§ 3-9-69. Conditional uses and structures.

(a)

Purpose and intent. The purpose of this section is to provide rules and regulations for any uses and structures designated as a "conditional use and structure (C)" on the use table and listed in all zoning districts found in chapter 3-9. These conditions supplement, modify, or further explain rules and regulations found elsewhere in this chapter, and unless specifically stated to the contrary, apply to all zoning districts.

Regulations over and above those imposed by other articles/sections of this chapter are necessary for certain uses which, because of their uniqueness or potential for substantial impact on surrounding land uses, warrant minimum standards that cannot be properly addressed in the development regulations set forth in specific districts. The purpose of this section is to set forth the detailed regulations, including but not limited to the bulk, layout, yard size, and lot area that apply to these uses.

(b)

Agricultural uses.

(1)

4H, FFA and similar uses and activities (RE).

a.

Official documentation showing proof of participation in 4H, FFA or similar programs must be submitted to the county.

b.

The uses and activities must cease at the completion of the 4H, FFA or similar programs.

(2)

Domestic animal breeding, boarding, and training (RE).

a.

The property must be located in the rural service area.

b.

Chickens shall be provided with a covered nesting box within an enclosed yard. Enclosures shall only be permitted in side and rear yards and shall be sufficiently screened from the street and neighboring properties.

c.

All enclosures shall be kept sanitary and free from accumulations of animal excrement and objectionable odor, and constructed and maintained so as to prevent rodents or other pests from being harbored underneath, within, or within the walls of the enclosure and to protect from predators.

(3)

Farm labor housing (AG, EM).

a.

May consist of single-family detached, manufactured homes, or multifamily dwelling units, but shall not be platted or sold.

b.

Must receive approval through site plan review.

c.

The number of units shall not exceed the base density available on the agricultural operation the housing is intended to serve. The full extent of the agricultural operation shall be shown on the site plan review application.

d.

Shall not occupy more than ten (10) acres.

e.

All setbacks requirements must be double the minimum setback requirements.

f.

A copy of an approved permit for migrant labor camp from Environmental Health Office at Charlotte County Health Department shall be provided as applicable. In addition, all rules and requirements set forth in F.S. §§ 381.008—381.00897, and Rule 64E-14 F.A.C., as may be amended, shall apply.

(4)

Guest home (see section 3-9-69.g.7.(b)).

(5)

Horse stable (RE).

a.

All shelter structures shall be set back double the minimum setback requirements within that district.

b.

Any manure stock piles shall be set back at least one hundred (100) feet from all lot lines.

c.

The minimize size of the property shall be one (1) acre per horse.

d.

The property must be located in the rural service area.

(6)

Livestock breeding, training, boarding, and grazing (PKR).

a.

The property must be located in the rural service area.

(7)

Manufactured home (HUD), minimum requirement is Wind Zone 3. (AG, EM, ES).

a.

The property must be located outside of the coastal high hazard areas.

(c)

Commercial uses.

(1)

Assisted living facilities (ALFs) (see section 3-9-69.g.1.).

(2)

Animal hospital and boarding facility (OMI, CN).

a.

Outdoor runs are prohibited.

(3)

Building trades contractor's office (CG).

a.

No more than ten (10) service vehicles shall be allowed to be parked on the subject site.

b.

No heavy equipment shall be allowed on the site.

c.

Storage yard shall not be allowed on the site.

(4)

Farm equipment, supply (CG).

a.

Any equipment over eight (8) feet in height must be either stored in a completely enclosed building or at least fifty (50) feet from any residential zoning.

b.

Where items are stored outside in stacks or piles, the height shall not exceed fifteen (15) feet.

(5)

Laboratories, class 1, 2, 3 (CG, IG, II).

a.

Provided central sewer is available.

(6)

Marina (RMF-T, CG).

a.

The property must have direct access to water.

(7)

Private off-site parking (OMI, CG, CT, IG, II).

a.

Required parking may be located on a separate, nonadjacent lot from the lot on which the principle use is located if the off-site parking complies with the following standards:

1.

Shall not be located more than six hundred (600) feet from the entrance of the building with which it is associated.

2.

Shall not be separated from the use served by an arterial road unless a grade-separated pedestrian walkway or crosswalk is provided or other traffic control or remote parking shuttle bus service is provided.

3.

An unobstructed route along sidewalks or pedestrian walkways shall be provided between the parking area and the associated site.

4.

In the event that an off-site parking area is not under the same ownership as the principal use served, the county shall require an agreement between all property owners, acceptable to the county attorney's office. An executed agreement shall be recorded with the clerk of the circuit court by the applicant and recordation of the agreement must take place prior to issuance of development approval.

5.

Shall not be used for the storage of commercial vehicles or equipment.

(8)

Vehicle sales, service and rental (CG).

a.

Boat, travel trailer and motor vehicle sales and rentals, including recreational vehicles and campers.

1.

Outdoor parking of vehicles shall be screened by an opaque barrier when adjacent to residentially zoned property.

2.

No maintenance, cleaning, or detailing of vehicles may be performed within thirty (30) feet of a residentially zoned property.

3.

No outdoor amplified sound systems if the property is immediately adjacent to residential uses or zoning.

4.

Major repair such as engine work, body repair or major overhaul of vehicles shall be in a completely enclosed building. Such repair shall be incidental to the sales and rentals.

b.

Boat, travel trailer and motor vehicle repair and services, including recreational vehicles and campers.

1.

Outdoor parking of vehicles shall be screened by an opaque barrier when adjacent to residentially zoned property.

2.

No maintenance, cleaning, or detailing of vehicles may be performed within thirty (30) feet of a residentially zoned property.

3.

No outdoor amplified sound systems if the property is immediately adjacent to residential uses or zoning.

4.

Major repair such as engine work, body repair or major overhaul of vehicles shall be in a completely enclosed building.

c.

Noncommercial vehicle rental.

1.

Outdoor parking of vehicles shall be screened by an opaque barrier when adjacent to residentially zoned property.

2.

No maintenance, cleaning, or detailing of vehicles may be performed within thirty (30) feet of a residentially zoned property.

3.

No outdoor amplified sound systems if the property is immediately adjacent to residential uses or zoning.

4.

Major repair such as engine work, body repair or major overhaul of vehicles shall be in a completely enclosed building. Such repair shall be incidental to the noncommercial vehicle rental.

(d)

Debris and waste facilities.

(1)

Mini transfer station (IG, II).

a.

A twenty-five-foot setback is required from all lot lines.

b.

A Type C buffer defined in chapter 3-5, article XVIII, landscaping and buffers, is required along all lot lines, and an opaque wall or fence is required when the site is adjacent to any nonindustrial or nonagricultural zoning district.

c.

The facility may be no larger than ten (10) acres.

d.

Piles of material, either prior to or following processing, may not exceed fifteen (15) feet in height.

e.

Volume reduction operation machinery may not be located within one hundred fifty (150) feet of any of the following:

1.

Residential use.

2.

Residential zoning district.

3.

School.

4.

Park.

5.

Hospital or other health care facility.

f.

Any volume reduction operation machinery within three hundred (300) feet of any of the following shall be enclosed in a structure with at least three (3) sides and a roof, and with the open end facing away from the listed use:

1.

Right-of-way.

2.

Residential use.

3.

Residential zoning district.

4.

School.

5.

Park.

6.

Hospital or other health care facility.

(2)

Recovered materials processing facility (IG, II).

a.

A twenty-five-foot setback is required from all lot lines.

b.

A Type C buffer defined in chapter 3-5, article XVIII, landscaping and buffers, is required along all lot lines and an opaque wall or fence is required when the site is adjacent to any nonindustrial or nonagricultural zoning district.

c.

Piles of material, either prior to or following processing, may not exceed 15 feet in height.

d.

Volume reduction operation machinery may not be located within one hundred fifty (150) feet of any of the following:

1.

Residential use.

2.

Residential zoning district.

3.

School.

4.

Park.

5.

Hospital or other health care facility.

e.

Any volume reduction operation machinery within three hundred (300) feet of any of the following shall be enclosed in a structure with at least three (3) sides and a roof, and with the open end facing away from the listed use:

1.

Right-of-way.

2.

Residential use.

3.

Residential zoning district.

4.

School.

5.

Park.

6.

Hospital or other health care facility.

(3)

Residential household hazardous waste collection center (IG, II).

a.

A twenty-five-foot setback is required from all lot lines.

b.

A Type C buffer defined in chapter 3-5, article XVIII, landscaping and buffers, is required when the site is adjacent to any nonindustrial or nonagricultural zoning district.

c.

The facility may be no larger than twenty (20) acres.

d.

Volume reduction operation machinery may not be located within one hundred fifty (150) feet of any of the following:

1.

Residential use.

2.

Residential zoning district.

3.

School.

4.

Park.

5.

Hospital or other health care facility.

e.

Any volume reduction operation machinery within three hundred (300) feet of any of the following shall be enclosed in a structure with at least three (3) sides and a roof, and with the open end facing away from the listed use:

1.

Right-of-way.

2.

Residential use.

3.

Residential zoning district.

4.

School.

5.

Park.

6.

Hospital or other health care facility.

(4)

Waste tire collection center (IG, II).

a.

A thirty-foot setback is required from all lot lines.

b.

A Type D buffer as described in chapter 3-5, article XVIII, landscaping and buffers, with an opaque wall or fence is required along all lot lines.

c.

Poles of material may not exceed fifteen (15) feet in height.

(e)

Industrial uses.

(1)

Automobile wrecking and salvage yard (II).

a.

No storage of items is permitted within required front setback.

b.

The perimeter shall be buffered with:

1.

A Type D buffer as defined in chapter 3-5, article XVIII, landscaping and buffers, on interior lot lines abutting residential zoning districts regardless of the width of any adjacent road or easement.

2.

A Type C buffer as defined in chapter 3-5, article XVIII, landscaping and buffers, on interior lot lines abutting commercial zoning districts regardless of the width of any adjacent road or easement.

3.

A Type B buffer defined in chapter 3-5, article XVIII, landscaping and buffers, on interior lot lines abutting IG or II zoning districts.

c.

Where items are stored in stacks or piles, the height shall not exceed fifteen (15) feet.

d.

Where items are stored in stacks or piles, the height over eight (8) feet shall be stored at least fifty (50) feet from any residential zoned properties.

(2)

Building trades contractor's office with storage yards on-premises (IG).

a.

No storage of items is permitted within the required front setback.

b.

Storage yards shall be buffered with:

1.

A Type D buffer as defined in chapter 3-5, article XVIII, landscaping and buffers, on interior lot lines abutting residential zoning districts regardless of the width of any adjacent road or easement.

2.

A Type C buffer as defined in chapter 3-5, article XVIII, landscaping and buffers, on interior lot lines abutting commercial zoning districts regardless of the width of any adjacent road or easement.

3.

Where items are stored in stacks or piles, the height shall not exceed fifteen (15) feet.

4.

Where items are stored in stacks or piles, the height over eight (8) feet shall be stored at least fifty (50) feet from any residential zoned properties.

(3)

Outdoor storage (IG, II).

a.

No storage of items is permitted within required front setback.

b.

The perimeter shall be buffered with:

1.

A Type D buffer as defined in chapter 3-5, article XVIII, landscaping and buffers, on interior lot lines abutting residential zoning districts regardless of the width of any adjacent road or easement.

2.

A Type C buffer as defined in chapter 3-5, article XVIII, landscaping and buffers, on interior lot lines abutting commercial zoning districts regardless of the width of any adjacent road or easement.

3.

A Type B buffer defined in chapter 3-5, article XVIII, landscaping and buffers, on interior lot lines abutting IG or II zoning districts.

c.

Where items are stored in stacks or piles, the height shall not exceed fifteen (15) feet.

d.

Where items are stored in stacks or piles, the height over eight (8) feet shall be stored at least fifty (50) feet from any residential zoned properties.

(f)

Public and civic uses.

(1)

Detox center and substance abuse center (OMI).

a.

Must be one thousand (1,000) feet from another detox center and substance abuse center.

b.

In a residential neighborhood, no external evidence of such use, distinguishing the living facility from a regular dwelling, shall be visible from adjacent properties, public or private, except a small sign with a maximum area of four (4) square feet.

(2)

Transitional/halfway housing (RMF, OMI).

a.

Must be one thousand (1,000) feet from another transitional/halfway housing facility.

b.

In a residential neighborhood, no external evidence of such use, distinguishing the living facility from a regular dwelling, shall be visible from adjacent properties, public or private, except a small sign with a maximum area of four (4) square feet.

(g)

Residential uses.

(1)

4H, FFA and similar uses and activities (RSF, RMF, RMF-T, MHP, MHC).

a.

Official documentation showing proof of participation in 4H, FFA or similar programs must be submitted to the county.

b.

The uses and activities must cease at the completion of the 4H, FFA or similar programs.

c.

Three (3) chickens (no roosters) shall be allowed. The pen shall not be located within ten (10) feet from the side and rear property lines and behind the leading edge of the living area of the residential structure.

(2)

Assisted living facilities (ALFs) (RMF, RMF-T, OMI, CG, CN, CT).

a.

See section 3-9-62, adult living facilities.

b.

All applicable requirements set forth in Florida Statutes shall apply.

c.

Within the coastal high hazard areas, such use shall have a direct access to a major thoroughfare, such as Placida Road, Gasparilla Road, S.R. 776, or U.S. 41. Additionally, the following requirements shall apply:

1.

The proposed building will be constructed to provide for either shuttering or shatterproof glass in all windows.

2.

The facility will include an independent emergency power supply.

3.

The facility will provide a written emergency management plan under State of Florida rules with the plan being submitted to and approved by the Charlotte County Emergency Management Director.

(3)

Bed and breakfast (AG, ES, EM, RE, RSF, MHC, RMF, RMF-T).

a.

Property owner shall reside on site.

b.

No more than two (2) guest rooms shall be allowed.

c.

Must have room for two (2) off-street parking spaces for the operator and one (1) space per guest room.

d.

No more than one (1) nonilluminated sign, not exceeding four (4) square feet in area, may be attached to the building on or next to the entrance.

e.

No external evidence of such use distinguishing the living facility from a regular dwelling shall be visible from adjacent properties, public or private, except the aforementioned sign.

f.

Shall register with the county as a minor home occupation.

g.

Must obtain and keep an active business license from Charlotte County, also known as a "local business tax receipt".

(4)

Boarding, rooming house (RMF, RMF-T).

a.

Must be owner-occupied.

(5)

Clubhouse (RE, RSF, RMF, RMF-T, MHP, MHC).

a.

Must be under unified residential development.

b.

Restaurants or banquet facility for residents of the development and their guests are permitted. Public restaurants or banquet facility shall be permitted only by a special exceptional approval.

(6)

Cluster housing (RE, RSF).

a.

Must be approved under the site plan review process.

b.

Must meet the base density of the property.

c.

The subdivision may contain a golf course and/or clubhouse.

d.

See section 3-9-67, cluster housing.

(7)

Conservation subdivision (AG, EM).

a.

Follow PD process.

(8)

Guest home.

a.

The property is located in the RSF, MHC districts.

1.

Provided the lot area shall be not less than twice the minimum lot area required for a single-family dwelling.

2.

Must be under one (1) ownership.

3.

Must comply with all development standards within the appropriate zoning district.

4.

Must be built of the same materials and in the same color scheme as the principal dwelling.

5.

Impact fee shall be assessed as a dwelling unit.

b.

The property is located in the AG, EM, RE districts.

1.

Only one (1) accessory dwelling unit shall be permitted for each single-family dwelling. If necessary, one (1) density unit shall be transferred onto the site, in accordance with the transfer of density units provisions of this Code.

2.

Must be under one (1) ownership.

3.

Must comply with all development standards within the appropriate zoning district.

4.

Must be built of the same materials and in the same color scheme as the principal dwelling.

5.

Impact fee shall be assessed as a dwelling unit.

(9)

Horse stable (RE) (see section 3-9-69.b.(5)).

(10)

Nursing home (RMF, RMF-T).

a.

No external evidence of such use, distinguishing the living facility from a regular dwelling, shall be visible from adjacent properties, public or private.

b.

All applicable requirements set forth in Florida Statutes shall apply.

(11)

Recreational vehicle use (MHP).

a.

No more than one-third ( 1/3 ) of the sites may be occupied by recreational vehicles.

b.

The occupancy of recreational vehicles on any individual living site by any individual or group of individuals shall be strictly limited to one hundred eighty (180) days and no individual or group of individual may reestablish occupancy of any individual living site until at least thirty (30) days following their departure. The county reserves the right to inspect occupancy records of the park to ensure enforcement of this condition.

(12)

Single-family and multifamily residential (CT, OMI, RMF-T).

a.

Any property that was zoned CT or prior to October 7, 1997, shall have a residential density of fifteen (15) units per acre. Any property that was zoned OMI prior to October 7, 1997, shall have a residential density of ten (10) units per acre. Any property that was zoned RMF-T prior to October 7, 1997, shall have a residential density of six (6) units per acre.

(13)

Subdivided lots with fifty-foot wide frontage and five thousand (5,000) square foot lot (RSF, MHC).

a.

The property must be located inside the urban service area.

b.

Must meet the base density of the property.

(Ord. No. 2014-070, § 1(Exh. A), 11-25-14; Ord. No. 2015-019, § 1(Exh. A), 4-28-15; Ord. No. 2015-057, § 1(Exh. A), 12-8-15)