- IN GENERAL
Except where specific definitions are used within a specific article or section of this chapter, the following terms, phrases, words and their derivation shall have the meanings given herein where not inconsistent with the context. Words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "lot" includes the words "plot" and "tract." The word "building" shall include the word "structure." The words "used for" shall include the meaning "designed for." The word "person" shall include the words "firm, association, organization, partnership, trust, company, corporation," as well as "an individual." The word "shall" is mandatory. Whenever in this chapter a term, phrase or word is not defined, then in that event the city council shall define the same.
Abutting property means any property that is immediately adjacent to or contiguous to property that may be subject to any hearing required to be held under this chapter or that is located immediately across any road or public right-of-way from the property subject to any hearing under this act.
Accessory structures and uses mean subordinate and incidental structures and uses to the principal structure and use, including but not limited to, residential garages, carports, workshops, garden sheds, gazebos, pool houses, cabanas, screen enclosures, and children's play houses. No accessory structure shall be permitted unless a principal structure is located on the same property.
Adult congregate living facility means a structure, in which the owners or operators are subject to licensing and approval by the state department of elder affairs, which is operated as a facility to provide room and board and one or more personal services to unrelated adults, as prescribed in F.S. ch. 400 and F.A.C. ch. 58C-1.
Aircraft means a weight-carrying structure for navigation of the air that is supported either by its own buoyance or by the dynamic action of the air against its surfaces.
Airport means any area of land or water designated and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purpose.
Alley means a private or public way which affords a secondary means of access to the property abutting thereon.
Alternative financial services business means a check cashing business, payday advance or loan business, money transfer business, motor vehicle title loan business, or a credit access business as defined in this section. The term alternative financial services business shall not include: a state or federally chartered bank, savings and loan association, credit union, pawnshop, convenience store, supermarket, or other retail establishment where consumer retail sales constitute at least 75 percent of the total gross revenue.
Apartment house. See Dwelling, multiple-family.
Apothecary shop means an establishment for the retail sale of pharmaceutical, medical and dental supplies, but no other merchandise.
Art gallery means an establishment operated for the display or sale of art.
Art workshop means an establishment where art or handcrafted goods are produced.
Artisan food and personal goods manufacturing means food and personal goods produced by non-industrialized methods, in quantities not intended for mass-output; examples include cheese, charcuterie, coffee roasters, and soaps. This use must include a retail component.
Assisted living housing means housing consisting of multiple dwelling units designed and marketed specifically for the elderly and/or the physically disabled and which does not provide 24-hour nursing care.
Automobile court. See Motel.
Automobile service station means buildings and premises designed so as to cater principally to automobiles, with or without service bays, where items such as gasoline, oils and greases, batteries, tires and automobile accessories are supplied and dispensed at retail.
Automotive repair and services means the repair or servicing of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats. Automotive sales and services includes muffler shops, oil change shops, auto repair garages, tire sales and installation, wheel and brake shops, body and fender shops, and similar repair and service activities.
Automotive sales means the sale or leasing of automobiles, commercial or noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats. Automotive sales includes new and used car, motorcycle, boat, trailer, and recreational vehicle dealerships.
Automotive washing and detailing means the washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment by means of automated or manual washing, waxing, polishing, and drying of automobiles by employees and automated or manual vacuuming and cleaning of the interior of automobiles by employees.
Awning means a shelter above a door or window, projecting from and supported by the exterior wall of a building constructed of rigid or non-rigid durable, weather-resistant materials on a supporting framework that may include a type that can be retracted, folded or collapsed against the wall of a supporting building.
Bail bond services means an establishment operated by a licensed bail bond surety to provide bail bond services.
Bars (alcoholic) means an establishment other than a restaurant, licensed to sell alcoholic beverages for consumption on premises that limits patronage to adults of legal age for the consumption of alcohol and in which food service may be an accessory to the service of alcoholic beverages. A bar may include an area outside of an enclosed building provided the limits of that outdoor area are visually delineated, and such area is included in the licensed premises description in the vendor's license certificate.
Basement means a portion of a building located partly or wholly underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
Beauty salon means an establishment where people go to receive beauty treatments which include some or all of the following: cutting, shampooing, weaving, coloring, waving, or styling hair; hair removal, including laser hair removal; facials; applying makeup, including permanent makeup; and nail care services.
Blank wall means a portion of the exterior facade of the building that does not include windows or doors, columns, pilasters or other articulation greater than 18 inches in depth.
Board means the planning and zoning board of the city.
Boardinghouse or lodginghouse means a dwelling used for the purpose of providing meals or lodging or both to persons other than members of the family occupying such dwelling.
Boat sales areas means a business or location which sells, trades or leases boats and boat trailers, both new and previously owned.
Broadcasting and telecasting station means a radio or television facility where apparatus for transmitting or receiving radio or television signals is assembled.
Broadcasting and telecasting studio means a room or series of rooms maintained by a transmitting radio or television station and equipped for the transmission of programs.
Building means any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind, but not to include mobile home as hereinafter defined.
Building face means the area determined by multiplying the lineal footage of the building, including glass area, times the vertical height of the building.
Building height means the vertical distance from the grade to the highest point of the roof including chimneys.
Building maintenance services means business providing maintenance, custodial, janitorial, landscape maintenance, or window cleaning services.
Build line means a line running parallel to the front property line at which construction of a building facade is required to occur.
Business or trade school means a facility providing education or training in business, commerce, language, or other similar activity or occupational pursuit that is not otherwise described as a home occupation, college, university, or public or private educational facility.
Campground means a site providing camping and related parking areas and incidental services for travelers in recreational vehicles or tents; this term includes recreational vehicle parks.
Cannabis means any plant or part of a plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin.
Cannabis farm means any property used in whole or in part for the growing or cultivation of cannabis plants, whether or not such growing or cultivation is lawful under federal or state law.
Car wash means a facility designed for the washing and/or waxing of motor vehicles, either self-service or full-service. No fuel services shall be allowed in conjunction with a car wash.
Cellar. See Basement.
Clinic means an establishment, other than a pain management clinic as defined herein, where patients who are not lodged overnight are admitted for examination and treatment by one person or a group of persons, practicing any form of healing or health building services to individuals, whether such persons are medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, or any such profession the practice of which is lawful in the state.
Club or lodge means meeting, recreational, or social facilities by a private or nonprofit association, primarily for use by members and guests. This use includes private social clubs and fraternal organizations.
Clubs, bottle, means any establishment operated for pecuniary gain in which no alcoholic beverages are sold, but where patrons are permitted to bring alcoholic beverages upon the premises for consumption.
College and university facilities means an educational institution of higher learning that offers a course of study designed to culminate in the issuance of a degree.
Community events means public events sponsored by the City of Edgewood.
Community food services means establishments primarily engaged in the collection, preparation, and delivery of food for the needy. Community food services establishments may also distribute clothing and blankets to the poor.
Communications services means broadcasting or information relay services through electronic and telephonic mechanisms such as television, film, or sound recording studios, and telecommunication service centers.
Company vehicles mean vehicles owned by a business or other commercial entity, bearing commercial markings related to the business operation, and used by employees or principals of the business operation.
Condominium. See Dwelling, multiple-family.
Consignment shop means a retail establishment that sells secondhand items (typically clothing and accessories) on behalf of the original owner, who receives a percentage of the selling price.
Construction equipment sales and services means an establishment providing construction activities, the incidental storage of materials on sites other than construction sites, and the on-site sale of materials used in the construction of buildings or other structures. Construction equipment sales and services shall not include establishments limited to retail sales of paint, hardware and fixtures.
Consumer convenience services means an establishment that provides limited personal convenience services, such as private postal and safety deposit boxes and automated banking machines, to individuals in access-controlled facilities that make 24-hour operation possible.
Consumer electronics/communication equipment repair services means an establishment providing repair services on electronics such as televisions, computers, or smartphones, bought for personal rather than commercial use. Consumer electronics/communication equipment repair services does not include large appliance repair services, automotive repair or service stations.
Convenience storage means storage services primarily for personal effects and household goods within enclosed storage areas having individual access. This use includes mini-warehouses.
Craft distillery means an establishment that is licensed by the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco to produce distilled spirits; such establishment must include a retail and/or eating/drinking/cafe requirement onsite and may include a tasting room and office establishment or event facility components in addition to the area devoted to production of liquors.
Detention facilities means a residential facility operated by public agency for housing and care of legally confined individuals.
Dormitories means a room, apartment or building containing sleeping accommodations which is operated for the use of students enrolled in an educational institution.
Drive-in restaurants means an establishment where food is served for consumption on the premises.
Dwelling means a building or portion thereof, designed or used exclusively for residential occupancy, but not including hotels, lodginghouses, modular homes, motels, or mobile homes.
Dwelling, multiple-family, means a building designed for or occupied exclusively by two or more families, including, but not limited to, apartment houses and condominiums.
Dwelling, single-family, means a detached dwelling containing complete housekeeping facilities for one family only, designed for or occupied exclusively by one family for usual domestic purposes, and having no enclosed space or cooking or sanitary facilities in common with any other dwelling.
Emergency relief services means an establishment providing immediate financial and/or material support to people in financial crisis; the type of assistance offered will vary but may include: provision of food, transport or pharmaceutical vouchers; part-payment of utility accounts; provision of food parcels or clothing; budgeting assistance; and referrals to other services that help to address underlying causes of financial crisis.
Emergency utility vehicle means any vehicle owned by a public or private utilities service which is used in the event of emergencies requiring immediate attention.
Emission means the act of passing into the atmosphere an air contaminant or gas stream which contains or may contain an air contaminant; or the material so passed into the atmosphere.
Exterminating services means an establishment providing off-site services for the eradication or control of rodents, insects, or other pests.
Family means an individual or two or more persons related by blood, marriage or adoption, exclusive of household servants, occupying a dwelling and living as a single nonprofit housekeeping unit, as distinguished from persons occupying a boardinghouse, apartment house or hotel, as herein defined. A number of persons not exceeding three occupying a dwelling and living as a single nonprofit housekeeping unit, though not related by blood, marriage or adoption, shall be deemed to constitute a family.
Flea market, outdoor means an outdoor market selling secondhand goods.
Fleet vehicles means vehicles owned by a business or other commercial entity and used by employees or principals of the business operation in the delivery of goods or provision of services.
Foster care facility means a structure in which the owners or operators are subject to licensing and approval by the state department of health and rehabilitative services, and provide basic care and supervision in a family living environment for four or more clients, not related to the owners or operators. Homes providing respite care services shall be treated in the same manner as foster care facilities.
Foster home means a structure in which the owners or operators are subject to licensing or approval by the state department of health and rehabilitative services, live permanently, and provide full-time care and supervision in a family living environment to a maximum of three full-time clients, who are unrelated to the owners or operators. Homes providing respite care services shall be treated in the same manner as foster care facilities.
Fraternities. See Club or lodge.
Funeral services means the preparation of human dead for burial and arranging or managing funerals. Funeral services includes funeral homes and mortuaries. Funeral services does not include crematories.
Furniture repair means the rebuilding, rehabilitation, renovation, repair and restoration of furniture, including antique furniture and furnishings.
Garage apartment means an accessory or subordinate building containing living facilities for not more than one family and an enclosed space for at least one automobile, not a part or attached to the principal building.
Garage, mechanical, means buildings and premises designed for the supplying of services catering to the maintenance, service and repair of automobiles such as:
Sale and servicing of spark plugs, batteries and distributors.
Tire repair and servicing, but no recapping.
Replacement of mufflers and tailpipes, water hose, fan belts, brake fluid, lightbulbs, floor mats, seat covers, wiper blades, windshield wipers and replacement of grease retainers and wheel bearings.
Radiator cleaning and flushing.
Washing and polishing.
Greasing and lubrication.
Exchanging fuel oil pumps and installing fuel lines.
Minor servicing and replacing of carburetors.
Emergency wiring repairs.
Adjusting and repair of brakes.
Adjustment of engines.
But not including:
Bodywork.
Painting of automobiles or other vehicles.
Storage of vehicles for the purpose of using parts of said vehicles for sale or repair.
Any condition which may be classified as a junkyard.
Garage, residential, means an accessory building or portion of the principal building including carport used for the storage of automobiles of the occupants of the principal building.
Garage, storage, means a building or portion thereof designed or used exclusively for the storage or parking of automobiles.
Garden center means a retail establishment that sells plants and related products for domestic gardens.
Gross land area means the total amount of land included in the project legal description. (Natural water bodies shall not be included, whether partially or totally included in the legally described tract.)
Guest cottages means living quarters within a detached accessory building located on the same lot or parcel of land as the principal building, to be used exclusively for housing members of the family occupying the principal building and their nonpaying guests, such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling.
Guest (tourist) home means a private dwelling in which transient sleeping accommodations are provided for compensation, especially motor tourists or travelers.
Heavy equipment sales, repairs, and servicing means the sale, rental, repair or servicing of non-passenger trucks, tractors, construction equipment, agricultural implements, mobile homes, or similar heavy equipment, including incidental storage. Heavy equipment sales, repairs, and servicing includes non-passenger truck dealerships, construction equipment dealerships, mobile home sales establishments, non-passenger truck repair garages, tractor and farm implement repair services, machine shops, and dismantling and salvage activity.
Home occupation means any use conducted entirely within a dwelling or accessory building and carried on by an occupant thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.
Hotel means a building or other structure used and maintained as a place where transient sleeping accommodations are supplied to guests.
Impervious surface ratio (ISR) means a surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes most conventionally surfaced streets, roofs, sidewalks, parking lots, patios, wet pond surface areas at normal or control elevation, 50 percent of water surface of swimming pools, and other similar nonporous surfaces, but does not include dry bottom stormwater facilities or wood decks over soil (with spaces between planks). Determinations regarding permeability of material or surface shall be at the sole discretion of the city engineer or designee. "Impervious surface ratio" is the impervious surface of a parcel or lot divided by the total parcel or lot area, expressed as a percent. ISR requirement controls the intensity of development by restricting the amount of land covered by any type of impervious surface. The ISRs listed in this Code for various zoning districts shall be the maximum allowed. The ISR requirement for a particular parcel or lot area shall be supported by the necessary drainage calculations and shall be determined at the discretion of the city engineer.
Junkyard means an area where waste, used or secondhand materials, equipment and/or machinery is bought, sold, exchanged, bagged, maintained, stored, recycled, baled, packed, disassembled, or handled, including, but not limited to, wrecked or inoperable automobiles, scrap iron and other metals, paper, rags, rubber tires, bottles, and used building materials, plumbing fixtures, electrical fixtures and lumber. Junkyard shall include specifically, but not by way of limitation, automobile wrecking yards, building materials wrecking and/or storage yards and used appliance wrecking and/or storage yards.
Kennel means any building, lot, structure or premises where four or more dogs and/or cats over six months of age are kept for any purpose, excluding pet shops, pet hospitals, pet beauty parlors and hobby kennels.
Kennel, hobby, means any building, lot, structure or premises where four or more dogs and/or cats over six months of age are kept solely for the owner's companionship, recreational, sporting or hobby purposes, where no services are offered for remuneration, and where no puppies or kittens are sold or offered for sale, with the exception that one litter of puppies or kittens may be sold every 12 months.
Landscape equipment storage means the use of a site for outdoor storage landscaping equipment and of vehicles and trailers used to transport landscaping equipment.
Laundry, self-service, means a business that provides coin-operated washing, drying, dry cleaning and/or ironing machines for hire to be used by customers on the premises.
Liner building means a building that is placed on the exterior of a parking structure for the purpose of screening the parking structure from view and maintaining an active street frontage instead of the dead space typically found next to a parking garage.
Lot means a parcel of land occupied or intended for occupancy by a use permitted in this chapter.
Lot, corner, means a lot abutting two or more streets at their intersection.
Lot depth means the distance measured from the midpoint of the front line to the midpoint of the opposite rear line of the lot.
Lot, double frontage, means the lot having a frontage on two nonintersecting streets as distinguished from a corner lot.
Lot frontage, commercial and industrial, means all the commercial and industrial property on the width of the lot abutting the street with heaviest traffic usage.
Lot frontage, residential, means all the property on the narrow width of a lot abutting a street right-of-way.
Lot, interior, means a lot other than a corner lot.
Lot of record means a lot which is part of a subdivision, the plat of which has been lawfully recorded in the office of the clerk of the circuit court of the county, or a parcel of land, the deed of which was lawfully recorded in the office of the clerk of the circuit court of the county on or before October 7, 1957.
Lot, reversed corner, means a corner lot on the side street lot line of which is substantially the continuation of the front lot line of the first lot to its rear.
Lot width means the horizontal distance between the side lot lines, measured at right angles to the depth.
Major street plan means a plan for existing or proposed traffic thoroughfares for the city, as amended.
Major utility facilities means generating plants, electrical switching facilities or primary substations, refuse collection or disposal facilities, water or wastewater treatment plants, or similar facilities.
Mansard roof means a scoped roof or roof-like facade, architecturally comparable to a building wall.
Medical marijuana dispensary means a facility that is operated by an organization or business holding all necessary licenses and permits from which marijuana, cannabis, cannabis-based products, or cannabis plants are delivered, purchased, possessed, or dispensed for medical purposes and operated in accordance with all local, federal and state laws. Physicians authorized by state law to order low-THC cannabis, as defined in Florida Statutes, for patients' medical use are not included in the definition of medical marijuana dispensary.
Medical offices/clinics means an establishment for consultation, examination, diagnosis, therapeutic, preventative, or corrective personal treatment by doctors, dentists, medical or dental laboratories, or similar state licensed practitioners of medical and healing arts. Medical offices/clinics does not include pain management clinics.
Medical use means the prescriptive use of any form of cannabis to treat a qualifying medical condition and the symptoms associated with that condition or to alleviate the side effects of a qualifying medical treatment.
Micro-brewery means an establishment comprising less than 15,000 square feet that is licensed by the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco to manufacture malt beverages and may include a tasting room and retail space to sell malt beverages produced on the premises along with related retail items and food.
Micro-winery means an establishment comprising less than 15,000 square feet that is licensed by the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco to produce wine and may include a tasting room and retail space to sell wine produced on the premises along with related retail items and food.
Minimum building frontage means the minimum width of a building as measured along the building's frontage to a road. Minimum building frontage is based on a percentage of the subject lot's road frontage.
Minimum lot frontage means the minimum width of a lot where it adjoins a street.
Mixed use building means a building where the ground floor is occupied by retail, service, and/or office uses and the upper floors are occupied residential dwelling units or a mixture of residential dwelling units and non-residential uses.
Mobile home means a movable or portable detached single-family dwelling designed for and capable of being used for longterm occupancy, or a temporary office, or a temporary storage building, designed to be transported after fabrication on its own permanent chassis and wheels, arriving at the site substantially complete. This definition shall also include motor homes which are defined as an automotive vehicle built on a truck or bus chassis and equipped as a self-contained traveling home.
Modular homes means a building used for residential purposes, which is a transportable structure in one or more sections, built on a permanent chassis with plumbing, heating and electrical systems, and manufactured off-site.
Monument retail sales means the retail sale of monuments and markers for placement on graves and includes the sale, storage, and delivery of headstones, footstones, markers, statues, obelisks, cornerstones, and ledgers.
Motel means a building or groups of buildings, whether detached or in connected units, used as transient sleeping accommodations designed primarily for transient automobile travelers. The term "motel" includes buildings designated as auto courts, tourist courts, motor lodge, and similar appellations.
Motor vehicle lot means a business or location which buys, sells, trades or leases motor vehicles, both new and previously owned, including, but not limited to, automobiles, trucks, recreational vehicles, motorcycles, vans, mopeds and other vehicles of the type and kind required to be registered, licensed and/or titled by or under the authority of the state.
Multi-dwelling residential buildings means non-transient residential buildings consisting of two or more dwelling units. Multi-dwelling residential buildings includes condominium and townhouse residential developments and specifically excludes institutional living facilities providing 24-hour nursing or medical care and detention facilities.
Multiple tenant structure means any building or structure designed or constructed for two or more tenants.
Museum means an enclosed building in which objects of historical, scientific, artistic or cultural interest are stored and exhibited.
Net land area means the total amount of land outside of (publicly dedicated) rights-of-way or support facilities; (e.g., natural water bodies, utility sites, or stormwater retention areas will not be included in the computation of net land area).
Net lot area means the land area included in an individual lot or parcel, not including land for use as rights-of-way, support facilities and common areas.
Nonconforming use means any use of a building or land lawfully existing at the time of adoption of the ordinance from which this chapter is derived or amendments thereto which does not conform after the passage of the ordinance from which this chapter is derived or amendments thereto with the use regulations of the district in which it is located.
Non-medical marijuana sales means the purchase, sale, transfer or delivery of marijuana, cannabis, cannabis-based products or cannabis plants when such sale, transfer or delivery is not associated with any medical purpose or use, whether or not such purchase, sale, transfer or delivery is lawful under federal or state law.
Nonprofit organization means any group operating as a registered nonprofit organization serving a public purpose or providing a public service, including such organizations as clubs, lodges, theater groups, recreational and neighborhood associations, cultural activities and private, nonprofit schools.
Noxious matter means material which is capable of causing injury to living organisms by chemical reaction.
Nursing home means a home for the aged, convalescent, chronically ill, or incurable persons, in which two or more persons not of the immediate family are received, kept or provided with food and shelter or care; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
Occupancy means the portion of a building or premises owned, leased, rented, or otherwise occupied for a given use.
Octave band filter means an electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals.
Odor means that property of a substance which affects the sense of smell; any smell; scent; fragrance.
Open air dining area means a seating or dining area of a restaurant, grill, bar, lounge, or similar dining or drinking establishment with or without a roof that is open on at least two sides; for the purpose of this definition an area shall be considered open on a side if there is no barrier between the seating area and the exterior environment or if any barrier is pervious and nonrigid such as, but not limited to, canvas or screening.
Open space means an area of land, excluding rights-of-way, not covered by an impervious surface.
Outside home equipment means tools and furnishings for home patio, pool, and lawns.
Owner means the owner of the fee simple title of record or a vendee under a contract or agreement for deed.
Pain management clinic has the meaning ascribed in F.S. §§ 458.3265 or 459.0137, as applicable, and is a clinic that is required to register with the Florida Department of Health pursuant to F.S. §§ 458.3265 or 459.0137.
Parapet means the extension of a false front or wall above a roofline.
Parking lot means an area or parcel of ground used for the storage or parking of motor vehicles either for compensation or to provide an accessory service to a commercial, industrial, or residential use.
Particulate matter means material which is suspended in or discharged into the atmosphere in a finely divided form either as a liquid or a solid.
Patio home means single-family dwelling units with private outdoor living area serving each unit, side walls of which may be common.
Pawn shop services means an establishment lending money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of property pledged as security.
Performance standard means a criteria established to control such matters as, but not limited to, noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, and glare and heat generated by or inherent in uses of land or buildings.
Personal improvement services means the provision of informational, instructional, personal improvement, and similar services of a non-professional nature. Personal improvement services includes photography studios, driving schools, health or physical fitness studios, dance studios, and handicraft or hobby instruction.
Postal facilities means facilities for the provision of postal services operated by the United States Postal Service and includes post offices, bulk mail processing, and sorting centers.
Printing and publishing means the bulk reproduction, printing, cutting, or binding of written or graphic material.
Professional office means an establishment for the provision of professional or consulting services in the fields of law, architecture, design, engineering, accounting, or similar professions.
Recreation, sports and fitness, indoor means recreational use conducted within an enclosed building. Recreation, sports and fitness, indoor includes such activities as bowling alleys, billiard parlors, ice and roller skating rinks, electronic video (non-gambling) arcades, gymnastic instruction, indoor playgrounds, and indoor racquetball courts. Recreation, sports and fitness, indoor does not include gambling facilities or adult entertainment.
Recreation, sports and fitness, outdoor means recreation use conducted outside of an enclosed building. Recreation, sports and fitness, outdoor includes such activities as stand-alone playgrounds and outdoor athletic facilities.
Recreation space means the portion of land specifically allocated to serve the recreational needs of the neighborhood or community.
Recreational equipment maintenance and storage means the maintenance, service, or storage of sports equipment, watercraft, watercraft motors, trailers, motorcycles, or motor homes.
Religious assembly means organized religious worship or religious education in a permanent or temporary building. Religious assembly does not include private primary or secondary educational facilities, community recreational facilities or day care facilities; a religious organization tax exemption shall constitute prima facie evidence of a religious assembly use.
Residential treatment facility means a counseling or treatment center with 24-hour monitoring and supervision. Residential treatment facility includes alcohol and chemical dependency rehabilitation facilities, facilities to which persons convicted of alcohol or drug-related offenses are ordered to remain under custodial supervision as a condition of probation or parole, and residential care facilities and halfway houses for the emotionally ill.
Restaurant means any establishment where food is served for consumption off the premises or within an enclosed building. Outdoor seating areas in conjunction with the restaurant shall be considered part of the restaurant.
Ringlemann Chart means a method of designating smoke density or opacity as designated in the U.S. Bureau of Mines Information Circular No. 7718 and subsequent amendments thereto.
Roofline means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys or minor projections.
School means institutions providing a full day program of academic classes, public or private.
Scientific research services means research of a scientific nature such as electronics research laboratories, space research or development firms, and pharmaceutical research labs. Scientific research services shall not include animal testing.
Screen enclosure means an accessory structure that is self-supporting and has a permeable roof and walls comprised of insect screening. A screen enclosure may be a detached freestanding structure or attached to a principal or accessory structure.
Service station. See Automobile service station.
Shopping center means a building or buildings where multiple occupancy is permitted and is actually used for individual stores and businesses using a common parking facility.
Skilled nursing facility means a facility for the provision of bed care and in-patient services for persons requiring regular medical attention. Skilled nursing facility does not include the provision of surgical or emergency medical services and the provision of care for alcoholism, drug addiction, mental disease, or communicable disease.
Software development means the development or testing of computer software and associated operating manuals.
Sororities. See Club or lodge.
Standard conditions means a condition in which the gas temperature is 60 degrees Fahrenheit and the gas pressure is 14.7 pounds per square inch, dry basis.
Street means a public or private thoroughfare which affords the principal means of access to abutting property, including publicly owned or controlled streets and permanent easements of record, for ingress and egress, which pass with the land. Street includes lanes, ways or other means of ingress and egress regardless of the term used to describe it.
Street right-of-way line means the dividing line between a lot, tract or parcel of land and a contiguous street.
Structure means all permanent or temporary, fixed or movable construction comprising buildings, stands, signs and billboards erected independently or affixed to exterior walls, provided, however that utility lines and poles shall not be considered structures for the purpose of this chapter.
Swimming pool means any constructed pool over 24 inches in depth or with a surface area exceeding 250 square feet used for swimming or bathing.
Tattoo establishment means any permanent location, place. area, structure, or business where tattooing is performed; provided, however, that beauty salons at which permanent makeup only is applied shall not be considered tattoo establishments. For purposes of professional suites where studio suites or chairs are rented, if tattooing is performed at such location, the entire location shall be considered a single tattoo establishment regardless of the number of chairs rented to different professionals.
Telecommunication tower means a structure built exclusively to support one or more antennae for receiving or transmitting electronic data or telephone communications.
The tree/furnishings/sign area means the area located between the front property line of the property and the build line. This area shall be viewed as the front yard for the district.
Theater means a site for presentation of plays, motion pictures, or other dramatic performances within a building. Theater does not include adult entertainment establishments.
Thrift store means a retail establishment that sells donated secondhand clothes and household goods.
Tourist commercial means public or private or commercial operations associated with the hospitality industry which are intended to provide services primarily to visitors to the Central Florida area.
Tourist home. See Guest home.
Townhouse project means a housing complex irrespective of number of stories where each dwelling unit and all or a portion of the land area is individually owned. The purpose of the townhouse project is to retain the qualities of home ownership and at the same time provide for the attractive qualities of apartment living including higher density, efficiency, convenience, economy and effectively designed and maintained open space. Townhouse projects contain one or more townhouse buildings, each of which contain two or more townhouse units. Parking lots, driveways, walkways and accessory recreation areas may be located in areas retained in common ownership which are owned jointly by the owners of townhouse units.
Townhouse units means self-contained dwellings which are designed and constructed so that the unit and the lot on which it is located will be individually owned. Townhouse units are separated by fireproof and soundproof walls and are designed to provide privacy.
Toxic materials means materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.
Transient sleeping accommodations means rentals of less than 30 days.
Transitional housing means residential housing for the supervision or detention of residents who are making the transition from institutional to community living. Transitional housing includes pre-parole detention facilities and halfway houses for juvenile delinquents and adult offenders, and overnight shelters for the homeless.
Use, principal, means the main use of land or buildings as distinguished from a subordinate or accessory use.
Vehicle storage means the overnight parking or storage of vehicles. Vehicle storage includes storage of vehicles towed from private parking areas and impound yards. Vehicle storage does not include dismantling and salvage, or storage of hobby or recreational vehicles.
Vocational rehabilitation counseling means the counseling of persons with functional, psychological, developmental, cognitive and emotional impairments or health disabilities to overcome barriers to accessing, maintaining or returning to employment or other useful occupation. Vocational rehabilitation counseling does not include in-patient or overnight treatment.
Warehouse club means a membership retail store typically selling a wide variety of merchandise in which customers buy wholesale quantities of consumables.
Waste means material that is excreted by a human or animal body; superfluous or rejected matter; refuse; garbage; ashes; rubbish; sewage and other similar matter.
Yard means an open space at grade between a principal building and the adjoining property lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the extreme support of the roof of the principal building shall be used.
Yard, front, means a yard extending across the front of a lot between the side lot line, and being a minimum horizontal distance between the street line and the principal building or any projections thereof other than the projections of uncovered steps, uncovered balconies, or uncovered porches. On corner lots, the front yard shall be considered as abutting the street upon which the lot has its least dimension.
Yard, rear, means a yard extending across the rear of a lot between the side lot line, and being a minimum horizontal distance between the rear of the principal building or any projections thereof other than the projections of uncovered steps, uncovered balconies, or uncovered porches, and the rear lot line. On all corner lots, the rear yard shall be at the opposite end of the lot from the front yard.
Yard, side, means a yard between the main building and the side line of the lot, and extending from the front lot line to the rear yard, and being the minimum horizontal distance between a side lot line and the side of the main buildings or any projections thereof.
Zero lot line means the location of a building on a lot in such a manner that one or more of the building's sides rests directly on a property line.
(Ord. No. 89-346, § 2(26-4), 3-21-1989; Ord. No. 2000-07, § 1, 12-28-2000; Ord. No. 2001-02, § 1, 1-23-2001; Ord. No. 2005-09, § 2, 11-15-2005; Ord. No. 2012-10, § 1, 11-20-2012; Ord. No. 2014-04, § 2, 6-17-2014; Ord. No. 2018-05, § 2, 4-17-2018; Ord. No. 2018-09, § 2, 8-21-2018; Ord. No. 2019-08, § 2, 11-19-2019; Ord. No. 2019-12, § 2, 1-21-2020; Ord. No. 2020-01, § 1, 4-21-2020; Ord. No. 2024-06, § 2, 9-17-2024; Ord. No. 2024-07, § 2, 9-17-2024)
The regulations and requirements set forth in this chapter have been established in accordance with the city's comprehensive plan with reasonable consideration, among other things, to the prevailing land uses, growth characteristics and the character of the respective districts and their peculiar suitability for particular uses and to encourage the most appropriate use of land throughout the city.
(Ord. No. 89-346, § 2(26-1), 3-21-1989)
In their interpretation and application, the provisions of this chapter shall be the minimum requirements to promote the public health, safety, comfort, good order, appearance, morals and general welfare; to conserve the taxable value of land and buildings and to protect the character and maintain the stability of residential and business areas within the city and to promote the orderly and beneficial development of such areas. Among other purposes, such provisions are intended to provide adequate light, air, privacy and convenience of access to property; to avoid undue concentration of population by regulating and limiting the height and bulk of buildings; the size and open spaces surrounding buildings; to establish building lines; to divide the city into districts restricting and regulating therein the construction, reconstruction, alteration and use of buildings, structures and land for residence, business, industrial and other specified uses and to limit congestion in the public streets by providing off-street parking of motor vehicles and to define the powers and duties of the administrative officer, the board and the city council as provided in this chapter.
(Ord. No. 89-346, § 2(26-2), 3-21-1989)
(a)
By adopting this chapter it is not intended to repeal, change, abrogate, annul or in any way impair or interfere with the existing provisions of other laws or ordinances, except those specifically repealed by this chapter, or of any private restrictions placed upon property by covenant, deed or other private agreement.
(b)
Where this chapter imposes a greater restriction upon the use of buildings or land or upon the height of buildings or lot coverage, or requires greater lot areas, larger yards, or other open spaces than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such private restrictions, the provisions of this chapter shall govern.
(Ord. No. 89-346, § 2(26-3), 3-21-1989)
Where there is any ambiguity or doubt concerning the interpretation of this chapter, the decision of the city clerk shall prevail subject to appeal as provided for in this chapter.
(Ord. No. 89-346, § 2(26-4), 3-21-1989)
Any person who violates any of the provisions of this chapter, or any rule, regulation, order or decision made under this chapter, shall upon conviction be punished as provided in section 1-7 of this Code or shall be subject to any other enforcement provision provided by law or by this chapter.
(Ord. No. 89-346, § 2(26-5), 3-21-1989)
(a)
Use. No building or structure shall be erected and no existing building shall be moved, altered, added to, or enlarged, nor shall any land, building, structure or premises be used or designed to be used for any purpose or in any manner other than a use designated in this chapter, as permitted in the district in which such land, buildings, structure or premises is or are located.
(b)
Height. No structure or building shall be nor shall any existing building be moved, reconditioned or structurally altered so as to exceed in height the limit established in this chapter, for the district in which such building or structure is located.
(c)
Site requirements. No building or structure shall be erected, nor shall any existing building or structure be moved, altered, enlarged or rebuilt, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, in size or area, except in conformity with the building site requirements, and the area and parking space and yard regulations established by this chapter, for the district in which such building or structure is located.
(d)
Density of population. No building, structure, or premises shall be erected or occupied or used so as to provide a greater density of population than is allowed under the terms of this chapter for the district in which such building, structure or premises is or are located.
(e)
Open space use limitation. No yard or other open space provided about any building or structure for the purpose of complying with the regulations of this chapter shall be considered as providing a yard or open space for any other building or structure.
(f)
Required lot and occupancy. Every building or structure hereafter erected shall be located on a lot or tract as defined herein, and in no case shall there be more than one principal building or use on one lot except as hereinafter provided.
(Ord. No. 89-346, § 2(26-45), 3-21-1989)
- IN GENERAL
Except where specific definitions are used within a specific article or section of this chapter, the following terms, phrases, words and their derivation shall have the meanings given herein where not inconsistent with the context. Words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "lot" includes the words "plot" and "tract." The word "building" shall include the word "structure." The words "used for" shall include the meaning "designed for." The word "person" shall include the words "firm, association, organization, partnership, trust, company, corporation," as well as "an individual." The word "shall" is mandatory. Whenever in this chapter a term, phrase or word is not defined, then in that event the city council shall define the same.
Abutting property means any property that is immediately adjacent to or contiguous to property that may be subject to any hearing required to be held under this chapter or that is located immediately across any road or public right-of-way from the property subject to any hearing under this act.
Accessory structures and uses mean subordinate and incidental structures and uses to the principal structure and use, including but not limited to, residential garages, carports, workshops, garden sheds, gazebos, pool houses, cabanas, screen enclosures, and children's play houses. No accessory structure shall be permitted unless a principal structure is located on the same property.
Adult congregate living facility means a structure, in which the owners or operators are subject to licensing and approval by the state department of elder affairs, which is operated as a facility to provide room and board and one or more personal services to unrelated adults, as prescribed in F.S. ch. 400 and F.A.C. ch. 58C-1.
Aircraft means a weight-carrying structure for navigation of the air that is supported either by its own buoyance or by the dynamic action of the air against its surfaces.
Airport means any area of land or water designated and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purpose.
Alley means a private or public way which affords a secondary means of access to the property abutting thereon.
Alternative financial services business means a check cashing business, payday advance or loan business, money transfer business, motor vehicle title loan business, or a credit access business as defined in this section. The term alternative financial services business shall not include: a state or federally chartered bank, savings and loan association, credit union, pawnshop, convenience store, supermarket, or other retail establishment where consumer retail sales constitute at least 75 percent of the total gross revenue.
Apartment house. See Dwelling, multiple-family.
Apothecary shop means an establishment for the retail sale of pharmaceutical, medical and dental supplies, but no other merchandise.
Art gallery means an establishment operated for the display or sale of art.
Art workshop means an establishment where art or handcrafted goods are produced.
Artisan food and personal goods manufacturing means food and personal goods produced by non-industrialized methods, in quantities not intended for mass-output; examples include cheese, charcuterie, coffee roasters, and soaps. This use must include a retail component.
Assisted living housing means housing consisting of multiple dwelling units designed and marketed specifically for the elderly and/or the physically disabled and which does not provide 24-hour nursing care.
Automobile court. See Motel.
Automobile service station means buildings and premises designed so as to cater principally to automobiles, with or without service bays, where items such as gasoline, oils and greases, batteries, tires and automobile accessories are supplied and dispensed at retail.
Automotive repair and services means the repair or servicing of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats. Automotive sales and services includes muffler shops, oil change shops, auto repair garages, tire sales and installation, wheel and brake shops, body and fender shops, and similar repair and service activities.
Automotive sales means the sale or leasing of automobiles, commercial or noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats. Automotive sales includes new and used car, motorcycle, boat, trailer, and recreational vehicle dealerships.
Automotive washing and detailing means the washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment by means of automated or manual washing, waxing, polishing, and drying of automobiles by employees and automated or manual vacuuming and cleaning of the interior of automobiles by employees.
Awning means a shelter above a door or window, projecting from and supported by the exterior wall of a building constructed of rigid or non-rigid durable, weather-resistant materials on a supporting framework that may include a type that can be retracted, folded or collapsed against the wall of a supporting building.
Bail bond services means an establishment operated by a licensed bail bond surety to provide bail bond services.
Bars (alcoholic) means an establishment other than a restaurant, licensed to sell alcoholic beverages for consumption on premises that limits patronage to adults of legal age for the consumption of alcohol and in which food service may be an accessory to the service of alcoholic beverages. A bar may include an area outside of an enclosed building provided the limits of that outdoor area are visually delineated, and such area is included in the licensed premises description in the vendor's license certificate.
Basement means a portion of a building located partly or wholly underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
Beauty salon means an establishment where people go to receive beauty treatments which include some or all of the following: cutting, shampooing, weaving, coloring, waving, or styling hair; hair removal, including laser hair removal; facials; applying makeup, including permanent makeup; and nail care services.
Blank wall means a portion of the exterior facade of the building that does not include windows or doors, columns, pilasters or other articulation greater than 18 inches in depth.
Board means the planning and zoning board of the city.
Boardinghouse or lodginghouse means a dwelling used for the purpose of providing meals or lodging or both to persons other than members of the family occupying such dwelling.
Boat sales areas means a business or location which sells, trades or leases boats and boat trailers, both new and previously owned.
Broadcasting and telecasting station means a radio or television facility where apparatus for transmitting or receiving radio or television signals is assembled.
Broadcasting and telecasting studio means a room or series of rooms maintained by a transmitting radio or television station and equipped for the transmission of programs.
Building means any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind, but not to include mobile home as hereinafter defined.
Building face means the area determined by multiplying the lineal footage of the building, including glass area, times the vertical height of the building.
Building height means the vertical distance from the grade to the highest point of the roof including chimneys.
Building maintenance services means business providing maintenance, custodial, janitorial, landscape maintenance, or window cleaning services.
Build line means a line running parallel to the front property line at which construction of a building facade is required to occur.
Business or trade school means a facility providing education or training in business, commerce, language, or other similar activity or occupational pursuit that is not otherwise described as a home occupation, college, university, or public or private educational facility.
Campground means a site providing camping and related parking areas and incidental services for travelers in recreational vehicles or tents; this term includes recreational vehicle parks.
Cannabis means any plant or part of a plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin.
Cannabis farm means any property used in whole or in part for the growing or cultivation of cannabis plants, whether or not such growing or cultivation is lawful under federal or state law.
Car wash means a facility designed for the washing and/or waxing of motor vehicles, either self-service or full-service. No fuel services shall be allowed in conjunction with a car wash.
Cellar. See Basement.
Clinic means an establishment, other than a pain management clinic as defined herein, where patients who are not lodged overnight are admitted for examination and treatment by one person or a group of persons, practicing any form of healing or health building services to individuals, whether such persons are medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, or any such profession the practice of which is lawful in the state.
Club or lodge means meeting, recreational, or social facilities by a private or nonprofit association, primarily for use by members and guests. This use includes private social clubs and fraternal organizations.
Clubs, bottle, means any establishment operated for pecuniary gain in which no alcoholic beverages are sold, but where patrons are permitted to bring alcoholic beverages upon the premises for consumption.
College and university facilities means an educational institution of higher learning that offers a course of study designed to culminate in the issuance of a degree.
Community events means public events sponsored by the City of Edgewood.
Community food services means establishments primarily engaged in the collection, preparation, and delivery of food for the needy. Community food services establishments may also distribute clothing and blankets to the poor.
Communications services means broadcasting or information relay services through electronic and telephonic mechanisms such as television, film, or sound recording studios, and telecommunication service centers.
Company vehicles mean vehicles owned by a business or other commercial entity, bearing commercial markings related to the business operation, and used by employees or principals of the business operation.
Condominium. See Dwelling, multiple-family.
Consignment shop means a retail establishment that sells secondhand items (typically clothing and accessories) on behalf of the original owner, who receives a percentage of the selling price.
Construction equipment sales and services means an establishment providing construction activities, the incidental storage of materials on sites other than construction sites, and the on-site sale of materials used in the construction of buildings or other structures. Construction equipment sales and services shall not include establishments limited to retail sales of paint, hardware and fixtures.
Consumer convenience services means an establishment that provides limited personal convenience services, such as private postal and safety deposit boxes and automated banking machines, to individuals in access-controlled facilities that make 24-hour operation possible.
Consumer electronics/communication equipment repair services means an establishment providing repair services on electronics such as televisions, computers, or smartphones, bought for personal rather than commercial use. Consumer electronics/communication equipment repair services does not include large appliance repair services, automotive repair or service stations.
Convenience storage means storage services primarily for personal effects and household goods within enclosed storage areas having individual access. This use includes mini-warehouses.
Craft distillery means an establishment that is licensed by the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco to produce distilled spirits; such establishment must include a retail and/or eating/drinking/cafe requirement onsite and may include a tasting room and office establishment or event facility components in addition to the area devoted to production of liquors.
Detention facilities means a residential facility operated by public agency for housing and care of legally confined individuals.
Dormitories means a room, apartment or building containing sleeping accommodations which is operated for the use of students enrolled in an educational institution.
Drive-in restaurants means an establishment where food is served for consumption on the premises.
Dwelling means a building or portion thereof, designed or used exclusively for residential occupancy, but not including hotels, lodginghouses, modular homes, motels, or mobile homes.
Dwelling, multiple-family, means a building designed for or occupied exclusively by two or more families, including, but not limited to, apartment houses and condominiums.
Dwelling, single-family, means a detached dwelling containing complete housekeeping facilities for one family only, designed for or occupied exclusively by one family for usual domestic purposes, and having no enclosed space or cooking or sanitary facilities in common with any other dwelling.
Emergency relief services means an establishment providing immediate financial and/or material support to people in financial crisis; the type of assistance offered will vary but may include: provision of food, transport or pharmaceutical vouchers; part-payment of utility accounts; provision of food parcels or clothing; budgeting assistance; and referrals to other services that help to address underlying causes of financial crisis.
Emergency utility vehicle means any vehicle owned by a public or private utilities service which is used in the event of emergencies requiring immediate attention.
Emission means the act of passing into the atmosphere an air contaminant or gas stream which contains or may contain an air contaminant; or the material so passed into the atmosphere.
Exterminating services means an establishment providing off-site services for the eradication or control of rodents, insects, or other pests.
Family means an individual or two or more persons related by blood, marriage or adoption, exclusive of household servants, occupying a dwelling and living as a single nonprofit housekeeping unit, as distinguished from persons occupying a boardinghouse, apartment house or hotel, as herein defined. A number of persons not exceeding three occupying a dwelling and living as a single nonprofit housekeeping unit, though not related by blood, marriage or adoption, shall be deemed to constitute a family.
Flea market, outdoor means an outdoor market selling secondhand goods.
Fleet vehicles means vehicles owned by a business or other commercial entity and used by employees or principals of the business operation in the delivery of goods or provision of services.
Foster care facility means a structure in which the owners or operators are subject to licensing and approval by the state department of health and rehabilitative services, and provide basic care and supervision in a family living environment for four or more clients, not related to the owners or operators. Homes providing respite care services shall be treated in the same manner as foster care facilities.
Foster home means a structure in which the owners or operators are subject to licensing or approval by the state department of health and rehabilitative services, live permanently, and provide full-time care and supervision in a family living environment to a maximum of three full-time clients, who are unrelated to the owners or operators. Homes providing respite care services shall be treated in the same manner as foster care facilities.
Fraternities. See Club or lodge.
Funeral services means the preparation of human dead for burial and arranging or managing funerals. Funeral services includes funeral homes and mortuaries. Funeral services does not include crematories.
Furniture repair means the rebuilding, rehabilitation, renovation, repair and restoration of furniture, including antique furniture and furnishings.
Garage apartment means an accessory or subordinate building containing living facilities for not more than one family and an enclosed space for at least one automobile, not a part or attached to the principal building.
Garage, mechanical, means buildings and premises designed for the supplying of services catering to the maintenance, service and repair of automobiles such as:
Sale and servicing of spark plugs, batteries and distributors.
Tire repair and servicing, but no recapping.
Replacement of mufflers and tailpipes, water hose, fan belts, brake fluid, lightbulbs, floor mats, seat covers, wiper blades, windshield wipers and replacement of grease retainers and wheel bearings.
Radiator cleaning and flushing.
Washing and polishing.
Greasing and lubrication.
Exchanging fuel oil pumps and installing fuel lines.
Minor servicing and replacing of carburetors.
Emergency wiring repairs.
Adjusting and repair of brakes.
Adjustment of engines.
But not including:
Bodywork.
Painting of automobiles or other vehicles.
Storage of vehicles for the purpose of using parts of said vehicles for sale or repair.
Any condition which may be classified as a junkyard.
Garage, residential, means an accessory building or portion of the principal building including carport used for the storage of automobiles of the occupants of the principal building.
Garage, storage, means a building or portion thereof designed or used exclusively for the storage or parking of automobiles.
Garden center means a retail establishment that sells plants and related products for domestic gardens.
Gross land area means the total amount of land included in the project legal description. (Natural water bodies shall not be included, whether partially or totally included in the legally described tract.)
Guest cottages means living quarters within a detached accessory building located on the same lot or parcel of land as the principal building, to be used exclusively for housing members of the family occupying the principal building and their nonpaying guests, such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling.
Guest (tourist) home means a private dwelling in which transient sleeping accommodations are provided for compensation, especially motor tourists or travelers.
Heavy equipment sales, repairs, and servicing means the sale, rental, repair or servicing of non-passenger trucks, tractors, construction equipment, agricultural implements, mobile homes, or similar heavy equipment, including incidental storage. Heavy equipment sales, repairs, and servicing includes non-passenger truck dealerships, construction equipment dealerships, mobile home sales establishments, non-passenger truck repair garages, tractor and farm implement repair services, machine shops, and dismantling and salvage activity.
Home occupation means any use conducted entirely within a dwelling or accessory building and carried on by an occupant thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.
Hotel means a building or other structure used and maintained as a place where transient sleeping accommodations are supplied to guests.
Impervious surface ratio (ISR) means a surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes most conventionally surfaced streets, roofs, sidewalks, parking lots, patios, wet pond surface areas at normal or control elevation, 50 percent of water surface of swimming pools, and other similar nonporous surfaces, but does not include dry bottom stormwater facilities or wood decks over soil (with spaces between planks). Determinations regarding permeability of material or surface shall be at the sole discretion of the city engineer or designee. "Impervious surface ratio" is the impervious surface of a parcel or lot divided by the total parcel or lot area, expressed as a percent. ISR requirement controls the intensity of development by restricting the amount of land covered by any type of impervious surface. The ISRs listed in this Code for various zoning districts shall be the maximum allowed. The ISR requirement for a particular parcel or lot area shall be supported by the necessary drainage calculations and shall be determined at the discretion of the city engineer.
Junkyard means an area where waste, used or secondhand materials, equipment and/or machinery is bought, sold, exchanged, bagged, maintained, stored, recycled, baled, packed, disassembled, or handled, including, but not limited to, wrecked or inoperable automobiles, scrap iron and other metals, paper, rags, rubber tires, bottles, and used building materials, plumbing fixtures, electrical fixtures and lumber. Junkyard shall include specifically, but not by way of limitation, automobile wrecking yards, building materials wrecking and/or storage yards and used appliance wrecking and/or storage yards.
Kennel means any building, lot, structure or premises where four or more dogs and/or cats over six months of age are kept for any purpose, excluding pet shops, pet hospitals, pet beauty parlors and hobby kennels.
Kennel, hobby, means any building, lot, structure or premises where four or more dogs and/or cats over six months of age are kept solely for the owner's companionship, recreational, sporting or hobby purposes, where no services are offered for remuneration, and where no puppies or kittens are sold or offered for sale, with the exception that one litter of puppies or kittens may be sold every 12 months.
Landscape equipment storage means the use of a site for outdoor storage landscaping equipment and of vehicles and trailers used to transport landscaping equipment.
Laundry, self-service, means a business that provides coin-operated washing, drying, dry cleaning and/or ironing machines for hire to be used by customers on the premises.
Liner building means a building that is placed on the exterior of a parking structure for the purpose of screening the parking structure from view and maintaining an active street frontage instead of the dead space typically found next to a parking garage.
Lot means a parcel of land occupied or intended for occupancy by a use permitted in this chapter.
Lot, corner, means a lot abutting two or more streets at their intersection.
Lot depth means the distance measured from the midpoint of the front line to the midpoint of the opposite rear line of the lot.
Lot, double frontage, means the lot having a frontage on two nonintersecting streets as distinguished from a corner lot.
Lot frontage, commercial and industrial, means all the commercial and industrial property on the width of the lot abutting the street with heaviest traffic usage.
Lot frontage, residential, means all the property on the narrow width of a lot abutting a street right-of-way.
Lot, interior, means a lot other than a corner lot.
Lot of record means a lot which is part of a subdivision, the plat of which has been lawfully recorded in the office of the clerk of the circuit court of the county, or a parcel of land, the deed of which was lawfully recorded in the office of the clerk of the circuit court of the county on or before October 7, 1957.
Lot, reversed corner, means a corner lot on the side street lot line of which is substantially the continuation of the front lot line of the first lot to its rear.
Lot width means the horizontal distance between the side lot lines, measured at right angles to the depth.
Major street plan means a plan for existing or proposed traffic thoroughfares for the city, as amended.
Major utility facilities means generating plants, electrical switching facilities or primary substations, refuse collection or disposal facilities, water or wastewater treatment plants, or similar facilities.
Mansard roof means a scoped roof or roof-like facade, architecturally comparable to a building wall.
Medical marijuana dispensary means a facility that is operated by an organization or business holding all necessary licenses and permits from which marijuana, cannabis, cannabis-based products, or cannabis plants are delivered, purchased, possessed, or dispensed for medical purposes and operated in accordance with all local, federal and state laws. Physicians authorized by state law to order low-THC cannabis, as defined in Florida Statutes, for patients' medical use are not included in the definition of medical marijuana dispensary.
Medical offices/clinics means an establishment for consultation, examination, diagnosis, therapeutic, preventative, or corrective personal treatment by doctors, dentists, medical or dental laboratories, or similar state licensed practitioners of medical and healing arts. Medical offices/clinics does not include pain management clinics.
Medical use means the prescriptive use of any form of cannabis to treat a qualifying medical condition and the symptoms associated with that condition or to alleviate the side effects of a qualifying medical treatment.
Micro-brewery means an establishment comprising less than 15,000 square feet that is licensed by the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco to manufacture malt beverages and may include a tasting room and retail space to sell malt beverages produced on the premises along with related retail items and food.
Micro-winery means an establishment comprising less than 15,000 square feet that is licensed by the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco to produce wine and may include a tasting room and retail space to sell wine produced on the premises along with related retail items and food.
Minimum building frontage means the minimum width of a building as measured along the building's frontage to a road. Minimum building frontage is based on a percentage of the subject lot's road frontage.
Minimum lot frontage means the minimum width of a lot where it adjoins a street.
Mixed use building means a building where the ground floor is occupied by retail, service, and/or office uses and the upper floors are occupied residential dwelling units or a mixture of residential dwelling units and non-residential uses.
Mobile home means a movable or portable detached single-family dwelling designed for and capable of being used for longterm occupancy, or a temporary office, or a temporary storage building, designed to be transported after fabrication on its own permanent chassis and wheels, arriving at the site substantially complete. This definition shall also include motor homes which are defined as an automotive vehicle built on a truck or bus chassis and equipped as a self-contained traveling home.
Modular homes means a building used for residential purposes, which is a transportable structure in one or more sections, built on a permanent chassis with plumbing, heating and electrical systems, and manufactured off-site.
Monument retail sales means the retail sale of monuments and markers for placement on graves and includes the sale, storage, and delivery of headstones, footstones, markers, statues, obelisks, cornerstones, and ledgers.
Motel means a building or groups of buildings, whether detached or in connected units, used as transient sleeping accommodations designed primarily for transient automobile travelers. The term "motel" includes buildings designated as auto courts, tourist courts, motor lodge, and similar appellations.
Motor vehicle lot means a business or location which buys, sells, trades or leases motor vehicles, both new and previously owned, including, but not limited to, automobiles, trucks, recreational vehicles, motorcycles, vans, mopeds and other vehicles of the type and kind required to be registered, licensed and/or titled by or under the authority of the state.
Multi-dwelling residential buildings means non-transient residential buildings consisting of two or more dwelling units. Multi-dwelling residential buildings includes condominium and townhouse residential developments and specifically excludes institutional living facilities providing 24-hour nursing or medical care and detention facilities.
Multiple tenant structure means any building or structure designed or constructed for two or more tenants.
Museum means an enclosed building in which objects of historical, scientific, artistic or cultural interest are stored and exhibited.
Net land area means the total amount of land outside of (publicly dedicated) rights-of-way or support facilities; (e.g., natural water bodies, utility sites, or stormwater retention areas will not be included in the computation of net land area).
Net lot area means the land area included in an individual lot or parcel, not including land for use as rights-of-way, support facilities and common areas.
Nonconforming use means any use of a building or land lawfully existing at the time of adoption of the ordinance from which this chapter is derived or amendments thereto which does not conform after the passage of the ordinance from which this chapter is derived or amendments thereto with the use regulations of the district in which it is located.
Non-medical marijuana sales means the purchase, sale, transfer or delivery of marijuana, cannabis, cannabis-based products or cannabis plants when such sale, transfer or delivery is not associated with any medical purpose or use, whether or not such purchase, sale, transfer or delivery is lawful under federal or state law.
Nonprofit organization means any group operating as a registered nonprofit organization serving a public purpose or providing a public service, including such organizations as clubs, lodges, theater groups, recreational and neighborhood associations, cultural activities and private, nonprofit schools.
Noxious matter means material which is capable of causing injury to living organisms by chemical reaction.
Nursing home means a home for the aged, convalescent, chronically ill, or incurable persons, in which two or more persons not of the immediate family are received, kept or provided with food and shelter or care; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
Occupancy means the portion of a building or premises owned, leased, rented, or otherwise occupied for a given use.
Octave band filter means an electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals.
Odor means that property of a substance which affects the sense of smell; any smell; scent; fragrance.
Open air dining area means a seating or dining area of a restaurant, grill, bar, lounge, or similar dining or drinking establishment with or without a roof that is open on at least two sides; for the purpose of this definition an area shall be considered open on a side if there is no barrier between the seating area and the exterior environment or if any barrier is pervious and nonrigid such as, but not limited to, canvas or screening.
Open space means an area of land, excluding rights-of-way, not covered by an impervious surface.
Outside home equipment means tools and furnishings for home patio, pool, and lawns.
Owner means the owner of the fee simple title of record or a vendee under a contract or agreement for deed.
Pain management clinic has the meaning ascribed in F.S. §§ 458.3265 or 459.0137, as applicable, and is a clinic that is required to register with the Florida Department of Health pursuant to F.S. §§ 458.3265 or 459.0137.
Parapet means the extension of a false front or wall above a roofline.
Parking lot means an area or parcel of ground used for the storage or parking of motor vehicles either for compensation or to provide an accessory service to a commercial, industrial, or residential use.
Particulate matter means material which is suspended in or discharged into the atmosphere in a finely divided form either as a liquid or a solid.
Patio home means single-family dwelling units with private outdoor living area serving each unit, side walls of which may be common.
Pawn shop services means an establishment lending money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of property pledged as security.
Performance standard means a criteria established to control such matters as, but not limited to, noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, and glare and heat generated by or inherent in uses of land or buildings.
Personal improvement services means the provision of informational, instructional, personal improvement, and similar services of a non-professional nature. Personal improvement services includes photography studios, driving schools, health or physical fitness studios, dance studios, and handicraft or hobby instruction.
Postal facilities means facilities for the provision of postal services operated by the United States Postal Service and includes post offices, bulk mail processing, and sorting centers.
Printing and publishing means the bulk reproduction, printing, cutting, or binding of written or graphic material.
Professional office means an establishment for the provision of professional or consulting services in the fields of law, architecture, design, engineering, accounting, or similar professions.
Recreation, sports and fitness, indoor means recreational use conducted within an enclosed building. Recreation, sports and fitness, indoor includes such activities as bowling alleys, billiard parlors, ice and roller skating rinks, electronic video (non-gambling) arcades, gymnastic instruction, indoor playgrounds, and indoor racquetball courts. Recreation, sports and fitness, indoor does not include gambling facilities or adult entertainment.
Recreation, sports and fitness, outdoor means recreation use conducted outside of an enclosed building. Recreation, sports and fitness, outdoor includes such activities as stand-alone playgrounds and outdoor athletic facilities.
Recreation space means the portion of land specifically allocated to serve the recreational needs of the neighborhood or community.
Recreational equipment maintenance and storage means the maintenance, service, or storage of sports equipment, watercraft, watercraft motors, trailers, motorcycles, or motor homes.
Religious assembly means organized religious worship or religious education in a permanent or temporary building. Religious assembly does not include private primary or secondary educational facilities, community recreational facilities or day care facilities; a religious organization tax exemption shall constitute prima facie evidence of a religious assembly use.
Residential treatment facility means a counseling or treatment center with 24-hour monitoring and supervision. Residential treatment facility includes alcohol and chemical dependency rehabilitation facilities, facilities to which persons convicted of alcohol or drug-related offenses are ordered to remain under custodial supervision as a condition of probation or parole, and residential care facilities and halfway houses for the emotionally ill.
Restaurant means any establishment where food is served for consumption off the premises or within an enclosed building. Outdoor seating areas in conjunction with the restaurant shall be considered part of the restaurant.
Ringlemann Chart means a method of designating smoke density or opacity as designated in the U.S. Bureau of Mines Information Circular No. 7718 and subsequent amendments thereto.
Roofline means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys or minor projections.
School means institutions providing a full day program of academic classes, public or private.
Scientific research services means research of a scientific nature such as electronics research laboratories, space research or development firms, and pharmaceutical research labs. Scientific research services shall not include animal testing.
Screen enclosure means an accessory structure that is self-supporting and has a permeable roof and walls comprised of insect screening. A screen enclosure may be a detached freestanding structure or attached to a principal or accessory structure.
Service station. See Automobile service station.
Shopping center means a building or buildings where multiple occupancy is permitted and is actually used for individual stores and businesses using a common parking facility.
Skilled nursing facility means a facility for the provision of bed care and in-patient services for persons requiring regular medical attention. Skilled nursing facility does not include the provision of surgical or emergency medical services and the provision of care for alcoholism, drug addiction, mental disease, or communicable disease.
Software development means the development or testing of computer software and associated operating manuals.
Sororities. See Club or lodge.
Standard conditions means a condition in which the gas temperature is 60 degrees Fahrenheit and the gas pressure is 14.7 pounds per square inch, dry basis.
Street means a public or private thoroughfare which affords the principal means of access to abutting property, including publicly owned or controlled streets and permanent easements of record, for ingress and egress, which pass with the land. Street includes lanes, ways or other means of ingress and egress regardless of the term used to describe it.
Street right-of-way line means the dividing line between a lot, tract or parcel of land and a contiguous street.
Structure means all permanent or temporary, fixed or movable construction comprising buildings, stands, signs and billboards erected independently or affixed to exterior walls, provided, however that utility lines and poles shall not be considered structures for the purpose of this chapter.
Swimming pool means any constructed pool over 24 inches in depth or with a surface area exceeding 250 square feet used for swimming or bathing.
Tattoo establishment means any permanent location, place. area, structure, or business where tattooing is performed; provided, however, that beauty salons at which permanent makeup only is applied shall not be considered tattoo establishments. For purposes of professional suites where studio suites or chairs are rented, if tattooing is performed at such location, the entire location shall be considered a single tattoo establishment regardless of the number of chairs rented to different professionals.
Telecommunication tower means a structure built exclusively to support one or more antennae for receiving or transmitting electronic data or telephone communications.
The tree/furnishings/sign area means the area located between the front property line of the property and the build line. This area shall be viewed as the front yard for the district.
Theater means a site for presentation of plays, motion pictures, or other dramatic performances within a building. Theater does not include adult entertainment establishments.
Thrift store means a retail establishment that sells donated secondhand clothes and household goods.
Tourist commercial means public or private or commercial operations associated with the hospitality industry which are intended to provide services primarily to visitors to the Central Florida area.
Tourist home. See Guest home.
Townhouse project means a housing complex irrespective of number of stories where each dwelling unit and all or a portion of the land area is individually owned. The purpose of the townhouse project is to retain the qualities of home ownership and at the same time provide for the attractive qualities of apartment living including higher density, efficiency, convenience, economy and effectively designed and maintained open space. Townhouse projects contain one or more townhouse buildings, each of which contain two or more townhouse units. Parking lots, driveways, walkways and accessory recreation areas may be located in areas retained in common ownership which are owned jointly by the owners of townhouse units.
Townhouse units means self-contained dwellings which are designed and constructed so that the unit and the lot on which it is located will be individually owned. Townhouse units are separated by fireproof and soundproof walls and are designed to provide privacy.
Toxic materials means materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.
Transient sleeping accommodations means rentals of less than 30 days.
Transitional housing means residential housing for the supervision or detention of residents who are making the transition from institutional to community living. Transitional housing includes pre-parole detention facilities and halfway houses for juvenile delinquents and adult offenders, and overnight shelters for the homeless.
Use, principal, means the main use of land or buildings as distinguished from a subordinate or accessory use.
Vehicle storage means the overnight parking or storage of vehicles. Vehicle storage includes storage of vehicles towed from private parking areas and impound yards. Vehicle storage does not include dismantling and salvage, or storage of hobby or recreational vehicles.
Vocational rehabilitation counseling means the counseling of persons with functional, psychological, developmental, cognitive and emotional impairments or health disabilities to overcome barriers to accessing, maintaining or returning to employment or other useful occupation. Vocational rehabilitation counseling does not include in-patient or overnight treatment.
Warehouse club means a membership retail store typically selling a wide variety of merchandise in which customers buy wholesale quantities of consumables.
Waste means material that is excreted by a human or animal body; superfluous or rejected matter; refuse; garbage; ashes; rubbish; sewage and other similar matter.
Yard means an open space at grade between a principal building and the adjoining property lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the extreme support of the roof of the principal building shall be used.
Yard, front, means a yard extending across the front of a lot between the side lot line, and being a minimum horizontal distance between the street line and the principal building or any projections thereof other than the projections of uncovered steps, uncovered balconies, or uncovered porches. On corner lots, the front yard shall be considered as abutting the street upon which the lot has its least dimension.
Yard, rear, means a yard extending across the rear of a lot between the side lot line, and being a minimum horizontal distance between the rear of the principal building or any projections thereof other than the projections of uncovered steps, uncovered balconies, or uncovered porches, and the rear lot line. On all corner lots, the rear yard shall be at the opposite end of the lot from the front yard.
Yard, side, means a yard between the main building and the side line of the lot, and extending from the front lot line to the rear yard, and being the minimum horizontal distance between a side lot line and the side of the main buildings or any projections thereof.
Zero lot line means the location of a building on a lot in such a manner that one or more of the building's sides rests directly on a property line.
(Ord. No. 89-346, § 2(26-4), 3-21-1989; Ord. No. 2000-07, § 1, 12-28-2000; Ord. No. 2001-02, § 1, 1-23-2001; Ord. No. 2005-09, § 2, 11-15-2005; Ord. No. 2012-10, § 1, 11-20-2012; Ord. No. 2014-04, § 2, 6-17-2014; Ord. No. 2018-05, § 2, 4-17-2018; Ord. No. 2018-09, § 2, 8-21-2018; Ord. No. 2019-08, § 2, 11-19-2019; Ord. No. 2019-12, § 2, 1-21-2020; Ord. No. 2020-01, § 1, 4-21-2020; Ord. No. 2024-06, § 2, 9-17-2024; Ord. No. 2024-07, § 2, 9-17-2024)
The regulations and requirements set forth in this chapter have been established in accordance with the city's comprehensive plan with reasonable consideration, among other things, to the prevailing land uses, growth characteristics and the character of the respective districts and their peculiar suitability for particular uses and to encourage the most appropriate use of land throughout the city.
(Ord. No. 89-346, § 2(26-1), 3-21-1989)
In their interpretation and application, the provisions of this chapter shall be the minimum requirements to promote the public health, safety, comfort, good order, appearance, morals and general welfare; to conserve the taxable value of land and buildings and to protect the character and maintain the stability of residential and business areas within the city and to promote the orderly and beneficial development of such areas. Among other purposes, such provisions are intended to provide adequate light, air, privacy and convenience of access to property; to avoid undue concentration of population by regulating and limiting the height and bulk of buildings; the size and open spaces surrounding buildings; to establish building lines; to divide the city into districts restricting and regulating therein the construction, reconstruction, alteration and use of buildings, structures and land for residence, business, industrial and other specified uses and to limit congestion in the public streets by providing off-street parking of motor vehicles and to define the powers and duties of the administrative officer, the board and the city council as provided in this chapter.
(Ord. No. 89-346, § 2(26-2), 3-21-1989)
(a)
By adopting this chapter it is not intended to repeal, change, abrogate, annul or in any way impair or interfere with the existing provisions of other laws or ordinances, except those specifically repealed by this chapter, or of any private restrictions placed upon property by covenant, deed or other private agreement.
(b)
Where this chapter imposes a greater restriction upon the use of buildings or land or upon the height of buildings or lot coverage, or requires greater lot areas, larger yards, or other open spaces than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such private restrictions, the provisions of this chapter shall govern.
(Ord. No. 89-346, § 2(26-3), 3-21-1989)
Where there is any ambiguity or doubt concerning the interpretation of this chapter, the decision of the city clerk shall prevail subject to appeal as provided for in this chapter.
(Ord. No. 89-346, § 2(26-4), 3-21-1989)
Any person who violates any of the provisions of this chapter, or any rule, regulation, order or decision made under this chapter, shall upon conviction be punished as provided in section 1-7 of this Code or shall be subject to any other enforcement provision provided by law or by this chapter.
(Ord. No. 89-346, § 2(26-5), 3-21-1989)
(a)
Use. No building or structure shall be erected and no existing building shall be moved, altered, added to, or enlarged, nor shall any land, building, structure or premises be used or designed to be used for any purpose or in any manner other than a use designated in this chapter, as permitted in the district in which such land, buildings, structure or premises is or are located.
(b)
Height. No structure or building shall be nor shall any existing building be moved, reconditioned or structurally altered so as to exceed in height the limit established in this chapter, for the district in which such building or structure is located.
(c)
Site requirements. No building or structure shall be erected, nor shall any existing building or structure be moved, altered, enlarged or rebuilt, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, in size or area, except in conformity with the building site requirements, and the area and parking space and yard regulations established by this chapter, for the district in which such building or structure is located.
(d)
Density of population. No building, structure, or premises shall be erected or occupied or used so as to provide a greater density of population than is allowed under the terms of this chapter for the district in which such building, structure or premises is or are located.
(e)
Open space use limitation. No yard or other open space provided about any building or structure for the purpose of complying with the regulations of this chapter shall be considered as providing a yard or open space for any other building or structure.
(f)
Required lot and occupancy. Every building or structure hereafter erected shall be located on a lot or tract as defined herein, and in no case shall there be more than one principal building or use on one lot except as hereinafter provided.
(Ord. No. 89-346, § 2(26-45), 3-21-1989)