HomeMy WebLinkAboutArticle VIARTICLE VI: CONDITIONAL USE CRITERIA
1'*'1 SECTION 54-2-6.1: PURPOSE AND INTENT
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The purpose of this article is to ensure that a conditional use shall only be permitted on specific sites where the
proposed use may be adequately accommodated without generating adverse impacts on properties and land uses
within the immediate vicinity. This section sets forth provisions and criteria for consideration of conditional
uses on specific sites. Conditional uses shall be permitted only upon a finding that the proposed use satisfies the
provisions of this article.
SECTION 54-2-6.2: REVIEW PROCEDURES
A. Application. The application for a conditional use shall be filed with the Department of Planning and
Growth Management and shall be submitted on a form provided by the Department. Five copies of the
application and supporting information shall be included. The required supporting information shall be
submitted with the application.
B. Staff Review. The Planning and Growth Management Director shall distribute the application and
supporting information to the appropriate staff for review and comment. The Planning and Growth
Management Director shall summarize the staffs comments and make a written recommendation to the
Planning and Zoning Commission concerning appropriate action together with any applicable
conditions recommended by staff.
C. Planning and Zoning Commission Public Hearing. Upon receipt of the staff recommendations, the
Planning and Zoning Commission shall hold a public hearing pursuant to Section 54-1-2.8, except that
the newspaper notice is not required. The Planning and Zoning Commission shall approve, approve
with conditions or deny a proposed conditional use.
D. Planning and Zoning Commission Findings. Any approval with or without conditions shall be
rendered only after a finding by the Planning and Zoning Commission that the proposed conditional use
satisfies the criteria of this article and that the proposed conditional use:
1. Is so designed, located, and proposed to be operated so that the public health, safety and welfare
will be protected.
2. Does not present an unduly adverse effect upon other properties in the impacted area in which it
is located.
3. Based on the scale, intensity and operation of the use shall not generate unreasonable noise,
traffic, congestion or other potential nuisances or hazards to contiguous residential properties.
4. Conforms to all applicable provisions of the district in which the use is to be located.
5. Satisfies specific criteria stipulated for the respective conditional use described in this Article.
6. Is consistent with the code of ordinances and comprehensive plan.
Upon such finding, the Planning and Zoning Commission shall approve the application for the
conditional use permit.
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On all development, the Planning and Zoning Commission's decision shall be final unless that decision
is appealed to the City Council within ten (10) days following the Planning and Zoning Commission's
action (Reference Section 54-2-6.4 below). A written record of findings by the Board shall be
maintained, including a written statement of all: 1) conditions of approval; and 2) findings supporting
the approval or denial of a conditional use.
Revisions or additions to a conditional use shall be reviewed based on the criteria of Section 54-2-
6.2(A) and (B). A conditional use shall expire if construction has not commenced within 12 months of
approval. A conditional use may be extended only one (1) time for twelve months by a favorable vote of
the Planning and Zoning Commission if the applicant submits a petition for such extension at least thirty
(30) days prior to the development plan's expiration and demonstrated "reasonable cause" for the
extension. The burden of proof in justifying "reasonable cause" shall rest with the applicant.
A conditional use approval, except for home occupation licenses, shall run with the land and is
transferrable to successors in ownership. However, the use must remain compliant with all applicable
rules and regulations, including any specific conditions duly mandated by the City as a condition of the
original conditional use approval.
SECTION 54-2-6.3 APPEALS OF CONDITIONAL USE ACTION
Any applicant for conditional use approval, or any other aggrieved person having an interest therein, may file an
appeal to the City Council to review the action of the Planning and Zoning Commission in allowing or
disallowing such application for a conditional use approval pursuant to procedures established in Section54-1-
2.4(G):Appeals of Planning and Zoning Commission Decisions.
,,jmt, SECTION 54-2-6.4: SPECIFIC CRITERIA FOR APPROVING A CONDITIONAL USE
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In addition to satisfaction of the general provisions cited above, a conditional use shall be permitted only upon a
finding that the proposed conditional use complies with the requirements for the respective conditional use as
specified below:
l . Administrative services, public or private not -for -profit:
a. Applicable zoning districts. Public or private not -for -profit administrative services shall be
permitted as a conditional use within the following zoning district: PS.
b. Conditional use criteria. Public and private not -for -profit administrative services will be allowed
provided the following conditions are met:
(1) No building shall be located closer than one hundred (100) feet to any lot line which abuts a
residential district.
(2) No off-street parking or loading space shall be located closer than fifteen (15) feet to any
property line abutting a residential district.
(3) Screening: All side and rear yards abutting residential districts or uses shall be screened in
accordance with the standards established in Section 54-3-10.2 of this chapter.
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2. Adult entertainment establishments:
Article VI: Conditional Use Criteria
a. Applicable zoning districts. Adult entertainment establishments shall be permitted as a conditional
use within the following zoning districts: IN.
b. Conditional use criteria:
(1) No site shall be located closer than one thousand (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 one thousand (1,000) feet to any other adult entertainment
establishment.
(3) No site shall be located closer than two hundred (200) feet to any bar or lounge.
(4) Outside advertising shall be limited to one (1) identification sign, not to exceed twenty (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 ordinances.
(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: AI.
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 Commission hearing.
4. Bars and lounges:
a. Applicable zoning districts: Bars and lounges shall be permitted as a conditional use within the
following zoning districts: CG and CR.
b. Conditional use criteria:
(1) No site shall be located closer than one hundred (100) feet to any residential district, and four
hundred fifty (450) feet to any church or school.
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(2) The use shall comply with all applicable state and local codes and ordinances.
(3) 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.
5. Bed and Breakfast facilities:
a. Applicable zoning districts: Bed and Breakfast facilities shall be permitted as a conditional use
within the following zoning districts: RM-8 and CWR.
b. Conditional use criteria:
(1) Bed and Breakfast facilities shall only be located on property lying on or East of U.S. 1.
(2) No required parking facilities shall be located East of Indian River Drive.
(3) All side and rear yards abutting or adjacent to residential districts or uses shall be screened
in accordance with the standards established in Section 54-3-14.16.
6. Business & Professional Offices with drive -through facilities:
a. Applicable zoning districts. Business and professional offices with drive -through facilities shall
be permitted as a conditional use within the following zoning districts: CL, CG, and CR
b. Conditional use criteria. Drive -through facilities will be allowed provided the following criteria
are met:
(1) Separate entrances and exits shall be provided and clearly identified and in conformance
with the sign regulations of Article XVI of this code. Joint entrance/exit curb cuts may be
allowed for the ingress and egress and for traffic not utilizing the drive -through facilities.
(2) No more than two (2) curb cuts shall be permitted on any single street frontage. Curb cuts
shall be limited to a maximum width of twenty-five (25) feet, shall be located no closer
than thirty-five (35) feet to any intersection, and shall be at least ten (10) feet removed
from property lines.
(3) The site plan shall provide for efficient circulation of vehicles on -site and maintain an
adequate separation of drive -through and non -drive -through traffic.
(4) In the CG and CR district, no business or professional office with drive -through facility
shall be located within one hundred (100) feet of a residential district. In the CL district,
no business or professional office with drive -through facility may abut a residential zoning
district.
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(5) All side and rear yards abutting or adjacent to residential districts or uses shall be screened
in accordance with the standards established in Section 54-3-14.16 of this chapter. In
addition, walls or fences may be required by the planning and zoning commission for the
sole purpose of screening light beams from motor vehicles utilizing drive -through facilities
if such light beams will cause undue glare to surrounding properties, taking into account
the use of the surrounding properties, the distance therefrom, and the existence of other
obstructions to such light beams. Any such requirements imposed by the planning and
zoning commission as to walls and fences shall be supported by stating the basis for such
requirements. This requirement may be required by the planning and zoning commission
after original site plan approval if the use of the adjacent land(s) on the side or rear of the
property changes and becomes sensitive to glare.
7. Child care services:
a. Applicable zoning districts: Child care services shall be permitted as a conditional use within the
following zoning districts: RE-40, RS-20, RS-10, I M-8, C-512, CL, CG, CR, CWR, and PS.
b. Conditional use criteria. Child care services will be allowed provided the following conditions.
are met:
(1) The site shall be located on a paved public road with sufficient width to accommodate
pedestrian and vehicular traffic generated by the use. A facility located within the RS-10
district shall be located on a major collector street or larger as designated on the city's
adopted thoroughfare map. A facility located in any other zoning district shall be located near
a major collector street so as to discourage traffic along residential streets in the immediate
area
(2) One accessory off-street parking space shall be provided for each five (5) children
accommodated in the child care facility.
(3) No such facility shall be permitted on a lot unless it contains a minimum of ten thousand
(10,000) square feet.
(4) Special passenger loading and unloading facilities shall be provided on the same lot for
vehicles to pick up or deliver clientele. Such facilities shall include driveways that do not
require any backup movements by vehicles to enter or exit the premises.
(5) All regulations of the State of Florida as amended hereafter that pertain to the use shall be
satisfied.
(6) A fenced area of usable outdoor recreation area of not less than forty-five (45) square feet per
child (based on the maximum capacity of the child care facility as determined by the
applicable Florida laws) shall be provided and such area shall be delineated on the site plan
submitted at the time the application is filed. For purposes of this provision, the term `usable
outdoor recreation area" shall be limited to the following:
(a) That area not covered by building or required off-street parking spaces, which is fenced
and screened from adjacent property boundaries.
(b) No portion of the front yard.
(c) Only that area which can be developed for active outdoor recreational purposes.
(d) An area which occupies no more than eighty (80) percent of the combined total areas of
the rear and side yards.
(e) No usable outdoor recreational area shall be utilized within any dedicated easement.
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(7) Screening: All side and rear yards shall be screened in accordance with the standards
established in Section 54-3-14.16 of this ordinance.
8. Churches:
a. Applicable zoning districts. Churches, synagogues and other places of worship shall be permitted
as a conditional use within the following zoning districts: RE-40, RS-20, RS-10, RNL-8, and PS.
b. Conditional use criteria. Churches, synagogues and other places of worship will be allowed
provided the following conditions are met:
(1) A minimum lot area of twenty thousand (20,000) square feet shall be required.
(2) A minimum lot width of one hundred (100) feet shall be required.
(3) The maximum lot coverage by all impervious surfaces shall not exceed sixty (60) percent of
the lot area.
(4) No building or structure shall be located closer than thirty (30) feet to any property line
abutting a residential use or district.
(5) Access shall be from a major thoroughfare or as otherwise approved by the city engineer.
(6) Any accessory residential use or school upon the premises shall provide such additional lot
area as required for such use by this section and shall further be subject to all conditions set
forth for such uses by this section. Accessory residential uses may include convents,
monasteries, rectories or parsonages.
(7) Screening: All side and rear yards abutting residential districts or uses shall be screened in
accordance with the standards established in Section 54-3-14.16 of this ordinance.
9. Clubs and lodges, public or private:
a. Applicable zoning districts. Public and private clubs and lodges shall be permitted as a
conditional use within the following zoning districts: PS.
b. Conditional use criteria. Public and private clubs and lodges will be allowed provided the
following conditions are met:
(1) No building shall be located closer than one hundred (100) feet to any lot line which abuts a
residential district.
(2) No off-street parking or loading space shall be located closer than fifteen (15) feet to any
property line abutting a residential district.
(3) Screening: All side and rear yards abutting residential districts or uses shall be screened in
accordance with the standards established in Section 54-3-14.16 of this chapter.
(4) Alcoholic beverages shall not be permitted if the site abuts a residential zoning district.
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10. Commercial amusements, enclosed:
a. Applicable zoning districts. Enclosed commercial amusements shall be permitted as a conditional
use within the following zoning district: CG and CR.
b. Conditional use criteria. Enclosed commercial amusements will be allowed in the CG and CR
districts provided the following criteria are met:
(1) No structure shall be located within one hundred (100) feet of a residential district.
(2) No off-street parking or loading area shall be located within fifty (50) feet of a residential
district.
(3) The site plan shall provide for efficient circulation of vehicles on -site.
(4) The site shall have reasonable access to a major thoroughfare.
11. Commercial amusements, unenclosed:
a. Applicable zoning districts. Commercial amusements, unenclosed, as defined in this code,
shall be permitted as a conditional use within the following zoning districts: IN.
b. Conditional use criteria. Commercial amusements, unenclosed, will be allowed provided the
following criteria are met:
(1) Approval of a plan of access to a major thoroughfare shall be obtained from the city
engineer.
(2) There shall be no direct access to a major highway, as designated in the comprehensive
plan, where there is the availability of access to a lesser road.
(3) All buildings and structures shall be at least one hundred (100) feet from any property line.
(4) Drives and parking areas shall be surfaces with a hard and durable material and properly
drained.
(5) Appropriate measures to prevent traffic congestion on adjacent public ways shall be taken.
(6) Necessary measures shall be taken to subdue any excessive noise when the facility abuts a
residential district.
(7) The entrances and exits shall be located so as to afford unobstructed sight distance for
three hundred (300) feet in each direction.
(8) Such use shall not permit adult entertainment activities on the premises.
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12. Commercial Retail > 5000 sq. ft.:
a. Applicable zoning districts. Commercial retail > 5000 sq. ft. shall be permitted as a conditional
use in the following zoning districts: C-512, CL, CWR and IN.
b. Conditional use criteria. Commercial retail > 5000 sq. ft. will be allowed provided the
following conditions are met:
(1) The conditional use criteria for Commercial retail > 5000 sq. ft. shall be reserved for
determination at time of site plan review and Planning and Zoning Commission hearing.
13. Commercial Retail > 10,000 sq. ft.:
a. Applicable zoning districts. Commercial retail > 10,000. ft. shall be permitted as a conditional
use in the following zoning districts: CR.
b. Conditional use criteria. Commercial retail > 10,000 sq. ft. will be allowed provided the
following conditions are met:
(1) The conditional use criteria for Commercial retail > 10,000 sq. ft. shall be reserved for
determination at time of site plan review and Planning and Zoning Commission hearing.
14. Commercial Retail > 20,000 sq. ft.:
a. Applicable zoning districts. Commercial retail > 20,000. ft. shall be permitted as a conditional
use in the following zoning districts: CG.
c. Conditional use criteria. Commercial retail > 20,000 sq. ft. will be allowed provided the
following conditions are met:
(1) The conditional use criteria for Commercial retail > 20,000 sq. ft. shall be reserved for
determination at time of site plan review and Planning and Zoning Commission hearing.
15. Cultural or civic facilities:
a. Applicable zoning districts. Cultural or civic facilities shall be permitted as a conditional use
within the following zoning districts: RM-8, CWR, and PS.
b. Conditional use criteria. Cultural or civic facilities including public or private facilities,
offices or services, and which may include civic or community centers, theaters predominantly
used for live performances, libraries, museums and similar uses, will be allowed provided the
following conditions are met:
(1) No building shall be located closer than fifty (50) feet to any lot line which abuts a
residential district.
(2) No off-street parking or loading space shall be located closer than fifteen (15) feet to any
property line abutting a residential district.
(3) Screening: All side and rear yards abutting residential districts or uses shall be screened in
accordance with the standards established in Section 54-3-14.16 of this chapter.
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(4) The proposed site shall be located on a major collector street or an arterial street, and shall
/44k� have direct access from the site onto the collector street or the arterial street as designated
on the city's thoroughfare map.
16. Educational Institutions, marine related
a. Applicable zoning districts. Educational institutions, marine related shall be permitted as a
conditional use in the following zoning districts: CWR.
b. Conditional use criteria. Educational institutions, marine related will be allowed provided the
following conditions are met:
(1) The applicant shall submit a description of anticipated service area and projected enrollment,
by stages if appropriate, and related the same to a development plan explaining:
(a) Area to be developed by construction phase.
(b) Adequacy of sit to accommodate anticipated facilities, enrollment, recreation area, off-
street -parking and pedestrian and vehicular circulation on -site.
(c) Safety features of the development plan.
17. Equestrian Facilities
a. Applicable zoning districts. Equestrian facilities shall be permitted as a conditional use in the
following zoning districts: RE-40.
fO`1 b. Conditional use criteria. Equestrian facilities will be allowed provided the following conditions
are met:
(1) Stables, noncommercial (administrative permit: no planning and zoning commission review
or approval required if associated with a site plan reviewed as an administrative approval or
minor site plan.
(a.) Additional information requirements: The applicant shall submit a site plan which shall
show the location of all existing and proposed structures and the location of any fences,
and all other information relevant required in Article X.
(b) Criteria for noncommercial stables:
1. Noncommercial stables shall be allowed in the RE-40 district only as an
accessory use;
2. Such uses shall be located on lots having an area no less than five (5) acres;
3. The number of horses shall not exceed one per acre;
4. Enclosed structures, such as barns, shall have a minimum setback of fifty (50)
feet from any property lines;
5. The applicant shall provide a fence which has a minimum height of four (4) feet
and totally encloses the property to be used in association with the equestrian
use.
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18. Farmers market:
a. Applicable zoning districts. Farmers markets shall be permitted as a conditional use within the
following zoning district: CG, and CR.
b. Conditional use criteria. Farmers markets will be allowed provided the following criteria are
met:
(1) All sales activity and storage shall be in an enclosed structure.
(2) No structure shall be located within fifty (50) feet to any lot line abutting a residential
district.
(3) No off-street parking or loading area shall be located within fifteen (15) feet to any
property line abutting a residential district.
19. Flea markets:
a. Applicable zoning districts. Flea markets shall be permitted as a conditional use within the 1N
zoning district.
b. Conditional use criteria. Flea markets will be allowed provided the following criteria are met:
(1) All sales activity and storage shall be in an enclosed structure.
(2) No structure shall be located within fifty (50) feet to any lot line abutting a residential
district.
(3) No off-street parking or loading area shall be located closer than fifteen (15) feet to any
property line abutting a residential district.
20. Foster Care/Group Homes with > 6 Residents
a. Applicable zoning districts. Foster care/group homes with > 6 residents shall be permitted as a
conditional use in the following zoning districts: RE-40, RS-20, RS-10, RM-8, and CWR.
b. Conditional use criteria. Foster care/group homes with > 6 residents, including supportive staff
as defined in 419.001, FS, will be allowed provided the following conditions are met:
(1) Does not otherwise conform to existing zoning regulations applicable to other multi -family
uses in the City.
(2) Does not meet applicable licensing criteria established and determined by the State including
requirements that the home be located and designed to ensure the safe care and supervision
of all clients in the home.
(3) Would result in excessive concentration of community residential homes. A home that is
located within a radius of one thousand two hundred (1,200) feet of another existing
community residential home in a multi -family zone shall be an over concentration of such
homes that substantially alters the nature and character of the area. A home that is located
within a radius of- five hundred (500) feet of an area of single-family zoning substantially
alters the nature and character of the area.
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(4) The sites shall also be free of safety hazards, and all structures shall comply with City
ordinances and applicable State laws including applicable State licensing and program
requirements.
21. Funeral homes:
a. Applicable zoning districts. Funeral homes shall be permitted as a conditional use within the
following zoning districts: CL, CG, and CR.
b. Conditional use criteria. Funeral homes will be allowed provided the following conditions are
met:
(1) Such uses shall be located adjacent to a major thoroughfare and a service drive and
sufficient off-street parking area shall be provided in order that no public road shall be
used for initiating a funeral procession.
(2) Screening: All side and rear yards abutting residential districts or uses shall be screened in
accordance with the standards established in Section 54-3-14.16 of this ordinance.
22. Gasoline Sales, Retail:
a. Applicable zoning districts. Gasoline sales shall be permitted as a conditional use within the
following zoning districts: C-512 and CL.
b. Conditional use criteria. Gasoline sales will be allowed provided the following conditions are
f"1 met:
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(1) All automotive fuel sales shall be accessory to neighborhood convenience stores.
(2) The retail establishment shall be a minimum of fifty (50) feet from all fuel pumping areas.
(3) No automotive repair or maintenance activities shall be permitted.
(4) The location of all gasoline storage tanks and facilities shall be subject to all applicable
standards of the National Fire Protection Association (NFPA).
(5) No building or structure, gasoline pumps, tanks, vents, pump islands, canopies, excluding
signs, shall be located within twenty-five (25) feet of any street right-of-way.
(6) All receptacles, tanks or facilities for the storage of combustible products in excess of two
hundred (200) gallon quantities shall be located underground and within all required
setbacks. Flammable materials shall be stored within the building setback lines and in a
manner satisfactory to the fire department chief and the City engineer.
(7) When a service station dispensing flammable liquids becomes vacant for a period
exceeding thirty (30) days, the property owner or lessor shall be required to remove from
the site in a safe manner all flammable liquids and materials on the site. Notwithstanding,
all underground storage tanks shall be secured in accordance with NFPA standards.
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23. Golf courses and support facilities:
I� a. Applicable zoning districts. Golf courses and support facilities shall be permitted as a
conditional use within the following zoning districts: RE-40, RS-20, RM-8, and PS.
b. Conditional use criteria. Golf courses and support facilities will be allowed provided the
following conditions are met:
(1) Golf courses and accessory facilities shall not include freestanding commercial miniature
golf courses and/or driving ranges. The minimum site comprising the course shall be one
hundred ten (110) acres of land.
(2) No major accessory use or principal building or structure shall be located closer than three
hundred (300) feet to any lot line which abuts a residential district.
(3) Golf courses shall, to the most reasonable extent, retain and preserve native vegetation
over at least thirty (30) percent of the total upland area of the course due to their
characteristically high water demand and heavy nutrient loads.
(4) The lighting of golf courses shall be designed so that lighting is shielded and directed
away from residential areas.
(5) Screening: Accessory facilities adjacent to residential districts or uses shall meet the
screening requirements established in Section 54-344.16 of this ordinance.
� 24. Guest House:
a. Applicable zoning districts. Guest house apartments shall be permitted as a conditional use
within the following zoning districts: RS-20 and RE-40.
b. Conditional use criteria. Guest house apartments will be allowed provided that the following
criteria are met:
(1) Structure shall be an accessory structure or a portion of a principal single-family dwelling.
(2) No guest house apartment may be utilized for commercial or rental purposes.
(3) Total square footage of the guest house shall not exceed fifty (50) percent of the total square
footage of the principal structure (including living and non -living space, but the total square
footage of the guest house shall not, in any event, exceed one thousand (1,000) square feet).
(4) No detached accessory structure utilized for a guest house shall exceed the height of the
principal structure.
(5) A legal document in a form acceptable to the city attorney shall be provided to the city clerk
in recordable form to be recorded by the clerk of the circuit court for Indian River County, in
the public records, which sets forth the limitations of the use on site. The cost of recording
such legal document shall be paid by the property owner.
14101� (6) Minimum lot size shall be thirty thousand (30,000) square feet.
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25. Hospitals and intensive care facilities:
a. Applicable zoning districts. Hospitals and extensive care facilities shall be permitted as a
conditional use within the following zoning district: PS.
b. Conditional use criteria. Hospitals and extensive care facilities will be allowed provided the
following conditions are met:
(1) The proposed site shall be located on an arterial street and shall have direct access from such
arterial street as designated on the city's thoroughfare map.
(2) The minimum lot size shall be five (5) acres.
(3) Density: The number of beds shall be determined by the planning and zoning commission
based upon recommendations from the city planner.
(4) Screening: All side and rear yards abutting residential districts or uses shall be screened in
accordance with the standards established in Section 54-3-14.16.
(5) Adequate provisions shall be made for service vehicles with access to the building at a side
or rear entrance.
(6) Building design shall incorporate provisions for safety which mandate rear and front doors
for emergency evacuation and require a safe and convenient design of internal systems for
the transport of patients within these facilities. Sprinkler systems approved by the building
officials shall be required.
(7) No building or structure shall be located closer than thirty (30) feet to any lot line which
abuts a residential district.
(8) No off-street parking shall be located closer than fifteen (15) feet to any lot line which abuts
26. Hotels and motels:
a. Applicable zoning districts. Hotels and motels and transient quarters will be permitted
conditional uses within the following zoning districts: CL, CWR, IN, and AI.
b. Conditional use criteria. Hotels, motels, transient quarters and similar uses for seasonable
residents will be allowed provided the following conditions are met:
(1) The facilities shall comply with applicable regulations of the State Division of Hotels and
Restaurants cited in the Florida Administrative Code.
(2) Screening: All side and rear yards abutting residential districts or uses shall be screened in
accordance with standards established in Section 54-3-14.16 of this ordinance.
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City of Sebastian
Chapter II: District and General Regulations
Article VI: Conditional Use Criteria
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27. Marine Fuel Sales
a. Applicable zoning districts. Marine fuel sales shall be permitted as a conditional use in the
following zoning districts: CWR.
b. Conditional use criteria. Marine fuel sales will be allowed provided the following conditions are
met:
(1) All marine fuel sales shall be accessory to permitted marine facilities.
(2) No boat repair or maintenance activities shall be permitted.
(3) All fuel dispensing equipment and lines shall be subject to all applicable standards of the
Health Department, Department of Environmental Protection and National Fire Protection
Association.
(4) The location of all gasoline storage tanks and facilities shall be subject to all applicable
standards of the National Fire Protection Association (NFPA).
28. Mini -storage
a. Applicable zoning districts. Mini -storage shall be permitted as a conditional use in the
following zoning districts: CG.
b. Conditional use criteria. Mini -storage will be allowed provided the following conditions are
met:
(1) All setbacks of the respective zoning district shall be used except in no case shall the setback
be less than twenty (20)
(2) Screening: All side and rear yards shall be screened in accordance with the standards
established in Section 54-3-14.16 of this chapter.
(3) Automobiles, trucks and recreational vehicles may be stored in designated areas as shown on
the approved site plan. All other proposed outside storage shall be reviewed and approved
by the Planning and Zoning Commission.
(4) One (1) management office may be included provided it does not exceed four hundred (400)
sq. ft.
(5) No occupational licenses other than for the main use (storage) shall be permitted.
(6) No sales, garage sales, manufacturing or repair is permitted. However, this does not
preclude the use as a depot for such purposes as franchised distribution or temporary storage
for contractor supplies.
(7) There shall not be any storage of flammable, toxic, highly combustible or other hazardous
materials or substances.
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City of Sebastian
Chapter II: District and General Regulations
Article VI: Conditional Use Criteria
29. Model homes:
a. Applicable zoning districts. Model homes shall be permitted as a conditional use within the
following zoning districts: RE-40, RS-20, RS-10, RM-8, R.1VM, CWR, and approved residential
uses in a PUD.
b. Conditional use criteria. Model homes will be allowed providing the following conditions are
met:
(1) Model homes shall be regulated through the issuance of a model home permit. The permit
shall be issued for a period not to exceed one year. The planning and zoning commission
may renew said permit upon application, provided that the model home has been constructed
and operated in accordance with this code.
(2) A permit holder may not use the model home as his or her principal place of business. The
model home shall be used for display purposes only, and not as a contractor's office, real
estate office, or annex thereof. However, price quotations may be given and binders may be
executed on the premises.
(3) The model home shall meet all district requirements for lot and yard dimensions.
(4) No construction materials or construction equipment may be stored in the model, on the site,
or on adjoining sites.
(5) Business activity may be conducted at the model home only between the hours of 9:00 a.m.
and 6:00 p.m., seven (7) days per week; and not more than two (2) permanent employees (in
addition to the owner thereof) shall be authorized to remain in the model during the business
day.
(6) Model homes with a valid conditional use permit may have one sign not to exceed six (6)
square feet and shall not be higher than six (6) feet. Such signs may be illuminated and shall
conform with the city sign ordinance.
(7) Model homes may be illuminated, but only for security purposes and shall not cause a glare
or infringe on neighboring properties or impede traffic.
(8) At least five (5) parking spaces shall be provided on the same lot as the model, or on a
contiguous lot, owned by the contractor or developer, or in the street right-of-way
immediately in front of said model, and shall be maintained so long as the model home is
used as such, as follows:
(a) A plan for all parking facilities shall be submitted to the city engineer and approved by
the city engineer prior to the issuance of a permit.
(b) Any parking area which is located on a corner lot shall be designed so as not to obstruct
the view of approaching traffic.
(c) Ingress and egress to the parking area shall be a minimum of thirty (30) feet distant from
any corner and also a minimum distance of ten (10) feet from an interior property line.
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Chapter H: District and General Regulations
Article VI: Conditional Use Criteria.
(9). Where a violation of these restrictions on the use of model homes is determined to exist by
the code enforcement board pursuant to the procedures set forth in division 2 or article VI of
chapter 2 of the Code of Ordinances, the certificate authorizing such model home use shall
be revoked and no such certificate shall be reissued for a period of one year following the
date of the entry of the order of the code enforcement board finding the existence of such
violation.
(10) With respect to model homes in either the RINM or PUD (NM) zoning districts, conditions
stated in subparagraphs (4) and (9), above, may be waived only for mobile home models
(removable) when more than two (2) such models are to be placed in a cluster as part of a
sales center.
30. Nursing homes (including rest homes or convalescent homes::
a. Applicable zoning districts. Nursing homes shall be permitted as a conditional use within the
following zoning districts: RNI-8, C-512, CL, CG, CR, and CWR.
b. Conditional use criteria. Nursing homes will be allowed provided the following conditions are
met:
(1) No building or structure shall be located closer than thirty (30) feet to any lot line which
abuts a residential district.
(2) No off-street parking shall be located closer than fifteen (15) feet to any lot line which abuts
a residential district.
410�
(3) Adequate provisions shall be made for service vehicles with access to the building at a side
or rear entrance.
(4) Screening: All side and rear yards shall be screened in accordance with the standards
established in Section 54-3-14.16 of this chapter.
(5) Building design shall incorporate provisions for safety which mandate rear and front doors
for emergency evacuation and require a safe and convenient design of internal systems for
the transport of patients within these facilities. Sprinkler systems approved by the building
official shall be required.
31. Parking Lots (without a building or structure on the lot):
a. Applicable zoning districts. Parking lots without a building or structure on the lot or parcel shall
be permitted as a conditional use within the following zoning districts: CR. A "structure" for
the purpose of this section means an edifice or building of any kind.
b. Conditional use criteria. Parking lots without a building or structure on the lot or parcel will be
allowed provided the following conditions are met:
(1) A site plan must be submitted and approved by the planning and zoning commission in
accordance with article XVIII of this Code.
/40� (2) All parking lots must be landscaped in accordance with article XIV of this Code.
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Chapter II. District and General Regulations
Article VI: Conditional Use Criteria
32. Parks and recreation, public:
a. Applicable zoning districts. Public parks and recreation areas shall be permitted as a conditional
use within all zoning districts: RE-40, RS-20, RS-10, IUM-8, R-MH, C-512, CL, CG, CR, CWR,
IN, Al.
b. Conditional use criteria. Public parks and recreation areas, including parks, playgrounds, piers,
docks and boat launching areas that are publicly owned and used for recreational purposes by the
general public, will be allowed provided the following conditions are met:
(1) No building or structure shall be located closer than thirty (30) feet to any property line
abutting a residential district.
(2) No off-street parking or loading areas shall be located closer than fifteen (15) feet to any
property line abutting a residential district.
(3) Any recreational use equipped with lighting to allow the use of the facility after sunset or
any facility such as a stadium which attracts large groups of users for specific events shall be
allowed only as a special exception.
(4) Screening: All side and rear yards abutting residential districts or uses shall be screened in
accordance with the standards established in Section 54-3-14.16.
33. Parks and recreation, public with stadium lighting
a. Applicable zoning districts. Parks and recreation, public with stadium lighting shall be
permitted as a conditional use in the following zoning districts: PS.
b. Conditional use criteria. Parks and recreation, public with stadium lighting will be allowed
provided the following conditions are met:
(1) No building or structure shall be located closer than thirty (30) feet to any property line
abutting a residential district.
(2) No off-street parking or loading areas shall be located closer than fifteen (15) feet to any
property line abutting a residential district.
(3) Any recreational use equipped with lighting to allow the use of the facility after sunset or
any facility such as a stadium which attracts large groups of users for specific events shall be
allowed only as a special exception.
(4) Stadium lighting shall be so arranged as to shield or deflect the light from adjoining
properties and public streets.
(5) Screening: All side and rear yards abutting residential districts or uses shall be screened in
accordance with the standards established in Section 54-3-14.16.
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Chapter II: District and General Regulations
Article VI: Conditional Use Criteria
34. Pawn Shops
a. Applicable zoning districts. Pawn shops shall be permitted as a conditional. use within the CG
zoning district.
b. Conditional use criteria. Pawn shops will be allowed provided the following criteria are met:
(1) All sales activity and storage shall be in an enclosed structure.
(2) No structure shall be located within fifty (50) feet to any lot line abutting a residential
district.
(3) No off-street parking or loading area shall be located closer than fifteen (15) feet to any
property line abutting a residential district.
35. Plant Nurseries
a. Applicable zoning districts. Plant nurseries shall be permitted as a conditional use in the
following zoning districts: CR.
b. Conditional use criteria. Plant nurseries will be allowed provided the following conditions are
met:
(1) Outside storage shall be approved by the Planning and Zoning Commission provided
sufficient land area is provided together with adequate screening and buffering to prevent
(001� any adverse impacts on adjacent lands.
(2) No building shall be located closer than fifty (50) feet to any property line abutting a
residential district.
(3) There shall be a minimum lot size of twenty thousand (20,000) sq. ft.
(4) Screening: All side and rear yards abutting residential districts or uses shall be screened in
accordance with the standards established in Section 54-3-14.16.
36. Protective & Emergency Services:
a. Applicable zoning districts. Public protective services shall be permitted as a conditional use
within all zoning districts.
b. Conditional use criteria. Public protective services such as police, fire, rescue and ambulance
facilities will be allowed provided the following conditions are met:
(1) All public protective services shall provide ingress and egress on to and off of a major
thoroughfare.
(2) No building or structure shall be located closer than thirty (30) feet from any side or rear
property line abutting a residential district.
(3) No off-street parking or loading area shall be located closer than thirty (30) feet from any
side or rear property line abutting a residential district.
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Chapter M District and General Regulations
Article VI: Conditional Use Criteria
(4) Screening: All side and rear yards abutting residential districts or uses shall be screened in
accordance with the standards established in section 54-3-14.16.
37. Restaurants (excluding drive -through facilities):
a. Applicable zoning districts. Restaurants (excluding drive -through facilities) shall be permitted as
a conditional use within the following zoning districts: CL and Al.
b. Conditional use criteria. Restaurants (excluding drive -through facilities) will be allowed
provided the following criteria are met:
(1) No building shall be located within fifty (50) feet to any lot line abutting a residential
district.
(2) No off-street parking or loading area shall be located within fifteen (15) feet to any property
line abutting a residential district.
(3) Screening: All side and rear yards abutting residential districts or uses shall be screened in
accordance with the standards established in Section 54-3-14.16.
38. Restaurants, with drive -through facilities:
a. Applicable zoning districts. Restaurants with drive -through facilities shall be permitted as a
conditional use within the following zoning districts: CG, and CR.
b. Conditional use criteria. Restaurants with drive -through facilities will be allowed provided the
following conditions are met:
(1) Separate entrances and exits shall be provided and clearly identified and in conformance
with the sign regulations of Article XVI of this code. Joint entrance/exit curb cuts may be
allowed for the ingress and egress and traffic not utilizing the drive -through facilities.
(2) No more than two (2) curb cuts shall be permitted on any single street frontage. Curb cuts
shall be limited to a maximum width of fifty (50 feet and shall. be located no closer than
thirty-five (35) feet removed from property lines. A fifteen (15) foot separation shall be
maintained between curb cuts.
(3) No building, structure or off-street loading or parking area shall be located closer than thirty
(30) feet to any residential use or district.
(4) All travel lanes and driveways shall be interpreted as off-street parking, and as such shall
conform to the landscape requirements of this chapter.
(5) Screening: All side and rear yards abutting residential districts or uses shall be screened in
accordance with the standards established in Section 54-3-10.2 of this ordinance.
39. Schools, public and private:
a. Applicable zoning districts. Public and private schools shall be a conditional use within the
following zoning districts: RE-40, RS-20, RS-10, RM-8, PUD(C) and PS.
b. Conditional use criteria. Public and private schools, excluding private business, technical and
commercial schools, dancing and music academies, and public and private colleges and
universities, will be allowed provided the following conditions are met:
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Chapter 11: District and General Regulations
Article VL Conditional Use Criteria
(1) Sites shall have access to city collector streets so as to discourage traffic along local
residential streets in residential subdivisions.
(2) Depending on the type of facility proposed, the minimal spatial requirements for the site
shall be similar to standards utilized by the Indian River County School Board and the State
of Florida.
(3) No main or accessory building should be located within one hundred (100) feet of any
property line.
(4) The applicant shall demonstrate a program of systematic instruction reasonably conforming
with customary standards for the respective forms of similar construction.
(5) The applicant shall submit a description of anticipated service area and projected enrollment,
by stages if appropriate, and the same to a development plan explaining:
(a) Area to be developed by construction phase:
(b) Adequacy of site to accommodate anticipated facilities enrollment, recreation areas, off-
street parking and pedestrian and vehicular circulation on -site including loading,
unloading and queuing of school bus traffic; and
(c) Screening: All side and rear yards shall be screened in accordance with the standards
established in Section 54-3-14.16.
40. Utilities, public and private:
a. Applicable zoning districts. Public and private utilities shall be permitted as a conditional use
within the following zoning districts: RE-40, RS-20, RS-10, RM-8, R-MH, C-512, CL, CG, CR,
CWR, Al, and PS.
b. Conditional use criteria. Public and private .utilities such as electrical substations and distribution
facilities, sewage pumping facilities and water storage and pumping facilities will be allowed
provided the following conditions are met:
(1) Site plan proposed by a Florida registered engineer shall show the proposed utility together
with an existing system of which the proposed system will be an integral part. A statement
shall be submitted which explains the function of the proposed improvement and its
consistency with any overall utility system plan as well as the comprehensive plan.
(2) No portion of the site shall be used for outside storage of materials or equipment, or for
repairing or servicing vehicles and equipment without sufficient land area and appropriate
screening to buffer adverse impacts as approved by the planning and zoning commission.
(3) Screening: All front, rear and side yards shall be screened in accordance with the standards
established in Section 54-3-14.16.
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Chapter U: District and General Regulations Article VI: Conditional Use Criteria
41. Vehicular service and maintenance:
f a. Applicable zoning districts. Automotive service stations shall be permitted as a conditional use
within the following zoning districts: CG & CR.
b. Conditional use criteria. Automotive service facilities, including those that dispense retail
automotive fuels and oils for the operation of motor vehicles either as a principal or accessory
use on the premises, will be allowed provided the following conditions are met:
(1) The use shall satisfy all of the requirements of section 54-2-7.6.
(2) A minimum lot area of ten thousand (10,000) square feet with a minimum lot width of one
hundred (100) feet on a major thoroughfare and a minimum lot depth of one hundred (100)
feet shall be required. No site may abut a residential district.
(3) No building or structure, gasoline pumps, tanks, vents, pump island, or canopies, excluding
signs, shall be located within twenty-five (25) feet of any street line.
(4) No more than two (2) curb cuts shall be permitted to any one street frontage. Curb cuts shall
be restricted to a maximum width of thirty (30) feet, shall be located no closer than thirty (30)
feet to a right-of-way intersection, and shall be at least ten (10) feet removed from property
lines. A minimum fifteen -foot separation shall be maintained between curb cuts.
(5) The site plan shall provide for efficient internal circulation of vehicles on -site.
f (6) In cases where a service station is located on -site in conjunction with a retail sales
establishment such as a neighborhood convenience store, the retail establishment shall be
adequately separated from the fuel pumps and service areas. The internal circulation system
and parking areas shall provide for safe and efficient on -site maneuvering of all vehicles using
the site.
(7) Special location requirements:
(a) All receptacles, tanks or facilities for the storage of combustible products in excess of two
hundred (200) gallon quantities shall be located underground and within all required
setbacks. Flammable materials shall be stored within the building setback lines and in a
manner satisfactory to the fire department chief and the city engineer.
(b) When a service station dispensing flammable liquids becomes vacant for a period
exceeding thirty (30) days, the property owner or lessor shall be required to remove from
the site in a safe manner all flammable liquids and materials on the site. Notwithstanding,
all underground storage tanks shall be secured in accordance with NFPA standards.
(c) All services and repairs not of an emergency or short term diagnostic nature shall be
conducted entirely within a building. All merchandise and material for sale shall be
displayed within an enclosed building except that oil for use in motor vehicles may be
displayed or sold from an appropriate rack or compartment at the convenience of the
customer and station attendant.
(d) Storage of inoperative or unregistered motor vehicles generally shall not be permitted on
the premises. However, motor vehicles which are being serviced may be stored in
appropriate outside parking areas for a period not to exceed eight (8) days.
f
(8) Landscaping. All vehicle storage areas, aisles, travel lanes, driveways, and other outdoor
areas designed for the use of vehicles being serviced or maneuvered shall conform to
landscape requirements for off-street parking areas (Ref. Section 54-3-14.11(C).
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Chapter II: District and General Regulations
Article VI: Conditional Use Criteria
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42. Vehicular storage area (common)
a. Applicable zoning districts. Vehicular storage area (common) shall be permitted as a
conditional use in the following zoning districts: R-MH.
b. Conditional use criteria. Vehicular storage area (common) will be allowed provided the
following conditions are met:
(1) Surface: Such storage areas shall have a surface meeting the provisions of Section 54-3-15.9
of this code.
(2) Screening: All storage areas shall be enclosed by a security fence and properly screened
from neighboring residences in accordance with Section 54-3-14.16. All storage areas shall
be a minimum of (30) feet from the nearest home site.
(3) Site plan review: Such storage areas shall undergo a site plan review in accordance with
Article XVIII of this code.
43. Veterinary services:
a. Applicable zoning districts. Veterinary medical services shall be a permitted conditional use
within the following zoning districts: C-512, CL, CG and CR.
b. Conditional use criteria. Veterinary medical services will be allowed provided the following
conditions are met:
(1) Such uses shall be within a completely enclosed building which shall be adequately
soundproofed and constructed and utilized so that emission of odor or noise shall not
detrimentally impact property in the immediate vicinity.
(2) There shall be no storage or boarding of animals outside of the fully enclosed and
soundproofed building.
(3) Screening: All side and rear yards abutting residential districts or uses shall be screened in
accordance with the standards established in Section 54-3-14.16.
(4) No buildings or structures associated with these uses shall be located within thirty (30) feet
of any lot line abutting a residential use or district.
(5) No off-street parking shall be located within fifteen (15) feet of any lot line abutting a
residential use or district.
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Chapter H: District and General Regulations
Article VI: Conditional Use Criteria
44. Wholesale trades and services:
a. Applicable zoning districts. Wholesale trades and services shall be permitted as a conditional use
within the following zoning districts: CG, CR and CWR.
b. Conditional use criteria. Wholesale trades and services will be allowed provided the following
conditions are met:
(1) All operations shall be conducted entirely within an enclosed building and no portion of the
site may be used for outside storage.
(2) Outside storage may be approved by the planning and zoning commission if sufficient land
area is provided together with adequate screening and buffering to prevent any adverse
impacts on adjacent lands and residential areas.
(3) No building shall be located closer than fifty (50) feet to any property line abutting a
residential district.
(4) There shall be a minimum lot size of twenty thousand (20,000) square feet.
(5) Screening: All side and rear yards abutting residential districts or uses shall be screened in
accordance with the standards established in Section 54-344. l6.
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