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HomeMy Public PortalAboutOrdinance 1830 - LDC AmendmentsORDINANCE: 1830 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE AMENDMENT OF PORTIONS OF CHAPTERS FOUR, FIVE, SIX, AND SEVEN OF THE LAND DEVELOPMENT CODE; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1 — AUTHORITY. The authority for enactment of this ordinance is Section 166.041, Florida Statutes and The City of Crestview Land Development Code. SECTION 2 — LAND DEVELOPMENT CODE AMENDMENTS. Chapters four, five, six and seven of the Land Development Code are to correct and revise various elements of the Code that are not consistent with the original intent of the Code. Additionally, these amendments create standards for various types of development that exist within the City currently, and that are likely to develop in the future (Townhouses, Duplexes, and Food Truck Sites). The intention of these amendments are to correct standards that were erroneously excluded from the original code, and add those which are consistent with development that currently exists in the City. Section 4.06.00 — Land Uses Permissible in each zoning district is hereby amended by the addition of supplemental standards for townhouses and food truck sites, as attached. Section 5.05.14 — Recreational Vehicles and Park Trailers is hereby amended to correct a code reference that has since changed since the adoption of the Land Development Code, as attached. Section 6.01.02 — Residential Design Standards is hereby amended by the addition of subsection M, providing for additional duplex standards, as attached. Section 6.08.08 — Requirements - Right-of-way Landscape Buffer Yard is hereby amended to remove shrub requirements in subsections D and E as well as amend Table 6.08.08 - Required Buffer Widths, as attached. Section 7.01.01 — Generally is hereby amended to remove contradictory language within subsection C, as attached. Section 7.01.02 — Accessory Buildings is hereby amended by the addition of subsection D, and the amendment of subsection A to improve readability, as attached. Section 7.01.03 — Fences is hereby amended by the revision of footnote 10 and addition of footnote 11 to table 7.01.03 - Standards for Fence Heights, to allow the fence placement requirements to better conform to the original intent of the code section, as attached. Section 7.03.01 — Detached Accessory Dwellings in Residential Zoning Districts is hereby amended by the addition of exceptions to the originally adopted language that was not in accordance with the original intent of Section 7.03.01, as attached. Section 7.05.00 — Supplemental Standards for Special Exception Uses is hereby amended by the addition of sections 7.05.07 and 7.05.08, as attached. Section 7.06.02 — Mobile Food Dispensing Vehicles is hereby amended to remain compliant with Section 509.102, Florida Statutes. 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 immediately upon its adoption. PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA ON THE 13711 DAY OF . ] 4e �.�.�j , 2021. ATTEST: ELIZABETH M. ROY City Clerk APPROVED BY ME THIS J. B. WHITTEN Mayor DAY OF 4.06.00 - LAND USES PERMISSIBLE IN EACH ZONING DISTRICT A. How to read the Table of Permissible Uses (Table 4.06.00) 1. Within the Table 4.06.00, the letter "P" indicates that the land use is permissible, subject to compliance with the standards of the zoning district. 2. The letter "S" indicates that the 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 Chapter 7. 3. An empty cell indicates the use is prohibited. 4. Reference back to 4.05.00B3 for uses not allowed in the Downtown Overlay District. 5. Any use that is not identified in Table 4.06.00 is prohibited unless it is found to be substantially similar by the Planning Administrator. a. 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 4.06.00. Examples of characteristics to be considered include the following: (1) Typical hours of operation; (2) Use of outdoor storage; (3) Trip generation rates; (4) Generation of noise, light pollution, odor, smoke, electromagnetic interference, or vibration; and (5) Customary activities associated with the use. b. A requested use shall be consistent with the Comprehensive Plan. c. A requested use shall be consistent with the purposes of the zoning district applicable to the parcel. d. The administrative interpretation of uses shall be subject to appeal, as set forth in Chapter 9. Table 4.06.00 - Permissible Uses in Each Zoning District Principle Land Use Zoning District R-1 R-2 R-3 MU C-1 C-2 IN P E Residential Uses Single-family dwelling P P P P Duplex or Triplex P P Multifamily / Apartments / Condos P P P Townhouse S 7.05.08 S 7.05.08 Manufactured homes P P P P Manufactured home community S 7.05.06 Non-Residential Uses Alcohol package store (no consumption on premises) P P Animal hospital or veterinary clinic P P Arenas, band shell, amphitheater, outdoor performance area P P P Artisan studio P P P Asphalt or concrete plant P ATM kiosk P P P P P Bait and tackle P P P Principle Land Use Zoning District R-1 R-2 R-3 MU C-1 C-2 IN P E Barber, beauty salon, nail salons, aesthetician, and other similar uses P P P Bed and breakfast lodging P P P Building materials, building supply, enclosed lumber yard P P P Business support services, such as copying, mailing, printing, private mail service P P P P Car wash or detailing facility P (7.05.01.B) P P Cemetery P Community Center, club, or lodge P P P Commercial recreation, including bowling, laser tag, video arcades, go karts, and other similar uses P P Residential subdivision public community/amenity center P P P P Cultural facility, such as library, museum, or gallery P P P Day-care (child), nursery school, kindergarten, or pre- kindergarten P P Day-care (adult) P P Distribution centers, may include warehousing, dispatch offices, vehicle yards P P Essential public / municipal services P P P P P P P P Farmer’s market, outdoor sales, roadside vendors P P P P Financial institutions, banks, credit unions, brokerages, no drive- up window P P Principle Land Use Zoning District R-1 R-2 R-3 MU C-1 C-2 IN P E Financial institutions, banks, credit unions, brokerages, with drive-up window P P Food stores, specialty, such as bakeries, candy, ethnic groceries, catering services P P P Food Truck Sites S 7.05.07 S 7.05.07 S 7.05.07 S 7.05.07 Fortune tellers and psychics P P Freight and moving companies P (7.05.01.B) P P Fuel/gasoline station, may include convenience store, restaurant, automotive supplies, but not repair P (7.05.01.B) P P Funeral homes, mortuaries, crematoria P (7.05.01.B) P Garden, community or neighborhood P P P P P P P Golf course P P P P Grocery store, supermarket P P Group home, congregate living facility and similar uses P P P Health clubs, exercise clubs, spas, gyms P P P Hospital P P P P Hotels, motels, inns and similar lodging facilities P P Ice vending machine P P P P P Industrial uses, heavy industry with nuisance factors, such as odor, noise, vibration, electronic interference P Junk or salvage yards, recycling facilities P Kennel with outdoor runs P (7.05.01.B) P Kennel, no outdoor runs P P (7.05.01.B) P P Principle Land Use Zoning District R-1 R-2 R-3 MU C-1 C-2 IN P E Laboratories, medical P P P Laboratories, industrial P P Landscaping materials sales: plants, stone, mulch, gravel, supplies, greenhouse, nursery yards P (7.05.01.B) P P Laundry facility, self- service P P P P Lounge, bar or nightclub P P Light manufacturing, light assembly, fully enclosed building, no nuisance factors P P P P Heavy manufacturing and intense industrial activities including production, fabrication, assembly, outdoor storage, with nuisance factors P Medical and dental clinics, outpatient facilities P P Medical facility for recovery or rehabilitation services, includes substance abuse center, physical or mental rehabilitation, overnight stays P P Medical marijuana dispensary, Drug stores and pharmacies S 7.05.02 S 7.05.02 Nursing home or convalescent facility, overnight stay P P P P Offices, general, includes offices for trades or construction businesses P P P P Parking lot or parking garage, commercial P P P Pawnshops P P Personal services, such as jewelry repair, shoe repair, tailoring, dry cleaning pick-up center P P P Principle Land Use Zoning District R-1 R-2 R-3 MU C-1 C-2 IN P E Professional offices, accounting, government operations, legal services, bookkeeping, realtors, brokers, insurance, etc. P P P Recreational camping S 7.05.03B S 7.05.03B S 7.05.03 S 7.05.03 Recreational vehicle park S 7.05.04 S 7.05.04 S 7.05.04 Religious facility P P P P P P P P Repair shops, small equipment, small appliances P P P Restaurants, drive- through and fast food P P Restaurants, (drive- through not allowed) P P P Retail shops, freestanding or within centers, includes department stores or specialty shops such as art, antiques, furniture, florist, appliances, jewelry, media, office supplies, automotive supplies, etc. P P P Retail, large-scale discount establishments, big- box stores P P RV, motor homes, travel trailers, or manufactured home sales lot P (7.05.01.B) P P Schools: academic, charter, public or private P P P P P P P Schools: business, commercial, trade, vocational P P P P P Self-storage, mini- storage facilities P P P P Stone, granite, monument sales P (7.05.01.B) P Studios for personal instruction, such as music, dancing, art or photography P P P Tattoo parlors and body-piercing studios P P P Principle Land Use Zoning District R-1 R-2 R-3 MU C-1 C-2 IN P E Terminals, bus, transit, includes truck stop P P Theaters, movie or performing arts P P Towers, radio, TV, telecommunication S 7.05.05 S 7.05.05 S 7.05.05 S 7.05.05 S 7.05.05 S 7.05.05 S 7.05.05 S 7.05.05 Trades, maintenance services, and heavy repair services, including outdoor storage, equipment yards, machine shops, welding shops, towing services P P Uses that are adult- oriented, including bookstores, movie stores, theaters, entertainment, and retail stores P Vehicle: repair, body shop P P Vehicle: sales and rentals, including automobiles, trucks, and motorcycles P (7.05.01.B) P Vehicle: construction, heavy equipment sales and rental P P Vehicle: storage yards P (7.05.01.B) P Warehousing, not including self-services storage P (7.05.01.B) P P Wholesalers P (7.05.01.B) P 5.05.14 - Recreational Vehicles and Park Trailers A. General. Permanent placement of recreational vehicles and park trailers is not permitted. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: · 1. Comply with the outside storage and temporary use as shown in the City of Crestview Code of Ordinances Chapter 38, Article VIII – Vehicle Storage; and 2. Be on the site for fewer than 180 consecutive days; and 3. Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches. 6.01.02 - Residential Design Standards All single-family dwellings, whether site-built or built off-site and moved onto the lot shall comply with the following design standards. In all cases below, the Florida Building Code, Residential shall be complied with. A. The minimum length and width of the building shall be twenty (20) feet. B. The minimum roof pitch shall be 3:12. C. The minimum roof overhang shall be twelve (12) inches, exclusive of porches and patios. D. All single family dwellings shall be situated on the lot so that the front door of the home faces the front yard. E. The building shall be constructed according to standards established by the Florida Building Code, Residential. F. The exterior siding material shall consist of approved materials in accordance with the Florida Building Code, Residential. Where vinyl lap siding is used, the siding shall not have a glossy surface or be reflective. G. The dwelling shall be attached to a permanent foundation system, including supporting, blocking, leveling, securing, and anchoring the home and connecting multiple and expandable sections of the home. The foundation shall be designed and constructed according to the requirements of the current Florida Building Code, Residential. H. Roof materials shall be any material approved by the Florida Building Code, Residential. I. For dwellings elevated forty-eight (48) inches or less, the area beneath the home shall be enclosed by brick, concrete, wood, rock, vinyl or other materials specifically manufactured for this purpose and shall enclose the space between the floor joists and the ground level, except for the required minimum ventilation and access. Such access shall remain closed when not being used for that purpose. J. For manufactured homes, all tongues, wheels, axles, transporting lights and other towing apparatus shall be removed from the site prior to occupancy. K. For manufactured homes, none manufactured before June 15, 1976 shall be permitted. L. At each exterior door, there shall be a landing that is in accordance with the Florida Building Code, Residential. M. Duplex (two connected single-family dwelling unit) structures 1. May be placed across a single side property line, at the line of unit separation, provided all other zoning requirements and setbacks are observed, and the unit-separating wall meets the appropriate standards of the Florida Building Code and any applicable fire codes. 2. The minimum length and width of each duplex unit shall be twenty (20) feet. 3. All other aforementioned design standards in section 6.01.02 shall be required, other than those that are superseded in this subsection. 4. Each unit in a duplex structure must have its own utility connections. 6.08.08 – Requirements - Right-of-Way Landscape Buffer Yard A. There shall be a continuous landscaped area, a minimum of 10-foot wide, adjacent to all rights-of-way. 1. When parking areas abut ROW Landscape Buffer yards, wheel stops shall be provided to prevent more than eighteen (18) inches of overhang into the landscape area. 2. Sidewalks shall not be located within the right-of-way landscape buffer yard. 3. A maximum of two vehicle accessways, meeting the width requirements of Crestview Engineering Standards Manual, through ROW Landscape Buffer yards, per right-of-way shall be allowed. a. Developments with greater than 500 linear feet of right-of-way frontage shall be allowed one additional accessway through the ROW Adjacent Landscape Yard. b. Accessways shall at no time be less than 50 feet apart, as measured from the centerline of driveway throats of each accessway. B. When a development's disturbed area or project area, does not extend the full length of the right-of-way frontage of the property, the required perimeter landscape may be placed within the dedicated project area only, provided the following: 1. When the remainder of the frontage contains natural growth of native trees, shrubs and grasses to sufficiently create or maintain a visual barrier between the right-of-way and the proposed development. 2. The remainder of the frontage is kept and maintained in its natural state. 3. The landscape plan identifies that the area is to be maintained in a natural state and that when the area no longer provides an acceptable visual barrier, landscaping improvements in keeping with the provisions of this code shall be installed. 4. If this area is developed in the future, then it will be required to meet the requirements of this code. C. Right-of-way adjacent landscape areas shall utilize, to the greatest extent practical, existing trees, provided those trees are identified within the Approved Tree Species List. See Section 6.08.09 for the approved species list and tree protection bonuses. D. Right-of-way adjacent landscape areas shall provide vegetation in accordance with the following: 1. One tree per 25 linear feet, or fraction thereof, of total right-of-way frontage with 50 percent of the trees being a shade species. a. Any required trees deemed to be within the visibility triangle will be required to be planted elsewhere. (Refer to the Crestview Engineering Standards Manual for more information) b. Any trees that would conflict with existing utilities, such as overhead power, shall be planted elsewhere. c. In no case will driveways, utilities, or other such conflicts result in a reduction of the required trees or landscape area. Such required landscape shall be moved elsewhere within the development. 2. The balance of the landscaped area shall be planted with turf grass and other landscaping treatments. E. Side Perimeter Landscape Yards. 1. There shall be a continuous side perimeter landscape yard, a minimum of five-foot-wide, adjacent to the property line, in accordance with the following: a. When there is an existing use on the adjacent property and a buffer yard is not required. b. When there is a planned use on the adjacent property and a buffer yard is not required. c. Cross Vehicle Access-drives meeting the minimum width requirements as per the Crestview Engineering Standards Manual, shall be allowed up to three per side. (1) When not connecting to an existing Cross Vehicle Access drive, landscaping shall be required to meet this Chapter. 2. Side perimeter landscape yards shall provide vegetation in accordance with the following: a. The balance of the landscaped area shall be planted with turf grass and other landscaping treatments. F. Buffer Yards 1. Buffer yards shall generally be located along the outer perimeter of a parcel and shall extend from the property line inward the required width. 2. Buffer yards shall be required between uses with different densities and/or intensities and between different zoning districts in accordance with the following: a. A buffer yard shall be provided in the following situations and/or circumstances: (1) Buffer widths shall be determined based on Table 6.08.08. (a) Where redevelopment of an existing single-family dwelling occurs adjacent to single family or duplex residential development, in conformance with this code and the character of the single-family dwelling is preserved and there are 10 or less required parking spaces, the buffer yard requirement may be satisfied by the placement of an eight-foot tall wood or vinyl/plastic privacy fence around the entire side and rear yards. Table 6.08.08 - Required Buffer Widths R-1 R-2 R-3 MU C-1 C-2 IN R-1 N/A 5 Feet 10 Feet 15 feet 15 Feet 20 Feet 30 Feet R-2 5 Feet N/A 5 Feet 10 feet 15 Feet 20 Feet 30 Feet R-3 10 Feet 5 Feet N/A 7.5 feet 15 Feet 15 Feet 15 Feet MU 15 feet 10 feet 7.5 feet N/A 7.5 feet 10 feet 15 feet C-1 15 Feet 15 Feet 15 Feet 7.5 feet N/A 5 Feet 5 Feet C-2 20 Feet 20 Feet 15 Feet 10 feet 5 Feet N/A 5 Feet IN 30 Feet 30 Feet 15 Feet 15 feet 5 Feet 5 Feet N/A 3. Buffer Yard vegetation requirements: a. The expectation with this section is that a visual and audible barrier or screen is created between dissimilar uses through the use of aesthetically appealing landscaping, fencing, walls, or other methods. b. All plants in the buffer shall be bushes and trees of an approved species that will reach a mature height of no less than 6'. (1) Small shrubs will not be allowed unless coupled with a 6' privacy fence. c. Buffer Yard approved vegetation list. Vegetation not on this list must be approved by the Community Development Services Director, or designee: (1) Japanese privet (Ligustrum japonicum) (2) Azalea (Rhododendron spp.) (3) Japanese cleyera (Cleyera japonica) (4) Pampas grass (Cortaderia selloana) (5) Silverthorn (Elaeagnus pungens) (6) Cherry elaeagnus, Gumi (Elaeagnus multiflora) (7) English holly (Ilex aquiifolium) (8) Chinese holly (Ilex cornuta) (9) Japanese holly (Ilex crenata) (10) Yaupon holly (Ilex vomitoria) (11) Oleander (Nerium oleander) (12) Chinese juniper (Juniperus chinensis) (13) Savin juniper (Juniperus sabina) (14) Rocky mountain juniper (Juniperus scopulorum) (15) Bottlebrush buckeye (Aesculus parviflora) d. Bushes shall be planted sufficiently close so that at full maturity, there will be no visual space between the bushes. e. Walls and fences may be allowed provided they are constructed in such a manner as to create the intended visual and audible barrier. (1) No wall or fence may be constructed less than 6' in height. (2) All fences and walls will require approval from the Building Department. 7.01.01 - Generally Any number of different accessory structures may be located on a parcel, provided that the following requirements are met. A. There shall be a permitted principal structure on the parcel, located in full compliance with all standards and requirements of this chapter. B. All accessory structures shall comply with standards pertaining to the principal use, unless exempted or superseded elsewhere in this chapter. C. Accessory structures shall not be located in a required buffer or landscape area. D. Accessory structures shall be included in all calculations of impervious surface and storm water runoff. E. Accessory structures shall be shown on any concept development plan with full supporting documentation. F. No accessory structures used for industrial storage of hazardous, incendiary, noxious or pernicious materials shall be located nearer than 100 feet from any property line. 7.01.02 - Accessory Buildings Site Development standards for accessory buildings (storage buildings, utility buildings, sheds, greenhouses, etc.). A. Accessory buildings in all zoning districts shall abide by the following requirements and standards: 1. In lots within recorded subdivisions and non-platted lots with a depth less than 250 feet: a. Accessory buildings shall only be placed in side and rear yards and shall be setback three (3) feet from side and rear property lines. b. Accessory buildings on lots facing multiple rights-of-way may be placed in any front yard not abutting the face of the structure containing the front door, up to the required front setback. See figure 7.01.02. c. Accessory buildings closer than ten (10) feet to the principle structure must meet the setbacks of said principle structure. 2. In lots not within recorded subdivisions and with a lot depth of 250 feet or greater: a. Accessory buildings shall be setback three (3) feet from side and rear property lines and shall not be within any required front setback. b. Accessory buildings closer than ten (10) feet to the principle structure must meet the setbacks of said principle structure. Figure 7.01.02. Allowed Accessory Building and Fence Location on Lots Facing Multiple Rights-Of-Way. B. Storage buildings, storage sheds and detached garages in the C-1, C-2 and IN zoning districts that exceed 600 square feet of floor area must provide brick veneer, stone, stucco, or other similar decorative materials to the façade on all sides of the building visible from the public right of way. C. Carports in any zoning district are allowed according to the following requirements: 1. Carports are allowed in front yards but shall not encroach into any front setback and must remain under twenty (20) feet in height. 2. Carports located in any front yard shall not be enclosed on any side. 3. Carports are allowed in side yards up to property line, regardless of distance to the main structure. 4. Eaves of carports shall not extend over any property line. 5. Carports shall be at least three (3) feet from any rear property line. D. Screen rooms, enclosed patios, porch coverings, or any other similar structure are allowed in the R-1, R-2, R-3 and MU zones according to the following requirements: 1. Shall be at least 3 feet from any rear property line. 2. Shall not be placed within any front or side setback area. 7.01.03 - Fences Site Development Standards for Fences, Hedges and Walls A. Location of fences, perimeter hedges and walls. 1. Fences, perimeter hedges and retaining walls may be located on, at, or inside the property line. All fence material must be located on, at or inside the property line, and shall not be located outside of the property line. 2. A fence located on the property line may be shared by adjacent properties. 3. Setback requirements applicable to principle buildings shall not prohibit or restrict the installation of a retaining wall. 4. Fences, perimeter hedges, and walls shall not be located within the required visibility triangle. B. Materials and appearance requirements. 1. Fences and walls must be constructed of wood, masonry, stone, wrought iron, chain link, vinyl, welded wire, or composite materials. 2. All fences shall be installed with the finished side facing outward, except for the following: a. Where a fence cannot be constructed on the property line due to an existing fence on the adjacent property line, the finished side may face inward. b. When an applicant is not granted permission to access the adjacent property to install the fence, the finished side may face inward. 3. A fence installed for security purposes in C-2 or IN zoning may include barbed wire or razor wire, provided that such wire is at least six (6) feet off the ground. C. Electrical fencing may be installed for security purposes and shall meet the following standards: 1. Electrical fencing may be installed on top of a fence in C-2 or IN zoning districts, provided that the electrical fencing is a minimum of six (6) feet above the ground. 2. Electrical fencing may be installed in residential areas provided that such fencing shall be limited to side and rear yards and shall be contained within a fence structure. 3. All electrical fencing shall be accompanied by signs to provide a warning of the type of fence and the voltage of the fence. Warning signs shall be placed at each corner of the enclosed area; additional signs shall be placed fifteen (15) feet apart along the entire fence. Warning signs shall not exceed four (4) square feet in area each. D. Height standards. 1. Fence and wall height shall be measured from the natural grade at the base of the fence to the topmost part of the fence, including any decorations, barbed wire, or other fixtures. 2. The maximum height for a fence on a lot line on a property zoned R-1, R-2, R-3 or MU and adjacent to a property zoned C-1, C-2 or IN shall be eight (8) feet. 3. Fence may contain decorative columns spaced no less than six (6) feet apart that shall not exceed eight (8) feet in height. 4. Height standards provided in Table 7.01.03. Table 7.01.03 - Standards for Fence Heights Zoning District Maximum Height in a Side or Rear Yard (feet) Maximum Height in a Front Yard 1, R-1 8 4 R-2 8 4 R-3 8 4 MU 8 4 C-1 8 4 C-2 8 4 IN 8 6 P 8 6 E N/A N/A 1 Fences on lots facing multiple rights-of-way may be up to 8 feet in height in any front yard not abutting the face of the structure containing the front door, where the fence will not obstruct visibility from any intersection or adjacent driveway, as determined by the Planning Administrator, or designee. 2 Fences that allow for at least 50 percent visibility through the material, including but not limited to chain link, wrought iron, or welded wire, may be up to 8 feet in height. 7.03.01 - Detached Accessory Dwellings in Residential Zoning Districts A. Purpose. 1. The Purpose of this section is to ensure a wide variety of housing choices to city residents and allow opportunities for extended family living. 2. This section provides for detached accessory dwellings, also called accessory apartments, guesthouses, mother-in-law suites, or similar low intensity second housing unit. 3. The intent of this section is to ensure that the establishment of a detached accessory dwelling in a residential zoning district maintains compatibility of the area by minimizing or avoiding potential negative impacts from a secondary dwelling unit. B. Applicability. Accessory dwelling units are permissible in R-1, R-2, R-3 and MU when established in compliance with the standards set forth in this section. C. No more than one (1) accessory dwelling shall be established on any lot, parcel or tract of land. D. Standards for a detached accessory dwelling. 1. A detached accessory dwelling shall not be allowed on a property where the principle structure is a mobile home, trailer, or of any construction that is not a site-built structure. 2. A detached accessory dwelling shall be held to and reviewed against all applicable building codes, fire codes, and life safety codes required for any new construction dwelling unit. 3. Any detached accessory dwelling shall comply with all site development standards for principle dwelling structures required by the zoning district, with the following exceptions: a. Detached accessory dwellings may be placed according to the standards for Accessory Buildings in section 7.01.02. b. Detached accessory dwellings may be less than 20 feet in width. 4. Design standards, roof style and materials, and architectural style of the detached accessory dwelling shall be consistent with the principle dwelling and be built in accordance with the Florida Building Code, Residential. 5. One (1) additional parking space shall be provided. Where on-street parking is established for the neighborhood, on-street parking may be counted to meet this requirement. 6. A detached accessory dwelling shall not exceed 900 square feet or forty (40) percent of the total living area of the principle dwelling on the site, whichever is greater. 7. The existence of a detached accessory dwelling shall not be construed to allow for additional accessory structures on any lot, parcel, or tract of land beyond the number and type of accessory structures permissible with the principle dwelling. 8. There shall be no additional signage to identify the detached accessory dwelling, other than the signage permissible for the principle dwelling. 9. There shall be no additional mailbox, exterior utility equipment, or other evidence of a detached accessory dwelling unit. A detached accessory dwelling unit shall not have separate metered utility service, except as otherwise provided in the Florida Building Code, Current Edition. 7.05.07 – Food Truck Sites A. Sites designated to maintain one or more stationary food truck spaces, which may or may not also include other site development features, such as parking, seating, or any other accessory and amenity structures are allowed with the following restrictions and/or requirements: 1. Zoning. Food Truck Site developments are permitted in MU, C-1, C-2 and IN zoning districts. 2. General site development requirements shall be the same as what is required for the underlying zoning district, with the following exceptions: a. Food truck spaces and any additional structures shall be setback a minimum three feet from any side or rear property line when the development site is not within the Downtown Overlay District, or otherwise be setback the distance of any required landscape buffers. b. Food truck spaces, and any additional structures shall be placed at least 5 feet from any other space or structure. 3. Drive-thru service is prohibited. 4. Minimum Parking Requirements; Location. The parking and loading requirements shall be as follows: a. Two parking spaces required for each food truck space, except: (1) If the development site is inside the Downtown Overlay District or On-Street Parking District. (2) If the development site is within 250 feet of the Downtown Overlay District or On-Street Parking District. (3) The applicant may provide a shared parking agreement from adjacent developments, where such shared parking does not impact the adjacent development’s ability to meet their parking requirement. b. The provision of parking spaces and passenger loading areas for persons who have disabilities is governed by Chapter 553, Florida Statutes. c. Bicycle and pedestrian ways are required, to the standards of Section 8.05.00 of this code. 5. Landscaping and Buffering. A landscaping plan is required to the following standards for landscaping and buffering, which supersede the general landscaping requirements in Chapter 6: a. At least 50% of a given site area must remain open greenspace. A variety of trees, shrubs, bushes or other vegetation must be placed in greenspace areas. b. When development abuts a property containing a one-, two- or three-family dwelling, a minimum required landscaped buffer of seven and one-half (7.5’) shall be required. A greater sized buffer may be required by staff if deemed necessary to protect adjacent property from noise, lights, or other nuisance factors. 6. Alcohol controls. If alcohol is to be sold on-site, controls are required as per the applicable state regulatory agency. The type, design, and appearance requirements of any required controls will be determined during the site plan review process. 7. Utilities. A utility plan showing proposed location and design for water and sewer services, as well as location of any required grease traps shall be provided for each site. 8. Outdoor Refuse Collection and Storage Areas. No outdoor refuse collection or storage area shall be located in a front setback area, and all such areas shall maintain a minimum setback of three feet from any lot line and shall be enclosed and on a paved or concrete surface. 9. Food trucks housed on approved food truck sites are required to have a City BTR but are not required any other City permits. 10. Any noise-generating activity present on the food truck site is subject to the noise regulations in Sec. 30-1 of the Code of Ordinances. 11. Restrooms. Restrooms are required as part of a food truck site, except when public restroom facilities are available within 250 feet of the development site. 12. Site and Development Plan Review. a. For new developments on vacant or unimproved property, a development order is required as per the procedures set in Chapter 3 of this code. b. For modifying existing site developments to add the food truck site use, or add food truck spaces, an administrative permit is required as per the procedures set in Chapter 3 of this code to determine compliance with the requirements of this section. (1) Proposed food truck sites on existing developed sites shall not cause any additional impact to city services (water, sewer, stormwater, etc.) outside of the impacts approved for the the original development order issued. (2) Proposed food truck sites on existing developed sites shall not cause the site to become non- compliant with the site requirements of the original development order issued (parking count, traffic flows, pedestrian ways, etc.). 7.05.08 – Townhouses A. A townhouse is a multi-story single-family dwelling unit attached horizontally to at least one (1) dwelling unit, in a building containing at least three (3) units by a common wall that meets the appropriate standards of the Florida Building Code and any applicable fire codes. B. Townhouse buildings shall sit across multiple lots, with each aforementioned common wall sitting on top of and parallel to the side property lines. Setback requirements shall apply as per the zoning district as the townhouse building relates to the outermost property line for a given project. C. Townhouses and townhouse developments are allowed in the R-3 and MU zoning districts. D. Requirements for townhouse developments 1. The minimum lot area for an individual townhouse unit is 700 s.f. 2. The minimum lot width for all individual townhouse units is twenty (20) feet. 3. Townhouse buildings shall be separated a minimum distance of ten (10) feet. 4. A six (6) foot tall fence shall be provided where a townhouse development abuts a property currently used for single-family or duplex development. The finished side of the fence shall face outward. No fence is required where an alley separates the townhouse development from the single-family or duplex development. Each portion of the fence shall be the property of the owner of the townhouse lot on which it is located; such owner is responsible for maintenance of that portion of the fence. 5. There shall be a maximum of ten (10) individual townhouse units within one (1) structure. 7.06.02 - Mobile Food Dispensing Vehicles A. Applicability. Unless otherwise specified, mobile food dispensing vehicles are allowed in the MU, C-1, C-2, or IN zoning districts on any approved mobile food dispensing vehicle site, within an approved mobile food dispensing vehicle space, and in accordance with the standards of this section. B. Any mobile food dispensing vehicle operating within the City of Crestview is required to have a City of Crestview Business Tax Receipt. C. Requirements for Mobile Food Dispensing Vehicles. 1. Mobile food dispensing vehicles shall be fully self-contained and shall not connect to any utilities (water, sewer, gas or electricity). 2. Mobile food dispensing vehicles shall not sell alcohol unless specifically approved as part of a special event or other permit approved by the City. The alcohol-related restrictions of Chapter 6 of the City Code are applicable unless otherwise authorized by the City Code, or otherwise waived by the City. 3. Except with the express written permission of the City during an authorized special event, hours of operation shall be limited between 7 a.m. and 10 p.m. The person in charge of the mobile food dispensing vehicle when in operation on the developed site must be present at all times during hours of operation. 4. Mobile food dispensing vehicles selling or dispensing food to customers in a moving vehicle or otherwise engaging in drive-up sales is prohibited. 5. A mobile food dispensing vehicle shall not be allowed to be located on any site upon which uncorrected code violations exist, or which is under citation for code violations. 6. The operation of a mobile food dispensing vehicle shall not create or cause nuisance conditions including, but not limited to, displaying flags or unauthorized signage, loud noises, visual glare, flashing or animated lights, shouting or amplified music or sound, excessive fumes or smoke, environmental hazards, and any vehicular or pedestrian hazard. 7. Mobile food dispensing vehicles must not discharge waste, fat, oil, grease or such other similar substances from the vehicle. All such substances related to or generated from the vehicle shall be taken with the vehicle when the vehicle leaves the subject property. 8. Mobile food dispensing vehicles must comply, as applicable, with the standards specified by Chapter 5k- 4.002m Florida Administrative Code, and the U.S. Food and Drug Administrative 2001 Food Code as such codes may be amended from time to time. It is also prohibited and unlawful for a mobile food dispensing vehicle to fail to comply with all state and City traffic and parking, and stopping and standing laws, codes, ordinances, rules and regulations. 9. A copy of the appropriate license(s) issued from the Florida Department of business & Professional Regulation (Division of Hotels and Restaurants) shall be maintained on the mobile food dispensing vehicle at all times along with a copy of a valid City Business Tax Receipt when the vehicle is in operation within the City, and shall be made available for inspection upon request by the City's law or code enforcement officers. 10. The property owner shall acknowledge that the property owner require compliance with all ordinances regarding solid waste disposal and must provide the vehicle access to solid waste collection on the subject property. 11. The property owner shall acknowledge that the property owner require that the vehicle meet all applicable federal, state, and local statutes, regulations, laws, ordinances, rules and codes including, but not limited to, applicable land use and zoning requirements regarding the subject property. 12. The property owner shall acknowledge that the property owner understands the regulations governing mobile food dispensing vehicles and will be held responsible, along with the vehicle owner, for any code violations. 13. The property owner shall acknowledge that the property owner ensures that the property will be continuously maintained in a neat, clean and orderly manner, and that the mobile food dispensing vehicle shall be limited to operating as a temporary accessory use on the subject property. 14. The subject property must be a developed site. The subject property must not be vacant or unimproved. 15. Any proposed Mobile food dispensing vehicles must be within the site setback lines, as required by the zoning district 16. Mobile food dispensing vehicles must not cover or otherwise render unusable any quantity of parking spaces that would cause the site to have insufficient parking for their primary use as required by Chapter 8 of the City Code. 17. Mobile food dispensing vehicles must not obstruct or interfere with vehicular or pedestrian traffic, building access, fire lanes, crosswalks, driveways, fire hydrants, loading areas, stormwater drainage systems, or landscape buffers associated with the principle use. 18. Outdoor dining areas are prohibited including, but not limited to, tables, chairs, booths, bar stools, benches, and standup counters, except if dining areas are allowed with express written permission of the City during an authorized special event. 19. No additional signage shall be permitted on the proposed site related to the mobile food dispensing vehicle except as to signage permanently affixed and displayed on the vehicle. 20. Amplified music or other sounds from any mobile food dispensing vehicle or from audio equipment installed on the proposed site by the property owner or person in charge of the vehicle for purposes of vending, attracting or encouraging the congregation of customers shall be prohibited. 21. The grounds around any mobile food dispensing vehicle, and within any mobile food dispensing vehicle space shall be kept free of litter, trash, paper and waste at all times. Waste containers shall be provided, and all trash shall be taken with the vehicle when the vendor leaves or with the permission of the property owner, placed inside a commercial dumpster in use and located on the proposed site. D. Penalties. 1. Owners and operators of mobile food dispensing vehicles, and property owners on which such vehicles operate, shall be joint and severally liable for any violations of this section. The penalty provisions set forth in section 1-11 of the City Code shall apply to violations of this section.