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Crystal River Land Development Code

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APPENDIX A - LAND DEVELOPMENT CODE[1] Footnotes: --- (1) --- Editor's note— Ord. No. 05-0-08, §§ 1, 2, adopted May 17, 2005, repealed App. A, except for §§ 6.50—6.60, in its entirety and supplied provisions for a new App. A to read as set out herein. Former App. A pertained to similar subject matter. For a complete history of former App. A see the Code Comparative Table. The numbering system of the land development code has been maintained, capitalization has been standardized and words in brackets [ ] have been added by the editor for clarity.

Cross reference— Community redevelopment agency, § 2-61 et seq.; code enforcement board, § 2-121 et seq.; boats and marinas, Ch. 5; buildings, Ch. 6; mobile homes, § 6-91; swimming pools, § 6-116; coastal construction code, § 6-140 et seq.; flood damage prevention, § 6-150 et seq.; addressing, § 6-160 et seq.; equal opportunity housing, § 7.5-11 et seq.; adult entertainment establishments, § 11-21 et seq.; parks and recreation, Ch. 12.2; planning and development, Ch. 12.5; comprehensive plan, § 12.5-10 et seq.; streets and sidewalks, Ch. 14.

CHAPTER 1. - GENERAL PROVISIONS 1.00.00. - Generally. 1.00.01. - Purpose and intent. A. This land development code is adopted for the purpose of implementing, in part the comprehensive

plan. Further, this land development code is intended to:

1. Establish comprehensive regulations, procedures, and standards for review and approval of the development of land in Crystal River based on the comprehensive plan;

2. Foster and preserve public health, safety, comfort, welfare, and aid in the harmonious, orderly, aesthetically pleasing, and socially beneficial development of the city in accordance with the comprehensive plan;

3. Conserve the value of land, buildings, and resources, and protect landowners from adverse impacts of adjoining developments;

4. Protect the character and maintain the stability of residential, business, industrial, recreation, and public areas and enhance property values, stabilize older neighborhoods and business centers, and increase the economic benefits to the city arising out of its cultural resources;

5. Control and regulate growth of the city;

6. Provide specific procedures to ensure that development permits are conditioned on the availability of public facilities and services that meet level of service requirements (concurrency);

7. Balance the interest of the general public with that of individual property owners; and

8. Protect and, where necessary, preserve our valuable natural resources including but not limited to: ecologically significant land, water resources, wildlife habitats, and threatened or endangered species.

B. To accomplish the intents listed above, the city council shall divide the entire city into districts of such number, shape, and size that are best suited to carry out the intent of this LDC, and within such districts may determine, establish and regulate:

1. Height, number of stories, size, bulk, location, erection, construction, repair, reconstruction, alteration, and use of buildings and other structures, for trade, industry, residence, and other purposes;

2. Use of land and water for trade, profession, residence, and other purposes;

3. Size of yards and other open spaces;

4. Density of population;

5. Conditions under which various classes of nonconformities may continue, including authority to set fair and reasonable amortization schedules for the elimination of nonconforming uses;


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6. Type, size, and use of structures in those areas subject to seasonal or periodic flooding so that danger to life and property in such areas will be minimized;

7. Development within the designated community redevelopment area; and

8. Design, development, and construction of specific types of uses throughout the city.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

1.01.00. - Title. This code shall be known as and entitled the "Crystal River Land Development Code" and may be

referred to herein as the "LDC".

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

1.02.00. - Authority. This LDC is enacted pursuant to the requirements and authority of F.S. Ch. 163, Part II, and F.S. Ch.

125.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

1.03.00. - Applicability. 1.03.01. - Generally. A. The use of any parcel of land, or any structure, or any combination thereof, within the corporate limits

of the city shall be in conformance with the requirements of the LDC.

B. All development, which includes redevelopment, shall conform to the standards, criteria, requirements, and procedures of this LDC.

C. A change of use shall conform to the standards, criteria, requirements, and procedures of this LDC.

D. Where a development permit that was lawfully issued prior to the effective date of this LDC expires, any further development on the site subject to the development permit shall conform to the standards, criteria, requirements, and procedures of this LDC.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

1.03.02. - Exceptions. Previously approved projects that are identified as exempt from the provisions of this LDC are

exempt only to the extent of the previous approval and are exempt from the provisions of this LDC only to the extent that such provisions and requirements are inconsistent with prior, unexpired approval. The following general conditions or circumstances are exempt from the provisions and requirements of the LDC:

A. Projects for which a development permit has been lawfully issued, provided:

1. The development permit has not expired prior to the effective date of the LDC or amendment of the LDC;

2. The development activity authorized by the development permit commenced on or before the effective date of this LDC and continues in good faith according to the applicable time limits; and

3. The development activity authorized by the development permit is in accordance with all applicable development permits.

B. Work required for public facilities and services within the public right-of-way, as further described below:


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1. Work required for the installation of facilities for the distribution or transmission of gas, water, sewer, or telecommunications services;

2. Work required for the purpose of inspecting, repairing, or replacing any existing water or sewer lines, mains, or pipes; and

3. Work required for the purpose of inspecting, repairing, or replacing cables, power lines, utility poles, utility tunnels, or the like.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

1.04.00. - City manager. The city manager is the chief administrative official of Crystal River. For the purposes of this LDC,

and unless specifically stated otherwise, the city manager is assigned to administer, interpret, and implement the standards, criteria, and procedures of this LDC. The city manager may delegate such responsibilities in writing to city staff. Throughout this LDC, the term "city manager" is used to indicate the responsibility for specified actions, except where specified actions are reserved or specifically delegated to the building official. In all instances, "city manager" means the "city manager or designee."

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

1.05.00. - Interpretations. 1.05.01. - Generally. A. Specific provisions of this LDC shall be followed in lieu of general provisions that may be in conflict

with the specific provision.

B. In the interpretation and application of this LDC all standards, provisions, and requirements shall be liberally construed in favor of the objectives and purposes of the city and shall not be construed to limit nor repeal any other powers granted under state statutes.

C. Where provisions of this LDC conflict with other regulations, the more stringent restrictions shall be applied.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

1.05.02. - Responsibility for interpretation. A. In the event that any question arises concerning the application of regulations, standards, definitions,

development criteria, or any other provision of this LDC, the city manager shall be responsible for interpretation. In the interpretation of this LDC, the city manager shall seek guidance from the comprehensive plan.

B. Responsibility for interpretation by the city manager shall be limited to standards, regulations, and requirements of this LDC, and shall not be construed to include interpretation of any technical codes adopted by reference in this LDC. Interpretation shall not be construed to override the responsibilities given to any commission, board, or official named in other sections or chapters of this LDC.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

1.05.03. - Rules for interpretation of boundaries. Interpretations regarding boundaries of zoning districts shall be made in accordance with the

following:

A. Boundaries shown as following or approximately following any street shall be construed as following the centerline of the street.


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B. Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such line.

C. Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines shall be construed as following such lines.

D. Boundaries shown as following or approximately following the shoreline of a water body shall be construed as following such shoreline.

E. Boundaries shown as following or approximately following the centerline of the Crystal River Recreation Trail shall be construed as following the centerline of the Trail.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

1.05.04. - Rules for construction. The following rules of construction shall be applied in the interpretation of the provisions of this LDC:

A. The word "shall" is mandatory and the word "may" is discretionary;

B. Words used in the present tense shall include other tenses;

C. Words in the singular shall include the plural, and words in the plural shall include the singular;

D. Words denoting the masculine gender shall be construed to include the feminine and neuter;

E. The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual;

F. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land;

G. The word "and" indicates that all the connected items, conditions, provisions, or events shall apply;

H. The word "or" indicates that the connected items, conditions, provisions, or events may apply singularly or in any combination; and

I. The words "either…or" indicate that the connected items, conditions, provisions, or events shall apply singularly, but not in combination.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

1.05.05. - Computation of time. A. Whenever a notice is required to be given, an act to be done, or a certain length of time before any

proceeding shall be provided, the day on which such notice is given, or such act is done, shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.

B. The term "day" means a calendar day.

C. The term "month" means a calendar month.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

1.06.00. - Documents adopted by reference. The following documents are hereby adopted by reference and shall apply as if fully set forth herein:

A. The "Public Works Manual" adopted by Ordinance No. 83-0-9.

B. Construction and technical codes listed in chapter 6 of the Crystal River Code of Ordinances.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)


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1.07.00. - Acronyms and definitions. A. List of acronyms.

ACOE — Army Corps of Engineers CRA — Community Redevelopment Agency DBH — diameter at breast height EPA — Environmental Protection Agency ERP — Environmental Resource Permit FAA — Federal Aviation Administration FAC — Florida Administrative Code FCC — Federal Communications Commission FDEP — Florida Department of Environmental Protection FDOT — Florida Department of Transportation FIRM — Flood Insurance Rate Map FLUM — Future Land Use Map FS — Florida Statutes LDC — Land Development Code OFW — Outstanding Florida Water PUD — Planned Unit Development SARA — Superfund Amendments and Reauthorization Act SWFWMD — Southwest Florida Water Management District

B. List of defined terms. Words and phrases shall be construed according to the common and approved usage of the language. Words with specific meaning in this LDC are defined below.

Abuts: To physically touch or border upon, or to share a common property line.

Accessory structure or use: A use of land or structure or portion thereof customarily incidental and subordinate to the principal use of the land or structure and located on the same parcel with the principal use.

Alteration: Alter or alteration shall mean any change in size, shape, occupancy, character, or use of a building or structure.

Awning (Also canopy or marquee) : A non-load bearing roof-like structure, which may be fabric, metal, or other material, attached to a building and placed over a window, doorway, or walkway, and intended to provide shade or protection from the elements, or as a decorative embellishment.

Boat slip : A component of a dock or docking facility which can permanently accommodate the docking or mooring of one (1) boat or vessel. A boat slip may consist of mooring posts or any system of attaching a boat to a dock, boathouse or boat cover. Boat davits and boat lifts shall not constitute "boat slips," nor shall accommodations for the temporary docking of the vessels of guests and visitors.

Breakaway wall : A wall that is not part of the structural support of the building, and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

Building: A building is any structure, either temporary or permanent, having a roof impervious to weather, and used or built for the shelter or enclosure of persons, animals, or property of any kind.

Building addition: Any walled or roofed expansion to the perimeter of a building in which the addition is connected by a common load bearing wall other than a firewall.

Building frontage: The area of the street side of the building, housing the business, excluding roof and parapet areas, including glass areas.

Building, height of: Height of building is the vertical distance above natural (pre-construction) grade to the highest point of a roof. Where minimum flood elevations in flood-prone areas have been established by law, which exceed the minimum point of measurement established by this section, the building height shall be measured from such required minimum flood elevations. The following attachments or appurtenances shall not be included in the measurement of building height: chimneys,


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elevator shafts, antennas, decorative architectural features, steeples, air conditioning equipment enclosures, cupolas, weather vanes, and other similar minor building features.

City: The City of Crystal River.

City council: Whenever the words "city council" are used, they shall be construed to mean the city council of the City of Crystal River.

Commercial center: A commercial retail establishment with twenty-five thousand (25,000) square feet or more of gross leasable area in a single building; forty thousand (40,000) square feet or more of gross leasable area in two (2) buildings; or fifty thousand (50,000) square feet or more in three (3) or more buildings.

Convenience store: A small retail store which offers a limited quantity and variety of items including, but not limited to food, beverages, tobacco products, household and sundry products and also offers for sale gasoline and diesel fuel.

County: Citrus County.

Crematorium: An establishment for the burning of human remains.

Detention: The delay of stormwater runoff prior to discharge into receiving waters.

Development or development activity: All activities as defined by F.S. Ch. 380.04 as amended and specifically including the following:

(a) The construction, installation, alteration, demolition, or removal of a structure, impervious surface, or stormwater management system;

(b) Clearing, scraping, grubbing, or otherwise removing, destroying or damaging the vegetation of a site;

(c) Adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging or otherwise significantly disturbing the soil, mud, sand or rock of a site;

(d) The modification or redevelopment of a site.

Diameter at breast height (DBH): The tree trunk diameter as measured at fifty-four (54) inches above the original grade.

Discharge rate: Volume of fluid per unit of time flowing along a pipe or channel from a project, site, aquifer, stormwater management facility, basin, discharge, or outfall point.

Dock : A fixed or floating structure consisting of any combination of pilings, structural supports, decking, and all appurtenances, including mooring pilings, extending from the shore over water, used or intended to be used for the purpose of securing and providing access to buoyant vessels.

Drainage: The means of moving or removing surface waters from a project, specific land area, or roadway.

Drainage detention area: A stormwater management facility which provides for the designed attenuation of peak volumes of runoff and subsequent gradual controlled discharge of stormwater after prescribed treatment to a downstream retention facility or watershed. Commonly referred to as a DDA.

Drainage retention area: A stormwater management facility which provides for storage of a specified volume of stormwater without discharge from the retention structure. Required volume is recovered through percolation, evaporation, or evapo-transpiration. Commonly referred to as a DRA.

Drip line: The circumferential vertical plane defined by the farthest points of foliage extending from the trunk of a tree.

Dwelling unit: A dwelling unit is a room or rooms connected together, constituting a separate, independent housekeeping establishment containing sleeping, kitchen and sanitary facilities.

Single-family: One (1) dwelling in one (1) building.


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Multiple-family: Two (2) or more dwellings in one (1) building.

Engineer: A person registered and currently certified to practice professional engineering in the State of Florida.

Flood: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, or the unusual and rapid accumulation of runoff of surface waters from any source.

Area of special flood hazard: The land in the floodplain subject to a one (1) percent or greater chance of flooding in any given year.

Base flood: The flood having a one (1) percent chance of being equaled or exceeded in any given year.

Floodway: The channel of a river or watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

Floor area: The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings, excluding public corridors, common restrooms, attic areas with a headroom of less than seven (7) feet, unenclosed stair or fire escapes, elevator structures, cooling towers, areas devoted to air-conditioning, ventilating or heating or other building machinery and equipment, parking structures.

Floor area ratio: The total floor area on a lot, divided by the total area of the lot.

Footprint : The area within the perimeter of the exterior walls of a building.

Front building line: The line of the building which faces the front lot line, extended at the ends of the building, parallel to the front lot line, to the side lot line.

Impervious surface: A surface which has been compacted or covered with a layer of material so that it is resistant to infiltration by water. The term includes streets, roofs, sidewalks, parking lots, swimming pools, water, or areas covered by asphalt, brick, concrete, or other similar materials.

Impervious surface ratio: The proportion of a development that is covered by an impervious surface. It is determined by dividing the total area of impervious surface(s) by the total site area.

Level of service: An indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility.

Lot: A single area or parcel of land established by plat or by metes and bounds.

Corner lot : Any lot situated at the intersection of two (2) streets and abutting such streets on two (2) adjacent sides.

Double-frontage lot : Any lot with street frontage on two (2) opposing sides or on three (3) sides.

Interior lot: Any lot with only one (1) street frontage.

Lot line: The property boundary abutting a right-of-way line or any line defining the exact location of a lot.

Lot of record: A lot whose existence, location, and dimensions have been legally recorded or registered in a deed or on a plat, prior to the effective date of this LDC.

Lot width: The horizontal distance measured along a straight line connecting the points at which a line demarcating the minimum front yard intersects with interior lot lines or other street lot lines.

Mall (also called "shopping mall"): Any concentration of retail stores, commercial centers, or service establishments that share customer parking areas and are located within an enclosure having public walkways whereby a customer may walk from one store or establishment to another store or establishment without leaving the enclosure.


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Marina: A commercial facility which provides secured moorings or dry storage for vessels on a leased basis.

Mean high water: The average height of the high water over a nineteen-year period. For shorter periods of observation, it means the average height of water after corrections are applied to eliminate known variations and to reduce the result to the equivalent of a mean nineteen-year value. The mean high water line along the shores of land immediately bordering on navigable waters is recognized and declared to be the boundary between the foreshore owned by the state in its sovereign capacity and upland subject to private ownership.

Mean high water line: The intersection of the tidal plane of mean high water with the shore.

Mooring facilities: Any device that is fixed in the waters, submerged lands or unsubmerged lands directly adjacent to upland property located within the municipal boundaries of the City of Crystal River, which a vessel can be made fast, including buoys, chains, ropes, piles, spans or dolphins, and is considered an accessory structure.

Nonconforming development: A use or structure which was lawfully established under the laws and rules of the city at the time of establishment of the use or structure, but which does not conform to the requirements of this LDC.

Open space: Land which is unimproved and meets one or more of the following purposes: (1) conserves and enhances natural or scenic resources; (2) protects streams or water supply; (3) promotes conservation of soils, wetlands, beaches, or tidal marshes; (4) enhances the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations, or sanctuaries; or (5) enhances recreation opportunities.

Outstanding Florida Water (OFW): A waterway classified by the DEP, found worthy of special protection because of its natural attributes. Such OFWs are authorized pursuant to F.S. Ch. 403.061(27) and formally designated pursuant to Chapter 17-302.700(9) F.A.C. The Crystal River including King's Bay is a designated OFW.

Permit: Written permission issued by the city to an applicant for the construction, repair, replacement, or improvement of land or a structure.

Principal use or structure: The primary activity or the structure in which the primary activity occurs.

Resort housing units: Dwelling units, other than hotels and motels, made available to persons for temporary occupancy. "Made available for temporary occupancy" means rented or occupied for time periods of less than three (3) consecutive months in duration. Where resort housing units are a permitted use, there is no limit to the frequency of change or length of stay of occupants or tenants, except that rentals of less than a one-week period are not permitted. Where resort housing units are not a permitted use, dwelling units may not be made available for rental or occupancy for periods of less than three (3) consecutive months, provided that such restriction shall not apply to temporary, non-paying guests of lawful occupants. The following shall be prima facie evidence that a dwelling unit is being used as a resort housing unit:

A. Advertising a unit as being available for rental for periods of less than three (3) consecutive months; or

B. Recording or filing land use covenants, condominium declarations, cooperative documents, public offering statements, or other legal documents which sanction, authorize or approve rental or occupancy of a unit for periods of less than four (4) consecutive weeks; or

C. Creation of timeshare estates or periods of less than three (3) consecutive months.

Retention: The prevention of, or to prevent the discharge of stormwater runoff into surface waters by total on-site storage. The capacity to store the stormwater must be provided so that stored water is decreased only by percolation through soil, evaporation, or evapo-transpiration.

Roadside vending: Is defined as an individual, corporation, company or business that sells or offers for sale goods of any kind not prohibited below, as an accessory use pursuant to 2.03.03 of the Land Development Code, which takes place from a temporary structure, vehicle or trailer that is self-contained


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and capable of immediate and complete movement and removal. Allowed uses include outdoor seasonal sales (seasonal farm produce, Christmas trees, and fireworks and other seasonal vendors as approved by the city manager). Roadside vending shall not include retail sales of bulk household goods, such as furniture, animals, pets, rugs, carpets, artwork, paintings, or similar items. Such types of outdoor sales may be permitted only if they are associated with a special event permit issued by the City of Crystal River.

Setback: A minimum required yard adjacent to a property line, in which no structure may protrude or be erected or placed, unless specifically permitted in this LDC.

Shore line: (Same as Mean high-water line.)

Sign: A letter, word, numeral, design, symbol, trademark, illuminating device, or associations thereof intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever whether painted, printed, or constructed, and which is displayed out of doors, or is visible from the exterior of real property.

Banner sign: A sign having characters, letters, illustrations or ornamentation applied to cloth, paper or fabric, of any kind, including foil.

Billboard: See off-site sign.

Construction sign: A sign, individually or jointly erected and maintained on the premises while undergoing construction by an architect, contractor, developer, finance organization, subcontractor or materials vendor upon which property such individual is furnishing labor, services and/or material.

Directional sign: A sign providing direction or instruction and located entirely on the property to which it pertains and does not advertise a business, such signs including but not limited to, directions to restrooms; public telephones; walkways; parking lot entrances; entrance or exit signs).

Flag: Any fabric or other flexible material attached to or designed to be flown from a flagpole or similar device.

Incidental sign: A small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, e.g., a credit card sign or a sign indicating hours of business, not intended to be read from public right-of-way.

Memorial sign: A sign erected as a remembrance of a person, event, building, or dates of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials and attached to the surface of a building or monument.

Monument sign: A freestanding sign supported primarily by internal structural framework or solid structural features other than support poles, columns, or posts.

Off-site sign: (This term also includes signs commonly known as billboards.) A permanent sign which directs attention to a product or service, including entertainment or candidacy, which product or service is not available for sale or performance on the site where the sign is located.

Political sign: A sign concerning candidacy for public office or urging action on any ballot issue in a forthcoming public election, or pertaining to or advocating political views or policies.

Portable sign: A sign which is not permanently secured or fastened on a site, and which is easily transportable.

Real estate sign : A sign erected by the owner or his agent, advertising real property upon which the sign is located, for rent, for lease or for sale.

Snipe sign: A temporary sign attached to a structure not designed as a sign support, such as a fence, utility pole, building, etc.

Temporary sign: A sign designed and intended for short-term display.

Wall sign: A single-face sign mounted, attached to, affixed to, or painted on the exterior wall or window of a building or structure in a plane parallel to that of the supporting wall.


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Warning sign: A sign which calls attention to conditions on, or adjacent to, a highway or street that is potentially hazardous, or notifies persons of conditions affecting or limiting access to individual properties, such as "No Soliciting," "No Trespassing," or "Beware of Dog."

Start of construction: The date that a building permit is issued, provided that the actual start of construction, repair, reconstruction, or improvement occurred within one hundred eighty (180) days following the permit date. The actual start of construction means the first placement of permanent construction of a building or manufactured home on a site, such as, but not limited to, the pouring of slabs or footings, installation of piles, construction of columns, placement of a manufactured home on a foundation, or any work beyond the state of excavation. The start of construction does not include land preparation, such as clearing, grading, or filling; the installation of streets or walkways; excavation for a basement, footings, piers, foundations, or temporary forms; or the installation of accessory buildings.

Stormwater (also stormwater runoff): The flow of water which results from, and which occurs immediately following, a rainfall event.

Street: A public or approved private thoroughfare which affords the principal means of access to abutting property. Street includes lanes, ways, places, drives, boulevards, roads, avenues, or other means of ingress or egress, regardless of the descriptive term used.

Alley: An alley is a public or approved private way which affords only a secondary means of access to property abutting thereon.

Structure: Anything constructed or erected which requires location on the ground or attachment to something having a fixed location on the ground. The word "structure" includes the word "building" as well as other things constructed or erected on the ground, attached to something having location on the ground, or requiring construction or erection on the ground.

State: The State of Florida.

Substantial improvement: Any repair, reconstruction, rehabilitation, or improvement of a structure, the cost of which equals or exceeds, over a five-year period, a cumulative total of fifty (50) percent of the market value of the structure. Market value is determined before improvement, repair, or reconstruction is started. Substantial improvement occurs when the first alteration of any structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include any project to comply with state or local health, sanitary, or safety code specifications which are necessary solely to assure safe living conditions. The term does not include alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places.

Telecommunication tower: Facility, including all equipment, structures, or supporting elements necessary to produce non-ionizing electromagnetic radiation within the range of frequencies from 100 KHz to 300 GHz and operating as a discrete unit to produce a signal or message. Facilities may be self-supporting, guyed, or mounted on poles, other structures, light posts, power poles, or buildings.

Use: The term "use" shall mean the purpose for which land and water or a structure thereon is designated, arranged, or intended to be occupied or utilized or for which it is occupied or maintained.

Use, change of: The replacement of one use of land, water, or structure with a different use.

Wetlands: Areas which are identified by being inundated or saturated by surface or groundwater with a frequency or duration sufficient to support, and that under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include: swamps, marshes, bogs and similar areas. All such areas defined as jurisdictional by the Army Corp of Engineers, SWFWMD or DEP.

Yard: An open space that is unoccupied and unobstructed and that lies between a principal or accessory building or buildings and the nearest lot line.

Front yard: The yard extending across the entire width of the lot between the front lot line and front building line. The lot line of a lot abutting a public street shall be deemed the front lot line. The front yard of a corner lot shall be that yard abutting the street with the least frontage, unless


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otherwise determined on a recorded plat or in a recorded deed. The front yard of a lot existing between two (2) streets not intersecting at a corner of the lot, shall be that yard abutting the street on which adjoining properties face, unless otherwise determined on a recorded plat or in a recorded deed.

Rear yard : The yard extending across the entire width of the lot between the rear lot line and the rear building line.

Side yard: The yard extending from the front building line to the rear building line between the side lot line and the side building line.

Waterfront yard : The yard extending between lot lines and along a waterway, including open water, bays, bayous, lakes over five (5) acres in area, manmade canals, and similar navigable waters.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 10-0-07, § 1, 4-12-2010; Ord. No. 12-0-04, §

3A., 10-8-2012)


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1A-yards


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1B-lot types

CHAPTER 2. - ZONING DISTRICTS AND PERMITTED USES 2.00.00. - Generally. 2.00.01. - Purpose.

It is the intent and purpose of this chapter to establish and adopt zoning districts to govern the use of land, water, and structures in Crystal River.


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(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

2.00.02. - Official zoning map. Zoning districts for the City of Crystal River are hereby established and declared to be in effect upon

all land and water areas included within the boundaries of each district as shown on the "Official Zoning Map of Crystal River, Florida." This zoning map is on file in city hall.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

2.01.00. - Establishment and purpose of zoning districts. The zoning districts described in sections 2.01.01 through 2.01.13 are hereby established. Table

2.01.00 shows the relationship between zoning districts and the land use categories on the Future Land Use Map (FLUM).

Table 2.01.00. Relationship Between Zoning Districts and Future Land Use Map Categories.

Zoning Districts

FLUM Land Use Categories R-C R-W R-1 R-2 R-3 NBR CW CG CH IND PI CON PUD MXD

Low Density Residential X X X

Medium Density Residential X X X X X X

High Density Residential X X X X

Coastal Low Density Residential X X

Office/service Commercial X X

Waterfront Commercial X X

Central Business District X

Mixed Use X

Highway Commercial X X X

Industrial X

Public/Semi-public X

Conservation X X

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 2a, 1-9-2012; Ord. No. 14-0-02, § 3,

4-14-2014)

2.01.01. - Residential Conservation (R-C). A. The R-C district is established for single-family residential uses, associated accessory structures, and

essential public services.

B. The R-C district shall be used to implement only the following land use categories as depicted on the FLUM:

1. Conservation; and

2. Coastal low density residential.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 2c, 1-9-2012)


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2.01.02. - Residential Waterfront (R-W). A. The R-W district is established for single-family residential uses, associated accessory structures, and


B. The R-W district shall be used to implement only the following land use categories as depicted on the FLUM:

1. Low density residential; and

2. Medium density residential.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 2c, 1-9-2012)

2.01.03. - Low Density Residential (R-1). A. The R-l district is established for single-family residential uses, associated accessory structures, and


B. The R-1 district shall be used to implement only the following FLUM land use categories:

1. Low density.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 2c, 1-9-2012)

2.01.04. - Medium Density Residential (R-2). A. The R-2 district is established for single-family residential uses, multiple-family residential uses,

associated accessory structures, and essential public services.


1. Medium density residential; and

2. High density residential.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 2c, 1-9-2012)

2.01.05. - High Density Residential (R-3). A. The R-3 district is established for all types of residential use, except for resort housing units, associated

accessory structures, and essential public services.



(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 2c, 1-9-2012)

2.01.06. - Neighborhood Business Residential (NBR). A. The NBR district is established for a mix of residential uses, except for resort housing units, and

compatible small-scale business, commercial, and institutional uses in transitioning neighborhoods. The uses in the district include associated accessory structures and essential public services.

B. The NBR district shall be used to implement only the following FLUM land use categories:

1. Medium density residential;

2. High density residential; and

3. Office/service commercial.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 2c, 1-9-2012)


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2.01.07. - Waterfront Commercial (CW). A. The CW district is established for water-related business and commercial uses, resort housing units,


B. The CW district shall be used to implement only the following FLUM land use categories:

1. Waterfront commercial.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 2c, 1-9-2012)

2.01.08. - General Commercial (CG). A. The CG district is established for business, commercial, and institutional uses, associated accessory

structures, and essential public services.

B. The CG district shall be used to implement only the following FLUM land use categories:

1. Central business district; and

2. Office/service commercial.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 2c, 1-9-2012)

2.01.09. - High Intensity Commercial (CH). A. The CH district is established for large-scale business, commercial, light assembly and institutional

uses, associated accessory structures, and essential public services.

B. The CH district shall be used to implement only the following FLUM land use categories:

1. Highway commercial.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 2b, c, 1-9-2012)

2.01.10. - Industrial (IND). A. The IND district is established for assembling, processing, warehousing, and shipping uses,


B. The IND district shall be used to implement only the following FLUM land use category:

1. Industrial.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 2c, 1-9-2012)

2.01.11. - Public Institutional (PI). A. The PI district is established for government uses, community facilities, fraternal and social

organizations, associated accessory structures, educational and public recreational uses and essential public services.

B. The PI district shall be used to implement only the following FLUM land use categories:

1. Public/semi-public.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 2c, 1-9-2012)

2.01.12. - Conservation (CON). A. The CON district is established for the protection and/or preservation of natural resources, recreation,

limited residential uses, associated accessory structures, and essential public services.

B. The CON district shall be used to implement only the following FLUM land use categories:


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1. Conservation; and

2. Coastal low density residential.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 2c, 1-9-2012)

2.01.13. - Planned Unit Development (PUD). A. The PUD district is established for creative and responsible development projects that may include

compatible residential use and related public facilities that shall be unified by a master development plan, as further described in section 4.04.00.

B. The PUD district shall be used to implement only the following FLUM land use categories:

1. Low density residential;

2. Medium density residential; and


4. Commercial.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 14-0-02, § 3, 4-14-2014)

2.01.14. - Mixed Use Development District (MXD). A. The MXD district is established to provide a location for residential, commercial, office, professional,

civic, governmental, educational, and cultural uses to serve the adjacent neighborhoods and the city consistent with the scale of adjacent neighborhoods.

B. The MXD district shall be used to implement the following areas shown on the future land use map:

1. The Community Redevelopment Area, and the Waterfronts Florida Area which is located wholly within the Community Redevelopment Area, and

2. Highway commercial.

(Ord. No. 11-0-17, § 2d, 1-9-2012)

2.02.00. - Establishment and purpose of overlay districts. 2.02.01. - Generally.

The purpose of overlay districts is to provide a means of modifying the site design requirements applicable to the underlying zoning district(s). The site design standards and other development criteria applicable within an overlay district shall supersede the standards and criteria applicable within the underlying zoning district, but shall not supersede any applicable supplemental standards.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

2.02.02. - Community Redevelopment Area (CRA) Overlay. A. The CRA Overlay is established to promote new investment and revitalization throughout the

traditional downtown, waterfront, and surrounding neighborhoods, providing a mixture of residential and commercial options that blend seamlessly with their surroundings, and are equally amenable to both pedestrians and automobiles.

B. Development in the CRA shall promote mixed-use, inter-connected, and public accessibility spaces that prioritize the protection of local waterways and ensures that these resources will continue to provide truly unique recreational opportunities and an authentic working waterfront for both locals and visitors.


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C. The boundaries of the CRA Overlay are described in the City of Crystal River Community Redevelopment Agency (CRA) Plan and shown on the official zoning map.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

2.03.00. - Land uses permitted in each zoning district. 2.03.01. - How to read the table of uses. A. Within the following table the letter "P" indicates that the land use is permissible, subject to compliance

with the standards of the zoning district.

B. The letter "S" indicates that the land use is permissible, subject to compliance with the standards of the zoning district, and the supplemental standards specified for the use. Supplemental standards are contained in section 5.05.00.

C. An empty cell indicates the land use is prohibited.

D. Any land use that is not identified in Table 2.03.02 is prohibited unless it is found to be substantially similar by the city manager.

1. A requested use shall be considered substantially similar when the characteristics of the requested use are equivalent in type, intensity, degree, or impact when compared to a use named in Table 2.03.02. Characteristics to be considered include characteristics such as, but not limited to, the following:

a. Typical hours of operation;

b. Use of outdoor storage;

c. Trip generation rates;

d. Generation of noise, light pollution, odor, smoke, electromagnetic interference, or vibration; and

e. Customary functions of the use.

2. The administrative interpretation shall be subject to appeal, as set forth in chapter 9.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

2.03.02. - Table of permitted uses.

Table 2.03.02. Permitted Uses.

Zoning Districts

P = Permitted S = Supplemental

R-C R-W R-1 R-2 R-3 NBR CW CG CH IND CON PI PUD MXD

RESIDENTIAL

Single-family dwelling units P P P P P P

See Section 4.04.00

See Section 4.06.01

and 4.06.03

Multiple-family dwelling units 2 + units (duplexes, apartments,

condominiums, rowhouses, and the like)

P P P


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OFFICES & SERVICES

Bed and breakfast inns S S S P P P

See Section 4.04.00

See Section 4.06.01

and 4.06.03

Car wash establishments S

Caterer P P P

Day care center (adult or child) S S S P P P P

Dispatching or communications office (excludes the

warehousing or actual distribution of goods)

P P

Financial institutions (banks, loans companies, and stock brokerage offices) (without

drive-thru windows)

P P P

Funeral homes, mortuaries, and undertaking establishments

S P

Gymnasiums/spas/health clubs P P P

Hotels or motels P P P

Light Assembly P

Medical offices or clinics P P

Personal service business (barber, beauty or nail salon,

tailors, travel agencies, laundries/dry cleaner pick-up,

photography studio, florist)

P P P P

Professional services (accounting, blueprint,

computer, insurance, printing, real estate, secretarial)

P P P P

Repair shops of small consumer goods such as cameras, bicycles,

furniture, or TVs P P P

Resort housing units S

Self storage facilities P P

Trade, construction, and machinery service

establishments P P

Veterinary offices (no outside kennels)

P P


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RETAIL & RESTAURANTS

Bars, taverns, lounges, nightclubs, and dance halls

P P

See Section 4.04.00

See Section 4.06.01

and 4.06.03

Building supply and lumber, farm and garden supply

P P

Commercial centers S S S S

Drive-thru establishments (such as, but not limited to, banks; drug stores; and restaurants)

P

Drug stores, health and personal care (without drive-thru

windows) P P P

Fishery, commercial and retail fish houses

P

Food stores, specialty (bakery, deli)

P P P P

Gasoline sales and service, combination gasoline sale and

foodmarts or restaurants S

Grocery stores, supermarkets P

Marina, commercial S

Permanent roadside produce stands (must meet design

requirements) P

Restaurants (without drive-thru windows)

P P P

Retail department stores and malls

P

Retail shops (such as, but not limited to, gift; antique; art

shops; and video/DVD rental) P P P

Vehicle (new or used automobiles, buses, farm

equipment, motorcycles, trucks, recreational vehicles, and

mobile homes) sales, rental, service, and repair (including parts and accessories stores, truck stops, body shops, road services, car wash facilities)

S S

Watercraft and watercraft accessory sales and/or rentals

P P P


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RECREATION, EDUCATION, SAFETY, PUBLIC ASSEMBLY,

INFRASTRUCTURE

Clubs, community centers, lodges, nonprofit and

professional associations S P P P P

See Section 4.04.00

See Section 4.06.01

and 4.06.03

Emergency Services S P P P P P

Golf courses (excluding miniature golf and driving tees)

S S S S P

Golf courses (including miniature and driving tees)

P P

Government offices and/or maintenance facilities

P P P P P

Libraries P P P P

Public parking lots P P

Recreation, activity based (picnicking, jogging, cycling,

arboretums, hiking, playgrounds, ball fields, outdoor

ball courts, stables, outdoor swimming pools, and water-related or water-dependent

uses such as boat ramps, fishing docks and piers, and all similar

outdoor recreation uses

P P

Recreation centers, indoor (arcades, billiards/pool parlors,

bowling alleys) P P P

Recreation, resources based (includes docks, boardwalks, water-dependent uses, and camping pursuant to a DEP

management plan)

P P P

Recreation, outdoor arenas, go-kart tracks or other similar

outdoor amusements) P

Recreation, passive outdoor/open space

P P P P P P P P P P P P

Recycling collection center P

Religious uses and facilities S S S P P P P P


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Schools, commercial or trade including personal instruction

studios such as dance, exercise, instrument, martial arts or voice

training

P P P P

Schools, academic P P P P

Telecommunications tower S S S

Theaters and auditoriums P P P P



INDUSTRIAL

Machine Shop P

See Section 4.04.00

See Section 4.06.01

and 4.06.03

Warehouse, truck terminals and material storage yard

P

Wholesale and retail businesses for manufacturing, processing, storing or distributing goods.

Uses requiring primarily outdoor storage or where the industrial

activity itself is conducted outdoors; LP gas storage and/or

distribution exceeding one thousand (1,000) gallons; and recycling centers are included

P

Wholesale business P

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 2e, 1-9-2012; Ord. No. 12-0-04, §

3B., 10-8-2012; Ord. No. 14-0-06, § 3, 8-27-2014)

2.03.03. - Accessory uses in each zoning district. A. The letter "A" indicates the use is permissible as an accessory use subject to compliance with the

standards for accessory uses set forth in section 5.01.00.

B. Some uses are permitted by right as indicated in Table 2.03.02. Where a specified use in a specified zoning district has an empty cell in both Table 2.03.02 and Table 2.03.03, the use is prohibited.

C. Accessory uses also include any structure or use normally and customarily incidental to the permitted use.

D. Roadside vending may be approved as an accessory use, co-located on an existing site that is open and holds an active business license with the City of Crystal River and that is fully developed per the City of Crystal River Land Development Code subject to the provisions of chapter 4, section 4.02.07.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 12-0-04, § 3B., 10-8-2012)


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Table 2.03.03. Accessory Structures.

Zoning Districts

A = Permissible accessory structure R-C

R-W

R-1

R-2

R-3

NBR CW CG CH IND CON PI PUD MXD

Accessory dwellings, such as a guesthouse; mother-in-law house; or helper quarters.

A A A

Accessory dwelling, such as caretaker quarters or park ranger housing

A A A

Docks, boathouses, boat lifts, boat davits, piers, seawalls or boardwalks

A A A A A A A A A A

Dumpsters A A A A A A A A A A A A A A

Employee support facilities, such as dining rooms, day care, or recreation facility

A A A A A

Fences, Hedges, and Walls A A A A A A A A A A A A A A

Roadside Vending A

Support facilities for lodging or residential, such as newsstands, laundry centers, or

recreation facility A A A A A A A

Satellite dish antenna A A A A A A A A A A A A A

Storage buildings, utility buildings, greenhouses

A A A A A A A A A A A A A

Swimming pools A A A A A A A A A A A A A

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 2f, 1-9-2012; Ord. No. 12-0-04, §

3B., 10-8-2012)

CHAPTER 3. - ENVIRONMENTAL AND RESOURCE PROTECTION 3.00.00. - Generally. 3.00.01. - Purpose.

The purpose of this chapter is to establish those resources or areas of a development site that must be protected from harmful effects of development. A developer should apply the provisions of this chapter to a proposed development site before any other development design work is done. Application of the provisions of this chapter will divide a proposed development site into areas that may be developed and areas that shall generally be left free of development activity. The proposed development should then be designed to fit within the areas that may be developed.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

3.00.02. - Applicability. No building permit or occupational license shall be issued by the city that is contrary to the

restrictions and provisions provided in this chapter. Permits or occupational licenses issued in violation of this chapter confirm no right or privilege on the grantee and such invalid permits or licenses will not vest rights.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)


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3.00.03. - Agency permits and review. A. Environmental resource permit.

1. Development order applicants shall submit an approved environmental resource permit (ERP) from the Southwest Florida Water Management District (SWFWMD) or determination of exemption.

2. Construction or private use of a single-family dwelling unit, duplex, triplex, or quadruplex that is not part of a larger common plan of development or sales, and does not involve wetlands or other surface waters, is exempt from the ERP requirement.

B. Wetlands review. Building permit applicants for development or road construction in wetlands shall demonstrate issuance of a permit or determination of exemption from regional, state, and federal agencies with authority for wetlands permitting.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

Secs. 3.01.00—3.01.08. - Reserved.

Editor's note— Ord. No. 14-0-04, § 6, adopted Sept. 8, 2014, repealed §§ 3.01.00—3.01.08,

which pertained to floodplain management and derived from Ord. No. 05-0-08, §§ 1, 2, adopted

May 17, 2005; and Ord. No. 08-0-10, § 1(1), adopted May 27, 2008. See Ch. 6, Art. XV, for

current information regarding such subject matter.

3.02.00. - Environmentally sensitive lands protection. 3.02.01. - Endangered, threatened, and species of special concern protection. A. A professionally prepared biological survey to document the presence of endangered, threatened, or

species of special concern shall be submitted with applications for development orders as set forth in chapter 10 when the development is:

1. All development in excess of five (5) acres on previously undisturbed properties; or

2. Development of environmentally sensitive lands.

B. Environmentally sensitive lands include:

1. All land designated for conservation on the FLUM;

2. All category I or category II wetlands as defined in the conservation element of the comprehensive plan;

3. All undisturbed properties designated in the velocity zone on the FIRM; and

4. All undisturbed properties within one hundred fifty (150) feet of King's Bay, Crystal River, and all navigable tributaries.

C. Biological surveys shall:

1. Follow the standards and criteria adopted by the Florida Fish and Wildlife Conservation Commission; or

2. Submit a preliminary report consisting of pedestrian surveys of two hundred-foot transects through a minimum of twenty-five (25) percent of each habitat on site. Within fourteen (14) days of the preliminary report the city manager shall render a finding of whether a second, more intensive, survey is needed, based on the information provided by the Florida Fish and Wildlife Conservation Commission, and the parameters it will follow.

D. If the biological survey finds presence of endangered, threatened, or species of special concern:

1. The survey shall be forwarded to the Florida Fish and Wildlife Conservation Commission; and


25

2. The applicant shall follow the recommendations of the Florida Fish and Wildlife Conservation Commission for mitigating loss of habitat; or

3. Lesser requirements may apply if the property is contiguous with and has unrestricted access to a permanently protected habitat.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

3.02.02. - Wetlands and shoreline protection. A. For all property within one hundred fifty (150) feet of King's Bay, Crystal River, and all navigable

tributaries the following provisions shall apply:

1. Wetlands shall be preserved in their natural state. No fill may be placed in a wetland, and the wetland may not be altered; and

2. Storage of hazardous materials as defined by the EPA under Title III of the Superfund Amendments and Reauthorization Act (SARA) shall be prohibited.

B. The following wetland protection provisions shall apply:

1. For lots or parcels that are cleared adjacent to wetlands, silt screens shall be placed between the construction site and the wetland to prevent erosion and siltation;

2. Any wetlands shown on the site plan to remain undisturbed that becomes damaged during construction shall be completely restored. Complete restoration means that the restored area shall function equivalently to the wetland prior to damage; and

3. Septic tanks shall be prohibited within wetlands.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

3.03.00. - Wellfield protection. 3.03.01. - Purpose and intent.

The purpose and intent of this section is to protect and safeguard the health, safety, and welfare of the residents and visitors of the city by providing criteria for regulating and prohibiting the use, handling, production and storage of certain substances which may impair present and future public potable water supply wells and wellfields.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

3.03.02. - Applicability. Regulations in this section for the designated wellfield protection areas are to be applied in addition

to regulations found elsewhere in this LDC.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

3.03.03. - Wellfield protection area. A. A wellfield protection area is hereby established to include all land within a five hundred-foot radius of:

1. A public potable water wellhead; or

2. A site officially designated as a future wellhead by the city council at an advertised public hearing.

B. The following uses shall be prohibited within the wellfield protection area:

1. Above ground storage of hazardous wastes without secondary containment;

2. Cemeteries;


26

3. Commercial or industrial uses which handle, use, or store hazardous materials as defined by the EPA under Title III of the Superfund Amendments and Reauthorization Act (SARA);

4. Discharges of industrial wastewater to groundwater;

5. Gasoline service stations;

6. Injection wells, including drainage wells or other facilities which provide for the disposal of stormwater directly into the aquifer absent normal percolation;

7. Junkyards or salvage operations;

8. Septic tanks;

9. Solid waste disposal facilities;

10. Underground storage tanks; and

11. Wastewater treatment facilities.

C. Storage tanks for the operation of a potable water well and storage tanks for substances used for the treatment of potable water are exempt from the provisions of this section.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

CHAPTER 4. - SITE DESIGN REQUIREMENTS 4.00.00. - Generally. 4.00.01. - Applicability.

The purpose of this chapter is to provide design standards applicable to all development activity within the city.

A. No building or other structure shall be constructed, installed, erected, or altered except in compliance with the site design and development standards set forth in this LDC.

B. Where an overlay district applies to a site, the standards for that district shall apply in addition to the standards of the underlying zoning district.

C. In addition to standards for all development within a zoning district, supplemental standards for specific uses are set forth in section 5.05.00. Such supplemental standards shall apply in addition to the standards of the zoning district and overlay district, if applicable, in which the development is located.

D. Where conflict arises between standards required in a zoning district, in an overlay district, by supplemental standards, or by other legally binding document, the following rules shall be used in the application of standards:

1. Where an unexpired city-approved site plan or unexpired city-approved development agreement issued prior to the effective date of this LDC, court order, or other legally binding document which authorizes development applies to the site, the standards in the legally binding document shall apply.

2. In all other situations, the stricter standard shall apply.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

4.00.02. - Design principles. Development design shall first take into account the protection of natural resources as set forth in

chapter 3. All development shall be designed to avoid unnecessary impervious surface cover; to provide adequate access to lots and sites; and to avoid adverse effects of shadow, glare, noise, odor, traffic, drainage, and utilities on surrounding properties.


27

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

4.01.00. - Density and housing standards. 4.01.01. - Density and housing types in residential zoning districts.

Residential development in the following zoning districts shall comply with the standards set forth in Table 4.01.01 for maximum density and housing type: RC, RW, R-1, R-2, R-3, NBR, and PUD. Density is total dwelling units per acre, whether the units are single-family or multi-family.

Table 4.01.01. Maximum Density and Housing Types in Residential Zoning Districts.

Zoning District Maximum Density (du/ac) Permissible Housing Type

RC 0.5 Single-family

RW 4.0 Single-family

R-1 3.0 Single-family

R-2

8.0 Single-family Multi-family 1

R-3

12.0 Single-family Multi-family 1

NBR 8.0 Single-family Multi-family

PUD Per Comprehensive Plan, but not to exceed 12.0;rr; Single-family Multi-family

MXD 8.0 Multi-family

1 Multi-family development on parcels with two (2) or more acres shall meet the design standards set forth in section 4.02.04.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 3a, 1-9-2012)

4.01.02. - Density and housing types in nonresidential zoning districts (Reserved.) 4.01.03. - Appearance standards for single-family dwellings. A. Generally.

1. This section applies to all residential dwellings, whether constructed on-site or partially constructed off-site.

2. Structures subject to these standards shall meet all site design requirements for the zoning district in which the dwelling is located.

B. The minimum roof pitch, exclusive of porches or patios, shall be 5:12.

C. The minimum roof overhang, excluding porches or patios, shall be eighteen (18) inches.

D. Piers (where required) and exterior walls below finished floors, excluding porches or patios on grade, shall be of the following materials:

1. Painted struck block;

2. Stucco or similar finish;


28

3. Brick;

4. Stone; or

5. Sided to match the dwelling.

E. No exposed concrete, painted, unstruck block, or exposed stacked block is allowed.

F. Any exposed structural component of the dwelling shall be covered by an exterior type finished cladding, i.e. sheathing, aluminum, exterior drywall, vinyl, etc.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

4.02.00. - Design standards for all zoning districts. 4.02.01. - Standards for lot design. A. Only one (1) principal residential building and its allowable accessory buildings shall hereafter be

erected on any one (1) lot.

B. Except as specifically provided in this LDC, no lot existing at the time of adoption of this LDC shall be reduced, divided, or changed so as to produce a lot or tract of land which does not comply with the minimum dimensional or area requirements of this section.

C. A single-family dwelling may be constructed on a lot of record in a residential zoning district, except as follows:

6. Where two (2) or more adjacent lots are under the same ownership and one (1) or more of the adjacent lots do not meet the lot area standards set forth in this LDC, such lots shall be combined to create a lot that conforms to the lot area standards applicable to the zoning district in which the lots are located.

D. The impervious surface ratio is calculated by dividing the total of all impervious surfaces on the lot by the total lot area. Water bodies are impervious surfaces.

E. Where cluster development is proposed under unified development control, the calculation of impervious surface shall apply to the entire site and shall not be applied to individual lots within the development site.

F. The floor area ratio is calculated by dividing the total of all floor area on the site by the total site area. Floor areas include the gross floor area on each floor or story of the principal building and the floor area of each floor or story of any accessory building.

G. Lots shall be designed to comply with the standards set forth in Table 4.02.01.G.

Table 4.02.01.G. Design Standards for Lots.

Zoning District

Minimum Lot Area (sq. ft) Maximum Impervious Surface Ratio for

Lots (%) Maximum Floor Area Ratio

for Lots

Waterfront Non-

waterfront Waterfront Non-waterfront

RC 87,120 87,120 10 10 NA

RW 10,000 None 45 45 NA

R-1 15,000 None 35 45 NA

R-2 15,000 None 45 55 NA

R-3 15,000 None 45 65 NA

NBR None 40 50 0.3

CW 12,000 1 50 NA 0.5


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CG 10,000 1 65 85 1.0

CH 12,000 1 65 75 0.7

IND 21,780 1 NA 70 0.5

CON None 5 10 NA

PI 10,000 45 45 0.5

PUD 87,120 Per approved master plan

MXD None 50 75 0.7

1 See section 5.05.11 for development of Commercial Centers; such centers require a minimum lot area of one (1) acre of forty-three thousand five hundred (43,500) square feet. H. Standards for lot dimensions. There shall be no minimum lot width or lot depth, provided that the

following requirements are met.

1. Lot width and lot depth shall be sufficient and adequate to accommodate all site design standards, and requirements (such as, but not limited to, parking, access drives, landscaping, buffers, setbacks, and stormwater retention).

2. Lot width and depth shall be compatible with the predominant configuration of lots in the surrounding neighborhood.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 3b, 1-9-2012)

4.02.02. - Standards for buildings and building placement (Setbacks). A. Standards for setbacks:

1. The minimum yards required in this section for each and every building existing at the time of the adoption of this LDC, or for any building hereafter erected or altered, shall not be encroached upon or reduced, except as specifically set forth in this section. Shrubbery, mailboxes, driveways, retaining walls, fences, curbs, and planted buffer strips shall not be construed to be encroachments of yards.

2. No part of any yard created by the setback standards and required in connection with any building, structure, or use by this LDC shall be considered to be part of a required yard for any other building, structure, or use.

3. The clear visibility requirements set forth in section 6.04.04 shall be maintained for all corner lots.

B. Exceptions to the required minimum setback.

1. A side yard setback as set forth in Table 4.02.02(C) shall not be required for commercial buildings when all adjacent buildings have a four-hour fireproof wall between units. If the adjacent property is vacant, the owner of the property on which development approval is requested shall grant an attachment easement to the adjacent property owner(s). The attachment easement shall be acceptable to the city and shall be recorded upon approval by the city. An attachment easement is an easement granted to allow an adjacent property owner to erect or construct a building attached to a building on the grantor's property line where such building has one (1) wall at the common property line.

2. One (1) side yard setback may be varied, resulting in a side yard less than that shown in Table 4.02.02(C). The following standards are required for approval of a variation in the side yard setback (See Figure 4A.):


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Where the sidewall of a building is not parallel with the lot line, is broken or otherwise irregular, the side yard setback may be varied. a. In such case, the average width of the side yard shall not be less than ten (10) feet.

Calculation of average width is based on measurement of the width at the required front yard setback line, the required rear yard setback line, and the midpoint between the front yard and rear yard setback lines.

b. The resulting side yard shall not be narrower at any one (1) point than five (5) feet.

3. All setbacks shall be measured at the shortest distance from the exterior building wall to the property line. Roof overhangs shall not be included in the measurement of a required setback, provided that the maximum roof overhang into the setback shall be limited to two (2) feet.

C. Standards for building height:

1. Building height shall be measured from the natural (pre-construction) grade, or where minimum flood elevation is established, from the required minimum flood elevation, to the highest point on the roof.

2. Calculation of maximum height shall not include appurtenances or attachments such as chimneys, elevator shafts, antennas, decorative architectural features, steeples, air conditioning equipment enclosures, cupolas, weather vanes, and other similar minor building features.

3. The following structures shall not be subject to height limits: telecommunications towers and city-owned water towers.

Table 4.02.02.C. Standards for Building Heights and Setbacks.

Minimum Setback (ft.)

Zoning District Maximum Building Height (ft.) Front Side Side, Adjacent to a Street Rear Waterfront

R-C 35 25 10 15 25 25

R-W 35 25 10 15 25 25

R-1 35 25 10 15 25 25

R-2 35 25 10 15 25 25

R-3 35 25 10 15 25 25

NBR 35 25 10 15 25 25

CG 50 25 10 15 25 25

CW 50 25 10 15 25 25

CH 50 25 10 15 25 35

IND 35 25 10 15 25 25

CON 25 25 10 15 25 150 1

PI 35 25 10 15 25 25

PUD Per approved master plan 25

MXD 50 Per approved master plan 25


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1 Buildings within conservation districts adjacent to the Crystal River shall be set back a minimum of one thousand (1,000) feet as required by the comprehensive plan.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 3c, 1-9-2012)


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4.02.04. - Design standards for large-scale multi-family development.

A. Multi-family development on parcels of two (2) or more acres shall comply with the design standards of this section in addition to any design standards set forth for the zoning district in which the development is located. See Figure 4B. Multi-family development proposals located in the CRA Overlay District are exempt from Section 4.02.04. Applicants shall use the provisions for Multi-Building and Campus Development and other applicable standards found in Section 4.07.04.K of the CRA Overlay District Regulations.

B. The proposed development shall be under unified ownership, control, and management. Where there is multiple ownership of the parcel or parcels proposed for development, a joint application for site plan approval shall be submitted.

1. An approved site plan shall be binding on all owners.

2. The applicants shall describe the mechanisms proposed for unified control of the development.

3. Control and management of the development may be assigned to an individual or other entity, such as a property management company, provided that documents demonstrating such assignment are provided to and approved by the city.

C. A minimum of ten (10) percent of the parcel shall be designed and set aside as common open space, in addition to any required landscaping, buffer area, or stormwater management area. Open space shall be one of the following:

1. Plaza;

2. Courtyard; or

3. Park, playground, play fields, picnic area, walking trail, but not swimming pools, or paved ball courts.

D. Adequate provisions shall be made for light, air, access, and privacy in the arrangement of the buildings to each other. Each dwelling unit shall have a minimum of two (2) exterior exposures.

E. The maximum length of any group of attached structures shall be one hundred (100) feet.

F. Each building shall be accessible by emergency vehicles.

G. Building location and separation:

1. The front or rear of any building shall be no closer to the front or rear of any other building than forty (40) feet.

2. The side of any building shall be no closer to the side, front, or rear of any other building than thirty (30) feet.

3. No driveway or parking lot shall be closer than twenty-five (25) feet to any building. In the case of an enclosed garage or carport provided as a portion of the main structure, the distance requirement for driveways shall not apply.

H. Sidewalks or pedestrian paths shall be provided to connect buildings, parking lots, open space, and common areas.

I. A multi-family development may be designed to provide parking on the first level or under the building. However, the maximum building height shall comply with the standards set forth in Table 4.02.02(C).

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)


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multi-family

4.02.05. - Standards in the NBR zoning district. A. The maximum building footprint shall be two thousand (2,000) square feet.

B. Existing buildings greater than two thousand (2,000) square feet may be converted to an allowable use within the NBR zoning district and shall be allowed to retain the current building footprint.


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C. Calculation of maximum building footprint shall include areas for storage, porches, and areas for equipment or other non-leasable space.

D. No vehicle other than passenger automobiles or trucks (not exceeding three-fourths (¾) ton capacity), shall be parked on the premises. This restriction shall not be construed to prohibit delivery trucks parked during loading or unloading only.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

4.02.06. - Design standards for all commercial development. The design standards set forth below apply to all commercial development. In addition, commercial centers shall comply with supplemental standards, set forth in section 5.05.00. The standards in 5.05.11. (Commercial Centers) shall not apply within the CRA Overlay District. Applicants shall use the provisions for Multi-Building and Campus Development conveyed in Section 4.07.04.K.

A. Mechanical equipment, electrical meter and service components, and similar utility devices, whether ground level, wall mounted, or roof mounted, shall be screened from view from public rights-of-way through one of the following methods:

1. Where equipment is at ground level, screening may be provided through landscaping sufficient to block the view from public rights-of-way.

2. Where brick, wood, or masonry materials are used to screen the equipment or devices, the materials shall the same as the predominant exterior building materials for the principal building on the site.

B. Street level retail uses with sidewalk frontage shall provide an entrance to the building from the sidewalk in addition to any other access that may be provided to the building.

C. The following accessory uses and structures shall be integrated into the overall design of the site to ensure that visual and other impacts of these uses are fully contained or enclosed and out of view from adjacent properties and public streets. These uses and structures shall be designed to blend with the principal building through the use of color, building materials, and architectural features, to ensure that no attention is attracted to the functions by the use of screening materials that are different from or inferior to the principal material of the building and landscape:

1. Loading docks;

2. Truck parking;

3. Outdoor storage;

4. Utility meters;

5. HVAC equipment;

6. Dumpsters (See section 5.01.10); and

7. Other similar service functions.

D. Brick, wood, or masonry materials shall be used.

E. All exterior lighting shall be shielded and directed such that there is no direct illumination of adjacent properties.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

4.02.07. - Design standards for roadside vending in Commercial Highway (CH) zoning districts. A. Temporary accessory structures, vehicles or trailers associated with roadside vending:

1. Can only be permitted on a site which is fully developed per the City of Crystal River Land Development Code, open to the public and holds an active business license for a permanent


35

business located on the property in question. Sufficient customer parking must be provided on an improved surface.

Temporary accessory structures, vehicles or trailers associated with roadside vending is limited to a maximum of two hundred (200) square feet, may not block the use of more than two (2) parking spaces of any approved principal use and shall comply with the visibility at intersection requirements of this chapter.

2. Cannot be located within approved setbacks or right-of-ways. Stopping and parking a vehicle in the right-of-way to make purchases is prohibited.

3. Must be self-contained, no permanent structure shall be erected and all items associated with the roadside vending market shall be removed at the end of each day. There shall be no water or sewer service to a roadside vending market.

4. Shall not leave the structure unattended for more than thirty (30) minutes.

5. May not obstruct vehicular or pedestrian traffic or enter upon any no-parking area or loading zone.

6. Shall not display any signs or flags which are not in compliance with the city's sign or flag ordinance.

7. Must submit an application for approval under the terms of a minor development permit with the following information:

a. Applicant must submit a statement of express written approval for the proposed activity from the property owner.

b. Applicant must submit a site plan showing the location of the temporary accessory structure, including all proposed signage.

c. Applicant must include a statement of proposed use that complies with the city's land development code.

d. Applicant must have a current business license with the City of Crystal River.

e. Copy of the state or county health department license.

B. Procedure.

1. In order to protect the health, safety, and welfare of the general public, or to obtain compliance with local, state or federal laws, special conditions and restrictions may be added to the permit which shall be binding upon the applicant, to any permit or other form of approval that may be issued.

2. Expiration. A roadside vending permit shall expire on September 30 of each year but may be renewed on an annual basis.

3. Suspension and revocation. A permit issued under this section may be suspended or revoked by the city if any required business or health permit or license for the roadside vending market has expired or been suspended, revoked or canceled. In addition, a permit may be immediately revoked if the applicant violates any of the requirements of this ordinance.

4. Record keeping. Each roadside vending market operating within the city shall display the appropriate business tax receipt and state or county health permits or licenses.

C. Signage

1. Temporary signage. One (1) temporary sign per site shall be allowed. A dimensioned drawing of the signage shall be submitted for approval along with the roadside vending permit application. Such sign shall have a maximum height of eight (8) feet and a maximum area of twelve (12) square feet. Signage cannot be placed in the right-of-way or block visibility.

(Ord. No. 12-0-04, § 3C., 10-8-2012)


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4.03.00. - Standards for subdivision layout and design. 4.03.01. - Generally. A. All subdivisions shall be subject to the design requirements of the zoning district in which the

subdivision is proposed and the design requirements specifically for subdivision layout set forth in section 4.03.00. Procedures for preliminary plats, final plats, and site plans are set forth in chapter 10.

B. All new development shall be located on a recorded, platted lot.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

4.03.02. - Subdivision lot and block design. The lengths, widths, and shapes of blocks shall be designed to comply with the following:

A. Lot area, width, shape, and orientation shall be suitable to the special needs of the type of use contemplated.

1. Side lot lines shall be substantially at right angles or radial to the right-of-way line.

2. Flag lots are prohibited.

3. Block length shall be consistent with the established street system.

4. Lots shall meet the minimum lot area set forth in Table 4.02.01(G).

5. Lot area shall be consistent with the density requirements set forth in Table 4.01.01.

6. New lots having double frontage, not located on a corner, shall not be permitted unless they are necessitated by size or topographic constraints. For existing lots with frontage on two streets, but not located on a corner or alleyway, the minimum front setback shall be provided on each street. No building or structure (including accessory structures) shall be permitted to encroach upon this setback.

B. Layout of lots and blocks shall be appropriate for the topography.

C. No lot shall be divided by a city boundary line.

D. Lot and block layout shall ensure safe and convenient pedestrian and vehicle access.

1. Each lot shall have frontage on an existing or proposed right of way (i.e. thoroughfare, park, green), and access to a public street (includes alleyways).

2. Each lot shall have access to sidewalks or pedestrian paths as set forth in sections 6.04.05 and 6.04.06.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

4.03.03. - Requirements for infrastructure. A. The following basic utilities shall be provided to each lot within a subdivision:

1. A source of electric power;

2. A telephone service cable;

3. Central potable water. Each lot shall have and maintain central water service meeting city standards and provided at the developer's or property owner's expense. If central potable water is not available, the property owner shall install water lines in compliance with city standards.

4. Central sanitary sewer. Each lot shall have and maintain central sanitary sewer service meeting city standards and provided at the developer's or property owner's expense. If central sanitary sewer is not available the property owner shall install sewer lines in compliance with city standards.

5. Lines for delivery of reclaimed water to each lot, in compliance with city standards.


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6. Fire hydrants or fire protection shall be provided as required by the National Fire Prevention Code.

7. The subdivision shall have and maintain street and common area lighting meeting city standards (see chapter 6) and provided at the developer's or property owner's expense. Decorative lighting is preferred.

B. Subdivision utility placement. All lines for electricity, telephone, cable television, street lights, and gas distribution (exclusive of transformers or enclosures containing electrical equipment, including but not limited to, switches, meters, or capacitors) shall be placed underground within easements or dedicated public rights-of-way.

C. Utility apparatus, such as pumps, valve boxes, switching boxes, back-flow devices, placed above ground shall be screened according to the standards set forth in subsection 4.05.03(H).

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

4.04.00. - Standards for Planned Unit Developments (PUD). 4.04.01. - Generally. A. It is the purpose of the PUD district to provide flexible land use and design regulation and to allow

planned diversification and integration of uses and structures, while retaining to the city the authority to establish limitations and regulations thereon for the benefit of the public health, welfare and safety. A PUD district shall have the following characteristics:

1. Unified ownership and control (see subsection 4.04.02.B.;

2. Unified site design;

3. Diverse residential environment with a range of housing types, and ownership types;

4. Civic spaces which provide opportunities for resident social interaction; and

5. Conservation of natural resources as set forth in chapter 3.

B. A PUD district is a zoning district, and shall be applied to a lot or parcel only through the process for rezoning land as set forth in chapter 10. A rezoning to PUD requires a site plan setting forth the use and design standards proposed for the site. Such site plan becomes legally binding upon approval of the rezoning.

C. A PUD district may be proposed in any location consistent with the comprehensive plan in order to provide flexibility in the application of development and site design standards.

D. The Crystal River Redevelopment Overlay District Regulations (Section 4.07.00) are a form-based code (FBC). As with a PUD, Form-based codes provide the applicant with a mixed-use framework that is flexible and readily adaptable to specific needs; increasing the likelihood that the resulting development will be contextual and climate based. While similar outcomes may result from either process, the overlay is primarily “by right”, providing the community with greater predictability and accountability. As a result, PUD zoning shall be prohibited in the CRA overlay district.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

4.04.02. - Minimum requirements for a PUD district. A. There is not a minimum land area requirement for a PUD.

B. A PUD requires unified ownership and control.

1. All land included in the rezoning to a PUD district shall be under single ownership, or if under multiple ownership, a joint application for site plan and rezoning shall be submitted.

2. The approved site plan shall be binding on all owners.

3. The applicant(s) shall maintain and provide for unified control of the PUD until the project is complete.


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4. Responsibility for unified control may be assigned to an individual or an entity such as a homeowner's association, provided that proposed homeowners' association documents are submitted demonstrating that appropriate controls are in place following transfer of management responsibility. Association documents shall be acceptable to the city council, and shall be recorded upon approval by the city council.

C. Common property in a PUD is a parcel or parcels of land, together with the improvements thereon, for the shared use and enjoyment of the owners and occupants. When common property exists, the ownership of such common property may be either private or public, and satisfactory arrangements shall be made for the improvement, operation, and maintenance of such common property and facilities, including private streets, drives, service and parking areas and recreational and open space areas. Proposed legal instruments that will provide for the management and maintenance of such common properties and facilities shall be submitted with the application for rezoning and site plan approval. Approval of the site plan shall include the condition that such documents are properly recorded.

D. A PUD shall comply with all standards for resource protection set forth in chapter 3.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 14-0-02, § 4, 4-14-2014; Ord. No. 18-O-06, § 2,

5-29-2018)

4.04.03. - Use and site design requirements in a PUD district. A. An applicant may propose any uses from Table 4.04.03(A), subject to the requirements establishing a

maximum allocation for each type of use. An applicant may propose the desired setbacks for front, side, and rear yards, provided that setbacks for waterfront lots shall not be less than the minimum setback set forth in Table 4.04.03(A). An applicant may propose desired site design standards for other aspects of the proposed development.

Table 4.04.03(A). Uses and Site Design Requirements for PUDs.

Land Use Maximum Land Allocation

(% of PUD site) Minimum Setback from the

Waterfront (ft.)

Residential:

•Single-family residential; or 95 25

•Multi-family residential

Commercial:

•Waterfront Commercial 75 25

•Highway Commercial 75 25

Civic:

•Clubs, community centers, lodges, nonprofit and professional associations;

30 25

•Common areas, such as courtyards, plazas, squares, or open space;

•Recreation, active outdoor, indoor, passive outdoor/open space;

•Religious facilities; or

•Theaters/auditoriums


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B. Open spaces, plazas, and recreation areas provided within a PUD shall be evaluated based on the sufficiency of such areas to provide appropriate recreational opportunities, to protect sensitive environmental areas, to conserve areas of unique beauty or historical significance, to enhance neighborhood design and to encourage compatible and cooperative relationships between adjoining land uses.

C. Off-street parking to serve uses within a PUD shall be provided as set forth in section 6.04.07.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 14-0-02, § 4, 4-14-2014)

4.04.04. - Compatibility requirements in a PUD district. The proposed PUD shall be compatible with existing adjacent uses and uses allowable in adjacent

zoning districts. Compatibility shall be based on the following factors:

A. The existing development pattern, considering the street system, lot size, dimension, layout, and blocks.

B. The scale and dimensions of buildings, considering height, length and overall mass.

C. Density and housing type for residential development.

D. Intensity of nonresidential uses, as measured by floor area ratio.

E. Extent, location, and design of off-street parking.

F. Amount, location, design, and direction of outdoor lighting.

G. The extent, type, and location of open space.

H. The location of accessory structures such as dumpsters, recreational equipment, swimming pools, or other structures likely to generate negative impacts such as noise, lights, or odors.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

4.05.00. - Standards for buffers, landscaping, and tree protection. 4.05.01. - Generally. A. It is the intent of the city to provide those standards and regulations that will protect and preserve

native tree species, protect and preserve the natural landscape, foster and encourage maintenance of natural vegetation, and minimize loss of trees to development. Functional conservation provides an aesthetic balance to manmade urban settings and preserves environmental and ecological benefits of existing native trees and vegetation.

B. The purpose of this section is to establish minimum standards for landscaping, buffers, and tree protection within the city. These standards are provided to meet the following intents:

1. Improving the appearance of the city;

2. Providing shade for the ground surfaces;

3. Buffering adjacent incompatible land uses;

4. Screening vehicular movement from pedestrian and public view; and

5. Providing for the protection and preservation of trees and native vegetation.

C. Applicability. The types of development listed below shall be required to provide a landscaped buffer between uses, provide landscaping for parking lots, submit a tree survey with an application for site plan approval, obtain a tree permit prior to receipt of a building permit, and submit a landscape plan with any application for a development order for the situations listed below. The required landscape plan shall demonstrate compliance with the standards of section 4.05.00.


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1. All new nonresidential construction.

2. All nonresidential construction that will increase an existing parking lot by twenty-five (25) percent of the parking lot area.

3. All nonresidential construction that will increase the building footprint by twenty-five (25) percent at any one time or cumulative increases totaling twenty-five (25) percent.

4. All developments of regional impact.

5. All residential development.

6. Any change of use that results in any increase in the required off-street parking, as determined by the standards in section 6.04.07.

D. Clearing of any site, including root-rake clearing, shall be subject to the requirements for tree protection, submittal of a tree survey, and obtaining a tree removal permit.

E. Exemptions. The following are exempt from the requirements of section 4.05.01:

1. Any interior construction, renovation, or remodeling, provided that such interior construction, renovation, or remodeling shall not increase the footprint of the building by twenty-five (25) percent or more.

2. A single-family home proposed on an existing platted lot shall not be required to provide a buffer or landscaping for a parking area, but shall nevertheless provide a tree survey with any application for a building permit and shall comply with the requirements of section 4.05.05 regarding minimum requirements to provide trees.

3. Licensed plant or tree nurseries or botanical gardens with respect to those plants and trees that are planted and grown for sale to the general public in the ordinary course of the licensed business or for public purposes.

4. The City of Crystal River or its authorized agents for the purpose of removal of a tree on city-owned property that is dead or a hazard to the public.

5. Utility companies or their authorized agents for the purpose of removal of a tree that is a substantial hazard to overhead wires or for trimming that is necessary for establishment or maintenance of service.

6. The trimming or pruning of trees.

7. The removal of underbrush and removal of trees less than four (4) inches DBH.

8. The removal of a prohibited tree listed in subsection 4.05.02.A.3.

9. Removal of a dead or diseased tree, as attested to by the county forester or a certified arborist.

F. When an adjoining or abutting property is rezoned, the burden of providing a buffer during subsequent development shall be with the property being developed and not the property that has remained unchanged.

G. During a declared emergency, such as a hurricane, tropical storm, flood, severe windstorm or other act of God, the city manager may temporarily waive the requirements of this section to allow for cleanup.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

4.05.02. - Specifications for landscaping and vegetation. A. Plant materials.

1. Plant materials shall meet the standards for Florida No. 1 or better, as set out in Grades and Standards for Nursery Plants, Department of Agriculture, State of Florida.

2. Trees and shrubs shall be selected from the species listed in Table 4.05.02(A).


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Table 4.05.02(A). Permissible Trees and Shrubs.

Canopy Trees Understory Trees Shrubs

(Typical mature height is greater than 30 feet)

(Typical mature height is less than 30 feet)

American Holly Bradford Pear Azalea

Bald Cypress Cherry Laurel Burford Holly / Dwarf Burford

Holly

Chinese / Drake Elm Crape Myrtle Chinese Holly

Crape Myrtle Dahoon Holly Crape Myrtle

DD Blanchard Magnolia East Palatka Holly Florida Anise

Laurel Oak Eastern Redbud Glossy Abelia

Live Oak Flowering Dogwood Indian Hawthorn

Loblolly Bay Fringe Tree Japanese Boxwood

Pond Cypress Ligustrum/Japanese Privet Ligustrum/Japanese Privet

Red bay Little Gem Magnolia Loropetulum

Red Maple Nellie R. Stevens Holly Pittosporum

River Birch Pindo Palm Podocarpus

Sabal Palm Podocarpus Saw Palmetto

Silver Maple Southern Red Cedar Schillings/Dwarf Yaupon Holly

Slash Pine Wax Myrtle Silverthorn

Southern Magnolia Winged Elm Suspensum/Sandankwa

Viburnum

Sugar Maple Sweet Olive

Sweet Bay Magnolia Sweet Viburnum

Sweet Gum Wax Myrtle

Sycamore

Water Oak

3. The following species are prohibited:

Australian Pine Brazilian Pepper Camphor Tree Chinaberry Chinese Tallow Melaleuca/Punk Tree Silk Oak Silk Tree/Mimosa/Silk Acacia Winged Sumac/Shiny Sumac


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4. Retention of native and drought tolerant species is preferred. At least fifty (50) percent of the trees planted in landscaped buffers, landscaped parking areas, and for replacement shall be native to Citrus County or evolved in Citrus County without human intervention.

5. Existing trees, which are four (4) inches DBH or larger, and shrubs may be counted toward meeting the requirements for landscaped buffers, landscaped parking areas, and tree retention.

B. Minimum Plant Size at Time of Planting. Size and location of plant materials (see Figure 4C for an illustration of the specifications for plant materials).

1. Trees shall be provided in the following minimum sizes:

a. Overstory trees shall be a minimum caliper of two and one-half (2½) inches DBH at the time of installation.

b. Understory trees shall be a minimum caliper of one and one-half (1½) inches DBH at the time of installation.

2. Shrubs shall be a minimum of (3)-gallon container size at the time of installation.

3. Shrubs shall be installed at least thirty-six (36) inches apart, measured on center.

4. Hedges shall be planted in double-staggered rows.

5. Grasses shall be a minimum of (3)-gallon container size.

6. Turf and sod shall be planted with species normally grown on permanent lawns in Citrus County. Turf areas may be sodded, plugged, sprigged, or seeded, provided that full coverage shall be achieved within one (1) year after planting. Solid sod shall be used in swales or areas subject to erosion.

7. Trees shall be located:

a. Ten (10) or more feet from any existing building;

b. Five (5) or more feet from any property line;

c. Twenty (20) or more feet from any existing tree; and

d. Six (6) or more feet from any pavement, measured to the back of the curb.

8. Canopy trees shall not be installed under any overhead utility line, over any buried utilities, or within a utility easement.

9. Trees shall be properly guyed, braced, or staked at the time of planting to ensure establishment of the tree and erect growth. Nail staking or other methods that cause cosmetic or biological damage to the tree are prohibited. Trees shall be re-staked within twenty-four (24) hours in the event of a failure in the staking or guying. Stakes shall be removed not later than twelve (12) months after installation. Canopy trees shall be provided with at least four hundred (400) square feet of rooting area per tree.

10. Understory trees shall be provided with at least two hundred (200) square feet of rooting area.

11. Trees in required landscaped buffers, landscaped parking areas, or planted as replacement trees may be planted in groupings of up to five (5) trees provided that the following standards are met (see Figure 4D):

a. There is the required minimum rooting area (four hundred (400) square feet) for the first tree within the group.

b. At least fifty (50) percent of the minimum rooting area per tree for each additional tree in and around the grouping shall be provided.

c. Such tree groups shall be located a minimum of twenty (20) feet from any other individual tree and at least fifty (50) feet from any other tree group.


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d. Individual trees shall be considered to be in groupings when they are planted less than twenty (20) feet from any other tree.

e. If space constraints prevent strict adherence to the preceding criteria, an alternative proposal supported by tree preservation plan may be presented for consideration with the application for site plan approval.

12. Palm trees shall not exceed twenty-five (25) percent of the required trees on site. Palm trees shall have eight (8) feet of clear trunk to the base of the fronds.

C. Temporary spray irrigation systems may be used to establish seeded and/or planted areas.

D. All plantings shall be continually maintained in an attractive and healthy condition. Maintenance shall include, but not be limited to, watering, tilling, fertilizing and spraying, mowing, weeding, removal of litter and dead plant material, and necessary pruning and trimming. Required plants that become diseased or die shall be replaced not later than three (3) months following the loss of the plant.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 08-0-01, § 1, 1-30-2008)


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plant materials


45

tree group

4.05.03. - Buffer requirements. A. Generally.

1. The use of properly landscaped and maintained areas can reduce the potential incompatibility of adjacent land uses, maintain open space, protect established residential neighborhoods, and enhance community identity. In order to minimize negative effects between adjacent zoning


46

districts, this section requires that a landscaped buffer area be provided. The separation of land uses and the provision of landscaping along public rights-of-way through a buffer is designed to minimize potential nuisances, and to enhance community beautification.

2. The provision of required buffers, as specified in these regulations, are minimum standards. None of the provisions of these regulations shall be construed as prohibiting additional plant material, screening and/or land above that required by these regulations; or to prohibit the modification of existing landscaped buffers to perform to an equivalent degree as the buffer required by these regulations.

3. Existing trees located within the proposed buffer area may be counted as contributing to the total tree requirement. The retention of existing trees shall be maximized within the proposed buffer areas.

B. Types of buffers. Buffers vary based on the degree of difference between adjacent zoning districts, considering allowable uses and density or intensity of development. Four (4) types of buffers are provided:

Table 4.05.03.B. Types and Plant Requirements for Buffers.

Buffer Type

Minimum Width (ft.)

Required Plants per 100 linear feet of property line

A 10 Two (2) canopy trees

Two (2) understory trees

B 15 Four (4) canopy trees

Four (4) understory trees

C 15 Four (4) canopy trees

Four (4) understory trees Continuous hedge, in a double-staggered row

D 20

Four (4) canopy trees Four (4) understory trees

Continuous hedge or solid masonry wall at least four (4) feet high with twenty-five (25) shrubs planted on the outside of the wall. The hedge shall be planted in a double-

staggered row.

C. Requirements for ground cover within buffers. All buffers shall be grassed or have ground cover. However, decorative ground cover or mulch shall not exceed twenty (20) percent of the total required area of the buffer.

D. To the maximum extent practicable “man-made” berms shall not be used as an alternative to landscape and / or other means of buffering. When no reasonable alternative exists, the administrator may approve the use of a berm. Where a berm is included within a buffer area, the berm shall have a minimum average height of two and one-half (2½) feet with side slopes of not steeper than four (4) feet horizontal for each one (1) foot vertical (4:1).

E. Location of buffers.

1. A buffer shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line.

2. Where a required drainage, utility, or other easement is located within a buffer, the buffer shall be designed to minimize plantings within the easement.

3. Design variations are allowed, provided the following standards are met:


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a. The total land area in the buffer is equal to or greater than the total land area required for the type of buffer; and

b. The landscaped buffer measures not less than five (5) feet in width at any point along the buffer.

F. Minimum buffer requirements between zoning districts. Requirements for buffers are based on the zoning district of the proposed development and the zoning district of adjacent properties. Buffer specifications are detailed in Table 4.05.03.F.

Table 4.05.03.F. Buffer Requirements Between Zoning Districts

Zoning District of Proposed

Development

Adjacent Zoning District

R-C R-W R-1 R-2 R-3 NBR CG CW CH IND PI CON PUD MXD

R-C N 1 N N N N N N N N N N N

Note 2

Note 2

R-W A A B B B B B B C D B A

R-1 A A A A B B B B C D B A

R-2 A A A A B B B B C D B A

R-3 B B B B A B B B C D B A

NBR B B B B B A A B C D B A

CG C C C C C B A A B D A A

CW C C C C C B A A B D A A

CH D D D D D C B B A C B B

IND D D D D D D D D C A C D

PI C C C C C B A A B B A A

PUD Buffer shall be based on the buffer requirement of the adjacent zoning

district.

MXD Buffer shall be based on the buffer requirement of the adjacent zoning

district.

1 N means no buffer is required. 2 The required buffer adjacent to a PUD or an MXD shall be based on the predominant development within the PUD or the MXD. G. Minimum buffer requirements adjacent to streets.

1. Proposed development shall include a landscaped buffer adjacent to any street fronting the development. The required type of buffer is shown in Table 4.05.03.F.

2. The buffer shall not include any required sidewalk. Sidewalks, where required, shall be placed in the right-of-way and shall be in addition to the buffer area required by Table 4.05.03.F. (See section 6.04.05 for standards regarding provision of sidewalks.)

Table 4.05.03.G. Buffer Requirements Adjacent to Streets


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Zoning District of Proposed Development Type of Frontage Street 1

Local Collector Arterial

R-C None None None

R-W None A B

R-1 None A B

R-2 A A B

R-3 A B B

NBR B B C

CG B C C

CW B C C

CH C C D

IND D D D

PI C C C

CON A A A

PUD Buffer area shall be based on the predominant use within the PUD.

MXD Buffer area shall be based on the predominant use within the MXD.

1 Street classifications (local, collector, or arterial) are depicted in the Comprehensive Plan on Map 2-2 in the Transportation Element. H. Buffer requirements for utilities and public facilities and structures. Above ground utilities and

accessories to underground utilities which require above ground installation shall be buffered by a continuous planting of shrubs, with a minimum mature height equal to that of the structure, or a maximum height of six (6) feet. Required access ways to these utilities are exempt from the screening provisions. Other uses which require high visibility and easy access, such as fire hydrants, public and emergency telephones, mail boxes, and school bus shelters/benches, are exempt from these provisions.

I. Permitted use of buffer area.

1. A buffer may be used for passive recreation and picnic facilities; it may contain pedestrian paths or bike trails, provided that the path or trail is not paved. These paths may cross a required continuous hedge provided that openings to allow such crossing points shall be a maximum of six (6) feet in width and shall be spaced not less than one hundred (100) feet apart.

2. A buffer may incorporate water resources including stormwater detention/retention facilities.

3. Ingress and egress to the proposed development and utilities may cross the buffer provided they minimize the amount of buffer devoted to this use. Ingress and egress shall not be subtracted from the linear dimensions used to determine the minimum amount of landscaping required.

4. The buffer area may be included as part of the calculation of any required open space or as part of the required front, side, or rear yard.

5. Identification signs as specifically allowable pursuant to section 5.04.00.

6. Lighting.


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J. Prohibited use of buffer area. A buffer area shall not be used for any building, parking, storage, or loading area.

K. Ownership of buffers. Buffers may remain in the ownership of the original owner (and assignees) of a lot or parcel of land; they may be subjected to deed restrictions and subsequently be freely conveyed; or they may be transferred to any consenting grantees, such as adjoining landowners, a park or forest preserve, the city, a homeowners' or property owners' association, or conservation group. Any such conveyance shall adequately guarantee the protection and maintenance of the buffer.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 3d, 1-9-2012)


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tree protection

4.05.04. - Landscaping requirements for parking lots and building foundations. (See Figure 4E) A. All off-street parking lots and vehicular use areas (access driveways, service drives, and loading areas)

are required to include landscaping, except parking lots with six (6) or fewer required parking spaces. Required parking lot landscaping shall be in addition to requirements for protection of existing trees.


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B. Perimeter landscaping around parking lots.

1. Where a lot has a required buffer A, as set forth in Table 4.05.03(F), an additional buffer width of five (5) feet shall be required on the perimeter of the parking lot. An additional buffer shall not be required for the perimeter adjacent to a street. The additional five (5) feet of buffer shall contain two (2) canopy and two (2) understory trees per one hundred (100) linear feet.

2. Where a lot has a required buffer A or B, as set forth in Table 4.05.03(F), a double-staggered row of shrubs shall be planted to form a hedge in the perimeter landscaping area. Access shall be provided through any perimeter buffer to an adjacent sidewalk.

C. Interior landscaping. (See Figure 4E for an illustration of typical interior landscaping.)

1. Planting areas within vehicular use areas shall equal not less than ten (10) percent of the gross area devoted to vehicular use. The perimeter landscaping shall not count toward meeting the required interior landscaping.

2. Interior planting areas may be located in tree islands at the end of parking bays, or in landscaped medians between rows of parking spaces. There shall be not more than eight (8) contiguous parking spaces or sixteen (16) parking spaces in a double row) between planting areas.

a. Interior planting areas located in tree islands. Tree islands are required at the end of every parking aisle to separate the last space from adjacent travel lanes.

i. Tree island design and size shall correspond to the type of parking space (Parallel, 30* angled, 45* angled, 60* angled, 90* Perpendicular, 90* Tandem) and occupy a minimum area of 160 square feet for single loaded bays and 320 square feet for double loaded bays.

ii. One overstory tree shall be installed per tree island. In locations directly under overhead utilities, understory trees shall be substituted for canopy trees.

iii. Shrubs, native grasses, groundcover, and / or mulch shall be installed in each tree island.

b. Landscaped medians located between rows of parking spaces. In lieu of tree islands, a landscape median of at least six (6) feet in width may be provided between and

perpendicular to each row of parking bays.

i. Overstory trees shall be evenly spaced along the median at a rate of one (1) tree for every four (4) parking stalls.

ii. Shrubs, native grasses, groundcover and / or mulch shall be installed to provide for semi- continuous planting along the median.

3. Interior planting areas shall be located to effectively accommodate stormwater runoff, as well as to provide shade in large expanses of paved areas.

4. The design of interior landscaped areas shall comply with the specifications set forth in section 4.05.02.

5. A continuous curb, wheel stops, or other means of protection shall be provided to prevent injury to vegetation within the planting areas. The curb shall be designed to allow percolation of water to the root systems of the plants. Where existing trees are preserved, tree wells, tree islands, wheel stops, or a continuous curb shall be installed to protect the trunk and root system from damage. A drainage system shall be provided within the area defined by the drip line of the tree(s).

D. Building foundation plantings. 1. A minimum of one shrub or landscaping grass container shall be planted for every three linear

feet of building foundation that fronts a street, drive aisle, or parking area. Proposed plantings shall be centered horizontally 18” from the building wall foundation and shall be planted at


52

intervals of three feet on center (ie. If the width of building façade that fronts a street equals 21 ft. then 7 shrubs shall be planted along the base of the building that fronts a street.

2. Reserved.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

parking lot landscape

4.05.05. - Requirements for trees and tree protection. A. Intent. The intent of this section is to provide standards and regulations that will ensure a minimum

number of trees on any lot or parcel, protect and preserve native tree species, protect and preserve the natural landscape, foster and encourage maintenance of natural vegetation, and minimize loss of trees to development.

160 sf. or full parking bay

Required interior parking lot landscaping – tree islands or medians


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B. Prohibitions.

1. No authorization shall be granted to remove a protected tree where the developer or property owner has failed to take reasonable measures to design and locate the proposed improvements so that the number of protected trees to be removed is minimized.

2. In conjunction with any development, building or land clearing: It shall be unlawful for any person to cause, authorize, assist or permit the removal of or damage to any protected tree; or to root rake, grade or permit the movement or storage of equipment, material, debris or fill within the drip line of any protected tree which is not authorized or approved for removal in accordance with the provisions of this section.

C. General requirement. All lots shall have at least one (1) canopy tree per three thousand (3,000) square feet of land area within the lot or parcel, or fraction thereof. Buffer area and parking area plantings may be counted towards this requirement.

D. Credit for existing trees.

1. The requirement set forth in subsection 4.05.05.C. may be met, in part, through the preservation of existing trees. Credit shall be given in accordance with the following schedule:

Table 4.05.05.D. Credit for Existing Trees

DBH of Existing Tree Credit

4 to 6.9 1

7 to 10.9 2

11 to 14.9 3

15 to 19.9 4

Over 20 1 credit for each 3½ inches DBH

2. Credit may be given for trees planted on private drainage retention areas provided that the cumulative credit for such trees shall not exceed fifty (50) percent of the total requirements for the property being developed. Trees planted on drainage retention areas shall be restricted to the slopes and shall provide sufficient access to the bottom of the drainage retention area to permit passage of bush hogs or similar maintenance equipment.

E. Trees to be protected. All non-prohibited trees twelve (12) inches DBH or more shall be protected. Trees that are twelve (12) inches or more DBH as well as any tree four (4) inches DBH or more, which is proposed to be preserved, shall be identified on a tree survey submitted with an application for site plan approval, application for a building permit where site plan approval is not required, or an application for a permit authorizing tree removal. Requirements for preparation and submittal of the tree survey and for application for a tree removal permit are set forth in section 10.01.09.

F. Replacement trees. When authorization has been granted to remove protected trees, replacement trees shall be planted. Replacement trees shall meet the specifications set forth in section 4.05.02.

G. Standards for heritage trees.

1. Heritage trees are live oak trees that are twenty-four (24) inches or larger DBH and any other tree thirty (30) inches or larger DBH.


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2. All heritage trees are protected and subject to the standards of this subsection 4.05.05.G. Removal of a heritage tree shall require a permit issued pursuant to the requirements and limitations of subsection 4.05.05.G.6. below.

3. When authorization is granted to remove a heritage tree, the tree shall be replaced on an inch-for-inch basis. (This means, for example, that removal of a twenty-four-inch DBH heritage trees requires the planting of replacement trees with a total DBH of twenty-four (24) inches.) Removal of a heritage tree without prior approval shall require the planting of twice the otherwise-required replacement trees. If replacement trees cannot be planted and maintained on the site, they shall be planted and maintained on such public or authorized private land as directed by the city council.

4. Trees planted for replacement of a heritage tree shall be a minimum of six (6) inches DBH.

5. Exemptions. The following shall be exempt from subsection 4.05.05(G)(2), above, and the tree removal permit requirements of this section:

a. Removal of heritage trees from lots upon which there is an existing, lawfully occupied, single-family detached dwelling (or mobile home), provided that such trees proposed for removal are not located within a wetland or floodplain area, a required buffer, or a preservation, conservation or easement area.

b. The removal of any heritage tree during or following a declared emergency or an act of nature, when the city manager determines that permitting requirements will hamper private or public work to restore order to the city.

c. The removal of any heritage tree which the city manager finds to be in such a hazardous or dangerous condition as to endanger the public health, welfare, or safety and therefore to require immediate removal.

d. The removal of any heritage tree from a utility easement or road right-of-way which the city manager finds to be interfering with the safe and proper use of such easement or right-of-way.

6. Heritage tree removal permits. Application for a permit to remove a heritage tree shall be made on such form, and be accompanied by such information, as the city manager shall reasonably require in order to apply the requirements and limitations of this subsection 4.05.05.G. The city manager shall approve a permit for removal of a heritage tree only if the applicant demonstrates the presence of one (1) or more of the following conditions:

a. Safety hazard. Necessity to remove a tree which poses a safety hazard to pedestrians or other persons, buildings or other property, or vehicular traffic, or which threatens to cause disruption of public services.

b. Diseased or pest infested trees. Necessity to remove a diseased or pest infested tree to prevent the spread of the disease or pests. The need to remove trees because of disease or pest infestation must be determined by a forester with a B.S. degree or higher from a Society of American Foresters accredited college or by an arborist certified by the International Society of Arboriculture.

c. Good forestry practices. Necessity to reduce competition between trees or to remove exotic species and replace them with native species.

d. Compliance with other ordinances or codes. Necessity for compliance with city ordinances and codes, such as building code, zoning district regulations, subdivision regulations, health provisions, and other environmental ordinances.

e. Reasonable and permissible use of property. Tree removal which is essential for reasonable and permissible use of property, or necessary for construction of essential improvements, as provided in subsection 4.05.05.G.7., below.

7. In order for removal of a heritage tree to be essential for reasonable use of property or necessary for construction of essential improvements, it must be demonstrated that no reasonable,


55

economically-feasible, lawful use of the property would be possible without removal of the heritage tree and that removal of the tree is necessary in order to:

a. Provide access immediately around a proposed structure for essential construction equipment, limited to a maximum width of twenty (20) feet from the structure.

b. Provide limited access to the building site essential for reasonable use of construction equipment.

c. Facilitate essential grade changes. Essential grade changes are those grade changes needed to implement safety standards common to standard engineering or architectural practices, and reference to a text where such standards are found shall be required.

d. Make possible the location of driveways, buildings or other permanent improvements. Driveway aisles shall be consistent with other applicable standards.

e. Provide reasonable access to the property.

H. Protection of trees during development activities.

1. Protective measures are required during site development in order to assure the health and survival of protected trees. Protective measures are required to avoid:

a. Mechanical injuries to roots, trunk, and branches;

b. Injuries by chemical poisoning;

c. Injuries by grade changes;

d. Injuries by excavations; and

e. Injuries by paving.

2. A circular tree protection zone shall be established around each protected tree as follows (See Figure 4F):

a. If the drip line is less than six (6) feet from the trunk of the tree, the zone shall be that area within a radius of six (6) feet around the tree.

b. If the drip line is more than six (6) feet from the trunk of the tree, but less than twenty (20) feet, the zone shall be that area within a radius of the full drip line around the tree.

c. If the drip line is twenty (20) feet or more from the trunk of the tree, the zone shall be that area within a radius of twenty (20) feet around the tree.

3. All development activities, except those specifically permitted by subsection 4.05.05.H.5., shall be prohibited within the tree protection zone, including any construction of buildings, structures, paving surfaces, stormwater retention or detention ponds, and temporary construction activities, including all digging, storage of construction material, and parking of construction vehicles.

4. Prior to the commencement of construction, the tree protection zone shall be enclosed within a fence or similar barrier as follows:

a. Wooden posts, at least one and one-half (1.5) inches by three and one-half (3.5) inches, shall be implanted in the ground deep enough to be stable and with at least three (3) feet visible above ground.

b. The wooden posts shall be placed not more than six (6) feet apart, and shall be linked together by a rope or chain.

5. Permitted activities within the tree protection zone:

a. Excavating or trenching by utilities service providers for installation of underground utilities. Underground utilities shall be no closer to the tree than ten (10) feet.

b. Placement of sod or other ground covers, and the preparation of the ground surface for such covers.


56

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

4.05.06. - City tree care; street trees and park trees. A. Definitions.

Street trees: "Street trees" are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues or rights of way with the city.

Park trees: "Park trees" are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.

B. Duties and responsibilities. It shall be the responsibility of the City of Crystal River Public Works Department to develop and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. The written plan shall be reviewed and updated as necessary by the public works department.

C. Street tree species to be planted. The list referenced in chapter 4, table 4.05.02(A) of the Crystal River Code of Ordinances constitutes the official street tree species for Crystal River, Florida. No species other than those included in this chapter may be planted without written permission of the city.

D. Spacing. The spacing of street trees will be in accordance with the two (2) species size classes listed in subsection G., and no trees may be planted closer together than the following: Canopy trees, thirty (30) feet; understory trees, fifty (50) feet; except in special plantings designed or approved by a landscape architect.

E. Distance from curb and sidewalk. The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the size classes listed in subsection G., and no trees may be planted closer to any curb or sidewalk than the following: Canopy trees, two (2) feet and understory trees, four (4) feet.

F. Distance from street corners and fireplugs. No street tree shall be planted closer than thirty-five (35) feet of any street corner, measured from the point of nearest intersecting curbs or curb lines. No street tree shall be planted closer than ten (10) feet of any fire hydrant.

G. Utilities. No street trees other than those species listed as canopy trees in subsection G. may be planted under or within ten (10) lateral feet of any overhead utility line, or over or within five (5) lateral feet of any underground water line, sewer line, transmission line or other utility.

H. Public tree care. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or preserve or enhance the symmetry and beauty of such public grounds.

The public works department may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection of said trees is in accordance with sections G. through K.

I. Tree topping. It shall be unlawful as a normal practice for any person, form, or city department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section at the determination of the city.

J. Pruning, corner clearance. Every owner of any tree overhanging in any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight (8) feet


57

above the surface of the street or sidewalk. Said owners shall remove all dead, diseased, or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign.

K. Dead or diseased tree removal on private property. The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitutes a potential threat to other trees within the city. The city will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within sixty (60) days after the date of service of notice. In the event of failure of the owners to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of removal as a lien on the owner's property.

L. Removal of stumps. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

M. Arborists' license and bond. Any person who has engaged work with the city must first obtain a business license tax permit and provide proof of liability insurance amounting to fifty thousand dollars ($50,000.00) for bodily injury and one hundred thousand dollars ($100,000.00) property damage indemnifying the city or any person injured or damaged resulting from the pursuit of such endeavors as herein described.

N. Penalty. Any person violating any provision of this section shall be, upon conviction or plea of guilty, subject to a fine not to exceed ten thousand dollars ($10,000.00).

(Ord. No. 10-0-15, §§ 1—20, 10-11-2010; Ord. No. 11-0-03, § 3, 3-14-2011; Ord. No. 12-0-22,

§ 3, 9-10-2012; Ord. No. 19-O-08, § 3, 3-11-2019)

4.06.00. - Standards for Mixed Use Development District (MXD). 4.06.01. - Generally. A. It is the purpose of the mixed use development district to provide a location for a mixture of uses

including residential, commercial, office, professional, civic, governmental, educational and cultural uses to serve the adjacent neighborhoods and the city consistent with the scale of adjacent neighborhoods.

B. The mixed use development district shall provide flexible land use and design regulations and allow planned diversification and integration of uses and structures, while retaining to the city the authority to establish limitations and regulations thereon for the benefit of the public health, welfare, and safety. A proposed MXD district shall contain the following:

1. Unified ownership and control;

2. Unified site design; and

3. Provide for a range of ownership types.

C. A MXD district is a zoning district, and shall be applied to a lot or parcel only through the process for rezoning land as set forth in Chapter 10 of the Land Development Code. A rezoning to MXD requires a site plan setting forth the use and design standards proposed for the site. Such site plan becomes legally binding upon approval of the rezoning.

D. A MXD district may be proposed in any location within the Highway Commercial land use category that is not located within the Community Redevelopment Area and the Waterfronts Florida Area as designated on the FLUM. A proposed amendment to the FLUM for the Mixed Use land use category may be made concurrently with a request for a rezoning to the MXD.

(Ord. No. 11-0-17, § 3e, 1-9-2012)


58

4.06.02. - Minimum requirements for a MXD district. A. There shall be no minimum lot size requirements.

B. The MXD shall require unified ownership and/or control.

1. All land included in the rezoning to a MXD district shall be under single ownership, or if under multiple ownership, a joint application for site plan and rezoning shall be submitted.

2. The approved site plan shall be binding on all owners.

3. The applicant(s) shall maintain and provide for unified control of the MXD until the project is complete.

4. Responsibility for unified control may be assigned to an individual or an entity such as a property owner's association, provided that proposed property owners' association documents are submitted demonstrating that appropriate controls are in place following transfer of management responsibility. Association documents shall be acceptable to the city council, and shall be recorded upon approval by the city council.

C. When common property exists within the MXD, the ownership of such common property may be either private or public, and satisfactory arrangements shall be made for the improvement, operation, and maintenance of such common property and facilities, including private streets, drives, service and parking areas and recreational and open space areas. Proposed legal instruments that will provide for the management and maintenance of such common properties and facilities shall be submitted with the application for rezoning and site plan approval. Approval of the site plan shall include the condition that such documents are property recorded.

D. A MXD shall comply with all standards for resource protection set forth in Chapter 3.

(Ord. No. 11-0-17, § 3e, 1-9-2012)

4.06.03. - Use and site design requirements in a MXD district. A. Each mixed use development shall contain a least two (2) distinct uses, such as:

1. Retail and professional office;

2. Retail and residential uses;

3. Professional office uses and residential uses; or

4. Other combinations of allowable uses.

B. The mix of uses based on total floor area (FAR) is calculated for each parcel, lot, or development site based on Table 4.06.03, Mixed Use Ratios.

Table 4.06.03. Mixed Use Ratios

Use Minimum FAR % Maximum FAR %

Residential 25 85

Retail or commercial 10 85

Professional Office 10 85

Education 15 85

Governmental, Public, Civic 15 85

Entertainment 10 45


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C. All mixed use developments shall adhere to the appearance and architectural standards adopted for the Community Redevelopment Area district.

D. All mixed use developments shall include provisions for:

1. Shared access or interconnections.

2. Shared parking facilities.

3. Pedestrian access between buildings and uses.

4. On-site parking for residential uses.

(Ord. No. 11-0-17, § 3e, 1-9-2012)

4.06.04. - Compatibility requirements in a MXD district. The proposed MXD shall be compatible with existing adjacent uses and uses allowable in adjacent

zoning districts. Compatibility shall be based on the following factors:

A. The existing development pattern, considering the street system, lot size, dimension, layout, and blocks.

B. The scale and dimensions of buildings, considering height, length and overall mass.

C. Density and housing type for residential development.

D. Intensity of nonresidential uses, as measured by floor area ratio.

E. Extent, location, and design of off-street parking.

F. Amount, location, design, and direction of outdoor lighting.

G. The extent, type, and location of open space.

H. The location of accessory of structures such as dumpsters, recreational equipment, swimming pools, or other structures likely to generate negative impacts such as noise, lights, or odors.

(Ord. No. 11-0-17, § 3e, 1-9-2012)

4.07.00. - Crystal River Redevelopment Agency (CRA) Overlay District Regulations.


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4.07.01. – Table of Contents.

4.07.00 CRA OVERLAY DISTRICT REGULATIONS

4.07.01 Table of Contents

4.07.02. Purpose and Intent 4.07.03. General to All Development 4.07.04. Building Types A. Cottage B. House C. Two-Family House (Duplex) D. Apartment House E. Rowhouse (Townhouse) F. Neighborhood Corner Store G. Shopfront Building H. Storefront Building I. Cottage Court J. Landmark Building K. Multi-Building & Campus Development 4.07.05 Frontages and Building Elements 4.07.06 Architecture 4.07.07 Parking 4.07.08 Lighting 4.07.09 Uses 4.07.10 Administration 4.07.11 Definitions

Images are illustrative only and are not intended to be binding or regulatory

HOW TO USE THE OVERLAY CODE 1. Familiarize yourself with the structure of this document, which uses tables and graphics as a primary means of

conveying regulations. 2. Review the standards in Sec. 4.07.03 General to All Development, including the CRA overlay district map. 3. Identify your parcel and verify that it is part of the overlay district. If so, continue to #4. 4. If you are constructing a building follow steps (a-d). For all other construction proceed to #5 below.

a. Review Sec. 4.07.04 Building Types, specifically the menu of “types” promoted by this code. b. Select your desired building type (Sec. 4.07.04.A – 4.07.04.J). Though these are depicted as building types, it

might be easier to think of them as “lot types.” i. For a campus or site with multiple buildings review Sec. 4.07.04.K and utilize these standards.

ii. The individual building types from (A) – (J) above are applicable to the site. c. Select an appropriate frontage type from Sec. 4.07.05: Frontages. d. Comply with Sec. 4.07.06: Architecture.

5. Based upon individual need, examine the following standards: a. Sec. 4.07.07: Parking b. Sec. 4.07.08: Lighting c. Sec. 4.07.09: Uses

6. Examine Sec. 4.07.10: Administration for an understanding of the review and approval process. 7. Refer to Sec. 4.07.11: Definitions as needed.


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4.07.02. – Purpose and Intent.

Section 4.07.02: Purpose and Intent

Crystal River seeks to promote new investment, infill development, and revitalization throughout downtown, the waterfront, and the traditional neighborhoods that surround. It is the intent of the regulations contained herein that they will promote and reinforce the following Guiding Principles within the Community Redevelopment Area (CRA). As such, every citizen, landowner, and investor in the district; as well as those responsible for review, implementation, and enforcement of this Overlay should be able to preface each of the following Guiding Principles with the words, “We are enforcing this provision in order to:

A. Guiding Principles – Throughout the CRA:

1. Implement Plans. Implement the City’s Comprehensive Plan and CRA Agency Plan;

2. Focus Growth. Enhance the viability of local businesses by focusing growth in neighborhoods with existing infrastructure and services and the highest assessed value per acre;

3. Consolidate Infrastructure. Establish parking and stormwater standards that encourage investment in the district, while also enhancing the visual character and value of the individual lot (Crystal River Redevelopment Plan, 2015);

4. Protect our Waterways and Natural Resources. Ensure that the health of our river and bay are continually improving, allowing these resources to provide recreational opportunities and an authentic working waterfront that is truly unique.

5. Promote Interconnectivity. Create an interconnected network of streets and pathways that reduces traffic and is safe for vehicles, bicycles, and pedestrians;

6. Mixed Use. Implement mixed-use development to better utilize the existing street network, current land uses, and promote the urban character of the CRA (Comp Plan – FLUE: Goal 3, Objective 3.1, Policy C);

7. Reduce Vehicle Trips. Implement mixed-use development that reduces the need for automobile trips (CRA Plan, 2008); and

8. Predictability. Provide a measure of predictability to property owners and residents about what may be built on their land or that of their neighbors.

B. Guiding Principles – The Neighborhood

1. Walkability. Locate housing, lodging, and businesses nearby, ensuring that the ordinary activities of daily living can occur within walking distance of most residents and visitors; and

2. Build Meaningful Places. Build places of meaning that promote the goals of the community and will stand the test of time.

C. Guiding Principles – The Block and Building:

1. Frame the Streets. Locate and orient buildings so that they contribute to the physical definition of streets as public spaces;

2. Building Context. Reinforce the unique identity of Crystal River by incorporating traditional buildings that are based on local context, climate, and history;

3. Building Types. Encourage a range of building types that are amenable to multiple uses and readily adaptable to changes in the economy, the surrounding community, and the needs of the owner;

4. Landmark Buildings. Ensure that landmark buildings are sited at important locations, and that they promote a form that reflects their civic stature;

5. Local Architecture. Preserve and promote an Old Florida (pre-WWII) "cracker" village community. Such architecture is typically classified as Vernacular Florida Architecture.



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4.07.03. – General to All Development.

Section 4.07.03: General to All Development

A. Boundaries. The boundaries of the Community Redevelopment Area (CRA) Overlay District are conveyed below

and outlined on the official zoning map of the City.

B. Base Zoning. The Community Redevelopment Area Overlay District (CRAOD) overlays nine (9) current zoning districts that are referred to as “base zoning.”

C. State and Local Codes. 1. Except where

specifically addressed herein, the standards of the underlying zoning district shall apply. In the case of conflict, the standards of the CRAOD shall take precedent.

2. In the case of conflict between the standards of the CRAOD and those contained elsewhere in the Crystal River Municipal Code, the standards contained in the CRAOD shall always prevail.

3. Development must comply with all state and local building codes.

D. Creating Streets. New or improved public or private vehicular rights of way, easements, access-ways, and driveways that:

1. Will front a building type depicted in this overlay; or

2. Are necessary to maintain, or establish an uninterrupted and interconnected network of blocks and streets…

….shall, to the maximum extent practicable, be designed as complete (multi-modal) thoroughfares that incorporate on-street parking, sidewalks, lighting, plantings, streetscape elements (furniture, wayfinding signage, etc.), terminating vistas, and where appropriate, bicycle lanes.

E. Dead-End Streets and Cul-de-Sacs. New dead-end streets and cul-de-sacs shall not be permitted.

F. Terminated Vistas. In order to improve spatial definition and orientation on each street, terminated vistas shall be encouraged using buildings, civic spaces, traffic calming devices, statues, ornamentation, or natural features.

G. Traffic Calming. To the maximum extent practicable traffic calming infrastructure such as on-street parking, at-grade intersections, medians, chicanes, material changes, and other vertical and horizontal elements shall be encouraged.

H. Lot Frontage. The primary frontage of a lot shall be located along one of the following:

1. A thoroughfare right-of-way;



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2. A thoroughfare with development on one side and civic space on the other (See diagram below);

3. Directly upon a civic space in which there is no thoroughfare located between the primary frontage and the civic space (see diagram below); or

4. Directly upon a pedestrian passage or rear alley / lane, when approved by the supervisory planner (see diagram below).

I. Reverse Frontage Lots. Reverse frontage lots shall be prohibited; Arterials, collectors, and local streets shall be incorporated into the structure of all future blocks, with access to the first tier of lots provided directly from the thoroughfare, a perpendicular street, or a rear alley / lane.

J. Rear Alleys and Lanes. Rear alleys and lanes shall be provided along the rear property lines of:

1. newly platted lots that are part of a block face with an avg. lot width of 55 ft. or less at the front lot line; or

2. 3 or more adjacent previously platted lots, one of which is a corner, and one of which will be developed.

K. Build-to-line Exceptions. The Supervisory Planner may grant an exception to the required build-to line:

1. in order to avoid trees with a caliper greater than 12” DBH, in the case of an irregularly shaped lot, or where existing adjacent buildings are set behind the required build-to-line (the building may be set to align with the façade of the front-most adjacent property).

2. on lots within the Downtown Commercial Waterfront Overlay District (DCWOD) in which one or more buildings will be oriented toward the water:

a. the water and/or street may serve as the public ROW upon which the lot shall front, and which buildings and structures shall address as the front facade;

b. on the water, the mean high-water line shall serve as the front property line.

c. In the case of a double-frontage lot (extending from the water to the street) both the water and the street shall be considered to be the “front” of the lot.

i. Buildings and structures shall address both the water and the street as a front façade with appropriate frontage elements, architecture, landscaping, etc.

ii. Parking areas may be permitted to the side, rear, or beneath a building, but shall not be permitted to locate in the area between the building’s (front) façade and the water or the area between a building’s (front) facade and the street.

iii. To the maximum extent practicable buildings and structures, and not parking areas shall abut the water and the street. If a side or rear parking area must abut the water or the street, pedestrian-friendly elements, ornamentation, and landscaping shall be implemented in order to establish a vertical edge and lessen the impact or void (i.e. trellises, pergolas, fences and walls, plantings).

3. All other standards in the overlay district and LDC shall be adhered to.

Primary frontage located across the street from a civic space.

Primary frontage located directly upon a civic space.

Primary frontage located upon a rear alley.


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L. Exceptions to the Impervious Surface Ratio (ISR) Requirement. Development in the CRA Overlay District (CRAOD), including the Downtown Commercial Waterfront Overlay District (DCWOD), shall not exceed the maximum ISR for the underlying zone (Table 4.02.01.G. Design Standards for Lots) or district (4.08.02. Design Criteria), except where the proposal is consistent with the Purpose and Intent (4.07.02) of the CRAOD, the following building types may be allowed:

1. Rowhouse Building. Where permitted, the lot may have a maximum ISR of 85% “by-right”.

2. All Other Building Types. Where permitted, the lot may receive a variance from the Planning Commission for an ISR that is equal to or less than the maximum Building Coverage.

M. Building Height.

1. Determining Overall Building Height.

a. Building height shall be measured by number of stories (floors). Building height shall be measured by the number of stories (floors) from the finished grade adjacent to the building exterior (or where the minimum flood elevation is established, from the required min. flood elev. plus one ft.) to the highest point of coping of a flat roof, top of a mansard roof, or highest point of the highest pitched roof. A habitable ground floor use (except parking, storage, or similar) shall count as the first floor.

b. Number of Stories Permitted. The maximum number of stories (floors) is determined by building type. Standards for Building Types are located in Section 4.07.04.

c. Relationship to Underlying Zoning. A building’s height, as measured in stories, shall not exceed the maximum number of feet permitted in the underlying zoning district, including those permitted for the Downtown Commercial Waterfront Overlay District (DCWOD).

d. Appurtenances. Appurtenances may extend beyond the maximum permitted building height, as measured in both stories and feet. Design and dimensional standards for architectural, mechanical, and structural appurtenances are conveyed in Section 4.07.06. (Architecture).

2. Determining the Height of Each Story. Maximum ground floor height and upper story height is determined by building type, provided as a range based on residential and non-residential uses, and measured finished floor to highest point of the finished ceiling.

3. ½ Story. A 1/2 story is the top floor of a building that has a maximum exterior wall height not to exceed 6 feet, creating a sloped ceiling on the top level of the structure. Dormers may be used to provide egress windows as required by the Florida Building Code (see diagram below).

4. Ground Floor Finish Level. Minimum and maximum ground floor finish level (measured from adjacent finished grade) is established by building type. Where maximum ground floor finish level exceeds the permitted height, the undercroft (basement, crawl space, or storage area) shall count as a story.

5. In Ground Basement. In ground basements with an exterior exposed wall greater than five feet tall (measured from adjacent finished grade to the finished floor of the story above) shall count as a story.

N. Mixed-Use.

1. Two or more uses identified in Table 2.03.02. (Permitted Uses) may occupy the same lot or bldg. If a Use is specifically defined (with or without supplemental standards) in Section 4.07.09 (Uses), the definition and standards of Section 4.07.09 shall apply.

2. Residential Uses in All Zones. Within the underlying zoning districts that comprise the CRA all “Residential” land uses in Table 2.03.02. (permitted uses) shall be permitted “by right”, except:

½ story depicted.


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a. Residential Waterfront (RW). Residential uses shall be limited to “Single-family dwelling units.”

b. Downtown Commercial Waterfront Overlay District. Residential uses shall be limited to “Multiple-family dwelling units 2 + units (duplexes, apts., condos, rowhouses, and the like).

3. Mixed-Use Residential / Non-Residential Buildings. A non-residential use (i.e. Retail & Restaurant) shall occupy the first floor space of a unit that fronts the street; with areas to the rear, side, or above occupied by Offices and Services and / or Residential uses.

O. Landscaping. Native plants are preferred. Xeriscape plants and features; water features; natural materials indigenous to the Crystal River area; Florida fieldstone or other stone native to the region; antique and simulated antique paver bricks and stones; landscaping timbers, palm logs, and similar materials; exterior lighting is consistent with the statement of Intent identified in 4.07.06.(Architecture); and benches and other site amenities in which the overall design is consistent with a "fishing village" theme and which are consistent with the style of architecture of the principal structure.

P. Signage. The city-wide sign code shall be adhered to along with the following:

1. Compliance with the City of Crystal River CRA Sign Color Chart;

2. Compliance with the statement of Intent identified in 4.07.06. (Architecture) of this document.

3. Fonts. San-serif fonts as main feature text.

4. Materials. The color, construction and material of each sign should be compatible with the architecture on the site. Routed wood signs are acceptable and should be similar to the building colors and materials. Gingerbread trim, metal ironwork and decorative finishes are acceptable design elements and are encouraged.

5. Design Specifications.

a. Every sign frame or support shall be designed as a sympathetic architectural element of the building to which it is principally related.

b. All signage on the building fascia shall be routed wood signs.

c. All signs shall be illuminated externally.

d. All signs must be dimensional.

e. All signs shall be reviewed for conformance with these specification and overall design quality.

6. Prohibited.

a. Neon paint

b. Cabinet signs.

c. Signage illumination that includes flashing, moving or scintillating effects.

d. Except for Wall Mural Signs (4.07.06. Architecture – Permitted Materials) signs shall not be painted directly onto the building.

Q. Utilities. To the maximum extent practicable, all utility connections for new development, including, but not limited to electric, phone, cable, etc., shall be placed underground.

R. Light Impact Materials. The supervisory planner may approve the use of energy efficient and sustainable surfacing materials on streets, alleys/lanes, parking areas, and pathways if:

1. They provide an alternative means of stormwater compliance,

2. They are contextual to their surroundings (see Light Imprint Handbook – Integrating Sustainability and Community Design. v-1.3. DPZ-Charlotte. New Urban Press. 2008); and

3. They meet or exceed state of Florida and SWFWMD stormwater requirements.


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4.07.04. – Permitted Building Types.

Permitted Building Types

Building Types Permitted in the CRA Overlay District

Cottage

House

Two-Family House (Duplex)

Apartment House

Rowhouse (Townhouse)

Neighborhood Corner Store

Shopfront Building

Storefront Building

Cottage Court

Landmark Building (Post Office)

Landmark Building (Crystal River Middle School)

Multi-building & Campus Development



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4.07.04.A. – Cottage.

Cottage A Cottage is a compact, detached structure on a small lot that incorporates one unit. This type is residential in form, allowing for appropriately scaled, well-designed housing within a primarily single-family, walkable neighborhood. Frequently located downtown, the Cottage may also be appropriate for low intensity retail, service, and office uses if the surrounding street or district is commercial in function, yet residential in form.

Lot:

Lot area No min.

Lot width 35 ft. min.; 50 ft. max.

Build-to-line location Interior lots:

10–20 ft. from front property line.

Corner lots:


5–15 ft. from side street property line.

Side setback Primary and Accessory Structure: 5 ft min.

Water Ad.: 25 ft. min. (double fronted bldg. required)

Rear setback Primary and Accessory Structure: 5 ft. min.

Water adj.: 25 ft. min. (double fronted bldg. required)

Lot coverage 50 percent max.

Permitted zoning districts:

by right: R2, R3, NBR, CG, CH,

by Variance: RW, R2 (water adj.), PI

Building facade 30–80 percent of lot frontage.

Dwelling area 700 sq. ft. min.

Height:

Building height Main Building: 1 ½ stories max.; ADU: 2 stories max.

Bldgs. mustn’t exceed max. height for underlying zone.

Story height Ground floor:

Residential: 12 ft. max.

Non-residential: 10 ft. min., 12 ft. max.

Ground floor finish level 2 ft. above grade, min.

5 ft. above grade, max.

Supervisory planner may permit exceptions to the max. finish level in order to comply with min. flood elevation.

Required Frontage:

A Cottage shall have a front porch (may be waived and replaced by a stoop if approved by supervisory planner).

Use:

Where the underlying zoning is R2, R3, and RW this building type / lot may only house Single-family dwelling units, as defined in Section 2.03.02. (Table of Permitted Uses) and Home Occupations, as defined in Section 4.07.09. (Uses). Otherwise, this building type / lot may house all permitted non-residential uses in the CRA Overlay District, as defined in Section 4.07.03.I. (Mixed-Use).



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4.07.04.B.– House.

House The House is a medium-sized detached structure on a moderate-sized lot that incorporates one unit. It is typically located in a walkable single-family residential neighborhood, potentially in or near the downtown. While primarily used for single-family housing, this type is appropriate for bed and breakfast lodging, as well as low intensity offices, and services.

Lot:

Lot area No min.




Corner lots:







Lot coverage 50 percent max.


by right: R2, R3, NBR, CG, CH,

by Variance: RW, R2 (water adj.), PI


Dwelling area 800 sq. ft. min.

Height:






Upper story: 8 ft. min., 12 ft. max.




Required Frontage:

A house shall have a front porch (may be waived and replaced by a stoop if approved by the supervisory planner).

Use:

Where the underlying zoning is R2, R3, and RW this building type / lot may only house Single-family dwelling units, as defined in Section 2.03.02. (Table of Permitted Uses) and Home Occupations, as defined in Section 4.07.09. (Uses). Otherwise, this building type / lot may house all permitted non-residential uses in the CRA Overlay District, as defined in Section 4.07.03.I. (Mixed-Use).



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4.07.04.C. – Two-Family House (Duplex).

Two-Family House (Duplex) The Two-Family House consists of two side-by-side or stacked dwelling units. The Type is designed to appear as a single-family home and provide additional housing options for predominantly single-family neighborhoods. The Type may also be appropriate for low intensity retail, service, and office uses if the surrounding street or district is commercial in function, yet residential in form.

Lot:

Lot area No min.




Corner lots:







Lot coverage 45% max.; CW 85% max.


by right: R2, R2 (water adj.), R3, NBR, CW, CG, CH, PI


Dwelling area 700 sq. ft. per unit min.

Height:










Required Frontage:

The principal entrance to a unit shall be accessed via a porch or stoop (if approved by the supervisory planner).

Use:

Where the underlying zoning is R2 or R3 this building type / lot may only house Multiple-family dwelling units 2 + units, (duplexes) as defined in Sec. 2.03.02. (Table of Permitted Uses) and Home Occupations, as defined in Section 4.07.09. (Uses). Otherwise, this building type / lot may house all permitted non-residential uses in the CRA Overlay District, as defined in Sec. 4.07.03.I. (Mixed-Use).



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4.07.04.D. – Permitted Building Types.

Apartment House The Apartment House consists of three to twenty side-by-side and/or stacked dwelling units, typically with a shared first floor front entryway. This Type provides multi-family housing and group living options within a moderate to medium-density residential neighborhood, yet, often appears as a large single-family home. The Type may also be altered and used for traditional lodging functions.

Lot:

Lot area No min.

Lot width 50 ft. min.; 150 ft. max. (may be plotted individually as part of a single parcel, Multi-Building Development)



Corner lots:









by right: R2, R2 (water adj.), R3, NBR, CW, CG, CH, PI



Height:

Building height Main Bldg: 2 stories min.; 4 stories max.

ADU: 2 stories max.

Story height Ground floor: 14 ft. max.


Ground floor finish level 2 ft. above grade, min.; except ground floor lobbies and common areas in multi-unit buildings may have a 0” – 6” min.



Required Frontage:

An Apartment House shall have one or more of the frontage elements depicted in 4.07.05. (Frontages).

Use:

This building type / lot may only house Multiple-family dwelling units 2 + units (apartments, condominiums, and the like) as defined in Section 2.03.02. (Table of Permitted Uses); exception: Hotel or Motel uses shall utilize this building type if permitted by the underlying zoning district in Section 2.03.02. (Table of Permitted Uses).



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4.07.04.E. – Permitted Building Types.

Rowhouse The Rowhouse is a small to medium-sized attached structure consisting of three to eight side by side dwelling units. This Type is typically located within a medium density neighborhood, and often provides the transition between detached single-family housing and the mixed use main street. While residential in form, this Type may be used for live-work and similar medium intensity retail, service, and office uses.

Lot:

Lot area No min.

Lot width 60 ft. min.; 200 ft. max. Dwelling width: 16 ft. min.



Corner lots:







Lot coverage 85% max.


by right: R2 (not water adj.), R3, NBR, CW, CG, CH



Height:

Building height Main Building: 2 stories min.; 3 ½ stories max.

ADU: 2 stories max.





Ground floor finish level First Floor Residential: 2 ft. above grade, min., 5 ft. max.

First Floor Non-residential: 0” – 6” above grade, max.


Required Frontage:

Each individual Rowhouse shall be accessed via a porch or stoop.

Use:

Where the underlying zoning is R2 or R3 this building type / lot may only house Multiple-family dwelling units 2 + units (rowhouses) as defined in Section 2.03.02. (Table of Permitted Uses). In all other zones where this building type / lot is permitted, the building may also house a Live-work Townhouse with Home Occupation, as conveyed in Section 4.07.10 (Uses).



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4.07.04.F. – Permitted Building Types.

Neighborhood Corner Store The Neighborhood Corner Store is a small to medium-sized structure that sits on a corner facing lot at a prominent intersection. The Type contains a ground floor shopfront located along the sidewalk at street level. The Type is typically found within a residential neighborhood in a walkable urban setting. This Type may be mixed-use with a residential or office space located behind, to the side, or above the shopfront.

Lot:

Lot area No min.




Corner lots:









by right: CG, CH, CW

by variance: NBR


Dwelling area (Main Building) 700 sq. ft. per unit min.

Height:


Story height Ground floor: 10 ft. min., 14 ft. max.


Ground floor finish level Residential form: 2 ft. above grade min.; 5 ft. max. Commercial form: 0” – 6” above grade, max. A Corner Store shall be commercial in form, except where approved by the Supervisory Planner.


Required Frontage:

A Neighborhood Corner Store shall have one or more of the frontage elements depicted in 4.07.05. (Frontages).

Use:

First Floor: This bldg. type shall house a non-residential use as defined in Sec. 2.03.02. (Table of Permitted Uses). First Floor Rear, Side, and Upper Stories: In those areas not occupied by the first-floor storefront, this building type may house all permitted uses in the CRA Overlay District, as defined in Sec. 4.07.03.I. (Mixed-Use).



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4.07.04.G. – Permitted Building Types.

Shopfront Building The Shopfront Building is a small to medium-sized attached or detached structure of one, two, or multiple stories with a storefront treatment that most often accommodates commercial uses. The front façade is typically flat, often with a canopy or awning frontage. The entry may be recessed. As one of many buildings that comprise a mixed-use mainstreet, this Type conveys a variety of styles, while not overshadowing the architectural rhythm of the block.

Lot:

Lot area No min.




Corner lots:



Side setback Primary Structure: 0 ft.; Accessory Structure: 5 ft. min.

Water Adj.: 25 ft. min. (double fronted bldg. required)



Lot coverage 85% max.


by right: CG, CW

by variance: NBR, CH



Height:

Building height Main Bldg: 3 stories max. or 4 in CW; ADU: 2 stories max.



Ground floor finish level 0” – 6” above grade, max.


Required Frontage:

A Shopfront Building shall have one or more of the frontage elements depicted in 4.07.05. (Frontages).

Use:

First Floor: This bldg. type shall house a non-residential use as defined in Sec. 2.03.02. (Table of Permitted Uses) and Sec. 4.07.09 (Uses). First Floor Rear and Upper Stories: In those areas not occupied by the first-floor non-residential use, this building type may house all permitted uses in the CRA Overlay District, as defined in Sec. 4.07.03.I. (Mixed-Use).



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4.07.04.H. – Permitted Building Types.

Storefront Building This building type is a small to large-sized detached structure of one to two stories with a storefront treatment that most often accommodates commercial and manufacturing. Inspired by the local vernacular, including the City’s coastal and maritime heritage, the front façade is typically flat, often with a canopy or awning frontage. This Type is a primary component of both a mixed-use urban district and highly activated multi-modal corridor.

Lot:

Lot area No min.




Corner lots:







Lot coverage 75 % max.; CW 85% max.


by right: CG, CH, CW

by variance: PI, NBR



Height:

Building height Main Bldg: 3 stories max. or 4 in CW; ADU: 2 stories max.



Ground floor finish level 0” – 6” above grade, max.


Required Frontage:

A Storefront Building shall have one or more of the frontage elements depicted in 4.07.05. (Frontages).

Use:

First Floor: This bldg. type shall house a non-residential use as defined in Sec. 2.03.02. (Table of Permitted Uses) and Sec. 4.07.09 (Uses). First Floor Rear and Upper Stories: In those areas not occupied by the first-floor storefront, this building type may house all permitted uses in the CRA Overlay District, as defined in Sec. 4.07.03.I. (Mixed-Use).



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4.07.04.I. – Permitted Building Types.

Cottage Court The Cottage Court consists of a series of small cottages on a single lot. The cottages are arranged to define a shared (central) court that is typically open to, and perpendicular to the street. The Type functions much like an Apartment House, only the units have been de-centralized and sited around a green or plaza, which takes the place of a private rear yard and becomes an important community enhancing space. This form allows a variety of uses to occupy a single-lot.

Lot:

Lot Proportions Lot Width and Lot Depth: 75 ft. min., 150 ft. max.

Lot Setbacks Front/Street: 0-10 ft. Side and Rear: 5 ft. min.

Building Setbacks Common Court to Front of Building: None

Side yard Spacing Between Primary Buildings: 10 ft. min.

Lot Coverage 75% max.

Dwelling Area 700 sf. min.

Lot coverage 75 % max.; CW 85% max.


by right: CG, CH, CW by variance: NBR



Height:

Building height 2 ½ stories max.



Ground floor finish level Residential form: 2 ft. above grade min.; 5 ft. max. Commercial form: 0” – 6” above grade, max. A Cottage Court shall be residential in form, except where approved by the Supervisory Planner.


Buildings:

Buildings per lot 3 min.; 9 max.

Units per lot (multiple rooms may comprise unit) 3 min.; 9 max.; attached units permitted

When used for B&B Bldgs. per lot: 3 min.; 9 max.; Units per lot: 3 min.; 18 max.

Courtyard:

Area 400 sf. min.

Proportions Depth: 20 ft. min. Width: 20 ft. min.

Required Frontage:

Buildings shall have a front porch (may be waived and replaced by a stoop if approved by supervisory planner)

Use:

First Floor and Upper Stories: This bldg. type may house residential (Single-family and Multiple-family dwelling units 2 + units) or non-residential uses (B&B, Resort Housing, retail, arts, etc.) as defined in Sec. 2.03.02. (Table of Permitted Uses) and Sec. 4.07.09 (Uses). The first floor of a single unit in a Cottage Court may be predominantly residential or non-residential. The first floor of all other units shall be the same. ADU’s are prohibited with this Type.



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4.07.04.J. – Permitted Building Types.

Landmark Building Landmark Buildings are designed for occupancy by public or commercial uses that provide important services to the community, including recreation, education, safety, assembly, and related functions. They contribute significantly to the quality of the neighborhood and often serve as the focal point of a civic space, terminate a vista, or are placed at a prominent location. The architectural quality and construction of a Landmark Building shall be of the highest level and exceed that of nearby buildings.

Applicable Uses:

Landmark Buildings (and facilities) are traditionally designed as freestanding, “monumental” structures that evoke pride in one’s community and convey a sense of timelessness. Landmark buildings that draw inspiration from an existing building type may be attached and integrated into the streetscape or urban fabric.

Landmark buildings and facilities shall include the following uses as conveyed in Table 2.03.02. (Permitted Uses).:

1. Clubs, community centers, lodges, nonprofit and professional associations;

2. Government offices and/or maintenance facilities, including recycling collection centers;

3. Libraries;

4. Recreation centers, indoor/outdoor (public or non-profit);

5. Recreation, activity based, resources based, or passive (public or non-profit);

6. Religious uses and facilities;

7. Schools, academic; and

8. Theaters and auditoriums

Review Process:

Design and Disposition (Dimensional Standards) All Landmark Buildings shall be negotiated on a case-by case basis with the supervisory planner prior to application.

Landmark Building Location:

These criteria should be considered when determining location within the community, on the block, and on the lot: 1. Primary function; 2. Perceived level of importance to the community; 3. Desired level of formality; and

4. Sense of permanence. Location within the Community and Block

Buildings shall be sited at prominent locations and oriented toward a public street or public space in a manner that:

1. Provides a corner or midblock terminating vista; 2. Anchors a civic space; or 3. Fronts a street and civic space.

Location on the Lot (Setback)

Landmark Buildings often benefit from being set back from the adjacent build-to lines of private development, thereby:

1. Allowing the building’s scale to have more visual impact; AND 2. Creating a public space in the foreground.

The setback should be determined based on programming and the urban design objectives of the particular site.

Multiple Buildings / Campus-like Setting Development shall comply with Sub-section 4.07.04.K. (Multi-building & Campus Development).



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Landmark Building (continued)

Vehicle Access and Parking:

To the maximum extent practicable: 1. Parking shall not be located between a principal or secondary façade and a primary or secondary street; 2. Parking requirements for the site shall be met with on-street parallel and angled parking spaces, or via a

remote parking lot or structure; 3. Parking shall be accessed from a side street or alley; 4. Parking drives and access shall be shared with adjacent lots; and 5. Drop-off, pick-up, and stacking for the site shall occur on or along a public street (may be privately owned).

If the building is sited in a civic space, vehicular access shall be limited to service and emergency vehicles utilizing pedestrian walkways of sufficient width and construction (often with bollards).

Building Design:

Facades and Entrances

A façade that fronts a primary street shall considered to be the building’s “principal façade,” and a façade that fronts a secondary street shall be the building’s “secondary façade”.

1. The principal façade shall be designed to be the most prominent façade of the building.

2. Building entrances shall always take access from the most prominent façades.

Additional entrances may be provided along secondary and axillary facades.

Required Frontages

Building fronts shall have at least one of the following: 1. Porch; 2. Stoop; 3. Gallery; 4. Colonnade or arcade; 5. Terrace; 6. Marquee (horizontal or vertical); 7. Canopy or awning; or 8. Balcony, in addition to any of the above.

Massing

The building shall promote the following characteristics: 1. Symmetrical in form. 2. The appearance of a balanced design increases the level

of formality and shall be encouraged. 3. Massing for the entire structure should be divided into

visually distinct sections. 4. Massing divisions should provide visual order to the

building and create vertical proportions within individual elements.

5. On corner lots Landmark Buildings shall be designed with two façades of equal, though not identical architectural quality.

6. Landmark Buildings located in a civic space shall be designed with four façades of equal, though not identical architectural quality.

Scale:

Size In order to be more visually prominent across greater distances, the scale of the building should be larger than that of nearby buildings.

Building Height 3 stories max. 48 ft. above grade, max. (excluding appurtenances). Must comply with min. flood elevation.


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Story Height Floor-to-ceiling heights and architectural details should be proportionately larger than those of nearby private buildings.

Roof Appurtenances Spires, towers, cupolas, and belfries can visually extend the height of the building and shall be incorporated when practicable.

Materials:

Buildings shall use durable, high quality materials that convey a sense of permanence; including, but not limited to: brick, stone, and cast concrete. Wood construction is appropriate but should only be executed with high quality framing and cladding materials. Generally, stucco should be avoided as a material that lacks scale and texture. If used, stucco should have integral pigment and be scored to define human-scaled dimensions on the façade. Specific to Churches and Places of Worship (Religious Uses and Facilities):

In addition to the above standards, Churches and Places of Worship shall: 1. Traditional Design. A church should be easily identifiable with timeless features such as bell towers, steeples,

clearstory windows, and stained glass integrated into the design. Traditionally designed buildings can be navigated easily based on intuition without much signage. For example, if a sign or large symbol (e.g. cross) is needed to identify the sanctuary then the design can be improved.

2. Vertical Massing. The scale of the sanctuary should not overwhelm the block. Building features such as arches, columns, pilasters, rooflines (including dormers), and masonry patterns shall divide and create a vertical orientation on larger surfaces. Once these proportions have been established, windows (including clearstory) and doors shall reinforce the vertical orientation of the composition.

3. Be Transparent. Being able to see and hear a little bit of what's going on inside makes a church seem less intimidating and peeks the interest of those passing by. This is the same principal as “window-shopping,” only adapted to a church. It is not uncommon for people to join a service after hearing music wafting through the doors of a church.

4. Define Entrances. The church’s buildings should be open and inviting, with a clear sense of where to enter. In no case shall a church’s side doors function as a primary entry point.

5. Entrances Close to Pedestrians. Use frontage elements such as porches, stoops, galleries, arcades, and canopies to bring the church up to the street or public space, while still providing an area for people to gather.

6. Doors. Church doors should be prominent and inviting. 7. Parking. Parking lots disrupt the neighborhood fabric and discourage members from walking to and from

church, resulting in less patronage of local shops and cafes. Parking should be on-street, or shared with other commercial or institutional buildings in the vicinity.

8. Create a Community Focal Point. Add neighborhood- friendly features such as athletic fields, tennis or basketball courts, a playground, an outdoor amphitheater, etc.

9. Permeable Campus. Churches that span more than one block shall ensure that their campus is permeable, allowing people to walk through the property using multiple routes.


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4.07.04.K. – Permitted Building Types.

Multi-building & Campus Development Multi-building and campus developments are comprised of individual building types found within this code (4.07.04.A-J). The standards shall supplement (or in the case of conflict, supersede) the following provisions:

1. 4.02.04. Design standards for large-scale multi-family development.

2. 5.05.11. Commercial Centers. The building types found in the CRA overlay shall be utilized when assembling a multi-building and campus development.

Site Planning:

To the maximum extent practicable a campus or site with multiple buildings shall:

1. Maintain or establish an uninterrupted and interconnected network of blocks, streets, and alleys as conveyed in Section 4.07.03. (General to All Development);

2. Design all public or private vehicular rights of way, easements, access-ways, and driveways that are internal to a site as complete (multi-modal) thoroughfares that incorporate on-street parking, sidewalks, lighting, plantings, streetscape elements (furniture, wayfinding signage, etc.), terminated vistas, and where appropriate, bicycle lanes.

3. Configure and locate buildings to define street edges, development entry points, and spaces for gathering between buildings;

4. Frame and enclose parking areas, public spaces, and site amenities on at least three sides; and

5. Locate public gathering spaces at prominent corners.

Building Orientation:

The building façade containing the primary entrance shall be the principal façade. To the maximum extent practicable:

1. Perimeter and interior buildings shall be oriented so that the principal facade faces a public street or public space (street or space may be privately owned); and

2. Tenet buildings or outparcel buildings shall “wrap” the overall site, establishing a walkable street frontage. Generally, and where applicable, buildings shall be sited at prominent corners first.

Parking:

There shall be no parking between a building and the street that it fronts, except: 1. “On-street” parallel or angled parking; or 2. Conventional “front-loaded” parking lots are permitted for buildings with footprints >35,000 sf. provided:

a. The building and parking are sited internal to the lot / block; b. The building and parking are constructed as part of a larger, multi-building project as conveyed and depicted

above; c. The facility and parking are “wrapped” by perimeter buildings as conveyed and depicted above; and

d. The “front-loaded” parking area abuts a “rear” or “side-loaded” parking area for one or more perimeter buildings on the site (See Diagram above). If possible, this parking shall be shared.

Street Trees:

All internal streets shall contain regularly spaced street trees planted a min. of 30 ft. o.c. avg.

Pedestrian Walkways:

Pedestrian walkways internal to a multi-building or campus site shall: 1. Connect the site and all buildings with the larger pedestrian network that surrounds; 2. Be provided for the full length of any building facade with an entryway, or that faces “off-street” parking; and 3. Provide crosswalks at all intersections and other street crossings (both internal and external to the site) where

a high-level of pedestrian movement is anticipated.



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4.07.05. – Frontages and Building Elements

Frontages

Porches and Stoops Porches and stoops provide outdoor living space. Often, they provide protection from the sun, while still permitting breezes to infiltrate the body of the building. They provide architectural interest and delineate the building’s entrance. This type is appropriate for residential building types with small setbacks. Typically, the porch or stoop is located in the build-to-zone as close to the sidewalk as possible. It is elevated to ensure privacy within the building from those passing by. Stairs may lead directly to the sidewalk or may be side-loaded.

Porch Porch with Stoop Veranda

Dimensional Standards:

Depth Porch = 8 ft. min.; Stoop = 4 ft. min.; 8 ft. max.

Length Porch = 25% to 100% of building front; 10 ft. min. Stoop = 5 ft. min.; 8 ft. max.

Height, Clear = 8 ft. min.

Height = 2 stories max. Porches and stoops may have multi-story verandas and / or balconies above.

Finish Level Above Grade = 2 ft. min.; 5 ft. max. (no more than 8” below first interior finished floor level).

Porches and stoops may occur forward of the build-to line, but shall not extend into the right-of-way. They may extend into the ROW upon the approval of the supervisory Planner and City Council.

Stairs may extend forward of the build-to line into the right-of-way, or upon a utility easement if constructed of non-masonry, breakaway materials. Full sidewalk clearance shall be maintained.

Porches shall be un-airconditioned, with screens or similar enclosures on front porches prohibited.

Galleries, Colonnades, Arcades, and Terraces

This frontage is associated with commercial uses, and is permitted to encroach upon the setback, or even into the right of way over the sidewalk. The space allows one to window-shop or dine in a shaded environment that also captures breezes. The frontage provides architectural interest and delineates the building’s entrance. Upper stories may be enclosed, providing livable bonus space for occupants.

Gallery 2 story Colonnade / Gallery Arcade


Depth Gallery = 8 ft. min. from front wall of building to the inside column face. Colonnade / Arcade = 10 ft. min. from front wall of the building to the inside column face.

Length = 75% to 100% of bldg. front. On corners, may wrap around the side of bldg. facing the side street.

Height, Clear = 10 ft. min.

Height = 2 stories max. Additional stories may be permitted by the supervisory planner. Colonnades and Arcades have 2 or more stories, with upper stories enclosed as habitable space.

Finish Level Above Grade = 0” – 6” max.



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Galleries, Colonnades, Arcades, and Terraces may occur forward of the build-to line, but may only extend into the right of-way (to within 2 ft. of curb) upon the approval of the supervisory planer and City Council.

In order to address changes in grade, and upon approval of the supervisory planner, a Terrace may be utilized in lieu of a Gallery at a min. depth = 10 ft., min. length = 75% to 100% of the building front (may wrap bldg. on street side).

Balconies

A balcony is connected to a building’s upper stories and is supported by either a cantilever or by columns on one side. This type is appropriate for residential and commercial buildings with small setbacks. Typically, the balcony is located forward of the build-to-zone over the sidewalk. It allows occupants of the building to experience the activities of the street while also providing significant privacy from those passing by.

Balcony Covered Balcony


Depth 2nd Story = 5 ft. min.; Upper Story = 3 ft. min.

Length = 25% to 100% of building front; 5 ft. min.

Height, Clear = First floor residential = 9 ft. min. First floor non-residential = 10 ft. min.; 8 ft. min with suspended signage. Support brackets are exempt.

Balconies shall occur forward of the build-to line and may encroach over the right-of-way to within 2 ft. of the curb.

Balconies shall be made of wood or metal and may have roofs, but shall be open, un-airconditioned spaces.

Balconies in the rear of the building may have screens.

Balconies should be supported from below by visible brackets, scaled as if they are supporting the weight of the mass, or from above by suspension cables or chains.

On corners, balconies may wrap around the side of the building facing the side street.

Marquees, Canopies, and Awnings

A permanently roofed architectural projection whose sides are either vertical or horizontal and are supported entirely from an exterior wall of a building. This frontage is typically used for the display of signs. Horizontal marquees, canopies, and awnings provide shade from the sun, as well as enhanced weather protection for both the building and the passerby.

Canopy Awning

with sign


Depth = 5 ft. min.

Length = 25% to 100% of building front.

Height, Clear = 8 ft. min. (including suspended signage).

The above requirements apply to the 1st floor only. There are no dimensional requirements for marquees, canopies, and awnings above the 1 st floor.

Sign copy on marquees, canopies, and awnings on 2nd story windows is not permitted.

Marquees, canopies, and awnings shall occur forward of the build-to line and may encroach over the right-of-way to within 2 ft. of the curb.

The top of each awning shall be at the same height as the top of each opening below.

Awnings shall be made of fabric. Vinyl and high-gloss or plasticized fabrics are prohibited.

Backlit awnings are prohibited.


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Drive-Through Facilities

Retail, Restaurant, and Service uses with a drive-through facility shall comply with the following standards:

1. Building Location and Circulation. The standards established in this overlay district for building types and parking shall apply. In no case shall a vehicular access way, driveway, or off-street parking area be permitted between the front façade of the building and the frontage street; or in the case of a corner lot, between the side façade of the building and the side street. Exception: buildings with a footprint in excess of 35,000 sf. that comprise a multi-building or campus development (See Section 4.07.04.k).

2. Access. Parking areas and drive-through facilities are permitted on corner lots and mid-block lots. The parking area and drive-through facility shall be located to the rear of the building and/or the interior side of the building. Buildings that have both rear and side access shall access the parking area from the rear. Front access to a rear or side parking area (with drive-through) is permitted only where rear or side street access is unavailable.

3. Configuration. Drive-throughs shall be located to the side or at the rear of the building and designed so that pedestrian safety is ensured.

4. Corner Lot. Drive-throughs serving a building located on a corner lot shall be located to the rear or interior side. In no case shall the drive-through be located on the side of a building facing a street.

5. Types. Both remote drive-through technology (in which objects are placed in a capsule and delivered to the drive-through via a tube) and attached drive-throughs are permitted.

6. Roof. If covered, the roof over the drive-through shall be of a complementary architectural design as the design covering the primary portion of the structure. A multi-lane attached drive-through that is visible from the street may be designed as a porte corchere.

7. Talk Boxes. Talk boxes at drive-through facilities shall be screened by a sound barrier such as landscaping, a fence or a masonry wall.

The parking area and drive-through are provided to the rear of the building. Because access is available from the side street, access is provided from the side street.

The parking area and drive-through are provided to the side and rear of the building. Because access is available from the rear, access is provided from the rear first, and side street second.

The parking area and drive-through are provided to the side and rear of the building. Because access is available from the rear and side, access is provided from the front.


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4.07.06. – Architecture

Architecture

Intent

The primary goal of this section is to promote authentic Florida vernacular architectural styles that will further the appeal of downtown Crystal River as an old Florida "fishing village" community.

The elements chosen for the Florida Vernacular Architectural style come from a study of traditional buildings in coastal Florida and have been selected for their appropriateness to the visual environment and climate.

The provisions encourage construction which is straightforward and functional, and which draws its ornament and variety from the traditional assembly of genuine materials, including pale earth tones and pastel colors, porches, and multi-pitched rooflines.

This section is intended to assist owners, developers, architects, and engineers to design their building elevations within the city's framework, but is not intended to limit innovative and creative adaptations of the Florida Vernacular Architectural style. It is hoped that the section will illustrate a general idea of the design elements that the city requires without limiting design possibilities.

Description

General Within the overlay district, commercial, multi-family, and residential buildings shall reflect a combination of vernacular and more formal architecture. This includes residential building types that are utilized for either residential or commercial purposes, and commercial building types that are used for a mix of non-residential purposes. Essential characteristics include:

1. Raised or at-grade foundations. 2. A clearly discernable base (e.g. foundation / water table), middle, and top (e.g. roof) on each building. 3. The use of permanent and durable materials. 4. Buildings are typically simple combinations of one or more rectangular forms. 5. Simple, 2 to 2.5 story massing, with predominantly gabled or hipped roof forms, and some parapeted roofs. 6. Both enclosed eaves with simplified classical detailing and exposed rafter ends. 7. Porches with simplified classical detailing. 8. Mixed architectural vocabulary, utilizing wood, stucco, and masonry.

Residential Buildings Residential structures find precedent in the coastal vernacular one and one-half-story cottages and larger two-story houses with porches in downtown Crystal River.

Multi-family Buildings Multi-family buildings find precedent in the apartment houses and rowhouses of coastal Florida cities, and are configured to resemble a large single-family house or row of three or more attached townhouses.

Commercial Buildings Commercial buildings are typically commercial in character, appearing as detached, single-use structures with parapeted or gabled, pedimented roof forms, and formal shopfronts or workshops.

Mixed-use Buildings Mixed-use structures are modest in scale, appearing as multi-story attached (commercial form) and detached (residential form) buildings.

Accessory Buildings and Structures Outbuildings, pool and equipment houses, detached garages, carports, utility devices, decks, walkways, swimming pools, swimming pool enclosures, water features, other detached ancillary structures, and other site amenities shall conform to or coordinate with materials of the principal structure and surrounding properties and shall be consistent with the statement of Intent. Such structures and features which do not conform to or coordinate with materials of the principal structure or are not consistent with the statement of Intent may be permissible when located in the rear yard and screened from public view from abutting streets.

The following shall be located in rear yards or sideyards not facing side streets:

1. electrical utility meters;



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2. air conditioning compressors; 3. antennas and satellite dishes; 4. utility connections; 5. Irrigation and pool pumps; 6. Solar: water heaters, pool heaters, electric generation panels and devices; and

7. Shielded or screened commercial dumpsters (must have a dumpster pad)

Massing

General 1. Buildings shall incorporate variations in wall

heights, façade articulations, and varied roof planes and pitches.

2. Wall planes shall be divided into visually distinct sections that provide visual order and create vertical proportions by the arrangement of windows and features such as columns, pilasters, canopies, and clearly-articulated entrances.

3. The main entrance to a building shall be clearly identifiable and shall be oriented to face a public street or space with direct sidewalk access. Entrances shall incorporate design features such as canopies, porticos, arcades, raised cornice parapets or peaked roof forms over the doorways, arches, and display windows.

4. Buildings in the overlay district shall be articulated and finished on all sides. Sides of commercial or mixed-use buildings that do not face (or will not likely face) a residential building or public street or space are exempt.

Roofs 1. Roofs are typically gabled, or hipped,

with some flat. 2. Half stories are typically articulated

utilizing gable ends and dormers. 3. Commercial and multi-family

buildings shall have relatively steep slopes, ranging from 8 in 12 to 10 in 12. Larger commercial buildings shall have slopes from 4 in 12 to 8 in 12 or have flat roofs.

4. Porch roofs may have a lower pitch with a minimum slope of 3 in 12.

5. Roof penetrations and equipment (except chimneys) shall be screened by parapet, located on the rear slope, or otherwise configured to have as minimal visual impact as practicable from the public street or space.

6. Shed (monopitch) roofs shall only be attached to the principal building walls, with a minimum slope of 2 in 12. 7. Applied Mansard roofs shall not be permitted. 8. Architectural (cupolas, towers, steeples, chimneys, etc.) and mechanical (heat and air, elevator enclosure, etc.)

appurtenances may exceed the allowable building height as follows: Roof Area (combined) = 25% max.; Height = 10’ max, up to 18’ max with approval of the supervisory planner.

We Do This Because…. Roof Design: Roofs are the greatest source of potential heat gain in the warmest months of the year when the midday sun is directly overhead. A light- colored, reflective roof surface is most effective in minimizing heat gain.

Dormers: The use of Dormers is strongly encouraged as both a functional and decorative element. Aesthetically, Dormers provide architectural interest and additional articulation along the Roof. Functionally, they provide upper story spaces with additional heated space, light and ventilation

Parapet: Parapets are used for both aesthetic and functional purposes. Functionally, the Parapet was originally used as a means of fire protection (fire wall) between structures. More recently, they have been used to reduce wind pressure, especially during hurricanes and tornadoes. Today, they are frequently used to screen unsightly roof-top items such as HVAC equipment, compressors, vents, communications devises, etc. from public view. Aesthetically, a Parapet is frequently used as a means of establishing correct proportions on the structure.

We Do This Because…. Vertical Proportions: The up-right human body is vertically proportioned. Therefore, humanbeings inherently relate to, and view structures and elements with vertical proportions as being “human-scaled.” As such, all buildings, spaces, and associated openings (windows and doors) should be vertically proportioned.

Symmetry: The up-right human body is more or less symmetrical. Human-beings inherently relate to this quality, finding beauty and logic in such composition. Intuitively, this principle is extended to other artistic efforts, including architecture. Applied to buildings, symmetry evokes a sense of order and dignity that is timeless, attractive, and loveable.


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Roof-Wall Connections 1. Eaves may utilize exposed rafter tails with minimal

fascia depth or an enclosed cornice and entablature with simplified classical detailing. Box eaves (porkchops) shall be prohibited.

2. Roof overhangs shall have a minimum 8” overhang at eave and rake.

Primary Walls 1. Primary walls shall be clad in wood, cement fiber siding, brick, concrete masonry units with stucco (C.B.S.),

reinforced concrete with stucco, shingle, and / or vertical board and batten. 2. Siding shall be mitered at building corners or clad with a minimum 4" trim board. Trim board is typically 6". 3. Exposed wood shall be unpainted, painted, or stained. 4. Brick mortar joints shall be struck. 5. Stucco shall be smooth and sand finish only. 6. Two or more wall materials shall be combined on

one facade only with the lighter material above the more substantial material (e.g. wood above stucco or masonry, or stucco above masonry).

7. Decorative moldings, cornices, or an applied ornament of stone or cast concrete shall be used to express the vertical division between the base, body, and the top.

8. Cantilevers shall be supported by visible brackets scaled as if they are supporting the weight of the mass above.

Base 1. Exposed foundation walls (below first floor)

shall be: brick, painted brick, or stucco over block or concrete.

2. Primary walls, when set on a raised crawlspace foundation, shall rest on a drip edge and water table or sill and fascia (wood or cementitious) over foundation piers.

3. Foundation piers shall be no less than 12” square. If the foundation is taller than 4’ above grade, than the foundation piers shall be no less than 16’’ square.

4. Crawlspace openings and the undercroft of foundations, decks, and porches shall be framed in lattice, vertical pickets, and / or hogs pen pattern (wood or similar).

We Do This Because…. Overhangs: Roof overhangs on the south side of the house provide shade in the summer (when the sun is high in the sky) and allow sunlight and warmth into the house during the winter (when the sun is at a lower altitude). Overhangs also direct water away from the building and foundation and protect pedestrians from sun and inclement weather.

We Do This Because…. Foundation: Just as human-beings contain a base, body, and top (feet, torso, head), so to should every building. The base of a building is its’ Foundation, or the portion of the structure that makes contact with the earth. A Foundation conveys a sense of permanence, strength, and contributes to the vertical proportion and symmetry.

Raised Foundation: Residential homes contain a raised foundation of piers and crawlspace, protecting the main body of the home from flooding, while allowing air to circulate and prevent water damage or mold. Additionally, a raised foundation with porch or stoop elevates residents (and windows) above the street, allowing for easy interaction with passerby’s, while maintaining a sense of privacy.

We Do This Because…. Walls: A well-insulated, properly constructed exterior wall can increase the comfort, efficiency, and health of a building. Traditional wood framing remains the most common and accessible building system for houses. Framed houses, 2x6 optimum value engineered (OVE) with structural sheathing, generally cost about the same as standard framed houses but have the added benefits of reducing framing time and construction costs, conserving resources, decreasing annual energy expenses, and reducing the amount of lumber used in the exterior wall while increasing insulation.


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Openings

Façade Composition Simple and regular rhythm of openings, often divided into equal bays of three, five, or seven.

Windows and Doors 1. Windows shall be double or single hung, or

casement; w/ first story windows taller than upper story windows.

2. When utilized with wood cladding materials, windows and doors shall be framed with a minimum 3.5" wood or fiber cement trim or similar composite trim. When utilized with stucco or masonry cladding materials, windows and doors shall be framed with a minimum 2.5" brick mold.

3. All windows shall have a sill. The sill should not be integrated into a "picture frame" surround.

4. Windows shall be vertically- or square- proportioned and multi-paned with exterior true or simulated muntins.

5. Window panes shall be in a 1-over-1, 2-over-2, 6-over-6, or 6-over-9 divided light pattern. 6. When windows are ganged together, a 3" minimum mullion shall be between each individual window. 7. All glass shall be clear and non-reflective. If glass incorporates tinting, it should be transparent enough for those

outside the building to see building occupants.

8. Shutters, when used, shall be sized equal to ½ the width and the same height as the window; and be operable. 9. Hurricane shutters and housings shall be designed and constructed as to be concealed or incorporated into the

theme of the building design as a decorative element. Mill finish aluminum and unpainted steel components shall not be left exposed to view.

10. Panels and windows on doors should be simple and rectilinear. Transom and side panel windows are allowed.

Shopfronts (see Section 4.07.12. Definitions) 1. All regulations regarding windows and doors described above shall apply to a shopfront assembly. 2. The top of shopfront window sills shall be between 1 and 3 feet above the adjacent sidewalk. 3. Shopfront windows shall extend uninterrupted at least 8 feet above the adjacent sidewalk. 4. Shopfront assemblies shall be made of painted

or varnished wood, aluminum-clad wood, or painted metal.

5. In multi-story buildings, there shall be a horizontal band, articulated fascia, and / or entablature to separate the ground level shopfront from the upper floors. This band may be incorporated into the shopfront design.

6. Frontage treatments (e.g. Porches, Galleries, Awnings, etc.) shall be incorporated into shopfront designs.

We Do This Because…. Windows: The size, number, type, and placement of windows dramatically effect the comfort and energy efficiency of a building. If possible, reduce the size and number of windows on the heat-intensive west side, in favor of larger windows that provide greater ventilation and day lighting on the north and east sides. Double-hung windows are ideal for ventilation, allowing cooler air to enter through the raised bottom sash, while hot air escapes through the lowered upper sash.

On residential buildings and upper-stories too many windows can make walls appear weak and unstable, and negate all benefits related to energy efficiency.

We Do This Because…. Operable Shutters: Shutters are solid or slatted window covers that originated in Greece and were originally designed for light control, ventilation, and protection from the elements in a tropical environment.

One of the very basic premises that all shutters should have is that they look like they could actually protect your windows. That means that if they could be closed, they would cover the window. Too many houses are designed with windows that were never intended to have shutters.

Aesthetically pleasing, operable exterior shutters provide shade, keeping the hot sun out and allowing cool breezes to ventilate the building. Operable shutters also provide an additional level of household security; as well as enhanced weather protection during storms and hurricane season. Shutters should only be used if they can perform one of these tasks.

We Do This Because…. Expansive Shopfront Windows: Shopfront windows are expansive with a high degree of transparency. This visually connects activities taking place within the shop with those occurring on the sidewalk, promoting window-shopping and other interaction. This differs from residential windows, which are far more minimal and often raised, in keeping with the desire for privacy. A streetscape of transparent and interesting Shopfronts increases pedestrian activity and social engagement, benefitting all surrounding businesses.


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7. Shopfront edges should integrate heavier piers or pilasters to visually carry the weight of the building above. 8. Lighting shall be mounted on the store front wall, preferably centered on the piers between windows / doors or

centered above the windows / doors of the shopfront. Where projected shed roofs are used over entries the lighting may be mounted in the shed underside. Lighting shall comply with Section 4.07.09 (Lighting).

Frontage Elements

Porches

1. Bay spacing on porches shall remain vertically proportioned or square.

2. Columns shall utilize architecturally correct capitals and bases. Columns shall be: Width = 6" min.; Shape = Round or Square (may be fluted, paneled, or tapered).

3. Porches shall be made predominantly of wood.

4. Railing spindles and pickets on porches shall not exceed 4” on center, or as required by the Building Code, whichever is less. Standard pipe rails are prohibited.

Galleries, Colonnades 1. Bay spacing on galleries shall be vertically proportioned or square. 2. Columns shall utilize architecturally correct capitals and bases. Columns shall be: Width = 6" min.; Shape =

Square or Round.

Balconies

Spindles and balusters on balconies shall not exceed 4" on center, or as required by the Building Code.

Accessibility ADA ramps, where necessary, shall be incorporated into the architecture of the building, ideally along the side or rear facade. Such ramps may occur forward of the build-to line, but shall not extend into the right-of-way. They may encroach upon the side setback by 5 ft., remaining a minimum of 5 ft. from the property line.

Signage Wall Mural Signs contain a combination of text and graphic elements painted directly on the wall of a secondary building façade. They often fill the un-built gaps within the urban fabric, typically along a side street, alleyway, pedestrian passageway, or public space. Wall Mural Signs should generate visual interest and pride in the community, possibly providing a backdrop for photographs and related social media. Since these signs are intended to be visible to both pedestrians and vehicles they must be accompanied by additional signage on the primary façade at the entrance to the business.

We Do This Because…. Porches: Porches provide outdoor living space that is shaded from the sun and protected from the elements; yet still permits breezes to infiltrate the body of the building. This helps to save energy and reduce costs. Aesthetically, they provide architectural interest and delineate the building’s entrance. The Porch also helps to transition the private and public realm, encouraging both neighborly and community interaction.

We Do This Because…. Galleries: A Gallery is a type of building frontage that is associated with commercial uses, and is permitted to encroach upon the setback, or even into the Right Of Way (over the sidewalk). This space provides an immediate transition between the private and public realm, allowing for window-shopping, dining, or other activities that promote interaction at the street level. Like a porch, the space is shaded from the sun and protected from the elements; yet still permits breezes to infiltrate the body of the building. This helps to save energy and reduce costs. Aesthetically, the Gallery provides architectural interest and delineates the building’s entrance.

Colonnades: Colonnades function similarly to Galleries; however, the upper stories are enclosed and heated, providing livable space that is deemed to be part of the frontage as opposed to the main building. In locations where Colonnades encroach into the Right Of Way, this space may occupy the area above the public sidewalk. This is a significant bonus and provides strong incentive to use the Colonnade. The Colonnade provides an immediate transition between the private and public realm, allowing for window-shopping, dining, or other activities that promote interaction at the street level. Like a porch, the space is shaded from the sun and protected from the elements; yet still permits breezes to infiltrate the body of the building. This helps to save energy and reduce costs. Aesthetically, the Gallery provides architectural interest and delineates the building’s entrance. (Syn: Arcade)


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Permitted Materials

Cladding 1. Siding in:

o Wood (termite resistant, 50-year siding product).

o Composition board. o Cement fiber siding (50-year siding

product). o Vertical board and batten (using

materials above). 2. Concrete masonry units with stucco

(C.B.S.). 3. Reinforced concrete with stucco. 4. Brick, with struck mortar joints. 5. Scored stucco imitation brick is

prohibited. EIFS, Styrofoam, and other foam-based products are prohibited on building exteriors.

6. Vinyl and / or T-111 siding are not allowed.

Foundations 1. Brick. 2. Concrete. 3. Stucco.

Roofing 1. Narrow standing seam metal, painted or

unpainted 5-V or 8-V panel. 2. Galvanized or painted metal roof panels. 3. Rolled asphalt with ice and water shield. 4. Fiberglass, wood, or slate shingles.

Windows 1. Wood or Clad Wood. 2. Metal. 3. Steel. 4. Vinyl. 5. Fiberglass. 6. Extruded PVC.

Doors 1. Wood or Clad Wood. 2. Metal or Steel. 3. Fiberglass

Trim 1. Wood (termite resistant, 50 year product). 2. Composition board. 3. Fiber-cement board. 4. Molded millwork for

built-up sections. 5. For soffits and porch

ceilings: o Gypsum Wall

Board (GWB). o Plaster. o Tongue and Groove (T&G) wood. o Exposed rafters, or composite. o Vinyl panel systems are not permitted on porch ceilings. o If soffit is perforated, the pattern should be fragmented or as

ambiguous as possible.

Gutters 1. Half round or ogee-profile metal. 2. PVC is not permitted.

Downspouts 1. Round or rectangular metal. 2. PVC is not permitted.

Columns Wood, fiberglass, composite, cast iron, concrete with smooth finish, brick, or stone.

Railings 1. Square balusters. 2. Turned spindles and ornamental shapes in wood or wrought iron.

Chimneys 1. Common brick. 2. Stucco

We Do This Because…. Traditional Materials: Elements such as wood, brick, stone, concrete, stucco, and tabby are derived from the earth and provide a sense of connection with our environment, as they are more likely to me mined or farmed locally. Buildings comprised of these materials can last for centuries, conveying a sense of authenticity, strength, and longevity. Furthermore, they can be patched, painted, and repaired rather easily. While synthetic and highly processed materials such as vinyl, PVC, or aluminum may be less expensive initially, or require less maintenance, they are not built for longevity. Ultimately they fail. When they do, they must be replaced altogether. As a whole, this is far more costly and less sustainable than the use of Traditional Materials.

We Do This Because…. High Ceilings: High Ceilings allow the hot air to rise above the occupied areas, increasing human comfort.


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4.07.07. – Parking.

Parking PARKING LOCATION AND DESIGN

1. In no case shall parking be located between the front façade of the building and the frontage street; or in the case of a corner lot, between the side façade of the building and a side street. Parking shall be located “on-street” and in “on-site” lots.

2. The parking area shall be located behind the building such that the building separates the parking area from the street. If this is not possible, the parking area may be located to the side of the building. In no case shall the side parking area be wider than 50 percent of the lot frontage.

3. The parking area shall be setback a minimum of 6 feet from the property line and may not extend forward of the horizontal plane established by the building’s front and street side façade (not including frontage element).

ACCESS TO OFF-STREET PARKING

1. Buildings that have both rear and side access shall access parking through the rear.

2. Front drives to rear parking is permitted only where rear or side street access is unavailable.

3. Curb cut or driveway width:

a. Residential: 10 ft. max. at lot line.

b. Non-residential: Front: < than 20 spaces:

14 ft. max. 20 or greater: 18 ft. max.

Side entry or Rear Alley, 18 ft. max.

4. The min. effective curb radius shall be utilized.

5. Ribbon drives with permeable center strips shall be encouraged for one & two-family lots.

6. Circular drives shall be permitted by the supervisory planner if necessary for pick-up.

LINKAGES BETWEEN OFF-STREET PARKING

1. Linkages between parking areas within the perimeter of the block (and half block) should be encouraged when a rear alley or lane is present and shall be provided when there is no rear alley or lane present (see diagram at left).

2. In no case shall a vehicular accessway / driveway be permitted between the front façade of the building and the frontage street; or in the case of a corner lot, between the side façade of the building and the side street.



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RESIDENTIAL GARAGES

1. Garage door(s) shall be positioned on the back half of the lot and no closer than 20 feet behind the principal plane of the building front (see diagrams at left).

2. If possible, garage doors shall face the side or rear of the lot, not the frontage street.

PRIVATE FRONTAGE LANDSCAPE AREA

1. All lots are required to meet the minimum planting requirements for the Private Frontage Planting Area, as conveyed below and depicted to the left.

PRIVATE FRONTAGE PLANTINGS: 1 overstory tree and 4 shrubs for every 35 linear ft. of lot frontage within the Required Landscape Area.

BUILDING FOUNDATION: 1 shrub for every 3 linear feet of building foundation planted a maximum of 18” from the building.

2. Plantings shall not be required directly in front of a building in which the front or side façade, including the frontage element (e.g. Porch, Gallery, Arcade) is setback from the lot line by less than 6 feet. The area shall include window boxes, hanging plants, planters, or potted plants as part of the private frontage plantings.

ON-SITE PARKING LOT LANDSCAPING

1. Perimeter Landscape Strip. A six-foot wide strip of land located between the side and rear property lines and the vehicle use area shall be landscaped with:

a. A fence of at least 75% opacity; or

b. An opaque wall or hedge wall of shrubs (1 shrub per 3 linear ft. at 3 ft. in height)

c. Fences & walls: Min. height: 24”; max. height: 42”

2. Tree Islands. Tree islands of at least 6 ft. in width and extending the entire length of the parking stall are required in parking areas at the following intervals:

a. 1 tree island at the end of every parking aisle separating the last space from the adjacent travel lane. Double loaded bays shall have 2 tree islands.

b. As depicted, no more than 8 consecutive parking stalls are permitted without a


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c. tree island containing a minimum of 1 overstory shade tree.

3. Tree medians. In lieu of tree islands, a median of at least 6 feet in width and containing 1 overstory tree for every 4 parking stalls may be provided between a row of double loaded parking isles.

4. Ground Cover. Tree islands and tree medians shall contain shrubs, grasses and low-water vegetative ground groundcover.

5. The use of grass turf is discouraged.

NUMBER OF PARKING SPACES REQUIRED

RESIDENTIAL 1. The number of parking spaces provided shall be based on use as provided at left. If deemed necessary by the supervisory planner, the max. # of spaces may be increased by 30%.

2. The required number of parking spaces shall be rounded up to the closest whole number.

3. No off -street parking is required for lots containing Retail / Restaurant or Office /Service uses that are less than 4,000 square feet of gross site area.

4. On-street parking provided adjacent to, and on the same side of the street as the lot may count as part of the required parking supply, provided the design is deemed acceptable supervisory planner.

5. Off-site parking that is located off-street and within 500 ft. of the site may count as part of the required parking supply for non-residential uses, provided the design is deemed acceptable by the supervisory planner.

6. For two uses, shared parking shall be calculated as follows. The sum of the required parking for the two uses shall be divided by the factor listed in the table at left. The required number of parking spaces shall be rounded up to the closest whole number.

7. When three or more uses share parking or a use is not listed, the amount of required parking may be reduced if the Zoning Administrator determines that the uses:

a. Seek to share parking with distinct and differing peak parking usage periods (e.g., bank and theater); or

b. The special nature of a certain development (e.g., housing inhabited by persons with low or no automobile ownership) does not require the amount of parking listed.

The reduction shall be based on a parking demand study.

< 1000 sf. 1 per unit min.

1000 sf. to 1500 sf. 1.5 per unit min.

> 1500 sf. 2 per unit min.

NON-RESIDENTIAL

USE MINIMUM MAXIMUM

LODGING:

B&B 0.75 per rentable unit

1.25 per rentable unit

Resort Housing Requirement for residential above

Requirement for residential plus 1

Hotel & Motel 0.75 per rentable unit

1.25 per rentable unit

NOTE: A rentable unit may contain multiple rooms or beds (e.g. hotel suite, hotel room with two beds, short term rental house with several beds).

RESTAURANT / BAR: 3 per 1000 sf. 10 per 1000 sf.

RETAIL, SERVICE 3 per 1000 sf. 4 per 1000 sf.

OFFICE 2 per 1000 sf. 4 per 1000 sf.

INDUSTRIAL 1 per 1000 sf. n/a

LANDMARK BUILDING or FACILITY (applicable uses)

1 per 5 seats (fixed) or 1 per 400 gsf. (no fixed seats), and/or 1 per 12,000 sq. ft. of outdoor area

1 per 2.5 seats (fixed) or 1 per 200 gsf. (no fixed seats), and/or 1 per 8,000 sq. ft. of outdoor area

PARKS and REC. As determined by supervisory planner.

SHARED PARKING FACTOR FOR TWO USES

Residential Lodging Office Ret, Serv, Rest

Residential 1.0 1.1 1.4 1.2

Lodging 1.1 1.0 1.7 1.3

Office 1.4 1.7 1.0 1.2

Retail, Service, Rest.

1.2 1.3 1.2 1.0


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4.07.08. – Lighting.

Lighting GENERAL

1. Shielding. All exterior illuminating devices, except those exempt shall be fully or partially shielded. a. “Fully shielded” shall mean that those fixtures so designated shall be shielded in a manner that light

rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point of the fixture where light is emitted.

b. “Partially shielded” shall mean that those fixtures so designated shall conform to the classification of “Cutoff”, or a luminaire having a light distribution in which the candlepower per 1,000 lamp lumens does not numerically exceed 25 lumens (two and one-half percent) at an angle of 90 degrees above Nadir (horizontal), and 100 lumens (ten percent) at a vertical angle of 80 degrees above Nadir. This applies to any lateral angle around the luminaire. Wall Pack lights shall not be on a primary entrance

2. Light Spillage. Continuous light spillage onto neighboring

properties shall not exceed (1) foot-candle as measured at the lot line (see diagram below).

3. Exemptions. Low Intensity Fixtures: Any outdoor lighting fixture which has a maximum candle power of less than 1,000 candelas is exempt from these provisions.

4. Illumination Types. Those lighting types listed below in (a-g) shall be allowed. The same type of lighting should be utilized for all fixtures and light sources on the site.

a. INCANDESCENT b. METAL HALIDE c. FLORESCENT d. LED

e. QUARTZ f. Color Corrected High Pressure Sodium g. NOBLE GAS TUBE

5. Wall Packs. Lights shall be fully shielded, limited to ancillary entrances, and not visible from the street. 6. Other Sources. Other sources of Illumination that minimize undesirable light into the night sky,

demonstrate architectural merit, or are energy efficient may be approved by the Zoning Administrator. 7. Sign Lighting. Externally illuminated signs shall use a “fully shielded” light directed solely at the sign.

a. Goose Neck Lighting. Goose neck lighting fixtures are strongly encouraged. b. Noble Gases. Neon, Krypton, Argon and other noble gas-filled tube lighting may be permitted for use

with one sign at a retail or restaurant use in the CG or CW zone. The corresponding architecture of the site shall convey an “old Florida” character and the sign shall be approved by the supervisory planner.

8. Streets, Paths, and Parking Lots. New lighting shall be of a general type illustrated below. New light poles shall range from 10 – 16 ft. in height and be spaced a maximum of 75 ft. on center.

Pipe Post Column Double Column

Light Poles. Light poles

should be placed 2 ft. from the back of the curb or street surface and may include brackets for decorative or graphic attachments.

Permitted

Not-permitted



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4.07.09. – Uses.

Uses

GENERAL 1. Any use permitted “by-right” (P) or as a “supplemental use” (S) in the table of permitted uses (Section

2.02.03.) for the underlying zoning district shall be permitted within the CRA Overlay District. 2. Exceptions:

a. If a use is specifically defined below, the definition in this Section shall supersede that which is applicable to the underlying zoning district.

b. If the use below is accompanied by “supplemental use” standards, the standards of this Section must be met and shall supersede all supplemental use standards found elsewhere in the LDC.

c. In case of conflict, the standards of this Section and the overlay district in general shall always prevail.

RESIDENTIAL

Accessory Dwelling Unit (ADU) An auxiliary dwelling unit located on the same lot as the principal building that may be attached by a back-building or contained within a stand-alone outbuilding. Examples include but are not limited to: a dwelling unit in a guest house, pool house, and above or beside a garage.

Home Occupation

A Principal Dwelling, Accessory Dwelling Unit, or Live Work Townhouse that contains a space devoted to a non-retail business activity, belonging to the resident thereof, that is clearly incidental and secondary to the principal use of the dwelling and does not alter the exterior of the property or the residential character of the community. A home occupation occurring as an accessory use to any principal dwelling, ADU, or live work townhouse shall comply with the following standards:

Supplementary Standards 1. This use shall be used as a substitute, and in place of the two Accessory Dwelling Units

(ADUs)referenced in Table 2.03.03. (Accessory Structures): a. ADU type One (guesthouse; mother-in-law house; or helper quarters). b. ADU type two (caretaker quarters or park ranger housing).

2. In an effort to encourage mixed-use (with residential) as well as housing affordability, ADUs are permitted with all building types except the Cottage Court, Landmark Building, and a Multi-building / Campus.

3. An Accessory Dwelling Unit (ADU) shall comply with the following Supplemental Use Standards: a. Number of Units. One ADU shall be permitted per lot. b. Size. The maximum footprint for an ADU shall not exceed 720 square feet or the footprint of

the principal dwelling. c. ADU in an Existing Structure. If the ADU is to be located in an existing accessory structure, the

accessory structure shall meet all setback requirements for the district. d. Residential Form. The structure shall appear residential in form. e. Entrance. The main entrance may not be through a garage. f. Parking. No additional parking standards shall apply, except in the case of Resort Housing or

guest room(s) for a Bed and Breakfast the ADU shall be included when calculating the required parking.

g. Home Occupations. Such uses may operate from an accessory dwelling unit so long as the standards for Home Occupation (below) are met.

h. Rental. An ADU may be used as Resort Housing or guest room(s) for a Bed and Breakfast. i. Ownership. Both the principal dwelling and the ADU shall be in the same ownership.

Supplementary Standards 1. Exclusions to Home Occupations. No home occupation shall be permitted that results in any of

the following: a. Internal or external alterations inconsistent with the residential character of the building;



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Supplementary Standards (continued) b. Is visible from the street; c. Generates traffic, parking, sewerage, or water use in excess of normal for the neighborhood; d. Creates a hazard to persons or property; e. Results in electrical interference; f. Is a nuisance; or g. Results in the outside storage or display of anything.

2. Permitted Uses. Home occupations in Principal Dwellings, Accessory Dwelling Units, and Live Work Townhouses shall be limited to the following uses: a. Office for professionals such as attorneys, drafters, realtors, insurance agents, engineers,

architects, and other consultants; b. Instruction or teaching such as academic tutoring, performing arts, or fine arts (limited to two

students at any one time); c. Administrative or clerical support services such as transcription, court reporters,

stenographers, or addressing services; d. Personal services such as hair dresser, barber, nails, tailoring, photography, or notary public; e. Day care for four (4) or fewer children or adult; f. Foster family care; g. Manufacturers' representative; and h. Studios for artists or photographers.

3. Entrance. Entrance to the home occupation portion of the dwelling shall be from within the dwelling, and not through a new outside entrance, except where this provision conflicts with a required State law related to the business.

4. Employees. A max. of two employees who are not residents of the household may work on-site. 5. Specific to ADUs. A home occupation shall not operate from an Accessory Dwelling Unit if it

involves outside employees or visitation by customers or salespeople. 6. Specific to Duplexes and Live Work Townhouses. A home occupation shall not operate from a

Duplex or Live Work Townhouse if it involves visitation by customers or salespeople. Exception: If a Live Work Townhouse and all attached Rowhouses have a non-residential ground floor finish level (0” – 6” above grade, max.), visitation by customers and salespeople shall be permitted.

7. Building Codes. Building must meet all applicable Florida Building Codes before the use begins. 8. Outside Storage. Outside storage related to such use is prohibited. 9. Signs. One non-illuminated freestanding yard sign of not more than six square feet or one

projecting or suspended sign of not more than two square feet. Signage shall be approved by the supervisory planner.

10. Display and Sales. a. The sale of products grown, made or repaired on site is not permitted. b. Incidental retail sales related to a permitted home occupation are allowed (for example, a

hair stylist may sell hair products to customers). c. No outdoor display of products for sale is permitted.

11. Maximum Size. A home occupation may occupy a maximum of 50% of the floor area of the principal dwelling, the first floor of a Live Work Townhouse, or one floor of an ADU.

12. Vehicles. Only passenger vehicles shall be permitted in connection with the conduct of the use. 13. Hours. When permitted, deliveries and activities involving visitors/clients shall occur only

between 8 A.M. and 6 P.M. 14. Parking. A home occupation shall not result in off-street parking of more than 3 vehicles at any

one time not owned by members of the occupant household. a. One off -street parking space shall be provided per outside employee. b. The off-street parking spaces required for the home occupation shall be maintained in

addition to the space or spaces required for the residence itself. c. No parking spaces, except driveways, may be located in the required front yard setback.

15. Barber Shop/Beauty Parlor. The use shall be licensed and operated according to the standards set by the State of Florida and shall be limited to two chairs. The applicant shall certify that the proposed use is not prohibited by any covenant or deed restriction on the property.


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Live Work Townhouse

Specific to the Rowhouse building type, these dwellings provide flexible space at the street level for retail, service, or office uses; and a complete living unit above that is occupied by the same resident.

OFFICES and SERVICES

Day Care A state-licensed facility that provides non-medical care and supervision for adults or children, typically for periods of less than 24 hours per day for any client. Examples include, but are not limited to: nursery schools, preschools, after-school care facilities, daycare centers, etc. A Day Care shall comply with the following Supplemental Use Standards:

Gas Station (Service Station)

An establishment where petroleum products are dispensed for retail sale. Accessory Uses may include a retail convenience store, restaurants, and / or a single bay carwash. Does Not Include: towing, vehicle body or engine repair, or overnight vehicle storage. Gas Stations shall comply with the following Supplemental Use Standards:

Supplementary Standards

1. Allowed Where. The Live Work Townhouse is permitted in the NBR, CW, CG, and CH zoning districts.

2. First floor Business. First floor non-residential uses shall be limited to the functions, and accompanying standards listed (above) for Home Occupation.

Supplementary Standards 1. Federal and State. A Facility shall comply with all relevant Federal and State requirements. 2. Parking. Provide the required minimum of 3 off-street parking spaces per 1000 sf for Service

Uses, as well as one off-street passenger drop off / pick-up space per 10 clients / students. 3. Vehicular Circulation and Drop-Off and Pick-Up. Parking areas and vehicular circulation shall be

designed to provide a designated pickup and delivery area that is located in such a way that clients / students do not have to cross vehicular travel ways to enter or exit the center.

4. Outdoor Spaces. Facilities shall provide functional outdoor spaces and play areas that are safely segregated from parking, loading, and service areas.

5. Screening. A landscaped hedge or solid fence shall be provided along any rear or side property line adjoining a residential lot. The hedge or fence shall be designed and / or planted to be at least four feet in height at maturity.

6. Signage. One sign identifying the center shall be allowed, subject to the following standards: a. The maximum sign area shall be eight (8) square feet. b. The sign shall have color, design, and materials consistent with the color, design, and materials

of the building. c. The sign shall not be illuminated. d. The sign shall be only a monument sign or a building mounted sign.

Supplementary Standards 1. Location. This use shall be limited to sites in which the underlying zoning is CH. Only one Gas

Station is permitted per block along a street. Additionally, no more than one Gas Station may occupy an intersection.

2. Site. The site is comprised of a main building (typically a convenience store) that is located close to the street with gas pumps sited to the rear or side. In no case shall a vehicular accessway / driveway or off-street parking area be permitted between the façade of the building and the primary street or secondary street (corner lot). Facilities that contain a cashier’s booth or kiosk only are prohibited.

3. Building. To the maximum extent practicable, the principal building or “convenience store” shall utilize and comply with the standards for the Shopfront Building or Storefront Building type.


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RETAIL and RESTAURANT

Corner Store Specific to the Corner Store building type and the underlying zones in which it is permitted, this ground floor establishment customarily services the local neighborhood, providing residents with a walkable alternative in which to meet their daily needs.

INDUSTRIAL

Shopfront Manufacturing Specific to a Shopfront and Storefront Building types, this ground floor facility is engaged in retail sales that may involve low intensity wholesaling, manufacturing, processing, storing or distribution of goods.

Supplementary Standards (continued) 4. Pump Location. Gas pumps shall be located to the rear or side of the building, and:

a. the canopy and pumps shall not project further toward the street than the front plane of the principal façade of the building;

b. on corner lots, the canopy and pumps shall be located on the interior side. In no case shall the canopy and pumps be located on the side of the lot that abuts the corner.

5. Wall. A minimum 4 ft. wall or garden wall shall be provided along the length of any lot line adjacent to a street where not occupied by a building.

6. Canopy Lighting. Canopy lights shall be located inside the canopy and not visible from the street.

Ex. Shopfront or Storefront Building Type. This configuration provides the business with visibility while maintaining a walkable streetscape.

Ex. Shopfront or Storefront Building Type and streetscape (plan view).

Ex. Mountable curbs or flush contrasting pavement should be used to maintain a narrow turning radius that allows for tanker truck deliveries.

Supplementary Standards 1. Permitted Uses. The following uses are permitted: Caterer; Personal service business (barber,

beauty or nail salon, tailors, travel agencies, laundries/dry cleaner pick-up, photography studio, florist); Repair shops of small consumer goods such as cameras, bicycles, furniture, or TVs; Drug stores, health and personal care (without drive-thru windows); Food stores, specialty (bakery, deli); Restaurants (small scale or cafes without drive-thru windows); Retail shops (such as, but not limited to, gift; antique; art shops; and video/DVD rental); Additional uses include, but are not limited to: Art Studios; Clothing and Dry Goods Stores; Retail Candy, Ice Cream Stores, and Specialty Shops; over-the-counter dining, hardware sales, etc.

1. Shopfront Manufacturing uses shall occupy a Shopfront or Storefront Building type. 2. The use shall be limited to those zones in which the building type is permitted. 3. The operational characteristics of the production process and materials used shall not cause

measurable impacts on neighboring properties or the community. 4. Goods may be assembled, produced, finished and displayed prior to over the counter or online

sale. This invokes an authentic or artisan-like experience for the shopper. 5. Uses include: Repair shops of small consumer goods such as cameras, bicycles, furniture, or TVs;

Retail shops such as, gift; antique; art shops; and video/DVD rental; wholesale and retail businesses for manufacturing, processing, storing or distributing goods. Additional uses include but are not limited to: food preparation and packaging, winery, micro-breweries and brew pubs.


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4.07.10. – Administration.

Administration

Review Process 1. Review Responsibility. Interpretation of these standards shall be the responsibility of the City’s Planning

and Development Services Department. The Community Redevelopment Area Plans of 2008 and 20015, as well as the Purpose and Intent of this overlay (Sec. 4.07.02) shall serve as guidance when determining the city’s intent for land development in the overlay area.

2. Map. As the code changes from time to time, so shall the map. The current boundary map is available from the Zoning Administrator.

3. Development Review Threshold. All new development or modifications to existing development in which: a. The impervious surface of the lot is disturbed or altered; or b. The structure is sixty (60) square feet or greater in size; or c. The applicant is required to obtain a building permit.

….shall be reviewed per the standards of this overlay district. 4. Scope of Review. The supervisory planner shall have approval authority for all aspects of site planning,

use, and exterior architecture, including: fit with local context, design criteria and materials, environmental implications, traffic impacts, and any other site-specific matters not delineated herein.

5. Administrative Waiver. Administrative waivers are specified deviations from otherwise applicable development standards. a. Applicability.

i. For all numerical standards set forth in the overlay zoning of Section 4.07.00 through Section 4.08.02, the supervisory planner shall have authority to authorize an administrative waiver of up to 10 percent.

ii. The supervisory planner shall have the authority to waive architectural standards from Section 4.07.06 (Architecture) in specific instances where compliance would create undue hardship, such as: (a) Additions in which new portions would be incompatible with the existing structure, or (b) In the application of materials that are consistent with the purpose and intent of the district

but are not expressly permitted. b. Adjustment Criteria.

i. To approve an application for an administrative waiver, the supervisory planner shall make an affirmative finding that the following criteria are met: (a) That granting the administrative waiver will ensure the same general level of land use

compatibility as the otherwise applicable standards; (b) That granting the administrative waiver will not materially and adversely affect adjacent land

uses and the physical character of uses in the immediate vicinity of the proposed development because of inadequate screening, setbacks, and other land use considerations;

(c) That granting the administrative waiver will not adversely affect property values in any material way; and

(d) That granting the administrative waiver will be generally consistent with the purposes and intent of this overlay code.

ii. Reserved. 6. Mandatory Pre-Application Meeting. Those wishing to develop in the Community Redevelopment Area

(CRA) shall meet with the supervisory planner to discuss the project prior to submitting a formal application. Only the supervisory planner shall have the authority to waive this meeting.

7. Final Approval. Except where expressed herein, existing development review procedures shall be maintained and implemented.



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4.07.11. – Definitions.

Definitions

Accessory structure A building or structure subordinate to the principal building that is under roof and enclosed, and used for purposes customarily incidental to the main or principal building on the lot. Accessory structures are permitted with all building types and typically include Accessory Dwelling Units (ADU’s), private garages, storage buildings, garden sheds, and the like. Accessory Structures shall convey a similar character (form and color) as the principal building and comply with the standards for setbacks, building coverage, and Permitted Materials in Section 22-504 (Architecture).

Alley A secondary way which affords access to the side or rear of abutting property.

Appurtenances Architectural features not used for human occupancy consisting of spires, belfries, cupolas or dormers, silos, parapet walls, cornices without windows, chimneys, ventilators, antennas, etc.

Build-to line A line parallel to the property line, along which a building shall be built. Porches and handicap ramps shall be exempt from build-to requirements, and shall occur behind the property line. Build-to line locations for specific sites shall be established by the design review board at the time of application.

Building frontage The side of a building which faces the frontage street.

Dwelling area The total internal useable space on all floors of a structure, not including porches, stoops, balconies, or patios.

Easement A legal instrument, recorded in the county records, that allows access through real property of the conveyor.

Elevation An exterior wall of a building.

Encroachment Any architectural feature, structure or structural element, such as a fence, stoop, balcony, bay window, or deck that breaks the plane of a horizontal regulatory limit extending into a setback or beyond the build-to-line.

Entrance, Principal The main point of access of pedestrians into a building, most often from the primary street.

Entrance, Secondary The secondary point of access of pedestrians into a building, most often from a secondary street or parking area (rear or side).

Expression Line A line prescribed at a certain level of a building for the major part of the width of a facade, expressed by a variation in material or by a limited projection such as a molding or balcony.

Fascia A wide band of material covering the ends of roof rafters, sometimes supporting a gutter in steep-slope roofing, but typically it is a border or trim in low-slope roofing.

Footcandle A unit of measure of the intensity of light falling on a surface, equal to one lumen per square foot and originally defined with reference to a standardized candle burning at one foot from a given surface.

Frontage Line The property line(s) of a lot fronting a thoroughfare or other public way, or a civic space.

Frontage street The public right-of-way which serves as primary access to a property.



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Frontage Type The way in which a building engages the public realm.

Garden Wall A freestanding wall made of masonry, typically used as a screen or enclosure for a yard or open space, or as a divider along a street, alley, or lot line.

Live / Work Unit An integrated housing unit and working space in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity with a commercial component that may accommodate employees and walk-in trade. The residential component may be located above or behind the commercial space.

Lot coverage The horizontal area within the outer perimeter of the building walls, dividers, or columns at ground level including porches, stoops, and steps; but excluding driveways, parking, uncovered decks, patios, stairways, and the like.

Lot frontage The property line adjacent to the frontage street.

Mixed Use The development of a single building containing more than one type of land use or a single development of more than one building and use including, but not limited to, residential, office, retail, recreation, public, or entertainment, where the different land use types are in close proximity, and shared pedestrian and vehicular access and parking areas are functionally integrated.

Parapet A low wall along the edge of a roof or the portion of a wall that extends above the roof line.

Pedestrian Passage An open or roofed access passing between buildings. These passageways frequently connect rear parking areas and alleys to frontages, streets, plazas, and other public use spaces. A pedestrian passage provides a shortcut through long blocks and is often restricted to pedestrian use and limited vehicular access.

Private Frontage The privately held space between the front plane of the principal building and the front parcel line / ROW.

Public Frontage The area between the vehicular lanes and the front parcel line that contains the curb assembly, walkway type, planter type, landscaping, lighting, signage, and civic elements (benches, bus stops, etc.).

Public Realm The physical and social domain of the public that is held in common either by their physical presence or by visual association. This includes, but is not limited to plazas, squares, parks, thoroughfares, public frontages, private frontages, civic buildings and civic spaces.

Rear Alley A vehicular way located to the rear of lots providing a location for utility easements and access to service areas, parking, and accessory structures.

Right of Way (ROW) A right-of-way is the actual land area acquired for a specific purpose such as a utility line or roadway.

Setback The mandatory clear distance between a property line and a structure.

Shared Parking Any parking spaces assigned to more than one user, where different persons utilizing the spaces are unlikely to need the spaces at the same time of day.

Shed Roof A roof shape having only one sloping plane.


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Shopfront A private frontage type where the main facade of the building is at or near the frontage line with an at-grade entrance along the public way. This Type is intended for retail use. It has substantial glazing at the sidewalk level and may include a canopy or awning that overlaps the sidewalk.

Suspended Signs Suspended signs mount to the underside of beams or ceilings of a porch, gallery, arcade, breezeway or similar covered area. They are typically hung in a manner that allows them to swing slightly. These signs are small,

pedestrian scaled, and easily read from both sides.

Supervisory Planner The City official charged with, and best equipped to administer this overlay code. The supervisory planner must possess a professional level understanding of both urban design and planning principles.

Thoroughfare A street. This ordinance mandates that all vehicular rights of way, easements, and parking access-ways be designed as thoroughfares that both resemble and function as a traditional street would.

4.08.00. - Crystal River Redevelopment Agency (CRA) Downtown Commercial Waterfront Overlay District (DCWOD). 4.08.01. - Purpose statement.

The downtown commercial waterfront overlay district is being created with the intention of promoting private development, achieving a high degree of public use with parks, hotels, public assembly areas and river themed retail commercial uses. The character envisioned is an urban district with industrial fishing village design elements, Florida-friendly landscape treatments, and lighting; designed to pedestrian oriented for day and night uses with continuous public access to the water's edge. Flexibility is given to each parcel to allow harmonious development that is compatible with adjacent buildings.

(Ord. No. 16-O-05, § 3, 3-25-2019)

4.08.02.A – Boundaries. The Downtown Commercial Waterfront Overlay District (DCWOD) is an overlay zoning district whose boundaries are conveyed below and outlined on the official zoning map of the City. The DCWOD is located within the larger Community Redevelopment Area (CRA) and Community Redevelopment Area Overlay District (CRAOD). 4.08.02.B. – Design criteria.

Allowable uses:

Multi-family

Mixed use

Marina

Parks, public and private

Professional service/office

Professional offices, studios, other general offices (no medical or lab; tattoo parlors, pawn shops or flea markets; bail bonds or knife/gun shops)

Cultural centers (museums, aquariums, galleries, etc.)

Restaurant/bar/lounge

Hotels/motels

Personal service establishments (beauty, barber, tailor, etc.)

Private clubs/lounges


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Retail stores (except automotive)

Fishery, commercial and retail

Specialty food store (bakery, deli, etc.)

Resort housing units

Water-dependent uses

Public parking facilities

Height: Fifty-five (55) feet with ten (10) foot allowance for appurtenances (cupolas, decorative rooftop, façade, etc.

Setbacks: Setbacks can be waived on the front and/or side provided emergency access is available to at least one (1) entrance. Waterfront setbacks may be reduced to allow for flexibility; however, approval must be obtained from the planning board and the community redevelopment agency.

Impervious surface ratio (ISR): Eighty-five (85) percent provided stormwater regulations discussed in this chapter is met.

Commercial floor area ratio (F.A.R.): See underlying zoning district. May be adjusted by supervisory planner.

Parking standards: An effort will be made to include required parking on-site, with alternative parking options being taken into consideration. It is important to the City of Crystal River CRA to assist with redevelopment efforts by providing site design flexibility, while maintaining a high level of aesthetic quality. The CRA has developed parking throughout the CRA district allowing for more flexibility in building area and open space around King's Bay, therefore allowing a reduction in the amount of required parking spaces.

Building placement and orientation —The design character of a building's site and the manner in which it functions are some of the most important considerations for properties along the waterfront. The primary objective is to create an environment that is attractive to pedestrians and maintains the character of the waterfront setting. Provide double-fronted buildings with a pedestrian friendly façade and entrance on both the street and waterfront side Where two (2) or more buildings will be located on a site, arrange them to define an outdoor space. Clustering buildings to create active open spaces such as plazas and courtyards are encouraged between structures and along waterfront edges.

Standards for lot dimensions: a) Lot width and lot depth shall be sufficient and adequate to accommodate a well planned development with connected open space systems, pedestrian ways, and public activity areas, and b) lot width and depth shall be compatible with the predominant configuration of lots in the surrounding properties. All development is done in a way that does not impede on neighboring lots.

Stormwater: Purpose —To provide updated design standards for stormwater management systems within the waterfront district that more directly focus on the reduction of the nutrients of concern identified in Kings Bay. Regulation —Within the waterfront district, the requirements of land development code section 6.03.04.C.7 regarding meeting pre-development runoff conditions shall not apply if the applicant can demonstrate to the city's satisfaction that the project site discharges directly to King's Bay and the project's stormwater discharge does not adversely affect any off site properties. Such justification shall be made through engineering drawings and calculations signed and sealed by a professional engineer registered in the State of Florida. Within the waterfront district, the requirements shall be as follows: 1. All stormwater treatment systems shall meet the permit requirements of the environmental resource permit as issued to the City of Crystal River by the Southwest Florida Water Management District, and subject to the requirements of 62-330.055, F.A.C. This permit requires each applicant to provide a stormwater management system that meets the target pollutant loadings for total nitrogen (TN) and total phosphorous (TP) prior to discharge to Kings Bay.


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2. The applicant shall submit plans and calculations prepared by a registered professional engineer that demonstrate the post-development pollutant loadings anticipated for TN and TP. Those pollutant loadings shall meet or exceed the target loadings identified in the conceptual ERP, or an agreed-upon loading if approved by the City of Crystal River. 3. The applicant shall also obtain a general permit for construction for the project site through the Southwest Florida Water Management District pursuant to 62-330.450, F.A.C. and provide it to the city as a precedent for approval of the stormwater management plan. 4. To the greatest extent practicable the applicant shall incorporate the use of best management practices in the stormwater treatment system to provide greater assurance to the City of Crystal River that all systems will eliminate direct discharge of untreated stormwater to Kings Bay and eliminate direct discharge conditions that will result in erosion or sedimentation at the outfall to Kings Bay.

(Ord. No. 16-O-05, § 3, 3-25-2019)

CHAPTER 5. - ACCESSORY, TEMPORARY, AND SPECIAL USE SITUATIONS 5.00.00. - Generally. 5.00.01. - Purpose.

It is the purpose of this article to regulate the installation, configuration, and use of accessory structures, and the conduct of accessory uses, in order to ensure that they are not harmful either aesthetically or physically to residents and surrounding areas.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.01.00. - Accessory uses and structures. 5.01.01. - Home occupations. A. A home occupation is permissible in a lawfully established dwelling unit in any residential zoning

district. Home occupations shall meet the standards set forth in this section.

B. It is the purpose of this section to establish regulations to protect the residential areas of the city and ensure that allowable home occupations are conducted in a manner that avoids or minimizes negative impact to neighbors.

C. The following and similar uses shall be considered home occupations:

1. Office for professionals, such as attorneys, drafters, realtors, insurance agents, engineers, architects, and other consultants;

2. Instruction or teaching, such as academic tutoring, performing arts, or fine arts;

3. Administrative or clerical support services, such as transcription, court reporters, stenographers, or addressing services;

4. Personal services, such as dress-making or tailoring, photography, or notary public;

5. Day care for four (4) or fewer children;

6. Adult congregate care for fewer than four (4) persons;

7. Foster family care;

8. Manufacturers' representative; and

9. Studios for artists, or photographers.

D. Instruction or teaching, described in subsection C.2. above shall be limited to two (2) students at any one (1) time.

E. An occupational license shall be required for the conduct of a home occupation.


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F. Employees of the home occupation shall be limited to the bona fide residents of the dwelling.

G. The home occupation shall be clearly incidental to the residential use of the dwelling.

1. The use of the dwelling for a home occupation shall not change the residential character or appearance of the building. There shall be no visible evidence of the conduct of a home occupation

2. No internal or external alterations which are inconsistent with the residential use or character of the dwelling shall be permitted.

H. Products for sale or use in the home occupation shall not be visible outside the dwelling.

I. Use of a dwelling for a home occupation shall not exceed twenty-five (25) percent of the livable floor area of the residence, except for adult congregate care and foster family care.

J. The home occupation shall not constitute a nuisance to the surrounding neighborhood.

K. Outside storage of materials used in connection with a home occupation is prohibited.

L. A home occupation shall not use or be located in an accessory building.

M. No equipment or process shall be used in such home occupation, which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.

N. Parking for both residents and any customers of the home occupation shall be provided entirely off-street and shall not be located within the front yard, except on the driveway.

O. Commercial vehicles used as part of the permissible home occupation shall comply with the standards in subsection 6.04.08.A.1.

P. No condition shall be permitted which increases the fire hazard to the residence, such as storage of paints or other flammable materials.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.01.02. - Accessory buildings and structures in all zoning districts. A. There shall be a permitted principal structure in full compliance with all development standards and

requirements of this LDC prior to issuance of a permit for an accessory structure 2 . This provision shall not be construed to prohibit the establishment of an accessory structure simultaneously with the establishment of a permitted principal structure.

B. Permissible accessory uses by zoning district are identified in Table 2.03.03.

C. There shall be no more than three (3) freestanding accessory buildings on a lot.

D. Accessory structures shall be shown on any site plan with full supporting documents as required by this LDC.

E. Accessory structures shall be included in all calculations of impervious surface and stormwater runoff requirements.

F. Accessory buildings shall not be located in any required buffer, landscape area, or stormwater management area.

G. An accessory structure shall not be located within a front yard, except as specifically provided herein.

H. An accessory structure shall not exceed twelve (12) feet in height except as provided in section 5.01.06. One (1) of the three (3) accessory structures may be constructed up to sixteen (16) feet in height to accommodate recreational vehicles, boats, or other large objects.

I. Accessory structures shall meet the following setback requirements.


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Table 5.01.02(I). Minimum Setbacks for Accessory Structures.

Minimum Setback in all Residential Districts (ft.) Minimum Setback in Nonresidential

Districts (ft.)

Front The greater of 25 feet or the required setback

of the principal building

Setbacks set forth in Table 4.02.02(C) for principal buildings.

Side 5

Rear 5

Side, adjacent to street

25

Waterfront 1 25 25

1 Docks are exempt from the waterfront setback. See section 5.01.07 for standards for docks, boat davits, boat lifts, boat covers, and boathouses. 2 Fences are excluded from the requirement of having a main structure provided standards listed in Section 5.01.11 are met.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 12-0-26, § A., 9-24-2012; Ord. No. 18-O-01, §

2, 8-29-2018)

5.01.03. - Portable accessory structures in all zoning districts. Portable accessory structures are those without a permanent foundation and capable of being

moved intact. Portable accessory structures shall meet all the requirements for accessory structures as set forth in section 5.01.02 above. Portable accessory structures shall also meet the following specific requirements:

A. Portable accessory structures shall be limited to one (1) per lot.

B. Portable accessory structures shall be anchored in a method approved by the city.

C. Portable accessory structures shall not be located within the required waterfront setback of waterfront yards.

D. Trailers, mobile homes, and tractor trailers shall not be used as accessory structures, except as specifically provided in section 5.01.06.

E. No mechanical equipment shall be operated within or attached to the structure.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.01.04. - Accessory structures in all residential districts. A. Accessory structures shall not occupy more than thirty (30) percent of the required rear yard.

B. Accessory structures shall meet the following separation requirements:

1. There shall be a minimum separation of seven (7) feet between principal and accessory structures on the same lot, except for swimming pool enclosures in compliance with section 5.01.13.

2. The separation shall be measured from the nearest edge of the eaves of each building.

3. Accessory structures connected to the principal building, whether by breezeway, covered passageway, or other means, shall meet the setbacks for principal buildings set forth for the zoning district in which the structures are located.


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(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.01.05. - Accessory dwellings in R-W, R-1, and NBR zoning districts. Accessory apartments, detached guesthouses, and helper quarters shall be permissible in

compliance with the following standards:

A. An accessory dwelling is intended to provide not-for-hire housing for relatives, guests, or domestic helpers. An accessory dwelling unit shall not be considered as an apartment, hotel, or any other kind of multifamily use and shall not be used as a rental unit.

B. Accessory dwellings within a principal building shall comply with the following standards:

1. An accessory dwelling shall not be construed to be located within a principal building when it is connected to the principal building only by a breezeway or roofed passageway.

2. No more than one (1) accessory dwelling shall be permitted.

3. An accessory dwelling shall not be permissible within a nonconforming principal building.

4. An accessory dwelling shall not be permissible where a variance or waiver is necessary in order to allow the accessory dwelling.

5. An accessory dwelling shall not occupy more than twenty-five (25) percent of the total floor area of the principal building.

C. Freestanding accessory dwellings shall comply with the following standards:

1. The floor area shall not exceed four hundred fifty (450) square feet.

2. An accessory dwelling shall be located only within a rear yard.

3. A separate water meter shall be provided for a freestanding accessory dwelling.

4. An accessory dwelling shall comply with all standards set forth in sections 5.01.02 and 5.01.04.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.01.06. - Accessory dwellings in IND, CON, and PI zoning districts. Housing or quarters for caretakers, security personnel, or park rangers shall be permissible in

compliance with the following standards:

A. An accessory dwelling is intended to provide housing for a caretaker, security person, or ranger. Accessory dwellings permissible under this section shall be subordinate to the principal use and shall not be used as a rental unit or for any purpose other than security, caretaker, or park ranger personnel required to live on the premises of the principal use.

B. An accessory dwelling shall be located in compliance with the standards set forth in section 5.01.02.

C. An accessory dwelling may be either site-built or a manufactured home.

D. No more than one (1) accessory dwelling shall be permitted on any lot.

E. There shall be a minimum separation of seven (7) feet between principal and accessory structures on the same lot.

F. The separation between buildings shall be measured from the nearest edge of the eaves of each building.

G. An accessory dwelling shall not exceed twenty-five (25) feet in height.

H. An accessory dwelling shall not exceed one thousand five hundred (1,500) square feet in gross floor area.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)


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5.01.07. - Docks, boat davits, boat lifts, boat covers, and boathouses. A. Docks, mooring facilities, boat davits, boat lifts, boat covers, and boathouses shall be permissible as

accessory structures, except as set forth in subsection 5.01.07(B) below. All docks, boat davits, boat lifts, boat covers, and boathouses shall meet the requirements set forth in subsections 5.01.07(C) through (O).

B. A dock may be permissible as a principal structure on lots apparently platted for such purpose, subject to the following standards:

1. The lot is owned by the owner of a development lot in the surrounding subdivision;

2. The lot has less than two hundred fifty (250) square feet of land;

3. The dock complies with all standards set forth in subsections 5.01.07(C) through (O);

4. The dock shall not extend beyond the property line for the lot; and

5. The dock shall not be required to comply with the setback standards in section 4.02.02, but shall not extend beyond the side property lines as extended into the water perpendicular to the shoreline.

C. Property owners wishing to build, remodel, or repair these structures shall first obtain a city building permit and undergo the appropriate city building inspection.

D. The maximum height of a boat davit, boat lift, boat cover or boathouse shall be seventeen (17) feet over the mean high water line to the highest point of the structure, with the elevation certified by the builder. No other structure constructed over the waters of the city shall exceed a height of six (6) feet over the mean high water line.

E. Covered docks, boathouses, boat covers and other structures constructed over the water shall not be enclosed on any side.

F. Neither a boat cover nor the roof of a boathouse shall be used as a deck, patio, dive platform, elevated viewing area or any type of use that would permit the occupation of the roof area. Boat covers and boathouses shall not include railings around the roof area or ladders or other devices for access to the roof area.

G. Nothing in this section shall prohibit the erection or maintenance of any unenclosed boathouse or boat cover on a water shore line provided, however, that any such boathouse or boat cover shall be required to meet the minimum side yard setback if any, specified in this LDC. Such side yard setback shall be measured from the extension of the side lot line into the water, perpendicular to the shoreline, at the point where it intersects with the mean high water line.

H. No dock or other structure constructed over water shall include flotation devices that contain non-encapsulated Styrofoam-type materials. Any dock or other structure constructed over water with flotation devices that contain non-encapsulated Styrofoam-type materials shall be considered a non-conforming structure upon the adoption of this regulation. Flotation devices containing non-encapsulated Styrofoam-type materials, which are used in such structures, must be replaced with other flotation devices by January 1, 2006. If a structure with non-encapsulated Styrofoam-type material deteriorates to the extent that a substantial number of particles are being released into the waterway, such structure shall be made to conform within ninety (90) days after notice by the city.

I. In accordance with the Crystal River Comprehensive Plan, residential boat docks and docking and mooring facilities shall be limited so as to include only one (1) boat slip per one hundred (100) feet of shoreline, or part thereof. Previously-platted duplex and multi-family lots may have one (1) boat slip per fifty (50) feet of shoreline, or part thereof. If a permit application for a dock or docking facility appears to include vessel-docking facilities greater in number than the permissible number of boat slips, the applicant shall be required to designate which docking facilities are boat slips, as defined herein, and which docking facilities are not boat slips, as defined herein. The permit for such dock or docking or mooring facility shall include a condition that only the designated boat slips shall be used for the permanent docking or mooring of boats or vessels.


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J. All boat docks, boat davits, boat lifts, boathouses, and boat covers shall comply with the following requirements, conditions and limitations:

1. Such structures need not be required to meet rear yard or waterfront setback requirements, but, except as provided hereinafter for joint docks, shall comply with any applicable side yard setback. Such side yard setback shall be measured from the extension of the side lot line into the water, perpendicular to the shore line, at the point where the side lot line intersects with the mean high water line.

2. Residential docks shall meet all FDEP requirements and limitations so as to either not require a permit or written authorization from the FDEP or to obtain a letter of consent from the FDEP.

3. Joint docks and boat slips, including attached boat covers, boat lifts, and boat davits, serving more than one (1) lot or parcel of land are permissible, provided the owners of such lots or parcels record an executed and effective agreement providing for the dock's location and joint use, access to the dock for all users, and enforceable joint maintenance obligations. A joint dock or boat slip may be located on a property line or within a side yard setback, as long as it serves the owners of both affected lots or parcels. The owners' agreement shall be recorded on the public records of Citrus County, at the owners' expense, before the permit for the joint structure is issued.

K. Boat davits and boat lifts are permissible on seawalls and on permitted boat docks. Such structures shall be constructed pursuant to sound engineering practices sufficient to protect the structural integrity of seawalls. Boats stored on such structures shall not protrude beyond the side yard setback. Such side yard setback shall be measured from the extension of the side lot line into the water, perpendicular to the shoreline, at the point where it intersects with the mean high water line.

L. No fill or dredge activity is authorized by a permit for a dock or other structure issued according to this section. A separate permit is required for fill and dredge activities except such activity that is necessary to install pilings.

M. No dock shall extend waterward of the mean high water line more than two hundred (200) feet over sovereign, submerged land or more than twenty-five (25) percent of the width of the waterway at that particular location, whichever is less. No boat shall be docked or anchored at any dock in such a manner that it extends into a waterway more than twenty-five (25) percent of the width of the waterway. The limitations of this subsection shall not apply to docks for lots having frontage on the end of a canal, as long as such docks do not extend beyond any applicable side yard setback. Such side yard setback shall be measured from the extension of the side lot line into the water, perpendicular to the shoreline, at the point where it intersects with the mean high water line.

N. When a structure is found by the city manager to be severely dilapidated or deteriorated and presents a navigational or safety hazard, the city manager may direct the property owner to sufficiently repair the structure so as to remove the hazard or to remove the structure. The owner shall have ninety (90) days to repair or remove the structure, which ninety (90) days may be extended for additional thirty-day periods by the city manager for good cause shown. after such period of time, the city may cause the structure to be removed and shall charge the costs of such removal to the owner.

O. Boats stored in the water shall not discharge any sewage into the Crystal River or any of its tributaries.

P. (1) All owners of all nonconforming docks, boat davits, boat lifts, boat covers and boathouses, before receiving a citation of noncompliance, shall receive a prominent warning with general information relating to bringing the noncompliant dock, boat davit, boat lift, boat cover and boathouse in compliance. Such notice shall also have a phone number prominently displayed for the purpose of obtaining more information relating to bringing the noncompliant dock, boat davit, boat lift, boat cover and boathouse in compliance.

(2) Any party who has substantially complied with this section by April 1, 2006, may file for an extension of time with the Planning Commission of the City of Crystal River by remitting a forty-five dollar ($45.00) filing fee and, in a quasi judicial setting, demonstrate such substantial compliance by showing an executed contract that, when performed, would bring the noncompliant dock, boat davit, boat lift, boat cover and Boathouse in compliance with all the requirements of this section. The deadline for filing for a six-month extension of time shall be May 1, 2006.


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(3) Any party affected by this section and whose dock, boat davit, boat lift, boat cover and boathouse is not in compliance with all the requirements of this section, may file for an extension of time with the Planning Commission of the City of Crystal River by remitting a forty-five dollar ($45.00) filing fee, and in a quasi judicial setting, demonstrate that the immediate enforcement of this section would present an undue financial hardship by documenting one of the following; (a) a death in the owner(s) immediate family, including parents and siblings; (b) Loss of employment by any of the owners of the noncompliant dock, boat davit, boat lift, boat cover and boathouse; (c) a debilitating illness. The deadline for filing for a nine-month extension of time shall be May 1, 2006.

(4) No party shall receive more than one (1) extension of time under any circumstances.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 06-0-04, §§ 1, 2, 2-27-2006; Ord. No. 10-0-07,

§ 1, 4-12-2010)

5.01.08. - Employee support facilities (cafeteria or dining room, day care facility, or recreation facility). A principal use located in CG, CH, CW, IND, or PI zoning districts may provide a central dining

facility, day care facility, or recreation facility to serve the employees of the principal use, subject to the following standards:

A. The facility shall not be open to the general public.

B. There shall be no signs advertising the presence of the facility.

C. The facility shall be an integral part of the permitted principal building.

D. Each separate support facility shall occupy not more than ten (10) percent of the total gross floor area of the principal building or buildings on the site. The total gross floor area for all employee support facilities shall not exceed thirty (30) percent of the total gross floor area of the principal building or buildings on the site.

E. Where a day care facility is provided, it shall comply with all state and federal standards for such a facility.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.01.09. - Support facilities for lodging or multi-family residential development (newsstands, laundry centers, recreation facility).

A principal use located in R-2, R-3, CW, CG, or CH zoning districts may provide a newsstand, laundry center, or recreation facility to serve the residents of the multi-family residential development or lodging establishment, subject to the following standards:

A. The facility shall not be open to the general public.

B. There shall be no signs, other than the occupancy sign, advertising the presence of the facility.

C. Free-standing facilities shall comply with the following standards:

1. The facility shall be located, designed, and oriented in such a way as to ensure compatibility with the surrounding and adjacent residential development. Compatibility shall be ensured through measures that limit the impacts of noise from traffic or gathering places, limit the impacts of outside lighting, protect the privacy of residents, and ensure consistency of appearance of the facility with the appearance of the residential uses in the surrounding and adjacent area. Measures to ensure compatibility may include:

a. Building orientation;

b. Location, type, and extent of landscaping;

c. Location, buffering, and extent of parking;

d. Location of access drives; and


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e. Location and buffering of active recreation areas and facilities.

2. Facilities devoted to newsstands or laundry centers shall not exceed five hundred (500) square feet in gross floor area.

3. Facilities or land areas devoted to recreation uses shall be of a size sufficient to provide park and recreation space to meet the needs of the development, based on the population served. Recreation uses may include the following:

a. Passive park space, such as picnic areas, walking trails, or seating areas.

b. Active recreation facilities may include swimming pools, ball fields, ball courts, or playgrounds.

4. Facilities shall be interconnected with the surrounding residential area by pedestrian paths, bicycle paths, sidewalks, or trails.

D. Facilities that are an integral part of the principal building(s) serving the use shall meet the following standards:

1. A newsstand shall not exceed ten (10) percent of the gross floor area of the principal building in which it is located.

2. A laundry center shall not exceed ten (10) percent of the gross floor area of the principal building in which it is located.

3. Recreation facilities shall not exceed twenty (20) percent of the total gross floor area of the principal building or buildings on the site.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.01.10. - Dumpsters and garbage containers. A. In addition to the requirements set forth in this section regarding location and screening standards for

dumpsters and garbage containers, all placement and use of dumpsters and garbage containers shall fully comply with the requirements of chapter 9 of the City Code of Ordinances. Where there is any conflict between standards set forth in this section and standards set forth in chapter 9 of the City Code of Ordinances, the more restrictive standard shall apply.

B. A dumpster shall be required for all multi-family development of eight (8) or more units.

C. A dumpster shall be required for the following specific uses regardless of gross floor area: restaurants, grocery stores, and convenience stores.

D. A dumpster shall be required for all development within CW, CG, CH, IND, or PI where the total gross floor area of all buildings on the site is two thousand (2,000) or more square feet.

E. Multi-family development of less than eight (8) units or development in CW, CG, CH, IND, or PI that is less than two thousand (2,000) square feet of gross floor area may provide either a dumpster or individual garbage containers.

F. Dumpsters shall meet the following standards:

1. Dumpsters shall be located on a paved surface of sufficient size to accommodate the dumpster.

2. The dumpster location shall be easily accessible for pick-up.

3. Dumpsters shall be located to the rear or side of the principal building. A location in the front of the principal building shall be permissible only where side and rear yard locations do not allow adequate access for pick-up.

4. Dumpsters shall not be located within any required buffer area; landscaped area, including parking lot landscaping; or stormwater management area.

5. Dumpsters shall be screened as follows:


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a. All four sides shall be screened.

b. Screening shall be in the form of evergreen trees and shrubs, or a solid wooden or masonry fence. Plants shall be planted in a double-staggered row to form a continuous hedge.

c. Trees and shrubs shall comply with the specifications for landscaping materials set forth in section 4.05.02, except that shrubs shall be a minimum of four (4) feet in height at the time of planting. Trees shall be selected from the list of understory trees and shall be planted a maximum of eight (8) feet apart, on center, in a double-staggered row. Trees and shrubs shall be maintained as required in subsection 4.05.02.D.

d. A gate shall be provided for access.

e. Dumpsters shall be set back from any adjacent property zoned or used for residential purposes a minimum of thirty (30) feet.

6. Dumpsters shall be located a minimum of twenty (20) feet from the exterior wall of a building, unless a closer distance is acceptable based on the fire rating of the wall and approved by the city.

G. Garbage containers shall meet the following standards:

1. Containers shall be of a size and type approved by the city.

2. A stable, firm, and level surface shall be provided, both in the permanent location and the pick-up location.

3. Containers shall be located to the rear or side of the principal building, except when moved to the front for pick-up.

4. Containers shall be screened from view from adjacent properties and the public right-of-way. Screening may be provided by shrubs planted in a double-staggered row on three (3) sides or by a wooden or masonry enclosure on three (3) sides.

5. Containers shall not be located in any required buffer area; landscaped area, including landscaping parking lots; or stormwater management area.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)


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dumpster

5.01.11. - Fences, hedges, and walls. A. All fences shall comply with the Florida Building Code. Wooden posts shall be pressure-treated and

shall be resistant to decay, corrosion, and termite infestation.


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B. Fences or hedges may be located in any front, side, and rear yard setback areas.

C. No fences or hedges shall exceed four (4) feet in height when placed in the front yard.

D. Each fence or hedge located in the side and rear yard shall not exceed the height of six (6) feet, except as set forth in subsection I. below.

E. In areas where the property faces two (2) roadways or is located in any other area construed to be a corner lot, no fence shall be located in the vision triangle, as described in section 6.04.04.

F. All fences shall be placed with the finished side facing the adjoining property or the right-of-way.

G. Any fence or wall that provides structural support to a building shall be considered part of the building and shall be required to meet the building setback standards.

H. A fence may tie-in to a building to complete the enclosure of a yard, where such fence does not provide support as set forth in subsection G. above.

I. No barbed wire or electric fences in any form shall be permitted in any zoning district. However, a security fence in an industrial zoning district may use barbed wire, provided that the fence shall not exceed eight (8) feet in height and the barbed wire on top of the fence shall not exceed an additional one (1) foot. A commercial zoning district may apply for the same type fencing with approval by the city manager.

J. No fence or hedge shall be constructed or installed in such a manner as to interfere with stormwater management facilities or to impede drainage on the site.

K. All fences, hedges, and walls shall be continually maintained for safety and appearance, consistent with the requirements of the LDC.

L. Classification of fences on vacant properties (properties within the CRA district must comply with chapter 4 of the Land Development Code for appearance.)

A. On lots with a main structure that has a vacant adjacent lot under the same ownership, the fence must meet all applicable codes. No accessory structure other than a fence may be constructed on an adjacent vacant property. The maximum height in the front cannot exceed four (4) feet from grade, must be a minimum of fifty (50) percent transparent and the fence must be constructed along the entire vacant lot (all sides). Adjacent vacant lot must be maintained at all times.

B. Vacant lots (stand-alone): Four (4) foot maximum height measured from grade. Materials must meet fencing criteria for fifty (50) percent transparency. No accessory structure or use other than a fence is allowed on stand-along vacant properties. The property must be maintained at all times.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 18-O-01, § 2, 8-29-2018)

5.01.12. - Storage buildings, utility buildings, sheds, and greenhouses. A. Storage buildings, sheds, utility buildings, and greenhouses that are used for industrial storage of

hazardous, incendiary, noxious, or pernicious materials shall be located a minimum of two hundred (200) feet from any property line.

B. Storage buildings, sheds, utility buildings, and greenhouses shall not be located within any easement.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.01.13. - Swimming pools and pool enclosures. A. All swimming pools or enclosures attached to principal structures shall meet the requirements of the

principal structure setbacks.

B. All pools shall provide fencing or enclosures in compliance with the requirements of the Florida Building Code.


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C. A screen enclosure may be installed instead of, or in addition to, a fence or wall, provided that the screen enclosure meets all the requirements of accessory structures as outlined in section 5.01.04.

D. No overhead electric power lines shall pass over any pool, nor shall any power line be nearer than ten (10) feet horizontally or vertically from the pool's edge, unless enclosed in conduit and rigidly supported.

E. Pool equipment may be located within the side yard setback, but not closer than five (5) feet to side or rear yard lot line.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.01.14. - Satellite dish antennas. All satellite dish antenna installations shall meet the following requirements:

A. The satellite dish antenna shall be considered a structure requiring a building permit prior to installation. Subsequent to installation, the antenna shall be maintained in compliance with all applicable building and electrical codes.

B. The satellite dish antenna installation and any part thereof shall maintain vertical and horizontal clearances from any electric lines and shall conform to the National Electric Safety Code.

C. The satellite dish antenna installation shall meet all FCC and manufacturer specifications, rules, and requirements.

D. The satellite dish antenna shall be of a nonreflective surface material and shall be made, to the maximum extent possible, to conform and blend, taking into consideration color and location, with the surrounding area and structures.

E. The satellite dish antenna shall contain no advertising or signage of any type.

F. The installer of any satellite dish antenna, prior to installation, shall submit detailed blueprints/drawings of the proposed satellite dish antenna installation and foundation which shall be certified by the manufacturer or a professional engineer.

G. The satellite dish antenna shall, to the maximum extent possible, be screened from view from a public right-of-way.

H. The maximum height of a ground-mounted satellite dish antenna installation shall be fifteen (15) feet.

I. The maximum height of a pole-mounted satellite dish antenna installation shall be thirteen and one-half (13½) feet above the eaves of the roof.

J. A satellite dish antenna shall not be installed on the roof of any main dwelling structure, except in compliance with subsection 5.01.14(K).

K. A mini-dish of twenty (20) inches in diameter or less may be installed on the roof of a principal or accessory building.

L. The satellite dish antenna installation, whether ground or pole, shall be mounted at a fixed point and shall not be portable.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.01.15. - Automotive oil and fluid change facilities. A. All establishments providing oil and fluid change facilities and services shall comply with the standards

of this section.

B. Drainage pits shall be located within an enclosed structure.


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C. Applications for establishments providing oil and fluid change facilities and services shall include proof of compliance with state and federal regulations regarding handling and disposal of oil and automotive fluids.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.01.16. - Accessory dwellings CG zoning districts. Accessory apartments, detached guesthouses, and helper quarters shall be permissible in

compliance with the following standards.

A. An accessory dwelling in the CG zoning district is intended to provide housing within or attached to a principle structure.

B. An accessory dwelling unit may be considered as an apartment and rented or leased separate from the principle structure.

C. Accessory dwellings within a principal building shall comply with the following standards:

1. An accessory dwelling shall not be construed to be located within a principal building when it is connected to the principal building only by a breezeway or roofed passageway.

2. No more than one (1) accessory dwelling shall be permitted.

3. An accessory dwelling shall not be permissible within a nonconforming principal building.

4. An accessory dwelling shall not be permissible where a variance or waiver is necessary in order to allow the accessory dwelling.

5. An accessory dwelling shall not occupy more than forty-five (45) percent of the total floor area of the principal building.

6. There shall be designated parking on-site for the accessory dwelling unit.

(Ord. No. 11-0-17, § 5, 1-9-2012)

Editor's note— Ord. No. 11-0-17, § 5, adopted Jan. 9, 2012, supplied provisions to be added as

§ 5.01.11. In order to maintain the numbering system of this Code, at the discretion of the editor,

these provisions have been redesignated as § 5.01.016 to read as set out herein.

5.02.00. - Temporary uses and structures. (Reserved)

5.03.00. - Telecommunications tower. A. Collocation.

1. Due Diligence. All applications where wireless communication facilities are not being provided through collocation shall include a collocation study that demonstrates there is not a suitable collocation site that can serve the needs of the user. Placement on existing towers, water towers or other tall structures shall be fully considered prior to making an application for a new tower.

2. Proximity. When a new (non-5G) tower is proposed within two miles of an existing tower, the applicant will be expected to prove that there is no technologically and structurally suitable space available within the search ring. The applicant shall submit satisfactory written evidence such as correspondence, agreements, contracts, etc., that alternative towers are not available for use. The proposed tower, if approved, shall be either camouflaged or stealth in design.

3. Speculation Towers. Speculation towers are prohibited.


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4. Expansion. The design of ground structures for new towers shall be such that modular expansion to accommodate collocation is feasible.

B. Freestanding Towers. The following conditions shall be met before a freestanding telecommunication tower is approved:

1. Maximum Height.

a. 125 feet for towers with provisions for two or three locations

b. 180 feet for towers for provisions for four or more locations

2. Setbacks Requirements.

a. Collapse Zone. A collapse zone shall be designed so that tower collapse will occur only within the property owned or leased by the tower company, or controlled by an easement held by the tower company.

b. Residential Setback. The tower must be set back a distance of its height plus 50 feet from any residential structure, unless the owner of the structure waives this requirement by a notarized affidavit.

3. Buffer Requirements. Buffer (D) as conveyed in Table 4.05.03.B. (Types and Plant Requirements for Buffers) shall be provided around the entire perimeter of the parent property containing the tower (not just the leased area). If a forested buffer does not exist, a new buffer shall be planted in accordance with the provisions. For camouflage and stealth towers, the City Manager may approve a modification of this requirement based on site design.

4. Lighting Requirements. All towers 150 feet or taller shall be lighted. Lighting shall be in accordance with Federal Aviation Administration (FAA) Advisory Circular AC 70/7460-1K (and all future updates) and FAA Advisory Circular AC 150/5345-43E (and all future updates) and shall be red strobe lights (L-864) at night and medium-intensity flashing white lights (L-865) during daylight and twilight use, unless otherwise required by the FAA. No general illumination shall be permitted. All commercial communication towers approved by the City of Crystal River prior to the adoption of this amendment and operating in conformance with those approvals shall be deemed to be a lawful, nonconforming use and structures and are not subject to these lighting requirements. Status as a lawful nonconforming use of structure under this section shall terminate upon expiration or revocation of a commercial communication tower’s permit, or upon any modification to the height of the tower.

5. Visual Impact.

a. Location. Structures shall be located on the interior of the property, such that they do not front directly upon a street and if possible, behind a building. Where this is not possible and the structures must be located on a street, they shall not be located on corners.

b. If deemed to adversely affect any historic structure, site, or Community Redevelopment Area (CRA), as determined by the City Manager, the City may deny the application and the applicant may be asked to select an alternate site.

c. The color of the tower and its antennae shall be one that will blend, to the greatest extent possible with the natural surroundings.

d. Perimeter Security: The tower shall be appropriately secured by means of a wall, fence, or other device at least 7 feet high; however, razor wire shall not be permitted directly adjacent to a public right-of-way. Fencing shall either be painted or PVC-coated dark green, brown, black, or gray. In lieu of standards for buffer (d), the immediate perimeter of the fence or wall surrounding the tower and associated structure shall be planted with evergreen shrubs capable of obtaining a height of 12 feet, with a maximum spacing of 10 feet.


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e. Signage. A sign of no more than two square feet shall be mounted in an easily noticeable location, no more than four feet above the ground, providing tower identification and an emergency notification number.

f. Application Disputes: If disputed evidence occurs in the review of the application, the City may hire, at the developer’s expense, a communications expert or engineer of its own choosing to assist in determining the facts.

6. Special Exceptions. The Planning Commission may approve towers up to 300 feet in height after a public hearing and findings of fact based on the both of the following criteria:

a. All application requirements and all conditions outlined above are met.

b. The applicant has demonstrated that additional height is necessary for service to occupants of an area within the City. The Planning Commission has the authority to establish setback requirements and such additional conditions as it deems necessary to remove danger to health and safety, and to protect adjacent property.

7. Accessory Uses. Accessory uses include transmitter facility buildings.

D. Roof-Mounted Telecommunication Towers. The following conditions apply to roof-mounted telecommunication towers:

1. No tower may be located on any residential structure.

2. A proposed roof-mounted tower shall not extend more than 20 feet above the highest part of the structure.

E. Small Wireless Facilities. The City shall review the location or installation of new, modified, or replacement Utility Poles and/or Wireless Support Structures and the attachment of Wireless Facilities and equipment on Utility Poles or Wireless Support Structures. Review factors, in addition to location, shall include the size, shape, color, texture, and materials of the structures and attachments.

1. A proposed Wireless Facility shall be designed to not be significantly more readily apparent or plainly visible (to a reasonable person of ordinary sensibilities) from covered areas than existing utility structures, poles and equipment located within five hundred (500) linear feet on the same covered area as the subject Utility Pole or Wireless Support Structure.

2. Where Small Wireless Facilities are determined to be appropriate, the use of reasonable stealth and concealment treatments, low profile equipment and control boxes, and screening may be required to avoid significant negative impacts on the character and visual aesthetics of the area. Such requirements may be waived by the Planning Commission upon a showing that the particular location of a Small Wireless Facility does not warrant stealth or concealment treatments or imposes an excessive expense.

3. Maximum Size.

a. The height of an Antenna of a Collocated Small Wireless Facility shall be limited to the greater of ten (10) feet above the height of an existing or modified Utility Pole or Wireless Support Structure; or

b. The height of a new or modified Utility Pole, or Wireless Support Structure is limited to the greater of:

i. the tallest Utility Pole (excluding Transmission Poles) or Wireless Support Structure located in the same Covered Area, measured from grade, in place within five hundred (500) linear feet on the same Covered Area as the subject Utility Pole or Wireless Support Structure as of the effective date of this Ordinance; or

ii. in the absence of any such Utility Pole or Wireless Support Structure, either:

(a) forty (40) feet in any area zoned primarily for single family residential use, or

(b) fifty (50) feet in any other area.


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(iii) Collocation is not allowed on a Decorative Pole less than twenty (20) feet in height.

4. Special Districts. Collocated Small Wireless Facilitates and new or modified Utility Poles or Wireless Support Structures located in a designated Underground District, Historic District, or Design District with architectural standards (including the CRA overlay district) shall be subject to the associated design and aesthetic and review requirements of these districts.

a. Underground Districts. A Wireless Services Provider or a Wireless Infrastructure Provider shall comply with nondiscriminatory requirements that prohibit electric utilities, telecommunications or cable providers from installing above-ground structures in the Covered Area in these districts. Nothing in this section shall prohibit the use or replacement of existing Utility Poles or Wireless Support Structures in Underground Districts for the Collocation of Small Wireless Facilities subject to administrative review by the zoning administrator, appropriate design and concealment and a finding that such use does not increase the height by more than three (3) feet.

b. Historic District and Design District. As a condition for approval of new Small Wireless Facilities or new Wireless Support Structure in a Historic District or a Design District, the City may require that a Wireless Services Provider or a Wireless Infrastructure Provider comply with the design and aesthetic standards of the Historic District or Design District to minimize the impact to the aesthetics in a Historic District or on a Design District's Decorative Poles. If design and concealment treatments are determined on review by the City to be insufficient to mitigate harm to the Historic District or Design District, the Application may be denied.

This section may not be construed to limit a municipality's authority to enforce historic preservation zoning regulations consistent with the preservation of local zoning authority under 47 U.S.C. Section 332(c)(7), the requirements for facility modifications under 47 U.S.C. Section 1455(a), or the National Historic Preservation Act of 1966 (54 U.S.C. Section 300101 et seq.), and the regulations adopted to implement those laws.

F. Abandonment. All towers, antennae, accessory structures, or equipment that is not used for communication purposes for more than 180 days shall be considered abandoned and shall be removed by the owner within 60 days. Removal costs shall be the responsibility of the communications tower owner. The City of Crystal River reserves the right to dismantle any abandoned communications structure and associated equipment that has not been removed within the allotted time period. In that event, the City of Crystal River may retain any and all materials, and dispose, use, or sell said materials unless reimbursed by the communications tower owner within 30 days of being sent an invoice.

5.04.00. - Signs. (5.04.01—5.04.08. - Reserved.) 5.04.09. - Specific standards for signs in commercial centers. A. A master signage plan shall be required for all new and redeveloped commercial centers. The master

signage plan shall include information regarding the location, type, size, color, materials, and design of all signs proposed for the site of the commercial center. Tenants in commercial centers existing on the effective date of this LDC shall meet the standards of this section, whether or not a master signage plan has been prepared for the commercial center.

B. All signs located within a commercial center site shall be consistent in color, design, and materials with the design features of the commercial center.

C. A commercial center shall be limited to one (1) monument sign per collector or arterial street frontage. Signs shall not be permitted on a local street.

D. Where a commercial center contains two (2) or more tenants, each tenant shall be limited to one (1) sign per tenant. The sign may be a wall sign, an awning sign, or a projecting sign.


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E. Where a commercial center contains only one (1) tenant who provides multiple services or businesses, the commercial center may have three (3) additional signs. The additional signs shall be wall signs or awning signs.

F. The following design standards apply to signs in a commercial center:

Table 5.04.09(F). Design Standards for Permanent On-Site Signs in a Commercial Center.

Sign Type: Standard

Monument Wall Awning Projecting

Maximum sign area

1 s.f. per linear foot of frontage, not to exceed 80

s.f.

5% of wall area on which the sign is located, not to

exceed 24 s.f. per sign

25% of the awning surface 16 s.f.

Sign location

Set back a minimum of 5 feet from the property

line

Front or side facade NA Front facade

Sign structure

height Maximum 12 feet NA

Lowest part of the awning shall be a minimum of 8 feet above the surface

directly below the awning

Bottom of the projecting sign structure shall be a

minimum of 8 feet above the surface directly below

the sign

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.05.00. - Supplemental standards for specific uses. 5.05.01. - Generally. A. Specific uses permissible in each zoning district are identified in Table 2.03.02. Uses permissible

subject to supplemental standards are identified by the letter "S." These uses are permissible only in compliance with the standards applicable to the zoning district, as set forth in chapter 4, and the additional standards set forth below.

B. Where there is a conflict between a standard applicable to the zoning district and the supplemental standards set forth below, the more restrictive standard shall apply.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.05.02. - Adult uses. Adult entertainment establishments are regulated in chapter 11, article II, of the City Code of

Ordinances. The following uses are defined and subject to the standards and criteria set forth in chapter 11, article II, of the City Code of Ordinances: adult bookstore, adult theater, and adult dancing establishment.

Such uses shall comply with the standards of the zoning district in which the use is permissible and the design and location standards set forth in sections 11-71 through 11-73 of the City Code of Ordinances.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)


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5.05.03. - Alcoholic beverage sales. A. The sale of alcoholic beverages shall not be permitted on any parcel of land if any part of said parcel

is situated with five hundred (500) feet from any point on a building or structure used as a school, hospital, religious facility, public library, or a park or playground open to the public.

B. This restriction does not apply to alcoholic beverage sales limited to malt beverages and wine.

C. No existing lawful establishment in which alcoholic beverages are sold shall become nonconforming because of the subsequent erection or expansion of a school, hospital, religious facility, public library, or a park or playground open to the public.

D. The temporary suspension or lapse of a state license to sell alcoholic beverages as a result of a change of ownership or tenant shall not make a previously conforming use of any property for the sale of alcoholic beverages unlawful or nonconforming.

E. The setbacks contained in this section shall not apply to those businesses within the city limits of the City of Crystal River, holding an occupational license as a restaurant, and otherwise duly licensed as such under any requirements of state or local law, which derives at least fifty-one (51) percent of its gross revenues from the sale of food and non-alcoholic beverages, and which does not sell or serve alcoholic beverages after the hours for serving food have elapsed.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 10-0-20, § 1, 12-13-2010)

5.05.04. - Bed and breakfast inn. A. A bed and breakfast inn is permissible in CW, CG, and CH zoning districts, subject to the standards

applicable to the zoning district.

B. A bed and breakfast inn is permissible in R-2, R-3, and NBR zoning districts, subject to the standards of the zoning district and the supplemental standards set forth below.

C. The manager of the bed and breakfast inn shall reside in the inn.

D. Density shall not exceed the allowable residential density as set forth in Table 4.01.01. Each two (2) bedrooms or lodging rooms shall be the equivalent of one (1) residential dwelling unit. Where the equivalent number of residential dwellings contains a fraction, the number shall be round up to the next whole number. All bedrooms shall be counted in the determination of density, whether occupied by the owner, the owner's family in residence in the bed and breakfast inn, or guests.

E. A newly constructed building in which the bed and breakfast inn is located shall be substantially similar in design, appearance, and character to residential dwellings located within a two hundred-foot radius. Distance shall be measured from all property lines of the lot on which the bed and breakfast inn is located.

F. Breakfast, social events, and activities shall be limited to the guests or lodgers in the inn, and shall not be held out to the general public.

G. Parking for the bed and breakfast inn shall be located as follows:

1. Two (2) temporary (check-in / out) parking spaces may be located in a driveway in front of the inn.

2. All other required parking spaces shall be located to the side or rear of the principal structure.

3. On-street parking shall not count toward meeting the parking requirements of the bed and breakfast inn.

H. One (1) sign identifying the bed and breakfast inn shall be allowed, subject to the following standards:

1. The maximum sign area shall be eight (8) square feet.

2. The sign shall have color, design, and materials consistent with the color, design, and materials of the inn.

3. The sign shall not be illuminated.


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4. The sign shall be only a monument sign or a building mounted sign.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.05.05. - Car wash establishments (freestanding). A. A car wash establishment is permissible in the CH zoning district, subject to the district standards and

the supplemental standards set forth below.

B. A car wash establishment shall be located a minimum of two hundred fifty (250) feet from any property zoned for residential purposes. Measurement of the distance shall be from the property line of the lot on which the car wash establishment is located to the property line of the nearest lot zoned for residential purposes.

C. An off-street stacking lane shall be provided for each stall where car washing occurs. Each stacking lane shall be a minimum of one hundred (100) feet in length.

D. Where an office serves the car wash establishment, off-street parking shall be provided as required in section 6.04.07.

E. The primary access to the car wash establishment shall be from a collector or arterial street.

F. Exterior lighting shall be directed and shielded to avoid illumination of adjacent properties.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.05.06. - Clubs, lodges, and community centers. A. Clubs, lodges, and community centers are permissible in the CW, CG, CH, and PI zoning districts,

subject to the standards of the zoning district.

B. Clubs, lodges, and community centers are permissible in the NBR zoning district subject to the standards of the zoning district and the supplemental standards set forth below.

C. The club, lodge, or community center (called "center") shall be located on a collector or arterial street.

D. The building in which the center is located shall be substantially similar in design, appearance, and character to buildings located within a two hundred-foot radius. Distance shall be measured from all property lines of the lot on which the center is located.

E. The minimum lot area for a center is twenty thousand (20,000) square feet.

F. The maximum lot area for a center is eighty thousand (80,000) square feet.

G. Parking for the center shall be located as follows:

1. All required parking spaces shall be located to the side or rear of the principal structure.

2. On-street parking shall not count toward meeting the parking requirements of the center.

H. One (1) sign identifying the center shall be allowed, subject to the following standards:


2. The sign shall have color, design, and materials consistent with the color, design, and materials of the inn.



I. Outdoor recreation facilities may be provided, subject to the following standards:

1. The buffer adjacent to the outdoor recreation area shall be two (2) times the buffer otherwise required pursuant to section 4.05.00.

2. There shall be no outside lighting.


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3. There shall be no loudspeakers or paging systems.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.05.07. - Day care centers. A. Day care centers are permissible in the CW, CG, CH, and PI zoning districts, subject to the standards

of the zoning district.

B. Day care centers are permissible in the R-2, R-3, and NBR zoning district subject to the standards of the zoning district and the supplemental standards set forth below.

C. The minimum lot area for a day care center is twenty-one thousand, seven hundred eighty (21,780) square feet.

D. The buffer shall comply with the standards set forth in section 4.05.00, except that the minimum buffer between the day care center and an adjacent property zoned for residential use is type C.

E. Parking for the center shall be located as follows:

1. All required parking spaces shall be located to the side or rear of the principal structure.

2. The required number of parking spaces for the center shall not include on-street parking.

F. One (1) sign identifying the center shall be allowed, subject to the following standards:


2. The sign shall have color, design, and materials consistent with the color, design, and materials of the building.



G. Playgrounds shall be provided in a size and type required by state standards. The following additional standards shall apply:

1. The playground shall be located in the rear yard. Where site characteristics prevent location of a playground in the rear yard, and adequate space is available in the side yard, a playground may be located in the side yard. Location of a playground in the front yard is prohibited.

2. The playground shall be fully fenced.

3. The playground shall be located not closer than fifty (50) feet to any adjacent property zoned for residential use.

4. The hours of operation for a playground shall be not earlier than 8:00 a.m., and not later than 6:00 p.m.

H. Access requirements for day care centers:

1. Access may be permissible from a local street in compliance with the access standards set forth in section 6.04.00.

2. Where access is provided on a local street, the day care center point of access shall be not more than one thousand three hundred twenty (1,320) feet from the intersection of the centerlines of the local street with a collector street.

3. When the requirements of subsections H.1. and H.2. cannot be met, access shall be from a collector or arterial street.

An off-street drop-off area for persons served by the facility shall be provided. 4. The drop-off area shall be separate from the lane(s) providing access to the parking area.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)


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5.05.08. - Gasoline service stations. A. A gasoline service station is permissible in the CH zoning district, subject to the district standards and


B. The term "gasoline service station" includes convenience stores with gas pumps, and establishments that provide the following accessory uses in addition to gas pumps: fast food restaurants, drive-through restaurants, groceries and sundries, supplies for the traveling public, food and beverages.

C. Gasoline service stations shall comply with the requirements of chapter 12, article II, of the City Code of Ordinances.

D. Access requirements for gasoline service stations:

1. Access shall be from a collector or arterial street.

2. Access shall be a minimum of one hundred (100) feet from a street intersection as measured at the intersection of the street centerlines.

3. Access shall be a minimum of two hundred fifty (250) feet from a property used as a public or private school, public playground, religious facility, hospital, or public library. The distance shall be measured along the right-of-way from the point of access to the property line of the property used as specified in this section.

E. The minimum lot dimensions shall be one hundred fifty (150) feet in width and one hundred fifty (150) feet in depth.

F. Gasoline pumps shall be set back a minimum of thirty (30) feet from any property line.

G. Underground storage tanks shall be designed, located, and monitored in full compliance with state requirements. Evidence of such compliance shall be provided to the city.

H. Oil drainage pits and hydraulic lifts shall be located as follows:

1. Such uses shall be within an enclosed structure.

2. Such uses shall be set back a minimum of fifty (50) feet from any property line.

I. Gasoline service stations located within one hundred (100) feet of any property zoned for residential uses shall meet the following standards:

1. The buffer shall be two (2) times the buffer that is otherwise required by section 4.05.00.

2. A masonry, wood, or solid fence shall be required on any side or rear property line that is within one hundred (100) feet of any property zoned for residential uses. The fence shall be a minimum of six (6) feet in height, but not more than eight (8) feet in height. The decorative or finished side of the fence shall face outward.

J. Drive-through lanes for restaurants associated with the gasoline service station shall be located a minimum of one hundred (100) feet from any property zoned for residential uses. Distance shall be measured from the outermost edge of the drive-through lane to the property line of property zoned for residential use.

K. Dumpsters shall not be located within fifty (50) feet of property zoned for residential use.

L. All exterior lighting shall be directed and shielded to avoid direct illumination of adjacent properties.

M. Audio amplification systems, including, but not limited to, telephone loudspeakers or paging systems, shall be located to ensure that the sound cannot be heard on adjacent properties.

N. Any repair services shall be provided only within an enclosed building.

O. Vehicle parts, supplies, damaged parts, or other materials and supplies shall be stored within an enclosed building.

P. Canopies over gas pumps or pump islands shall meet the setback requirements for the CH zoning district.


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Q. The sale of vehicles is prohibited on the gasoline service station site and any adjacent right-of-way.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.05.09. - Marinas. A. A marina is permissible in the CW zoning district, subject to the district standards and the supplemental

standards set forth below.

B. A marina shall provide parking for boat trailers or vehicle-trailer combinations. Fifty (50) percent of the required off-street parking vehicles may be replaced with parking for vehicle-trailer combinations. In addition to the required parking set forth in section 6.04.07, parking may be provided for boat trailers.

C. A marina may provide wet or dry storage for boats; sale of fuel and oil for watercraft; sale of parts and supplies for watercraft; sale of prepared, packaged food and beverages for personal consumption; sale of personal safety equipment; sale of bait; and sale of fishing equipment.

D. Construction of a new marina, expansion of an existing marina, or renovation of an existing marina shall comply with the following standards:

1. All docks and structures erected over or in the water shall be confined to the area adjacent to the uplands forming a part of the marina.

2. Parking and dry-storage shall be placed on uplands.

3. Any permissible channels shall be of a minimum depth and width capable of providing access to the marina.

4. Design and construction of the marina, associated docks, piers, and/or boardwalks shall maintain natural water circulation and the free flow of water.

5. Any bulkhead shall not extend beyond the established mean high water line.

6. No piers, docks, or other facility shall be located so as to interfere with navigation.

7. Wetlands and grass beds shall be avoided.

8. Construction materials and processes shall minimize environmental impacts and shall be the best technology available.

9. Where fuel or other hazardous substances will be stored, handled, or sold, the marina shall provide facilities and procedures for the prevention, containment, recovery, and mitigation of spilled fuel or other hazardous substance. Facilities and procedures shall be designed to prevent substances from entering the water or soil, and shall include adequate means for prompt and effective cleanup of any spills that occur.

10. Fueling facilities shall be located as far as possible from the shoreline. Permanent docking is prohibited along the portion of the pier containing fuel pumps and fueling equipment.

11. Stacked dry storage shall only be permissible within an enclosed building.

12. Facilities for engine repair shall be within an enclosed building.

E. Any marina which provides mooring for vessels for living-aboard purposes shall comply with the following standards:

1. The vessels used for habitation shall have sewage holding facilities.

2. The marina shall provide pump-out, holding, and treatment facilities.

3. A dumpster shall be provided, in compliance with the design, location, and screening requirements set forth in section 5.01.10.

4. The marina shall have public restrooms with facilities for sewage disposal and bathing, meeting the requirements of the standard plumbing code.


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F. Proof of permits or exemptions from applicable state and federal regulatory agencies shall be provided to the city.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.05.10. - Religious uses and facilities. A. Religious uses and facilities are permissible in the CW, CG, CH, IND, and PI zoning districts, subject

to the standards of the zoning district.

B. Religious uses and facilities are permissible in the R-2, R-3, and NBR zoning districts subject to the standards of the zoning district and the supplemental standards of this section.

C. The primary use for a site developed for religious uses is worship. Worship is a form of religious practice with its creed and ritual.

D. Uses and activities other than worship shall be considered accessory uses and shall be clearly ancillary to the primary use. Such uses and activities shall be limited to religious instruction (such as "Sunday School," Bible school, or similar instruction or study typically associated with the religion); offices to support the establishment; child or adult day care, subject to the standards of subsection 5.05.10.G.; private academic school, subject to the standards of subsection 5.05.10.H.; fellowship hall, with or without a kitchen, subject to the standards of subsection 5.05.10.I., (which may be known as a community center, activity hall, or life center); and individual meeting spaces.

E. All accessory uses are subject to the following requirements:

1. The accessory use shall be owned and operated only by the owner of the primary use.

2. The facility housing the accessory use shall meet all local, state, or federal standards.

3. The owner of the primary use shall obtain any licenses required to conduct the accessory use. Any approval of the accessory use shall be contingent upon receipt of all licenses.

4. Audio amplification systems, including, but not limited to, telephone loudspeakers or paging systems, shall be located to ensure that they cannot be heard on adjacent properties.

5. All outdoor activities shall occur no earlier than 8:00 a.m. and no later than 10:00 p.m.

6. All exterior lighting shall be directed or shielded to avoid illumination of adjacent properties.

7. Outdoor play or activity areas shall be no closer than fifty (50) feet from property zoned for residential use, as measured to the nearest residential property line.

F. The following activities shall be prohibited in association with religious uses: retreat centers; overnight lodging facilities or other temporary sleeping quarters; and any use not specifically identified as an allowable accessory use. Notwithstanding the prohibition of overnight lodging, one (1) residential dwelling unit may be provided as a parsonage, subject to the standards of subsection 5.05.10.J.

G. Child day care, adult day care, preschool, or child nursery uses are allowable accessory uses subject to the following standards:

The total floor area allocated to the child day care, adult day care, preschool, or nursery uses shall not exceed ten (10) percent of the total gross floor area on the site. The calculation of total floor area allocated to the uses shall be cumulative and shall include all child day care, adult day care, preschool, nursery facilities, and related mechanical and support facilities.

An off-street drop-off area for persons served by the facility shall be provided.

H. Private academic schools are allowable accessory uses subject to the following standards:

1. The total floor area allocated to the school shall not exceed twenty (20) percent of the total gross floor area on the site. The calculation of total floor area allocated to the school shall include all components of the school: classrooms, school library, school offices, teacher work areas, and the like, including related mechanical and support facilities.


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2. An off-street drop-off area for persons served by the facility shall be provided.

I. A fellowship hall is an allowable accessory use subject to the following standards:

1. Dining, including dining open to the public as a "soup kitchen," is permitted between the hours of 8:00 a.m. and 10:00 p.m., provided:

a. The owner of the religious use ensures that meal recipients remain on the site except during travel to and from the fellowship hall; and

b. No consideration or value of any kind is given, directly or indirectly, in exchange for the meal.

2. The total floor area allocated to the fellowship hall, including related mechanical and support facilities, shall not exceed twenty (20) percent of the total floor area on the site.

J. One (1) residential dwelling unit is allowable to serve as a parsonage, subject to the following standards:

1. The minimum lot area for the dwelling unit ("parsonage lot") shall be seven thousand five hundred (7,500) square feet. The parsonage lot shall be used exclusively for the dwelling unit, and shall not include any primary or other accessory use allowable on the site. The parsonage lot shall not be used for any support activity to the primary or accessory uses, such as outdoor play areas, storage, or parking, other than as specifically provided in subsections 5.05.10.J.5. and 6. below.

2. The maximum lot coverage for the parsonage lot shall be thirty-five (35) percent.

3. Two (2) parking spaces shall be provided within the parsonage lot.

4. The maximum building height on the parsonage lot shall be thirty-five (35) feet.

5. The parsonage lot may contain children's outdoor play equipment, in a size and quantity typical of a single-family residential use.

6. The parsonage lot may contain a residential swimming pool, fully enclosed, and attached to the dwelling.

K. A specific parking plan shall be provided. This plan shall identify the primary use and each accessory use proposed on the site. The parking plan shall indicate the hours of operation and peak times of use (parking demand) for the primary use and each accessory use on the site. The parking standards for the primary use and each accessory use shall be identified, based upon section 6.04.07. The parking plan may include reduced or shared parking. If reduced or shared parking is proposed, the parking plan and supporting data shall clearly indicate that differing peak use and associated parking requirements shall not result in a parking deficiency on the site. The parking plan shall indicate areas designated for overflow parking during times of extraordinary use (such as festival or holiday periods).

L. For religious uses that exceed ten thousand (10,000) square feet in total floor area, excluding the parsonage, if any, the minimum setback from any residential property line that is otherwise required shall increase five (5) feet for each two thousand (2,000) square feet, or portion thereof, over ten thousand (10,000) square feet.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.05.11. - Commercial centers. A. Commercial centers are permissible in the CW, CG, CH, and IND zoning districts, subject to the

standards of the zoning district and the supplemental standards of this section.

B. A commercial center as defined in section 1.07.00, may consist of one (1) or a group of buildings. Commercial development is a commercial center when it meets one (1) of the following conditions:

1. Any single building of twenty-five thousand (25,000) square feet or more of gross leasable area;

2. Two (2) buildings with a total of forty thousand (40,000) square feet or more of gross leasable area; or


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3. Three (3) or more buildings with a total of fifty thousand (50,000) square feet or more of gross leasable area.

C. A commercial development on adjoining lots or parcels of land, regardless of the ownership of such lots or parcels, shall be a commercial center if developed under a single development permit. Where more than one (1) commercial center building is proposed on a single parcel of land, there shall be a unified design and management plan to ensure continual compliance with an approved site plan.

D. A commercial center may have one (1) or a combination of uses, provided that the proposed uses are permissible in the zoning district in which the commercial center is proposed.

E. When an existing building with twenty-five thousand (25,000) square feet or more is proposed for redevelopment and the redevelopment is determined to be a change of use according to section 10.00.05, the building shall be brought into compliance with the requirements of this section.

F. Development may be proposed on a single parcel, or two (2) or more parcels. Where a single development is proposed that includes two (2) or more parcels, the development shall be under unified control and management. Proof of unified control and management shall be provided to the city.

G. Commercial centers shall comply with design standards for all commercial buildings set forth in section 4.02.06. In addition, the following design standards are required for all commercial centers.

1. The standards for buffers in section 4.05.00 shall apply on the perimeter of the development parcel. Buffers shall not be required between uses on the interior of the development parcel. This does not relieve the applicant from meeting all landscaping requirements that may apply to the total site or parking areas within the site.

2. Where two (2) or more buildings are proposed within the development site, such buildings shall be connected by sidewalks or pedestrian pathways. Sidewalks or pedestrian pathways shall be clearly delineated through the use of landscaped areas. Sidewalks shall be made of materials such as scored concrete, pavers, or brick.

3. Appearance standards. Each principal building on a site shall have clearly defined, highly visible customer entrances, featuring no less than two (2) of the following features:

a. Arcades.

b. Arches.

c. Canopies or porticos.

d. Cupolas.

e. Overhangs.

f. Recesses or projections.

g. Architectural details, such as tile work or molding, which is integrated into the building structure and design.

h. Integral planters or wing walls that incorporate landscaped areas or places for sitting.

4. Foundation landscaping shall be provided for at least fifty (50) percent of each facade located along a public right-of-way or parking area.

5. The following specific design standards are required for all commercial centers:


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Table 5.05.11(G). Design Standards for Commercial Centers.

Development Feature Standard

Facades over 100 feet in length

Provide wall projections or recesses a minimum of three feet in depth and a minimum of 20 contiguous feet long within each 100 feet of facade length

Arcades, display windows, entry areas, or awnings shall be provided along at least 60

percent of the facade

Repeating pattern of color, texture, or materials change is required

Roof and roof line Provide a change in height every 100 linear feet of building length

Parapets, mansard roofs, gable roofs, hip roofs, or dormers shall be used to conceal

flat roofs and roof top equipment from public view

Parking Shall not exceed 110 percent of the parking standard provided in section 6.04.07.

At least 20 percent of the required parking shall be provided in pervious pavement,

grass, gravel, turf block, or similar material

Loading docks Screened from view from adjacent properties and from the public right-of-way

Setback a minimum of 100 feet from any residentially zoned property

Outside storage and displays

Screened from view from adjacent properties and from the public right-of-way

Setback a minimum of 100 feet from any residentially zoned property

Seasonal sales (See section 5.02.00)

Shall not occupy any required parking spaces or parking lot aisles

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)


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facades

rooftop

5.05.12. - Vehicle sales establishments (new or used). A. Vehicle sales established for new or used vehicles are permissible in the CH and IND zoning districts,

subject to the standards for the zoning district and the supplemental standards set forth in this section.

B. Vehicle sales establishments may sell, rent, or lease vehicles, including recreational vehicles, motor vehicles, and watercraft.


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C. Vehicle sales establishments shall be located a minimum of one hundred (100) feet from any property zoned for residential use.

D. All areas for display or sale shall be provided with a paved, or stabilized, dust free surface. Areas used for display or sale of vehicles shall not include any parking spaces required to meet the standards of section 6.04.07.

E. Only motor vehicles, recreational vehicles, and watercraft that are currently licensed may be sold or leased.

F. Mechanical repairs, body, and paint repairs are permitted as an accessory use to facilities providing new or used vehicles, watercraft, and recreational vehicle sales. Such repairs shall only be conducted within an enclosed building which meets all applicable federal and state requirements, including health, safety and fire prevention regulations.

G. All property lines adjacent to vehicle displays shall have installed a permanent guardrail, fence, or parking block to prevent vehicles from accidentally rolling from the display area.

H. The owner of the vehicle sales establishment shall prepare a plan and inventory for the safe storage of flammable or hazardous materials to be stored or used on the property. The plan shall provide for the prevention, containment, recovery, and mitigation of spilled fuel or other hazardous material. The inventory shall be submitted to the city prior to the building permit approval, listing the type, quantity, and location of these materials. The inventory shall be kept current pursuant to direction provided by the city.

I. Vehicles, signs, banners, tents, or other items shall not be stored, parked, displayed, or otherwise placed on public rights-of-way at any time.

J. All exterior lighting shall be directed or shielded to avoid illumination of adjacent properties.

K. Audio amplification systems, including, but not limited to, telephone loudspeakers or paging systems, shall be located to ensure that they cannot be heard on adjacent properties.

L. All outside storage and loading areas shall be fully screened from view from adjacent properties and the public right-of-way. Screening may be landscaping or enclosure by a wooden, masonry, or solid fence. Where landscaping is provided, the landscaping shall be a type C buffer meeting the standards set forth in section 4.05.00. Where a fence is provided, the fence shall be a maximum of six (6) feet in height. The finished side shall face outward.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.05.13. - Resort housing units. A. Resort housing units are permissible in the CW zoning district, subject to the district standards and


B. Nightly rentals or rentals of less than a one-week period are not permitted.

C. Density for resort housing units shall not exceed twelve (12) units per acre.

D. Resort housing units may be managed by the individual unit owner or by a property management company. An occupational license is required for the manager, whether an individual owner with a single unit, or a property management company.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.05.14. - Funeral homes, mortuaries, and undertaking establishments. A. Funeral homes, mortuaries, and undertaking establishments, with or without crematoriums, are

permissible in the CH zoning districts, subject to the standards of the zoning district.

B. Funeral homes, mortuaries, and undertaking establishments are permissible in the CG zoning district, subject to the standards of the zoning district and the supplemental standards set forth in this section.


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C. Funeral homes, mortuaries, and undertaking establishments shall not include a crematorium.

D. Off-street waiting space shall be provided for funeral processions so that no vehicle stands or waits in a dedicated right-of-way. A minimum off-street stacking distance of sixty (60) feet shall be provided.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.05.15. - Emergency services. A. Emergency services are permissible in the CW, CG, CH, IND, and PI zoning districts, subject to the

standards of the zoning district.

B. Emergency services are permissible in the NBR zoning district, subject to the standards of the zoning district and the supplemental standards in this section.

C. Facilities for emergency services shall be a minimum of one hundred (100) feet from the property line of property zoned for residential use.

D. Buildings for emergency services shall be oriented so that bays for emergency vehicles do not face property zoned for residential use.

E. Access to emergency services facilities shall be from a collector or arterial street.

F. The buffer for an emergency service facility shall be a "D" as set forth in section 4.05.00.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

5.05.16. - Golf courses. A. A golf course is permissible in the PI zoning district subject to the standards of the district.

B. Golf courses are permissible in R-1, R-2, R-3, and NBR zoning districts, subject to the standards of the district and the supplemental standards in this section.

C. A golf course may be public or private and may include the following buildings and accessory uses:

1. A clubhouse with or without a pro shop, retail sales of golf supplies and accessories, and a restaurant or snack shop;

2. An equipment building for maintenance, minor repairs, and storage. Storage may include fertilizers, herbicides, or pesticides; and

3. A driving range.

D. The types of golf courses may be par 3, executive, or regulation.

E. The following are site design standards for golf courses:

Table 5.05.16(E). Standards for Golf Courses.

Development Feature Standard

Minimum setback from residentially zoned property for:

Bathrooms 10 feet

All other buildings 100 feet

Safety netting for driving ranges Required on the perimeter of the playing area abutting public streets

Minimum of 32 feet in height

Outdoor lighting for driving range, tees, greens, and fairways

Directed and shielded to avoid illumination of properties used or zoned for residential purposes.


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Outdoor lighting shall be turned off not later than 9:00 p.m.

Loudspeakers or paging systems Prohibited

Outside storage and loading areas Fully screened from view from adjacent properties and from the public

right-of-way

Golf cart crossings Shall be plainly marked and located for safety of both the cart users and

persons using sidewalks or streets that are crossed.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

CHAPTER 6. - INFRASTRUCTURE AND CONCURRENCY REQUIREMENTS 6.00.00. - Generally.

This chapter sets forth the requirements regarding provisions of public facilities and requirements to ensure that public facilities are available when needed to provide service to development.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

6.01.00. - Concurrency requirements. 6.01.01. - Applicability. A. Unless specifically exempted below, a concurrency determination shall be required for all

development.

B. The following proposed development is exempt from a determination of concurrency:

1. Development that is subject to a valid unexpired development order issued prior to the adoption of this LDC.

2. Development that is subject to a valid unexpired building permit from the city issued prior to the adoption of the LDC.

3. Construction of a single-family dwelling on a platted lot in a subdivision platted since May 1991.

4. Construction of accessory buildings within a zoning district designated for residential use.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

6.01.02. - Facilities subject to concurrency. A. The following facilities and services are subject to concurrency requirements: potable water, sanitary

sewer, drainage, parks and recreation, solid waste, and roadways.

B. The level of service standards for facilities subject to concurrency are set forth in the comprehensive plan.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

6.01.03. - Determination of concurrency. A. A concurrency determination shall be made as part of the application and review process for a site

plan, preliminary subdivision plat, planned unit development, or building permit. Concurrency determinations shall be required at the time of application for a building permit when the proposed building has not been the subject of a concurrency determination.


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B. A determination that concurrency standards are satisfied is a requirement for the issuance of a development order or building permit. (See chapter 10 for requirements and procedures regarding development orders.) If an application meets concurrency requirements, a specific finding shall be included in the approval. A separate concurrency review shall not be required for subsequent reviews for the same project.

C. The burden of proof to demonstrate compliance rests with the applicant. The concurrency determination shall compare the impacts of the proposed development on each public facility or service identified in subsection 6.01.02.A. with the available capacity for each facility or service at the adopted level of service standard.

1. Capacity availability shall be based upon the total capacity of the facility at the adopted level of service standard, minus the capacity required to meet the needs of existing development, and minus the capacity reserved for developments with valid, unexpired building permits or development orders.

2. Capacity availability shall be verified with documentation from service providers which indicates that capacity is available and that capacity shall be reserved for the proposed development when a development order or building permit is issued.

3. A concurrency determination that is based upon facilities that are under construction or guaranteed in an enforceable development agreement shall be accompanied by documentation from the service provider that the facility or service will be available as described in the conditions of the development order or building permit.

4. Where a proposed development cannot meet the concurrency requirements, the project may be approved in stages or phases. A development order or building permit shall be issued only for the stage or phase that meets the concurrency requirements as set forth herein.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

6.01.04. - Requirements for transportation concurrency. A. For concurrency determinations regarding transportation facilities, the development order or building

permit shall only be issued if the necessary facilities and services are in place and available or under construction at the time the development order is issued; or

B. The development order or building permit may be issued subject to a condition that the necessary facilities will be in place prior to issuance of a certificate of occupancy and that the certificate of occupancy will not be issued unless the necessary facilities are in place; or

C. The development order or building permit may be issued when the necessary facilities are specifically identified and guaranteed in an enforceable development agreement, which includes the following conditions:

1. Commencement of actual construction of the facilities within three (3) years following issuance of the certificate of occupancy; or

2. Provision of facilities and services within three (3) years following issuance of the certificate of occupancy.

D. In order for an application to be eligible for conditional approval subject to the requirements of subsection 6.01.04.C. above, the facilities shall be included in the adopted capital improvements element of the comprehensive plan.

E. For the purpose of issuing a development order or building permit, a proposed development may be deemed to have a de minimis impact and may not be subject to the concurrency requirements, only if all of the following conditions are met:

1. The transportation impact of the proposed development alone does not exceed one-tenth (0.1) percent of the maximum service volume at the adopted level of service standard for the peak hour of the affected transportation facility; and


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2. The cumulative total transportation impact from all de minimis exemptions does not exceed three (3) percent of the maximum service volume at the adopted level of service standard of the affected transportation facility if the facility does not meet the minimum level of service standard.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

6.01.05. - Requirements for concurrency for sanitary sewer, solid waste, drainage, and potable water. A. For concurrency determinations regarding sanitary sewer, solid waste, drainage, and potable water

facilities, the development order or building permit shall only be issued subject to the condition that at the time of issuance of a certificate of occupancy the facilities and services necessary to meet and maintain the adopted level of services are in place and available for the proposed development; or

B. The necessary sanitary sewer, solid waste, drainage, and potable water facilities are guaranteed in an enforceable development agreement pursuant to F.S. § 163.3220, or F.S. ch. 380, such that the facilities and services will be in place and available at the time of issuance of a certificate of occupancy.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

6.01.06. - Requirements for concurrency for parks and recreation. A. For concurrency determinations regarding parks and recreation, the development order or building

permit shall only be issued if the necessary facilities and services are in place and available; or

B. The necessary facilities are under construction at the time the certificate of occupancy is issued; or

C. The necessary facilities are scheduled to be under construction within one (1) year following issuance of the certificate of occupancy is issued; or

D. The development order or building permit may be issued when the necessary facilities are specifically identified and guaranteed in an enforceable development agreement, which includes the following conditions:

1. Commencement of actual construction of the facilities within one (1) year following issuance of the certificate of occupancy; or

2. Provision of facilities and services within one (1) year following issuance of the certificate of occupancy.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

6.02.00. - Requirements for potable water, sanitary sewer, and other utilities. 6.02.01. - Requirements for all utilities. A. All utilities required by this LDC shall meet or exceed the minimum standards contained in the technical

construction standards manual.

B. When water, sewer, electrical power, telephone, or cable television facilities are installed and intended to be owned, operated, or maintained by a public utility or any entity other than the property owner or developer, the ownership of such utility or facility shall be transferred to the service provider.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

6.02.02. - Essential public services. A. Essential public services are those services and facilities designed and operated to deliver services

to individual lots or parcels. Permissible essential public services are intended to provide water, sewer, gas, telephone, electricity, cable television or communications to individual lots and parcels. Essential public services shall not include water treatment plants, wastewater treatment plants, power generation plants, and similar facilities.


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B. The following essential public services shall be permissible in any zoning district: water distribution lines, wastewater collection lines, reclaimed water distribution lines, gas lines, telephone lines, telephone switching stations, cable television lines, electrical transmission and distribution lines, electrical substations, emergency power structures, sewage lift stations, water pumping stations, and similar installations necessary for the performance of these services.

C. Above ground equipment and facilities for the provision of essential public services shall be screened with landscaping:

1. A double-staggered row of shrubs shall be planted to enclose facilities.

2. An opening shall be allowed to provide access for service and maintenance. Such opening shall be away from public view.

3. Electrical substations shall have a buffer D in compliance with the standards set forth in section 4.05.00.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

6.02.03. - Reclaimed water system. (Reserved.)

6.03.00. - Stormwater management requirements. 6.03.01. - Generally. A. The purpose of the stormwater management requirements set forth in this section is to minimize the

detrimental effects of stormwater runoff and to provide for mitigation of stormwater impacts from new development and redevelopment, and ensure consistency with latest stormwater standards established by the State of Florida and Southwest Florida Water Management District (SWFWMD).

B. The regulations in this section are intended to:

1. Preserve natural lakes, creeks, other water courses, and natural drainage features;

2. Protect surface and ground water quality and quantity;

3. Reduce wind or water caused erosion, loss of valuable top soils, and subsequent sedimentation of surface waters;

4. Prevent creation of flood hazards due to new development;

5. Alleviate existing flood hazards that threaten life or property;

6. Prevent significant loss of life and property due to rainfall runoff; and

7. Protect Outstanding Florida Waters.

C. The requirements of this LDC do not supersede those of other state, federal or regional agencies.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

6.03.02. - Applicability and exemptions. A. All proposed development, except as specifically described in this section, shall comply with the

standards and criteria set forth in section 6.03.00.

B. The following activities may alter or disrupt existing stormwater runoff patterns, and unless specifically exempted under subsection 6.03.02.C. below, shall be authorized only through issuance of a stormwater management permit prior to initiation of development:

1. Clearing or drainage of land prior to construction of a project;

2. Altering the shoreline or bank or any surface water body; or

3. Altering of any ditches, dikes, terraces, berms, swales, or other water management facilities.


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The requirements for a permit may be waived by the City Manager or his designee if the alterations are demonstrated to be de minimis and not cause adverse offsite impacts.

C. The following development activities are exempt from the requirements of this LDC:

1. Single-family dwellings and associated accessory structures, provided they are within a subdivision having a valid stormwater management permit and properly operating stormwater management systems designed and sealed by an engineer;

2. Maintenance work on existing mosquito and arthropod control drainage structures for public health and welfare purposes, provided that the activities do not increase peak discharge rate or pollution load;

3. Maintenance, alteration or improvement of an existing structure which will not change the peak discharge rate, volume, or pollution load of stormwater runoff from the site on which that structure is located;

4. Activities that are not considered development; and

5. Emergencies requiring immediate action to prevent material harm or danger to persons, when obtaining a permit is impractical and would cause undue hardship in protection of property from fire, violent storms, hurricanes, or other hazards. A report of the emergency shall be made to the city manager as soon as practicable.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

6.03.03. - Standards for stormwater management. Specifications, standards of design, and detailed technical requirements provided in the manual

entitled Crystal River Stormwater Design and Construction Standards.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

6.03.04. - Stormwater management plan requirements. A. A stormwater management plan shall be submitted with an application for development approval.

Procedures and requirements for applications for development approval are set forth in chapter 10.

B. It is the responsibility of the applicant to include in the stormwater management plan sufficient information for evaluation of the environmental characteristics of the affected areas, the potential and predicted impacts of the proposed activity on affected waters, and the effectiveness of reducing adverse impacts. The stormwater management plan shall contain maps, charts, graphs, tables, photographs, narrative descriptions, calculations, explanations and citations to supporting references, as appropriate to communicate the information required by this section.

C. The specific contents of the stormwater management plan are as follows:

1. The name, address and telephone number of the applicant;

2. The legal description of the property;

3. An aerial photograph of the project area and the surrounding areas, taken not more than two (2) years prior to the date of the application. Photographs from the Citrus County Property Appraiser or an equivalent source shall be used. The scale shall be not greater than one (1) inch equals six hundred (600) feet. Boundaries of the project site shall be delineated on the aerial photograph;

4. Infiltration or permeability tests and soils borings representative of design conditions, if percolation or exfiltration systems are proposed;

5. A location map;


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6. The existing environmental and hydrologic conditions of the site and of receiving waters and wetlands shall be described in detail, including the following:

a. Drainage basin boundaries on a map at a scale of one (1) inch equals one hundred (100) feet;

b. The direction, flow rate, and volume of stormwater runoff under existing conditions, and, to the extent practicable, pre-development conditions;

c. The location of areas on the site where stormwater collects or percolates into the ground;

d. A description of all watercourses, water bodies, and wetlands on or adjacent to the site or into which stormwater flows;

e. Ground water levels, including seasonal fluctuations;

f. Location of floodplains;

g. Vegetation;

h. Topography, with a minimum of one-foot contour intervals;

i. Soils; and

j. Wells or onsite sewage disposal systems within two hundred (200) feet of drainage retention or detention areas.

7. Proposed alterations of the site shall be described in detail, including:

a. Changes in topography;

b. Areas where vegetation will be cleared or otherwise damaged or destroyed;

c. Areas that will be covered with an impervious surface and a description of the surfacing material; and

d. The size and location of any buildings or other structures.

6. Predicted impacts of the proposed development on existing conditions shall be described in detail, including:

a. Changes in water quality;

b. Changes in ground water levels;

c. Changes in the incidence and duration of flooding on the site and upstream and downstream from it;

d. Impacts on wetlands; and

e. Impacts on vegetation.

7. All components of the stormwater management system and any measures for the detention, retention, or infiltration of water; for the protection of water quality; or for protection from flooding, shall be described in detail, including:

a. The channel, direction, flow rate, volume, and quality of stormwater that will be conveyed from the site, with a comparison to existing conditions and, to the extent practicable, predevelopment conditions;

b. Detention and retention areas, including plans for the discharge of contained water, maintenance plans, and operations plans;

c. Areas of the site to be used or reserved for percolation including a prediction of the impact on ground water quality (or supply proof of compliance with Chapter 40D, FAC, by means of an ERP permit or letter of exemption);


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d. A plan for the control of erosion and sedimentation which describes in detail the type and location of control measures, the stage of development at which they will be put into place or used, and provision for their maintenance; and

e. Any other information which the developer or the city manager believes is reasonably necessary for an evaluation of the development.

8. Construction plans and specifications for all components of the stormwater management system.

9. All runoff calculations including a description of the methodology, assumptions and parameters. If a computer program is used for analysis, a copy of the printout shall be submitted.

10. Stage-storage-discharge computations for any retention/detention areas at the control point, including the computations for the design storm event.

11. The stormwater management plan shall be prepared and certified by a professional engineer registered in the State of Florida.

12. A plan which shows the scheduled maintenance needs shall be set forth. An operation/maintenance manual shall be provided to the responsible entity.

D. All stormwater treatment systems shall meet the latest SWFWMD and State standards for water quality and peak discharge. Rate of post-development runoff conditions shall not exceed pre-development runoff conditions.

1. The following performance standards shall apply to all new development, except for development exempted under subsection 6.03.02.C. Post development water quality and rate discharge shall be consistent with State and SWFWMD standards.

2. Consistent with State and SWFWMD standards. Stormwater facilities which discharge

directly into an Outstanding Florida Water (OFW) shall be subject to higher standards; the

Crystal River OFW, including King's Bay, shall provide an additional fifty (50) percent level

of treatment.

3. The following performance standards shall apply to all new single family residences that are not within an engineered subdivision having a valid stormwater management permit and operating stormwater management system. The intent of the residential stormwater requirement is for the new construction of a residence, or complete reconstruction outside of the existing footprint only. The addition of accessory structures or a reconstruction at the same grade and footprint of an existing structure shall not invoke the requirement of this section:

a. Swales or other basins shall be constructed and continually maintained near the property boundary and landward of any mean high-water line and wetland boundaries. These shall be sized to collect the same water quality volume as required by the State and SWFWMD, and based on the areas of potential pollutant generation, which includes all disturbed areas other than rooftops.

b. It is recognized that in order to meet the requirements of 4.02.02.C (Standards for building height and 4.07.03.M. (Building height), the elevating of finished floors substantially above existing grade may be necessary. In no case shall the filling of lots cause the conveyance of stormwater across a residential lot to be diminished. This shall be accomplished through the minimization of lot fill through the use of stemwalls, retaining walls or pier construction where necessary, the establishment of sideyard swales, and the protection of existing drainage ways.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)


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6.04.00. - Transportation, access, and parking requirements. 6.04.01. - Generally.

All development shall provide transportation, access, parking, loading, bicycle, and pedestrian facilities in compliance with the standards of this section. All facilities shall be maintained as long as the principle use continues.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

6.04.02. - Access and driveway design requirements. The following standards shall apply to all driveways or access points from a lot or parcel onto a

public street:

A. An access point shall include either a one-way access, a two-way access, or a pair of one-way accesses, provided that the paired access points are not more than thirty (30) feet apart, measured from the centerlines of the access drives. (This standard allows a circular drive with a fifteen-foot turning radius.)

B. The maximum number of access points for a lot is set forth in Table 6.04.02.A.

Table 6.04.02.A. Maximum number of access points per lot.

Functional Classification of Frontage Street Maximum Number of Access Points

Local 1 per 100 feet of frontage

Collector 1 per 200 feet of frontage

Arterial 1 per 500 feet of frontage

C. Lots of record on the effective date of this LDC which have less frontage than required in Table 6.04.02.A. shall be allowed one (1) access point.

D. No point of access shall be allowed within one hundred (100) feet of the intersection of the centerlines of any right-of-way.

E. Access ways or driveways for corner lots shall be located on the street with the lower functional classification.

F. Accessways and driveways shall comply with the following standards:

1. Residential driveways shall be a maximum of ten (10) feet in width at the lot line and may increase to a maximum of twenty (20) feet in width.

2. Non-residential accessways shall not exceed eighteen (18) feet in width. When a landscaped median is provided, each one-way access shall not exceed eleven (11) feet in width.

3. The minimum effective curb radius shall be utilized. No part of the turning radius shall extend over the property line.

G. No curbs shall be cut or altered, and no points of access or openings for vehicles onto a public street shall be established, without a permit issued by the city.

H. Approval from FDOT or Citrus County is required for any access onto a road under their jurisdiction.

I. The location, design, and construction of driveway connections shall comply with the City of Crystal River Public Works Manual and the FDOT Roadway Traffic Design Standards.

J. All driveways shall be designed and constructed to comply with all drainage standards of the city and shall be improved with a permanent paving material.


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K. All development in areas included within the Citrus County Access Management Plan, as adopted on September 23, 2003 in Ordinance No. 2003-A19, shall comply with Citrus County standards for access management in effect on the effective date of this LDC with regard to access management and design. Requirements in County Ordinance No. 2003-A19 pertaining to lot design, lot splits, wetlands/environmentally sensitive lands, and variances shall not apply to the city.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

6.04.03. - Right-of-way requirements. The following are the minimum right-of-way widths for streets within the city. Where the minimum

right-of-way width is not available for all streets abutting a parcel proposed for development, the applicant shall dedicate sufficient land to meet the right-of-way requirement. Dedication shall be based on one-half (½) of the right-of-way requirement.

Table 6.04.03. Minimum right-of-way widths.

Functional Classification Minimum Right-of-Way (ft.)

Principal arterial (County) 200

Minor arterial (County) 150

Collector (County) 80

Collector (City) 60

Local streets 60

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

6.04.04. - Visibility at intersections. A. In order to provide a clear view of intersecting rights-of-way and/or private driveways, there shall be a

triangular area of clear visibility formed by the two (2) intersecting rights-of-way, driveways, or combination thereof (see Figure 6A).

B. The clear visibility triangle shall be formed by lines from the point of intersection for a distance of twenty-five (25) feet, measured along the right-of-way line or edge of driveway.

C. Within that portion of a lot that lies within the clear visibility triangle, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially obstruct vision between a height of eighteen (18) inches and eight (8) feet above the average grade at the centerline of the right-of-way.

D. The requirements of this section shall not be deemed to prohibit any necessary retaining wall.

E. Understory trees shall be permitted in the clear space, provided that foliage is cut away within the prescribed heights.

F. Streetlights and street name signposts shall also be permitted, provided that illuminating fixtures or nameplates are not within the prescribed clear space.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 08-0-10, § 1(2), 5-27-2008)


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intersection

6.04.05. - Pedestrian access. A. All development shall provide sidewalks abutting a collector or arterial street. The required sidewalk

shall comply with city standards.

B. Where development abuts a collector or arterial street, a sidewalk shall be provided to connect the principal building(s) with the sidewalk abutting the collector or arterial street.


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C. All development proposed abutting a local street shall provide sidewalks based on the following standards:

1. Where sidewalks are present on the abutting local street, the applicant shall provide a sidewalk along the property line, consistent in location and width with the existing sidewalk pattern.

2. Where no sidewalks are present, the applicant shall provide a sidewalk based on consultation with the city regarding location, size, and availability of right-of-way for placement of the sidewalk.

3. An applicant may pay a fee-in-lieu of sidewalk construction. The fee shall be the amount necessary to construct the required sidewalk. The fee shall be paid to the city, to be held in escrow for future sidewalk construction.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

6.04.06. - Standards for bicycle facilities. Bicycle parking shall be provided at private academic schools, entertainment and recreation facilities,

commercial establishments, and multi-family developments on two (2) or more acres, according to the following standards:

A. The number of bicycle spaces required is as follows:

Table 6.04.06(A). Required bicycle spaces for specified uses.

Type of Use Minimum Number of Bicycle Spaces

Private academic schools 0.25 spaces per required vehicle parking space

Entertainment and recreation facilities 0.5 spaces per required vehicle parking space

Commercial uses 0.10 spaces per required vehicle parking space

Multi-family development 0.25 spaces per required vehicle parking space

B. Bicycle parking spaces may be provided as either bicycle racks or other storage facilities, provided that the following standards are met:

1. Facilities shall be designed to allow each bicycle to be secured against theft.

2. Facilities shall be installed so as to resist removal.

3. Facilities shall be installed so as to resist damage by rust, corrosion, or vandalism.

4. Facilities shall accommodate a range of bicycle shapes and sizes and allow easy locking without interfering with adjacent bicycles.

5. Facilities shall be located so as not to interfere with pedestrian or vehicular movement.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

6.04.07. - Standards for parking and parking lots. A. Parking space requirements.

1. Parking requirements for two (2) or more uses on the same parcel or lot shall be determined individually for each use. Shared parking may be proposed as set forth in subsection 6.04.07.C. or D.


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2. Accessory uses shall not be required to have additional parking spaces, beyond the number of spaces required for the principal use.

3. The minimum number of parking spaces shall conform to the standards in Table 6.04.07(A). The maximum number of surface parking spaces shall not exceed 115% of the minimums required in Table 6.04.07 (A).

4. Where the calculation of parking spaces results in a fraction, the number shall be rounded up to the nearest whole number.

Table 6.04.07(A). Parking space requirements.

Type of use or activity Minimum number of spaces

Assembly places (religious facilities, funeral homes, schools, theaters, auditoriums, arenas, civic centers, and facilities with

an auditorium, sanctuary, or gathering place, whether fixed seats or open area)

1 space per 5 seats; 1 per 300 gsf (no fixed seats) 1

Clubs and lodges (including fraternities, sororities, and other social or civic membership organizations)

1 space per 5 seats in the largest assembly area; 1 per 300 gsf (no fixed seats)

Commercial activities, including retail sales, and business activities not otherwise specified

1 space per 400 sf. of gross floor area

Day-care, child care 1 per employee plus 1 per 6 persons of

maximum occupancy

Private schools 1 per 4 persons of maximum occupancy

Drive-in establishments 1 space per 150 s.f. of gross floor area

Eating, drinking, or entertainment establishments (without drive-in facilities)

1 space per 150 s.f. of gross floor area

Gasoline service stations and small vehicle repair 1 space per 500 s.f. of floor area

Group lodging, including nursing homes, rest homes, convalescent homes, assisted care facilities, and other similar

facilities 1 space per 2 beds

Hospitals and other medical facilities providing overnight accommodations

1 space per 3 beds plus 1 space per 4 employees on the largest shift

Hotels, motels, and other similar lodging and accommodations establishments, without restaurants or lounges

1 space per sleeping room

Hotels, motels, apartment hotels, and other similar lodging and accommodations establishments, with restaurants or

lounges

Parking required for the lodging facility plus one- half parking required for the restaurant

Industrial uses 1 space per 1,000 s.f. of gross floor area

Marinas 1 space per 5 boat berths (wet slips or dry storage), plus 1 space per employee on the

largest shift

Medical offices and clinics 1 space per 400 s.f. of gross floor area

Mini-warehouse or self-storage facilities 1 space per 500 s.f. of office space. No spaces

are required for storage facilities, provided that


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an off-street loading space is provided for each storage unit.

Multi-family dwellings < 1000 sf. = 1 per unit min. 1000 sf. to 1500 sf. = 1.5 per unit min. > 1500 sf. = 2 per unit min.

Recreation facilities 1 space per 1,000 s.f. feet of active use area

Offices (general, professional, or government) 1 space per 400 s.f. of gross floor area

Single-family dwellings 1 per unit

Vehicles sales 1 per 3,000 s.f. of open or enclosed sales area

1 The number of seats shall be the maximum occupancy load established for the building by the building official.

B. Parking lot design requirements.

1. All parking lots shall be paved, except as provided in subsection 5.05.11D. for commercial centers. Pervious paving materials, such as pervious concrete and open paving blocks, are preferred.

2. For accessory parking lots (not commercial parking lots) with one hundred (100) or more parking spaces, up to twenty-five (25) percent of the required spaces may be unpaved, subject to the following standards:

a. The surface shall be stabilized and dist-free.

b. Driving aisles shall be paved.

c. Spaces shall be marked with wheel stops.

d. The unpaved spaces shall be the spaces located furthest from the entrance to the establishment served by the parking lot.

e. Drainage calculations shall be based on the spaced being paved in order to ensure that future paving of unpaved spaces does not result in stormwater runoff in excess of that otherwise permissible. However, the calculated may assume that pervious paving materials are used.

3. All parking areas shall be used for parking only, with no vehicle sales or other sales activity, storage, non-emergency repairs, or other similar sales, storage, or service uses conducted in designated parking areas.

4. The design of off-street parking spaces shall ensure that no part of the vehicle shall over-hang any pedestrian or bicycle way or path, public easement, public road, or public right-of-way.

5. Parking lots with grass, turf block, or other unpaved spaces shall have paved aisles for access to each space.

6. All handicapped parking spaces shall be paved.

7. If artificially lighted, the lighting shall be designed, arranged, and constructed that no source of such lighting is visible from any adjoining or nearby property used or zoned for residential purposes. The lighting shall be designed, arranged, and constructed to shield public roadways and all other adjacent properties from direct illumination.

8. Parking spaces shall be designed according to Table 6.04.07.B.


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Table 6.04.07.B. Parking space design standards.

Parking Angle

(degrees)

Parking Row

Depth (feet)

Drive Aisle Width (feet)

one-way

Drive Aisle Width (feet)

Two-way

Stall Width

(feet)

Stall Depth (feet)

Minimum Lot Width (feet) (2

rows plus two-way

aisle)

00 (parallel) 8 11 20 8 22 36

300 17 11 20 9 18 54

450 20 13 20 9 18 60

600 20.5 16 20 9 18 61

900 18 20 22 9 18 60

C. Parking space requirements (number of spaces) may be adjusted by the city manager, upon a recommendation by the city public works director or city engineer. Adjustments may be granted for a multiple tenant establishment, commercial center, or joint use of two (2) or more adjacent or adjoining uses. The property owner shall provide the following information to support a request for reduction or waiver of otherwise required parking.

1. There is one (1) or more paved driveway connections between the parking areas of the developments involved. The number, location(s), and design specifications of said driveway(s) shall be acceptable to the city.

2. A parking study shall be provided to document the proposed number of parking spaces. The study shall include an estimate of the number of spaces required and the source of the estimate. Acceptable sources include studies such as conducted by the Urban Land Institute or the Institute of Transportation Engineers. Parking data for similar uses may be included, provided that the similar uses are documented as similar in density, scale, bulk, area, type of activity, hours of operation, and location. The city shall retain the sole authority to accept the parking data as appropriate for the proposed use.

3. A cross-access and cross-parking agreement, in recordable form acceptable to the city, shall be executed by the owners of developments involved. Said agreement shall guarantee the joint use of a specified number of parking spaces.

D. Parking space requirements may be reduced, waived by the city manager, or shared parking may be approved, based upon the availability of an off-site and non-contiguous parking facility or parking lot. The property owner shall provide the following information to support a request for reduction or waiver of otherwise required parking.


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1. The availability of the off-site parking lot shall be guaranteed in perpetuity, by virtue of common ownership with the primary site, recorded easements, or other binding agreements acceptable to the city.

2. The off-site parking lot shall be located no more than two hundred (200) feet from the primary site. The distance shall be measured along the paved public right-of-way from the entrance driveway into the parking area to the entrance of the principal building.

3. The off-site parking lot shall meet all development standards set forth in this LDC.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

6.04.08. - Specific parking restrictions for commercial vehicles, recreational vehicles, boats, and trailers. A. Only one (1) commercial vehicle may be parked overnight in a residential zoning district, provided that

the following conditions are met:

1. The vehicle is designed, used, or maintained primarily for the transportation of property;

2. The vehicle has an empty gross vehicle weight of ten thousand (10,000) pounds or less; and

3. The vehicle does not have a motorized cooling unit.

4. The limitation shall not apply to trucks that are actively loading or unloading materials, merchandise, or goods, or performing maintenance or repair services.

B. Motor homes, travel trailers, travel campers, recreational vehicles, and similar vehicles regularly or periodically utilized for dwelling purposes shall not be parked overnight in any zoning district except in an area specifically designated by this LDC for that purpose. Motor homes, travel trailers, travel campers, recreational vehicles, and similar vehicles, when unoccupied, may be parked or stored in a completely enclosed building, or a carport attached to a principal building, or in a side or rear yard.

C. Boats (not including canoes and kayaks), boat trailers, utility trailers, and similar vehicles shall not be parked overnight in any zoning district except in compliance with the following standards:

1. Such vehicles may be parked or stored in a completely enclosed building, or a carport attached to a principal building.

2. Such vehicles shall display a current license or registration when a license or registration is required for the operation of the vehicle.

3. One (1) such vehicle may be parked in a side or rear yard.

4. One (1) such vehicle may be parked in a driveway, provided that the following standards are met:

a. The vehicle shall not reduce the amount of available parking below the standard required by this LDC.

b. The vehicle shall not be located partially or wholly within the right-of-way.

c. The vehicle shall not be located in such a manner as to impede access by public safety personnel, public safety equipment, or pedestrians to the principal building.

d. The vehicle shall not be located within the clear visibility area as described in section 6.04.04.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

6.04.09. - Standards for handicapped access and parking. The number, design, and location of parking spaces provided to ensure handicapped access shall

comply with the Americans with Disabilities Act standards for accessible design.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)


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6.04.10. - Standards for loading spaces. A. Off-street loading spaces shall be provided as follows:

1. Commercial centers, commercial uses, hotels, hospitals, and institutional uses with ten thousand (10,000) square feet or more of gross floor area shall provide one (1) off-street loading space, plus one (1) space for each additional twenty thousand (20,000) square feet, or fraction thereof.

2. Industrial uses shall provide one (1) space for each ten thousand (10,000) square feet of gross floor area.

3. Offices shall provide one (1) space for each twenty thousand (20,000) square feet of gross floor area.

B. Off-street loading spaces shall meet the following design requirements:

Loading spaces shall not block streets, alleys, or sidewalks. Loading spaces shall not impair the movement of vehicles or pedestrians on streets, alleys, or sidewalks.

Every loading space shall meet the following minimum dimensions:

Length 24 feet

Width 10 feet

Height 14 feet

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

6.04.11. - Standards for stacking lanes and drive-through facilities. A. All uses and facilities providing drive-up or drive-through service shall provide stacking lanes in

compliance with the standards of this section.

B. Restaurants with drive-up or drive-through facilities shall provide a minimum stacking space to accommodate five (5) vehicles. A means of exiting the lane shall be required.

C. Banks and financial institutions shall provide stacking spaces according to Table 6.04.08(C). A by-pass lane for the entire drive-through area shall be provided.

Table 6.04.011(C). Stacking lane requirements for banks and financial institutions

Number of Drive-Through Lanes Total Number of Vehicles to be Accommodated

1 5

2 8

3 12

Each additional lane 2 additional vehicles accommodated

D. A solid wall or fence shall be provided along a property line abutting lots or parcels zoned for residential purposes in order to block lights from vehicles in the stacking lanes or drive-through facility.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

CHAPTER 7. - DOG-FRIENDLY DINING 7.01.00. - Purpose and intent; program created; definitions. A. The purpose and intent of this chapter is to implement the pilot program established by Section

509.223, Florida Statutes (2006), by permitting public food service establishments within the City of


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Crystal River, Florida, subject to the terms and [conditions] contained herein, to become exempt from certain portions of the United States Food and Drug Administration Food Code, as amended from time to time, and as adopted by the State of Florida Division of Hotels and Restaurants of the Department of Business and Professional Regulation, in order to allow patrons' dogs within certain designated outdoor portions of their respective establishments.

B. Pursuant to Section 509.233(2), Florida Statutes, there is hereby created in the City of Crystal River, Florida, a local exemption procedure to certain provisions of the United States Food and Drug Administration Food Code, as amended from time to time, and as adopted by the State of Florida Division of Hotels and Restaurants of the Department of Business and Professional Regulation, in order to allow patrons' dogs within certain designated outdoor portions of public food service establishments, which exemption procedure may be known as the "City of Crystal River Dog-Friendly Dining Program."

C. Definitions:

1. Division means the division of hotels and restaurants of the State of Florida Department of Business and Professional Regulation.

2. Dog means an animal of the subspecies canis lupus familiaris.

3. Outdoor area means an area adjacent to a public food service establishment that is predominantly or totally free of any physical barrier on all sides and above.

4. Patron has the meaning given to "guest" by Section 509.013, Florida Statutes.

5. Public food service establishment has the meaning given it by Section 509.013, Florida Statutes.

(Ord. No. 07-0-37, § 1(1), 10-22-2007)

7.01.01. - Permit required; submittals; insurance requirement. A. In order to protect the health, safety, and general welfare of the public, a public food service

establishment is prohibited from having any dog on its premises unless it possesses a valid permit issued in accordance with this chapter.

B. Applications for a permit under this chapter shall be made to the planning official, on a form provided for such purpose by the planning official, and shall include, along with any other such information deemed reasonably necessary by the planning official in order to implement and enforce the provisions of this chapter, the following:

1. The name, location, and mailing address of the subject public food service establishment.

2. The name, mailing location, and telephone contact information of the permit applicant.

3. A diagram and description of the outdoor area to be designated as available to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to the designated outdoor area; the boundaries of the designated area and of any other areas of outdoor dining not available for patrons' dogs; any fences or other barriers; surrounding property lines and public rights-of-way, including sidewalks and common pathways; and such other information reasonably required by the planning official. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional.

4. A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area.

5. All application materials shall contain the appropriate division-issued license number for the subject public food service establishment.

6. A copy of the establishment's indemnity policy which names the City of Crystal River an "additionally insured" in the event of personal injuries caused as a result of a patron or an employee being harmed as a result of dogs on the premises.


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(Ord. No. 07-0-37, § 1(2), 10-22-2007)

7.01.02. - General regulations; cooperation; enforcement. A. In order to protect the health, safety and general welfare of the public, and pursuant to Section 509.233,

Florida Statutes, all permits issued pursuant to this chapter are subject to the following requirements:

1. All public food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling any dog. Employees shall be prohibited from touching, petting, or otherwise handling any dog while serving food or beverages or handling tableware or before entering other parts of the public food service establishment.

2. Patrons in a designated outdoor area shall be advised that they should wash their hands before eating. Waterless hand sanitizers shall be provided at all tables in the designated outdoor area.

3. Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations.

4. Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control.

5. Dogs shall not be allowed on chairs, tables, or other furnishings.

6. All table and chair surfaces shall be cleaned and sanitized with an approved product between seating of patrons. Spilled food and drinks shall be removed from the floor or ground between seating of patrons.

7. Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area.

8. At least one (1) sign reminding employees of the applicable rules, including those contained in this chapter, and those additional rules and regulations, if any, included as further conditions of the permit by the planning official, shall be posted in a conspicuous location frequented by employees within the public food service establishment. The mandatory sign shall be not less than eight and one-half (8½) inches in width and eleven (11) inches in height and printed in [an] easily legible typeface and not less than twenty (20) point font size.

9. At least one (1) sign reminding patrons of the applicable rules, including those contained in this chapter, and those additional rules and regulations, if any, included as further conditions of the permit by the planning official, shall be posted in a conspicuous location within the designated outdoor portion of the public food service establishment. The mandatory sign shall be not less than eight and one-half (8½) inches in width and eleven (11) inches in height and printed in [an] easily legible typeface of not less than twenty (20) point font size.

10. At all times while the designated outdoor portion of the public food service establishment is available to patrons and their dogs, at least one (1) sign shall be posted in a conspicuous and public location near the entrance to the designated outdoor portion of the public food service establishment, the purpose of which shall be to place patrons on notice that the designated outdoor portion of the public food service establishment is currently available to patrons accompanied by their dog or dogs. The mandatory sign shall be not less than eight and one-half (8½) inches in width and eleven (11) inches in height and printed in [an] easily legible typeface of not less than twenty (20) point font size.

11. Dogs shall not be permitted to travel through indoor or undesignated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment shall not require entrance into or passage through any indoor or undesignated outdoor portion of the public food service establishment.

B. A permit issued pursuant to this chapter shall not be transferred to a subsequent owner upon the sale or transfer of a public food service establishment, but shall expire automatically upon such sale or


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transfer. The subsequent owner shall be required to reapply for a permit pursuant to this chapter if such owner wishes to continue to accommodate patrons' dogs.

C. In accordance with Section 509.233(6), Florida Statutes, the planning official shall accept and document complaints related to the Dog-Friendly Dining Program within the City of Crystal River, Florida, and shall in a timely manner, report to the division all such complaints and the city's enforcement response to such complaints. The planning official shall also, in a timely manner, provide a copy of all approved applications and permits issued pursuant to this chapter to the division.

D. Any public food service establishment that fails to comply with the requirements of this chapter shall be guilty of violating this chapter of the City Code and shall be subject to any and all enforcement proceedings consistent with the applicable provisions of the City Code and general law. Each day a violation exists shall constitute a distinct and separate offense.

(Ord. No. 07-0-37, § 1(3), 10-22-2007)

CHAPTER 8. - COMMISSIONS AND AGENCIES 8.00.00. - Generally. A. The city council has established the commissions, agencies, and officers identified in this chapter for

the purpose of implementing the provisions of the LDC.

B. All procedures pertaining to matters before the commissions, agencies, and officers are set forth in chapters 9 and 10 of this LDC.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

8.01.00. - Requirements for all commissions and agencies. 8.01.01. - Appointment.

All members shall be appointed by the city council.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

8.01.02. - Attendance. Each appointed member shall attend all meetings. Any member who has been absent from three (3)

consecutive regular meetings within a calendar year shall be subject to removal.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

8.01.03. - Officers. All commissions and agencies, except shall have a chairperson and a vice chairperson.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

8.01.04. - By-laws. A. Each commission or agency shall enact by-laws to govern its operation and procedures.

B. By-laws shall not conflict with the requirements of this LDC. In the event of any conflict between the provisions of this LDC and the by-laws, the provisions of the LDC shall control.

C. The following topics may be included in the by-laws:

1. The designation of officers;

2. The specific duties of officers;

3. The creation of committees;


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4. Voting procedures;

5. Scheduling of meetings;

6. Order of business; and

7. Preparation of minutes.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

8.01.05. - Parliamentary authority. All meetings may be conducted in accordance with parliamentary procedure as set forth and

explained in the latest revised edition of Robert's Rules of Order, which shall serve as the official rules of procedure.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

8.01.06. - Qualifications, removal, and vacancy. Except as set forth for a specific commission or agency created under the Land Development Code,

the following provisions apply to the qualifications and removal of a member and to filling such vacancy as may occur:

A. No member of the planning commission shall be an elected official or employee of the city.

B. Each member of any commission or agency created under the Land Development Code serves at the pleasure of the city council and may be removed at any time without cause. Qualifications, removal and vacancies of individuals serving on the City of Crystal River Community Redevelopment Agency are addressed in sections 8.03.00 through 8.03.03 of this chapter.

C. When any vacancy occurs for a specific commission or agency created under the Land Development Code, the city council shall appoint a new member to serve the unexpired term of the member whose death, resignation, incapacity, or removal creates the vacancy.

1. Appointment of a new member shall be made within two (2) months following the creation of the vacancy.

2. When the unexpired term is two (2) months or less, the city council may appoint a new member to fill the unexpired term and the following full term.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 10-0-17, § 3, 10-11-2010)

8.01.07. - Quorum and voting. A. For the purpose of transacting business at any meeting, five (5) members of the commission or agency

shall constitute a quorum.

B. Approval of actions before the commission or agency requires an affirmative vote of a majority of the members present.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

8.01.08. - Record of decisions. A record shall be made of all resolutions, transactions, findings, recommendations, and decisions,

which record shall be a public record on file in the office of the city clerk.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

8.02.00. - Planning commission.


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8.02.01. - Establishment. There is hereby created a planning commission, with the roles and responsibilities as set forth

herein.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

8.02.02. - Membership and terms. A. The planning commission shall consist of seven (7) members and two (2) alternate members.

B. The term of membership shall be three (3) years.

C. Membership shall begin on October 1 and end on September 30.

D. Terms shall be staggered such that no more than three (3) terms expire simultaneously. The initial appointment of members of the planning commission shall be as follows:

1. Two (2) members shall be appointed for one (1) year.

2. Two (2) members shall be appointed for two (2) years.

3. Three (3) members shall be appointed for three (3) years.

4. All subsequent appointments shall be for the full term of three (3) years.

E. Qualifications for members:

1. Members of the planning commission shall be required to reside within the city limits of the City of Crystal River, Florida.

2. It shall be the policy of the City of Crystal River to make reasonable efforts to appoint individuals onto the planning commission who have the qualifications and experience necessary to be effective members of the Planning Commission. In furtherance of this policy, and if possible, the city council of the City of Crystal River shall make a reasonable effort to appoint at least two (2) members to the planning commission who represent two (2) of the following professional positions. Evidence that the member represents the profession includes, but is not necessarily limited to, a current or inactive professional license (unrevoked) or specialized training in the indicated field.

a. Licensed engineer;

b. Licensed architect;

c. Registered landscape architect;

d. Licensed surveyor;

e. Professional planner;

f. Environmental scientist; or

g. Licensed contractor or builder.

If there are no applicants that possess the required qualifications and experience in the above described professions, the city council, after reviewing the applications, shall make a reasonable effort to appoint the most qualified applicant.

3. In furtherance of the above stated policy, and if possible, the city council of the City of Crystal River shall make a reasonable effort to appoint at least two (2) members to the planning commission who represent two (2) of the following professional positions. Evidence that the member represents the profession includes, but is not necessarily limited to, a current or inactive professional license (unrevoked) or specialized training in the indicated field.

a. Banking, finance, or accounting;

b. Real estate agent or broker;


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c. Property appraiser, residential or commercial;

d. Land development; or

e. Business owner or manager.

If there are no applicants that possess the required qualifications and experience in the above described professions, the city council, after reviewing the applications, shall make a reasonable effort to appoint the most qualified applicant.

4. Three (3) members shall be at-large.

F. In addition to the above members, one (1) nonvoting member shall be appointed from the Citrus County School Board. This member shall be the person appointed by the school board to attend those meetings at which the planning commission considers rezoning of land or an amendment to the comprehensive plan that, if approved, will increase the residential density on property that is the subject of an application.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 06-0-16, § 1, 8-14-2006; Ord. No. 08-0-25, §

3A, B, 1-26-2009)

8.02.03. - Roles and responsibilities. The planning commission shall have the roles and responsibilities described below.

A. To serve as the local planning agency (LPA), pursuant to F.S. ch. 163.3174. As the LPA, the planning commission shall:

1. Make recommendations to the city council regarding adoption of a comprehensive plan;

2. Make recommendations to the city council regarding amendment of its adopted comprehensive plan; and

3. Carry out such other duties as may be specified in F.S. pt. II, ch. 163.

B. To hear, consider, and make recommendations to the city council regarding applications to:

1. Amend the official zoning map (also called "rezoning");

2. Amend the text of the LDC;

3. Create a subdivision (preliminary and final subdivision plats); and

4. Amend the official zoning map to PUD together with a PUD master plan.

C. To conduct public hearings and render decisions in compliance with the requirements of this LDC on the following matters:

1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this LDC;

2. To authorize a variance from a provision of the LDC, as set forth in chapter 9; and

3. To hear and decide applications for site plan approval involving uses subject to supplemental standards, as set forth in section 5.05.00 of this LDC.

D. In carrying out its duties, the planning commission may:

1. Establish such committees as may be necessary to gather facts, analyze findings, and make recommendations to the planning commission as a whole;

2. Acquire and maintain such information and materials as are necessary for an understanding of past trends, present conditions, and forces at work to cause changes in these conditions;

3. Make or cause to be made any necessary special studies on the location, conditions, and adequacy of facilities in the city; and


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4. Periodically review the comprehensive plan and LDC and recommend amendments to the city council.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

8.03.00. - Community redevelopment agency. 8.03.01. - Authority.

Pursuant to F.S. ch. 163, pt. III, there is hereby created an agency to be known as the Crystal River Community Redevelopment Agency.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 10-0-17, § 3, 10-11-2010)

8.03.02. - Membership, term, and appointment of additional members. A. The city council of the City of Crystal River, Florida, shall be the commissioners of the City of Crystal

River Community Redevelopment Agency (CRA).

B. The city council of the City of Crystal River, Florida, acting in their capacity as the City of Crystal River CRA shall be vested with all rights, powers, duties, privileges and immunities conferred upon such agencies by Chapter 163, Part III, Florida Statutes.

C. The city council of the City of Crystal River, Florida, acting in their capacity as the City of Crystal River CRA, shall be subject to all of the responsibilities and liabilities imposed or incurred by the previous board of commissioners of the CRA.

D. The city council may appoint two (2) additional persons to act as commissioners of the City of Crystal River CRA, as provided in the Crystal River Code of Ordinances, chapter 2, article IV, section 2-65. The terms of office of the additional commissioners shall be for four (4) years, except that the first person appointed shall initially serve a term of two (2) years. Persons appointed as additional commissioners by the city council are subject to all provisions of Chapter 163, Part III, Florida Statutes, relating to appointed commissioners of a community redevelopment agency.

E. The term of office for commissioners of the City of Crystal River CRA, who are also members of the city council of the City Crystal River, shall be concurrent and coterminous with their term of office as members of the city council.

F. The City of Crystal River CRA shall be vested with all rights, powers, duties, privileges and immunities conferred upon such agencies by Chapter 163, Part III, Florida Statutes.

G. The city council shall designate from among the commissioners of the CRA, two (2) individuals to act as the chair and vice chair of the City of Crystal River CRA.

H. The city council of the City of Crystal River shall be authorized to amend this section of the Land Development Code by resolution, after a properly noticed public hearing.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 10-0-05, § 3, 4-26-2010; Ord. No. 10-0-17, § 3,

10-11-2010)

8.03.03. - Roles and responsibilities. A. The community redevelopment powers as provided under Chapter 163, Part III, Florida Statutes, are

hereby assigned to the community redevelopment agency, with exception of the power reserved to the city council as set forth in Section 163.358, Florida Statutes.

B. The community redevelopment agency shall have the following roles and responsibilities with respect to this LDC:

1. To hear, consider, and make recommendations to the city council regarding amendments to section 4.02.03 of this LDC, which sets forth design standards applicable within the CRA overlay district;


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2. To hear and render a decision on compliance with section 4.02.03 of this LDC for applications for building permits or site plan approval on all property within the CRA overlay district;

3. To hear and make recommendations to the planning commission for applications for site plan approval for development subject to supplemental standards;

4. To hear, consider, and make recommendations to the city council regarding applications to amend the official zoning map (rezoning) for lots within the CRA overlay district;

5. To hear, consider, and make recommendations to the city council regarding amendment of the text of the comprehensive plan pertaining to growth and development within the CRA overlay district; and

6. To hear, consider, and make recommendations to the city council regarding amendment of the future land use map of the comprehensive plan for properties within the CRA overlay district.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 10-0-17, § 3, 10-11-2010)

CHAPTER 9. - VARIATIONS FROM CODE REQUIREMENTS 9.00.00. - Generally.

The purpose of this chapter is to provide mechanisms for obtaining relief from the provisions of this LDC where hardship would otherwise occur. There are several ways that potential relief from hardship is addressed: relief through requirements regarding nonconforming development; potential relief through the grant of a variance from the design standards of this LDC; and relief through recognition of vested rights regarding use or design.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

9.01.00. - Nonconforming situations. 9.01.01. - Continuation of nonconforming uses and structures. A. Subject to the provisions in section 9.01.00, the use of land or buildings existing on the date of

enactment of this LDC shall be allowed to continue, if such use is otherwise lawful.

B. Nothing in this chapter shall be construed to prevent the ordinary and routine maintenance and repair of nonconforming structures.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

9.01.02. - Expansion or modification of nonconforming uses or structures. A. Nonconforming structures shall not be expanded unless such expansion reduces the extent of the

nonconformity.

B. A nonconforming use may be changed to another nonconforming use subject to the following:

1. The new use shall be of less intensity than the existing use, based upon characteristics such as trip generation, hours of operation, use of outdoor space for gatherings, and parking requirements;

2. The new use is determined by the city manager not to have a negative impact on the quiet and peaceful use and enjoyment of adjacent properties; and

3. The new use is determined not to have a negative impact on the public health, safety, and welfare.

C. Nonconforming uses may be expanded if the expansion is solely to extend an existing use throughout the building in which the use occurs on the date of enactment of this LDC. Such expansion shall not be extended to occupy any land outside the building.

D. Nonconforming uses may be modified if the modification is otherwise required by law or ordinance or ordered by the city manager to secure the safety of the building.


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E. A nonconforming structure may be expanded or modified when such structure is abandoned, partially destroyed, partially damaged, or partially removed, subject to the following:

1. The discontinuation of use of the structure is sixty (60) days or less; and

2. The costs of repair, replacement, or modification are less than fifty (50) percent of the value of the building, based on the appraised value as assessed by the county property appraiser.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

9.01.03. - Specific requirements for structures nonconforming as to setbacks. Any structure that was lawful when constructed, but does not meet setback requirements, and which

is damaged or destroyed by fire, explosion, act of God, or a public enemy, may be rebuilt with the same setbacks, subject to the following:

A. The extent of damage or destruction is less than fifty (50) percent of the value of the property. Value shall be established by the most recent appraisal by the county property appraiser;

B. The structure complies with all requirements of this LDC, except setbacks;

C. The continued nonconformity of the structure shall not be to any greater extent than the previously existing structure;

D. Construction for rebuilding shall commence within one (1) year following the date of destruction; and

E. Compliance with FEMA (Federal Emergency Management Agency) requirements for elevation or floodproofing of the structure shall be a condition of this provision.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

9.01.04. - Specific provisions for nonconforming lots of record. A. Where two (2) or more adjacent nonconforming lots are under the same ownership, or where a

nonconforming lot has frontage with a larger tract under the same ownership, such lots shall be combined to form a lot which meets the lot requirements for the district in which they are located.

B. If a nonconforming lot cannot be combined as set forth in subsection 9.01.04.A., development of the nonconforming lot shall be limited to one (1) single-family dwelling.

C. Notwithstanding the foregoing subsection B, if a lot was created by subdivision of a larger parcel so that the lot did not meet the city's then-current land development code minimum lot limitations and density limitations, no development shall be permitted on such lot.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

9.01.05. - Specific requirements for nonconforming signs. A. Subject to the provisions in section 9.01.04, the use of signs existing on the date of enactment of this

LDC shall be allowed to continue, if the sign is otherwise lawful.

B. Limitations on continuation of a nonconforming sign:

1. There shall be no structural modifications or expansions to the sign.

2. The sign content may be changed.

3. Repairs solely to meet safety requirements may be authorized.

4. Alterations to increase the degree of nonconformity are prohibited.

5. Signs that are an accessory structure on the same site as a business shall be removed when the business is discontinued.


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C. Replacement of a nonconforming sign that is destroyed or damaged shall be subject to the following:

1. The costs of repair, replacement, or modification are less than fifty (50) percent of the value of the sign, based on the appraised value as assessed by the county property appraiser;

2. Construction to replace, repair, or rebuild the sign commences within ninety (90) days following destruction or damage.

D. When a sign face remains blank, which is defined as void of advertising matter, for six (6) months or longer, the entire sign structure shall lose its nonconforming status and shall be treated as an abandoned sign. Signs displaying an "available for lease" or similar message or partially obliterated faces that do not identify a particular product, service, or facility shall be deemed blank.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

9.01.06. - Specific requirements for nonconforming docks, boat davits, boat lifts, boat covers, and boathouses. Except as otherwise provided herein, non-conforming docks, boat davits, boat lifts, boat covers and

boathouses may not be remodeled or repaired to the extent of more than fifty (50) percent of their fair market value, except to bring them into compliance with this section. It is the responsibility of the owner to provide an appraisal demonstrating the fair market value. All repairs and remodeling after the structure has become non-conforming shall be cumulative in determining when this fifty (50) percent limitation has been reached.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

9.02.00. - Variances. 9.02.01. - Generally.

The planning commission may authorize a variance from the design and improvement standards of the LDC where the planning commission determines that the requirements of section 9.02.00 are met.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

9.02.02. - Required findings for a grant of a variance. A. In order for an application for a variance to be approved or approved with conditions, the planning

commission shall make a positive finding, based on the evidence submitted, with regard to each of the following provisions:

1. There is a specific hardship affecting the development of the lot resulting from the strict application of the provisions of the LDC;

2. The hardship is not a result of actions of the owner and is not based solely on a desire to reduce development costs;

3. The need for the proposed variance is due to the physical shape, configuration, or topographical condition of the lot in such a manner as to distinguish it from other adjacent or nearby lots or from other lots in the district;

4. The proposed variance is necessary to preserve a substantial property right where such property right is generally available to other property owners of adjacent or nearby lots or other lots in the zoning district;

5. The grant of the proposed variance does not confer on the applicant any special privilege that is prohibited by this LDC to other lands, buildings, or structures in the same zoning district;

6. The proposed variance does not substantially increase congestion on surrounding streets, does not increase the danger of fire or other hazard, and is not otherwise detrimental to the health, safety, or general welfare of the public;


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7. The development following the proposed variance is compatible with adjacent and nearby development and does not alter the essential character of the district;

8. The variance granted is the minimum variance that results in reasonable use of the land, building, or structure;

9. The effect of the proposed variance is consistent with the general intent of the LDC and the specific intent of the relevant standards and criteria; and

10. The effect of the proposed variance is consistent with the comprehensive plan.

B. The applicant for a variance has the burden of proof of demonstrating that the application for a variance complies with each of the requirements of subsection 9.02.02(A).

9.02.03. - Procedures for variances. A. Applications.

1. An application for a variance shall include the information required for all applications, as set forth in section 10.01.02.

2. An application for a variance shall include a statement explaining how the variance request conforms to all requirements listed in subsection 9.02.02.A.

3. An application for a variance shall be combined with an application for site plan approval where the site plan is for a development subject to supplemental standards, as set forth in section 5.05.05. The application for a variance and the application for site plan approval shall be considered at the same planning commission hearing.

4. An application for a variance for development subject to site plan review and approval by the city manager shall be processed prior to completion of the site plan review process.

B. Review of applications.

1. An application for a variance shall be reviewed by the city manager for compliance with the requirements set forth in subsection 9.02.02.A. The city manager shall prepare a compliance report to the planning commission.

2. A quasi-judicial public hearing shall be scheduled before the planning commission.

3. Notice shall be provided pursuant to the requirements of section 10.02.00.

4. The planning commission shall conduct the public hearing in accordance with the procedures set forth in section 10.04.00.

5. The planning commission shall approve, deny, or approve with conditions the application for variance, based upon findings regarding conditions set forth in subsection 9.02.02.A.

6. Any variance authorized by the planning commission, and not used and acted upon by the applicant, or the applicant's successor in interest, within one (1) year from the date on which the decision of the planning commission is reduced to a written order, or if appealed, the date on which the order becomes final, shall be deemed abandoned and be void and of no further force and effect.

7. The city manager shall issue a written order to the applicant when the variance is approved, approved with conditions, or denied by the planning commission.

C. Limitations on the grant of a variance.

1. A variance shall not be granted which authorizes a use that is not permissible in the zoning district in which the property subject to the variance is located.

2. A variance shall not be granted which authorizes any use or standard that is expressly prohibited by this LDC.


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3. No nonconforming use of adjacent lands, structures, or buildings in the same zoning district, and no permitted use of land, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

9.02.04. - Reserved.

Editor's note— Ord. No. 14-0-04, § 6, adopted Sept. 8, 2014, repealed § 9.02.04, which

pertained to specific requirements for variances in areas of flood hazard and derived from Ord.

No. 05-0-08, §§ 1, 2, adopted May 17, 2005. See Ch. 6, Art. XV, for current information

regarding such subject matter.

9.03.00. - Administrative waivers. 9.03.01. - Authority and limitations.

Administrative waivers are specified deviations from otherwise applicable development standards. Except for Section 4.07.00 through Section 4.08.02 where administrative waivers are authorized at the discretion of the City’s supervisory planner, all other administrative waivers shall be at the discretion of the City manager. Upon an affirmative finding that the following criteria have been met, the City manager may permit an application for an administrative waiver of up to 10 percent for any development standard of this LDC:

A. That granting the administrative waiver will ensure the same general level of land use compatibility as the otherwise applicable standards;

B. That granting the administrative waiver will not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development because of inadequate screening, setbacks, and other land use considerations;

C. That granting the administrative waiver will not adversely affect property values in any material way; and

D. That granting the administrative waiver will be generally consistent with the purpose and intent of each chapter and/or section of this LDC.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

9.03.02. - Annual report required. An annual report shall be prepared to summarize the number and type of administrative waivers

granted in the previous year. Such reports shall be prepared in January of each year for the previous calendar year. Annual reports shall be presented to the planning commission for review and comment. Annual reports, together with recommendations from the planning commission, if any, shall be forwarded to the city council.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

9.04.00. - Appeals of administrative actions. 9.04.01. - Applicability.

A person adversely affected by any administrative decision may appeal such decision to the planning commission.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

9.04.02. - Time for filing administrative appeal.


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An application for consideration of an appeal of an administration decision shall be filed with the city manager within thirty (30) days of the decision that is the subject of the administrative appeal.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

9.04.03. - Stay of proceedings. An appeal to the planning commission stays all work on the premises and all proceedings in

furtherance of the action appealed from, unless the city manager shall certify to the planning commission that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

9.04.04. - Hearing before the planning commission. A. A public hearing before the planning commission shall be scheduled according to the published

schedule for hearings.

B. The city manager shall prepare a report regarding staff analysis of the appeal.

C. Notice shall be provided as set forth in section 10.02.00.

D. The planning commission shall conduct a quasi-judicial hearing, pursuant to the requirements of section 10.04.00.

E. Any party may appear in person or be represented by an agent or attorney.

F. The planning commission shall hear the appeal and shall determine whether the provisions of this LDC has been properly applied, and:

1. Reverse, wholly or partly, the administrative decision that is the subject of the administrative appeal;

2. Affirm, wholly or partly, the administrative decision that is the subject of the administrative appeal; or

3. Modify the administrative decision that is the subject of the administrative appeal.

G. The concurring vote of five (5) members of the planning commission shall be necessary to reverse any administrative decision.

H. The planning commission shall issue a written order containing findings of facts and conclusions of law.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

9.05.00. - Judicial review. A. The person invoking the jurisdiction of the planning commission regarding applications for variances

or consideration of an administrative appeal may apply to the circuit court for judicial relief within thirty (30) days after rendition of the decision.

B. The proceedings in the circuit court shall be by petition for writ of certiorari which shall be governed by the Florida Rules of Appellate Procedure, and shall not be a de novo hearing.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

9.06.00. - Vested rights.


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9.06.01. - Statement of intent. The city recognizes that development has and is taking place prior to the adoption of this LDC. It is

the legislative intent of the city that:

A. No taking or abrogation of vested rights is intended by this LDC.

B. Nothing contained in this LDC shall be construed as applied to constitute a temporary or permanent taking of private property or the abrogation of validly existing vested rights. It shall be the duty and responsibility of the party alleging vested rights to affirmatively demonstrate the legal requisites of vested rights.

C. Rights shall vest upon a demonstration to the city or agency thereof that the applicant:

1. Has relied in good faith;

2. Is dependent upon some act or omission of the government; and

3. Has made such a substantial change in position or incurred such extensive obligations and expenses to his detriment that it would be highly inequitable to deny relief and unjust to destroy the rights acquired (Salkosky v. City of Coral Gables; 151 So. 2d 433, Fla. 1963).

D. The mere existence of zoning contrary to the comprehensive plan shall not be determined to vest rights.

E. Nothing contained in this LDC shall limit or modify the rights of any person to complete any development that has been authorized as a development of regional impact pursuant to F.S. ch. 380; or who has been issued a final development order, and development has commenced and is continuing in good faith as provided in Chapter 163, Laws of Florida.

F. An applicant's right to develop is vested if the applicant can demonstrate that the development is a valid and properly filed condominium project with declarations of condominium, including a site plan filed with the appropriate governmental authorities and recorded in the public records of Citrus County, Florida, as required by existing law prior to the enactment of this LDC and if construction of at least one (1) unit, and the common elements, have been commenced prior to the enactment of this LDC.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

9.06.02. - Procedure. A. Applications.

1. An application for vested rights determination shall include the submittals required for all applications, as set forth in section 10.01.02.

2. An application for vested rights determination shall include evidence necessary to demonstrate compliance with the statement of intent set forth in section 9.06.01 above.

B. Review of applications.

1. An application for vested rights determination shall be reviewed by the city manager for compliance with the requirements set forth in section 9.06.01. The city manager shall prepare a compliance report to the city council.

2. A quasi-judicial public hearing shall be scheduled before the city council.

3. Notice shall be provided pursuant to the requirements of section 10.02.00.

4. The city council shall conduct the public hearing in accordance with the procedures set forth in section 10.04.00.

5. The city council shall approve or deny the application for vested rights.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)


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CHAPTER 10. - ADMINISTRATIVE AND DECISION-MAKING PROCEDURES 10.00.00. - Generally. 10.00.01. - Purpose and intent.

This chapter sets forth the procedures for receiving, reviewing, and rendering decisions on applications for major development permits, minor development permits, and amendments to this LDC and to development permits. Procedures for appealing decisions and seeking variation from the standards of this LDC are set forth in chapter 9. It is the city's intent that the procedures set forth in chapter 10 shall be followed in order to seek approval for any development.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.00.02. - Development permits required. A. A major development permit shall be required for the approval of a site plan, site plan for development

subject to supplemental standards, PUD master plan, MXD site plan, subdivision plat, and rezoning.

B. A minor development permit shall be required for land clearing or modification, tree removal, and construction of any building or structure. A development permit shall also be required for the installation of utilities, streets, driveways, drainage systems, building systems (electrical, gas, mechanical, or plumbing), accessory structures, and for any other construction, reconstruction, site improvements, or modifications to the land or water on a site.

C. No minor development permit shall be approved unless all required major development permits necessary to the development activity proposed in the minor development permit application have first been approved.

D. Any person who commences any work on land, or a building, structure, sign, electrical, gas, mechanical, or plumbing system before obtaining the necessary permits, shall be subject to a penalty as set forth in the Code of Ordinances.

E. Changes to an approved major development permit, as defined below, shall require specific approval of an amended site plan, PUD master plan, MXD site plan, or subdivision plat.

1. A proposed increase in the amount of impervious surface within the development;

2. A proposed increase in the allowable density of development (may also require rezoning);

3. A proposed change in the number of dwelling units of five (5) percent or more;

4. A proposed change in the floor area ratio;

5. A proposed decrease in the amount of open space;

6. A modification in the original design concept, such as a substantial change in relationships among land uses, addition of a land use category not in the approved site plan or PUD master plan, a substantial change in traffic pattern or points of ingress or egress;

7. A modification in building location that affects required setbacks;

8. A modification to the parking lot that reduces the number or dimension of parking spaces;

9. A change in the location of the parking lot; or

10. A modification in the landscaping or buffering.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 6a, 1-9-2012)

10.00.03. - Exemptions. Exemptions from the requirement to obtain a development permit are identified in chapter 1.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)


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10.00.04. - Expiration of development permits. A. A major development permit (except for a subdivision plat approval and a rezoning to a zoning district

other than PUD) shall expire after twelve (12) months of issuance unless:

1. A longer period of time is specifically provided in the development permit;

2. All development activity authorized thereby has been completed; or

3. Any necessary minor development permit to complete the development authorized thereby has been issued and has not expired.

B. A minor development permit shall expire after six (6) months, unless work has commenced and is continuing in good faith, pursuant to all provisions of the permit.

C. Prior to expiration of a development permit, the development permit may be extended for a period not to exceed six (6) months, subject to the following:

1. A written request for an extension shall be submitted to the city.

2. Applicable fees for extension shall be paid.

3. No more than two (2) such six-month extensions shall be issued.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.00.05. - Development permits for a change of use. A. A change of use occurs when an existing use or occupancy of land or a building is replaced by another

use or occupancy.

B. A change of use shall not require a minor development in the following situations:

1. The existing use conforms to the comprehensive plan and this LDC;

2. The existing building conforms to the requirements of this LDC;

3. The proposed use conforms to the comprehensive plan and this LDC;

4. Any proposed modifications to an existing building are only to the facade or interior of the building;

5. The new use does not require a greater number of parking spaces than the existing use;

6. The new use does not require a greater number of parking spaces than are currently available on the site; and

7. All applicable development permits are obtained.

C. A minor development permit shall be required in any of the following situations:

1. The existing use does not conform to the comprehensive plan or the LDC;

2. An existing building does not conform to this LDC;

3. The proposed use requires a greater number of parking spaces than the existing use;

4. The proposed use requires a greater number of parking spaces than are currently provide on the site; or

5. There is a proposed increase in the amount of impervious surface, whether due to expansion of an existing building, proposed construction of additional buildings, or addition to paved areas for any purpose.

D. When a minor development permit is required due to a proposed change of use, all standards and procedures of this LDC shall apply to the proposed new use.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)


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10.00.06. - Combining lots. A. When two (2) or more lots are combined for development purposes, such lots shall be platted or re-

platted to create a single lot under one (1) ownership.

B. When two (2) or more lots are developed under unified control and design, all such lots shall have the same zoning district classification.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.00.07. - Fees required. A fee shall be required for all applications for development permits. Fees are set forth in the

schedule of fees, adopted by the city council. No action shall be taken on an application until all applicable fees are paid.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.00.08. - Fees for independent review of applications. The city is authorized to enter into a contract with persons who have expertise necessary for the

review of an application or a specific technical aspect of an application. The costs of such review shall be paid by the applicant.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.00.09. - Certificate of occupancy. A certificate of occupancy is the only demonstration that the use and occupancy of land or buildings

are in compliance with the requirements of this LDC. A certificate of occupancy shall be received by the property owner prior to the use or occupancy of land or buildings. When a change of use occurs, as set forth in section 10.00.05, a new certificate of occupancy shall be required. This section shall not be construed to apply to the transfer of ownership or the change of occupants, except as provided in section 10.00.05.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.00.10. - Street address requirements. All new development shall comply with the requirements of chapter 6, article XIII, of the City Code of

Ordinances, regarding street numbers and addresses.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.01.00. - Application requirements. See Table 10.01.00 for a list of types of applications and responsibilities for reviewing and rendering

decisions on each type of application.

Table 10.01.00. Types of Applications and Responsible Parties for Final Review and Decision-Making.

Type of Application Party Responsible for Review (R) and Decision-Making (D)

City Manager Planning Commission City Council

Site plan for development without supplemental standards

D

Minor subdivisions D


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Minor development permits D

Minor amendments to development permits D

Administrative waivers D

Site plan for development subject to supplemental standards

D

Variance D

Appeal of administrative decisions D

Preliminary and final subdivision plats

R D

PUD master plan and rezoning R D

MXD master plan and rezoning R D

Rezoning R D

Amendment to the LDC R D

Major amendments to development permits

(Consideration of major amendments to development permits follows the same procedure as for the initial application.)

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 6b, 1-9-2012)

10.01.01. - Pre-application conference. A. A pre-application conference is a meeting between an applicant and the city manager for the purposes

of:

1. Exchanging information on the potential development of a site;

2. Providing information on permissible uses of the site proposed for development;

3. Providing information to an applicant regarding the design standards set forth in this LDC that are applicable to a potential application;

4. Providing information to an applicant regarding standards of regional, state, or federal agencies that may be applicable to a potential application;

5. Determining the need and requirements for supporting plans, documents, and studies;

6. Providing information to an applicant regarding infrastructure requirements and the construction of required improvements; and

7. Providing information to an applicant regarding the appropriate procedures and schedules for receiving and reviewing applications and rendering decisions regarding a potential application.

B. Prior to the submission of an application for a major development permit, an applicant shall submit a written request for a pre-application conference.

C. A pre-application conference shall be held not more than two (2) weeks following the date of submission of the written request for such conference.

D. A pre-application conference shall be held not more than six (6) months prior to submission of an application.


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E. The pre-application conference shall include representatives of city departments responsible for reviewing applications, and may include representatives of regional, state, or federal agencies with authority over specific aspects of the proposed development.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.01.02. - Submittal requirements for all applications. A. Each application shall contain the following information:

1. An application form available from the city.

2. The name, address, telephone number, facsimile number, email address, and signature of the property owner.

3. When the applicant is a representative of the property owner, a notarized statement authorizing the representative to act as an agent of the property owner with regard to the application and associated procedures.

4. A property survey containing the legal description, land area, and existing improvements on the site. The survey shall be signed by a surveyor licensed in the state, and shall have been performed not more than two (2) years prior to the date of application.

5. Proof of payment of applicable fees.

B. An application regarding development within or affecting wetlands (see chapter 3) shall include proof of receipt of applicable permits or exemptions from regional, state, or federal agencies with permitting authority for wetlands.

C. All site plans and drawings for an application shall be prepared at the same scale. The sheet size shall not be less than eleven (11) inches by seventeen (17) inches and shall not be more than by thirty-six (36) inches by forty-eight (48) inches.

D. The number of copies of the application materials shall be as specified by the city manager.

E. Any development application for development proposed within the airport height notification zone established for the Crystal River Airport shall provide notification to the FAA as required by Title 14, Code of Federal Regulations, Part 77 Subpart C. Comments by the FAA shall be included as part of the submittal.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.01.03. - Submittal requirements for site plans, MXD site plans, and PUD master plans. A. In addition to the information required in section 10.01.02, all applications for site plan approval, MXD

approval and PUD master plan approval shall contain the following information:

1. The name, address, telephone number, facsimile number, and email address of the person preparing the plan.

2. The date of preparation and date(s) of any modifications, a north arrow, and a written and graphic scale.

3. The legal description of the property, consistent with the required survey.

4. A vicinity map showing the location of the property.

5. The location of streams, bodies of water, natural features, roads, rights-of-way, street intersections, and paved areas within the boundaries of the property.

6. The location of streams, bodies of water, and natural features within two hundred fifty (250) feet of the boundaries of the property.

7. The location of the mean high water line, if such line is within the boundaries of the property.


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8. A topographic survey, soils report, grading plan, and an erosion control plan.

9. A general floodplain map indicating areas subject to inundation and high groundwater levels up to a 100-year flood classification.

10. A statement indicating the distances to schools and public safety facilities intended to serve the proposed development.

11. The name, plat book, and page number of any recorded subdivision comprising all or part of the site.

12. The location and use of any existing and proposed principal or accessory buildings and structures, showing proposed setbacks, building heights, and other dimensional requirements of the zoning district in which the property is located.

13. The access points, driveway design, on-site parking, including required parking lot landscaping, internal circulation, sidewalks, and bicycle facilities.

14. The location of existing and proposed utilities, utility services, and easements.

15. A tree survey showing protected trees, proposed replacement trees, if required, and landscaping and buffering. (See section 4.05.00.)

16. For a PUD master plan, a detailed, written list and explanation of how the proposed PUD differs from any provision of this LDC applicable to the underlying zoning district.

17. For site plans, MXD plans, and PUD master plans where development is proposed in phases, the plans shall include phase lines and the supporting information:

a. Timeline for the development; and

b. Benchmarks for monitoring the progress of construction of each phase regarding land clearing, soil stabilization and erosion control, installation of infrastructure, and installation of landscaping.

18. A summary block containing:

a. Land use category from the future land use map in the comprehensive plan;

b. Zoning district;

c. Total acreage;

d. Total square footage for non-residential uses;

e. Total density and number of units, proposed and permissible, for residential uses;

f. Impervious surface ratio calculation, proposed and permissible;

g. Floor area ratio calculation, proposed and permissible;

h. Total number of parking spaces, required and provided; and

i. Number of trees required to be protected, number of trees remaining on the site, and number of trees to be planted.

B. Additional plans, documents, or reports that are necessary to support the application shall be submitted. Such plans, documents, or reports may include, but are not limited to, a master signage plan for commercial centers, concurrency analysis, traffic analysis reports, parking studies, stormwater management plans, or environmental impact studies. Concurrency analysis reports shall contain the information set forth in section 6.01.00. Requirements for traffic analysis reports are set forth in section 10.01.05. Requirements for parking studies are set forth in subsections 6.04.07.C. and D. Requirements for stormwater management plans are set forth in section 6.03.00. Requirements for environmental impact studies are set forth by regional, state, and federal agencies with jurisdiction and in chapter 3 of this LDC.


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(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 6c, 1-9-2012)

10.01.04. - Submittal requirements for subdivision plats. A. A preliminary subdivision plat shall be required when new streets, water lines, or sewer lines are

required. Where new streets, water lines, and sewer lines are not required, the preliminary and final plat may be combined into a single submittal. A preliminary plat provides for a complete review of technical data and preliminary engineering drawings prior to completion of the final plat for recording.

B. In addition to the information required in section 10.01.02, all applications for preliminary subdivision plat approval shall contain the following information:

1. The name, address, telephone number, facsimile number, and email address of the person preparing the plat.

2. The date of preparation and date(s) of any modifications, a north arrow, and a written and graphic scale.

3. Development specifications for the tract: area, proposed number and layout of lots and blocks, location, names, and widths of proposed roadways, consistent with the Future Transportation Circulation Map of the Comprehensive Plan.

4. Location of land to be dedicated or reserved for public use for rights-of-way, easements, schools, open spaces, or other public uses.

5. Locations of utilities, utility service, connections to existing utility facilities, and easements necessary to provide access to the utility facilities for maintenance or other activity.

6. Location of the nearest available public water supply and wastewater disposal system.

7. A topographic survey, soils report, grading plan, and an erosion control plan.

8. Existing surface water bodies, wetlands, streams, and canals, including the location of the mean high water line for each feature.

9. A preliminary surface drainage plan showing direction of flow and methods of stormwater retention.

10. A floodplain map indicating areas subject to inundation and high groundwater levels up to a 100-year flood classification, and establishing a base flood elevation for all proposed lots within the subdivision.

11. A tree survey showing protected trees, proposed replacement trees, if required, and landscaping and buffering.

C. An improvements plan shall be submitted with a preliminary plat application. The improvements plan shall include the following information:

1. A stormwater management plan showing the complete drainage system in compliance with the requirements set forth in section 6.03.00.

2. Soils map, soil infiltration test locations, results of test borings, and subsurface conditions, providing at least one test per drainage retention or detention area.

3. Paving and drainage plans and profiles showing existing and proposed elevations and grades of all paved and open areas, including the size, location, and type of facilities.

4. Water distribution and wastewater collection plans and proposed profiles.

5. Typical roadway and drainage sections and a summary of quantities to include a driveway apron and culvert schedule with typical sections.

6. Profile sheet showing special situations such as intersections or waterways.

7. Plans showing existing and proposed improvements to waterways, lakes, streams, channels, ditches, bridges, culverts, seawalls, bulkheads, and retaining walls.


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8. A street lighting plan, showing approval of the appropriate utility authority.

9. Landscaping plan, demonstrating compliance with section 4.05.00.

10. Construction details for all proposed improvements described on the improvements plan.

11. Written specifications demonstrating compliance with all applicable design standards.

D. Additional plans, documents, or reports that are necessary to support the application shall be submitted. Such plans, documents, or reports may include, but are not limited to, concurrency analysis, traffic analysis reports, parking studies, or environmental impact studies. Concurrency analysis reports shall contain the information set forth in section 6.01.00. Requirements for traffic analysis reports are set forth in section 10.01.05. Requirements for parking studies are set forth in subsections 6.04.07.C. and D. Requirements for environmental impact studies are set forth by regional, state, and federal agencies with jurisdiction and in chapter 3 of this LDC.

E. A final plat is the final design drawing showing the boundaries and locations of all lots. The final plat is intended to provide a perpetual record of the subdivision. The final plat shall meet the following requirements:

1. The final plat shall conform to the approved preliminary plat in all respects, except that minor variations in dimensions and alignment resulting from more precise final computations may be accepted.

2. The final plat shall be drawn at the same scale, using the same sheet size, as for the associated preliminary plat and improvements plan.

3. The subdivision shall be given a name by which it shall be legally known. The name shall not be the same as any other recorded subdivision name, except where the subdivision is an additional unit or section of an existing subdivision.

a. Lots and blocks shall be numbered or lettered consecutively.

b. Excluded parcels shall be clearly indicated and labeled.

4. Acknowledgements, dedications, notifications, notes, and declarations shall be on the first sheet, and extended to following sheets if necessary.

a. All areas reserved for use by residents of the subdivision shall be so indicated. All areas reserved for public use, such as parks, rights-of-way, easements, drainage areas, and other public areas, shall be dedicated by the owner of the land at the time the final plat is recorded. All streets shall be named. Dimensions, purpose, and reservation of easements shall be indicated.

b. The mortgagee's consent and approval of dedications shall be required on all plats where mortgages encumber the land to be platted. The signature(s) of the mortgagee(s) shall be witnessed.

c. Restrictive covenants pertaining to use of improvements, land, water shall be submitted with the final plat for recording.

d. The final plat shall be prepared by a professional surveyor, licensed in the State of Florida, who shall certify on the plat that the plat is a true and correct representation of the lands surveyed, and that the survey data complies with all requirements of F.S. ch. 177, this LDC, and that permanent reference monuments have been set in compliance with the Florida Statutes. The certification shall bear the signature, registration number, and official seal of the surveyor.

e. Signature blocks shall be provided for the mayor and all appropriate officials, together with the name and title of the officials.

5. A certificate of ownership shall be submitted dated not more than sixty (60) days prior to the recording date of the final plat. The certificate shall be an attorney's opinion of title or a title company certificate.


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6. The final plat shall include a legal description of the lands subdivided.

7. When two (2) or more sheets are necessary to accurately portray subdivided lands, an index sheet shall be provided showing the entire subdivision as well as the sheet layout. Sheets shall be numbered.

F. Specific requirements for minor subdivision.

1. A minor subdivision is an alteration of a common property boundary between two (2) platted lots.

2. A minor subdivision may increase or decrease the lot areas, but shall not result in a lot that does not comply with the density, dimension, or other design requirements of this LDC.

3. A minor subdivision shall not create a nonconforming situation with regard to a lot or any structures located on a lot.

4. A minor subdivision is exempt from the platting requirements set forth for preliminary and final plats in this section.

5. An application for a minor subdivision shall include the following information in addition to the information required in section 10.01.02:

a. Existing and proposed legal descriptions, including existing easements and rights-of-way.

b. Existing and proposed dimensions of the lots subject to the proposed lot line adjustment.

c. Applicable zoning district and site design requirements pursuant to this LDC.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.01.05. - Requirements for traffic analysis reports. A. Traffic analysis reports shall be prepared by a traffic engineer.

B. As part of the pre-application conference, the city and the applicant shall determine the area of impact for the traffic analysis.

C. The analysis shall consider both on-site and off-site traffic impacts, including:

1. The existing average daily traffic on adjacent streets and streets impacted by the proposed development. Where traffic counts are not available, the applicant shall conduct traffic counts.

2. The total trips generated by the project and the distribution of the trips onto adjacent streets. Institute of Traffic Engineers (ITE) trip generation rates shall be used as the basis for trip generation calculations. An alternative source of data may be used, where specifically approved by the city in advance.

3. Level of service calculations at each project access point for both the a.m. and p.m. peak hours, both existing and with the proposed development.

4. Level of service calculations at impacted intersections for both the a.m. and p.m. peak hours, both existing and with the proposed development.

5. Analysis of the need for turning lanes or additional lanes on impacted roadways.

6. Analysis of the need for intersection improvements.

7. Analysis of the need for traffic signals or other traffic control devices.

8. Other transportation factors based upon generally accepted traffic engineering practices.

D. The report shall include a statement of the assumptions used in conducting the analysis, including the following:

1. Type and intensity or density of development.

2. Projected population of a residential development.


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3. Proposed timing and phases of development.

4. Proposed design of streets, access points, driveways, alleys, sidewalks, and other components of the transportation system.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.01.06. - Submittal requirements for amendments to the official zoning map. A. In addition to the information required in section 10.01.02, all applications for amendments to the

official zoning map (rezoning) shall include the information set forth in this section.

B. A site plan shall not be submitted simultaneously with the application for rezoning.

C. Where the rezoning is to PUD or MXD, the application shall include a PUD master plan or a MXD site plan meeting the requirements in section 10.01.03.

D. The application shall include a map of the area indicating the proposed zoning district designation for the subject property. The map shall show the current zoning district designations and land use categories from the future land use map in the comprehensive plan for the subject property and all adjacent properties.

E. A statement shall be provided including the following information:

1. The consistency of the proposed zoning district with the land use category on the future land use map in the comprehensive plan.

2. A justification for the proposed zoning district.

F. A proposed amendment to the FLUM for the Mixed Use land use category may be made concurrently with a request for a rezoning to the MXD within the Community Redevelopment Area and the Waterfronts Florida Area.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 6d, 1-9-2012)

10.01.07. - Submittal requirements for amendments to the land development code. A. In addition to the information required in section 10.01.02, all applications for amendments to this LDC

shall include the information set forth in this section.

B. A description of the proposed amendment, with specific citations to the section(s) proposed for amendment,

C. A detailed statement including the following information:

1. Consistency of the proposed amendment with the comprehensive plan.

2. Justification for the proposed amendment.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.01.08. - Requirements for minor development permits. A. The following types of minor development permits may be required:

1. Construction permits subject to the administrative procedures of the Florida Building Code. Construction permits include new construction, signs, fences, accessory buildings, and modifications to existing structures.

2. Permits for electrical, plumbing, heating and air conditioning, gas, or swimming pool installation, subject to the procedures for the applicable technical code.

3. A permit for painting or repainting buildings within the CRA Overlay district or commercial buildings in any zoning district.


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4. Driveway connection permits from FDOT.

5. Right-of-way utilization permits from the city and/or the county.

6. Environmental resource permits from SWFWMD and/or FDEP.

7. Stormwater permits from the city.

8. Drainage permits from the city.

9. Sewer connection permits from the city and/or FDEP.

10. Potable water connection permits from the city and/or FDEP.

11. Land clearing permits from the city.

12. Tree removal permits from the city.

13. A permit to resurface or reconfigure the spaces in an existing parking lot.

B. Application requirements for minor development permits are established separately. Consult with the city, county, or applicable agency for application, review, and permit issuance requirements.

C. Construction permits shall include a determination of compliance with LDC requirements as part of the application and review process.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.01.09. - Requirements for temporary use permits. (Reserved)

10.01.10. - Requirements for telecommunication tower permits. (Reserved)

10.02.00. - Notice requirements. 10.02.01. - Generally. A. Notices for rezoning and amendments to this LDC shall comply with the requirements of state law.

B. Notice shall be required for the following applications:

1. Site plans for development within the CRA Overlay district;

2. Site plans subject to supplemental standards;

3. Variances;

4. Administrative appeals;

5. Vested rights determinations; and

6. Preliminary or final subdivision plats.

C. All required notices shall contain the following information:

1. The name of the applicant.

2. The location of the property for which development approval is sought.

3. The nature of the approval sought by the applicant.

4. The date, time, and place of any applicable public hearings on the application.

D. Notice shall be provided a minimum of fifteen (15) days before the applicable public hearing.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.02.02. - Posted notice requirements.


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A. The city shall post a sign on the property that is the subject of the application. The sign shall be located in a manner to ensure that it is clearly visible on each portion of the subject property that fronts on a roadway.

B. The city shall post a notice in a conspicuous place at city hall.

C. The sign and notice shall contain the information set forth in section 10.02.01.

D. Failure to place, maintain, or replace the sign may affect the jurisdiction of the reviewing board or decision-making entity to consider the application if the person challenging the jurisdiction is an affected party, and presents evidence that the sign was not posted, or replaced within a reasonable time.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 07-O-34, § 2, 6-27-2007)

10.02.03. - Mailed Notice requirements. A. Notice of a required public hearing shall be mailed, certified return receipt, to all owners of real property

located within three hundred (300) feet of the exterior lot lines of the subject property which is subject to the application.

B. The names and addresses of such property owners shall be determined by reference to the latest ad valorem records for Citrus County, Florida. A list of the names and addresses of the property owners shall be provided to the department of planning and development by the applicant, as well as a check for the full amount of the postage. An applicant's package shall not be deemed complete until this requirement is met.

C. The costs of mailing shall be borne by the applicant.

D. Failure of the applicant to provide all the names and addresses of all the owners referred to in subsection "A" shall give the property owner standing to challenge the completeness of the application.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 07-O-34, § 1, 6-27-2007)

10.02.04. - Published notice requirements. A. The city shall publish a notice in a newspaper of general circulation in Crystal River.

B. The notice shall contain the information set forth in section 10.02.01.

C. The notice shall comply with all requirements of state law regarding size and placement in the newspaper.

D. The costs of publishing such notice shall be paid by the applicant. Payment of such costs shall be made prior to scheduling any required public hearing.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.03.00. - Procedures for review and decision-making. See Figure 10-1 for a flow chart of the review and decision-making process.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.03.01. - Determination of completeness. A. A determination of completeness is a determination that all required documents and plans have been

submitted in sufficient number, and that all fees have been paid. A determination of completeness is not a determination of compliance with substantive standards and criteria.


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B. The city manager shall issue a notification to the applicant, within five (5) business days of receipt of an application, whether the application is complete. When the application is not complete, the notification shall specifically identify the missing documents and/or plans.

C. The applicant shall have thirty (30) days from the date of notice to correct the deficiencies. The application shall not be processed until deficiencies are corrected and the application is determined to be complete. If the applicant fails to correct the deficiencies within the thirty-day period, the application shall be deemed withdrawn.

D. When all required documents and plans have been received within the required time period, the application shall be assigned a number and processed for review and action in accordance with the procedures set forth below.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.03.02. - Review and compliance report by city manager. All applications for site plans, site plans subject to supplemental standards, site plans for MXD

districts, PUD master plans, rezoning, amendments to this LDC, preliminary subdivision plats, final subdivision plats, minor subdivisions, and amendments to previously issued development permits shall be reviewed by the city manager. A compliance report shall be prepared setting forth the findings and conclusions regarding compliance of the application with the standards and criteria of this LDC. Procedures for review and preparation of a compliance report are set forth below:

A. Applications for site plan approval.

1. An application for a site plan for property within the CRA Overlay district shall be sent to the community redevelopment agency for review and recommendation. The CRA shall hold a properly noticed quasi-judicial hearing as set forth in the published meeting schedule. The CRA shall make findings regarding compliance of the proposed site plan with section 4.02.03, and shall provide a written CRA report regarding such compliance to the city for inclusion in the compliance report.

2. Within thirty (30) days (forty-five (45) days for projects within the CRA Overlay district) following the determination that the application for site plan approval is complete, the city manager shall determine whether the application complies with the requirements, standards and criteria of the LDC, including the written report from the CRA.

3. Where the site plan includes a request for an administrative waiver, as set forth in section 9.03.00, the compliance report shall include documentation of the compliance of the requested waiver with standards applicable to the requested waiver and the action taken on the requested waiver.

4. When the application is approved or approved with conditions, the written compliance report and one (1) copy of the approved site plan, which may contain signed notations regarding conditions of approval, shall be provided to the applicant by the city manager.

5. When the site plan is approved or approved with conditions, a written major development permit shall be issued. The written order shall be signed by the city manager.

6. If the site plan fails to comply with the standards and criteria of this LDC, the compliance report shall specifically identify the manner in which the application is deficient, including a citation of applicable sections of this LDC. The compliance report shall be sent to the applicant. The applicant shall have thirty (30) days from the date of the compliance report to correct the deficiencies and submit the revised site plan.

When the deficiencies pertain to design standards subject to CRA approval (design standards set forth in section 4.02.03), the revised site plan shall be reviewed by the CRA as set forth in section 10.03.02A.1. 7. An extension of the time period for correction of deficiencies may be requested in writing. Such

extension shall be limited to an additional thirty (30) days.


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8. Failure to submit a corrected site plan within the thirty-day period shall result in denial of the application. No further action shall be taken except upon reapplication.

B. Applications for site plans for development subject to supplemental standards.

1. An application for a site plan for property within the CRA Overlay district shall be sent to the community redevelopment agency for review and recommendation. The CRA shall hold a properly noticed quasi-judicial hearing as set forth in the published meeting schedule. The CRA shall make findings regarding compliance of the proposed site plan with section 4.02.03, and shall provide a written CRA report regarding such compliance to the city for inclusion in the compliance report.

2. Within thirty (30) days following the determination that the application for site plan approval is complete, the city manager shall determine whether the application complies with the requirements, standards and criteria of the LDC, including the written report from the CRA.

3. Where the site plan includes a request for an administrative waiver, as set forth in section 9.03.00, the compliance report shall include documentation of the compliance of the requested waiver with standards applicable to the requested waiver and the action taken on the requested waiver.

4. If the site plan fails to comply with the standards and criteria of this LDC, the compliance report shall specifically identify the manner in which the application is deficient, including a citation of applicable sections of this LDC. The site plan and compliance report shall be sent to the applicant. The site plan application shall not be scheduled for a public hearing until the applicant has had an opportunity to correct the deficiencies. The applicant shall have thirty (30) days from the date of the compliance report to correct the deficiencies and submit a revised site plan. When the deficiencies pertain to design standards subject to CRA approval (design standards set forth in section 4.02.03), the revised site plan shall be reviewed by the CRA as set forth in subsection 10.03.02A.1.

5. An extension of the time period for correction of deficiencies may be requested in writing. Such extension shall be limited to an additional thirty (30) days.

6. The compliance report, including the written report from the CRA, and the application materials shall be forwarded to the planning commission with a recommendation for approval, approval with conditions, or denial.

C. Applications for minor subdivisions shall be reviewed for compliance with the site design requirements applicable to the zoning district in which the lots are located. Where the application demonstrates compliance with all such requirements, the city manager shall approve the proposed boundary survey. The survey shall be recorded by the applicant in the public records of Citrus County.

D. Applications for preliminary and final subdivision plats and rezoning with a PUD master plan shall follow the process set forth in subsection B. above, such applications shall be considered by the planning commission for recommendation to the city council which has final authority.

E. Applications for rezoning other than PUD and amendments to this LDC shall follow the process set forth below. Such applications shall be considered by the planning commission for recommendation to the city council which has final authority.

1. An application for rezoning property within the CRA Overlay district shall be sent to the community redevelopment agency for review and recommendation.

2. Within thirty (30) days following the determination that the application is complete, the city manager shall determine whether the application complies with the requirements, standards and criteria of the LDC, including consistency with the comprehensive plan.

3. The compliance report, including the written report from the CRA, and the application materials shall be forwarded to the planning commission with a recommendation for approval, approval with conditions, or denial. Such applications shall be considered by the planning commission for recommendation to the city council which has final authority.


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(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 6e, 1-9-2012)

10.03.03. - Procedures for action by the community redevelopment agency. Applications for site plans, site plans subject to supplemental standards, PUD master plans,

rezoning, amendments to this LDC, preliminary subdivision plats, final subdivision plats, and amendments to previously issued development permits pertaining to property within the CRA Overlay District shall be considered by the CRA according to the following procedures.

A. When an application is determined to be complete, the application shall be scheduled for consideration by the CRA according to the published meeting schedule.

B. Notice shall be provided in compliance with the requirements of section 10.02.00.

C. The CRA shall consider the application at a quasi-judicial hearing, according to the adopted procedures set forth in section 10.04.00.

D. The CRA shall make findings regarding compliance of the application with the standards set forth in section 4.02.03.

E. The CRA shall issue a written report for inclusion with the compliance report prepared by city manager.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.03.04. - Procedures for action by the planning commission. A. Applications for site plans for development subject to supplemental standards.

1. When the compliance report is prepared as set forth in section 10.03.02, the application shall be scheduled for consideration by the planning commission according to the published meeting schedule.

2. Notice shall be provided in compliance with the requirements of section 10.02.00.

3. The planning commission shall consider the application at a quasi-judicial hearing, according to the adopted procedures set forth in section 10.04.00.

4. The planning commission shall approve, approve with conditions, or deny the application.

5. When an application has been approved or approved with conditions, the planning commission shall issue a written order for the major development permit with conclusions of applicable law and findings of relevant fact. Findings shall address all matters except compliance with section 4.02.03, which is reserved to the CRA.

6. The written order shall not be final and enforceable until signed by the chairman of the planning commission.

B. Applications for variances and appeals shall be processed as set forth in chapter 9.

C. Applications for preliminary subdivision plats, final subdivision plats, rezoning, PUD zoning and master plans, or amendments to this LDC

1. When the compliance report is prepared as set forth in section 10.03.02, the application shall be scheduled for consideration by the planning commission according to the published meeting schedule.

2. Notice shall be provided in compliance with the requirements of section 10.02.00.

3. The planning commission shall consider the application at a quasi-judicial hearing, according to the adopted procedures set forth in section 10.04.00.

4. The planning commission shall recommend to the city council that the application be approved, approved with conditions, or denied. The recommendation shall be in writing and shall include findings to support the recommendation.


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(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.03.05. - Procedures for action by the city council. A. The city council shall consider an application for preliminary subdivision plat approval, final subdivision

plat approval, rezoning, an application for rezoning to PUD with a master plan, an application for vested rights determination, or an application for amendment to this LDC at a public hearing.

B. Notice shall be provided in compliance with the requirements of section 10.02.00.

C. When required, a quasi-judicial hearing shall be held for consideration of rezoning or rezoning to PUD with a master plan. A quasi-judicial hearing shall be required for consideration of an application for a preliminary subdivision plat.

D. Approval of rezoning to PUD with a master plan shall include a condition that the standards and criteria set forth on the master plan are binding on all future development of the site.

E. When an application has been approved or approved with conditions, the city council shall issue a written order for the major development permit with conclusions of applicable law and findings of relevant fact.

F. The written order shall not be final and enforceable until signed by the city mayor.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.03.06. - Requests for continuation of a public hearing. A. An applicant may request, in writing, a continuance of the public hearing regarding a specific

application

B. If the city manager receives the written request for a continuance at least seven (7) days prior to the public hearing at which the application is scheduled to be heard, the applicant's request for a continuance will be automatically granted. An applicant shall be limited to one (1) such automatic continuance.

C. If the city manager receives the written request for a continuance less than seven (7) days prior to the public hearing at which the application is scheduled to be heard, the applicant is not entitled to an automatic continuance. The decision-making entity will consider the request for a continuance, and shall only grant such request upon a demonstration by the applicant of good cause for a continuance.

D. If an applicant receives a continuance, the applicant shall reimburse the city for all advertising costs associated with rescheduling the public hearing for the application. The public hearing will not be rescheduled until such payment is received.

E. If a public hearing is continued, at the scheduled public hearing, to a date and time certain, no additional notice shall be required.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.03.07. - Withdrawal of pending applications. A. An applicant may withdraw an application at any time prior to issuance of a development permit. The

applicant shall provide written notice of the withdrawal to the city manager.

B. If the city manager receives an applicant's written notice of withdrawal less than seven (7) days prior to the public hearing at which the application is scheduled to be heard, the applicant shall be precluded from submitting the same or substantially same application for the subject property for a period of six (6) months.

C. If the city manager receives an applicant's written notice of withdrawal at least seven (7) days prior to the public hearing at which the application is scheduled to be heard, the six (6) month preclusion contained in subsection 10.04.05.B. shall not apply.


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D. Fees shall not be refunded if an application is withdrawn.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.03.08. - Resubmittal of denied applications. Applications for major development permits which are the same or substantially the same as an

application which has been denied shall not be resubmitted prior to twelve (12) months following the date of denial.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.04.00. - Construction and improvements. [10.04.01]10.05.01. - Compliance with development permits. A. All construction of buildings, structures, and improvements described in a development permit shall

be performed in strict compliance with the approved development permit.

B. Any deviation from a major development permit and subsequent minor development permits shall require additional review of the change to the plans by the city and shall receive approval prior to commencement of work. Additional review and decision-making shall be processed in the same manner as the original application. (See section 10.05.00 regarding amendments to approved development permits.)

C. Upon completion of the project, the applicant shall provide record drawings sealed by an engineer, licensed in the State of Florida, certifying that the actual construction conforms to the approved site plan(s), subdivision plats, or improvements plans.

D. Upon completion of construction, the applicant may apply to the city for a certificate of occupancy. If the city manager determines that the action of the applicant has been taken in accordance with the development permit(s), a certificate of occupancy shall be issued, allowing the premises to be occupied for the uses approved in the development permit.

E. All improvements required by this LDC shall be designed, installed, and paid for by the developer. Such improvements may include, but are not limited to, transportation facilities, potable water facilities, sewer facilities, stormwater and drainage facilities, and recreation facilities. Improvements shall be guaranteed as set forth in section 10.04.02.

F. The property owner or other entity approved by the city shall be responsible for maintenance of all stormwater facilities installed on private property. Maintenance of stormwater facilities shall be perpetual or for a time period specified in the development permit. At any time during the maintenance period, or after in cases where adverse impacts to public stormwater facilities are believed to be occurring due to the action of a private property owner, the city reserves the right to enter upon that property for purposes of visual inspection. Property owners shall be notified in writing of any such inspection and its results.

G. In cases of construction of facilities dedicated to the public, the owner shall be responsible for maintenance for a period of three (3) years following completion of the construction and approval of the construction by the city. Upon completion of the maintenance period, the owner shall advise the city in writing requesting final inspection for perpetual maintenance by the city. Final acceptance shall not be given until all necessary repairs have been completed and an engineer, licensed in the State of Florida provides a final certificate of completion to the city.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

[10.04.02]10.05.02. - Improvement agreements, guarantees, and sureties. An improvement agreement may be proposed which indicates that all required infrastructure and

other improvements specified on a site plan or subdivision plat shall be satisfactorily constructed within


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the period stipulated in the development permit. The improvement agreement shall meet the following requirements:

A. The term shall not exceed five (5) years from the date of issuance of the development permit.

B. The agreement shall include:

1. The projected total cost for each improvement determined either by an estimated prepared and provided by the applicant or a copy of an executed construction contract provided by the applicant.

2. Specification of improvements to be made and dedicated together with a timetable for completing such improvements.

3. Agreement that, upon failure of the applicant to make required improvements according to the timetable, the city shall utilize the security provided under the agreement to complete the improvements.

4. Provision of the amount and type of security provided to insure performance as set forth herein.

C. The security specified in the improvement agreement shall be approved as sufficient by the city manager. The amount of security shall be one hundred twenty-five (125) percent of the estimated or contracted improvements costs.

D. Security requirements may be met by:

1. Bank check;

2. Certified check;

3. Irrevocable letter of credit; or

4. Surety bond.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.05.00. - Amendments to development permits. When a major development permit has been issued and an applicant wishes to modify the site plan,

subdivision plat, the MXD site plan, or the PUD master plan to which the major development permit applies, the procedures of this section shall apply. (Amendments to minor development permits shall be governed by the applicable building or technical codes, or city permit procedures.)

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005; Ord. No. 11-0-17, § 6f, 1-9-2012)

10.05.01. - Minor amendments. Minor amendments include the following:

A. Changes in the types and locations of landscaping materials, provided that:

1. Such changes do not reduce total amount of landscaping material;

2. Any required buffer area complies with the standards of this LDC; and

3. The proposed landscaping materials comply with the specifications of this LDC.

B. The addition of a deck, patio, porch, or other appurtenance to a building, provided that:

1. Such additions are less than three hundred (300) square feet; and

2. Such additions comply with the required setbacks for the zoning district.

C. A minor adjustment in the location of dumpsters, sidewalks, bicycle facilities, sheds, or other accessory buildings, provided that:


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1. The adjustment does not deviate from the approved location more than two (2) feet in any direction;

2. Such adjustment does not encroach into any required buffer or stormwater management area;

3. Such adjustment does not increase the approved impervious surface ratio for the project; and

4. The location continues to comply with all standards of this LDC, including but not limited to setbacks, landscaping, and buffer requirements.

D. A minor adjustment in the location and design of parking lots and access drives, provided that:

1. Such adjustment does not encroach into any required buffer or other landscaped area;

2. Such adjustment does not increase the approved impervious surface ratio for the project;

3. Such adjustment does not reduce the number of parking spaces; and

4. Such adjustment continues to comply with all standards of this LDC and the Public Works Manual.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.05.02. - Procedures for minor amendments. A. The applicant shall submit one (1) copy of the approved site plan, subdivision plat, or PUD master

plan, indicating the proposed minor amendments.

B. The city manager shall determine that the amendment is consistent with:

1. The requirements of section 10.05.01;

2. The standards and criteria of the LDC; and

3. That such amendment is compatible with the surrounding area.

C. The city manager shall approve or deny the application for a minor amendment and issue a written order to modify the development permit.

D. A minor amendment for development within the CRA Overlay district shall not be approved until such amendment has been considered by the CRA at a regular meeting and a recommendation of approval provided by the CRA.

E. A written order shall be issued by the city manager regarding approval or denial of the minor amendment.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.05.03. - Major amendments. Any proposed change that is not a minor amendment as described in section 10.05.01 shall be

considered a major amendment. Major amendments are processed in the same manner as the original application.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.06.00. - Enforcement. 10.07.01. - Generally.

It shall be a violation of this LDC to:

A. Use or develop property without a development permit required by this LDC for such use or development;

B. Use or develop any property for use that is not permissible in the applicable zoning district;


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C. Use or develop property in violation of the conditions and limitations for such use or development set forth in this LDC;

D. Use or develop property in violation of the conditions set forth in the applicable development permit;

E. Violate the terms or conditions of any development permit issued under or pursuant to this LDC;

F. Fail to comply with a "stop work" order; or

G. Construct or move any structure in violation of the applicable provisions of this LDC.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.07.02. - Responsibility for enforcement. The city manager or designated code inspector shall be responsible for enforcement of the

provisions of this LDC.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

10.07.03. - Complaints and investigations. A. Whenever a violation of this LDC occurs, or is alleged to occur, any person may file a written complaint.

Such complaint shall state fully the causes and basis of the complaint.

B. The written complaint shall be filed with the code inspector.

C. The code inspector shall record such complaint and may conduct an investigation to determine whether a violation exists.

D. The code inspector may initiate an investigation whether or not a complaint has been filed.

E. The code inspector may issue an order to stop all activities that have been determined to be in violation.

(Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

CHAPTER 11. - TRANSFER OF DEVELOPMENT RIGHTS (TDR) 11.00.00 - Generally. 11.00.01 - Purpose and intent.

This chapter sets forth procedures for the creation of Transfer of Development Rights (TDR's) in accordance with the City of Crystal River Comprehensive Land Use Plan, Future Land Use Element. Such procedure is consistent with the policies set forth in F.S. 163.3177(6) and F.S. 163.3177(11)(a). The intent of TDR's is to facilitate the preservation of the Three Sisters parcel, an environmentally sensitive parcel from development by transferring density away from such parcel onto suitable sites within the city.

(Ord. No. 08-0-24, § 3, 1-26-2009)

11.00.02. - Definitions. The following definitions are specifically applicable to the TDR process:

A. Transfer of development right(s). One (1) or more units of residential density created by the Crystal River City Council via the planned development process for transfers from donating parcels to receiving parcels.

B. Donating parcel. The Three Sisters Spring's parcel per plan, Goal 4, Objective 4.1, Policy 4.2(A) and 4.2(B) (Ord. No. 08-O-13)

C. Receiving parcel. That parcel of land, designated via the Planned Development process, which receives TDR's from a donating parcel.


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D. TDR planned development. A planned development created pursuant to the City of Crystal River Land Development Code, Chapter 4, Section 4.04.00 et. seq., specifically labeled as a "TDR Planned Development" upon approval by the Crystal River City Council and, concurrent with said approval, upon the assignment of TDR's to a receiving parcel.

(Ord. No. 08-0-24, § 3, 1-26-2009)

11.03.00. - Eligibility for planned development with transfer of development (PD-TDR). 1. Planned developments with transfers of development rights (PD-TDR) may be proposed for two (2) or

more contiguous or noncontiguous tracts of land to facilitate transfers of development rights from environmentally sensitive areas as defined in Future Land Use Element, Goal 4, Policy 4.2(A) and (B), to less sensitive areas. The PD-TDR will allow a specific number of residential units of density to be transferred from one parcel (donating parcel) to another (receiving parcel), and the donating parcels shall be rezoned as coastal preservation (donating parcel) and the receiving parcel, PD-TDR (receiving parcel). As a result of the transfer, receiving parcels may be developed at a gross density that exceeds that provided on the receiving parcel's applicable land use category. The process and standards for planned developments in Chapter 4, Article 4.04.00 et. seq. shall apply to the PD-TDR Master Plan for the receiving parcel with the following additional requirements:

a. The planned development may be implemented as a unified development plan including both the donating and receiving parcels. The donating parcel shall be effectively zoned as a coastal preservation district under the Crystal River Land Development Code. In the alternative, TDR's may be created pursuant to a bifurcated process; the donating parcel shall be initially designated as a Coastal Preservation District and thereafter, the number of TDR's to be created and utilized shall be established with the receiving areas determined via a subsequent PD-TDR on a future receiving parcel.

b. The donating parcels shall be the Three Sisters Springs parcel.

c. The maximum number of units that can be transferred from the donating parcel shall be:

a) If the donating parcel has entitlements approved thereon but said entitlements are below the maximum density allowable under the currently applied city future land use designation and zoning district, transferred TDR's shall be the maximum build out of the donating parcel per gross acre less the permitted density of the donating sites development rights.

d. If not all available TDR units are initially transferred to a receiving site, they may remain titled with applicant in a holding status for future use. The remaining units may only be transferred to a receiving parcel at a later date, by way of an approved PD-TDR Plan to the zoning map.

e. The donating parcel shall be designated on the zoning map and shall be protected as a conservation area.

f. Development of receiving parcels shall be consistent with Goal 4.0, Obj. 4.1 and Policy 4.2 of the City of Crystal River's Future Land Use Element.

g. The receiving sites for the PD-TDR areas shall be evaluated for their viability as areas of increased development. Allowance of this increased density shall be subject to an evaluation of factors that include availability and capacity of public infrastructure and services, no impacts to wetlands or environmentally sensitive areas, the land uses and development patterns of the surrounding areas and criteria of Policy 4.2(B) of the plan.

h. Reasonable notice of hearings, as required by the City of Crystal River Code of Ordinances and/or Florida Statutes, shall be provided to those entitled to such notice.

(Ord. No. 08-0-24, § 3, 1-26-2009)

CHAPTER 12. - SIGNS[2]


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Footnotes: --- (2) --- Editor's note— Ord. No. 10-0-16, § 1, adopted Nov. 8, 2010, repealed the former Ch. 12, §§ 12.00.01—12.00.12, and enacted a new Ch. 12 as set out herein. The former Ch. 12 pertained to similar subject matter and derived from Ord. No. 00-0-02, § 1, adopted Mar. 27, 2000; Ord. No. 01-0-16, § 1, adopted Aug. 13, 2001; Ord. No. 03-03-28, § 1, adopted Dec. 8, 2003; Ord. No. 04-0-13, §§ 1, 2, adopted July 28, 2004; and Ord. No. 05-0-08, §§ 1, 2, adopted May 17, 2005.

Editor's note— Ord. No. 05-0-08, §§ 1, 2, adopted May 17, 2005, repealed App. A in its entirety and provided that former §§ 6.50—6.60 should be saved from repeal. In lieu of instruction as to placement of §§ 6.50—6.60, at the discretion of the editor, these sections have redesignated as §§ 12.00.01—13.00.01.

12.00.01. - Purpose. Signs may be erected and maintained only when in compliance with the following provisions of this

chapter. The purpose of this article is to create the framework for a comprehensive and balanced system of sign control. It recognizes the need for a well-maintained and attractive appearance in a community and the need for adequate business identification, advertising and communication. It is the intent of this chapter to promote the health safety, convenience, aesthetics and general welfare of the community by controlling signs which are intended to communicate to the public and to authorize the use of signs which are:

1. Compatible with their surroundings.

2. Designed, constructed, installed and maintained in such a manner that they do not endanger public safety nor contribute to vehicular visual distraction.

(Ord. No. 10-0-16, § 1, 11-8-2010)

12.00.02. - Definitions. Abandoned sign. Except as otherwise provided in this chapter, any sign that is located on property

which becomes vacant and unoccupied, pertains to a business which does not maintain a current and valid city business tax receipt or pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned.

Animated sign. A sign depicting or involving action, motion, light, or color changes through electrical or mechanical means. Animated signs are not identified as illuminated signs.

Awning/canopy sign. A sign with its copy on a shelter made of any non-rigid material, such as fabric or flexible plastic that is supported by or stretched over a frame and attached to an exterior wall of a building or other structure.

Balloon. An airtight bag filled with hot air, helium, hydrogen or any other gas lighter than air which is tethered to the ground or any other stationary object for the primary purpose of attracting attention to its site, whether or not the bag displays characters, ornamentation or letters.

Banner. Any sign with characters, letters, illustrations or other ornamentation applied to or integrated in any cloth, paper, fabric, plastic or similar material that is not permanently attached to a solid backing wood, metal or masonry.

Billboard. A permanently installed sign that is sixty-four (64) square feet and over in size, with the bottom of the sign four (4) foot or more above grade advertising goods, services, ideas or events which are not provided or sold at the same location as the sign.

Business identification sign. A sign which advertises an individual business establishment located on the same property.

Building directory sign. An on-premises sign listing the tenants of a multiple tenant structure or center.


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Building frontage. The area of the street side of the building, housing the business, excluding roof and parapet areas, including glass areas.

Canopy sign. See Awning/canopy signs.

Changeable sign. A sign or portion thereof on which the copy or symbols change either manually, or through mechanical means, changing the placement of letters or symbols on a panel mounted in or on a track system.

Construction sign. A sign advertising the construction or improvement of the property where such sign is located.

Directional/informational sign. A permanent instructional sign located on private property at or near the public right-of-way, directing or guiding vehicular traffic onto the property and/or toward parking or other identified locations on the property.

Drive through restaurant sign. A sign placed so as to be viewed from the drive through lane of a restaurant, where drive through lanes are permitted.

Electronic message sign. A sign emitting an illuminated message, image or design created electronically by any light source, LED (light emitting diodes), bare electric bulbs, luminous tubes, fiber optics, or any other combination of light sources creating a message. This definition shall include time, temperature and date signs. This definition does not include Illuminated Signs as defined herein.

Externally illuminated signs. External lighting fixtures that project light on a sign from above or below.

Flag. Any cloth, paper, fabric, plastic or .similar material, usually rectangular in shape, whether or not the material displays characters, ornamentation or letters, attached to any staff, cord, building or other structure, that hangs loosely, for the primary purpose of attracting attention to its site. A flag shall not be considered a banner.

Footprint. The surface space occupied by a structure or device.

Freestanding sign. Any sign which is permanently affixed in or upon the ground, supported by one (1) or more structural members, with air space between the ground and the sign face.

Ground sign. A sign supported by a pole, uprights, or braces on the ground.

Historical building marker. A historical marker is a plaque or sign erected at historically significant locations, facilities, or buildings.

Illegal sign. Any sign placed without proper approval or permits as required by this code at the time of sign placement. Illegal sign shall also mean any sign placed contrary to the terms or time limits of any permit and any nonconforming sign which has not been brought into compliance with any applicable provisions of this Code.

Illuminated sign. A sign illuminated in any manner by an artificial light source, whether internally or externally lit, including but not limited to neon signs and any sign which has characters, letters, figures, designs or outlines illuminated by artificial lighting. This definition does not include electronic message signs as defined herein.

Manual changeable signage. Manual changeable signage must be a permanent sign and can be included in total main signage calculations. Portable changeable letter signs are not allowed.

Monument sign. A freestanding sign that stands directly on the ground or ground level foundation. A sign which is supported by and integrated with a solid base, as opposed to poles, posts, or other such supports.

Nameplate. A sign including name plates, home-occupation signs, and other signs of a similar nature.

Nonconforming sign. A sign which was validly installed under laws or ordinances in effect at the time of its installation, but which is in conflict with the current provisions of this Code.


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Off-site advertising sign. A sign between eight (8) square feet and sixty-four (64) square feet advertising goods, services, ideas or events which are not provided or sold at the same location as the sign.

Parasite sign. Any sign not exempted by this chapter, for which no permit has been issued, and which is attached to another sign.

Pennant. A long flag; often tapering.

Pole sign. A sign which is directly supported by poles or posts implanted in the ground.

Political sign. A sign supporting a candidate for public political office or an issue under consideration in an upcoming election.

Portable sign. A sign which is not permanently secured or fastened on a site, which is totally constructed off-site, and which is designed for convenient removal.

Projecting sign. A sign which is supported by an exterior wall of a building or other structure and which is constructed and displayed perpendicular to the face of the building or other structure so that both sides of the sign are visible.

Property identification sign. A sign in which the principal function is to display the name of the property or shopping center.

Real estate sign. A sign advertising the sale or rental of property, premises, or parts of premises.

Residential development identification signs. A sign within an allowable zoning district identifying multi-family residential developments or neighborhoods.

Roof line. The edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette; but excluding any mansards, cupolas, pylons, chimneys or any minor projections.

Roof sign. A sign attached to the building, located on or projecting above the roof line of a building.

Sandwich "A" frame signs. A type of sign composed of two boards holding a message or graphic. The sign is typically in a triangle shape, hinged along the top.

Setbacks. The distances established in the sign ordinance measured from the property lines to the footprint of the sign.

Snipe signs. A sign attached to a structure not designed as a sign support, such as a fence, utility pole, building, etc.

Sign. A letter, word, numeral, design, symbol, trademark, illuminating device, or associations thereof intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever whether painted, printed, or constructed, and which is displayed out of doors, or is visible from the exterior of real property. For the purpose of this article, a double-faced sign is considered one (1) sign.

Streamer. A long narrow flag, banner, or pennant.

Supplemental off-site advertisement sign. A sign advertising goods, services, ideas or events which are not provided or sold at the same location as the sign and does not meet criteria of a billboard (i.e. less than sixty-four (64) square feet, bottom closer than four (4) foot above grade, etc.).

Surface area. The rectangular, trapezoidal, triangular, circular, or semicircular area of a sign which fully encompasses all extremities of the sign, exclusive of supports, uprights, braces, and frame. For the purpose of determining the surface area of a sign placed directly on a wall, only that part of the wall which is integral to the sign shall be computed as surface area.

Temporary sign. A sign that is used in connection with a circumstance, situation, or event that is designed, intended, or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, or is intended to remain on the location where it is erected or placed for a period of not more than thirty (30) days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.


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Vehicle mounted or trailer-mounted signs. Signs mounted on vehicles or trailers. Signs mounted on vehicles or trailers are allowed on vehicles, without sign permits, only when the copy or message relates only to the business or establishment of which the vehicle itself is a part; pertains to the sale, rent, lease or hiring of such vehicle; or is a noncommercial message. Vehicles or trailers displaying signs may not be parked in such a manner that they function primarily as commercial advertising devices. Vehicles or trailers may not be used as mounting or holding devices for commercial signs. This provision shall not apply to public transportation vehicles.

Traffic sign. A directional sign which aids or regulates the movement of traffic pursuant to the law by the city, State of Florida, or the United States of America, or any duly authorized official, department, or bureau thereof.

Under canopy/awning sign. A sign placed in front of each occupancy perpendicular to the building face under the canopy or covered walkway, with a rigid mounting.

Vehicle sign. A sign that is affixed to, or flush against an operational registered vehicle.

Wall sign. A sign that is affixed directly to, painted onto, or otherwise inscribed on an exterior wall, fence or awning and confined within the limits thereof and which projects from that surface less than ten (10) inches.

Warning sign. A sign containing no advertising material but which warns the public of the existence of danger.

Window sign. A sign posted, painted, placed or affixed in or on a window exposed to public view.

(Ord. No. 10-0-16, § 1, 11-8-2010; Ord. No. 15-O-10, § 1, 10-12-2015)

12.00.03. - Exempt signs. Allowed signage, exempt from permitting requirements.

1. Maximum Size Limit: 2. Maximum Number:

3. General Requirements:

A. Address a. Residential: 2 square feet

b. Commercial: 8 square Feet a. 1 per site

a. Address signs are calculated separately for commercial sites

when calculating maximum square footage of signage.

B. Commemorative Religious Signs

a. None a. None

a. Signs which commemorate religious holidays may be

displayed during a period of time beginning forty-five (45) days before and terminating

fifteen (15) days after the holiday without a permit.

C. Garage/Yard Sale Signs

a. 3 square feet a. 1 per site

a. Garage/yard sale signs may be displayed on-site for a single

time period not longer than four (4) days in any one-

hundred twenty day period, signage to be placed on private

property.

D. Governmental, Official and other

Public Sign a. N/A a. N/A

a. Only authorized by and under such conditions as prescribed


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by the city council or city manager.

E. Historical Marker(s)

a. 16 square feet a. 1 a. Historic Markers are used to

mark historic sites and buildings.

F. Machinery Signs a. N/A a. N/A

a. Machinery Signs are those normally affixed to newspaper machines, gas pumps, vending

machines and public telephones.

G. Memorial Signs a. 6 square feet a. N/A a. Memorial signs are typically tablets, names of buildings and

date of erection.

H. Name Plate/Occupant

Signs a. 2 square feet a. 1

a. Typically associated with Home Occupation Business.

I. Political Signs

a. Residential zoning districts - 6 square feet

b. Commercial and Industrial - 32 square

feet

a. 1 per candidate

a. Can be placed a maximum of sixty (60) days prior to an

election.

b. Must be removed within seven (7) days following the

election or referendum.

c. Cannot be placed in public rights-of-way.

J. Real Estate Signs

a. Single-family residential - 5 square feet

Multi-Family: The total multi-family complex, in its aggregate, is allowed one 16

square foot sign per road and water frontage. Further signage may be placed on

the inside of the window of individual units. Condo associations with association rules which exceed the restrictions in this

ordinance have the right to apply their own rules.

b. Commercial: <1 Acre - 16 square feet

c. Commercial: >1 Acre - 32 square feet

a. 1 per waterfront and street frontage

a. Signs must be removed within two (2) weeks either

after a sale has been consummated or the listing has

terminated. b. For purposes of this section

of the ordinance, water frontage shall be considered a

street frontage. c. Where multiple signs are permitted, no sign shall be

closer than 100' to another sign on the same property.

1. Maximum

Size Limit:

2. Maximum Number:

3. General Requirements:


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K. Sidewalk Sandwich/"A" Frame Signs

a. 9 square feet per side

(including frame)

a. 1 per business

a. Where a business has a setback from the public rights-of-way, such sign may be placed upon the interior sidewalk

closest to the business entry point of the business. Where no sidewalk exists, such placement may occur in front of the

business but must remain outside of required parking, drive aisles, and buffers.

b. Design materials shall be of wood, aluminum, heavy gauge plastic or metal and may include a chalkboard, but it shall be

sturdy enough to withstand reasonable wind loading conditions without blowing over.

c. Signs shall be removed from the sidewalk when the business is closed.

d. Sign cannot be located within public rights-of-way.

L. Recognition Signs a. 2 square

feet a. 1

a. Sign may be placed upon the approval of the City Council to cite individuals for extraordinary public donations or service.

M. Flags (See note for "M" following

this table)

N. Vehicle Mounted or

Trailer-Mounted Signs

a. N/A a. N/A

a. Vehicles displaying signs may not be parked in such a manner that they function primarily as commercial

advertising devices. Vehicles may not be used as mounting or holding devices for commercial signs. This provision shall not

apply to public transportation vehicles.

O. Warning Signs (No Soliciting, No

Trespassing, Beware of Dog,

etc.)

a. 3 square feet

a. N/A a. N/A

M. Flags.

1. Definitions.

A. The term "flag" as used in this section shall mean a piece of fabric or other flexible material solely containing distinctive colors, patterns, standards, words, or emblems used as a symbol of an organization or entity, including but not limited to political jurisdictions.

B. Flags which may be considered as emblems or symbols of political jurisdictions include, but are necessarily limited to, the United States Stars and Stripes, United States Armed Services Flags, the POW/MIA Flag, and the State of Florida Flag.

C. Flags displaying a logo, message, statement, or expression relating to commercial interests, and banners not otherwise meeting the definition of a flag, shall be considered signs and shall be required to conform with all sign standards of the Land Development Code. Flags or banners mounted directly on a building or wall shall expressly be considered signs and shall be subject to all sign standards.

D. The term "flag pole" shall refer to a vertical pole secured in the ground.

E. The term "mast arm flag staff" shall refer to a pole affixed to and extending at an angle from a building.


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2. Requirements.

A. Flags shall be displayed only on flag poles or mast arm flag staffs.

B. Restrictions applicable to the number of flags, flag poles, mast arm flag staffs, flag pole length, and flag dimensions shall be defined as follows:

1) In nonresidential zoning districts, vertical flag poles shall not exceed a maximum height of fifty (50) feet.

2) In residential districts, flag poles shall not exceed twenty-five (25) feet in height unless a special use permit is granted by the City Council; no fee shall be required to apply for a special use permit for this purpose.

3) All flag poles must be properly permitted by the City.

4) Mast arm flag staffs shall not exceed twelve (12) feet in length.

5) Flag poles and mast arm flag staffs shall not be placed on the tops of buildings.

6) Flag poles, mast arm flag staffs, and flags themselves may not be displayed in such a manner as to create a visual impairment to the signage of adjacent buildings, a distraction or obstruction to visibility for vehicular traffic, or a potential hazard to pedestrians.

7) Flags shall be displayed either on vertical flag poles or mast arm flag staffs.

8) Each property owner shall be allowed a maximum of three (3) flagpoles or eight (8) mast arm flag staffs without requiring a special use permit. The process for requesting a special use permit is set forth in Section 3 below.

9) A maximum of three (3) flags may be displayed per flag pole.

10) A maximum of one (1) flag shall be displayed per mast arm flag staff.

11) A maximum of eight (8) flags may be displayed on residential or nonresidential property without requiring a special use permit.

12) Flags, flag poles and mast arm flag staffs shall be maintained in good repair and appearance.

13) On National or State of Florida holidays established by the United States government or the State of Florida, there shall be no limit on the number of political jurisdiction flags which can be displayed on residential or commercial property.

14) The maximum dimensions of any flag shall be proportional to the flag pole height or length of the mast arm flag staff, as set forth below:

Pole Height (feet) Maximum Flag Size

Home Display Public Display

20 3' x 5' 4' x 6'

25 4' x 6' 5' x 8'

30 to 35 6' x 10'

40 to 45 8' x 12'

50 10' x 15'

Mast Arm Staff Length (feet) Maximum Flag Size

up to 8 3' x 5'

up to 12 4' x 6'


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3. Special Use Permit Process.

A. Special use permits may be sought by submitting a written application to the city council of Crystal River, Florida. There shall be no charge for applying for a special use permit.

B. City council shall utilize the following criteria in deciding to approve, reject, or modify the application for a special use permit:

1) The degree to which the requested action requested will create visual impairment related to adjacent buildings, a distraction or obstruction to the visibility of vehicular traffic, or a potential hazard to pedestrians.

2) The compatibility of the requested action with the overall aesthetics of the adjacent buildings and properties.

(Ord. No. 10-0-16, § 1, 11-8-2010; Ord. No. 11-0-14, § 3, 9-26-2011)

12.00.04. - Temporary signs. Temporary signs require a permit.

1. Maximum Size

Limit: 2. Maximum Number: 3. General Requirements:

A. Balloons a. 24" in diameter a. 25 per site a. Must be <10' above grade.

B. Banners a. 30 square feet a. 1 per site a. Total 30 days, 4 x year (may be

consecutive)

C. Construction Sign

a. Residential: 5 square feet

b. Commercial: <1 Acre - 16

square feet c. Commercial: >1 Acre - 32

square feet

a. 1 per street frontage

a. Sign must be removed prior to the issuance of a Certificate of Occupancy.

b. Allowed only in conjunction with approved building permits.

[D] Pennant/Streamers

a. 24" long a. Total footage

allowed is 200 feet. a. Must be maintained in good condition

(Ord. No. 10-0-16, § 1, 11-8-2010)

12.00.05. - Sign permitting. 1. Except as provided in section 12.00.03 it shall be unlawful for any person to erect, repair over fifty (50)

percent of value, alter, or relocate within the city any sign or other advertising structure as defined in this article, without first obtaining a permit from the City of Crystal River and making payment of the fee required. All illuminated signs shall, in addition, be subject to the provisions of the Florida Building Code.

Signs or sign structures previously erected without a valid permit shall be in violation of this article and shall be deemed illegal signs. It shall be mandatory to obtain a permit for an illegal sign if allowable, or to immediately remove such sign or sign structure upon notice that the sign or sign structure is illegal. The notice shall contain a time period for removal.


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2. Application.

a. Application for permits can be obtained from the planning and community development department and shall contain or have attached thereto the following information:

i. Name, address and telephone number of the applicant;

ii. Location of building, structure or lot to which, or upon which, the sign or other advertising structure is to be attached or erected. If freestanding monument or ground signs, a site plan indicating the footprint of the sign within the boundaries of the property along with dimensions;

iii. Position of the sign or other advertising structure in relation to nearby building, structures and property lines;

iv. Two (2) copies of the plans and specifications and method of construction and attachment to the building or in the ground. Plans must include all proposed sign colors.

v. Documents showing that the structure is designed for dead load and wind load in any direction in an amount consistent with the requirements contained in the Florida Building Code and as required by this and all other laws and ordinances of the city. The seal of a Florida registered engineer or architect shall be affixed to drawings of signs or sign structures which have an area exceeding thirty-two (32) square feet and/or exceeding ten (10) feet overall in height, certifying that such signs are designed to meet the required loading. Signs less than thirty-two (32) square feet and less than ten (10) feet in overall height may be required to have a Florida registered engineer or architects seal when required by the building official.

vi. Name of person, firm, corporation or association erecting the sign structure.

vii. Written consent of the owner of the building, structure or land to which or on which the structure is erected;

viii. The type of sign or sign structure as defined by this article;

ix. The estimated value of the sign and/or sign structure;

x. All electrical details required to determine code compliance for the sign;

xi. All such other information as the building official shall require demonstrating compliance with this ordinance.

3. Permit issuance.

a. The building official shall examine plans and specifications and other data as it pertains to sign structures thirty-two (32) square feet (SF) and above in size, and a site plan will be submitted for zoning approval by the department. If it appears that the structure is in compliance with all the requirements of this article and all other laws and ordinances of the city, the department shall issue a sign permit. All permits are subject to the requirements contained in the latest adopted Florida Building Code.

4. Permit fee.

a. Every applicant, before being granted a permit hereunder, shall pay a fee to the building department prior to permit review or issuance.

b. Any sign erected or in the process of being erected without a permit is subject to a total permit fee of three (3) times the normal permit fee.

[5.] Annual inspection.

a. The city may inspect at any time each sign or other advertising structure regulated by this article for the purposes of ascertaining whether the same is unsafe, in need of repair or maintenance, not in conformance with the permit application or otherwise in violation of the provisions of this article.


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[6.] Revocation of permit.

a. The building official is authorized and empowered to revoke any permit issued if there has been a violation of the provisions of this article or a misrepresentation of fact on the building permit application and specified in the latest adopted Florida Building Code. The city manager, or designee, is authorized and empowered to revoke any permit issued if there has been a violation of the provisions of this article or a misrepresentation of fact on the zoning permit application and specified in the Land Development Code.

[7.] Unsafe signs.

a. If is it determined that any sign or other advertising structure regulated herein is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this ordinance, the city manager, or designee, shall give written notice to the owner thereof. If the owner fails to remove or alter the structure so as to comply with the standards herein set forth within the time prescribed in the notice, such sign or other advertising structure may be removed or altered to comply by the city at the expense of the permittee or owner of the property upon which it is located. The city will not issue a permit to any permittee or owner who refuses to pay costs so assessed. The city manager or designee may cause any sign or other advertising structure which presents an immediate peril to persons or property to be removed without notice.

[8.] Maintenance.

a. The owner of any sign as defined and regulated by this article shall be required to properly maintain said sign. For a sign to be properly maintained, the sign, together with its framework, braces, angles or other supports shall be in a safe condition, properly secured, supported and braced and shall be able to withstand weather conditions and loads required by the regulatory codes in effect within the municipal limits. Maintenance shall include painting and parts replacement.

[9.] Licensing, competency of contractors.

a. A person shall not engage in the business of erecting, painting, wiring or maintaining signs within the city without first having procured a business license for such business from the City of Crystal River. The following qualifications shall govern the categories of sign work:

i. Sign contractor, electrical. Those who are qualified and licensed to install, repair, alter, add to or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs and who are also qualified to erect signs. Such contractor may connect to any existing sign circuit and may contract and secure permits for the erection of electrical signs or sign structures.

ii. Sign contractor, nonelectrical. Those who are qualified and licensed to install, repair, add to, paint or change nonelectrical signs, according to the Florida Building Code and who may secure permits for the erection of electrical signs or sign structures (but must sublet the electrical work unless an electrical contractor is associated with the firm).

iii. Owners, lessees. Notwithstanding either of the above classifications, nothing herein contained in this section shall be construed to prevent an owner or lessee of property from constructing and erecting a non-illuminating sign or sign structure, not to exceed thirty-two (32) square feet in area and/or six (6) feet in height, on said property if otherwise allowed under the provisions of this chapter. Such work shall be erected in a professional manner and shall comply with all other sections of this article.

[10.] Wind pressure and dead load requirements.

a. All signs and other advertising structures shall be designed and constructed to withstand wind and dead loads as required by the Florida Building Code or other ordinances of the city.

[11.] Photograph.


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a. When the sign has been completed, the applicant shall photograph the completed sign and forward the photograph to the department of planning and community development.

[12.] Registration of sign.

a. All signs must be registered with the City of Crystal River. Signs that are certified as nonconforming and are registered under this ordinance may continue to be displayed, replaced or altered to conform to this ordinance. All signs erected after the effective date of this ordinance must comply with it. Appropriate notice will be provided to all existing sign owners upon the adoption of this ordinance.

(Ord. No. 10-0-16, § 1, 11-8-2010)

12.00.06. - Determining sign area and dimensions. 1. Determination of gross sign area.

a. The area of a sign shall include all lettering, wording and accompanying designs and symbols together with the background whether open or enclosed, on which they are displayed including any supporting framework and bracing which are incidental to the display.

b. Where the sign consists of individual letters or symbols attached to or painted on a surface, building wall or window, the area shall be considered to be that of the single smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols, including the sign background and frame.

c. "A" Frame/Sandwich/Sidewalk signs are allowed to be a total of nine (9) square feet, including the frame.

2. Double-faced signs.

a. The two (2) sign faces shall not be more than a total of three (3) feet distant at any two (2) closest points.

b. The two (2) faces shall be either parallel or at not more than a thirty (30) degree angle to one another.

c. Each sign face shall be of identical surface area and configuration, but shall not be required to convey the identical message.

d. Signs shall, for the purposes of determining permit fees, be computed on square footage of total display area.

3. Determination of sign height.

a. The height of all signs shall be determined by measuring from the finished grade to the highest point of the sign.

(Ord. No. 10-0-16, § 1, 11-8-2010)

12.00.07. - Sign variances. 1. If a sign permit is denied by the planning and community development department, a request for

variance may be filed with the planning commission. The planning commission may grant a variance if it finds that the unusual shape or topography of the property in question prevents signage allowable under the provisions of this ordinance from adequately identifying the business or other activity located on such property. The planning commission may only grant a variance to:

a. Allow a setback less than that required under the article, but not as to interfere with vehicular or pedestrian safety.

b. Allow the area and/or height of a sign to be increased by up to twenty-five (25) percent of the maximum allowable height or area; or


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c. Allow the number of signs to be increased over the maximum allowed by this Code.

(Ord. No. 10-0-16, § 1, 11-8-2010)

12.00.08. - Prohibitions. 1. The following signs and related equipment are prohibited in all districts:

a. Any sign and/or sign structure which does not meet all the criteria set forth in this article.

b. Animated/fluttering signs, flags (not including flags of the United States) and pole mounted banners.

c. Outside pennants, banners, balloons, flags or streamers, except as otherwise specifically allowed in this chapter.

d. Bus bench signs.

e. Flashing signs, not to include time/temperature/date signs. (Note: no advertising is allowed).

f. Roof top signs, including signs attached to mansard roofs.

g. Rotating signs.

h. Portable Signs; except signs placed on public or private land for declared public or noncommercial civic, religious municipal, county, state or national celebrations or events as authorized by and under such conditions as prescribed by the city council or city manager to include temporary portable signs.

i. Signs which use the words DANGER, STOP or LOOK or any other words, phrases, graphics or characters in a manner as to interfere, confuse or mislead traffic.

j. Snipe signs or signs attached to or painted on fire escapes, television antennas, satellite dishes, utility poles or any other associated structure.

k. Signs which emit odors, sounds, smoke, vapor or other visible matter.

l. Signs or sign structures supported by visible guy wires, cables or where there is visible electrical conduit.

m. Unauthorized signs on property owned by or under control of the City of Crystal River.

n. Banners over any street, sidewalk, within a city park or playground without a permit being issued.

o. Electrical signs of a commercial nature in residential zoning districts, except that in a development where models are being demonstrated, an illuminated sign, meeting the other requirements of this article, may be used provided no illumination is shown between the hours of 9:00 p.m. and 7:00 a.m. the following day.

p. Billboards. (New)

q. Nongeometric signs shaped to depict figures or demonstrative shapes used to attract attention to the business activity with which the sign is associated.

r. Supplemental off-site advertisement signs shall be prohibited. Existing permittable signs shall be allowed to remain until the advertised business changes owners, closes, moves, etc.

(Ord. No. 10-0-16, § 1, 11-8-2010)

12.00.09. - Abandoned signs. 1. Except as otherwise provided in this chapter, any sign that is located on property which becomes

vacant and unoccupied, pertains to a business which does not maintain a current and valid city occupational license or pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Abandoned signs shall be removed within twenty (20) continuous days of


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being abandoned, or all copy shall be removed with a blank sign face; or shall be appropriately be covered shielded in a professional manner, no sign face shall be allowed to be open or otherwise incomplete so as to appear abandoned or in disrepair.

(Ord. No. 10-0-16, § 1, 11-8-2010)

12.00.10. - Nonconforming signs. 1. All permitted nonconforming signs shall be grandfathered and considered to be in compliance with this

Code.

2. Subject to the limitations imposed by this ordinance, a nonconforming sign may be continued and shall be maintained in good condition as required by this ordinance. However, a nonconforming sign shall not be:

a. Structurally changed, but its pictorial content may be changed.

b. Structurally altered to prolong the life of a sign except to meet safety requirements.

c. Altered in any manner that increases the degree of nonconformity.

d. Expanded.

e. Continued in use after cessation or change of the business or activity to which the sign pertains.

f. Reestablished after damage from natural causes if the estimated cost of reconstruction exceeds fifty (50) percent of replacement cost. A nonconforming sign damaged or destroyed by an unintentional or intentional third party (nonowner) acts or omissions shall be allowed to be reconstructed regardless of the percentage of damage provided the nonconforming use is not expanded.

g. Continued in use when a conforming sign or structure is permitted and erected on the same lot of record.

h. Continued in use when any land use to which the sign pertains has ceased for a period of thirty (30) consecutive days.

i. Nonconforming signs are allowed when the existing use has new ownership which results in a change in the name or logo, and any permitted alteration, modification or reconstruction. Modifications shall be limited to the replacement of a sign panel, replacing individual letters and logos within the same area or repainting a sign face. This does not permit changes to the structure, framing, erection or relocation of the sign unless such changes would bring such sign into conformity with these regulations.

3. Blank nonconforming signs. When a sign face remains blank, which is defined as void of advertising matter, for six (6) months or longer, the entire sign structure shall lose its nonconforming status and shall be treated as an abandoned sign. Signs displaying an "available for lease" or similar message or partially obliterated faces that do not identify a particular product, service, or facility shall be deemed blank.

(Ord. No. 10-0-16, § 1, 11-8-2010)

12.00.11. - Illegal signs. 1. Illegal signs. The following signs shall be considered to be illegal:

a. A sign placed after the effective date of this ordinance which is inconsistent with the terms contained herein.

b. A sign placed prior to the effective date of this ordinance which required the issuance of a permit according to the regulations applicable at the time, but which permit was never procured.


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c. A sign placed prior to the effective date of this ordinance which did not require the issuance of a permit according to the regulations applicable at the time, but which sign was placed inconsistent with the terms governing location, height, surface area or other regulatory measure applicable at the time.

d. A sign damaged or destroyed in excess of fifty (50) percent of its replacement cost and which is not removed consistent with the terms of these sign regulations.

e. A sign which is abandoned.

f. A temporary or portable sign which was placed in accordance with these regulations but for which the permit has expired.

g. Any sign located in a public right-of-way without permission from the City of Crystal River.

h. Any sign depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas as those activities and areas as defined in the Crystal River Adult Entertainment Licensing Ordinance.

2. Determination by city manager or designee. Upon determination by the city manager or designee, that a certain sign is illegal, the city manager or designee will act to remedy the violation, which may include any of the following procedures as applicable to the circumstances:

a. Those persons or entities, including the property owner, lessor, lessee or occupant of the property, who may violate any portion of this chapter, shall first be notified by certified mail citing the time, place, date and nature of the particular violation(s), and a date certain when the violation(s) is (are) to be brought into compliance.

b. Those persons or entities, including the property owner, lessor, lessee or occupant of the property receiving said notice, shall be afforded the right to appeal the determination of the city manger, or the city manager's designee, that the sign(s) in question is (are) illegal signs.

c. Unless appealed to the city's hearing officer within the time provided in the notice of violation, or as otherwise provided in this chapter, violations existing beyond the above referenced date certain shall be deemed a civil infraction and shall be punished by a fine not to exceed fifty dollars ($50.00) each day any violation of any provision of this chapter shall continue a separate offense.

d. Unless appealed to the city's hearing officer within the time provided in the notice of violation, or as otherwise provided in this chapter, the city shall have the right to remove and impound any sign that remains in noncompliance beyond thirty (30) days after the initial notice of violation is issued.

e. Signs determined by the city manager or the city manager's designee, to be dangerous signs, (signs found to be structurally unsound, insecurely attached or otherwise posing hazards to the immediate health, safety and general welfare of the public), are subject to immediate removal and impoundment by the city. The violator, upon being notified by certified mail of the existence of a dangerous sign on their property, shall be responsible for correcting the violation immediately, or the city is authorized to compel the structure to be removed at the expense of the property owner, lessor, lessee or occupant of the property, jointly and severally.

f. The city manager or the city manager's designee may cause the removal and impoundment of any sign or illegal sign located on public property, including any such sign located within a public right-of-way.

g. Signs impounded under this section for a period of thirty (30) days, if unclaimed, shall be disposed of as abandoned property in accordance with public law. The city shall charge the property owner, lessor, lessee or occupant of the property, who shall be jointly and severally responsible for said charges, for the cost of such removal, storage and disposal, which amount may be reduced to a lien on the property as allowed by law.

h. For purposes of this section, the term city manger's designee may include the city's planning director, or any duly designated code enforcement officer.


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3. Appeals.

a. Any individual, owner or entity who wishes to appeal a notice of violation of the city's sign ordinance as determined by the city manager or designee, shall, within fifteen (15) days of receiving such citation, file a written notice of appeal with the city clerk. A separate notice of appeal shall be filed for each violation being appealed, on a form approved by the city.

b. Each notice of appeal shall be accompanied by a filing fee of eighty dollars ($80.00) for each violation being appealed, payable to the city clerk.

c. An appeal shall not be considered timely filed until such time as a written notice of appeal is filed, and a filing fee has been paid to the city clerk, for each violation being appealed.

d. The filing fee contemplated under this section shall be returned to the appellant in the event the appellant's violation is overturned by the hearing officer.

e. Once an appeal is received by the city clerk, the city manager, or the city manager's designee, shall schedule a hearing before a hearing officer within thirty (30) days of the filing of the notice of appeal as detailed herein, and shall notice the appellant of such hearing via certified mail.

f. The hearing procedure, as well as the roles and responsibilities of the hearing officer shall be consistent with the provisions contained in chapter 2, article VI, section 2-114 of the City of Crystal River Code of Ordinances, and Chapter 162, Florida Statutes.

g. A determination by the city manager or the city manager's designee, that a sign is structurally unsound, insecurely attached or otherwise posing hazards to the immediate safety and general welfare of the public, and thus must be removed, must be appealed within five (5) days of said Notice being issued by the city manager or the city manager's designee. Hearings on said appeals will be scheduled within sever (7) days of an appeal being filed.

h. For purposes of this section, any appeal of a citation of violation issued by the city manager or designee, shall be heard by a hearing officer, notwithstanding anything contained within section 8.02.03 of the city's Land Development Code to the contrary. Specifically, the city planning commission shall not have original jurisdiction to address direct appeals of any notice of violation issued pursuant to this chapter; such original jurisdiction shall be vested with a hearing officer as specifically established pursuant to chapter 2, article VI, section 2-114. However, the city planning commission shall have all of the regular and ordinary duties afforded to it pursuant to section 8.02.03 of the city's Land Development Code.

i. If the special master determines by a preponderance of the credible evidence that a violation of the city's sign ordinance existed or occurred, the hearing officer shall have the authority to issue an order directing whatever action is necessary to bring the violation into compliance by a date certain. Violations existing beyond the above referenced date certain shall be deemed a civil infraction and shall be punished by a fine not to exceed fifty dollars ($50.00). Each day such violation shall constitute a separate offense.

j. The city shall have the right to remove and impound any sign that remains in noncompliance with the hearing officer's determination after thirty (30) days have elapsed from the time the notification of said determination is mailed to the appellant.

k. Signs impounded under this section for a period of thirty (30) days, if unclaimed, shall be disposed of as abandoned property in accordance with public law. The city shall charge the property owner, lessor, lessee or occupant of the property, who shall be jointly and severally responsible for said charges for the cost of such removal, storage and disposal, which amount may be reduced to a lien on the property as allowed by law.

(Ord. No. 10-0-16, § 1, 11-8-2010)

12.00.12. - Special conditions.


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1. Traffic hazards. No sign or other advertising structure regulated by this article shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device.

2. Aesthetics. The aesthetic quality of a building or an entire neighborhood is materially affected by achieving visual harmony of the signs on or about a structure as it relates to the architecture of the building or the adjacent surroundings. In addition to the mechanical limitations on signs imposed by this section, there are certain aesthetic considerations which must be met and are therefore subject to review by the planning commission, for any permittable sign over thirty-two (32) square feet:

a. The scale of the sign must be consistent with the scale of the building on which it is to be placed or painted and the neighborhood in which it is located. However, in no case shall it exceed the size provided for in other sections of this article.

b. The overall effect of the configuration or coloring of the sign shall be consistent with the community standards. The configuration and colors shall be complementary with other signs already on the building and on adjacent properties.

c. Landscaping. All freestanding signs shall be landscaped in an attractive manner, appropriate to the specific location, with a minimum dimension of the landscaped area not less than two (2) feet. Landscaping shall be protected from vehicular encroachment.

3. Themed signage. A business can increase customer enjoyment through the appreciation of a themed atmosphere. Additional signage can be worked into the landscaping or become part of a visual display.

In an effort to allow flexibility to the community for additional signage, the planning commission may make certain concessions to those businesses that submit a custom architectural and themed signage plan for approval.

4. Interpretation. Where a question arises regarding the interpretation of this article, the most restrictive interpretation shall prevail. Interpretations of this article shall be made by the city manager, or designee.

(Ord. No. 10-0-16, § 1, 11-8-2010)

12.00.13. - Permitted signage in land use districts. 1. Commercial zoning districts.

a. Signs allowed in commercial nonresidential districts not otherwise excluded (General Commercial [CG]; High Intensity Commercial [CH] and Commercial Waterfront [CW]). (Does not include Shopping Centers, Malls and Commercial Centers which you will find later on in this Ordinance)

b. Building directory sign. In addition to the wall signs otherwise permitted by these regulations one additional sign may be permitted for the purpose of identifying first floor tenants that do not have outside building frontage or upper floor tenants. Maximum allowed is twenty-four (24) square feet in area, six foot (6') maximum height.

c. Canopy/awning sign. Awning or canopy signs and displays attached to individual buildings or units shall be allowed in addition to the permitted freestanding signs and displays, subject to the following:

i. The permitted area of awning or canopy signs shall be one (1) square foot for each two (2) linear feet of awning or canopy up to a maximum of sixteen (16) square feet.

ii. No awning or canopy sign shall extend above the top of the awning or canopy.

iii. Multiple logos or insignias on an awning or canopy are prohibited.

d. Directional/informational sign for multi-family or permitted nonresidential structures, not exceeding four (4) square feet in area or five (5) feet in total height may be allowed at points of ingress and


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egress located on private property at or near the public right-of-way, directing or guiding vehicular traffic onto the property and/or toward parking or other identified locations on the property.

1) A directional sign shall not be installed, constructed, or erected prior to the issuance of a sign permit.

2) One (1) on-premise entrance, exit and directional sign shall be allowed at each driveway location with a minimum setback of three (3) feet from the property line.

3) Such signs shall not exceed five (5) feet in height from finished grade and four (4) square feet in sign area.

e. Freestanding monument/ground sign. One (1) freestanding monument/Ground sign may be permitted for each major structure per street frontage in accordance with the following:

Business identification signs (intended for single businesses)—Maximum surface area allowed is eighty (80) square feet (includes frame) if located along an arterial roadway, sixty-four (64) square feet (including frame) if located along a collector roadway. Multiple tenants may not be advertised on a single business identification sign. Property identification signs (intended for multi-tenant buildings). When located along arterial roadways, the maximum surface area shall be eighty (80) square feet (including frame); when located along a collector roadway, the maximum surface area may be sixty-four (64) square feet (including frame). An additional sixteen (16) square feet of surface area per business with valid business tax receipt shall be allowed. An additional eight (8) square feet may be approved for addressing purposes only. i. Signs must be set back five (5) feet from right-of-way lines and may not encroach on the

property of another.

ii. The maximum height for property identification monument/ground signs shall not exceed sixteen (16) feet above grade (including signage allowed for additional businesses).

iii. Signs shall not obstruct the view of vehicular traffic or be a public safety or traffic hazard.

f. In addition to the other signs in this section, one (1) on-premises drive through restaurant sign shall be permitted in those commercial districts of the city where drive through restaurants are permitted. Said sign shall be an exterior single-face sign with illustrated face not to exceed forty (40) square feet, with the top of the sign not to exceed five (5) feet above ground level at the base of the sign. Sign shall be located adjacent to the drive through lane.

g. Personal/nameplate. Nonilluminated identification signs shall be permitted on the rear door of all business establishments provided such signs are limited to three (3) square feet in area.

h. Real Estate Sign. One (1) real estate sign advertising "For Sale/Rent/Lease," may be placed on the premises and shall not exceed sixteen (16) square feet in acre); nor six (6) feet in height. One (1) such sign is permitted for each street frontage.

i. Under canopy sign. Where a covered walkway is present, each store shall be permitted one (1) under canopy sign not to exceed three (3) square feet in area. This sign shall be placed in front of each occupancy perpendicular to the building face under the covered walkway.

j. Wall sign. One (1) flat wall sign(s) which advertises the use of the premises: The maximum area for this signage shall be fifteen (15) percent of the building frontage, not to exceed eighty (80) square feet.

k. Window signs. Signs of a permanent and nonpermanent nature designed to advertise a special event, sale, product or service may be placed on the interior of any first floor window provided the surface area of all such signs does not exceed twenty-five (25) percent of the area of the window in which the signs are displayed.

2. Shopping center.

a. All signs to be entirely on subject property. All signs to be permitted and regulated through the owner of the shopping center, not individual business owners.


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b. Sidewalk (sandwich "A" frame). This sign is exempt from permitting provided it meets the following criteria:

i. Total area of sign, including frame, not to exceed nine (9) square feet per side.

ii. Maximum distance from front entrance is ten (10) feet.

iii. Must not unreasonably impede pedestrian traffic.

c. Building directory sign. In addition to the wall signs otherwise permitted by these regulations one additional wall sign may be permitted for the purpose of identifying tenants that do not have outside building frontage or upper floor tenants. Maximum allowed is twenty-four (24) square feet in area, six foot (6') maximum height.

d. Canopy/awning sign. Awning or canopy signs and displays attached to individual buildings or units shall be allowed in addition to the permitted freestanding signs and displays, subject to the following:




e. Changeable signage. Only permanently fixed changeable signs. Size will be included as part of the allowed freestanding signage.

f. Directional/informational signs. Directional signs are allowed not exceeding four (4) square feet in area, or five (5) feet in height with a limit of four (4) signs per lot, located at points of parking lot ingress and egress.

g. Freestanding monument/ground sign. One (1) freestanding monument/ground sign may be permitted for each major structure per street frontage in accordance with the following:

Property identification signs: When located along arterial streets, the maximum surface area shall be eighty (80) square feet. An additional sixteen (16) square feet of surface area, (including frame) per business with valid business tax receipt shall be allowed per sign face. An additional eight (8) square feet may be approved for addressing purposes only. One (1) monument sign will be allowed per 200 linear feet of frontage. Total surface area of said signage shall not exceed 240 square feet per sign. i. Signs must be set back five (5) feet from right-of-way lines and may not encroach on the


ii. The maximum height for property identification monument/ground signs shall not exceed sixteen (16) feet above grade.


h. Real estate sign. One (1) real estate sign advertising "For Sale/Rent/Lease" may area, or six (6) feet in height. One (1) such sign is permitted for each street frontage.

i. Under canopy sign. Where a covered walkway is present, each store shall be permitted one (1) under canopy sign not to exceed three (3) square feet in area. This sign shall be placed in front of each occupancy perpendicular to the building face under the covered walkway.

j. Wall sign. One (1) or more flat wall sign(s) which advertises the use of the premises will be allowed. The maximum area for this signage shall be fifteen (15) percent of the building frontage, not to exceed eighty (80) square feet.

3. Malls.

a. All signs to be on subject property.


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b. Directional/informational signs not exceeding three (3) square feet in area, or five (5) feet in height with a limit of four (4) signs per lot, located at points of parking lot ingress and egress.

c. Building directory sign. In addition to the wall signs otherwise permitted by these regulations an additional wall sign may be permitted for the purpose of identifying tenants that do not have outside building frontage or upper floor tenants. Maximum allowed is twenty-four (24) square feet in area, six foot (6') maximum height.

d. Canopy/awning sign. Awning or canopy signs and displays attached to individual buildings or units shall be allowed in addition to the permitted freestanding signs and displays, subject to the following:




e. Freestanding monument/ground sign. One (1) freestanding monument/ground sign may be permitted for each major structure per street frontage in accordance with the following:

Property identification signs: When located along arterial streets, the maximum surface area shall be eighty (80) square feet. An additional sixteen (16) square feet of surface area (including frame) per business with valid business tax receipt shall be allowed per sign face. An additional eight (8) square feet may be approved for addressing purposes only. One (1) monument sign will be allowed per 200 linear feet of frontage. Total signage not to exceed 240 square feet of surface area per sign. i. Signs must be set back five (5) feet from right-of-way lines and may not encroach on the




[f.] Real estate sign. One (1) real estate sign advertising "For Sale/Rent/Lease" may be placed on the premises and shall not exceed thirty-two (32) square feet in area, or six (6) feet in height. One (1) such sign is permitted for each street frontage.

[g.] Wall sign. Exterior building wall signs, one (1) per exterior wall face of each major department store and other center section stores with exterior customer entrances. These signs must not exceed ten (10) percent of the exterior wall face upon which they are attached. Each entrance from the public right-of-way into the mall will be allowed a three-sided freestanding sign not to exceed thirty-two (32) square feet in area per sign face.

4. Signs allowed in public institutional (PI).

a. All signs to be entirely on subject property.

b. Building directory sign. In addition to the wall signs otherwise permitted by these regulations an additional wall sign may be permitted for the purpose of identifying tenants that do not have outside building frontage or upper floor tenants. Maximum allowed is twenty-four (24) square feet in area, six foot (6') maximum height.

c. Canopy/awning sign. Awning or canopy signs and displays attached to individual buildings or units shall be allowed in addition to the permitted freestanding ground signs and displays, subject to the following:




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d. Directional signs not exceeding three (3) square feet in area, or five (5) feet in height with a limit of four (4) signs per lot, located at points of parking lot ingress and egress.

e. Freestanding monument/ground sign. One (1) freestanding monument/ground sign may be permitted for each major structure per street frontage in accordance with the following:

Property identification signs: When located along arterial streets, the maximum surface area shall be eighty (80) square feet. An additional eight (8) square feet may be approved for addressing purposes only. One (1) monument sign will be allowed per 200 linear feet of frontage

i. Signs must be set back five (5) feet from right-of-way lines and may not

encroach on the property of another.



f. Real estate. One (1) real estate sign advertising "For Sale/Rent/Lease," may be placed on the premises and shall not exceed thirty-two (32) square feet in area, or six (6) feet in height. One (1) such sign is permitted for each street frontage.

g. Under canopy sign. Where a covered walkway is present, each store shall be permitted one (1) under canopy sign not to exceed three (3) square feet in area. This sign shall be placed in front of each occupancy perpendicular to the building face under the covered walkway and shall not be less than ninety (90) inches from the walkway, with a rigid mounting.

h. Wall sign. One (1) or more flat wall sign(s) which advertises the use of the premises. The maximum area for this signage shall be fifteen (15) percent of the building frontage, not to exceed eighty (80) square feet.

5. Electronic message signs. Notwithstanding any other provisions contained within this chapter, Electronic Message Signs shall only be permitted on properties with frontage along U.S. Highway 19 or State Road 44 in Public Institutional (PI) and High Intensity Commercial Zoning Districts (CH) (including individual businesses, shopping centers, malls, and commercial centers), subject to the following:

1) The sign display must remain static for a minimum of seven (7) minutes. The change of display, message or copy must be "instantaneous" with no fading or special effects.

2) Messages must be fully displayed on a single rotation and not continued as sequential interval messages;

3) Animated signs are prohibited;

4) Flashing lights, traveling messages, animation, scrolling or other movement is prohibited.

5) Interactive displays including, but not necessarily limited to, recognition based on electronic key codes, phone calls or texting, facial recognition or automated license plate recognition shall not be permitted.

6) Emission of sound or odor is prohibited.

7) Maximum brightness levels for an Electronic Message Sign display shall not exceed 0.3 foot candles above ambient light levels measured at a distance of two hundred (200) feet perpendicular from the base of the sign.

8) Electronic message sign displays must have automatic brightness control keyed to ambient light levels, to ensure that illumination of the sign display shall be adjusted as ambient light conditions change. Upon request of city, a sign owner shall provide city with acceptable evidence that the


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sign complies with these illumination standards. Such evidence shall consist of testing by an independent third party using a foot candle meter or similar testing device.

9) Electronic message sign displays shall be programmed to go dark if there is a malfunction.

10) Traffic control devices and related governmental signs which are necessary for public health, safety and welfare are exempt from this paragraph.

11) The total surface area of any electronic message sign authorized by this Section shall not exceed forty (40) square feet.

12) Only one (1) electronic message sign shall be permitted per property, regardless of the number of businesses operating on said property.

13) Electronic message signs for identification of individual tenants or businesses in malls, shopping centers or multi-tenant buildings shall not be permitted.

14) Electronic message signs shall not be permitted as wall signs, portable signs, vehicle signs, vehicle mounted or trailer mounted signs, and shall not otherwise be permitted to be affixed to any building.

SIGN CHART:

SIGN TYPE Residential

R-1

Residential Multi-family

R-2

Residential Multi-family

R-3

Residential Conservation

R-C

Residential Waterfront

R-W

Planned Unit

Development PUD

Building Directory P P

Canopy/Awning (1 SF/2 LF - 16 SF Max)

P P

Directional/Informational (4 SF, 5 Ft High)

P P P

Externally Illuminated Sign P P P

Freestanding

Ground or Monument:

* Residential Development

Identification Signs

32 SF max, 6' high from

grade


grade


grade


grade


grade


grade

Pole

Internally Illuminated Sign

Real Estate Sign P P P P P P

Under Canopy Sign (3 SF) P P

Window (up to 25% total coverage)

Wall - 15% total wall surface not to exceed 64

SF P P P


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SIGN TYPE Neighborhood

Residential NBR

General Commercial

GC

High Intensity Commercial

CH

Commercial Waterfront

CW

Building Directory P P P P


P P P P

Changeable manual (permanent)

Note: Include in total allowed permanent signage

P P P

Directional/Informational (4 SF, 5' High)

P P P P

Drive Through Restaurant Sign P

Electronic Illuminated Signs P

Externally Illuminated Signs P P P P

Freestanding/Pole (drive-thru only)

P

Ground or Monument:

• Residential Development Identification Signs

Not to exceed 32 SF, 6' high

• Property Identification Sign (multiple tenants in one

building) (Shopping Centers, Malls and

Commercial Centers not included)

32 SF, 6' high

Arterial - 80 SF Total

16 SF/business 8 SF/addressing 240 SF, 12' high

Max

Collector - 64 SF Total

8 SF/addressing, 6' high

Arterial - 80 SF plus 16 SF/business 8 SF/addressing 240 SF, 12' high

Max Collector - 64 SF

Total 8 SF/addressing, 6'

high

Arterial - 80 SF Total

16 SF/business 8 SF/addressing 240 SF Max, 12'

high Collector - 64 SF

Total 8 SF/addressing, 6'

high

• Business Identification (Single Business)

32 SF, 6' high 80 SF max 12' high

80 SF max 12' high

80 SF max 12' high

Internally Illuminated Sign P P P

Projecting (16 SF) P P P

Under Canopy Sign (3 SF) P P P P

Window (Maximum coverage - 25%)

P P P

Wall 15% wall

surface, max 32 SF

15% total wall surface not to exceed 80 SF




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SIGN TYPE Industrial

IND

Public Institutional

PI

Building Directory (24 SF Max, 6' High Max) P P

Canopy/Awning (1 SF/2 LF - 16 SF Max) P P

Changeable

Construction P P

Changeable Manual and Electronic (permanent) Note: Include in total allowed permanent signage

P

Directional/Informational (4SF, 5 Ft High) P P

Electronic Message Signs P

Externally Illuminated Signs P P

Drive Through Restaurant Sign

Ground or Monument:

• Property Identification (multiple tenants in one building)

Arterial - 80 SF Total 16 SF/business 8 SF/addressing

Collector - 64 SF Total 8 SF/addressing

Arterial - 80 SF Total 16 SF/business 8 SF/addressing

Collector - 64 SF Total 8 SF/addressing

• Business Identification (Single Business) 80 SF max 80 SF max

Internally Illuminated P P

Projecting (16 SF) P P

Under Canopy Sign (3 SF) P P


Wall P P

SIGN TYPE Shopping Center Malls Commercial

Center

Building Directory (24 SF Max, 6' High Max)

P P


P P

Changeable

Directional/Informational (4SF, 5 Ft High)

P P

Externally Illuminated Signs P P

Freestanding Pole See Chapter 5,

Table 5.04.09(F)


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Ground or Monument

Arterial - 80 SF Total 16 SF/business

8 SF/addressing (1 monument sign per 200 linear feet of

frontage) Max signage 240 square

feet/sign

Arterial - 80 SF Total 16 SF/business

8 SF/addressing (1 monument sign per 200 linear feet of

frontage) Max 240 square feet/sign

Internally Illuminated P P

Entrance Sign P

(3-sided 32 square feet max)

Projecting (16 SF) (wall sign) P P


Wall P (15% of Bldg. not to exceed

80 SF) P (1 wall sign/face; 10% of

wall face)

(Ord. No. 10-0-16, § 1, 11-8-2010; Ord. No. 11-0-17, §§ 7a, b, 1-9-2012; Ord. No. 15-0-10, § 1,

10-12-2015)

12.00.14. - Installation, repair and permitting of signage. Any sign authorized by this Section shall be installed or repaired shall comply with the permitting,

repair and installation requirements contained in section 12.00.05.

(Ord. No. 15-0-10, § 1, 10-12-2015)

CHAPTER 13. - MOBILE HOMES 13.00.01. - Mobile home parks.

The intent of these regulations is to establish appropriate standards for the design, construction, alteration, extension, and maintenance of areas in the City of Crystal River authorized for use as mobile home parks, including related utilities and facilities.

(a) Definitions. For the purpose of this regulation, the following words and phrases shall have the meaning ascribed to them in the section. All other words shall be ascribed to the meaning defined in Webster's Dictionary, Third Edition.

(1) Council means the City Council of the City of Crystal River.

(2) Board of health means the Florida State Board of Health or its local authorized representative, the Citrus County Health Department.

(3) Mobile home means a single-family dwelling designed for transportation, after assembly and fabrication, on streets and highways on its own running gear, and which may be temporarily or permanently affixed to real estate, used for nontransient residential purposes, and constructed with the same, or similar electrical, plumbing and sanitary facilities as immobile housing.

(4) Mobile home park means a tract of land under single ownership which provides rental spaces for mobile homes, when specifically designed, equipped, operated and maintained in accordance with the standards established by appropriate State of Florida and local


207

regulations. Parcels are improved and developed in such a manner that spaces are not individually owned.

(5) Mobile home space means an improved area within an approved mobile home park, designated for placement of a single mobile home (rental basis only) for the exclusive use of the occupants.

(6) Mobile recreation shelters and vehicles means those types (tents, tent campers, truck campers, travel trailers and motor homes) shelters and vehicles intended for temporary or short-term protection from the elements are prohibited from mobile home parks.

(7) Permit means a written approval from the building and zoning official or their designated agent authorizing the construction, alteration, and extension of a mobile home park in accordance with the provisions of these regulations.

(8) Person means any individual, firm, partnership, corporation, trust, company, association or other entity.

(9) Planning commission means the City of Crystal River Planning and Zoning Commission.

(10) Service building means a structure which contains operational, office, recreational, sanitary, maintenance or other facilities constructed for the exclusive use of the residents.

(11) Sewer pipe riser means that portion of the sewer lateral which extends vertically to the ground elevation and terminates at each mobile home space.

(12) Water pipe riser means that portion of the water service pipe which extends vertically to the ground elevation and terminates at a designated point at each mobile home space.

(b) Permits.

(1) [Required.] It shall be unlawful for any person to construct, alter or extend any mobile home park within the incorporated portions of the City of Crystal River unless he holds a valid permit for the specific construction, alteration or extension proposed.

(2) Application to the Florida State Board of Health. All applications for a permit shall be made by the owner of the mobile home park or his authorized representative in accordance with Paragraph 33.04, Chapter 170D-33, of the Sanitary Code of the State of Florida, as amended.

(3) Application to City of Crystal River. A copy of the board of health application shall be filed concurrently with the application for a city permit in the office of the building and zoning department. Prior to issuance of a city permit, the application shall be reviewed by the parks, planning, and zoning commission in accordance with the standards set forth in chapter 5 of this regulation. Upon approval by the parks, planning, and zoning commission, the permit must be acquired and all fees paid within ninety (90) days by the person making application or else the parks, planning, and zoning commission's approval is null and void.

(4) Renewal permits. Renewal permits shall be issued by the building and zoning official if the applicant has continued to meet the standards prescribed by the board of health and the provisions of this regulation.

(5) Inspection. The inspectors of the building and zoning department may inspect a mobile home park at reasonable intervals and at reasonable times to determine if the owner has maintained compliance with this regulation.

(6) Permit to be posted. The permit shall be conspicuously posted in the office or on the premises of the mobile home park at all times.

(7) Existing mobile home parks, compliance.

a. Existing mobile home parks. Mobile home parks in existence at the adoption of this regulation and being authorized by the board of health may continue as long as they otherwise remain lawful. These parks will continue to be governed by the board of


208

health standards and regulations under which they were approved, however, the city regulations, for mobile home parks shall apply to new construction, alteration or extension.

b. Required plan. Existing mobile home parks shall be required to submit an existing plot plan, drawn to scale, when applying for a mobile home park permit as required under subsection (d) of this section.

c. New construction, alteration or extension. Any subsequent new construction or alteration that changes the basic design of existing lots and/or streets and any extension of an existing park shall comply with the provisions of this regulation. Changes to the existing park through involuntary action of the owner shall not necessitate the drafting of a new plan to regulation standards.

d. Substandard condition. Any existing mobile home park which in the opinion of the city council creates a fire or health hazard shall be required to comply with this regulation within thirty (30) days.

(c) Fees. All mobile home parks shall be required to purchase a mobile home park permit. Existing mobile home parks shall be required to obtain a permit no later than ninety (90) days after the effective date of this regulation.

(1) Initial fee. The initial fee for each new mobile home park shall be one thousand dollars ($1,000.00) plus an additional one hundred dollars ($100.00) for each mobile home space shown on the approved site plan. These charges include the electrical, plumbing and initial site plan inspection and review fee. The initial fee for existing mobile home parks shall be the same as the annual renewal fee. The initial fee for mobile home parks does not include any impact fees.

(2) Renewal fee. The annual renewal fee for each park shall be one hundred dollars ($100.00) plus an additional twenty-five dollars ($25.00) for each mobile home space shown on the approved site plan. Semi-annual renewal permit date shall be the anniversary date of the original permit.

(3) Transfer of permit. A fee for transfer of a permit to a new owner shall be fifty dollars ($50.00).

(d) Application for permit. Prior to making application, the applicant shall first submit first review plans to the parks, planning and zoning commission for approval to proceed. Pre-application review does not apply to existing parks, however, any applications for alteration or expansion of existing parks shall follow the procedures outlined in this ordinance. All permit applications within the community redevelopment area shall be approved by the Crystal River Community Redevelopment Agency before said permits are issued.

(e) Site requirements. Mobile home parks may be located only in those districts permitted by the City of Crystal River Zoning Regulations. To be considered as a mobile home park site a parcel shall contain a minimum of four (4) acres of land (excluding swamps, water impounding areas and floodplains).

(1) Recreation areas. Recreation areas shall be provided on the basis of a minimum of one hundred (100) square feet per mobile home space.

(2) Size requirements. Minimum size of each recreation area in any park shall be not less than twenty-five hundred (2,500) square feet.

(3) Park roadway system. Access to mobile home parks shall be from public rights-of-way containing paved street and suitable drainage.

a. Street dedication. All streets to be offered for public dedication shall conform to the standards of Crystal River.

b. Private streets. All streets not to be offered for public dedication shall conform to the above standards:


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1. General requirements. A safe and convenient vehicular access shall be provided from abutting park streets or roads to each mobile home space.

2. Access. Access to mobile home parks shall be designed to minimize congestion and hazards at their entrance or exit points. All traffic from internal streets shall enter or exit the park through approved entrance or exit points only.

3. Direct access. Direct access from any mobile home space to abutting public streets shall not be permitted except on local streets.

(f) Design standards: Required setbacks, buffer strips and screening.

(1) Required setbacks.

a. Public rights-of-way. All mobile homes and park buildings shall be set back from the centerline of adjacent public rights-of-way in accordance with the following schedule:

Type of Street Setbacks (In feet)

Arterial 150

Collector 60

Local 55

b. Boundaries. A minimum of twenty-five (25) feet shall be maintained between any mobile home or park structure and the boundaries of the park.

c. Common park areas. A minimum distance of twenty-five (25) feet between mobile homes and the adjoining pavement of a park road or other common areas (i.e. recreation areas or vehicle parking).

(2) Required buffers.

a. Park perimeter. A buffer shall be provided and maintained around the perimeter of park to screen mobile homes from adjacent properties and public roadways.

b. Waiver. The parks, planning and zoning commission may reduce or waive the requirements for a buffer, if in their opinion, the adjoining characteristics of the adjoining properties do not warrant screening. Natural buffer areas (such as rivers, lakes, marshes, etc.) may be utilized if the parks, planning, and zoning commission feels that effective screening has been supplied by nature.

(3) Screenings. The required buffer shall be capable of substantially screening the view on a year-round basis.

(4) Mobile home space requirements.

a. Space size. A mobile home space shall contain a minimum of seventy-five hundred (7,500) square feet, with a minimum width of seventy-five (75) feet and a minimum depth of one hundred (100) feet. (See subsection e for cluster of planned unit development requirements.) Hurricane fasteners shall be required of all park occupants and attached as recommended by the building official and in compliance with the Division of Motor Vehicles, State of Florida, Chapter 15C-0.01.

b. Separation between mobile homes. Mobile homes shall be separated from each other and from all park or service structures by at least twenty (20) feet provided that mobile homes placed end to end shall have a clearance of at least twenty (20) feet where opposing rear walls are staggered.


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c. Accessory structures. An accessory structure attached to the mobile home for the purpose of patio, carport or like facility shall be considered a part of the mobile home, for the purpose of this regulation. Such structures must meet the standards of the appropriate codes.

d. Mobile home space foundation. The area of the mobile home space shall be improved to provide an adequate foundation for the placement of the mobile home. The mobile home space shall be designated so as not to heave, shift or settle unevenly under the weight of the mobile home because of inadequate drainage, vibration or other forces acting on the superstructure.

e. Cluster of planned unit development. In the interest of promoting better design and providing adequate public spaces, the preservation of existing shade trees and improvements for the circulation, recreation, light, air, and service needs of the tract when fully developed and populated and which, in the judgment of the commission is a complete community or neighborhood unit, the standards and requirements of these regulations may be modified by the commission, however, in no case will the number of mobile home units exceed twelve (12) spaces per acre for the gross acreage of the platted site.

1. Covenants. Covenant or other legal provisions shall be provided to assure the conformity and achievement of the master plan of the tract.

2. Conditions. The commission may require such conditions and safeguards as will secure substantially the objectives of the standards or requirements so modified.

(5) Park streets or roads. Roadway surfaces shall be paved and of adequate width to accommodate anticipated traffic and in any case shall not be less than minimum standards.

a. Major park roads. All other park roads shall be a minimum of twenty-four (24) feet in width.

b. Dead end streets. Dead end streets should be avoided, however, when permitted they shall be limited to eight hundred (800) feet in length and shall be provided at the closed end with a cul-de-sac having an outside diameter of sixty (60) feet.

c. Pavement standards. All park roads shall be paved as per [Article 15 Section 1] of this Zoning Ordinance [sic] . Pavement edges shall be protected by curbing.

d. Intersections. Within one hundred (100) feet of an intersection, roadways shall be at approximately right angles. A distance of at least one hundred fifty (150) feet shall be maintained between centerlines of offset intersecting roadways. Intersections of more than two (2) roadways at one point shall be avoided.

e. Reserved.

f. Street lighting. All park streets shall be provided with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide the following levels of illuminations for the safe movement of pedestrians and vehicles at night:

1. Park road lighting. An average of six-tenths (0.6) footcandle, with a minimum of one-tenth (0.1) footcandle on all parts of the park road system.

2. Intersection lighting. A minimum of three-tenths (0.3) footcandle on all potentially hazardous locations, such as major intersections.

(6) Parking.

a. Parking prohibition. Parking on the park roadway system shall be prohibited.

b. Parking requirements. Parking shall be provided in one of the following ways:

1. Onsite. Onsite parking at each mobile home shall be two (2) spaces.


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2. Guest parking. Parking shall be provided in all mobile home parks for the use of park guests. Such parking shall be calculated at a rate of one and one-fourth (1.25) automobile spaces for each mobile home space.

3. Lot parking. Parking spaces in a parking lot [shall be] so located as to provide convenient access to the mobile homes served, but shall not exceed a distance of four hundred (400) feet.

4. Combination. A combination of (1) and (2) above.

5. Parking stall size. Parking lot stalls shall be ten (10) feet wide by twenty (20) feet long.

(7) Walks. All parks shall provide safe, convenient, all-season pedestrian access of adequate width for intended use, durable and convenient to maintain, between individual mobile homes, the park streets and all community facilities provided for residents. Sudden changes in alignment and gradient shall be avoided.

a. Common walk system. A common walk system shall be provided and maintained between locations, and where pedestrian traffic is concentrated, such walks shall have a minimum width of four (4) feet.

b. Individual walks. All mobile home spaces shall be connected to common walks, or to streets, or to driveways or parking spaces connecting to a street. Such individual walks shall have a minimum width of two (2) feet.

(g) Service building and other service facilities.

(1) Required sanitary facilities. A central service building containing necessary toilet and other plumbing fixtures shall be provided in each mobile home park. The building containing these emergency sanitary facilities shall be readily accessible to all mobile homes and shall be equipped in accordance with the standards specified in the Southern Standard Plumbing Code as adopted and amended by the City of Crystal River.

(2) Other service facilities. In addition to required sanitary facilities, other structures may be included as a part of the park development when approved in accordance with the procedures established by these regulations. Such facilities might include:

a. Management offices and maintenance buildings;

b. Swimming pools and recreation buildings;

c. Laundry facilities;

d. Shops providing goods and services for the convenience of residents.

(3) Building requirements. All structures shall be properly protected from damage by ordinary use, decay, corrosion, termites, and other destructive elements and shall be constructed in accordance with the Southern Standard Building Code as adopted and amended by the City of Crystal River.

(4) Barbecue pits, fireplaces, stoves and incinerators. Cooking shelters, barbecue pits, fireplaces, woodburning stoves and incinerators shall be so located, constructed, maintained and used as to minimize fire hazard and smoke nuisance both within the park and on neighboring property. No open fire shall be left unattended. Fuel which emits dense smoke or objectionable odors shall not be used.

(h) Insect and rodent control.

(1) General requirements. The storage, collection and disposal of refuse in mobile home park shall be so managed as to create no health hazard, rodent harborage, insect-breeding areas, accident or fire hazards or air pollution.


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a. Containers. All refuse shall be stored in flytight, watertight, rodent proof containers, which shall be conveniently located to the mobile homes it serves. Containers shall be provided in sufficient number and capacity to properly store all refuse. Rubbish shall be collected and disposed of as frequently as may be necessary to ensure that the containers shall not overflow.

b. Control. Grounds, buildings, and structures shall be maintained free of insect and rodent harborage and infestation extermination methods and other measures to control insects and rodents shall conform with the requirements of the board of health. Parks shall be maintained free of accumulation of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests.

c. Park maintenance. Where the potential for insects and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials. The growth of brush, weeds and grass shall be controlled to prevent harborage of ticks, chiggers and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious weeds considered detrimental to health.

(i) Supervision.

(1) Responsibilities of the park management.

a. Regulation compliance. The person to whom a permit for a mobile home park is issued shall operate the park in compliance with these regulation and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

b. Site placement. The park management shall supervise the placement of each mobile home stand which includes securing the stability and installing all utility connections.

c. Access. The park management shall give the city council or their representative free access to all mobile home lots, service buildings and other community service facilities for the purpose of inspection.

d. Register. The management shall maintain a register containing the name, address and current trailer tag of all park occupants. Such register shall be available to any authorized person inspecting the park.

e. Improper site. The management shall not permit a mobile home to be occupied for dwelling purposes unless it is properly placed on an approved mobile home space and connected to water, sewage and electrical utilities.

(j) Revocation of permit.

(1) Revocation of permit. Whenever, upon inspection of any mobile home park, it is determined that conditions or practices exist which are in violation of any provision of this regulation, or of any regulation adopted pursuant thereto, the city council or their representative shall give notice in writing to the person to whom the permit was issued, advising them that unless such conditions or practices are corrected within a period of time specified in the notice, the permit to operate shall be suspended. At the end of such period, the mobile home park shall be reinspected and, if such conditions and practices have not been corrected, the city council shall revoke the permit and give notice in writing of the revocation to the person to whom the permit is issued. To reinstate a revoked permit the procedure and fees shall be the same as application for a nonexistent mobile home park.

(Ord. No. 91-0-8, § 1, 5-13-91; Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

CHAPTER 14. - DEVELOPMENT AGREEMENTS 14.00. - Generally.


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The city council of the City of Crystal River (council), in its sole and exclusive discretion, may enter into development agreements with any person having a legal or equitable interest in real property within the incorporated limits of the city as is provided in F.S. Ch. 163 and as further set forth under the terms of this chapter.

(Ord. No. 13-0-15, § 3, 1-13-2014)

14.01. - Scope and limitations. The entry into a development agreement by the city shall in no way whatsoever limit or modify any

legislative power by the city to adopt ordinances, resolutions, regulations or to make executive, administrative or legislative decisions of any kind, which it had the power to make prior to the entry into such development agreement, except to the degree that the development agreement by its express terms and not by implication, gives vested rights to the property owner as to certain development permissions, required improvements, and similar matters. No development agreement shall, by its expressed terms or by implication, limit the right of the city to adopt ordinances, regulations or policies that are of general application except as is expressly provided by F.S. Ch. 163.

(Ord. No. 13-0-15, § 3, 1-13-2014)

14.02. - Request fee. A property owner desiring to enter into a development agreement with the city shall make a written

request for such development agreement to the city manager and pay the fee as is established by resolution of the council. Such written requests shall identify the lands which are desired to be subject to the development agreement, and shall identify all legal and equitable owners having any interest in such property, and such ownership interest shall be certified by a title company or an attorney at law licensed to practice in the state. If any partnerships, corporations, joint ventures or other entities, other than individuals, own a legal or equitable interest in the subject property, all principals and other persons with interest in such partnerships, corporations, joint ventures or other entities shall be revealed.

(Ord. No. 13-0-15, § 3, 1-13-2014)

14.03. - Placement of request on city council's agenda, determination by board, refunding of fee. Upon receipt of such a request, the city manager shall place the matter on the city council's agenda,

and the council shall, in its sole discretion, determine whether or not it desires to pursue negotiations with the property owner relative to the entry into a development agreement. If the council determines not to proceed with further negotiations or discussions regarding the development agreement, the fee paid by the property owner shall be refunded. If the council instructs the city manager to proceed with further negotiations, the fee shall thereafter be nonrefundable, regardless of whether or not a development agreement is ultimately reached.

(Ord. No. 13-0-15, § 3, 1-13-2014)

14.04. - Development proposal, contents. Upon the council's determination that it desires to proceed with further negotiations relative to a

development agreement, the property owner shall promptly submit a development proposal for the subject property to include the following information:

A. Legal description of the land subject to the agreement.

B. The persons, firms or corporations having a legal or equitable interest in the land.

C. The duration of the development agreement, which duration shall not exceed thirty (30) years. However, it may be extended by mutual consent of the city and the developer, subject to public hearing process in accordance with F.S. Ch. 163.


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D. The development uses desired to be permitted on the land, including population densities and building intensities and height.

E. A description of all existing and proposed public facilities that will service the development, including who shall provide such facilities; the date that any new facilities, if needed, will be constructed; and a schedule to ensure public facilities are available concurrent with the impacts of the development.

F. A description of any reservation or dedication of land for public purposes.

G. A description of all local development permits approved or needed to be approved for the development of the land.

H. The zoning and present land use categories of all abutting property.

I. A registered state surveyor's certified property boundary survey.

J. All land subject to the jurisdictional regulations of the Southwest Florida Water Management District (SWFWMD), the State Department of Environmental Protection (FDEP), and the Army Corps of Engineers (ACOE) shall be shown on a survey of the property.

K. All existing and proposed utilities and the manner in which existing utilities will be extended to the site and/or expanded for the use of the development, including water, sewer, gas, electricity, CATV and sanitary effluent reuse/disposal and other utilities.

L. A conceptual master drainage plan for the development indicating thereon the existing drainage features and land topography, along with and superimposed thereon, the proposed drainage features indicating clearly the means by which the final developed land will collect, regulate and conduct the drainage runoff from the lands developed and tributary thereto.

M. Any further information that the city manager may require because of the particular nature or location of the development proposal, including proposed phases. The city manager shall have the right to waive any submission requirement that is not relevant to the particular proposal; provided, however, that if any submission requirement is initially waived, the development agreement shall expressly provide when such information is to be provided and that development is not to commence until such information is provided according to the development agreement terms.

(Ord. No. 13-0-15, § 3, 1-13-2014)

14.05. - Vesting of rights; limitation on rezoning or land use plan amendments. The submission of a request for consideration of a development agreement; the council's willingness

to pursue discussions; the resultant negotiations regarding a development agreement; the payment of any application fees for the submission of any application; engineering plans, surveys and any other expenditures or efforts in prosecution of the development agreement, provided for in this article by a property owner, shall not vest any rights whatsoever in any zoning or land use designation [as] such property owner, nor shall it in any manner whatsoever limit the council from undertaking any rezoning or land use plan amendments that it would be otherwise legally entitled to undertake.

(Ord. No. 13-0-15, § 3, 1-13-2014)

14.06. - Review of proposal by city manager; tentative agreement. The city manager shall review the development proposal of the owner and shall meet and negotiate

with the owner regarding the appropriate development of the property and the terms and condition in which such property should be developed as the city manager shall deem to be appropriate and necessary for the protection of the public interest and consistent with city's land use plan and land development resolutions and code.


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(Ord. No. 13-0-15, § 3, 1-13-2014)

14.07. - Terms reduced to contractual form; transmission to city council; hearings procedures; approval. A. At such time as the city attorney has reduced the terms of the proposed development agreement to

written contractual form the agreement shall be placed on the agenda of the planning commission for a public hearing and recommendation as to entering into the development agreement. Such public hearing shall be advertised in a newspaper of general circulation in Citrus County, and such notice shall be advertised approximately seven (7) days before the public hearing. Notice of intent to consider a development agreement shall also be mailed to all affected property owners abutting the property boundaries before the first public hearing by the local planning agency. The day, time and place at which the city council public hearing will be held shall be announced in the planning commission public hearing. The notice shall specify the location of the land subject to the development agreement; the development uses proposed on the property; the proposed population densities and building heights; and shall specify where a copy of the proposed agreement can be obtained.

B. At the council meeting the council may, by vote of not less than three (3) members of the council, approve the form of a development agreement and authorize the chairman to execute the agreement for the council.

(Ord. No. 13-0-15, § 3, 1-13-2014)

14.08. - Minimum requirements. Any development agreement approved under the provisions of this chapter shall contain not less

than the following requirements:

A. A legal description of the land subject to the agreement and the identification of all persons having legal or equitable ownership therein.

B. The duration of the development agreement, which duration shall not exceed twenty (20) years. However, it may be extended by mutual consent of the city and the developer, such extension being subject to the public hearing process necessary for the initial approval of the development agreement. No development agreement shall be effective or be implemented by a local government unless the local government's comprehensive plan and plan amendments implementing or related to the agreement are found in compliance by the state land planning agency in accordance with F.S. §§ 163.3184, 163.3187.

C. The development uses permitted on the land, including population densities, building intensities and building height.

D. A conceptual site plan indicating phases if the property is to be phased and containing such information as may be required by the city manager to properly consider the development proposal. If a site plan is required in rezoning process, all the requirements of that site plan process and submittal shall be met prior to development.

E. A description of the public facilities that will service the development, including designation of the entity or agency that shall be providing such services. Additionally, if new facilities are needed to serve the project, the date by which such facilities will be constructed and a schedule to ensure that the public facilities to be available concurrent with the impacts of the development will be provided. The development agreement may provide for a letter of credit to be deposited with the city to secure the construction of any new facilities that are required to be constructed. Alternatively, such construction may be a condition precedent to the issuance of any building permits or other development permissions. If the new public facilities are in place and operating at the time development permits are requested, no such letter of credit shall be necessary unless such facilities are not adequate to serve the project.

F. A description of any reservation or dedication of land for public purposes and any impact fee credit request that may result from such dedication or reservation.


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G. A description of all local development permits approved or needed to be approved for the development of the land, specifically, to include at least the following:

1. Any required rezoning.

2. Any required comprehensive plan amendments.

3. Any required submission to the Withlacoochee Regional Planning Council.

4. Any required permissions of the FDEP.

5. Any required permissions of the ACOE.

6. Any required permission of the SWFWMD.

7. Any required permissions of the United States Environmental Protection Agency and other governmental permissions that are required for the project.

8. Any final local development order authorizing construction under the concurrency provisions of the city's Comprehensive Plan.

The development agreement shall specifically provide that such development permissions will be obtained at the sole cost of the property owner and, that if any development permissions are not received, development can still proceed without such permissions in certain phases, and that no further development of the property shall be allowed until such time as the council has reviewed the matter and determined whether or not to terminate the development agreement or to modify it in a manner consistent with the public interest. Under these conditions, action and reliance on the development agreement or expenditures in pursuance of its terms of any rights accruing to the property owner thereunder, shall not vest any development rights in the property owner, nor shall it constitute partial performance entitling the property owner to a continuation of the development agreement.

H. A specific finding in the development agreement that the development permitted or proposed is consistent with the city's Comprehensive Plan and the land development regulations of the city or, that, if amendments are necessary to the zoning district designation or land use plan designations on the subject property, that such development agreement is contingent upon those amendments being made and approved by the appropriate governmental agencies.

I. The council may provide for any conditions, terms, restrictions or other requirements determined to be necessary for the public health, safety or welfare of its citizens and such conditions, terms or restrictions may be more onerous or demanding than those otherwise specifically required by the land development standards then existing in the city, and may provide for off-site improvements, screening, buffering, setbacks, building height restrictions, land coverage restrictions and similar types of matters that would not otherwise be required of the development under the existing city ordinances and regulations; provided, however, that there exists a rational nexus between the necessity of these conditions and the projected impacts of the proposed development.

J. A statement indicating that failure of the development agreement to address a particular permit, condition, term or restriction shall not relieve the property owner of the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions, and that any matter or thing required to be done under existing ordinances of the city shall not be otherwise amended, modified or waived unless such modification amendment or waiver is expressly provided for in the development agreement with specific reference to the code provisions so waived, modified or amended.

K. At the council's discretion, the development agreement may provide that the entire development, or any phase of such development, be commenced or be completed within any specific period of time and may provide for penalties in the nature of monetary penalties, the denial of future building permits, the termination of the development agreement or the withholding of certificates of occupancy for the failure of the property owner to comply with any such requirement.


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(Ord. No. 13-0-15, § 3, 1-13-2014)

14.09. - Land development regulations of county to govern; effect of amendments and new ordinances. A. The ordinances and regulations of the city governing the development of the land at the time of the

execution of any development agreement provided for under this chapter shall continue to govern the development of the land subject to the development agreement for the duration of the development agreement. At the termination of the duration of the development agreement, all then existing codes shall become applicable to the project, regardless of the terms of the development agreement, and the development agreement shall be modified accordingly. The application of such laws and policies governing the development of the land shall not include any fee structure, including any impact fees then in existence or thereafter imposed. The city may apply ordinances and policies adopted subsequent to the execution of the development agreement to the subject property only if the city has held public hearings and determined that such new ordinances and policies are:

1. Not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities or densities as allowed under the terms of the development agreement;

2. Essential to the public health, safety and welfare and expressly state that they shall apply to a development that is subject to a development agreement;

3. Specifically anticipated and provided for in the agreement; and the city demonstrates that substantial changes have occurred in pertinent conditions existing at the time of the approval of the development agreement, or the development agreement is based on substantially inaccurate information supplied by the developer.

B. Subject to the criteria of F.S. Ch. 163, all development agreements shall specifically provide that subsequently adopted ordinances and policies of general application in the city, specifically including impact fees and concurrency management systems, shall be applicable to the lands subject to the development agreement, and that such modifications are specifically anticipated in the development agreement.

(Ord. No. 13-0-15, § 3, 1-13-2014)

14.10. - Annual review; report on findings; revocation or modification procedures. The city shall review all lands within the unincorporated area subject to a development agreement

not less than once every twelve (12) calendar months to determine if there has been demonstrated good faith compliance with the terms of the development agreement. If the council finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement, the agreement may be revoked or modified by the city upon sixty (60) days' notice to the property owner as shown on the records of the county property appraiser. Such termination or amendment shall be accomplished only after public hearings and notice as is required in this article for the adoption of a development agreement. Amendment or cancellation of the development agreement by mutual consent of the city and the property owner may be accomplished following the notice and public hearing requirements required for initial adoption of the development agreement as is set forth in this chapter.

(Ord. No. 13-0-15, § 3, 1-13-2014)

14.11 - Recording procedure. Not later than fourteen (14) days after the execution of a development agreement, the city shall

record the agreement with the clerk of the county circuit court. The burdens of the development agreement shall be binding upon, and the benefits of the agreement shall inure to all successors in interest to the parties to the agreement.


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(Ord. No. 13-0-15, § 3, 1-13-2014)

14.12. - Effect of state and federal laws enacted after agreement. If state and federal laws are enacted after the execution of a development agreement which are

applicable to and preclude the parties compliance with the terms of the development agreement, such agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws, such modification or revocation to take place only after the notice and public hearing provisions provided for the adoption of a development agreement have been complied with.

(Ord. No. 13-0-15, § 3, 1-13-2014)

14.13. - Actions for injunctive relief. Any party, any aggrieved or adversely affected person, as defined in F.S. [§] 163.3215(2), or the

state land planning agency may file an action for injunctive relief in the county circuit court to enforce the terms of a development agreement or to challenge compliance of the agreement with the provisions of F.S. [§§] 163.3220—163.3243.

(Ord. No. 13-0-15, § 3, 1-13-2014)

14.14. - Execution; legal status. All development agreements shall be executed by all persons having legal or equitable title in the

subject property, including the fee simple owner and any mortgagees, unless the city attorney approves the execution of the development agreement without the necessity of such joinder or subordination on a determination that the substantial interests of the city will not be adversely affected hereby. A development agreement is determined to be a legislative act of the city in the furtherance of its powers to plan, zone and regulate development within its boundaries and, as such, shall be superior to the rights of existing mortgages, lienholders or other persons with legal or equitable interest in the subject property and the development agreement, and the obligations and responsibilities arising thereunder on the property owner shall be superior to the rights of such mortgagees or lienholders and shall not be subject to foreclosure under the terms of mortgages or liens entered into or recorded prior to the execution and recordation of the development agreement.

(Ord. No. 13-0-15, § 3, 1-13-2014)

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