§ 157.285 DISTRICT AND INTENT.
   (A)   The provisions of the C-2 District are intended to apply to an area intended to be developed and preserved as a major commercial center serving the commercial needs of the community and the region. The types of uses and other restrictions are intended to promote adequate protection from conflicts with adjacent residential and other noncommercial uses, and to minimize the interruption of traffic along adjacent thoroughfares.
   (B)   The following uses and structures are permitted provided any uses or groups of uses that are developed, either separately or as a unit with certain site improvements shared in common, are developed on a site of three acres or less:
      (1)   Same as in C-1, § 157.270;
      (2)   Wholesaling establishments;
      (3)   Any other retail sales outlet of products sold directly to the consumer. Retail outlet as used in this division means stores engaged primarily in the retail sale of new goods, wares, and merchandise as distinguished from the sale of used goods, wares, and merchandise;
      (4)   Dry cleaning establishments using nonflammable solvents and cleaning fluids as determined by the Fire Chief;
      (5)   Business service establishments;
      (6)   Repair service establishments such as household appliances, radio and television and similar uses, automobile repair establishments, including body and upholstering or painting, subject to the provisions under division (B)(7) below of this section;
      (7)   New and used motor vehicles, major recreational equipment, boats and vessels and mobile home sales or rentals with accessory services, subject to the following restrictions:
         (a)   All outside areas where merchandise is displayed shall be paved;
         (b)   All servicing and repair facilities except gasoline pumps shall be located in an enclosed structure;
         (c)   There shall be no storage of junked or wrecked motor vehicles other than temporary storage for those awaiting repair. The temporary storage shall be in an enclosed area, and the vehicles shall not be visible from outside the property;
         (d)   Ingress and egress points shall not be placed so as to interfere with the movement of pedestrian traffic on public sidewalks; and
         (e)   A minimum of 3,000 feet must separate these uses. This includes any expansion of any existing use permitted under this section. Such distance shall be measured from the nearest point of a use to the nearest point of any other such use.
         (f)   The lot or combination of lots upon which such use is located shall not exceed 2.5 gross acres.
         (g)   Such lot or combination of lots shall not exceed 350 feet of road frontage.
      (8)   Educational institutions, cultural institutions (museums, municipal libraries, community centers).
      (9)   Hospitals and nursing homes.
      (10)   Hotels, motels, guest cottages, subject to the following:
         (a)   The minimum living area per dwelling unit shall be the same as established for the C-P District, § 157.300; and
         (b)   There shall be no more than 25 dwelling units per gross acre.
      (11)   On-site storage of materials used in conjunction with the primary business, meeting the following performance standards and the general standards provided for conditional uses:
         (a)   There shall be no contractor storage yards, no construction equipment, such as cranes, back-hoes, tractors and the like stored on-site, unless these items are stored in a non-mobile, permanent, enclosed structure;
         (b)   Storage areas shall be located to the rear of the primary structure/business and not be visible by the general public from the roadways;
         (c)   Material storage may only be located on lands with a minimum of three acres or more;
         (d)   A solid fence made of wood, masonry or other decorative materials fence shall surround the perimeter of the storage area;
         (e)   There shall be landscaping around the outside perimeter of the fence on any side, which abuts a property not owned by the principal business, and the front equal to one six foot tree for every ten feet and a minimum of three hedges, 36 inches in height at the time of planting between each tree;
         (f)   The area shall be secured and locked during non-business hours to minimize criminal activity;
         (g)   If the property abuts a residential district, no outside material storage shall be allowed;
         (h)   The site shall be stabilized and pervious pursuant to SJRWMD regulations;
         (i)   A site plan shall be required per the site plan code;
         (j)   A distance of 2,000 feet shall separate the uses from other similar uses; and
         (k)   Waivers for no more than two of these items may be granted by the Town Council, upon recommendation of the Planning and Zoning Board, during consideration of the conditional use process, when it is beneficial to protect the public health, safety, welfare and general community character and environment of the town. However, the distance requirements as prescribed in division (B)(12)(j) above shall not be part of the waiver option.
      (12)   Single family residential uses east of U.S. 1, same as R-2, § 157.240.
      (13)   Subject to the provisions of division (E), existing facilities with a current business tax receipt for mini-storage facilities subject to the following:
         (a)   Maximum size unit - 500 square feet.
         (b)   Units to be used strictly for self-storage and not for any assembly, manufacturing, retail sales and service, distribution, any type of automotive/vehicular work, or any other business activity whatsoever from any individual unit or units.
         (c)   Minimum 20 foot landscaped green area adjacent to residential zoning.
         (d)   On-site management is required.
         (e)   No outside storage.
         (f)   Buildings shall be one story.
         (g)   Lighting must be directed away from residential areas.
         (h)   Maximum size of area of site used for storage shall not exceed five acres. Retention and landscaped buffers shall not be included in the five acre size calculation.
         (i)   A solid fence made of wood, masonry or other decorative material may be used to secure the facility, and landscaping material shall be used along the outside perimeter of the fence in order to provide an aesthetic appearance. Applicable provisions of § 157.507 shall be complied with.
         (j)   Mini-storage facilities shall not be permitted in the town within 3,000 feet of each other measured by the most direct road route from the nearest property line upon which an existing facility is located and/or to be located to the nearest property line of the other existing and/or proposed facility.
         (k)   A wavier to the size of the parcel of up to an additional three acres and to the distance between mini-storage facilities of up to an additional 500 feet may be granted by the Town Council, upon recommendation of the Planning and Zoning Board, when it is beneficial to protect the public health, safety, welfare and general community appearance.
      (14)   Subject to the provisions of division (E), existing facilities with a current business tax receipt for on-site storage of watercraft, trailers, recreational vehicles, and recreational equipment, meeting the following performance standards and general conditions:
         (a)   The lands used for storage shall be a minimum of three acres.
         (b)   The storage area shall be secured and locked during non-business hours.
         (c)   All such items stored shall have a current vehicle license and registration as required and issued by the State of Florida and maintained in an aesthetic fashion and non-derelict.
         (d)   There shall be no habitation in any motor vehicle, trailer, watercraft recreational vehicle or recreational equipment stored on site.
         (e)   There shall be no utility services available to individual storage sites, and there shall be no sewer clean-out stations.
         (f)   The site shall be paved or stabilized and pervious pursuant to SJRWMD regulations.
         (g)   A watercraft that must be transported by trailer shall be stored on a trailer.
         (h)   A distance of 2,000 feet shall separate these uses from other legally designated on-site storage facilities.
         (i)   Waivers for no more than two of these items may be granted by the Town Council upon recommendation of the Planning and Zoning Board, during consideration of the site plan, when it is beneficial to protect the public health, safety, welfare and general community character and environment of the town. However, the distance requirements as prescribed in division (B)(14)(h) shall not be part of the waiver option.
         (j)   There shall be no storage of construction vehicles or equipment, regardless if they meet any of the definitions of the property items allowed to be stored herein.
         (k)   Outside exterior lighting shall be directional and not spill over onto adjacent property.
         (l)   There shall be no major or minor service or repair work done on this site.
         (m)   There shall be no access from a local or residential street.
         (n)   A six foot solid fence or decorative wall shall surround the perimeter of the storage area. The wall or fence shall be finished on both sides and erected at least one foot inside the property line.
         (o)   There shall be a minimum ten foot landscaped area adjacent to the wall or fence with one tree planted for every 50 feet of length of the wall or fence. Additional landscape material and ground cover shall be planted within the ten foot strip. On the frontage, the landscape material must be in front of the wall or fence. Existing vegetation may be used if approved by the town. An irrigation system is required.
         (p)   Interior access aisle ways shall be a minimum of 24 feet wide with turnaround area if needed.
         (q)   The revving of engines such as cleaning water out of boats and airboats or similar activities which are noise producing is strictly prohibited.
         (r)   Existing facilities with a current business tax receipt for on-site storage facilities of watercraft, trailers, recreational vehicles, and recreational equipment located in a C-2 Zoning District may expand up to four additional acres as long as the above criteria are met, and no part of the expansion will result in additional frontage along U.S. 1 and a site plan is approved by the Town Council. The existing site shall meet the above conditions prior to any permitted expansion.
         (s)   For purposes of this section, CURRENT BUSINESS TAX RECEIPT shall mean a business tax receipt issued as of October 1, 2017.
   (C)   Permitted accessory uses and structures include customary accessory uses of one or more of the principal uses, clearly incidental and subordinate to the principal use, in keeping with the intense commercial character of the District.
   (D)   Permitted conditional uses are:
      (1)   Automotive repair establishments when conducted entirely in an enclosed structure but not including body work, upholstering or painting. A minimum of 3,000 feet must separate these uses;
      (2)   Business service and printing establishments;
      (3)   Service stations, subject to the following provisions:
Minimum lot size
10,000 square feet
Minimum floor area
300 square feet, exclusive of interior servicing area
Height
Two stories or 25 feet
Setbacks other than required elsewhere in this district
   Gasoline pumps and other service islands equipment
20 feet from property line
   Building or other structure
15 feet from each side
Underground storage is required for all receptacles for combustible materials in excess of 200 gallons
A visual screen meeting the specifications of §§ 157.490 through 157.504 may be required along the rear and along the length of the sides of the site
A minimum of 3,000 feet must separate these uses
 
      (4)   Planned commercial development on a parcel three acres or more, subject to the provisions set forth in § 155.115 after review by the Planning and Zoning Board;
      (5)   Commercial recreation structures such as theaters, driving ranges, bowling alleys and similar uses, except drive-in theaters and open-air or outdoor amusement parks; and
      (6)   Marinas.
   (E)   Prohibited uses and structures are:
      (1)   Manufacturing activities, transportation terminals, storage, warehousing and other activities of a similar nature;
      (2)   All uses not specifically or provisionally permitted in this division; any use not in keeping with the commercial character of the District;
      (3)   All other residential uses, provided, however the following shall apply:
         (a)   Effective February 28, 2017, the residential uses prohibition herein shall not apply to:
            1.   A development of lots on any vacant land located in the corporate limits of the town that is zoned C-2 and has a land use designation of low density residential, single-family dwellings as designated on the town's Comprehensive Land Use Plan prior to the effective date of this section [February 28, 2017];
            2.   Any application submitted for a preliminary plat for the development of lots in a subdivision pursuant to the town's Code prior to the effective date of this section, as long as the preliminary plat was properly filed, submitted and received by the town in accordance with the town's land usage regulations;
            3.   Any preliminary plat approved by the Town Council allowing for the development of lots in a subdivision pursuant to the town's Code prior to the effective date of this section;
            4.   Any development and to any home in a development that was developed and/or constructed in accordance with the town's Code prior to the effective date of this section;
            5.   Site plans meeting the requirements of § 157.139(B) submitted prior to the effective date of this section; and
      (4)   Planned commercial development on a parcel three acres or more, subject to the provisions set forth in § 155.115 after review by the Planning and Zoning Board;
      (5)   Commercial recreation structures such as theaters, driving ranges, bowling alleys and similar uses, except drive-in theaters and open-air or outdoor amusement parks; and
      (6)   Marinas.
   (F)   (1)   Lot and structure requirements are:
Minimum lot area
5,000 square feet
Minimum lot width
50 feet (200 feet if more than 3 acres)
Minimum lot depth
100 feet
Maximum lot coverage
50%
Minimum floor area
300 square feet
Maximum height
40 feet, except for those properties lying east of U. S. 1 right-of-way or those properties abutting existing developed single family residential properties where the maximum height will not exceed 25 feet
Minimum yard requirements
   Front
20 feet
   Side interior lot
None; except where the use borders a district requiring setbacks, such shall also apply in this district, along the abutting property line
   Side corner lot
None; except where the use borders a district requiring setbacks, such shall also apply in this district along the abutting property line
   Rear
20 feet; 15 feet when abutting an alley
 
      (2)   There may be different yard requirements applicable pursuant to § 157.509.
   (G)   All riverfront properties with building construction plans submitted after September 1, 2011 are subject to the breezeway/visual corridor requirements as described in § 157.506 of the supplementary district regulations.
(2000 Code, § 66-411) (Ord. 75-01, passed 7-14-1975; Ord. 99-02, passed 3-23-1999; Ord. 99-03, passed 7-27-1999; Ord. 2004-19, passed 10-5-2004; Ord. 2006-15, passed 1-23-2007; Ord. 2007-03, passed 1-23-2007 ; Ord. 2009-05, passed 7-28-2009; Ord. 2011-01, passed 1-25-2011; Ord. 2011-06, passed 8-23-2011; Ord. 2011-12, passed 11-1-2011; Ord. 2012-12, passed 11-27-2012; Ord. 2013-03, passed 3-26-2013; Ord. 2015-04, passed 6-30-2015; Ord. 2017-01, passed 2-28-2017; Ord. 2018-02, passed 6-26-2018; Ord. 2018-04, passed 6-26-2018; Ord. 2020-02, passed 3-24-2020; Ord. 2021-03, passed - -2021) Penalty, see § 157.999