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HomeMy WebLinkAbout01-17-2019 PZ AgendaCffyo� SEBASTIAN HOME OF PELICAN ISLAND 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589.5518 ■ FAX (772) 388-8248 AGENDA PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY THURSDAY, JANUARY 17, 2019 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF COMMUNITY DEVELOPMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ANNOUNCEMENTS AND/OR AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. 5. APPROVAL OF MINUTES Regular meeting of October 18, 2018 6. QUASI-JUDICIAL and PUBLIC HEARINGS • Chairman opens hearing, attorney reads ordinance or resolution or title • Commissioners disclose ex-parte communication • Chairman or attorney swears in all who intend to provide testimony • Applicant or applicant's agent makes presentation • Staff presents findings and analysis • Commissioners asks questions of the applicant and staff • Chairman opens the floor for anyone in favor and anyone opposing the request (anyone presenting factual information shall be sworn but anyone merely advocating approval or denial need not be sworn in) • Applicant provided opportunity to respond to issues raised by staff or public • Staff provided opportunity to summarize request • Commission deliberation and questions • Chairman calls for a motion • Commission Action A. Public Hearing — Recommendation to City Council — Land Development Code Amendment — Ordinance 0-19-01 — Amending Article XXII, Language and Definitions — Section 54-5-22.3 Land Use Classifications — Clarifying Adult Personal Service Businesses 7. UNFINISHED BUSINESS None 8. PUBLIC INPUT Public Input on items other than on the printed agenda, is five minutes, however, it can be extended or terminated by a majority vote of members present 9. NEW BUSINESS None 10. COMMISSIONERS MATTERS 11. CITY ATTORNEY MATTERS: 12. STAFF MATTERS 13. ADJOURN HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. All government meetings in City Council Chambers will be broadcast live on COS -TV Comcast Channel 25 and ATT UVerse Channel 99 and streamed via the city website — www.citvofsebastian.ora unless otherwise noticed and rebroadcast at a later date — see COS -TV Channel 25 for broadcast schedule 2 CITY OF SEBASTIAN PLANNING & ZONING COMMISSION MINUTES OCTOBER 18, 2018 00 Call to Order -- Chairperson Kautenburg called the meeting to order at 6:0bi'� I Pledae of Alleaiance was recited by all. CCC co as C •— � Roll Call E H Present: Mr. Roth Mr. Mauti (a) d. E Mr. Simmons (a) Mr. Qizilbash C O Ms. Kautenburg Mr. Hughan Rf V 3 Mr. Mr. Carter Mr. Alvarez Reyes 07 Z C o o Also Present: Mr. James Stokes, City Attorney N O a as t Ms. Dorri Bosworth, Planner N Q Q U Ms. Janet Graham, Technical Writer Ms. Dale Simchick, Indian River County School Board, was not present. 4. Announcements and/or Agenda Modifications Ms. Kautenburg stated that, since there is a full quorum, alternate members Messrs Simmons and Mauti, will be commenting but not voting this evening. Ms. Bosworth stated she would like to change the Agenda to read approval of the Minutes of 2018 and not 20188. 5. Aooroval of Minutes A. Regular Meeting of October 4, 2018 Ms. Kautenburg asked for any additions or corrections to the Minutes as presented. Ms. Bosworth noted that the header on the Minutes from October 4, 2018 reads July 19, 2018, and it should read October 4, 2018. She stated Ms. Kautenburg does have the corrected Minutes for her signature. Ms. Kautenburg asked for a motion to accept the Minutes. A motion to accept the Minutes with the corrections as stated was made by Mr. Carter, seconded by Mr. Hughan, and approved unanimously by voice vote. 6. Quasi -Judicial and Public Hearings A. Public Hearing -- Recommendation to City Council -- Land Development Code Amendment -- Ordinance 0-18-10 -- Amending Article VI I, General a 4 rn c PLANNING AND ZONING COMMISSION PAGE 2 MINUTES OF REGULAR MEETING OF OCTOBER 18, 2018 Regulations -- Section 54-2-7.7 Walls and Fences Mr. Stokes read the Ordinance title, being a recommendation to City Council. This is the first public hearing for an amendment to the Land Development Code, Ordinance 0-18- 10, an Ordinance of the City of Sebastian, Florida, amending Land Development Code Section 54-2-7.7 regarding walls and fences, providing for severability and repeal of laws in conflict, providing for codification, providing for scriveners' errors, and providing for an effective date. Ms. Kautenburg asked if any member of the Committee had had any ex parte communication with any party. Hearing none, she asked for staff presentation. Mr. Stokes stated that since the hearing is not a quasi-judicial hearing there would be no need for swearing in of witnesses/speakers. Ms. Bosworth identified this Ordinance as what was prepared after discussion at the Commission's last meeting. She drew the Commission's attention to the bullet list contained in the Memorandum she composed dated October 12, 2018. She stated that staff recommends presenting Ordinance 0-18-10 to City Council for their approval. Ms. Kautenburg opened the public hearing and asked for input or questions from the public regarding the Ordinance. Hearing none, the public hearing was closed. She then asked for questions or comments from the Commission. Mr. Simmons Regarding the temporary silt fences, he inquired about a situation where the construction was never completed. Ms. Bosworth described the silt fences are required for storm water runoff. Those are not the kind of fences that are being addressed here. The fences that she means are the chain -link fences and the like that would be erected for security purposes or erected around an area so the public could not access that area. In a situation where the fence was in place for an extended period and the project had not been completed, she is of the opinion that this would be a matter for the Building Department to address. Mr. Carter: • Questioned that under the proposed Amendment there is no specific limitation on the number of days a temporary fence can remain. Ms. Bosworth explained that a fence could not go up until a building permit is obtained, and then 10 days after a certificate of occupancy is issued the Ordinance would require that the fence be taken down. She stated that the permits can become null and void if a certain period goes by with no activity. In that case, she stated staff would look at it on a case -by -case basis. The City requires that after a certain period of time the site PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 18, 2018 PAGE 3 • would have to be stabilized. Mr. Carter is of the opinion that temporary fences should be required to be removed after a definite period of time, but that staff should have the discretion to extend that time period if they felt it necessary. Ms. Bosworth is agreeable to defining a time She stated that staff is referring more residential construction. period for what is considered temporary. to commercial construction rather than • Is agreeable to a term of 180 days. Ms. Bosworth stated that in some circumstances, such as a change of ownership, the 180-day time limit may not be sufficient. Mr. Reyes: • If there is a site where there is a temporary fence and there is a safety concern or some hazard attached to the property, he would like to see the temporary fence retained as long as necessary to provide safety. Ms. Kautenburg: • Suggested that the word "temporary" be related to the cessation of construction. If there is no active construction on the site for a definite period, then the owner must secure the lot and remove the temporary fence. Mr. Qizilbash: • Is of the opinion that this subject should be under the Building Department's purview as far as the safety issue. He agrees with the 180-day time limit. Ms. Bosworth agreed that it should be under the purview of the Building Department. Mr. Mauti: • Described a situation where a party goes into bankruptcy before the construction is completed, and there is an unsafe condition present on the property. Mr. Roth: • Would like to see wording to the effect that, if there is no activity after a certain period of time, the Building Department would go back and reinspect the property and take the proper action. Ms. Bosworth stated she will work with staff and the building official and attempt to come up with a definite term for these fences. Ms. Kautenburg then opened the meeting for discussion by the Committee. Mr. Reyes: PLANNING AND ZONING COMMISSION PAGE 4 MINUTES OF REGULAR MEETING OF OCTOBER 18, 2018 • Regarding the sentence that says the fences or walls should withstand the" forces of nature," he asked for that to be more clearly defined. • Suggested on an 8-foot span of a 6-foot fence there be three 4 x 4s. Ms. Bosworth stated she inquired of the building official whether, if the 8-foot fences are allowed, the requirements for 4 X 4s be increased accordingly. • Regarding the required screens for garbage, refuse and recycle dumpsters, he asked if that includes residential recycle bins, and Ms. Bosworth stated no. • Requested clarification regarding fences within easements. Ms. Bosworth stated that she believes the Building Department has a process to appeal the decision of the City regarding fences within easements. • Asked for a definition of "good repair." Ms. Bosworth stated it is subjective, but if someone had a complaint about a fence, staff would refer that complaint to Code Enforcement. Mr. Roth: • Under the Appeals section, he inquired whether, since the appeal must be filed within 10 days of action by the Community Development Department, the appellants have to provide backup information at that time. Ms. Bosworth stated that the appellants do have to provide information on what specifically is being appealed and the reason for the appeal. She described that an appeal is a quasi- judicial hearing, and evidence is required to be presented at that time. Mr. Stokes stated that a citizen has the right to go to the Board of Adjustment if they feel a decision was not proper. • Regarding the height restrictions for fences on corner lots, he asked Ms. Bosworth to explain that subject once again. Ms. Bosworth explained that the front setback for non -corner lots is 25 feet, the side setbacks are 10, and the rear is 20. On a corner lot, there are considered to be two front yards. The setback for the secondary front yard in RS-10 is 20 feet, and any fencing in front of the secondary front yard setback towards the street,has to be reduced to a height of four feet. • Inquired why the last sentence in section (e) (3) "Maintenance" was removed. Ms. Bosworth explained that that sentence was just moved to the end of the paragraph above, being (e) (2). Ms. Kautenburg: • Prefers that the finished side of a fence always be on the exterior of the fence. Mr. Mauti: • Questioned, if residential property owners are not permitted to block the visibility triangle as defined by the City, how is it that the commercial businesses are permitted to build walls, etc. on corners where they block visibility. Ms. Bosworth explained that a lot of those walls, etc. are on the site plans which the Commission approves, and when the site plan is okayed, that includes the fence or wall. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 18, 2018 PAGE 5 • Regarding the recorded affidavits for easements, do the property owners have to go to the utility companies, etc. to get approval. Ms. Bosworth stated no. Ms. Bosworth stated that they have already had one request for a variance for a 6-foot fence on a corner lot. City Council will discuss that variance at the Council meeting on November 28th, which will also be the first reading of this new Ordinance. There being no further discussion on this matter, Ms. Kautenburg called for a motion. A motion was made by Mr. Carter, seconded by Mr. Alvarez to accept the proposed Land Development Code Amendment to Article VII -- General Regulations; specifically Section 54-2-7.7, Walls and Fences with the consideration of a 180-day limitation for temporary fencing. ROLL CALL: Mr. Hughan -- Yes Mr. Alvarez -- Yes Mr. Qizilbash -- Yes Mr. Reyes -- Yes Ms. Kautenburg -- Yes Mr. Carter -- Yes Mr. Roth -- Yes Total Vote was 7-0. Motion carried. 7. Unfinished Business -- None. 8. Public Input -- None. 9. New Business -- None. 10. Commissioners Matters Mr. Reyes inquired about the status of the project on State Route 512 next to the library. Ms. Bosworth described that property as the Brooks Commercial Subdivision, a one -lot plat that came before this Commission in 2015. There were some delays, and the land - clearing permit was issued in October 2017. They have 18 months per the Code to come in with the final plat. The City plans to contact the developer and let him know that there is a finite time involved with continuing the project. Mr. Reyes stated that the site as it is presently appears quite unsafe. He also questioned if the culvert that has been put in for the Sebastian Boulevard driveway is a temporary culvert, and Ms. Bosworth stated yes. Mr. Reyes inquired as to the overall citywide stormwater situation. Ms. Bosworth stated that after the increase in the stormwater fee, stormwater is now going to be an independent department, and stormwater is a high priority of City Council. PLANNING AND ZONING COMMISSION PAGE 6 MINUTES OF REGULAR MEETING OF OCTOBER 18, 2018 Mr. Reyes proposed having the Community Development Director attend one of the Commission's meetings and provide the Commission with some feedback regarding grants that might be available to aid in converting the City to a sewer system. Ms. Bosworth stated that Ms. Frazier is in current meetings with the County regarding utility systems and is investigating grants. Mr. Mauti addressed the number of vacant lots in Sebastian. According to the records he got from the County, there are over 2,600 vacant, buildable lots in Sebastian. He is of the opinion that, when the City looks at new subdivisions, it should be kept in mind how many vacant lots are already in the City. Ms. Kautenburg stated that many of those vacant lots are joined with adjoining lots with homes on them, and those vacant lots will not be built on because of unity of title. Ms. Bosworth updated the Commission regarding the Spirit of Sebastian subdivision that was annexed, stating the preliminary plat application has been received, and the review is proceeding. Mr. Mauti inquired regarding the short-term vacation rentals and when the packets for the renters will be ready. Ms. Bosworth stated staff is very close to having those packets ready, and they are also considering doing an advertisement in the newspaper. Those packets will be available in the Community Development Department. 11. City Attornev Matters -- None 12. Staff Matters -- None. 13. Adiourn -- Ms. Kautenburg called for any further business. Hearing none, she adjourned the meeting at 6:59 p.m. 19 CMOf SEBAST" HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastian.org MEMORANDUM TO: Local Planning Agency (Planning and Zoning Commission) RE: Proposed Land Development Code Amendment to Article XXII — Language and Definitions; specifically Section 54-5-22.3 Land use classifications DATE: January 11, 2019 At the November 281h, 2018 City Council meeting, a resident related to councilmembers the hardship he was experiencing in locating a suitable place for a tattoo establishment and art studio because of the existing zoning regulations. After consideration, Council asked staff to review the codes and present a possible recommendation. Currently, tattoo establishments are considered as adult entertainment, specifically an adult personal service, and allowed as a conditional use only in the industrial zoning districts. The conditional use criteria, as required in Article VI, has specific distances from other uses, adding to the difficulty to find suitable locations. Staff has conducted a thorough review of city codes, existing State Statues, and current Health Department licensing requirements — for tattoo establishments and artists, massage therapists, and hair salons. By providing a clarification of adult personal services, staff feels this will open up locations for new businesses without creating non- conformity for other existing operations. Staff would like to discuss our thoughts and process in reaching our recommendation, and consider any Commissioner's comments as you determine your recommendation to City Council. A first reading of the Ordinance has been tentatively scheduled for City Council on February 13`h, 2019. Dorri Bosworth, Manager/Planner Community Development Department ORDINANCE NO. 0-19-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE ARTICLE XXII LANGUAGE AND DEFINITIONS; AMENDING SECTION 54-5-22.3(c) REGARDING ADULT PERSONAL SERVICE BUSINESSES; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council finds it is in the public interest to modify and update certain definitions of the code; and WHEREAS, the Local Planning Agency held a public hearing on January 17, 2019, and made a recommendation to City Council to approve Ordinance 0-19-01. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: ARTICLE XXII. LANGUAGE AND DEFINITIONS Sec. 54-5-22.3. - Land use classifications. (c) Commercial activities: (1) Adult entertainment establishments. Any of the following described businesses: Adult arcade, adult bookstore, adult dancing establishment, 1 adult motion picture booth, adult mini -motion picture theater or drive-in, adult motel/hotel, adult personal service business and adult theater. (1.1) Adult personal service business. Does not include activities performed by persons pursuant to, and in accordance with, licenses issued to such nersons by the State of Florida. These activities are considered commercial retail. Section 2. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. 2 The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice Mayor Linda Kinchen Councilmember Ed Dodd Councilmember Albert Iovino Councilmember Bob McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2019. ATTEST: Jeanette Williams, MMC City Clerk 3 CITY OF SEBASTIAN, FLORIDA Mayor Jim Hill Approved as to form and legality for reliance by the City of Sebastian only: James Stokes, BCS City Attorney Regular City Council, CRA, & Board of Adjustment Meeting November 28, 2018 Page Nine ii. Nominate Two At -Larger Members —Terms to Expire November 2019 Mayor Hill nominated Ms. Cerda and Mr. Hall to the at -large positions. There were no other nominations. Amber Cerda and Harry Hall were appointed to the Citizens Budget Review Advisory Board with terms to expire November 2019. 18.159 C. Indian River Countv and Reaional Boards/Committee Assionments (Transmittal. List) Upon review of the list, Council Members indicated they would remain on their currently assigned boards and committees. (See list attached) 18.159 D. Indian River Countv Commission Monthlv Meetina Monitorina (Transmittal. 2018/2019 Schedule) Council Member McPartlan agreed to take December 2018 and the Council Members agreed to monitor the County Commission meetings by left -to -right order of their seat on the dais. (See list attached) 13. PUBLIC HEARINGS - None 14. UNFINISHED BUSINESS - None 15. PUBLIC INPUT Ward Freese, Harp Terrace, thanked Council and the Public Facilities Department for taking care of the lighting on Easy Street. William Buck said he would like to open an art gallery/tattoo shop within the City but it is prohibited by the current zoning code. He noted that tattoos are no longer considered 'rough -neck." He requested Council to consider a zoning change so that he can open and operate a business where he lives and has a family. The Community Development Manager stated a tattoo parlor is considered as adult entertainment, as an adult personal service, and only allowed as a conditional use in industrial so even if he requested a special exception in another zoning district, he would still need to meet special use criteria. She said the current conditions were set when tattoo parlors were looked at a little differently and she suggested that Mr. Buck ask Council if they would staff to look into a change. Mayor Hill asked if the definition could be changed. The Community Development Manager said a definition could be developed and then the permitted zoning districts could be determined. Council Member Dodd and Vice Mayor Kinchen said they would support a change to the Land Development Code. 0 TABLE 54-2-5.9. LAND USES BY DISTRICT MATRIX z C RE-40 RS-20 RS-10 RM-8 R-MH C-5I2 CL CG CR CWR I11�- Al PS COMMUNITY FACILITIES rn (Airport facilities I P/C Child care services C C C C C C C C j C Cultural or civic facilities I C P P P P P C Schools, public and private C C C C P C Educational institutions, marine P C P related Equestrian facilities C Golf course and support facilities C C C C ( Hospitals and intensive care facilities C Nursing homes C C C C C Churches C C C C P P P C C Clubs and lodges, public and private P P P P P P C t" G� (Administrative services, public and P P P P P C private o Utilities, public and private C C C C C C C C C C P C C cu Parks and recreation, public C C C C C C C C C C C C P Parks public with stadium lighting IC Protective and emergency services, C C C C C C C C C C C C C public I COMMERCIAL ACTIVITIES Accessory watchman facilities P Adult entertainment C Bait and tackle shops P P Bars and lounges C P P (Bed and breakfast C C Boat sales and rentals P P lBusiness & professional offices, exclud- P P P P C P ing drive -through facilities l Business & professional offices, with C C C P drive -through facilities Car rental (airport) C I I Commercial amusement, enclosed Commercial amusement, unenclosed Time share facilities Commercial retail s 5,000 sq. ft. Commercial retail > 5,000 sq. ft. Commercial retails 10,000 sq. ft. Commercial retail > 10,000 sq. ft. 1Commercial retail s 20,000 sq. ft. Commercial retail > 20,000 sq. ft. Crematory Farmer's market Fish markets and packing facilities Flea market Pawn shops (Fuel storage (airport) Funeral homes Hotels and motels Industrial activities IMarina (Marine fuel sales Marine power sales and service Marine related specialty retail sales & service (Medical marijuana dispensaries Medical services (Mini -storage IParking garages Parking lots without buildings on the (lot Pharmacies Plant nurseries I TABLE 54-2-5.9. LAND USES BY DISTRICT MATRIX C RE-40 RS-20 RS-10 RM-8 R-MH C-512 CL CG CR CWR IN Al PS P C C P I PC 1 P P P P C C C C P C C 1 P I C C P 1 P P P C 1 C C C C C P P C C C P I P P I P P I P P P P P P P P P P P P P P P P C C 1 P P P C C P P P P P P P I P C P Restaurants, excluding drive -through facilities IRestaurants, including drive -through facilities Gasoline sales, retail Trade and skilled services Trade and skilled services, marine - related Storage facilities (Skydiving services Vehicular service and maintenance Vehicular sales and related service Veterinary services Wet/dry storage of boats j Wbolesale trades and services [Yacht clubs TABLE 54-2-5.9. LAND USES BY DISTRICT MATRIX C RE-40 RS-20 RS-10 RM-8 1R-Mil C-512 CL -I� - P —C - C C I P I- I C C CG I CR CWR IN AI P ll P P P C C C P P I P P P P P P I P P I I P ' C I P I P C C P I P C P P C P P I P P ELI Footnote: Adult life care and nursing homes shall include rest homes and convalescent homes, but no commercial offices or retail uses are allowed unless expressly restricted, designed and marketed only to serve residents of the facility and not the general public. Footnote: In all zoning districts, accessory uses to permitted uses shall be considered permitted uses. In all zoning districts, accessory uses to conditional uses shall be considered conditional uses. (Ord. No. 0-12-10, § 6, 10-10-2012; Ord. No. 0-18-01, § 3(Exh. A), 6-13-2018) CONDITIONAL USE CRITERIA § 54-2-6.4 3. Screening: All side and rear yards abutting residential districts or uses shall be screened in accordance with the standards established in section 54-3- 102 of this chapter. (2) Adult entertainment establishments: a. Applicable zoning districts. Adult entertainment establishments shall be permit- ted as a conditional use within the following zoning districts: IN. b. Conditional use criteria: I. No site shall be located closer than 1,000 feet to any residential district, church or other place of worship, public or private school, or park. 2. No site shall be located closer than 1,000 feet to any other adult entertain- ment establishment. 3. No site shall be located closer than 200 feet to any bar or lounge. 4. Outside advertising shall be limited to one identification sign, not to exceed 20 square feet. Advertisements, displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from a pedestrian sidewalk or walkway or from other areas public or semi-public; and such displays shall be considered signs. 5. Buildings shall not be painted in garish colors or such other fashion as will effectuate the same purpose as a sign(s). All windows, doors and other apertures shall be blacked or otherwise obstructed so as to prevent viewing of the interior of the establishment from without. 6. The use shall comply with all applicable state and local codes and ordi- nances. 7. Necessary measures shall be taken to ensure that the operation of the facility will not disturb adjacent property owners and the facility shall comply with the standards for nuisance abatement regarding noise as defined in section 54-3-17.4(e) of the Land Development Code. (3) Airport conditional uses: a. Applicable zoning districts. All uses identified in section 54-2-5.7 as a conditional use in the Airport Industrial District shall be permitted as a conditional use in the following zoning districts: AT. b. Conditional use criteria. All uses identified in section 54-2-5.7 as a conditional use in the Airport Industrial District will be allowed provided the following conditions are met: 1. The conditional use criteria for airport industrial uses shall be reserved for determination at time of site plan review and planning and zoning commis- sion hearing. Supp No. 13 LDC6:3 LANGUAGE AND DEFINITIONS § 54-5-22.3 (15) Utilities, public and private. Use of land which is customary and necessary to the maintenance and operation of essential public services, such as electricity and gas transmission systems; water distribution, collection and disposal; communication; and similar services and facilities. (c) Commercial activities: (1) Adult entertainment establishments. Any of the following described busi- nesses: Adult arcade, adult bookstore, adult dancing establishment, adult motion picture booth, adult mini -motion picture theater or drive-in, adult motel/hotel, adult personal service business and adult theater. (2) Bars and lounges. A commercial establishment selling and dispensing, for the drinking on the premises, of liquor, malt, wine or other alcoholic beverages. This shall not include the sale of alcoholic beverages accessory to and within a restaurant use duly licensed by the state as a restaurant. (3) Bed and breakfast. An owner -occupied dwelling unit where guest room lodging, with or without meals, is provided for compensation. (4) Boat sales and rentals. A commercial establishment where boat sales and rentals may occur together with servicing and sales of marine supplies but excluding boat or ship building. (5) Business and professional offices. Government offices and private for -profit offices extending advice, information or consultation of a professional nature. Offices exclude commercial storage of goods and possessions for the purpose of sale or resale as a principal use. (5.1) Commercial retail. Establishments where the principal use is the selling or renting of goods or merchandise to the general public for personal or household consumption thereby serving the day-to-day commercial needs of a community, including the rendering of services incidental to the sale of such goods. Establishments include convenience stores, supermarkets, department stores, florists, gift shops, thrift and resale stores, automotive supply stores, and similar retail sales and services. This definition shall not include adult bookstores, or other adult establishments. (6) Commercial use. All nonresidential, noninstitutional and industrial establish- ments, but not limited to and without regard to whether they are profit or nonprofit organizations or retail and/or wholesale establishments; including motels, hotels, stores, office buildings, restaurants, service stations, garages, laundries, cleaning establishments, for hire services and all other business required to obtain oecupational licenses. (7) Commercial amusements. Establishments engaged primarily in providing amusement or entertainment for a fee or admission charge. (8) Farmers market. Sale of agricultural produce within an enclosed building Supp. No. 16 LDC22:37