Chapter 5. STANDARDS FOR ACCESSORY AND SPECIFIC USES AND STRUCTURES

§ 531. Standards for Specific Uses.

Latest version.

531.1. Agricultural Uses.

All applications for Agricultural and Animal Products Processing Plants, Commercial Stockyards, Short Term Agricultural Uses, Slaughterhouses, and Sawmills shall meet the following standards.

There shall be no pastures, raising, breeding, and use of farm animals, aquaculture or beekeeping within the RSF, RDD, RMF or RSMH Districts.

One pure-bred pot-belly pig may be maintained, possessed or kept in a single-family detached residence. It must be neutered or spayed and be free from any communicable disease within the species. Upon request by Manatee County, the owner shall verify pedigree providing purebred lineage. Any odor from pig feces detectable at the lot line shall be a violation of this Code. All other pot-belly pigs shall be regulated as farm animals.

All commercial agricultural operations within the CON District must submit Conservation Plans that shall incorporate site specific Best Management Practices (BMP) approved by Manatee County.

Agricultural uses in the WP-E or WP-M Overlay Districts shall require Administrative Permit approval.

A program is required for controlling non-point sources of water pollution originating from any areas disturbed by agricultural facilities and the runoff from which is redirected back into an approved receptor on-site.

No outside storage of equipment or materials shall be located within the front yard setback of the principal structure.

The minimum lot area for small animal specialty farms shall be two (2) acres. No structure or fenced area containing any animals being raised, bred or kept in connection with such use shall be closer than seventy-five (75) feet to any property line, unless such structure is soundproof, in which case, technical evidence and documentation shall be prepared by an engineer or architect to demonstrate to the Building Official that the structure is soundproof. See also Section 531.5, Animal Services (Wild and Exotic Animals).

New short term agricultural uses which are subject to development order approval shall be reviewed and conditioned, when appropriate, to ensure that such uses do not have adverse impacts on adjacent existing or future residential uses.

All applications for a cultivating or processing facility as a component of a medical marijuana treatment center shall meet the following standards.

The minimum distance from the proposed medical marijuana treatment center cultivating or processing facility to the real property that comprises a public or private elementary school, middle school, or secondary school shall be five hundred (500) feet.

The applicant shall furnish a certified specific use survey from a Florida registered engineer or surveyor. The survey shall be performed within thirty (30) days prior to application submittal. The survey shall indicate the distance between the proposed medical marijuana treatment center cultivating or processing facility and the real property comprising any public or private elementary, middle, or secondary school facility within a 500-foot radius.

The distance separation requirement shall be measured from the real property line of the medical marijuana treatment center cultivating or processing facility to the real property line of the public or private elementary, middle, or secondary school.

(Ord. No. 16-24 , § 3(Exh. A-5), 11-15-16; Ord. No. 17-47 , § 3(Exh. A-3), 9-7-17)

531.2. Aircraft Landing Fields.

Aircraft landing fields shall be:

Associated with an on-site agricultural operation, and/or used for crop dusting and similar services;

Used for a personal plane; or

Associated with an "aviation-oriented" development where the aircraft landing field is for use by owners and invited guests only.

There shall be no sale of fuel or sale of maintenance services at an aircraft landing field. Commercial or business activities of aviation related services such as leasing of tie-downs and hangars, operation of a flight school, or the transportation of passengers for consideration shall not be permitted.

Application for aircraft landing fields must be accompanied by documentation that a favorable airspace determination has been issued by the Federal Aviation Administration (FAA), and a favorable preliminary Site Feasibility Inspection Report has been prepared by the Florida Department of Transportation (FDOT).

All aircraft landing fields as herein defined, shall meet the minimum standards of, and maintain a valid license in accordance with, F.S. ch. 330, and Chapter 14-60, Florida Administrative Code, as amended.

Aircraft landing fields shall include the requirements of all airport zones and airspace height limitations except for the TR or Transitional Zones adjacent to the sides of the runway. The Transitional Zones for Aircraft Landing Fields shall intersect with and extend the entire length of all Approach Zones.

A written statement shall be provided detailing all noise abatement procedures, methods, and devices that will be employed in the operation of the facility, and sufficient analysis shall be presented to indicate what adjoining lands will be impacted by the anticipated noise and to what degree.

An aircraft landing field shall be used primarily by the licensee but is available for use by invitation of the licensee.

531.3. Airports.

General Requirements for Airport Siting. Any new airport or any expansion to an existing airport, which would adversely alter the noise impact by generating an expansion or alteration of the noise contours, shall be subject to the siting criteria and restrictions which follow. Aircraft landing fields shall not be considered airports for the purposes of this section, and shall be subject to siting criteria as specified under Section 531.2.

Airports and aircraft flight patterns must be compatible with the regulation for tall towers and structures included in Section 403.2 of this Code including, but not limited to, airports being located a minimum of three and one-half (3.5) nautical miles from a tower identified on the "Airport Zone and Object Height Limitation Map."

Airport runways capable of being used by turbojet or turboprop aircraft shall be located a minimum distance of ten thousand (10,000) feet from any existing or proposed landfill.

Airport runways or approach and departure patterns of an airport shall not be located between a landfill and bird feeding, water or roosting areas. Airport proposals with existing landfills located within the lateral limits of the airport zones described in Section 403.2 will be reviewed on a case-by-case basis.

Airport development and aircraft approach and departure patterns shall not be permitted in an area which would create noise levels greater than 70 Ldn on the breeding, nesting or feeding grounds of endangered or threatened fauna identified by the Florida Game and Freshwater Fish Commission and/or the U.S. Fish and Wildlife Service.

Airport development shall be located in areas where the proposed facility will not adversely impact significant recreational areas, archaeological areas, or areas of historical interest. This shall include, but not be limited to, the prohibition of noise levels of seventy (70) Ldn or greater in these areas.

Airport runways shall be located a minimum distance of three (3) statute miles from any land use which produces significant smoke, glare or other visual hazards.

Airport runways shall be located a minimum distance of three (3) statute miles from existing or proposed lighting or illumination which is arranged and/or operated in such a manner that it is misleading or dangerous to aircraft.

Airport development activity shall be located a minimum distance of two hundred (200) feet from any well permitted as a permanent public water supply.

Airport development shall not be located in an area unless significant natural buffers exist between any existing or proposed residential development and the airport runways, support facilities, parking and maintenance areas.

10.

Airport runways shall not be located in an area where the proposed facility or aircraft flight patterns will create noise levels above sixty-four (64) Ldn on property zoned for residential uses, unless the runway is described as a special exception to the Manatee County Comprehensive Plan (see Policy 8.2.1.4 of the Manatee County Comprehensive Plan). In addition, the facility shall substantially conform to the noise standards for commercial districts contained in Section 540.1 of this Code.

11.

Airport development must be consistent with the Manatee County Comprehensive Plan including, but not limited to, all text and maps within the Aviation Element.

12.

Airports shall be located so that the proposed facility will be served adequately by existing ground transportation without exceeding adopted levels of service unless concurrent improvements are made so that the adopted level of service is maintained. Ground transportation may include public transportation if the Board determines that it is warranted.

13.

Airport development shall only be permitted in areas where the proposed facility can be adequately served by support facilities.

14.

Airports shall be located in an area where the airport operator will maintain land within designated airport clear zones under the controlling ownership of the operating entity. The lease of any such land shall be restricted exclusively to agricultural uses.

15.

Airport sites shall be consistent with State and Regional airport plans.

16.

Airport sites shall be consistent with the Federal Aviation Authority (FAA) site selection criteria.

17.

Airports shall not be permitted in areas which would adversely impact airspace at any existing public, private or military airport.

18.

No application for airport development shall be accepted for any airport located on land regulated by the Watershed Protection Overlay or Coastal High Hazard Overlay districts, unless specifically authorized by a finding of overriding public interest made by the Board.

Airport Development Application. Application for a private or public airport must be accompanied by an application to amend Section 403.2, (Airport Impact (AI) Overlay District) to appropriately apply surfaces. Notice shall be given to all property owners affected by "surface" designation in the manner as if they were abutting property owners. An application for the development of a new or expanded airport regulated under this section shall require identification of the following:

Noise impact areas, including 65, 70 and 75 Ldn noise contours, and based on 5th and 10th year projections of aircraft volume and mix.

Location of noise contours, including 65, 70 and 75 Ldn, based on 5th and 10th year projections of aircraft volume and mix overlaid on a plan which identifies the following items within the noise contours: breeding, nesting or feeding grounds of endangered or threatened fauna as specified herein; recreational, historical or archaeological areas; and existing or proposed residential land uses and natural buffers.

Land uses within three (3) statute miles from any land use which produce significant smoke, glare or visual hazards.

Bird feeding, water or roosting areas within the airport zones described in Section 403.2 of this Code.

Landfills within ten thousand (10,000) feet of the airport boundary.

Antenna towers within three-and-one-half (3.5) nautical miles of the airport boundary.

Lighting or illumination which is misleading or dangerous within three (3) statute miles of any runway.

Public water supply wells on and within two hundred (200) feet of the airport development.

Transportation study based on five (5) year and ten (10) year projections, including any type of public transportation supplied or other forms of mitigation.

10.

Proof of control or the ability to obtain control of all land within the airport clear zones.

11.

Letters from the FAA and FDOT stating that the proposed site is consistent with FAA site selection criteria and State and Regional plans, respectively.

12.

Airport hazard areas.

531.4. Alcoholic Beverage Establishments.

An alcoholic beverage establishment (also known as drinking establishment) may be allowed by Administrative Permit in a mixed use project with two (2) or more uses provided such use is within a designated commercial area of the project. The Developer of such projects shall have provided notification to any residential unit owners, through a Declaration of Covenants, Conditions and Restrictions or other similar recorded instrument, that the nature and use of the commercial establishments may include such uses.

Except at country clubs and mixed use projects with a residential component, outdoor sales or consumption on premises of alcoholic beverages within two hundred (200) feet of residentially zoned or used property require Special Permit approval.

Outdoor sales or consumption on premises of alcoholic beverages may be allowed through Administrative Permit where such residentially used or zoned property is in a 2nd floor or above in a mixed use project with two (2) or more uses. The Declaration of Covenants, Conditions and Restrictions or other similar recorded instrument, shall include a provision noting that the nature and use of the commercial establishments may include alcoholic beverage establishments.

Package sales of beer, wine and other alcoholic beverages are permitted as a convenience retail sales use with the appropriate State license.

(Ord. No. 16-24 , § 3(Exh. A-5), 11-15-16)

531.5. Animal Services (Wild and Exotic Animals).

The intent of this section is to regulate the character, location, and magnitude of the land use aspects of various land uses that involve wild and exotic animals.

The property upon which the facility is located shall have one (1) acre for each wild or exotic animal; and

All necessary state permits shall be obtained for the housing of wild or exotic animals and all the conditions of the state permits shall be met.

531.6. Auction Houses, Open.

No activities associated with this use shall be conducted within two hundred (200) feet of any residentially zoned or developed property unless all sales and storage of merchandise/vehicles are located within an enclosed building.

The applicant shall demonstrate compliance with Chapter 5, Part IV, Adverse Impacts, specifically noise impacts, with submittal of their special permit application. No outdoor public address systems or speakers shall be used within five hundred (500) feet of residentially zoned or used property.

531.7. Bed and Breakfast.

A Bed and Breakfast establishment containing between six (6) and eight (8) rental rooms shall be located on a road designated as collector or higher. Any bed and breakfast establishment with less than six (6) rental rooms may be located on a local residential street.

Bed and breakfast establishments shall provide one parking space per bed for rent, plus one space per employee. Parking shall, where possible, be placed in the rear yard. Drive aisles for two-way travel, when not located adjacent to parking stalls, may be reduced to sixteen (16) feet in width.

Bed and breakfast establishments shall retain the residential character of the neighborhood in which they are located, with relation to size, building coverage, and building design. In residentially zoned areas, only existing residential structures may be converted to a bed and breakfast establishment. New construction shall be prohibited.

Bed and breakfast establishments shall be allowed one (1) wall sign containing four (4) square feet. Such signs shall be designed and colored to maintain the residential character of the neighborhood.

531.8. Breeding Facilities.

All breeding facilities shall be located upon lots having at least ten (10) acres.

All pens, runs, and associated buildings where animals will be housed, trained or fed shall be located at least one hundred (100) feet from all property lines.

All property lines adjacent residential zoning or land uses shall be screened pursuant to the standards of Section 701 and said buffer shall be a minimum width of ten (10) feet.

531.9. Building Materials Sales Establishment.

Lumberyards.

No buildings or outdoor areas used for processing, finishing or cutting shall be closer than fifty (50) feet from all property lines.

All outdoor materials stacked over twenty (20) feet in height shall be set back twenty-five (25) feet from the side and rear property lines.

531.10. Car Washes.

All principal car washing machinery shall be within a completely enclosed building behind opaque exterior walls, except for necessary entrances and exits.

Car washes in GC and NC shall not use outdoor speakers if abutting a residential district.

All self-serve car wash, drying/vacuum areas shall be set back fifty (50) feet from any adjacent residential use/zoning.

All full serve and incidental car wash structures shall be set back at least thirty-five (35) feet from any adjacent residential use/zoning.

All car wash establishments shall meet the drive through stacking requirements of this Section.

531.11. Cemeteries (including Human and Pet).

No grave, monument or building, or similar structure or use shall be closer than twenty-five (25) feet to a perimeter property line of the use.

531.12. Child Care Centers.

Child care centers shall meet NFPA-101 Life Safety Code, and all regulations specified by state law and County regulations.

Child care centers shall have direct access to a public street, including a sidewalk, which will accommodate separate pedestrian and vehicular traffic to and from the use, as determined by the Department Director.

All childcare centers within residential zoning districts shall meet the following criteria. Child care centers that do not meet these criteria may still be allowed but only through Special Permit approval:

The child care center is located upon a roadway classified as a collector or higher on the Roadway Functional Classification Map; and

The child care center is at the edge of a neighborhood, at a corner location or is an integral part of a multifamily development.

Child care centers within nonresidential districts are not required to meet the requirements of C, above.

531.13. Churches/Places of Worship.

Proposed church facilities in agricultural, residential and CRV zoning districts, shall meet the following criteria (churches/places of worship that do not meet the criteria may still be allowed but only through Special Permit approval):

The facility is located upon a roadway classified as a collector or higher on the Roadway Functional Classification Map;

The facility is at the edge of a neighborhood, or at a corner location as permitted by the Department Director, but only upon making a finding that such a location is compatible with the adjacent residential area; and

The proposed parking facilities are setback at least twenty-five (25) feet from adjacent residentially used or zoned property.

If, under the provisions of Section 1005, Off-Street parking, the Department Director approves the use of grassed parking areas, then:

Parking paved with a smooth, dustless surface shall be provided in an amount sufficient to accommodate all employees, and normal weekday visitors and other users. A minimum of twenty (20) percent of all required parking shall be paved; and

All grassed parking shall have adequate permanent means of traffic control to delineate pedestrian and vehicular flow; and permanent markers at the head of each car stall within the parking areas.

531.14. Civic, Social and Fraternal Organizations/Clubs.

No building shall be located closer than forty-five (45) feet to any street line or closer than one hundred (100) feet to any lot line which abuts a Residential District, except RMF.

No off-street parking and loading space shall be located closer than twenty-five (25) feet to any lot line which abuts a Residential District, except RMF.

Where such uses involve golf courses, tennis courts, swimming pools, marinas or any other conditional or accessory use for which standards and procedures are set forth in other applicable sections of this Code, they shall also be subject to such standards and procedures unless those standards are clearly only applicable to commercial uses.

Organizations/clubs within residential zoning districts shall meet the following criteria. Organizations/clubs that do not meet these criteria may still be allowed through Special Permit approval:

The use is located upon a roadway classified as a collector or higher on the Roadway Functional classification Map; and

The use is at the edge of a neighborhood, at a corner location or is an integral part of a multifamily development.

Food, meals, and beverages may be served on the premises, provided adequate dining room space and kitchen space is available.

531.15. Cultural Facilities.

All cultural facilities shall be located either:

On a major thoroughfare (functionally classified as a collector or higher); or

Have direct access to a thoroughfare without traveling through residential areas except in the Cortez Fishing Village HA Overlay District where access through residential areas may be allowed by the Hearing Officer with an approved Special Permit.

All side and rear yard setbacks shall be at least twenty-five (25) feet from the property lines and all parking, loading, or drive aisle shall be set back at least twenty (20) feet from each property line except that in the Cortez Fishing Village HA Overlay District, cultural facilities located in historic structures on lots of record may be permitted to locate drive aisles no closer than five (5) feet from each property line.

All cultural facilities directly adjacent to residential land uses/zoning shall provide a minimum six (6) foot high solid fence to be placed within the required twenty (20) feet setback and one shade tree every thirty (30) feet on center along those property lines adjacent to residential uses/zoning.

531.16. Drive-Through Establishments.

The following standards shall apply to all drive-through facilities, including but not limited to restaurants, banks, drug stores, car washes, and dry cleaners.

All vehicular stacking areas associated with drive through facilities shall be set back at least thirty (30) feet from adjacent residential zoning/uses.

Drive through drive aisles shall be screened from adjacent residential zoning/uses by a six (6) foot solid fence and landscaping equal to sixty (60) percent opacity on the outside of the fence.

On-site traffic circulation shall be designed in such a manner so that no cars are stacked on any rights-of-way, drive aisle or blocking any parking or loading space.

Each stacking lane shall have a minimum width of nine (9) feet. Each stacking space shall have a minimum length of nineteen (19) feet and shall be consistent with the requirements in the Manatee County Public Works Standards Manual.

All drive-through facilities shall provide a by-pass lane, or safe means of egress around drive-through lanes, unless waived by the Department Director due to specific mitigating site or operational conditions.

One-way drive aisles which serve automobile-oriented uses may be reduced to eight (8) feet in width when adequate access for emergency vehicles is provided to the principal entrance of the building by other drives and when not encroaching upon a fire lane or walkway.

Drive-through restaurants within the PDRP or PDI District shall be located on a collector or higher and oriented towards the exterior of the project.

Drive-through facilities not taking advantage of the additional development intensity offered in Chapter 4 for developments along designated urban corridors are not required to meet the standards of Section 902. However, a street wall meeting standards of Section 902.5.G. (Street Walls) shall be provided to screen vehicular use areas. Additionally, the drive-through window(s) shall not face the urban corridor.

(Ord. No. 16-06 , § 3(Exh. A-4), 11-15-16)

531.17. Environmental Land Preserve.

The following uses may be permitted in an Environmental Preserve, subject to approval of those uses in an Environmental Management Plan or General Development Plan:

Agriculture

Animal Rehabilitation Centers

Stables and Equestrian Centers

Restaurants (as accessory to the Environmental Preserve)

Neighborhood Convenience Retail (as accessory to the Environmental Preserve)

Cultural Facilities

Public Community Use

Public Use Facilities

Game Preserve

Land Reserves

Tree Farm

Low Intensity Recreation Use

Passive Recreation Use

Caretakers Residence

Environmental Education Facility

Recreational Vehicle Parks

Recreation Use, Temporary

Accessory Uses and Structures

531.18. Equipment Sales, Rental, Leasing, Storing and Service (Heavy).

No outside storage of equipment or materials shall be located within the required front yard of the principal structure.

The display of equipment for sale may be located within the required front yard, but shall not exceed two thousand (2,000) square feet in size.

All outdoor storage areas shall be screened with a minimum six (6) foot high solid fence. The fence height shall be increased to eight (8) feet if the site is adjacent to a residentially zoned lot. In addition to the fence, landscaping shall be provided along all property lines adjacent to a right-of-way. The landscaping shall achieve a minimum of eighty (80) percent opacity and shall be provided along the exterior side of the fence.

All service activities shall be conducted indoors or in a location not visible from the street.

Farm Equipment and Supply Establishments, and Farming Service Establishments shall also meet the following:

Farm equipment and supply establishments and farming service establishments shall be located on a major thoroughfare street, having a classification of collector or higher.

A perimeter landscape buffer at least ten (10) feet in width and containing at least one canopy tree per forty (40) linear feet and 30 shrubs per one hundred (100) linear feet or major fraction thereof, shall be provided adjacent to residential zoning or land uses. All outdoor storage areas shall be screened from the rights-of-way and residentially zoned property with a decorative, opaque fence at least six (6) feet in height.

All lots containing structures associated with this use shall be set back at least fifty (50) feet from adjacent resident zoning or land uses.

Lawn Care/Landscaping.

All outdoor storage of equipment shall be screened from adjacent residential property by a fence at least six (6) feet in height.

All chemicals, fertilizers, pesticides and associated products shall be set back at least twenty-five (25) feet from all side and rear property lines.

531.19. Farm Worker Housing.

General Requirements. All farm worker housing shall meet the following standards:

Minimum Net Floor Area per Unit. Four hundred (400) square feet.

Minimum Square Footage. Minimum square footage requirements for bedrooms unless greater amounts are required elsewhere:

One (1) occupant = seventy (70) square feet minimum;

Two (2) occupants = one hundred (100) square feet minimum;

Three (3) occupants = one hundred fifty (150) square feet minimum;

Four (4) occupants = two hundred (200) square feet minimum; and

Additional fifty (50) square feet for each additional occupant.

Coastal High Hazard Area. Mobile homes shall be prohibited within the Coastal High Hazard Area Overlay District.

Mobile Homes. If mobile homes are utilized, they shall be underskirted so no support structures are visible.

Notice of Conveyance. Wherever an interest in real property within an area covered by an approved subdivision or special permit for farmworker housing is sold, the seller shall attach to the instrument of sale a notice directing the buyer's attention to such approval (including any amendment) and the area of the lot of record used as a basis for the farmworker housing. The notice shall also generally apprise the buyer of the development rights, requirements, and remedies provided under such approval, under this Code. Such notice shall be on a form approved by the Department Director.

Water and Sewer. All dwellings shall be served by public water and public sewer; or permanent in-ground water and sewer facilities as approved by the Department Director.

Minimum Lot Size. All farmworker housing shall meet the following minimum lot size requirements:

Manufactured Homes—RSMH-6 standards;

Single-Family Detached—RSF-4.5 standards;

Duplex Dwellings—RDD-4.5 standards; and

Multi-Family Dwellings—RMF-6 standards.

State Regulations. All farmworker housing shall also be required to comply with F.S. § 381.008, and Chapter 64E-14, F.A.C.

Spacing. Farmworker housing shall not be located within one (1) mile of any other existing farmworker housing.

10.

Setbacks. In order to maintain the character of existing or proposed development patterns in the area, farmworker housing shall be located on the property so as to minimize any impact on adjacent property. All farmworker housing shall maintain a minimum of five hundred (500) feet from all property lines.

11.

Time Limit. Administrative and Special Permits for Farmworker housing may be approved for a period not to exceed ten (10) years. At the end of this ten (10) year period, the applicant must re-apply for permit approval.

Farm Worker Housing Requiring AP Approval. Farm worker housing requiring Administrative Permit may be approved if it can be clearly demonstrated that there will be minimal or no impact on surrounding property and that all of the following conditions are met:

Location. Farmworker housing must be located on property under active agricultural use and under the same ownership.

Minimum Site Size. Two hundred fifty (250) acres.

Maximum Number of Dwelling Units. Fifteen (15) dwelling units.

Access. Access to the farmworker housing units shall be by direct access from a paved and maintained County, State, or Federal street with adequate capacity to handle the anticipated traffic volume. Access shall comply with the requirements of Chapter 10.

Setbacks. The setback requirement may be increased at the discretion of the Department Director in order to minimize or eliminate any potential visual impact on surrounding existing residential development.

SP Review. Farm worker housing projects which do not meet the criteria for Administrative Permit approval may be approved through Special Permit.

Farm Worker Housing Requiring SP Approval. Farm worker housing requiring SP approval per Chapter 4 shall meet the following requirements and other relevant provisions of this Code:

Minimum Site Size. One hundred sixty (160) acres.

Maximum Number of Dwelling Units. The maximum number of farm worker housing units which may be placed on any one (1) lot or parcel shall not exceed one (1) dwelling unit per five (5) acres. The total number of farm worker housing units per lot or parcel shall not exceed fifteen (15) units.

Access. All farmworker housing shall be located within one-half (½) mile of a major thoroughfare. At a minimum, all farmworker housing shall front upon a local public or approved private street.

Setbacks. The Hearing Officer may increase the minimum setback requirement in order to preserve the character of the area or to minimize any adverse visual impact on existing residential development.

Waivers. The minimum site size and separation requirements noted above may be waived by the Hearing Officer if he/she finds that no public purpose is served by the requirement.

531.20. Flea Markets.

Parking lots shall be paved with a smooth, dustless surface, provided that where determined adequate by the Department Director, no more than fifty (50) percent of the required parking spaces may be grass or other suitable material in overflow and remote locations. Parking spaces in daily use areas directly adjacent to and within one hundred fifty (150) feet of the sales structures shall be paved.

No building or loading area shall be located closer than forty-five (45) feet to any street right-of-way line or closer than one hundred (100) feet to any property line which abuts a residential district.

The flea market shall be served by public water and sewerage; or permanent in-ground water and sewer facilities as approved by Manatee County and the Florida Department of Health.

A fire lane shall be provided adjacent to all entrances and a secondary means of access to the structures shall be provided and maintained for emergency vehicles.

All parking areas shall comply with Section 701, Landscaping, including a minimum of twenty (20) feet of dense tree and shrub screening which shall be required at all property lines to protect the adjacent uses.

Enclosed Flea Market Uses within the PDC District shall be located on a collector or higher and oriented towards the thoroughfare.

Open Flea Market Uses within the PDC District shall be located on an arterial or higher and oriented internally.

531.21. Food Catering.

All outdoor storage areas shall be screened with a six (6) foot opaque fence and a ten (10) foot wide buffer strip with landscaping meeting the requirements of Section 701.

Any accessory loading areas provided with this use shall not be located adjacent to any residential land use. If there is no alternative location, a twenty-five (25) foot setback of these loading areas from the adjacent residential property shall be provided.

531.22. Funeral Chapels and Funeral Homes.

No such uses shall be established except on a parcel of land fronting on, and with direct access to, an existing or planned major thoroughfare. A service drive shall be provided such that the major thoroughfare need not be used for the forming of funeral processions. Such drives shall have direct, but limited, access to the major thoroughfare.

No building shall be located closer than forty-five (45) feet to any street line or closer than forty (40) feet to any lot which abuts a residential district, other than RMF.

No off-street parking or loading space shall be located closer than twenty-five (25) feet to any lot line which abuts a residential district, other than RMF.

531.23. Group Housing, Dormitories and Boarding Houses.

All group housing within an A or A-1 district shall be located on a street designated collector or higher. All boarding houses or dormitories located within an RMF district shall be located on a street designated collector or higher.

Group Housing shall provide a screening buffer of at least ten (10) feet in width meeting the requirements of Section 701.3.B. Boarding houses and dormitories shall meet the requirements of multifamily with regard to Section 701.3.B and buffer width.

Any principal structures associated with a dormitory, boarding house or group housing project adjacent to single-family residential uses or zoning shall meet a thirty-five (35) foot setback on those property lines, when adjacent to residential uses or residential zoning.

Group Housing may provide dining room service.

531.24. Helistops.

Helistops shall not be located directly adjacent to any residential zoning or uses, except in A districts for private residential uses only.

Helistops located in GC and HC districts shall provide a solid fence, along the side and rear property lines.

531.25. Industrial, Light/Heavy/Fireworks/Sparkler Manufacturing

Light Industrial. Light industrial uses shall not create any adverse impacts on adjacent or nearby residential uses.

Fireworks/Sparkler Manufacturing. Fireworks/sparkler manufacturing uses shall meet the following standards.

Emergency Action/Management Plan. The applicant shall provide a copy of their emergency action/management plan with submittal of their application for approval. This plan shall address measures used in assuring the safety of employees, property and adjacent property; evacuation measures if necessary; and any emergency management plans on file within the local fire district.

Setback from Residential. Any structures or portions of structures used for the storage of fireworks, sparklers, or their component parts/ingredients, shall be setback from adjacent residential property by a distance of at least two hundred (200) feet.

Firewall Protection. Adequate fire and firewall protection shall be provided as required by the affected fire district, NFPA 1124, vol. 7, and the Manatee County Building Code.

Code of Ordinances. The manufacture, wholesale, storage and retail sale of fireworks and sparklers shall comply with the provisions of sections 2-21-88 to 2-21-91, Manatee County Code of Ordinances, as amended.

531.26. Intensive Services.

Industrial Service Establishment.

All above ground or underground structures associated with these uses shall be set back from side and rear property lines at least thirty-five (35) feet.

All outdoor storage areas shall be screened with a six (6) foot opaque fence and a ten (10) foot buffer strip on the exterior of the fence, if on a property line.

Exterminating and Pest Control.

All indoor or outdoor storage of pesticides and other chemicals shall be set back at least seventy-five (75) feet from property zoned or used for residential purposes.

Motor Pool Facilities, Taxi Cab, Limousine Service Facilities.

Motor Pool facilities, taxi cab and limousine service facilities shall be located on a major thoroughfare street designated as a collector or higher on the functional classification map.

All outdoor vehicle storage areas shall be screened by a minimum six (6) foot high decorative, opaque fence. These facilities shall also meet the requirements of Section 701.

Storage of vehicles shall be fifty (50) feet from street line and seventy-five (75) feet from residential zoned property.

A filtration system shall be installed as stipulated under Section 801.3.I and located before pollutants enter the retention/detention area.

Sign Painting Service.

All outdoor storage of signs, sign materials, paint materials and other such products used within the sign making/painting process shall be screened from the public right-of-way by a solid six (6) foot high fence or wall. If the site is located adjacent to residentially zoned or used property, then such storage shall be screened by the same type of fence or wall along such property lines.

Any paint booths used in conjunction with this use shall meet all applicable local, state and federal air quality standards. The applicant shall submit air quality monitoring data to address the requirements of Part V of this chapter, Adverse Impacts.

Towing Service Establishments.

Motor vehicles shall not be stored on site for more than ninety (90) days (per vehicle).

There shall be no dismantling, demolition, junking or any type of repair conducted on vehicles stored on the site.

Recreational vehicles, domestic vehicles, and restricted vehicles exceeding eleven (11) feet in height shall not be stored within fifty (50) feet of any property line adjacent to a residential use or zoning district.

531.27. Junkyards.

The minimum lot area for a junkyard shall be five (5) acres.

No junk or salvage vehicle, or other junk or scrap shall be stored or dismantled within one hundred (100) feet of any federal, state or county road, or residential, commercial, office, or other land used for residential purposes; or stored, dismantled, or displayed outside of the fenced area.

The entire area occupied by a junk yard shall be surrounded by a continuous, decorative, opaque masonry, block or wooden fence which shall be at least eight (8) feet in height.

The fence used must be without openings, except for an entrance and exit, which openings shall be equipped with opaque gates at the same height as the fence used. Fences shall not be used for the display of signs or other advertising purposes. The required fence shall be erected and landscaping planted prior to utilization of the property for a junk yard. Failure to maintain said fence will be cause to cancel the operating permit.

All evidence of a junk yard shall be removed by the property owner promptly, but in no case more than one hundred twenty (120) days after its discontinuance as a business enterprise.

An operating permit similar to that specified under Section 702.5 shall be required.

531.28. Lodging Places.

Hospital Guest Houses.

All parking associated with hospital guest houses located in the RMF district shall be located in the rear yard of the facility. If such a location is not feasible due to existing site conditions, such parking will be allowed in the front or side yard with the provision of an additional five (5) feet in width for all required screening or roadway buffers and twenty-five (25) percent more landscaping than is required by Section 701.

All hospital guest houses shall be located on a street designated as collector or higher if the facility provides accommodations for seven (7) persons or more (not including resident staff).

Hotels.

All hotels within an HM district shall be located in the exterior of the project, facing the exterior, not the interior of the site.

Such hotels shall be located on roads designated as collector or higher, unless the site is located within an entranceway.

All hotels within the HM district shall provide a twenty (20) foot wide buffer meeting the requirements of Chapter 7 of the LDC.

Boatels.

Boatels shall be considered water dependent lodging places, and shall be required to meet requirements of the Planned Development Waterfront Zoning District (PDW).

Boatel establishments shall be deemed to be commercial in nature due to the transient nature of the site and shall be subject to Floor Area Ratio (FAR) standards, as established in the Comprehensive Plan and Land Development Code.

Heavy equipment used for the operation of the boatel shall be stored in an area that is screened from view.

Hours of operation for boatel related heavy equipment shall be restricted to the window of time permitted by the Manatee County Noise Ordinance for similar heavy equipment used for construction.

No major repairs or maintenance of boats shall be permitted on site.

Boatels may also allow for accessory rental of sale of boats, service uses including onshore restaurants, alcoholic beverage establishments, and recreational facilities that are consistent with those considered to be passive, or low intensity in nature.

An applicant proposing a boatel shall provide at the time of public hearing, conceptual architectural drawings, elevations and plan views, showing the buildings and their relationship on the property. Conceptual architectural drawings, elevations and plan views submitted for review and approval shall include, but not be limited to, the following elements:

Roofline design.

Roofline articulation;

ii.

Functional or decorative architectural features such as windows, balconies, etc.

Façade design.

Façade modulation;

ii.

Varied rooflines; and

iii.

Functional or decorative architectural features such as windows, balconies, etc.

Building materials.

Materials of superior architectural character including, but not limited to paint color, brick, stone, wood, paneling, etc.; and

ii.

Diversity of material.

(Ord. No. 17-30 , § 5(Exh. C), 9-7-17)

531.29. Marinas.

Marinas shall meet the standards for waterfront structures contained in Section 402.14, PDW (Planned Development Waterfront), and Section 511.14 (Waterfront Structures).

A marina may include on shore accessory uses, including food service establishments, laundry or sanitary facilities, sundries store and other customary accessory facilities.

A marina shall not include facilities for boat or motor rental, or for mechanical or structural repairs (other than for minor repairs as noted above), or facilities for boat hauling.

531.30. Mining Operations.

All mining activities shall conform to the provisions of the Manatee County Mining and Reclamation Code.

An applicant proposing to initiate a mining operation shall prepare a Master Mining and Reclamation Plan consistent with the requirements of Section 350, Mining Activity Permitting, and Chapter 2-20, Mining and Reclamation, of the Code of Ordinances.

If a rezoning to EX is required, the applicant shall follow the procedures outlined in Chapter 3 for amendments to the Zoning Atlas. No site shall be rezoned to EX unless and until the Master Mining and Reclamation Plan is approved.

The requirements of the EX District are intended to be minimums and shall not abrogate, repeal, or otherwise affect the requirements of other applicable Federal, State, or County laws and regulations.

531.31. Mini-Warehouses/Self-Storage.

Lot Dimensions. A mini-warehouse lot shall be of adequate width and depth to meet the setback requirements of the district regulations and as set forth below. The maximum project size shall be twelve (12) acres and the maximum floor area ratio shall be 0.35.

Setbacks. No main or accessory building shall be located within twenty (20) feet of any property line unless a more restrictive setback is required. Sufficient space and drive aisles shall be provided to allow emergency vehicles including fire apparatus to maneuver between and around structures without having to back up. A secondary route within the project site shall be provided to ensure that emergency vehicles and fire apparatus are able to effectively respond to an emergency, approved by the Department Director.

Storage. The storage of toxic, lethal, flammable, hazardous contraband, rubbish, explosives, animals, radioactive substances, underground storage tanks, or the like thereof shall be considered unsafe and not allowed to be stored. If, upon inspection by an appropriate agency, it is determined that any of the above substances or material has been stored, the facility shall be immediately closed and shall not reopen until a new Certificate of Occupancy is approved by all appropriate agencies. All costs associated with the removal, evacuation, inspections and approvals shall be borne by the property owner. Any property owner of a mini-warehouse who permits such materials to be stored shall be guilty of a violation of this Code. All storage shall be completely within the buildings. Public sanitary facilities, handicap facilities, potable water, and emergency eye wash facilities with the appropriate safety signage shall be provided and readily visible in the buildings.

Limitation. The use of any mini-warehouse as an office space or combination office space and retail/wholesale space without specific development approvals is not allowed.

Screening. Screening shall be provided in accordance with Section 701 and limited to the fence option. No alternative berm screening shall be allowed. Elevations of proposed screening fences shall be provided with each submittal for site plan approval. These elevations shall contain information regarding the height, design, color, opacity, lighting, and building materials to be used for the fence and shall be reviewed by the Department Director to ensure compatibility with surrounding properties. When a concrete block or masonry wall is used for the rear warehouse structure wall, this wall may serve as the opaque, decorative fence required for mini-warehouses. If there are separations between buildings, these areas shall be screened with a minimum six (6) foot high concrete block or masonry wall. All required landscaping, per Section 701 shall be located within the twenty (20) foot setback area.

Landscaping. Foundation planting in the amount of forty (40) square feet per one thousand (1,000) feet of gross floor area shall be provided.

Outdoor Storage. Outdoor storage of motor vehicles, recreational vehicles, boats and other similar items shall be allowed as an accessory use to mini-warehouse facilities in the GC, HC, LM, VIL, and PI districts if the following standards are met and the outdoor storage is approved as part of their site plan approval.

Outdoor storage may be allowed within the interior of the project as long as the storage area is a distance of at least fifty (50) feet from the property lines.

All outdoor storage areas shall be shown on the site plan for the mini-warehouse project. For existing mini-warehouse facilities, new outdoor storage shall not be allowed until the site plan is approved.

All accessory outdoor storage shall be screened from adjacent property by a solid, decorative, opaque wall or fence, a minimum of six (6) feet in height. Canopy trees shall also be provided within the buffer area at a minimum of three (3) trees per one hundred (100) lineal feet.

531.32. Mobile Homes.

Any proposed manufactured home which complies with the following standards may be considered an Administrative Permit use in the A and VIL zoning districts; otherwise, Special Permit approval is required.

Individual mobile homes shall be set back from the front property line at least fifty (50) feet.

The minimum size of new parcels and lots of record used for an individual mobile home shall be a minimum of five (5) acres.

All mobile homes shall meet Federal and State construction and safety standards, in addition to the following.

The minimum width of the main body of the manufactured home shall not be less than twenty-four (24) feet, as measured across the narrowest portion, or at the Department Director's discretion, that the manufactured meets the intent of the twenty-four (24) foot width;

The minimum roof pitch of the main roof shall not be less than one (1) foot of rise for four (4) feet of horizontal run. The minimum roof overhang shall be one (1) foot on all sides. The fascia of the overhang shall be a minimum width of six (6) inches;

The exterior finish shall be horizontal lap siding or brick, or similar materials;

Foundations shall be continuous block or masonry or compatible in appearance to foundations or residences built on adjacent or nearby locations; and

Window treatment such as shutters or awnings shall be provided on the exterior facade fronting all streets.

Mobile homes shall be prohibited within the Coastal High Hazard Area.

Mobile homes legally permitted under previous Codes may be allowed on one (1) acre lots in VIL Districts by Administrative Permit if the design standards of this section are met.

Existing mobile homes that do not meet the design standards of this section and were originally approved by either a Special Permit, Administrative Permit or Special Exception may, prior to expiration, submit an application for approval of a Special or Administrative Permit for a five (5) year extension. This includes mobile homes in the VIL districts. There shall be no limit to the number of five (5) year extensions, provided the review criteria, as applicable, are met. The standards of this section shall not apply to requests made under this subsection.

Developments containing twenty-five (25) or more sites for mobile homes require the provision of an emergency storm shelter building, unless a hurricane evacuation plan for the development has been approved by the County. The storm shelter shall be subject to the requirements of Section 511.4.

Existing mobile homes which do not comply with the design standards or distance separation requirements of this Section, but have a current special permit or are within the administrative extension time period granted by the special permit may upon the expiration of the same or permitted extension thereto be approved by Special Permit for an additional five (5) year period. Reviews shall be conducted in accordance with Chapter 3. The standards contained in this section shall not apply to requests made under this subsection.

531.33. Moored Water Craft.

Watercraft shall not be regularly moored within one hundred (100) feet of any shoreline measured perpendicular to the shoreline without the consent of the riparian shoreline owner, except at piers, docks, and similar shore-based facilities designed for such use. Floating residential units are prohibited.

No regularly moored watercraft may be used while moored as a residence, restaurant, lodging facility, exhibition facility, office, industrial establishment, sales or similar use.

Regularly moored watercraft shall be kept in a seaworthy condition when not in permitted repair.

531.34. Motor Freight Terminals.

All outdoor vehicle storage areas and loading area shall be screened from adjacent properties and the right-of-way by a minimum six (6) foot high decorative, opaque fence. These facilities shall also meet the screening and landscaping requirements of Section 701.

All loading and vehicle storage areas shall be set back fifty (50) feet from the street line and seventy-five (75) feet from adjacent residential property.

A filtration system shall be installed as outlined in Section 801 and located before pollutants enter the retention/detention system. All requirements of Part V of this Chapter shall also be met.

All bus and railroad maintenance facilities located adjacent to any property zoned or used residentially, shall provide a screening buffer meeting the width requirements in Section 701 plus a solid eight (8) foot high fence or wall along the side and rear property lines.

531.35. Nursing Homes.

No such use shall be established except on a parcel of land with safe access to an existing or planned collector or arterial street.

No building shall be located closer than forty-five (45) feet to any street or closer than sixty (60) feet to any lot line which abuts a Residential District, except RMF.

The proposed development shall meet NFPA-101 Life Safety Code, and all regulations specified by state law and County regulations.

Adequate provisions shall be made for service vehicles with access to the building at a side or rear entrance, and without backing onto the rights-of-way to exit the property.

531.36. Outdoor Storage (Principal Use).

All outdoor storage (as a principal use) shall be screened from the rights-of-way and adjacent property. Such screening shall be done with a solid fence or wall six (6) foot in height in industrial zoning districts, and eight (8) feet in height in commercial zoning districts. Chain link or barbed wire fences may not be utilized to meet this requirement. Within any buffer required by Section 701, canopy trees shall be planted thirty (30) feet on center.

An office with restroom facilities shall provide for any new freestanding outdoor storage facility. This shall be shown on the site plan.

531.37. Personal Wireless Service Facilities.

Purpose and Intent. The purpose and intent of this section is to provide development standards relating to specific types of personal wireless service facilities (PWSF). The requirements established herein are deemed necessary by Manatee County to protect and enhance the community's environmental, economic, and aesthetic quality, thereby contributing to the overall objective of promoting the health, safety, and general welfare. More specifically, it is the purpose of this section to:

Encourage the use of alternative support structures, collocation of new antennas on existing telecommunication towers and existing structures, camouflaged towers, monopoles, and construction of towers with the ability to locate three (3) or more providers, respectively.

Consider the design of the PWSF, with particular reference to design characteristics that have the effect of minimizing the adverse visual impact of the PWSF and associated equipment.

Encourage the use of sites which are already developed with non-residential uses including, but not limited to, commercial, industrial, or used for governmental operations, all of which may already be currently visually impacted by tall structures, through the use of siting and locational preferences.

Protect and preserve the distinctive, unique natural features of the County which are in part the result of the County's location abutting both sides of the Manatee River and containing bays within the confines of the County boundaries, encompassing the historic protection overlay districts, historic vista protection areas and scenic water view protection areas.

Protect and preserve passive recreation or environmentally sensitive areas within the County parks; preservation/conservation areas as identified in the Future Land Use Element of the Comprehensive Plan; designated wildlife corridors and other environmentally sensitive areas from potential adverse impacts from the placement of telecommunication towers.

Discourage new telecommunication towers in the non-preferred zone districts described in Table 5-1 of this section, inclusive of all residential zone districts, through the use of siting and locational preferences to further the preservation of community aesthetics, the compatibility of land uses in residential zone districts, and otherwise protect the attractiveness, health, safety and general welfare of the community.

Enhance the ability of the providers of personal wireless services to provide such services to the community quickly, effectively and efficiently.

Expedite the review process for those applications choosing the least intrusive alternative of deploying PWSFs.

Applicability.

This section shall apply to all PWSF which are a principal use. All telecommunication towers shall also comply with Sections 403.2.J (Airspace Height Limitations) and 900 (Entranceways). Accessory use antennas shall comply with Section 511.1 instead of this section.

The installation of any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator shall be regulated as permitted accessory uses pursuant to Section 511.1. Pursuant to the County does not preclude the installation and/or operation of amateur radio antennas. In applying any relevant sections of the Code to applications for the installation or replacement of amateur radio antennas, as defined by the FCC, the County shall not impose any additional zoning, construction or other regulatory requirements not provided for in the Code. Such regulatory requirements of this Code as may apply to any particular application for an amateur radio antennas are deemed to be the minimum practicable to accomplish the County's zoning and construction policies.

An existing principal use or structure shall not preclude the future installation of a principal use PWSF subject to compliance with this Code.

Approval Types. PWSF shall be approved by the type of permit required by the Matrix of Siting Locational Preferences in Table 5-1.

Planned Development Zoning Districts.

In the event there is an approved general development plan applicable to the proposed location for the telecommunication tower, and telecommunication towers are listed as an allowed use, then the application for approval of a telecommunication tower is evaluated administratively with a final site plan application for consistency with the general development plan and compliance with the standards contained in this section.

In the event the telecommunication tower is not identified on an approved general development plan or approved preliminary site plan as an allowed use, then the applicant is required to file an application to amend the applicable general development plan or preliminary site plan. In such event, the amendment shall be reviewed during the public hearing process by the Planning Commission and the Board of County Commissioners. The criteria used by staff, the Planning Commission and the Board of County Commissioners shall be the general criteria for the processing of General Development Plans in Chapter 3.

All telecommunication towers depicted on a concept development plan shall be required to comply with this section. In the event the process requires approval of an amended concept development plan by the Board of County Commissioners, then the ordinance approving the amended general development plan shall specify whether the final site plan for the proposed telecommunication tower demonstrating compliance with this section is required to be reviewed by the Board at a public hearing or will be reviewed administratively. In determining whether a public hearing for the final site plan is required, the Board shall consider whether the amended general development plan is of sufficient detail to demonstrate compliance with the requirements of this section, including the preservation of community aesthetics to be determined by the Board.

In the event the process for approval requires an amended preliminary site plan to be approved by the Board, the standards in this section shall be reviewed simultaneously by the Board as part of the site development plan review process.

The statements required to be submitted by the applicant regarding siting preferences for property being used for governmental operations and for preferred zone districts in Table 5-1 shall be required at the earliest step in the process (i.e., amendment of the general development plan).

Development of Regional Impact (DRI). If a telecommunication tower is proposed in an approved DRI, then the development order for the DRI shall specify the telecommunication tower as an identified allowed use. If the telecommunication tower is identified as an allowed use, then the application for site development plan is required to be reviewed administratively and the requirements of this section shall be applicable. In the event the telecommunication tower is not identified within the DRI development order as an allowable use, then the applicant shall process the required applications regarding the DRI in accordance with applicable state law prior to submitting an application for approval of the telecommunication tower to the Department Director in accordance with the requirements of this section.

PR, NC or GC Zoning Districts. The Department Director is authorized to allow a monopole telecommunication tower with three (3) or more providers that normally require approval of a Special Permit in the PR, NC or GC zoning districts to obtain approval by Administrative Permit upon a finding of minimal visual and aesthetic impacts on surrounding properties.

General Standards.

Permitted Locations. All telecommunication towers shall be located landward of the five (5) foot contour line, and not within the historic preservation overlay districts, historic vista protection areas, scenic water view protection areas, and velocity zones. For the purposes of this section the scenic water protection area shall be the following areas, provided they are not in an extraction or industrial zoning district.

Two thousand (2,000) feet from the Ordinary High Water Line of the County's bays.

Two thousand (2,000) feet in width along both sides of the Manatee River.

Availability of Other PWSF Providers. The approving authority, whether it be the Department Director, Planning Commission or Board of County Commissioners shall not consider the availability of service from other PWSF providers to the area under consideration for approval of a proposed PWSF.

Collocation of PWSFs.

Solely to the extent required by F.S. § 365.172, the County shall review and grant or deny an application for a permit for the collocation of a PWSF on property, buildings, or structures within the normal timeframe for a similar building permit Review but in no case later than forty-five (45) business days after the date the application is initially submitted and deemed by the County to be a complete application in accordance with the requirements of this section. Such time frame shall begin to run when the application is deemed to be complete in accordance with this Section.

Antennas collocated with an existing PWSF of a design and configuration consistent with all applicable regulations, restrictions or conditions, if any applied to the initial antenna array placed on the structure shall be permitted. Any regulation, restriction or condition that limits the number of collocations or requires a review process inconsistent with this section shall not apply. As part of such collocations, new accessory equipment shall be allowed within the existing compound.

The height of an existing telecommunication tower may be increased one time during the life of the tower by a maximum of forty (40) feet in order to accommodate collocation.

A telecommunication tower which is being relocated or reconstructed to accommodate collocation may be relocated within fifty (50) feet of its existing location with Administrative Permit approval, provided that:

The separation from residential uses and zoning districts shall not be diminished unless the required separation is maintained;

ii.

Separation from other uses and zoning districts shall be maximized to the greatest extent possible; and

iii.

The requirements for a license described in this Section, landscaping, and falldown radius are met.

In the event the telecommunication tower which is being relocated or reconstructed to accommodate a collocation is moved beyond fifty (50) feet of its existing location without increasing the tower height, then review shall be by an administrative permit and all of the other provisions of this section.

If a telecommunication tower is replaced with a new telecommunication tower to accommodate collocation, where the above-referenced residential separation is not maintained, special permit review of the decreased residential separation shall be required.

Separation.

Separation from Off-Site Uses. All telecommunication towers adjacent to an off-site residential use or district shall be setback from that lot line a distance of two hundred (200) feet or two hundred (200) percent of the height of the tower, whichever is greater.

The Department Director may reduce this setback to one hundred (100) percent of the tower height when the applicant demonstrates to the Department Director's satisfaction that service cannot be provided without this reduction. Conditions may be added to address visual impacts.

Separation from On-Site Uses. A telecommunication tower shall be located a minimum distance equal to the falldown radius from any on-site residential use.

Separation Between Telecommunication Towers (by Tower Type).

Proposed Tower Types*	Minimum Distance from Monopole, Lattice, or Guyed
Lattice	2,500 ft.
Guyed	2,500 ft.
Monopole-85 ft. in height or greater	1,500 ft

*Camouflage towers are exempt from the separation between towers requirement listed above.

The requirement for separation between towers shall not apply to or be measured from towers erected by a Local Government, School Board, State, or Federal agency.

Either the Department Director (for Administrative Permit), or the Hearing Officer (for Special Permits), may reduce the separation requirements when the applicant demonstrates to either the Department Director or Hearing Officer's satisfaction that service cannot be provided without the modification. The following criteria shall be evaluated:

The reduction is limited to a fifty (50) percent reduction of the separation requirement.

ii.

The proposed location would not create a greater aesthetic impact on surrounding properties.

iii.

The reduction is not contrary to the public interest.

Towers located in the PDI, PDUI, HM, LM and EX zoning districts are exempt from these separation requirements.

This separation requirement shall not apply to towers proposed within one hundred (100) feet of an approved tower. This distance shall be measured from the outside edge of the tower structure, excluding guy wires for guyed towers. A maximum of three (3) towers may be clustered in an area under this provision.

Separation from Arterial Roadways. All new towers shall be set back from classified arterial roadways a distance equal to one hundred twenty-five (125) percent of the tower height, unless an engineering certification shows that in the event of collapse, the telecommunication tower is designed to collapse within a smaller area.

Separation from Interstates. All new guyed, monopole and camouflaged towers shall be set back from Interstate rights-of-way a minimum of one hundred twenty-five (125) percent of the tower height. Lattice towers shall be setback a minimum of five hundred (500) feet from Interstate rights-of-way.

Guy Wires Separation. All guy wires shall be at least fifty (50) feet from all property lines.

Site Development.

All new telecommunication towers sites shall be of a minimum size to provide collocation opportunities, and contain all required site improvements (i.e., landscaping, equipment cabinets, etc.). The developer or owner shall own or control by lease the land in every direction from the outer edge of the base of the telecommunication tower a distance equal to the tower height or falldown radius. The above area may be referred to as the leased parcel. The entire falldown radius shall either be within a recorded easement, or contained within the leased parcel, but in either case shall be contained entirely within the parent parcel.

Telecommunication sites shall not be used for the outside storage of materials or equipment, or for the repair or servicing of vehicles or equipment.

All sites shall provide adequate ingress and egress for all emergency vehicles.

Due to the nature of these facilities, all unmanned PWSFs may be allowed modifications of the requirements for paved driveways, off-street loading, off-street lighting, off-street parking, solid waste collection, potable water, and sewage collection requirements, as determined appropriate by the Department Director.

Landscaping and Screening. The visual impacts of ground mounted PWSF and facilities shall be mitigated from nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures. The Department Director may modify the following landscaping requirements in industrial or agricultural zone districts. A ten (10) foot wide landscape buffer shall be required around the perimeter of a telecommunication tower lease parcel and shall include the following features:

Landscaping shall be installed on the outside of fences;

A row of understory trees, a maximum of ten (10) feet on center shall be planted in the buffer;

A continuous hedge shall be planted on the outside of the perimeter fence and tree line referenced above; and

Existing vegetation shall be preserved to the maximum extent possible. Where unique natural features provide vegetative screening which meets or exceeds the standards provided above, the Department Director may approve an alternative landscape and screening plan upon determining that such plan meets the intent of these standards and meets or exceeds a plan in strict compliance.

Appearance.

All PWSFs shall be located, designed, and screened, to the greatest extent possible, using materials, colors, textures, screening, and landscaping that will blend the facilities with the existing natural or built surroundings, as well as any existing supporting structures, to reduce visual impacts.

If the antenna is installed on a structure other than a telecommunication tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or compatible with the color of the supporting structure, so as to make the antenna and related equipment as visually unobtrusive as possible.

Each application shall demonstrate that, to the greatest practical extent, the proposed facility is designed to limit the visual impact on surrounding land uses and public views.

Lighting.

Telecommunication towers or antennas shall not be artificially lighted unless required by the FAA or other applicable regulatory authority. If lighting is required, the lighting design which would cause the least disturbance to the surrounding properties shall be chosen.

The illumination of adjacent premises from security lighting of any associated equipment shelters or cabinets shall not exceed a value of one (1) foot candle measured in the horizontal or vertical plane at a point five (5) feet inside any adjacent residential property. Lighting shall not produce glare which may have an adverse impact on use of any rights-of-way or other property.

Antennas.

Maximum Height. The maximum height of an antenna platform located on a roof top shall be ten (10) feet above the roof. All platforms shall be screened by parapet or other approved methods from major collector or higher roads, recreational areas, and adjacent residential district or uses.

Extension. An antenna may extend twenty (20) feet above the platform, telecommunication tower, roof, or alternative support structure that supports the antenna.

PWSF Facilities. All PWSF facilities shall comply with current FCC rules and guidelines concerning human exposure to radio frequency electromagnetic fields (FCC Guidelines), the County reserves the right to request the FCC to provide information or verification of a PWSF's compliance with FCC Guidelines.

Building Exterior. Antenna and antenna platforms may project beyond the building exterior walls upon approval of the Department Director.

Roof. The roof area where a PWSF is located shall be secured from the remaining roof area to prevent unauthorized access.

Report. A report prepared by a Professional Engineer (structural) indicating the tower or structure's suitability to accept an antenna shall be included with any application.

Interference. PWSF shall not interfere with or obstruct existing or proposed public safety and fire protection telecommunication facilities. Any interference and or obstruction shall be corrected by the applicant at no cost to the County.

Utility pole mounted antennas. The maximum height above the pole for a utility pole mounted antenna shall be twenty (20) feet.

Horizontal separation between utility pole mounted antennas shall be equal or compatible to the location and spacing of adjacent utility poles.

ii.

To the greatest practical extent, utility pole mounted antennas shall be located where they are concealed from the public view by other objects such as trees or buildings.

iii.

When it is necessary to locate a utility pole mounted antenna in public view, to the greatest practical extent, it shall be designed to limit visual impact on surrounding land uses.

iv.

Equipment cabinets shall be of a scale and design that make them no more visually obtrusive than other types of utility equipment boxes. Equipment cabinets associated with utility pole mounted antennas which are outside of the rights-of-way shall meet setbacks for the zoning district where they are located.

To the greatest practical extent, equipment shelters located outside of the rights-of-way shall be concealed from public view or shall be architecturally designed or screened to be compatible and blend in with surrounding land uses or buildings.

10.

Temporary Wireless Telecommunication Facilities.

Temporary Use Permit. Temporary Wireless Telecommunication Facilities are allowed with a temporary use permit from the Department Director in accordance with Section 354.

Duration. The Department Director shall determine the duration of temporary use permits for Temporary Wireless Telecommunication Facilities. Temporary use permits are available for large-scale special events, during the construction or reconstruction of permanent facilities and during the time frame for a declared state of emergency by the County.

Height. The maximum height of a Temporary Wireless Communication Facility is fifty (50) feet from grade in residential zone districts and one hundred (100) feet from grade in non-residential zone districts.

Setbacks. The Temporary Wireless Communication Facility shall meet the minimum zone district requirements.

Noise Restrictions. Equipment such as air conditioners and generators used in connection with a Temporary Wireless Communication Facility shall not generate noise above decibel levels consistent with the County's noise ordinance.

11.

Construction Standards.

All telecommunication towers shall provide a falldown radius within the parent parcel.

Telecommunication support facilities shall be the only structure, residentially-used building, or use allowed within the falldown radius.

All PWSF facilities shall comply with current FCC rules and guidelines concerning human exposure to radio frequency electromagnetic fields (FCC Guidelines), the County reserves the right to request the FCC to provide information or verification of a PWSF's compliance with the FCC Guidelines.

Ground mounted telecommunication towers shall be separated from overhead power lines, with a voltage exceeding seven hundred and fifty (750) volts, a distance equal to their height.

Telecommunication support facilities may not exceed twenty (20) feet in height.

12.

Application Processing.

New PWSF (not a collocated PWSF). Solely to the extent required by F.S. § 365.172, the County shall review and grant or deny an application for the siting of a new PWSF on property, buildings, or structures within the normal timeframe for a similar type of permit review but in no case later than ninety (90) business days after the date the application is initially submitted and deemed to be a complete application in accordance with the requirements of this section.

Completeness Determination. Solely to the extent required by F.S. § 365.172, the Department Director shall notify the applicant, in writing, within the normal timeframe of review, but in no case later than twenty (20) business days after the date the application is submitted or material resubmitted as to whether the application is for administrative purposes only, properly submitted, and completed in accordance with the requirements of this section. Such notification shall indicate with specificity any deficiencies which, if cured, shall make the application properly completed. If the County does not notify the applicant in writing that the application is not completed in compliance with the Land Development Code regulations within twenty (20) business days after the date the application is initially submitted or additional information resubmitted, the application is deemed, for administrative purposes only, to be properly completed and properly submitted. A determination by the Department Director that the application is complete shall not be deemed as an approval of the application.

Automatic Approval. Solely to the extent required by F.S. § 365.172, if the County fails to grant or deny a complete application within the time frames set forth in this Section, the application shall be deemed automatically approved and the applicant may proceed to the next level of review or if no additional levels of review are required, with placement of the PWSF without interference or penalty. The time frames set forth in this Section shall be extended in the event the application has not been granted or denied because the application is for an approval requiring action by the Board of County Commissioners or an appeal of an administrative determination is made to the Board of County Commissioners and such action has not taken place within the established time frames. Under such circumstances, the Board of County Commissioners must act to either grant or deny the application for the permit at its next regularly scheduled meeting after the ninety (90) business days have expired, or, the application shall deemed automatically approved.

Time Frame Waiver. To be effective, a waiver of the time frames set forth in this Section must be voluntarily agreed to by the applicant and the County. The County may request, but not require, a waiver of the time frames by an applicant, except that with respect to a specific application, a one-time waiver may be required in the case of a declared local, state or federal emergency that directly affects the administration of all permitting activities of the County.

13.

Security.

PWSF shall be secured from access by the public and other unauthorized persons.

Towers shall be enclosed by a continuous six (6) foot high security fence. Barbed wire may be used on security fences in any zoning district, provided such barbed wire is limited to three (3) strands and is a minimum of six (6) feet above the ground. The gates shall be secured with a locking mechanism to prevent unauthorized access. A rapid access key box or other local fire district approved entry system shall be utilized.

Towers shall provide anti-climbing devices.

Alternative support structures shall be designed to prevent unauthorized access.

PWSF located on building roofs shall be secured from the remaining roof area to prevent unauthorized access.

Signage. No trespassing signs and in case of emergency contact signs shall be posted on each telecommunication facility adjacent to the entrance. No other signage is permitted, except as required for public safety purposes, as may be required by a government agency.

14.

Application requirements. In addition to the requirements of Section 320, an application for a telecommunication facility shall contain:

Any reports, explanations, certifications, or other documentation required by this Section.

Copies of licensure from the Federal Communications Commission (FCC) and evidence of compliance with the applicable Federal Aviation Administration (FAA) requirements codified as 14 C.F.R. § 77, including any Aeronautical Study Determination.

The application shall include a tabular and map inventory of all the applicant's existing telecommunication facilities that are located within the applicant's search area, including the incorporated municipalities.

This inventory shall specify the location, height, type, and design of each existing telecommunication facility, the ability of the tower or antenna structure to accommodate additional co-location antennas, and where applicable, the height of the alternative support structures.

Coordinates of the facility shall be supplied in the Global Positioning System format or other format approved by the County.

A written instrument executed by the PWSF owner or operator and, in the case of a leased site, a written instrument executed by the lessor and lessee, binding their successors and assigns, in a form suitable for recording in the official records, granting Manatee County and its agents and employees a license to enter the real property on which the site is located and remove any abandoned telecommunication tower at the owner or operator's expense following enforcement action.

In the case of a leased site, a lease agreement or binding lease memorandum which shows:

on its face that it does not preclude the site owner from entering into leases on the site with other provider(s); and

ii.

the legal description and amount of property leased.

All PWSF facilities shall comply with the current FCC rules and guidelines concerning human exposure to radio frequency electromagnetic fields (FCC Guidelines), the County reserves the right to request the FCC to provide information or verification of a PWSF's compliance with FCC Guidelines.

If lighting is required, a plan showing the lighting design.

If the PWSF is located in an easement, the owner of the easement and underlying property owner must authorize the application.

A certification prepared by a Professional Engineer (structural) which provides the minimum falldown radius for the telecommunication tower.

Siting Preferences.

A statement by the applicant indicating that it has reviewed properties within its search area currently being used for governmental operations (not including property in the Conservation Zone District with an approved Environmental Preserve Management Plan). If such property is available, the statement shall also include a detailed review of the efforts made by the applicant to secure authorization, through lease or other similar means, to place the PWSF on the available properties, including whether the property was unsuitable for construction of the designed PWSF due to characteristics of the site such as setbacks, size of parcel and the like not complying with Section 531.36 of this Code, whether the person or entity owning or controlling the property required compensation or other terms or conditions which were beyond those available for other properties in the search area, or whether the person or entity owning or controlling the property declined to enter lease discussions or otherwise declined to entertain placement of the PWSF. Such statement shall be signed by an official of the applicant with authority to make the submission who has personal knowledge of the matters discussed therein.

ii.

A statement by the applicant indicating whether property within the search area of the PWSF within a preferred zone district in Table 5-1 of this section is available upon which the PWSF could be constructed in compliance with this Section. If such property is available, then the statement shall include a full explanation if the applicant does not plan to locate the PWSF on such property. Alternatively, a notarized affidavit shall be submitted to the County that establishes that the location of the PWSF in a preferred zone district would have the effect of preventing the applicant from providing wireless services to the intended coverage area.

Each application shall identify the zone district and location preference that the proposed PWSF is meeting. (Reference Table 5-1 of this section). If the proposed PWSF is not in a Preferred Zone identified in Table 5-1 of this section, the applicant shall provide a map of the geographical area and a written discussion of sites within preferred zones within the applicant's search area and describe why each preferred site is not available for siting the PWSF. The written explanation shall address whether the proposed site:

Meets the applicant's engineering requirements for the proposed PWSF;

ii.

Is of sufficient height to meet the applicant's engineering requirements;

iii.

Has sufficient strength to support the applicant's proposed antenna;

iv.

Has sufficient vertical space to accommodate the applicant's antenna; and

Is available for lease under a reasonable leasing agreement, as determined by industry standards for the geographic area.

The applicant shall provide a statement as to whether the proposed site is preferable due to aesthetic and community character compatibility as compared to sites available in the preferred zone districts or preferred locations in Table 5-1.

A statement by the applicant as to whether construction of the telecommunication tower will accommodate collocation of additional antennas for future PWSF providers, including the collocation capacity.

A statement by the applicant demonstrating to the satisfaction of the County that no existing telecommunication tower, alternative support structure, building or other structure within the applicant's geographic search areas is available for siting the proposed PWSF as follows:

Meets the applicant's engineering requirements for the proposed PWSF;

ii.

Is of sufficient height to meet the applicant's engineering requirements;

iii.

Has sufficient strength to support the applicant's proposed antenna;

iv.

Has sufficient vertical space to accommodate the applicant's antenna; and

Is available for lease under a reasonable leasing agreement, as determined by industry standards for the geographic area.

In the event the applicant is requesting the siting of a PWSF in a residential zone district as a non-preferred zone district in Table 5-1 of this Code, the applicant shall submit with its application a statement with facts demonstrating that the applicant cannot reasonably provide telecommunication service to the residential area or zone from outside the residential area or zone district.

Visual Aids (digital format) of the proposed PWSF site showing predevelopment (existing) and post-development conditions. The visual aids shall show the closest public views of the PWSF from a minimum of four (4) locations. The predevelopment visual aids shall be used to show post-development views of the PWSF (telecommunication tower, antennas, associate support facilities, landscaping and security fencing). Post-development views shall include views of the PWSF as it would appear immediately after construction and may include views of twelve (12) and twenty-four (24) months after construction. The visual aids shall show the relationship and proximity to neighboring residential zone districts and uses and how the PWSF will appear from public viewpoints. The visual aids may be accompanied by a corresponding written visual impact analysis prepared by the applicant. These requirements for visual aids are minimums and the County reserves the right to require additional visual aids as determined on a case-by-case basis.

Experts.

Where due to the complexity of the methodology or analysis required to review an application for a PWSF, the County may require a technical review by a third-party expert, the specifically identified reasonable expenses of which shall be borne by the applicant, which sum shall be in addition to PWSF development review fees established by resolution of the Board. Applicants for a PWSF shall submit a deposit as determined by fee resolution towards the cost of such technical review upon written notification from the County that a technical review is required, and shall remit any outstanding balance to the County for such review prior to issuance of a building permit for the PWSF. Any unused portion of a fee deposit shall be remitted to the applicant.

ii.

The expert review may address any or all of the following:

(a)

The accuracy and completeness of submission;

(b)

Applicability of analysis techniques and methodologies;

(c)

The validity of conclusions reached;

(d)

Whether the proposed PWSF complies with the applicable standards set forth in this section; and

(e)

Other matters deemed by the County to be relevant to determining whether a proposed PWSF complies with the provisions of this section.

iii.

Based on the results of the expert review, the County may require additional information or submittals from the applicant or impose conditions of approval.

Annual Report.

The owner or operator of a new or existing PWSF shall file annually on or before January 31 of each year, with the Building and Development Services Department a PWSF Annual Report.

The PWSF Annual Report shall include the owner and operators names, address, phone numbers, contact person(s), type of antenna, applicable FCC License numbers, applicable FAA Licenses, type of support structure (tower, alternative support), County approval numbers. Additionally reports submitted by Tower owner and operators shall also supply the number of co-locations positions designed, occupied, or vacant. The submission on a county form designed for such use shall be evidence of compliance.

Structural certification for new and existing telecommunication towers shall be submitted with the PWSF Annual Report on the tenth (10th) anniversary of the Building Permit issuance for the tower or the next PWSF Annual Report, whichever is later. The structural certification shall state general structural stability of the structure and the ability to add additional antennas to the tower. The PWSF Annual Report shall include a structural certification every five (5) years thereafter.

Abandonment. Any telecommunication tower which has no operational antenna located thereon for a period of six (6) months will be deemed to be abandoned, and therefore shall constitute a violation of this Code. The owner or operator of the abandoned telecommunication facilities shall be given six (6) months after being provided with written notification of said violation to either reactivate or dismantle and remove the telecommunication facilities. In the event of the owner or operator's failure to comply with the County's request for removal, the matter may be subject to enforcement action. Nothing herein shall be construed to limit the County's right to pursue any other legal remedy.

Table 5-1: Matrix of Siting and Locational Preference

Preferred Zone Districts: (Districts Listed in Descending Order of Preferences)

	Camouflaged Max. 150'	Monopole Max. 150'	Monopole Greater than 150', Max. 200'	Monopole with 3 or more providers, Max. 200'	Guyed Tower	Lattice Tower Max. 400', except PDR Max. 150'
Industrial
EX	AP	AP	AP	AP	AP	AP
HM	AP	AP	AP	AP	AP	AP
LM	AP	AP	AP	AP	AP	AP
Commercial
CRV	AP	AP	AP	AP	X	X
HC	AP	AP	AP	AP	SP	SP
GC	AP	AP	AP	AP/SP	X	X
NC-S	AP	SP	SP	AP/SP	X	X
NC-M	AP	SP	SP	AP/SP	X	X
Office
PR-M	AP	SP	SP	AP/SP	X	X
PR-S	AP	SP	SP	AP/SP	X	X
Agriculture (40 acres or greater)
A	AP*/SP	AP*/SP	AP*/SP	AP*/SP	SP	SP
A-1	AP*/SP	AP*/SP	AP*/SP	AP*/SP	AP*/SP	AP*/SP

AP = Administrative Permit

SP = Special Permit

P = Permitted

X = Not Permitted

NOTES:

* AP*/SP = General Agricultural (A) and Suburban Agricultural (A-1) parcels smaller than forty (40) acres in size shall obtain approval by a Special Permit.

** Unless otherwise noted in this Chapter. AP/SP = Administrative Permit required as specified in this Section or elsewhere in this Code.

Uses may be further restricted or modified by the overlay district criteria in Section 403.

Non-Preferred Zone Districts:

	Camouflaged Max. 150'	Monopole Max. 150'	Monopole Greater than 150', Max. 200'	Monopole with 3 or more providers, Max. 200'	Guyed Tower	Lattice Tower Max. 400', except PDR Max. 150'
All Residential Zone Districts
RSMH-6	SP1	SP1	X	X	X	X
RSMH-4.5	SP1	SP1	X	X	X	X
RMF-9	SP1	SP1	X	X	X	X
RMF-6	SP1	SP1	X	X	X	X
RSF-4.5	SP1	SP1	X	X	X	X
RDD-6	SP1	SP1	X	X	X	X
RDD-4.5	SP1	SP1	X	X	X	X
RDD-3	SP1	SP1	X	X	X	X
RSF-3	SP1	SP1	X	X	X	X
RSF-2	SP1	SP1	X	X	X	X
RSF-1	SP1	SP1	X	X	X	X
Planned Development:
PDEZ	P*/FSP	P*/FSP	P*/FSP	P*/FSP	P*/FSP	P*/FSP
PDPM	P*/FSP	P*/FSP	P*/FSP	P*/FSP	P*/FSP	P*/FSP
PDPI	P*/FSP	P*/FSP	P*/FSP	P*/FSP	P*/FSP	P*/FSP
PDI	P*/FSP	P*/FSP	P*/FSP	P*/FSP	P*/FSP	P*/FSP
PDMU	P*/FSP	P*/FSP	P*/FSP	P*/FSP	P*/FSP	P*/FSP
PDA	P*/FSP	P*/FSP	P*/FSP	P*/FSP	X	X
PDRP	P*/FSP	P*/FSP	P*/FSP	P*/FSP	X	X
PDC	P*/FSP	P*/FSP	P*/FSP	P*/FSP	X	X
PDO	P*/FSP	P*/FSP	P*/FSP	P*/FSP	X	X
PDGC	P*/FSP	P*/FSP	P*/FSP	P*/FSP	X	X
PDUI	P*/FSP	P*/FSP	P*/FSP	P*/FSP	AP	AP
PDRV	P*/FSP	P*/FSP	P*/FSP	P*/FSP	X	X
PDMH	P*/FSP	X	X	X	X	X
VIL	SP	X	X	X	X	SP*
PDR	P*/FSP	P*/FSP	X	X	X	AP/SP
PDW	P*/FSP	X	X	X	X	X
Agriculture (less than 40 acres)
A	AP*/SP	AP*/SP	AP*/SP	AP*/SP	SP	SP
A-1	AP*/SP	AP*/SP	AP*/SP	AP*/SP	AP*/SP	AP*/SP
Conservation
CON-EPMP	SP	SP	SP	SP	X	X
All other Locations

SP1 = Approval is limited to institutional, recreational, schools, and utility uses, all which have a lot area of eight (8) acres or more.

P*/FSP = With limitations, as specified in this Section, Standards for Specific Uses Criteria, or elsewhere in this Code. Uses may be further restricted or modified by the planned development district standards in Section 402.

Telecommunication towers in the PDR District are allowed a maximum height of 150 feet.

Figure 5-1: Setback depending on Tower Height

531.38. Pet Services.

The minimum lot size requirements shall be two (2) acres.

No kennel shall be located within two hundred (200) feet of any unincorporated area of Manatee County zoned for residential uses, with the exception of A or A-1 property.

All dogs shall be kept in pens designed and maintained for secure confinement. Such structures shall require a building permit.

In the consideration of an application for Special Permit Approval, the decision-making body shall take into account the kinds of dogs proposed to be kept and the characteristics thereof, and may prescribe conditions with respect thereto.

531.39. Public Community Use.

Screening shall be provided in accordance with Section 701. When adjacent to residential uses, a solid, decorative, opaque fence, a minimum six (6) feet in height shall be provided, in addition to any landscaping required in Section 701. The applicant may propose an alternate vegetated buffer, subject to staff approval.

All such uses, when located in residential areas, shall orient the structures and driveway entrances away from adjacent residential uses, when possible.

Public Community Uses that meet the following criteria may be allowed within residential zoning districts by Administrative Permit. Any proposed Public Community Use that does not meet these locational criteria, and is allowed by Administrative Permit in the zoning district, must receive Special Permit approval. Public community uses within nonresidential districts are exempt from these requirements.

The Public Community Use is located upon a roadway classified as a collector or higher on the Roadway Functional Classification Map.

The Public Community Use is at the edge of a neighborhood, at a corner location or is an integral part of a multifamily development.

The use of any public community use as an office space must be accessory to the principal on-site use.

531.40. Public Use Facilities.

All public use facilities shall be set back at least thirty (30) feet from all property lines.

Sheriff substations with a gross floor area of less than one thousand (1,000) square feet shall be considered a permitted use in all zoning districts except the CON and PDGC when located within an existing building. Those substations either over one thousand (1,000) square feet in size or in a new, freestanding structure, shall require Administrative Permit approval.

531.41. Recreation Uses and Facilities.

Generally. The following shall apply to all low, medium, passive and high intensity recreation facilities:

No building or structure used for or in connection with any such use shall be located within fifty (50) feet of any adjoining property which is in a residential district. Additional setback width may be required, based upon the intensity of the proposed use, as determined by the Department Director.

No off-street parking or loading space shall be located within fifty (50) feet of any adjoining property which is in a residential district.

Public Lands in WP-E and WP-M Overlay Districts. Publicly and privately provided recreational opportunities on public lands located within the WP-E and WP-M Overlay Districts shall be limited to low intensity and passive recreational uses, outdoor firing and archery ranges. All race tracks, zoos, mass seating facilities, off-road vehicle facilities, and other intensive recreational uses shall be prohibited within the WP-E and WP-M Overlay Districts. Existing facilities that request expansion shall require special permit approval.

Timing. Special Use Permits issued for High Intensity Recreation uses shall not exceed four (4) years. Such permit may be extended in conformance with the provisions of Section 316, Special Permits, for a maximum of three (3) successive periods of four (4) years each. At the expiration of sixteen (16) years from the date the original permit was issued, the permit shall be subject to renewal in accordance with the provisions set forth in Section 316, Special Permits.

Camps.

No structures, recreational facility, or parking area shall be within fifty (50) feet of any adjacent residential use/zoning district.

Parks containing twenty-five (25) or more spaces for park trailers, recreational vehicles, and/or camping sites require the provision of an emergency storm shelter building, unless a hurricane evacuation plan for the development has been approved by the County. The storm shelter shall be subject to the requirements of Section 511.4.

Rural Recreational Uses. Any rural recreational use approved within the Ag/R Future Land Use Category shall require a minimum one hundred (100) foot setback of all structures, and recreational facilities from all property lines.

Golf Courses. No structures used in connection with the use, golf greens, and fairways shall be located closer than fifty (50) feet to any lot line. Maintenance facilities and associated material and vehicle storage areas shall maintain a two hundred (200) foot setback from all adjacent residentially zoned properties.

Maintenance. All site plans submitted for golf courses shall include a maintenance/watering schedule detailing the type of irrigation to be used, and the proposed schedule for watering for the first year and beyond.

Golf Driving Ranges. No structure nor fairways and greens used in connection with the use shall be located closer than two hundred (200) feet to any lot line adjacent to residentially zoned or used property, nor fifty (50) feet to any lot line adjacent to non-residentially zoned or used property.

Riding and Boarding Stables or Schools (Public or Private).

Minimum Lot Size. Two (2) acres.

Setbacks. No building associated with a riding or boarding stable or school shall be located closer than fifty (50) feet to any lot line.

Access. All public stables shall gain access from a public road, county maintained road, or an approved private street.

Rental. The rental of up to one (1) stall space is allowed in private stables. If more spaces are to be rented, the classification of the stable changes to public.

Trapshooting, Skeet or Outdoor Firing Ranges.

Minimum Lot Size. Seventy (70) acres.

Setback. No structure associated with such use shall be located closer than fifty (50) feet to any lot line.

Screening.

A minimum buffer of twenty-five (25) feet of tree and shrub screening behind the target area and an earthen berm or masonry fence (minimum six (6) feet high) to protect adjacent properties down range.

The Department Director shall have the authority to require additional appropriate screening measures to mitigate impacts and protect adjacent properties dependent upon the weaponry authorized for use. Such measures as earthen berms, masonry fences, setbacks and the natural character of the land should be considered to ensure the health, safety and welfare of those using, or in proximity of the proposed development.

Compliance with Law. No special permit approval shall be issued for such a use until the applicant has furnished a written statement that the proposed development meets all regulations specified by Federal and State Law and all other County Regulations.

Conditions. In the consideration of an application for special permit approval, the decision-making body shall take into account the safety, types of weapons used, projectile trajectory, noise factors, and may prescribe additional conditions with respect thereto.

Zoo, Animal Exhibit, Breeding Facilities of Wild or Exotic Animals, Animal Boarding Facilities, Circuses or Circus Exhibitions. These uses are allowed as High Intensity Recreation Uses, provided that the following standards are met. Zoos and animal exhibits, however, are prohibited in the GC zoning district.

The Zoo, Animal Exhibit, Breeding Facility of Wild or Exotic Animals, Animal Boarding Facility, Circus or Circus Exhibition shall not be located within five hundred (500) feet of any unincorporated portion of Manatee County zoned for residential uses;

A landscaped buffer at least ten (10) feet in width for each twenty-five (25) animals of greater than forty (40) pounds in body weight, (but in no case less than ten (10) feet) with a landscaped opaque fence at least six (6) feet in height, is provided between any animal cages or other structures, and any adjacent residential use;

Outside lighting is shielded so that it is not visible from nor does it shine upon any adjacent residential property; and

It is demonstrated that the behavior of the type and/or number of animals owned or maintained by the resident will not result in an intrusion into the quiet enjoyment of any existing adjacent residential use in terms of noise, odor, safety, and aesthetics.

531.42. Recreational Vehicle Parks and Subdivisions.

Recreational Vehicle Parks and Subdivisions shall comply with the dimensional standards of the district as stated in Chapter 4, in addition to the following:

Project Minimum Size	10 acres
Minimum Site Area For:
Recreational Vehicle without Attachments	1,600 sq. ft.
Site in Designated Camping Area	1,200 sq. ft.
Non-residential or dwelling site	10,000 sq. ft.
Minimum Width for:
RV site	30 feet
Site in Designated Camping Area	20 feet
Non-residential or dwelling site	75 feet
Minimum Yard Setbacks** (internal to the site)	5 feet
Maximum Height:
Non-Residential	35 feet
Residential	15 feet
Minimum Buffers for:
Street/Residential District	50 feet
Other	15 feet
Minimum Open Space:
RV Parks	20% of gross area
Non-residential	15% of gross area
Maximum Time Period: Recreational Vehicles in new and expanded parks or subdivisions may remain on-site for a limited period of time, not to exceed one hundred eighty (180) days within any three hundred sixty-five (365) day period.

**All Special Exception status waterfront lots shall meet a twenty-five (25) foot waterfront setback. Manufactured Homes and Recreational Vehicles are exempt from this waterfront setback requirement.

**For parks without recorded lots or lot lines refer to Section 107.8.E.

The construction of accessory structures and additions to recreational vehicles (RV) other than open canvas awnings having no walls, rollup screen enclosures, pop-out units and similar attachments that are integral to the recreational unit as originally manufactured shall not be permitted.

Recreational vehicle sites shall comply with all applicable Floodplain Management regulations.

Recreational vehicles may not remain in new and expanded parks or subdivisions for more than one hundred eighty (180) days within any three hundred sixty-five (365) day period;

Each RV park/subdivision containing twenty-five (25) or more spaces for mobile homes, park trailers, recreational vehicles, and/or camping sites require the provision of an emergency storm shelter building, unless a hurricane evacuation plan for the development has been approved by the County. The storm shelter shall be subject to the requirements of Section 511.4.

531.43. Recreational Vehicle/Mobile Home Sales, Rental and Leasing.

All RV sales shall be oriented towards the exterior of the RV park.

Mobile Home sales shall not be permitted within the RV park or subdivision.

A fifteen (15) foot wide screening buffer shall be provided between the sales lot/area and the RV Park itself. Landscaping shall be provided in accordance with Section 701.

All outdoor storage areas shall be screened with a minimum six (6) foot high solid fence.

531.44. Rehabilitation Center.

Any outpatient treatment facility located within a residential zoning district shall be located upon a roadway designated as collector or higher on the functional classification maps.

Any such facility located within a residential zoning district shall have the structure in which the facility is located designed and maintained in a character consistent with the residential neighborhood.

531.45. Residential Care Facilities (including Assisted Living Facilities, Community Residential Homes, Recovery Homes, and Emergency Shelters).

The proposed development shall meet NFPA-101 Life Safety Code, as required by the Agency for Healthcare Administration (AHCA), and all regulations specified by State Law and County Regulations.

No Residential Care Facility shall be located within one thousand (1,000) feet of another Residential Care Facility, measured from property line to property line.

All residential care facilities shall meet the density limitations of the zoning district where they are located. Density shall be calculated as follows: Six (6) residents (including resident staff) = One (1) dwelling unit.

When located in a residential zoning district, all parts of the structure shall be maintained in a character consistent with the residential neighborhood in which it is located in terms of gross floor area, building design and lot coverage.

Floor Area Requirements.

To avoid unsafe or unhealthy conditions that may be produced by overcrowding of persons living in these facilities, a minimum floor area per person shall be required. Floor area requirements shall be measured from interior walls of all rooms, excluding closets, stairs, thickness of walls, toilet rooms, mechanical rooms, laundry, and corridors.

A minimum of one hundred twenty (120) square feet of interior living space shall be provided per facility resident. Interior living space shall include sleeping space and all other interior space accessible on a regular basis to all facility residents.

A full bathroom with toilet, lavatory, and tub or shower, shall be provided for every five (5) residents. An additional toilet and lavatory shall be provided for each additional group of four (4) persons or less.

( Ord. No. 15-29, § 3(Exh. A), 12-3-15 )

531.46. Residential Treatment Facilities.

Any residential treatment facility located within a residential zoning district shall be located upon a roadway designated as collector or higher on the functional classification maps.

531.47. Residential Uses.

Residential Uses in the VIL Districts. Duplexes, single family semi-detached units and multi-family (four (4) units maximum) may be permitted through Special Permit only in the Rubonia area. These types of dwellings shall not be permitted in the other Village Districts.

Multi-Family Dwellings in PR District. Multi-family dwellings in PR district shall meet the standards and densities of the RMF-6 Zoning District or the standards for urban corridors if applicable to the site. The underlying Future Land Use Category shall determine the maximum density on each site.

Residential Uses in the NC, GC and HC Zoning Districts. Single-family and duplex dwellings may be allowed in the NC, GC and HC zoning districts subject to the following criteria:

Shall be located on a lot of record which is not subject to any change in property boundary lines during the development of the proposed land use;

Shall be developed without generating a requirement for either subdivision review, final site plan review, or equivalent development order review;

Shall not violate a maximum gross density requirement of nine (9) dwelling units per acre; and

Shall have its wastewater collected through the Manatee County public sanitary sewer system unless it does not have reasonable availability to the system in accordance with the Manatee County Sewer Connection Ordinance.

Single-Family Detached Dwellings in the Industrial Light (IL) Future Land Use Category. Single-family detached dwellings on sites designated as IL on the Future Land Use Map are subject to the following standards:

Shall be located on a lot of record which is not subject to any change in property boundary lines during the development of the proposed land use;

Shall be developed without generating a requirement for either subdivision review, or final site plan review, or equivalent development order review;

If located within an A or A-1 zoning district, shall not violate the maximum gross or net residential density requirement of one (1) dwelling unit per acre;

Existing recorded subdivisions approved before May 11, 1989, are not required to meet the density limitations of the Comprehensive Plan.

Residential uses within the LM District. New and replacement residential uses within the LM District shall be limited by the requirements of Section 2.2.1.17.4(d) of the Comprehensive Plan.

Waterfront Residential Structures in PDR, PDW, PDMU, PDRV, PDMH and PDA. Refer to the waterfront structures and water dependent uses of Section 402.14 (PDW—Planned Development Waterfront).

Residential subdivisions Adjacent to Existing Kennels. All residential subdivisions located adjacent to existing kennels shall provide a seventy-five (75) foot setback to residential structures from such kennels. This shall be measured from the proposed dwelling unit(s) to the nearest structure on the kennel property. This would include pens, runs, and other accessory structures. Additionally, all homeowner's documents shall carry language to inform homeowners of the presence of the adjacent kennel.

(Ord. No. 16-06 , § 3(Exh. A-4), 11-15-16)

531.48. Restaurants.

Restaurants within the PDO District shall be located on a collector or higher and oriented internally.

Restaurants within the PDRP, PDI, or PDPI District shall be oriented internally.

Restaurants in the Village Districts.

All restaurants located within the VIL districts shall be located on a street designated as collector or higher by the Functional Classification Map and meet Commercial Locational Criteria as designated in the Comprehensive Plan. No access may be allowed from a local street to an eating establishment.

All proposed restaurants within the VIL district shall provide a minimum ten (10) foot wide perimeter screening buffer for those property boundaries that are adjacent to residential uses. This buffer shall contain a decorative, opaque fence a minimum of six (6) feet in height, and landscaping meeting the requirements of Section 701.5.2.1(A) of the Code.

Restaurants within the Planned Development Districts shall meet the following location and orientation standards.

Limitations	PDO	PDRP	PDI	PDPI
Location	Collector or Higher	-	-	-
Orientation	Oriented Internally	Oriented Internally	Oriented Internally	Oriented Internally

Dog Dining in Certain Outdoor Portions of Public Food Service Establishments.

Permit Required, Permit Application Requirements.

A public food service establishment must apply for an Administrative Review to determine the appropriate process to obtain a permit (i.e., Final Site Plan, Off-Street Parking Plan, Plot Plan, etc.) before patrons' dogs are allowed on the premises. This Administrative Review of the application requirements will result in a permit being issued to the applicant, upon satisfaction of the criteria in this section and a copy of the application and permit being provided to the State of Florida Division of Hotels and Restaurants of the Department of Business and Professional Regulation.

The application for a permit shall include, along with any other information deemed reasonably necessary for the enforcement of this section, the following information:

(1)

Name, location, mailing address and the State of Florida Division of Hotels and Restaurants of the Department of Business and Professional Regulation ("Division") issued license number of the public food service establishment.

(2)

Name, mailing address, and telephone contact information of the permit applicant.

(3)

A diagram and description of the outdoor area which is requested to be designated as available to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to the designated outdoor area; the boundaries of the designated area and of the other outdoor dining areas not available for patrons' dogs; any fences or other barriers; surrounding property lines and public rights-of-way, including sidewalks and common pathways; and such other information as is deemed necessary by the county.

(4)

The diagram shall be accurate and to scale but need not be prepared by a licensed design professional. A copy of the approved diagram shall be attached to the permit.

(5)

A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area.

(6)

Written authorization to obtain the permit from the owner of the property on which the public food service establishment is located if the applicant is not the owner.

Each applicant for a permit shall submit a nonrefundable application fee in conjunction with the submission of the permit application.

Public food service establishments that receive a permit for a designated outdoor area pursuant to this section shall require that:

Employees shall wash their hands promptly after touching, petting, or otherwise handling any dog(s) and shall wash their hands before entering other parts of the public food service establishment from the designated outdoor area.

Employees are prohibited from touching, petting or otherwise handling any dog while serving or carrying food or beverages or while handling or carrying tableware.

Patrons in a designated outdoor area shall be advised by appropriate signage, at conspicuous locations, that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area.

Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control.

Employees and patrons shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved with food service operations.

Employees and patrons shall not allow any part of a dog to be on chairs, tables, or other furnishings. Dogs must remain on the floor/ground level and shall not be permitted in the lap of the patron.

Employees shall clean and sanitize all table and chair surfaces with an approved product between seating of patrons.

Employees shall remove all dropped food and spilled drink from the floor or ground as soon as possible but in no event less frequently than between the seating of patrons at the nearest table.

Employees and patrons shall remove all dog waste immediately and the floor or ground shall be immediately cleaned and sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area.

Dogs shall not be permitted to travel though indoor or non-designated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment must not require entrance into or passage through any indoor area of the food establishment.

A sign or signs notifying the public that the designated outdoor area is available for the use of patrons and patrons' dogs shall be posted in a conspicuous manner that places the public on notice.

A sign or signs informing patrons of these laws shall be posted on premises in a conspicuous manner and place as determined by the county.

A sign or signs informing employees of these laws shall be posted on the premises in a conspicuous manner and place as determined by the county.

Ingress and egress to the designated outdoor area shall not require entrance into or passage through any indoor area or non-designated outdoor portions of the public food service establishment.

The public food service establishment and designated outdoor area shall comply with all permit conditions and the approved diagram.

Employees and patrons shall not allow any dog to be in the designated outdoor areas of the public food service establishment if the public food service establishment is in violation of any of the requirements of this section, or if they do not possess a valid permit.

Permits shall be conspicuously displayed in the designated outdoor area.

It shall be unlawful to fail to comply with any of the requirements of this section. Each instance of a dog on the premises of a public food service establishment without a permit is a separate violation. Each violation of any of the requirements of this section is considered a separate violation.

All dogs shall wear a current license tag or rabies tag and the patron shall have a current license certificate or rabies certificate immediately available upon request.

Expiration and Revocation.

A permit issued pursuant to this section shall expire automatically upon the sale of the public food service establishment and cannot be transferred to a subsequent owner. The subsequent owner may apply for a permit pursuant to this section if the subsequent owner wishes to continue to allow patrons' dogs in a designated outdoor area of the public food service establishment.

A permit may be revoked by the county if, after notice and reasonable time in which the grounds for revocation may be corrected, the public food service establishment fails to comply with any condition of approval, fails to comply with the approved diagram, fails to maintain any required state or local license, or is found to be in violation of any provision of this section. If the ground for revocation is a failure to maintain any required state or local license, the revocation may take effect immediately upon giving notice of revocation to the permit holder.

If a public food service establishment's permit is revoked, no new permit may be approved for the establishment until the expiration of ninety (90) days following the date of revocation, providing that all issues continued within the revocation have been satisfied, to include any outstanding fines.

Complaints and Reporting.

Complaints shall be made in writing to the county's code enforcement who shall accept, document, and respond to all complaints and shall timely report to the Division all complaints and the county's response to such complaints.

The patron or the designated person in charge of the public food service establishment, or both, may be issued civil citations for each violation of this section.

(Ord. No. 18-22 , § 3(Exh. A-3), 6-7-18)

531.49. Retail Uses.

Retail in the RVP Zoning District. Neighborhood Convenience Retail Sales uses within the RVP District shall meet the standards for such uses set forth in Section 402.9 (PDRV—Planned Development Recreational Vehicle).

Retail in the VIL Districts.

Size Limitations.

All Neighborhood Convenience Retail Sales uses are limited as specified by the Comprehensive Plan.

General Retail Sales uses are limited to 3,000 square feet with an Administrative Permit. A Special Permit is required for any General Retail Sales use greater than 3,000 square feet in size.

Location. All General Retail Sales Uses located within the VIL districts shall be located on a street designated as collector or higher by the Functional Classification Map. No access may be allowed from a local street to these retail uses. All retail sales uses must comply with the commercial locational criteria of the Comprehensive Plan and any exemptions allowed by the Plan.

Screening. All Neighborhood Convenience Retail Sales and General Retail Sales uses within the VIL district shall provide a minimum ten (10) foot wide perimeter screening buffer for those property boundaries that are adjacent to residential uses. This buffer shall contain a decorative, opaque fence a minimum of six (6) feet in height, and landscaping meeting the requirements of Section 701.5.2.1(A) of the Code.

Retail in the NC-S, PDO and PDA Districts. General Retail Sales uses shall be limited to 3,000 square feet, unless the NC-S district is located along an Urban Corridor as defined in Chapter 2.

Retail in HC zoning with IL (Industrial Light) future land use category. Development within the HC district shown as IL on the future land use map shall meet all relevant locational criteria as specified in the Manatee County Comprehensive Plan. Additional restrictions include the allowance of only small retail commercial uses as defined in the Manatee County Comprehensive Plan with a thirty thousand (30,000) square foot maximum and a three thousand (3,000) square foot maximum without Special Approval.

Retail in PD Districts. Shall meet the following criteria:

Limitations	PDO	PDRP	PDI	PDPI	PDW	PDMU	PDRV	PDMH
Neighborhood Convenience
Size (max.)	10,000 s.f				10,000 sf		5,000 sf	5,000 sf
Location	Collector or Higher			Collector or Higher		Collector or Higher	Primary Entrance	Primary Entrance
Orientation					Oriented Internally	Oriented Internally	Oriented Internally	Oriented Internally
Other Retail
Size (max.)					15,000 sf max.		10,000 sf max.	5,000 sf max.
Location		Collector or Higher	Collector or Higher	Collector or Higher	Collector or Higher		Collector or Higher	Collector or Higher

Retail restrictions per future land use category. The Manatee County Comprehensive Plan restricts the size of commercial developments based on the type of retail and the location within the various future land use categories as follows:

Table 5-2: Maximum Commercial Square Footage Allowed per Future Land Use (FLU) Category

FLU	Maximum Square Footage of Retail per Type
FLU	Neighborhood	Community	Regional
Ag/R	Small	-	-
ER	Small	-	-
RES-1	Medium	-	-
RES-3	Medium	-	-
RES-6	Medium	-	-
RES-9	Medium	-	-
RES-12	Medium	-	-
RES-16	Medium No maximum size prescribed for development along Urban Corridors*	-	-
UF-3	Medium Large with Limitations (See Policy 2.2.1.11.5)	-	-
OL	Small (office only)	-	-
R/O/R	Large No maximum size prescribed for development along Urban Corridors*	Large	Large
IL	Small	-	-
IH	Small	-	-
IU	Small	-	-
MU	Large	Large	Large
OM	5,000 sf For Office Uses: Medium Exempt from 2.10.4.1 & 2 1,000 sf of retail per 30,000 sf of office, with a max. 5,000 sf for the entire site will be established for all projects outside the urban core area. 2,000 sf of retail per 30,000 sf of office, with a max. 10,000 sf for the entire site will be established for all projects within the urban core area.	-	-
MU-C/AC-1	Large	Large	Large
MU-C/AC-2	Large	Large	Large
MU-C/AC-3	Medium	-	-
MU-C/R	Medium 150,000 sf for DRI's and Large Projects (as permitted by Policy 2.10.4.2)	-	-
MU-C/RU	Medium	-	-

^* Provided the development meets the standards of Section 902.

(Ord. No. 16-06 , § 3(Exh. A-4), 11-15-16; Ord. No. 16-24 , § 3(Exh. A-5), 11-15-16)

Table 5-3: Maximum Commercial Project Square Footages

Category of Commercial Use	Without Special Approval	With Special Approval
Small	3,000	30,000
Medium	30,000	150,000
Large	50,000	300,000

;hn0; (Ord. No. 16-06 , § 3(Exh. A-4), 11-15-16; Ord. No. 16-24 , § 3(Exh. A-5), 11-15-16)

Sites along a designated urban corridor, as defined in Chapter 2, do not require Special Approval to achieve the maximum size listed in Table 5-3. Commercial projects in excess of the three hundred thousand (300,000) square foot limit may be considered for projects which contain primarily office uses, or for other projects in high access locations as described in Policy 2.10.3.3.

Medical Marijuana Treatment Center Dispensing Facilities.

The minimum distance from the proposed medical marijuana treatment center dispensing facility to the real property that comprises a public or private elementary school, middle school, or secondary school shall be five hundred (500) feet.

The applicant shall furnish a certified specific use survey from a Florida registered engineer or surveyor. The survey shall be performed within thirty (30) days prior to application submittal. The survey shall indicate the distance between the proposed medical marijuana treatment center dispensing facility and the real property comprising any public or private elementary, middle, or secondary school facility within a 500-foot radius.

The distance separation requirement shall be measured from the real property line of the medical marijuana treatment center dispensing facility to the real property line of the public or private elementary, middle or secondary school.

The uses permitted on the premises of the medical marijuana treatment center dispensing facility shall be limited to the retail dispensing of medical marijuana, in accordance with Florida Law.

Signage. The signage of the medical marijuana treatment center dispensing facility shall be in accordance with Section 381.986, Florida Statutes, (2017). The size of the signage is limited to that provided for in Chapter 6 of the LDC.

(Ord. No. 16-06 , § 3(Exh. A-4), 11-15-16; Ord. No. 16-24 , § 3(Exh. A-5), 11-15-16; Ord. No. 17-47 , § 3(Exh. A-3), 9-7-17)

531.50. Schools.

All accessory parking lots and playing fields shall be oriented in such a manner so as not be located adjacent to residentially zoned property. If this cannot be met, then those areas shall be screened with either a solid fence or landscaping reaching eighty (80) percent opacity within two (2) years.

531.51. Service Stations/Gas Pumps.

Location. A service station shall be so located to provide sufficient distance from any church, playground, playfield, park, hospital, public or private school, public library, theatre, auditorium, stadium, public assembly hall or similar facility to minimize hazards to pedestrians or vehicles, minimize congestion, and to protect the attractiveness of the immediate area of such facilities.

Lot Dimensions. A service station lot shall be of adequate width and depth to meet the setback requirements of the district regulations and as set forth below, but in no case shall the minimum frontage on any street be less than one hundred fifty (150) feet.

Setbacks. No main or accessory building, gasoline pump, tank, vent, pump island, or pump island canopy shall be located within twenty-five (25) feet of any property line.

Service Bays. The number of service bays shall be limited to four (4) per site. Facilities that include more than four (4) service bays shall be classified as Major Vehicle Repair.

Flammable Liquids Products Storage. All receptacles, tanks or facilities for the storage of flammable liquids in excess of five hundred (500) gallon quantities shall be located underground. Liquefied Petroleum Gas (LPG) tanks over five hundred (500) gallons may be installed above ground. The storage, utilization, or manufacture of flammable, combustible liquids, or gases shall comply with 540.7.J.1, Fire and Explosive Hazards, Florida Department of Environmental Protection 17-761 and 17-762.

Interior Traffic Circulation. When a service station is established in conjunction with a retail sales establishment, such as the sale of convenience goods, the retail use shall be adequately separated from the sale of gasoline or servicing of vehicles to provide safe and efficient on-site traffic circulation. The area containing the gas pumps and the circulation around these pumps shall be considered vehicle use area and shall provide landscaping meeting the standards of Section 701.

Neighborhood Commercial (NCS and NCM) Districts. The following additional regulations shall apply in the Neighborhood Commercial Districts.

There shall be a maximum of four (4) gas pumps per premise.

Vehicle repair services accessory to the gasoline station shall be limited to tune-ups, oil changes, and tire repair.

Convenience stores and car washes with gas pumps shall be limited to one (1) island with two (2) gas pumps, as defined in Chapter 11. Any such convenience store with gas pumps located in an area with a Future Land Use Designation of AG/R shall be allowed one (1) additional pump island.

Cortez Fishing Village HA Overlay District. Service stations in the Cortez Fishing Village HA Overlay District shall meet the following standards:

There shall be a maximum of one (1) island with two (2) gas pumps per island.

There shall be a maximum of two (2) service bays.

Canopy lighting may not include drop down light bulbs or bulbs that extend below the surface of the canopy.

Planned Development Districts. Service Stations or accessory gas pumps within the PDRP, PDI, PDC, PDPI, or PDMU District shall be located on a collector or higher and follow the requirements of this section.

Non-Retail Pumps. Non-retail gas pumps accessory to an agricultural use or boat docking/storage facility are allowed regardless of the zoning district requirements.

Urban Corridors. Service stations not taking advantage of the additional development intensity offered in Chapter 4 are not required to meet the standards of Section 902. However, a street wall meeting the standards of Section 902.4.G. (Street Walls) shall be provided to screen vehicular use areas.

(Ord. No. 16-06 , § 3(Exh. A-4), 11-15-16)

531.52. Sexually Oriented Businesses.

Location. No adult entertainment establishment shall be located within five hundred (500) feet of any unincorporated area in Manatee County zoned A-1, the RSF districts, RDD districts, RSMH districts, RMF districts, PDR, PDMH, PDRV, VIL districts, nor within two thousand (2,000) feet of any day care center or public recreation facility. No adult entertainment establishment shall be located within two thousand five hundred (2,500) feet of any church or school.

Entranceway Location Prohibition. No adult entertainment establishment shall be located within or adjacent to property, designated as entranceways, Section 900 of this Code.

Location as to Other Adult Entertainment Uses. It shall be unlawful to locate any adult entertainment establishment within one thousand (1,000) feet of any other adult entertainment establishment.

Method of Measuring Distances. Distances shall be measured from property line to property line, along the shortest distance between property lines, without regard to the route of normal travel.

Applicability of Other Laws and Ordinances. Nothing in this Section shall be construed to permit the operation of any business or the performance of any activity prohibited under any other section of this Code or other applicable law or regulation. Additionally, nothing in this Code shall be construed to authorize, allow, or permit the establishment of any business, the performance of any activity, or the possession of any item, which is obscene under the judicially established definition of obscenity.

Waiver. The Board, after study and recommendation by the Department Director, and Hearing Officer, may grant a waiver of the locational provisions for any adult entertainment establishment upon a finding that all of the following requirements have been met:

That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the Code will be observed;

That the proposed use will not enlarge or encourage the development or a "skid row" or blighted area; and

That the establishment of an additional such regulated use in the area will not be contrary to any program of neighborhood conservation, and will not interfere with any program of urban renewal.

Procedure for Hearing Waiver Requests. Any waiver request shall be the subject of public hearings before the Board.

Non-conforming Adult Entertainment Establishments.

Adult entertainment establishments which have been established at their existing locations prior to August 21, 1987, shall be considered a non-conforming use and may continue to operate subject to Chapter II, Non-Conformities.

Subsequent to its establishment in a permitted location under this Section, an adult entertainment establishment operating as a conforming use is not rendered a non-conforming use by the location of:

A church or school within two thousand five hundred (2,500) feet of such an adult entertainment establishment and day care center or public recreation facility within two thousand (2,000) feet of such an adult entertainment establishment; or

Property in any unincorporated area of the County which has been subsequently rezoned to A, A-1, RSF-1, RSF-2, RSF-3, RSF-4.5, RDD-3, RDD-4.5, RSMH 4.5 and 6, PDR, PDMH, PDRV, PDO, PR-S, PR-M, NC-S, NC-M or CON within 500 feet of such an adult entertainment establishment; or

If a non-conforming distance situation can be eliminated by the abatement of one (1) or more such adult entertainment establishment, the establishment which has been in business for the longest period of time shall be permitted to remain.

License. All Adult Entertainment uses shall comply with the licensing and other provisions of the Adult Entertainment Code, Ordinance No. 84-11 as amended.

Minimum Age Requirements.

No adult entertainment establishment shall allow minors by virtue of age in any such establishment at any time.

Incidental materials vendors shall not allow minors by virtue of age into areas of their establishments that contain adult materials or products.

Incidental Materials Vendors.

Such business or place shall provide within three (3) days of a request by the Department Director, such information as may be required to determine whether more than ten (10) percent of the business stock is devoted to adult materials.

All adult materials shall be kept in a location where no portion is visible to the public in the establishment, and said materials are not available to the customers of such place as a self-service item.

Enforcement. In addition to the enforcement procedures for violation of this Code set forth in Chapter 1, adult entertainment establishments not in conformity with the requirements of this section are declared to be nuisances, and the Department Director shall bring such establishments to the attention of the Board, which may direct the Office of the County Attorney to bring appropriate civil action in the court of appropriate jurisdiction for their abatement.

531.53. Solid Waste Management Facilities.

Rezone to MP-II. Sanitary landfills, solid waste transfer stations, and other major utility uses, can only be allowed within the P/SP future land use category and require a rezone to MP-I.

Approval Requirements. New waste management facilities shall conform to all Federal, State and County laws, rules, regulations and zoning requirements; and shall be approved by the Department Director with respect to need and impact.

Submission of Date. In addition to all other applicable provisions of this Code, an environmental impact statement (EIS) shall be submitted with the permit application for any such facility. The statement shall include at a minimum the following data with appropriate maps and site designs: proposed location, siting, facility design, time frame for construction, anticipated life span, types and amounts of materials to be processed; processing system; resultant products and by-products; markets; waste disposal; negative and beneficial impacts on the environment and County facilities and infrastructure; and any other information the County may deem necessary to properly evaluate the proposed facility.

Nuisance, Health and Safety. All solid waste storage, transfer, processing or disposal sites and facilities shall be maintained or operated in such a manner as to not emit unreasonably unpleasant or noxious odors which are perceptible by the average person at or beyond the lot line. All facilities shall be maintained and operated in a manner to prevent the attraction of vectors, such as rats and insects, and to avoid the dispersal of wastes beyond the storage or work area. See also Part V of this chapter, Adverse Impact Performance Standards.

Standards for Landfills.

The minimum lot size requirements shall be one hundred (100) acres. No landfill shall be located within one thousand (1,000) feet of any residentially zoned lot.

Every approval for a sanitary landfill shall be deemed to incorporate as specific conditions all other provisions of law related to such use at the time of issuance.

Upon the completion of operations, the landfill shall be closed according to the requirements of applicable State law and County regulations. The Department Director shall administer, monitor and enforce the requirements of this section.

Landfills shall not be located:

Within ten thousand (10,000) feet of any runway being used or capable of being used by turbojet or turbo prop aircraft.

In a position where the runways or approach and departure patterns of an airport are between the landfill and bird feeding, water, or roosting areas.

Landfills which meet the above parameters, but are within the lateral limits of the airport zones described in Section 403.2, will be reviewed on a case-by-case basis.

Standards for Resource Recovery Facilities.

All solid waste management facilities shall be set back at least fifty (50) feet from all property lines.

All outdoor storage shall be screened with an eight (8) foot high fence around the entire storage area.

All resource recovery facilities shall gain access directly from a street designated as collector or higher on the functional classification map except if accessory to a landfill.

The Minimum Lot Size shall be two (2) acres.

531.54. Utility Uses.

Location. Utility uses shall only be allowed where necessary to render efficient service to an area. Wastewater treatment facilities are prohibited in the CON district.

Heavy Utility Uses. Utility uses which have adverse visual, health, safety, or welfare impacts on adjacent property or residents are defined as Heavy Utility Use within this Code. Heavy Utility Uses are only permitted within the P/SP(1) future land use category and require a PDPI zoning.

Standards for All Utility Uses.

Utilities and facilities, other than buildings, shall not be required to comply with the dimensional development standards of the zoning district, as specified in Chapter 4.

No land or building in any district other than "HM" (Heavy Manufacturing), "LM" (Light Manufacturing), "HC" (Heavy Commercial), or "A" (General Agricultural) shall be used for the outside storage of materials or equipment, or for the repair or servicing of vehicles or equipment, or for the parking of vehicles except those needed by employees connected with the operation of the immediate facility. However, utility service and supply yards not exceeding one (1) acre may be allowed in other districts upon showing of a demonstrated need.

In all zoning districts except the LM, HM, HC, and A districts, all equipment, machinery and facilities not located within an enclosed building shall be adequately screened in accordance with the requirements of Section 701, Landscaping.

Exemptions. Any public or private utilities or facilities specifically approved in accordance with the standards of this section in connection with another application for development approval shall not be required to obtain a separate development approval.

See Section 531.53 for specific standards applicable to Solid Waste Management Facilities.

Rack-Mounted Alternative Energy Generation Facility.

Location. Facilities shall be located in agricultural, industrial, and/or Planned Development zoning districts pursuant to Chapter 4. However, such facilities shall not be located within the Historical and Archaeological Overlay District, the Historic Vista Protection Overlay District, or the Coastal High Hazard Overlay District as defined in this Code.

Facilities may be enclosed with a security fence with a minimum height of six (6) feet to discourage unauthorized entry. The fence location and maximum height shall comply with the requirements of this Code. Clearly visible warning signs shall be placed on the fence and/or site perimeter, if applicable.

Existing vegetation shall be preserved to the maximum extent possible. Where unique natural features provide vegetative screening, which meets or exceeds the standards required in this section, the Department Director may approve an alternative landscape and screening plan.

Height. Installed solar panels shall have a maximum height of 15-feet as measured when the panels are tilted to the design degree that creates the greatest overall height. All other structures shall conform with the principal or accessory structure height requirements of this Code.

For purposes of calculating the open space requirements, the area of the solar panels and transmission lines shall be considered open space if the ground beneath the panel remains pervious.

Alternative Energy Generation Facilities are exempt from the Special Approval provisions of the Manatee County Comprehensive Plan and this Code.

For purposes of this use, the term "adjacent" shall not include a use or zoning that is located on the opposite side of an arterial or collector roadway.

Standards for Rack-Mounted Alternative Energy Generation Facility in the Agricultural Zoning District (A).

Setbacks. From any property line, adjacent to residentially used or zoned property, a minimum setback of fifty (50) feet is required.

From any property line adjacent to non-residential uses or zoning, the minimum setbacks for the "A" zoning district as shown in Table 4-4 shall apply. These setbacks shall apply to all solar panels and other above-ground structures excluding transmission line poles.

Roadway Buffer. If adjacent to a public right-of-way, the minimum buffer width shall be ten (10) feet and the plantings shall be comprised of two and one-half (2½) native palms and thirty-three (33) native shrubs per one hundred (100) linear feet. The shrubs shall be twenty-four (24) inches in height at the time of planting. The palms shall be fifteen (15) feet in height or the height of the solar panels whichever is less.

Screening. For screening purposes, this use is classified as "Community Service Uses" (refer to Table 7-4 Buffer Screening Matrix; Width of Buffer Required [In Feet]). If adjacent to residentially used or zoned parcels, screening shall be comprised of two and one-half (2½) native palms and thirty-three (33) native shrubs per one hundred (100) linear feet. The shrubs shall be twenty-four (24) inches in height at the time of planting. The palms shall be fifteen (15) feet in height or the height of the solar panels whichever is less.

Standards for Rack-Mounted Alternative Energy Generation Facility in Industrial (LM or HM) or Planned Development Zoning Districts (PDPI, PDI, PDEZ).

Setbacks. The solar panels shall meet the minimum setbacks established in Table 4-4 for the applicable zoning district. For Planned Development District zoning, the setbacks established in the Zoning Ordinance shall apply.

These setbacks shall apply to all solar panels and other above-ground structures excluding transmission line poles.

Screening. For screening purposes, this use is "Community Service Use" (refer to Table 7-4: Buffer Screening Matrix; Width of Buffer Required [In Feet]). The screening plants shall be comprised of two and one-half (2½) native palms and thirty-three (33) native shrubs per one hundred (100) linear feet. The shrubs shall be twenty-four (24) inches in height at the time of planting. The palms shall be fifteen (15) feet in height or the height of the solar panels whichever is less.

(Ord. No. 18-18 , § 3(Exh. A-3), 8-23-18)

531.55. Vending, Soliciting and Peddling.

Findings of Fact and Purpose.

The proper location for the conduct of commercial activities, in accordance with this Code, is on private property and no person has an inherent right to conduct commercial activities in, on, or along the public roads or rights-of-way.

The use of public property, including public roads and the rights-of-way adjacent thereto, to engage in activities protected under the First Amendment of the United States Constitution and Article I, Florida Constitution, may be regulated as to time, place and manner.

It is the purpose of this Code to provide for the regulation of activities in the vicinity of all roads and arterials shown on the Major Thoroughfare Map, and under the general police powers of the County, and not to provide for the regulation of traffic in accordance with the authority provided to the County under F.S. ch. 316.

The regulations and prohibitions contained in this Code have been determined to be the least restrictive means for regulating the time, place and manner of activities protected under the Constitution of the United States, the State of Florida, this Code, and the terms hereof impose reasonable regulations with respect to the conduct of commercial activities upon the public roads and the rights-of-way adjacent thereto.

With respect to the prohibitions established in this Code, all roads and arterials shown on the Major Thoroughfare Map, such prohibitions shall remain in effect twenty-four (24) hours per day every day. These prohibitions have been found necessary after due consideration to provide for the reasonable protection of the health, safety and welfare of persons in or traveling through Manatee County.

Definitions Specific to this Section.

No matter how designated, public rights-of-way shall mean all public streets, roadways and highways, ordinarily used for vehicular and pedestrian travel, including any berm, shoulder, median, sidewalk, bicycle path, pedestrian safety areas and additional rights-of-way dedicated to public use, whether landscaped or not or whether or not the same has been improved for its intended purpose.

Vending, soliciting, peddling, displaying for sale or offering for sale, in addition to the commonly understood meanings of such words and activities, shall include advertising or advertisements of any kind which by any means attempt to convey to the public a notice of sale or notice of intention to conduct a sale.

Prohibited Uses of Public Rights-of-Way. It shall be a violation of this Code to engage in any vending, soliciting, peddling or displaying for sale or offering for sale any merchandise of any nature or kind whatsoever on or along roads and arterials shown on the Major Thoroughfare Map, within the unincorporated areas of Manatee County. This prohibition includes all vending, soliciting, peddling, displaying for sale or offering for sale any merchandise, whether for commercial purposes or charitable, non-profit or religious purposes.

Exemptions. This Code shall not apply to:

The emergency repairing or servicing of vehicles disabled while traveling on such road.

Newspaper racks located in such rights-of-way, provided, however, that any such rack located in a manner determined by the Transportation or Department Director to constitute a threat to public safety, shall be relocated within fourteen (14) days after notice from the Department Director. Such notice shall cite with particularity the circumstances giving rise to a concern for safety. Anyone objecting to such notice may ask that the matter be heard by the Board and shall be provided an opportunity to rebut the Department Director's determination that such vending rack constitutes a threat to public safety.

Peddlers, vendors or solicitors traveling from place to place, whether on foot or by vehicle, who are not engaged in the activity of selling or offering for sale or soliciting of any kind while traversing through any of the collector roads or arterials shown on the Major Thoroughfare Map.

Any commercial activity related to the sale or soliciting for sale of any merchandise or wares by any person at the door or in the home of the occupant of property abutting any road or arterials shown on the Major Thoroughfare Map.

Effect on Other Ordinances and General Law. The provisions of this Ordinance shall prevail in the event of a conflict with the provisions of any existing County Ordinance or regulation. Provisions of this Code shall not be construed in a manner to conflict with or prohibit any activity permitted under the general law to the extent of any such conflict.

Penalties. Violation of this Section shall be punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail not to exceed sixty (60) days, or by both such fine and imprisonment. The Sheriff shall enforce the provisions of this Section.

531.56. Vehicle Repair, Major.

No outdoor speakers shall be allowed adjacent to residential areas.

Additional trees equal to one (1) tree per thirty (30) feet shall be provided adjacent to residential areas, along with a solid six (6) foot fence.

A filtration system shall be installed as stipulated under 801.3.I, and located before pollutants enter the retention/detention area.

All motor vehicle repair establishments which repair boat motors shall provide a screened area for the parking and storage of all boats.

This area shall be screened with a solid minimum six (6) foot fence and landscaping per Section 701. Such areas shall be set back from property zoned A-1, RSF, RMF, RSMH, PDR, PDMU and PDW by a distance of twenty-five (25) feet.

There shall be no parking of boats outside of this storage area, except for those boats immediately entering or exiting the premises.

531.57. Vehicle Sales, Rental, Leasing.

This use shall require Special Permit approval in the GC district if the proposed location is adjacent to property that is either developed residentially or has a residential zoning or Future Land Use Category. If the site is not adjacent to such residential development, zoning or category, then it shall be allowed by Administrative Permit.

Vehicles sales shall only be conducted on a lot approved for the specific use and within the designated zones stipulated in Chapter 4, except that the display for sale of not more than three (3) vehicles owned by the property owner in any twelve (12) month period is allowed in all zoning districts. No vehicle sales shall encroach upon any rights-of-way or public lands.

No outdoor speakers shall be used in conjunction with this business when such business is located adjacent to property zoned A-1, RSF, RDD, RMF, RSMH, PDR, PDMU or PDW.

All outdoor sales areas shall be located no less than twenty (20) feet from any adjacent property zoned A-1, RDF, RDD, RMF, RSMH, PDR, PDMU or PDW.

All outdoor vehicle display areas shall be screened from adjacent side and rear property lines per the requirements of Section 701.3.

Commercial Vehicle Sales within the PDI District shall be located on a collector or higher and oriented towards the exterior of the project.

(Ord. No. 16-24 , § 3(Exh. A-5), 11-15-16)

531.58. Veterinary Hospitals and Clinics.

All Veterinary Hospitals and Clinics caring for small animals shall be within a completely enclosed building, and adequately soundproofed. Technical evidence and documentation shall be prepared by an engineer or architect to demonstrate to the Building Official that the structure is adequately soundproof. Also, the facility shall be constructed so that there will be no emission of odor or noise detrimental to other property in the area.

All Veterinary Hospitals and Clinics caring for large animals shall be located with the confinement area no closer than fifty (50) feet to any lot line. In addition to the confinement area, the treatment and confinement facilities shall contain a minimum of five (5) large animal stalls which shall be in a completely enclosed building, and constructed so that there will be minimum emission of odor to adjacent property.

531.59. Warehouses.

Any warehouse located adjacent to single family residentially zoned property shall provide a solid opaque fence along the property perimeter adjacent to said residential property.

531.60. Water Dependent Uses.

Water dependent uses not meeting the requirements the floodplain management regulations shall only be allowed by a variance. Variances may be issued as allowed in Section 802.7.

All water dependent uses structures shall be protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

Proposed structures should be brought into compliance without a floodplain variance if possible by dry flood proofing the structure in accordance with FEMA's "Floodproofing Non-Residential Buildings Manual."

                    
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