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