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HomeMy Public PortalAbout1769-Recreational Camps Special ExceptionORDINANCE NO. 1769 AN ORDINANCE PROVIDING FOR ESTABLISHMENT OF A SPECIAL EXCEPTION FOR RECREATIONAL CAMPS; PROVIDING PROCEDURES AND REQUIREMENTS FOR APPLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA: SECTION 1 — AUTHORITY. Pursuant to Chapter 163 of the Florida Statutes, the City of Crestview possesses the authority to enact land development regulations necessary and desirable to implement the City's adopted comprehensive plan, including regulation of the use of land, ensuring safety and health of residents and protection of environmental resources. SECTION 2 — CREATION OF SPECIAL EXCEPTION WITHIN THE LAND DEVELOPMENT CODE FOR RECREATIONAL CAMPS AND RECREATIONAL VEHICLES. Within Article XII, Chapter 102, Land Use Regulations, there is hereby created the following section 102-221: Sec. 102-221 — Special Exceptions. (a) Recreational camps. Recreational camps are allowed by special exception in the Agriculture (A), Commercial (C-1), Industrial (M) and Conservation (C) districts in accordance with the following standards. (b) For purposes of this subsection, "Recreational camp" or "Recreational camps" means one or more buildings or structures, tents, trailers, or vehicles, or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational or other non-profit purposes. (c) The minimum lot area within the A, C-1 or M districts shall be 40 acres. In the C district the minimum lot area shall be 80 acres. (d) Recreational camps in the C district may only be allowed in accordance with an approved management plan. The management plan shall be prepared at the expense of the applicant by a person or persons qualified in the appropriate fields of study, and conducted according to professionally accepted standards. At a minimum, the management plan includes the following: (1) Description of goals and objectives based on type of natural resources to be managed; (2) Description of all proposed uses, including existing and any proposed physical and access improvements; (3) Description of prohibited activities, such as mowing in wetland buffers, or removal of native vegetation in protected habitat areas; (4) Descriptions of ongoing activities that will be performed to protect, restore, or enhance the natural resources to be protected. This may include: a. Removal or control of invasive vegetation and debris; b. Replanting with native vegetation as necessary; c. Provision for listed species habitat needs, including restricting, at appropriate times, intrusions into sensitive foraging, breeding, roosting, and nesting areas; d. Fencing or other institutional controls to minimize impact of human activities on wildlife and vegetation, such as predation by pets; Maud 99 of 228 e. Prescribed burning, thinning, or comparable activities performed in an environmentally sensitive manner to restore or maintain habitat; f. Cooperative efforts and agreements to help promote or conduct certain management activities, such as cleanups, maintenance, public education, observation, monitoring, and reporting; g. Any additional measures determined to be necessary to protect and maintain the functions and values of conservation areas in conjunction with wildfire mitigation; h. Set of schedules, estimated costs, staffing requirements, and assignments of responsibility for specific implementation activities to be performed as part of the management plan, and identification of means by which funding will be provided; i. Performance standards with criteria for assessing goals and objectives; j. Five-year monitoring plan with schedule and responsibility; k. Ownership and party responsible for management activities; 1. Provision for changes to be reviewed and approved by the City; and m. Contingency plans for corrective measures or change if goals not met, and recognition of City enforcement authority. (e) The maximum density of cabins, lodges and/or tent campsites shall not exceed one per five acres. Density shall be calculated as gross density and include all land area exclusive of major water bodies starting at the high water mark. (f) Cabins or lodges shall comply with the Florida Building Code and must contain a minimum of 250 square feet of floor space per occupant with a maximum capacity of 10. Use of mobile homes or recreational vehicles for lodging is prohibited. (g) A single permanent residence is allowed. (h) All structures, cabins and tent sites shall be setback a minimum of 200 feet from the property line. (i) Vehicular access shall be from a paved public roadway. (j) A unified plan for water distribution and wastewater disposal meeting the requirements of the Health Department shall be provided as part of any application for a recreational camp. (k) Sanitary facilities including showers, toilets, and sinks shall be provided. Potable water from a municipal water supply shall be used for such sanitary facilities, unless the facility is served by a private well registered, approved and tested by the Department of Health as a limited use public water system. (1) Recreational carnps for five or more members of the public as defined in Section 513.01, Florida Statutes, are subject to the provisions of Chapter 513, Florida Statutes and shall not be permitted as a special exception unless the Department of Business and Professional Regulation has issued a permit for such activity and such permit remains valid and current at all tunes and such property meets every provision of this section not in conflict with the requirements of Chapter 513, Florida Statutes. (m)Any violation of this section, including a property owner's operating or allowing unpernnitted recreational camps shall be punished as provided for in section 1-11 of the City Code and each day that such condition continues is regarded as a new and separate offense. (n) Recreational vehicle parks. Recreational vehicle parks ("RV Parks") are allowed by special exception in the Agriculture (A), Commercial (C-1), Industrial (M) and Conservation (C) districts in accordance with the following standards. (o) Definitions. (1) "RV Park" or "RV Parks", for purposes of this subsection, means one or more buildings or structures, tents, trailers, or vehicles, or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for profit. Plaaee200 of 228 (2) "Unit" or "Units" means one trailer or one vehicle used as living quarters for one or more resident or transient members of the public. (3) "Tent" or "Tents" means a portable shelter of cloth or other material, whether designed for camping or fabricated for some other purpose, used for storage or as living quarters for one or more resident or transient members of the public. (p) Minimum lot size and density. The minimum lot size and density for RV Parks shall be as follows: (1) if the parcel is accessed directly from a multi -lane or arterial road as defined in the City of Crestview Comprehensive Plan, the minimum lot size shall be 2.5 acres and the maximum allowable density shall be l 8 units per acre, with a maximum of one tent per 25 units. (2) If the parcel is accessed directly from a collector road as defined in the City of Crestview Comprehensive Plan, the minimum lot size shall be 5 acres and the allowable density shall be 9 units per acre, and a maximum of one tent per 25 units. (3) If the parcel is accessed from any road which is not an arterial or collector road as defined in the City of Crestview Comprehensive Plan, the minimum lot size shall be 15 acres and the allowable density shall be 6 units per acre, and a maximum of one tent per 25 units. (4) Density shall be calculated as gross density and include all land area exclusive of major water bodies starting at the high water mark. (5) For cabins or other permanent structures, the density, setback and other requirements of the zoning district in which the property is located shall apply. (6) A single permanent residence is allowed. (7) Cabins and other structures shall comply with the Florida Building Code and must contain a minimum of 250 square feet of floor space per occupant with a maximum capacity of 10. (8) Use of mobile homes for lodging is prohibited, except that one mobile home may be located onsite for an office, resident manager or security watchman if a permanent residence is not located on the property. (q) Vehicular access shall be from a paved public roadway. (r) A unified plan for water distribution and wastewater disposal meeting the requirements of the Health Department shall be provided as part of any application for a recreational camp. (s) Sanitary facilities including showers, toilets, and sinks shall be provided. Potable water from a municipal water supply shall be used for such sanitary facilities, unless the facility is served by a private well registered, approved and tested by the Department of Health as a limited use public water system. (t) Protection of Resources. In addition to the foregoing requirements, RV Parks in the C district may only be allowed in accordance with an approved management plan. The management plan shall be prepared at the expense of the applicant by a person or persons qualified in the appropriate fields of study, and conducted according to professionally accepted standards. At a minimum, the management plan must provide for the following: (1) Description of goals and objectives based on type of natural resources to be managed: (2) Description of all proposed uses, including existing and any proposed physical and access improvements., (3) Description of prohibited activities, such as mowing in wetland buffers, or removal of native vegetation in protected habitat areas; (4) Descriptions of ongoing activities that will be performed to protect, restore, or enhance the natural resources to be protected. This may include: a. Removal or control of invasive vegetation and debris; b. Replanting with native vegetation as necessary; c. Provision for listed species habitat needs, including restricting, at appropriate times, intrusions into sensitive foraging, breeding, roosting, and nesting areas; PReee2G6 of 226 d. Fencing or other institutional controls to minimize impact of human activities on wildlife and vegetation, such as predation by pets; e. Prescribed burning, thinning, or comparable activities performed in an environmentally sensitive manner to restore or maintain habitat; f. Cooperative efforts and agreements to help promote or conduct certain management activities, such as cleanups, maintenance, public education, observation, monitoring and reporting• g. Any additional measures determined to be necessary to protect and maintain the functions and values of conservation areas in con'unction with wildfire miti ation• h. Set of schedules estimated costs, staffing requirements and assignments of responsibility for specific implementation activities to be performed as part of the management plan, and identification of means by which funding will be provided; i. Performance standards with criteria for assessing goals and objectives; j. Five-year monitoring plan with schedule and responsibility: k. Ownership and party responsible for management activities; 1. Provision for changes to be reviewed and approved by the City; and m. Contingency plans for corrective measures or change if goals not met, and recognition of City enforcement authority. (u) Any violation of this section, including a property owner's operating or allowing unpermitted recreational camps shall be punished as provided for in section 1-11 of the City Code and each day that such condition continues is regarded as a new and separate offense. SECTION 3— SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 4 — SCRIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 5 — ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 6 — REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 7 — EFFECTIVE DATE. This ordinance shall take effect on the sixth business day following adoption, unless the Mayor declines to exercise the veto power in writing after adoption. PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA ON THE ATTEST: DAY OF , 2020. PlilaaQ82 of 228 ELI BETH M. ROY 42?" City Clerk APPROVED BY ME THIS 2020. . WHITTEN Mayor DAY OF PRaee208 of 228