The map referred to in section 44-31 and this chapter shall in combination be known as "the zoning code."

(Code 1967, § 29-1; Code 1987, § 20-1; Ord. No. 460, § 1.01, 7-16-1963)

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

Accessory use of structure means a use or structure on the same lot, with and of a nature customarily incidental and subordinate to the principal use or structure.

Alley means a narrow thoroughfare dedicated or used for public use upon which service entrances of buildings abut, which is not generally used as a thoroughfare by both pedestrians and vehicles, or which is not used for general traffic circulation, and is not otherwise officially designated as a street.

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

Apartment building means a building which is used or intended to be used as a home or residence for three or more families living in separate apartments.

Apartment, efficiency, means a dwelling unit in a multiple-dwelling, consisting of not more than one habitable room, together with a kitchen or kitchenette and sanitary facilities.

Apartment garage means a building designed and used exclusively for the housing of automobiles belonging to occupants of apartment buildings on the same premises.

Bar or saloon means any place devoted primarily to the retailing and drinking of malt, vinous or other alcoholic beverages, or any place where any sign is exhibited or displayed indicating that alcoholic beverages are obtainable for consumption on the premises.

Billboard means a surface whereon advertising matter is set in view conspicuously, which advertising does not apply to premises or any use of premises where it is displayed or posted.

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

Carport means a private garage not completely enclosed by walls and doors.

Club, private, means and includes those associations and organizations of a fraternal or social character not operated or maintained for profit. The term "private club" shall not include casinos, nightclubs or other institutions operated as a business.

Commercial vehicle means any vehicle designed, intended or used for the transportation of people, goods or things, other than private vehicles and trailers for private nonprofit transport of goods and boats.

Convalescent home means a building, or portion thereof, wherein, for compensation, living accommodations and care are provided for persons suffering from illness, other than mental or contagious, which is not of sufficient severity to require hospitalization, or for persons requiring further institutional care after being discharged from a hospital other than a mental hospital.

Coverage means that percentage of the plot area covered or occupied by buildings or roofed portions of structures.

Depth of a lot means the distance between its mean front street line and its mean rear line.

District means a portion of the territory of the city for which certain uniform regulations and requirements or various combinations thereof apply under the provisions of the zoning code.

Drive-in restaurant or refreshment stand means any place or premises used for the sale, dispensing or serving of food, refreshments or beverages in automobiles.

Dwelling means a building or portion thereof designed exclusively for residential occupancy, including one-family, two-family and multiple-family dwellings, but not including hotels, boardinghouses, lodginghouses or house trailers, whether such trailers are mobile or located in a stationary fashion, as when on blocks and other foundation.

Dwelling unit means a space, area or portion of a building designed for and occupied by one family as a dwelling, with cooking facilities for the exclusive use of such family.

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

Essential services means the erection, construction, alteration or maintenance, by private utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or governmental agencies or for the public health or safety or general welfare, but not including buildings.

Family means one person, or a group of two or more persons living together interrelated by bonds of blood, marriage or legal adoption, occupying the whole or part of a dwelling as a separate housekeeping unit with a single set of culinary facilities.

Frontage of a building means the side or wall of a building approximately parallel and nearest to a street. When on a corner, the frontage of a building shall be determined by the building and zoning director.

Garage, private, means an accessory structure designed or used for inside parking of self-propelled private passenger vehicles by occupants of the main building. A private garage attached to or part of the main structure is to be considered part of the main use. An unattached private garage is to be construed as an accessory building.

Grade, established, means the average elevation of the public sidewalks around or abutting a plot, or in the absence of sidewalks, the average elevation of the public streets abutting the plot.

Grade, finished, means the finished grade of premises improved by a building in the elevation of the surface of the ground adjoining the building. Where the finished grade is below the level of the established grade, the established grade shall be used for all purposes of this chapter.

Height of building means the vertical distance measured from the mean level of the finished grade to the level of the highest point of the underside of the finished ceiling line. Where a structure is set back from the street line, the mean level of the finished grade of the premises along the line of that part of the structure nearest the street line may be substituted for the established grade for the purpose of determining the height of a building.

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

Land includes water surface and land under water.

Lodginghouse means a building or part thereof other than a hotel or motel, where sleeping accommodations are provided for hire more or less transiently without provision for cooking for guests or meals for guests.

Lot, for zoning purposes as covered by this chapter, means a parcel of land at least of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yard and other open spaces as are required in this chapter. Such lot shall have a frontage on an improved public street, and may consist of:

(1)

A single lot of record;

(2)

A portion of a lot of record;

(3)

A combination of complete lots of record, of complete lots of record and portions of lots of record, or portions of lots of record;

(4)

A parcel of land described by metes and bounds descriptions, provided that in no case of division or combination shall any residential lot or parcel be created which does not meet the requirements of this chapter.

Motel means a building or part thereof in which sleeping and/or living accommodations are offered to the public primarily on a short-term or transient basis, with access to the individual units from the exterior of the building and parking facilities for the use of the guests near such guests' quarters.

Nightclub means a restaurant, dining room, bar or other similar establishment providing food or refreshments wherein floor shows or other forms of entertainment by persons are provided for guests after 11:00 p.m.

Nonconforming structure means a structure or portion thereof existing on July 16, 1963, which was occupied, designed, erected, intended or structurally altered for a use not permitted at its location by the provisions of this chapter for a new use, and/or which does not conform to all the regulations applicable to the district in which it is located.

Nonconforming use means a nonconformity that occurs when property is used for a purpose or for any manner made unlawful by the list of permitted uses, land use development criteria, commercial location standards, buffer zone standards, or any other regulations, development standards or dimension requirements applicable to the subject property under this chapter which is adopted subsequent to the creation of such use.

Nonconformity means a situation that occurs when, on the effective date of the ordinance from which this chapter is derived, an existing lot, structure or improvement or the use of an existing lot, structure or improvement no longer conforms to one or more of the regulations applicable to the zoning district in which the lot, structure or improvement is located.

Nursery school means a place for the day care and instruction of children not remaining overnight.

Nursing home means a home for aged, chronically ill or incurable persons in which persons not of the immediate family of the occupants are received, kept and provided with food and shelter or care, for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Package store means a place where alcoholic beverages are dispensed and sold in containers for consumption off the premises.

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

Porch means a roofed-over space attached to the outside of an exterior wall of a building, which has no enclosure other than the exterior wall of such building. Open mesh screening shall not be considered an enclosure.

Remodeling, redecorating or refinishing means any change, removal, replacement or addition to walls, floors, ceilings and roof surfaces or coverings which do not support any beams, ceiling, floor load, bearing partitions, columns, exterior walls, stairways, roofs or other structural elements of a building or structure.

Repair and/or maintenance means any action which corrects defects in or which extends the useful life of or which brings a building, structure or use, including parking, into conformance with applicable building, electrical, mechanical, fire, health, safety or related city codes and chapters.

Restaurant means a building or room, not operated as a dining room in connection with a hotel, where food is prepared and served, for pay, for consumption on the premises.

Room means an unsubdivided portion of the interior of a dwelling, excluding bathrooms, kitchens, closets, hallways and service porches.

Service station means an establishment conducted principally for the business of fueling and lubricating motor vehicles and for performance of incidental service to motor vehicles, such as washing, cleaning, polishing, tire changing and repair, battery recharging and replacement and the like, including the sale of tires, batteries and incidental vehicle accessories, but not including any mechanical repair, body or upholstery repair upon vehicles or the storage of vehicles. Any establishment performing mechanical or electrical, body, upholstery repair or work upon vehicles or storing vehicles shall be deemed to be an auto repair shop or public garage.

Street means a thoroughfare used for public foot and vehicular traffic other than an alley, as defined in this section.

Street line means the line between the street and abutting property as such line may be determined.

Structural value means the present-day cost of replacing the building, structure or its improvement, including the land on which the building or structure is situated, as determined by the valuation as reflected by the most recent county property appraiser valuation.

Travel trailer or recreational vehicle means a type or unit as defined by F.S. § 320.01, to include a camping trailer, truck camper, private motor coach, van conversion, fifth-wheel trailer and park trailer.

Used includes arranged, designed, contracted, altered, constructed, converted, rented, leased or intended to be used.

Used car lot means a lot or group of contiguous lots used for the display and sale of used automobiles, and where no repair work is done except the necessary reconditioning of the cars to be displayed and sold on the premises.

Width of a lot means the distance between the side lines thereof if such lines are parallel to each other. If side lines are not parallel, width shall be construed as mean width.

Yard means an open space on the same lot with a building, unoccupied and unobstructed from the ground upward except by grass or shrubbery, or as otherwise provided in this chapter.

(Code 1967, § 29-2; Code 1987, § 20-2; Ord. No. 460, §§ 17.01, 17.02, 7-16-1963; Ord. No. 771, § 8, 4-8-1997; Ord. No. 835, § 5, 6-10-2003)

The provisions of this chapter cover all buildings, structures and uses of land within the city.

(Code 1967, § 29-3; Code 1987, § 20-3; Ord. No. 460, § 103, 7-16-1963)

If the regulations of this chapter are more restrictive than any covenants, easements or private agreements, the chapter provisions prevail. If the covenants, private agreements or easements are more restrictive, they shall prevail.

(Code 1967, § 29-4; Code 1987, § 20-4; Ord. No. 460, § 1.08, 7-16-1963)

When any public street or alley is vacated, the district regulations for the abutting property are extended to the center of the vacated area.

(Code 1967, § 29-5; Code 1987, § 20-5; Ord. No. 460, § 1.11, 7-16-1963)

Written complaints shall be filed with the building and zoning director, who shall take immediate action.

(Code 1967, § 29-6; Code 1987, § 20-6; Ord. No. 460, § 1.12, 7-16-1963)