§ 3.17.00. Development Standards for Major Special Exception Uses.
The purpose of this Section is to set criteria for approval of Major Special Exception Uses. Major Special Exception Uses are those uses that have some special impact or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. Major Special Exception Use Permits shall be granted in accordance with the provisions of Section 7.12.00. Special standards and requirements presented in this Section are conditions for approval of Major Special Exception Uses and shall be binding on all development authorized under the Major Special Exception Use Permit.
Where standards provided herein exceed and/or create greater restrictions than those of the underlying zoning district, this Section shall supersede any other provision of this code. Where no standard is established in this Section that section of the relevant zoning district shall apply.
3.17.01. Adult Entertainment Establishment.
It is the purpose and intent of this Section to provide appropriate sites within the County for adult entertainment establishments, and to ensure the peace and tranquility of the community.
(A)
The establishment must be located at least 1,500 feet from a church, daycare or any school (Pre-Kindergarten, Kindergarten, Elementary, Junior High, High School, Junior College or College) whether public or private.
(B)
The establishment must be located at least 1,000 feet from any residence or residentially-zoned property.
(C)
Points of ingress/egress to the property must connect to a road having a functional classification of Collector or higher.
3.17.02. Shopping Center (250,000+ s.f.).
It is the purpose of these standards to provide minimum development guidelines for a shopping center of greater than 250,000 s.f. of gross leasable area (SFGLA). These provisions are intended to protect established or permitted uses in the vicinity of such a shopping center and to protect and promote the orderly growth and development of Hardee County.
(A)
Development Site Requirements.
(01)
Minimum Lot Size. An area not less than 550,000 square feet, with a minimum frontage of 1,000 feet.
(02)
Setbacks.
Front: 75 feet Side: 50 feet if contiguous to property designated for residential use on the Future Land Use Map. 30 feet if contiguous to property designated for commercial or industrial use on the Future Land Use Map. Rear: 75 feet if contiguous to property designated for residential use on the Future Land Use Map. 40 feet if contiguous to property designated for commercial or industrial use on the Future Land Use Map. (03)
Maximum Lot Coverage. No more than 27% of the development site shall be covered by structures.
(B)
Design Requirements.
(01)
Lighting: All lights shall be shielded to focus and direct lighting onto the shopping center, and away from adjacent property, but may be of sufficient intensity to discourage vandalism and theft. Reference Section 3.14.00, Performance Standards, for applicable glare and lighting standards.
(02)
Fencing: Where a property line abuts and is contiguous to any residential land use classification, a six-foot solid face masonry wall, in addition to required buffer yards, shall be constructed along, or within 10 feet, of the property line.
(03)
Signs: See Article 4, Section 4.04.01.
(04)
Landscaping: Canopy and buffer yards shall be provided in accordance with the standards of Section 3.15.00.
(05)
Parking: There shall be a minimum of 5.5 parking spaces per 1,000 SFGLA.
(06)
Off-Street Loading: There shall be a minimum of one off-street loading space for each 25,000 SFGLA in the center.
3.17.03. Automotive: Junkyard.
The following standards apply:
(A)
Storage of Materials.
(01)
In no case shall material that is not salvageable be buried or used as fill;
(02)
Junkyard operators shall be responsible for compliance with all applicable Federal and State regulations;
(03)
In any open storage area, it shall be prohibited to keep any icebox, refrigerator, deep-freeze locker, clothes washer, clothes dryer, or similar air-tight unit having an interior storage capacity of 1½ cubic feet or more from which the door has not been removed;
(04)
There shall be no accumulation or storage of materials greater than the height of the fence.
(B)
Screening. All junkyards shall comply with the following screening requirements:
(01)
All outdoor storage facilities shall be surrounded by a dirt berm or a fence no less than eight feet in height, of the following choices: wood, chain link with inserts, masonry or metal; which shall be in addition to the buffer yard required by Section 3.15.00 shall be constructed along or within 10 feet of the property line. Specifications for the type of fences are as follows:
a.
Wood fence: Privacy fence constructed of cypress, redwood or wood treated for outdoor exposure;
b.
Chain link with inserts: Must be of non-corrosive construction; inserts must be maintained so that there are no breaks or gaps; inserts must be metal or plastic;
c.
Masonry: Shall be constructed and maintained to present a clean, uniform appearance; or
d.
Metal: Shall be constructed and maintained to present a clean, uniform appearance with no rust and with no gaps showing.
(02)
Gates at entrance or exit shall be of a material without openings;
(03)
The screen shall be constructed of the same type of material throughout;
(04)
Screens shall be maintained and in good repair at all times.
3.17.04. Light Industry: Airports and Aviation Uses.
(A)
Landing strips and heliports, accessory hangers and sheds are subject to the intensity class performance criteria applicable to the underlying zoning district.
(B)
The area proposed for this use shall be sufficient and the site otherwise adequate to meet the standards of the FAA.
(C)
Any proposed runway or landing strip shall be situated so that any structures, high voltage power lines, towers, chimneys, and natural obstructions within the approach zones shall comply with regulations for height restrictions in airport approach zones of the FAA.
(D)
There shall be sufficient distance between the end of each usable landing strip and the airport boundary to satisfy the requirements of the FAA. If air rights or easements have been acquired from the owners of abutting properties in which approach zones fall, proof thereof shall be submitted with the application.
(E)
No existing or planned approach areas shall be permitted over existing residential areas or over vacant areas zoned for future residential development; however, approach areas may be allowed over such vacant areas if deed restrictions or other mechanisms ensure that they will not be developed for residential uses.
(F)
Off-street parking required: one space for every plane space within the hangers plus one space for every tie-down space plus one space for every two employees.
(G)
Building setback: All hangers or structures other than administration buildings shall be at least 100 feet from any street or lot line.
(H)
All repair of airplanes and machinery shall be done at least 100 feet from any street or lot line.
(I)
Residential uses shall not be located within the approach path or the noise zone.
3.17.05. Heavy Industry.
3.17.05.01. Bulk Storage of Chemicals, Petroleum Products and/or Explosive Gases.
(A)
Adequate containment must be utilized. Facilities and procedures shall be designed to prevent substances from entering the water or soil, and employ adequate means for prompt and effective cleanup of spills that do occur. See Article 5, Section 5.03.08 for more specific guidelines.
(B)
Containment must be adequate for any leaks or spills that may occur.
(C)
Storage of these kinds of materials must be appropriate to the surrounding land uses.
(D)
The facility shall meet applicable standards for noise, smoke, lighting, and gases established in Section 3.14.00, Performance Standards.
(E)
Setback for the bulk storage and disbursement of chemicals and explosive gases must meet all applicable State and Federal Standards.
3.17.05.02. Cannery.
(A)
Minimum lot size shall be one-half acre.
(B)
The buffer yard abutting the right-of-way of a public road shall be a buffer yard "D", see Table 3.15F, Figure D.
(C)
All lights shall be shielded to focus and direct lighting onto the uses established, and away from adjacent property, but may be of sufficient intensity to discourage vandalism and theft. Reference Section 3.14.00, Performance Standards, for applicable glare and lighting standards.
(D)
Stored material shall be completely screened from view by an opaque fence no less than eight feet in height in addition to the buffer yard required by Section 3.15.00. This fence may be constructed along the property line of wood, chain link with inserts, masonry or metal. Specifications for the type of fences are as follows:
(01)
Wood fence: Privacy fence constructed of cypress, redwood or wood treated for outdoor exposure;
(02)
Chain link with inserts: Must be of non-corrosive construction; inserts must be maintained so that there are no breaks or gaps; inserts must be metal or plastic;
(03)
Masonry: Shall be constructed and maintained to present a clean, uniform appearance; or
(04)
Metal: Shall be constructed and maintained to present a clean, uniform appearance with no rust and with no gaps showing.
3.17.05.03. Commercial Incinerator.
Major Special Exception Use approval is required in I-1-, I-2- and A-1-zoned districts.
(A)
Incinerator facility shall be located at least, 1000 feet from any property line.
(B)
Landscaping shall be provided in all setback areas according to Landscape Standard "D" See Section 3.15.00.
(C)
Incinerator facility shall meet applicable standards for noise, smoke, lighting, and gas established in Section 3.14.00, Performance Standards.
3.17.05.04. Fertilizer Plant.
The facility shall meet applicable standards for noise, smoke, lighting, and gases established in Section 3.14.00, Performance Standards.
3.17.05.05. Food Processing Plant.
The facility shall meet applicable standards for noise, smoke, lighting, and gases established in Section 3.14.00, Performance Standards.
3.17.05.06. Manufacture of Building Materials.
The facility shall meet applicable standards for noise, smoke, lighting, and gases established in Section 3.14.00, Performance Standards.
3.17.05.07. Manufacture or Storage of Explosives.
The facility shall meet applicable standards for noise, smoke, lighting, and gases established in Section 3.14.00, Performance Standards.
3.17.05.08. Processing of Raw Materials.
The facility shall meet applicable standards for noise, smoke, lighting, and gases established in Section 3.14.00, Performance Standards.
3.17.05.9. Slaughterhouse.
(A)
Adequate containment must be provided on the site in accordance with State and Federal Standards.
(B)
Disposal of by-products must be done on the site. Containment must be adequate to control all unpleasant odors from escaping the site.
(C)
Must be set back at least 100 feet from any property line; must not be located within 1,000 feet of a residence or residentially-zoned area.
3.17.06. Mining: Greater than 1 Acre/Year.
The standards and criteria of Section 3.14.03 et seq. shall apply.
3.17.07. Public Service Facilities.
3.17.07.01. Transmission Lines.
Lines of greater than 250 KW must be set back 500 feet from a residence in all districts.
(Ord. No. 2012-05, 8-2-12)