AGENDA MEMORANDUM

MEETING DATE: September 13, 2010

FROM: Bill Wiley, AICP, Community Development Director

SUBJECT: Ordinance Amending the Code of Ordinances Chapter 25 Zoning (Land Development Code)

Staff Recommendation:

The Planning staff and Planning Commission recommend approval of the referenced amendments to the Code of Ordinances Chapters Chapter 25 Zoning (Land Development Code).

Analysis:

On August 19, 2010, the Planning held a public hearing on these amendments requested by staff, and, by a vote of 7 to 0, recommended approval of the amendments.

The majority of these amendments are house keeping items necessary to correct omissions, revise language and clarify or simplify the Land Development Code, which was adopted in 2004 with revisions in 2006, 2008, 2009 and 2010. The amendments included changing various Limited and Conditional Uses to Permitted Uses for Planned Districts, and clarifying Assisted Living uses and revising requirements for medical facilities uses. Additional amendments include changing C-3 Highway Commercial uses for vehicle sales and service from permitted to Conditional Use Permit. Also, changed are the requirements for wall signs for large commercial uses and complexes. An Executive Summary dated August 2010 is attached to summarize the recommended amendments.

Options:

1. Approve the recommended amendments to the Code of Ordinances Chapter 25 Land Development Code.

2. Other such action as the Commission may deem appropriate.

Fiscal Impact:

There should be no fiscal impact to the City with these proposed changes.

Submission Date and Time: 9/22/10 5:06 PM____

Department: Community Development

Prepared by: Bill Wiley, AICP

Attachments: Yes__X_ No ______

Advertised: ____Not Required ______

Dates: __________________________

Attorney Review : Yes_X_ No ____

_________________________________

Revised 6/10/04

Reviewed by: Dept. Head __BW_____

Finance Dept. __________________

Deputy C.M. ___________________

Submitted by:

City Manager ___________________

Account No. _________________

Project No. ___________________

WF No. ______________________

Budget ______________________

Available _____________________

EXECUTIVE SUMMARY

LAND DEVELOPMENT CODE AMENDMENTS

CHAPTER 25 CODE OF ORDINANCES

August 2010

Article IV Zoning Districts

Sec. 25-284(3) Use Table – Change CIP (Commercial/Industrial Planned) to SPUD (Small Planned Unit Development) designation. Change various Limited and Conditional Uses to Permitted Uses for Planned Districts, and clarify Assisted Living uses and revise requirements for medical facilities uses. Change C-3 Highway Commercial uses for vehicle sales and service from permitted to Conditional Use Permit.

Sec. 25-284(4) Residential use and (5) Group Living categories – To clarify Assisted Living uses.

Sec. 25-284 (6) Public and civic use categories – To clarify governmental uses to add clinics.

Sec. 25-286 Residential uses (g) Transitional dwellings and Assisted living facilities – To add and clarify Assisted Living uses requirements.

Article V Site Design Standards

Sec. 25-361. Requirements for on-site traffic flow and parking – Clarification of the Schedule for Vehicular Parking Space Requirements for Exempted uses and restaurants.

Article VI. Sign Regulations

Sec. 25-424 Permitted signs – Clarification of the requirements for wall signs for large commercial, industrial uses and complexes with one hundred foot setbacks or larger.

Article XI. Definitions

Sec. 25-818. Definitions – Providing for clarification of Assisted Living residential facilities

Note: In the following amendments ~~strike throughs~~ are deletions and under lines are additions

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING AND/OR SUPPLEMENTING THE CODE OF ORDINANCES CHAPTER 25, ARTICLE IV, ZONING, SECTIONS 25-284(3), USE TABLE, (4) RESIDENTIAL USE CATEGORIES, (5) GROUP LIVING AND (6) PUBLIC AND CIVIC USE CATEGORIES, SECTION 25-284(C), SECTION 25-361, REQUIREMENTS FOR ON-SITE TRAFFIC FLOW AND PARKING, AND ARTICLE VI, SIGN REGULATIONS; AND ARTICLE XI DEFINITIONS SECTION 25-818 DEFINITIONS; PROVIDING A SAVINGS CLAUSE; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

SECTION I.

Chapter 25 Zoning of the Code of Ordinances of the City of Leesburg, Florida, is hereby amended as follows:

ARTICLE IV. ZONING DISTRICT CODE

Sec. 25-284. District use regulations.

The following uses categories are not zoning districts. These categories group uses for regulatory purposes. The names of some use categories (for example "commercial" may be similar to names for zoning districts (such as "neighborhood commercial").

(1) Approach to categorizing uses. The use categories found in the use table are set forth in this section. Any use not specifically set forth in this section is expressly prohibited, unless the planning and zoning manager or designee determines that the use is similar to a permitted use in accordance with this section. Where such similar permitted use is subject to limited use standards or conditional use approval, the proposed use shall also be subject to such standards or approval.

(2) Use table key--Types of uses.

a. Uses permitted by right (P). A "P" indicates that a use is allowed by right in the respective district. Such uses are subject to all other applicable requirements of these regulations.

b. Uses permitted as administrative limited uses (L). An "L" indicates a use that will be permitted subject to the use limitations in section 25-339 L's are uses that require the approval of the planning and zoning manager and the conditions expressed in section 25-339. Administrative limited uses are subject to all other applicable requirement of these regulations, including the additional standards contained in section 25-339, except where expressly modified by the planning and zoning manager as part of the administrative limited use approval. A sign is required to be posted on property informing public of request for limited use. Request granted, granted with modifications, deferred for additional information, or denied by staff within ten (10) days if no written objections stating reasons for objections are received from interested parties. If written objection received, request is scheduled for consideration by planning commission's next scheduled meeting.

c. Uses permitted as conditional uses (CU). A "CU" indicates a use that is allowed only where approved as a conditional use by the city planning commission. Conditional uses are subject to all other applicable requirements of these regulations, including the additional standards contained in section 25-285, except where expressly modified by the commission as part of the conditional use approval.

d. Uses not allowed. A blank cell in the use table indicates that a use is not allowed in the respective district.

(3) Use table.

TABLE INSET:

USE
CATEGORY

SPECIFIC

USE

RESIDENTIAL

COMMERCIAL, INDUSTRIAL AND MIXED USES

PUBLIC

RE-1

R1-A

R-1

R-2

R-3

C-1

C-2

C-3

~~CIP~~

SPUD

CBD

PUD

M-1

RESIDENTIAL USES

Household Living

Single-family detached

Single-family detached with Agricultural uses

Duplex

Triplex

Multifamily

Manufactured home park /

subdivision

Mobile Home

Guest House

Security Guard Residence

Short term rental

Live-work unit

Upper story residential

Assisted living homes (4)a

Planned Residential

Cluster, mixed residential uses etc.

Group Living

All group living, except as listed below

Group home and Assisted living facility(5), 6 or fewer residents

Group home and Assisted living facility(5), 7 to 15 residents

Group home and Assisted living facility(5), 16 or more residents

USE
CATEGORY

SPECIFIC

USE

RESIDENTIAL

COMMERCIAL, INDUSTRIAL AND MIXED USES

PUBLIC

RE-1

R1-A

R-1

R-2

R-3

C-1

C-2

C-3

~~CIP~~

SPUD

CBD

PUD

M-1

PUBLIC AND CIVIC USES

Community Service

All community service

Day Care

Family child care home, 5 or fewer

Large family child care home

Day care facility

Adult day care home (up to 6)

Adult day care facility (7 or more)

Educational Facilities

College or university

Day facility

Elementary school

Middle school

High School

Vocational, trade or business school

Government Facilities

All government facilities, except as listed below

Jail, prison, or work camp

Medical Facilities

All major medical facilities (Hospitals, rehab centers etc.) except as listed below

P(1)

Minor patient family accommodations

Parks and Open Areas

All parks and open areas, except as listed below

Cemetery, columbaria, mausoleum, memorial park

USE
CATEGORY

SPECIFIC

USE

RESIDENTIAL

COMMERCIAL, INDUSTRIAL AND MIXED USES

PUBLIC

RE-1

R1-A

R-1

R-2

R-3

C-1

C-2

C-3

~~CIP~~

SPUD

CBD

PUD

M-1

PUBLIC AND CIVIC USES

Passenger Terminals

All passenger terminals

Places of Worship

All places of worship

Social Service Institutions

All social service institutions, except as listed below

Neighborhood resource center

Utilities

Major utilities

Minor utilities

Off-site stormwater facility

Transmission Tower (See Sec. 25-771 et seq.)

USE
CATEGORY

SPECIFIC

USE

RESIDENTIAL

COMMERCIAL, INDUSTRIAL AND MIXED USES

PUBLIC

RE-1

R1-A

R-1

R-2

R-3

C-1

C-2

C-3

~~CIP~~

SPUD

CBD

PUD

M-1

COMMERCIAL USES

Indoor Recreation

All entertainment, except as listed below

Bar

Clubs and lodges

Entertainment, indoor

Firing, paintball or archery range, indoor

Gymnastics facility, indoor sports academy

Office

All offices

Building Trades and Contractors, administrative

Outdoor Recreation

All recreation, except as listed below

Circus grounds, winter quarters or training quarters

Community recreation facility

Dog or horse track, jai-alai fronton

Firing, paintball or archery range, outdoor

Golf course, clubhouse, yacht club, tennis club, country club

Recreational vehicle park/campground

Riding academy or public stable

Sports academy

Parking, Commercial

Ground parking

Parking structures

USE
CATEGORY

SPECIFIC

USE

RESIDENTIAL

COMMERCIAL, INDUSTRIAL AND MIXED USES

PUBLIC

RE-1

R1-A

R-1

R-2

R-3

C-1

C-2

C-3

~~CIP~~

SPUD

CBD

PUD

M-1

~~RESIDENTIAL USES~~ COMMERCIAL USES

Personal Services

Beauty and barber salons, tanning, florist etc.

Restaurants

All restaurants, except as listed below

Drive-thru (drive-in)

Retail Sales and Service

All retail sales and service, except as listed below

Animal hospital, veterinary clinic, animal boarding enclosed

Convenience store with gas pumps, gas station

Convenience store without gas pumps

Drive-thru retail sales or service

Kennel, outdoor

Package store

General repairs (lawn mower, etc.)

Self-Service Storage

All self-service storage (mini-storage)

Transient Accommodations

All transient accommodations, except as listed below

Bed and breakfast

Hotel, Motel etc.

USE
CATEGORY

SPECIFIC

USE

RESIDENTIAL

COMMERCIAL, INDUSTRIAL AND MIXED USES

PUBLIC

RE-1

R1-A

R-1

R-2

R-3

C-1

C-2

C-3

~~CIP~~

SPUD

CBD

PUD

M-1

~~RESIDENTIAL USES~~ COMMERCIAL USES

Vehicle Sales and Service

Car wash, full or self-service

Truck stop

Vehicle sales, leasing or rental

Vehicle service, intensive

Vehicle service, limited

Water-Oriented

Boat livery/marina

Boat sales not accessory to boat livery

Dock, pier or wharf (commercial)

USE
CATEGORY

SPECIFIC

USE

RESIDENTIAL

COMMERCIAL, INDUSTRIAL AND MIXED USES

PUBLIC

RE-1

R1-A

R-1

R-2

R-3

C-1

C-2

C-3

~~CIP~~

SPUD

CBD

PUD

M-1

INDUSTRIAL USES

Light Industrial Service

All light industrial service, except as listed below

Adult Entertainment (See Sec 25-292

Crematorium

Research laboratory without manufacturing facility

Open Storage

All Open Storage

Warehouse and Freight Movement

All warehouse and freight movement, except as listed below

Warehouse, storage without flammable liquids

Stockpiling

Waste-Related Service

All waste-related services

Recycling equipment and facilities

Wholesale Trade

All wholesale trade

Heavy Industrial

All heavy industrial

(4) Residential use categories.

a. Household living. TABLE INSET

Characteristics: Residential occupancy of a dwelling unit by a household on a month-to-month or longer basis in structures with self-contained dwelling units, including kitchens.

Principal Uses

Accessory Uses

Uses Not Included

Assisted living homes ~~facility~~ with self-contained individual units that meet the definition of a dwelling unit
Guest house
Retirement center apartment
Short-term rental
Single-family detached house, duplex, triplex, Quadplex, townhomes
Manufactured home

Accessory dwelling unit
Accessory structure that does not involve the conduct of business on the premises
Ancillary indoor storage
Dish antenna under three meters
Dock or pier (noncommercial)
Children's play area or equipment
Greenhouse or nursery, Personal (no sales)
Home occupation
In-home care for six or less persons
Off-street parking of occupants' registered vehicles
On-site day care (residents of a multifamily structure or use)
Private community center
Private garage, barbecue pit, carport, tool or garden shed, storage unit, swimming pool
Raising of pets
Storage structure, storage garage or open storage area for RV's or boats (manufactured home park or subdivision only)

Bed and breakfast establishment, hotel, motel, inn, extended-stay facility (see Transient Accommodations)
Group home for the physically disabled, mentally retarded, or emotionally disturbed that are not considered single-family residences (see Group Living or Social Service Institution)
Nursing or convalescent home (see Group Living)
Residential assisted living facility not having individual dwelling units (see Group Living)

(5) Group Living TABLE INSET:

Characteristics: Residential occupancy of a structure by a group of people that does not meet the definition of Household Living. Tenancy is usually arranged on a monthly or longer basis. Generally, Group Living structures have a common eating area for residents, and the residents may receive care or training.
Principal Uses	Accessory Uses	Uses Not Included
Boarding house, rooming house, fraternity, sorority, orphanage Community residential home Group homes for the physically disabled, mentally handicapped or emotionally disturbed with 14 or more residents Hospice, nursing or convalescent home Monastery, convent Residential assisted living facility without individual self-contained dwelling units (six persons equals one dwelling unit)	Ancillary indoor storage Associated office Food preparation and dining facility Off-street parking of vehicles for occupants and staff Recreational facility Activity centers	Alternative or post-incarceration facility, exclusive care and treatment for psychiatric, alcohol, or drug problems, where patients are residents, Treatment center, transient lodging or shelter for the homeless (see Social Service Institutions) Assisted living facility where individual units meet the definition of a self-contained dwelling unit (see Household Living) Bed and breakfast establishment, hotel, motel, inn, extended-stay facility (see Transient Accommodations) Membership club or lodge (see Indoor Recreation) Residential occupancy of a self-contained dwelling unit by a family on a month-to-month or longer basis (see Household Living)

(6) Public and civic use categories.

d. Government facilities. TABLE INSET:

Characteristics: Offices, storage, maintenance, and other facilities for the operation of local, state, or federal government.
Principal Uses	Accessory Uses	Uses Not Included
City, county, state, or federal government office Detention center, jail, prison Emergency services, fire, sheriff, or medical station and government clinics Post office Work camp	Ancillary indoor storage Associated helicopter landing facility Auditorium, meeting room Cafeteria Day care Fleet management Holding cell, infirmary Limited fueling facility Off-street parking Satellite office	Educational facility (see Educational Facilities) Maintenance facility (see Light Industrial Service) Parks (see Parks and Open Areas) Postal substation (see Retail Sales and Service) Solid or liquid waste transfer or composting (see Waste-Related Service) Utilities (see Utilities)

(Ord. No. 04-27, § V(4.18), 5-10-04; Ord. No. 08-62, § I, 7-14-08)

Sec. 25-286. Residential uses.

(g) Transitional dwellings and Assisted living facilities.

(1) The proposed use and operation thereof must comply with all applicable federal, state, county and local rules and regulations.

(2) All required state and county permits and licenses shall have been issued prior to final action by the city.

(3) Supervision of the dwelling shall be provided in accordance with all federal, state, county and local regulations.

(4) There shall be full-time responsible professional supervisors employed by the administering agency on the premises whenever any of the residents are home. The name, address, and telephone number of the current supervisor shall be kept on file with the city.

(1) Assisted living homes with one (1) to six (6) residents shall be permitted wherever single-family dwellings are permitted and under the same conditions as single-family dwellings, except for distance requirements established below.

(5) No transitional dwelling or assisted living home/facility shall be located in a building that is occupied by any other non-residential use.

(6) Buildings to be used as transitional dwellings and assisted living home/facility shall not be closer to one another than two thousand (2,000) feet.

(7) There shall be a minimum of two hundred (200) square feet per resident with a separate bed for each resident.

(8) On-site parking shall be provided at the ratio of one (1) space per every three (3) residents plus one (1) parking space for each employee of the largest shift.

(9) Prior to issuance of an occupancy permit, the owner/administrator of the dwelling shall provide a statement, which identifies the number of bedrooms and the names of the residents. Such statement shall be updated as changes are made.

ARTICLE V. SITE DESIGN STANDARDS

Sec. 25-361. Requirements for on-site traffic flow and parking.

(3) Exempted uses. One and two-family structures, historic structure or districts and the central business district as per Section (d) (1) below.

(d) Design of parking lots. The parking lot design, including but not limited to, arrangement of spaces, width of aisles and access drives, angle of spaces, installation of curbing, etc., shall be specified. The specific design of each facility shall take into consideration the necessity of required landscaping in accordance with Section 25-327 ~~Chapter 23~~. All parking lots shall be paved in accordance with accepted city design standards, except as follows:

(1) For seasonal use or non-daily use, such as for places of worship or other similar uses where parking needs are limited to one (1) or two (2) days, up to one hundred (100) percent of the parking spaces may be grass area, provided that spaces are defined and that drive aisles, disable spaces and circulation areas shall be paved. Parking required for daily use activities such as full-time office staff, book stores, schools and day care facilities shall not be exempt from the requirement for paved parking. An exemption may be approved upon a finding by the development review committee that seasonal use or non-daily use, justifies the request for grass parking. In addition, historic properties and districts and the CBD may be exempt if it would result, in the property maintaining its historic character. Historic properties, where feasible, would be encouraged to incorporate period design materials in development of parking areas. All exemptions would be conditioned upon a finding that there would not be a detrimental effect due to erosion or other degradation of the natural or surrounding environment or properties.

(2) Parking areas, which have grass parking spaces shall not use the unpaved spaces in calculations to meet minimum requirements for setbacks, buffers, landscaping or stormwater retention areas. Stormwater retention area requirements shall be calculated based upon the assumption that all spaces are paved.

Schedule—Vehicular Parking Space Requirements TABLE INSET:

Off-street parking requirements
Activity Type/Land Use	Minimum Parking Spaces
Commercial Activity Types
Restaurant, fast-food; restaurant, general	One (1) space per seventy (75) square feet of gross leasable area (with seating). If no customer service or dining area is provided, one (1) space per one hundred (100) square feet of gross leasable area (take-out).

*The number of seats shall be the maximum occupancy load as determined by Building Official and the Fire Marshall.

ARTICLE VI. SIGN REGULATIONS

Sec. 25-424 Permitted signs.

(1) Single occupancy commercial sites.

a. Ground signs.

1. All signs shall be ground signs.

2. Ground signs may not be permitted on vacant property.

3. One (1) ground sign per parcel for each primary street frontage shall be permitted. The maximum allowable copy area is:

i. Sixty (60) square feet per face for sites on designated arterial roadways.

ii. Forty-eight (48) square feet per face for sites on designated collector roadways.

iii. Thirty-two (32) square feet per face for sites on all other roadways.

iv. Additional allowances provided in Table 6.1.

4. If a single occupancy business has multiple frontages with an architectural design indicating front street orientation to both frontages, an additional ground sign shall be permitted with a maximum square footage of up to fifty (50) percent of that allowed on the primary frontage.

5. Height.

i. Ground signs fronting on two (2) lane highways shall not exceed eight (8) feet in height.

ii. Ground signs fronting on four (4) lane divided highways shall not exceed twelve (12) feet in height.

iii. The height of any ground sign shall be measured from the finished grade or the roadway, whichever is higher, to the top of the sign face.

iv. Additional allowances provided in Table 6.1.

6. Setbacks.

i. The minimum setback from the right-of-way line shall be five (5) feet.

ii. The minimum setback from any side or rear yard property line shall be ~~ten (10)~~ five (5) feet. Setbacks may be reduced to zero which written approval is obtained from the adjacent property owner

iii. The minimum setback from any residential zoning district shall be twenty (20) feet.

iv. Additional allowances provided in Table 6.1.

7. Design.

i. Vertical structure supports for ground signs shall be concealed in an enclosed base. The width of such enclosed base shall be equal to at least one-half (½) the horizontal width of the sign surface.

ii. The base shall be of an architectural style similar to that of the principal building to include split face block, finished metal or brick or stucco finish.

iii. Alternative designs for the ground enclosure supports and bases of a ground sign may be approved by the Community Development Director (or designee) where the architectural style would be in keeping with the intent of these sign regulations.

8. Sign landscaping.

i. A landscaped planting area with a minimum of one hundred (100) square feet in size shall be provided around the base of any ground sign.

ii. The landscaped area shall include shrubs and groundcover.

iii. The landscape area shall be counted towards the minimum landscape and pervious area requirements for a site.

iv. For redevelopment or retrofitting of developed sites where the existing impervious areas make it impractical to provide irrigation as determined by the Community Development Director (or designee), landscaping shall not be required.

9. Sign illumination. Ground signs may be illuminated internally or externally. The source of externally illuminated signs shall be installed so that it is arranged or screened as to not shine, glare or adversely impact adjacent properties or roadways.

COMMERCIAL, INDUSTRIAL, COMPLEX AND CAMPUS

GROUND SIGNS ADDITIONAL AREA PER FRONTAGE ON RIGHT-OF-WAY

TABLE 6.1

Frontage on right-of-way(lin. ft)	0-300	301-600	601+	Complex & Campus 1000+
Number of signs allowed	1	2	3	*
Total sign area allowed (sq. ft)**	60	90	120	200
Maximum sign area for individual sign (sq. ft)**	60	60	80	100
Minimum distance from front property line (lin. ft) **	0-5	0-5	0-5	0-5
Maximum height (lin. ft)**	8-12	8-12	8-12	12-20

(lin. ft) - Measured in linear feet.

(sq. ft) - Measured in square feet.

*Based on approved accesses in conceptual site plan

**For each additional foot of setback exceeding five feet from right-of-way or side yard, the area and height may be increased by 1% for each additional foot to a maximum of 25% increase of the allowable sign area and height. For each foot of setback less than five feet from right-of-way, the area and height may be decreased by 5% for each additional foot of the allowable sign area and height.

(b) Wall Signs. Business may have a wall or canopy sign with an area equal to ten (10) percent of the square footage of the building facade occupied by the business. The building facade equals the linear feet of building frontage occupied by the business multiplied by the height of the building where the business is located. In any event, a wall or canopy sign authorized by this subsection shall not have an area of more than three hundred (300) square feet or as provided in Table 6.2 whichever is less. ~~Wall signs are permitted for a total of one (1) square foot of copy area for each linear foot of building frontage, up to one hundred fifty (150) square feet or as permitted in Table 6.2.~~ Single occupancy businesses with multiple frontages may be permitted an additional sign area up to one-half (½) of a square foot for each linear foot of secondary building frontage not to exceed fifty (50) percent of the allowable building frontage signage; provided that the same or similar facade treatment is used on both front and side and there is an entrance for the general public on such sides.

COMMERCIAL, INDUSTRIAL, COMPLEX AND CAMPUS

WALL SIGNS ADDITIONAL AREA TABLE 6.2

Zoning
District

Frontage on Right-of-Way*

Minimum Setback Property Line*

Maximum Square Footage**

All commercial and industrial zoning districts except CBD

1- 100 Feet

101-200 Feet

2001+-300 Feet

301 + Feet

30 Feet

100 Feet

200+- 300 Feet

301 + Feet

150 Sq. Feet

200 Sq. Feet

250 Sq. Feet

300 Sq. Feet

*Measured in linear feet.

**See requirements based on road type and building size per Section

25-424, (c)(1b)&(2b) and (d)(2) per code for additional criteria.

(2) Multiple occupancy commercial sites.

a. Commercial center identification ground signs.

1. Multi-tenant commercial shopping centers and office complexes shall be permitted signage under this section. A center identification ground sign shall be located on the site and shall be limited to the name of the center and/or the names of the occupants of the center.

2. Maximum sign area. Sign area shall be in addition to the sign area allowed for the individual occupants and shall be based on the gross leasable areas (GLA) within the center.

i. Centers of seventy-five thousand (75,000) square feet or more shall be a maximum of one hundred and twenty (120) square feet.

ii. Centers of ten thousand (10,000) square feet to seventy-five thousand (75,000) square feet shall be a maximum of seventy-five (75) square feet.

iii. Centers up to ten thousand (10,000) square feet shall be a maximum of sixty (60) square feet.

iv. Additional allowances provided in Table 6.1.

3. One (1) additional ground sign, not to exceed sixteen (16) square feet may be permitted for the major tenant provided that there is a minimum six hundred-foot separation between signs.

4. If the building has multiple frontages with an architectural design indicating front street orientation to both frontages, an additional ground center identification Sign shall be permitted with a maximum square footage of up to fifty (50) percent of that allowed on the primary frontage.

5. Height. The maximum height for any commercial center sign shall be:

i. Twenty (20) feet for centers of seventy-five thousand (75,000) square feet or more.

ii. Sixteen (16) feet for centers of ten thousand (10,000) square feet to seventy-five thousand (75,000) square feet.

iii. Twelve (12) feet for centers up to ten thousand (10,000) square feet.

iv. All signs shall be measured from the finished grade level or crown of the road which ever is greater to the top of the sign face.

v. Additional allowances provided in Table 6.1.

6. Setbacks.

i. ~~Fifty (50) feet from any side lot lines, or equidistant from side lot lines.~~ The minimum setback from any side or rear yard property line shall be ~~ten (10)~~ five (5) feet. Setbacks may be reduced to zero which written approval is obtained from the adjacent property owner.

ii. The minimum setback from the right-of-way line shall be five (5) feet.

iii. The minimum setback from any residential zoning district shall be twenty (20) feet.

iv. Additional allowances provided in Table 6.1.

7. Design.

ii. The base shall be of an architectural style similar to that of the principal building to include split face block, finished metal or brick or stucco finish.

iii. Alternative designs for the ground enclosure supports and bases of a monument sign may be approved by the Community Development Director where the architectural style would be in keeping with the intent of these sign regulations.

8. Sign landscaping. A landscaped planting area a minimum of one hundred (100) square feet in size shall be provided around the base of any ground sign. The landscape shall include shrubs and groundcover. The landscape area shall be counted towards the minimum landscape and pervious area requirements for a site. For redevelopment or retrofitting of developed sites where the existing impervious areas make it impractical to provide irrigation as determined by the Community Development Director, landscaping shall not be required.

Picture 2

b. Shopping center wall signs.

1. Businesses with setbacks from the property line of a minimum of one hundred (100) feet may have a wall or canopy sign with an area equal to ten (10) percent of the square footage of the building facade occupied by the business. The building facade equals the linear feet of building frontage occupied by the business multiplied by the height of the building where the business is located. In any event, a wall or canopy sign authorized by this subsection shall not have an area of more than three hundred (300) square feet Wall signage for individual businesses in shopping centers shall be allowed a sign area of one (1) square foot for each linear foot of building front not to exceed one hundred and fifty (150) square feet per building front ~~or as provided in Table 6.2~~.

2. Individual businesses in a shopping center with multiple frontage may be permitted an additional sign area of one-half (½) square foot for each linear foot of building frontage; provided that the same or similar facade treatment is used on both front and side and there is an entrance to the general public on such sides.

(d) Industrial districts. The following provisions govern signage in industrial districts.

(1) Ground signs.

a. All signs shall be ground signs.

b. Ground signs may not be permitted on vacant property.

c. One (1) ground sign per parcel for each primary street frontage shall be permitted as follows:

1. Sites on designated arterial roadways is sixty (60) square feet per face.

2. Sites on designated collector roadways is forty-eight (48) square feet.

3. Sites on all other roadways is thirty-two (32) square feet per face.

4. Or as provided in Table 6.1.

d. Height.

1. Ground signs fronting on two (2) lane highways shall not exceed eight (8) feet in height.

2. Ground signs fronting on four (4) lane divided highways shall not exceed twelve (12) feet in height.

3. The height of any ground sign shall be measured from the finished grade or the roadway, whichever is higher, to the top of the sign face.

4. Shall be measured from the finished grade level or crown of the road which ever is greater to the top of the sign face.

5. The maximum clearance of the bottom of the sign face of any ground sign shall be two (2) feet from the finished grade level or crown.

6. Or as provided in Table 6.1.

e. Setbacks.

1. The minimum setback from right-of-way line shall be five (5) feet.

2. The minimum setback from any side or rear yard property line shall be ten (10) feet.

3. The minimum setback from any residential zoning district shall be twenty (20) feet.

4. Or as provided in Table 6.1.

f. Design.

1. Vertical structure supports for ground signs shall be concealed in an enclosed base. The width of such enclosed base shall be equal to at least one-half (½) the horizontal width of the sign surface.

2. The base shall be of an architectural style similar to that of the principal building to include split face block, finished metal or brick or stucco finish.

3. Alternative designs for the ground enclosure supports and bases of a monument sign may be approved by the Community Development Director where the architectural style would be in keeping with the intent of these sign regulations.

g. Sign landscaping. A landscaped planting area a minimum of one hundred (100) square feet in size shall be provided around the base of any ground sign. The landscape shall include shrubs and groundcover. The landscape area shall be counted towards the minimum landscape and pervious area requirements for a site. For redevelopment or retrofitting of developed sites where the existing impervious areas make it impractical to provide irrigation as determined by the Community Development Director, landscaping shall not be required.

h. Sign illumination. Ground signs may be illuminated internally or externally. The source of externally illuminated signs shall be installed so that it is arranged or screened as to not shine, glare or adversely impact adjacent properties or roadways.

(2) Wall Signs. Businesses with setbacks from the property line of a minimum of one hundred (100) feet may have a wall or canopy sign with an area equal to ten (10) percent of the square footage of the building facade occupied by the business. The building facade equals the linear feet of building frontage occupied by the business multiplied by the height of the building where the business is located. In any event, a wall or canopy sign authorized by this subsection shall not have an area of more than three hundred (300) square feet ~~or as provided in Table 6.2.~~ ~~Wall signs are permitted for a total of one (1) square foot of copy area for each linear foot of building frontage, up to one hundred fifty (150) square feet or as permitted in Table 6.2~~ Single occupancy businesses with multiple frontages may be permitted an additional sign area of up to fifty (50) percent of for each linear foot of secondary building frontage; provided that the same or similar facade treatment is used on both front an side and there is an entrance to the general public on such sides.

(3) Projecting signs.

a. Projecting signs may be substituted for wall signs.

b. Projecting signs shall not project more than four (4) feet from the building wall on which the sign is attached.

c. Projecting signs shall be a minimum of twelve (12) feet above ground level.

d. Projecting signs shall not project above the roofline of the building to which it is attached.

(4) Awning signs. The sign area shall be counted toward the total wall sign area allowed for the single occupancy site.

(5) Directory signs for industrial parks.

a. Individual sites within an industrial park shall comply with all provisions regarding ground signs and wall signs.

b. For multiple occupancy complexes, in addition to ground and wall signage, one (1) directory sign per street frontage, which is accessed by the park, shall be permitted as follows:

1. Sites less than one hundred thousand (100,000) square feet shall be permitted up to forty-eight (48) square feet.

2. Sites of one hundred thousand one (101,000) square feet or more shall be permitted up to sixty (60) square feet.

c. Height. Maximum height shall be:

1. Twenty (20) feet for centers of seventy-five thousand (75,000) square feet or more.

2. Sixteen (16) feet for centers of ten thousand (10,000) square feet to seventy-five thousand (75,000) square feet.

3. Twelve (12) feet for centers up to ten thousand (10,000) square feet.

4. Shall be measured from the finished grade level or crown of the road which ever is greater to the top of the sign face.

5. The maximum clearance of the bottom of the sign face of any ground sign shall be two (2) feet from the finished grade level or crown.

d. Setbacks. There shall be a minimum setback of five (5) feet from the road right-of-way.

e. Support base. The ground sign base shall be encased or provide external support and meet the following standards

1. Signs shall be in an enclosed base.

2. If any support, upright, bracing or framework is utilized or proposed to support a ground sign said support, upright, bracing or framework shall be either:

i. Architectural feature. Encased in an ornamental shell of stone, brick, ornamental metal or similar and/or compatible materials with the architecture of the building or other site features; or

ii. Background structure. Be constructed of an external support structure extending between grade and the base of the copy area that shall not exceed two (2) supports.

Picture 3

(6) Building signs.

a. General standards for building signs.

1. Shall only advertise one (1) person, firm, company, corporation or major enterprise occupying the premises.

2. The sign shall be clearly integrated with the architecture of the building and shall be consistent in design and materials with the architecture of the proposed building. The use of florescent colors is prohibited.

b. Types of signs. Building signs shall be limited to wall, canopy, awning, marquee, and projecting signs.

c. Maximum number of signs. One (1) building signs are permitted per building frontage. A corner lot shall permit no more than a total of two (2) building signs per tenant.

Picture 4

(7) Placement. The building signs permitted may be placed on the wall, awnings, or be a projecting sign in compliance with the following standards:

a. Projecting signs shall be limited to occupants that have a minimum of twenty (20) feet of occupied building frontage provided that:

1. All projecting signs shall not exceed fourteen (14) feet in height and shall have a minimum clearance of eight (8) feet from the ground to the bottom of the sign. A projecting sign may be a minimum of six (6) feet from the ground when it is located above a landscaped area or other area that does not permit pedestrian traffic beneath said sign;

i. The projecting sign shall be placed on the building so that said signs are intended to be viewed by the pedestrians on the abutting street or pedestrian way;

ii. The projecting sign shall not extend more than four (4) feet from the wall of the building on which it is erected and shall not extend above the roofline or the parapet of the wall of the building on which it is erected; and

iii. Maximum copy area of four (4) square feet.

2. Other building signs (wall, awning, marquee, canopy).

i. Wall signs shall display only one (1) surface and shall not be mounted more than six (6) inches from any wall.

ii. The maximum height of letters and logos for anchor tenants in a retail center shall not exceed twenty (20) percent of the building height and shall not exceed one hundred fifty (150) square feet.

iii. The length of the sign may occupy up to fifty (50) percent of the linear feet of the storefront the business occupies

(e) Large multiple use complexes and campus signage. The following provisions govern signage for large multiple use complexes and campus uses of ten acres or larger.

(1) Ground signs.

a. All signs shall be monument ground signs except where the design and architectural style for consistency with the overall complex or campus would be better accomplished with a different style sign such as a modified pole sign with decorative columns. This exception shall require approval from the Planning Commission as a Conditional Use.

b. Ground signs may not be permitted on vacant property.

c. One (1) ground sign per parcel for each primary street frontage shall be permitted as follows:

1. Sites on designated arterial roadways are one hundred (100) square feet per face.

2. Sites on designated collector roadways are sixty (60) square feet.

3. Sites on all other roadways are thirty-two (32) square feet per face.

4. Or as provided in Table 6.1.

d. Height.

1. Ground signs fronting on two (2) lane highways shall not exceed twelve (12) feet in height.

2. Ground signs fronting on four (4) lane divided highways shall not exceed twenty (20) feet in height.

3. The height of any ground sign shall be measured from the finished grade or the roadway, whichever is higher, to the top of the sign face.

4. Shall be measured from the finished grade level or crown of the road which ever is greater to the top of the sign face.

5. The maximum clearance of the bottom of the sign face of any ground sign shall be two (2) feet from the finished grade level or crown.

6. Or as provided in Table 6.1.

e. Setbacks.

1. The minimum setback from right-of-way line shall be five (5) feet.

2. The minimum setback from any side or rear yard property line shall be ten (10) feet.

3. The minimum setback from any residential zoning district shall be twenty (20) feet.

4. Additional allowances provided in Table 6.1.

f. Design.

2. The base shall be of an architectural style similar to that of the principal building to include split face block, finished metal or brick or stucco finish.

(2) Wall Signs. Multiple uses with setbacks from the property line of a minimum of one hundred (100) feet may have a wall or canopy sign with an area equal to ten (10) percent of the square footage of the building facade occupied by the business. The building facade equals the linear feet of building frontage occupied by the business multiplied by the height of the building where the business is located. In any event, a wall or canopy sign authorized by this subsection shall not have an area of more than three hundred (300) square feet.

ARTICLE XI. DEFINITIONS

Sec. 25-818. Definitions.

Assisted Living: A residential home or facility for elderly persons and adults with disabilities within which are provided living and sleeping facilities, meal preparation and laundry and room cleaning services. Such facilities may provide for the transitional residency of elderly persons progressing from independent living to assisted living, including the care of memory impaired individuals where residents share common meals and may also include the provision of other services such as transportation for routine services, personal care (activities of daily living) and medication.

SECTION II.

If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of this ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of this ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

SECTION III.

All ordinances or parts of ordinances which are in conflict with this ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinances, in which case those ordinances so affected shall be hereby repealed in their entirety.

Assisted living facility means a facility, as defined in Florida Statutes, which provides housing, food services, and one or more personal service for four or more adults, not related to the owner or administrator by blood or marriage, or provides extended congregate care, limited nursing services, or limited mental health services. For the purpose of calculating the maximum development potential, 3.0 beds shall be equivalent to one dwelling unit.

SECTION IV.

This ordinance shall become effective upon its passage and adoption according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the day of , 2010.

THE CITY OF LEESBURG, FLORIDA

BY:

Mayor

Attest:

City Clerk

Note: In the following amendments ~~strike throughs~~ are deletions and under lines are additions