§ 72-290. Additional regulations for certain permitted principal uses.

The following additional regulations shall apply to specific permitted principal uses in all classifications where so permitted:

(1)

Adult bookstores and adult theatres.

a.

Additional restrictions for location. Adult bookstores and adult theatres shall be permitted principal uses in the I-1 classification, subject to the following additional location requirements:

1.

No adult bookstore or adult theatre shall be located within 400 feet of any area of the county classified as C, P, FR, RC, A-1 through A-3, RA, RR, R-1 through R-9, MH-1 through MH-8, OUR, OTR, AP, SWC, SWR or PUD, unless the adult bookstore or theatre is a part of the PUD.

2.

No adult bookstore and adult theatre shall be located within 1,000 feet of any other such adult bookstores or adult theatres.

3.

No adult bookstore or adult theatre shall be located within 400 feet of any church, public school, public park or recreational facility, or public school bus stop.

The distances above, shall be measured from property line to property line, without regard to the route of travel.

(2)

Automobile service stations. The following regulations shall apply to automobile service stations, types A, B and C:

a.

Location of principal and accessory structures. No accessory structures shall be erected closer than ten feet to a street or within the landscape buffer area, whichever is wider. If accessory structures are erected within any front yard, they shall be removed before the property is converted to a use other than an automobile service station.

b.

Points of access. The number of points of access for one automobile service station shall be governed by the Land Development Code [article III].

c.

Landscape buffer requirements. Where lots to be used for service stations abut any property zoned for residential use, a landscaped buffer area meeting the requirements of section 72-284 shall be constructed.

d.

Permanent storage of materials, merchandise and equipment. All materials, merchandise and equipment, other than motor vehicle fuels, shall be stored within the principal building.

e.

Trash facilities. Adequate, enclosed trash storage facilities shall be provided on the site.

f.

Parking of vehicles or vehicles offered for sale [or] rent at types A and B stations only. Wreckers, service or customer vehicles, or vehicles offered for sale or rent, may be parked on the premises, but shall be parked in a manner that will not create a traffic hazard or interfere with any vehicular maneuvering area necessary for gasoline pump areas, service bays, or with any required off-street parking spaces. No more than two motor vehicles may be offered for sale on the premises at any one time unless otherwise authorized by the provisions of this article, and in conformity with all applicable state regulations.

A truck or trailer rental service, established primarily for the transporting of household goods, shall be permitted, subject to the following:

The required minimum lot area shall be increased by 480 square feet for the parking of each rental truck proposed, and 50 square feet for each rental trailer proposed.

On corner lots, no vehicles offered for sale or rent shall be parked within a yard abutting a street.

g.

[Repealed by Ord. No. 98-25, § XXXVII, 12-17-98].

(3)

Community residential homes. Dwellings of six or fewer residents which otherwise meet the definition of a community residential home are permitted principal uses and structures in all single-family and multiple family zoning classifications and residential areas of PUD, provided that such homes comply with all appropriate requirements of this article and are not located within a radius of 1,000 feet of another existing such home with six or fewer residents. The sponsoring agency or licensing entity, as authorized in F.S. ch. 419, shall notify, in writing, the county manager at the time of occupancy that the home is licensed.

When a premises that is classified as R-7, R-8, or is within a multiple family residential use area of a the OCV, OMV, OUR, or PUD classifications has been selected by a sponsoring agency as a site for a community residential home of seven to 14 residents, then said agency shall comply with the notice and siting requirements set forth in F.S. § 419.001.

(4)

Package sewage treatment plants and/or package water treatment plants. Package sewage treatment plants and/or package water treatment plants intended to serve individual subdivisions or projects that require site plan review shall be considered accessory uses and structures. A package sewage treatment plant and/or package water treatment plants may be permitted only if the establishment of said plant is consistent with the applicable provisions of the comprehensive plan. Said package treatment plants shall be designed and constructed to conform with the provisions of subsection 72-293(1) and other applicable regulations, including the Land Development Code [article III]; but the requirements for submitting a special exception application shall be waived.

All other package sewage treatment plants and/or package water treatment plants shall conform to the special exception application procedures.

(5)

Publicly owned parks and recreation areas. Location of principal and accessory structures: No buildings, bleachers, dugouts, restrooms, concession stands, off-street parking areas or other structures, shall be located less than 20 feet from any property line. Edges of playing fields and courts shall be located no closer than 20 feet from any property line.

(6)

Publicly owned or regulated water supply wells. All publicly owned or regulated water supply wells must be permitted by the Saint Johns River Water Management District, and meet the requirements of the Volusia County Land Development Code, Ordinance No. 88-3, as amended [article III].

(7)

Outdoor sales related to principal permitted uses. This section shall not be deemed to further restrict legitimate curb markets, flea markets, garage sales that otherwise meet the requirements of this article, and shall also not restrict the special provisions for Speed Weeks, Bike Weeks and Biketoberfest as provided for in section 26-54, Code of Ordinances of the County of Volusia.

a.

An outdoor sale related to a principal permitted use is allowed if:

1.

Operated from an approved building;

2.

Conducted by the owner or lessee of the premises;

3.

Limited to the goods and services normally offered by the owner or lessee, or goods and services that are seasonal in nature;

4.

Consistent with the zoning for that parcel;

5.

Required access to the premises is not hindered;

6.

Parking spaces are not reduced to less than the required minimum.

b.

Outdoor sales on public rights-of-way, landscape buffers and vacant lots are prohibited.

c.

This section shall not affect the itinerant merchant provisions contained in chapter 26, article III, of the Code.

(8)

Temporary outdoor sales.

a.

Prohibitions. Temporary outdoor sales are prohibited:

1.

Upon any land used for an automobile service station;

2.

Within any environmentally sensitive land;

3.

Upon vacant land or within any right-of-way, regardless of zoning classification;

4.

Within any required landscape areas or buffer;

5.

Within required yard areas or driveway;

6.

Within required vehicle or pedestrian circulation areas;

7.

Within any handicapped accessible paths;

8.

Within any required parking spaces or loading zones.

The sales, rental, leasing and display of automotive, motorcycle and mobile recreational shelters are prohibited.

The alteration, clearing or development of vacant land, alteration of wetlands, or impact to trees to accommodate any temporary outdoor sale is prohibited.

b.

Temporary outdoor sales may be permitted:

1.

In public use and commercial zoning classifications and in residential areas with approved houses of worship;

2.

When located upon the same or a contiguous lot or parcel as an existing retail business under the same ownership, which is currently in operation in compliance with all appropriate Volusia County Land Development Code and Zoning Ordinance requirements;

3.

When subordinate and accessory to an existing retail business.

c.

Requirements:

1.

Adequate off-street parking shall be provided for both the existing business and the temporary outdoor sales use based upon the current parking requirements of the zoning ordinance.

2.

Proper and safe vehicular and pedestrian ingress and egress to the property and outdoor sales site are required. Vehicular and pedestrian access including parking for the property and the temporary outdoor sale shall meet the requirements of division 6 of the Volusia County Land Development Code, [article III, herein], as amended.

3.

A current occupational license shall be required for both the business owner and person conducting a temporary outdoor sale.

4.

A special building permit is required to erect all tents used for temporary outdoor sales purposes.

5.

Tents and related equipment and services shall be inspected and approved before open to the public.

6.

Electrical permits shall also be obtained and approved as required by the Florida Building Code.

7.

The total number of temporary outdoor sales per site, lot or shopping center during a calendar year is limited to six.

8.

The maximum time limit per site or lot for both holiday sales and all other temporary outdoor sales events shall be 60 days per calendar year. The time limit includes, setup and dismantling of all activities, sales displays and merchandise and completion of all site cleanup activities.

9.

Temporary outdoor sales events are limited to: New Year's, Memorial Day, Fourth of July, Labor Day, Halloween, Thanksgiving and Christmas. The sales event shall only be operated two weeks before, to three days after any of the holidays listed above, excepting that temporary outdoor sales shall be permitted throughout the period between Thanksgiving and Christmas.

d.

Application requirements:

1.

Applications for temporary outdoor sales events shall be submitted at least 30 days prior to the proposed sale.

2.

Applications and related exhibits shall be signed and complete upon submission.

3.

Required application data:

i.

A written, dated, notarized permission letter from the property owner or the designee granting permission to utilize the site for temporary outdoor sales for a specified time period. The letter shall be dated no earlier than two months prior to the date of submission.

ii.

A legible, accurate, scaled site plan or property survey and written information showing the property address, property tax parcel number, property zoning classification, name, address and daytime telephone number of the applicant and property owner, the intended sale, the dates and hours of operation and property boundaries, dimensions and acreage.

iii.

Building permit applications shall include a certificate from an acceptable testing laboratory as referenced in the Florida Building Code certifying that the tent, decorative materials and tarpaulins meet requirements for flame resistance tests prescribed for accelerated water leaching and accelerated weathering in National Fire Protection Association 701.

e.

Application approval or denial criteria:

1.

The zoning enforcement official shall not review, act or approve any improper, incomplete or illegible temporary outdoor sales application.

2.

The zoning enforcement official shall make a final decision on the approval or denial of each request for a temporary outdoor sale. In approving or denying a proposed temporary outdoor sale, the zoning enforcement official shall consider the following:

i.

Property location and zoning classification.

ii.

Sale hours and dates of operation.

iii.

Vehicular and pedestrian access, traffic circulation and flows.

iv.

Location, number and adequacy of driveways, off-street parking spaces and off-street loading areas to safely accommodate the proposed outdoor sale.

v.

Maintenance and means of providing safe ingress and egress to the property, sales site and adjacent buildings.

vi.

Anticipated impacts on public facilities, public health, safety and welfare and adjacent properties.

vii.

Compliance with the requirements of this section and other applicable county code requirements.

viii.

The zoning enforcement official may impose reasonable restrictions and conditions of approval.

f.

Penalty: Violation of this section may result in the imposition of penalties pursuant to subsection 72-341(f).

(9)

Marinas. The following standards shall apply to marinas:

a.

Contain sufficient uplands to accommodate support facilities such as adequate parking, dry storage, work areas, stormwater management facilities and other nonwater dependent uses.

b.

Facilities shall be designed to maximize or improve water circulation patterns and shall not adversely affect existing circulation patterns.

c.

Any buffer zones established by FDEP's shellfish environmental assessment section shall be maintained and where necessary, enhanced or expanded.

d.

Prior to the operation of any new marina fueling facility or expansion of an existing facility, a fuel management/spill contingency plan shall be approved by the applicable governing authority. The plan shall describe methods to be used in dispensing fuel and all the procedures, methods, and materials to be used in the event of a spill.

e.

In the event new boat slips are constructed, sewer pump-out service and facilities shall be available and accessible.

(10)

Farm animals and fowl. It shall be unlawful for any person to keep, harbor, breed or maintain upon any premises not zoned for agricultural use or otherwise excepted in accordance with section 72-307 or elsewhere within this article, any of the following: Bees, roosters, peacocks, horses, ponies, cattle, goats, pigs, or other livestock, pigeons, ducks, or other fowl. Any person who violates the provisions of this section shall be liable in accordance with subsection 72-341(f).

(11)

Houses of worship. The following standards shall apply to houses of worship:

a.

No principal or accessory building or structure shall be located less than 50 feet from any property line.

b.

Landscape buffer areas shall be provided along the entire length of and contiguous to every property line in accordance with section 72-284.

c.

Notwithstanding the provision of subsection 72-286(1), off-street parking and loading, areas shall be surfaced with brick, asphalt, bituminous, concrete, packed shell or marl material or grass, and shall be maintained in a smooth and well-graded condition. All internal drive aisles and handicap-designated parking shall be constructed of hard or stabilized surfacing material.

d.

There shall be no direct vehicular access from the site directly to any local street, unless deemed necessary for traffic safety purposes under article III of chapter 72 or access to the site is exclusively by a local road.

(12)

Sweepstakes center. No sweepstakes center shall be located in a thoroughfare overlay zone as defined in subsection 72-297(b) or within 1,000 feet of a house of worship, school, park, or day care center. The distance shall be measured from property line to property line, without regard to the route of travel.

(13)

Conservation subdivisions. Additional principal uses and structures may be permitted in conservation subdivisions to support agriculture, silviculture, sales of agricultural products, equestrian boarding facilities, eco-tourism and agri-tourism facilities including guesthouse, bed and breakfast, boardinghouse, boardwalks and trails, environmental interpretive or learning centers, and other nonresidential development pursuant to section 72-547.

(Ord. No. 87-14, § XVII, 6-18-87; Ord. No. 88-2, § XIII, 1-19-88; Ord. No. 90-34, §§ 77, 102, 103, 9-27-90; Ord. No. 92-6, §§ LVI, LVII, LIX—LXII, 6-4-92; Ord. No. 94-4, § LXXXI, 5-5-94; Ord. No. 98-25, §§ XXXVII—XXXIX, 12-17-98; Ord. No. 2004-20, § V, 12-16-04; Ord. No. 2005-02, § IV, 4-21-05; Ord. No. 2008-25, § II, 12-4-08; Ord. No. 2009-18, § I, 7-16-2009; Ord. No. 2010-06, § II, 6-17-10; Ord. No. 2011-06, § III, 3-17-11; Ord. No. 2012-06, § III, 5-3-12; Ord. No. 2013-08, § III, 5-2-13; Ord. No. 2015-02 , § III, 3-5-15; Ord. No. 2018-04, § VI, 4-17-18; Ord. No. 2018-13, § I, 7-24-18)