia indica Crave Myrtle M rsine guianensis M rsine Ilex cornuta "burfordii" Burford Holly Ilex cassine I Dahoon Holly Ilex o aca "East Palatka" East Palatka Holly Podocarpus gracilior Weeping Podocar us * 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* Botanical Name Common Name Li ustrum spp. Li ustrum Pittos orum tobira Pittos orum Philodendron selloum Green Split Leaf Philodendron Scheffiera arboricola Dwarf Scheffiera Ixora coccinea "Nora Grant' Nora Grant Ixora La erstroemia indica Crape Myrtle PodoGarpus macro h lla Japanese Yew Dracaena spp. Dracaena S z ium paniculata "corn acta" Eugenia M rica cerifera Wax Myrtle P rancantha coccinea Fire Thom Nerium oleander "Petite Pink" Dwarf Oleander Ilex glabra Gallberry M rsine guianensis M rsine Chapter 118: Page 169 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS Tri sacum dactylodies Fakahatchee Grass Viburnum odoratissimum Sweet Viburnum Viburnum sus ensum Sandankwa Viburnum Eleagnus pungens Silverthom Leuco h llum frutescens Texas Sa e Murra a paniculata I Orange Jasmine Ilex cornuta Dwarf Burford Holly Serenoa re ens I Saw Palmetto * 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 Qallons. 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 hei ht of this plant material is four feet upon installation. Botanical Name Common Name M rica cerifera Wax Myrtle Viburnum spp. Viburnum Podocar us macro h Ila PodoGarpus Li ustrum spp. Li ustrum S z ium paniculata Brush Cherry * 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. Administrative Deviations 1. The Sun City Fort Myers Special Development Area as set forth in this division provides for administrative deviation requests. All requests for administrative deviations shall be submitted to the Sun City Fort Myers 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 Sun City Fort Myers Design Review Committee's review, which shall explain what was considered by the Sun City Fort Myers Design Review Committee and their findings from this division. 2. Deviations from the provisions of this division may be administratively approved by the development services manager, with the consent of the public works director. 3. Administrative deviations shall be granted only when the development services manager and public works 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 Chapter 118: Page 170 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 development services manager, with the consent of the the public works 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 development services manager, with input 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 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. 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. Chapter 118: Page 171 ORDINANCE NO. 3422 C. Conceptual Master Plan CHAPTER 118. LAND USE REGULATIONS 1. The conceptual master plan is for those lands described as follows: THE FORUM 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 Immokalee 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 A 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 development services manager, with the consent of 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. 2002-56, the development order for the Forum Development of Regional Impact (DRI). 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 Development Area, and shall consist of four to 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. Chapter 118: Page 172 ORDINANCE NO. 3422 E. Forum Design Review Committee CHAPTER 118. LAND USE REGULATIONS 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. Building setbacks. j. Lighting. k. Type and location of accessory structures. Walls and fences. Chapter 118: Page 173 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 the Forum Design Review Committee and provided to the applicant for submission to the city. F. Supplemental Regulations 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 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 Chapter 118: Page 174 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 (CI). 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 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 (CI), 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 Chapter 118: Page 175 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 development services manager, with the consent of the public works director. 3. Administrative deviations shall be granted only when the development services manager 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. 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 Chapter 118: Page 176 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 development services manager, 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 development services manager, 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. 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. Chapter 118: Page 177 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 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. Chapter 118: Page 178 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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 Veronica S. Shoemaker 7. Marsh Avenue S. Boy Scout Drive 9. Omni Road 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. Chapter 118: Page 179 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. Chapter 118: Page 180 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS B. Neighborhood Redevelopment District 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. Chapter 118: Page 181 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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: 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.B.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, 75feet; 2) Depth, 100 feet; 3) Area, 7,500 square feet. Chapter 118: Page 182 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS b. All Other Uses 1) Width, 150feet; 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 12 1 /2 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 25 feet. 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. Chapter 118: Page 183 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 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. 118.7.6 Metal Panels Corrugated or V-crimp metal panels shall only be permitted for exterior walls in the Cl, IL, and IH districts. Chapter 118: Page 184 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 118.7.7 Public Art A. Purpose and Intent The purpose and intent of this article is to establish the framework for a comprehensive policy to promote the educational, cultural, economic and general welfare 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 fine art into private and public development that exhibits the highest quality of skill and aesthetic principles recognizing that the art will become integral, lasting components of the cityscape but 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. 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: Commercial building means any building or structure, all or part of which contains a commercial or industrial use permitted by this Code. Construction costs means the total value of all construction, reconstruction or addition work, excluding site work, on a commercial structure or building as determined by the chief building official in issuing a building permit for such construction, reconstruction or addition. Fine art means a work of art that is freestanding or free hanging in that it is not a structural part of a building or other structure, nor an architectural element on or in which the work of art is placed, installed, or affixed nor a mass-produced item with a standard design. Fine art includes, but is not limited to all forms of the visual arts conceived in any medium, materials or combination thereof, commissioned or purchased including those received as gifts to include: sculpture, stained glass, statues, monuments, wall hangings, tapestries, photographs, mosaics, mobiles, murals, etchings, engravings, carvings, fountains, and paintings. Private development means any private commercial, industrial or residential project to be paid for wholly or in part by the developer for the construction, reconstruction or addition, excluding site work, to any privately owned building or structure. Program allocation means the amount encouraged under section 118.7.7.C. Public art means works of fine art acquired, commissioned, designed, improved, installed, maintained, removed, repaired, or replaced by the public art committee. Public art collection means all works of fine art owned by the city, located on city property, or acquired, commissioned, designed, or placed by the public art committee. Public art committee means that committee created in section 98.2.6 of the land development code to administrate public art. Public art in lieu of contribution shall be reduced to one percent of the construction costs encouraged under subsection 118.7.7.0 as an incentive for private development to contribute to the public art fund for the placement of art throughout the city. Chapter 118: Page 185 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS Public development means any project to be paid for wholly or in part by the city, or county, or state regardless of the source of the monies, for the construction, reconstruction, or addition to any public building or structure. Reconstruction means alterations or repairs made to a commercial, industrial, public, or residential building or structure, excluding site work, within any 12-month period, which alterations or repairs exceed 50 percent of the value of the existing structure, so that such structure is required to conform to the requirements for new buildings pursuant to 98.4.5. Residential building means any building use permitted by the city Code. C. Contribution 1. Private and public developments, excluding site work, with a building construction value of $250,000.00 or more shall be encouraged to donate an amount of not less than 1 1/2 percent of such costs for acquisition and installation of fine art on the development site, but not to exceed the sum of $150,000.00 which amount shall be the program allocation to be paid at time of permitting. 2. An existing building that is remodeled with a construction value equal to or more than 50 percent of the replacement cost, excluding site work, and with replacement cost of $250,000.00 or more of the building shall be subject to this section. 3. Public and private development with construction value of $250,000.00 or more, to be accomplished in phases, shall be encouraged to contribute 1 1/2 percent of construction or reconstruction costs, excluding site work, not to exceed $150,000.00 for the entire phased project. 4. The contribution provided in this section shall apply to public and private development and single-family residential development of more than 25 lots, and multifamily residential development that create 50 or more residential units. 5. In lieu of acquisition and installation of public art on the private development site, an incentive will be provided through a reduction of the contribution to one percent to a private development that contributes a public art in -lieu contribution into the art fund, established by section 118.7.7.E for acquisition and installation of public art. 6. Subject to the approval of city council, a private development may incorporate fine art that has a value lower than the program allocation and pay a public art in -lieu contribution to the public art fund for the balance of the program allocation. D. Exemptions The following are exempted from the provisions of this article: 1. Lee County School District properties. 2. Single-family residential developments of less than 25 lots. 3. Multifamily residential developments of less than 50 residential units. Chapter 118: Page 186 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS E. Public Art Fund The city shall establish a special revenue fund designated the public art fund to collect in -lieu of contributions made pursuant to section 118.7.7.C.3., 4. and 5. and any and all other revenues appropriated to be equally distributed to all wards from which expenditures may be made in accordance with this article. The revenues in such fund shall be used solely for the following: 1. Acquisition, commission, design, installation, improvement, maintenance, replacement, repair, removal, administration and insurance of the public art collection administered by the public art committee identified by section 118.7.7.13; 2. Acquisition or improvement of real property for the purpose of displaying public art, which has been or may be subsequently approved by the public art committee; or 3. Endowments. The public art fund shall also be used as a deposit for endowments, gifts, bequests, grants or donations. Such sums may be expended as is provided in this section and for public art projects as approved by the public art committee. Chapter 118: Page 187 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS ARTICLE 8. DOWNTOWN SMART CODE 118.8.1 Generally A. Intent The smart code is an instrument for the implementation of the comprehensive plan and smart growth principles. Smart growth encourages: 1. Community development that is diverse, compact and walkable; 2. The protection of landscapes that are ecologically and culturally valuable; 3. The complex neighborhood unit as the basic increment of settlement; 4. Neighborhood size determined by a pedestrian shed small enough that most residents would walk to its center; 5. Retail for ordinary household needs within the neighborhood; workplaces, including those integrated with dwellings, available near the neighborhood; 6. The integration of housing types, suitable for younger and older persons, single households and families; 7. Balancing investment in transportation and civic infrastructure, towards the provision of civic open space and buildings; 8. Transportation options that include walking, cars, transit, and bicycles; 9. A fine-grained network of thoroughfares dispersing traffic and connecting to the regional system; 10. Thoroughfares conceived equitably for pedestrians, bicyclists and automobiles; 11. Building frontages that mask parking and support pedestrian activity. B. Terms and Definitions Terms used throughout this article shall take their commonly accepted meanings and as herein defined. The definitions may contain regulatory language that is integral to this article. In the event of conflicts between these definitions and those of Chapter 142 of the city Code, the definitions of this article shall take precedence. If a term is not defined by this article, then the definitions in Chapter 142 shall apply. Where no definition exists, Webster's Dictionary, current edition, shall apply. Adverse impact means the negative consequences of a use on surrounding areas, usually as a result of size, scale, noise, vibration, odor, traffic, pollution or anti -pedestrian quality. Consequences confined within the lot boundaries are not considered to create adverse impact. Allee means a walkway lined with trees or tall shrubs. Chapter 118: Page 188 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS Apartment means a dwelling unit sharing a building and a lot with other dwellings and/or uses. Apartments may be for rent or for sale as condominiums. Artisanal means premises used primarily for the manufacture and sale of artifacts, using only hand-held and/or table mounted electric tools. Attic means the area within the slope of a roof. An inhabited attic shall not be considered a story for purposes of determining building height. Backbuilding means a single story structure connecting a principal building to an outbuilding. See Diagram 1. Diagram 1 Block means the aggregate of lots, paths and passages, lanes and alleys, enclosed by other thoroughfares. See Diagram 2. Diagram 2 Block face means the aggregate of all the building facades on one side of a block. The block face provides the context for establishing architectural harmony. See Diagram 3. Building disposition means the placement of a building on its lot. Building frontage means the privately held layer in front of the building facade. The elements of building and landscape that are within a frontage are held to specific standards. The variables of private frontage are the depth of the setback and the combination of architectural elements such as fences, stoops, porches, and galleries. These elements influence social behavior in the public Chapter 118: Page 189 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS realm. The frontage layer may overlap the public streetscape in case of awnings, galleries and arcades. Building height means the vertical extent of a building measured in stories including parking structures but not including a raised basement, habitable attic, masts, belfries, clock towers, chimney flues, water tanks, elevator bulkheads and similar structures. Building type means the combination of certain physical constants defined by the relationship between height, disposition and use. Civic means only government owned, publicly used land that is intended to remain in public uses and ownership. Civic recreation means an open area dedicated for use by the public, typically for community gatherings. Commercial means the collective term for office and retail use. Density means the number of dwelling units within a standard measure of upland area owned by the applicant, such as units per acre. Director means the director of the community development department, or the director's designee. Dooryard and light court. See section 118.8.6.B.3 frontage table. Downtown means the downtown redevelopment area as illustrated in Diagram 7 herein. Elevation means the exterior walls and roof of a building. Enfront means the placing of an element along a frontage line, as in "porches enfront the street." Entrance, principal means the principal place of pedestrian entry to a building. In the support of pedestrian activity, the principal entrance should face the enfronting street rather than the parking. Facade means an exterior wall of a building that is set along a frontage line. Facades support the public realm and are subject to frontage requirements additional to those required of other elevations. See Diagram 4. Diagram 4 I -Frontage Line 2-Lot line 3•Fagade (front elevations) Flexhouse means a dwelling unit that contains, to a varying but limited extent, a commercial component. A Fexhouse is a fee simple unit on a lot served by an alley with the commercial component limited to the ground level. The size of the commercial component is limited by the required paved parking Chapter 118: Page 190 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS for the commercial area in addition to two parking places for the residential unit. The term "flexhouse" is synonymous with the term 'live -work unit." Floor area ratio (FAR) means the calculation determined by dividing the gross floor area of all floors within buildings on a lot by the area of that lot. See Diagram 5. Diaaram 5 e , 2-story 1-story Forecourt. See section 118.8.6.B.4. frontage table. Front yard. See section 118.8.6.B.1. frontage table. Frontage line means those lot lines that coincide with a public thoroughfare or a civic space. Those frontages on an A street shall be considered to be primary frontage lines. Facades along frontage lines define the public realm and are therefore more highly regulated than other elevations. For this reason, all frontage lines shall meet the facade treatment requirements to the greatest extent possible. See Diagram 4. Infill means a site within the existing urban fabric small enough to involve the design of only one or a few buildings. Institutional use means structures and related land used by organizations providing educational, social and recreational services to the community, and nonprofit organizations such as colleges and universities, elementary and secondary schools, community centers and clubs, civic and religious facilities, and museums. Civic uses, those structures and lands owned by government for public use, are excluded from this category. Institutional uses are permitted in all zoning districts within downtown redevelopment area. Land use district means that district as designated on the future land use map for the downtown and as further regulated by this article. The official zoning map districts for the downtown are identical to the future land use map districts for the downtown. Layer means the depth of the lot within which certain elements are permitted. See Diagram 6. Diagram 6 Liner building means a building specifically designed to mask a parking lot or a parking garage or other use or structure from a frontage. Its purpose is to enhance the pedestrian connection to the street. Chapter 118: Page 191 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS Lodging means premises available for daily and weekly renting of bedrooms. Lot line means the boundary that legally demarcates a lot. See Frontage line. See Diagram 2. Outbuilding means an ancillary building, usually located towards the rear of the lot, on the same lot as the principal building, sometimes connected to the principal building by a backbuilding. Parking structure means a building containing two or more stories of parking. Pedestrian shed means the average distance that may be traversed at an easy pace by a walk from its center to its edge. This distance is used to determine the outer limit of the neighborhood. This dimension is approximately one -quarter of a mile or 1,400 feet or a five-minute walk. Four pedestrian sheds cover the downtown - East, West, South, and the Core. The west pedestrian shed is centered on Edison Ford Square as a future neighborhood center; the east shed is located where Evans Avenue turns into Park Avenue; and the south shed where Dr. Martin Luther King, Jr. Boulevard and Hendry Street meet. The fourth pedestrian shed (core) is the heart of downtown. The center of the pedestrian shed in the core stretches out along an axis formed by the two principal pedestrian streets, First Street and Hendry Street. (See Diagram 7.) Diagram 7 Downtown Redevelopment Area and Pedestrian Shed Map Chapter 118: Page 192 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS Plan means the Downtown Fort Myers Plan, adopted by city council on April 7, 2003, as may be amended from time -to -time. Porch and fence. See section 118.8.6.B.2. frontage table. Primary/secondary grid means thoroughfare designations on the plan. Buildings on the primary grid are subject to all of the provisions of this Code. Buildings on the secondary grid are exempt from certain provisions. The term "primary grid" is synonymous with A Street, and the term "secondary grid" is synonymous with B Street. A list of A and B Streets is contained in section 118.8.6.H. Frontage lines are assigned only along thoroughfares that are required to provide an excellent pedestrian experience. Other thoroughfares are secondary and are therefore exempt from these requirements to allow for necessary open parking lots, unmasked parking decks, drive -through and hermetic building fronts. Principal building means the main building on a lot, always located towards the frontage. See Diagram 1. Public parking structure means a structure, either publicly or privately owned, providing parking spaces to the general public that are in excess of spaces otherwise required for development under this article. Residential means premises available for long-term habitation by means of ownership or rental, but excluding short-term renting. Retail frontage line means those frontage lines designated on the plan that are encouraged to provide a shopfront, making the ground level available for retail use. Shared parking standards means an alternative calculation of parking requirements, which may be applied when land uses have different parking demand patterns and are able to use the same parking spaces/areas throughout the day. Shared parking is most effective when these land uses have significantly different peak parking characteristics that vary by time of day, day of week, and/or season of the year. In these situations, shared parking strategies will result in fewer total parking spaces needed when compared to the total number of spaces needed for each land use or business separately. See section 118.8.61. Shopfront and awning. See section 118.8.6.B.6 frontage table. Stoop. See section 118.8.6.B.5 frontage table. Story means a habitable level within a building, or a level within a parking garage, from finished floor to finished ceiling. An attic or raised basement is not considered a story for the purposes of determining building height. Streetscape means the type and dimension of curbs, walks, planters, street trees and streetlights and the like. Streetwall means a decorative, opaque, freestanding wall interplanted with vegetation and built along the frontage line, or coplanar with the facade, often for the purpose of masking a parking lot from the street. Streetwalls shall be constructed at a height of 3.5 feet and of a material matching the adjacent building facade. Streetwalls may have openings no larger than necessary to allow automobile and pedestrian access. Terminated vista means a location at the axial conclusion of a thoroughfare. A building located at a terminated vista may be recommended to have an articulated facade. Chapter 118: Page 193 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS Transition line means a horizontal line, the full width of a facade, expressed by a material change or by a continuous horizontal articulation such as a cornice or a balcony. Uses permitted means the uses accommodated by a building and its lot within the zoning districts of this article. Uses are categorized as limited or open according to the intensity of the otherwise similar use. Uses, water dependent means marinas, yacht clubs, customer passenger boating, charter boats, boat ramps, and any related feature. Uses, water enhanced means resource based recreational use, restaurants, residential, hotel, motel and related features. Warrant means a variation from particular standards of the smart code that is justified by need, hardship or physical constraint. See 118.8.3. 118.8.2 Procedures A. Application of the Downtown Smart Code 1. Generally No building, structure, or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered, added to, or changed in use, except in conformity with the regulations for the land use district as designated on the future land use map in which such building, structure or land is located, except as follows: a. Where housing units within the downtown existing prior to December 9, 2003, are demolished by a natural disaster or an act of nature, replacement housing units may be permitted for the same number of units existing prior to the destruction, regardless of whether the number of units exceeds that eligible as bonus densities or whether the excess number of units meets bonus density standards under this article. The replacement units shall comply with the standards contained in the smart code and land development code as applicable. To obtain the replacement housing units, the property owner must obtain all building permits to construct within four years of demolition, commence construction within six months of building permit issuance, and complete construction within two years from the date of commencement. Failure of the property owner to meet the above time limitations shall preclude the use of the replacement housing units, and the owner shall be required to obtain approvals pursuant to this article as if all of the units were new housing units. b. Where housing units within the downtown existing prior to December 9, 2003, are demolished by the property owner, replacement housing units may be permitted for the same number of existing units. The replacement units shall comply with the standards contained in the smart code and land development code as applicable. To obtain the replacement housing units, the property owner must obtain building permits within six months from the date of demolition, commence construction within six months of building permit issuance, and must complete construction within two years of the date of commencement. Failure of the property owner to meet the above time limitations shall preclude the use of the replacement housing units, and the owner shall be required to obtain approvals pursuant to this article as if all of the units were new housing units. Chapter 118: Page 194 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 2. Conflict The provisions of this article when in conflict shall take precedence over other codes, ordinances, regulations and standards, except that those listed in section 118.8.4 shall remain in effect. Chapter 126, signs, and chapter 138, vegetation, except as noted herein, shall not apply to development in the downtown. Other requirements of the land development code or other applicable ordinances continue to be applicable only to issues not covered by this article, except where those would contradict the intent of this article. 3. Exemptions Items listed below shall be exempt from the requirements of this article and shall instead be reviewed for compliance with the requirements of the land development code. a. Interior remodeling only. b. Like replacement of materials and structures. C. Routine maintenance and repair. d. Single-family residential development, including additions. e. Historic rehabilitation and/or restoration in compliance with the Secretary of the Interior Standards, or the occupancy of a historic landmark or a contributing structure within the downtown historic district and Dean Park Historic District with a permitted use that proposes no additional square footage. f. Change in occupancy from one permitted use to another where no additional square footage is proposed. 4. Activation Provisions of this article shall be activated by "shall" when required, "should" when recommended, and "may" when optional. 5. Development Processes There shall be three development processes applicable to the downtown as established herein. Cf. Approval requiring review by the director pursuant to the site plan review process, with appeal to the city council. b. Approval pursuant to the site plan review process and with warrants approved by the director, with appeal to the city council. C. Approval through the planned unit development process, including projects that exceed standard heights or densities; projects that have adverse impact as defined by this article; and artisanal, district, institutional, civic and parking structure overlay uses. Chapter 118: Page 195 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS B. Review Process 1. Any application for development of a lot or building in the downtown pursuant to this article shall include a site plan in accordance with this section. a. Site Plan Application Requirements The site plan shall be prepared by a professional architect, engineer, certified planner or landscape architect. The community development department shall initiate review of a site plan application upon receipt of a complete application. Data furnished in the application shall be to scale and shall include the following information, unless waived in writing by the director: 1) Name and address of the record owners, the applicant, and the person preparing the site plan. 2) Location map. 3) Legal description and survey of the proposed site boundaries made and certified by a state registered land surveyor or engineer. The survey shall reflect any existing structures and paved areas. 4) Proposed land use, with indication of size, location and height of structures with approximate dimensions, setbacks, and landscaped yards. 5) Adjacent area information, including setbacks, existing land use and other pertinent information. 6) Vehicular circulation system, both on -site and off -site, with proposed access, which shall comply with city traffic engineering. 7) Pedestrian circulation system, on -site and off -site. 8) Lighting plan for street and development site. 9) The location of existing public utilities, including location of closest available water supply system or collection lines and fire hydrants; closest available wastewater collection system or collection lines; and existing provisions for the collection and discharge of surface drainage. 10) Gross acreage of uplands. 11) Number of dwelling units for residential uses only. 12) Square footage of ground covered by buildings or structures, pervious and impervious areas, and square footage and percentage of site for each. 13) Required and provided number of parking spaces. 14) Proposed location of sidewalks, curbs, gutters, water mains, sanitary sewers, storm drains, manholes, inlets, underground conduits, seawalls, and the size and shapes and types thereof; and the character, width and depth of pavement in sub -base of any roadways, access points or paths located within the proposed development Chapter 118: Page 196 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 15) Location and width of any proposed permanent utility easements. 16) All adjacent rights -of -way, with indication of centerline and width, paved width, existing median cuts and intersections, street light poles and utility company facilities. 17) Building separations and setbacks. b. Location of all paved drives and parking areas, including centerlines, dimensions, radius, and elevations, traffic signage and striping. C. Schematic elevations of buildings showing concealment of all mechanical or accessory equipment located on the roof. d. Building floor plans and proposed building materials. Front, side and rear elevations (with any wall signs) showing height to peak of roof. e. Location of trash and garbage disposal system and provisions for accessibility to garbage trucks. L Adequate architectural screening of all trash and garbage disposal systems. g. Loading areas and provisions for accessibility to vehicles of the required type and clearances. h. Areas for emergency vehicles and fire engines and provisions for fire lane accessibility for vehicles of the required type. I. Entrance features, walls, buffers, and ground signs. j. Where the site plan covers only a part of contiguous real property owned by the applicant, master -phasing plan for such additional acreage unless the applicant certifies that the remaining real property shall not be developed. k. The proposed treatment of the perimeter of the site, including the material and techniques used, such as screens, landscaping buffers, fences and walls. I. The location and size, in acres or square feet, of all areas to be conveyed, dedicated, or reserved as open space, public parks, recreational areas, and similar public or semi-public uses. m. Any other signage proposed, including specifically that beyond what the city code requires. n. A narrative of how the applicant meets the criteria in section 118.8.5.5, if applicable. o. Trip generation from the uses proposed. p. Any additional information as may be reasonably required by the director. 2. The director shall request a review of the completed application from city departments as the director deems appropriate, including but not limited to community development/development services, community development/planning, public works/engineering, public works/parks, and fire. Each city department that reviews the Chapter 118: Page 197 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS application shall respond with written comments and recommendations based upon the standards in this article to the director. The applicant shall be advised by mail of the comments and recommendations and any steps necessary to comply with this article. The applicant shall have an opportunity to satisfy any requirement by filing a written request within 15 days of such written notice for an opportunity to modify the application, along with such modifications requested. If the applicant does not request an opportunity to modify, then the recommendations shall be forwarded to the director for determination, which shall be made within 60 days from the end of the aforesaid 15-day period. The director shall approve, approve with conditions or deny the site plan application. If the project is subject to a density cap pursuant to the city comprehensive plan, then any approval for residential units shall include the following conditions: a. The project must apply for a building permit within 12 months of the date of site plan approval; b. The project must commence construction within 18 months of the date of site plan approval; C. The project must be completed within a certain time frame; d. Failure to comply with the conditions shall result in the loss of any vested units for the project; and 3. If at the time of project approval units are unavailable because the density cap has been exceeded by previously vested units, then the approval shall be "conditional" and not apply until the director notifies the applicant in writing that the units are available. Upon notification that the units are available, the conditions in subsections B.2.a., b. and c. of this section shall apply to the approval as if the approval occurred on the date of the director's notice. If the applicant makes modifications to the application pursuant to subsection B.2. of this section, then the director shall forward the modified application to the appropriate city departments for review. Any modified written recommendations and comments from the departments shall be forwarded, within 15 days from the department's receipt of the modified application, to the director for determination. Within 30 days of the receipt of the modified written recommendations and comments, the director shall approve, approve with conditions or deny the site plan application. 4. If at any time during the review of the application, the director desires to convene the reviewing departments to discuss the application, the meeting of the reviewing departments shall be a public meeting and the applicant shall be notified of the meeting and have an opportunity to attend and present information at the meeting. 5. Appeal of the director's determination shall be made to the city council within 30 days of the director's decision, which shall conduct a quasi-judicial public hearing on the appeal. 6. Issuance of a site plan approval shall be deemed to authorize only the particular site configuration, layout and level of impacts that were approved. Permitted uses may occur in conjunction with or in place of the approved use. A site plan approval shall run with the land. Issuance of a site plan approval shall be deemed to authorize the building official to approve an application for a building permit if the applicant has complied with other relevant portions of this article and the Code. 7. Minor modifications may be made to the site plan upon written approval of the director and upon submission of a letter explaining the need for corrections and payment of the fee established by the adopted fee schedule. Minor modifications include, but are not limited to: a change in sign location, minor modifications to parking areas (such as the relocation of a Chapter 118: Page 198 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS handicapped parking space), relocation of terminal islands to accommodate trees or utility lines, reduction in building footprint size, addition of small canopies, minor revisions to lot lines to be consistent with a recorded plat, temporary sales and construction trailers, and satellite dish location. No additional density may be approved by minor modification. Except for minor modifications, the site plan may be amended only pursuant to the procedures and standards established for its original approval. C. Those developments required by this article to be approved pursuant to the planned unit development process shall be reviewed through the process described in section 118.5.1, except that the development standards of this article shall apply. Once approved, a planned unit development is vested for purposes of the residential building cap of the comprehensive plan if it is completed within the period of time provided in the planned unit development approval, which shall include commencement and completion time requirements for each phase of the planned unit development. Failure to comply with the time frames shall result in the planned unit development or phase thereof becoming void. D. In circumstances where an application is approved that exceeds, in whole or in part, the unit density cap mandated by the comprehensive plan, the approved units shall be considered reserved for a future time when units become available. When units previously approved are unused within the time constraints of their approval and become available for allocation to the next approved project, or when the density cap is otherwise increased, priority in the allocation of the available units shall be granted to the project whose site plan or planned unit development has the earliest date of the approval. Once newly available units are allocated to the reserved units, they must be used according to the conditions and phasing requirements of the approval, or they will not be considered vested and instead will be reallocated pursuant to this section to the next eligible project by approval date. 118.8.3 Warrants To expedite the development review and approval process and provide incentives for promoting smart growth, there is hereby established a warrant process. A. A warrant permits a practice that is a variation from a specific provision of this article, but that is justified by need, hardship or physical constraint. Warrants may be granted administratively by the director. The following site design issues may be considered through the warrant process: building setbacks; vehicular access from a rear alley; number of parking spaces; location of parking facilities; landscape requirements, on -site signage; building type/disposition and frontage type. Addition or change of uses permitted within a land use district is not possible through the warrant process. B. The request for a warrant shall not subject the entire application to public hearing, but only that portion necessary to rule on the issue under consideration. C. The developer may appeal a decision of the director regarding a warrant to the city council, which shall conduct a quasi-judicial public hearing on the appeal. D. A warrant shall be considered unique and shall not set precedent for others. Warrants shall not be granted unless a written application is submitted on forms provided by the city demonstrating each of the following: 1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings in the same district; Chapter 118: Page 199 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 2. That granting the warrant is in the best interest of the public and promotes the general health, safety, and welfare of the neighborhood to be affected by the warrant; 3. That granting the warrant is based on need, hardship or physical constraint; and 4. That granting the warrant results in a project that better complies with the intent of the Downtown Fort Myers Plan. 118.8.4 Superseding Regulations The provisions of the following regulations take precedence over the provisions of this article: A. Adult entertainment regulations. B. Noise regulations. C. Flood hazard regulations. D. Historic preservation regulations, except noted in section 118.8.2.3. E. Accessibility (Americans with Disabilities Act) standards. F. Florida Building Code. G. Florida Fire Prevention Codes. 118.8.5 Land Use District Regulations A. Applicable to all Land Use Districts Building Disposition In General a. Lots shall be sized as shown in section 118.8.6.G. unless previously platted, in which case they may be re -platted to comply with the standards of this section. b. Building coverage by a building should be as shown in section 118.8.6.G. C. Floor area ratios are identified in section 118.8.6.G. d. One principal building on the frontage and one outbuilding to the rear of it may be built on each lot. One backbuilding may be built in an edge yard building type. e. Facades shall be built parallel to the principal frontage line or, if curved or broken, on a line tangent to it. L Setbacks shall be as shown in section 118.8.6.G. In the case of an infill lot, setbacks shall match one or the other of the existing adjacent setbacks or the setback may be adjusted by warrant, see section 118.8.3. Parking shall not be located within the front layer. g. Open porches, stoops, balconies, awnings and bay windows may encroach into any setback as approved. Rear setbacks for outbuildings shall be a minimum of 12 feet from the centerline of the alley or lane. In the absence of rear alley or lane the rear setback shall be a minimum of zero feet. See section 118.8.6.E frontage table. Chapter 118: Page 200 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS Transition line means a horizontal line, the full width of a facade, expressed by a material change or by a continuous horizontal articulation such as a cornice or a balcony. Uses permitted means the uses accommodated by a building and its lot within the zoning districts of this article. Uses are categorized as limited or open according to the intensity of the otherwise similar use. Uses, water dependent means marinas, yacht clubs, customer passenger boating, charter boats, boat ramps, and any related feature. Uses, water enhanced means resource based recreational use, restaurants, residential, hotel, motel and related features. Warrant means a variation from particular standards of the smart code that is justified by need, hardship or physical constraint. See 118.8.3. 118.8.2 Procedures A. Application of the Downtown Smart Code 1. Generally No building, structure, or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered, added to, or changed in use, except in conformity with the regulations for the land use district as designated on the future land use map in which such building, structure or land is located, except as follows: a. Where housing units within the downtown existing prior to December 9, 2003, are demolished by a natural disaster or an act of nature, replacement housing units may be permitted for the same number of units existing prior to the destruction, regardless of whether the number of units exceeds that eligible as bonus densities or whether the excess number of units meets bonus density standards under this article. The replacement units shall comply with the standards contained in the smart code and land development code as applicable. To obtain the replacement housing units, the property owner must obtain all building permits to construct within four years of demolition, commence construction within six months of building permit issuance, and complete construction within two years from the date of commencement. Failure of the property owner to meet the above time limitations shall preclude the use of the replacement housing units, and the owner shall be required to obtain approvals pursuant to this article as if all of the units were new housing units. b. Where housing units within the downtown existing prior to December 9, 2003, are demolished by the property owner, replacement housing units may be permitted for the same number of existing units. The replacement units shall comply with the standards contained in the smart code and land development code as applicable. To obtain the replacement housing units, the property owner must obtain building permits within six months from the date of demolition, commence construction within six months of building permit issuance, and must complete construction within two years of the date of commencement. Failure of the property owner to meet the above time limitations shall preclude the use of the replacement housing units, and the owner shall be required to obtain approvals pursuant to this article as if all of the units were new housing units. Chapter 118: Page 194 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 2. h. Open porches may encroach up to 50 percent of the depth of the setbacks. i. Loading docks and service areas, which are those areas with parking, loading, machinery, transformers, and overhead doors, shall not be permitted on frontages, except by warrant. j. Buildings on a secondary grid (B Street) are exempt from disposition requirements. A list of A and B Streets is shown in section 118.8.6.H. k. All A Street frontages shall be encouraged to have liner buildings to the maximum extent possible. I. Outbuildings shall not exceed 450 square feet of habitable space, excluding garage. See Diagram 1. Building Height In General a. Frontage types shall be as depicted in section 118.8.6.G. and illustrated in section 118.8.6.B. b. Building heights shall be as shown in section 118.8.6.G. and illustrated in section 111.8.6.C. 3. Uses Permitted/Adverse Impact Uses In General a. The uses permitted in each land use district shall be as shown in section 118.8.6.D. b. Uses not expressly permitted in section 118.8.6.D. or which create an adverse impact require approval of a planned unit development. Uses considered to have adverse impacts include: 1) Automotive sales, service, and repair. 2) Retail with parking lot on the street frontage. 3) Cell phone towers. 4) Kennels and animal husbandry. 5) Depots for large-scale storage and distribution. b) Pole signs and billboards. 7) Drive -through commercial. 8) Service stations. 9) Golf courses and nurseries. 10) Labor pool, halfway houses and food pantries. 11) Landfills and dumps. 12) Mineral extraction areas. Chapter 118: Page 201 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 13) Outdoor storage. 14) Prisons, except as accessories to police stations. 15) Scrap yards for the processing and storage of waste materials. 16) Transportation terminals, except bus depots, rail stations, and ferry terminals. 17) Public or private surface parking lots and public or private parking structures. 18) Parking garages without liner buildings on all A Streets (primary grid). 19) Prohibited uses are those found in section 118.3.3.D.3. 4. Density and Height Limits a. Density limits in the coastal high hazard zone (CHHZ). In the downtown redevelopment area's coastal high hazard zone, the city will not issue permits for development that will exceed the total of 2,777 residential units permitted under the comprehensive plan as of February 20, 2004, and as shown on Map E-2. If any parcel is split by the coastal high hazard zone boundary line, then residential units built in the parcel area not located within the coastal high hazard zone will not be counted for the coastal high hazard zone density cap. b. Density limits in the downtown redevelopment area. In the downtown redevelopment area shown on Map E-2, including the coastal high hazard zone, the city will not issue permits for development that will exceed the total of 10,187 residential units. C. All new residential development located within the coastal high hazard zone, excluding replacement units, shall require planned unit development approval and any increased density above standard densities or increased heights beyond those permitted pursuant to section 118.8.6.C., building height table, shall require planned unit development approval. Chapter 118: Page 202 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS CITY 6F FORT MYERS DOWNTO. VN REDEVELOPMENT AREA t;OASTA�',.HIGH HAZARD ZONE qq n t'3 .�" E2 Downtown Redevelopment Area additional dwelling units toxaluding GHHZ) permitted .:>. .. .. . ................. . . _....... _. . 5. Bonus Density and Increased Height Criteria In the urban general, urban center and urban core zoning districts, additional density and additional height may be awarded through the planned unit development process in section 118.5.1. In order to be considered for bonus density or height the developer shall prepare a hurricane evacuation plan and contribute a shelter fee for expansion of hurricane shelter capacity in the city. All plans shall comply with Lee County Administrative Code AC 7-7, be submitted to and approved by the county emergency management director. The fee shall be calculated based on the cost of providing retrofitted shelter space, at $300.00 per housing unit in 2004 dollars and as adjusted annually by the Consumer Price Index, to be contributed to the noninterest bearing downtown coastal high hazard zone hurricane shelter fund. Multiphased projects may pay their cost per unit at the time of building permit issuance for each phase. The award of bonus height or density shall be in the sole discretion of the city council. The award of bonus height shall be based on the provision of exceptional architectural design as defined herein. The award of bonus density on riverfront property shall be based on the following criteria, with the weighting of the criteria as indicated. Each criteria category must be fully met in order that a density bonus for that category can be awarded. In no case may the bonus density exceed the number allowed by Chapter 118: Page 203 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS the district. Additionally, in order to be eligible for bonus density or height the open space criteria below shall be mandatory and included in all development proposals. Bonus density shall be awarded on a percentage basis for the seven criteria below, or six criteria if nonwaterfront property is involved, and dispersed equally among the remaining criteria. a. Affordable-Workforce/Community Housing (Ten percent) Provide one affordable -workforce housing unit for every 50 market rate units either on - site or at an off -site location within one mile of the downtown, or provide a cash contribution of $120,000.00 or as adjusted annually by the Consumer Price Index per required affordable -workforce unit to be contributed to the noninterest-bearing downtown redevelopment area moderate housing trust fund. b. Para-transit/Pedestrian-friendly Connection Between Public and Private (6 percent) Contribute to the city's annual cost of providing para-transit facilities, in an amount of $51.14 per unit to be held in a noninterest bearing escrow account by the city in a fund known as downtown para-transit trust fund. If the developer chooses, this amount may be paid on a per phase basis and will be adjusted annually, starting January 2006, based on the Consumer Pricing Index. These monies shall be accumulated in the fund until one trolley can be fully funded and begin service. As the trust fund builds, the second trolley will be added. Furthermore, developer will provide access between the project and public right-of-way with a minimum width of six feet for access to either the sidewalk/street frontage or to a riverwalk. The developer will build and maintain improvements at its expense. Developer must agree to continue the adopted streetscape plan on the first layer of the property and to maintain consistency with the plan in perpetuity. C. Mandatory Public Open Space (10 percent) Developer agrees to provide public open space opportunities on -site or within the downtown redevelopment area. Public shall include all persons, including nonresidents of the development. On riverfront properties, a view corridor must ensure that the proposed structure has an orientation and massing which is sensitive to and compatible with the building site and surrounding area, and which allows an unobstructed view of the river from the street visible from eye -level six feet above grade at the adjoining road pavement edge. d. Mixed Use/Retail-Office-Residential (12 percent) Developer shall provide the mix of uses for each applicable each land use district as follows: Urban general - 80--90 percent residential and 10--20 percent office/commercial; urban center - 30--40 percent residential and 60--70 percent office/commercial; urban core - 80--90 percent residential and 10--20 percent office/commercial. These percentages may be varied, provided the percentage in each land use category in the aggregate is maintained. e. Public Parking (12 percent) The developer shall provide a cash contribution of $20,000.00 per parking space at the ratio of one additional space for every ten parking spaces provided. The city shall use these funds to provide public parking spaces for the area governed by the downtown smart code. This fee shall be adjusted annually on January 1 of each year based on the Consumer Price Index. Chapter 118: Page 204 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS f. Water -Dependent Uses Open To The Public (10 percent) Water dependent uses are marinas, commercial fishing, yacht clubs, boat ramps, and parks, and must be open to the public. Developer shall provide evidence of the existence of the facilities or of permitting by state and federal agencies for such facilities. g. Exceptional Architectural/Site Design (40 percent) Developer provides exceptional architectural and site design, over and above compliance with the architectural standards of section 118.8.5. The city council may rely on advice offered by a three -person panel of state registered architects for the city. To receive bonus densities under this criterion, the applicant must demonstrate a connection to the nature, style, character and history of the city. 6. Nonconforming Uses Any existing use that has become nonconforming as a result of the redesignation of property within the downtown redevelopment area is subject to the nonconforming provisions in article IV of this chapter, or can be reviewed through the planned unit development process. Notwithstanding the foregoing, properties designated industrial district one (1-1) prior to April 30, 2003, shall be permitted to continue (1-1) uses until April 30, 2008, except for automotive uses, which are prohibited. See Map C-3, downtown redevelopment area former light industrial (1-1), future land use element, comprehensive plan. After April 30, 2008, any existing licensed business shall be grandfathered and permitted to continue the use until such time the occupational license for said industrial use is not renewed. 7. Parking Standards In General a. Parking shall be accessed by alley or rear lane where possible. b. Properties located in the downtown core pedestrian shed (see Diagram 7, in section 118.8.1.6) are exempt from the on -site parking requirements contained herein. Parking requirements may be satisfied by excess off -site locations within the same pedestrian shed as where the development requiring the parking is located. C. In all other areas of downtown, properties located outside the core pedestrian shed shall meet the requirements in sections 118.8.6.E. and 118.8.6.F. Parking requirements may be satisfied by off -site locations within the same pedestrian shed as where the development requiring the parking is located and may be located outside the same pedestrian shed if approved by warrant. d. One bicycle rack shall be provided for each 30 to 100 required parking spaces. Two bicycle racks shall be provided for every additional 100 required parking spaces. e. Parking shall be located within layers described in sections 118.8.5.A - 118.8.5.D. Liner buildings used as office, retail, artisanal and institutional, and less than 30 feet deep, shall not be required to provide parking. g. Parking lots abutting residential uses shall be secured by a combination of a solid six-foot wall of masonry or other materials as approved by the director, with four shade trees and 25 shrubs every 100 linear feet. Wood fencing is discouraged. Chapter 118: Page 205 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS h. Parking structures must be designed to be compatible with the overall design of the project and may not resemble typical parking structures. 8. Architectural Standards In General a. Exterior materials shall be as specified in the specific zoning districts. Hardiplank or equal may be used as a substitute for wood in all buildings. b. Windows shall be clear glass, and must transmit at least 50 percent of visible daylight. C. Pitched roofs, if provided, shall be symmetrically sloped no less than 4:12, except that porches may have attached shed type roofs with slopes no less than 2:12. d. Flat roofs shall be enclosed by parapets a minimum of 42 inches high or as required to conceal HVAC equipment to the satisfaction of the director. e. Openings above the first story shall not exceed 50 percent of the total building wall area, with each facade being calculated independently. f. The facades on A Streets shall be detailed as storefronts and glazed no less than 70 percent of the sidewalk -level story. The facades on office frontages shall be glazed no less than 25 percent of the sidewalk -level story. g. Open porches, stoops, balconies, awnings and bay windows may encroach into any setback up to the right-of-way line. Footings may be located within the right-of-way or within easements if applicant agrees to restore all underground and surface improvements disturbed by footing construction. h. Openings, including porches, galleries, arcades and windows shall be square or vertical in proportion. i. Doors and windows that operate as slides are prohibited along frontage lines. j. Buildings must provide connectivity to adjacent sites. 9. Landscape/Buffer Standards In General. a. Properties within the downtown redevelopment area are exempt from the requirements in chapter 138. b. A minimum of one tree to match the tree on the enfronting streetscape, not in conflict with the streetscape plan dated April 2002, shall be planted for each 25 feet of frontage, or any portion thereof, within the first layer of each lot unless otherwise specified. C. Groundcover shall be planted and maintained on the first layer of each lot unless otherwise specified. Chapter 118: Page 206 ORDINANCE NO. 3422 10. 11. 12. Signage Standards in General a. Signage is an integral component of appropriately scaled and consistent in Signage utilized within the historic preservation commission. CHAPTER 118. LAND USE REGULATIONS the building and site design and should be character with the project's overall design. district shall be approved by the historic b. Number of signs: There shall be one sign per facade. Blade signs shall not be counted toward signage permitted. C. Size of signs: Wall or monument signs shall be no greater in size than five percent of nonresidential space on the first story of the front facade area. Monument signs shall not exceed five feet in height. d. Prohibited signs: In addition to those signs prohibited in section 126-91, billboards, pole signs and promotional inflatable signs are expressly prohibited. e. Additional signage or modifications to the signage provisions may be considered through the warrant process. f. Except as noted herein regarding prohibited signs, the remaining sections in chapter 126 are not applicable. Construction Site Screening a. All development projects where heavy equipment is used and stored shall submit plans detailing the staging of construction areas, including but not limited to: storage of heavy equipment; building materials; employee parking; and access. A hard compacted dust -free surface, acceptable to the public works department, is required for the storage of heavy equipment. b. All construction sites and/or staging areas shall be screened along all yards with a six-foot high chain link fence with green, black or brown mesh screening. The mesh screening may consist of artistic panels that do not contain any type of advertising or verbiage except for the project identification sign as provided in Chapter 126. C. Notwithstanding section 126-91, prohibited signs, project identification signage may be allowed on the temporary fencing and screening of the construction site. This signage must comply with the size limitations outlined in section 126-61(14), project identification signs. Amendment to Previously Approved Planned Unit Development Any amendment to a previously approved planned unit development within the downtown redevelopment area shall be subject to the provisions of section 118.5.1, except any increase in the number of dwelling units shall require amendment in the same manner as the original planned unit development. Additionally and notwithstanding the above, previously approved planned unit developments adopted by Ordinance No. 3233, Ordinance No. 3261, Ordinance No.3263, and Ordinance No. 3310 are hereby each approved for extensions of time in accordance with the following amended time frames and conditions: (a) The developer must apply for the first building permit for vertical construction no later than December 31, 2007; and Chapter 118: Page 207 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS (b) The developer must commence construction for vertical improvements no later than June 30, 2008; and (c) The developer must complete construction no later than June 30, 2011. (d) The developers on First Street/Palm Beach Boulevard will be required to pay the proportionate share as indicated in the SR 80/First Street Master Traffic Study or the road impact fees, whichever is greater. The payment is due prior to the issuance of the first building permit for vertical construction. (e) The developers on West First Street shall pay any funds designated for the roundabout design prior to June 30, 2007. B. Urban General Land Use District Regulations The urban general land use district areas shall encourage compatible infill in the eastern and western portions of the downtown and encourage live/work units and limited mixed -uses. For new development in areas designated urban general, the percentage of mixed -uses shall be as follows: 80--90 percent residential and 10--20 percent office/commercial. 1. Building Disposition See section 118.8.6.G.1. a. Maximum permitted floor area ratio is 1.5. b. Buildings shall have their principal entrances facing the street. 2. Building Height See section 118.8.6.G.1. 3. Uses Permitted See section 118.8.6.G.1. a. Uses shall be open residential, limited office and limited lodging and limited child care services. Neighborhood retail use, specifically serving the neighborhood, is confined to corner lots, with not more than one per block. Neighborhood retail use is limited to bookstores and news dealers, hardware stores, personal care services, and limited neighborhood markets not exceeding 5,000 square feet. b. Institutional uses with a planned unit development approval. C. Limited artisanal with a planned unit development approval, up to 600 square feet within the first story of the ancillary building. d. Accessory uses of limited lodging or limited office shall also be permitted in the outbuilding. 4. Parking Standards See sections 118.8.6.E and 118.8.6.F. Chapter 118: Page 208 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS C. a. All parking areas shall be located at the third layer and masked by a streetwall or liner building. Covered parking areas shall be at the third layer. b. Parking may be accessed from the frontage by a driveway. C. The required parking may be provided on sites elsewhere with the same pedestrian shed. 5. Architectural Standards. a. The exterior finish materials on all facades shall be limited to brick, wood, hardiplank, tile, terracotta, and/or stucco. b. Balconies and porches shall be made of painted wood or shall match abutting wall material. C. Buildings shall have sloped roofs. d. Fences at the first layer of a lot shall be painted wood or hardiplank pickets or garden walls. Fences at other layers may be painted wood or hardiplank pickets, wood board, coated chainlink, masonry, or PVC. 6. landscape/Buffer Standards There are no requirements additional to the general specifications (see section 118.8.5.9). 7. Signage Standards a. In the event of office or lodging use a blade sign may be permanently installed perpendicular to the facade. b. Externally lit signs shall be lit with incandescent -spectrum bulbs. S. Bonus Density Criteria In urban general, a maximum of six additional units per acre may be awarded through the planned unit development process, pursuant to the bonus density criteria in section 118.8.5, for a total of 12 units per acre. Urban Center Land Use District Regulations The urban center areas are established to protect the pedestrian -friendly fabric of the historic downtown core and the center of each surrounding neighborhood. For each development in the urban center, the percentage of mixed -use designation shall be as follows: 30--40 percent residential and 60--70 percent office/commercial. 1. Building Disposition See section 118.8.6.G.2. a. Maximum permitted floor area ratio is five. b. Buildings shall have their principal pedestrian entrances on a frontage line. Chapter 118: Page 209 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS C. Facades shall be built parallel to the principal frontage line along a minimum of 70 percent of its length with a setback of zero to ten feet from the frontage line. In the absence of a building along the remainder of the frontage, a street wall or vegetative hedge shall be required along the existing wall line. 2. Building Height See section 118.8.6.G.2. Buildings with a first level residential use shall be raised a minimum of two feet from average sidewalk grade. 3. Uses Permitted See section 118.8.6.G.2. a. Use shall be open residential, open office, open retail, open lodging, and child care services. b. Institutional uses shall be permitted by the planned unit development process. C. Ground floor commercial shall be encouraged along A Street frontages. d. Artisanal uses within the first story and in a contiguous rear yard with a solid masonry wall no less than eight feet high shall be permitted by the planned unit development process. 4. Parking Standards See sections 118.8.6.E. and 118.8.6.F. a. All parking areas, with the exception of waterfront properties, shall be located at the third layers and masked by a streetwall or liner building. Waterfront properties shall locate parking areas in the second or third layers as determined by the director. b. Parking shall be accessed from a rear alley, where possible. C. The required parking may be provided on sites elsewhere within the same pedestrian shed or outside the pedestrian shed if approved by warrant. d. Pedestrian entrances to all parking lots and parking structures shall be directly from a frontage line, so the street frontage is active with pedestrians. Only underground parking structures may be entered by pedestrians directly from a building. e. The vehicular entrance to a parking lot or garage on a frontage shall be no wider than 30 feet. 5. Architectural Standards a. The exterior finish material on all facades shall be limited to stone, brick, ceramic tile, glass, architectural aluminum panels, cast stone and/or stucco. b. Balconies, galleries and arcades shall be made of concrete, painted wood, or metal or shall match abutting wall material. C. Buildings shall have sloped roofs or flat roofs enclosed by parapets. Chapter 118: Page 210 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS d. Streetwalls, when utilized, shall be located at the first layer along the frontage line. e. Openings, including porches, arches, and windows, shall be square or vertical in proportion. 6. Landscape/Buffer Standards The first layer shall be landscaped or paved to be not in conflict with the enfronting streetscape, as depicted in the streetscape plan. 7. Signage Standards a. A single external sign band (no multiple signs) may be applied to the facade of each building, providing that such sign shall not exceed three feet in height by any length. b. Blade signs, not to exceed four square feet for each separate business entrance, may be attached perpendicular to the facade. C. Signage shall be externally lit, except that signage within the shop may be neon lit. 8. Bonus Density Criteria In urban center, a maximum of 15 additional units per acre may be awarded pursuant to the bonus density criteria in section 118.8.5. for a total of 40 units per acre, through the planned unit development process. 9. Nonconforming Uses Those properties located north of Dr. Martin Luther King Jr. Boulevard and west of Evans Avenue designated Urban Center that were previously designated Light Industrial (1-1) as of April 30, 2003, will be permitted to continue 1-1 uses until April 30, 2008, except for automotive uses. After April 30, 2008, a licensed business so grandfathered shall be permitted to continue until an occupational license is not renewed. D. Urban Core Land Use District Regulations Urban core areas are primarily designated along major thoroughfares, or located along the waterfront. Properties designated urban core shall be thoroughly developed as mixed -use. The urban core designation shall encourage retail at the street level and allow commercial and retail on floors two and above. 1. Building Disposition See section 118.8.6.G.3. Maximum permitted floor area ratio is 18. 2. Building Height See section 118.8.6.G.3. a. Building height shall be a minimum of two stories and a maximum of 18 stories. b. Stories at sidewalk level shall be no less than 12 feet in height from finished floor to finished ceiling. Buildings with the first level for residential use shall be raised from average sidewalk grade a minimum of two feet. Chapter 118: Page 211 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 3. Uses Permitted See section 118.8.6.G.3. a. Use types shall be open residential, open office, open retail and open lodging uses. Ground floor commercial is encouraged on recommended retail frontages. b. Institutional uses shall be permitted by the planned unit development process. C. Artisanal uses within the first story and in a contiguous rear yard with a solid masonry wall no less than eight feet high shall be permitted by the planned unit development process. 4. Parking Standards See sections 118.8.6.E and 118.8.6.F. a. All parking areas shall be located at third layers and masked by a streetwall or liner building. b. Parking shall be accessed from a rear alley where possible. C. The required parking may be provided on sites elsewhere within the same pedestrian shed, or outside the pedestrian shed, by warrant. d. Pedestrian entrances to all parking lots and parking structures shall be directly from a frontage line. Only underground parking structures may be entered by pedestrians directly from a building. e. The vehicular entrance of a parking lot or garage on a frontage shall be no wider than 30 feet. 5. Architectural Standards a. The exterior finish materials on all facades shall be limited to stone, ceramic tile, glass, architectural aluminum panels, brick, cast stone or stucco. b. Balconies, galleries and arcades may be metal or concrete or shall match abutting wall material. C. Buildings shall have flat or sloped roofs; flat roofs must have parapets. d. Streetwalls shall be located at the first layer along the building frontage line. Chapter 118: Page 212 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 6. Landscape/Buffer Standards The first layer shall be landscaped or paved to be not in conflict with the enfronting streetscape, as depicted in the streetscape plan. 7. Signage Standards a. A single external sign band may be applied to the facade of each building, providing that such sign shall not exceed three feet in height by any length. b. Blade signs, not to exceed four square feet in area for each separate business entrance may be attached perpendicular to the facade. C. Signage may be externally or internally lit. Signage within the shop may be neon lit. 8. Bonus Density Criteria In urban core, a maximum of 35 additional units per acre may be awarded pursuant to the bonus density criteria in section 118.8.5, for a total of 70 units per acre, through the planned unit development process. E. District Land Use District Regulations 1. Generally. Areas have been designated District to meet the specialized needs of the community. Proposed development in these areas shall be required to be approved through the planned unit development process, and use the underlying future land use categories for uses and standards for development. For purposes of this section, the definition of development is limited to new construction and is not intended to limit the ability of parcels to be refurbished or reconstructed in a manner which brings them more into compliance and which is an improvement. 2. Change from one permitted use to another permitted use listed in the Commercial Intensive District (CI) is allowed with the exception of those uses listed below lettered a. through m. 3. Adverse Impact Uses. Uses which create an adverse impact require approval of a planned unit development. For purposes of this section, property designated District located south of Dr. Martin Luther King Jr. Boulevard with an underlying zoning of Commercial Intensive District (CI) shall be subject to the following modified list of adverse impact uses: a. Cellular telephone towers. b. Kennels and animal husbandry. C. Depots for large-scale storage and distribution. d. Golf courses and nurseries. e. Labor pool, halfway houses, and food pantries. f. Landfills and dumps. g. Mineral extraction areas. Chapter 118: Page 213 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS h. Outdoor storage. i. Prisons, except as accessories to police stations. j. Scrap yards for the processing and storage of waste materials. k. Transportation terminals, except bus depots, rail stations, and ferry terminals. Public or private surface parking lots and public or private parking structures. m. Parking garages without liner buildings on all A streets (primary grid). 4. Change from one permitted use to another permitted use listed in the Light Industrial District (IL) is allowed with the exception of those uses listed below lettered a. through L 5. Property designated District located south of Dr. Martin Luther King Jr. Boulevard with an underlying zoning of Light Industrial District (IL) shall be subject to the following modified list of adverse impact uses: a. Depots for large-scale storage and distribution. b. Golf courses and nurseries. C. Landfills and dumps. d. Mineral extraction areas. e. Prisons, except for accessories to police stations. Scrap yards for the processing and storage of waste materials. g. Transportation terminals, except bus depots, rail stations, and ferry terminals. h. Public or private surface parking lots and public or private parking structures. I. Parking garages without liner buildings on all A streets (primary grid). F. Civic Land Use District Regulations Civic areas are to include government owned and wholly publicly used properties intended to remain in public use and ownership. Properties designated as civic shall be required to be developed through the planned unit development process. The guidelines for development are to follow the adjacent or nearest land use district regulations. G. Civic -Recreation Land Use District Regulations Areas designated civic -recreation shall be used as parks, open space, active and passive recreational facilities or activities operated directly or indirectly by the government. Permitted uses include institutional uses, parks, open space, active and passive recreational facilities operated directly or indirectly by the government. Properties designated civic -recreation shall be developed through the planned unit development process. Chapter 118: Page 214 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS H. Public Parking Structure Overlay New public parking structures shall only be permitted in areas designated as public parking structure overlay, see Diagram 7 in section 118.8.1.B., terms and definitions. Additional public parking structures shall not be constructed at alternative locations until the recommended structures are at 75 percent occupancy. Retail and other uses consistent with the underlying district shall be permitted in the public parking structure overlay. I. Riverwalk/Public Access 1. This section shall apply to all new waterfront development or waterfront redevelopment consisting of real estate improvements which exceed 50 percent of the assessed value of the existing structure or adds building area in excess of 50 percent of the existing floor area located along the waterfront within the downtown redevelopment area. 2. All new waterfront development and waterfront redevelopment, as described above, shall be required to provide a ten -foot riverwalk easement along the rear property line (river's edge) to preserve public access to and along the river. 3. A ten -foot easement shall be provided along one side yard line extending from the riverwalk easement to the street of any property where the riverwalk easement is not accessible from an adjoining street right-of-way or other riverwalk easement connecting to an adjoining street right-of-way. The side yard easement may be vacated by the city when the riverwalk easement becomes contiguous to an adjoining street right-of-way or other riverwalk easement connecting to an adjoining street right-of-way. Said easements may be restricted to use by the public from one-half hour before sunrise to one-half hour after sunset, and shall be in a form acceptable to the city. 4. Within the area designated above for the riverwalk/public access easement, the city shall also dedicate riverfront access on the following public streets: Cranford Court, Shelton Court, Commerce Street, Park Street, Fowler Street, Henley Place, Clifford Street, Altamont Street and Virginia Avenue. The public shall gain access to the riverwalk easements by utilizing the aforementioned public streets. 5. There may be additional requirements, stipulations from settlement agreements, or other binding agreements between the city and waterfront property owners, not found in this section that are applicable, binding, and are enforceable by law. 118.8.6 Standards and Tables A. Building Type Disposition Table Buildings shall be disposed in relation to the boundaries of their lots according to this section and 118.8.5 in this article. The precise disposition of the building, density, floor area ratio, and building coverage shall be according to section 118.8.6.G., summary tables. Chapter 118: Page 215 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 1. Edge Yard A building that occupies the center of its lot with setbacks on all sides. This is the least urban of types as the front yard sets it back from the frontage, while the open side yard weakens the spatial definition of the enfronting space. The front yard is intended to be visually public and continuous with the yards of adjacent buildings. The rear yard can be secured for privacy by fences and a well -placed backbuilding and/or outbuilding. 2. Side Yard A building that occupies one side of the lot with the primary open space to the other side. The visual opening of the side yard on the street frontage causes this building type to appear freestanding. A shallow front setback defines a more urban condition. If the adjacent building is similar with a blank party wall on the lot boundary, the yard can be quite private. This type permits systematic climatic orientation, with the long side yard elevation responding to the sun or the breeze. -------------------- 3. Rear Yard A building that occupies the full front leaving the rear of the lot as a sole yard. This is a very urban type, as the continuous facade steadily defines the edge of the public space. The rear elevations may be articulated for functional purposes. In its residential form, this type is represented as the rowhouse. In its commercial form, the rear yard accommodates substantial parking. Chapter 118: Page 216 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 4. Court Yard A building that occupies the boundaries of its lot while internally defining one or more private patios. This is the most urban of types as it is able to shield the private realm from all sides while strongly defines the public spaces. This type is common in hot climates, but is useful everywhere. Because of its ability to accommodate incompatible activities in close proximity, it is recommended for workshops, lodging, and schools. The high security provided by the boundary definition is useful for crime -prone urban cores. j 5. Specialized A building that is one not subject to typological categorization. Buildings dedicated to manufacturing and transportation, such as factories or airports, are often distorted by the trajectories of machinery. Civic buildings, which must express the aspirations of institutions, may be exempt from the discipline of type. Certain communal residential types, such as hospitals and co -housing, may evolve as specialized types. Such specialized buildings may be permitted in the district land use district through the planned unit development process. B. Frontage Table 1. Front Yard A frontage wherein the facade is set back substantially from the frontage line. The front yard thus created remains unfenced and is visually continuous in landscaping with adjacent yards simulating a common rural landscape. Front yards are suitable along higher speed thoroughfares, as the setback provides a buffer. Chapter 118: Page 217 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 2. Porch and Fence A frontage wherein the facade is set back from the frontage line with an attached porch encroaching. The porch should be within a conversational distance of the sidewalk. A fence at the frontage line maintains the demarcation of the yard. Porches shall be no less than eight feet wide. 3. Dooryard or Light Court A frontage wherein the facade is set back from the frontage line by an elevated garden or terrace, or a fenced, sunken light court. This type buffers residential use from urban sidewalks, while removing the private yard from public encroachment. The terrace is suitable for transformation for outdoor dining. 4. Forecourt A frontage wherein a portion of the facade is close to the frontage line while a substantial portion of it is set back. The forecourt created is suitable for gardens and off-loading. This type should be allocated sparingly in conjunction to other frontage types. Trees within the forecourts may overhang the sidewalks. Chapter 118: Page 218 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 5. Stoop A frontage wherein the facade is aligned close to the frontage line with the lower story elevated from the sidewalk sufficient to secure privacy for the windows. The access is usually an exterior stair. This type is recommended for ground -floor residential uses. 6. Shopfront and Awning A frontage wherein the facade is aligned close to the frontage line with the building entrance at sidewalk grade. This type is conventional for retail use with a minimum of 70 percent glazing on the sidewalk level for retail locations and an awning placed so as to overlap the full width of the sidewalk. Chapter 118: Page 219 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS C. Building Height Table The vertical extent of a building shall be measured in numbers of stories, not including a raised basement or an inhabited attic. Building height shall be measured from the average grade of the enfronting sidewalk. Height limits shall not apply to structures or portions of structures with a building coverage of less of 240 square feet including towers as masts, belfries, chimneys, water tanks, elevator shafts, and the like. R.O.W. !ImkMax. height 3 2 I I 1 R.O.W. Max. height Transition Line Min. height Urban General Urban Center Urban Core R.O.W. fight m Line ght Chapter 118: Page 220 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS D. Uses Permitted Table Urban General Urban Center & Care Open Residential: The number of Open Residential: The number of dwellings on Residential dwellings on each lot is limited by the each lot is limited by the requirement of 1.0 requirement of 1.5 assigned parking assigned parking spaces for each dwelling, a ratio spaces for each dwelling, a ratio which which may be reduced according to the Shared may be reduced according to the Shared Parking Standards (section 118.8.6.F.). Parking Standards section 118.8.6.F. Lodging Limited Lodging: The number of Open Lodging: The number of bedrooms available bedrooms available on each lot for on each lot for lodging is limited by the requirement lodging is limited by the requirement of of 1.5 assigned parking spaces for each bedroom, 0.75 assigned parking spaces for each a ratio which may be reduced according to Shared bedroom, up to eight, in addition to the Parking Standards (section 118.8.6.F.) Food parking requirement for the dwelling. service may be provided at all times. Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. Office Limited Office: The area available for Open Office: The area available for office use on office use on each lot is limited to the each lot is limited by the requirement of 1 parking first story of the principal building and/or space per 500 square feet of gross floor area, a to the ancillary building, and by the ratio which may be reduced according to Shared requirement 1 parking space per 350 Parking Standards (section 118.8.6.F.). square feet of gross floor area, in addition to the parking requirement for each dwelling. Retail Limited Retail: The area available for Open Retail: The area available for retail use is retail is limited to the first story of limited by the requirement of 1 parking space per buildings at corner locations, not more 500 square feet of gross floor area, a ratio which than one per block, and by the may be reduced according to Shared Parking requirement 1 parking space per 350 Standards (section 118.8.6.F.). square feet of gross floor area, in addition to the parking requirement for each dwelling. The specific use shall be further limited to book store/news dealer, personal care services, limited neighborhood market, or hardware store, not exceeding 5,000 square feet of gross floor area, or food service seating no more than 40, or child care services. Artisanal Limited Artisanal: Uses are approved Limited Artisanal: Uses are approved through the through the Planned Unit Development Planned Unit Development process. The area process and limited to 600 square feet available for artisanal use is limited to the principal within the first story of the ancillary building and a contiguous yard to its rear building. Storage related to the use shall circumscribed by a solid masonry wall no less than not be placed in the yard. ei ht 8 feet high. Institutional Institutional uses shall be permitted uses Institutional uses shall be permitted uses in every in every land use district. land use district. The particulars of institutional use shall The particulars of institutional use shall be be determined on a case -by -case basis determined on a case -by -case basis through the through the planned unit development planned unit development process. process._ Chapter 118: Page 221 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS E. Required Parking Table Urban General Urban Center, Urban Core Residential 1.5/dwellin unit 1/dwelling unit Lodging 0.75/room 0.5/room Office 1/ 350 s . ft. of gross floor area 1/500 s . ft. of gross floor area Retail 1/ 350 s . ft. of gross floor area 1/500 s . ft. of gross floor area Artisanal by planned unit development by planned unit development Institutional I by planned unit development L by planned unit development "For uses not specifically listed above, for purposes of determining the number of parking spaces required, the most similar category above shall be used to calculate the parking re uirements. Shared Parking Table Parking shall be calculated as follows: the sum of the places available for any two uses is divided by the ratios appearing in the table below to yield the shared parking required. " To be determined by planned unit development "Excluding meeting facilities. Chapter 118: Page 222 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS G. Summary Tables 1. Urban General s� �.... .d f v.Ci •.a ..,`fie>� Density - See Section Standard Density Allocation Bonus Density Allocation 6 units per acre maximum 12 units per acre maximum Lots and Setbacks Lot Area Lot Coverage Front Setback Side Setback Rear Setback 3,000 square feet o 75 /o maximum 15 foot minimum, 0 (zero) minimum, 5 foot minimum minimum 25 foot maximum 30 foot maximum Building Type Edge Yard Side Yard Rear Yard Court Yard Permitted Permitted Permitted Permitted Frontage Type Common Yard Porch & Fence Dooryard Forecourt Stoop Shopfront Permitted Permitted Permitted Permitted Permitted Permitted Height Principal Building Height Outbuilding Height 3 story maximum 2 story maximum Floor Area Ratio Max FAR = 1.5 Uses Permitted Residential Uses Lodging Office Retail/Services Artisanal Institutional Open Residential: Limited Lodging: Limited Office: Limited Retail: limited to Limited Artisanal: Institutional: Limited by the Number of The area the first story of buildings Uses are approved Through required parking. bedrooms is available for at corner locations, not through the planned unit This ratio may be limited by the office uses on more than 1 per block, and planned unit development reduced according required parking. each lot is by required parking. Use development process. to the Shared No more than 8 limited to the limited to book store/news process and limited Parking Standards. bedrooms shall be first story of the dealer, personal care to 600 square feet Live/Work Units or permitted. Food principal services, limited within the first Flexhouses are service may be building and/or neighborhood market, or story of the encouraged. provided in the to the ancillary hardware store, not ancillary building. a.m. Max. stay building, and by exceeding 5,000 square feet Storage related to shall not exceed the required of gross floor area, or food the use shall not be 10 days. parking. service seating no more placed in the yard. than 40, or child care services. Chapter 118: Page 223 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 2. Urban Center Density Standard Density Allocation Bonus Density Allocation 25 units per acre maximum 40 units per acre maximum Lots and Setbacks Lot Area Lot Coverage Front Setback Side Setback Rear Setback 2,000 square feet minimum; existing lots of record as of September 6, 2005, shall be vested for purposes of minimum lot size. 100% maximum 0 foot minimum, 10 foot maximum 0 foot minimum, 10 foot maximum 0 foot minimum Building Type Edge Yard Side Yard Rear Yard Court Yard Prohibited Permitted Permitted Permitted Frontage Type Front Yard Porch & Fence Dooryard Forecourt Stoop Shopfront Prohibited Prohibited Permitted Permitted Permitted Permitted Height Principal Building Height Outbuilding Height 2 story minimum; 7 story maximum; bonus height determined by exceptional architectural design 2 story maximum Floor Area Ratio Max FAR = 5.0 Uses Permitted Residential Uses Open Residential: The number of dwelling units on each lot is limited by the required parking. This ratio may be reduced according to the Shared Parking Standard. Live/Work Units or Flexhouses are Lodging Open Lodging: The number of bedrooms available on each lot is limited by the required parking, which may be reduced according to the Shared Parking Standards. Food service may be provided at all times. Office Open Office: The area available for office uses on each lot is limited by the required parking, which may be reduced according to the Shared Parking Standards. Retail/ Services Open Retail: The area available for retail use is limited by the required parking, which may be reduced according to the Shared Parking Standards. Artisanal Institutional Limited Artisanal: Uses Institutional: are approved through Through the planned unit planned unit development process. development The area available for process. artisanal use is limited to the principal building and a contiguous yard to its rear circumscribed by a solid masonry wall no less than eight (8) feet Chapter 118: Page 224 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 3. Urban Core i Density Standard Density Allocation Bonus Density Allocation 35 units per acre maximum 70 units per acre maximum Lots and Setbacks Lot Area Lot Coverage Front Setback Side Setback Rear Setback 2,000 square feet minimum. 100% maximum 0 foot minimum, 5 foot maximum 0 foot minimum, 0 foot maximum 0 foot minimum Building Type Edge Yard Side Yard Rear Yard Court Yard Prohibited Permitted Permitted Permitted Frontage Type Front Yard Porch & Fence Dooryard Forecourt Stoop Shopfront Prohibited I Prohibited I Permitted I Permitted Permitted I Permitted Principal Building Height Outbuilding Height 2 story minimum; 18 story maximum; bonus height Not applicable determined by exceptional architectural design Floor Area Ratio Max FAR = 18 Uses Permitted Residential Uses Open Residential: The number of dwelling units on each lot is limited by the required parking. This ratio may be reduced according to the Shared Parking Standards. Live/Work Units or Flexhouses are encouraged. Lodging Open Lodging: The number of bedrooms available on each lot is limited by the required parking, which may be reduced according to the Shared Parking Standards. Food service may be provided at all times. Office Open Office: The area available for office uses on each lot is limited by the required parking, which may be reduced according to the Shared Parking Standards. Retail/Services Open Retail: The area available for retail use is limited by the required parking, which may be reduced according to the Shared Parking Standards. Artisanal Institutional Limited Artisanal: Institutional: Uses are approved Through through the planned planned unit unit development development process. The area process. available for artisanal use is limited to the principal building and a contiguous yard to its rear circumscribed by a solid masonry wall no less than eight feet hi Chapter 118: Page 225 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS 4_ District Uses Permitted Residential Uses Lodging Office Retail/Services Artisanal Civic All uses within the District category shall be developed through the Planned Unit Development process. The adjacent land uses will determine the development standards for district uses. *Institutional uses are permitted in all districts Building Disposition Lot Area Lot Coverage Front Setback Side Setback Rear Setback Follow adjacent Follow adjacent Follow adjacent Follow adjacent Follow adjacent development standards development standards development standards I development standards development standards Principal Building Height Outbuilding Height Bonus Density Allocation Standard Density Allocation Follow adjacent development Follow adjacent development Follow adjacent development Follow adjacent development standards standards standards standards Building Type I Edge Yard I Side Yard I Rear Yard I Court Yard Not Applicable Frontage Type Front Yard Porch & Fence Dooryard Forecourt Stoop Shopfront Not applicable Chapter 118: Page 226 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS �. FRo : g, ��. R� T2- V f Uses Permitted Residential Uses Lodging Office Retail/Services Artisanal Civic All uses within the Civic category shall be developed through the Planned Unit Development process. *Institutional uses are nermitted in all districts by PUD Lot Area Lot Coverage Front Setback Side Setback Rear Setback Determined by PUD Determined by PUD Determined by PUD Determined by PUD Determined by PUD Principal Building Height Outbuilding Height Bonus Density Allocation Standard Density Allocation Determined by PUD Determined by PUD Determined by PUD Determined by PUD Building Type Edge Yard Side Yard Rear Yard Court Yard Not Applicable Frontage Type Front Yard Porch & Fence Dooryard Forecourt Stoop Shopfront Not applicable Chapter 118: Page 227 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS L Der►nnfinn Uses Permitted Residential Uses Lodging Office Retail/Services Artisanal Civic All uses within the Civic Recreation category shall be developed through the Planned Unit Development process. *Institutional uses are permitted in all districts by PUD Building Type Lot Area Lot Coverage Front Setback Side Setback Rear Setback Determined by PUD Determined by PUD Determined by PUD Determined by PUD Determined by PUD Principal Building Height Outbuilding Height Bonus Density Allocation Standard Density Allocation Determined by PUD Determined by PUD Determined by PUD Determined by PUD Building Tgpe Edge Yard Side Yard Rear Yard Court Yard Not Applicable Frontage Type Front Yard Porch &Dooryard Forecourt Stoop Shopfront Fence Not applicable Chapter 118: Page 228 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS i. ra Uses Permitted Residential Uses Lodging Office Retail/Services Artisanal Civic All uses within the underlying land use district shall be permitted pursuant to the applicable land use district regulations. Parking structures shall be developed through the Planned Unit Development process. Building Type Lot Area Lot Coverage Front Setback Side Setback Rear Setback Determined by PUD Determined by PUD Determined by PUD Determined by PUD Determined by PUD Principal Building Height Outbuilding Height Bonus Density Allocation Standard Density Allocation Determined by PUD Determined by PUD Determined by PUD Determined by PUD Building Type Edge Yard Side Yard Rear Yard Court Yard Not Applicable Frontage Type Front Yard Porch & Fence Dooryard Forecourt Stoop Shopfront Not applicable Chapter 118: Page 229 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS H. Primary and Secondary Grids 1. Primary grid streets that will form a continuous, high quality pedestrian frontage are designated A streets. Secondary grid streets that will be permitted to maintain their automotive focus are designated B streets. It is the intent of this article that properties fronting on A streets shall have a higher level of regulation than B street properties. See Map A for A streets and B streets. 2. Primary Grid/A Streets a. Altamont Avenue. b. Avalon Street. C. Bay Street. d. Bayside Parkway. e. Broadway. f. Central Avenue from Dr. Martin Luther King, Jr. Boulevard to Market Street. g. Clifford Street. h. Cottage Street from Dr. Martin Luther King, Jr. Boulevard to Victoria Avenue. I. Cranford Avenue from Michigan Avenue to First Street. j. Dean Street. k. Dr. Martin Luther King, Jr. Boulevard from Heitman Street to Lee Street. I. Edison Avenue. m. Edwards Avenue. n. First Street. o. Fourth Street. p. Fowler Street from Second Street to Thompson Street. q. Hendry Street from Caloosahatchee River to Peck Avenue. r. Henley Place. S. Hough Street. t. Jackson Street. U. Johnson Street. V. Lee Street from Caloosahatchee River to Richmond Street. Chapter 118: Page 230 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS W. Liberty Street from Broadway to Jackson Street. X. Main Street. y. Michigan Avenue. Z. Monroe Street from Dr. Martin Luther King, Jr. Boulevard to Victoria Avenue. aa. Monroe Street from Edwards Avenue to Second Street. bb. Palm Avenue from Michigan Avenue to First Street. cc. Park Avenue. dd. Peck Avenue. ee. Poinsettia Avenue. ff. Providence Avenue. gg. Rhode Island Avenue. hh. Royal Palm Avenue. III. Second Street. A. Third Street. kk. Thompson Street from Fowler Street to Evans Avenue. II. Tournament Avenue. mm. Union Street. nn. Victoria Avenue. oo. Virginia Avenue. pp. West First Street. qq. Wilna Street. rr. Woodford Avenue. 3. Secondary Grid/B Streets a. Alicia Street. b. Cleveland Avenue. c. Dr. Martin Luther King, Jr. Boulevard from Cleveland Avenue to Heitman Street. d. Edison Bridge northbound approach (Park Avenue). Chapter 118: Page 231 ORDINANCE NO. 3422 CHAPTER 118. LAND USE REGULATIONS e. Fowler Street from Caloosahatchee River to Second Street. f. Fowler Street from Thompson Street south. g. Heitman Street from First Street to Dr. Martin Luther King, Jr. Boulevard. h. Hendry Street from Peck Avenue to Union Street. i. Lee Street from Richmond Street to Dr. Martin Luther King, Jr. Boulevard. j. Market Street from Central Avenue to Evans Avenue. k. Monroe Street from Second Street to Dr. Martin Luther King, Jr. Boulevard. I. Thompson Street from Lee Street to Fowler Street. Map Primary and Secondai Legend \` A -Streets 8 - Streets \�t l 1. \\y�s Y�. Y, Street t-rontage5 Chapter 118: Page 232 ORDINANCE NO. 3422 CHAPTER 142. DEFINITIONS CHAPTER 142. DEFINITIONS Detailed Contents CHAPTER 142. DEFINITIONS Article1. General............................................................................................................................1 142.1.1 Rules of Construction.....................................................................................................1 142.1.2 Abbreviations..................................................................................................................2 Article2. Defined terms.................................................................................................................3 ORDINANCE NO. 3422 ARTICLE 1. GENERAL CHAPTER 142. DEFINITIONS 142.1.1 Rules of Construction A. The rules stated in this section for the construction of language shall apply to the text of this land development code. B. The particular shall control the general. In case of any difference of meaning or implication between the text of this chapter and any caption, illustration or summary table, the text shall control. C. The word "shall' is always mandatory and not discretionary. The word "may" is permissive. D. Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and .the plural shall include the singular, unless the context clearly indicates the contrary. E. A building or structure includes any part. The term "used for" includes "arranged for," "designed for," "maintained for" or 'occupied for." The term "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected to the conjunction "and," "or," or "either ... or," the conjunction shall be interpreted as follows: 1. The term "and" indicates that all the connected items, conditions, provisions, or events shall apply. 2. The term 'or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination. 3. The term "either ... or" indicates that the connected items, conditions, provisions, or events shall apply singly, but not in combination. G. The term "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character. Chapter 142: Page 1 ORDINANCE NO. 3422 142.1.2 Abbreviations CHAPTER 142. DEFINITIONS Abbreviations used in the text of this Land development Code shall have the following meanings. Abbreviation Full Text ACLF Adult Congregate Living Facility CPTED Crime Prevention Through Environmental Design DBH Diameter at Breast Height DO Development Order DRI Development of Regional Impact FS Florida Statutes FT Feet GFA Gross Floor Area HUD US Department of Housing and Urban Development MAX Maximum MDP Master Development Plan MF Multifamily MIN Minimum MPO Metropolitan Planning Organization PUD Planned Unit Development RV I Recreational Vehicle SF Single-family SQ FT Square Feet Chapter 142: Page 2 ORDINANCE NO. 3422 CHAPTER 142. DEFINITIONS ARTICLE 2. DEFINED TERMS The following words, terms and phrases, when used in this land development code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Webster's Dictionary, latest edition, shall be used when words are not defined herein. Abandonment of application means to withdraw or to give up interest in an application for development, e.g. conditional use, planned unit development, subdivision, or vacation. Accessory use or structure means a use or structure on the same lot and of a nature customarily incidental and subordinate to the principal use or structure. Activity means any use of city -owned submerged lands that requires approval by the city by consent of use, lease, easement, sale or transfer of interest in such lands or materials. Activity includes, but is not limited to, the construction of docks, piers, boat ramps, boardwalks, mooring pilings, or other over -water structures, dredging or filling of city -owned submerged lands and the removal or planting of vegetation on city -owned submerged lands. Adult congregate living facility (ACLF) means any building or structure, whether operated for profit or not, which undertakes through its ownership or management to provide, for a period exceeding 24 hours, housing, food service, and one or more personal services for four or more non -related elderly persons, licensed by the department of health and rehabilitative services (HRS); but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Aggrieved person means any person attending a public hearing and officially voicing an objection to the proposed subject. Alley means a narrow service way dedicated to public use providing a secondary public means of access to abutting properties and not intended for general traffic circulation. Alteration of building or structure means any change in the supporting members of a building or structure (such as bearing walls, columns, girders) except such change as may be required for its safety; any addition to a building; or moving of a building from one location to another. Antenna, commercial wireless telecommunication, means any structure or device used for the purpose of collecting or transmitting, for commercial telecommunication purposes, electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas. Apartment house. See Multiple family dwelling. Applicant means a single property owner, developer or group of owners or developers (as in a special district) requesting an action by the city. Applicant means any person making application for authority to use or purchase city -owned submerged lands. Approved upland residential units means the number of residential units given final approval by the city for the upland parcel of land riparian to the Caloosahatchee River. For the purpose of this article, conceptual approval shall not be deemed to constitute final approval. Chapter 142: Page 3 ORDINANCE NO. 3422 CHAPTER 142. DEFINITIONS Benthic communities means any submerged land where associations of indigenous interdependent plants and animals such as grass beds or algal beds occur; and tidal swamps, including mangroves. The term communities is intended to reflect identifiable assemblages of organisms as opposed to scattered or single individuals. Block means any parcel of land entirely surrounded by public or private streets, watercourse, railway right-of-way or any combination of these, or any area designated as a block on a recorded subdivision plat. Boardinghouse, roominghouse or lodginghouse means a dwelling other than a hotel having one kitchen and used for the purpose of providing meals or lodging or both for compensation to persons other than members of the family occupying such dwelling. Boat see Vessel. Buffer yards means an area within a property or site, generally adjacent to and parallel with the property line, together with a specified type and amount of planting, designed to limit or minimize the conflicts between land uses and zoning districts. Buffer zones mean an area adjacent to a wetland, which protects wetland function and minimizes adverse impacts of upland development on wetland function. Building coverage means the percentage of a lot occupied by any solid roofed, or solid walled structure (not screen cages). Building envelope means the sum of the site, lot, yard setback and bulk standards, Generally, the term building envelope describes the size and location of the building on the site. Building means any structure having a roof and intended for shelter, housing or enclosure of persons, animals or chattels, and having enclosing walls for 50 percent or more of its perimeter. Building, principal, means a building in which is conducted the main or principal use of the lot on which such building is situated. Camouflaging architectural treatment means any alternative tower structures such as manmade trees, clock towers, bell steeples, light poles, and similar alternative -design mounting structures that conceal the presence of antennas or towers; includes stealth facilities. Canopy (trees) means more or less continuous cover of branches and foliage formed collectively by the crowns of adjacent trees or other woody growth. Church/place of worship means a structure or structures designed primarily for accommodating an assembly of people for the purpose of religious worship including related religious instruction, church/synagogue ministries involving classes for 100 or less children during the week, and other church/synagogue sponsored functions, which do not exceed the occupancy limits of the building. Clinic means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one person or group of persons practicing any health building services to individuals, whether such persons be medical doctors, chiropractors, psychologists, social workers, physical therapists, dentists or any such profession, the practice of which is lawful in the state and in the city. This definition does not include aerobic studios, nautilus and other commercial exercise studios. Chapter 142: Page 4 ORDINANCE NO. 3422 CHAPTER 142. DEFINITIONS Club means buildings and facilities owned and operated by a corporation or association of persons for social or recreational purposes, but not operated primarily for profit or to render a service which is customarily conducted as a business, nor open to the general public, but rather restricted to members or otherwise. Collapse zone means the area surrounding a commercial wireless telecommunication tower within which the tower would fall or collapse in the event of a structural failure of all, or part, of the tower. Collection sewer system means piping and pumping facilities required to collect sewage flows generated within specific individual collection system service areas, transporting these flows to interceptor systems. Piping and appurtenances within collection sewer systems are considered to include eight -inch sewer mains, unless larger sizes are deemed necessary for proper transport of flows in a specific collection system service area. The requirement for material sizes larger than those aforementioned shall be deemed necessary at the sole discretion of the city. Collocation means locating wireless communications equipment from more than one provider on a single tower, building, or structure. Commercial center means any group of four or more tenants, offices or units including but not limited to retail, service, professional, wholesale, etc., excluding "industrial flex" uses. Commercial dock means any dock built in conjunction with other than one -family or two-family residences. Commercial wireless telecommunication facility means a wireless telecommunications facility consisting of the equipment and structures involved in receiving telecommunication or radio signals from mobile radio communications sources and transmitting those signals to a central switching computer which connects the mobile unit with the land -based telephone lines. Comprehensive plan or city comprehensive plan means the plan most currently in effect as adopted by the city pursuant to Chapter 163, Part Il, The Local Government Comprehensive Planning and Land Development Regulation Act, as it may be amended from time to time. Concurrency management system means the procedures and processes that the city shall utilize to ensure that development permits, when issued, will not result in a reduction of the level of service standards in the city comprehensive plan and land development code. Conditional use means a use that would not be appropriate generally or without restriction throughout the particular zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would not adversely affect the public health, safety, comfort, good order, appearance, convenience, morals and the general welfare. Such uses may be permitted in such zoning district as conditional uses only if specific provisions and standards for such special exceptions are found to be met. Cross connection means any real or potential unprotected connection between the potable water works system of the city and any other source or system containing water or other substance. Cul-de-sac means any dead-end street permanently closed at one end and terminated by a circular vehicular turnaround. Developer means the owner or authorized agent of the owner of the development, who shall have the legal right to bind the owner to all legal obligations. Chapter 142: Page 5 ORDINANCE NO. 3422 CHAPTER 142. DEFINITIONS Development means the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels. (1) The following activities or uses shall be taken for the purposes of this section to involve "development," as defined herein: a. A reconstruction, alteration of the size, or material change in the external appearance of a structure or land. b. A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land. C. Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal, including any coastal construction. d. Commencement of drilling, except to obtain soil samples, mining or excavation on a parcel of land. e. Demolition of a structure. f. Clearing of land as an adjunct of construction. g. Deposit of refuse, solid or liquid waste or fill on a parcel of land. h. Any proposed change in land use which alters the demands for water and/or wastewater services. In determining the size or extent of the development, the city may reasonably exercise its discretion based on submitted subdivision plats or zoning classifications for any contiguous or integrated parcel or parcels of land owned or controlled by the developer through lease, trust, option or other similar means. (2) The following operations or uses shall not be taken for the purpose of this section to involve "development" as defined herein: a. Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way. b. Work by any utility and other persons engaged in the distribution or transmission of gas or water for the purpose of inspecting, repairing, renewing or constructing on established rights -of -way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks or the like. C. Work for the maintenance, renewal, improvement or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure. d. The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling. e. The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural purposes. Chapter 142: Page 6 ORDINANCE NO. 3422 CHAPTER 142. DEFINITIONS f. A change in use of land or structure from a use within a zoning classification in this code to another use in the same zoning classification. g. A change in the ownership or form of ownership of any parcel or structure. h. The creation or termination of rights of access, riparian rights, easements, covenants, concerning development of land or other rights in land. (3) "Development," as designated in an ordinance, rule or development permit, includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, "development" refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities are not development. Reference to particular operations is not intended to limit the generality of subsection (1) of this definition. (4) Development permit, for purposes of the concurrency management system, is defined as one of the following: a. Building permit; b. Preliminary and final subdivision plats; C. Conditional use; d. Planned unit development; e. Development of regional impact (development order). Development order means any order granting, denying, or granting with conditions an application for development, including but not limited to a building permit, rezoning, conditional use, variance, subdivision plat, planned unit development; development of regional impact development order, certificate of compliance, and certificate of review, but does not include comprehensive plan amendments, amendments to the text of the land development code, or development agreements. Development agreement means either a "home rule development agreement" or a "statutory development agreement", as defined below. (1) Home rule development agreement means an agreement made by the city pursuant to its home rule powers, and not pursuant to the "Florida Local Government Development Agreement Act', but only in those cases where "development", as defined in Section 163.3221(3), Florida Statutes, is to be undertaken by a person who is not a "local government', as defined below, Florida Statutes, or an agency of the State of Florida (2) Statutory development agreement means any agreement made specifically pursuant to the "Florida Local Government Development Agreement Act." Diameter breast height (DBH) means the diameter in inches of a tree measured at 4'/2 feet above the existing grade. Distribution main means a conduit used to supply reclaimed water from transmission mains to service lines. Chapter 142: Page 7 ORDINANCE NO. 3422 CHAPTER 142. DEFINITIONS Dock means a fixed or floating structure, including access walkways, terminal platforms, catwalks, mooring pilings, lifts, davits, and other associated water -dependent structures, used for mooring and accessing vessels. Dock, residential, means a structure which allows for the dockage of no more than two boats in a single-family or two-family residential district. Downtown area means the area lying west of Fowler Street to Second Street, north of Second Street to Lee Street, west of Lee Street to Thompson Street, south of Thompson Street to Fowler Street, west of Fowler Street, west of Fowler Street to the old Atlantic Coast Line Railroad, north of Atlantic Coast Line Railroad and Peck Avenue to Broadway, west of Broadway to Lot 40, Monroe Heights Subdivision, north of Lots 40 and 28, Monroe Heights Subdivision, to Monroe Street, west of Monroe Street to Lot 19, Monroe Heights Subdivision, north of Lot 19, Monroe Heights Subdivision, and north of Lot 6, West End Subdivision to Cottage Street, east of Cottage Street to Lot 19, Carl Roberts Subdivision, north of Lot 19, Carl Roberts Subdivision, and Lot 8, Matson Subdivision, to Heitman Street, east of Heitman Street to Parcel No. 1511, north of Parcel Nos. 1511 and 1497 (St. Xavier Church) to Cleveland Avenue (U.S. 41), east of Cleveland Avenue to Carson Street, northeast of Carson Street to Parcel No. 42, north of Parcel No. 38 and Lots 11 and 12, Henley Place Subdivision, north of Lot 8, Henley Place Subdivision, north of Lots 12, 14, 16, 18, 20, 22, 24, 25, and 26, Bayside Park Subdivision, west of Lots 21, 23, and 25, Bayside Park Subdivision, south of Parcel No. 75.4 to Wilna Street, east of Wilna Street to Parcel No. 882, north of Parcel Nos. 882, 1003 to Clifford Street, northeast of Clifford Street to the Caloosahatchee River and south of the river from Clifford Street to Fowler Street as shown on the map on file in the city clerk's office. The above referenced subdivisions are recorded as follows in the county records office: (1) Bayside Park Subdivision, recorded Plat Book 8, Page 72. (2) Henley Place Subdivision, recorded Plat Book 4, Page 54. (3) Matson Subdivision, recorded Plat Book 5, Page 53. (4) Monroe Heights Subdivision, recorded Plat Book 1, Page 43. (5) Roberts, Carl Subdivision, recorded Plat Book 1, Page 17. (6) West End Subdivision, recorded Plat Book 3, Page 19. Parcel numbers referenced above refer to parcel maps filed in the city clerk's office. Driveway means an entrance or exit onto any street for vehicular traffic. Dwelling means a building or portion thereof, designed or used exclusively for residential occupancy, but not including hotels or motels. Dwelling, multiple -family, means a building, or group of buildings, designed as three or more dwelling units to include apartments and condominiums where the individual units may be individually owned or leased and each unit is completely separated from any others by a rated firewall or a fire and sound resistant enclosed separation or space such that it meets the adopted city building code, but the land on which the building is located is on a single lot of record. Dwelling, single-family, means a single, freestanding, conventional building designed as one dwelling unit on a single lot of record. Chapter 142: Page 8 ORDINANCE NO. 3422 CHAPTER 142. DEFINITIONS 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 unit is located on a separate lot of record. Dwelling, townhouse or dwelling, townhome, means one dwelling unit in a row of at least three dwelling units attached to each other by a common wall or roof wherein each unit has a direct exterior front access and no dwelling unit is located above another, and each unit is completely separated from any others by a rated firewall or a fire and sound resistant enclosed separation or space such that it meets the adopted city building code, and where each dwelling unit may be on a separate lot of record. Dwelling, two-family, means a single, freestanding, conventional building designed as two dwelling units attached by a common wall or roof, but wherein both units are located on a single lot of record. Dwelling unit means a room or rooms connected together, constituting a separate, independent housekeeping establishment for a family, for owner occupancy or rental or lease, and physically separated from any other rooms or dwelling units which may be in the same structure and containing sleeping and sanitary facilities. (Also see section 78-62.) Easement means a non -possessory interest in city -owned submerged lands created by a grant or agreement which confers upon the applicant the limited right, liberty, and privilege to use said lands for a specific purpose and for a specific time. Effluent means wastewater or other liquid after some degree of treatment flowing out of any treatment device or facility. Employment agency means a professional business office where interviewing, testing, referring and other administrative functions relating to professional, technical, administrative or clerical employment and hiring are performed. No outside activities are conducted, and employees do not typically report to the employment agency prior to going to the jobsite. Existing land use means that land use which is either completed, under construction, or fully approved by the city for the upland property. Family means one or more persons living together as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodginghouse, club, fraternity, or hotel. A personal caretaker or nursing care provider serving one of the family members and who lives onsite is also considered a family member. Filling station. See Service station. Garage apartment means a separate accessory building on a single-family lot, structurally not substantially connected to the existing primary single-family dwelling on the lot, and which is used for residential occupancy as designed or intended to provide living and sleeping quarters with bathroom facilities, regardless of whether cooking or kitchen facilities are present. Garage, private, means an accessory building or a portion of the principal building used for storage of automobiles of the occupants of the principal building; a carport is a private garage. Garage, public, means a garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other vehicles. Chapter 142: Page 9 ORDINANCE NO. 3422 CHAPTER 142. DEFINITIONS Garage sale means the sale of personal property conducted in or near a residence, including patio sales, rummage sales or other similar sales. Gatehouse or guardhouse means a structure, located near a point of access to a development, for the purpose of controlling or monitoring access to that development. Grandfathered structure means any structure located on submerged lands in existence as of June 11, 2007. Height (building) means the vertical distance measured from the mean finished grade 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 minimum floor elevations in flood hazard areas have been established by law, the building height shall be measured from such required minimum floor elevations. Home business means any personal service or business, which is provided for others at or away from the applicant's residence, for monetary gain or support, which is conducted from or in a residential premises. Home businesses shall not be construed to include barbershops, beauty shops, tearooms, restaurants, dress shops, commercial kennels, dance studios, repairs shops, carpet cleaning services, or any other similar uses. Hotel or motel means a building or other structure kept, used or maintained and advertised as or held out to the public to be a place where sleeping accommodations are supplied for pay, catering primarily to transient guests, and dining rooms, restaurants and cafes, being conducted in the same building or accessory buildings in connection therewith. Illegal situation means any building, structure, land or use thereof which did not conform to the regulations in place prior to and after the adoption of the land development land development code. Interceptor sewer system means piping and pumping facilities required to transport sewage flows obtained from, and generated in, individual collection sewer systems to a sewage treatment facility. Interceptor sewer system piping and appurtenances consist of sewer mains larger than eight inches in diameter. Junkyard means an open area where waste, used or secondhand materials are bought, sold, exchanged, salvaged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, cloth, paper, rags, bags, plumbing or electrical fixtures or appliances, tires, batteries, bottles, glass, inoperable vehicles and auto parts. Kennel means a building or property where dogs and/or other small animals and/or pets are kept, sheltered, boarded, or medically treated either for or without compensation. Labor pool means a location which may include an office where labor, unskilled or otherwise, is hired for short term or long term. This includes a location where a laborer arrives at a designated labor pool site, determines if work is available, and waits for a pick-up to the work site or waits to be chosen for work. Large development means developments which may be expected to generate more than 300 trip ends in the peak hour, based on the Institute of Transportation Engineers Trip Generation Handbook, the most current edition. Chapter 142: Page 10 ORDINANCE NO. 3422 CHAPTER 142. DEFINITIONS Laundromat (self-service laundry) means a business rendering a retail service by renting to the individual customer the temporary use of equipment for the self-service of washing, drying and otherwise processing of laundry and dry cleaning. Lease means an interest in city -owned submerged lands designated by a contract creating a landlord -tenant relationship between the city, as landlord, and the applicant, as tenant/lessee, whereby the city grants and transfers to the lessee the exclusive use, possession, and control of a certain specified area of submerged lands for a determinate number of years, with conditions attached, at a definite fixed rental rate. Lessee means the entity granted a leasehold or other interest in a specifically identified parcel of submerged land. Level of service means an indicator of the operational condition of a facility or service. Living area means all areas within the enclosing walls of the building except garages, outside utility rooms, carports, cabanas, porches, patios and unroofed or unenclosed areas. Lot means 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. Lot, corner, means a parcel of land at the junction of, and abutting on, two or more intersecting streets. Lot depth means the distance measured from midpoint of the front line to the midpoint of the rear line of the lot. Lot, flag, means a lot not fronting on or abutting a street and where access to the street is by a narrow private easement; or an "L"-shaped lot or other irregularly shaped lot which abuts and has access to a street but does not comply with the minimum frontage requirements for the land use district in which it is located. Lot, front, means that portion of a lot abutting a street right-of-way. On corner lots the front shall be that portion of the lot having the least horizontal distance as measured along each of the abutting street rights -of -way. Through lots shall be considered as having two fronts. Lot, interior, means a lot other than a corner lot. Lot lines means the lines outlining the boundaries of a lot or parcel of land. Lot of record means a lot which is part of a subdivision, the plat of which has been recorded in the office of the Clerk of the Circuit Court of the county, or a parcel of land the deed of which has been recorded in the office of such clerk in the county and was legally created and in existence prior to the effective date of the ordinance from which this section was derived. Lot, rear, means that portion of a lot lying at the opposite end to the front of a lot. Lot, reverse frontage, means a through lot or corner lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts. Lot, through, means an interior lot having frontage on two streets. Lot width means the horizontal distance between the side lot lines measured at the front setback line. Chapter 142: Page 11 ORDINANCE NO. 3422 CHAPTER 142. DEFINITIONS Marginal dock means a dock placed immediately adjacent and parallel to the shoreline or seawall, bulkhead or revetment. Marina means a complex used primarily for boat mooring or storage. Marina means a boating facility, chiefly for recreational boating, located on navigable water frontage, and providing all or any combination of the following: boat slips or dockage, dry boat storage, marine fuel and lubricants, marine supplies, restaurants or refreshment facilities, boat and boat motor sales, and rentals. Minor boat, rigging and motor repair which is incidental to the principal marina use is generally allowed as an accessory use. However, no dredge, barge or other work dockage or service is permitted, and no boat construction or reconstruction is permitted. The word "marina" shall not be construed to apply to docks, davits, boathouses and similar facilities appurtenant to a residential land use providing only dockage or mooring. Marquee means any hood, awning or permanent construction projecting from the wall of a building above an entrance and extending over a thoroughfare. Mean high water line is a continuous line defined by the intersection of the local vertical elevation of mean high water and the shoreline. The mean high water line along the Caloosahatchee River is recognized and declared to be the boundary between the submerged lands owned by the City and the adjacent uplands. No provision of this article shall be deemed to impair the title to privately owned submerged lands validly alienated by the State of Florida or its legal predecessors or the city. Mean high water means the average height of the high tides over a 19 year period. For shorter periods of observation, mean high water means the average height of the high waters after corrections are applied to eliminate known variations and to reduce the result to the equivalent of a mean 19 year value. Mini -warehouse means a structure containing separate storage spaces leased, rented or sold on an individual basis. Minimum -size dock or pier means a dock or pier that is the smallest size necessary to provide reasonable access to the water for vessel mooring, fishing or swimming based on consideration of the immediate area's physical and natural characteristics, customary recreational and navigational practices, and docks and piers previously authorized by the city. Mobile home means a structure, transportable in one or more sections, which is eight body feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. Mobile home park means a plot of ground upon which ten or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation. Multi -slip docking facility" means any marina or dock designed to moor three (3) or more vessels. Nonconformity means any legal building, structure, land, or use thereof, existing at the time of enactment of this land development land development code, or amendment thereof, and which, after the enactment or amendment, does not conform to the regulations of the district in which it is situated. Nursing (convalescent) home means a home for the aged, chronically ill or incurable persons in which three or more persons not of the immediate family are received, kept or provided for with food and Chapter 142: Page 12 ORDINANCE NO. 3422 CHAPTER 142. DEFINITIONS shelter or care; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Open space means land which is required to remain as open space as set forth in Chapter 138 of the city code of ordinances and which may be used for recreation, resource protection and specified other purposes. Open to the public means multi -slip and commercial docking facilities that are open to the general boating public on a first come, first served basis, on a daily, monthly or annual basis and during those operating hours available to the private use of those facilities. Parcel means the contiguous land in the same ownership which is not divided by any public highway, street or alley or right-of-way therefore. Person means individuals, minors, partnerships, corporations, joint ventures, estates, trusts, syndicates, fiduciaries, firms, and all other associations and combinations, whether public or private, including the United States of America and other governmental entities. Pier means a fixed or floating structure used primarily for fishing or swimming and not designed or used for mooring or access by vessels. Preempted area means the area of submerged land from which any traditional public uses will be excluded or limited by a regulated or permitted activity. The area may include, but is not limited to, the submerged lands occupied by over -water structures; the area between the structures, extended to fixed moorings, occupied for permanent use, or areas where mooring routinely occurs are no longer reasonably accessible to the general public. If the activity is required to be moved waterward to avoid dredging or disturbance of nearshore habitat, a reasonable portion of the nearshore area that is not impacted by dredging or structures shall not be included in the preempted area. Private residential single-family dock or pier means a dock or pier used for private recreational or leisure purposes that is located adjacent to a single-family riparian parcel or that is shared by two adjacent single-family riparian owners if located on their common riparian rights line. Plumbing means all pipes, fittings and appurtenances on the property owner's side of the meter or outside easement areas. This includes the property owner's extension from the reclaimed water distribution system up to and including the residential/commercial/industrial units. Primary Street means a street designated on the Official Zoning Map with a pedestrian, urban or commercial frontage (see 118.2.2.C). Any street not designated on the Official Zoning Map shall be considered a side street. Protective barrier means a physical structure, limiting access by heavy machinery to the surface area around a tree to be protected, composed of scrap lumber, stakes and rope or other suitable material. Public access navigation channel means any dredged channel used by upland owners of private residential docking facilities to access deeper water of the Caloosahatchee River, regardless of whether the channel is also used and maintained by multi -slip docking facilities. Public facilities, for the purposes of the concurrency management system, means the following: (1) Potable water; Chapter 142: Page 13 ORDINANCE NO. 3422 (2) Sanitary sewer; (3) Solid waste; (4) Stormwater management; (5) Parks and recreation; (6) Transportation. CHAPTER 142. DEFINITIONS Public interest means demonstrable, quantifiable environmental, social or economic benefits which would accrue to the public at large as a result of a proposed action, and which would clearly exceed all demonstrable environmental, social and economic costs of the proposed action. In determining the public interest in a request for use, lease, or transfer of interest in sovereignty lands or severance of materials from sovereignty lands, the city shall consider the ultimate project and purpose to be served by said use, lease, or transfer of lands or materials. Public notice, unless otherwise specified, means posting of a notice on the city hall bulletin board and the posting of the property or area concerned. Public utilities means those services provided by persons regulated by the Public Service Commission or which are provided by rural cooperatives, municipalities, or other governmental agencies, including electricity, public water and wastewater services, and structures necessary for the provision of these services and transmission lines for public communication systems such as telephone, radio, television or telecommunication facilities. Readily visible means visually conspicuous from public view. A commercial wireless telecommunication facility which is camouflaged, screened or obstructed from view from a public street, public place (where the general public has a right to be and to go), or a residential use on a residentially designated property such that its presence is not conspicuous, as determined by the approving authority, shall not be deemed readily visible. Reclaimed water means effluent from city owned and operated wastewater treatment plants, which subsequently has been treated to a minimum of advanced secondary standards and meets the standards of state department of environmental protection; includes the term "treated effluent." Reclaimed water distribution system means a system of improvements or line extension used to distribute reclaimed water to customers from a reclaimed water treatment/pumping facility consisting of, but not limited to, water mains, valves, fire hydrants, service connections, etc. Reclaimed water supply facilities means those facilities used to develop a source of reclaimed water and its treatment including, but not limited to, reclaimed water mains, storage tanks, pump stations, etc. Recreational vehicle means the type of unit primarily designed as temporary living quarters for recreational, camping or travel use which either has its own motive power or is mounted on or drawn by another vehicle. Recycling means any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or new products. A majority of the materials must be demonstrated to be sold, used, or reused within one year. The materials are not hazardous wastes and have not been recovered from solid wastes which are defined as hazardous wastes under F.S. § 403.703, and rules promulgated pursuant thereto. Recycling may include scrap processors who from a fixed location, Chapter 142: Page 14 ORDINANCE NO. 3422 CHAPTER 142. DEFINITIONS utilizes machinery and equipment for processing and manufacturing iron, steel, nonferrous metals, plastic, glass and paper into prepared grades and whose principle products are scrap iron, scrap steel, nonferrous scrap metal, scrap plastics, scrap glass and scrap paper for sale for remelting, refining, smelting and remanufacturing purposes. Recycling does not include automobile dismantlers, wreckers or automobile graveyards. Remove or removal (tree) means the actual removal or knowingly causing removal or knowingly causing the effective removal through damaging, poisoning or other direct or indirect actions resulting in death to the tree. Residential care facilities means establishments primarily engaged in the provision of residential social and personal care for children, the aged and special categories of persons with some limits on ability for self -care, but where medical care is not a major element. Included are establishments providing 24-hour year-round care for children. Establishments provide a living environment which constitutes a single housekeeping unit with staff, including such supervision and care as may be necessary to meet the physical, emotional, and social needs of the residents for a period exceeding 24 hours and licensed by the department of health. Retaining wall means a vertical bulkhead constructed landward of the mean high water line and wetland vegetation. A retaining wall may be subject to inundation under extreme high tides or storm surges associated with tropical weather events. Riparian line means the waterward extension of the boundary lines of the upland property where it intersects the mean high water line. The boundary line is then extended, perpendicular to the shoreline, perpendicular to the thread of the stream, or to the nearest limit of the navigable channel, thereby delineating the areal extent of the riparian rights of the upland property. Riparian rights means those rights incident to land bordering upon navigable waters, as recognized by the courts and common law. River means the Caloosahatchee River and associated tributaries. R.V. trailer means a recreational vehicle -type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. Sale means a conveyance or transfer of title of submerged land in fee simple by the city, for consideration. Satellite apartments means a facility which provides a semi-independent, minimally structured apartment setting for one to four clients who have attained adequate independent living skills and require minimal staff support. The apartments in this setting are owned or leased by the service provider and rented to clients. These types of facilities shall be considered multifamily residential dwellings and shall comply with the requirements of the district in which it is located. Satisfactory evidence of sufficient upland interest shall be demonstrated by documentation, such as a warranty deed; a certificate of title issued by a clerk of the court; a lease; an easement; a condominium, homeowners or similar association documents that clearly demonstrate that the holder has control and interest in the riparian uplands adjacent to the project area and the riparian rights necessary to conduct the proposed activity. Other forms of documentation shall be accepted if they clearly demonstrate that the holder/applicant has control and interest in the riparian uplands adjacent to the project area and the riparian rights necessary to conduct the proposed activity. Chapter 142: Page 15 ORDINANCE NO. 3422 CHAPTER 142. DEFINITIONS Seawall means a structure designed to resist wave attack and retain earthen fill on the landward side of the structure. Seawalls are exposed to the water surface under all tidal conditions. Seawall, seawall line means a wall situated so as to resist the encroachments of bodies of water, including areas used for retention. Semi -trailer means any vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle. Service line means conduit for water or sewage from the distribution or collection pipe to the property line or point of delivery. Service station means any building, structure or land used for dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories and in connection with which is performed general automotive servicing as distinguished from automotive repairs; may also refer to convenience stores with gas pumps. Sewage treatment facilities means piping, pumping, treatment facilities and all other assets required to provide treatment and disposal of sewage flows generated within the sewage treatment facilities service area. Sewer system means facilities and all other assets for the collection, transmission, treatment and disposal of sewage flows from the city's current and future customers. The sewer system does not include sewer service connections. Side Street means any street not designated on the Official Zoning Map with a pedestrian, urban or commercial frontage (see 118.2.2.C). Any designated street shall be considered a primary street. Sign means any device designed to inform or attract the attention of persons by the display of characters, letters, illustrations or any ornamentations. Sign height means the distance from the top of the sign to the existing natural grade. Sign surface area means: (1) The entire area within one circle, triangle, or parallelogram enclosing the extreme limits of writing, representation, emblem, or figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed; excluding the necessary supports or uprights on which the sign is placed. (2) Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign except where two such faces are placed back to back parallel to each other and are at no point more than four feet from one another. The area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are on unequal area. (3) Membership and brand name signs are considered as part of the sign surface area. (4) All of the lettering and other sign elements printed on a wall of a building without any distinguishing border, panel or background and pertaining to the same enterprise shall be treated as a single sign for purposes of the area computation. Copy shall not be repeated on any one surface. Chapter 142: Page 16 ORDINANCE NO. 3422 Signs, types of, means: CHAPTER 142. DEFINITIONS (1) Abandoned sign means a sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, product or activity conducted or product available on the premises where such sign is displayed. (2) Balloon sign means a balloon or gas -filled shape when used to call attention to a location or to advertise. (3) Banner sign means a temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere. (4) Bench sign means any bench or other seat used for the display of any message. (5) Changeable copy sign (manual) means a sign on which copy is changed manually in the field, i.e., reader boards with changeable letters or changeable pictorial panels. (6) Changeable message sign (automatic) means any electrical or electronically controlled sign where different messages or copy changes are shown, including tri-vision panels. However, messages may not move or appear to move. A change of message may not occur more than at ten -second intervals. (7) Directional sign means a non -advertising sign or symbol (entrance, exit, no parking, in, out, arrow, etc.) located on, and pertaining to, a given premises not to exceed four square feet in area, and not more than 2 1/2 feet in height. (8) Directory sign means a sign which gives the name and/or occupation of the occupants of the building, or gives the use of the building, including office building directories, church directories, and apartment house directories. When an identification of any entity is placed on a common directory board with identical uniform style and size of letters such identity shall not be defined as a separate sign but considered as a part of a directory board sign. (9) Exempt sign means signs exempted from normal permit requirements. (10) Flashing sign means a sign which contains an intermittent or flashing light source or gives the illusion thereof, except those that may be classified as changing message signs. (11) Ground sign means a sign erected on a freestanding frame, mast or pole and not attached to any building. (12) Illuminated sign means any sign which emanates lights, either by means of exposed tubing or lamps on its surface, or by means of illumination transmitted through the sign faces. (13) Incidental sign means a sign restricted to trading stamps, credit cards accepted, official notices of services required by law, or trade affiliations. (14) Marquee sign means any sign attached to or constructed in or on a marquee. (15) Monument sign means any freestanding solid monument structure containing a sign face which is supported solely by its own ground -mounted base, and which is not affixed or attached in any way to a building or other structure. The ground -mounted base shall be Chapter 142: Page 17 ORDINANCE NO. 3422 CHAPTER 142. DEFINITIONS equal to or greater than the length of the sigh face, including the cabinet or any structure within which the sign is located. (16) Municipal sign means any sign erected by the city relating to city -owned or city -sponsored facilities or events erected on property owned or leased by the city. (17) Nonconforming sign (legal) means any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this Code and any amendments thereto and which fails to conform to all applicable regulations and restrictions of this Code. (18) Off -premises sign means a sign that advertises goods, products, services or facilities or directs persons to a different noncontiguous location from where the sign is installed. (19) Portable sign means any sign not permanently attached to the ground or a building. (20) Projecting sign means a sign attached to a building or other structure and extending more than 12 inches beyond that portion of the building or structure to which it is attached. (21) Real estate sign means a "For Sale," 'Rent," or "Lease" sign. (22) Residential, subdivision, commercial or industrial identification sign means a sign, masonry wall, landscaping and other similar materials or features may be combined to form a display for neighborhood or tract identification, provided that the legend of such sign or display shall consist only of the subdivision, commercial or industrial name, and description of the project name. (23) Revolving sign means any sign or portion of a sign that moves in a revolving or similar manner. (24) Roof sign means any sign or portion of a sign which is above the roof surface and within the perimeter of the outside edge of the roof of any building. (25) Sandwich sign (A -type sign) means any sign typically designed to be carried by hand from place -to -place; often but not always consisting of two panels hinged together at the top. (26) Seasonal or holiday signs means signs such as Christmas decorations, those used for a historic holiday, and installed for a limited period of time. (27) Swinging sign means a sign installed on an arm or spar that is not, in addition, permanently fastened to an adjacent wall or upright pole. (28) Temporary sign means a sign which is not permanently affixed. All devices such as searchlights, sidewalks, or curb signs. (29) Under -canopy sign means any sign mounted under any canopy marquee or awning. Shall be limited to six square feet. (30) Unlawful sign means a sign which is contrary to this Code or which the building official may declare as unlawful if it becomes dangerous to public safety by reason of dilapidation or abandonment of an unlawful sign for which a permit required under a previous code was not obtained. Chapter 142: Page 18 ORDINANCE NO. 3422 CHAPTER 142. DEFINITIONS (31) Wall sign means any sign on the side or fascia of buildings extending less than 12 inches beyond that portion of the building to which it is attached. (32) Windblown sign means any spinner, flag, bunting, banner or other sign or device that may be moved by the wind or other movements of the atmosphere. (33) Window sign means any sign inside a building, mounted on, attached to, or located within two feet of a window and visible from the outside (not to include merchandise on display). Adhesive vinyl decals, not larger than five inches may be located on the outside of the window. Single family dock see Private single-family dock or pier. Site improvement means any physical improvement or change to land including, but not limited to, utilities, excavation, filling, grading, paving and landscaping. Slip means an area within a dock designed for mooring of a single vessel. Special Event see Temporary Use. Street means a public or private thoroughfare, including avenue, road, lane, drive or other such terms. (1) Arterial means a road which is designated by the comprehensive plan as an arterial. (2) Collector means a road which is designated by the comprehensive plan as a collector. (3) Local street means a street not designated as an arterial or collector in the comprehensive plan. (4) Public street means a street that has been dedicated to the public by the approval of an appropriate governmental agency and by the recordation of a plat, deed or other document in the public records. (5) Private street means a street that is not dedicated to the public; or has been dedicated to the public but the offer of dedication has not been accepted by express action of the city council. Structure means anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground. Subdivision means the division or redivision of a parcel of land into three or more lots or parcels, either by plat or by metes and bounds description for the purpose of transfer of ownership or development, or, if a new street is involved, any division of a parcel of land. Submerged lands means that land located under the Caloosahatchee River and associated tributaries owned by the pursuant to Chapter 6962, Laws of Florida, 1915. Supervised apartments means a facility which consists of a grouping of apartment units with an apartment or office for staff who provide on -site assistance 24 hours per day, seven days per week. The facility may be comprised of a block of apartments within a large apartment complex. These specialized multifamily residential dwellings shall comply with the requirements of the district in which they are located. Chapter 142: Page 19 ORDINANCE NO. 3422 CHAPTER 142. DEFINITIONS Telecommunication line means a permanent hardwire connection, extending from shoreline to shoreline, providing such services as voice communications, video signals, internet material, electronic mail, or data in exchange for consideration. Temporary Use means the installation and use of over -water structures, for a limited period of time associated with the customary use of the associated upland facility and not subject to a fee for mooring to use the upland facility. Tower means a guyed, monopole, or self-supporting tower, taller than ten feet constructed as a freestanding structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting and/or receiving television, radio, digital, microwave, cellular, telephone, or similar forms of electronic communication. Tower, guyed, means a communication tower that is supported, in whole or in part, by guy wires and ground anchors. Tower, monopole, means a communication tower consisting of a single pole, constructed without guy wires and ground anchors. Trailer means any vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that no part of its weight or that of its load rests upon the towing vehicle. Trailer park. See Mobile home park. Transmission main means a conduit used to supply water from the pumping station or treatment plant to the distribution main. Tree means any standing, healthy, living, woody plant, together with its root system, of a species which normally attains a minimum overall height at maturity of at least 15 feet in the city. Used car sales lot means a lot or parcel of land used for the display and sale of used automobiles. Variance means a modification of the zoning regulations when such variance will not be contrary to the public interest and when, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the land use regulations would result in unnecessary and undue hardship. Vessel is synonymous with Boat and includes every description of watercraft, barge, and air boat, other than a seaplane on the water, used as a means of transportation on the water. Watercraft see Vessel. Water -dependent activity means an activity that is typically conducted on, in, over, or adjacent to water areas because of their inherent use, enjoyment or need for the water environment. Such activities include transportation, recreation, energy production or transmission, source of water, or where the use of the submerged lands is an integral part of the upland activity. Harbormaster offices which provide services associated with marina operations are considered to be water -dependent activities. Water distribution system means piping systems which receive potable water supplies from the water transmission system and distribute these supplies within specific individual distribution system service areas. Piping and appurtenances within water distribution systems are considered to include those sizes eight inches or smaller, unless pressure requirements in a specific distribution Chapter 142: Page 20 ORDINANCE NO. 3422 CHAPTER 142. DEFINITIONS system service area are required. The requirement for material sizes larger than eight inches shall be deemed necessary at the sole discretion of the city. Water system means facilities and all other assets for the supply, treatment, transport and distribution of potable water to the city's current and future water customers. The water system does not include water service connections. Water transmission system means piping, pumping and storage facilities which transport and store treated potable water from the water treatment facilities at quantities and pressures sufficient to meet the existing and anticipated future demands of the water distribution system in the water treatment facilities service area. The water transmission system consists of pipelines and appurtenances larger than eight inches in diameter in size, unless otherwise determined at the sole discretion of the city. Water treatment facilities means piping, pumping, storage facilities and all other assets required to provide supply and treatment of water to potable standards for existing and anticipated future uses within the water treatment facilities service area. Waterway means the Caloosahatchee River and its tributaries. Wetlands means areas that are inundated by surface water or groundwater with a frequency sufficient to support, and under normal circumstances do or would support, a predominance of vegetative or aquatic life that requires saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs, cypress heads and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats and natural ponds. Yard means a required open space on a lot unoccupied and unobstructed by any structure or portion of a structure from ground level upward, except as otherwise provided herein. Yard, front, (front setback line) means a yard extending across the front of a lot between the side lot lines and being the minimum required horizontal distance between the front lot line and the nearest wall or column line of the building. Yard, rear, (rear setback line) means a yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the nearest wall or column line of the building. Yard, side, (side setback line) means a yard extending along the side of a lot between the front yard and the rear yard and being the minimum horizontal distance between the side lot line and the nearest wall or column line of the building. Yard, water frontage (setback from water) means a yard extending across the rear, or along the side of a lot that abuts the existing bulkhead when such exists or that abuts the waterway and being the minimum horizontal distance between such bulkhead or mean high-water line and the nearest wall or column line of the building. Chapter 142: Page 21 ORDINANCE NO. 3422 EXHIBIT B City of Fort Myers Land Development Code Chapter 132. Submerged Land Regulations January 14, 2008 Code Studio, inc. Lewis, Stroud & Deutsch, PL ORDINANCE NO. 3422 CHAPTER 132. SUBMERGED LAND REGULATIONS Chapter 132. Submerged Land Regulations Detailed Contents CHAPTER 132. SUBMERGED LAND REGULATIONS Article1. In General........................................................................................................................1 132.1.1 Statement of Purpose.....................................................................................................1 132.1.2 Scope..............................................................................................................................1 132.1.3 Objectives.......................................................................................................................1 132.1.4 Management Policies, Standards and Criteria...............................................................2 132.1.5 Grandfather Provisions...................................................................................................7 132.1.6 Forms of Authorization....................................................................................................8 132.1.7 Applications for Letter of Consent..................................................................................9 132.1.8 Applications for Submerged Lands Lease....................................................................10 132.1.9 Applications for Temporary Use Authorization.............................................................11 132.1.10 Applications for Easements..........................................................................................12 132.1.11 Payments and Fees......................................................................................................14 132.1.12 Standard Lease Conditions..........................................................................................15 132.1.13 Insurance Requirements — Commercial Leases..........................................................20 132.1.14 Applications to Purchase Submerged Lands................................................................20 ORDINANCE NO. 3422 ARTICLE 1. IN GENERAL 132.1.1 Statement of Purpose The purpose of this article is to: CHAPTER 132. SUBMERGED LAND REGULATIONS 1, Assist the city council in fulfilling its fiduciary trust and responsibility to the public for the administration, protection, management and disposition of city -owned submerged lands of the Caloosahatchee River and associated tributaries; 2. Ensure maximum benefit and use of city -owned submerged lands for the public; 3. Manage, protect, and enhance city -owned submerged lands so that the public may enjoy the traditional uses of such land; 4. Manage and provide maximum protection for all city property; 5. Provide additional revenues for the city; 6. Ensure that all public and private activities on city -owned submerged lands which generate revenue or exclude traditional uses, provide just compensation for such privileges; and 7. Manage and protect the environmental resources of the Caloosahatchee River within the city limits. 132.1.2 Scope This article shall not affect previous actions of the city council concerning private docks or the issuance of any easement, lease or any disclaimer concerning city -owned submerged lands. Fee arrangements in existing leases and easements shall not be subject to the fees set forth in this article until expiration of the current term of the lease or easement, unless otherwise specified in the lease or easement. 132.1.3 Objectives A. This article shall provide for the implementation of the administration, protection and management of the submerged lands of the Caloosahatchee River and associated tributaries owned by the city, in fee simple, as provided by Chapter 6962, Laws of Florida, 1915. B. The procedures and policies herein shall apply to all leases, easements or other forms of authorization to use city -owned submerged lands. C. This article shall apply to all docking facilities; facilities built as an accessory use to residential structures; docks, whether fixed or floating; and any other structures, including piers, boat ramps, boardwalks or any structure attached to city -owned submerged lands or those structures attached to riparian upland areas lying immediately adjacent to city -owned submerged lands, when such fixed or floating structures extend over city -owned submerged lands. This article shall also apply to the area surrounding such docks or structures that pre-empts the public use of the submerged lands. D. Notwithstanding the foregoing, this article shall not apply to the city yacht basin and all city -owned and operated dock structures and facilities. Chapter 132: Page 1 ORDINANCE NO. 3422 CHAPTER 132. SUBMERGED LAND REGULATIONS 132.1.4 Management Policies, Standards, and Criteria The following management policies, standards, and criteria shall be used in determining whether to approve, approve with conditions or modifications, or deny all requests for activities on submerged lands. A. General Proprietary 1. All activities on submerged lands must not be contrary to the public interest. 2. All leases, easements or other forms of approval for activities on or over submerged lands shall contain such terms, conditions, or restrictions as deemed necessary to protect and manage the submerged lands of the river. 3. When satisfactory evidence of sufficient upland interest is not fee simple title, the term of the submerged lands lease or other authorization shall not exceed the remaining term of the sufficient upland interest unless the fee simple title holder agrees to become a co -holder of the submerged lands authorization. 4. For construction of docks and piers, when evidence of sufficient upland interest is not fee simple title, the applicant's interest must cover the entire shoreline of the upland parcel or sixty-five (65) feet, whichever is less. Where the activity is intended to occupy an area requiring sixty-five (65) feet or less of upland property, the preempted area shall be limited to the area required. 5. Compensation shall be required for all leases, easements or other form of authorization to use submerged lands which generate revenue, money or profit for the user, or that limit or preempt use by the general public. Public utilities and state or other governmental agencies exempted by law shall be excepted from this requirement. 6. Activities on submerged lands shall be limited to water dependent activities unless the city council determines that it is in the public interest to allow such activity as determined on a case by case evaluation. Fishing piers, harbormaster offices, and observation platforms are considered to be water dependent activities. Public projects which are primarily intended to provide access to and use of the waterfront may be permitted to contain minor uses which are not water dependent if: 1. Located in areas along seawalls or other nonnatural shorelines; and 2. The non -water dependent uses are incidental to the basic purpose of the project, and constitute only minor nearshore encroachments on submerged land. 7. Stilt houses, boathouses with living quarters, or other such residential structures are prohibited. B. Resource Management 1. Activities which would result in significant adverse impacts to submerged lands and associated natural resources shall not be approved unless there is no reasonable alternative and adequate mitigation is provided. 2. Biological assessments submitted by the applicant and reports by other state, local or federal agencies with related statutory, management, or regulatory authority may be considered in evaluating specific requests to use submerged lands. Chapter 132: Page 2 ORDINANCE NO. 3422 CHAPTER 132. SUBMERGED LAND REGULATIONS 3. Activities shall be designed to minimize or eliminate any cutting, removal, or destruction of wetland vegetation. 4. To the maximum extent possible, shoreline stabilization should be accomplished by planting the appropriate native wetland vegetation. Rip -rap materials, pervious interlocking brick systems, filter mats, and other similar stabilization methods should be utilized in lieu of vertical seawalls wherever feasible. 5. Severance of materials from submerged lands shall be approved only if the proposed dredging is the minimum amount necessary to accomplish the stated purpose, is designed to minimize the need for maintenance dredging and is determined not to be contrary to the public interest. 6. Severance of material shall require all applicable state and federal permits. Receipt of authorization from the city shall not constitute authorization from any state or federal agency, nor shall it be represented as such by the applicant/leaseholder. 7. Authorization to sever material from submerged lands shall require that the leaseholder/applicant assume all liability for the removal and disposal of the submerged land, including its content, and the leaseholder shall indemnify and hold the city harmless with respect to all aspects of the severance and disposal of the submerged lands. 8. Severance of materials for the primary purpose of providing upland fill shall not be approved. 9. Activities on submerged lands shall be designed to minimize or eliminate adverse impacts to fish and wildlife habitat, and other natural or cultural resources. Special attention and consideration shall be given to endangered and threatened species habitat. 10. All residential multi -slip docks of less than six (6) slips, and private residential docks, authorized for commercial use shall have an operable portable pump -out device located at the facility. All commercial docks and multi -slip residential docks consisting of more than six (6) slips shall install a permanent, operable, pump -out facility. C. Telecommunication Lines 1. Applications for telecommunication lines shall be subject to the following conditions: a. Installations shall be approved only where the applicant provides satisfactory evidence of a need by providing documentation in the form of: 1) A copy of its Federal Communications Commission cable landing license; and either 2) A contract or memorandum of contract to install telecommunication lines and associated conduits to an upland distribution network and stating the projected date of installation; or 3) A letter of commitment from a company in the business of installing or using telecommunication lines for a line that will be installed and connected to an upland distribution network functional for transmitting data, and on-line within a specified time frame once a conduit is made available. Chapter 132: Page 3 ORDINANCE NO. 3422 b. Installations at individual telecommunication lines affirmatively demonstrate such lines. D. Riparian Rights CHAPTER 132. SUBMERGED LAND REGULATIONS landing sites are limited to no more than six (6) and conduits except where the applicant can that the landing site will support a larger number of 1. None of the provisions of this article shall be implemented in a manner that would unreasonably infringe upon the traditional, common law riparian rights of upland property owners adjacent to submerged lands. Conflicts between adjacent property owners regarding the location of riparian lines must be resolved by a court of competent jurisdiction and will not be addressed or resolved by the city. 2. Satisfactory evidence of sufficient upland interest is required for activities on submerged lands riparian to uplands, unless otherwise specified herein. Public utilities and state or other governmental agencies proposing activities such as utility lines, roads or bridges must obtain satisfactory evidence of sufficient upland interest prior to beginning construction, but need not provide such evidence as part of any required application. Satisfactory evidence of sufficient upland interest is not required for activities on submerged lands that are not riparian to uplands, or when a governmental entity conducts restoration and enhancement activities, provided that such activities do not unreasonably infringe on riparian rights. 3. All structures and other activities must be designed, constructed and used in a manner that will not unreasonably restrict or infringe upon the riparian rights of adjacent upland riparian owners. 4. Docks and mooring pilings shall be located and constructed within the riparian area of the upland property. Vessels using such facilities shall not cross the riparian lines of adjacent properties without the written consent of the adjacent property owner. 5. Notwithstanding the provisions of paragraphs 2 through 4 above, special events may be authorized in accordance with the other criteria in this article. E. Standards and Criteria 1. Private residential multi -family docks shall be consistent with the Lee County Manatee Protection Plan, as that Plan may be periodically amended. 2. In order to maintain safe navigation in all waterways, no over -water structure may extend more than twenty-five (25) percent of the width of the waterway. Watercraft mooring areas that are waterward of mooring structures are included in the twenty-five (25) percent calculation. 3. Private residential docks may be extended up to 200 feet in length to reach minus three (- 3) feet mean low water depth, provided that the overall length does not extend more than twenty-five (25) percent of the width of the waterway. Private residential docks exceeding this limit may be approved by the city if the following criteria are met: a. The proposed dock has been approved by all applicable state and federal agencies; b. The increased length will not pose a hazard to navigation; Chapter 132: Page 4 ORDINANCE NO. 3422 CHAPTER 132. SUBMERGED LAND REGULATIONS C. The proposed dock is compatible with docks and other structures and uses on adjoining lots; and d. The increase in length will reduce the dock's impacts on seagrass beds or other marine resources. 4. Multi -family fishing piers and observation platforms qualifying for a consent by code shall conform to the following maximum dimensions: a. Maximum length: 200 linear feet waterward of the mean high water line. b. Access walkway width: five (5) feet. C. Terminal platform: 200 square feet. 5. Maximum dimensions of single family residential docks and piers: a. Maximum length: 200 linear feet or the length necessary to reach the minus three (-3) foot depth of water. b. Access walkway: four (4) feet in width. C. Terminal platform: 160 square feet. d. Finger piers: four (4) feet in width. 6. The dimensions for commercial and multi -family docks and piers must be based on design principles applied to the specific site application and similar in dimension to comparable modern facilities providing the same level of water access. 7. Boat ramps shall be the minimum width necessary, given the environmental and design requirements of the location. 8. The design and quantity of wetslips may be modified in recognition of riparian setback constraints, land use regulations, and natural resource considerations such as potential impacts to endangered species and shellfish resources and potential interference with navigation and commerce. 9. Fishing piers and observation decks: a. Shall be designed to prohibit the mooring of watercraft. b. Shall be constructed to provide access walkways and terminal platforms at a minimum of five (5) feet above mean high water or, in lieu of a raised elevation, may have open cell decking installed that allows for a minimum of forty (40) percent light penetration. C. Have fixed handrails, including intermediate rails, installed around the perimeter of the structure. d. Have a "NO MOORING" sign placed facing the water on the terminal platform of the structure. Chapter 132: Page 5 ORDINANCE NO. 3422 CHAPTER 132. SUBMERGED LAND REGULATIONS 10. Seawalls and retaining walls: a. New and replacement seawalls and retaining walls shall be supplemented with intertidal habitat in the form of a riprap, fish attractors and/or, where elevations support the successful establishment of, wetland vegetation. Intertidal habitat will not interfere with the normal navigation of vessels associated with docks and mooring structures. b. New seawalls must be placed landward of the mean high water line and landward of all mangroves, including prop roots and pneumatophores. C. Replacement seawalls shall be located within twenty-four (24) inches waterward of the existing seawall. d. Construction of new seawalls or the repair or replacement of existing seawalls and retaining walls, shall require the installation, immediately landward of the seawall or retaining wall, of a shallow swale, linear drain, or negative slope of five (5) percent away from the seawall or retaining wall to eliminate direct stormwater runoff from entering the river. 11. Revetment: a. The toe of the revetment shall be located and placed so as not to damage or interfere with the growth of aquatic vegetation. b. Material used for the revetment should be properly designed and sized for the intended use and should be installed on top of filter fabric to prevent erosion of the soil subgrade. C. Salt tolerant native vegetation appropriate for the design of the revetment shall be planted along the length of the structure on a minimum of one (1) plant per nine (9) square feet of structure for added shoreline stabilization and environmental restoration. Plantings may be clustered for aesthetic reasons if they meet the same density criteria. Other mitigation techniques may be considered in lieu of planting the vegetation. 12. The standard lease term shall not exceed fifty (50) years. Longer periods are subject to approval by the city council. F. Authorization for Temporary Use and Special Events Authorization for temporary use and special events shall conform to state and federal regulatory guidelines, design standards, and criteria. 1. Applicant shall provide copies of state and federal regulatory permits or drawings which must include, at a minimum, the general configuration, and dimensions of existing and proposed structures, the intended use(s) of the temporary facility. 2. Non -water dependent facilities that are incidental and accessory to the special events or temporary use shall be allowed, provided that the applicant submits dimensional configurations of the proposed structures and their anticipated uses. Chapter 132: Page 6 ORDINANCE NO. 3422 CHAPTER 132. SUBMERGED LAND REGULATIONS G. General Conditions for Authorizations All authorizations shall be subject to the following conditions: 1. Authorizations are valid only for the specified activity or use identified in the application. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use shall result in suspension or revocation of the grantee/permittee's authorization to use the submerged lands, unless resolved to the satisfaction of the city. 2. Authorizations convey no title to submerged lands or the water column, nor do they constitute recognition or acknowledgement of any other person's title to such land or water. 3. Structures or activities shall be constructed and used to avoid or minimize adverse impacts to submerged lands and resources. 4. Construction, use, or operation of the structure or activity shall not adversely affect any species which is endangered, threatened or of special concern. 5. Structures or activities shall not unreasonably interfere with riparian rights. 6. Structures or activities shall not create a navigational hazard. 7. Structures shall be maintained in a functional condition and shall be repaired or removed within one (1) year if they become dilapidated to such an extent that they are no longer functional. 8. All structures and activities shall comply with all applicable state, local and federal rules and regulations. 9. Any authorization from the city does not relieve the applicant from obtaining the necessary state, local or federal permit or authorization. 132.1.5 Grandfather Provisions A. All structures, leases and easements existing as of June 11, 2007, shall be considered grandfathered uses and shall not be required to be brought under lease, easement or other form of authorization until the occurrence of one (1) of the following: 1. Title to the riparian upland property or any interest therein is sold or otherwise conveyed, transferred or assigned. A change in ownership from a developer to a homeowners association or similar entity shall not be considered a sale, assignment, transfer or conveyance for purposes of this section; or 2. The structure or associated preempted area is expanded, without authorization from the city, by fifty (50) percent or more; or 3. A new structure is intended to replace grandfathered structures that have become a nuisance or navigational hazard. B. When grandfathered uses are brought under lease, easement or other form of authorization due to the sale or conveyance of the adjacent riparian upland property, the lessee shall be assessed Chapter 132: Page 7 ORDINANCE NO. 3422 CHAPTER 132. SUBMERGED LAND REGULATIONS retroactive lease fees from the date the lessee obtained title to the riparian upland property or the date of change in status. C. Non -water dependent structures shall not be rebuilt or restored without city council approval if: 1. Fifty (50) percent or more of the structure is destroyed; or 2. Use of the structure has been discontinued and fifty (50) percent or more of the structure must be replaced in order to restore the structure to a safe, usable condition; D. Non -water dependent structures shall not be converted to a new use except as authorized by the city. E. The term "fifty (50) percent of the structure" shall be calculated based on the square footage of the existing structure. 132.1.6 Forms of Authorization A. Consent by Code Consent is herein granted for the following: 1. The construction of a private residential single-family dock or pier for a single upland parcel of land, provided that no dredging is required. No commercial activity shall be allowed without prior written approval from the City. 2. Repair or replacement of bulkheads, seawalls, or other such shoreline stabilization structures that extend no more than two (2) feet waterward of the line of mean high water. 3. Repair or replacement of riprap, groins, breakwaters, or intake and discharge structures no more than ten (10) feet waterward of the line of mean high water. 4. Repair or replacement of a functional structure or activity, including maintenance dredging, in the same dimensions and for the same type of use. B. Letter of Consent Written authorization is required for each of the following activities: 1. A private residential single-family dock or pier per upland parcel where dredging is required. 2. Trimming or alteration of aquatic vegetation, including mangroves. 3. Construction of bulkheads, seawalls, or other such shoreline stabilization structures. 4. Placement of riprap, groins, breakwaters, or intake and discharge structures. 5. Non -revenue generating multi -family, residential fishing piers and observation platforms. Chapter 132: Page 8 ORDINANCE NO. 3422 CHAPTER 132. SUBMERGED LAND REGULATIONS C. lease A submerged land lease is required for the following activities: 1. Single-family or multi -family docks, piers, boat ramps, or other similar structures or activities that are used for revenue generating commercial purposes, or do not otherwise qualify for a consent by code or letter of consent. 2. Commercial/industrial docks, including associated access navigation channels. 3. Mooring fields, including associated access navigation channels. D. Easement A submerged land easement is required for the following public or private activities. 1. Utility crossings and rights -of -way. 2. Road and bridge crossings and rights -of -way, including such structures built prior to the need to obtain an easement when proposed for modification or repair. 3. Public navigation projects other than public access navigation channels. 4. Intake and discharge structures more than ten (10) feet waterward of the mean or ordinary high water line. 5. Public water management projects. 6. Management activities which include the permanent preemption of submerged land by structures or exclusion of the general public, associated with protection of threatened, endangered and special concern species, rookeries, parks, preserves, historical sites, scientific study activities, or habitat restoration or enhancement areas. 132.1.7 Applications for Letter of Consent Applications for a letter of consent shall include the following: 1. Name, address and telephone number of applicant and applicant's authorized agent, if applicable; 2. Location of the proposed activity, including: section, township and range; and a vicinity map, preferably a reproduction of the appropriate portion of United States Geological Survey quadrangle map; 3. Satisfactory evidence of sufficient upland interest to the extent required herein; 4. An affidavit stating the proposed activity to be conducted on the submerged land; 5. Two (2) copies of a dimensioned site plan drawing(s). The site plan shall: a. Use a scale necessary to provide sufficient legibility and clarity of detail on 8'/2 inches by 11 inch size paper; Chapter 132: Page 9 ORDINANCE NO. 3422 CHAPTER 132. SUBMERGED LAND REGULATIONS b. Show the approximate location of the mean high water line and the basis for the location; C. Show the location of the existing shoreline vegetation; d. Show the location of the proposed structures and any existing structures; e. Show the applicant's upland parcel property and riparian lines; f. Show the distance to twenty-five (25) percent of the width of the Caloosahatchee River or associated tributary, and the distance to the nearest edge of the federal navigation channel, if appropriate; g. Include a legal description of the preempted area of submerged land; h. Include a computation of the total square footage of the preempted submerged land; and I. Show the distance to the minus three (-3) foot mean low water contour line. 132.1.8 Applications for Submerged Lands Lease Applications for leases shall include the following: 1. Name, address and telephone number of applicant and applicant's authorized agent, if applicable. 2. Location of the proposed activity, including: section, township and range; and a vicinity map, preferably a reproduction of the appropriate portion of United States Geological Survey quadrangle map. 3. Satisfactory evidence of sufficient upland interest. 4. An affidavit stating the proposed activity to be conducted on the submerged land; 5. Two (2) prints of a survey prepared, signed, and sealed by a person properly licensed by the Board of Professional Surveyors and Mappers. The survey shall: a. Use a scale necessary to provide sufficient legibility and clarity of detail on 8 %2 inch by 11 inch size paper; b. Show the approximate location of the mean high water line, the basis for the location, and water depths referenced to mean low water within the area of the proposed lease, and the controlling depth to the closest navigation channel; C. Show the location of any existing wetland vegetation within the riparian property limits; d. Show the location of the proposed structures and any existing structures; e. Show the applicant's upland parcel property and riparian lines; Chapter 132: Page 10 ORDINANCE NO. 3422 CHAPTER 132. SUBMERGED LAND REGULATIONS f. Show the distance to twenty-five (25) percent of the width of the Caloosahatchee River or associated tributary, and the distance to the nearest edge of the federal navigation channel, if appropriate; g. Include a legal description of the preempted area of submerged land to be leased; and h. Include a computation of the total square footage of preempted submerged land to be leased. 6. A list of names and addresses of all riparian property owners within a 500 foot radius of the proposed lease boundary, in label mailing format, and verified by the County Property Appraiser's Office. In lieu of the city providing notice of application, an applicant may elect to send the notice, provided that the notice is sent by certified mail with the return -receipt card addressed to the city. 7. Current local zoning and status. 8. Billing information and sales tax information. 9. A $200.00 non-refundable processing fee. 10. If dredging is proposed, an estimate of the number of cubic yards of materials to be removed, showing how the amount was calculated. 132.1.9 Applications for Temporary Use Authorization Applications for temporary use authorizations shall include the following: 1. Name, address and telephone number of applicant and applicant's authorized agent, if applicable; 2. Location of the proposed activity, including: section, township and range; and a vicinity map, preferably a reproduction of the appropriate portion of United States Geological Survey quadrangle map; 3. A statement describing the proposed activity to be conducted on the submerged lands, the intended term of use and determination whether the special event or temporary use will be a revenue generating or income producing activity; 4. Two (2) copies of a dimensioned site plan drawing(s). The site plan shall: a. Use a scale necessary to provide sufficient legibility and clarity of detail on 8 %2 inch by 11 inch size paper; b. Show the approximate location of the mean high water line, the basis for the location, water depths referenced to mean low water within the area of the proposed activities, and the controlling depth to the closest navigation channel; C. Show the location of any existing wetland vegetation within the affected upland property limits; d. Show the location of the existing permanent structures and any proposed structures associated with the temporary use; Chapter 132: Page 11 ORDINANCE NO. 3422 CHAPTER 132. SUBMERGED LAND REGULATIONS e. Show the applicant's upland parcel property and riparian lines; Show the distance to the center of the Caloosahatchee River; g. Include a legal description of the preempted area of submerged land to be used; and h. Include a computation of the total square footage of preempted submerged land to be used. 5. A list of names and addresses of all riparian owners within a 500 foot radius of the proposed activity, in mailing label format, and verified by the County Property Appraiser's Office. Such owners shall be notified by certified mail of any application for a consent of use prior to approval by the city. In lieu of the city providing notice of the application, an applicant may elect to send the notice, provided the notice is sent by certified mail, with the return -receipt card addressed to the city. "Riparian owners of adjacent uplands" are owners of upland property landward of the special event, where any point on the boundary of the preempted area of the special event, as identified in the application, is located within the upland owner's riparian rights area. Name, address and telephone number of the owner of any upland property to be utilized for the special event or temporary use, and a copy of any existing submerged land lease granted to the subject property, or the name of the governmental entity that is the riparian owner of the adjacent uplands, along with the address and telephone number of a contact person for the governmental entity. 7. A $200.00 non-refundable processing fee. 132.1.10 Applications for Easements Applications for easements across submerged land for public or private purposes shall include the following: Name, address, and telephone number of applicant and applicant's authorized agent; 2. Location of the proposed activity including: section, township and range; and a vicinity map, preferably a reproduction of the appropriate portion of a United States Geological Survey Quadrangle Map; 3. Satisfactory evidence of sufficient upland interest; 4. A detailed statement of proposed use and satisfactory evidence of need for installation of telecommunication lines and associated conduits, if applicable. If the applicant is a local governing body, the request shall be by official resolution or minutes; 5. Two (2) prints of a survey prepared, signed, and sealed by a person properly licensed by the Board of Professional Surveyors and Mappers. The survey shall: a. Use scale necessary to provide sufficient legibility and clarity of detail on 8'/2 inch by 11 inch size paper; Chapter 132: Page 12 ORDINANCE NO. 3422 CHAPTER 132. SUBMERGED LAND REGULATIONS b. Show the approximate location of the mean high water line, the basis for the location, and water depths referenced to mean low water within the area of the proposed lease, and the controlling depth to the closest navigation channel; C. Show the location of any existing wetland vegetation within the riparian property limits; d. Show the location of the proposed structures and any existing structures; e. Show the applicant's upland parcel property and riparian lines; f. Show the distance to the twenty-five (25) percent of the width the Caloosahatchee River or associated tributary, and the edge of the federal navigation channel, if appropriate; g. Include a legal description of the preempted area of submerged land to be used; and h. Include a computation of the total square footage of preempted submerged land to be used. 6. A $200.00 non-refundable processing fee. However, a $15,000.00 non-refundable processing fee is required for each application to install telecommunication lines and associated conduits. The processing fee for telecommunication lines and associated conduits shall be revised annually on March 1, and increased or decreased based on the average change in the Consumer Price Index, calculated by averaging the Consumer Price Index over the previous five (5) year period, with a ten (10) percent cap on any annual increase. The processing fee may be waived for state agencies established pursuant to Chapter 20, Florida Statutes, and local governments; 7. Current local zoning and status of any local government approvals. 8. All easements shall be subject to reverter upon failure of the applicants to use the parcels sought as proposed in the applications. 9. The terms of the easements shall be limited to the life of the proposed project or amortization of the improvements. 10. If the application is for an easement of right-of-way for private access from a public road to lands of the applicant, proof of approval from the agency having jurisdiction over the public road; and 11. For private easements, calculation of the value of the easement shall be based upon an appraisal of the easement parcel. The city shall be responsible for obtaining the appraisal, the cost of which will be borne by the applicant. 12. Easements are renewable, assignable, and transferable, subject to approval by the city; compliance with applicable ordinances in effect at the time of easement renewal; and payment of a $200.00 non-refundable processing fee. Chapter 132: Page 13 ORDINANCE NO. 3422 CHAPTER 132. SUBMERGED LAND REGULATIONS 132.1.11 Payments and Fees A. Lease Fees 1. For multi -slip residential and commercial docking facilities: The initial annual lease fee shall be ten (10) percent of the annual pleasure craft dockage rate charged by the city yacht basin. 2. A prorata discount shall be applied to all multi -family and commercial docking facilities equal to the percentage of slips open to the public on a first come, first served basis (e.g., twenty (20) percent public slips equals a twenty (20) percent discount) with a maximum of fifty (50) percent discount. 3. For fishing piers and observation decks: The annual fee per square foot set by the State of Florida, Board of Trustees of the Internal Trust Fund. 4. The initial annual fee shall be adjusted on an annual basis for the term of the lease to reflect the average change in the Consumer Price Index averaged over the five (5) years immediately preceding the effective date of the lease. There shall be a minimum increase of three (3) percent per year and a ten (10) percent cap on any annual increase. 5. There shall be a minimum annual fee of $500.00. Payment may be made in a lump sum, the amount to be equal to the annual lease fee multiplied by the term of the lease. 7. Payment of the initial lease fee shall be due on the effective date of the lease. 8. A fee of $500.00 shall be charged for the assignment or transfer of the Lease. 9. The annual lease fees for restaurants and other non -water dependent uses shall be subject to negotiation. In negotiating the annual lease fee, the city shall consider the appraised market rental value of the riparian upland property and the enhanced property value, benefits, or profit gained by the applicant if the proposed lease is approved. 10. If a facility occupies submerged lands, portions of which are exempted from payment by virtue of grandfathered status and portions of which are leased, and the grandfathered status is lost, the lease fee and rate schedule for the entire preempted area shall be the annual lease fee at the time the exemption is lost. 11. There shall be a late fee assessed for lease fees or other charges due under this article which are not paid within thirty (30) days after the due date. This assessment shall be computed at the rate of twelve (12) percent per annum, calculated on a daily basis for every day the payment is late. 12. The initial lease fee shall include all required recording fees. B. Temporary Use Authorizations Fees for temporary use authorizations shall be based on lease fees set forth under paragraph (a), to be assessed on a pro rata basis, with a minimum fee of $500.00, or ten (10) percent of the gross rental income generated over submerged lands from the temporary use or special event, whichever is greater. Gross rental income is defined as the actual income collected from the use Chapter 132: Page 14 ORDINANCE NO. 3422 CHAPTER 132. SUBMERGED LAND REGULATIONS of submerged lands, and shall include any ancillary user charges, such as exhibitor or registration fees required for and directly attributable to the use of structures or conduct of activities on submerged lands. However, the gross rental income shall not include pass -through fees such as fees for utility services or revenues generated from sales at concessions on submerged lands. The lessee shall provide a certification to the city showing the total amount of the gross rental income derived from the rental of wetslips on submerged lands, including copies of all contracts and other documentation used to determine the gross rental income amount provided in the certification. C. Easements 1. The fee for easements, except for telecommunication lines, public utilities and associated conduits shall be determined, in part, by an appraisal obtained by the city. in addition to standard appraisal requirements and procedures, the following factors shall be considered in determining the easement fee: a. The extent to which the easement is exclusionary, i.e., the degree to which the proposed easement precludes, in whole or in part, traditional or future public use of the easement area or other submerged land; and b. The enhanced upland property value or profit gained by the applicant if the easement is approved. 2. The fee for easements for public utilities and associated conduits shall be a one-time easement value and enhanced value fee as may be set by the city. The applicable fee shall be assessed per linear foot of infrastructure as measured from the mean high water line to the mean high water line or the city limits if the infrastructure line or conduit leaves the city limits without leaving submerged land. 3. The applicant shall be responsible for the cost of the appraisal. 132.1.12 Standard Lease Conditions A. Extent of Use 1. Lessee agrees to use or occupy the leased premises only for those activities specified. The lessee shall not change or add to the approved use of the leased premises as defined in the lease (e.g., from commercial to multi -family residential, from temporary mooring to rental or wetslips, etc.); shall not change activities in any manner that may have an environmental impact that was not considered in the original authorization, and shall not change the type of use of the riparian uplands without first obtaining the city's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. 2. Unless specifically authorized, no fueling facilities and liveaboards shall be authorized under the lease nor shall the leased premises be used for the handling, storage or transport of hazardous waste. B. Property Rights The lessee shall make no claim of title to the leased premises by reason of the occupancy or use thereof. The lessee is prohibited from including, or making any claim that purports to include, the Chapter 132: Page 15 ORDINANCE NO. 3422 CHAPTER 132. SUBMERGED LAND REGULATIONS leased lands or the lessee's leasehold interest in those lands into any form of private ownership. The lessee shall be further prohibited from making any claim, including any advertisement, that said land may be purchased, sold, or re -sold. Any transfer of interest to all or a portion of the area subject to this lease must receive prior written approval from the city. C. Interest in Riparian Upland Property 1. During the term of the lease, the lessee shall maintain a leasehold or fee simple title interest in the riparian upland property and if such interest is terminated, the lease may be terminated at the option of the city. 2. Prior to the sale and/or termination of the lessee's leasehold or fee simple title interest in the upland property, lessee shall inform any potential buyer, transferee or assignee of the lessee's upland property interest of the existence of this lease and all its terms and conditions and shall complete and execute any documents requested by the city to effect an assignment of this lease. Failure to do so will not relieve the lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. D. Assignment of Lease 1. The lease shall not be assigned or otherwise transferred without prior written consent of the city or its duly authorized agent. Such permission shall not be unreasonably withheld by the city. Any assignment or other transfer shall be subject to the terms and conditions of all applicable laws, rules and regulations in effect at that time. Except as provided for herein, any assignment or other transfer without prior written consent of the city shall be null and void and without legal effect. 2. The foregoing requirements and limitations shall not apply to any transfer, sublease or conveyance of the right of use to any dock or slip within the leased premises so long as the right to use is made expressly subject to the terms, conditions and limitations of the lease and does not include the transfer of any rights to the submerged land. In addition, the lessee, and each subsequent successor in interest shall: a. Disclose in writing to each transferee that the right of use any dock or slip within the leased premises is subject to the terms, conditions and limitations of the lease; b. Disclose that the transfer, sublease or conveyance of the right to use any dock or slip within the leased premises does not include the transfer or assignment of any interest in the submerged land; and C. Require that each transferee acknowledge in writing that the transfer, sublease or conveyance of such right to use is subject to the terms, conditions and limitations of the lease and does not include the transfer of any interest in the submerged land. 3. The lessee shall investigate all claims of every nature arising out of the lease at its expense, and shall indemnify, defend and save and hold harmless the city from all claims, actions, lawsuits and demands arising out of the lease. Chapter 132: Page 16 ORDINANCE NO. 3422 CHAPTER 132. SUBMERGED LAND REGULATIONS E. Venue Lessee waives venue as to any litigation arising from matters relating to the Lease and any such litigation between the city and lessee shall be initiated and maintained only in Lee County, Florida. Notices/Complionce/Termination 1. The lessee shall bind itself, its successors and assigns, to abide by the provisions and conditions set forth in the lease, and said provisions and conditions shall be deemed covenant of the lessee, its successors and assigns. In the event the lessee fails or refuses to comply with the provisions and conditions of the lease, or fails or refuses to comply with the provisions and conditions set forth in the lease within twenty (20) days of receipt of the city's notice to correct, the lease may be terminated by the city upon thirty (30) days written notice to lessee. If the lease is cancelled, all of the submerged land, including any improvements thereon, shall revert to the city. 2. All costs and attorneys' fees incurred by the city to enforce the provisions of the Lease shall be paid by the lessee. 3. The lessee shall notify the city by certified mail of any change to its address at least ten (10) days before the change is effective. G Taxes and Assessments The lessee shall assume responsibility for all liabilities that accrue to the leased premises or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the leased premises during the effective period of the lease. H. Nuisances or Illegal Operations The lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than those uses specified in the lease unless such proposed use and occupancy are first consented to by the city and the lease is modified accordingly, nor shall lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. Maintenance of Facility/Right to Inspect The lessee shall maintain the leased premises in good condition, keeping any structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the city or its designated agent at any reasonable time. J. Non -Discrimination The lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. Chapter 132: Page 17 ORDINANCE NO. 3422 CHAPTER 132. SUBMERGED LAND REGULATIONS K. Enforcement of Provisions No failure, or successive failures, on the part of the city to enforce any provision of the lease, nor any waiver or successive waivers on its part of any provision of the lease, shall operate as a discharge thereof or render the same inoperative or impair the right of the city to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. L. Permission Granted Upon expiration or cancellation of the lease, all permission granted thereunder shall cease and terminate. M. Renewal Provisions Renewal of the lease shall be at the sole option of the city. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that lessee is in full compliance with the terms of this lease, the lessee may apply in writing for a renewal. Such application for renewal must be received by city no sooner than 120 days and no later than thirty (30) days prior to the expiration date of the lease term specified in the lease. The term of any renewal granted by the city shall commence on the last day of the previous lease term. If the lessee fails to timely apply for a renewal, or in the event the city does not grant a renewal, the lessee shall vacate the leased premises and, at the city's request, remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the riparian upland property, which shall run with the title to the riparian upland property, and shall be binding upon lessee and lessee's successors in title or successors in interest. N. Removal of Structures If the lessee does not remove all structures and equipment occupying and erected upon the leased premises within 180 days after expiration or cancellation of the lease, such structures and equipment will be deemed forfeited to the city, and the city may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the lessee, except that the city may, in its sole discretion, elect to have the structures and equipment remain in place following the expiration or cancellation of the lease. In the event that the city elects to leave the structures and equipment in place, lessee shall no longer be responsible for the cost of removal. Such remedy shall be in addition to all other remedies available to the city under applicable laws, rules and regulations. O. Removal Costs/Lien on Riparian Property Any costs incurred by the city in removal of any structures and equipment constructed or maintained on the leased premises shall be paid by lessee and any unpaid costs and expenses shall constitute a lien upon the interest of the lessee in its uplands enforceable in summary proceedings as provided by law. P. Recordation of Lease The city shall record this fully executed lease in its entirety in the public records of the Lee County within fourteen (14) days of execution by the city, and shall provide a copy to the lessee within ten (10) days following the recordation. Lessee shall be responsible for the cost of recording the lease. Chapter 132: Page 18 ORDINANCE NO. 3422 CHAPTER 132. SUBMERGED LAND REGULATIONS Q. Riparian Rights In the event that any part of any structure or equipment authorized under the lease is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within sixty (60) days from the date of the adjudication. Failure to comply with this requirement shall constitute a material breach of the Lease and shall be grounds for immediate termination of the lease at the option of the city. R. Amendments/Modifications The lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to the lease must be in writing and must be accepted, acknowledged and executed by both the lessee and city, and must comply with the ordinances and statutes in existence at the time of the execution of the modification or amendment. Advertisement, Structural Repairs, Non -Water Dependent Activities 1. No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased area. 2. Unless otherwise authorized in the lease, no restaurant or dining activities are to occur within or over the leased area. 3. The lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures whose use is not water -dependent shall be erected or conducted over the submerged lands without prior written consent from the city. 4. No additional structures and/or activities including dredging, relocation, realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over the leased premises without prior written consent from the city. This condition shall not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by the lease. T. Authorizations Prior to commencement of construction and/or activities authorized under the lease, the lessee shall obtain all applicable federal, state, and local authorizations. U. Compliance with Florida Laws On or in conjunction with the use of the leased premises, the lessee shall, at all times, comply with all Florida Statutes and all administrative rules promulgated thereunder and all applicable federal rules and regulations. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the city. Chapter 132: Page 19 ORDINANCE NO. 3422 V. Liveaboards CHAPTER 132. SUBMERGED LAND REGULATIONS The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons for fifteen (15) days or more in a calendar month. If liveaboards are authorized pursuant to the lease, the lease shall include a permanent sewage pump -out facility. 132.1.13 Insurance Requirements - Commercial Leases A. Lessee, at his sole expense, shall procure and maintain in full force and effect during the term of the lease the following types of insurance and amount of coverage. The insurance shall be placed with an insurance company licensed to engage in the insurance business in the state of Florida, and acceptable to the city. The policies shall include the city as an additional insured, and waiving subrogation rights against the city, and including as the insured parties thereunder, the city and lessee as their interests may appear. 1. Comprehensive general public liability coverage in the amount of one million dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury liability. 2. Fire legal liability coverage of not less than fifty thousand dollars ($50,000.00). 3. Worker's compensation insurance covering all employees meeting statutory limits in compliance with applicable state and federal laws. B. Insurance policies meeting the above requirements shall be maintained for the duration of the lease. C. Original certificates of insurance shall be filed with the city clerk, as agent for the city, by lessee prior to taking possession of the leased premises. Any delay in filing such certificates of insurance with the city clerk shall not relieve lessee of any obligations under the lease. Certificates of insurance shall contain and clearly set forth the name and address of the leased property, the amounts and types of insurance coverage being provided, the effective date and duration of coverage and that the city is an additional insured. Renewal certificates shall be sent to the city clerk at least ten (10) days prior to the expiration date of the certificate. Lessee shall further advise, in writing, the city clerk in the event of cancellation or modification of any required insurance coverage. Lessee shall be responsible for any deductible. If lessee fails to procure the required insurance and keep the policies in full force and effect during the term of the lease. 132.1.14 Applications to Purchase Submerged Land Applications to purchase submerged land may be made only by the upland riparian owner. The city reserves the right to reject any and all such applications. The vote of a supermajority of the city council is required to dispose of submerged lands. The following shall be included in each application: 1. Name and address of the applicant. 2. Two (2) prints of a survey prepared, signed, and sealed by a person properly licensed by the State of Florida Board of Land Surveyors. The survey must include: a. The boundaries of the parcel sought to be purchased; b. A land tie referenced, by ground survey, to an established accessible section corner, subsection corner, other U.S. Government Land Office survey corner, or other controlling corner(s); Chapter 132: Page 20 ORDINANCE NO. 3422 CHAPTER 132. SUBMERGED LAND REGULATIONS C. The boundary lines of the applicant's adjacent uplands; d. The existing mean high water line, surveyed and approved in accordance with Chapter 177, Part ll, Florida Statutes, between the applicant's uplands and the parcel sought extending 1,000 feet from both sides of the parcel; and e. The U.S. Government Land Office meander line; f. The legal description and acreage of the parcel sought to be purchased; and g. A computation of the total square footage of the parcel. 3. Five (5) maps, no larger than 8'/2 inch by 14 inch in size, showing the location of the parcel sought for purchase. These maps need not be certified. 4. An aerial photograph showing the date of flight, if available, with the parcel sought identified thereon. 5. One (1) copy of the recorded subdivision plat with any dedication data, if the applicant's uplands are part of the subdivision. 6. Satisfactory evidence of title in the applicant to the riparian uplands. 7. A statement of the applicant's proposed use of the parcel sought. 8. A statement evidencing that the sale of the parcel is in the public interest. 9. Names and addresses, as shown on the latest county tax assessment roll, of all owners of land lying within a 1,000 foot radius of the parcel sought, in mailing label format, and verified by the County Appraiser's Office. 11. An appraisal of the current market value of the parcel sought made within three (3) months of the date of application. The city shall obtain the appraisal. The cost of the appraisal shall be borne by the applicant. 12. A $200.00 non refundable processing fee. Chapter 132: Page 21