(a)

All pumps islands shall be set back at least 15 feet from the right-of-way line; or where a major street setback line has been established, this 15-foot setback shall be measured from such line. A variance from pump island setbacks may be granted in accordance with the variance section of this Land Development Code.

(b)

Each curb break for a service station shall be a minimum of 25 feet in width with no more than two curb breaks for each 100 feet of curb length. Two or more curb breaks on the same street shall be separated by an area of no less distance than ten feet, and curb breaks shall be no closer than 15 feet from the nearest intersection of pavement at a street corner.

(c)

The overhang of any pump island canopy not attached to the principal building shall be setback at least five feet from the right-of-way or property line. The overhang of any pump island canopy attached to the principal buildings shall be deemed part of the building and subject to the building setback requirements.

(d)

When a service station abuts a residential district, it shall be separated therefrom by a solid masonry wall at least eight feet high.

(Ord. No. 92-6, ch. VII, art. A, § 1, 12-15-1992)

(a)

Every part of a required yard shall be open from its lowest point to the sky, unobstructed, except for the ordinary projections of sills, belt courses, cornices, buttresses, chimneys, flues and eaves attached to the primary structure and accessory buildings for not more than 24 inches.

(b)

On double-frontage lots, the required front yard shall be provided on each street.

(c)

An open, unroofed porch or paved terrace may project into a required front yard for a distance not exceeding 15 feet.

(d)

Roof projections shall not extend into any required yard in excess of 24 inches.

(e)

Where setback lines have been established, the front yard and in the case of corner lots, the front and side yards shall be measured from said setback lines.

(f)

In cases of reversed frontages, the determination of front and side yards shall be made by the city council, upon recommendation by the board.

(g)

In all districts, no structure shall be erected closer than 15 feet from a side street lot line or any intersection street right-of-way.

(h)

Submerged land shall not be considered in determining minimum requirements of this Land Development Code.

(Ord. No. 92-6, ch. VII, art. A, § 2, 12-15-1992)

(a)

Prohibition. Flea markets are prohibited within the city limits.

(b)

Permit for garage sale. Any person who holds a garage sale or similar type sale within the city limits shall be required to obtain a permit stating the location, and dates where said sale shall be held.

(c)

Garage sale permit fee. A fee shall be charged for a garage sale permit in an amount to be determined from time to time by the city, and the permit shall be conspicuously displayed on the premises where the garage sale is to occur.

(d)

Period between garage sales. No garage sale shall be permitted within three months of a previous sale at the same address or location.

(e)

Duration of garage sale. No garage sale shall be held for a period longer than three days. By sunset on the third and final day of the sale, all materials and signs shall be removed and properly discarded or stored in an enclosed structure.

(f)

Notice of violation. Whenever the city manager or the city manager's designee shall find any violation of this section, the city manager shall give written notice to the violator and/or property owner of the property where the violation occurred, informing them of such violation. The written notice required by this section shall be deemed to have been served if:

(1)

A copy of the notice is personally delivered to the property owner and/or the tenant and signed for;

(2)

A copy is left at the property owner's and/or tenant's usual place of abode with an individual 15 years of age, or older, and signed for by such person;

(3)

A copy is mailed by certified mail with return receipt requested; or

(4)

An officer of the law presents a citation to the property owner and/or tenant on a written form provided by the city.

(g)

Corrective action. Any person noticed under this section shall have 24 hours to correct the situation. If corrective action is not taken within the prescribed time frame, then the person shall be fined $25.00, and a fine of $50.00 for each subsequent violation. Each day that a violation of this section continues or is permitted to exist after the issuance of a notice shall constitute a separate offense under this section.

(h)

Payment of fines; issuance of receipts. The city clerk or his designee shall accept payment of fines pursuant to subsection (g) of this section and shall issue receipts accordingly.

(i)

Appeal request procedure. Any person noticed under this section, or their duly authorized agent, may, within five working days after issuance of the notice, request, in writing and upon payment of an appeal fee of $35.00, an appeal before the city council. Such appeal shall be set at a regular or special meeting to be held no later than 45 days after the filing of such request. The person noticed shall be given written notification of the date, time and place of the appeal hearing at least five working days prior to the hearing. At the completion of the appeal, the city council shall decide whether or not the notice was justified and whether or not the fine should be imposed. Any fine sustained, in whole or in part, by the city council must be paid within five working days after the date of the appeal at which the fine was sustained.

(j)

Collection of costs; records; secured property. If any person noticed under this section fails to pay the required fine within five working days after the date of issuance of the notice, or five working days after city council sustains the fine, the city clerk shall assess a delinquent fee of $100.00 against the property owner of the subject property. The property owner shall be notified by certified mail of their failure to comply with this section and a delinquent fee of $100.00 has been assessed to them. The notice shall direct the owner to pay the fine and all other fees and costs due under this section within ten days of the date of the notice. The notice shall inform the owner that, if payment is not made within the ten days, a special lien shall be filed and a charge will be made upon the property, which shall be payable with interest at the rate of eight percent per year from the date of such lien unit paid. Such lien shall be enforceable in the same manner as a tax lien in favor of the city and may be satisfied at any time by payment thereof including accrued interest. Notice of such lien may be filed in the office of the clerk of the circuit court and recorded among the public records of the county.

(k)

Waiver of right to contest citation. Any person who fails to respond to a notice issued under this section within the time specified on such notice and in the manner provided in this section shall be deemed to have waived the right to contest the merits of such notice.

(Ord. No. 92-6, ch. VII, art. A, § 3, 12-15-1992; Ord. No. 96-4, 2-20-1996)

Structures or uses required for such public utilities as gas substations, electric substations, telephone dial exchange buildings, radio and television stations and towers may be located in any district, as a special exception upon approval by the board after a review of the request and a detailed plot plan showing all improvements to be made. Security fences, a minimum of six feet in height shall be required around any gas or electric substation.

(Ord. No. 92-6, ch. VII, art. A, § 4, 12-15-1992)

(a)

In instances when a deed restriction, which is of record prior to October 7, 1957, is in conflict with the Land Development Code in such a manner that construction of any building will be prohibited if both the deed restriction and the Land Development Code were enforced, the council, upon recommendation of the board, may authorize a permit for construction which would in effect modify the Land Development Code and allow the deed restriction to control.

(b)

The application for deed restriction determination shall accompany a request for a building permit and include a copy of the deed restrictions. The board shall review the request, and make a recommendation to the council. The council shall make a determination based upon the facts and the recommendation by the board at a public hearing.

(Ord. No. 92-6, ch. VII, art. A, § 5, 12-15-1992)

(a)

Community residential homes with fewer than seven residents shall be allowed as permitted use in all residential zoning classifications, provided that such homes shall not be located within a radius of 1,000 feet of another existing home with six or fewer residents. The sponsoring agency or department shall notify the city manager at the time of home occupancy that the home is licensed by the state department of children and family services.

(b)

Community residential homes with between seven and 14 residents shall be allowed in multifamily residential zoning districts in accordance with the requirements and procedures set forth in F.S. ch. 419.

(c)

Community residential home shall have the meaning as provided in F.S. ch. 419.

(Ord. No. 92-6, ch. II, art. C, § 3, 12-15-1992; Ord. No. 04-15, § 1, 7-6-2003)

State Law reference— Family day care homes as permitted uses, F.S. §§ 166.0445, 402.313.

(a)

Definitions. As used in this section, the following words and terms shall have the meanings respectively ascribed:

(1)

Adult uses means any commercial activity, whether conducted intermittently or full time, which primarily involves the sale, display, exhibition, or viewing of persons, books, magazines, films, photographs, or other items or materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Such term shall include, but not be limited to, the following:

a.

Adult bookstore. An establishment having as a substantial or significant portion (over 25 percent) of its stock-in-trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.

b.

Adult motion picture theater. An enclosed building or drive-in theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observations by patrons therein.

c.

Cabaret. A nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, male or female impersonator or similar entertainer, whose such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

d.

Massage parlor. Any place where, for any form of consideration or gratuity, massage, alcohol rub, the administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with specified sexual activities or for any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.

e.

Adult motel. A motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

f.

Model studio. Any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

g.

Sexual encounter center. Any business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

(2)

Specified sexual activities. Specified sexual activities is defined as: (i) human genitals in a state of sexual stimulation or arousal; (ii) acts of human masturbation, sexual intercourse or sodomy; (iii) fondling or other erotic touching of human genitals, pubic regions, buttocks, or female breasts.

(3)

Specified anatomical areas. Specified anatomical areas is defined as: (i) less than completely opaquely covered (a) human genitals, pubic region, (b) buttocks, and (c) female breasts below a point immediately above the top of the areola, and (ii) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(b)

Special regulations applying to adult uses.

(1)

Special exception requirement. Adult uses are not permitted in any zone except upon the granting of a special exception pursuant to the procedure in chapter 42.

(2)

Location.

a.

No adult use shall be located within or closer than 1,000 feet to the boundary of any residential zone.

b.

No adult use shall be located closer than 1,000 feet to any other adult use.

c.

No adult use shall be located closer than 1,000 feet to the boundary of any public park.

d.

No adult use shall be located closer than 1,000 feet to any school, whether public or private.

e.

No adult use shall be located closer than 1,000 feet to any church, synagogue or other place which is used significantly for purposes of religious worship.

f.

No adult use shall be located closer than 1,000 feet to city hall.

g.

No adult use shall be located closer than 1,000 feet to any establishment engaged in the business of selling alcoholic beverages for consumption on the premises.

(Ord. No. 92-6, ch. II, art. C, § 4, 12-15-1992)

(a)

Location of beer and wine establishments.

(1)

Places of business for the sale of alcoholic beverages containing more than 3.2 percent of alcohol by weight for consumption on or off the premises may be located in the incorporated areas of the city in accordance with and subject to the general zoning regulations of the city and specifically those zoning regulations regulating the location of places of business selling alcoholic beverages containing 14 percent or more alcohol by weight. No such place of business shall be established within 1,000 feet of an established church or school; provided this prohibition shall not apply to vendors of beer and wine containing alcohol of more than one percent by weight for consumption off the premises only.

(2)

Distance from a church or school shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of said place of business to the main entrance of the church, and in the case of a school, to the nearest point of the school grounds in use as part of the school facilities.

(3)

The location of all existing places of business subject to this section shall not in any manner be impaired by this Land Development Code, and the distance limitation provided in this Land Development Code shall not impair any existing licensed location heretofore issued to and held by any such vendor nor shall said vendor's right of renewal be impaired by this Land Development Code; provided, however, that the location of any such existing license shall not be transferred to a new location in violation of this Land Development Code.

(b)

City beverage zones.

(1)

All of those certain areas of land in the city which lie within 5,000 feet of a vendor's place of business as now established, located and licensed under the provisions of F.S. § 565.02(1)(a) and (b), are, pursuant to the powers conferred on this council, hereby zoned as a beverage zone, and each such area is hereby designated as a "city beverage zone."

(2)

No other place of business shall be established, located or maintained in any "city beverage zone," by a vendor otherwise eligible to be licensed under the provisions of F.S. § 565.02(1)(a) and (b) and the use of the area thereof for the retail sale of alcoholic beverages containing alcohol of more than 14 percent by weight is prohibited. It is hereby provided by this Land Development Code that the purpose of zoning the areas mentioned in subsection (b)(1) of this section is to provide and require that no vendor shall be licensed or permitted to operate in said "city beverage zone" at a location therein, for the sale, at retail, of alcoholic beverages containing alcohol of more than 14 percent by weight within a distance of 5,000 feet of the location of any vendor now established, existing and licensed under the provisions of F.S. § 565.02(1)(a) and (b), and have a place of business located within the city's limited.

However, it is further provided that if there is an existing location of a place of business of a vendor licensed under the provisions of F.S. § 565.02(1)(a) and (b), and such place of business is located outside the city in the county, then in that event, in determining the distances from a location where a vendor may operate, the distance from the city limit boundary to the place of business and location of a vendor in the county shall be considered in reckoning the aforesaid prescribed 5,000 feet distance; and in such event the distance from the city limits bound line to the vendor's place of business in the county shall be deducted from the boundary line of the "city beverage zone" as herein established, and the zone area of the "city beverage zone" shall be proportionately reduced.

(3)

The location of all places of business in the incorporated area of the city licensed to sell beverages containing alcohol of more than 14 percent by weight on the date of the adoption of this Land Development Code (December 15, 1992) shall not in any manner be affected by this Land Development Code, and this Land Development Code shall not apply to existing licensed locations, nor the renewal of licenses thereof, and, the distance limitation provided for in this Land Development Code shall not affect any existing licensed location heretofore issued to and held by any such vendor nor such vendor's right of renewal or transfer of any such license; provided, however, that the location of any such existing license shall not be transferred to a new location in violation of this Land Development Code, except that the location of any presently existing license, or renewal thereof, may be transferred to a new location which is a distance not in excess of 500 feet from the present location of said existing licensed location.

(4)

The distances provided in this ordinance shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the proposed main entrance of a vendor who proposes to operate his place of business and licensed under F.S. ch. 565, to the main entrance of any other vendor who is operating such a business.

(5)

The provisions of this Land Development Code shall not apply to hotels, motels and restaurants holding special licenses under the state beverage act, nor shall it apply to nonprofit incorporated clubs, including social clubs, and caterers at horse or dog racing plants as defined in the state beverage act, F.S. chs. 561—565, 567 and 568.

(6)

This Land Development Code is not intended to and shall not be so construed as to, in any manner affect, change or modify any other provisions of the zoning laws, rules and regulations now in force in the city.

(Ord. No. 92-6, ch. II, art. C, § 5, 12-15-1992)

State Law reference— State beverage law, F.S. ch. 561 et seq.

(a)

All temporary structures, including mobile homes and travel trailers, may be used as construction field offices and tool sheds when accessory to the development of a subdivision or building, and shall be subject to the following regulations:

(1)

Such use shall be temporary and shall expire when 90 percent of the subdivision is completed or within one year, whichever comes first.

(2)

In the case of individual permanent structures being erected on the same parcel of land, such temporary use shall not exceed 180 days or ten days after completion of the permanent structure, whichever comes first.

(3)

Permits for temporary structures shall be obtained from the city manager. When such permits expire, they may be renewed by the city manager for a period not to exceed an additional 90 days. Upon expiration of any permit for a temporary structure, such structure shall be removed from the premises.

(b)

Temporary structures, including mobile homes and travel trailers, may be used as sales offices for a subdivision in a residential district as a special exception. Such sales offices shall not include sales of real estate outside the subdivision.

(c)

Temporary structures such as tents (not to be used for habitation) may be permitted in any agricultural or commercial district for a period not to exceed 30 days. A temporary permit shall be required.

(Ord. No. 92-6, ch. VII, art. B, § 1, 12-15-1992)

(a)

Intent. It shall be the purpose of this section to control the location, use and size of all buildings or portions thereof being moved within the city, except those classified as mobile homes. Inasmuch as the city building regulations set forth certain provisions for the moving of buildings, it is the intent that the provisions of this section shall control.

(b)

Review. All buildings or portions thereof which are moved shall comply with the regulations set forth in this Land Development Code based on the district of destination and shall be reviewed by the city manager to determine whether or not the building or portions thereof to be moved is compatible with the existing buildings, within the area of destination.

(c)

Exceptions. Substandard dwellings may be moved subject to the following regulations:

(1)

Prior to the moving of any dwelling which is substandard in living area for the district of its destination, the owner shall obtain a permit for the improvements necessary to meet the zoning district.

(2)

In applying for such permit, the applicant must submit a plot plan and detailed construction plan of the proposed addition including the estimated cost. Such improvements shall be completed within 60 days after the issuance of said permit.

(3)

A performance bond or letter of credit acceptable to the city manager guaranteeing the construction of the required addition shall be provided by the owner. Such bond or letter of credit shall be in the amount of the estimated cost of such improvements plus ten percent.

(d)

Permitting. All moving of buildings shall require a building permit. In cases where improvements are required to satisfy the minimum requirements of the Land Development Code, only one permit will be necessary for both items provided that a plot plan and detailed construction plan accompany the application and a performance bond or letter of credit acceptable to the city manager has been posted.

(Ord. No. 92-6, ch. VII, art. B, § 2, 12-15-1992)

(a)

Chimneys, water, fire, radio and television towers, church spires, domes, cupolas, stage towers and scenery lofts, cooling towers, elevator bulkheads, smokestacks, flagpoles, parapet wall and similar structures and their necessary mechanical appurtenances may not be erected above the height limits herein established.

(b)

Applicants/owners may apply for a variance to this section in accordance with the regulations set forth in this Land Development Code; however, the heights of these structures or appurtenances thereto shall not exceed the height limitations prescribed by the Federal Aviation Administration within the flight approach zone patterns of airports.

(Ord. No. 92-6, ch. VII, art. B, § 3, 12-15-1992)

(a)

Each applicant for a formal subdivision, nonresidential site plan and/or a planned development shall submit a $5,000.00 deposit payable to the city by money order or cashier's check drawn on a financial institution authorized to do business in the county at the time of submission. Each applicant for an informal subdivision shall submit a $1,000.00 deposit payable to the city by money order or cashier's check drawn on a financial institution authorized to do business in the county at the time of submission. Each proposed subdivision, nonresidential site plan, and/or planned development, hereinafter shall be individually and collectively referred to as "project." No review of any project by the city or the city's employees, agents, contractors or consultants, shall commence until: (i) the deposit has been received by the city, and (ii) a written authorization for the city to proceed with review and a written agreement to pay all costs, expenses and fees have been executed and delivered by the property owner and/or applicant to the city.

(b)

Costs, expenses, and fees incurred by the city may be deducted from the deposit as provided in section 54-173. The amount of the deposit remaining after costs, expenses and fees due the city have been deducted, If any, shall be returned to the applicant within 30 days of withdrawal of the project or within 30 days of final approval of the subdivision plat or lot split or within 30 days of a certificate of occupancy being issued for a nonresidential site development or planned development, as applicable.

(c)

An applicant for a lot split under section 50-33(6) shall submit a non-refundable fee of $300.00, and the city shall not review, process, or act upon a lot split application until such fee is received.

(Ord. No. 92-6, ch. VII, art. C, § 1(A), 12-15-1992; Ord. No. 04-03, § 6, 3-12-2004; Ord. No. 19-03, § 6, 7-2-2019)

(a)

The director of planning and development, hereinafter referred to as "the director," shall, in accordance with this section, determine all of the costs, expenses and fees incurred by the city relating to the review of each project. Items which shall determine the above costs, expenses and fees include:

(1)

Professional engineering and surveying.

(2)

Attorney review and consultation.

(3)

Other consultants and contractors retained or used by the city.

(4)

City employees.

(b)

In addition to the costs, expenses and fees incurred by the city relating to the review of the project by the city's engineering, legal, surveying, other consultants, employees, agents, and/or contractors, all advertising costs and any other cost or expense which directly relates to the review of a project shall be charged to and paid by the applicant.

(c)

Any on-site or off-site changes to the project, either required by the city or proposed by the applicant/property owner, shall be subject to the provisions of this section regardless of when the proposed changes are made. Any changes proposed by the applicant after the final reimbursement of funds by the city shall require an additional deposit to be made in accordance with this section. Any changes required by the city after the final reimbursement of funds by the city shall be billed to the applicant in accordance with the billing and collection procedures set forth in this section.

(Ord. No. 92-6, ch. VII, art. C, § 1(B), 12-15-1992; Ord. No. 04-03, § 6, 3-12-2004)

(a)

Billing. As costs, expenses and fees are incurred by the city, the director shall send an invoice to the applicant for payment. The applicant shall have ten days from the date of the city invoice to review the basis of the total invoice and to pay the invoiced amount to the city or to object to same.

(b)

Objections. Any objection to the invoice must be set forth in writing addressed and delivered to the city manager within the aforesaid ten days, and such objection shall be considered by the city council. The city council shall uphold, reverse, or modify the invoice or decision of the director; and such decision shall be final. After the decision by the city council is rendered, if any amount upheld by the council is not paid by the applicant within five working days, the amount will be deducted from the deposit.

(c)

Failure to comply. If payment is not received within the ten days and no objection has been filed, the amount due shall be deducted from the deposit.

(d)

Final notice. In the event that the deposit is insufficient to cover the amounts owed and the applicant has failed to reimburse the city pursuant to this section, the director clerk shall send a final notice to the applicant and/or landowner. The final notice shall state:

(1)

The amount due; and

(2)

That if the amount due is not paid within ten days, the city may take whatever legal action is necessary to collect the amount due, such as the placement of a lien in an amount equal to the amount due plus a charge equal to ten percent of such amount against the property or denial of a certificate of occupancy.; and

(3)

That all city staff and consultants performing work related to the project shall cease such work until the amount owed is paid and an additional deposit is made in a sum determined by the director to be a reasonable expectation of costs, expenses and fees yet to be incurred by the city on the project.

(e)

Additional deposit. If at any time prior to final approval of the plat or completion of the development, as applicable, the deposit funds are exhausted, the applicant shall submit an additional deposit in a sum to be determined by the director to be a reasonable expectation of the costs, fees and expenses yet to be incurred by the city on the project.

(Ord. No. 92-6, ch. VII, art. C, § 1(C), 12-15-1992; Ord. No. 04-03, § 6, 3-12-2004)

The city's receipt of payment for the costs, expenses and fees incurred by the city relating to the review of each project is a condition precedent to the city's final approval of the subject project.

(Ord. No. 92-6, ch. VII, art. C, § 1(D), 12-15-1992; Ord. No. 04-03, § 6, 3-12-2004)

(a)

All consultant, contractor and agent costs, expenses and fees which are incurred by the city shall be passed directly on to the applicant without modification.

(b)

All fees relating to city employees shall be computed by multiplying the hourly rate of pay of each employee working on said project by the number of hours expended by each such employee working on the project.

(c)

All city costs relating to the project shall be passed directly on to the applicant without modification.

(Ord. No. 92-6, ch. VII, art. C, § 1(E), 12-15-1992; Ord. No. 04-03, § 6, 3-12-2004)