In order to classify, regulate and restrict the location of buildings erected or structurally altered for specific uses, to regulate the use of land, to regulate and limit the height and bulk of buildings hereafter erected or structurally altered, to regulate and determine the area of yards and other open space about buildings, to regulate the intensity of land use and to promote the orderly growth of the city, in compliance with the goals, objectives and policies set forth in the Bonita Plan, the city is divided into zoning districts as set forth in this article. The zoning districts of the city are as follows:

AG-1, AG-2, AG-3 - Agricultural

RS - Single Family

TFC - Two-Family Conservation

TF-1 - Two-Family District

RM-2 - Multiple-Family

MH - Mobile Home

RV - Recreational Vehicle

CF - Community Facilities

Commercial Zoning Districts:

C-1A, C-1, C-2 C-2A are only listed as commercial district as they were old Lee County zoning district which were no longer used except for those properties that currently have them prior to incorporation

CN-1, CN-2 - Neighborhood Commercial

CC - Community Commercial

CG - General Commercial

CS-1, CS-2 - Special Commercial Office

CT - Tourist Commercial

CM - Marine Commercial

IL - Light Industrial

IG - General Industrial

RPD - Residential Planned Development

RVPD - Recreational Vehicle Planned Development

CFPD - Community Facility Planned Development

CPD - Commercial Planned Development

IPD - Industrial Planned Development

MPD - Mixed-Use Planned Development

(Ord. No. 11-02, § 3(4-611), 1-19-2011)

(a)

There are two basic types of zoning districts provided for in this article: conventional zoning districts and planned development districts. The general purpose of both types of zoning districts is to implement the goals, objectives and policies of the Bonita Plan, as well as to provide protection to the public health, safety and welfare through the regulation of land use.

(1)

Conventional districts. Conventional zoning districts are districts within the city within which land use is controlled through the regulation of the height and bulk of buildings and structures, the minimum area and dimensions of lots, the percentage of lot coverage, minimum open space and yard areas, through the use of setback requirements, the density of population, and the type and intensity of use of the land and buildings. Use and development regulations for the conventional districts are provided in divisions 2 through 8 of this article.

(2)

PD, planned development districts. The purpose and intent of the various planned development districts is to further implement the goals, objectives and policies of the Bonita Plan while providing some degree of flexibility in planning and designing developments by:

a.

Facilitating state-of-the-art site planning in order to improve the quality of the built environment and to ensure the most economical use of land and public resources;

b.

Stimulating, where appropriate, the integration of new development with surrounding land uses, providing for consistency and visual harmony through various techniques, including screening and buffering, sign control, architectural controls and landscape design;

c.

Encouraging multiple or mixed use development strategies, including the use of several housing types, the provision of several uses in combination such as residential and neighborhood commercial, office and light industry, and other analogous combinations;

d.

Promoting improved and unifying design techniques that reduce dependence on vehicular movement within the development, encourage the use of joint parking and loading facilities, provide for joint access, and generally maintain adequate service and facilities while avoiding negative impacts on surrounding land use and traffic circulation;

e.

Encouraging patterns of land use that support more economical provision of infrastructure;

f.

Providing a mechanism by which the preservation or conservation of historic or natural resources and environmental amenities, including open space, may be ensured;

g.

Providing a mechanism for offsetting any increased cost of the premature commitment of capital by any public utility or service provider through developer donations and dedications of capital, through private provisions and operation of services and facilities, or through a system of impact fees;

h.

Providing a process and record on which developers, public officials, the general public and the consumers of development may rely; and

i.

Providing for the protection and preservation of historic resources through reuse, sensitive adaptive use, compatible design and rehabilitation.

(b)

Use and development regulations for planned development districts are provided in division 9 of this article.

(Ord. No. 11-02, § 3(4-612), 1-19-2011)

(a)

The boundaries of each zoning district as they were officially adopted from 1991 through 1994 are designated and established as shown on the official zoning map of the county prior to incorporation of Bonita Springs. Amendments officially approved by the city council since the adoption of the most recent official zoning maps are shown on the current zoning map described in section 4-402. Both the official zoning map and the current zoning map are a part of this chapter as if fully described in this chapter.

(b)

There is no right to rely on either the official or current zoning maps to vest development or private rights. Staff members and members of the public must consult the pertinent zoning ordinances or resolutions, decisions for special exceptions or variances, and administrative approvals or deviations to determine the parameters and conditions affecting the subject property.

(Ord. No. 11-02, § 3(4-613), 1-19-2011)

(a)

Description. The official zoning map of the city consists of that portion lying within the corporate boundaries of the city through a series of computer-generated and printed section maps depicting zoning information adopted by the board of county commissioners between 1991 and 1994 as follows:

(1)

Resolution 92-03-11 (adopted March 18, 1992). All areas lying within Range 26E that are within the corporate boundaries of the city.

(2)

Resolution 93-01-17 (adopted January 20, 1993). All areas lying within Range 25E that are within the corporate boundaries of the city.

(3)

Resolution 94-03-27 (adopted March 16, 1994). All areas lying within Range 24E that are within the corporate boundaries of the city.

(b)

Public availability. The official zoning map is part of the public records and is on file in the city clerk's office.

(c)

Replacement pages and new official zoning maps. If a page of the official zoning map is determined to have an error in the official zoning map, the city council may adopt by resolution at an advertised public hearing a replacement page printed from the corrected current zoning map which will supersede the prior official zoning map page.

(d)

New official zoning maps. The city council may, periodically, but not less than once every ten years, adopt new official zoning maps in accordance with this chapter.

(e)

Records management for official zoning maps. The department of community development must retain a copy of the official zoning maps adopted under this section 4-402 consistent with statutory recordkeeping requirements.

(f)

Unauthorized changes to the official zoning maps. Changes to the official zoning map may only be made as provided for in subsection (c) of this section. No one may acquire any interest or right in property or personalty from an unauthorized change in the official zoning map.

(Ord. No. 11-02, § 3(4-614), 1-19-2011)

*A copy of this map is available to the public and on file in the city clerk's office.

(a)

Description. The current zoning maps of the city consist of computer-generated section maps depicting the same information on the official zoning map as it may be subsequently modified by zoning amendments, special exceptions, variance or administrative deviations, etc., and mapping corrections that have been entered into the computer database since the most recent adoption of the official zoning maps which is on file in the city clerk's office.

(b)

Public availability. The current zoning maps are part of the public records.

(c)

Preparation. The city council hereby authorizes the preparation of current zoning maps in conformance with the procedures set forth in this section.

(1)

Current zoning maps are scaled, computer-generated maps.

(2)

Printed copies of the current zoning map that are provided as part of a public records or zoning verification letter request must contain the following statement: "This map represents the official zoning map and all district boundary changes, special exceptions, zoning variances and administrative amendments approved as of ________ (date)."

(3)

The boundaries of each district will be shown on the current zoning map, and the district symbols will be used to designate each district.

(4)

For mapping purposes only, a zoning district boundary line may be drawn to the centerline of a street, stream or river, or to the shoreline of a stream, river or other body of water, and all existing streets or bodies of water within such district may be included within such district without delineation of the streets or bodies of water.

(5)

Official changes to the current zoning map will be entered into the computer database in the following manner:

a.

The district boundary change will be entered into the database and will indicate the new district designation, as well as a symbol referencing additional zoning information.

b.

The additional zoning information may include the city council zoning ordinance number, what the change of districts was and any special conditions.

(6)

All approved special exceptions or variances and all appropriate administrative approvals and deviations will be noted as follows:

a.

The property in question will be marked with a reference symbol directing the reader to additional zoning information;

b.

The additional information may include the case number, type of action taken (i.e., special exception or variance) and special conditions and the administrative approval or deviation reference number.

(Ord. No. 11-02, § 3(4-615), 1-19-2011)

When uncertainty exists as to the boundaries of districts of the official or current zoning map, the following rules apply:

(1)

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

(2)

Boundaries following lot, section or tract lines. Boundaries indicated as approximately following lot lines, section lines or tract lines will be construed as following such lot lines.

(3)

Boundaries following municipal boundaries. Boundaries indicated as approximately following municipal boundaries will be construed as following such municipal boundaries.

(4)

Boundaries following railroad lines. Boundaries indicated as approximately following railroad lines will be construed to be the centerline of the railroad right-of-way.

(5)

Boundaries following shorelines. Boundaries indicated as approximately following the centerlines of streams, rivers or canals will be construed to follow such centerlines. Boundaries indicated as following shorelines will be construed to follow such shorelines as indicated on the aerial photography flown for the county in 1984. In the event of change in the shoreline due to natural causes, land created through accretion will automatically be classified as EC until and unless a zoning district change is applied for and approved in accordance with procedures set forth in this chapter.

(6)

Parallel lines. Boundaries that are approximately parallel to the centerlines or street lines of streets, the centerlines or alley lines of alleys, or the centerline or right-of-way lines of highways will be construed as being parallel thereto and at such distance therefrom as indicated on the zoning maps. If no distance is given, such dimension will be determined by the use of the scale shown on the zoning maps.

(7)

Vacated lands. Where a public road, street, alley or other form of right-of-way is officially vacated the regulations applicable to the property to which the vacated lands attach will also apply to such vacated lands.

(8)

Excluded areas.

a.

Where parcels of land and water areas have been annexed or revert to the city in any manner, such parcels will be classified in accordance with F.S. § 171.062, unless or until rezoned pursuant to current regulations.

b.

Where land accretes through natural processes, the land will be classified as an EC zoning district unless or until rezoned pursuant to current regulations.

(9)

Uncertainties. Where physical or cultural features existing on the ground are at variance with those shown on the official or current zoning map, or in case any other uncertainty exists as to the proper location of district boundaries, the director will interpret the intent of the official or current zoning map as to the proper location of the district boundaries.

(Ord. No. 11-02, § 3(4-616), 1-19-2011)

(a)

The 1986 zoning ordinance effective on August 1, 1986, contained a chart (section 400.04) which converted existing zoning districts and some select areas to the new districts incorporated in the revised ordinance. For historical purposes only, this conversion chart is retained as subsection (d) of this section.

(b)

Upon the effective date of Ordinance No. 93-24 (September 27, 1993), all land currently zoned RM-14 was converted to RM-2.

(c)

Upon the effective date of Ordinance No. 96-17 (September 27, 1996), the following described land will be converted from MH-1 to MHC-2.

(d)

1986 zoning district conversions.

Notes:

⁽¹⁾

The following developments, legally described in the indicated zoning resolution, and currently zoned RPD, will be converted to MHPD: Southern Pines, Phase II, Zoning Resolution No. ZAB 86-64.

(Ord. No. 11-02, § 3(4-619), 1-19-2011)

The director is authorized to determine that uses that are not specifically listed in the use activity groups or in any of the use regulation tables are permitted by right or by special exception in a particular zoning district based upon the placement of similar listed uses in the various districts.

(Ord. No. 11-02, § 3(4-620), 1-19-2011)

(a)

Applicability. No land, body of water or structure shall be used or permitted to be used and no structure shall hereafter be erected, constructed, moved, altered or maintained in any conventional zoning district for any purpose other than as provided in the use regulation tables and in accordance with the property development regulations tables set forth in this article for the zoning district in which the property is located, except as may be specifically provided for in article VII of this chapter, pertaining to nonconforming uses, or in section 4-406.

(1)

All uses of land, water and structures in the conventional zoning districts are subject to the comprehensive plan (the Bonita Plan) and the future land use plan map, and therefore may not be permitted in all land use categories.

(2)

All uses of land, water and structures in the conventional zoning districts are subject to the specific use and property development regulations set forth for the district in which located, as well as all general provisions and all applicable supplemental regulations set forth in this chapter. Except as may be specifically provided for elsewhere in this chapter, deviations from the property development regulations may only be granted in accordance with the procedures established in sections 4-195(e) and (f) and 4-124(b) for variances.

(b)

Use regulations tables. Divisions 2 through 9 of this article contain use regulations tables which list specific uses or use activity groups followed by a symbol indicating whether the use is permitted by right (P), special exception (SE) or by administrative approval (AA), or not permitted at all. In all instances, unless specifically noted to the contrary, the symbols used in the use regulations tables shall have the following meaning:

(1)

Administrative approval required. The director has the authority to approve the use when in compliance with the referenced sections of this chapter.

(2)

Existing only. The use is permitted only if it lawfully existed on September 27, 1993, or was granted a special exception within the two years prior to such date and commenced the approved construction within two years after such date. A use which qualifies as existing only shall not be classified as a nonconforming use and shall be afforded the same privileges as a permitted use.

(3)

P Permitted. The use is permitted when in compliance with all applicable regulations.

(4)

Special exception required. The zoning board may recommend approval of the use after public hearing upon a finding that the use is consistent with the standards set forth in section 4-145(c), as well as all other applicable regulations. The zoning board may recommend restrictions on the use as a condition of approval.

(5)

Temporary permit. The use may be granted a temporary permit in accordance with section 4-2124.

(6)

Not permitted. The use is not permitted or permissible in the zoning district.

(7)

Permitted. The use is permissible either through administrative approval or special exception, subject to the regulations set forth in the specified section.

(8)

Lawfully existing uses; special exception. Lawfully existing uses are permitted, but new uses are permissible only by special exception.

(9)

Parenthesized number. The use is limited as set forth in the referenced footnote. For example: Note (1) The use is limited as set forth in the referenced footnote.

(c)

Property development regulations. Divisions 2 through 9 of this article contain property development regulations tables which set forth the minimum lot size and dimensions, setbacks, lot coverage, maximum building height and similar regulations for development of land within the specified districts.

(Ord. No. 11-02, § 3(4-621), 1-19-2011)

(a)

Purpose and intent. The purpose and intent of this section is to provide a method whereby lengthy lists of use activities can be categorized into simplified groups for insertion and use in the zoning district regulations.

(b)

Applicability; interpretation of schedule.

(1)

When a particular activity group is shown as a permitted or permissible use within the use regulations of a zoning district, it shall be interpreted to mean any of the uses listed under that particular use activity group in this section, unless specifically noted to the contrary.

(2)

When an individual use which is included within an activity group is listed specifically within the use regulations tables in article V of this chapter, it shall be interpreted to apply to only that use, and shall not be interpreted to be inclusive of any other uses within the overriding activity group in which it is located.

(3)

When a section, article or division number is indicated in parentheses following a particular activity, it is an indication that supplemental regulations affect the use, and the reader should refer to the indicated provisions.

(4)

Whenever a use group title includes the word "manufacturing," it shall be interpreted to also include repair of the type of product contained within the listing. However, this is not to be interpreted as requiring repair establishments to be placed within one of these use groups if:

a.

No manufacturing is involved; and

b.

The repair establishment qualifies under a different use activity group or defined term.

(5)

Schedule of uses approved as part of an existing planned development prior to September 1, 2016, are subject to the use activity group regulations as adopted at the time of PD approval.

(c)

Use activity groups are as follows:

(1)

Apparel, manufacturing. Establishments whose primary function is the production of clothes, accessory items and other comparable textile, leather, and fur products.

(2)

Automotive repair and service (article VI, division 8 of this chapter).

a.

Group I. Establishments primarily engaged in automotive repair, installation, and incidental retail sales relating to passenger vehicles, including, but not limited to: air conditioning, batteries and ignition (electrical), brakes, brake linings, carburetors, fuel systems, generators and starters, glass/windshield, interiors, mufflers (exhaust systems), phones/radios, radiators, tires (no vulcanizing), tops and bed liners (canvas or plastic only), transmission, trim, undercoating, and upholstery. Also included in this group are establishments engaged in automotive services including: detailing, diagnostic centers, drive-in oil changes, inspections, wheel alignment, and ancillary towing services.

b.

Group II. Establishments primarily engaged in general automotive and truck repair, not listed in Group I, including: paint shops, body shops; rebuilding and repair of auto bodies, diesel engines, engines, frames, front ends, motors, springs, and tops; rebuilding and retreading tires, tire recapping, and vulcanizing tires and tubes.

(3)

Banks and financial establishments.

a.

Group I.

1.

ATMs (automatic teller machines).

2.

Commercial and stock savings banks.

3.

Mutual savings banks.

4.

Savings and loan associations.

5.

Agricultural credit institutions.

6.

Personal and business credit institutions.

7.

Mortgage bankers and brokers.

8.

Federal Reserve banks.

9.

Trust companies not engaged in deposit banking.

10.

Rediscount and financing institutions for credit agencies other than banks.

11.

Security brokers, dealers and flotation companies.

12.

Commodity contracts brokers and dealers.

13.

Security and commodity exchanges and allied services.

14.

Holding and investment offices, and trusts.

b.

Group II.

1.

Title loan lenders when not associated with pawn shops.

2.

Check cashing services.

3.

Payday loan services.

(4)

Building materials, sales (article VI, division 36 of this chapter). Establishments engaged in selling primarily lumber, or lumber and a general line of building materials, to the general public or wholesale contractors. The building materials may include roofing, siding, shingles, wallboard, paint, brick, tile, cement, sand, gravel and other building materials and supplies. Asphalt and concrete batch plants are specifically excluded.

a.

Brick and tile dealers.

b.

Buildings, prefabricated.

c.

Cabinets, kitchen, prefabricated.

d.

Cement dealers.

e.

Concrete and cinderblock dealers.

f.

Fencing dealers.

g.

Flooring, wood.

h.

Garage doors, sale and installation.

i.

Insulation material, building.

j.

Jalousies.

k.

Lumber and building material dealers.

l.

Lumber and planing mill product dealers.

m.

Roofing material dealers.

n.

Sand and gravel dealers.

o.

Storm windows and sash, wood, metal, or vinyl PVC.

p.

Structural clay products.

q.

Wallboard (composition) dealers.

(5)

Business services. This group includes establishments primarily engaged in providing business services to other businesses or individuals, which are not classified elsewhere in this section.

a.

Group I. Business service establishments which customarily occupy standard office space and do not require outdoor storage of supplies or the use of vehicles other than cars or small vans. Establishments of this type include, but are not limited to:

1.

Advertising agencies (excluding sign construction).

2.

Business and real estate agents and brokers.

3.

Caterers without on-site food preparation or food service.

4.

Clerical services and notary publics.

5.

Collection agencies, credit reporting services, and debt counseling services.

6.

Commercial photography, art, drafting, blueprinting, and graphics.

7.

Computer or data processing services.

8.

Consulting services such as architects, attorneys, engineers, planners, etc.

9.

Detective agencies, personal investigation services, and protective services but not including armored car or animal (guard dog) rental.

10.

Employment and management agencies.

11.

Film processing or developing, retail.

12.

Insurance agencies.

13.

Message answering and telephone solicitation services.

14.

Sign painting and lettering (including the assembly of prefabricated signage components but not including manufacturing).

15.

Travel agencies.

16.

Visiting nurse associations.

17.

Tax return preparation services.

18.

Funeral services.

b.

Group II. Business services which, due to equipment and vehicle storage or to processes used, usually require facilities in addition to standard office space. Included in this group are services similar to:

1.

Aircraft food services and catering.

2.

Armored car services.

3.

Automobile claims adjusters.

4.

Automobile repossessing services.

5.

Horticultural services.

6.

Lawn and garden services.

7.

Messenger services.

8.

Packaging services.

9.

Parcel and express services.

10.

Pest control (exterminators).

11.

Swimming pool cleaning and maintenance services.

12.

Water softening services.

(6)

Chemicals and allied products, manufacturing.

a.

Drugs (when not associated with a retail pharmacy, including retail pharmacies that offer compounding services).

b.

Industrial inorganic chemicals.

c.

Plastics materials and synthetic resins, synthetic rubber, and synthetic and other manmade fibers, except glass.

d.

Soap, detergents and cleaning preparations, and perfumes, cosmetics and other toilet preparations.

e.

Paints, varnishes, lacquers, enamels and allied products.

f.

Industrial organic chemicals.

g.

Agricultural chemicals, excluding 2875, fertilizers, mixing only.

h.

Miscellaneous chemical products (including explosives).

(7)

Cleaning and maintenance services (no repairs). Establishments primarily engaged in providing a service to individual homes or businesses on a contract or fee basis, and wherein the particular service is performed at the individual home or business such as janitorial services, carpet cleaning, housecleaning, and window cleaning.

(8)

Clothing stores, general. Establishments primarily engaged in selling new clothing, shoes, hats, underwear and related articles.

(9)

Contractors and builders. General, operative and special trade contractors and builders, including:

Group I. Permits offices and indoor storage facilities but specifically excludes any fabrication work or outdoor storage, other than parking of cars.

Group II. Permits offices, indoor storage and light fabrication work. Outdoor storage of materials and equipment is permitted if enclosed. Specifically prohibited is any heavy construction equipment such as cement trucks, cranes, bulldozers, well-drilling trucks and other similar heavy equipment, or wrecking or demolition debris.

Group III. Permits offices, storage (indoor or outdoor), fabrication work and outdoor storage of heavy construction equipment. Storage of wrecking debris is prohibited.

(10)

Cultural facilities. This group includes facilities of historic, educational or cultural interest such as animal exhibits/zoos, botanical gardens, and museums.

(11)

Electrical machinery and equipment manufacturing.

a.

Electric transmission and distribution equipment.

b.

Electrical industrial apparatus.

c.

Household appliances.

d.

Electric lighting and wiring equipment.

e.

Radio and television receiving equipment, except communication types.

f.

Communication equipment.

g.

Electronic components and accessories.

h.

Miscellaneous electrical machinery, equipment and supplies.

(12)

Essential services. See the definition in section 4-2.

(13)

Essential service facilities. This group includes buildings or aboveground structures, exceeding 27 cubic feet in volume, required to provide essential services, including electricity, communications, telephone, cable television, gas, water, sewage, solid waste and resource recovery. This does not include wireless communication facilities which are regulated by section 4-1215 et seq.

a.

Group I (article VII, division 14 of this chapter).

1.

Natural gas or water regulation stations, including meters and master meters.

2.

Pumping stations (excluding above-groundwater storage facilities).

3.

Transmission or metering stations.

4.

Car charging stations.

b.

Group II.

1.

Above-ground water storage facilities.

2.

Electric substations.

3.

Sewage disposal or treatment facilities.

4.

Solid waste transfer station.

5.

Water treatment facilities.

c.

Group III.

1.

Electric power generating plants.

2.

Resource recovery facilities such as incinerators or generation of energy from waste materials.

3.

Landfills (article VI, division 20 of this chapter).

(14)

Fabricated metal products, manufacturing.

a.

Group I.

1.

Metal forgings and stampings.

2.

Coating, engraving and allied services.

3.

Cutlery, hand tools and general hardware.

b.

Group II.

1.

Metal cans and shipping containers.

2.

Heating equipment, except electric and warm air; and plumbing fixtures.

3.

Fabricated structural metal parts, excluding sheet metal work, and prefabricated metal buildings and components.

4.

Screw machine products and bolts, nuts, screws, rivets and washers.

5.

Miscellaneous fabricated products.

c.

Group III.

1.

Prefabricated metal buildings and components.

2.

Ordnance and accessories, except vehicles and guided missiles.

(15)

Food and kindred products, manufacturing. Establishments primarily engaged in manufacturing or processing foods and beverages for consumption.

a.

Group I.

1.

Bakery products.*

2.

Candy and other confectionery products.*

3.

Chocolate and cocoa products.

4.

Chewing gum.

5.

Bottled and canned soft drinks and carbonated waters.

6.

Roasted coffee.

7.

Manufactured ice.

*Not including establishments manufacturing primarily for direct retail sale on the premises to household consumers.

b.

Group II.

1.

Sausages and other prepared meat products.

2.

Dairy products (excluding fluid milk).

3.

Canned and preserved fruits and vegetables.

4.

Cereal breakfast foods.

5.

Blended and prepared flour.

6.

Fats and oils.

7.

Malt beverages, including breweries and micro-breweries; wines, brandy, brandy spirits; and distilled, rectified and blended liquors.

8.

Flavoring extracts and flavoring syrups.

9.

Canned and cured fish and seafoods.

10.

Fresh or frozen packaged fish and seafoods.

11.

Pasta products.

12.

Food preparation, not elsewhere classified.

c.

Group III.

1.

Meat packing plants (slaughtering).

2.

Poultry dressing plants (slaughtering).

3.

Poultry and egg processing.

4.

Fluid milk (pasteurizing, homogenizing and bottling).

5.

Flour and other grain mill products.

6.

Rice milling.

7.

Wet corn milling.

8.

Dog, cat and other pet food (slaughtering).

9.

Prepared foods and feed ingredients for animals and fowl.

10.

Cane sugar, refining only.

(16)

Food stores. Retail stores primarily engaged in selling food for home preparation and consumption. This group shall not include establishments primarily engaged in selling prepared foods or drinks for consumption on the premises or stores primarily engaged in selling packaged beers, ales or other liquors.

a.

Group I.

1.

Confectionery stores.

2.

Dairy products but not including ice cream or frozen custard stands.

3.

Delicatessens.

4.

Fish (seafood) markets, enclosed.

5.

Fruit and vegetable markets, enclosed.

6.

Groceries.

7.

Meat or poultry markets (no slaughtering).

8.

Produce markets.

9.

Specialty food stores, including specialty food items such as, but not limited to, health foods, spices, herbs, coffee, tea, vitamins, dietetic foods and mineral water.

10.

Supermarkets.

b.

Group II.

1.

Freezer and locker meat provisioners; primarily the retail sale, on a bulk basis, of meat products for freezer storage.

(17)

Freight and cargo handling establishments. Establishments primarily engaged in undertaking the packaging for, or the transportation of, freight or cargo.

(18)

Furniture and fixtures, manufacturing. Establishments primarily engaged in manufacturing furniture and fixtures.

(19)

Health care facilities. Establishments primarily engaged in conducting medical, surgical or nursing care to persons, as well as certain related activities.

a.

Group I. Medical offices. Establishments primarily engaged in clinical medical services with permanent facilities and a medical staff that do not provide overnight care to patients, such as doctors' offices, dental offices, dialysis clinics and physical therapy clinics.

b.

Group II. Nursing and personal care facilities. Establishments primarily engaged in providing limited health care, nursing and health-related personal care but not continuous nursing services. These establishments have at least one shift with a licensed or registered nurse to provide routine health care and observation.

c.

Group III. Skilled nursing care facilities, hospices. Establishments primarily engaged in providing care and treatment for patients who require continuous health care but not hospital services such as memory care and assisted living facilities. These establishments have an organized medical staff, including physician and continuous nursing services.

d.

Group IV. Outpatient care facilities. Establishments primarily engaged in outpatient care with permanent facilities and with medical staff to provide diagnosis or treatment, or both, for patients who are ambulatory and do not require inpatient care such as day surgery centers.

e.

Group V. Hospitals. Establishments primarily engaged in providing diagnostic services, extensive medical treatment, including surgical services, and other hospital services, as well as continuous nursing services. These establishments have an organized medical staff, in-patient beds, and equipment and facilities to provide complete health care.

f.

Group VI. Medical-related activities. Establishments primarily engaged in medical-related activities not classified elsewhere, including, but not limited to, blood banks and plasma donation centers.

(20)

Hobby, toy and game shops. This group includes establishments primarily engaged in the retail sale of toys, games, hobby kits and supplies, artist supplies, collectors' items, cameras, sewing and piece goods, etc.

(21)

Household and office furnishings.

a.

Group I. Establishments primarily engaged in the retail sale of household or office furniture, appliances, floor coverings, window coverings, and miscellaneous furnishings not requiring outdoor display of merchandise.

b.

Group II. Establishments primarily engaged in the retail sale of household recreational equipment with outdoor display of merchandise.

1.

Hot tubs and spas.

2.

Swimming pools, prefabricated.

3.

Playground equipment.

(22)

Laundry or dry cleaning. This group includes establishments primarily engaged in laundering or dry cleaning on the premises. It does not include laundry agents or coin-operated laundries classified as a personal service Group I, nor shall it include agencies which provide pickup and delivery service only but do not perform the actual laundering or dry cleaning on the same premises.

a.

Group I. Enclosed systems. Dry cleaning, laundry and dying establishments employing completely sealed and enclosed systems, providing the following provisions are met; services are limited to individual retail sales on the premises, excluding commercial bulk dry cleaning and laundry services, and use of materials and solvents is limited to those which do not require special fire prevention regulation.

b.

Group II. Establishments providing commercial bulk dry cleaning and laundry services, and which require special fire prevention regulation.

(23)

Leather and leather products, manufacturing.

a.

Group I. Manufacturing of leather products that do not require tanning and/or finishing.

b.

Group II. Manufacturing of leather products that requires tanning and/or finishing.

(24)

Lumber and wood products, manufacturing.

a.

Group I.

1.

General woodwork manufacturing.

b.

Group II.

1.

Mobile homes.

2.

Prefabricated wood buildings, sheds, and components.

c.

Group III.

1.

Wood preserving.

(25)

Machinery, manufacturing.

a.

Group I.

1.

Lawn and garden equipment.

2.

Power-driven hand tools.

3.

Office, computing and accounting machines.

4.

Machinery components.

b.

Group II.

1.

Engines and turbines.

2.

Farm machinery and equipment.

3.

Construction, mining and materials handling machinery and equipment.

4.

Metalworking machinery and equipment, excluding power-driven hand tools.

5.

Special industry machinery, except metalworking machinery, excluding office, computing and accounting machines.

6.

General industrial machinery and equipment.

7.

Refrigeration and service industry machinery.

8.

Miscellaneous machinery, except electrical.

c.

Group III.

1.

Blast furnaces, steel works, and rolling and finishing mills.

2.

Iron and steel foundries.

3.

Primary smelting and refining of nonferrous metals.

4.

Secondary smelting and refining of nonferrous metals.

5.

Rolling, drawing and extending of nonferrous metals.

6.

Nonferrous foundries (castings).

7.

Miscellaneous primary metal products.

(26)

Measuring, analyzing and controlling instruments, manufacturing.

a.

Engineering, laboratory, scientific and research instruments and associated equipment.

b.

Measuring and controlling instruments.

c.

Optical instruments and lenses.

d.

Surgical, medical and dental instruments and supplies.

e.

Photographic equipment and supplies.

f.

Watches, clocks and clockwork operated devices, and parts.

(27)

Novelties, jewelry, toys and signs, manufacturing.

a.

Group I.

1.

Jewelry, silverware and plated ware.

2.

Pens, pencils and other office and artists' materials.

b.

Group II.

1.

Musical instruments.

2.

Toys and sporting goods.

3.

Signs and advertising displays, not including the assembly of prefabricated signs.

(28)

Nonstore retailers. Sellers of goods and services which operate outside the confines of a retail facility or store. This group excludes distribution center.

a.

Group I. Mail order houses. Establishments primarily engaged in the retail sale of products by internet, catalog and mail order.

b.

Group II. Automatic merchandising machine operators. Office or storage facilities for establishments primarily engaged in the retail sale of products by means of automatic merchandising units, also referred to as vending machines.

c.

Group III. Direct selling establishments. Office facilities for establishments primarily engaged in the retail sale of merchandise by telephone, internet, or house-to-house canvass. Included are individuals who sell products by this method and who are not employees of the organization which they represent, and establishments which are retail sales offices from which employees operate to sell merchandise from door to door.

(29)

Paper and allied products, manufacturing.

a.

Group I.

1.

Envelopes, stationary, sanitary paper products, pressed and molded pulp goods.

2.

Bags, except textile bags.

3.

Paper coating and glazing.

4.

Die-cut paper and paperboard and cardboard.

b.

Group II.

1.

Pulp and paper mills.

(30)

Parks. A tract of land (including customarily associated buildings and structures), designated and used for recreational purposes by the public, and which is owned or operated by the city, county, state or federal government.

a.

Group I.

1.

Beach access.

2.

Beaches.

3.

Fishing piers.

4.

Highway rest stops.

5.

Nature or wildlife preserves.

6.

Neighborhood parks.

7.

Passive and active recreational and educational activities including, but not limited to, hiking, nature trails and similar activities which require few or no on-site facilities or capital investment and which utilize the natural environment with little or no alteration of the natural landscape.

b.

Group II. Recreational activities primarily for active recreational purposes and providing community-wide recreation, open space, and amenities.

1.

Boat ramps.

2.

Community parks.

3.

Regional parks.

4.

State or federal parks.

c.

Group III.

1.

Arenas.

2.

Civic centers.

3.

Fairgrounds.

(31)

Personal services. This major group includes establishments primarily engaged in providing services generally involving the care of the person or his or her apparel.

a.

Group I.

1.

Barbershops or beauty shops.

2.

Clothing alterations and repair, including dressmakers, seamstresses and tailors.

3.

Self-serviced and coin-operated laundromats.

4.

Shoe repair services where shoe repair or shoe shining for individual customers is performed.

5.

Pet sitting services.

6.

Oxygen tent services.

7.

Dating services.

b.

Group II. The following uses are permitted provided that lodging facilities or resorts are not included:

1.

Beauty spas.

2.

Health clubs or spas.

3.

Massage establishments licensed in accordance with F.S. ch. 480.

4.

Reducing or slenderizing salons.

5.

Saunas.

c.

Group III. Establishments primarily engaged in the sale, rental or service and ancillary repair of health-related devices such as:

1.

Artificial limbs.

2.

Crutches.

3.

Hearing aids.

4.

Hospital beds.

5.

Optical supplies.

6.

Orthopedic supplies.

7.

Wheelchairs.

d.

Group IV. Personal service agencies. Establishments primarily engaged in providing a personal service not classified elsewhere, including, but not limited to:

1.

Palm readers, fortunetellers or card readers.

2.

Tattoo parlors.

3.

Bail bonding.

(32)

Petroleum manufacturing.

a.

Petroleum refining.

b.

Paving and roofing materials, not including asphalt batch plants.

c.

Miscellaneous products of petroleum and coal.

(33)

Printing and publishing. Services relating to the publication and printing of paper products, including books, loose-leaf binders, greeting cards, newspapers, and periodicals.

(34)

Racetracks (article VI, division 35 of this chapter).

a.

Group I. Auto-oriented.

1.

Drag strips.

2.

Go-cart tracks.

3.

Motorcycle racing.

4.

Racetracks.

5.

Speedways.

b.

Group II. Non-auto-oriented.

1.

Dog tracks.

2.

Horse racing.

(35)

Recreation facilities, commercial. This use group includes recreational facilities, not specifically regulated elsewhere in this LDC, that are operated as a business and open to the public for a fee. This does not include facilities owned or operated by a government unit.

a.

Group I.

1.

Billiard halls or pool halls.

2.

Coin-operated amusement establishments that primarily provide coin-operated amusement devices; coin-operated includes coins, tokens or other similar devices.

3.

Indoor model car race courses.

b.

Group II. Reserved.

c.

Group III. Outdoor facilities. With the exception of water slides, Group III does not include amusement devices, amusement attractions or structures regulated by F.S. ch. 616 and the state department of agriculture and consumer services.

1.

Any outdoor cultural facility operated as a commercial establishment.

2.

Golf courses, miniature.

3.

Golf driving ranges (article VI, division 35 of this chapter).

4.

Passive and active recreational and educational activities, including, but not limited to, hiking, nature trails and similar activities requiring few or no on-site facilities or capital investment and which utilize the natural environment with little or no alteration of the natural landscape.

5.

Swimming pools, tennis courts and other similar outdoor activities not grouped elsewhere.

6.

Water slides, aquatic centers.

d.

Group IV. Indoor facilities.

1.

Any indoor cultural facility operated as a commercial establishment.

2.

Bingo halls.

3.

Bowling alleys.

4.

Convention or exhibition halls.

5.

Dancehalls or ballrooms.

6.

Gymnasiums.

7.

Health clubs.

8.

Racquetball, handball, squash or tennis courts.

9.

Skating rinks.

10.

Swimming pools or aquatic centers.

11.

Theaters, indoor.

e.

Group V. Large recreation facilities not owned or operated by a government agency, including, but not limited to:

1.

Arenas.

2.

Convention or exhibition halls.

3.

Fairgrounds.

4.

Stadiums.

(36)

Rental or leasing establishments. (Section 4-1099, section 4-2271 and article VI, division 36 of this chapter). This group includes establishments primarily engaged in renting or leasing machinery, tools and other equipment and supplies to individuals or businesses for use off the premises. This shall not include businesses which rent items for use in conjunction with an on-premises activity such as golf carts, clubs, etc.

a.

Group I.

1.

Beach chairs, umbrellas and similar items.

2.

Bicycles.

3.

Mopeds, segways and scooters.

4.

Passenger car pickup and drop off (no maintenance or repairs, limited storage only).

b.

Group II. Household.

1.

Appliances.

2.

Bicycles.

3.

Costumes.

4.

Furniture.

5.

Garden equipment.

6.

Movies, videotapes and similar home entertainment.

7.

Party or banquet supplies.

8.

Tools and equipment primarily for home use.

c.

Group III. Automotive.

1.

Passenger cars, vans, trucks, and off-road recreational vehicles under one ton.

2.

Motorized and towable recreation vehicles (RVs).

3.

Utility trailers.

d.

Group IV. Construction equipment and trucks.

1.

Construction equipment (cranes, bulldozers, etc.).

2.

Portable toilets.

3.

Trucks, truck tractors and semi-trailers.

(37)

Repair shops. This group includes establishments primarily engaged in performing miscellaneous repair work not elsewhere grouped.

a.

Group I. Establishments primarily engaged in repairing small household appliances and equipment, excluding furniture and gasoline-driven motorized items. This group includes, but is not limited to, clocks, musical instruments, hand tools, cameras and non-motorized bicycles.

b.

Group II. Establishments primarily engaged in repairing laboratory, office and other precision instruments and equipment, excluding furniture. This group includes, but is not limited to, computers, precision and mechanical instruments, gunsmiths, locksmiths, and photographic equipment.

c.

Group III. Establishments primarily engaged in repairing household appliances and furniture, office furniture and other similar equipment not elsewhere classified. This group includes, but is not limited to, air conditioning repair, antique refurbishing, re-upholstering shops, and large appliance repair.

d.

Group IV. Establishments primarily engaged in repairing gasoline-driven motorized equipment (not automotive) or which are engaged in welding, electric motor rewinding or other similar major repair work.

e.

Group V. Establishments primarily engaged in repair or services of large equipment and machinery not elsewhere classified.

(38)

Research and development laboratories. This group includes establishments or other facilities primarily engaged in laboratory or field research and development in the natural, physical or social sciences, or engineering and development as an extension of investigation.

a.

Group I. Agricultural research. Establishments primarily concerned with improving soil, crops, livestock or other agricultural products.

b.

Group II. Medical and dental laboratories. Establishments primarily engaged in providing professional analytic or diagnostic services to the medical profession, or to the patient on prescription of a physician, or in making dentures and artificial teeth to order for the dental profession.

c.

Group III. Chemical. Establishments primarily concerned with research and development of chemicals or other hazardous materials.

d.

Group IV. General. Establishments primarily concerned with research and development of computer, engineering, food, general industry and other type projects, excluding those listed in Group III.

(39)

Residential accessory uses (article VI, division 2 of this chapter). This group includes uses customarily accessory to residences provided all property development regulations of the zoning district in which located are complied with.

a.

Carports and garages.

b.

Decks, gazebos, patios and screen enclosures.

c.

Docks, personal (section 4-1588).

d.

Fences (article VI, division 17 of this chapter).

e.

Garage or yard sales, limited to not more than one week in duration, with sales limited to two garage or yard sales per year.

f.

Garden sheds.

g.

Recreational facilities, personal, such as pools, spas, Jacuzzis, hot tubs, swings, sand boxes and similar equipment.

h.

Seawalls.

(40)

Restaurants. This group includes establishments primarily engaged in the retail sale of prepared food and drinks for consumption on the premises.

a.

Group I. Refreshment stands. Establishments which do not normally provide indoor seating; including, but not limited to, box lunch stands, dairy bars, frozen custard stands, hot dog stands, ice cream stands, and soft drink stands.

b.

Group II. Convenience restaurants. Establishments primarily pedestrian-oriented. These facilities are usually located in business or recreational areas for the convenience of walk-in customers, including, but not limited to, sandwich shops, cafeterias, lunch counters, and ice cream shops.

c.

Group III. Standard restaurants. Establishments wherein customers usually arrive via automobile and are seated within the establishment, including "fast food establishments". Service may be provided or may be by self-service.

d.

Group IV. Dinner theaters. Establishments which provide paid entertainment, such as singers, dancers, comedians or theater plays, along with food service.

(41)

Rubber, plastics, and fiberglass products, manufacturing.

a.

Group I.

1.

Tires and inner tubes.

2.

Rubber and plastics footwear.

3.

Reclaimed rubber.

4.

Rubber and plastics hose and belting.

5.

Fabricated rubber products, not elsewhere classified.

b.

Group II.

1.

Miscellaneous plastics products.

2.

Hot tubs and swimming pools, plastic or fiberglass.

(42)

Schools, commercial.

a.

Art schools including fine arts, crafts, dance, gymnastics and martial arts.

b.

Aviation, ground school only.

c.

Bartending.

d.

Business, clerical, legal, real estate and other business-specific educational facilities.

e.

Driving school (automobile and motorcycle only).

f.

Drone instruction school.

g.

Sailing and marine-oriented outdoor lifestyle.

(43)

Social services (article VI, division 38 of this chapter). This major group includes establishments providing social services and rehabilitation services to those persons with social or personal problems requiring special services and to the handicapped and the disadvantaged.

a.

Group I. Establishments primarily engaged in providing counseling and guidance services to individuals or families but which do not provide resident facilities.

1.

Adoption services.

2.

Child guidance agencies.

3.

Disaster services.

4.

Family location services.

5.

Family (marriage) counseling services.

6.

Helping hand services, e.g., Big Brother, Big Sister, etc.

7.

Job counseling.

8.

Public welfare centers (offices).

9.

Referral services for personal and social problems.

10.

Traveler's aid centers.

11.

Other social services of a similar type, not specifically listed elsewhere.

b.

Group II. Establishments primarily engaged in providing training and support services to individuals, but which do not provide resident facilities, such as:

1.

Job training.

2.

Manpower training.

3.

Self-help organizations, e.g., Alcoholics Anonymous and Gamblers Anonymous.

4.

Skill training centers.

5.

Vocational rehabilitation agencies and counseling.

6.

Vocational training agencies.

7.

Work experience centers, e.g., OIC, Goodwill, Job Corps, Lighthouse for the Blind, etc.

c.

Group III. Establishments primarily engaged in providing rehabilitation or other social services for individuals with personal or social problems, but which do not provide resident facilities, such as:

1.

Day shelters.

2.

Offender rehabilitation agencies.

3.

Offender self-help organizations.

4.

Outpatient substance abuse and addiction treatment facilities.

5.

Settlement houses.

6.

Social service centers, e.g., Salvation Army.

7.

Soup kitchens.

d.

Group IV. Establishments primarily engaged in providing temporary living facilities for individuals with personal or social problems.

1.

Domestic violence abuse centers.

2.

Halfway homes for delinquents and offenders.

3.

Halfway or self-help group homes for persons with social or personal problems.

4.

Juvenile correctional homes.

5.

Training schools for delinquents.

6.

Homeless shelters f/k/a homes for destitute men and women.

e.

Group V. Community residential homes and similar establishments primarily engaged in providing long-term living facilities for individuals and for which health care is incidental.

1.

Homes for children.

2.

Developmental disability centers.

3.

Homes for the deaf or blind.

4.

Homes for the emotionally disturbed.

5.

Homes for the physically handicapped.

6.

Rehabilitation centers.

(44)

Specialty retail store.

a.

Group I. Clothing, accessory, and miscellaneous specialty retail.

b.

Group II.

1.

Ammunition.

2.

Bicycle and bicycle parts, except gasoline motors.

3.

Bowling equipment and supplies.

4.

Camping equipment.

5.

Firearms.

6.

Hunters equipment.

7.

Riding goods and equipment.

8.

Saddlery stores.

9.

Skiing equipment.

10.

Sporting goods, general.

11.

Tent shops.

c.

Group III.

1.

Gymnasium equipment.

3.

Pool and billiard tables.

4.

Swimming pool supplies.

(45)

Stone, clay, glass and concrete products, manufacturing.

a.

Group I.

1.

Glass products, made of purchased glass.

b.

Group II.

1.

Ready-mix concrete.

c.

Group III.

1.

Concrete block and brick.

2.

Concrete products, except block and brick.

d.

Group IV.

1.

Flat glass.

2.

Glass and glassware, pressed or blown.

3.

Cement, hydraulic.

4.

Structural clay products.

5.

Pottery and related products but not to include pouring of molds or firing of greenware which is done ancillary to a hobby shop.

6.

Lime.

7.

Gypsum products.

8.

Cut stone and stone products.

9.

Abrasive, asbestos and miscellaneous nonmetallic mineral products.

(46)

Studios. Establishments providing space for practitioners of music and fine arts with ancillary retail sales of products.

(47)

Textile mill products, manufacturing. Establishments whose primary service is the manufacturing of textiles and related products and procedures such as yarn, lace, and the process of dyeing fabrics.

(48)

Tobacco manufacturing. Establishments whose primary service is the manufacturing of tobacco and/or tobacco products, such as cigars and cigarettes.

(49)

Transportation equipment, manufacturing.

a.

Group I.

1.

Motor vehicle parts and accessories.

2.

Aircraft engines and engine parts.

3.

Aircraft parts and auxiliary equipment, not elsewhere classified.

b.

Group II.

1.

Boatbuilding.

c.

Group III.

1.

Motorcycles, bicycles and parts.

2.

Transportation equipment, not elsewhere classified, excluding trailers.

d.

Group IV.

1.

Motor vehicles and passenger car bodies.

2.

Truck and bus bodies.

3.

Truck trailers.

4.

Aircraft.

5.

Shipbuilding.

6.

Railroad equipment.

7.

Guided missiles and space vehicles.

8.

Travel trailers and campers.

9.

Tanks and tank components.

10.

Car or boat trailers.

(50)

Transportation services. This group includes establishments which provide land or water transportation services to individuals and in which the driver or instructor is provided by the leasing agency.

a.

Group I. Non-motorized services.

1.

Carriage ride.

2.

Rickshaw.

b.

Group II. Water-oriented transportation services.

1.

Airboats.

2.

Boat charter.

3.

Boats, party fishing.

4.

Excursion rides.

5.

Fishing charter.

6.

Sailing or boating classes.

7.

Sightseeing boats.

8.

Water taxis.

c.

Group III. Automobile.

1.

Ambulances (nonemergency transport).

2.

Automobile rental with driver provided.

3.

Cabs.

4.

Hearses or limousines with driver provided.

5.

Taxicabs.

d.

Group IV. Bus.

1.

Bus stations/depots (article VI, division 9 of this chapter).

2.

Bus terminals (article VI, division 9 of this chapter).

3.

Charter buses.

4.

Interstate buses.

5.

Sightseeing buses.

6.

Local or other buses.

e.

Group V. Trucking.

1.

Interstate trucking, without storage facilities.

2.

Local trucking, without storage facilities.

3.

Truck driving school.

(51)

Used merchandise stores. This group includes establishments primarily engaged in the retail sale of used merchandise, antiques and secondhand goods such as clothing and shoes or furniture, musical instruments, office furniture or equipment, store fixtures and similar items. This group does not include dealers selling used motor vehicles, trailers, boats or mobile homes, which are separately grouped, nor does it include scrap, waste or junk dealers:

a.

Group I. Household items, clothing, books, and accessories.

b.

Group II. Office and business furniture, fixtures, and equipment.

c.

Group III. Automotive accessories and parts (not junkyard or auto wrecking yard).

d.

Group IV. Building materials.

e.

Group V.

1.

Pawnshops.

2.

Title loan lenders when associated with pawn shops.

(52)

Vehicle and equipment dealers (section 4-1099). This group includes establishments primarily involved in the retail sale or storage of motor vehicles, trailers, boats and other similar equipment. Incidental servicing and repairs and the stocking of replacement parts is a normal ancillary function.

a.

Group I. Auto and truck dealers. Establishments primarily engaged in the retail sale, storage or leasing of automobiles, small trucks and vans.

b.

Group II. Motorcycle and lawnmower dealers. Establishments primarily engaged in the retail sale of new or used lawnmowers, motorcycles, motorbikes, dune buggies, go-carts, golf carts and other similar type small vehicles.

c.

Group III. Boat and yacht dealers. Establishments primarily engaged in the retail sale of new or used motorboats, yachts and other watercraft, including boat trailers.

d.

Group IV. Recreational vehicle/bus dealers. Establishments primarily engaged in the retail sale of new or used recreational vehicles or campers, or utility trailers.

e.

Group V. Construction equipment dealers. Establishments primarily engaged in the retail sale of large trucks, bulldozing cranes, semitrailers, earthmovers and other similar large transportation, construction or hauling equipment.

(53)

Wholesale establishments. This group includes establishments or places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

a.

Group I. Farm produce. Establishments primarily engaged in buying or marketing farm produce other than livestock.

b.

Group II. Livestock. Establishments primarily engaged in buying or marketing livestock.

c.

Group III. Indoor storage. Establishments primarily engaged in buying or selling, on a wholesale basis, durable or nondurable goods, excluding hazardous chemicals, petroleum products or explosives which are stored totally within a building.

d.

Group IV. Open storage. Establishments primarily engaged in buying or selling, on a wholesale basis, durable or nondurable goods, excluding hazardous chemicals, petroleum products or explosives, which because of their size are normally stored out of doors or under a roofed shed.

(Ord. No. 11-02, § 3(4-622), 1-19-2011; Ord. No. 13-05, § 4-622, 4-3-2013; Ord. No. 15-27, § 2, 12-2-2015; Ord. No. 17-03, § 1, 2-1-2017)

All uses and activities permitted by right, special exception or temporary permit in any zoning district, including planned development and PUD districts, must be constructed, maintained, placed, conducted, and operated so as to:

(1)

Comply with all local, state and federal air, noise, and water pollution standards; and

(2)

Not adversely impact water quality and water needs.

(Ord. No. 11-02, § 3(4-623), 1-19-2011)

All uses and activities permitted by right, special exception or temporary permit in any zoning district, including planned development and PUD districts, must be constructed, maintained, placed, conducted, and operated so as to:

(1)

Not be injurious or offensive and thereby constitute a nuisance to owners or occupants of adjacent premises, nearby residents, or to the community, by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious waste materials, odors, fire or explosive hazard, or glare;

(2)

Not cause light from a point source of light to be directed, reflected, or refracted beyond the boundary of the parcel or lot, onto adjacent or nearby residentially zoned or used property or onto any public right-of-way, and thereby constitute a nuisance to owners or occupants of adjacent premises, nearby residents, or to the community; and

(3)

Ensure all point sources of light and all other devices for producing artificial light are shielded, filtered, or directed in such a manner as to not cause light trespass.

(Ord. No. 11-02, § 3(4-624), 1-19-2011)

The purpose of the agricultural districts is to provide areas for the establishment or continuation of agricultural operations, with residential uses being permitted only as ancillary to agricultural uses, and to accommodate those individuals who understand and desire to live in an agricultural environment.

(Ord. No. 11-02, § 3(4-651), 1-19-2011)

No land, body of water or structure may be used or permitted to be used and no structure may hereafter be erected, constructed, moved, altered or maintained in any AG district for any purpose other than as provided in section 4-436, pertaining to use regulations for agricultural districts, and section 4-437 pertaining to property development regulations for agricultural districts, except as may be specifically provided for in article VII (nonconformities) of this chapter, or in section 4-406.

(Ord. No. 11-02, § 3(4-652), 1-19-2011; Ord. No. 12-13, § 1(4-651), 8-15-2012)

Use regulations for agricultural districts are as follows:

TABLE 4-436. USE REGULATIONS FOR AGRICULTURAL DISTRICTS

Notes:

(1)

Any expansion which will bring the number of beds to 50 or more requires PD zoning. See section 4-272 and Table 4-740.

(2)

Includes but is not limited to farming, horticulture, pasturage, forestry, citrus and other fruit groves, greenhouses and nurseries, truck farms and dairy farms, commercial fish, frog or poultry hatcheries, and raising of hogs and other farm animals. Lumbering or harvesting of cypress (Taxodium spp.) is not permitted except by special exception.

(3)

Limited to uses and buildings customarily incidental to agricultural uses, including the processing and packaging of agricultural products primarily grown on the premises.

(4)

Mobile home permitted, provided it is the only residential unit on the property, and provided further that the property meets the same lot area and dimensions, setbacks, height and maximum lot coverage as set forth in Table 4-437 for the AG-1 district.

(5)

Only permitted in compliance with section 4-930.

(6)

Expansion of facility to ten or more acres requires PD zoning. See section 4-272 and Table 4-740.

(7)

Any new facility of ten or more acres or any expansion of an existing facility to ten or more acres requires PD zoning. See section 4-272 and Table 4-740.

(8)

Any expansion of an existing facility which will bring the number of beds to 16 or more or which changes the use, requires PD zoning. See section 4-272, table 4-740, and section 4-2190

(9)

Recreational halls require a special exception approval.

(10)

Limited to passive and active recreation and educational activities including, but not limited to hiking and nature trails, where the activities require little or no on-site facilities or capital investment, and utilize the natural environment with little or no alteration of the natural landscape.

(11)

Existing only.

(12)

The keeping of ostrich, cassowary, rhea, or emu for the production of meat, skins, or hides, feathers, or the progeny thereof, as part of a bona fide agricultural operation does not require a special exception.

(13)

Family day care home exemption. F.S. § 166.0445 exempts family day care homes from needing the special exception. See section 4-195(e)(9).

(14)

Noncommercial only.

(15)

This use will require a special exception if located outside of the Rural Agricultural Overlay District, unless lawfully existing prior to September 1, 2012.

(Ord. No. 11-02, § 3(4-653), 1-19-2011; Ord. No. 12-13, § 1(4-653), 8-15-2012; Ord. No. 12-17, § 1(4-653), 12-19-2012; Ord. No. 13-05, § 4-653, 4-3-2013; Ord. No. 17-03, § 1, 2-1-2017)

Property development regulations for agricultural districts are as follows:

TABLE 4-437. PROPERTY DEVELOPMENT REGULATIONS FOR
AGRICULTURAL DISTRICTS

Notes:

(1)

Certain projects in agricultural districts may fall within the density reduction/groundwater resource areas of the comprehensive plan, as amended or replaced. In such areas, additional density and use restrictions are applicable. Permitted land uses in density reduction/groundwater resource areas include agriculture, mineral or limerock extraction, conservation uses, and residential uses at a maximum density of one dwelling unit per ten acres. Individual residential parcels may contain up to two acres of wetlands without losing the right to have a dwelling unit, provided that no alterations are made to those wetlands.

(2)

Minimum lot requirements in the comprehensive plan will be used instead of the zoning width and depth for lots of record as specified in the single-family residence provision of the comprehensive plan (Administrative Section of FLUE). See section 4-2399.

(3)

Modifications to required setbacks for collector or arterial streets, or for solar or wind energy purposes, are permitted only by variance. See section 4-1892 et seq.

(4)

For nonconforming lots, as defined in section 4-2397, the maximum lot coverage will be 40 percent.

(5)

Reserved.

(6)

For property located within San Carlos Estates Water Control District, minimum setbacks are as follows:

(a)

For property on fronting two or more streets, a street setback from the front street not less than 40 feet and a side setback of at least 25 feet from any other street. The property owner shall select the street that is to be designated as the front street.

(b)

For property on fronting one street, a street setback not less than 40 feet.

(c)

The property owner shall select the street that is to be designated as the front street.

(Ord. No. 11-02, § 3(4-654), 1-19-2011; Ord. No. 13-08, § 1(4-654), 8-7-2013)

(a)

The purpose and intent of the community facilities districts is to accommodate and provide opportunities for the suitable location of community services and facilities which are not approved as part of a planned development.

(b)

There are four CF districts provided for in this division:

(1)

CF-1, which is primarily to accommodate cultural facilities.

(2)

CF-2, which is primarily to accommodate social and limited health related services.

(3)

CF-3, which is primarily government service facilities.

(4)

CF-4, which is temporarily retained pending rezonings.

(Ord. No. 11-02, § 3(4-811), 1-19-2011)

No land, body of water or structure may be used or permitted to be used and no structure may hereafter be erected, constructed, moved, altered or maintained in any community facility district for any purpose other than as provided in section 4-634, pertaining to use regulations for community facility districts, and section 4-635, pertaining to property development regulations for community facility districts, except as may be specifically provided for in article VII (nonconformities) of this chapter, or in section 4-406.

(Ord. No. 11-02, § 3(4-812), 1-19-2011)

Use regulations for the community facilities districts are as follows:

TABLE 4-634. USE REGULATIONS FOR COMMUNITY FACILITIES DISTRICTS

Notes:

(1)

New facilities of 50 or more beds, or the expansion of an existing facility that will bring the number of beds to 50 or more, or which changes the use, must request and be approved as a PD. See section 4-272 and Table 4-740.

(2)

Facilities proposed for ten or more acres or the expansion of an existing facility that will bring the number of acres to ten or more acres or that changes the use must request and be approved as a PD. See section 4-272 and Table 4-740.

(3)

Permitted only when clearly subordinate to the permitted use of the property and when conducted wholly within the principal building.

(4)

Noncommercial only.

(5)

Reserved.

(6)

New facilities of 16 or more beds, or the expansion of an existing facility that will bring the number of beds to 16 or more, or which changes the use, must request and be approved as a PD. See division 38 of this chapter.

(Ord. No. 01-18; Ord. No. 03-15; Ord. No. 11-02, § 3(4-813), 1-19-2011; Ord. No. 13-05, § 4-813, 4-3-2013; Ord. No. 17-03, § 1, 2-1-2017; Ord. No. 19-10, § 1(Exh. A), 11-20-2019)

Property development regulations for the community facilities districts are as follows:

TABLE 4-635. PROPERTY DEVELOPMENT REGULATIONS FOR COMMUNITY FACILITIES DISTRICTS

Notes:

(1)

Modifications to required setbacks for collector or arterial streets are permitted only by variance. Modifications for solar or wind energy purposes, are permitted only by special exception. See section 4-1892 et seq.

(Ord. No. 11-02, § 3(4-814), 1-19-2011)

(a)

Generally. The purpose and intent of the conventional commercial districts is to regulate the continuance of certain land uses and structures lawfully existing as of August 1, 1986, which were originally permitted by the county zoning regulations of 1962, as amended, or 1978, as amended, and to encourage and guide new commercial development in accordance with the goals, objectives and policies set forth in the Bonita Plan. Commercial development shall be permitted where requisite infrastructure exists or can feasibly be extended. Subsequent to August 1, 1986, with the exception of rezonings to recognize and accommodate existing developments, no parcel of land of ten or more acres in size shall be rezoned to any of the conventional commercial districts.

(b)

C-1A, C-1 and C-2 commercial districts. The purpose and intent of the C-1A, C-1 and C-2 districts is to regulate the continuance of commercial and select residential land uses and structures lawfully existing in the C-1A, C-1 and C-2 districts as of August 1, 1986, and as originally permitted by the county zoning regulations of 1962, as amended, and 1978, as amended, respectively. Subsequent to February 4, 1978, no land or water shall be rezoned into the C-1A, C-1 or C-2 districts. In no case shall new development be permitted in any existing C-1A, C-1 or C-2 district which is not consistent with the Bonita Plan.

(c)

C-2A commercial district. The purpose and intent of the C-2A district is to recognize and provide for the continuation of most commercial and residential uses as set forth in the C-2 zoning district use regulations but prohibiting the industrial and manufacturing uses permitted by the C-2 district. This district is not available to landowners through normal procedures, but shall be used only by the city council on its own initiative to achieve the purpose stated in this subsection.

(d)

CN-1 neighborhood commercial district. The purpose and intent of the CN-1 district is to permit the designation of suitable locations for small-scale commercial facilities within or adjacent to areas or neighborhoods which are essentially residential in nature, and to facilitate their proper development and use. It is anticipated that locating small retail and service establishments in close proximity to low to moderate-density residential land uses will encourage pedestrian activity and otherwise reduce the number and length of automobile trips, as well as providing increased convenience to all users. It is further intended that substantial buffering and other design techniques shall be used to prevent negative impacts on nearby or adjacent residential or lower-intensity land uses.

(e)

CN-2 neighborhood commercial district. The purpose and intent of the CN-2 district is to permit the designation of suitable locations for consumer-oriented commercial facilities of moderate scale, including neighborhood shopping centers, and to facilitate their proper development and use. Such facilities include the functions of CN-1 commercial places, but the greater floor area and the broader mix of goods and services available results in a wider market or service area, a larger population served, and a greater impact on surrounding land uses. The primary uses provided for include retail trade in food, drugs, sundries, hardware and similar items, and the provision of personal services.

(f)

CC community commercial district. The purpose and intent of the CC district is to permit the designation of suitable locations for medium to large-scale consumer-oriented commercial facilities, particularly for multiple-occupancy complexes known as community or regional shopping centers, and to facilitate their proper development and use. In addition to the retail sale of consumer goods, this district is intended to permit a wide range of services, financial and other, including business and professional offices, all arranged in discrete commercial centers or evolving business districts. Such centers or districts differ from neighborhood commercial facilities in concentrating a greater floor area of use and a broader mix of goods and services in order to serve a wider market or service area and a larger population. This is expected to create greater impact on surrounding land uses and therefore require buffering and designed gradients of intensity adjacent to less intense uses.

(g)

CG general commercial district. The purpose and intent of the CG district is to permit the designation of suitable locations for and to facilitate the proper development and use of consumer-oriented commercial facilities which are of a type or scale which are not suited for and do not generally seek locations in neighborhood, community or regional shopping centers. Such uses frequently consist of a single principal building containing sales, administration, repair services or manufacture; often rely on large ground areas for storage or display of goods; and are relatively insensitive to the impacts of adjacent land uses while generating substantial impacts on their neighbors. High visual exposure and easy accessibility, usually from arterial roads or suburban highways, are important.

(h)

CS-1 special commercial office district. The purpose and intent of the CS-1 district is to permit the designation of suitable locations for and to facilitate the proper development and use of land for standard office space for various purposes, and a minimum level of retail sales and personal services required to provide convenient access to goods and services for the workforce and clientage. While it is recognized that such uses will demand easy access from arterial or high-volume collector roads, this district is intended to be used to separate and buffer residential and other low- or medium-intensity land uses, such as schools or parks, from higher-intensity commercial and light industrial land uses.

(i)

CS-2 special commercial office district. The purpose and intent of the CS-2 district is to permit the designation of suitable locations for the proper development of standard office space for various purposes, as well as a number of other low-impact uses that can be allowed by special exception in particular circumstances. This district is intended to be used to separate and buffer residential and other low- or medium-intensity land uses, such as schools or parks, from higher-intensity commercial and light industrial land uses.

(j)

CT tourist commercial district. The purpose and intent of the CT district is to permit the designation of suitable locations for and to facilitate the proper development and use of land for the commercial provision of accommodations and services for tourists and other visitors and short-term or seasonal residents. The term "accommodations," as used in this subsection, is intended to include housing, various amenities, including recreational facilities, and local retail trade in goods and services, both general and specific to the locality or attractor or principal activities. Areas designated tourist commercial are expected to be located near or adjacent to an attractor of tourism such as gulf beach frontage, theme parks, major public or private parks and other recreational or scenic resources.

(Ord. No. 11-02, § 3(4-841), 1-19-2011)

No land, body of water or structure may be used or permitted to be used and no structure may hereafter be erected, constructed, moved, altered or maintained in any conventional commercial district for any purpose other than as provided in section 4-661, pertaining to use regulations for conventional commercial districts, and section 4-662, pertaining to property development regulations for conventional commercial districts, except as may be specifically provided for in article VII (nonconformities) of this chapter, or in section 4-406.

(Ord. No. 11-02, § 3(4-842), 1-19-2011)

Use regulations for conventional commercial districts are as follows:

TABLE 4-661. USE REGULATIONS FOR CONVENTIONAL
COMMERCIAL DISTRICTS

Notes:

(1)

Permitted only when accessory to a lawfully permitted single-family dwelling unit.

(2)

If located within the U.S. 41 Overlay District, special exception approval required. See section 4-891.

(3)

Permitted only if completely enclosed within a building.

(4)

Establishments exceeding 40,000 square feet require PD zoning. See section 4-1560 et seq.

(5)

Limited to 500 square feet when in conjunction with one dwelling unit on the same premises.

(6)

Use only permitted when clearly incidental to a hotel or motel.

(7)

The following uses may be permissible seaward of the water body setback line only by special exception boat rentals (inflatables, sailboats, jet skis, windsurfers and the like), foodstands, rental of cabanas and beach furniture, outdoor amusements, including boat balloonist, and seaplane rides, water ski tows, parasail tows and similar activities, fishing and sightseeing piers and towers.

(8)

Bail bonding, blood banks, blood donor stations and caterers permitted only by special exception.

(9)

Excluding fast food restaurants for which drive-through facilities are permitted by right.

(10)

The total square footage of the residential uses shall not exceed the total square footage of all existing and proposed commercial uses on the subject property, and the total number of residential units shall not exceed the number of units permitted by the Bonita Plan, whichever is less.

(11)

Not permitted within 500 feet of the nearest residence.

(12)

Excluding supermarkets.

(13)

New facilities of 50 or more beds, or the expansion of an existing facility that will bring the number of beds to 50 or more, requires PD zoning. See section 4-272 and Table 4-740.

(14)

Use is prohibited within U.S. 41 Overlay District. See section 4-891.

(15)

Limited to those commodities and products which are permitted to be sold at retail, provided that parking meets the requirements for retail sales.

(16)

Automatic teller machines may only be approved by special exception.

(17)

Limited to rental of passenger cars, vans, and pickup trucks less than three-quarter ton capacity. Maintenance activities limited to washing, waxing, vacuuming and minor repairs but excluding activities classified as Automotive repair and service Groups I and II. See section 4-408(c)(2).

(18)

Two pumps are permissible as an accessory use to businesses (other than a convenience food and beverage store which is listed separately) to provide fuel for their own fleet of vehicles and equipment. Additional pumps require approval of a special exception.

(19)

Limited to eight pumps unless a greater number is approved as part of a special exception or as specifically approved in the master concept plan. An existing business with more than eight lawfully permitted pumps as of January 31, 1998, will not be considered nonconforming. Existing pumps may be modernized, replaced, or relocated on the same premises but additional new pumps will not be permitted.

(20)

Facilities proposed for ten or more acres or the expansion of an existing facility that will bring the number of acres to ten or more acres must request and be approved as a special exception.

(21)

For purposes of this use only, grade is the average elevation of the street or streets abutting the property. Average elevation of the street is measured along the centerline of the streets, at the points of intersection of the streets with the lot lines (as extended) and the midpoint of the lot frontage.

(22)

Reserved.

(Ord. No. 01-18; Ord. No. 03-15; Ord. No. 11-02, § 3(4-843), 1-19-2011; Ord. No. 13-05, § 4-843, 4-3-2013; Ord. No. 14-12, § 1, 6-4-2014; Ord. No. 14-18, § 2, 7-2-2014; Ord. No. 15-27, § 2, 12-2-2015; Ord. No. 17-03, § 1, 2-1-2017;Ord. No. 19-10, § 1(Exh. A), 11-20-2019)

Property development regulations for conventional commercial districts are as follows:

TABLE 4-662. PROPERTY DEVELOPMENT REGULATIONS FOR COMMERCIAL DISTRICTS

Notes:

(1)

Residential development shall not exceed that density permitted by the Bonita Plan for the land use category in which the property is located.

(2)

The minimum lot area required for nonresidential uses shall be applicable to combined commercial and residential living units approved by special exception in the same manner as if the residential use did not exist.

(3)

Modifications to required setbacks for arterial or collector streets are permitted only by variance. Modifications for solar or wind energy purposes, are permitted only by special exception. See section 4-1892 et seq.

(4)

Reserved.

(5)

No side yard setback is required from common lot line for two-family attached or townhouse.

(6)

Reserved.

(7)

Reserved.

(8)

No outdoor display or storage of merchandise shall be permitted in the CN-1 or CN-2 district.