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Haverhill City Zoning Code

ARTICLE VI

- DISTRICT REGULATIONS4

Footnotes:
--- (4) ---

Cross reference— Planning, § 2-86 et seq.; code enforcement, § 2-131 et seq.; alcoholic beverages, ch. 6; minimum yard space requirements for animals, § 10-6; special permits for the keeping of certain animals, § 10-7.


DIVISION 2. - R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT[5]


Footnotes:
--- (5) ---

Cross reference— Keeping animals for commercial purposes in a residential district prohibited, § 10-1.


DIVISION 3. - R-2 TWO-FAMILY RESIDENTIAL DISTRICT[6]


Footnotes:
--- (6) ---

Cross reference— Keeping animals for commercial purposes in a residential district prohibited, § 10-1.


DIVISION 4. - R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT[7]


Footnotes:
--- (7) ---

Cross reference— Keeping animals for commercial purposes in a residential district prohibited, § 10-1.


Sec. 58-151. - Establishing zoning districts.

The town is hereby divided into zoning districts as follows and as delineated on the official zoning map which, together with all explanatory matter thereon, is hereby declared a part of the chapter:

R-1 Single-family residential district;

R-2 Two-family residential district;

R-3 Medium density residential district;

C-1 Limited commercial district;

P Public ownership district; and

PBCD planned business campus development.

(Ord. No. 225, § 2(10-3), 2-8-90; Ord. No. 393, § 2, 5-6-10)

Sec. 58-152. - Changes in district boundaries.

In accordance with the provisions of this chapter, applicable provisions of the town Charter, and applicable provisions of F.S. ch. 163, changes may be made in the district boundaries or other matter portrayed on the official zoning map by action of the town council. Within 30 days after passage and the receipt of a properly attested copy of the change or an amendment by ordinance, the town clerk shall make the proper change on the official zoning map and shall keep on file the copy of the change and make the same available for reference for the general public.

(Ord. No. 225, § 2(10-4), 2-8-90)

Sec. 58-153. - Rules for interpretation of district boundaries.

(a)

Extent of district boundaries. The zoning within any district extends throughout the entire area of the district unless otherwise specifically provided.

(b)

Boundary locations. District boundaries follow lot lines, centerlines of rights-of-way of streets, alleys, canals, lakes, the corporate limits as they exist at the time of this document, or other geographical or topographical features. In unsubdivided property, unless dimensioned, lines shall be determined by use of the scale on the map.

(c)

Boundaries and zoning of future annexed land. Boundaries and zoning of all lands annexed into the town shall be determined at the time of annexation.

(Ord. No. 225, § 2(10-5), 2-8-90)

Sec. 58-154. - Consistency with comprehensive development plan required.

All development within the town and all development orders, permits and public action related to such development shall be consistent with the town's comprehensive development plan, as required by F.S. § 163.3194, as amended and/or renumbered from time to time.

(Ord. No. 225, § 2(10-6), 2-8-90)

Sec. 58-155. - Application of article.

The regulations set by this article within each zoning district shall be minimum or maximum limitations, as appropriate to each case, and shall apply uniformly to each class or kind of structure, use, land or water, except as provided in this section:

(1)

Use. No building or structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or altered, except in conformity with the regulations specified in this article for the district in which it is located.

(2)

Height and density. No building shall hereafter be erected, constructed, reconstructed or altered, to exceed the requirements of the defined zones.

(3)

Yards and other spaces. No part of a yard or other space or the off-street parking or loading space required about any building for the purpose of complying with the provisions of this chapter shall be included as part of the yard or off-street parking or loading space required for another building.

(4)

Limitation on number of principal buildings on lots in residential areas. Except as hereafter provided, only one principal residential building, and its customary accessory buildings, except for multifamily buildings may hereafter be constructed on any residential lot.

(5)

Public street frontage. Each building shall be erected on a lot which abuts or has access to a public or private street, road or easement for ingress or egress. Such access shall be of adequate width to suit the use of the property and shall meet the requirements of the town.

(Ord. No. 225, § 2(10-7), 2-8-90)

Sec. 58-156. - Division into zoning districts.

All of the property located within the corporate limits of the town is hereby divided into district use districts or zones, which have been set forth under section 58-151. Each district shall have specific permitted uses, accessory uses, and uses by special exception, as well as development regulations which are set forth in detail in this article.

(Ord. No. 225, § 2(10-91), 2-8-90)

Sec. 58-157. - Medical marijuana dispensing facilities prohibited.

(a)

Purpose. It is the purpose of this section to prohibit medical marijuana treatment centers created under Art. X, § 29 of the Florida Constitution from establishing medical marijuana treatment center dispensing facilities within the municipal limits of the Town of Haverhill.

(b)

Findings. Based on the authority granted to municipalities in F.S. § 381.986(11), the town council finds that a ban on the establishment of medical marijuana dispensaries with the Town of Haverhill is in the best interest of the town.

(c)

Prohibition. Medical marijuana dispensing facilities are prohibited with the municipal boundaries of the Town of Haverhill.

(Ord. No. 500, § 2, 7-22-21)

Sec. 58-166. - Purpose and intent of division.

It is the purpose and intent of the R-1 single-family residential district to provide lands within the town for single-family residential uses of the lowest population density. No more than one dwelling unit per lot is permitted, and density shall not exceed 4.0 dwelling units per gross acre based on a minimum lot size of 10,000 square feet. All dwellings shall not exceed two stories.

(Ord. No. 225, § 2(10-92A.), 2-8-90; Ord. No. 363, § 1(Exh. A), 12-13-07)

Sec. 58-167. - Permitted uses.

In an R-1 single-family residential district, no building, structure, land use or water use shall be permitted except for the following use: single-family dwellings.

(Ord. No. 225, § 2(10-92B.), 2-8-90; Ord. No. 363, § 1(Exh. A), 12-13-07)

Sec. 58-168. - Accessory uses.

Accessory uses or buildings customarily incidental and subordinate to the main use or building shall be permitted in an R-1 single-family residential district, subject to Supplemental Regulations as contained in section 58-331 hereof. Accessory uses or buildings shall not be located within any required yard setbacks nor shall any accessory use or building be permitted in the front yard, except as may be allowed in section 58-331. Accessory uses or buildings permitted in an R-1 single-family residential district are as follows:

(1)

Private garages and carports;

(2)

Private swimming pools;

(3)

Private spas and hot tubs;

(4)

Private cabanas and saunas;

(5)

Private greenhouses;

(6)

Private tennis courts;

(7)

Private utility buildings or storage sheds; and

(8)

Private gazebos.

(Ord. No. 225, § 2(10-92C.), 2-8-90; Ord. No. 363, § 1(Exh. A), 12-13-07)

Sec. 58-169. - Special exceptions.

When the town council determines as a fact, after review of the application and plans submitted therewith, that the conditions, general standards, and provisions of this chapter, as set forth in section 58-127, and other regulations as set forth and defined in this chapter have been met, and when the proposed use or uses are consistent with good zoning practice and are not contrary to the policies of the town comprehensive land use plan, the following uses may be considered in an R-1 single-family residential district:

(1)

Publicly owned and operated buildings and facilities;

(2)

Neighborhood parks;

(3)

Planned residential development; and

(4)

Accessory dwelling unit.

(Ord. No. 225, § 2(10-92D.), 2-8-90; Ord. No. 343, 11-17-05; Ord. No. 363, § 1(Exh. A), 12-13-07; Ord. No. 372, § 1(Exh. A), 3-12-09; Ord. No. 383, § 1(Exh. A), 12-10-09)

Sec. 58-170. - Building requirements.

Building requirements in an R-1 single-family residential district are as follows:

(1) Minimum lot size .....  10,000 square feet
(2) Minimum lot width .....    100 feet
(3) Maximum lot coverage .....     35 percent
(4) Minimum front setback .....     30 feet
(5) Minimum side setback .....     10 feet
(6) Minimum rear setback .....     15 feet
(7) Maximum building height .....     30 feet
(8) Minimum dwelling unit area, excluding accessory uses .....  1,750 square feet
(9) Corner lots as follows:
a. Minimum front setback .....     30 feet
b. Minimum side setback(street side) .....     30 feet
c. Minimum rear setback .....     15 feet

 

(Ord. No. 225, § 2(10-92), 2-8-90; Ord. No. 343, 11-17-05; Ord. No. 363, § 1(Exh. A), 12-13-07)

Sec. 58-181. - Purpose and intent of division.

It is the purpose and intent of the R-2 two-family residential district to provide lands within the town for single-family and two-family residential uses consisting of no more than two dwelling units per lot, and density shall not exceed 6.0 dwelling units per gross acre. All dwelling units shall be attached to the land. All dwellings shall not exceed two stories.

(Ord. No. 225, § 2(10-93A.), 2-8-90; Ord. No. 343, 11-17-05; Ord. No. 346, § 1(A), 2-23-06; Ord. No. 363, § 1(Exh. A), 12-13-07; Ord. No. 437, § 2, 5-12-16)

Sec. 58-182. - Permitted uses.

In an R-2 two-family residential district, no building, structure, land use or water use shall be permitted except for one or more of the following uses:

(1)

Single-family dwellings; and

(2)

Two-family dwellings.

(Ord. No. 225, § 2(10-93B.), 2-8-90; Ord. No. 363, § 1(Exh. A), 12-13-07)

Sec. 58-183. - Accessory uses.

Accessory uses or buildings customarily incidental and subordinate to the main use or building shall be permitted in an R-2 two-family residential district, subject to Supplemental Regulations as contained in section 58-331 hereof. Accessory uses or buildings shall not be located within any required yard setbacks nor shall any accessory use or building be permitted in the front yard, except as may be allowed in section 58-331. Accessory uses or buildings permitted in an R-2 two-family residential district are as follows:

(1)

Private garages and carports;

(2)

Private swimming pools;

(3)

Private spas and hot tubs;

(4)

Private cabanas and saunas;

(5)

Private greenhouses;

(6)

Private tennis courts;

(7)

Private utility buildings or storage sheds; and

(8)

Private gazebos.

(Ord. No. 225, § 2(10-93C.), 2-8-90; Ord. No. 363, § 1(Exh. A), 12-13-07)

Sec. 58-184. - Special exceptions.

When the town council determines as a fact, after review of the application and plans submitted therewith, that the conditions, general standards, and provisions of this chapter, as set forth in section 58-127, and other regulations as set forth and defined in this chapter have been met, and when the proposed use or uses are consistent with good zoning practice and are not contrary to the policies of the town comprehensive land use plan, the following uses may be considered in an R-2 single-family residential district:

(1)

Publicly owned and operated buildings and facilities;

(2)

Neighborhood parks;

(3)

Places of worship;

(4)

Day care centers (general and limited);

(5)

Public and private schools; and

(6)

Accessory dwelling unit.

(Ord. No. 225, § 2(10-93D.), 2-8-90; Ord. No. 363, § 1(Exh. A), 12-13-07; Ord. No. 372, § 1(Exh. A), 3-12-09; Ord. No. 383, § 1(Exh. A), 12-10-09; Ord. No. 400, § 1(Exh. A), 9-22-11)

Sec. 58-185. - Building requirements.

Building requirements in an R-2 two-family residential district are as follows:

(1) Minimum lot size ..... 5,500 square feet for a single family detached dwelling unit; 12,500 square feet for a duplex on one lot; or 6,250 square feet for a unit attached to another unit and joined by a common wall on a lot line.
(2) Minimum lot width ..... 50 feet; or 50 feet for a unit attached to another unit and joined by a common wall on a lot line (except for lots abutting street corners or cul-de-sacs).
(3) Maximum lot coverage ..... 40 percent
(4) Minimum front setback ..... 30 feet for a single family dwelling or duplex on a single lot; 25 feet for lots in a development approved pursuant to Chapter 54, Subdivisions, provided, however, that the distance between the front of houses (not the roof line) facing each other directly or indirectly across the street or road right-of-way shall be no less than 100 feet.
(5) Minimum side setback ..... 7.5 feet for one story dwellings; ten feet for two story dwellings; except that one side of a dwelling unit may join another dwelling unit on a lot line. No portion of any two story structure (i.e. balcony, window, eave, overhang) may be closer than 7.5 feet to the side property line.
(6) Minimum rear setback ..... 15 feet
(7) Maximum building height ..... 30 feet
(8) Minimum dwelling unit area, excluding accessory uses ..... 1,300 square feet
(9) Corner lots as follows:
a. Minimum front setback ..... 30 feet
b. Minimum side setback (street side) ..... 30 feet
c. Minimum rear setback ..... 15 feet
d. Minimum front and side setback for lots in a development approved pursuant to Chapter 54, Subdivisions ..... 25 feet

 

(Ord. No. 225, § 2(10-93E.), 2-8-90; Ord. No. 343, 11-17-05; Ord. No. 346, § 1(B—E), 2-23-06; Ord. No. 363, § 1(Exh. A), 12-13-07)

Sec. 58-196. - Purpose and intent of division.

It is the purpose and intent of the R-3 medium density residential district to provide lands within the town for a higher density range of multiple-family residential uses. Density shall not exceed 8.0 dwelling units per gross acre. All dwellings shall not exceed two stories.

(Ord. No. 225, § 2(10-94A.), 2-8-90; Ord. No. 343, 11-17-05; Ord. No. 363, § 1(Exh. A), 12-13-07)

Sec. 58-197. - Permitted uses.

In an R-3 medium density residential district, no building, structure, land use or water use shall be permitted except for one or more of the following uses:

(1)

Single-family dwellings;

(2)

Two-family dwellings;

(3)

Multifamily dwellings; and

(4)

Mobile homes.

(Ord. No. 225, § 2(10-94B.), 2-8-90; Ord. No. 363, § 1(Exh. A), 12-13-07)

Sec. 58-198. - Accessory uses.

Accessory uses or buildings customarily incidental and subordinate to the main use or building shall be permitted in an R-3 medium density residential district, subject to Supplemental Regulations as contained in section 58-331 hereof. Accessory uses or buildings shall not be located within any required yard setbacks, except as may be allowed in section 58-331. Accessory uses or buildings permitted in an R-3 medium density residential district are as follows:

(1)

Private garages and carports;

(2)

Private swimming pools;

(3)

Private spas and hot tubs;

(4)

Private cabanas and saunas;

(5)

Private greenhouses;

(6)

Private tennis courts;

(7)

Private utility buildings and storage sheds; and

(8)

Private gazebos.

(Ord. No. 225, § 2(10-94C.), 2-8-90; Ord. No. 363, § 1(Exh. A), 12-13-07)

Sec. 58-199. - Special exceptions.

When the town council determines as a fact, after review of the application and plans submitted therewith, that the conditions, general standards, and provisions of this chapter, as set forth in section 58-127, and other regulations as set forth and defined in this chapter have been met, and when the proposed use or uses are consistent with good zoning practice and are not contrary to the policies of the town comprehensive land use plan, the following uses may be considered in an R-3 medium density residential district:

(1)

Publicly owned and operated buildings and facilities;

(2)

Neighborhood parks;

(3)

Accessory parking;

(4)

Places of worship;

(5)

Day care centers (general and limited);

(6)

Public and private schools;

(7)

Accessory dwelling unit; and

(8)

Self-service storage facilities that are fully enclosed within a building.

(Ord. No. 225, § 2(10-94D.), 2-8-90; Ord. No. 358, § 1, 1-25-07; Ord. No. 363, § 1(Exh. A), 12-13-07; Ord. No. 372, § 1(Exh. A), 3-12-09; Ord. No. 383, § 1(Exh. A), 12-10-09; Ord. No. 400, § 1(Exh. A), 9-22-11; Ord. No. 433, § 2, 11-19-15)

Sec. 58-200. - Building requirements.

Building requirements in the R-3 medium density residential district are as follows:

(1) Minimum lot size ..... 5,000 square feet per single-family detached unit 5,445 square feet per unit for two or more units on a single lot or two units attached to another unit and joined by a common wall on the lot line.
(2) Minimum lot width ..... 50 feet; or 45 feet for a unit attached to another unit and joined by a common wall on the lot line.
(3) Maximum lot coverage ..... 40 percent
(4) Minimum front setback ..... 30 feet for a single-family dwelling or duplex on a single lot; 25 feet for lots in a development approved pursuant to Chapter 54, Subdivisions, provided, however, that the distance between the front of houses (not the roof line) facing each other directly or indirectly across the street or road right-of-way shall be no less than 100 feet.
(5) Minimum side setback ..... 7.5 feet for a single family detached dwelling; ten feet for duplexes, except that one side of a dwelling unit may join another dwelling unit on a lot line.
(6) Minimum rear setback ..... 15 feet
(7) Maximum building height ..... 30 feet
(8) Minimum dwelling unit area, excluding accessory uses ..... 1,100 square feet
(9) Corner lots as follows:
a. Minimum front setback ..... 30 feet
b. Minimum side setback(street side) ..... 30 feet
c. Minimum rear setback ..... 15 feet

 

(Ord. No. 225, § 2(10-94E.), 2-8-90; Ord. No. 231, § 1A., 7-12-90; Ord. No. 343, 11-17-05; Ord. No. 363, § 1(Exh. A), 12-13-07)

Sec. 58-211. - Purpose and intent of division.

It is the purpose and intent of the C-1 limited commercial district to provide lands within the town for limited commercial and business activities primarily designed to serve residential neighborhoods.

(Ord. No. 225, § 2(10-95A.), 2-8-90)

Sec. 58-212. - Permitted uses.

In a C-1 limited commercial district, no building, structure, land use or water use shall be permitted except for one or more of the following uses:

(1)

Office, business and professional;

(2)

Personal services; and

(3)

Retail sales.

(Ord. No. 225, § 2(10-95B.), 2-8-90; Ord. No. 420, § 1(Exh. A), 4-11-13)

Sec. 58-213. - Prohibited uses.

The following uses shall be probihited in C-1 limited commercial district:

(1)

Wholesale sales;

(2)

Bars, taverns, lounges or nightclubs;

(3)

Adult entertainment facilities;

(4)

Outdoor kennels;

(5)

Check cashing establishments;

(6)

Pawnshops;

(7)

Labor pools;

(8)

Massage parlors;

(9)

Restaurant, fast food; and

(10)

Animal sales.

(Ord. No. 225, § 2(10-95C.), 2-8-90; Ord. No. 420, § 1(Exh. A), 4-11-13; Ord. No. 425, § 2, 11-19-15)

Sec. 58-214. - Accessory uses.

Accessory uses customarily incidental and subordinate to the main use or building shall be permitted in a C-1 limited commercial district. Accessory uses shall not be located within any required yard setbacks. Accessory uses permitted in a C-1 limited commercial district are as follows:

(1)

Any accessory use customarily incidental to a permitted use, as determined by the town council.

(Ord. No. 225, § 2(10-95D.), 2-8-90)

Sec. 58-215. - Special exceptions.

When the town council determines as a fact, after review of the application and plans submitted therewith that the conditions, general standards, and provisions of this chapter as set forth in section 58-127, and other regulations as set forth and defined in this chapter have been met, and when the proposed use or uses are consistent with good zoning practice and are not contrary to the policies of the town comprehensive land use plan, the following uses shall be permitted in a C-1 limited commercial district:

(1)

Publicly owned and operated buildings and facilities;

(2)

Accessory parking;

(3)

Rental and leasing establishments;

(4)

Automobile service stations;

(5)

Outdoor vending machines;

(6)

Pain management clinics;

(7)

Medical or dental office or clinic; and

(8)

Restaurant, general.

(Ord. No. 225, § 2(10-95E.), 2-8-90; Ord. No. 397, § 2, 9-9-10; Ord. No. 420, § 1(Exh. A), 4-11-13)

Sec. 58-216. - Building requirements.

Building requirements in a C-1 limited commercial district are as follows:

(1)

Minimum lot size, square feet .....12,000

(2)

Minimum lot width, feet .....75

(3)

Maximum lot coverage, percent .....65

(4)

Minimum front setback, feet .....10

(5)

Minimum side setback, feet .....10

(6)

Minimum rear setback, feet .....15

(7)

Maximum building height, feet .....35

(8)

Minimum building area, excluding accessory uses .....N/A

(9)

Corner lots as follows: .....

a.

Minimum front setback, feet .....20

b.

Minimum side setback, feet .....15

c.

Minimum rear setback, feet .....15

(Ord. No. 225, § 2(10-95F.), 2-8-90)

Sec. 58-226. - Purpose and intent of division.

It is the purpose and intent of the P public ownership district to provide lands within the town for specific public purposes, i.e., public schools, governmental facilities, parks, recreation areas, etc.

(Ord. No. 225, § 2(10-96A.), 2-8-90)

Sec. 58-227. - Permitted uses.

In the P public ownership district, no building, structure, land use or water use shall be permitted except for the following use: public parks and recreation areas.

(Ord. No. 225, § 2(10-96B.), 2-8-90)

Sec. 58-228. - Accessory uses.

Accessory uses customarily incidental and subordinate to the main use or building shall be permitted in a P public ownership district. Accessory uses shall not be located within any required yard setbacks. Accessory uses permitted in a P public ownership district are as follows: Any accessory use customarily incidental to a permitted use, as determined by the town council.

(Ord. No. 225, § 2(10-96C.), 2-8-90)

Sec. 58-229. - Special exceptions.

Other public uses may be permitted in the P public ownership district when the town council determines as a fact, after review of the application and plans submitted therewith that the conditions, general standards, and provisions of this chapter, as set forth in section 58-127, and other regulations as set forth and defined in this chapter have been met, and when the proposed use or uses are consistent with good zoning practice and are not contrary to the policies of the town comprehensive land use plan.

(Ord. No. 225, § 2(10-96D.), 2-8-90)