§ 110-170. Prohibitions.

Notwithstanding anything to the contrary provided in this article, the planning and zoning board or the city commission may deny the development or establishment of a gated community if one or more of the following findings of fact are made, based on the evidence presented, that such development or establishment of a gated community would:

(1)

Negatively affect traffic circulation on public streets; or

(2)

Impair access to property either on-site or off-site of the residential subdivision; or

(3)

Impair access to or from public facilities, including, but not limited to, schools, parks, or libraries; or

(4)

Delay the response time of emergency vehicles; or

(5)

Include a street designated as an arterial or collector road; or

(6)

Result in a gated community consisting of less than 65 residential lots or units; or

(7)

Be inconsistent with or otherwise not comply with the comprehensive plan; or

(8)

Otherwise not be in the best interest of the public health, safety or welfare.

(Ord. No. 04-19, § 2(Exh. A), 6-10-04)