This chapter shall be known and cited as the zoning ordinance.

(Ord. No. 253, § 1.1, 2-28-56)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Accessory building" shall mean a subordinate building on the same plot and not a part of the main building.

"Accessory structure" shall mean a subordinate structure on the same plot and not a part of the main building.

"Accessory use" shall mean a use naturally and customarily incidental to, subordinate to, and devoted exclusively to the main use of the premises.

"Adequate public facilities" shall mean those facilities required to serve a proposed development in accordance with level of service standards adopted in the city's comprehensive plan. Adequate public facilities shall include those facilities that improve the quality of service for transportation related levels.

"Adult book store/adult novelty store/adult video store" shall mean an establishment having a substantial or significant portion of its stock-in-trade, which shall be defined as at least 20 percent of the gross floor area of the establishment, devoted to adult material.

"Adult care center" shall mean any building or buildings, or other place, whether operated for profit or not, which undertakes through its ownership or management to provide for a part of the 24-hour day, basic services to 3 or more adults, not related by blood or marriage, who require basic services, which receives a payment, fee or grant for any of the adults receiving care, whether or not operating for profit or which is held out to the public to be an establishment which regularly provides adult custodial services. These basic services or tasks for self care may include assistance with telephones, shopping, mobility, meal preparation and eating, housework, laundry, money management, self-administered medication, grooming, bathing, dressing and undressing, and other personal hygiene activities.

"Adult dancing establishment" shall mean an establishment where employees display or expose specified anatomical areas to others, regardless of whether the employees actually engage in dancing.

"Adult domination/submission parlor" shall mean an adult establishment specializing in bondage, sadomasochism, humiliating activities or other similar activities which depicts, describes or relates to the "specified sexual activities" or "specified anatomical areas," as defined below.

"Adult entertainment" shall mean any action intended to amuse which is distinguished or characterized by an emphasis on material depicting, describing or relating to specified sexual activities or specified anatomical areas or which features topless dancers, exotic dancers, strippers, male or female impersonators, the modeling of clothing revealing or less than completely and opaquely covering specified anatomical areas, or similar activities.

"Adult material" shall mean 1 or more of the following, regardless of whether it is new or used:

(a)

Books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, video cassettes, slides or other visual representations; recordings or other audio materials; and anatomically correct novelties or devices that have, as their primary or dominant theme, subject matter depicting, exhibiting, illustrating, describing, or relating to specified sexual activities or specified anatomical areas, as defined below; or

(b)

Anatomically correct instruments, novelties, devices, or paraphernalia, which are designed for use in connection with specified sexual activities, excluding bona fide birth control devices.

"Adult mini motion picture theater" shall mean an enclosed building (with at least 1 theatre style seating or viewing booth) regularly used for presenting adult material, for observation by patrons therein, which material may not be exposed to minors under F.S. ch. 847. The viewing or adult "booth" referenced in this definition is defined as a small enclosed or partitioned area inside the theater designed or used for the viewing of adult material by 1 or more persons, which is accessible to all persons, regardless of whether a fee is charged for access. A "booth" shall not include a foyer through which a person can enter or exit the establishment, or a rest room.

"Adult motel" shall mean a hotel, motel, boarding house or rooming house or other place of temporary lodging presenting adult material by means of closed circuit television, for observation by patrons therein.

"Adult motion picture theater" or "adult theater" shall mean an enclosed building with a capacity of 50 or more persons regularly used for presenting adult material for observation by patrons therein, which material may not be exposed to minors under F.S. ch. 847. Theaters designed to allow the outdoor viewing of adult material are not permitted.

"Alcoholic beverage" shall mean any beverage containing more than 1 percent of alcohol by weight, measured in the manner described in F.S. § 561.01(4)(b) and successor provisions thereto.

"Alley" shall mean a public thoroughfare or way, not more than 30 feet in width, and which normally provides a secondary means of access to abutting property.

"Alter" or "alteration" shall mean any change in size, shape, character, occupancy or use of a building or structure.

"Assisted living facility" shall mean any building or buildings, section of a building, or distinct part of a building, residence, private home, boarding home, home for the aged, or other place, whether operated for profit or not, which undertakes through its ownership or management to provide, for a period exceeding 24 hours, housing, food service, and 1 or more personal services for 4 or more adults, not related to the owner or administrator by blood or marriage, who require such services. A facility offering personal services for fewer than 4 adults is within the meaning of this definition if it formally or informally advertises to or solicits the public for residents or referrals and holds itself out to the public to be an establishment which regularly provides such services.

"Athletic training facility" shall mean a use primarily devoted to providing scheduled, instructional athletic training and fitness sessions, classes, practices, and competitive events for individual clients, athletic teams, and athletic programs, in an open floor space setting, and shall include, but shall not be limited to: strength and conditioning, customized athletic instruction and training, personal fitness training, sprint and running tracks, gymnastic instruction and training, martial arts/boxing instruction and training, cheerleading instruction and training, swimming instruction and training pools, and racquet sports with court facilities. Although use by the general public is permissible, an "athletic training facility" does not primarily provide athletic training opportunities to the general public on a walk-in basis. The term "athletic training facility" shall not include a health and fitness club, health spa, large-scale indoor commercial recreation use, personal service shop, personal service use, or medical clinic, office or use.

"Bars, nightclubs and drinking establishment" shall mean any establishment devoted primarily to the retailing and on-premises consumption of alcoholic beverages with or without entertainment. The term includes, without limiting the meaning of the term, bottle clubs.

"Block" shall mean all land fronting on 1 side of a street between the nearest streets, alleys, railroad rights-of-way, canals, or waterways intersecting, meeting or crossing the aforesaid street and bounding such land, and not necessarily as shown on a subdivision plat.

"Board" shall mean the planning and zoning board of the city.

"Bottle club" shall mean any establishment engaged in the business of catering to patrons who bring to the establishment an alcoholic beverage to be consumed on the premises with a mixer or other beverage, ice, food or container furnished by the establishment for a consideration, or in connection with the viewing of entertainment for a consideration, or where admission to the premises is for a consideration.

"Building" shall mean any structure, either temporary or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind. This definition shall include tents, awnings or vehicles situated on private property and serving in any way the function of a building.

"Building massing model" means a 3-dimensional drawing(s) using sketchup or other comparable program which illustrates the location and mass (footprints and vertical and horizontal dimensions) of all proposed buildings. The drawings may include architectural detail, fenestration, or other façade design components, such as balconies, windows, doors and roof design.

"Bungalow or house courts" shall mean a group of 2 or more separate residential buildings on the same plot, having separate outside entrances for each dwelling unit.

"Call center" shall mean a centralized business operation used for the purpose of receiving and transmitting a large volume of telephone-based requests, operated by a company to manage and administer incoming inquiries from consumers regarding product support or information, and outgoing contacts on behalf of clients. The term "call center" encompasses a range of activities, including, but not limited to, telemarketing, customer service, product assistance and services, debt collection and similar operations and services.

"Change of occupancy" shall mean a discontinuance of an existing use and the substitution therefor of a use of a different kind or class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.

"Child care center" shall mean any building or shelter in which custodial care is rendered for a part of the 24-hour day to 6 or more children and which receives a payment, fee or grant for any of the children receiving care, whether or not operating for profit or which is held out to the public to be an establishment which regularly provides child custodial services.

"Collectibles" shall mean objects with value suitable for a collection as a hobby, as display, sentimental value or as an investment whose value may appreciate, and includes, but is not limited to, fine art, rugs, antiques, stamps, coins, metals, gems and wine. Motor vehicles and products classified as flammable, explosive, radioactive, corrosive, restricted, dangerous or designated as hazardous by the city's chief of fire rescue services, according to the criteria established by the national fire prevention codes adopted by the city, are specifically excluded from this definition and shall not constitute a "collectible."

"Community residential home" shall mean a dwelling unit licensed to serve clients of the department of health and rehabilitative services, which provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents.

"Complementary uses" means uses that allow a person to meet multiple daily needs by walking from one use to a second use.

"Convalescent home" shall mean a building, or portion thereof, wherein for compensation living accommodations and care are provided for persons suffering from illness, other than mental or contagious, which is not of sufficient severity to require hospitalization, or for persons requiring further institutional care after being discharged from a hospital other than a mental hospital. Occupancy of a convalescent home by any patient shall not exceed 30 days within any calendar year.

"Department" shall mean the development services department of the city.

"Distance:" Whenever a measurement such as ¼ mile between 2 locations is stated, the distance shall be measured by reference to the most convenient walking and/or biking route.

"Drive-through service" means any commercial operation which dispenses goods, products or service to the occupants of motor vehicles while they are seated in a motor vehicle.

"Dwelling" shall mean any building, or part thereof, occupied, in whole or in part, as the residence or living quarters of 1 or more persons, permanently or temporarily, continuously or transiently.

"Dwelling, 1-family" (also referred to as a "single-family residence") shall mean a dwelling occupied not otherwise than by 1 family.

"Dwelling, 2-family" (also referred to as a "duplex") shall mean a dwelling occupied not otherwise than by 2 families.

"Dwelling, multiple" shall mean a dwelling occupied by 3 or more families, or as a roominghouse.

"Employee" shall mean a person who works or performs in a sexually oriented business, irrespective of whether the person is paid a salary or wage by the owner or manager of the premises. "Employee" shall include a person who pays a form of consideration to an owner or manager of an establishment for the privilege of working, performing, or exposing his or her specified anatomical areas within the establishment.

"Encounter studio/modeling studio" shall mean an establishment offering nude or semi-nude encounter/modeling sessions, sessions between opposite or same sex adult individuals, nude dance/photo sessions, or sexual consultations, which have as their dominant or primary theme matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined below.

"Erected" shall include built, constructed, reconstructed, moved upon or any physical operations on the premises required for building. Excavations, fill, drainage and the like shall be considered a part of erection.

"Established grade" shall mean the required minimum lowest floor elevation as prescribed in the city amendments to the Florida Building Code (FBC) contained in chapter 19 of this Code.

"Establishment" shall mean the site or premises on which the sexually oriented business is located, including the interior of the establishment, or portion thereof, upon which certain activities or operations are being conducted for commercial gain.

"Family" shall mean 1 person or a group of 2 or more persons living together and interrelated by bonds of consanguinity, marriage or legal adoption, or a group of persons not more than 3 in number who are not so interrelated, occupying the whole or part of a dwelling as a separate housekeeping unit with a single set of culinary facilities. The persons thus constituting a family may also include gratuitous guests and domestic servants. Any person under the age of 18 years whose legal custody has been awarded to the state department of health and rehabilitative services or to a child-placing agency licensed by the department, or who is otherwise considered to be a foster child under the laws of the state, and who is placed in foster care with a family, shall be deemed to be related to and a member of the family for the purposes of this chapter. Nothing herein shall be construed to include any roomer or boarder as a member of a family.

"Filling station" shall mean any building or land used for retail sale and dispensing of automobile fuels or oils. A filling station may furnish supplies, equipment and services to private passenger vehicles incidental to sale and dispensing of automobile fuels and oils.

"Flag" shall mean any fabric, plastic, canvas, material or bunting containing distinctive color(s), pattern(s), symbol(s), emblem(s) or insignia(s) that represents a non-commercial idea or institution, or entity, such as a government or civic club.

"Fleet vehicle parking" shall mean the parking, including overnight parking, of motor vehicles which are owned or leased for commercial purposes such as delivery vans, box trucks, trade and public utility vehicles, and rental vehicles. It shall not include parking of new or used cars for sale or construction equipment or machinery, or service or repair of fleet vehicles.

"Floor area," where a specified minimum floor area is required in this chapter for a dwelling, shall mean that portion of the total area of the dwelling which is suitable for year-round use for living purposes, including fully enclosed porches, breezeways, and 50 percent of the area of roofed-over but unenclosed porches, breezeways, carports, and fully enclosed garages, provided that this allowance shall not exceed 200 square feet.

"Front porch" shall mean a roofed, open area which may not be screened, glazed, or enclosed, which is attached to or part of, and with direct access to and from, a dwelling unit.

"Garage" shall mean a detached accessory building or an attachment to a main building or a portion of a main building designed or used for the indoor parking of not more than 6 motor vehicles used by the occupants of the main building.

"Garage, community" shall mean a building, or part thereof, used for indoor parking of self-propelled private passenger vehicles, for the use of residents in the vicinity, and providing only incidental services to such vehicles as are stored therein.

"Garage sale" shall mean a general sale, open to the public, conducted from or on a property with an existing residential use, by the residents thereof, for the purpose of disposing of personal property, and shall include, but not be limited to, a yard sale, lawn sale, estate sale, rummage sale, tag sale or any similar sale.

"General advertising sign" shall mean a sign having any wording, character or symbol thereon which advertises or refers to a product, substance or service which is not available on, or does not apply to, the plot upon which the sign is located.

"Gross land area" means the total gross land area encompassed by a unified project, including all the land areas of required or voluntarily dedicated land for public roadway, right-of-way or other purposes.

"Height of building" or "height of structures" shall mean the vertical distance from the established grade to the highest point of the structures (excluding public utility poles) or of the roof surface if a flat roof, to the deck line for mansard roofs, and to the mean height level of a single continuous roof line between eaves and ridges for gable, hip and gambrel roofs. However, at no time shall the foregoing definition permit the highest point of the building or structure attached to a building to exceed the maximum height by more than 10 feet. Uninhabitable scenery lofts, towers, cupolas, steeples and domes, collectively not exceeding in gross area, at maximum horizontal section, 30 percent of the roof area, flagpoles, airplane beacons, broadcasting towers, antennas, chimneys, stacks, tanks, elevator or stair bulkheads and roof structures used only for ornamental or mechanical purposes, need not be included in measuring the height of a building or structure. Parapet walls may extend not more than 5 feet above the allowable height of a building.

"Heliport" shall mean an area, either at ground level or elevated on a structure, that is used for the landing and takeoff of helicopters, operated in whole or part as a commercial or business enterprise, where a fee or charge is made for the services available, and which may include some or all of the facilities relative to helicopter operation, including helicopter parking, waiting room, fueling facilities and equipment for the operation of helicopters.

"Helistop" shall mean a minimum facility heliport, either at ground level or elevated on a structure, without those auxiliary facilities which are customarily available at a heliport, and which is not operated as a commercial or business enterprise, there being no fees or charges for any service in connection therewith; the purpose of such facility being intended primarily for the use and benefit of the private property owner on whose property the landing facility is located.

"Home-based business" shall mean any business, as defined in section 8-1, that is conducted within an approved dwelling unit, including related activities on the property (where allowed).

"Hotel" shall mean a building, or part thereof, in which sleeping accommodations are offered to the public, with no cooking facilities for use by the occupants, and in which there is a public dining room for the convenience of the guests. Access to the sleeping rooms shall be through an inside lobby or office.

"Instructional school" shall mean a premises or site upon which a business offers instruction for gymnastics, martial arts, dance, or any other similar skill activities.

"Junkyard" shall mean a place, structure or lot where junk, waste, discarded, salvaged or similar materials such as old metal, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc., are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, used lumberyards, housewrecking yards and yards or places for storage or handling salvaged housewrecking and structural steel materials and equipment. This definition shall not include pawnshops and establishments for the sale, purchase or storage of usable secondhand cars, salvaged machinery, used furniture, radios, stoves, refrigerators or similar household goods and appliances. Nor shall it apply to the processing of used, discarded or salvaged materials as part of manufacturing operations.

"Lap dance" or "lap dancing" also known as a "straddle dance," "face dance," "friction dancing," or "flash dance," shall mean the use by an employee, whether clothed or partially or totally nude, of a part of his or her body to touch, massage, rub, stroke, caress, or fondle the genital or pubic area of a person while at the establishment, or the touching of the genital or pubic area of an employee by a person while at the establishment. It shall be a "lap dance" regardless of whether the "touch" or "touching" occurs while the employee is displaying or exposing a specified anatomical area. It shall also be a "lap dance" regardless of whether the "touch" or "touching" is direct or through a medium. However, incidental touching shall not constitute lap dancing.

"Large-scale indoor commercial recreation" shall mean a use with a minimum of 25,000 indoor square feet primarily devoted to providing recreational opportunities to the general public, including, but not limited to, skating rinks, arcades, bowling alleys and similar participatory recreational activities. Large-scale indoor commercial recreation may contain accessory uses that are consistent with the provision of recreational opportunities to the general public, such as, but not limited to, food and beverage sales, equipment rentals, and administrative offices.

"Lodginghouse" shall mean a building, or part thereof, other than a motel or hotel, where sleeping accommodations are provided for hire more or less transiently, without provisions for cooking by guests or for meals for guests.

"Massage establishment" shall mean any place of business or establishment wherein all or any 1 or more of the following names, subjects and methods of treatment are administered or practiced: Body massage, either by hand or by any mechanical or electrical apparatus or device (excluding fever therapy), applying such movements as stroking, friction, rolling, vibration, kneading, cupping, petrissage, rubbing, effleurage, or tapotement. However, nothing in this article shall be construed as applying to state licensed massage therapists, barbers, cosmetologists, manicurists, pedicurists, occupational therapists, physical therapists, midwives, practical nurses, agents, servants or employees in licensed hospitals, nursing homes or other licensed medical institutions, physicians, osteopaths, chiropractors, podiatrists, naturopathic physicians or other licensed medical practitioners, or their agents, servants or employees acting in the course of such agency, service or employment under the supervision of the licensee. Also, the term "massage establishment" shall not apply to any massage establishment wherein at least 50 percent of the employees on duty full time during the hours that the establishment is open for business are state licensed massage therapists or other licensed professionals listed in the preceding sentence.

"Maximum allowable density" shall mean the number of dwelling units allowed on a parcel of land based upon the gross, overall area of the parcel without any consideration for land areas required for road rights-of-way, easements and other nonresidential uses. However, in using gross area to compute allowable dwelling units, the overall area of the parcel shall be adjusted by subtracting the area of any subparcel of unbuildable or submerged lands. In computing the maximum allowable density for any parcel, any fractional dwelling count shall be equal to 0 dwelling units.

"Medical marijuana treatment center dispensing facility" shall mean an organization, entity or individual engaged in dispensing, or administering marijuana, or products containing marijuana, for medical purposes as regulated pursuant to F.S. § 381.986.

"Mobile food dispensing vehicle" shall mean any vehicle as defined in F.S. § 509.102, and shall also mean any vehicle excluded from the definition of a "public food service establishment" pursuant to F.S. § 509.013(5)(b).

"Mobility circulation system" means an interconnected network of streets, roads, transit facilities, driveways, alleys, sidewalks, and paths which provide for multiple modes of travel and are supported by pedestrian and bicycle-oriented environments, conspicuous wayfinding and orientation information, and connectivity to regional transportation service by at least 1 mode other than a single-occupancy vehicle.

"Mobility improvements" means the implementation of planned mobility strategies within the PMD.

"Mobility infrastructure" means the infrastructure within a planning area of the city which contributes to and promotes mobility, in general, and in particular those infrastructure improvements set forth in the transportation and capital improvement elements of the comprehensive plan and designated for mobility and to improve the quality of service.

"Motel" shall mean a building, or part thereof, in which sleeping or living accommodations are offered on a short-term or transient basis. The term shall include but shall not be limited to any building, or part thereof, in which the right of use or occupancy of any unit circulates among various occupants for specific periods of time less than a full year during any given year, but not necessarily for consecutive years, in accordance with a fixed time schedule on a periodically recurring basis extending for more than 1 year. The determination that a building, or part thereof, is a motel shall be made without regard to the form of ownership of the property or of units therein, and it shall be immaterial whether the right of use or occupancy is derived from a leasehold or fee interest.

"Neighborhood serving retail" means retail sales and services of a character that principally serves the daily needs of PMD residents and/or employees, including, but not limited to, delicatessens, dry cleaning and laundry pickup and drop-off service centers (without on-premises garment processing), beauty salons, barbershops, coffee shops, bakeries, nail salons, bookshops, drug stores, tailors, newsstands, restaurants, and retail pharmacies and medical marijuana treatment center dispensing facilities (which retail pharmacies and medical marijuana treatment center dispensing facilities shall be subject to the requirements and limitations set forth in section 28-1312).

"Nonconforming use" shall mean the use of a structure or premises, existing on February 28, 1956, for any purpose not permitted for a new use in the district in which it is located.

"Nursing home" shall mean a building, or portion thereof, wherein for compensation care is provided for persons in some state of chronic illness requiring domiciliary care in addition to nursing care.

"Occupied" shall include arranged, designed, built, altered, converted to, rented or leased, or intended to be occupied.

"Operator" or "manager" shall mean a person who engages or participates in an activity that is necessary to or that facilitates the operation of a sexually oriented business, including but not limited to the licensee, manager, owner, doorman, bouncer, bartender, dancer, disc jockey, sales clerk, ticket taker, movie projectionist, or supervisor. The term is not meant to include repair people, janitorial personnel or the like who are only indirectly involved in facilitating the operation of the adult entertainment establishment.

"Outpatient surgery center" shall mean a health care facility where same-day surgical, emergency room, and urgent care procedures not requiring an overnight hospital stay are performed.

"Parking" shall mean the temporary, transient storage of private passenger automobiles used for personal transportation, while the operators are engaged in other activities. It shall not include storage of new or used cars for sale, service, rental or any other purpose other than specified above.

"Parking structure" shall mean a covered structure or a portion of a covered structure composed of 1 or more levels or floors used exclusively for the parking or storage of motor vehicles, and that does not meet the definition of a "garage". A parking structure may be totally below grade (as in an underground parking structure) or either partially or totally above grade with those levels being either open or enclosed. A structure that is accessory to a house, attached house, duplex, and townhome is a garage and is not included as a parking structure.

"Patron" shall mean any natural person other than an employee, operator, licensee, or governmental officer while such persons are performing duties pursuant to this Code or other law.

"Person" shall include, but is not limited to, an individual, firm, association, joint venture, partnership, estate(s), trust, business trust, syndicate, fiduciary, corporation, and other similar entities.

"Personal service shop" shall mean any retail establishment providing services to the human body including, but not necessarily limited to, barbershops, beauty shops and massage establishments.

"Pharmacy" shall mean any pharmacy licensed or subject to a permit pursuant to F.S. Ch. 465. For purposes of this chapter, the term "pharmacy" shall include a "retail pharmacy," which shall mean any pharmacy that fills prescriptions and dispenses medical drugs on an outpatient basis to retail customers; provided, however, a "retail pharmacy" shall not include a pharmacy that is accessory or incidental to the operation of a hospital, assisted living facility, convalescent home or nursing home (and is located within such facility). Any use that does not qualify as a retail pharmacy, but which is licensed under F.S. Ch. 465 as a pharmacy, is regulated under this chapter based upon the business and operational characteristics of such use (such as industrial, manufacturing, commercial, etc.), and in a manner comparable to similar uses, as determined by the city manager, or designee.

"Places of public assembly" shall mean any area, building or structure where people assemble for a common purpose, such as social, cultural, recreational and/or religious purposes, whether owned and/or maintained by a for-profit or not-for-profit entity, and includes, but is not limited to, public assembly buildings such as auditoriums, theaters, halls, private clubs and fraternal lodges, assembly halls, exhibition halls, convention centers, and places of worship, or other areas, buildings or structures that are used for religious purposes or assembly by persons.

"Places of worship" shall mean any area, building or structure where people assemble for religious purposes.

"Planned mobility development" means a project developed and approved pursuant to chapter 28, article XVII, division 8. The letters "PMD" shall refer to a planned mobility development. The letters "PMD" shall generally refer to a master plan or site plan approved pursuant to said division 8.

"Planned mobility strategies" means the use of infrastructure and design that mitigates daily vehicle trips and vehicle miles traveled, such as, but not limited to, multiple/mixed use development, diverse and complementary uses, a mobility circulation system, sharing of off street parking facilities, compliance with section 23-243, transportation demand management, dedication of rights-of-way for mobility infrastructure in specific planning areas, construction of mobility infrastructure in specific planning areas, and payment of fees in lieu of dedication or construction.

"Plot" shall mean land occupied or to be occupied by a building or use, and its accessory buildings and accessory uses, together with such yards and open spaces as are required by this chapter. A plot may consist of 1 or more or portions of a platted lot or unplatted land.

"Plot, corner," shall mean a plot of which at least 2 adjacent sides abut for their full length upon streets, provided that such 2 sides intersect at any interior angle of not more than 135 degrees. Where a plot is on a curve, if tangents through the intersections of the lot lines with the street lines make an interior angle of not more than 135 degrees, such a plot is a corner plot. In the case of a corner plot with a curved street line, the corner shall be considered to be that point on the street line nearest to the point of intersection of the tangents herein described.

"Plot, reversed corner," shall mean a corner plot the side street line of which is substantially a continuation of the front plot line of the first plot to its rear.

"Plot, waterfront," shall mean a plot fronting any body of water, including, but not limited to, lakes, canals or the Intracoastal Waterway.

"Plot line, front," shall mean, concerning subdivisions platted after June 30, 1967, the line dividing a plot from a street; concerning subdivisions platted before June 30, 1967, the line dividing a plot from a street. On a corner plot only 1 street line shall be considered as a front plot line for setback purposes. Provided, that for a plot which comprises more than 1 lot as subdivided on a plat officially recorded, all lots that are used as 1 plot, unless bounded on 2 opposite sides by streets, shall have only 1 front plot line extending across all lots fronting on that street.

"Plot line, interior," shall mean any plot line that does not abut a street, alley or body of water.

"Plot line, rear," shall mean the plot line opposite the front plot line.

"Plot line, side," shall mean, concerning subdivisions platted after June 30, 1967, the line bounding a plot which extends from the street towards the rear in a direction approximately perpendicular to the street. In the case of corner plots or through plots, all lines extending from the streets shall be considered side plot lines. Concerning subdivisions platted before June 30, 1967, "side plot line" shall mean any plot line other than the front or rear plot line.

"Private performance" shall mean the display or exposure of any specified anatomical area by an employee of an adult entertainment establishment to a person other than another employee while the person is in an area not accessible during such display to all other persons in the establishment.

"Public utility" shall mean any agency, private or public, duly authorized to furnish the public, under governmental regulation, electricity, gas, steam, telephone, telegraph, water or similar public services.

"Qualifying non-student" shall mean any individual who has not attained the age of 18 years and domiciled with, and in the legal custody of a qualifying student; and shall mean any individual who has not attained the age of 18 years, is domiciled with a qualifying student, and qualifies under the definition of "familial status" described in 42 U.S.C. § 3602.

"Qualifying student" shall mean an individual who has been accepted for enrollment or is enrolled fulltime in and attends Florida Atlantic University, Lynn University or Palm Beach State College in a 4-year degree program through, at least in part, on-campus classroom or laboratory instruction.

"Quality of service" means a measure of operations of a transportation service or facility that is based on qualitative criteria regarding users' perceptions of the non-automotive characteristics, chiefly safety and comfort, rather than the number of vehicles using a roadway.

"Rear loaded garage" shall mean a garage, attached to, or a portion of, the residential dwelling unit, where the vehicle-access entryway is oriented between 150 to 210 degrees away from: (i) the front yard of the property; or (ii) in the case of property containing multiple dwelling units, the front entrance of the individual dwelling unit (where the front entrance shall face upon the primary pedestrian access way, as determined by the city manager or designee).

"Rear loaded unit" shall mean a residential dwelling unit with a rear loaded garage, where such rear loaded garage services a single unit and where no driveway exists at the front of the unit.

"Regional transportation service" means a facility providing public transit service (including but not limited to rail, bus, or shuttle services) to more than 1 local government jurisdiction, which includes at least 1 link that crosses a jurisdictional boundary, and which is part of a transit system that has a service area that extends more than 6 miles.

"Regulated use" or "adult entertainment establishment" includes, but is not limited to, the following:

(1)

Adult bookstore/adult novelty store/adult video store;

(2)

Adult dancing establishment;

(3)

Adult domination/submission parlor;

(4)

Adult motel;

(5)

Adult motion picture theater;

(6)

Encounter studio/modeling studio;

(7)

Massage establishment;

(8)

Any bookstore, video store, motion picture theater, motel/hotel, dancing establishment, massage establishment, or photo or modeling studio:

(a)

That includes the word "adult" in its name; or

(b)

Where an employee, operator, or owner exposes his or her specified anatomical area for viewing by patrons; or

(c)

Which exposes material to minors that may not be exposed to minors under F.S. ch. 847, Florida Statutes, shall be considered a regulated use.

"Resident," for the purposes of the definition of "community residential home," shall mean and may include any of the following:

(1)

An aged person as defined in F.S. § 400.618(3);

(2)

A physically disabled or handicapped person as defined in F.S. § 760.22(7)(a);

(3)

A developmentally disabled person as defined in F.S. § 393.063(11);

(4)

A nondangerous mentally ill person as defined in F.S. § 394.455(3); or

(5)

A child as defined in F.S. § 39.01(8) and (10).

"Restaurant" shall mean any establishment where food or drink is prepared or served to the public for on-premises consumption. The term "food" shall include beverages other than alcoholic beverages.

"Drive-in restaurant" shall mean a restaurant at which special provisions are made to permit patrons, while remaining in their vehicles, to obtain food or drink, either at a pickup window or by virtue of an employee of the restaurant obtaining orders from private motor vehicles and returning the food and drink to the motor vehicles.

"School" shall mean a premises or site upon which there is a day care center, nursery school, pre-kindergarten, elementary school, middle school, high school; professional institution, or an institution of higher education, including a community college, junior college, or 4-year college or university; libraries, art galleries and museums open to the public; or special institution of learning.

"Social service activities" shall mean the administration of any community-oriented service including offices, meetings, storage, library and similar administrative uses. It shall not mean any social service activities, including without limitation, substance rehabilitation services, counseling activities and services, shelters for the homeless or abused, food/meal distribution for the needy, job training, and teen oriented programs.

"Specialty storage" shall mean a storage facility for collectibles and corporate/business records that is climate controlled and located in a building that is accessible by 1 main entry (interior access only for storage units) for the public with onsite administration, handling and inventory management. During all days and times that the facility is open to the public, a facility employee shall be onsite to operate and manage the facility and assist with customer needs. Any storage of wine is limited to the collection of wine in the unopened original container. There shall be no consumption or use of wine in the facility.

"Specified anatomical areas" shall mean:

(1)

Less than completely and opaquely covered:

(a)

Human genitals and pubic region; or

(b)

Cleavage of the human buttocks; or

(c)

That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola, including the areola; this definition shall include the entire lower portion of the human female breast, but shall not include a portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not so exposed; and

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

"Specified criminal offense" shall mean:

(1)

A conviction under F.S. § 60.05 (Nuisance Abatement);

(2)

A conviction under F.S. ch. 480 (Massage Practice);

(3)

A conviction under F.S. ch. 561 (Beverage Law: Administration) or F.S. ch. 562 (Beverage Law: Enforcement); or

(4)

A judgment against or conviction under F.S. ch. 823 (Public Nuisances).

"Specified sexual activities" shall mean:

(1)

Human genitals in a state of sexual stimulation, arousal, or tumescence; or

(2)

Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellatio, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sexual intercourse or sodomy; or

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breast; or

(4)

Excretory functions as part of or in connection with the activities set forth in subsections (1)—(3).

"Street" shall mean a public thoroughfare or private right-of-way or easement of public record which affords a principal means of access to abutting property, and including avenues, boulevards, courts, terraces, ways, lanes and the like.

"Structure" shall mean anything constructed or erected with a fixed location on the ground (or attached to something with a fixed location on the ground), including, but not limited to, buildings, walls, fences, signs, light poles and towers.

"Student household" shall mean a housekeeping unit comprised of qualifying students. The term "student household" may include qualifying non-students.

"Student housing" shall mean housing that is specifically designed for student households. Student housing may contain accessory uses that are consistent with student housing, such as cafes, coffee shops, laundry services, food shops and residence staff housing (no more than 6 percent of the student housing units in the student housing facility may be occupied by resident staff). It is the city's intent that student housing represents a unique residential type differing in essential characteristics from the city's residential classifications/districts and the city's residential regulations.

"Student housing facility" shall mean a permanent building or buildings, or any portion thereof, used for student housing which consists of suites that contain no more than 4 student sleeping rooms along with a single common living area, laundry room and kitchen.

"Student sleeping room" shall mean a room that is part of a student housing facility, which contains 1 bed, 1 private closet, and 1 private bathroom; provided, however, a "student sleeping room" may contain more than 1 bed if the room is occupied by qualifying non-students.

"Substance abuse treatment facility" shall mean a service provider or facility that is licensed or required to be licensed pursuant to F.S. ch. 397, pt. II, and that provides substance abuse services through 1 or more licensed service components, including, but not limited to, substance abuse prevention, intervention, and clinical treatment services. The term "substance abuse treatment facility" shall not include a "community residential home" which is defined in, and regulated by, section 28-1304, City Code, and F.S. § 419.001.

"Telecom web-hosting facility" shall mean a telecommunications use that is characterized by large areas dedicated exclusively to computer server use and related electronic and mechanical equipment. A telecom web-hosting facility shall primarily serve off-site users or customers.

"Tourist home" shall mean a building, or part thereof, other than a motel or hotel, where sleeping accommodations are provided for transient guests, with or without meals, and which also serves as the residence of the operator.

"Trailer park" shall mean a place or area for use by occupied house trailers and their appurtenances, including sanitary service and social facilities, and the parking of automobiles of the occupants.

"Unbuildable land" shall mean that land which is deemed unusable as a site for 1 or more residential, commercial or other type buildings when considering the building code, zoning code and engineering standards that apply to both the desired building type and land site.

"Use" shall mean the purpose for which land or a building thereon is designed, arranged or intended, to be occupied or used, or for which it is occupied or maintained.

"Use of land" shall include use of water surface and land under water to the extent covered by zoning districts, and over which the city has jurisdiction.

"Used" shall include arranged, designed or intended to be used.

"Vending machine" shall mean an unattended apparatus which automatically dispenses a product or service when actuated by money, or some mechanical device.

"Wholesale use" shall mean the use of land for the sale of tangible personal property to any person for resale or for further processing, manufacture, assembly, or conversion into articles of tangible personal property for sale. Wholesale uses are characterized generally by not attracting the general public as customers, by doing a substantial majority of the sales business with other businesses and by sales in quantity. The holding of a retail sales license shall not solely characterize an establishment as retail.

"Width of plot" shall mean:

(a)

Standard. The required minimum width of plot shall be measured at the depth of the required front yard.

(b)

Cul-de-sac plots. Plots on a cul-de-sac shall be of such size and shape so as to yield a building lot equal to or larger in area than the minimum sized rectangular lots as required by the zoning district in which they are located.

"Yard" shall mean a space open and unobstructed from the ground to the sky, except by encroachments specifically permitted in this chapter (including, but not limited to, by the provisions of article XV, division 3), on the same plot with a structure or use. Yard measurements shall be the minimum horizontal distances.

"Yard, additional," shall mean the yard required between the minimum yard and a building or structure, which yard is required because of the height or length of the building or structure.

"Yard, front," shall mean a yard extending across the full width of the plot between the front plot line and the nearest line of any building on the plot.

"Yard, minimum," shall mean the yard required by the applicable zoning district regulations and/or the regulations set forth in section 28-304, and including any special setback areas pursuant to article XV, division 10, but shall not include any additional yard.

"Yard, rear," shall mean a yard extending across the full width of the plot between the rear plot line and nearest line of the main building.

"Yard, required," shall mean the total yard required by the provisions of this chapter, including both the minimum yard and the additional yard, where applicable.

"Yard, side," shall mean a yard extending from the front yard to the rear yard, between the side plot line and the nearest line of any building on the plot.

(Ord. No. 253, § 2, 2-28-56; Ord. No. 306, § 1, 1-14-58; Ord. No. 308, § 1, 1-14-58; Ord. No. 387, § 2, 5-26-59; Ord. No. 566, 8-23-60; Ord. No. 883, § 1, 7-21-64; Ord. No. 897, § 1, 8-11-64; Ord. No. 954, § 1, 2-23-65; Ord. No. 967, § 1, 5-11-65; Ord. No. 1177, § 1, 12-6-66; Ord. No. 1204, § 2, 2-28-67; Ord. No. 1225, § 1, 6-20-67; Ord. No. 1243, § 1, 8-22-67; Ord. No. 1542, § 1, 5-18-71; Ord. No. 1598, § 1, 9-14-71; Ord. No. 1599, § 1, 9-14-71; Ord. No. 1636, § 1, 2-8-72; Ord. No. 1668, § 1, 6-13-72; Ord. No. 2205, § 1, 1-27-76; Ord. No. 2278, § 1, 5-25-76; Ord. No. 2457, § 1, 4-18-78; Ord. No. 2484, § 3, 9-26-78; Ord. No. 2558, § 1, 11-14-78; Ord. No. 2562, § 1, 11-28-78; Ord. No. 2639, § 5, 9-25-79; Ord. No. 2824, § 1, 11-5-80; Ord. No. 2879, § 1, 1-13-81; Ord. No. 2947, § 1, 5-12-81; Ord. No. 2953, § 1, 4-28-81; Ord. No. 2921, § 1, 6-9-81; Ord. No. 2970, § 1, 8-11-81; Ord. No. 3117, § 1, 7-27-82; Ord. No. 3351, § 1, 9-25-84; Ord. No. 3581, § 1, 10-14-86; Ord. No. 3705, §§ 1-4, 7-26-88; Ord. No. 3917, § 1, 5-14-91; Ord. No. 3934, § 1, 7-9-91; Ord. No. 4122, § 60, 9-28-93; Ord. No. 4127, § 1, 11-9-93; Ord. No. 4170, § 27, 9-27-94; Ord. No. 4232, § 1, 7-25-95; Ord. No. 4290, § 1, 10-29-96; Ord. No. 4529, § 1, 9-7-00; Ord. No. 4624, § 1, 1-8-02; Ord. No. 4637, § 1, 4-23-02; Ord. No. 4649, § 1, 5-29-02; Ord. No. 4701, § 1, 4-8-03; Ord. No. 4710, § 1, 6-10-03; Ord. No. 4882, § 1, 8-9-05; Ord. No. 5030, § 13, 4-8-08; Ord. 5040, § 1, 9-9-08; Ord. No. 5193, § 4, 1-24-12; Ord. No. 5225, § 1, 12-11-12; Ord. No. 5302, § 1, 4-28-15; Ord. No. 5377, § 1, 2-28-17; Ord. No. 5378, § 2, 2-14-17; Ord. No. 5392, § 1, 5-23-17; Ord. No. 5401, § 2, 9-26-17; Ord. No. 5415, § 2, 10-24-17; Ord. No. 5421, § 1, 11-14-17; Ord. No. 5437, § 3, 1-23-18; Ord. No. 5470, § 1, 10-10-18; Ord. No. 5487, § 1, 6-11-19; Ord. No. 5513, § 1, 2-11-20; Ord. No. 5518, § 1, 5-27-20; Ord. No. 5524, § 1, 8-25-20; Ord. No. 5540, § 2, 9-22-20; Ord. No. 5558, § 1, 2-9-21; Ord. No. 5615, § 1, 7-26-22; Ord. No. 5636, § 1, 12-13-22; Ord. No. 5661, § 1, 9-27-23; Ord. No. 5660, § 1, 10-11-23; Ord. No. 5677, § 1, 10-24-23; Ord. No. 5682, § 1, 2-27-24; Ord. No. 5698, § 2, 8-27-24)

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

Case law reference—The city was enjoined from enforcing Section (2) of the definition of "Substance abuse treatment facility" by Jeffrey O. v. City of Boca Raton, 511 F. Supp. 2d 1339 (S. D. Fla. 2007).

(1)

The comprehensive plan of this chapter is for the purpose of promoting public health, safety, morals, convenience, comfort, amenities, prosperity, order, appearance and general welfare of the community and of a wholesome, serviceable and attractive municipality, by having regulations and restrictions that increase the safety and security of home life; that preserve and create a more favorable environment in which to rear children; that develop permanent good citizenship; that stabilize and enhance property and civic values; that provide for a more uniformly just and land-use pattern and tax assessment basis; that facilitate adequate provisions for increased safety in traffic and for transportation, vehicular parking, parks, parkways, recreation, schools, public buildings, housing, light, air, water supply, sewage, sanitation, and other public requirement; that lessen congestion, disorder and danger which often inhere in unregulated municipal development; that prevent overcrowding of land and undue concentration of population; and that provide more reasonable and serviceable means and methods of protecting and safeguarding the economic structure upon which the good of all depends.

(2)

In order to more effectively protect and promote the general welfare and to accomplish the aims and purposes of this comprehensive plan, the city is divided into districts of such number, shape and area, and of such common unity of purpose, adaptability or use, that are deemed most suitable to provide for the best general civic use, protect the common rights and interests within each district, preserve the general rights and interests of all, and to promote improved wholesome, sightly, harmonious and economic results in civic service, activities and operations; and by further regulations to limit the location, uses and occupancy of buildings, structures and land to be used for trade, industry, residence or other purposes, and also the location, height, bulk, occupancy and uses of buildings and other structures, including the percentage of plot occupancy and coverage, street setback lines, sizes of yards and other open spaces.

(3)

The provisions of this chapter shall be construed as follows: in the event a particular use, term or activity is defined, described or utilized in a manner that generally contains or references substantially similar essential components and/or parameters of a statutorily defined use, term or activity under federal and/or state law (as determined by the city manager or designee), such use, term or activity shall be interpreted and applied in accordance with, deemed consistent with, and comply with, both the requirements of this chapter, and all applicable statutory requirements under federal and/or state law, including but not limited to any licensure requirements.

(Ord. No. 253, § 1, 2-28-56; Ord. No. 2132, § 1, 4-22-75; Ord. No. 5487, § 2, 6-11-19)

Whenever any provision of this chapter imposes more stringent requirements, regulations, restrictions, or limitations that are imposed or required by the provisions of any other law or ordinance, the provisions of this chapter shall govern.

(Ord. No. 253, § 3.1, 2-28-56)

No building or structure, or part thereof, shall be erected, constructed, reconstructed or altered, and maintained, and no existing use, new use or change of use shall be made or continued of any building, structure, or land, or part thereof, except in conformity with the provisions of this chapter.

(Ord. No. 253, § 3.2, 2-28-56)

Any building or structure for which a lawful building permit has been issued, and the construction of which has been started, may be completed and used in accordance with the plans and application on which the building permit was granted.

(Ord. No. 253, § 3.3, 2-28-56)

(1)

Requests for reasonable accommodation by individuals with disabilities and qualifying operators. This section implements the policy of the City of Boca Raton for processing and considering requests for reasonable accommodation to its zoning and land use ordinances, rules, policies, practices and/or procedures for persons with disabilities as provided by the federal Fair Housing Amendments Act (42 U.S.C. 3601 et seq.) ("FHA") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131 et seq.) ("ADA"). For purposes of this section, an individual/person is "disabled" if he/she qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person who is disabled (or any "qualifying operator") may request a reasonable accommodation with respect to the city's land use or zoning laws, rules, policies, practices and/or procedures as provided by the FHA and the ADA pursuant to the procedures and standards set out in this section. A "disabled individual" shall mean an individual who is disabled and is seeking an accommodation on his/her own behalf or for their own benefit, and a "qualifying operator" shall mean any operator of a facility or residence that meets applicable local, state and federal rules and regulations to provide services and/or housing to disabled individuals, and that may request a reasonable accommodation on behalf of such disabled individuals.

(2)

Submission of request for reasonable accommodation. A request for reasonable accommodation under this section shall be made in writing by completion of a reasonable accommodation request form, which form is maintained by (and shall be submitted to) the development services department. The reasonable accommodation form shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request. The reasonable accommodation request form shall be substantially in the form set forth in subsection (11).

(3)

Confidentiality of medical information or records. Should information provided to the city by the disabled individual or qualifying operator include any medical information or records, including records indicating the medical condition, diagnosis or medical history of a disabled individual, such individual or qualifying operator may, at the time of submitting such medical information, request that the city, to the extent allowed by law, treat such medical information as confidential information of the disabled individual. The city shall thereafter endeavor to provide written notice to the disabled individual or qualifying operator (and/or their representative) of any request received by the city for disclosure of the medical information or records which the disabled individual or qualifying operator has previously requested be treated as confidential by the city. The city will defer to the disabled individual or qualifying operator, to the extent allowed by law, in actions initiated by such individual or qualifying operator to oppose the disclosure of such medical information or records, but the city shall have no obligation to initiate, prosecute or pursue any such action, or to incur any legal or other expenses (whether by retention of outside counsel or allocation of internal resources) in connection therewith, and may comply with any judicial order without prior notice to the disabled individual or qualifying operator. Notwithstanding, the foregoing shall not limit the city's ability to request and review information and documentation relevant to a disabled individual or qualifying operator's eligibility for a reasonable accommodation as set forth in subsection (5).

(4)

Processing of request for reasonable accommodation; request by city for additional information. The city manager, or designee, shall have the authority to consider and act on requests for reasonable accommodation, after notice and public hearing to receive comments, input and information from the public. When a reasonable accommodation request form has been completed and submitted to the development services department, it will be referred to the city manager, or designee, for review and consideration. The city manager, or designee, shall issue a written determination within 45 days of the date of receipt of a completed application. If reasonably necessary to reach a determination on the request for reasonable accommodation, the city manager, or designee, may, prior to the end of said 45-day period, request additional information from the disabled individual or qualifying operator, specifying in sufficient detail what information is required. The disabled individual or qualifying operator shall have 15 days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the 45-day period to issue a written determination shall no longer be applicable, and the city manager, or designee, shall issue a written determination within 30 days after receipt of the additional information. If the disabled individual or qualifying operator fails to provide the requested additional information within said 15-day period, the city manager, or designee, shall issue a written notice advising that the disabled individual or qualifying operator failed to timely submit the additional information, and therefore the request for reasonable accommodation shall be deemed abandoned and/or withdrawn and no further action by the city with regard to said reasonable accommodation request shall be required. The time periods specified herein may be extended by the mutual agreement of the city and the disabled individual or qualifying operator, with such extension confirmed in writing.

(5)

Consideration of request for reasonable accommodation. In connection with a request for reasonable accommodation, the city manager, or designee, shall consider, among other relevant factors, the following:

(a)

Establishment of handicap or disability. The disabled individual or qualifying operator shall establish that they (or the disabled individual on whose behalf the request is made) are handicapped or disabled, as defined in the FHA and/or ADA, and therefore entitled to protection under the FHA and/or ADA. Although the definition of disability or handicap is subject to judicial interpretation, for purposes of this section, the disabled individual or qualifying operator must demonstrate:

1.

A physical or mental impairment which substantially limits 1 or more major life activities;

2.

A record of having such impairment; or

3.

That they (or the disabled individual on whose behalf the request is made) are regarded as having such impairment.

(b)

Eligibility of qualifying operators. If a request for reasonable accommodation is submitted by an operator of a facility or residence that provides services and/or housing to disabled individuals, the operator shall be required to establish that the operator is qualified to provide such services and/or housing to disabled individuals. An operator may establish its qualification by demonstrating that:

1.

The operator is licensed or certified by the State of Florida to provide the service or operate the subject facility or residence; or

2.

If the request for reasonable accommodation is with regard to housing within a "recovery residence" as defined in F.S. § 397.311, or any other form of group housing that provides a peer-supported, alcohol-free, and drug-free living environment, the operator shall provide evidence that the operator is certified by the Florida Association of Recovery Residences, National Alliance for Recovery Residences, or other similar nationally recognized accrediting agency for recovery residences; or

3.

In the event an operator does not qualify for 1 of the above-referenced licensures or certifications, the operator may, notwithstanding, establish its qualification by providing evidence that the operator has reasonable measures in place to protect and benefit disabled individuals.

(c)

Demonstration that requested accommodation is both reasonable and necessary. The disabled individual or qualifying operator shall demonstrate that the requested accommodation is both reasonable and necessary (as interpreted by the courts) and, if the request is with regard to housing, reasonable and necessary to afford the disabled individual an equal opportunity to use and enjoy the housing that is the subject of the request, including the following factors:

1.

Therapeutic necessity. The disabled individual or qualifying operator shall demonstrate that the proposed accommodation is therapeutically necessary and actually alleviates the effects of a handicap or disability. If the accommodation does not directly ameliorate the effects of a handicap or disability (or if the request exceeds the demonstrated need), then the accommodation shall not be deemed therapeutically necessary. Further, the disabled individual or qualifying operator shall demonstrate that the specific accommodation request constitutes the minimum necessary accommodation to achieve the stated therapeutic purposes. Lastly, if the request for reasonable accommodation is with regard to housing, the disabled individual or qualifying operator shall provide a site-specific assessment with regard to the particular property for which the accommodation is requested. General statements of therapeutic necessity shall not be sufficient to satisfy the requirements of this subsection.

2.

Fundamental alteration. The disabled individual or qualifying operator shall demonstrate that the proposed accommodation does not constitute a fundamental alteration of the city's zoning scheme and/or other city programs/policies. An accommodation amounts to a fundamental alteration if it would eliminate an essential aspect of the relevant Code provision or policy. Factors to be considered in determining whether the proposed accommodation would result in a fundamental alteration of the city's zoning scheme include, but are not limited to, whether the accommodation is:

a.

Compatible with surrounding uses and structures in the zoning district; and

b.

Substantially similar to surrounding uses and structures expressly permitted in the zoning district.

A disabled individual or qualifying operator shall not be entitled to a reasonable accommodation if the requested accommodation is incompatible with surrounding uses and structures in the zoning district, is not substantially similar to surrounding uses and structures expressly permitted in the zoning district, and the city has not otherwise routinely waived the applicable ordinance, rule, policy, practice or procedure.

3.

Undue financial or administrative burden. The disabled individual or qualifying operator shall demonstrate that the proposed accommodation does not impose an undue financial or administrative burden on the city.

4.

Over-concentration of recovery residences. If the request for reasonable accommodation is with regard to housing described in subsection (5)(b)2, the qualifying operator shall demonstrate that the proposed accommodation will not result in an over-concentration of such housing located in close proximity.

5.

Economic viability. There is a limited alternative to the establishment of therapeutic necessity in accordance with subsection (5)(c)1, based upon economic viability. Although difficult to establish, to qualify under this limited alternative the disabled individual or qualifying operator shall present documentation, reports, data, statistics and/or other objective evidence specifically demonstrating that the requested accommodation is necessary for the continued economic viability of the facility, residence or operator, as applicable. Underscoring the limited nature of this alternative, the following shall not be sufficient to establish that the proposed accommodation is necessary for continued economic viability:

a.

A decrease in the share of expenses and costs allocated per individual;

b.

An increase in income or economic advantage to the disabled individual or qualifying operator; or

c.

A generalized statement regarding economic viability that is not supported by objective evidence in accordance with this subsection.

Further, a qualifying operator shall be required to demonstrate that it could not continue to operate with a smaller facility or residence serving fewer disabled individuals.

(6)

Rendition of written determination on request for reasonable accommodation. The city manager, or designee, shall act on requests for reasonable accommodation, after notice and a public hearing; provided, however, the city manager or designee shall not be required to render a determination at the public hearing. The written determination on a request for reasonable accommodation shall be sent to the disabled individual or qualifying operator and shall include notification of the right to appeal the written determination to the city council. The city manager or designee may:

(a)

Grant the request for reasonable accommodation;

(b)

Grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request; or

(c)

Deny the request for accommodation.

Any denial of a request for accommodation, either in whole or in part, shall state the grounds therefor.

(7)

Appeal of written determination.

(a)

Appeal to the city council. A disabled individual or qualifying operator may appeal the written determination of the city manager or designee to the city council by filing such appeal with the city clerk no later than 30 days after the date of the written determination. All appeals shall contain a statement containing sufficient detail of the grounds for the appeal. Appeals shall be to the city council which shall, after public notice and a public hearing, render a decision on the appeal as soon as reasonably practicable, but in no event later than 60 days after the date on which the appeal was filed, except if extended by mutual agreement of the city and the disabled individual or qualifying operator, with such extension confirmed in writing. In any appeal pursuant to this section, the city council may consider both the record on appeal as well as such supplemental testimony and evidence presented to the city council in connection with the appeal and deemed relevant by the city council.

(b)

Appeal to court. A disabled individual or qualifying operator may appeal the decision of the city council by the filing of a petition for writ of certiorari in accordance with the Florida Rules of Appellate Procedure.

(8)

Waiver of fees and costs. There shall be no fee imposed by the city in connection with a request for reasonable accommodation under this section or an appeal to the city council, and the city shall have no obligation to pay a disabled individual or qualifying operator's attorneys' fees or costs (or any other fees or costs) in connection with the request, or appeal, as applicable

(9)

Code enforcement. No disabled individual or qualifying operator shall violate any ordinance, rule, policy, practice and/or procedure of the city until the disabled individual or qualifying operator has requested and obtained a reasonable accommodation. The city shall not be prohibited from enforcing its ordinances, rules, policies, practices and/or procedures in the event of a violation by a disabled individual or qualifying operator; provided, however, if a disabled individual or qualifying operator requests a reasonable accommodation, then any order of the special magistrate imposing a fine and/or costs, pursuant to section 2-121, shall only become effective if such request for accommodation has been denied or withdrawn.

(10)

General provisions. The following general provisions shall be applicable:

(a)

The development services department shall provide notice of any public hearing required pursuant this section as set forth in section 28-8.

(b)

The city shall display a notice in the city's public notice bulletin board (and shall maintain copies available for review in the development services department, the building permitting division, and the city clerk's office), advising the public that disabled individuals and qualifying operators may request reasonable accommodations as provided herein.

(c)

A disabled individual or qualifying operator may apply for a reasonable accommodation on the disabled individual or qualifying operator's own behalf or may be represented at all stages of the reasonable accommodation process by a person designated by the disabled individual or qualifying operator.

(d)

The city shall provide such assistance and accommodation as is required pursuant to FHA and ADA in connection with a disabled individual or qualifying operator's request for reasonable accommodation, including, without limitation, assistance with reading the requirements of this section, the application questions, responding to questions, completing the form, filing an appeal, and appearing at a public hearing, to ensure the reasonable accommodation process is accessible. However, nothing herein shall be construed to require the city to assist a disabled individual or qualifying operator in meeting its burden under the FHA and/or ADA in connection with a request for reasonable accommodation.

(e)

The contents of the city's official files regarding a request for reasonable accommodation (and other official files containing information regarding the request), including any documents presented and/or received at a public hearing, shall be deemed part of the record before the city without any action.

(f)

The development services department shall reject an application for a reasonable accommodation if a similar request by the disabled individual or qualifying operator has been considered by the city manager, or designee, and denied at any time within 12 calendar months immediately prior to the date the application is submitted.

(11)

Reasonable accommodation request form. A request for a reasonable accommodation shall be on a form prescribed by the city and shall contain, at a minimum, the following information:

(a)

Name of applicant: _____

Telephone number: _____

(b)

Address: _____

(c)

Address of housing or other location at which accommodation is requested if applicable: _____

_____

(d)

Describe qualifying disability or handicap:

_____

_____

_____

(e)

Describe the accommodation and the specific regulation(s) and or procedure(s) from which accommodation is sought:

_____

_____

_____

(f)

Describe the reasons the requested accommodation is reasonable and necessary for the individual(s) with disabilities, including in order to be afforded an equal opportunity to use and enjoy the housing or other service, in accordance with section 28-7, Code of Ordinances:

_____

_____

_____

(g)

Name address and telephone number of applicant's representative, if applicable:

_____

_____

(h)

Other information required by section 28-7 of the Code of Ordinances:

_____

_____

_____

(i)

Signature of disabled individual or qualifying operator, as applicable:

(Ord. No. 4975, § 1, 4-10-07; Ord. No. 5401, § 1, 9-26-17; Ord. No. 5600, § 14, 10-26-21)

The required notice for a public hearing in connection with a particular application or action is identified in Table 28-8. All notice requirements set forth in this section are supplemental to applicable notice requirements set forth in state law.

(a)

Publication. Where publication is required pursuant to Table 28-8, the City may cause such notice to be published in a newspaper of general circulation published in the City of Boca Raton, or in Palm Beach County, Florida, not less than 10 days prior to the date of the public hearing. Notice of public hearings shall not be provided unless and until a determination has been made by the development services director that an application is complete. Alternatively, in lieu of publication in a newspaper of general circulation, the city may satisfy its publication requirements electronically on the publicly accessible website of Palm Beach County as allowed by F.S. ch. 50, as may be amended from time to time, and the provisions of subsection (h)(1) and (2) below shall apply to such electronic publication.

(b)

Posting. Where posted notice is required pursuant to Table 28-8, the city shall cause a sign to be posted on the property subject to the application or action at least 10 days prior to the date of the public hearing, in a prominent location on the property and in a manner that is plainly visible from at least 1 abutting street. Placement of the sign by the city shall satisfy the posting requirement, regardless of whether the sign is subsequently removed by another party; provided, however, that the property owner shall not remove the sign, or cause the sign to be removed, prior to completion of any public hearing(s) noticed thereon.

(c)

Mailed notices. Where mailed notice is required pursuant to Table 28-8, the city shall cause such notice to be deposited in the mail, for delivery by first class U.S. mail, at least 10 days prior to the public hearing, addressed to all owners of record of properties within 500 feet of the property subject to the application or action (measured from the outer boundaries of such property in a straight line). The phrase "property owners of record" shall mean the property owners listed in the records of the Palm Beach County Property Appraiser.

(d)

Contents of notice. The notice shall state the location or address of the property subject to the application or action (where applicable); the nature of the application or action; the date(s), time(s) and place(s) that the public hearing(s) will take place; and the body (or bodies) that will hold the hearing(s). Where 2 or more public hearings will be held on the same application or action, notices for such public hearings may, at the option of the city, be combined.

(e)

Applicability to all public hearings. The notice requirements shall be applicable to all public hearings for the particular application or action before recommending bodies and bodies at which final action will be taken, including any appeal.

(f)

Costs of notice. The applicant (where applicable) for the application or action shall be responsible for the cost of all notices, except that in the case of appeal by a party other than the applicant, the appellant shall be responsible for the cost of all notices for the appeal.

Table 28-8

(g)

Transfer of authorized development. For applications for an IDA pursuant to Ordinance No. 4035, as amended, with a transfer of authorized development only: (i) in addition to mailed notice set forth in (c), mailed notice shall also be provided to all owners of record of properties in the subarea(s) from which the authorized development is to be transferred and owners of record of property within the subarea receiving the transfer, (ii) in addition to the contents required by (d), the notice shall also include the subarea designations and the amount of authorized development being transferred into or from the subarea along with the amount of authorized development remaining in the subareas, if approved.

(h)

When the city elects to publish an advertisement or public notice on a publicly accessible website consistent with F.S. ch. 50, the following shall apply to such electronic publication:

1.

A link to advertisements and public notices published on a publicly accessible website shall be conspicuously placed on the homepage of the city's official website. All advertisements and public notices published on a publicly accessible website as provided in this section shall be in searchable form and indicate the date on which the advertisement or public notice was first published on the website.

2.

The city shall provide an annual notice in a newspaper of general circulation or another publication, indicating that property owners and residents may receive legally required advertisements and public notices from the city by first-class mail or e-mail upon registration. The city shall maintain a registry of names, addresses, and e-mail addresses of property owners and residents who have requested in writing to receive legally required advertisements and public notices from the city by first-class mail or e-mail.

(Ord. No. 5600, § 1, 10-26-21; Ord. No. 5662, § 1, 9-12-23; Ord. No. 5685, § 1, 2-13-24; Ord. No. 5706, § 7, 10-22-24)

(1)

Applications for development approval shall be processed in accordance with the procedures and requirements set forth in this section, except where specifically provided otherwise in this Code. An application to amend a prior development approval shall be processed in the same manner as an application for a new development approval.

(2)

Applications for development approval shall be submitted on a form prescribed by the city and shall be accompanied by all applicable fees set forth in the municipal facilities and services user fee schedule. Applications shall include all information, plans, studies and documentation as required for each type of development approval sought, and any additional information as may be required by the development services director; provided, however, that where the development services director determines that particular information, plans, studies and/or documentation is unnecessary to the city's review of the particular application, the requirement to submit that item may be waived in writing by the director.

(3)

Upon receipt of an application for development approval, the department shall proceed as follows:

(a)

The department shall reject the application if a substantially similar request, as determined by the development services director, has been considered by the city and denied at any time within 1 year immediately prior to the date the application is filed. If such a denial was appealed or remains subject to any other judicial challenge, this 1-year period shall begin upon final disposition of any such appeal or other judicial challenge.

(b)

The department shall conduct an initial review for completeness. If the department determines that the application appears to be complete, the department shall proceed to a substantive review of the application as set forth below. If during the substantive review of the application, the department determines that additional plans, studies, information or similar materials are needed to properly review the application, then the application shall return to the completeness determination step. If at any time the department determines that the application is not complete, the department shall notify the applicant what application components or information have been found to be missing or deficient, whereupon the applicant shall provide such missing or deficient components and information within 30 days from such notification. If the applicant fails to provide such missing or deficient components and information within 30 days, the application shall be deemed to be abandoned. Fees and charges paid at the time of application shall be refunded, except that an administrative fee shall be retained, as provided in the municipal facilities and services user fee schedule.

(c)

In the event the development services director determines that an application is complete (subject to any subsequent determination that the application is not complete), the department shall conduct a substantive review of the application, which includes forwarding the application to other city departments and outside agencies for review and comment, as appropriate for the particular development approval sought. The purpose of the substantive review is to determine the application's compliance with the minimum technical requirements of this Code and other relevant requirements, its consistency with the comprehensive plan, and the sufficiency of the development in relation to its compliance with the intent of the Code and the comprehensive plan. The development services director may require that the application be presented for preliminary review and comments by the Community Appearance Board (CAB) or by any other relevant board or through any administrative process, or the applicant may voluntarily seek such review. The department shall provide its comments and the comments of any other city departments and outside agencies to the applicant and, once such comments are provided, the applicant shall provide any response and revised application components and/or information within 30 days. The department may, upon written request and justification by the applicant, grant not more than one 30-day extension for the submittal of responses and revised application components and/or information. This process shall be repeated for each subsequent resubmittal by the applicant. At the expiration of the 30-day period, or any extension thereof, the application shall automatically expire and become null and void. Fees and charges paid at the time of application shall be refunded, except that an administrative fee shall be retained by the city, as provided in the municipal facilities and services user fee schedule.

(d)

Upon the determination of the development services director that an application complies with all minimum technical requirements, the department shall process the application for final action according to the requirements set forth in this Code for the applicable type of development approval. The director's determination shall be based, among other things, on the application and other materials submitted by the applicant, and the director's review and analysis, planning expertise and experience, and exercise of professional and technical judgment regarding the application's compliance with the comprehensive plan, relevant code provisions, regulations, city practices, building code requirements, engineering standards, and all applicable laws. The director's determination is designed to ensure that proposed development will be consistent with the comprehensive plan and the intent of the code, and will be consistent with and protect the city's zoning plans, districts, policies and regulations. The director's determination shall in no way restrict the city from making a subsequent determination that the application does not comply with the minimum technical requirements, if additional information that impacts said determination becomes available, or a subsequent review or assessment leads to a different conclusion. Upon determining that an application does not comply with all minimum technical requirements, and that there are no processes available to request a technical deviation, variance or similar exception to such minimum technical requirements (or the applicant elects not to pursue any available processes), the department shall not process the application any further unless and until the application is amended to comply with said minimum technical requirements (within the resubmittal deadlines set forth in subsection (3)(c) of this section). If the applicant fails to amend the application to comply with the minimum technical requirements within 30 days, the application shall be deemed to be abandoned. Fees and charges paid at the time of application shall be refunded, except that an administrative fee shall be retained, as provided in the municipal facilities and services user fee schedule.

(e)

For purposes of this section, the term "minimum technical requirements" shall mean the comprehensive plan, relevant code provisions, regulations, practices, building code requirements, engineering standards, and all applicable laws. It also includes provisions and purpose sections designed to implement and protect the city's zoning plans, districts, policies and regulations, and a determination regarding compliance with the minimum technical requirements requires, among other things, the application of planning expertise, experience, and exercise of professional and technical judgment by the director or other staff.

(f)

Interpretations and assistance provided by development services department staff or any city staff during consultation regarding an application for development approval do not constitute approval from the department (or such other staff person), do not bind the department, the director, other staff, the city council, or the city, and do not exempt applicants from any requirements, including, without limitation, any requirements of this Code or other applicable provisions of federal, state, or local law. If there is a conflict or inconsistency between any staff statement and the laws, rules, codes, requirements or ordinances, the latter will prevail. Interpretations and assistance are for the recipient's convenience only and reflect the initial non-binding analysis of the development services department and/or staff only, not city policy or the official position of the city on any matter. They are based on and subject to the facts, applications, development orders, permits, and other information available and/or reviewed, as well as laws, ordinances, the comprehensive plan, regulations, requirements, and policies, all of which are subject to change. Applicants are advised to conduct their own review of all relevant facts, laws, ordinances, the comprehensive plan, regulations, requirements, policies, and procedures. No interpretations or assistance provided by development services department staff or any city staff shall convey any vested rights or other rights, or exempt the applicant from complying with all the codes of the city.

(Ord. No. 5642, § 15, 1-10-23)

(1)

Any party eligible to appeal a decision in connection with an application for development approval that is subject to this section, as determined pursuant to subsection (4), may file a notice of appeal with the city clerk and pay the appeal fee specified in the municipal facilities and user fee schedule within 14 days of the date of the rendition of the decision. With respect to appeals from board decisions to the city council, the provisions of this section shall be supplemental to the rules set forth in section 2-27, rule 1.70, which shall control and take precedence over the provisions stated in this section.

(2)

No appeal shall be filed (or accepted for processing) until a decision has been rendered. A decision shall be deemed rendered upon the execution of a written resolution or order which memorializes the decision. In the event no resolution or order is provided, a decision shall be deemed rendered upon the approval of the applicable minutes of the meeting at which the final decision was made.

(3)

The notice of appeal shall specify the decision taken and in what respect the party is aggrieved by the decision, and what action the party desires the reviewing body to take with respect to the decision. Upon the filing of a notice of appeal, the reviewing body shall hold a public hearing on the matter as soon as practicable following (i) the expiration of the applicable time period for the filing of an appeal and (ii) satisfaction of the applicable notice for the public hearing. The reviewing body shall either affirm, affirm with modifications and/or conditions, reverse, reverse with modifications and/or conditions, or remand the decision.

(4)

Except as otherwise expressly provided in this Code for a particular application type, the applicant, the city manager, or an aggrieved party shall be eligible to appeal a decision in connection with an application for development approval subject to this section. Where this code expressly provides a different party or parties eligible to appeal a decision on a particular application type subject to this section, that other express provision shall govern. For purposes of this section, an "aggrieved party" is limited to either: (i) a person or entity to whom written notice by mail was required to be sent, pursuant to section 28-8, for the public hearing at which the decision was made, or a resident of the city or property owner within the city who participated in the hearing, or (ii) in the case of an administrative decision for which an appeal is expressly provided in the specific provisions of this Code, the owner of property within 500 feet of the property to which the decision pertained.

(5)

Any party eligible to appeal a decision covered by this section, as determined in accordance with subsection (4), that is aggrieved by a final decision made by the city council may file an appeal in accordance with the Florida Rules of Appellate Procedure.

(Ord. No. 5642, § 16, 1-10-23)