No lot, yard, setback, clearance, parking area or other space shall be reduced in area or other dimension less than the minimum required by this chapter. If already less than the minimum required by this chapter for a new building or use, such area or dimension shall not be further reduced.

(Code 1967, § 29-63; Code 1987, § 20-101; Ord. No. 460, § 2.04, 7-16-1963)

Where a lot is located on a corner or is bounded on two sides by streets, front yards, when required, shall be provided on both streets, and accessory buildings shall not be located in either front yard.

(Code 1967, § 29-64; Code 1987, § 20-102; Ord. No. 460, § 2.06, 7-16-1983; Ord. No. 771, § 7, 4-8-1997)

(a)

Intent.

(1)

Within the districts established by this article or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before this article was passed or amended, but which would be prohibited or regulated and restricted under terms of this article or future amendments thereto.

(2)

It is the intent of this article to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this article to be incompatible with permitted uses in the districts involved. It is further the intent of this article that nonconformities shall not be enlarged upon, expanded, extended, or reconstructed to continue nonconformity after major damage, or used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(b)

Nonconforming lots.

(1)

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the ordinance from which this chapter is derived. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for the area or width, or both, that are generally applicable to the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of area, width and yard requirements shall be obtained only through action as outlined within the Code.

(2)

If three or more lots or combination of lots and portions of lots with continuous frontage with single ownership are of record as of July 16, 1963, and if all or parts of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered an undivided parcel for the purposes of this chapter, and no portion of such parcel shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter. If a sufficient demonstrable hardship arises out of the provisions of this section, variance for area, width and yard requirements may be granted as outlined within this Code.

(c)

Nonconforming uses of land. Where, at the effective date of adoption or amendment of the ordinance from which this article is derived, lawful use of land exists that is made no longer permissible under the terms of this article as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged or increased, nor extended or occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance from which this article is derived;

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance from which this article is derived;

(3)

If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this article for the district in which such land is located.

(d)

Nonconforming structures. If a lawful use of a structure or of structure and premises in combination exists at the effective date of adoption or amendment of the ordinance from which this article is derived, that would not be allowed in the district under the terms of this article, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this article in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;

(2)

Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance from which this article is derived. Any nonconforming use which occupied a portion of a building not originally designed or intended for such use shall not be extended to any part of the building. No nonconforming use shall be extended to occupy any land outside the building nor any additional building on the same plot not used for such nonconforming use at the effective date of the ordinance from which this article is derived;

(3)

There may be a change of tenancy, ownership or management of a nonconforming use, provided there is no change in the nature or character of such nonconforming use, except as may be permitted by this section;

(4)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use, provided that the city by general rule or by making a finding in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the city may require appropriate conditions and safeguards in accordance with the provisions of this article;

(5)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed;

(6)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(e)

Discontinuance or abandonment of a nonconforming use.

(1)

If for any reason a nonconforming use of land that contains no individual structure with a replacement cost exceeding $1,000.00 ceases or is discontinued for a period of more than one year, the land shall not thereafter be used for a nonconforming use, except that this restriction shall not apply to nonconforming agricultural uses.

(2)

If for any reason the nonconforming use of a building ceases or is discontinued for a period of 12 months or more, the building shall not thereafter be used except in conformity with the regulations of the district in which it is located, unless the owner meets any one of the following criteria as determined by the building and zoning official:

a.

Existence of a valid, unexpired occupational license for the premises;

b.

Continuance of utility connections;

c.

Active marketing of the property;

d.

A sign placed on the premises, visible from the street, declaring the property for sale, rent, or lease will qualify as meeting this provision;

e.

Legal proceedings related to change of ownership (foreclosures, bankruptcies, etc.);

f.

Temporary or short-term interruptions in a use during periods of remodeling, maintaining or rearranging a facility, or during normal periods of vacation or seasonal closure, and changes of use or tenancy, or periods during which the property is being held for sale or lease.

(f)

Repairs, maintenance, and improvements. Repairs, maintenance, and improvements may be carried out in any one year in an amount not to exceed 50 percent of the assessed value of the structure for that year, and provided that such work does not increase the cubical content of the building nor the floor area devoted to the nonconforming use, nor increase the number of dwelling units. Nothing in this section shall prevent compliance with applicable laws or resolutions relative to the safety and sanitation of a building occupied by a nonconforming use.

(g)

Reconstruction after catastrophe. If any nonconforming structure, or building in which there is a nonconforming use is damaged by fire, flood, explosion, collapse, wind, war, or other catastrophe to such an extent that the cost of rebuilding, repair, and reconstruction will exceed 50 percent of its replacement cost at the time of the damage, it shall not be again used or reconstructed except in full conformity with the regulations of the district in which it is located.

(h)

Uses under special exception. Any use for which a special exception is permitted as provided in this article shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district.

(i)

Casual, temporary, or illegal use. The casual, temporary, or illegal use of land or structures, or land and structures in combination, shall not be sufficient to establish the existence of a nonconforming use or to create any rights in the continuance of such use.

(j)

Effect of eminent domain proceedings. Where any level of government authorized to exercise the power of eminent domain acquires for a public purpose all or a portion of property on which, at the date of the adoption of the ordinance from which this article is derived, there existed a nonconforming use and/or structure, the nonconforming use and/or structure may be moved, reconstructed, or extended into other adjacent lands under the same ownership without losing its rights of nonconformity. Regardless of any other provision in this article, said structure or use of one similar in character and size shall be permitted to be constructed on land adjacent to the original site, provided that the area of land used or size of structure shall not exceed in size the original area or size. If any level of government authorized to exercise the power of eminent domain acquires property for a public purpose and creates a nonconforming use, structure or land, then the use, structure or land shall be determined to be conforming. The status of each use, structure or land will be determined by the zoning official.

(k)

Parking. Any existing multiple-family residential or nonresidential building or structure made nonconforming as to parking space requirements by this chapter may be continued indefinitely; provided, however, that upon the extension or enlargement of such use, there must be compliance with the parking space requirement of this chapter unless a nonconformity relief from the otherwise required off-street parking is granted.

(l)

Nonconformity relief procedures.

(1)

Requests for nonconformity relief shall be made on application forms provided by the city. The application shall be filed with the administrative body initially responsible for review of the subject project pursuant to article XI of this chapter. The application shall be accompanied by a site plan in such detail as may be reasonably required by the administrative body to which the application must be initially submitted, as provided above, depicting the nonconformity and the requested nonconformity relief, and its relationship with surrounding properties.

(2)

Nonconformity relief shall only be granted if the following are found:

a.

Development of the property for permitted uses is not reasonably possible without the nonconformity relief;

b.

Except as otherwise expressly provided in this article, the nonconformity relief shall not increase or create a nonconforming use or condition;

c.

The nonconformity relief can be granted without any significant adverse impact on surrounding properties and is not detrimental to the public health, safety and welfare;

d.

The nonconformity relief granted is the minimum necessary to accommodate the proposed use; and

e.

The adverse impact on surrounding properties of the nonconformity relief would be substantial but may be mitigated, and granting the nonconformity relief is conditioned upon performance of such mitigating measures.

(3)

An application for nonconformity relief shall be reviewed simultaneously with the project accordance with the review procedures applicable to such project pursuant to this article. The granting or denial of the requested nonconformity relief shall be made part of the final disposition of the review of such project.

(4)

Any party aggrieved by a decision pertaining to the granting or denial of nonconformity relief may file an administrative appeal pursuant to section 44-289.

(Code 1987, § 20-103; Ord. No. 771, § 9, 4-8-1997)

Community residential homes as defined in F.S. § 419.001 shall be allowed in all residential districts subject to the siting and limitation procedures delegated to local governments pursuant to F.S. ch. 419 and local laws and ordinances to the extent that they do not conflict with F.S. ch. 419. Siting and local law and ordinance approval and compliance shall be determined by the city council.

(Code 1967, § 29-67; Code 1987, § 20-105; Ord. No. 460, § 2.08, 7-16-1963; Ord. No. 695, § 4, 1-6-1992; Ord. No. 771, § 10, 4-8-1997)

Every part of a required yard shall be open and unobstructed from the ground to the sky, except as provided in this section or as otherwise permitted in this chapter:

(1)

Sills or belt courses may project not over 12 inches into a required yard.

(2)

Cornices, eaves, gutters or movable awnings may project not over three feet into a required yard, provided, that where the yard is less than five feet in width, such projection shall not exceed one-half width of the yard.

(3)

Chimneys, pilasters or fireplaces may project not over two feet into a required yard.

(4)

Fire escapes, stairways and balconies which are unroofed and unenclosed may project not over five feet into a required rear yard or not over three feet, eight inches into a required side yard of a multiple-dwelling, hotel or motel.

(5)

Hoods, canopies or marquees may project not over three feet into a required yard, but shall not extend closer than one foot to any lot line.

(6)

Accessory parking may be located in a required side yard if the area so used for parking is properly screened by a fence, wall or planting from contiguous private property.

(Code 1967, § 29-68; Code 1987, § 20-106; Ord. No. 460, § 2.09, 7-16-1963)

(a)

Location; height. The owner or occupant of private real property shall not permit the growth of shrubbery above the height of 30 inches; nor shall tree branches be permitted below the height of ten feet measured from base of a shrub or tree; and no fence, wall, hedge or other structure shall be erected or placed which will obstruct, from a stop street or alley or any street which may hereafter be changed to a stop street, a driver's view of approaching traffic on a through street 150 feet in each direction.

(b)

Exceptions to subsection (a) of this section. Subsection (a) of this section shall not apply to utility poles and existing trees existing as of the date of enactment of the ordinance from which this section is derived with a trunk diameter of four inches or more, except for the growth between 30 inches and ten feet.

(c)

Fence construction and maintenance. It shall be a violation under this article for any person, owner, occupant or any person in charge or in control of any property within the city limits to erect or maintain a structure to serve as a fence in a manner that endangers the health, safety and welfare of the public as described in this section. Violations may include, but are not limited to:

(1)

Barbed wire or similar wire capable of puncturing or cutting a person, except when used on top of a chain-link fence in a nonresidential use or when deemed necessary by the city to protect the public health, safety and welfare.

(2)

Fences less than four feet in height.

(3)

Wood, metal or petroleum-based sheeting material, unless specifically designed for the construction of fences.

(4)

Masonry products, such as concrete blocks, bricks or other similar products not bonded together by mortar or other commonly approved adhesives between the components to create a fence or wall.

(d)

Maintenance. All fences on properties covered by this chapter shall be kept in good repair, free from accident hazards, and shall be of weather-resistant material.

(e)

Fence placement and size.

(1)

Residential properties. Fencing used from the front face of the residential house or main building located on any lot must be four feet in height. From the front face of the building or house means the side or wall of a building approximately parallel and nearest to the street. When on a corner, frontage of a building shall be determined by the engineering inspector. Fencing used from the front face of a building or house running to the rear property line may be six feet in height. Fencing running along any rear property line may be six feet in height.

(2)

Commercial lots and properties. Fencing used for screening service areas (e.g., dumpsters, loading docks, compactors and site storage areas) shall be a minimum of six feet in height, but may be no more than eight feet in height. For commercial lots and properties where fencing is used to screen commercial use from residential use, the fencing shall be a minimum of six feet, but not more than eight feet, in height.

(3)

Obstruction of line of sight. Fencing along residential or commercial property lines shall not, at a point along any separation line between property or lot where a fence, hedge, shrubs, trees or other structure, if erected or placed, will obstruct from a stop street, alley, driveway or any street which may hereafter be changed to a stop street, a driver's view of approaching traffic on a through street for a distance of 150 feet in any direction.

(4)

Complementary side of fencing. Residential and commercial fencing will be constructed in a manner as to display the complementary side of the fence or other structure in the direction of the surrounding properties.

(f)

Residential swimming pool fencing. The city hereby adopts F.S. ch. 515, Preston de Ibern/McKenzie Merriam Residential Swimming Pool Safety Act.

(g)

Enforcement; penalties for failure to maintain or the violation of any part of this article. Any person, firm, entity, partnership, trust, corporation, association or owner failing to comply with the provisions of this article within 28 days of notification shall be guilty of a civil infraction. Enforcement of this article will be subject to penal provisions of chapter 1, article II.

(Code 1967, § 29-69; Code 1987, § 20-107; Ord. No. 460, § 2.10, 7-16-1963; Ord. No. 771, § 11, 4-8-1997; Ord. No. 859, § 2, 11-8-2005)

(a)

In residential districts, all accessory buildings and uses shall not be located in any required yard other than a rear yard.

(b)

In residential districts, all accessory buildings and uses in rear yards shall be located at least five feet from any lot line, at least 15 feet from any street line and at least ten feet from any main buildings or other accessory buildings. Accessory buildings and structures shall not exceed two stories or 35 feet in height.

(c)

In any residential district, an accessory building or structure shall not be of greater height than a principal building on a lot.

(d)

Accessory buildings shall not occupy more than 35 percent of a rear yard area.

(Code 1967, § 29-70; Code 1987, § 20-108; Ord. No. 460, § 2.11, 7-16-1963; Ord. No. 771, § 12, 4-8-1997)

Towers, cupolas, chimneys, etc., exceeding the height limit are subject to approval of the planning and zoning commission.

(Code 1967, § 29-71; Code 1987, § 20-109; Ord. No. 460, § 2.12, 7-16-1963; Ord. No. 771, § 13, 4-8-1997)

Essential utility services are exempted from the provisions of this Code or other zoning regulations and shall be regulated by other city ordinances.

(Code 1967, § 29-72; Code 1987, § 20-110; Ord. No. 460, § 2.13, 7-16-1963)

A lot or parcel of land which has less area or width than that required in the district may not be cut off from a larger parcel if the purpose is building or development as a separate lot.

(Code 1967, § 29-73; Code 1987, § 20-111; Ord. No. 460, § 2.14, 7-16-1963)

(a)

No junkyards shall be permitted within 300 feet of a residential district.

(b)

The entire junkyard area shall be surrounded by a substantial and continuous eight-foot opaque wall or fence without openings except for entrances and exits.

(Code 1967, § 29-74; Code 1987, § 20-112; Ord. No. 460, § 2.15, 7-16-1963; Ord. No. 771, § 14, 4-8-1997)

There shall be no moving of buildings or structures unless there is a conformity with the regulations in the district to which they are being moved.

(Code 1967, § 29-75; Code 1987, § 20-113; Ord. No. 460, § 2.17, 7-16-1963)

The size and design of entrances and exits for vehicles shall conform to state and local requirements.

(Code 1967, § 29-76; Code 1987, § 20-114; Ord. No. 460, § 2.18, 7-16-1963)

(a)

All yard setbacks shall be measured from the lot line regardless of the size of the lot.

(b)

A lot must have a minimum frontage width of 30 feet to be used for dwelling purposes.

(c)

Lot widths shall be measured at the building line.

(Code 1967, § 29-77; Code 1987, § 20-115; Ord. No. 460, § 2.19, 7-16-1963)

(a)

Purpose. It is the purpose of this section to encourage new development and redevelopment of exceptionally high quality and design and that furthers city policies as established in the city comprehensive plan. The density and intensity bonuses set forth in this section are intended to encourage the provision of affordable housing and recreational facilities. The purpose of the affordable housing density bonus is to expand housing opportunities for low and moderate income persons throughout the city by providing increased residential densities to developers who guarantee that a portion of the developers' housing development will be affordable to persons of low and moderate income. The purpose of the recreational bonus is to expand recreational opportunities in the city and to permanently preserve open space.

(b)

Applicability. Density and intensity bonuses may be utilized in any land use category except the recreation and open space categories. However, if in any case the administration of this section conflicts with F.A.C. ch. 64E-6, Standards for On-Site Sewage Disposal Systems, the standards of F.A.C. ch. 64E-6 shall apply.

(c)

Calculation of bonuses. Density and intensity bonuses shall be based on the following bonus allocation system:

(1)

Provision of affordable housing. Determine the percentage of total housing units in a residential project that are devoted to affordable housing, and calculate that percentage as a bonus, up to a maximum of 25 percent.

(2)

Provision of active recreational facilities. Determine the percentage of the total acres in the project that are devoted to active recreational use, and calculate half that percentage as a bonus, up to a maximum of ten percent. To qualify for a bonus, the recreation facilities may not be used to satisfy the minimum open space requirements.

(d)

Affordable housing density bonus.

(1)

Submittals. All proposed development requesting additional density for the provision of affordable housing shall provide the following information on the application for development approval:

a.

The application for approval of a proposed development shall indicate that the development approval is requested through compliance with the bonus standards.

b.

The application shall clearly show the units affordable by persons and families of low or moderate income, showing the basis for the requested density bonus.

(2)

Review of density bonus application.

a.

After a duly noticed public hearing, the city council may grant a density bonus for projects that include units affordable to low or moderate income persons, allowing a greater number of units than the maximum allowed. The number of bonus units shall not exceed 25 percent of the maximum number of units permitted in the base district without a density bonus.

b.

If the density bonus is approved, the developer shall enter into an agreement with the city. The city attorney shall approve all such agreements prior to execution. The agreement shall contain, among other items, the terms and conditions of the deed restrictions to be placed on the units to ensure that the units remain affordable to low and moderate income persons for a period of at least 30 years. The restrictions shall run with the land and shall be enforceable by the city until such restrictions expire.

(3)

Location of affordable units. In order to qualify for a density bonus, the affordable units may be located on-site and integrated into the development project or off-site, provided that the applicant makes a satisfactory showing to the city council that the units will be located in an area with a demonstrated need for affordable housing units.

(4)

Criteria for affordable housing.

a.

A housing unit shall be considered affordable housing if it meets, and continues to meet in the 30 years, one of the two following conditions:

1.

Has an annual rental rate that is less than or equal to 33 percent of the median family income of the city; or

2.

Has an annual cost (including property taxes), after a ten percent down payment, that is less than or equal to 33 percent of the median family income of the city.

b.

The city median family income shall be that figure published and periodically updated for the city as a whole by the U.S. Department of Housing and Urban Development (HUD) or another source determined to be more appropriate by the city council.

(e)

Bonus for active recreational facilities.

(1)

Submittal requirements. To qualify for a density or intensity bonus, a proposal for a project that includes active recreational facilities beyond those otherwise required by the city shall be accompanied by an agreement to be recorded with the city clerk, guaranteeing the construction of those facilities in a timely manner acceptable to the city. The documents shall not be accepted until approved by the city attorney as to legal form and effect.

(2)

Recreational facilities standards. The city shall find that the recreation facilities are provided in addition to the minimum open space requirements, that there exists a demonstrated need for the facilities in the proposed location and that the proposal is consistent with recreation and open space elements of the comprehensive plan. The types of recreational facilities that would qualify a project for a density or intensity bonus include, but are not limited to:

a.

Pedestrian walking trails, bikeways and equestrian trails;

b.

Swimming pools;

c.

Tennis courts;

d.

Playgrounds equipped with a full complement of playground equipment; and

e.

Golf courses.

(Code 1987, § 20-116; Ord. No. 695, § 7, 1-6-1992)