(a)

By the provisions of F.S. ch. 166, authority has been granted to the city for the purpose of planning and zoning.

(b)

Such authority has been granted to the city in the interests of promoting and maintaining the health, safety and general welfare of the city and its inhabitants. In doing so, the city shall set forth the districting or zoning of the city for the purpose of regulating the location of residences, trades, industries and other uses of property; and for the purpose of regulating the height of buildings and other structures and the dimensions of lots, yards and other open spaces in connection with buildings and other structures; and for the purpose of regulating the density of population and the location and use of buildings, structures, land and water for residences, trade or industry in conformity with any other restrictions or regulations established by building codes, subdivision requirements and the like.

(c)

These regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from catastrophe; to provide adequate light and air; to prevent the overcrowding of land; to avoid the undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements.

(d)

Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the community.

(Code 1982, § 24-2; Code 1999, § 110-1)

(a)

Construction. Specific terminology shall control general terminology.

And/or. Unless the context clearly indicates to the contrary, where a regulation includes two or more items, conditions or provisions or events connected by the conjunction "and," "or," or "either … or," the conjunction shall be interpreted as follows:

(1)

And indicates that all connected items, conditions, provisions or events shall apply.

(2)

Or indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

(3)

Either … or indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

Building or structure. A building or structure includes any part thereof.

Includes shall not limit a term to the specified examples, but is intended to extend its meeting to all other instances or circumstances of like kind or character.

Lot includes the terms "plot" and "parcel."

Meaning. In case of any differences of meaning or implication between the text of this chapter and any caption, illustration, summary table or illustration table, the text shall control.

Used or occupied includes the terms "intended," "designed" and "arranged to be used or occupied."

(b)

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

Accessory use, building or structure means a use, building or structure on the same lot with and a nature customarily incidental and subordinate to the principal building or structure. Accessory structures, or private recreational facilities shall include, but not be limited to unattached carports, unattached sheds, garages, tennis courts, and swimming pools.

Apartment means a room or suite of rooms intended or designed for use as a residence by a single family, including bath and culinary accommodations.

Archaeological site means any subsurface remains of historical, cultural, archaeological or architectural importance, or any unusual ground formations of archaeological significance.

Automated teller machine means an electronic banking facility that is open to the general public and allows customers to perform financial transactions without the assistance of any bank employees.

Awning means architectural projection that provides weather protection, identity and/or decoration and is wholly supported by the building to which it is attached. An awning is comprised of a lightweight, rigid or retractable skeleton over which an approved cover is attached.

Bank means a financial institution that is open to the general public and engaged in deposit banking, and that performs closely related functions such as making loans, investments, and fiduciary activities.

Building means any structure, either temporary or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals, vehicles, goods, merchandise, equipment, materials or property of any kind.

Building, accessory, means a subordinate building or structure, the use of which is customarily incidental to that of the main or principal building.

Building height means the vertical distance from the mean grade of a lot at the frontage of the building to the highest point on top of the structure or a flat roof or to the deck line of a mansard roof or to the mid-height level between eaves and ridge for gable, or hip roofs.

Building line means the line shown on a plat or site plan indicating the proposed setback distance from a street or property line.

Building, principal, means a building or, where the context so indicates, a grouping of buildings in which is conducted the principal use of the lot on which such building or such grouping is located.

Business services means establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing, building and maintenance, employment service, management and consulting services, protective services, equipment rental and leasing commercial research, development and testing, photo finishing, and personal supply services.

Carport means a roofed structure open on two or more sides, intended or used for the parking and storage of automobiles.

Child day care facility means a facility licensed and operated in accordance with standards of the state department of health and rehabilitative services where general supervisory care is provided for six or more children at any one time, including children of the supervisor.

Child day care facility, family, accessory, means a facility licensed and operated in accordance with standards of the state department of health and rehabilitative services where general supervisory care is provided for five or fewer children at any one time, including children of the supervisor.

Clinic means a facility providing medical, dental, surgical, therapeutic, and related services on an outpatient basis and not providing overnight accommodations. A clinic may also include a veterinary facility providing care and boarding of domestic animals.

Club or lodge means an establishment operated by a corporation or association of persons for social, literary, political, educational, fraternal, or charitable purposes, registered as a not-for-profit organization pursuant to section 501(C) of the Internal Revenue Code of 1954.

Commercial recreation facilities means those facilities which offer recreational activity and receive economic return for their utilization such as, and not all inclusive, marinas, miniature golf, bowling alleys, go-cart tracks and other similar related facilities.

Commercially developed parcel means a parcel of property on which there is at least one walled and roofed structure used, or designed to be used, for other than residential or agricultural purposes.

Comprehensive plan means a plan meeting the requirements of F.S. §§ 163.3177 and 163.3178 (Local Government Comprehensive Planning and Land Development Regulation Act).

Density means a measure of the intensity of land use and development per unit area of land, usually expressed as the number of persons, families, or dwelling units per acre or as a floor area ratio.

Development/development activity means the construction of improvements or alteration of an existing structure or site which requires the issuance of a permit or granting approval by the city to ensure conformance with the provisions of this Code.

Development order means any order granting, denying or granting with conditions, an application for a development permit.

Drive-through or drive-window means a window or other opening in the wall of a principal or accessory building through which goods or services are provided directly to customers in motor vehicles.

Duplex. See Dwelling, two-family.

Dwelling means any building or portion thereof designed for or used for residential purposes.

Dwelling, multiple-family, means a building designed for three or more families, with separate housekeeping, sanitary, and cooking facilities for each family.

Dwelling, single-family, means a detached dwelling designed for only one family.

Dwelling, two-family, means a building designed for only two families with separate housekeeping, sanitary, and cooking facilities for each family.

Dwelling unit means a room or group of rooms within a dwelling that forms a single independent habitable unit used or intended to be used for living, sleeping, sanitation, cooking, and eating purposes by only one family. A dwelling unit may be used for owner occupancy, rental, lease, or other occupancy on a weekly or longer basis.

Easement means a grant of one or more rights by a property owner to another individual, group, or governmental unit to make limited use of a portion of real property for a specified purpose.

Extended stay hotel or motel means a hotel or motel in which all rooms contain accommodations for sleeping and a kitchen equipped with a full-sized refrigerator, built-in cooking facilities, microwave, sink, cooking utensils, dishes and cutlery.

Family means one or more persons who occupy a single dwelling unit, all of whom are related by blood, marriage or adoption, including foster children, or a group of persons all of whom are not somehow related which does not exceed three persons in number. The term "family" shall not include the occupants of a roominghouse, a group home/congregate living facility, a fraternity or sorority house or other similar use with shared cooking or sanitary facilities.

Fast food restaurant means a restaurant with drive-up window service, or that otherwise receives payment and/or dispenses products to patrons while in their vehicles (such as a drive-in restaurant).

Floor area ratio (FAR) means the total square foot amount of building floor area on a lot in relation to each square foot of land area. Floor area ratio is determined by dividing the floor area existing or proposed on a lot by the land area of the lot.

Front yard means any portion of land that is past the front façade of the principal structure.

Frontage means the length of the property line of any one parcel along the main street on which it borders.

Garage, public, means a building or a portion thereof, other than a private or storage garage or service station, designed or used for equipping, servicing, repairing, hiring, selling, or storing of motor vehicles.

Garage, residential, means an accessory detached building or an attached portion of a main building, including a carport or porte cochere, designed and used for the parking or storage of vehicles owned or used by the occupants of the residence.

Gross floor area means the sum of the total areas taken on a horizontal plane of a floor or several floors of a building measured between the outside face of exterior walls.

Ground coverage means the portion of the area of a lot, expressed as a percentage, occupied by all buildings or structures which are roofed or otherwise covered.

Group home, congregate living facility, means a residential use consisting of any building or section thereof, residence, private home, boarding home, home for the aged, or any other residential structure, whether or not operated for profit, which undertakes, for a period exceeding 24 hours, housing, food service and one or more personal services for persons not related to the owner or administrator by blood or marriage when such residential structure is licensed by the state department of housing and rehabilitative services. In addition, the term "group home" shall include rehabilitative home care, adult congregate living facilities and personal care homes for the physically impaired, mentally retarded, developmentally disabled persons or elderly persons 60 years of age or older. The term "group home" shall not mean nursing home, intermediate care facility, or similar facility which provides medical care and support services to persons not capable of independent living. There are three types of group homes as follows:

(1)

Group home, type I, means a congregate living facility that is single-family in character and provides a residence for not more than six persons.

(2)

Group home, type II, means a congregate living facility that is single-family in character and provides a residence for more than six but less than 15 persons.

(3)

Group home, type III, means a congregate living facility that is multifamily in character and provides a residence for 15 or more persons.

Home occupation means an occupation or activity carried on as an accessory use by a member of the immediate family residing within a dwelling unit.

Hospital means an institution licensed by the state department of health which has facilities for one or more overnight patients, which provide services for inpatient medical or surgical care of sick or injured humans, and which may include related facilities such as laboratories, outpatient departments, training facilities, state offices, utilities, and support facilities.

Hotel means a public lodging establishment licensed by the state which offers transient lodging accommodations to the general public and may provide additional services such as restaurants, meetings rooms, and recreation facilities provided:

(1)

The length of stay for any person may not exceed 29 days in a consecutive 60-day period;

(2)

The establishment is not licensed as under F.S. § 381.008 et seq. as a migrant labor camp or residential migrant housing or temporary guest worker program housing.

Hotel unit means a room or suite of rooms in which lodging or boarding is provided.

Impervious surface means any surface incapable of being penetrated by water under normal circumstances, including such surfaces as roofs, areas paved or covered with concrete, asphalt or similar materials, etc.

Junkyard means a commercial establishment where waste or discarded or salvaged materials are stored or handled, including, but not limited to, auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for salvaged house wrecking and structural steel materials and equipment or salvaged machinery, used furniture and household equipment, and the processing of used, discarded, or salvaged materials as part of manufacturing operations.

Land clearing means the removal from land of any type of vegetation or structure by mechanical, manual, or other means.

Loading, off-street, means space located outside of any street right-of-way and designed to accommodate the temporary parking of vehicles used for pickups and deliveries.

Lot, for zoning purposes as covered by this chapter, means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required, such lot 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 records and portions of lots of record, or of portions of lots of record; and

(4)

A parcel of land described by metes and bounds, 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.

Lot area means the total area contained within the lot lines.

Lot, corner, means a lot abutting upon two or more intersecting streets.

Lot depth means the horizontal length of a straight line drawn from the midpoints of the front and rear lot lines.

Lot, interior, means a lot abutting only one street or right-of-way.

Lot, irregular, means a lot containing curved, uneven, reversed, or other asymmetrical lot lines.

Lot line means the boundary of a lot.

(1)

Lot line, front, means the shortest property line adjacent to a public street; is also the front property line.

(2)

Lot line, rear, means the line separating a lot from abutting property, an alley or other secondary means of access, an easement, or similar items.

(3)

Lot line, side corner, means any lot line which is adjacent to a public street and is not considered the front lot line.

(4)

Lot line, side interior, means any lot line which is not a front or rear lot line.

Lot, nonconforming, means a legally subdivided lot shown on a legally recorded plat, existing at the time regulations were adopted, requiring greater minimum width or area than provided on such lot or establishing other limitations which such lot does not meet.

Lot of record means a lot which is part of a platted subdivision or a parcel of land described by a deed, for which the subdivision plat or deed has been recorded in the office of the clerk of the county circuit court.

Lot width means the horizontal length of a straight line drawn from the midpoints of the side lot lines.

Lounge means a place where alcoholic beverages are sold for consumption on site.

Motel means a building or group of buildings which contains overnight accommodations for transient occupancy, and has individual entrances from outside the building to serve each such sleeping unit and is not licensed under F.S. § 381.008 as a migrant labor camp or residential migrant housing, or temporary guest worker program housing. No provision shall be made for cooking in any individual room or suite of rooms. Motels may have one or more dining rooms, restaurants or cafes as accessory uses. The length of stay for any person may not exceed 29 days in a consecutive 60-day period.

Multiple occupancy complex means a commercial use, i.e. any use other than residential consisting of a parcel of property, or parcel of contiguous properties, existing as a unified or coordinated project, with a building or buildings housing more than one occupant.

Nightclub means a place that is open at night, has music, dancing, or a show, and is operated for the purpose of supplying entertainment where alcoholic beverages are dispensed and consumed on the premises, and where meals and refreshments may be provided.

Nursing home means a facility for unrelated individuals providing lodging, meals, intermediate care level one and intermediate care level two medical services, as defined by the state department of health and rehabilitative services, and related support services.

Occupant (occupancy) means the use of a building or structure, or any portion thereof for commercial transactions.

Offices, professional (medical) means offices and clinics of individuals engaged in the provision of health care to the general public, including, but not limited to, chiropodists, chiropractors, Christian Science practitioners, dentists, dieticians, medical record services, midwives, naturopaths, nurses (registered and practical), nutritionists, occupational therapists, optometrists, osteopathic physicians and surgeons, physiotherapists, psychiatrists, psychoanalysts, psychologists, psychotherapists, podiatrists, public health agencies, and visiting nurse associations.

Offices, professional (nonmedical) means offices of individuals engaged in the conduct of business in the following professions: architecture, art, clerical services, court recorders, engineering, finance services (excluding banks, savings and loan associations and related institutions), insurance services (excluding automobile insurance claims centers), interior design, landscape architecture, law, music and planning.

Open space means unenclosed area open to the sky on the same lot with a building consisting of setbacks, landscaping, buffers, natural environmental features, pedestrian circulation features and recreational facilities including, but not limited to, swimming pools and tennis courts.

Outdoor storage means the keeping, in an unroofed area, of any goods, material, merchandise, or vehicles in the same place for more than 24 hours.

Parcel means a unit of land within legally established property lines. If, however, the property lines are such as to defeat the purposes of this Code or lead to absurd results, a "parcel" may be as designated for a particular site by the building official.

Parking, off-street, means space located outside of any street right-of-way or easement and designed to accommodate the parking of motor vehicles.

Permanent means designed, constructed and intended for more than short term use.

Personal service, commercial, means an establishment that primarily provides services, involving the care of an individual or his apparel, including, but not limited to, the following: barber shops, beauty salons, seamstress shops, shoe repair shops, dry cleaning and laundry pickup facilities, coin-operated laundry and dry cleaning facilities, health spas, and similar establishments providing related services.

Planning board means an advisory body whose members are appointed by the city commission to advise it on planning, zoning and related matters in accordance with the provisions of section 94-21 et seq.

Professional services means the conduct of business in any of the following related categories: law, architecture, landscape architecture, medicine, dentistry, engineering, planning, music, art, finance, and insurance.

Right-of-way means a strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, and other similar uses.

Roof line means a horizontal line intersecting the highest point or points of a roof.

Setback means the horizontal distance between the front, side line or rear line of a building site to the front, side or rear of the building or structure, respectively.

Setback, front, means the required open space extending across the full width of the front of a lot between the front property line and the required building setback line.

Setback, rear, means the required open space extending across the full width of the rear of a lot between the rear lot line and the required building setback line.

Setback, side (corner), means the required open space extending across the full width of the side of a lot between the side property line extending along a street and the required building setback line.

Setback, side (interior), means the required open space extending across the full width of the side of a lot between the side property line, which does not extend along the street, and the required building setback line.

Shopping center means three or more commercial establishments planned, developed, owned and managed as a unit and related by location, size and types of establishments to the trade area which such unit serves.

Shrubs means self-supporting, woody, evergreen plants smaller than a tree and usually branching from or near the ground. When planted in accordance with requirements of this Code, a shrub shall have a minimum height of the plant of two feet unless otherwise specified.

Story means the portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and ceiling next above it.

Street means a public or private right-of-way for vehicular traffic, including highways, thoroughfares, lanes, roads, ways, and boulevards.

Street right-of-way line means the line which bounds the right-of-way set aside for use as a thoroughfare.

Structure means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, including, but not limited to, buildings, mobile homes, manufactured homes, towers, walls, fences, billboards, poster panels, recreational facilities, swimming pools, and above-ground gas or liquid storage tanks.

Structure, temporary, means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

Swimming pool means a portable pool or permanent structure that contains a body of water 18 inches or more in depth of 250 square feet or more of water surface area and intended for recreational purposes, including a wading pool. The term "swimming pool" excludes an ornamental reflecting pool, fish pond, or other type of pool, regardless of size, unless located and designed so as to create a hazard or be used for swimming or wading.

Technical review committee (TRC) means technical review committee is made up of representatives from city engineering, building, public works, and utilities department.

Tobacco retailers means any place that sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco products or tobacco paraphernalia.

Townhouse means a single-family residential building attached to a series of other single-family residential buildings by not more than two party walls.

Transitional site means a lot, tract, parcel or portion thereof located in a C or I district and situated within 50 feet of, and abutting the same street as property in an R-1, R-2, R-3, RM-1 and RM-2 district.

Tree means a self-supporting woody plant of a species normally growing to a mature height of at least 15 feet in the city.

Unit means that part of a multiple occupancy complex housing one occupant.

Variance means a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship.

Yard means an area between the front property line and the front setback line of any main or accessory building, exclusive of steps and open terraces.

Yard, front, means an area between the front property line and the front setback line of any main or accessory building, exclusive of steps and open terraces.

Yard, rear, means an unoccupied area extending across the full width of the lot between the rear line of any main or accessory building and the rear line of the lot commencing at such rear line, and measured at its least dimension.

(Code 1982, § 24-5; Code 1999, § 110-2; Ord. No. 94-01, pt. 1(24-5.2), 12-19-1994; Ord. No. 2017-03, § 1, 2-20-2017; Ord. No. 2017-08, § 1, 5-15-2017; Ord. No. 2022-10, § 3, 10-17-2022)

(a)

Scope of chapter. Provisions set forth in this chapter apply to the entire corporate area of the city, and all zoning districts therein, unless exceptions are specifically provided relating to one or more zoning districts, or except as otherwise provided in this chapter.

(b)

Authority to enter upon private property. The community development director, and any inspector under his direction, in the performance of their functions and duties under the provisions of this chapter, may enter upon any land and may make examinations and surveys as deemed necessary in the administration and enforcement of this chapter, upon presentation of proper credentials.

(c)

Any use not expressly provided for. When an application is made for any use not expressly permitted or prohibited, the community development director shall consider that use which is expressly prohibited or permitted most closely similar or allied to that use requested. Upon doubt as to whether or not a specific use is similar to uses expressly prohibited or permitted, such permit shall be withheld until a request is made to the city commission.

(d)

Measurement and calculation of minimum lot size and dimensions. Minimum lot size and dimensions required in this chapter shall be measured and calculated to conform with the ultimate right-of-way of all adjacent streets, as shown on the future traffic circulation map of the comprehensive plan or other map maintained by the city.

(e)

Measurement of setbacks. Front or side corner setbacks, as required in this chapter, shall be measured from the ultimate right-of-way line of all adjacent streets, which shall be determined in the manner described in subsection (d) of this section.

(f)

Nuisances. No use shall be made of any property that shall in any way be offensive or noxious by reason of the emission of odors, gases, dust, smoke, vibration or noise, nor shall anything be constructed or maintained that would in any way constitute a nuisance to adjacent property owners, residents or to the community.

(Code 1982, § 24-6; Code 1999, § 110-3; Ord. No. 94-01, pt. 1(24-6), 12-19-1994)

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

(Code 1982, § 24-26(b); Code 1999, § 110-4; Ord. No. 94-01, pt. 1(24-26(b)), 12-19-1994)

Any person who violates any of the provisions of this chapter shall be subject to fine and imprisonment as provided by section 1-15.

(Code 1982, §§ 24-26(h), 24-27(d); Code 1999, § 110-5; Ord. No. 94-01, pt. 1(24-26(i)), 12-19-1994)