No building, structure or land in the incorporated limits of the city shall hereafter be used or occupied, and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in full conformity with the regulations specified in the zoning code.

Any building or structure for which a lawful development permit has been issued, and the construction of which has been started prior to the effective date of the zoning code, may be completed and used in accordance with the plans and specifications upon which said zoning permit was granted, provided such construction is completed within one year after the effective date of the zoning code.

A building permit shall expire if work does not commence within 60 days following issuance or if substantial progress is not maintained through the completion of the permitted work as confirmed by a final inspection. Substantial progress requires an inspection no later than every 120 days following a notice of commencement. An applicant may request up to two extensions of no more than 120 days each for a building permit, which shall be granted upon showing that structural conditions do not pose a risk to public health and safety, other structures or objects.

If a building permit expires and a structure has not been issued a certificate of occupancy, the applicant shall have an option to pay a renewal fee within six months after expiration. This option shall not be available thereafter for the same structure or permitted work, except by consent of the city council. If a permit expires and does not qualify for the one-time renewal, the community development manager shall confirm whether the permitted work has been issued a final inspection. If it has not, the community development manager shall provide the applicant with notice that the permit has expired without a final inspection. The applicant shall have 60 days to either file an application for a demolition permit to remove the incomplete structure or incomplete work or may file a request for a the city council to consider a request for renewal. The city council shall consider whether structural conditions or other incomplete work poses a risk to public health and safety, other structures or objects, whether the applicant has good cause and has corrected the problems previously delaying progress in completing the work and any concerns expressed by adjoining property owners.

A development order or zoning permit approval shall expire if a building permit is not applied for within one year following approval of the development order or within an alternative time period as specified in the development order conditions or if a building permit expires and is not renewed within six months of its expiration. No development order shall be valid after two years, unless an alternative time period is specified in the development order conditions.

In any district where dwellings are permitted one single-family dwelling may be erected on any "lot of record" as defined in the comprehensive plan, subject to the following requirements:

(a)

The lot shall abut for at least 50 feet on a street.

(b)

Required yards shall be provided, but may be reduced in proportion to the lot of record dimensions as compared to the lot dimensions required for the zoning district in which the lot of record is located. For example, if the dimensions of a lot of record are equal to 80 percent of the required lot width and 70 percent of the lot depth, then the minimum side yard shall be 80 percent of the side yard required by the zoning district and the minimum front and rear yards shall be 70 percent of the front and rear yards required by the applicable zoning district. In no case shall a front yard be less than 15 feet, a side yard than five feet, and a rear yard less than ten feet.

No lot, yard, setback, clearance, parking area, or other space shall be reduced in area or dimension so as to make said area or dimension less than the minimum required by the zoning code. No part of a required yard, setback, clearance, parking area, or other space provided about, or for any building, structure or use for the purpose of complying with the provisions of the zoning code, shall be included as part of the yard, setback, clearance, parking area or other space required under the zoning code for another building, structure or use, unless specifically authorized by the zoning code.

On corner lots and on through lots, front yards when required, shall be provided on both streets, and accessory buildings shall not be located in either front yard.

Where a lot is to be occupied for a permitted use without buildings, the side yard and front yard required for such lot shall be provided and maintained unless otherwise stipulated in the zoning code, except that side yards shall not be required on lots used for private garden purposes without buildings or structures nor on lots used for public recreation areas.

Where two or more separate buildings for dwelling purposes are erected or placed on the same lot, minimum front, side and rear yards shall be provided as required by the zoning code.

Every part of every required yard shall be open and unobstructed from the ground to the sky except as hereinafter provided or as otherwise permitted in the zoning code.

(a)

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

(b)

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 the width of the yard.

(c)

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

(d)

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.

(e)

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

(f)

Fences, walls and hedges shall be permitted in required yards as specified in section 3.11 of this article.

(g)

Accessory uses and structures may be located in required yards as specified in section 3.12 of this article.

(h)

Except as provided in section 3.12, nothing in this section shall be construed so as to prevent any type of landscaping or private nonprofit gardening on any lot.

(i)

Accessory parking may be located in a required rear or side yard.

(j)

Flagpoles, clotheslines, birdhouses and other yard accessories are permitted in any yard if they do not constitute substantial impediments to vision or free flow of light and air across the yard.

On a corner lot, no fence, wall, hedge, or other planting or structure that will obstruct vision between a height of 2½ feet and ten feet above the centerline grades of the intersecting streets shall be erected, placed or maintained, within the triangular area formed by the right-of-way lines at such corner lots and a straight line joining said right-of-way lines at points which are:

(a)

Fifteen feet distant in business districts;

(b)

Twenty-five feet distant in residential districts from the intersection of the right-of-way lines and measured along said right-of-way lines.

(a)

In residential districts all accessory buildings and uses shall be located only in the rear yard except that parking may be located in a side yard.

(b)

In residential districts all accessory buildings and uses in a rear yard shall be located at least eight feet from any lot line, meet required setback from any street, and at least five feet from any main building. Accessory buildings and structures shall not exceed two stories or 24 feet in height. In case of rear alleys, private garages not over one story in height may be located on the rear alley line.

(a)

Scenery lofts, towers, cupolas, steeples, domes, flagpoles, airplane beacons, broadcasting towers, antennas, chimneys, stacks, tanks and roof structures used only for ornamental or mechanical purposes may exceed the permissible height limit in any district.

The following regulations, supplementing and modifying other applicable district regulations, shall apply where a lot in a non-residential district is utilized for a permitted residential use, the size of the required yards are specified in the district regulations for the particular non-residential district involved:

(a)

Where a residential use is located on the first or ground floor and there is also a principal non-residential use on the first or ground floor such lot shall be provided with a rear yard, and with side yards, extending to the rear yard, for the portion of the lot occupied by the residential use.

(b)

Where the residential use is the only principal use on the lot, such lot shall be provided with front, side and rear yards as specified in the district regulation chart.

(c)

Where the residential use is located above a principal non-residential use, such lot shall be provided with a rear yard and with side yards on each side, provided that such side yards may begin at the level of the lowest floor used for residential purposes, and a side yard shall not be required on a street side of the lot.

(d)

Lots used for hotels and motels shall provide yards as specified in the R-5 district.

Specified non-residential uses (other than home occupations) shall be allowed only by special exception in residential districts.

No land which is residentially zoned shall be used for driveway, walkway or access purposes to any land which is non-residentially zoned, or used for any purpose not permitted in a residential district. Any such ingress and egress to an existing use which does not abut on a street shall be considered a non-conforming design element.

Construction, maintenance and improvements related to infrastructure within rights-of-way including, but not limited to streets, railroads, utilities and similar uses, as specified in F.S. § 380.04(3)(a) and (b), do not constitute "development" and are not subject to land development regulations. Driveways and other forms of ingress/egress which are located within rights-of-way are subject to regulation as set forth in the city Code. Chapter 98 governs the formation, location and width of rights-of-way and establishes coordination procedures regarding activities within rights-of-way.

These are permitted within the public zoning district and within the parkland and parkland open space zoning districts where consistent with the recreational purpose of those districts.

(a)

Where a business district is separated by a street from a residential district, then any lot in such non-residential district adjacent to the separating street shall be provided with a yard at least 25 feet in depth along such separating street.

(b)

Where a business district directly abuts on a residential district without any separator between them such as a street, alley, or other public open space, then any lot in such non-residential district shall be provided with a yard at least ten feet in depth adjacent to the residentially zoned property.

(c)

Where a warehouse use in a business district directly abuts on a residential district without any separator between them such as a street, alley, or other public open space, then any lot in such non-residential district shall be provided with a yard at least 20 feet in depth adjacent to the residentially zoned property.

(d)

Where a yard is required in this section, such yard may be used for walkways, driveways and landscaping, but not for any other use or purpose.

In residentially zoned areas trucks or commercial vehicles shall not be parked on private property except as follows:

(a)

No commercial vehicle over one-ton capacity shall be parked on a lot in an R-1 district except in a fully enclosed garage or carport.

(b)

A commercial vehicle of not over 1½ tons rated capacity may be parked in an enclosed garage on a lot whose principal use is residential and where the commercial vehicle is used by a resident of the premises.

(c)

Permitted non-residential uses may utilize and park on their premises such commercial or other vehicles as may be necessary and customary for such uses.

No building or structure shall be moved from one lot or premises to another unless such building or structure shall thereupon be made to conform with all the provisions of the zoning code relative to buildings or structures hereafter erected upon the lot or premises to which such building or structure shall have been moved.

(a)

For commercial, public, and multifamily residential buildings, and all single-family residential structures exceeding two stories in height or 5,000 square feet, the applicant for a building permit shall furnish the building official with a site plan prepared by an engineer or architect registered in the state, showing property boundary lines, existing and proposed building locations, finished floor elevations, required curb cuts, all existing utilities, overall drainage plan with elevations, paving plans including driveways, and number of off-street parking spaces provided. Elevations of floor levels and drainage shall be shown according to mean sea level. The site plan shall be approved by the building inspector prior to the issuance of the building permit.

(b)

For all single- and multi-family residential structures where finished floor elevation (mean sea level) is less than a minimum of 12 inches above the centerline elevation of the public street adjoining the property on which the building is constructed (determination of said elevation differential shall be made at a point on the street centerline opposite the main entrance to the building), the applicant shall provide the building inspector with a site plan, as described in subsection (a) above, showing a proposed finished floor elevation differing from that prescribed above and the proposed method for satisfactorily disposing of stormwater and drainage. Said site plan shall be approved by the city building inspector before the building permit is issued.

(c)

For all commercial, public, and single- and multi-family residential structures, the applicant for the building permit shall provide the building inspector with information showing that the structure can be connected by proper gravity flow to an existing sanitary sewer service. If proper gravity flow cannot be obtained, it shall be the owner's responsibility to bear the cost of lowering the existing service, as determined by the city, or to provide, install, and maintain the necessary pumping equipment. If sanitary sewer service is not available or the applicant can demonstrate to the satisfaction of the building inspector that the cost of lowering existing service or providing pumping equipment is disproportionate to the value of the land and proposed improvement, then the applicant must obtain a septic tank permit in conformance with the requirements of the state board of health before a building permit will be issued.

(d)

It shall be the responsibility of the applicant for the building permit to comply with approved site plans and grade requirements.

(e)

Where, in the opinion of the applicant, the determination of the building inspector appears to be arbitrary or capricious, the applicant may appeal to city council for relief or adjustment.

(a)

For the purpose of this ordinance, the term front property line shall be the border of any lot or parcel of property, which line runs parallel with that portion of any structure which contains the front entrance of such structure; and back property line shall be the line opposite to the aforesaid front property line; and side property line shall be the property lines connecting the front and back property lines.

(b)

All fences to be built shall comply with the Florida Building Code, as amended from time to time. The posts of each fence must be resistant to decay, corrosion, and termite infestation.

(c)

All fences shall be placed with the finished side facing the adjoining property or right-of-way.

(d)

In areas where the property faces two roadways or is located in any other area construed to be a corner lot, no fence shall be located in the vision triangle, as described in appendix A, zoning, section 3.11, visibility at intersections.

(e)

No fence shall be constructed or installed in such a manner as to interfere with drainage on the site.

(f)

No owner or occupant of property shall erect on any lot or parcel of land a front line fence that exceeds four feet in height; no owner or occupant of property shall erect on any lot or parcel of land a side line or back line fence which exceeds six feet in height.

(g)

No owner or occupant of property shall erect on any lot or parcel of land located on a natural waterway a front line fence that exceeds four feet in height or a side line fence that exceeds six feet in height. All fences located in the setback area adjacent to the natural waterway shall not exceed four feet in height from the existing grade.

(h)

The effects of this ordinance are hereby applicable to any lot or parcel of land within residential districts only.

(a)

No owner or occupant of any property shall construct or install or cause to be constructed or installed, either above-ground or in-ground, any pool which requires a filter system, without constructing and installing a fence or screen enclosure which totally encloses such swimming pool.

(b)

Such fence shall be of sturdy and durable material and shall be installed to a height of no less than four feet above the ground level, and openings in the fence shall not permit the passage of a sphere six inches in diameter. If an aboveground pool has a manner of prohibiting access, i.e., removable ladder, and the side wall is four feet above ground level, this ordinance would not apply.

(c)

No permits shall be issued for the construction or installation of any swimming pool without the city first approving a plan for the installation or construction of such fencing, as set forth above.

(d)

Such fencing or screen enclosure, once constructed and installed, shall be maintained in a state of good repair and any gates or passageways therein shall be provided with a latching or locking system that will prevent entry by small children.

(e)

Existing pools—Compliance requirement. Within one year from the date of approval of this ordinance, all nonconforming pools shall comply with the requirements of this ordinance.

(f)

Penalty provisions. Violation of this ordinance shall be dealt with in accordance with section 1-12 (General penalty; continuing violations) of the Dunnellon Code of Ordinances.