This chapter shall be known as "The Zoning Ordinance of the City of Fort Pierce, Florida."

(Code 1983, § 22-1; Ord. No. H-186, § 30-1, 6-15-1981)

The purposes of this chapter are to further the objectives and goals of the comprehensive plan; to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of public and private transportation, water, sewerage, other public utility services, schools, parks and other public requirements.

(Code 1983, § 22-2; Ord. No. H-186, § 30-2, 6-15-1981)

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

General. For the purposes of this chapter, certain words and phrases are defined as indicated in this section. Terms in the present tense include the future, the singular includes the plural and the plural the singular; the terms "shall," "will" and "must" are mandatory, and the term "may" is permissive.

Accessory use or accessory structure means a use or structure incidental and subordinate to the main use of the property and located on the same lot as the main use.

Adult congregate living facilities, or community residential home means a dwelling unit licensed to serve residents who are clients of the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or the Department of Children and Families or licensed by the Agency for Health Care Administration which provides a living environment for seven to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. This definition shall not be deemed to include boardinghouses or rooming houses as defined in this section.

Affordable housing means housing that is affordable, as defined in F.S. § 420.0004.

Alley means a public thoroughfare which affords only a secondary means of access to abutting property.

Amusement arcade means that portion of an interior premises consisting of three or more non-skill based amusement devices.

Amusement device, game, or machine means a game or machine operated only for the bona fide entertainment of the general public which a person activates by inserting or using currency or a coin, card, coupon, slug, token, or similar device, and, by the application of skill, with no material element of chance inherent in the game or machine, the person playing or operating the game or machine controls the outcome of the game. The term does not include any game or machine that uses mechanical slot reels, video depictions of slot machine reels or symbols, or video simulations or video representations of any other casino game, including, but not limited to, any banked or banking card game, poker, bingo, pull-tab, lotto, roulette, or craps.

Amusement park means a large scale permanent or transient commercially operated enterprise, the majority of which is outdoors, that supplies various forms of amusement, entertainment and recreation, such as a carnival, circus, theme park and amusement ride facility.

Agricultural means use which involves one or more of the following: livestock and poultry farming, crop production, plant nurseries, greenhouses, forestry, or associated farm facilities.

Aquaculture facilities means facilities for the raising, feeding, planting, and harvesting of aquatic organisms.

Aquatic areas means tidal waters and wetlands and nontidal sloughs, streams, lakes and wetlands. The lands underlying the waters are also included. The upper limit of aquatic areas is the mean high tide line in tidal areas and the ordinary high-water line in nontidal areas.

Arcade amusement center means that portion of an interior premises consisting of 50 or more amusement devices.

Arterial street means a street designated as an arterial street in the comprehensive plan.

Bankline/streamline alteration means realignment of a stream bank or the entire stream, either within or without its normal high-water boundaries.

Boardinghouse or roominghouse means a building arranged or used for lodging for compensation, with rooms rented out individually, with or without meals, and not occupied as a single-family unit. This definition shall not be deemed to include an adult congregate living facility or bed and breakfast.

Boardinghouse or roominghouse unit means any room or group of rooms, excluding common areas, forming a single habitable unit, used, or intended to be used as sleeping accommodations.

Building means any structure, temporary or permanent, having a roof impervious to weather and a fixed base on a fixed connection to the ground and which is used or built for the shelter or enclosure of persons, animals, or property of any kind.

Building height means the vertical distance from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the center height between the highest and lowest points of other types of roofs.

Business service establishments means businesses primarily engaged in rendering services; other than professional, educational, repair or contract construction services; to other business establishments. These services include, but are not limited to, employment services, advertising services, consumer credit and reporting services, collection services, mailing services and building maintenance services.

Child care facility, child care center, or child day care center means any child care center or child care arrangement which provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. The following are not included: public schools and nonpublic schools and their integral programs, except as provided in F.S. § 402.3025; summer camps having children in full-time residence; summer day camps; bible schools normally conducted during vacation periods; and operators of transient establishments, as defined in F.S. ch. 509, which provide child care services solely for the guests of their establishment or resort, provided that all child care personnel of the establishment are screened according to the level 2 screening requirements of F.S. ch. 435.

Collector street means a street designated as a collector street in the comprehensive plan.

Commercial off-street parking lot means any area, other than a public right-of-way, which is used for the parking of cars and is available to the public for a fee and which includes all of the space needed for the movement of vehicles and people, landscaping and access drives.

Communication service establishments means businesses primarily engaged in communications activities, including newspaper and printing services, television and radio services and telephone and telegraph services.

Comprehensive plan means the comprehensive development plan for the city adopted by the city commission, comprised of plans, maps, reports or any combination thereof which relates to the future economic and physical growth and development or redevelopment of the city.

Condo hotel means a building constructed, maintained, operated and managed as a hotel or resort hotel in which each sleeping unit in the facility is individually owned and in which all sleeping units are available for transient occupancy, i.e., daily, weekly or monthly rent and where the structure, common areas and facilities are owned by all owners on a proportional individual basis.

Conventional home/mobile home subdivision means a subdivision in which the principal uses of property are limited to conventional single-family dwellings, mobile homes and community facilities by the subdivision covenants.

Cul-de-sac means a street with only one outlet which has a vehicular turnaround at the opposite end from the outlet.

Density, gross means the number of dwelling units per gross acre of land, as defined by a certified legal survey, determined by dividing the number of units by the total acreage within the lot or parcel.

Density, net means a term which refers to the number of dwelling units per net acre of land and which is determined by dividing the number of dwelling units by the total acreage within the lot or parcel available for development, excluding aquatic areas and streets.

Developable area, net means the total area of land available for development. It does not include public open space, wetlands, drainage easements, regional roads and land used or reserved for other public facilities.

Dike means a structure designed and built to prevent inundation of nonaquatic areas by water.

Dock/moorage facilities means a pier or secured float for boat tie-up or other water use, often associated with a specific land use on the adjacent shoreland, such as a residence, a group of residences, a commercial use or a light industrial facility. Small, commercial moorages (less than 15 berths) with minimal shoreside services and no solid breakwater are also included in this category. Floathouses, which are used for boat storage, net-drying and similar purposes, are also included in this category.

Dredged material disposal means the deposition of dredged material in aquatic areas or shorelands. Methods include land disposal, in-water disposal, in-water disposal to create land, beach nourishment, flow-land disposal, ocean disposal and other in-water disposal.

Dredging means the removal of sediment or other material from a stream, river, estuary or other aquatic area for the purpose of deepening a navigation channel, mooring basin or other navigational areas, or obtaining fill material.

Duplex means a building containing only two dwellings.

Duplex subdivision means a subdivision in which the principal uses of property are limited to duplexes and community facilities by the subdivision covenants.

Dwelling rental (dwelling unit) means one or more rooms connected together in a building, constituting a separate, independent housekeeping establishment, other than a motel/hotel, for purposes of rental on a daily, weekly or longer basis, though less than what is otherwise provided for a dwelling, physically separated from any other rooms or dwelling units which may be in the building, and containing sleeping and sanitary facilities and one kitchen.

Dwelling unit means one or more rooms, used as a separate living quarter, with cooking, sleeping and sanitary facilities provided within the dwelling unit.

Dwelling, single-family, means a building containing only one dwelling.

Dwelling, townhome, means a single-family dwelling unit constructed in a group of two or more attached units with property lines separating such units in which each unit extends from the foundation to roof and with a yard or public way on not less than two sides.

Educational service establishments means businesses primarily engaged in education, including vocational and trade schools, business and stenographic schools, art and music schools, dancing schools and correspondence schools.

Family means an individual or two or more persons related by blood, marriage, legal adoption or legal guardianship, living together as one housekeeping unit using one kitchen, or a group of not more than two unrelated persons living together as one housekeeping unit using one kitchen.

Family entertainment center means an establishment engaged in indoor entertainment and limited to skill-based amusement devices, as defined in this Code.

Farmers market complex means an establishment or group of establishments primarily engaged in rendering agricultural sales and services including distribution, wholesale and retail sale of produce and related merchandise, agricultural tourism, training and education, and compatible uses. Such uses include, but are not limited to, retail and wholesale produce markets, agricultural products and food distribution, wholesale bakeries, cafeterias which are intended primarily for use by employees of surrounding businesses, enclosed livestock and equestrian facilities designed for special events and educational service establishments and laboratories for agricultural training classrooms, greenhouses, and aquaculture facilities.

Farmstand sales establishment means a business which is contained within a permanent building with restroom facilities, and which is engaged in the wholesale and retail sale of produce and related merchandise to customers. The business shall be located contiguous to an active agricultural use and shall not be located on Indian River Drive.

Fast food establishment means a restaurant which dispenses food at a walk-up window, drive-up window, at parked vehicles or at an indoor counter to be consumed outdoors on the premises or off the premises. Any establishment with one or more of the service methods described above shall be termed a fast-food establishment notwithstanding that tables, booths or counter seating is provided indoors for the consumption of food.

Fence means a freestanding structure, designed, and intended to serve as a barrier or as a means of enclosing a structure, yard, or other area, or to serve as a boundary feature separating two or more properties.

Finance establishments means businesses primarily engaged in offering financial services, such as those provided by banks; savings and loan associations; credit unions; security and commodity brokers, dealers, and exchanges; and holding and other investment companies.

Floor area ratio means the ratio of the gross floor area of a building in relation to the size of the net developable area of the lot or parcel on which the building is located.

Gasoline service station means a business primarily engaged in the retail dispensing of automotive fuels and oil and where grease, batteries, tires and other automobile accessories may be dispensed at retail principally for automobiles, and where various automotive and convenience services may be provided, except restaurant services, major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, welding, storage of automobiles not in operating condition and operation of a commercial off-street parking lot.

Grade (ground level) means the average elevation of the finished ground at the centers of all walls of the buildings, except if a wall is parallel to and within five feet of a sidewalk, the sidewalk elevation nearest the center of the wall shall constitute the ground elevation.

Gross floor area means the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls excluding public corridors, common restrooms, attic areas with a headroom of less than seven feet, unenclosed stairs or fire escapes, elevator structures, cooling towers, areas devoted to building machinery and equipment (such as air conditioning, ventilating or heating), parking structures and basement space where the ceiling is not more than an average of six feet above the general finished and graded level of the adjacent portion of the lot.

Guest house means a dwelling unit in a building separate from, and in addition to, the principal residential building on a lot, intended for intermittent or temporary occupancy.

Hazardous liquids means liquids which are dangerous to people's health because of toxicity, flammability, explosiveness or other characteristics.

Home occupation means an accessory use of a dwelling unit, as defined in this Code.

Hospital means a building or group of buildings having facilities for overnight care of one or more human patients, providing services to in-patients and medical care to the sick and injured, and which may include, as accessory uses, laboratories, out-patient services, training facilities, central service facilities and staff facilities.

Hotel means a facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting spaces, entertainment, and recreational facilities.

Impervious surfaces means any surface which has been altered, covered or controlled resulting in the virtual elimination of the infiltration and percolation of water to the underlying soils. The term "impervious surfaces" includes most conventionally surfaced streets, roofs, sidewalks, parking lots and similar facilities.

Indoor amusement, entertainment and/or recreation facilities means enclosed facilities, pertaining to amusement entertainment and/or recreational activities, such as family entertainment centers, theaters, bowling alleys, pool halls, dance halls and indoor tennis court, pickleball, handball, and swimming pool facilities. This shall not include adult establishments or amusement arcades.

Junkyard means a "junkyard" as defined and regulated in chapter 22, article VII.

Kennels means any premises, except where accessory to an agricultural use, where five or more dogs or other domestic animals which are not sick or injured and are four months in age or older are boarded for compensation, cared for, trained for hire, kept for sale, or bred for sale, but not including veterinary clinics.

Land means ground, water, marsh and swamp.

Land transportation facilities means highways, railroads, bridges and associated structures and signs which provide for land transportation of motorized and/or nonmotorized vehicles.

Landscaping means living material, such as, but not limited to, grass, ground covers, shrubs, vines, hedges, and trees (including palms) and nonliving durable material commonly used in landscaping such as, but not limited to, bark chips, rocks, pebbles, sand, and fences, but excluding paving.

Limited cooking facilities means a collection of customary appliances which may include sinks, wet bar areas, refrigerators and microwave ovens provided in transient lodging accommodations for the use, enjoyment and convenience of transient occupants but specifically excluding dish washers, stoves and ovens.

Lot means a parcel, plot or tract of land of at least sufficient size to meet the minimum requirements of this chapter (provided that certain nonconforming lots of record at the effective date of these regulations (June 22, 1981) or their amendment are exempted from certain provisions in accordance with section 125-70).

Lot area means the total horizontal area within the lot lines of a lot exclusive of aquatic areas and streets.

Lot, corner, means a lot abutting on two or more streets at their intersection.

Lot coverage means the portion of the gross lot area which is covered by a building.

Lot depth means the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

Lot, double frontage, means a lot having a frontage on two nonintersecting streets as distinguished from a corner lot.

Lot line means a property line separating a lot from property outside the lot.

Lot of record means a lot which is part of a subdivision, recorded in the office of the county clerk in the county, or a lot described by metes and bounds, the description of which has been recorded in such office.

Lot, waterfront, means any lot or parcel of land which abuts or adjoins any navigable waterway, river, cove, stream, canal, lake or other navigable body of water.

Lot width means the average distance between straight lines connecting front and rear lot lines at each side of the lot, measured as straight lines between the foremost point of the side lot lines in front and the rearmost points of the side lot lines in the rear.

Low intensity recreation means small scale recreational improvements involving a relatively minimal capital investment and no structures over 500 square feet in size. Examples of the types of small-scale facilities involved are trails, picnic tables, restrooms, viewing platforms, shelters and small piers.

Major utility means towers, power generating plants, facilities and lines of communication and power transmission; solid waste disposal; waste-water treatment plants; water treatment plants; storm water and treated wastewater outfalls (including industrial); major water, sewer and gas lines, excluding any such lines used for direct distribution to or collection from customers.

Manufactured home means a structure, transportable in one or more sections, which is eight feet or more in width and greater than 400 square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. A manufactured home means a mobile home fabricated on or after June 15, 1976, in an offsite manufacturing facility for installation or assembly at the building site, with each section bearing a seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standard Act. The term "manufactured home" does not include "recreational vehicle" as defined herein.

Marinas means facilities which provide moorage, launching, storage, supplies and a variety of services for recreational, commercial fishing and charter fishing vessels. They are differentiated from docks/moorages by their larger scale, the provision of significant landside services and/or the use of a solid breakwater (rock, bulkheading, etc.).

Mean high tide line means the mean high-water line as determined according to F.S. ch. 177, pt. II (F.S. § 177.25 et seq.).

Meantime uses means those uses permitted as part of an innovative community development including, but not limited to, performances, art exhibitions, and hobbyist gatherings, as well as transient commercial activities such as markets or food sales that are held a single time or regularly.

Mobile home means a structure, transportable in one or more sections, which structure is eight body feet or more in width and over 35 feet in length, and which structure is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. A mobile home is a residential unit certified to be in conformity with all federal and state requirements for Mobile Home Construction and Safety Standards.

Mobile home park means a place where two or more mobile homes are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or offer space free in connection with securing the trade or patronage of such person.

Mobile home subdivision means a subdivision in which the principal uses of property are limited to mobile homes and community facilities by the subdivision covenants.

Modular home means a structure transportable in one or more sections, with or without a permanent chassis, which is designed for and used as a residential dwelling unit when connected to a foundation and the required utilities. Fabrication of such units shall comply with F.S. Ch. 553 and the Florida Building Code. A modular home does not include "manufactured home," "recreational vehicle," or "mobile home" as defined herein.

Motel means a facility offering transient lodging accommodations to the general public with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

Multifamily housing development means any development which within two calendar years will have five or more dwelling units on a lot.

Multimodal transit center means transportation facility that connects multiple modes of transportation to include, but not limited to, walking, cycling, automobile and public transit.

Navigational structure means structures such as pile dikes, groins, fills, jetties and breakwaters that are installed to help maintain navigation channels, control erosion, or protect marinas and harbors by controlling water flow, wave action and sand movement.

Breakwaters may be of rock, steel, concrete or piling, or the floating kind. They are used to protect harbors and marinas against waves and currents.

Fills means placements by man of sediment or other material (excluding solid waste) in an aquatic area to create new shorelands or on shorelands to raise the elevation of the land.

Groins means structures analogous to pile dikes and which are constructed from rocks. Designed to withstand more intensive wave action than pile dikes, are often used on beaches, where they exert a strong influence on sand transport and extend from the backshore seaward across the beach.

Jetties means the largest of all navigational structures; constructed of rock or concrete and are used to stabilize the channel and improve the scour at the mouth of an estuary. They must be able to withstand extreme wave conditions and may alter longshore sand transport for many miles along the coast.

Pile dikes means flow-control structures that are used primarily in river systems and are made of closely spaced piling connected by timbers; usually they are perpendicular to the shore. They are constructed to increase scour in the navigation channel and/or control shoreline erosion by interrupting sand transport and encouraging sedimentation in the sheltered lee of the pile dike. A single pile dike is unusual; they are generally constructed in groups.

Parking space means an enclosed or unenclosed area exclusive of maneuvering and access area, permanently reserved for the temporary storage of one automobile, and connected with a drive, street or alley which affords ingress and egress for automobiles.

Person means every natural person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government or any other group or combination acting as a unit.

Personal service establishments means businesses primarily engaged in providing services involving apparel or the care of a person (other than health care), including laundering and dry-cleaning services (except those which primarily serve other businesses), beauty and barber services, garment alterations and funeral homes. This definition shall not include adult massage parlors.

Planned development (PD) means a flexible zoning category that allows property owners and developers to propose unique, tailored plans for a specific area. Unlike traditional zoning categories that have predefined uses and development standards, PD zoning offers more flexibility and allows for a wide range of land uses and development options. Including residential, commercial, industrial, and mixed-use.

Professional service establishments means businesses primarily engaged in providing services such as the following: medical and other health services; legal services; engineering and architectural services; and accounting, auditing and bookkeeping services.

Property owner means one who possesses title to real property or to whom real property belongs with the requisite intent to own.

Public use means a structure or use intended or used for a public purpose by a city, school district, county, state or by any other public agency or by a public utility.

Public utility structures means a building or structure which is used to provide telephone, power, gas, oil, water or wastewater services and which belongs to a governmental body or to a public organization vested with public/governmental interest and subject to governmental regulations. Aboveground facilities such as electric or gas substations, water tower, pump station, switching station, equipment storage and material storage which are not limited to an interior wall but to a perimeter fence or property line for zoning regulations.

Quadraplex means a building containing only four dwellings.

Railroad passenger station means a facility, either light or heavy rail, for the boarding of passengers and related ticketing sales and offices.

Recreational vehicle means a vacation trailer or other vehicular or portable unit which is either self-propelled or towed or is carried by a motor vehicle and which is intended for human occupancy, is designed for vacation or recreation purposes (not residential), and including, but not limited to, travel trailers, camping trailers, truck campers and motor homes.

Recreational vehicle park means an area which is designed to accommodate the parking of recreational vehicles.

Repair service establishments means business primarily engaged in repairing items and which undertake no more than a minimal amount of manufacturing.

Replacement value means the estimated current replacement cost of the building or structure in kind, as such structure existed before the damage occurred. The cost shall be determined by using the most recent building valuation data for the state as compiled by the International Code Counsel (ICC) using the Marshall Evaluation Service, as published by the Marshall and Swift Publication Company, Los Angeles, California, or the contract price given the applicant by a licensed contractor, whichever is higher.

Resort hotel means a tourist-oriented destination resort facility offering transient lodging accommodations with sleeping units available to the general public in conjunction with marine, aquatic, golf or other recreational amenities, including, but not limited to, organized programs, activities, camps and excursions for both adults and/or children, fitness and spa facilities, as well as other services and amenities including restaurants, meeting, conference and/or banquet facilities as well as entertainment where such sleeping units are intended for the exclusive use as transient lodging accommodations.

Resource enhancement means the use of artificial or natural means to improve the quantity or quality of a specific resource.

Retail sales establishments means businesses which are primarily engaged in selling merchandise to customers for personal, household or farm use (including incidental manufacturing and repairing of goods on the premises; provided, however, that the space devoted to manufacturing and repairing does not exceed 20 percent of the gross floor area of the establishment) such as restaurants, bars, grocery stores, bakeries, department stores, clothing stores, fabric shops, luggage stores, gift shops, jewelry stores, florist shops, camera shops, record stores, toy stores, bookstores, newsstands, stationery stores, drugstores, sporting goods stores, furniture stores, appliance stores, hardware stores, auto parts stores, gasoline service stations, bicycle shops and auto sales facilities. This definition shall not include adult bookstores, adult dancing establishments or other adult establishments.

Semi-public use means a structure or use intended or used for a semi-public purpose by a church, lodge, club, or any other nonprofit organization.

Shopping center means two or more commercial establishments which as a group contain a minimum of 15,000 square feet of gross floor area and which are built on a site under unified legal control.

Shoreline stabilization means the protection of the banks of tidal or nontidal stream, river or estuarine waters by vegetative or structural means.

Shrub means a self-supporting, woody, evergreen species, as normally grown in the county.

Sign means a sign as defined and regulated in chapter 117.

Slaughterhouse means an enclosed building where animals are slaughtered for commercial gain or compensation.

Sleeping unit means one or more rooms designed, occupied, or intended for occupancy as transient lodging accommodations with limited cooking, and sanitary facilities provided within the sleeping unit for the exclusive use as transient lodging accommodations.

Street means the entire width of a public or private thoroughfare between property lines which affords the principal means of access to abutting property, except for some corner lots.

Structure means something constructed or erected on the ground, attached to something located on the ground or requiring construction or erection on the ground, such as buildings, billboards, and fences.

Structure alteration means any change in the supporting members of a building, such as bearing walls, bearing partitions, column beams or girders, or any complete rebuilding of the roof or any extension wall.

Student housing means a permanent building consisting of separate sleeping rooms and a common area with a kitchen. A sleeping room is defined as an area with one bed which is intended for one person. The building may contain uses consistent with student housing such as restaurants, cafes, coffee shops, laundry services, and food shops. Tenants occupying the rental units must be students attending colleges, universities, or institutions of higher learning.

Townhome, townhouse means a single-family dwelling unit not exceeding three stories in height constructed in a group of two or more attached units with property lines separating such units in which each unit extends from the foundation to roof and with a yard or public way on not less than two sides.

Townhome, townhouse development means a series of townhome or townhouse units proposed on one or more parcels.

Transit stop means an intermediate stop along a public transportation route where passengers or goods are loaded or unloaded that is of a smaller scale than a rail station or intermodal station and primarily oriented to interface with pedestrian modes.

Trees means self-supporting woody plants and palms of species which normally grow to an overall height of a minimum of 15 feet in the county.

Triplex means a building containing only three dwellings.

Urban farming means non-commercial agricultural use on land which provides fresh food to assist community revitalization and promote the adaptive reuse of vacant urban lands.

Use means the purpose for which land or a structure is designed, arranged or intended, or for which it is occupied or maintained.

Vehicular use area means any area used for the display or parking of any and all types of vehicles (including boats and heavy construction equipment) whether or not the vehicles are self-propelled and any land upon which vehicles traverse the property as a function of the primary use.

Water-dependent means uses and activities which can only be carried out on, in or adjacent to water, and the water location or access must be needed for one of the following:

(1)

Waterborne transportation (navigation, moorage, fueling and servicing of ships or boats, terminals and transfer facilities, resource material receiving and shipping);

(2)

Recreation (active recreation such as swimming, boating or fishing or passive recreation such as viewing or walking);

(3)

A source of water (energy production, cooling of industrial equipment or wastewater or other industrial processes); or

(4)

Marine research or education (viewing, sampling, recording information, conducting experiments or teaching).

Water-related refers to uses and activities that do not require water access (are not water-dependent), but may be appropriate as consistent with other development criteria because:

(1)

They provide goods and/or services that are directly associated with water-dependent uses (supplying materials to, using products of or offering commercial or personal services to water-dependent uses);

(2)

A location other than adjacent to the water would result in a public loss of quality in the goods and services offered (evaluation of public loss of quality will involve a subjective consideration of economic, social and environmental consequences of the use).

Water reservoirs and control structures means bodies of water collected and stored in a natural system or artificial structure that serve as reserve water supplies or storm/wastewater storage areas and facilities associated with controlling these waters.

Workforce housing means housing affordable to natural persons or families whose total annual household income does not exceed 80 percent of the area median income, adjusted for household size, or 120 percent of area median income, adjusted for household size.

Wholesale trade establishments means businesses which generally have substantial quantities of merchandise on the premises, and which are primarily engaged in selling merchandise to other wholesalers, retailers, manufacturers, other businesses, governments or institutions.

Yard means:

(1)

A required open space, which is unobstructed from the ground upward except as otherwise allowed in this chapter and except for fences, walls, poles, posts, permitted signs, children's play equipment, other customary yard accessories, driveways, ornaments, statuary, and furniture which will not violate height limitations and requirements limiting obstruction of visibility.

(2)

The depth of a front, rear, side, or special yard shall be measured at right angles to the appropriate lot line so that the yard established is a strip of the minimum depth required by district regulations.

Yard, front, means a yard extending between side lot lines across the front of a lot adjoining a street; except that on lots fronting on more than one street, the front yard will be determined by the planning director based on the location of any abutting arterial or collector streets, the prevailing yard patterns and the lot depth requirements of the zone.

Yard, rear, means a yard extending across the rear of the lot between inner side yards. On all lots, the rear yard shall be at the opposite end of the lot from the front yard.

Yard, side, means a yard extending from the interior (rear) line of the front yard to the rear lot line, except where it extends between the front yard and a special yard, a special yard and the rear yard, or two special yards.

Yard, special, means a yard behind any required yard adjacent to a street required to perform the same function as a side or rear yard, but adjacent to a lot line and so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the planning director shall require a yard with minimum dimensions as generally required for a side yard or rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon.

(Code 1983, § 22-3; Ord. No. H-186, § 30-3(1)—(105), 6-15-1981; Ord. No. I-10, §§ 1—13, 6-6-1983; Ord. No. I-26, §§ 6—8, 8-15-1983; Ord. No. I-147, § 1, 2-3-1986; Ord. No. I-283, § 1, 5-16-1988; Ord. No. I-406, § 1, 12-3-1990; Ord. No. J-126, § 1, 12-19-1994; Ord. No. J-420, § 3, 4-20-1998; Ord. No. K-114, § 1, 10-15-2001; Ord. No. K-413, § 2, 4-20-2006; Ord. No. K-464, § 1, 11-18-2006; Ord. No. K-441, § 2, 1-16-2007; Ord. No. L-12, § 1, 5-5-2008; Ord. No. L-71, § 1A, 1-5-2009; Ord. No. L-82, § 1, 4-20-2009; Ord. No. L-97, § 1, 11-16-2009; Ord. No. L-217, §§ 1, 2, 12-5-2011; Ord. No. L-263, § 2, 8-20-2012; Ord. No. L-267, § 1, 11-5-2012; Ord. No. 24-030, § 1, 9-3-2024)

A lot may be used and a structure or part of a structure constructed, reconstructed, altered, occupied or used only as this chapter permits.

(Code 1983, § 22-5; Ord. No. H-186, § 30-5, 6-15-1981)

No lot area, yard or other open space existing on or after the effective date of the ordinance from which this chapter is derived (June 22, 1981) shall be reduced below the minimum required for it by this chapter, and no lot area, yard or other open space which is required by this chapter for one use shall be used as the required lot area, yard or other space for another use.

(Code 1983, § 22-6; Ord. No. H-186, § 30-6, 6-15-1981)

The city planning board may permit in a particular zone a use not listed in this chapter, provided the use is of the same general type as the uses permitted there by this chapter. However, this section does not authorize the inclusion, in a zone where it is not listed, of a use specifically listed in another zone, or one which is of the same general type and is similar to a use specifically listed in another zone.

(Code 1983, § 22-7; Ord. No. H-186, § 30-7, 6-15-1981)

If the conditions imposed by a provision of this chapter are less restrictive than comparable conditions imposed by another provision of this chapter or of any other ordinance of the city, the provision which is more restrictive shall govern.

(Code 1983, § 22-8; Ord. No. H-186, § 30-8, 6-15-1981)