This chapter and the zoning map incorporated in section 31-2 shall be known as the "City of Belle Glade Zoning Ordinance."

(Code 1967, § 29-2)

The city is hereby divided into zones or districts, as shown on the zoning map with passage of Ordinance No. 10-07 and filed with the city clerk. The map and all explanatory matters thereon are hereby made a part of this chapter.

(Code 1967, § 29-1; Ord. No. 10-07, § 2, 11-1-10)

Except as in this chapter:

(1)

No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations specified in this chapter for the district in which it is or is to be located.

(2)

No building 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 lot area; or

d.

To have narrower or smaller rear yard, front yard, side yards or other open spaces than is specified in this chapter for the district in which such building is located.

(3)

No part of a yard or other open space required about any building for the purposes of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.

(Code 1967, § 29-3)

For the purpose of this chapter, certain words used in this chapter are described as follows:

Access shall mean the way or means by which pedestrians and vehicles enter and leave property.

Accessory structure or accessory use shall mean a detached structure or a use incidental and subordinate to the main use of property and located on the same lot or parcel as the main building.

Alley shall mean a public right-of-way providing only secondary access to property and not intended for general travel.

Apartment. See "Multiple-family dwellings."

Automobile service station shall mean an establishment used for the retail sale of automotive fuels and oils where grease, batteries, tires, and automobile accessories are sold at retail and where minor mechanical repairs not involving painting, removal of engines, transmissions, drive train housings, radiators, hoods, fenders, bodies, doors or similar major automotive parts or assemblies may be accomplished.

Building shall mean any temporary or permanent roofed structure on real property used or built for the shelter or enclosure of persons, animals, or property of any kind.

Building height shall mean the vertical distance measured at the centerline of the building's principal front from the established grade to the level of the highest point of the roof beams in the case of flat roofs or roofs inclining not more than one (1) inch to the foot; and to the mean height level of the top of the main plate and highest ridge in the case of other roofs.

Building setback shall mean a line inside of and parallel to the property line at the distance from the lot line prescribed by this chapter as the minimum distance that the nearest wall of any building may be located.

Camper park shall mean one (1) or more buildings or structures, tents, trailers or vehicles together with the land appertaining thereto, established, operated or used as living quarters for five (5) or more residents of a camp designed and operated for recreational purposes.

Camper space shall mean a plot of ground within a camper park designed for accommodation of one (1) camper vehicle or tent.

Camper vehicle or camper trailer shall mean any vehicle or portable structure constructed to be transported on or towed behind a motor vehicle and designed to permit temporary occupancy as living quarters; it shall be considered self-contained if it includes a toilet and bath or shower.

Clear vision area shall mean a triangular area on a lot at the intersection of two (2) streets or a street and a railroad, the dimensions of which are specified by this chapter.

Comprehensive plan shall mean all or any part of a master plan for development of real property adopted by the city commission.

Dwelling, generally shall mean any building or portion thereof which is designed for or used for residential purposes.

Dwelling, multiple-family shall mean a building having three (3) or more dwelling units with each dwelling unit independent from any other, and intended to be occupied by three (3) or more families.

Dwelling, single-family shall mean a building designed with only one (1) dwelling unit and intended to be occupied exclusively by one (1) family.

Dwelling, two-family (duplex) shall mean a building designed with two (2) dwelling units with each dwelling unit independent from the other, and intended to be occupied by two (2) families.

Dwelling unit shall mean a room or rooms connected together, constituting a separate, independent housekeeping establishment, containing sleeping, bathing, toilet and cooking facilities. The term "dwelling unit" shall also include a mobile home. Such a mobile home shall be subject to the requirements for mobile homes as may be indicated in applicable mobile home regulations or building code. The term "dwelling unit" shall not include hotels, motels, clubs, boardinghouses or any institution such as an asylum, hospital or jail where human beings are housed by reason of illness or under legal restraint.

Family shall mean one (1) or more persons living together in a single dwelling unit.

Filling station shall mean a maximum of one (1) service island, containing a maximum of four (4) double pumps used for the retail sale of automotive fuels; and where no automotive repair facilities, no outdoor storage or automobile accessories, and no vehicular storage (other than required off-street parking spaces) are permitted.

Gross floor area shall mean the sum of the gross horizontal square foot areas of all floors of a building.

Home occupation use shall mean any occupation, or activity carried on by a member of the immediate family, residing on the premises, in connection with which there is used no sign, other than nameplate of not more than one (1) square foot in area and there shall be no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling, providing also that:

(1)

No commodity is to be sold upon the premises;

(2)

No mechanical equipment is to be used which will cause electrical interference, excessive noise or other disturbance or nuisance to surrounding property owner;

(3)

No additional vehicular traffic or parking spaces would normally be expected or required.

Hospital shall mean an institution with organized medical staffs, with permanent facilities that include in-patient beds; medical and nursing services to provide diagnoses and treatment of patients; and licensed as a hospital by the state.

Impervious surfaces shall mean those areas of a lot which, due to improvements thereon, no longer permit the normal absorption or percolation of surface water.

Junk shall mean any waste, scrap, surplus or discarded material other than that classified by the state as sewage.

Junkyard (salvage yard) shall mean the use of more than two hundred (200) square feet of the area of any lot for the storage of junk, or for the dismantling or wrecking of automobiles, other vehicles, machinery or other personal property whether or not such uses are conducted as a business.

Kennel shall mean a lot or building where four (4) or more dogs, cats or domestic animals at least four (4) months of age are kept commercially for board, propagation, training or sale.

Livestock shall mean domestic animals, other than cats and dogs, of types customarily raised or kept on farms.

Loading space or zone shall mean an off-street space within a structure or on the same lot with a structure for the temporary parking of commercial vehicles while loading or unloading merchandise or materials, and which space abuts on a street or other appropriate means of access.

Lot shall mean:

(1)

A single parcel of land described as a lot in the plat of a subdivision recorded in the county public records; or

(2)

A single parcel of land, other than as defined in subsection (1) above, record title of which is in the name of:

a.

An individual;

b.

An estate by the entireties;

c.

A partnership or corporation;

d.

A single legal entity on April 9, 1979; or

e.

A parcel of land on which there is or is intended to be, under the building code, a single building.

Lot area shall mean the total horizontal land area within the boundaries of a lot.

Lot coverage shall mean the portion of a lot covered by materials forming any unbroken surface impervious to water including the:

(1)

Building, excluding roof or balcony overhangs, measured at the exterior walls or supporting members of the building at grade;

(2)

Street, driveways and parking lots; but excluding:

a.

Patio floor surfaces of eighty (80) square feet or less;

b.

Sidewalk surfaces of four (4) feet or less in width and not closer than sixty (60) feet to another sidewalk of greater width;

c.

Retaining walls with horizontal surfaces of two (2) feet or less in width and not closer than sixty (60) feet to any other such wall of greater width.

Lot line shall mean the external boundaries of a lot.

(1)

Lot line, front shall mean the boundary of a lot dividing it from the adjacent street, other than an alley or in the case of a corner lot, the shortest property line along a street in a platted subdivision and designated as such.

(2)

Lot line, rear shall mean the boundary of a lot opposite the front lot line.

(3)

Lot line, side shall mean any boundary of a lot other than a front or rear lot line.

Major repairs, motor vehicles. A major repair to a motor vehicle means any repair, replacement, exchange and removal or any of them of any part, or the whole, of the following component parts of any motor vehicle: Timing gears and chains; valve assemblies; engine blocks and component parts thereof; transmissions; wheel-driving mechanisms and assemblies; removal, installation or replacement of any of the foregoing; body painting and repairs; and any repairs not defined in this section as minor repairs.

Minor repairs, motor vehicles. Maintenance, replacement, installation, exchange or repairs of fuel injection systems or carburetors; alternators, generators, starters, electrical wiring systems and lights; tires; braking systems; replacement and repacking of wheel bearings; cooling systems; air conditioning systems; belts; water pumps; steering systems; wheel alignments; batteries (including charging); replacement of valve cover and oil pan gaskets but not internal engine, transmission or drive train seals as these are major repairs; windshield, window, door and rear glass; engine tuneups, excluding those incident to major repairs; radios, tape players, audio systems, alarm devices and auxiliary lights; and motor vehicle washing, polishing, waxing and cleaning.

Mobile home shall mean any type of trailer or vehicle body, regardless of any appurtenances, additions or other modification thereto, without independent motive power, manufactured upon an integral chassis or undercarriage and designed either for travel over the highways or for housing accommodations or both.

Mobile home park shall mean a use of land in which two (2) or more lots or spaces are offered for rent or lease for the placement of mobile homes and in which the primary use of the park is residential.

Mobile home space shall mean a plot of ground within a mobile home park designated for accommodation of one (1) mobile home.

Mobile home subdivision shall mean a subdivision to be used exclusively for mobile homes and complying with mobile home subdivision ordinances.

Net density shall mean the ratio of dwelling units to total buildable land area, excluding streets, and street rights-of-way.

Net residential acre shall mean the land area devoted to residential uses, excluding streets and street rights-of-way.

Nonconforming building shall mean a building or portion thereof, legally built prior to April 9, 1979, or the effective date of any amendment to this chapter, which does not conform with the regulations of the district in which it is located.

Nonconforming use shall mean land or a building lawfully occupied prior to April 9, 1979, or any amendment hereto, by a use which does not conform with the regulations of the district in which it is located.

Off-premises signs means any sign advertising a use, commercial establishment activity, product, service or entertainment that is sold, produced, manufactured, available or furnished at a place other than on the property upon which said sign is located. This sign is also commonly referred to as an outdoor advertising sign or a billboard. A real estate open house sign shall not be considered an off-premises sign. See also section 31-296, Prohibited signs.

Open space shall mean land uncovered by structures, streets or any other hindrance.

Owner shall mean the person, firm or entity in whom property is titled.

Owner of record shall mean the owner as shown on the county public records.

Parcel of land. Same as "Lot."

Park shall mean land for recreation use.

Parking lot shall mean a lot area utilized for the parking of six (6) or more vehicles.

Parking, off-street, shall mean an area, on a lot, in an accessible and unobstructed condition used for parking of motor vehicles.

Permit shall mean a document issued by the city granting permission to perform an act or allow a use relating to land, which is regulated by the city.

Previous surface shall mean areas of a lot which allow the normal absorption and percolation of surface waters.

Planned unit development (PUD) shall mean a land area under unified control designed and planned to be developed in a single operation or by a series of prescheduled development phases for designated uses according to a plan, approved by the city commission which does not necessarily correspond to the property development and use regulations of the zoning district in which the development is located.

Principal use shall mean the main activity function or the activity which is carried on within a lot, structure or building.

Public lodging establishments shall include the following:

(1)

Barracks shall mean any building or structure with one (1) or more rooms, arranged, intended, or designed to be used or offered for use as sleeping accommodations for or by six (6) or more adult persons in the same room, whether or not licensed as a public lodging establishment by the state.

(2)

Boardinghouse shall mean any building or structure that is maintained and operated as a place where sleeping and housekeeping accommodations are provided for compensation and where food is regularly prepared, served or sold for immediate consumption on or in the vicinity of the premises whether or not licensed as a public food service establishment.

(3)

Dormitory shall mean living or sleeping facilities furnished by educational institutions primarily for the use of its students, faculty or visitors.

(4)

Hotel shall mean any building or group of buildings containing sleeping room accommodations for twenty-five (25) or more guests with the services usually provided by a hotel and licensed by the state as a hotel.

(5)

Motel, motel hotel, motor court, tourist court, motor lodge shall mean any building or group of buildings containing sleeping accommodations for travelers, with an exit to the outside of each unit, a central office on the property, a bath or connecting bath for every rental unit and at least six (6) rental units, whether or not licensed by the state.

(6)

Roominghouse shall mean any building or structure used, maintained or advertised as a place where sleeping accommodations are supplied for pay to transient or permanent guests or tenants, whether or not licensed by the state.

Row house or townhouse shall mean a single-family dwelling sharing one (1) or two (2) common sidewalls with an adjacent similar dwelling or dwellings and extending from the lowest to the highest point of the building between the common sidewalls.

Setback. See "Building setback."

School shall mean an educational institution.

Sign shall mean an identification, description, illustration or device which is situated, affixed to or represented, directly or indirectly, upon a building, structure or land, and which directs attention to a product, place, activity, person, institution or business.

Street shall mean a way or right-of-way reserved for public use, other than an alley, which provides primary vehicular and pedestrian access to adjacent properties and may include the terms, avenue, drive, highway, land, road or other similar designation.

Structure shall mean anything constructed or erected, the use of which requires a permanent location on the ground or attachment to something having a permanent location on the ground. Structures include among other things buildings, towers, walls, fences and billboards.

Subdivision shall mean a subdivision as described in chapter 25 which relates to subdivisions.

Vehicular repair facility shall mean an establishment used for mechanical engine overhaul or major repairs, body repairs, and painting of motor vehicles, and wherein an automobile service station may also operate.

Vehicular use area shall mean any ground surface area, excepting public right-of-way, used by any type of vehicle whether moving or at rest for the purpose of, including but not limited to, driving, parking, loading, unloading, storage or display, such as, but not limited to new and used car lots, activities of a drive-in nature in connection with banks, restaurants, automobile service stations, grocery and dairy stores, and open lot uses.

Visual screen shall mean fences, trees, shrubs or other screening devices, designed, placed and maintained by the person charged with the duty to provide it in a manner rendering such visual screen at least eighty (80) percent opaque from ground level to not less than six (6) feet in height within a period of three (3) years after the issuance of a certificate of occupancy.

Yards shall mean an open space on the same lot as the principal building, created by the setback distances as required by this chapter.

(Code 1967, § 29-4; Ord. No. 90-16, § 1, 9-10-90; Ord. No. 91-1, § 1, 2-25-91; Ord. No. 08-06, § 1, 7-21-08)

Cross reference— Definitions and rules of construction generally, § 1-2.

For the purpose of this chapter, the city is hereby divided into districts designated as follows:

(Code 1967, § 29-5)

If, in accordance with the provisions of this chapter, changes are made in district boundaries or other subject matter portrayed on the zoning map, such changes shall be made on the zoning map within two (2) working days after the amendment has been adopted. No changes of any nature shall be made in the zoning map or matter shown thereon except in conformity with the procedure set forth in this chapter.

(Code 1967, § 29-6)

Where uncertainty exists as to the boundaries of districts as shown on the zoning map, the following rules shall apply:

(1)

Distances not specifically indicated on the zoning map shall be determined on the ground, if required.

(2)

Where physical or cultural features existing on the ground are at variance with those shown on the zoning map, the city commission shall interpret the district boundaries.

(3)

Where a district boundary divides a lot which was in single ownership at the time of passage of this zoning code, the board of adjustment may permit the extension of the regulations for either portion of the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot, provided such extension shall coincide with the boundary of the lot.

(Code 1967, § 29-7)

A single-family residence and customary accessory buildings may be erected on a single lot, tract or parcel of land, notwithstanding limitations imposed by other provisions of this chapter if the erection of such a single-family residence was permissible prior to April 9, 1979, and the single lot, tract or parcel of land was of record prior to April 9, 1979.

(Code 1967, § 29-10)

Where a lawful structure exists on April 9, 1979, or on the effective date of any amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, setbacks, or other characteristics of the structure or its location on the lot, 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 damaged by any means to an extent of more than fifty (50) percent of its then tax assessed value, it shall not be repaired except in conformity with these regulations; but if such structure is less than fifty (50) percent damaged, as determined by the city, it may be repaired within six (6) months after such damage, otherwise such nonconforming use shall not be permitted. Notwithstanding the above, if any nonconforming structure which has been destroyed by an act of God to the extent of more than fifty (50) percent of its then tax assessed value, then the nonconforming structure may be replaced and rebuilt as it was originally constructed, except for mobile homes which may be replaced or rebuilt on the lot only for a period not to exceed five (5) years and in conformance with state law, after which time the mobile home must be removed from the lot if such mobile home use is still not permitted under the zoning code. The five-year time frame for removal shall begin from the first instance of damage due to an act of God should a mobile home be affected by multiple acts of God. Any replacement or rebuilding of a mobile home must be commenced within nine (9) months following the act of God, by application for and payment of applicable city permits.

(3)

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

(Code 1967, § 29-11; Ord. No. 06-01, § 1, 5-15-06)

Where, on April 9, 1979, or on the effective date of any amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter 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 on April 9, 1979, or on the effective date of any amendment of this chapter.

(2)

No such nonconforming use shall be moved in whole or part so as to occupy any portion of the lot or parcel on which it is situated than that occupied by such use on April 9, 1979, or on the effective date of any amendment of this chapter.

(3)

If any such nonconforming use of land ceases for any reason for a period of more than one (1) year such nonconforming use shall no longer be permitted.

(4)

When the planning and building department determines that a nonconforming use has ceased, an official letter shall be sent certified mail, return receipt requested, to the property owner of record as shown on the current tax roll stating that the abovementioned one-year period shall commence as of the date of the letter.

(5)

For the purpose of this section, nonconforming activities or conditions continuing activities carried out for twenty (20) consecutive days shall be sufficient indication that a nonconforming use has begun.

(Code 1967, § 29-12)