Whereas, the City Council deems it necessary, for the purpose of promoting the health, safety, morals or general welfare of the City to enact a zoning ordinance; and

Whereas, the zoning commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with the comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and

Whereas, the zoning commission has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the municipality; and

Whereas, the zoning commission has made a preliminary report and held public hearings thereon and submitted its final report to the City Council; and

Whereas, the City Council has given due public notice of hearings relating to zoning districts, regulations, and restrictions, and has held such public hearings; and

Now, therefore, be it ordained by the City Council of the City of Atlantis, Florida.

(Ord. No. 96, § .01, 3-30-77)

This chapter may be cited as "zoning ordinance."

(Ord. No. 96, § .02, 3-30-77)

For the purposes of this chapter, certain terms or words used herein shall be interpreted as follows:

(1)

Person: The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

(2)

Interpretation of tenses and numbers: The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

(3)

Shall: The word "shall" is mandatory, the word "may" is permissive.

(4)

Used or occupied: The words "used or occupied" include the words intended, designed, or arranged to be used or occupied.

(5)

Lot: The word "lot" includes the words plot or parcel.

(6)

Accessory use or structure: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

(6.1)

Boundaries: Interpretations regarding boundaries of land use districts shall be made in accordance with the following:

a.

Boundaries shown as following or approximately following any street shall be construed as following the centerline of the street.

b.

Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such line.

c.

Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines shall be construed as following such lines.

d.

Boundaries shown as following or approximately following natural features shall be construed as following such features.

(7)

Building height: The distance between the finished level of the first floor and the finished level of the ceiling of the top floor.

(7.1)

Commercially developed parcel: A parcel of property on which there is at least one walled and roofed structure used, or designed to be used, for other than residential or agricultural purposes.

(7.2)

Cul-de-sac: A local street, one end of which is closed and consists of a circular turnaround.

(7.3)

Computation of time: The time within which an act is to be done shall be computed by excluding the first and including the last day; if the first day is a Saturday, Sunday or legal holiday, that day shall be excluded.

(7.4)

Day: The word "day" shall mean a calendar day, unless a working day is indicated.

(7.5)

Delegation of authority: Whenever a provision appears requiring the head of a department or some other City officer or employee to do some act or perform some duty, it is to be construed to authorize delegation to professional-level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

(7.6)

Density: The number of dwelling units permitted per acre of land.

(7.7)

Development: Any proposed material change in the use or character of the land, including, but not limited to, land clearing or the placement of any structure or site improvement on the land.

(8)

Dwelling, single-family: A detached residence designed for or occupied by one family only.

(9)

Dwelling, two-family: A residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each.

(10)

Dwelling, multiple-family: A residence designed for or occupied by three or more families, with separate housekeeping and cooking facilities for each.

(10.1)

Easement: The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.

(11)

Family: One or more persons occupying a single housekeeping unit and using common cooking facilities, providing that unless all members are related by blood or marriage, no such family shall contain over five persons.

(11.1)

Fence: Any artificially constructed barrier made of chain link, aluminum, wood, plastic or other materials customarily used for fences other than masonry or concrete materials, erected to enclose or screen areas of land. All fences, with the exception of the wood fences that enclose the courtyards attached to the residences in The Atriums development and fences used for screening of mechanical equipment or other service areas, must be constructed of materials that allow the transmission of light and air through no less than 50 percent of the surface area; however fences may be screened by hedges or other approved landscaping materials, (subject to height limitations for both fences and landscaping materials); see definition (28) below and subsection 8.5-7(b). All fences, including those used for screening, shall be subject to review and approval by the City Architecture Review Committee (See section 8.5-7). Any such barrier made of concrete block, masonry or similar material is considered to be a wall; see definition (27.1) below.

(11.2)

Gender: Words importing the masculine gender shall be construed to include the feminine and neuter.

(11.3)

Hazardous substances: Any substances or materials that, by reason of their toxic, caustic, corrosive, abrasive, or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance.

(12)

Hedge: A row or line formed by shrubs, bushes, or other plants, including but not limited to such species as Clusia, Podocarpus, Arboricola, Croton or Copper-leaf, and excluding trees and palm trees, being planted closely together, forming physically or visually a boundary, decorative line, or barrier; often pruned to a symmetrical shape that is flat, or cube shaped, etc., forming a natural looking wall which does not exceed the maximum allowed height of hedges for the applicable zoning district.

(12.1)

Hospital: A facility licensed by the state which maintains and operates organized inpatient facilities for one or more persons, for medical or surgical diagnosis, care, and treatment of human illness.

(12.2)

Impervious space: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, lime rock, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures.

(12.3)

Improvement, substantial: Any repair, reconstruction, or improvement of a structure, the cost of which exceeds 50 percent of the fair market value of the structure, either:

a.

Before improvements is started; or

b.

If the structure is damaged and being restored, before the damage occurred. Substantial improvement is started when the first alteration of the structural part of the building commences.

(12.4)

Incompatibility of land uses: Issues arising from the proximity or direct association of contradictory, incongruous, or discordant land uses or activities, including the impacts of noise, vibration, smoke, odors, toxic matter, radiation, and similar environmental conditions.

(12.4A)

Institutional assembly: A facility or structure operated and used for social, educational or recreational purposes, including but not limited to civic organizations, recreational or cultural centers, after school programs or tutorial services. Such a facility may be private or open to the public.

(12.5)

Junk: Old, dilapidated, scrap, abandoned metal, paper, building material and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, plastic, rubber, motor vehicles, and parts thereof.

(12.6)

Lot line: The boundary of a lot, plot or parcel.

(12.7)

Lot of record: A lot which is part of a subdivision recorded in the office of the clerk of the circuit court, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

(12.8)

Marijuana: Means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, sale, derivative, mixture, or preparation of the plant or seed or resin, including low-THC cannabis, which are dispensed from a medical marijuana treatment center for medical use by a qualified patient as defined in F.S. § 381.986, Marijuana includes any strain of marijuana or cannabis, in any form, that is authorized by state law to be dispensed or sold in the State of Florida. Also referred to as "medical marijuana."

(12.9)

Medical marijuana treatment center dispensing facility: A retail facility established by a licensed "medical marijuana treatment center," that sells and dispenses marijuana, products containing marijuana, or related supplies, but does not engage in any other activity related to preparation, wholesale storage, distribution, transfer, cultivation, or processing of any form of marijuana, marijuana products, or related supplies. A medical marijuana treatment center shall not be construed to be a medical marijuana treatment center dispensing facility.

(13)

Medical marijuana treatment center: A facility licensed by the Florida Department of Health to acquire, cultivate, possess, process (including but not limited to development of related products such as food, tinctures, aerosols, oils or ointments), transfer, transport, sell, distribute, dispense, or administer marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers, as authorized by state law. A facility which provides only retail sales or dispensing of marijuana shall not be classified as a medical marijuana treatment center under this chapter, but shall be classified as a medical marijuana treatment center dispensing facility.

(13.1)

Number: Words in the singular shall include the plural and words in the plural shall include the singular.

(13.2)

Off-street parking spaces: An off-street parking space shall comprise not less than 180 square feet of parking stall. All parking stalls shall have necessary maneuvering space adjacent thereto. Space for maneuvering incidental to parking shall not encroach upon any public way.

(13.3)

Open space: An area that is intended to provide light and air, and is designed for either environmental, scenic, or recreational purposes. Open space may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreation areas, playgrounds, foundations, swimming pools, wooded areas, and watercourses. Open space shall not be deemed to include driveways, parking lots, or other surfaces designed or intended for vehicular travel.

(13.4)

Outdoor advertising business: Provision of outdoor displays or display space on a lease or rental basis only.

(13.11)

Office, administrative: A place of business for the rendering of management or administrative services. Such uses may include certain business or professional offices that do not generate more than incidental client traffic, such as certain accounting, engineering, architecture or law offices, or off site management services. This does not include medical offices or clinics of any kind, or retail sales.

(13.12)

Office, medical: Facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which does not provide overnight care or serve as a base for an ambulance service. Medical offices are operated by doctors, dentists, or similar practitioners licensed by the State of Florida. Emergency treatment is not the dominant type of care provided at this facility.

(13.13)

Office, professional: A place of business for the rendering of professional services in which a professed knowledge or skill in some department or of science or learning is used by its practical application to the affairs of others. The generation of client traffic is expected by these uses, which may include certain accounting, engineering, architecture, law, planning, artistic, finance, investment offices or the like. This does not include medical offices or clinics of any kind, or retail sales.

(14)

Parking space, off-street: See subsection (13.2) hereinabove.

(14.5)

Pharmacy: An establishment offering on-site dispensing of prescription drugs, non-prescription drugs or both, staffed by a state licensed pharmacist who shall be present and on duty during all hours that the on-site dispensing of prescription drugs occurs. Pharmacy does not include a "dispensing practitioner" who is a physician that dispenses prescription drugs or non-prescription drugs or both to the practitioner's own patients in the regular course of his or her practice, as defined by Sec. 465.0276, Florida Statutes.

(15)

Plot: For zoning purposes, as covered by this chapter, a plot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such plots shall have frontage on an improved public street, and may consist of:

a.

A single lot of record;

b.

A portion of a lot of record;

c.

A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record;

d.

A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.

(16)

Plot frontage: The front of a plot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner plots and through plots, all sides of a plot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under front yards in this section.

(17)

Plot measurements:

a.

Depth of a plot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side plot lines in front and the rearmost points of the side plot lines in the rear.

b.

Width of a plot shall be considered to be the distance between straight lines connecting front and rear plot lines at each side of the plot, measured across the rear of the required front yard, provided however that width between side plot lines at their foremost points (where they intersect with the street line) shall not be less than 70 percent of the required plot width except in the case of plots on the turning circle of a cul-de-sac, where the 70 percent requirement shall not apply.

(18)

Plot description:

a.

Corner plot, defined as a plot located at the intersection of two or more streets. A plot abutting on a curved street or streets shall be considered a corner plot if straight lines drawn from the foremost point of the side plot lines to the foremost point of the plot meet at an interior angle of less than 135 degrees.

b.

Interior plot, defined as a plot other than a corner plot with only one frontage on a street.

c.

Through plot, defined as a plot other than a corner plot with frontage on more than one street. Through plots with frontage on two streets may be referred to as double frontage lots.

d.

Reversed frontage plot, defined as a plot in which the frontage is at right angles, or approximately right angles, to the general pattern in the area involved. A reversed frontage lot may also be a corner lot or an interior lot.

(18.5)

Residential use: Use of land or structures thereon for residential occupancy of a permanent or semi-permanent nature. This use allows occupancy by any one individual or family, as that word is defined hereinabove, with or without bona fide non-paying guests in any individual dwelling unit. The term "residential use" includes "single-family residences," "multiple family residences, "residential unit(s)" and "multiple family dwellings" whether or not contained in a "planned unit development" as those terms are used in this zoning code. The rental of any single-family residence, multiple family residence, residential unit or multiple family dwelling for any period of time less than one month or more than three times per year shall be considered a commercial use.

(18.6)

Retail stores: A place of business selling goods in small quantities directly to the consumer in establishments which provide a service or offer a product to the general public. This use does not include a pharmacy.

(19)

Roofline: A horizontal line intersecting the highest point or points of a roof.

(20)

Sign: An object designed to convey information or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the regulations herein:

a.

Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations;

b.

Flags except as regulated at section 11.6-10(4);

c.

Legal notices; identification, information, or directional signs erected or required by governmental bodies;

d.

Integral decorative or architectural features of buildings except letters, trademarks, moving parts, or moving lights.

(21)

Reserved.

(22)

Sign, on-site: A noncommercial speech sign erected on a Plot by the owner or lessee of the plot or a commercial speech sign on which at least some of the copy on the sign face relates to the offer of a commercial transaction at the plot on which such sign is located. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.

(23)

Sign, off-site: A commercial speech sign identifying a location other than the Plot on which the commercial speech sign is located, where a commercial transaction is offered or a noncommercial speech sign identifying the location of a noncommercial event other than the Plot on which the noncommercial speech sign is located. The term applies to both permanent and signs and temporary signs.

(24)

Special exception: A special exception is a use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning division or district as special exceptions, if specific provision for such special exceptions is made in this zoning ordinance.

(24.5)

Statues and fountains: Artistic and aesthetic structures including a separate solid foundation, standing three feet or taller, and requiring a building permit to install or construct. Statues and fountains are further regulated at City Code section 15-6(i).

(25)

Street line: That right-of-way line of a street.

(26)

Structure: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Specifically, structures include buildings, mobile homes, walls, fences, billboards, poster panels, pools, pool aprons, patios, mailboxes, statues and fountains, and tennis courts.

(27)

Variance: A variance is a relaxation of the terms of the zoning ordinance where such relaxation will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area, and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning division or district or adjoining zoning divisions or districts.

(27.1)

Wall: A structure made of concrete block, masonry or other similar material. Walls are strictly prohibited in all residential zones except where they are connected to the residential building and used as an architectural feature thereto or as screening for windows thereon subject to height limitations; see definition (28) below and subsection 8.5-7(b) for more details.

(27.2)

Written or in writing: The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

(28)

Yard: A required open space unoccupied and unobstructed by any structure or portion of a structure, provided however, that:

a.

Fences in all zoning districts may be permitted in any rear yard along the rear and side property lines, Fences are permitted around swimming pools, and are required absent an alternative type of approved barrier such as a screen enclosure. Wood fences that enclose the courtyards attached to the residences in The Atriums development are also permitted. All fences are subject to height limitations as set forth in subsection 8.5-7(b).

b.

Walls in all nonresidential zoning districts may be permitted in any side or rear yard subject to height limitations and may be required in certain circumstances; see subsection 8.5-7(b).

c.

Walls in all residential zoning districts that are connected to the residential building and used as architectural features thereto or screening for windows thereon, may be permitted in any side or rear yard subject to height limitations as set forth in subsection 8.5-7(b). In no case shall any wall be permitted on or adjacent to the side, rear or front property lot lines in residential zones.

d.

When a plot has more than one frontage, as described in "yard, front" below, the front yard and side yards for purpose of placing fences and walls shall be determined based upon the prevailing front yard pattern of the street on which the structure is located.

e.

Fences and walls used to screen satellite dishes in any zoning district may be permitted in any yard pursuant to subsection 15-6(h)(3); and

f.

Covered parking may be approved for multiple-family dwellings by the board of adjustment as provided elsewhere in these regulations.

[Definitions for specific yards:]

a.

Yard, front: A yard extending between side lot lines across the front of a plot abutting the street line. In any front yard, no fence or wall shall be permitted across such yard. No tree or other vegetation shall be permitted which materially impedes vision.

1.

In the case of through plots, unless the prevailing front yard pattern on adjoining plots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through plot is not in keeping with the prevailing yard pattern, the administrative official may waive the requirement for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent plots.

2.

In the case of corner plots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage.

3.

In the case of reversed frontage corner plots, a front yard of the required depth shall be provided on either frontage, and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage.

4.

In the case of corner plots with more than two frontages, the administrative official shall determine the front yard requirements, subject to the following limitations: At least one front yard shall be provided having the full depth required generally in the district; and, no other front yard on such plot shall have less than half the full depth required generally.

5.

Depth of required front yards shall be no closer than the required setbacks as stated in section 15-5, district regulations.

b.

Yard, side: A yard extending from the rear line of the required front yard to the rear lot line.

1.

In the case of through plots, side yards shall extend from the rear lines of the front yards required. In the case of corner plots with normal frontage, there will be only one side yard, adjacent to the interior plot. In the case of corner plots with reversed frontage, the yards remaining after the full and half-depth front yards have been established shall be considered to be side yards.

2.

Width of required side yards shall be measured at right angles to a straight line adjoining the ends of front and rear plot lines on the same side of the plot. The inner side yard line of a required side yard shall be parallel to the straight line so established.

c.

Yard, rear: A yard extending across the rear of the plot between inner side yard lines.

1.

In the case of through plots and reversed frontage corner plots, there will be no rear yard. In the case of corner plots with normal frontage, the rear yard shall extend from the inner side yard line of the side yard adjacent to the interior plot to the rear line of the half-depth front yard.

2.

Depth of required rear yards shall be measured at right angles to a straight line joining the rearmost points of the side plot lines. The forward rear yard line of a required rear yard shall be parallel to the straight line so established.

(28.1)

Year: The word "year" shall mean a calendar year, unless otherwise indicated.

(Ord. No. 96, § .03, 3-30-77; Ord. No. 222, § 1, 7-18-90; Ord. No. 234, § 1, 6-17-92; Ord. No. 367, § 1, 6-15-05; Ord. No. 381, § 1, 11-16-05; Ord. No. 404, § 1, 5-21-08; Ord. No. 414, § 1, 5-19-10; Ord. No. 416, § 1, 5-18-11; Ord. No. 430, § 1, 4-15-15; Ord. No. 449, § 1, 12-20-17; Ord. No. 456, § 3, 7-15-20)

Editor's note— In order to maintain the alphabetical consistency of the Code, former § 15-3, subsections (19) and (20), have been renumbered as § 15-3, subsections (13.4) and (14), and former § 15-3, subsections (14)—(19), have been renumbered as § 15-3, subsections (15)—(19), at the discretion of the editor.

(a)

Districts established. Within the corporate area of the City of Atlantis, Florida, the following zoning districts are established:

(1)

Recreational:

a.

RD—Recreational Area

b.

RC—Recreation/Community Service

(2)

Residential:

a.

R-1AAA—Single-family

b.

R-1AA—Single-family

c.

R-1A—Single-family

d.

R-1—Single-family

e.

R-1B—Single-family

f.

R-2—Multiple-family

g.

R-3—Multiple-family

(3)

Commercial:

a.

C-1A—Limited

b.

CO—Office

c.

CG—Commercial General

(4)

Hospital district:

a.

H-D—Hospital District

(5)

Reserved.

(b)

Official zoning map. The City is hereby divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

(1)

The official zoning map shall be identified by the signature of the mayor attested by the City Clerk, and bearing the seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in Section .04[section 15-4] of Ordinance No. 96 of the City of Atlantis, Florida", together with the date of the adoption of this chapter [March 30, 1977].

(2)

If, in accordance with the provisions of this chapter changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be made on the official zoning map promptly after the amendment has been approved by the City Council, together with an entry on the official zoning map as follows: "On (date), by official action of the City Council, the following (change/s) were made in the Official Zoning Map: (brief description of nature of change/s)", which entry shall be signed by the mayor and attested by the City Clerk. The amending ordinance shall provide that such changes or amendments shall not become effective until they have been duly entered upon the official zoning map. No amendment to this chapter which involves matter portrayed on the official zoning map shall become effective until after such change and entry has been made on said map.

(3)

No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as provided under section 15-12 of this chapter.

(4)

Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be located in the office of the City Clerk shall be the final authority as the current zoning status of land and water areas, buildings, and other structures in the City.

(c)

Replacement of official zoning map. In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the City Council may be resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor attested by the City Clerk, and bearing the seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. 96 of the City of Atlantis, Florida."

(d)

Rules for interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines;

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

(3)

Boundaries indicated as approximately following City limits shall be construed as following City limits;

(4)

Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines;

(5)

Boundaries indicated as parallel to or extensions of features indicated in subsections (d)(1) through (d)(4) above shall be so construed;

(6)

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (d)(1) through (d)(5) above, the Board of Adjustment shall interpret the district boundaries;

(7)

Distances on the official zoning map shall be indicated only in unplatted areas and they shall be interpreted as approximate district boundaries. Any distance not specifically indicated on the official zoning map in unplatted areas shall be determined by the scale of the map. Submittals of plats shall follow the procedures as set forth in the subdivision regulations ordinance. Upon approval of plats, the official zoning map shall be updated by the inclusion of the platted area on the map and the removal of the approximate dimensions for the area described by that plat. Thus, exact dimensions shall be established by the recorded plat. District boundaries for new platted areas shall be interpreted as indicated in subsections (d)(1) through (d)(6) above.

(e)

Application of district regulations. The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:

(1)

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

(2)

No building or other structure shall hereafter be erected or altered:

a.

To exceed the height;

b.

To accommodate or house a greater number of families;

c.

To occupy a greater percentage of plot area;

d.

To have narrower or smaller rear yards, front yards, side yards, or other open spaces;

than herein required; or in any other manner contrary to the provisions of this chapter.

(3)

No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

(4)

No yard or plot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or plots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

(5)

Public utility structures and municipal structures shall be a permitted use in any zoning district.

(f)

Annexed territory. All territory which may hereafter be annexed to the City shall be considered to be zoned in the same manner as the contiguous territory inside previous City limits until otherwise classified.

(Ord. No. 96, § .04, 3-30-77; Ord. No. 147, § 1, 1-18-84; Ord. No. 224, § 1, 10-17-90; Ord. No. 322, § 1, 8-15-01; Ord. No. 367, § 2, 6-15-05; Ord. No. 440, § 1, 6-15-17; Ord. No. 449, § 2, 12-20-17)

(a)

District—RD Recreational Area.

(1)

Permitted principal uses and structures:

a.

Golf courses and appurtenant facilities;

b.

Parks, playgrounds, recreational facilities and structures;

c.

Private clubs;

d.

Real estate offices located within or attached to the clubhouse.

(2)

Special exceptions permissible by the board of adjustment:

a.

Temporary structures and operations in connection with, and on the site of building or land preparation developments, including dredging and filling, grading, paving, installation of utilities, construction, erection of field offices, structures for storage of equipment and building materials, provided that no such permit shall be for a period of more than six months, subject to renewal for successive periods of not more than six months by the board of adjustment.

b.

Administrative offices.

c.

Cart and/or club storage facilities (may be freestanding building and may allow for storage of personally owned golf carts and/or golf clubs for a fee, if approved.

(b)

District—RC Recreation/Community Service.

(1)

Permitted principal uses and structures:

a.

Private clubs;

b.

Real estate offices.

c.

Administrative offices.

(2)

Special exceptions permissible by the board of adjustment:

a.

Institutional assembly;

b.

Fitness center;

(3)

Prohibited uses: All uses and structures not permitted herein.

(4)

Minimum plot or parcel requirements: One-half acre.

(5)

Minimum yard requirements:

a.

Front yard setback: 30 feet;

b.

Rear yard setback: Ten feet;

c.

Side yard setback: 15 feet.

(6)

Maximum height of structure and number of floors: Two floors, 20 feet maximum building height.

(7)

Minimum floor area. No minimum floor area required.

(8)

Minimum off-street parking: One space for each 200 square feet of indoor area.

(c)

District—R-1AAA Single-Family Residential.

(1)

Permitted principal uses and structures:

a.

Single-family residences, including customary accessory uses and appurtenant structures;

b.

The following specific appurtenant outbuildings to wit: Pool cabanas, detached garages and private tennis courts.

(2)

Special exceptions permissible by the board of adjustment:

a.

Accessory buildings contained living quarters: One accessory building containing bedrooms with bathroom facilities, but excluding kitchen and cooking facilities may be constructed on the same lot as a principle [principal] residence. Said accessory building shall be used only in connection with and as a part of the main residence. It shall be used exclusively for the occupancy of the nonpaying guests of the owner of themain residence or bona fide members of the family or servants of the owner of the main residence. It shall be constructed within the building lines required of the main residence. The separate rental or leasing of the accessory building is expressly prohibited;

b.

Appurtenant outbuildings not specified above.

(3)

Prohibited uses and structures:

a.

All uses and structures not permitted herein;

b.

Lighting for private outdoor tennis courts.

(4)

Minimum plot or parcel requirements. Area—28,000 square feet = 1.55 hundredths units per acre density.

(5)

Minimum yard requirements:

a.

Front yard (minimum building line) 35 feet; provided, however, that on lots abutting culs-de-sac the front yard minimum building line shall be 25 feet;

b.

Rear yard 30 feet;

c.

Side yard 15 feet.

(6)

Maximum height of structures and numbers of floors. Single-family residences and accessory buildings and structures: Two floors, 35 feet maximum height of structure.

(7)

Minimum floor area. No single-family dwelling within said district shall have a ground floor area of less than 3,000 square feet, exclusive of garages, porches, terraces, porticoes, patios, and unenclosed carports.

(d)

District—R-1AA Single-Family Residential.

(1)

Permitted principal uses and structures:

a.

Single-family residences, including customary accessory uses such as swimming pools, etc., and appurtenant structures;

b.

Planned unit development (upon review by board of adjustment and approval by City Council.)

(2)

Prohibited uses and structures. Garage apartments and all uses and structures not permitted herein.

(3)

Minimum plot or parcel requirements:

a.

Area—12,000 square feet = 3.63 units per acre density.

b.

Width of plot at the minimum building line—100 feet.

(4)

Minimum yard requirements:

a.

Front yard (minimum building line) 25 feet.

b.

Rear yard setback 20 feet. Decking, patio, swimming pool, and screen enclosures may be placed within ten feet of the rear property line.

c.

Side yard ten feet.

(5)

Maximum height of structures and number of floors:

a.

Single-family residences: Two floors, 25 feet maximum building height;

b.

Accessory building and structures: Two floors, 20 feet maximum building height.

(6)

Minimum floor area. No single-family dwelling within said district shall have a ground floor area of less than 2,000 square feet exclusive of garages, porches, terraces, porticoes, patios, and unenclosed carports.

(e)

District—R-1A Single-Family Residential.

(1)

Permitted principal uses and structures:

a.

Single-family residences, including customary accessory uses such as swimming pools, etc., and appurtenant structures;

b.

Planned unit development (upon review by board of adjustment and approval by City Council).

(2)

Prohibited uses and structures. Garage apartments and all uses and structures not permitted herein.

(3)

Minimum plot or parcel requirements:

a.

Area—10,000 square feet = 4.33 hundredths units per acre density.

b.

Width of plot at minimum building line—85 feet.

(4)

Minimum yard requirements:

a.

Front yard (minimum building line) 25 feet;

b.

Rear yard setback 20 feet. Decking, patio, swimming pool, and screen enclosures may be placed within ten feet of the rear property line;

c.

Side yard ten feet.

(5)

Maximum height of structures and number of floors:

a.

Single-family residences: Two floors, 25 feet maximum building height;

b.

Accessory building and structures: Two floors, 20 feet maximum building height.

(6)

Minimum floor area. No single-family dwelling within said district shall have a ground floor area of less than 1,600 square feet exclusive of garages, porches, terraces, porticoes, patios, and unenclosed carports.

(f)

District—R-1 Single-Family Residential.

(1)

Permitted principal uses and structures:

a.

Single-family residences, including customary accessory uses such as swimming pools, etc., and appurtenant structures;

b.

Planned unit development (upon review by board of adjustment and approval by City Council).

(2)

Prohibited uses and structures. Garage apartments and all uses and structures not permitted herein.

(3)

Minimum plot or parcel requirements:

a.

Area—8,000 square feet = 5.40 units per acre density.

b.

Width of plot at the minimum building line—75 feet.

(4)

Minimum yard requirements:

a.

Front yard (minimum building line) 25 feet;

b.

Rear yard setback 20 feet. Decking, patio, swimming pool, and screen enclosures may be placed within ten feet of the rear property line;

c.

Side yard ten feet.

(5)

Maximum height of structures and number of floors:

a.

Single-family residences: Two floors, 25 feet maximum building height;

b.

Accessory building and structures: Two floors, 20 feet maximum building height.

(6)

Minimum floor area. No single-family dwelling within said district shall have a ground floor area of less than 1,600 square feet exclusive of garages, porches, terraces, porticoes, patios, and unenclosed carports.

(7)

Villa group architectural aesthetics and design elements.

a.

Applicability and purpose. All properties located within a villa group shall comply with architectural and design elements respective to each villa group in order to provide for consistency in aesthetics, development review, and redevelopment within all City villa group neighborhoods.

b.

Permitted Villa Group architectural and design elements. All architectural and design elements within a villa group are to be color, material, and style compatible with the overall villa group aesthetics. Architectural and design elements are not limited to the specific core elements listed below. Manufacturer equivalencies are acceptable.

c.

Action by Architectural Committee and City Council. The City of Atlantis Architectural Committee as provided for in Section 15-10 shall review all applicable aesthetic applications for a building permit and architectural approval (in the case of painting a building or structure) in accordance with the permitted elements listed above and in addition to provisions in Section 15-10. The Architectural Committee shall function as a recommendation body to the City Council for any interpretations that may arise or requested deviations, in which case the City Council shall be the final decision-making authority.

(g)

District—R-1B Single-Family Residential.

(1)

Permitted principal uses and structures:

a.

Single-family residences, including customary accessory uses and appurtenant structures;

b.

Planned unit development (upon review by board of adjustment and approval by City Council).

(2)

Prohibited uses and structures. Garage apartments and all uses and structures not permitted herein.

(3)

Minimum plot or parcel requirements:

a.

Area: 6,000 square feet = 7.26 units per acre density.

b.

Width of plot at the minimum building line: 60 feet.

(4)

Minimum yard requirements:

a.

Front yard (minimum building line): 20 feet;

b.

Rear yard setbacks: ten feet;

c.

Side yard: five feet.

(5)

Maximum height of structure and number of floors:

a.

Single-family residencies: Two floors, 25 feet maximum building height;

b.

Accessory building and structures: Two floors, 20 feet maximum building height.

(6)

Minimum floor area: No single-family dwelling within said district shall have a ground floor area of less than 1,600 square feet exclusive of garages, porches, terraces, porticoes, patios, and unenclosed carports.

(h)

District—R-2 Multiple-Family Residential.

(1)

Permitted principal uses and structures:

a.

Single-family residences, including customary accessory uses and appurtenant structures;

b.

Multiple-family residences, up to and including four residential units per buildings;

c.

Planned unit development (upon review by board of adjustment and approval by City Council).

(2)

Special exceptions permissible by the board of adjustment: Appurtenant outbuildings to multi-family dwellings—Cart parking.

(3)

Prohibited uses and structures. All uses and structures not permitted herein.

(4)

Minimum plot or parcel requirements:

a.

Single-family dwellings—8,000 square feet = 5.44 units per acre density. Width of plot at the minimum building line—75 feet.

b.

Multiple-family dwellings—11,000 square feet = 15.84 units per acre density. Width of plot at the minimum building line—100 feet.

(5)

Minimum yard requirements. Single-family and multiple-family dwellings:

a.

Front yard 25 feet.

b.

Rear yard 20 feet.

c.

Side yard ten feet.

(6)

Maximum height of structures and number of floors:

a.

Single-family and multiple-family dwellings: Two floors, 25 feet maximum building height.

b.

Accessory building and structures: One floor, 20 feet maximum building height.

(7)

Minimum floor area:

a.

No single-family dwelling within said district shall have a ground floor area of less than 1,600 square feet exclusive of garages, porches, terraces, porticoes, patios, and unenclosed carports.

b.

No multiple-family dwelling unit within said district shall have a floor area of less than 1,100 square feet exclusive of garages, porches, terraces, porticoes, patios, and unenclosed carports.

(i)

District—R-3 Multiple-Family Residential.

(1)

Permitted principal uses and structures:

a.

Multiple-family dwellings, four units and over;

b.

Hotels, motels and apartments;

c.

Planned unit development (upon review by board of adjustment and approval by City Council).

(2)

Special exceptions permissible by the board of adjustment:

a.

Appurtenant outbuildings—Cart [car] parking;

b.

Private clubs;

c.

Churches;

d.

Hospitals.

(3)

Prohibited uses and structures. All uses and structures not permitted herein.

(4)

Minimum plot or parcel requirements:

a.

Multiple-family dwellings—14,000 square feet for the first four units plus 2,000 square feet for each additional unit = 18.78 maximum allowable units per acre density. Width of plot at minimum building line—110 feet;

b.

Hotels, motels, apartments—one acre. Width of plot at minimum building line—200 feet;

c.

Hospitals—one acre. Width of plot at minimum building line—200 feet;

d.

Churches—three acres.

(5)

Minimum yard requirements:

a.

Multiple-family dwellings—(one and two floors):

1.

Front yard 25 feet;

2.

Rear yard 20 feet;

3.

Side yard ten feet.

b.

Multiple-family dwellings—(three floors):

1.

Front yard 30 feet;

2.

Rear yard 25 feet;

3.

Side yard 15 feet.

c.

Hotels, motels and apartments:

1.

Front yard 35 feet;

2.

Rear yard 30 feet;

3.

Side yard 25 feet.

(6)

Maximum height of structures and number of floors. Three floors, 40 feet maximum building height.

(7)

Minimum floor area:

a.

No multiple-family dwelling unit within said district shall have a floor area of less than 1,200 square feet exclusive of garages, porches, terraces, porticoes, patios, and unenclosed carports.

(j)

District—C-1A Limited Commercial District.

(1)

Permitted principal uses and structures:

a.

Business and professional offices;

b.

Financial institutions;

c.

Reserved;

d.

Reserved;

e.

Medical and dental clinics (outpatient only);

f.

Motels, hotels;

g.

Personal services (except massage parlors, dry cleaning);

h.

Planned unit development (upon review by board of adjustment and approval by City Council);

i.

Restaurants;

j.

Retail stores;

k.

Theaters;

l.

Veterinary (no outside kennel).

(2)

Accessory uses: Outdoor seating and dining shall be a permitted accessory use in the C-1A zoning district pursuant to the following regulations:

a.

Only restaurants in the C-1A zoning district shall be permitted to have outdoor seating and dining facilities. Said facilities shall include chairs, benches, or bar type seating and may be located either on the sidewalk area fronting the particular restaurant or under a canopy area adjacent to the particular restaurant.

b.

Each restaurant shall be permitted on-site outdoor seating and dining facilities that can accommodate no more than four persons for every 600 feet of interior restaurant square footage. Outdoor tables placed in the sidewalk area fronting the restaurant shall accommodate no more than two persons each. Outdoor dining tables under a canopy area may accommodate a reasonable number of persons in compliance with the regulations of this subsection.

c.

Subsection b, above notwithstanding, no restaurant shall place more than two permitted two-person outdoor dining tables in the sidewalk area fronting the restaurant.

d.

Outdoor dining tables placed on-site in areas other than the sidewalk area fronting the restaurant shall not interfere with on-site parking facilities or parking lot traffic patterns.

e.

Table umbrellas are prohibited; canopies are allowed if approved by the architectural committee.

f.

All outdoor seating and dining facilities, including design features and fixtures, must meet all applicable codes including but not limited to fire code and building code regulations, accessibility requirements, and ingress and egress requirements, must be approved by the architectural committee prior to operation of the facility.

(3)

Special exceptions permissible by the board of adjustment:

a.

Churches;

b.

Private clubs;

c.

Pet stores;

d.

Adult entertainment establishments (see art. V of ch. 9, sections 9-80—9-94, for additional regulations).

(4)

Prohibited uses and structures:

a.

All uses and structures not of a nature specifically or provisionally permitted herein;

b.

Any use which the board of adjustment, on appeal, shall determine to be potentially noxious, dangerous or offensive to residents of the district or to those who pass on public ways by reason of odor, smoke, noise, glare, fumes, gas, fire, explosion or emission of particulate matter, or likely for other reasons to be incompatible with the character of the district;

c.

Manufacturing, distribution and wholesale operations including outside storage yards, truck terminals;

d.

Any outdoor display of merchandise.

(5)

Minimum plot or parcel or parcel requirements:

a.

Hotels, motels—one acre. Width of plot at the minimum building line—200 feet;

b.

Churches—three acres;

c.

Group retail stores, financial institutions, restaurants—one acre, width of plot at the minimum building line—200 feet.

(6)

Minimum yard requirements:

a.

General:

1.

Front yard 35 feet;

2.

Rear yard 35 feet;

3.

Side yard 15 feet;

Upon study and recommendation of the board of adjustment, a planned shopping center or professional office center with front and rear yard, maximum height of structures and plot sizes varying from those required in District C-1A may be permitted, provided that off-street parking and loading requirements are observed.

(7)

Maximum height of structures and number of floors. Three floors, 30 feet maximum building height.

(k)

District—CO Commercial Office District.

(1)

Permitted principal uses and structures:

a.

Professional and business offices;

b.

Medical and dental clinics;

c.

Financial institutions;

d.

Outpatient medical and surgical care centers.

(2)

Special exception uses. Subject to approval by the City Council (in accordance with the standards set forth at subsection 15-9(d)(2)).

a.

Pharmacy, subject to the following conditions:

1.

The use of outdoor lighting adequate to illuminate the entire storefront as well as all parking and loading areas between dusk and dawn, providing a minimum of one footcandle illumination and a maximum average of ten footcandle illumination. A photometric plan with points of calculation on a ten-foot by ten-foot grid completed by a licensed electrical engineer shall be submitted by the applicant as part of the special exception process;

2.

For security purposes, pharmacies shall be equipped with a 24-hour per day alarm system monitored by either law enforcement or a private security agency;

3.

Pharmacies may not operate as a "cash only" business and must accept insurance for the sale of controlled substances;

4.

No more than 15 percent of the total number of prescriptions filled within a 30-day period can be derived from the sale of Schedule II controlled substances as listed in F.S. § 893.03, as determined by an audit or information obtained from an entity that has jurisdiction to request and review such information.

5.

Pharmacy uses shall not be open for business before 8:00 a.m. or after 8:00 p.m.;

6.

In conjunction with application for its annual business tax receipt, pharmacy uses must provide the names, telephone numbers, addresses, dates of birth and driver license numbers for all individuals employed on site.

b.

Medical and dental training facilities.

(3)

Prohibited uses and structures. All uses and structures not permitted herein.

(4)

Minimum plot or parcel requirements. Area: 10,000 square feet.

(5)

Minimum yard requirements:

a.

Front yard setback: 30 feet;

b.

Rear yard setback: 30 feet;

c.

Side yard setback: 15 feet.

(6)

Maximum height of structure and number of floors: Two floors, 20 feet maximum building height.

(7)

Minimum floor area: No minimum floor area required.

(8)

Minimum off-street parking and loading requirements:

a.

One space for each 200 square feet of indoor area;

b.

A minimum of one loading berth or space shall be provided for standing, loading, and unloading operations, either inside or outside of building for all banks and similar establishments.

(l)

District—H-D Hospital District.

(1)

Permitted principal uses and structures:

a.

Hospitals, except criminal or mental hospitals;

b.

Medical and dental clinics;

c.

Veterinary (no outside kennel);

d.

Office for doctors, dentists, opticians and other professionals;

e.

Outpatient care facilities, including surgical centers.

(2)

The following accessory uses are permitted for a hospital:

a.

Heliports;

b.

One child care facility located outside the hospital building for daily care of children, provided it is utilized for children of hospital employees only.

c.

Gift shops, floral shops, pharmacies, cafeterias, snack bars, beauty and barber shops, or other uses which are accessory to or incidental to the normal operation of a hospital, provided they are contained inside the hospital and for the primary use of the employees and patients.

(2.5)

Special exception uses. Subject to approval by the City Council (in accordance with the standards set forth at subsection 15-9(d)(2)):

a.

Pharmacy not located within the hospital as an accessory use thereto, subject to the following conditions:

1.

The use of outdoor lighting adequate to illuminate the entire storefront as well as all parking and loading areas between dusk and dawn, providing a minimum of one footcandle illumination and a maximum average of ten footcandle illumination. A photometric plan with points of calculation on a ten-foot by ten-foot grid completed by a licensed electrical engineer shall be submitted by the applicant as part of the special exception process;

2.

For security purposes, pharmacies shall be equipped with a 24-hour per day alarm system monitored by either law enforcement or a private security agency;

3.

Pharmacies may not operate as a "cash only" business and must accept insurance for the sale of controlled substances;

4.

No more than 15 percent of the total number of prescriptions filled within a 30-day period can be derived from the sale of Schedule II controlled substances as listed in F.S. § 893.03 as determined by an audit or information obtained from an entity that has jurisdiction to request and review such information.

5.

Pharmacy uses shall not be open for business before 8:00 a.m. or after 8:00 p.m.;

6.

In conjunction with application for its annual business tax receipt, pharmacy uses must provide the names, telephone numbers, addresses, dates of birth and driver license numbers for all individuals employed on site.

(3)

Prohibited uses and structures. All uses and structures not permitted herein.

(4)

Minimum plot or parcel requirements:

a.

Area for hospital—15,000 square feet.

b.

Area for all other uses permitted—10,000 square feet.

(5)

Minimum yard requirements:

a.

Front yard—30 feet, rear yard—30 feet, side yard—15 feet.

(6)

Maximum height of structures. 85 feet maximum building height.

(7)

Minimum floor area. No minimum floor area required.

(m)

Reserved.

(n)

District—CG Commercial General District.

(1)

Location criteria: Parcels requesting an Official Zoning Map amendment to be included in the Commercial General zoning district must meet at least one of the following criteria:

a.

Nearest property boundary shall be located a distance not greater than 1,000 feet from the intersection of Lantana Road and Congress Avenue with frontage and access from one or both of these rights-of-way.

b.

Nearest property boundary shall be located a distance not greater than 1.000 feet from the intersection of Lantana Road and Military Trail with frontage and access from one or both of these rights-of-way.

c.

Shall have frontage on, and access to, Military Trail.

(2)

Architectural criteria: All structures within the Commercial General Zoning District shall meet the following minimum architectural criteria:

a.

Exterior building material shall be stucco or similar material presenting a high quality appearance.

b.

Buildings shall be designed to have the same architectural style and decorative elements on all sides.

c.

Colors of the building and accessory structures shall be compatible with the general character of the surrounding area.

d.

Elevations showing architectural details and colors shall be submitted as part of both the site development plan and any special exception application.

(3)

Permitted principal uses and structures:

a.

Medical and dental office;

b.

Professional office:

c.

Financial institutions, insurance and real estate office:

d.

Hotels:

e.

Restaurant without drive-thru service;

f.

Retail stores, except those specified as special exceptions below;

g.

Veterinary (without outside kennel);

h.

Auto accessories and parts, retail, subject to the following conditions:

1.

An oil recycling facility as prescribed by the United States Environmental Protection Agency, Florida Department of Environmental Protection and any other applicable regulatory agency shall be provided on site.

2.

No outdoor storage shall be permitted.

3.

Any installation or other work performed on vehicles or other equipment shall be conducted on the premises.

i.

Planned unit development (upon review by board of adjustment and approval by City Council).

(4)

Special exceptions permissible by the board of adjustment:

a.

Car wash facility, subject to the following conditions:

1.

Hours of operation shall be limited through conditions of approval to promote compatibility with surrounding uses.

2.

Onsite staff shall be present at all times during hours of operation.

b.

Vehicle repair and maintenance, subject to the following conditions:

1.

All activity shall occur within an enclosed building.

2.

No outdoor storage is permitted.

3.

Test driving of vehicles shall not be conducted on any residential streets in the City.

c.

Restaurant or retail with drive-thru, subject to the following conditions:

1.

Each drive-thru queuing lane must be clearly defined and designated so as not to conflict with other traffic utilizing the site.

2.

A by-pass lane shall [be] provided if a one-way traffic flow is utilized.

d.

Auto paint and body shop, subject to the following conditions:

1.

All activity, with the exception of vehicle washing/detailing shall occur within an enclosed building.

2.

The use of any outdoor equipment for any purpose except vehicle washing or detailing is prohibited.

e.

Retail with limited outdoor display. An establishment engaged in retail sales which requires the display of merchandise due to the nature of the product, typically plant stock and nursery material, as well as accessory structures such as sheds and gazebos, subject to the following conditions:

1.

Outdoor displays shall meet all required setbacks, shall not obstruct traffic circulation or parking areas, shall not obstruct sight triangle areas, and shall be approved in a defined location as detailed on the approved site plan.

2.

Outdoor displays of merchandise shall be directly associated with the primary retail use on the site.

3.

Outdoor merchandise display does not include the display of motor vehicles.

f.

Gas stations (without major vehicle repairing, painting).

g.

Self-service storage facilities, subject to the following conditions:

1.

Storage of hazardous materials is prohibited.

2.

Storage of vehicles, boats, recreational vehicles, etc. shall occur in designated areas, entirely screened from view of adjacent residential property and from public rights-of-way.

3.

Maintenance or repair work is strictly prohibited.

4.

Storage bay doors shall be oriented so that they are entirely screened from view, of adjacent residential property and from public rights of way.

5.

The rental of vehicles and trailers for moving and storage activities associated with the self-service storage facility may be permitted as a special exception use by the board of adjustment. Upon approval, the storage of such vehicles and trailers shall occur in designated areas, entirely screened from view of adjacent residential property and from public rights of way.

6.

A caretaker's or security officer's quarters is permissible as an accessory use.

h.

Vehicle rentals associated with and on the same site with a self-storage facility.

(5)

Accessory uses: Uses and structures which are located on the same site with, and which are of a nature customarily incidental and subordinate to, the principal building and use.

(6)

Prohibited uses and structures:

a.

All uses and structures not permitted herein;

b.

Any use which the board of adjustment, on appeal, shall determine to be potentially noxious, dangerous or offensive to residents of the district or to those who pass on public ways by reason of odor, smoke, noise, glare, fumes, gas, fire, explosion or emission of particulate matter, or likely for other reasons to be incompatible with the character of the district;

(7)

Minimum plot or parcel or parcel requirements: The CG Zoning District is intended to provide for and promote infill development. The minimum parcel size will be determined upon application of all applicable property development regulations: however, the following restrictions shall apply to the below listed uses:

a.

Hotels, self-service storage facilities—one acre. Width of plot at the minimum building line—200 feet;

b.

Gas stations, repair or maintenance—30.000 square feet. Width of plot at the minimum building line—150 feet.

(8)

Minimum yard requirements:

a.

General:

1.

Front yard—35 feet:

2.

Rear yard—35 feet;

3.

Side yard—15 feet;

b.

When a use in this district abuts a commercial use parking lot in this CG District or the C-1A District, or a non-residential use located adjacent to the City's jurisdiction, the abutting side or rear yard may be reduced to a minimum of ten feet, provided that the entire area is utilized as a landscape buffer.

(9)

Maximum height of structures. Thirty feet, or one foot of additional building height for each foot of setback, whichever is greater.

(Ord. No. 96, § .05, 3-30-77; Ord. No. 99, § 1, 10-19-77; Ord. No. 140, § 1, 6-16-82; Ord. No. 142, § 1, 4-6-83; Ord. No. 145, § 1, 1-18-84; Ord. No. 146, § 1, 1-18-84; Ord. No. 164, § 1, 3-7-84; Ord. No. 171, § 1, 5-15-85; Ord. No. 182, § 1, 7-22-87; Ord. No. 222, §§ 2—13, 7-18-90; Ord. No. 224, § 2, 10-17-90; Ord. No. 229, § 1, 6-19-91; Ord. No. 234, § 2, 6-17-92; Ord. No. 277, § 1, 7-2-97; Ord. No. 297, § 1, 1-20-99; Ord. No. 322, §§ 2, 3, 8-15-01; Ord. No. 328, § 1, 10-17-01; Ord. No. 352, § 1, 2-18-04; Ord. No. 367, § 3, 6-15-05; Ord. No. 377, § 1, 9-21-05; Ord. No. 414, § 2, 5-19-10; Ord. No. 416, § 2, 5-18-11; Ord. No. 429, § 1, 3-25-15; Ord. No. 430, § 2, 4-15-15; Ord. No. 440, §§ 2, 3, 6-15-16; Ord. No. 449, § 3, 12-20-17; Ord. No. 460, § 2, 7-21-21; Ord. No. 481, § 2, 6-21-23; Ord. No. 482, § 2, 10-18-23; Ord. No. 484, § 2, 3-20-24; Ord. No. 485, § 2, 5-15-24; Ord. No. 488, § 2, 6-19-24; Ord. No. 489, § 2, 7-17-24; Ord. No. 491, § 1, 8-8-24)

(a)

Minimum requirements. In their interpretation and application, the provisions of this chapter shall be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or that imposing the higher standards shall govern.

(b)

Refuse containers. In single-family residential districts, all refuse shall be stored in underground containers or may alternatively be stored in above ground containers that are kept within the residential building or otherwise properly screened from public view according to the requirements of chapter 8.3 article II. In R-2 and R-3 Districts, refuse shall be stored either in underground containers or in above ground containers that are kept within the apartment building or otherwise properly screened from public view according to the requirements of chapter 8.3 article II. In all non-residential Districts, refuse containers must be structurally screened from all adjacent property owners and all containers must be designed to conform to the standards of health, safety and welfare of the City.

(c)

Pools. All swimming pools, wading pools, spas, etc. shall be constructed and installed in accordance with state law and the latest edition of the Florida Building Code adopted by the City of Atlantis.

(d)

Public easement/right-of-way. No building or structure shall be erected or constructed within or across any public utility easement or public right-of-way.

(e)

Roof-top appurtenances. All roof-top appurtenances excluding solar heating devices shall be adequately screened from public view.

(f)

Temporary structures. A permit for the use of temporary structures and operations in connection with and on the site of building or land preparation developments, including dredging and filling, grading, paving, installation of utilities, construction, erection of field offices, structure for storage of equipment and building materials must be issued by the City prior to any such temporary structure being erected, installed or in any way occupied or used.

(g)

No business in residential district. No business of any kind whatsoever shall be erected, maintained, operated, carried on, permitted or conducted within any residential district except for home occupations pursuant to section 9-28 of the City Code of Ordinances.

(h)

Satellite dishes.

(1)

Definitions:

a.

Satellite dish or satellite television antenna. The two terms are interchangeable and refer to any parabolic or spherical antenna which receives television or other signals from orbiting satellites.

(2)

Application process:

a.

One (1) meter or less in diameter. No application for permit is required for the installation of any satellite dish that is one meter or less in diameter proposed for installation in any zoning district; no architectural review ("ARC") is required.

b.

Two meters or less in diameter. No application for permit is required for the installation of any satellite dish that is two meters or less in diameter to be located in any zoning district where commercial uses are permitted; No ARC review for commercial zones. Permit required for residential zones; ARC review required for residential zones. Roof mounting is prohibited.

c.

Greater than two meters in diameter ("large satellite dishes"). Permits required; ARC review required; plus the following additional requirements apply:

1.

Large satellite dishes or satellite television antennae shall consist of noncombustible and corrosive resistant materials;

2.

Large satellite dishes shall be adequately grounded for protection against direct strike of lighting and shall be subject to the applicable provisions of the state building code (see section 4-21 of the City Code of Ordinances);

3.

When installation is complete, a large satellite dish or antenna must be capable of withstanding winds of 120 m.p.h.; and

4.

The application for a permit for a large satellite dish shall be reviewed by the building department for a determination that the structure is designed and will be erected in a manner which meets the technical requirements of the Code including those set forth in this subsection.

5.

The maximum diameter of any satellite dish shall be ten feet.

6.

Portable satellite dishes are prohibited.

7.

Maximum overall height of the satellite dish and base shall be ten feet.

8.

Roof mounted satellite dish are prohibited.

(3)

Screening. An attempt shall be made to effectively screen any satellite dish that is greater than one meter in diameter from view and from visibility from public rights-of-way to the greatest extent practicable.

a.

For all residential zoning districts, satellite dishes having a diameter in excess of one meter shall be ground mounted and screened on three sides by the use of a non-living barrier such as a wall, fence, or pool enclosure, eight feet in height, or by some combination of the above along with landscaping installed outside the wall, fence, or pool enclosure screening. Walls, fences or pool enclosure screening, used for screening must be attached to the residence and must be located within applicable building setbacks.

b.

Satellite dishes installed in all other zoning districts having a diameter of two meters or less may be attached to the building and/or roof, but such installation is preferred by the City to be in the rear or along the side such that it cannot be viewed from the front of the structure.

c.

Any walls, fences and/or landscaping installed to screen the satellite dishes shall be maintained by the property owner and/or by the persons or groups in control of the property in a manner which will encourage maximum screening without interference with maintenance or operation of the satellite dish; this maintenance must be continued so long as the satellite dish is in existence.

(4)

Reserved.

(5)

Variance procedure. Request for variances with regard to satellite dish requirements shall be submitted to the Atlantis Board of Adjustment. Such requests shall be granted only if the Atlantis Board of Adjustment determines that such variance is not contrary to the intent of the satellite dish ordinance and that literal enforcement of the provisions of the satellite dish ordinance would be impracticable and would result in unreasonable and unnecessary hardship.

(i)

Mailboxes, statues and fountains. All curbside mailboxes within the City, and all statues and fountains located in a front yard and visible from a City right-of-way within the City are subject to the following, as applicable:

(1)

All curbside mailboxes shall comply with USPS STD 7A, or the otherwise current United States Postal Service regulations which govern the design of curbside mailboxes.

(2)

Curbside mailboxes, including the mounting post, may be black, white, or any other color or colors that match the colors of the principal structure located on the property.

(3)

Any curbside mailbox that is not the traditional dome-rectangular shape, mounted on a single post of traditional design, or any curbside mailbox that is decorated other than as set forth in paragraph (2) above, must be reviewed and approved by ARC prior to installation.

(4)

Any lawfully existing mailbox at the effective date of this subsection regarding mailboxes that could not be built under the terms of this subsection or that could not receive ARC approval under the terms of this subsection and subsection 15-10(e)(4)c. of the City's zoning code may continue so long as it remains otherwise lawful, subject to the following provisions:

a.

No such mailbox may be enlarged or altered in any way which increases its non-conformity.

b.

Should such mailbox be destroyed by any means to an extent of more than 50 percent of its assessed value at the time of destruction, or fall into a state of disrepair such that it is found to be in violation of the City's minimum property standards by the special magistrate, it shall not be reconstructed or repaired except in conformity with the provisions of this subsection;

c.

Should such mailbox be moved for any reason for any distance whatever, it shall thereafter conform to the provisions of this subsection.

(5)

Statues and fountains standing three feet or taller and requiring a building permit to install or construct which are proposed to be located in any front yard and which would be visible from any City right-of-way must be reviewed and approved by ARC prior to installation.

(6)

Any lawfully existing statue or fountain at the effective date of this subsection regarding statues and fountains that could not be built under the terms of this subsection or that could not receive ARC approval under the terms of this subsection and subsection 15-10(e)(4)c. of the City's zoning code may continue so long as it remains otherwise lawful, subject to the following provisions:

a.

No such statue or fountain may be enlarged or altered in any way which increases its non-conformity.

b.

Should such statue or fountain be destroyed by any means to an extent of more than 50 percent of its assessed value at the time of destruction, or fall into a state of disrepair such that it is found to be in violation of the City's minimum property standards by the special magistrate, it shall not be reconstructed or repaired except in conformity with the provisions of this subsection;

c.

Should such statue or fountain be moved for any reason for any distance whatever, it shall thereafter conform to the provisions of this subsection.

(j)

Preapplication conference. All applicants for rezoning or master site plan approval are encouraged to take part in a "preapplication conference" to determine requirements and options prior to submittal of formal application. This conference, when requested, shall be attended by the City Manager, building official and other necessary City staff as determined by the City Manager. This conference shall be for informational purposes only and no discussions by persons attending shall be considered as an approval of the proposal.

(k)

Medical offices, medical and dental clinics, outpatient medical care and surgical care centers and medical and dental training facilities shall be subject to the following regulations:

(1)

On-site dispensing of controlled substances that are identified in Schedules II, III, or IV in F.S. §§ 893.03, 893.035, 893.0355 or 893.0356, is strictly prohibited, unless otherwise expressly permitted by statutory or general law. The following are exempt from this prohibition; however, may be subject to special exception criteria as set forth in sections 15-5 and 15-9:

a.

A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is adequate to treat the patient during that particular treatment session.

b.

A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care as a patient at a hospital, nursing home, ambulatory surgical center, hospice, or intermediate care facility for the developmentally disabled which is licensed by the state.

c.

A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital.

d.

A health care practitioner when administering or dispensing a controlled substance to a person under the age of 16.

e.

A health care practitioner when dispensing a one-time, 72-hour emergency resupply of a controlled substance to a patient.

(2)

Additionally, the health care practitioner responsible for the operation or supervision of any medical office, medical or dental clinic, outpatient medical care and surgical care center, or medical and dental training facility shall execute an affidavit acknowledging the regulations set forth hereinabove prior to payment of the required business tax receipt. Failure or refusal to execute the required affidavit shall constitute prima facie evidence that the subject medical or dental office is operating in violation of the code of ordinances, which may result in code enforcement action, revocation of business tax receipt, and/or any other actions permitted by law.

(3)

Other than those listed in this subsection, or a hospital, or a pharmacy, no use, occupancy or business, however defined, shall sell, dispense or otherwise provide controlled substances identified in Schedules II, III or IV of F.S. § 893.03, as further amended by F.S. §§ 893.035, 893.0355 or 893.0356, unless otherwise expressly permitted by statutory or general law.

(l)

Reasonable accommodation process in housing.

(1)

Purpose and intent. The purpose of this section is to establish procedures for processing requests for reasonable accommodation process in housing from the City's land development regulations and related rules, policies, practices and procedures, for persons with disabilities as provided by Title VIII of the Civil Rights Act of 1968 (FHA), the Fair Housing Amendments Act of 1988 (FHAA), the Florida Fair Housing Act (§§ 760.20-760.37), Florida Statutes, and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131. et seq.) (ADA), as these laws may be amended from time to time. Any person who is disabled, or qualifying entities, may request a reasonable accommodation, pursuant to the procedures set out in this section.

(2)

Applicability. An applicant shall be required to apply for all applicable development review processes available in the City's Zoning Code prior to filing a request for reasonable accommodation, unless compliance with available development review processes would deprive the applicant, or persons with disabilities served by the applicant, of an equal opportunity to use and enjoy housing.

(3)

Notice to the public of availability of accommodation. The City shall endeavor to provide notice to the public, advising that disabled individuals or qualifying entities may request a reasonable accommodation.

(4)

Application procedures. The request for reasonable accommodation may be submitted on application forms provided by the City.

a.

Application contents. The following considerations shall be applicable for any application information or documentation required;

1.

Confidential information. Upon submittal of any medical information or records, including but not limited to condition, diagnosis, or history related to a disabled individual, an applicant may request that the City, to the extent allowed by law, treat the information or records as confidential. The City shall thereafter endeavor to provide notice to the disabled individual, or their representative, of any request received by the City for disclosure of the medical information or documentation previously requested to be treated as confidential.

2.

Address of applicant. Address of the applicant is requested, unless governed by 42 U.S.C. § 290d.d., in which case the address shall not be required, but the applicant may be requested to provide documentation to substantiate a claim verifying applicability.

3.

Address of housing. Address of housing or other location at which accommodation is requested unless governed by 42 U.S.C. § 290d.d., in which case address shall not be required. But the applicant may be requested to provide documentation to substantiate a claim verifying applicability.

b.

Sufficiency determination. The City Manager or designee shall determine whether the application is sufficient or insufficient within ten days of submittal by reviewing the information required in the application. If the application is not sufficient, a written notice shall be sent to the applicant specifying the deficiencies within the ten day determination timeframe set forth herein.

c.

Fee. There shall be no fee imposed by the City for a request for reasonable accommodation under this section or an appeal of a determination on such request, and the City shall have no obligation to pay an applicant's, or an appealing party as applicable, attorneys' fees or costs in connection with the request, or an appeal.

d.

Findings for reasonable accommodation. In determining whether the reasonable accommodation request shall be granted or denied, the applicant shall be required to establish that they are protected under the FHA or ADA, as defined in the FHA or ADA, Although the definition of disability is subject to judicial interpretation, for purposes of this ordinance the disabled individual must show:

1.

A physical or mental impairment which substantially limits one or more major life activities;

2.

A record of having such impairment; or

3.

That they are regarded as having such impairment.

The applicant shall demonstrate that the proposed accommodations being sought are reasonable and necessary to afford disabled persons equal opportunity to use and enjoy housing. The foregoing, as interpreted by the courts, shall be the basis for a decision upon a reasonable accommodation request made by the City Manager or designee.

e.

Action by appropriate City official. A written response shall be issued within 45 days of the date of sufficiency advising the applicant of the City's action.

f.

Determination. In accordance with federal law, the City Manager or designee, shall:

1.

Grant the accommodation request;

2.

Grant a portion of the request and deny a portion of the request;

3.

Impose conditions upon the grant of the request; or

4.

Deny the request. Any such denial shall be in writing and shall state the grounds therefore.

g.

Notice of proposed decision. All written determinations shall give notice of the right to appeal. The notice of determination shall be sent to the requesting party (i.e., the disabled individual or his/her representative) by certified mail, return receipt requested.

h.

Appeal. Within 30 days after the City Manager or designee has rendered a decision on a reasonable accommodation, the applicant may appeal the decision. This timeframe shall be based upon the date of the letter mailed to the requesting party. All appeals shall contain a statement containing sufficient detail of the grounds for the appeal. Appeals shall be to the City's special magistrate for code enforcement matters as set forth in the City Code. The special magistrate shall conduct a hearing and render a determination as soon as reasonably practicable, but in no event later than 60 days after an appeal has been filed. Such hearing shall be de novo. A special magistrate's decision may be appealed to the 15th Judicial Circuit Court by petition for writ of certiorari.

i.

Stay of enforcement. While an application for reasonable accommodation, or appeal of a determination of same, is pending before the City, the City will not enforce the subject land development regulation, or related rules, policies, practices or procedures, against the applicant.

(Ord. No. 96, § .06, 3-30-77; Ord. No. 113, § 1, 2-7-79; Ord. No. 127, § 7, 9-3-80; Ord. No. 188, § 1, 8-19-87; Ord. No. 198, § 1, 3-15-89; Ord. No. 222, §§ 14, 15, 7-18-90; Ord. No. 244, § 1, 3-17-93; Ord. No. 355, § 1, 6-16-04; Ord. No. 367, § 4, 6-15-05; Ord. No. 394, § 1, 3-21-07; Ord. No. 416, § 3, 5-18-11; Ord. No. 440, § 4, 6-15-16; Ord. No. 453, § 5, 11-20-19, eff. 6-1-20; Ord. No. 456, § 3, 7-15-20)

(a)

Purpose and intent. The purpose of this section is to provide an optional alternative to the zoning procedures that may be used to establish planned unit development districts hereafter referred to as PUD districts at appropriate locations and in accordance with the planning and development objectives of the City of Atlantis.

(1)

As set forth herein, it is the intent and purpose of these PUD district regulations to encourage, as well as permit land planners and developers to exercise ingenuity and imagination in the planning and development of relatively large tracts of land under one ownership or control.

(2)

Although planned unit developments produced in compliance with the terms and provisions of this section may depart from the strict application of use, setback, and minimum lot requirements, such developments are to be in keeping with the overall land use intensity and open space requirements now existing in the City of Atlantis. The intent of this section is to provide standards by which such flexibility may be accomplished while maintaining and protecting the public interest.

(b)

Planned unit development definition. A planned unit development is hereby defined as land under unified control which meets the minimum area requirements as stated herein and is planned and improved in a single development operation or programmed series of development operations according to an officially adopted master development plan and related program for the operation and maintenance of such areas, improvements, facilities and services as will be for the common use by some or all of the occupants and/or users of the planned unit development.

(c)

Applicability. The provisions set forth herein shall apply to all residential, commercial, and hospital zoning districts within the City of Atlantis.

(d)

Relation of planned unit development. The provisions which follow shall apply generally to the creation and regulation of all PUD districts. Where there are conflicts between these special PUD provisions and the general zoning provisions, these special regulations shall apply. The standards as herein contained shall apply to PUD districts and to the issuance of building permits and certificates of occupancy in such districts.

(e)

How established. PUD districts may hereafter be established, within the existing residential, commercial, and/or hospital zoning districts where tracts of land suitable in location, extent, and character for the structures and uses proposed are to be planned and developed, according to the procedures and requirements herein set forth.

(f)

PUD requirements, limitations and standards. In addition to all general provisions and procedures set out in this section, the following requirements, limitations and standards shall particularly apply to location, preparation, review and development of all PUDs.

(1)

Unified control. All land included for purpose of development with a PUD district shall be owned or under the control of the petitioner for such zoning designation whether that petitioner be an individual, partnership, or corporation, or a group of individuals, partnerships or corporations. The petitioner shall present evidence of the unified control of the entire area within the proposed PUD District.

(2)

Master development plan. Any petition for PUD zoning shall be accompanied by a professionally prepared master development plan comprised at a minimum of the following elements:

a.

A master development plan drawn to acceptable scale, which shall include:

1.

The title of the project and name of the developer.

2.

Scale, date, north arrow and general location map.

3.

Boundaries of the subject property, all existing streets, buildings, easements, section lines and other important physical features within and adjoining the proposed project.

4.

The proposed use of all land within the project boundaries, including the location and function of all areas proposed to be dedicated or reserved for community and/or public use.

5.

The approximate location of all proposed structures, open space landscaping and off-street parking and loading areas.

6.

The location and size of all existing and proposed drainage, water, sewer and other utilities.

b.

A written legal description of the subject property together with names and addresses of all owners of record.

c.

A report which shall include a general description of the proposed development, including information as to total acreage included in the development, the number of acres devoted to the various categories of land use shown on the master development plan together with the respective percentage of total development acreage, and the minimum design standards reflected by the master development plan for such features as lot shape and size, building size and coverage, open space provisions and landscaping. Master development plans for residential PUDs shall also indicate the number and type of dwelling units involved, and the corresponding overall development density in dwelling units per acre. Said report shall also include for all PUDs a listing of development criteria and special conditions unique to the proposed PUD upon which its approval is based.

d.

A proposed schedule of development which identifies the anticipated project start and completion dates, stages of development and the area and location of common open space to be provided at each stage.

e.

Covenants which govern the use, maintenance and continued protection of the planned unit development and its common areas or facilities.

f.

Application fee. At the time of filing an application for a Planned Unit Development District, the applicant shall pay a fee, the amount of which shall be set by resolution of the City Council.

g.

Off-street parking requirements shall conform to the regulations set forth in the zoning district within which the PUD is located.

h.

Site planning within any PUD shall provide protection of the development from potentially adverse surrounding influences, and protection of surrounding areas from potentially adverse influences generated by or within the PUD.

(3)

Residential planned unit developments.

a.

Minimum land area. The minimum area required for a residential planned unit development shall be one acre.

b.

Uses permitted. The following uses shall be permitted in residential PUDs when they are shown on the master development plan and adopted by the City Council:

1.

Single and multiple-family residential dwellings of any variety or combination of types.

2.

Accessory buildings and accessory uses.

3.

Common public and private open spaces.

c.

Minimum floor area. The amount of floor area required per dwelling unit in a residential PUD shall be not less than 1,400 square feet per single-family residential dwelling and not less than 1,100 square feet per multiple-family dwelling unit.

d.

Density requirements. There shall be a maximum of 12 dwelling units per acre for a residential PUD containing multiple-family or multiple- and single-family dwellings; and a maximum of six dwelling units per acre for a residential PUD containing only single-family dwellings, based on the total acreage contained in the PUD master development plan. No residential building shall be located closer than ten feet to any boundary line of a residential PUD district or any public street or roadway. No other building of any type shall be located within 20 feet of any boundary line of a residential PUD district or of any public street or roadway.

e.

Architectural drawings of all proposed structure types and improvements in the proposed development shall be included.

(4)

Commercial planned unit developments.

a.

Minimum land area. The minimum area required for a commercial PUD shall be two acres.

b.

Uses permitted. The uses permitted in a commercial PUD shall be those uses that are permitted uses or special exception uses in the underlying zoning district where the PUD is located. Any other commercial use shall be subject to the approval of the City Council and shall be submitted along with the master development plan.

(5)

Hospital planned unit developments.

a.

Minimum land area. The minimum area required for a hospital PUD district shall be 15 acres.

b.

Uses permitted. The following uses shall be permitted in hospital PUDs when they are shown on the master development plan and adopted by the City Council. Subsequent changes in use are allowed provided, however, that the new use is one which is listed as a permitted use as set forth herein. Any other hospital-related use not listed below shall be subject to the approval of the City Council and shall be submitted along with the master development plan.

1.

Any use permitted in the "HD" Hospital Zoning District.

(6)

Reserved.

(g)

Procedures for planned unit development. An application for a planned unit development zoning shall be submitted and processed in accordance with the following special procedures:

(1)

The applicant shall first submit to the board of adjustment the following materials or data with his application for rezoning a planned unit development:

a.

The master development plan as provided in paragraph (f)(2) above.

b.

The evidence of unified control of the proposed planned unit development.

c.

Such other material as the applicant may feel is applicable to and in support of his application for PUD zoning.

d.

Any additional information as may be required by the board of adjustment.

(2)

Hearing before the board of adjustment. Appropriate public notice shall be given pursuant to the procedure prescribed for hearings on special exceptions and a public hearing held before the board of adjustment on the application for the PUD zoning.

(3)

The board of adjustment shall make findings as herein set out and shall recommend to the City Council either:

a.

Approval of the PUD master development plan as proposed;

b.

Approval conditioned on stated modifications; or

c.

Disapproval.

(4)

In support of the recommendation, the board of adjustment shall make findings as to:

a.

The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, relation to surrounding areas, existing and probable future development, traffic and access, drainage, sewer, water and other utilities.

b.

Conformity of the proposed planned unit development with the comprehensive plan and development objectives of the City.

(h)

Action by City Council. The City Council shall, upon receipt of the board of adjustment's recommendation, hold a public hearing on the application. The owner(s) of the property requesting a planned unit development and all other owners of property within 100 feet of the property for which the planned unit development is requested shall be notified by mail of the date, time and place of the public hearing at least ten days before the date of such hearing. The City Council shall either:

(1)

Approve the proposed PUD;

(2)

Deny the proposed PUD; or

(3)

Approve the proposed PUD with conditions or modifications.

(i)

Effect of PUD. If the City Council approves a proposed PUD, the master plan of development and all other information and material formally submitted with the application shall become the standard of development for the subject planned unit development. Thenceforth, development in the area delineated as a PUD district shall proceed only in accordance with the adopted master development plan for such district. Such development shall conform to any time limitations established as part of its approval. No building permit or certificate of occupancy shall be issued in or for development in a PUD district except in conformity with all the provisions of the rezoning to PUD classifications.

(j)

Changes to master development plan.

(1)

Any changes or modifications which represent an increase to the building or structure height as depicted on the approved master development plan shall be subject to the same procedures for approval as established herein for its original approval.

(2)

Any proposed changes in the approved master development plan which represent an increase of greater than ten percent of the layout or location of any building or structure as depicted on the approved master development plan, or any change which represents an increase of greater than five percent of the overall ground coverage dimensions of any building or structure as depicted on the approved master development plan shall be subject to the same procedures as established herein for its original approval. Such master development plan shall comply with the minimum residential, commercial, and hospital set-back and yard requirements as set forth within their respective zoning districts for purposes of this section, the ten percent change or modification as stated above shall apply only to the location of any particular building or structure or portion thereof as it relates to the yard and building spacing dimensions immediately surrounding the building or structure as shown on the approved master development plan.

(Ord. No. 96, § .07, 3-30-77; Ord. No. 179, § 1, 2-19-86; Ord. No. 222, § 16, 7-18-90; Ord. No. 224, §§ 3—5, 10-17-90; Ord. No. 367, § 5, 6-15-05; Ord. No. 429, § 2, 3-25-15; Ord. No. 449, § 4, 12-20-17)

(a)

Intent.

(1)

Within the districts established by this chapter or amendments that may later be adopted there exist plots, structures, and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment.

(2)

It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(3)

A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

(4)

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

(b)

Nonconforming lots of record.

(1)

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.

(2)

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for plot width and area as established by the chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold which does not meet plot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter.

(c)

Nonconforming uses of land. Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter;

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the plot or parcel occupied by such use at the effective date of adoption or amendment of this chapter;

(3)

If any such nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

(d)

Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, plot coverage, height, yards, or other characteristics of the structure or its location on the plot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such structure may be enlarged or altered in a way which increases its nonconformity;

(2)

Should such structure be destroyed by any means to an extent of more than 50 percent of its assessed value of building at the time of destruction, it shall not be reconstructed except in conformity with provisions of this chapter;

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(e)

Nonconforming uses of structures. If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building;

(3)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the board of adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of adjustment may require appropriate conditions and safeguards in accord with the provisions of this chapter;

(4)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed;

(5)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located;

(6)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(f)

Repairs and maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.

(g)

Unsafe structure. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(h)

Uses under exception provisions not nonconforming uses. Any uses for which a special exception is permitted as provided in this chapter shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district.

(Ord. No. 96, § .08, 3-30-77)

(a)

Board established.

(1)

A board of adjustment is hereby established, which shall consist of five members and two alternate members to be appointed by the City Council. During the month of February, 1971, five members and two alternates shall be appointed to the following terms:

a.

One member to a one-year term.

b.

Two members to two-year terms.

c.

Two members to three-year terms.

d.

Two alternate members to a one-year term.

Thereafter, as each term shall expire, all reappointments or new appointments shall be for a term of three years. Members of the board of adjustment may be removed from office by the City Council for cause upon written charges and after public hearing. Vacancies shall be filled by resolution of the City Council for the unexpired term of the member affected.

(2)

The alternate member will serve as a member when due to the absence of one or more members, his attendance is necessary to constitute a quorum on the board for a meeting.

(3)

A member of the City Council shall attend as ex-officio member at all board of adjustment meetings.

(b)

Proceedings.

(1)

The board of adjustment shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this chapter. Meetings shall be held at the call of the City Manager or chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

(2)

The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the City Manager.

(c)

Hearings; appeals; notices; fees.

(1)

Appeals to the board of adjustment concerning interpretation or administration of this chapter may be taken by any person aggrieved by any decision of the administrative official. Such appeals shall be taken within 30 days of the decision so appealed by filing with the City Clerk notice of appeal specifying the grounds thereof. The City Clerk shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

(2)

The board of adjustment shall hear and decide appeals, at the next meeting which can be reasonably called with a minimum of ten days public notice thereof as well as a minimum of ten days' due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

(3)

An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the board of adjustment after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.

(4)

Fees are required with applications for change of zoning, special exception and variance, schedule to be set by resolution.

(d)

Powers and duties. The board of adjustment shall have the following powers and duties:

(1)

Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrative official in the enforcement of this chapter.

(2)

Special exceptions. To hear and decide only such special exceptions as the board of adjustment is specifically authorized to pass on by the terms of this chapter; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this chapter, or to deny special exceptions when not in harmony with the purpose and intent of this chapter. The board of adjustment shall have jurisdiction over special exception uses in all zoning districts except for CO Commercial Office District, and HD Hospital District. The City Council shall have jurisdiction over special exception uses in the CO Commercial Office District and HD Hospital District. A special exception shall not be granted by the board of adjustment or the City Council, as appropriate, unless and until:

a.

A written application for a special exception is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested.

b.

The owner of the property requesting a special exception and all other owners of property within 100 feet of the premises for which the special exception is requested shall be notified by mail of the public hearing, date and time, to consider such request, at least ten days before the date of such hearing.

c.

The public hearing shall be held. Any party may appear in person, or by agent or attorney.

A special exception shall not be granted unless the board of adjustment or the City Council, as appropriate, makes the following findings of fact:

d.

The proposed use will make a contribution to the neighborhood environment, will not detract from the general appearance of the surrounding community and will be operated such that the public health, safety and welfare will be protected.

e.

The intended use will provide a needed service or fulfill a needed function compatible with the long range zoning goals of the city.

f.

Excessive vehicular traffic and traffic congestion will not be generated on surrounding residential streets.

g.

The use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.

h.

The use will be compatible with adjoining development and the proposed character of the zoning district where it is proposed to be located.

i.

Adequate off-street parking and loading is provided and ingress and egress is so designed to cause minimal interference with traffic on abutting streets.

(3)

Special exceptions; safeguards. In granting any special exception, the board of adjustment or the City Council, as appropriate, may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made part of the terms under which the special exception is granted, shall be deemed a violation of this chapter, shall automatically render the special exception null and void and shall be punishable under section 15-12 of this chapter. The special exception, if granted, must be exercised within 12 months from the date of the order granting same or it will automatically expire and will be rendered null and void. One six-month extension may be granted administratively if a written request for same is received prior to the expiration date.

(4)

Variances. To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the board of adjustment unless and until:

a.

A written application for a variance is submitted demonstrating:

1.

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.

2.

That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

3.

That the special conditions and circumstances do not result from the actions of the applicant.

4.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.

No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

b.

Notice of public hearing shall be given as in subsection (d)(2)b.

c.

The public hearing shall be held. Any party may appear in person, or by agent or attorney.

d.

The board of adjustment shall make findings that the requirements of subsection (d)(4)a. have been met by the applicant for a variance.

e.

The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

f.

The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(5)

Variance safeguards.

a.

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter, shall automatically render the variance null and void and shall be punishable under section 15-12 of this chapter. The variance, if granted, must be exercised within 12 months from the date of the order granting same or it will automatically expire and will be rendered null and void. One six-month extension may be granted administratively if a written request for same is received prior to the expiration date.

b.

Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.

(6)

Decisions of the board of adjustment.

a.

In exercising the above mentioned powers, the board of adjustment may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have powers of the administrative official from whom the appeal is taken.

b.

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter.

(e)

Appeals from the board of adjustment. Any person or persons, or any board, taxpayer, department, board or bureau of the city aggrieved by any decision of the board of adjustment may seek review by a court of record of such decision, in the manner provided by the laws of the State of Florida.

(Ord. No. 96, § .09, 3-30-77; Ord. No. 222, §§ 17, 18, 7-18-90; Ord. No. 367, § 6, 6-15-05; Ord. No. 416, § 4, 5-18-11; ; Ord. No. 440, § 1, 6-15-17; Ord. No. 449, § 5, 12-20-17)

(a)

Administration. An administrative official designated by the City Council shall administer and enforce this chapter. He may be provided with the assistance of such persons as the City Council may direct.

(b)

Enforcement.

(1)

If the administrative official shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done, or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(2)

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the administrative official. The administrative official shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter.

(3)

It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the administrative official, and that such questions shall be presented to the board of adjustment only on appeal from the decision of the administrative official, and that recourse from the decisions of the board of adjustment shall be to the courts as provided by the laws of the State of Florida.

(4)

It is further the intent of this chapter that the duties of the City Council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this chapter. Under this chapter the City Council shall have only the duties of (1) considering and adopting or rejecting proposed amendments or the repeal of this ordinance, as provided by law, and (2) of establishing a schedule of fees and charges as stated in subsection 15-12(c)(1) hereof.

(c)

Building permits and painting architectural approvals.

(1)

No building or other structure, including driveways, patios and pool decks, shall be erected, moved, added to, structurally altered or aesthetically altered (excluding the use of the same or a different color of exterior paint on the walls, roof or any other part of the structure or surface) without a building permit therefor, issued by the administrative official. No building permit shall be issued except in conformity with the provisions of this chapter, except after written order from the board of adjustment. A single master permit shall be issued by the administrative official for aesthetic work to be performed throughout any villa group within the city. The painting of a building or structure including, but not limited to, the use of the same or a different color of exterior paint on the driveways, patios, pool decks, walls, roof or any other part of the structure or surface, shall not require a building permit, but shall require an architectural approval by the city architectural committee prior to commencement of work. Such architectural approval shall comply with all requirements listed in section 15-10(c)(10) below.

(2)

All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the plot to be built upon; the exact sizes and locations on the plot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. For aesthetic alterations only, that do not involve structural changes, a description, in duplicate, of the proposed aesthetic work, including color photographs, color renderings and/or color and material samples, shall be sufficient in lieu of said plans. Said plans or descriptions must be approved by the city architectural committee as herein provided prior to their submission with the application for a building permit. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the plot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter.

Said plans shall indicate a minimum elevation above the crown of the street of at least 18 inches. Said plans shall show a maximum elevation above the crown of the street. This elevation must be compatible with the elevation of the surrounding houses.

(3)

For all new construction and for any remodeling or alterations to existing structures which alter or change the existing structure's distance to boundary or lot lines, the administrative official shall require a boundary line survey and a tie-in survey prepared by a qualified surveyor.

(4)

All drawings and specifications for residences of $10,000.00 value or more; commercial or public buildings and structures of $5,000.00 value or more shall bear the signature and seal of a registered architect or engineer, registered in the State of Florida; and the name of the owner or his agent. Any building under the jurisdiction of the hotel commission shall be designed by a registered architect. Any structural remodeling or structural alteration plans are to be prepared by a registered architect or engineer.

(5)

One copy of the plans or aesthetic description shall be returned to the applicant by the administrative official, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The second copy of the plans or aesthetic description, similarly marked, shall be retained by the administrative official.

(6)

If the work described in any building permit has not begun within 90 days from the date of issuance thereof, said permit shall expire; it shall be canceled by the administrative official; and written notice thereof shall be given to the persons affected.

(7)

If the work described in any building permit has not been substantially completed within two years of the date of issuance thereof, said permit shall expire and be canceled by the administrative official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.

(8)

Within 60 days of the commencement of construction, the owner or general contractor shall submit to the building official and the architectural committee landscape plans for the subject construction. Said plans must be approved by the architectural committee as a condition precedent to the continuation of construction. Landscaping shall be completed in its entirety according to the approved plans before a certificate of occupancy will be issued.

(9)

Electric power may be approved for a limited time during construction. Said temporary electric power shall be disconnected prior to the issuance of a certificate of occupancy. Permanent electric power shall not be connected until after the issuance of a certificate of occupancy.

(10)

Architectural approval for painting a building or structure.

a.

Nothing shall be painted (including the use of a different color of exterior paint on the walls, roof or any other part of the structure or surface) without first obtaining an architectural approval from the city architectural committee. Repainting with the same color as has been already applied and previously approved will be processed administratively by the City Manager without architectural committee action. A single master painting architectural approval may be issued by the administrative official for aesthetic work to be performed throughout any villa group within the city after approval from the city architectural committee.

b.

Painting applications shall be accompanied by plans or a description, in duplicate, of the proposed aesthetic work, including color photographs, color renderings and/or color and material samples along with a description of the architectural style of the principal structure on the lot. No application for a painting architectural approval shall be deemed proper before the architectural committee until all plans or descriptions have been provided as herein set forth and reviewed by the administrative official. Painting plans or descriptions must be approved by the city architectural committee as herein provided prior to the city's issuance of an architectural approval. All paint colors shall be consistent with the architectural style of the principal structure. The application shall include such other information as lawfully may be required by the administrative official to determine conformance with, and provide for the enforcement of, this chapter. One copy of the plans or aesthetic description shall be returned to the applicant by the administrative official, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The second copy of the plans or aesthetic description, similarly marked, shall be retained by the administrative official. There is no fee associated with any applications for painting.

c.

If the work described in any application for painting architectural approval has not begun within 90 days from the date of issuance thereof, said approval shall expire; it shall be canceled by the administrative official; and written notice thereof shall be given to the persons affected. If the work described in any painting architectural approval has not been substantially completed within two years of the date of issuance thereof, said approval shall expire and be canceled by the administrative official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled approval shall not proceed unless and until a new architectural approval has been obtained.

d.

Painting architectural approvals issued on the basis of plans and applications approved, authorize only the colors/materials set forth in such plans and applications, and no other colors/materials. Colors/materials at variance with that authorized shall be deemed violation of this section, and punishable as provided by section 15-12.

(11)

Application for codified architectural elements. Applications for architectural approval to Villa Group properties may be approved by the administrative official without architectural committee review when applications are limited to architectural and design elements for the respective Villa Group as identified in the Villa group architectural aesthetics and design elements section of the City Code.

(d)

Construction and use to be as provided in applications, plans and permits. Building permits issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement, and construction set forth in such plans and applications, and no other use, arrangement, or constructions. Use, arrangement, or construction at variance with that authorized shall be deemed violation of this section, and punishable as provided by section 15-12.

(e)

The architectural review committee.

(1)

Establishment; appointment; terms. The architectural review committee of the City of Atlantis, Florida is hereby established and shall consist of three members appointed by the City Council for terms of two years. An alternate member may be appointed by the City Council for a term of one year. In the absence or disability of a regular member, an alternate member, if appointed, shall be called to sit and act in his place by the chairperson of the architectural review committee. Members and alternate members shall be residents of Atlantis at the time of appointment and shall maintain residency for the duration of their term.

(2)

Organization; qualification of members. The architectural review committee shall elect a chairperson and a vice-chairperson to preside at its meetings. Whenever possible, the members of the architectural review committee shall consist of persons who are currently involved in or are retired from the architectural profession, in some manner, i.e., an architect, a landscape architect, a person with expertise in landscaping or horticulture, or a person connected in some way with the building/construction or engineering profession.

(3)

Powers and duties; plans and specifications. The architectural review committee shall review every application for a permit (or for architectural approval in the case of painting) to erect a building, sign, or structure of any kind, whatsoever, including non-traditional (see subsection 15-6(i)) curbside mailboxes and statues and fountains, or to alter, remodel, repair, or change the exterior of any structure, or paint the exterior of any structure or surface within the city, including satellite dish applications. This does not include applications for codified architectural elements to villa group properties when applications conform to the architectural and design elements for the respective Villa Group as identified in the Villa group architectural aesthetics and design elements section of the City Code, which may be approved administratively by the administrative official. The architectural committee shall also review every application for the installation of permanent emergency electrical generators on any property within the City. For purposes of this chapter, any such generator shall be considered as equipment and not as a "structure;" however, a building permit for installation is required and all building code requirements shall be met. Every application for permit shall be accompanied by two sets of detailed plans and/or detailed specifications and/or aesthetic description, as applicable. No application for a permit shall be deemed proper before the architectural review committee until all plans and specifications, when required, including landscape plans, have been provided as herein set forth and reviewed by the building official.

(4)

Criteria for board action.

a.

The architectural review committee shall review applications for building permits and painting architectural approvals for any structure subject to its jurisdiction as set forth in subsection (3) above. In reaching its determination, the committee shall consider the following:

i.

Whether the plan for the proposed structure or project is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality.

ii.

Whether the proposed structure or project, in its exterior design and appearance, is of a quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value.

iii.

Whether the proposed structure or project is in harmony with the development or proposed development in the general area, with the comprehensive development plan of the City, and with the criteria set forth in supplemental district regulations as may be amended from time to time.

iv.

Whether the proposed structure is in conformity with the standards of the City code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved.

b.

The architectural review committee shall likewise review applications for permits to install permanent emergency electrical generators subject to its jurisdiction as set forth in subsection (3) above. Prior to approving the application, the committee shall confirm the following:

i.

That the generator proposed for permanent installation is a fully enclosed model.

ii.

That the plans for installation minimize the visual impact on the adjacent properties with the use of appropriate sight screening.

iii.

That the generator is not installed in any front yard as defined in the zoning code. Such installation is strictly prohibited.

iv.

That sound attenuating materials have been used to screen the generator to ensure the reasonable containment of sounds which will be created by the operation of any emergency electrical generator.

v.

That any application approved for the installation of an emergency electrical generator shall include the requirement that maintenance and "exercise" of the installed generator shall be limited to once per week, Monday through Saturday, between the hours of 10:00 a.m. and 5:00 p.m. with such period not to exceed 60 minutes in duration, and that generators may only be used during periods when electrical service to the property has been lost.

c.

The architectural review committee shall likewise review applications for permits to install "non-traditional" mailboxes, as well as statues and fountains located in front yards pursuant to subsection 15-6(i). Prior to approving the application, the committee shall confirm the following:

i.

The proposed mailbox, statue or fountain should accentuate and compliment the architecture of the principal structure located on the property.

ii.

The proposed mailbox, statue or fountain should be of a quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value.

iii.

The proposed mailbox, statue or fountain should be harmonious with the surrounding landscaping and development in the area, and in general, contribute to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas and high quality.

(5)

Denial; findings of fact. If the application is disapproved by the architectural review committee due to noncompliance with the criteria set forth hereinabove, the architectural review committee shall detail in its findings of fact the criterion or criteria that are not met and that need to be met in order that the applicant might obtain approval. The action taken by the architectural review committee shall be set forth in writing and signed by the chairperson.

(6)

Appeals. The architectural review committee shall function as the final decision-making authority with regard to approval of matters set forth in this section. If an applicant disagrees with the decision of the architectural review committee, such applicant may file a petition for the architectural review committee to reconsider its decision, which shall be heard by the architectural review committee. The applicant shall have 30 days from the day of the decision of the architectural review committee, exclusive of the day the decision is rendered, in which to notify the City manager, in writing, that the applicant desires to file a petition for reconsideration. The architectural review committee shall act upon the petition for reconsideration within 30 days of the date the notice is furnished to the City manager, exclusive of the day on which the notice is furnished. If the petition for reconsideration is denied by the architectural review committee, such applicant may appeal this decision to the City Council. When a decision is so appealed, the City Council shall act as the final decision making authority with regard to the matter appealed but may not waive requirements specifically set forth in the code. The applicant shall have 30 days from the day of the decision of the architectural review committee, exclusive of the day the decision is rendered, in which to notify the City manager, in writing, that the applicant desires to appeal. The City Council shall act upon the appeal within 45 days of the date notice is furnished to the City manager, exclusive of the day on which the notice is furnished.

(7)

Meetings. The architectural review committee shall meet on a regularly scheduled basis no less than two times per month. Additional meetings may be held at the call of the chairperson, if necessary. All meetings shall be open to the public. Failure of the architectural review committee to make a decision within 45 days after an application has been deemed complete by the building official and is properly before the architectural review committee shall be deemed an approval of the architectural review committee.

(Ord. No. 96, § 10, 3-30-77; Ord. No. 98, § 1, 10-19-77; Ord. No. 128, §§ 1—4, 10-2-80; Ord. No. 197, § 1, 3-15-89; Ord. No. 367, § 7, 6-15-05; Ord. No. 377, § 2, 9-21-05; Ord. No. 394, § 2, 3-21-07; Ord. No. 411, § 1, 12-16-09; Ord. No. 449, § 6, 12-20-17; Ord. No. 456, § 3, 7-15-20; Ord. No. 490, § 1, 7-17-24)

Editor's note— Section 1 of Ord. No. 128, enacted Oct. 20, 1980, amended section .10(3) of App. by adding provisions contained in §§ 2 and 3 of said ordinance, however, it did not specify the manner of inclusion; therefor, at the editor's discretion the provisions have been codified as § 15-10(c)(8) and (9).

(a)

The regulations, restrictions and boundaries set forth in this chapter may from time to time be amended, supplemented, changed, or repealed; provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of such public hearing shall be as set forth at F.S. chs. 163 and 166 as may be amended from time to time.

(b)

The owners of the property requesting a change of zoning and all owners of property within 100 feet of the premises for which the change of zoning is requested shall be sent a notice of public hearing as set forth at F.S. ch. 163 and 166, as may be amended from time to time.

(Ord. No. 96, § .11, 3-30-77; Ord. No. 367, § 8, 6-15-05)

State Law reference— Amendment procedures, F.S. §§ 163.3181, 166.041.

(a)

Penalties.

(1)

Violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 or imprisoned for not more than 60 days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

(2)

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

(3)

Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(b)

Separability clause. Should any section or provision of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

(c)

Schedule of fees, charges, and expenses.

(1)

The City Council shall establish by resolution a schedule of fees, charges, and expenses, and a collection procedure, for building permits, appeals, and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the administrative official and may be altered or amended only by the City Council.

(2)

No permit, certificate, special exception, or variance shall be issued unless or until prescribed costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before the board of adjustment unless or until preliminary charges and fees have been paid in full.

(Ord. No. 96, § .12, 3-30-77)

(a)

This chapter supersedes and replaces the provisions of the following existing Ordinances: 24, 40, 41, 43, 44, 45, 46, 47, 48, 54, 64, 66, 67, 73, 76, 83, 89. To determine the initial effective date of any provision of this chapter, reference should be made to the above enumerated ordinances.

(b)

All ordinances or parts of ordinances in conflict with this zoning ordinance, or inconsistent with the provisions of this chapter, are hereby repealed to the extent necessary to give this ordinance full force and effect.

(Ord. No. 96, § .13, 3-30-77)