This chapter shall be known and may be cited as the "Zoning Ordinance for the City of Bunnell, Florida."

(LDC 1991, ch. 4, art. I)

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:

Adult arcade amusement centers means adult arcade amusement centers or other similar entertainment enterprise or business at which electronic, mechanical, coin-operated, computer, video or other similar games of amusement, chance or skill are played, whether for consideration or not when the games are similar to, or in the nature of, slot machines. The presence of games or gaming devices that are similar to, or in the nature of, slot machines shall result in a rebuttable presumption that the enterprise or business at which such machines are located is an adult arcade or amusement center.

Area, building means the total area taken on a horizontal plane at the average ground elevation of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.

Assembly means the act of combining parts or pieces to produce a product.

Buildable area of a lot means that portion of a lot bounded by the required rear and side yards and the building front setback line.

Club, private means an organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes which are not conducted primarily for gain, providing that any vending stands, merchandising or commercial activities are conducted only as required generally for the membership of such club.

Commission means the city commission of the city.

Coverage means the lot area covered by all buildings located therein, including the area covered by all overhanging roofs.

Design capacity means the maximum number of persons which can be accommodated at any one time within a reasonable degree of comfort, safety and convenience, as set forth in the Life Safety Code or as determined by jurisdictional authority.

District means any section or sections of the city for which the regulations governing the use of land and the use, density, bulk, height, and coverage of buildings and other structures are uniform.

Dwelling unit means one or more rooms and a single kitchen designed as a unit for occupancy by only one family for cooking, living, and sleeping purposes.

Enclosed building means a building enclosed on all sides by a permanent roof and exterior walls pierced only by windows and normal entrance or exit doors.

Farmer's market means a public market at which farmers and other vendors sell produce directly to consumers.

Flea market means a public market at which vendors sell goods, services, wares, merchandise, beverages or food of any kind.

Gasoline service station means any area of land, including structures thereon, that is used for the retail sale of gasoline or oil with butane or propane fuels. Incidental services include facilities for lubricating, and washing and cleaning, or otherwise servicing automobiles, but not including painting, major repair or automatic washing.

Land clearing debris means rocks, soils, tree remains, trees, and other organic material that normally results from land clearing or land development operations for a construction project. Yard debris or yard waste shall not be considered land clearing debris.

Manufactured building/housing means a type of prefabricated building or structure built after 1976 to federal codes governed by the U.S. Department of Housing and Urban Development. They are built with axles and a fixed steel chassis to assure the initial and continued transportability. Manufactured buildings are delivered on wheels attached to the fixed chassis which may be removed once delivered. Skirting or siding may be added around the bottom to hide where the wheels were attached. It is possible to reattach wheels and move a manufactured building to another location in the future.

Manufacturing means the act of making a product from raw materials, especially by means of a large scale industrial operation.

Material recovery facility or municipal recycling facility (MRF) means a type of solid waste management facility which engages in the recycling or processing of materials, municipal solid waste (MSW), construction and demolition debris (C&D) including rock and dirt, commingled recycling and paper for sorting and recycling byproduct, and any form of organic material such as, but not limited to, land clearing debris, leaves, and yard debris.

Medical facilities means:

(1)

Convalescent, rest or nursing home: A health facility where persons are housed and furnished with meals and continuing nursing care for compensation.

(2)

Dental clinic or medical clinic: A facility for the examination and treatment of ill and afflicted human outpatients provided, however, that patients are not kept overnight except under emergency conditions.

(3)

Dental office or doctor's office: Same as dental or medical clinic.

(4)

Hospital: An institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities, central service facilities, and staff offices which are an integral part of the facilities.

Mobile home park means any area, tract, site or plot of land whereupon a minimum of 15 mobile homes as herein defined are placed, located or maintained, or intended to be placed, located or maintained and shall include all accessory buildings used or intended to be used as part of the equipment thereof.

Modular building/home means a sectional prefabricated building or structure built to regional, state or local building codes that may consist of multiple sections that are constructed at a remote facility. The sections are transported to building sites on truck beds and set together on a permanent foundation by large cranes with finishing completed by construction crews. Once together and sealed, the building becomes one integrated wall, floor and roof assembly. Modular buildings and homes do not have axles or a fixed chassis and designed not to be moved once placed on site.

Outside storage means the outdoor placement or leaving of merchandise, products, or materials in bulk quantities for future use or preservation; and associated with land uses such as the rental, distribution, or wholesale sale of products, supplies, and/or equipment. This definition excludes outdoor display of product for retail sale, vehicle dealerships, nurseries, and similar uses.

Permanent makeup means a cosmetic technique which employs tattoos (permanent pigmentation of the dermis) as a means of producing designs that resemble makeup, such as eye lining and other permanent enhancing colors to the skin of the face, lips and eyelids. Also to produce artificial eyebrows and to disguise scars and white spots in the skin such as in vitiligo. Also to restore or enhance the breast's areola, such as after breast surgery.

Required setback means a distance required to obtain the minimum front, side, and rear yards required in this chapter.

School, public means a tax-supported institution of learning, including colleges and universities.

Solid waste or MSW means municipal solid waste (MSW) that includes household and restaurant/commercial garbage.

Solid waste management facility means any facility requiring a Florida Department of Environmental Protection (FDEP) solid waste management facility permit and/or a city facility operating permit [as required in Chapter 50 of the Code of Ordinances], for which the purpose of such facility is resource recovery or the disposal, recycling, processing, or storage of solid waste.

Structure means a combination of materials to form a construction that is safe and stable and includes among other things, stadiums, platforms, radio and television towers, sheds, storage bins, fences, and display signs.

Tractor trailer storage yard means an area dedicated to the parking or storage of road tractors, semi-trailers, and truck tractors not including those used in direct conjunction with a legally-permitted business lawfully operating within the parcel.

Yard waste or yard debris means any organic waste materials resulting from the maintenance of lawns, gardens and other outdoor areas, that include, but are not limited to, leaves, grass clippings, branches, twigs, and weeds.

(LDC 1991, ch. 4, art. VIII; Ord. No. 2008-27, § 1, 7-1-08; Ord. No. 2009-16, § 1, 6-16-09; Ord. No. 2009-28, § 1, 9-28-09; Ord. No. 2010-08, § 1, 11-22-10; Ord. No. 2010-16, § 1, 11-22-10; Ord. No. 2014-09, § 1, 4-14-14; Ord. No. 2024-19, § 2, 10-28-24)

Cross reference— Definitions generally, § 1-2.

Except as hereinafter provided:

(1)

No building shall be erected, reconstructed or structurally altered, nor shall any building or land be used which does not comply with the regulations for the district in which such building or land is located.

(2)

No building shall be erected, reconstructed or structurally altered to exceed the height or bulk limits herein established for the district in which such building is located.

(3)

The minimum open space around a main building as provided for in this chapter shall not be encroached upon or be considered as open space for any other building.

(4)

There shall not be more than one main building and its customary accessory buildings on a lot designed by this chapter.

(5)

The uses of buildings and land publicly owned and used in the performance of a public function may be permitted in any district provided such use is approved by the city commission.

(LDC 1991, ch. 4, art. IX, § IV)

All principal permitted uses shall be located and shall occur within an enclosed building, unless the City of Bunnell Land Development Code specifically authorizes the use to occur in an unenclosed building, or the use is an outdoor use by its very nature. For example, agricultural uses, farmer's markets, flea markets, the retail sale of motor vehicle fuels, carwashes, and many recreational uses, such as those occurring on school grounds or in parks, are presumed to occur outdoors or within an unenclosed building.

(Ord. No. 2010-16, § 1, 11-22-10)