A.

Except as provided in the ULDR:

1.

No building shall be erected, reconstructed or structurally altered, nor shall any building, land or water be used for any purpose other than is permitted in the district in which such building or land is located.

2.

No building shall be erected, reconstructed or structurally altered to exceed the height or bulk limit herein established for the district in which such building is located.

3.

No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by the ULDR, nor shall the density of population be increased in any manner except in conformity with the area regulations established by the ULDR.

4.

No yard or other open space provided about any building for the purpose of complying with the provisions of the ULDR shall be considered as providing a yard or open space for any other building; provided further, that no yard or open space on an adjoining property shall be considered as providing a yard or open space on a lot whereon a building is to be erected.

5.

Every building erected shall be located on a lot as defined in the ULDR.

6.

The height restrictions as to buildings located in RS-4.4, RS-8, RD-15, RC-15 and RM-15 zoning districts shall not apply to civilian disaster and defense and amateur radio masts and towers.

(Ord. No. C-97-19, § 1(47-34.1), 6-18-97)

A.

The director, the building official, the chief of police and such city employees as they shall designate are hereby designated and authorized to enforce the ULDR.

B.

It shall be unlawful to use any property within the city in violation of the requirements of the ULDR.

C.

Any person or persons, owner or owner's agent, or member or employee of any firm, company or corporation who shall violate or permit to be violated, or cause to be violated any provision of the ULDR shall, upon conviction, be punished as provided in Section 1-6 of Volume I of the Code.

D.

It shall be unlawful to use property, or erect, alter or use any building or structure or part thereof, or land or water, in a manner which violates the terms and conditions of a development permit or order issued by the city commission, planning and zoning board, development review committee, board of adjustment, historic preservation board or director of the department, or his designee. As used in this subsection D, a development permit or order shall mean any permit or order which authorizes the use or development of property and shall include, but not be limited to, a beach development permit, development plan approval, development review committee development permit, variance, special exception, plat approval, land use amendment, parking reduction approval, certificate of appropriateness, conditional use approval, development of regional impact or rezoning.

(Ord. No. C-97-19, § 1(47-34.2), 6-18-97)

A.

The issuance or granting of a permit or approval of plans or specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of the ULDR. No permit presuming to give the authority to violate or cancel the provisions of the Code shall be valid except insofar as the work or use which it authorizes is lawful.

B.

The issuance of a permit upon plans and specifications shall not prevent the building inspector from thereafter requiring the correction of errors in such plans and specifications, or preventing building operations being carried on thereunder when in violation of the ULDR or any ordinances of the city.

C.

If any person displays a sign or advertisement indicating the conduct of a business or profession at a given location, or advertises a business or profession in the classified section of the newspaper, telephone directory or city directory or other media, or otherwise represents himself as being engaged in a business, occupation or profession at a particular location, such activities shall constitute evidence that such business, occupation or profession is being conducted at that location and that such person is holding himself out as being engaged in such business, occupation or profession.

(Ord. No. C-97-19, § 1(47-34.3), 6-18-97)

A.

Parking or storage in residential rights-of-way.

1.

No person shall park, store, or knowingly permit another person to park or store, any of the vehicles or commercial watercraft described below in or upon any right-of-way or waterway at any time within any residentially zoned district. The provisions of this section do not apply if the person having custody of a commercial vehicle, or a trailer coupled to it, or both, or a commercial watercraft as described below, is actively and temporarily engaged in rendering a business or commercial service to the residential property next to the right-of-way or waterway.

2.

The vehicles or commercial watercraft which shall not be parked or stored in or upon any such right-of-way or waterway are described as follows:

a.

Any "commercial vehicle," which is a vehicle self-propelled by a motor, having more than four (4) tires, and:

i.

Which bears any sign or marking which advertises or identifies any business or commercial venture; or

ii.

Which is used or designed for a business or commercial purpose.

b.

Any "mobile home," which is a nonmotorized vehicle designed to be used either temporarily or permanently as a residence or living quarters.

c.

Any "trailer," which is any wheeled device or vehicle upon or within which persons or property may be transported over a road, if coupled to or capable of being drawn by a motor vehicle.

d.

Any "bus," which is any motor vehicle used or originally designed for transporting ten (10) or more passengers, whether or not such transportation is for compensation.

e.

Any "recreational vehicle unit," which is any vehicle designed or primarily used for recreational, camping or travel use, which either has its own motor power, or which is mounted upon or drawn by another vehicle and used or designed to be used as temporary living or sleeping quarters.

f.

Any "inoperable vehicle," which is any vehicle, whether motorized or nonmotorized, in, upon or by which any person or property is or may be transported or drawn upon a road, which is inoperable because it is wrecked, derelict or partially dismantled. Any vehicle which does not display a current license tag is presumed to be inoperable.

g.

Any commercial watercraft used primarily as a work platform for the construction of improvements to the upland property where it is positioned.

3.

Any vehicles parked in a right-of-way in violation of this subsection may be towed and the charges for towing and storage shall constitute a lien against such vehicle, as provided by state law. Enforcement personnel shall, as soon as practicable, give notice to the vehicle owner or operator of such removal and information as to its location.

4.

The owner of the upland property abutting a waterway where any commercial vessel as described above is positioned in violation of this section shall be subject to the penalties specified in the ULDR.

B.

Overnight parking of specified vehicles, boats and trailers in residential districts.

1.

No person shall park, store or knowingly permit another person to park or store any of the vehicles described in subsection B.3 upon any residentially zoned property at any time between the hours of 9:00 p.m. and 6:00 a.m. unless it is:

a.

Parked or stored within a garage or carport which is enclosed on any side of a property abutting residential property and is concealed or screened from view from any street abutting the parcel where the vehicle is located; or

b.

Concealed or screened from view from any street abutting the parcel where the vehicle is located and from any contiguous residential property by landscaping or fencing. Screening shall be provided in accordance with subsection B.5.

2.

On property which is zoned RS-4.4, the following additional restrictions shall apply:

a.

A recreational vehicle unit, exceeding twenty-one (21) feet in length or ten (10) feet in height must be parked in a side or rear yard of a property, shall not extend beyond the front face of the residential structure, must be able to directly access abutting right-of-way and must be screened from view from abutting right-of-way and contiguous residential property. Screening shall be provided in accordance with subsection B.5.

b.

A boat, a boat on a trailer, a boat trailer or any combination of same in excess of twenty-one (21) feet in length or ten (10) feet in height must be parked in a side or rear yard of a property, shall not extend beyond the front face of the residential structure, must be able to directly access abutting right-of-way and must be screened from view from abutting right-of-way and contiguous residential property. Screening shall be provided in accordance with subsection B.5.

c.

No boat, a boat on a trailer, boat trailer, or recreational vehicle which exceeds thirty-five (35) feet can be parked on RS-4.4 zoned property.

3.

The vehicles which shall not be parked or stored upon such property during such hours as provided in subsection B.1 and the boats or trailers regulated as provided in subsection B.2 are described as follows:

a.

Any "commercial vehicle," which is a vehicle self propelled by a motor, having more than four (4) tires, and:

i.

Which bears any sign or marking which advertises or identifies any business or commercial venture; or

ii.

Which is used or designed for a business or commercial purpose.

b.

Any "mobile home," which is a nonmotorized vehicle designed to be used either temporarily or permanently as a residence or living quarters.

c.

Any "bus," which is any motor vehicle used or originally designed for transporting ten (10) or more passengers, whether or not such transportation is for compensation.

d.

Any "inoperable vehicle," which is any vehicle, whether motorized or nonmotorized, including watercraft, and including any vehicle on a trailer, in, upon or by which any person or property is or may be transported or drawn upon a road, which is inoperable because it is wrecked, derelict or partially dismantled. Any vehicle which does not display a current license tag is presumed to be inoperable.

e.

On property zoned RS-4.4, any recreational vehicle unit as defined in Sec. 47-34.4.A.2.e.

f.

On property zoned RS-4.4, any boat, boat on trailer or boat trailer. A boat is defined as a vessel propelled by oars, wind or machinery and capable of being used as a means of transportation on water, but not to include a personal watercraft as defined by F.S. ch. 327.

4.

The provisions of this section do not apply to a mobile home park or stored on property located in a mobile home park or to a bus or to a bus owned or operated by a church, educational institution or governmental entity parked upon lands owned or operated by the church, institution or entity.

5.

When a vehicle, boat or trailer is required to be screened from view as required by this Sec. 47-34.4, such screening by landscaping shall be by installation of a hedge to screen the vehicle only. Hedge material shall be thirty-six (36) inches high when first planted, shall increase in height at a rate of one (1) foot per year and shall be maintained at a height equal to the roofline of any vehicle, boat or trailer which is less than eight (8) feet in height, and to a maximum of eight (8) feet in height for any vehicle, boat or trailer greater than eight (8) feet in height. If a fence is used for screening, the fence shall be a minimum of six (6) feet in height and must be opaque.

C.

Use of vehicle for living or sleeping prohibited.

1.

It shall be unlawful for any owner, operator or person having custody of any vehicle described below to use, or permit the use of, any such vehicle for living or sleeping purposes while the vehicle is parked or stored within the city. It shall also be unlawful for an owner or occupant of land to knowingly permit such a vehicle to be parked or stored on property owned or occupied by him and used by another for such purposes in violation of this subsection. The provisions of this subsection do not apply to mobile homes located in a mobile home park.

2.

a.

Any "mobile home," which is a nonmotorized vehicle designed to be used either temporarily or permanently as a residence or living quarters.

b.

Any "trailer," which is any wheeled device or vehicle upon or within which persons or property may be transported over a road, if coupled to or capable of being drawn by a motor vehicle.

c.

Any "bus," which is any motor vehicle used or originally designed for transporting ten (10) or more passengers, whether or not such transportation is for compensation.

d.

Any "recreational vehicle unit," which is any vehicle designed or primarily used for recreational, camping or travel use, which either has its own motor power, or which is mounted upon or drawn by another vehicle and used or designed to be used as temporary living or sleeping quarters.

e.

Any "inoperable vehicle," which is any vehicle, whether motorized or nonmotorized, in, upon or by which any person or property is or may be transported or drawn upon a road, which is inoperable because it is wrecked, derelict or partially dismantled. Any vehicle which does not display a current license tag is presumed to be inoperable.

(Ord. No. C-97-19, § 1(47-34.4), 6-18-97; Ord. No. C-98-6, § 1, 2-3-98; Ord. No. C-99-39, § 1, 5-18-99)

When plans and specifications are submitted to the department for a permit to erect a residential use in any zoning district, and should such plans and specifications, in the opinion of the director be of a structure which might be used contrary to the issued permit, or could easily be modified to serve such purpose, or that the plumbing, gas lines or electric wiring, other than that installed in the kitchen, may be used for purposes other than for the use as issued, then the director shall have the right to refuse to issue a building permit therefor; provided, further, that all appeals from the decision of the building inspector shall be made to the board of adjustment for final disposition.

(Ord. No. C-97-19, § 1(47-34.5), 6-18-97)