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HomeMy WebLinkAbout548 Rezone - Post Office Site e)\-06 �-� 03--031 ORDINANCE NO. 548 AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, REZONING LANDS WITHIN SAID CITY, PURSUANT TO THE REQUEST OF THE OWNERS OF SUCH LAND AND IN ACCORDANCE WITH FLORIDA STATUTE 166 .041 ( 3) (c) 1. WHEREAS, R 4 CORPORATION is the owner in fee of the lands hereinafter described in Section 1, and WHEREAS, said R 4 CORPORATION, has applied for rezoning of J • J said parcel from City R-4 to OP, and WHEREAS, the Planning Commission has recommended appraval of the owners application for rezoning, and WHEREAS, the property to be rezoned does involve less, than five percent ( 5%) of the total land area of the City of Zephyrhills and the City is thereby empowered to rezone .same in accordance with Florida Statute 166 . 041 ( 3 ) (c) 1,: _ -• /' NOW, THEREFORE, BE IT ENACTED AND ORDAINED •by _ the City Council of the City of Zephyrhills, Florida, as SECTION 1. That the following described lands, lying _..and being situate in Pasco County, Florida, to-wit: 111 That part of the South ? of the Southwest of Section 2, Township 26 South, Range 21 East, Pasco County, - Florida; also being part of Tract "A" of the .Plat of TYSON SUBDIVISION, as recorded in Plat Book 4, Page 109, according : to the - Public Records of Pasco County, Florida; more particularly described as follows : Commencing at the Southeast corner of the Southwest 4 of Section • 2, Township 26 South, Range 21 East ; thence run South 88°49-'30" West, along the South boundary of said Section ,;2, 17-96.71 feet; thence run North 00°00 ' 00" East, 587 .00 ' ' feet to -_ the Point-of-Beginning, said point being on the Westerly - right=-of-way line of 8th Street; thence run South 88°49 ' 30" West, 298 .86 feet; thence run South 00°00.' 00" East, .366. 75 .feet; thence run South. 88°49 ' 49" West, 164 .81 feet to the Easterly right-of-way line of the proposed extension of 7th Street East; thence Northwesterly 111.95 feet continuing along said Easterly right-of-way line of the proposed extension of 7th Street and along the., arc of a curve to the left (said curve having a radius of 430 .00 feet; a delta of 14°55 ' 01" and chord bearing and distance of North 53°22 ' 05" West, 111 . 63 feet) ; thence run North 60°49 ' 35" West, continuing along said proposed Easterly right-of-way line, 61. 80 feet to the former Easterly right-of-way line of the Seaboard Airline Railroad; thence run North 26°26 ' 56" West, along said former Easterly right-of-way lineof the Seaboard Airline Railroad, 322. 91 feet; thence run :No"rth 88°49 ' 30" East, 751. 10 feet . to the Westerly right-of-way I:irie', of 8th Street; thence run South 00°00 ' 00" East, . 25. 00fe'et ;-along said Westerly right-of-way line 25. 00 feet to the Point-of-Beginning. be, and the same is hereby rezoned and henceforth, said properties zoning designation shall be OP. SECTION 2. This Ordinance shall become law upon being passed by the City Council of the City of Zephyrhills after three :::Record ,and Return':: City clerk''s Office, 5335 •8th Street 205 �_Zephyrfii 1 Tse, FL -33540,- O.R. 0 MEI_ 709 • (3 ) readings and execution by the presiding officer and the clerk • of that body in accordance with Florida Statute 166 . 041, Laws of Florida. The foregoing Ordinance No. -4b was read and passed on its first. reading in open and regular meeting by the City Council of the City .. of Zephyrhills, Florida on the A6w— day of .. -�' • • , .A.D. , 1991. 111 Vii..,,).-- • �;® gym` -- 7-._ _ - JO'i.� r,, GLI 7E : 1 ti " ' / President of City Co 1 cil AT„E S" a' /�. , 0' . `�� i. --_ • Tl-P /F a � _6.going Ordinance No. 5-1-4 was read and passed on its second reading in open and regular meeting b4 the City Co ncil of the City of Zephyrhills, Florida on the At day of z ..:..:,... , A.D. , 1991. ;;!,,f,C,' " ',,/ // r' U \ ,..t. f, iI �Li ./ JOH 7 . GEI ER .., President of City Cacil ATTES :C'.,' '" ( ,7-7,6)g..., zt\ -Clerk r . Thz-`ore'io�ing Ordinance No. 51/1" was read and passed on its third;-reading in open and regular meeting by the City Council _ _of the -:- ity- of . Zep'hyrbi.11s.; _ Florida on the A311.4.__ - day of ;,.�y.._._... , A.D. , 19 91. Oil J.: ., JOHr , GEIGER ePresident of City Co4111 it AT S l i� Zr �7/,� J ',6'. __ TI:‘" -Clerk— . The -foregoing Ordinance No. 5��j was approved by me this L day of , A.D. , 1991. - "Air . ,..._ O n ERT H. JOHNS , Mayor n :- ur i-,;,, . !, ,.- �,_ R1122239 Y5120350 09/25/91 02:53 PM 811- `�,',,,.,,;`!i .: 0 REFERENCE # 115031 r RECORDING/INDEXING 90 00 . RECORD VERIBED RECOR0S MODERNIZATION FEE 1.50 CD -'' s ° ' JED PITTMAN Court,Pasco County � 11'41 Clerk Circuit TOTAL. OM. %i it tr".P 1 LF c 1,..+ P 115031 CHAROED: 10:50 . . . CRAM 01—A ANT PAID: .00 . O.R. 2 0 5 0 PAGE 1 17 0 3 CHAPTER SIX LAND USE REGULATIONS (ZONING) PAGE NO. 6000. PURPOSE AND INTENT 6-1 6010-6020 . LAND USE AND ZONING DISTRICTS 6-1 6011 . Estate Residential (ER) 6-2 6012 . Low Density Residential (R-1) 6-2 6013. Single Family Residential (R-2) 6-2 6014. Medium Density Residential (R-3) 6-2 6015. Multi-Family Residential (R-4) 6-2 6016. Mobile Home Subdivision (M-1) 6-2 6017. Mobile Home Park (M-2) 6-3 6018. Recreational Vehicle Park (M-3) 6-3 6019 . Recreational Vehicle Park/Campground (M-4) 6-3 6020. Office/Professional (OP) 6-3 6021 . Neighborhood Professional (C-1) 6-3 6022 . Community Commercial (C-2) 6-3 6023. General Commercial (C-3) 6-4 6024. Light Industrial (LI) 6-4 6025. Airport (AP-1) 6-4 6026. Airport Related (AP-2) 6-4 6027. Recreation/Conservation (RC) 6-4 6028. Residential Density Standards 6-4 6029 . Official Zoning Map 6-5 6030. DISTRICT BOUNDARIES 6-5 6031. Permitted Uses 6-5 6032 . Conditional Uses 6-5 6033. Zoning of Annexed Property 6-6 6034. Lot Requirements 6-6 6035. Required Frontage of Lots and Required Orientation of Primary Buildings 6-6 6036. Division of Lots 6-7 6037. Building Setbacks 6-7 6038. Height - Maximum 6-7 6039 . Airport Approach and Clear Zone Plan 6-7 6040. BUILDING PERMITS REQUIRED 6-7 6041 . Certificates of Occupancy 6-8 6042 . Fees and Charges 6-8 6100. SITE DESIGN STANDARDS FOR SPECIFIC 6-8 6110. GENERAL DEVELOPMENT STANDARDS 6-8 6120. ESTATE RESIDENTIAL ZONING DISTRICT (ER) 6-9 6130. LOW DENSITY SINGLE FAMILY RESIDENTIAL ZONING DISTRICT (R-1) 6-11 PAGE NO. 6140. SINGLE FAMILY RESIDENTIAL ZONING DISTRICT (R-2) 6-12 6150. MEDIUM DENSITY RESIDENTIAL ZONING DISTRICT (R-3) 6-14 6160 . MULTI-FAMILY RESIDENTIAL ZONING DISTRICT (R-4) 6-16 6170. MOBILE HOME SUBDIVISION ZONING DISTRICT (M-1) 6-18 6180. MOBILE HOME PARK ZONING DISTRICT (M-2) 6-20 6190 . RECREATIONAL VEHICLE PARK ZONING DISTRICT (M-3) 6-23 6200. RECREATIONAL VEHICLE PARK/CAMPGROUND ZONING DISTRICT (M-4) 6-26 6210. OFFICE/PROFESSIONAL ZONING DISTRICT (OP) 6-30 6220. NEIGHBORHOOD COMMERCIAL ZONING DISTRICT (C-1) 6-33 6230. COMMUNITY COMMERCIAL ZONING DISTRICT (C-2) 6-35 6240. GENERAL COMMERCIAL ZONING DISTRICT (C-3) 6-39 6250. LIGHT INDUSTRIAL ZONING DISTRICT (LI) 6-42 6260. AIRPORT ZONING DISTRICT (AP-1) 6-47 6270. AIRPORT RELATED ZONING DISTRICT (AP-2) 6-47 6280. RECREATION/CONSERVATION ZONING DISTRICT (RC) 6-48 6300. PLANNED UNIT DEVELOPMENT 6-49 6310. PURPOSE 6-49 6320. PERFORMANCE STANDARDS 6-50 6330. MINIMUM AREA 6-50 6340. ADMINISTRATIVE REQUIREMENTS 6-50 6350. DEDICATION OF PUBLIC FACILITIES 6-58 6360. INSPECTION TO ASSURE CONFORMANCE 6-58 PAGE NO. 6370. SUNSET PROVISION 6-58 6400. SUPPLEMENTARY ZONING DISTRICT REGULATIONS 6-58 6401 . ACCESSORY BUILDINGS AND STRUCTURES 6-58 6402 . CONGREGATE CARE AND GROUP FACILITIES 6-59 6403. DRIVE IN BUSINESSES: OTHER THAN RESTAURANTS FINANCIAL INSTITUTIONS AND THEATRES 6-61 6404. FENCES 6-61 6405. GARAGE SALES 6-63 6406. HEIGHT REGULATIONS 6-65 6407. MINI-WAREHOUSES 6-65 6408. NONCONFORMING LOT OF RECORD 6-67 6409 . NONCONFORMING USES 6-67 6410. NUISANCE 6-70 6411 . NURSING HOMES 6-70 6412 . RECREATIONAL VEHICLES INCLUDING TRAVEL TRAILERS, MOTOR HOMES, CAMPING TRAILERS, AUTO CAMPERS, PARK TRAILERS 6-71 6413. RECREATIONAL VEHICLES - PARKING 6-72 6414. RECYCLING CENTERS 6-73 6415. TENTS (COMMERCIAL ONLY) 6-74 6416 . TEMPORARY BUILDINGS FOR CONSTRUCTION PURPOSES 6-74 6417. TELECOMMUNICATION ANTENNAS AND TOWER ACT 6-74 6500. CONDITIONAL USE 6-84 6501 . ALCOHOLIC BEVERAGE SALES 6-87 6502 . AUTO SERVICE STATIONS, REPAIR GARAGES AND CAR WASHES 6-88 PAGE NO. 6503 . CHURCHES 6-88 6504. DANCE STUDIOS 6-88 6505. DAY CARE FACILITIES 6-89 6506. DUPLEX OR MULTI-FAMILY DEVELOPMENTS IN OP DISTRICT 6-89 6507. FLEA MARKETS AND OUTDOOR AMUSEMENTS 6-89 6508. FUNERAL HOMES AND MORTUARIES 6-90 6509 . MINI-WAREHOUSING AND STORAGE UNITS 6-90 6510. PRIVATE CLUB IN C-1 DISTRICT 6-91 6511. VETERINARIAN/ANIMAL HOSPITAL IN A C-2 OR C-3 DISTRICT 6-92 6512. ADULT ENTERTAINMENT ESTABLISHMENT 6-92 6-60 which fall within this section include youth shelter, youth crisis, youth attention, spouse abuse, displaced youth and adult, mental health, substance and alcohol abuse, offender halfway, or facilities serving persons adjudged delinquent or criminal . C. Any group or congregate care facility required to be licensed by the Florida State Department of Health and Rehabilitative Services may be authorized by the City with respect to any approval of a Special Exception, Conditional Use, or building permit subject to obtaining such state license as may be required and to the continuing validation of the same. D. Group and congregate facilities shall meet all applicable building, fire, safety and health code requirements of the State of Florida, Pasco County, and the City of Zephyrhills. All permits or licensures issued by the City will be subject to. initial and continuing compliance with all applicable requirements. E. No group or congregate care facilities shall be located within a radius of one thousand five hundred feet of another congregate or group care facility, as measured from property line to property line at the closest point. F. A group home facility which treats less than seven persons shall be treated as a one-family dwelling for the purposes of determining lot area, lot width, building setback, building height, parking, sign, fence and other miscellaneous requirements of the respective zoning district in which such facility is located; however, the owner of the facility must operate and reside there on a full-time basis. In addition, no such facility shall be designed to house more individuals per, or within, one bedroom than permitted by the state licensing authority. G. Expansion of the capacity of a given group or congregate facility by more than ten percent from the originally approved capacity shall require reapplication and all attendant procedures. H. The building for a group or congregate living facility must provide a minimum of 1,200 square feet of living floor area for the first four residents and 120 additional square feet of living area for each additional resident. Twenty percent of the site must be landscaped and not covered with an impervious surface. I . The maximum number of residents at any group/congregate care facility is limited to three times the dwelling unit density per acre as established within this Code. The maximum resident capacity of a facility to be use for density calculations will be the maximum number approved by the Florida Department of Health and Rehabilitative Services or other regulatory agency. 6-61 J. Kitchen facilities, for purposes of this section defined as a cooking area (oven and/or stove burners) , shall not be permitted within bedrooms or a group or congregate living facility. Individual dwelling units may contain bar sinks, refrigerators and cooking facilities within an area specifically designed as a kitchen area. K. Site Plan Review Committee approval required. 6403. Drive-In Businesses: Other than Restaurants, Financial Institutions and Theatres A. Site Plan Review required. B. Specific approval of access plans by the Site Plan Review Committee. C. The operation of any drive-in business abutting a residential district shall be limited to the hours between 7:00 a.m. and 11 :00 p.m. D. A minimum of 20% of the lot shall be landscaped. 6404. Fences Fences and walls shall be subject to the following: A. General Provisions - All Districts 1 . These regulations apply to all fences and walls except those owned and erected by governmental agencies and utility companies. 2 . All persons desiring to construct any fence or wall must first obtain a permit from the Building Department. All applications shall include a plot plan showing the location of all streets, easements, property lines, and buildings. Permit fees shall be based on the value of construction with a minimum fee to be determined by the Building Official . 3. No fences, walls, or hedges shall be permitted within any City, County, or State rights-of-way. 4. The property owner, prior to construction of any fence or wall, shall assume the responsibility for determining by survey the correct boundaries of the property to be fenced and the existence of any easement or rights-of-way that exist. Failure to provide the Building Department with complete and accurate information when applying for a permit shall be sufficient cause for the Building Official to order the removal of any construction not in compliance with this Code. 5. The finished side of any fence or wall shall face the adjoining lot or right-of-way. 6-62 6. A clear sight triangle is required to maintain a minimum of 200 feet sight distance for motorists at all intersections of roadways or roadways and railroads. The minimum clear sight triangle area is formed by the center lines of intersecting roadways and a diagonal line connecting points on the center lines which are 90 feet from the intersection of center lines. The clear sight triangle must be free from obstructions such as walls, fences, plants, landscape materials or parked vehicles in excess of 30 inches above the abutting roadway. 7. All fences and walls must be constructed of new materials. Walls and fences shall not contain substances such as broken glass, spikes, exposed nails, or similar items designed to inflict injury or pain. Barbed wire is prohibited in all zoning districts except LI, C-3, C-2, AP-2 and ER. 8. Fences, shrubs, trees, or walls are not permitted within an easement granted to the City except by approval of City Council . Any structures erected or plants planted in violation f this section are subject to removal by the City, and in no case shall the City be liable for removal, restoration, or compensation costs. Any damage to a City owned utility caused by fence or wall installation shall be repaired by the City at the expense of the property owner, including any sodding that may be necessary. 9 . Each fence or wall erected pursuant to this section shall be of uniform construction andproperly maintained and in no case shall a fence or wall either be erected or maintained in such a manner as to degrade neighborhood amenities or reduce surrounding property values, or maintained in such a state of disrepair so as to pose a hazard to the company. 10. Any fence, wall, or hedge which becomes dilapidated or unsafe or is damaged in excess of 30% of its total shall be ordered removed by the Building Official. 11 . Any nonconforming fence damaged in excess of 30% shall be removed in its entirety, or if rebuilt such reconstruction shall place the entire fence in conformance with this Code. B. Residential Districts 1 . On residentially zoned property, fences, walls, and hedges may be erected, planted, or maintained to a height not exceeding six feet in the required side and rear yards, except that portion of the fence or wall within the required front yard setback shall not exceed four feet. 2 . For corner lots located in residentially zoned 6-63 districts, a six foot fence is permitted on the property line of the secondary front yard provided theclear sight triangle is maintained. C. Office/Professional District 1. In the office/professional district a six foot fence shall be permitted provided the clear sight triangle is maintained. D. Commercial/Industrial District 1. In commercial and industrial districts an eight foot fence shall be permitted provided the clear sight triangle is maintained. 2 . For security purposes, fences in commercial and industrial districts maybe topped with barbed wire of not more than three strands, provided the lowest strand is not less than 6.5 feet above grade. Such wire shall not overhang adjacent property. 6405. Garage Sales The following regulations shall include all general sales open to the public from or on residential premises or any residentially zoned site for the purpose of disposing of personal property, including, but not limited to: all sales entitled garage, lawn, attic, yard, porch, room, backyard, patio, or rummage sales. This section shall not include a situation where no more than five specific items are held out for sale and advertisement of such sale specifically names those items to be sold. For purposes of this section, personal property shall mean property which is owned, utilized and maintained by an individual or members of his or her household and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment. A. Exemptions From This Sections. The provisions of this section shall not apply to or affect the following: 1 . Persons selling good pursuant to an order or process of a court of competent jurisdiction. 2 . Persons acting in accordance with their powers and duties as public officials. 3. Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted under the protection of the nonconforming use section thereof, or any other sale conducted by 6-64 a manufacturer, dealer, or vendor which sale would be conducted from properly zoned premises and not otherwise prohibited in other ordinances. 4. Any bona fide charitable, educational, cultural, or governmental institution or organization, when the proceeds from the sale are used directly for charitable purposes of the institution or organization, and the goods or articles are not sold on a consignment basis. B. Permit Required. No garage sale shall be conducted unless and until the individuals designated to conduct such sale shall obtain a permit from the Building Department. Members of more than one residence may join in obtaining a permit for a garage sale to be conducted at the residence of one of them. This permit shall be posted to be visible from the street. C. Parking of Vehicles. All parking of vehicles shall be conducted in compliance with all applicable laws and ordinances. Further, the Police Department may enforce such temporary controls as required to alleviate any special hazards and/or congestion created by any garage sale. D. Posting of Signs.. Only the following specified signs may be displayed in relation to a pending garage sale: 1 . Two signs of not more than four square feet. shall be permitted to be displayed on the property of the residence where the garage sale is being conducted. 2 . Signs must be removed at the close of the garage sale activity. 3 . No sign will be affixed to utility poles, trees, or posts within the City rights-of-way or placed on public property. E. Duration of Sales. Garage sales lasting more than one day shall be held on consecutive days, and not sale shall exceed three days. F. Garage Sales Limited to Daylight Hours. All garage sales shall be limited to the daylight hours. G. Number of Sales Allowed Per Year. All garage sales shall be restricted to not more than three per address during any one calendar year. 6-65 6406. Height Regulations No building shall be erected, reconstructed or structurally altered to exceed the height established for the district in which such building is located, subject to the following: A. Mid-rise structures, defined for the purpose of this Code as buildings of three to five stories inclusive, may be permitted if all applicable conditional requirements of Resolution #147 are met. B. Mid-rise structures, when permitted, may be erected to a height not exceeding 75 feet if the building is set back from each setback line at lease one additional foot for each additional two feet of building height above 30 feet. C. Special industrial structures such as cooling towers, elevators bulkheads, fire towers, tanks, water towers, which require a greater height than provided in the district, may be erected to a greater height than permitted provided: a. the structure shall occupy more than 25% of the lot area; and b. all setback requirements of the district in which the structure is erected shall be increased by one foot for each foot of height above 30 ft. D. The height limitations of this Code shall not apply to flagpoles, church spires, chimneys, and antenna towers. E. Notwithstanding the foregoing provisions and the height limitations as set forth in each zoning district, in no case shall a structure exceed in height the limitations determined to protect the approach and clear air zones established for the Zephyrhills Municipal Airport, as currently adopted or subsequently amended. 6407. Mini-Warehouses Mini-warehouses shall be subject to the following regulations: A. Site Plan Required The applicant shall provide a site plan with information on property lines, street lines, curb cuts, landscaping, location of structures including signs, parking spaces, and travel lanes and location of walls and fences. B. Building Height 6-66 Height of buildings shall not exceed one story, maximum of fifteen feet. C. Signs Signs shall be limited to one per adjacent street frontage, and shall not exceed the maximum height of 25 feet, nor exceed 50 square feet in sign area. . No signs shall be placed on any required fence, nor on any roof. No sign shall be permitted on the building other than on building frontage walls. D. Lighting All lighting shall be shielded to direct light onto the uses established and away from adjacent property. E. Types of Storage Storage shall be as follows: 1 . No business activity other than rental of storage units shall be conducted on the premises and the units shall be used for dead storage only. 2 . All equipment and materials of any type shall be stored within a building. 3. Storage of explosive or highly flammable material shall be prohibited. . F. Fencing Required Fences shall be required for the protection of the lessees as well as to shield adjoining properties. Said fence shall be six feet in height, and shall be solid masonry, chainlink with salts or wood with a life of at least ten years. The finished side of fences shall face adjoining properties. Maintenance of said fence shall be the responsibility of the owner. G. Access Requirements Access shall be as follows: 1 . All one-way driveways shall provide for one parking lane twelve feet in width and one travel lane twelve feet in width; all two-land driveways shall provide for one parking lane twelve feet in width and two travel lands twelve feet in width. Traffic direction and parking areas shall be designated by signs or painted lines. Parking lanes may be eliminated from driveways not serving any storage stalls. 2 . Vehicular ingress/egress shall be a minimum of one hundred fifty feet apart, centerline to centerline. 6-67 3. A minimum of two parking spaces for., the manager and office personnel shall be located near the manager' s office. 6408. Nonconforming Lot of Record Where a lot which was a lot of record July 28, 1986, or at the time of change of zoning on the lot, has an area less than the required minimum area, or has a width or length less than the required minimum for the district in which it is located, such lot. may be used for any use permitted in the district in which it is located, subject to other applicable regulations, with modifications in required setbacks as approved by the Board of Adjustment. In no case shall the distance between structures on the lot in question and structures on adjacent properties be less than that requiredby the Fire Code for the type of construction represented. In any district in which a single family home is permitted, a single family unit may be erected, expanded, altered, or replaced on any individual single parcel or lot the legal orequitable of which has been legally conveyed prior to the effective date of this Code, notwithstanding limitations imposed by other provisions of this Code. 6409. Nonconforming Uses It is the intent of this section to recognize that the elimination of existing buildings and structures or uses that are not in conformance with the provisions of this Code in as much a subject of health, safety, and general welfare as is the prevention of establishment of new uses that would violate the provisions of this Code. It is also the intent of this Code to administer the elimination of nonconforming uses, buildings, and structures so as to avoid any, unreasonable invasion of established private property rights. Therefore, any structure or use of existing land at the time. of the enactment of this Code, and amendments thereof, but not in conformity with its use' regulations and provisions, may be continued: subject to the following provisions: A. Unsafe Structures Any structure or portion thereof declared unsafe by any authorized municipal authority may be restored to a safe condition, provided the requirements of this section are met. B. Change in Use A nonconforming use, or structure which is changed to a conforming use shall not be Permitted to revert to the original • or less restrictive use. .No, nonconforming use, structure, or building shall be changed to another type of nonconforming use. 6-68 C. Abandonment The nonconforming use of a building or land, except a residential building being used as a residence, which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned when one of the following has occurred: 1 . When a nonconforming use has been discontinued for a period of six months, notwithstanding the intent of the owner the six month period will be calculated from date of water disconnect to electric service disconnect, whichever is earlier, to date of required for a business license, building permit, or commercial check, whichever is earlier. 2 . When it has been replaced by a conforming use. 3. Any nonconforming use of a sign or billboard which is discontinued or not used for six months shall not be resumed; and if any nonconforming sign or billboard is removed, it shall not be reconstructed. D. Extension or Expansion A nonconforming use may be extended upon approval as a Special exception by the Board of Adjustment subject to the following: 1 . The extension becomes an attached part of the main structure and does not utilize additional or adjoining land area other than the original parcel; 2 . The extension does not encroach upon the lot requirements and the maximum building height requirements of the districts in which the nonconforming use is presently located; 3. The extension is for the purpose of expanding the nonconforming use in existence at the time of adoption of this Code; 4. Such extension does not result in an increase in total floor area, or lot use of more than 50% of the original floor area or lot area; 5. Adequate parking can be provided in conformance with this code to serve both the original and expanded use; 6. Such expansion does not present a threat to the health or safety of the community or its residents. E. Restoration A building which is damaged by fire, explosion, or other casualty loss to the extent of 51% of its value (exclusive of walls below grade) as of the date of damage and as determined by fair market 6-69 value of the building, and which does not comply with use or area requirements of this Code, shall not be restored except in conformity with the regulations for the use in which such building is located. 1. A lawful nonconforming building destroyed to the extend of less than 51% by fire, explosion, or other casualty loss or legally condemned, may be reconstructed and used for the same nonconforming use, provide: a. the reconstructed building shall not exceed in height, area or volume as the building destroyed or building condemned; b. building reconstruction shall be commenced within one year from date the building was destroyed or condemned and shall be carried on without interruption. F. Permitted Continuation A nonconforming use may continue, be bought and sold, altered, or restored, even though such use does not conform to the regulations established for the zoning district in which it is located. G. No New Use on Same Lot with a Nonconforming Use No new use, either nonresidential or residential, will be permitted on the same lot with a nonconforming use. H. Reparceled Lots When two or more adjoining and vacant lots with continuous frontage are in a single ownership at the time of application and such lots have frontage or lot area less than is required by the use district in which they are located, such lots shall be reparceled so as to create one or more lots which conform to the minimum frontage and area requirements of the use district. I . Unlawful Use Not Authorized Nothing in this Code shall be interpreted as authorization for or approval of the continuance of the illegal use of a structure or a premises in violation of City or State codes or ordinances at the time of the enactment of this Code. J. Construction Approved Prior to Legal Enactment of this Code Nothing herein contained shall require and change in plans, construction or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit, and the ground story framework of 6-70 which shall have been completed within six months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the date of the permit except where the Building Inspector in his discretion grants an extension due to hardship. Necessary changes during the construction period of the permit will be permitted; such changes need not conform to the newly adopted Land Development Code or amendments thereto, but must meet the regulations that were in force at the time of issuance of the building permit. K. Repairs and Alterations Normal maintenance of a site, building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use. No other structural alteration shall be made in a building or other structure except in the following situations: 1 . A nonconforming building may be altered if such alteration is intended and will result in the building or structure' s conversion to a conforming use. 2. Such alterations do not result in the expansion of the exterior dimension on the nonconforming building except in accordance with Section D, above. 3. Such work does not exceed 50% of the fair market value of the building or structure as determined by the Building Official or his designee. 6410. Nuisance Nothing shall be allowable on premises in any zone established which would in any way be offensive or obnoxious by reason of the emission of odors, liquids, gases, dust, smoke, vibration, or noise. Nor shall anything be placed, constructed, or maintained that would in any way constitute an eyesore or nuisance to adjacent property owners, residents, or the community at large. 6411. Nursing Homes A. The maximum number of persons for which beds orother overnight accommodations are provided shall not exceed two and one-half times the maximum number of dwelling units per gross acre permitted by the zoning district. B. The minimum lot area and minimum width shall not be less than one acre, one hundred fifty feet in width. C. The setback regulations shall be the same as required by the district where the nursing home is to be located; in 6-71 addition, where adjoining a R-3 district, no building shall be located closer than fifty feet to the R-3 district line. D. The maximum lot coverage by all buildings shall not exceed 40% of the lot area. E. Not less than 30% of the lot shall be landscaped and retained as usable open space for occupants, with adequate accommodations for wheelchair use. 6412. Recreational Vehicles Including Travel Trailers, Motor Homes, Camping Trailers, Auto Campers, Park Trailers The following regulations shall govern: A. No Permanent Structures Attached No owner of travel trailer site, travel trailer lot, campground or recreational vehicle park shall permit to be constructed on said site or sites any type of utility building, screen room, glass room, carport, or other type of other permanent structure other than a concrete slab. All accessory appurtenances must be erected in a manner which' facilitates disassembly and removal within twenty-four hours. B. Attachment of, Collapsible Structures No owner of a travel trailer, camping trailer, truck camper, motor home, or park trailer, shall construct or allow to be constructed on his travel trailer, camping trailer,. truck camper, motor home, or park trailer any structure other than a . collapsible nature which maybe folded compactly and drawn away with said travel trailer, camping trailer, truck camper, motor home, or park trailer. C. Smaller Mobile Home Classified as Park Trailers In mobile home or recreational vehicle parks existing at the time of adoption of this Code, permanent structures commonly attached to mobile homes are permitted to be attached to small mobile homes now classified as park trailers under the State of Florida' s size classification providing these units are permanently established and the the required separation between permanent structures, as required by the N.F.P.A. is met. D. No ownerofa mobile home or recreational vehicle park shall permit the number of occupants of any form of recreational vehicle to exceed two persons in less than 280 square feet of gross floor area; three persons in less than 400 square feet of gross floor area; four persons in less than 500 square feet of gross floor area, and in no situation can the number of occupants exceed five. 6-72 E. General Regulations for all Mobile Homes - Pursuant to N.F.P.A. • 1 . An awning or carport may be erected, constructed, or maintained on a mobile home lot only as. an accessory to a mobile home located on the same lot. An awning shall not be enclosed with rigid materials or walls or converted .for use as a habitable room. 2 . An 'awning or carport may be erected, on a lot line provided the awning or carport is constructed of material which does not support combustion and •is not less than three feet from a mobile home or mobile home accessory building or structure on -. an adjacent lot. • • 3. An awning or carport supported in •part by a mobile home shall not have a slab that exceeds twelve feet in width (projection) as measured from the wall of the mobile home to the outer edge .of the awning or ' carport slab. • . 4. ' Clearance for Mobile Homes to Other Structures a. In mobile home parks in at the time of adoption of this Code, 'mobile 'homes shall- not be located closer than ten feet from any other mobile home or permanent building within or adjacent to the mobile home park except that structures grandfathered in need not be moved. A mobile home accessory building or structure shall not be closer than three feet from any adjacent mobile home or structure except that structures grandfathered in need not be moved. b. In the development of new mobile home parks or new land additions to existing parks, or in any other mobile home situations other than as .described in a. above, the separation - between mobile homes and permanent structures on an adjacent . space or lot shall .be a minimum of fifteen feet. 6413: Recreational Vehicles - Parking • Any recreational vehicle, boat, boat trailer, or utility trailer . may be parked or stored in any residential zoning 'district, subject to the following conditions A. • Occupied in Excess of Three Days Prohibited • At no time shall parked or stored recreational. vehicles or • ' equipment be occupied or used for living, sleeping, or housekeeping purposed for a period- in excess, of three consecutive . days unless parked- in a licensed motor home or recreational vehicle park., . • B. Recreationel 'Vehicles Shall Not Be Parked Within Setback Area; No More than Two Such Vehicles Allowed On One Lot • 6-73 • Recreational vehicles may be parked within the buildable area of a lot provided the following .conditions are met: 1 . Recreational vehicles shall not be permitted within any required front, side, or rear yard.'setback. Where double frontage lots exist, the required setbacks shall be maintained on _ both streets. ' 2 . NO more than two such vehicles (including boats) shall be stored on any residential lot. C. Exceptions from this Section Automobiles, bicycles, and motorcycles are specifically excluded from this section. ' . • 6414. Recycling,Centers A. ., All recycling operations must comply with applicable federal and Florida statutes. B. All recycling operations .must be totally within an enclosed structure or shall have a fence at least eight feet high from ground level constructed of new materials which may be • concrete block, galvanized metal, aluminum' or. wood. Wood fencing shall, as a minimum, be constructed of wood one inch in thickness. Required fence, -shall have a minimum life of ten years, . with the finished side of said fence facing adjoining properties. Maintenance of said fence is the responsibility of the owner. All fencing shall be of solid type with only such openings as will permit ingress and egress for normal business purposes. • C. . All recycling centers shall be arranged and storage contained so as to permit access by firefighting equipment and to prevent the accumulation of water. • D. No burning. of any type' shall be permitted within a recycling center. E. Signs shall be limited to one per adjacent street frontage and .shall ..not exceed the maximum permitted height of • twenty-five feet. No signs shall be 'placed on any roof or required fence. , • • F. All recycling centers shall be 'maintained in such a • manner as to cause no public or. private nuisance, nor to cause - any offensive or noxious sounds, or odors, nor to cause the harboring of snakes, rates, flies, or other disease vectors. G. Minimum acreage of 10 acres is required. H. A Site Plan review is required. ` 6-74 6415. Tents (Commercial Only) This section applies to nonresidential types of tents; for purposes of this Code defined as tents used for public assembly or commercial. purposes, but not camping orsleeping, and which must meet minimum standards as set forth in the Standard Building Code and the N.F.P.A. A. Prohibited in Residential Districts unless approved by the Fire Chief and Building Official . Commercial tent use is expressly prohibited in residential areas without the express approval of the Board of Adjustment. The Board shall also determine the placement of, the structure, and 'length of time it will be permitted. B. Permitted in Commercial and Industrial Districts Commercial tents shall be permitted in commercial and industrial zoning districts on a temporary basis. Location and length of time shall be determined by the Building Official or his designee. Permits for temporary tents, other than those utilized as part of a remodeling effort, may be granted for a period not to exceed seven days, with one extension of seven days allowed upon reapplication to the Building Department. Tents utilized as part of a remodeling effort may be issued permits of up to thirty days. C. Tents Must Comply With Standard Building Code and N.F.P.A. All tents permitted under this sections shall meet the requirements of the Standard Building Code, and shall be approved by the Fire Chief for the City of Zephyrhills. 6416. Temporary Buildings for Construction Purposes Temporary buildings erected or placed in conjunction with construction is permitted provided: A. Certificates of Occupancy Shall Not Be Issued Until Temporary Buildings Removed Temporary buildings for construction purposes are permitted for a period not to exceed the duration of such construction. A certificate of occupancy shall not be issued until all temporary ' buildings are removed. 6417. Telecommunication Antennas and Towers Act This section establishes general guidelines for the siting of towers and antennas within the limits of the City of Zephyrhills and shall : . • 6-75 1 . Encourage the location of towers in areas which protect land uses 'from potential adverse impacts of towers, . antennas and associated facilities. • 2 . Minimize adviser visual impacts of towers, antennas, -and associated .facilities through careful design, .siting, landscape screening, and innovative camouflaging techniques. 3. Accommodate the growing need for towers, antennas ' and associated facilities. 4. Promote and encourage shared use/co-location of existing and new towers, antennas, and associated .facilities as a primary goal rather . than construction of additional single-use towers.. . 5. Avoid potential damage to adjacent properties from • a towers failure through engineering and careful siting of .such structures. • 6. Regulate the construction and installation of amateur and residential radio antennas and: towers. . 7. , Follow regulations consistent with the .City of Z.ephyrhills Comprehensive. Plan. • A. Definitions for this Section. Include: 1. Alternative Tower Structure shall mean man-made • trees, clock towers, bell steeples, light poles and similar alternative design-mounting structures that camouflage or conceal the presence of -antennas or towers. 2. Antenna shall mean any exterior apparatus or design for telephonic' radio or television communications through the sending and/or receiving 'of electromagnetic waives. • 3. FAA shall mean the Federal Aviation Administration. • 4. ' FCC shall mean the Federal Communication Commission. .. • • 5. Height shall mean, when referring. to a tower or other structure, the distance measured from ground level' to the highest- point 'on. the. tower or other, structure, even if said highest point is an antenna. - . • 6. Tower shall mean any structure that is designed and constructed primarily for the purpose of supporting, one 'or- more • antennas, including self-,Supporting. lattice towers, guide towers or monopole towers. - The term includes radio, and television transfer 'towers-, microwave towers, -common-carrier, towers, cellular phone towers, alternative towers , structures and 'the 6-76 like. B. General Regulation Antenna or Tower Facilities Applicability: 1 . All new towers in incorporated Zephyrhills shall be subject to these regulations. For the purpose of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the City of Zephyrhills irrespective of municipal and county jurisdictional boundaries. 2 . All towers and associated facilities existing on the effective date of this section shall be allowed to continue their usage as they presently exist but must comply with all applicable FAA and/or FCC rules and regulations. Routine maintenance shall be permitted on such existing towers. 3. Towers and antennas shall be regulated and permitted pursuant to this section only. 4. For purposes of implementing this section, a tower that has received City approval in the form of either a special exception or building permit, but has not yet been constructed, shall be considered an existing structure for purposes of setback and separation distance, so long as such approval is current and has not expired. 5. Towers and associated facilities shall be permitted use in LI, AP-2 and AP-i districts. Towers and associated facilities shall be a conditional use in C-3, C-2, C-i and RC districts. Applications to place towers in public rights-of-way shall be allowed subject to agreement with the City of Zephyrhills and compliance with this and other applicable ordinances. 6. Before construction of any towers or associated facilities, the contractor or owner must apply and obtain a permit pursuant to Section J. 7 . This section shall not apply to amateur and residential radio antennas and/or towers or earth station antennas controlled by Section 4420 and Section 4424 of the Land Development Code of the City of Zephyrhills. 8. All new construction of towers, antennas and/or associated facilities shall comply with current FCC and/or FAA regulations, whichever is applicable. C. Height, Setbacks and Separation Distances: Towers for personal wireless services' or other telecommunication purposes shall not exceed 200 feet in height from ground level (including antenna) or forty percent over the building height when placed on buildings. 6-77 D. Setbacks: • Setbacks for freestanding structures shall be measured from base of the tower to the 'property or lease line, whichever is • ' applicable. Except for structures in industrial districts, setbacks shall equal one-third of the total height of the tower , including antennas. Setbacks in an industrial district or LI _ shall be to that- of . a principle structure- in the same district. - All tower supports and peripheral anchors shall be. located entirely within the. boundaries of the development site and shall be set back from the development site perimeter a minimum distance of five feet. E. - Separation: Separation distance shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of this tower. There shall _be no existing tower within a two thousand (2,000) foot radius of the proposed structure regardless. of type. F. Waiver: ' .Waiver on new applications for towers, the City Council of the City of Zephyrhills may waive setbacks, separation distances, or height requirements, if technologically necessary, simultaneous with conditional use approval or as -a separate application if use is permitted. • G. Co-location of Communication Antennas: 1 . No new towers shall be permitted unless the applicant demonstrates to the City of Zephyrhills that no existing tower or structure can accommodate the applicant' s - proposed antenna, evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant' s proposed antenna may consist of any of the following: • a. No existing towers or structures are located within the geographic area required to meet applicant' s engineering requirements. - b. lExisting towers or structures are not of • sufficient height to meet applicant' s engineering requirements. • c. Existing towers or structures are not sufficient structural .strength to support applicant' s proposed • antenna and related equipment. • • d. ' 'The applicant' s proposed antenna would cause electromagnetic interference with the antenna on existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed 6-78 • • antenna. e. The fees-, costs, or contractual .provisions required by the :owner in Order to share an existing tower, or structure or - to adapt an existing tower or structure for sharing are unreasonable. f., The applicant demonstrates that there are Other limiting factors that render existing towers and/or structures suitable. • 2 . All towers are over seventy-five feet- in- height - shall be designed for colocation. • - 3. A tower which is modified or reconstructed to accommodate the co-location of additional communication antennas shall be. of the same or less obtrusive structural type as -the existing tower. 4. Proposed communication structures may, and are encouraged to co-locate on electrical substation sites as a - permitted use. A single communication antenna array co-located with an existing or replacement. electric structure that carriers electrical lines of 69 kV or greater, that does not add more than forty feet to . the height or is less than 100 feet' in height shall ,be permitted. in any of the following zoning, districts for the purpose of co-location: LI, AP-1, AP-2, RC, C-1, . 0-2-, C-3 and OP. • H. Miscellaneous:- .• 1. Illumination: Towers shall not ,be -artificially lighted except to assure human .safety or .as- required by the FAA and/or FCC, - whichever is - applicable. • 2 . Finished color: • • - • Towers not requiring FAA painting/marking ,shall have .either a galvanized finish or shall be painted a non-glare finish. , 3. Structural design; -Towers shall be constructed to the EIT-TIA 222-E- standards, as , published by the Electronic Industries Association, which may be :amended from time to time, and all -applicable City _of Zephyrhills Construction/Building Codes. Towers shall requ-ire submission of tower structural drawings. sealed- and verified 'by a professional engineer which demonstrate compliance with the EIT-TIA 222-E standards in effect at the time -Of said tower construction. Said drawings shall be submitted and reviewed for approval at the time -- of building permit application. Utility poles and electric . transmission towers shall be considered existing towers or .buildings upon which antennas and/or towers are permitted to be 6-79 • located without conditional use application approval . 4. Fencing: Except for previously enclosed site where the tower/structure is located, a chain link fence or wall not less than eight (8) feet in height from finished grade shall be provided around each tower, including support structures and/or facilities. Access to the structure shall be though a locked gate. 5. Landscaping: The visual impacts of a tower and associated facilities shall be mitigated for nearby viewers through requirement of landscaping and other screening materials at the base of the tower and ancillary structures pursuant to Section 4300 of the Land Development Code of the City of Zephyrhills. Such standards may be waived, however, by the City Council of the City of Zephyrhills at the time of conditional use approval, if applicable or if a permitted use by applicant. Landscaping shall be installed on the outside of required fencing. Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as a supplement towards meeting landscaping requirements. 6. Signs and Advertising: The use of any portion of a tower for signage or advertising purposes including, without limitation, company name, however, or streamer is prohibited. 7. Osprey Nesting: New towers are encouraged, but not required, to incorporate a design that provides an integral nesting platform to direct the most likely site for osprey nesting to a location on the tower which will reducethe risk of interference with tower equipment and maintenance. 8. Development Criteria: Towers or freestanding antennas shall comply with the minimum development criteria of the district in which they are located. 9 . Abandonment: In the event the use of any tower shall be discontinued for a period of one hundred eighty consecutive days, the structure shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the building official who shall have the right to request documentation and/or affidavits from the structure owner/operator regarding the issue. of usage. Upon such abandonment, the owner/operator of the structure shall have an additional one hundred eighty days within which to: 6-80 a. reactivate the use of the tower or transfer the structure to another owner/operator °who makes actual use of the structure, or b. dismantle and removed the structure. At the earlier, on one:hundred eight-one days from the date of abandonment without reactivation or uponcompletion of dismantling and removal, any conditional use and/or variance approvalfor the tower shall automatically expire. 10. Antennas: Any communication antenna which is not attached to a tower and, which exceeds fifteen feet over the building height shall be approved as a conditional use ancillary to any commercial, industrial, professional, institutional, or multi-family structure provided: a. the communication antenna does not exceed more than forty percent over thebuilding height. . " b. the communication antenna complies with all applicable FAA and FCC -regulations c. the communication antenna complies with all applicable building codes. Antennas measuring less than fifteen feet over the buildingheight shall not require a conditional use. I . Variances and Replacement Structures: 1 . Variances Any request to deviate from any requirements of this section not previously waived, by the City Council of the City of Zephyrhills' shall required variance approval from the Board of .Adjustment. ' Variance requests shall not be subject to variance criteria as set forth in the City of Zephyrhills Land Development Code. In order to qualify for a variance, notice provisions set forth in the Land Development code will be followed. Applicant must, however, clearly demonstrate one of the following. a. The requirements of this section ,mandate. a> location of the tower, antenna or associated facilities such that reception, is severely restricted or impaired.; b. . The requirements of the section may be satisfied in another manner as demonstrated through written technical justification including pertinent support data. 2 . Replacement Structures • 6-81 Upon approval by the building official, an existing tower may be replaced for purposes of accommodating co-location or otherwise without additional conditional use, rezoning, or variance action provided that: - A. :An existing tower may be modified, rebuilt, or replaced to a taller height, not to exceed twenty feet over the structure' s existing height, to accommodate the co-location of additional communication antennas. Such additional height shall not require an additional setback or distance separation. Otherwise, the height of a- tower' may be increased to the maximum • height allowed under subsection 5, herein ,if required setbacks can be met. • b. ,The replacement" facility is located within the same parcel or leased area as to the. existing facility and' is located so as to maximize' compliance with existing setbacks. c. The existing facility is removed within ninety • days .of the completion of the replacement tower and the relocation of the antenna. d. . If the location "of the replacement facility is such that the existing facility must be removed before the replacement facility is constructed, any temporary portable antenna support 'facilities used. must be removed within thirty days of the completion of the replacement tower and the relocation of the antenna. • J. Application for Permits: A permit, issued .by -theCity of Zephyrhills shall be required before the construction, rebuild, replacement or. structural modification of a tower. Each application for a permit to construct or replace a tower or antenna shall submit, . concurrent with,:conditional use applications, ' if applicable, .the. following: 1 . Written documentation from the FAA stating that the tower, as proposed, .meets or will meet all applicable federal requirements. Certification of Compliance with current FCC Non-Ionizing Electromagnetic Radiation (NIER) shall -be submitted prior to receive .final 'inspection by the City Council of the City • of Zephyrhills. . 2. A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses: and zoning (including when adjacent to other municipalities) , adjacent roadways, proposed means of access, setbacks from the property lines or. leased area, elevation drawings of the proposed tower and any other proposed --associated structures and facilities. 3. If the proposed tower is within separation distance from another existing tower, then the distance, location, and 6-82 other towers shall be shown on an updated tax map. • 4. The application must include a statement in the application of its intent to allow the co-location of antennas of other entities and the maximum number that the tower can accommodate. 5. Written documentation as the feasibility of the use of alternative tower structure, in lieu of conventional tower structure. K. Nonconforming uses: Bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to meet the separation or setback requirements specified in this section. The type, height, and location of the structure, however, shall be the same type, height, and similar dimensions, and intensity as the original structure. Building permits to rebuild the structure or antenna shall comply with the current Building Code and shall be obtained within one hundred eighty days from the date the structure or antenna is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned. L. Review Criteria: Certain criteria shall be considered in determining the need for a conditional use for new tower. A new tower shall not be approved unless it can be demonstrated by the applicant that there is a technological need for the new tower which cannot be met by placing an antenna on an existing tower or on other structures, or by replacement or modification of an existing tower. Information concerning the following factors shall be considered in determining that such need exists: 1 . Insufficient structural capacity of existing towers or other suitable structures, and infeasibility of reinforcing or replacing an existing tower. 2 . Unavailability of suitable locations to accommodate system design or engineering on existing towers or other structures. 3 . Radio frequency interference or other signal interference problems at existing towers or other structures. 4. The cost of using an existing tower or other structure exceeds the costs of permitting and constructing a new tower. 5. Other factors which demonstrate the technological need for the new tower. 6-83 M. General regulation amateur and residential radio antennas or towers: This shall apply to amateur and residential radio antennas or towers. This shall not apply to earth station antennas which are regulated pursuant to Section 4420-4424 of the Land Development Code of the City of Zephyrhills. 1 . Towers shall be considered an accessory structures and must meet all required setbacks and/or location limitations set forth in this Code. Antennas and/or towers shall be located only in side or rear yard areas on any residential lot less than 20,000 square feet in size. Restrictions regarding the height and number of antennas shall be only as set forth in the Code. However, certain types of towers requiring guys or guy wires shall be allowed to project into and onto the setback areas. Towers, when attached to the primary building of the lot, shall be deemed in compliance with setbacks when so fixed. 2 . Temporary antennas must be securely anchored. Use of such temporary antennas shall be limited to a thirty day period during any one calendar year. 3. All parts of the antenna and/or tower shall have vertical and horizontal clearance from any electrical lines in accordance with the National Electrical Safety Code. 4. Construction, installation, repair, or maintenance of antennas and/or towers shall not require a building permit; however, such activity shall be performed in accordance with all manufacturer' s specifications. 5. Antennas and/or towers shall not be mirror-like and shall contain no advertising or signage of any type except for owner identification, manufacturer, sales, repair logos, or signage required by state and/or federal regulations. 6 . All antennas and/or towers shall be subject to appropriate FCC and/or FAA requirements. 7. This section shall not apply to earth station antennas as defined and regulated by Section 4420-4424 of the Land Development Code of the City of Zephyrhills. N. Repealer: Any ordinance, code provision, or resolution in conflict with the language herein are hereby repealed in their entirety. 0. Severability: It is declared to the the intent of the City Council of the City of Zephyrhills that if any section, subsection, sentence, clause, or provision of this section shall be declared invalid, the • • 6-84 • remainder of this section shall be construed as, not having contained said section, subsection; sentence, clause, or provision, and shall not be affected by• such holding. P. Appeal : . • • Any person adversely affected by this section may seek judicial relief in the Sixth Judicial Circuit, in and for Pasco County, • Dade City, Florida, or the Federal District Courtin and for the Middle District of .Florida,. Tampa, Florida. 6500: CONDITIONAL USE A conditional use is a use not permitted as a matter ofright. . The approval of the City Council must be' obtained prior to the commencement of any conditional use, and. further, such conditional use.'may only be located in zoning districts 'in which conditional uses are .'identified as possible uses of property. • ' . A. Written Form . • ,The approval of the City Council shall 'be in a written, forme ' issued to an applicant after the completion of a review process . as set forth below.— B. Review Procedure Applications for a ,conditional use shall be submitted to the Director of Development. The Planning Commission and the City • Council shall hold separate public hearings on such an • application within sixty days after all information and facts comprising the application have been submitted. Due public notice, as defined :in Florida Statutes 163. 170, shall be given prior to said hearings. .The Planning Commission shall hold its hearing .and transmit. an advisory recommendation of approval or ' denial to the City Council. 'An application fee shall be established. by . the City. Council . C. Standards of Approval of Conditional Uses The City Council may, at its discretion, grant approval of a conditional use application if the evidence presented at the • public hearings establishes compliance with the following standards: • 1 . The proposed conditional 'use will not adversely affect or contribute to' the deterioration of quality of life, or ' property values in the immediate neighborhood; . 2. ' The proposed _conditional use is consistent with the character of and existing land use patterns in the surrounding area :3.- The proposed conditional use will not create or • • • 6-85 • excessively increase traffic or parking congestion or otherwise affect public safety; 4. The site upon which the proposed conditional use is to be located has suitable drainage, access, ingress, and egress, off street parking -and loading areas; • 5. The site upon which the conditional use is to be located has or may have screening or buffering to prevent interference with the enjoyment of surrounding areas; 6. The proposed site meets the applicable requirements ' of the zoning district in-which itis located; 7. Any existing' or proposed .signs or lighting will not adversely affect surrounding areas or vehicular traffic; ` 8. The proposed conditional use will not interfere with or adversely affect the health, safety, or welfare of the surrounding 'community' area. • D. Condition's • The City Council may impose conditions upon the applicant where , deemed necessary to protect' the health, safety, or general . welfare of the public or where deemed necessary: to ' assure • compliance with the standards set forth in subsection C. above. . Such conditions and 'stipulations' shall become part of the written approval and must be conformed' to or followed by the 'applicant or any successor in interest. • E. Authority Granted Under and Expansion of 'Conditional Uses , • Conditional use permits shall be subject to 'the following: 1. The holder Of a conditional use permit shall be '. authorized to utilize the site or location of said use only in the manner specified in the written .approval• and conditions . specified therein. Any substantial expansion, alteration, or change in the conditional use authorized by the written approval must be reviewed by the City Council in the same manner in which the original conditional use was reviewed. The Building Official or his designee. shall determine whether a substantial alteration or change of an -authorized conditional use exists and may • initiate review of the same by. the City Council. , ' 2. For purpose of this section, an expansion, alteration, or change of a conditional use shall be deemed to exist where a substantial modification of any of the standards provided for in subsection 3 above,. results from activity associated with the conditional ' use or where: a substantial change of• circumstances or conditions arises. ' • • 6-86 • • F. Authority to Revoke or Reconsider a Conditional Use Permit • The City Council for the City of Zephyrhills hereby reserves to . itself the jurisdiction and authority to review and revoke conditional use 'per-mits. ,• • • - 1 . Request for Review Any person who is substantially and adversely affected by a conditional use which has been authorized by the City council may petition the Council for a review. of said conditional use at a public hearing where such use; or the continuation of such use:. . a. violates the conditions set forth by the City Council as a- requirement for the granting of such use; or, b. is injurious- to the health, safety, or welfare - of the community or of the public; or, c: tends to attract vagrants, loiterers; or • habitually intoxicated persons; '.or, d. has a history of repeated incidents of - violence. • 2. The affected person shall 'present a petition ' bearing the signature of at least ten property owners of the immediate affected area-in which the conditional use 'is located • as a prerequisite. to. review of the conditional use permit. Said petition shall be filed with the Building ,Department and "presented to the' City Council . The 'petitioner shall • submit a fee • of $50.00 to defray the costs of processing and reviewing the petition. If the petitioner presents information- sufficient to cause City Council to revoke a conditional use permit, or to impose additional condition(s) , the $50.00 fee will be refunded. 3. No petition shall be reviewed ,by City Council -where a previous review has already- occurred in accordance with the procedures of this 'section, unless the petitioner demonstrates that a •material change, in ,circumstances has' occurred since the • - . last review. Petitions which do not allege facts which demonstrate ' a material change in 'circumstances may be summarily dismissed by the Building Official prior to the public hearing . 4'. Upon presentation of a petition filed in Accordance • ,with the provisions of paragraph 2 above, ' the ,City council shall schedule a public hearing on the petition for the purposes of reviewing the conditional .,use permit. Notice of the time' and place of 'the hearing, and of the allegations contained in the petition, shall be given in writing to the party to whom the conditional use permit was ' issued. In addition, notice shall be given to adjoining' property owners in the ,same manner as was required prior to. the original grant of the conditional use. All 6-87 notice required by, this section shall be given in the same manner, form and within the -time limits as; is normally utilized in consideration of an original grant of a conditional use. permit. 5.. At the public hearing, the City Council shall hear the allegations, and upon a finding that the evidence establishes the existence of one or more criteria set forth in Section F'. 1 (a-d) shall : a. Revoke the conditional"use permit; b. Permit the continuance of the conditional use with additional conditions or stipulations. 6. If the allegations are not established, the City Council shall permit the continuation of the conditional use. G. Uses Terminated for Two or More Years Must Comply if Reestablished - Conditional Use Approval Voided After One Year if Construction or Occupancy Not Established • Any conditional use listed in this Code, that is seeking to be reestablished after having beenwithout an active. license for two or more years shall be required to conform to theregulations as. stated herein prior to the issuance of an occupational license. Further, any conditional use approved as required in this section shall be void after one year if construction has not begun on the site or occupancy has not" otherwise been established on the site. H , City Council - Authority. to Consider Appeals From This Section - Authority to Approve or Deny Conditional. Use In any case where strict application of the regulations in this section present an undue hardship,. .City Council may waive, in whole or in part, one or more of the conditions imposed under the following sections. I. List of Conditional Uses and Requirements In. addition to other requirements of this Code, all uses. listed as conditional for a specific zoning district shall be subject to thespecialrequirements for that use as provided in this section. The following is an alphabetical listing which presents special requirements for conditional uses: . 6501. Alcoholic Beverage Sales A. Alcoholic beverage sales are controlled by all- appropriate City, State, and Federal regulations. -B. No sale of alcoholic beverages may occur within 300 feet of any school, church, or other religious institution as measured from the vendor' s principal structure to the nearest principal 6-88 structure or outdoor active use area (excluding parking) of the school, church, or other religious institution. C. No sale of alcoholic beverages may occur within 500 feet of an adult entertainment establishment as defined in Section 6513 herein. 6502. Auto Service Stations, Repair Garages and Car Washes A. No structure, principal or accessory, may be located closer than 30 feet to a residential district. B. No street entrance or exit for vehicles of such service station shall be located:. 1 . within 200 feet of a street entrance or exit of any school, park, or playground; 2 . within 100 feet of any hospital, church, or library entrance; 3. within 75 feet of a residential lot. C. Site Plan approval required. 6503. Churches This use includes temples and similar religious institutions. A. A minimum contiguous land area of 20,000 square feet shall be required. Lots may be separated by public R.O.W. B. A minimum lot width of 120 feet shall be required. C. The maximum lot coverage by all impervious surfaces shall not exceed 500 of the lot area. D. No principal structure or outdoor active use area (excluding parking) shall be located within 300 feet of a prior existing, business licensed to sell alcoholic beverages. E. Any accessory residential use or private school upon the premises shall provide additional lot area. Accessory uses include convents, rectories, or church halls. F. Site Plan approval required. 6504. Dance Studios A. No alcoholic beverages of any type may be served. B. Shall not be located within 300 feet of any residential district unless such building is so constructed as to prevent discernible sound or vibration at any property line of dance 6-89 studio or dance hall . 6505. Day Care Facilities A. All day care facilities must be permitted by the Florida Department of Health and Rehabilitative Services. B. In the ER, R-1, or R-2 zoning districts, the location of day care facilities shall be limited to, and established only upon the same premises with: a school, church, temple, or similar facility. C. In any district the minimum open play space shall be no less than that required by the Florida Department of Health and Rehabilitative Services Regulations in effect at the time of the application. Said play area shall be completely enclosed by a fence six feet in height. D. The ratio per child of usable floor space excluding kitchen, storage, and toilet facilities shall conform to Florida Department of Health and Rehabilitative Services Regulations at the time of application. E. A fence or wall six feet in height shall be constructed along any rear or side property line adjoining any residential district. F. No building shall cover more than 50% of the lot area. G. Site Plan approval required. 6506. Duplex or Multi-Family Developments in OP District A. Buffers may be required. B. Adequate site amenities to assure a residential environment. C. Site Plan approval required. 6507. Flea Markets and Outdoor Amusements A. No buildings used for open sales or amusement purposes shall be located nearer than 150 feet from any residential district. B. All vehicles, trailers, structures, mobile homes, vehicles, tents, mechanical devices or animal enclosures associated with such use shall be set back not less than fifty feet from any property line. C. The minimum lot frontage shall be 300 feet. D. Sounds emanating from the use shall not adversely affect 6-90 surrounding residential property. E. Residential accommodations shall be limited to temporary quarters. F. Sufficient lighting is required to illuminate the use and parking areas. G. Outdoor sales are permitted. 6508. Funeral Homes and Mortuaries A. All such uses shall be located on and have access to an arterial or collector road. B. 20% of subject parcel shall be landscaped. C. Site Plan approval required. 6509. Mini-Warehousing and Storage Units A. Mini-warehouses are defined as a building or group of buildings in a controlled access and/or fenced compound that contain individual, compartmentalized or controlled access stalls or lockers for the dead storage of goods or wares belonging to individual lessees of the stalls and accessible to the lessees at all times through individual doors. B. Dead storage is defined as the storage of goods, wares, and physical objects only with no sales, conferences, repairs or other activity other than placement, removal and sorting of goods. One office space for a manager shall be permitted. C. The applicant shall provide a site plan with information on property lines, street lines, curb cuts, landscaping, location of structures including signs, parking spaces and travel lanes, and location of walls or fences. D. Lot coverage shall not exceed 50%. E. Height of buildings shall not exceed one story with a maximum of fifteen feet. F. Signs shall be limited to one per adjacent street frontage, and shall not exceed the maximum height of 25 feet, or exceed 50 square feet in area. No sign shall be permitted on the building other than on building frontage walls. G. All lights shall be shielded to direct light onto the uses established and away from adjacent property or streets. H. All equipment and materials of any type shall be stored within a building. 6-91 I . Use or storage of explosive or highly flammable material shall be prohibited. J. Fencing shall be required to shield adjoining properties, as well as the protection of the lessees. Said fence shall be of new material and a minimum if eight feet in height. Fencing which shall adjoin residential districts, or residential uses, shall be a solid masonry, chainlink with slats or wood with a life of at least ten years. The finished side of fences shall face adjoining properties. Maintenance of said fence shall be the responsibility of the owner. K. Access and parking shall be as follows: 1 . All one-way drives shall provide for one parking lane twelve feet in width and one travel lane twelve feet in width; All two-way driveways shall provide for one parking lane twelve feet in width and two travel lanes each twelve feet in width. Traffic direction and parking areas shall be designated by signs or painted lines. Parking lanes may .be eliminated from driveways not serving any storage areas. 2 . Vehicular ingress-egress shall be limited to 150 feet apart, centerline to centerline. 3. A minimum of two parking spaces for the manager and office personnel shall be located near the manager' s office. 6510. Private Club in a C-1 District Fraternal lodges, social and recreational clubs permitted as conditions uses in a C-1 district must: A. Have a contiguous land area of at least 20, 000 square feet. Lots may be separated by public R.O.W. ; B. Have a minimum lot width of 150 feet; C. Be a one story construction; D. Have 50 feet minimum building setback from all property lines; E. Have a minimum ten feet wide buffer area consisting of either walls, landscaping or fences. Landscaping shall be a minimum of six feet in height and 75% opaque within one year; F. Have a site and development plan review by the Site Plan Review Committee. ,On-site consumption of alcoholic beverages by members and guests shall be permitted in a fraternal, social, or recreational club or lodge which is approved as a conditional use; provided such use is located more than 300 feet from a school, church, or place 6-92 of worship as measured from the structure in which alcoholic beverages are being served to the nearest principal structure or outdoor active use area (excluding parking) of the school, church, or place of worship. 6511. Veterinarian/Animal Hospital in a C-2 or C-3 District A. All activities shall be conducted wholly within a completely enclosed building except for fenced kennel areas. B. No such use shall be located within a radius of 500 feet of an existing residential use or a residential zone. 6512. Adult Entertainment Establishment A. No such use shall be located within 1, 000 feet of a pre-existing adult entertainment establishment; 500 feet of a pre-existing religious institution; 500 feet of a pre-existing educational institution; 500 feet of an area zoned within the City for residential use; 500 feet of a pre-existing park; or 500 feet of a pre-existing commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption. B. An area zoned for residential use, shall be measured by drawing a straight line between the closest property lines of the proposed or existing adult entertainment establishment and the pre-existing adult entertainment establishment, pre-existing religious institution, pre-existing educational institution, area zoned for residential use, pre-existing park, or pre-existing commercial establishment that sells or dispenses alcohol for on-premises consumption.