This chapter shall be known as and may be cited and referred to as the zoning ordinance of the town.

(Ord. No. 327, 6-13-84; Ord. No. 403, § 1, 7-11-90; Ord. No. 414, § 3, 9-9-92)

All land use and land development shall be in accordance with the town's comprehensive plan, the countywide comprehensive plan and rules, and these regulations. Where these regulations differ from the town's comprehensive plan or the countywide plan and rules, the more restricted of the three shall be applied.

(Ord. No. 327, 6-13-84; Ord. No. 403, § 1, 7-11-90; Ord. No. 414, § 3, 9-9-92)

(a)

Interpretation of certain terms. For the purposes of this chapter, certain terms or words used herein shall be interpreted or defined as follows:

The singular includes the plural;

The word "lot" includes the word "plot" or "parcel";

The term "shall" is always mandatory;

The word "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged" or "designed to" or "occupied."

(b)

Terms defined. 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:

Accessory use means a use incidental and subordinate to the principal use or building and located on the same lot with such principal use or building. In buildings restricted to residential use, the customary family activities not conducted for compensation shall be deemed accessory uses. Accessory uses shall comply with all pollution performance standards of this chapter and shall not be closer than five feet to any property line.

Adult congregate living facility, consistent with the provisions of F.S. § 419.001(2), means a home of six or fewer residents which otherwise meets the definition of a "community residential home," and which shall be considered a single-family dwelling unit and a non-commercial, residential use under this land development code.

Alter or alteration mean any change or modification in construction or occupancy.

Ancillary nonresidential use means off-street parking, drainage retention areas, and open space buffer areas for adjacent contiguous, nonresidential use.

Apartment means a dwelling unit as defined in this chapter.

Apartment house means any building or portion thereof used as a multiple-family dwelling for the purpose of providing three or more separate dwelling units which may share means of egress and other essential facilities.

Apartment, transient means the rental or sale of interval ownership of a dwelling unit for any period of time less than 90 consecutive days. Transient apartments are not permitted uses in all residential districts of the town.

Appeal means a request for a review of the town building director's interpretation or the planning and zoning board's interpretation of any provision of this chapter on a request for a variance.

Area of special flood hazard means land in the floodplain of the town subject to a one percent or greater chance of flooding in any given year.

Base flood means the flood having a one percent chance of being equalled or exceeded in any given year.

Bicycle path means a path with an improved permanent hard surface at least six feet in width designed exclusively for nonmotorized bicycles.

Boardinghouse means any dwelling in which more than two persons, either individually or as families, are housed or lodged for hire with or without meals. A roominghouse or a furnished roominghouse shall be deemed a boardinghouse.

Breakaway walls means any type of wall, whether solid or lattice and whether constructed of masonry, concrete, wood, metal, plastic or other suitable building material, which are not part of the structural support of the building and which are so designed as to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flooding waters.

Building means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls for 50 percent of its perimeter. The term "building" shall be construed as if followed by the words "or portion thereof." For the purposes of this chapter, each portion of a building separated from other portions by a firewall shall be considered as a separate building. For the purpose of area and height limitations, this definition shall be applicable to sheds and open sheds:

(1)

Shed means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls for less than 50 percent of its perimeter.

(2)

Open shed means any structure that has no enclosing walls.

(3)

Building area means the maximum horizontally projected area of a building at or above grade exclusive of areas open and unobstructed to the sky.

Building, accessory means a supplementary building, the use of which is incidental to that of a main or principal building and located on the lot therewith.

Building director means the officer or other person charged with the administration and enforcement of this chapter or his duly authorized representative.

Building height means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs to the deckline of a mansard roof and to the mean height between the eaves and ridge for gable, hip and gambrel roofs.

Building line (front) means the line of that face of the building nearest to the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.

Building, principal means a building in which is conducted the main or principal use of the lot on which such building is situated.

Coastal high hazard area means area subject to high velocity waters, including but not limited to hurricane wave wash. This area is designated on a flood insurance rate map (FIRM) as a "V" velocity zone.

Community residential home, as defined in F.S. § 419.001(1)(a), means a dwelling unit licensed to serve clients of the state department of children and family services, 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 term may include adult congregate living facilities (ACLFs), assisted living facilities (ALFs), and other comparable care and rehabilitative facilities meeting the statutory definition.

Condominium dwelling unit means an apartment as defined in this chapter.

Conversion means the percentage of the plot or lot area covered by the building area, including pools, accessory buildings, patios and screened areas.

Coverage means the percentage of the plot or lot area covered by the building area, including pools, accessory buildings, patios and screened areas.

Density means the measure of permitted residential development expressed as a maximum number of dwelling units per gross acre of land area.

Developer means a person or his agent who undertakes the (development) activities covered by these regulations.

Development means any manmade change to improve or unimproved any real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations.

District means any section of the town for which the regulations governing the use of buildings or premises are uniform.

Dwelling means any building, vehicle or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons. The term "dwelling" shall not be deemed to include hotel, motel, roominghouse, tourist home, hospital, nursing home, dormitory, fraternity or sorority house. A dwelling shall be deemed to include only structures occupied on a seasonal (at least 90 continuous days) or yearly basis.

Dwelling, multiple-family means a building or portion thereof designed for or occupied by two or more families.

Dwelling, single-family means a detached building designed for or occupied exclusively by one family, excluding a mobile home.

Dwelling unit means one or more rooms, including kitchen or kitchenette, and sanitary facilities in a dwelling structure, designed as a unit for living and sleeping purposes.

Erect means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any way establish, and it shall include the change of advertising messages.

Family means one or more persons living together in one dwelling unit and maintaining a common household. A family may consist of a single person or two persons legally related by marriage and their children plus up to two unrelated individuals, including domestic servants and gratuitous guests.

Fence and wall mean a manmade barrier erected for the purposes, including but not limited to enclosure, exclusion, protection, privacy, security, retainment and aesthetics, located at the perimeter of or within the required yards (side and rear of private property).

Fence, visually open means a fence constructed of metal galvanized wire, such as chain link, and securely attached to posts and railings of galvanized metal, which posts are encased below ground level in concrete or cement.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of tidal waters.

Flood hazard boundary map (FHBM) means an official map of a community issued by the federal emergency management agency where the boundaries of the areas of special flood hazard have been designated as Zone A.

Flood insurance rate map (FIRM) means an official map of a community on which the federal emergency management agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study means the official report provided by the federal emergency management agency. The report contains flood profiles as well as the flood hazard boundary/floodway map and the water surface elevation of the base flood.

Floor area (gross) means the area within the inside perimeter of the exterior walls of a building, with no deduction for corridors, stairs, closets, thickness of walls, columns or other features, exclusive of areas open and unobstructed to the sky.

Floor area (net) means the area actually occupied, not including accessory unoccupied areas such as corridors, stairs, closets, thickness of walls, columns, toilet room, mechanical area or other features.

Floor area (net habitable) means the net floor area in a structure used for living, sleeping, eating or cooking. A storage garage and utility space and similar areas are not considered habitable space.

Floor area ratio (FAR) is a measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor areas of all buildings on the site and dividing by the gross land area.

Garage, private means an enclosed space for the storage of up to three motor vehicles provided no business, occupation or service is conducted therein nor space therein for more than one car leased to a nonresident of the premises.

Garage, public means any garage other than a private garage operated for gain and used for the storage and/or rental of more than three automobiles or other motor vehicles.

Grandfathered use means a nonconforming lot, use, structure, or other nonconforming physical characteristic of a use (setbacks, parking, landscaping, etc.), legally in existence prior to the adoption of current standards, which is allowed to continue in use or operation, subject to specified restrictions.

Gross land area, for the purpose of computing density/intensity, means the total land area within the property boundaries of the subject parcel, exclusive of any submerged land or public road right-of-way.

Hedge means a planting of shrubs planted to form a continuous, unbroken solid visual screen within one year after planting.

Home occupation as used in this chapter means those activities and those limitations set forth in section 66-157 of the Town Code.

Hotel. See Motel.

Impervious surface means a surface that has been compacted or covered with a layer of material so that it is highly resistant to or prevents infiltration by stormwater. It includes surfaces such as compacted sand, limerock, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar surfaces.

Impervious surface ratio (ISR) means a measure of the intensity of hard-surfaced development on a site. An impervious surface ratio is the relationship between the total impervious surface area on a site and the gross land area. The ISR is calculated by dividing the square footage of the area of the impervious surfaces on the site by the square footage of the gross land area.

Improvements, public means any of the following: street pavement with curbs and gutters; sidewalks; water mains; sanitary sewers; storm drainage and storm retention; street signs; street trees and other permanent fixtures and improvements.

Junkyards means buildings, structures or premises where junk, waste or discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment. The presence of more than one disassembled or unlicensed automobile on a lot constitutes a junkyard.

Landscaping means trees, shrubs, flowers, plants or any grass normally used in the state climate, obtained either by seeding or sodding. Stone gardens or other areas presenting permeable surface for water or rain.

Lot means a tract or parcel of land identified as a single unit in a subdivision.

Lot, depth means the mean horizontal distance between the front and rear property lines.

Lot, front means the front boundary line of lot bordering on the street and, in the case of a corner lot, may be either frontage.

Maintain includes general servicing and upkeep in a safe and attractive manner.

Mangrove stand means an assemblage of mangrove trees which are mostly low trees noted for copious development of interlacing adventitious roots above the ground and which obtain one or more of the following species: Black mangrove (Avicennia nitida); red mangrove (Rhizophora mangle); white mangrove (Languncularia racemosa) and buttonwood (Conocarpus erecta).

Mean high tide means the average height of the sea at daily high tide.

Mean sea level means the average height of the sea for all stages of the tide.

Mobile home means a structure transported in one or more sections which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. Mobile homes shall require a HUD shield and a state license.

Motel means and shall include hotel, roominghouse or boardinghouse, tourist court or any type of nonpermanent lodging facility. Any structure, including mobile homes, offered or advertised as being available, for a term of less than one month, more than three times in any consecutive 12 month period, shall be included in this definition.

Multiple-family dwelling. See Dwelling, multiple-family.

New construction means structures for which the start of construction commenced on or after the effective date of the ordinance from which this chapter was derived.

Nonconforming lot means any lot which does not conform with the minimum depth, width and area dimensions specified for the district where such lot is located.

Nonconforming use means any building or land use lawfully occupied and used at the time of passing of the zoning ordinance which does not conform to the regulations contained herein.

Notice. Where notice is required to be given, it shall be given in accordance with current state statutes.

Nursing or convalescent home means any premises containing sleeping rooms used by persons who are lodged and furnished meals and nursing care for hire.

Occupancy means the purpose for which a building or part thereof is used or intended to be used.

Open space means any portion of a lot unencumbered by either a principal or accessory building or a hard surface consisting of landscaping and open to the sky.

Owner means the holder of the title in fee simple and any person, group of persons, company, association or corporation in whose name the tax bills on the property are submitted. It shall also mean any person who, alone or jointly with several others:

(1)

Shall have legal title to any dwelling or dwelling unit with or without accompanying possession thereof; or

(2)

Shall have charge, care or control of any dwelling or dwelling unit as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possession or assignee of rents, lessee or other person, firm or corporation in control of a building or their duly authorized agents. Any such person thus representing the actual owner shall be bound to comply with the provisions of the zoning ordinance to the same extent as if he were the owner. It is his responsibility to notify the actual owner of the reported infractions pertaining to the property which apply to the owner.

Patio means a paved area used for lounging, open to the sky.

Person means includes any person, firm, partnership, association, corporation, company or organization of any kind.

Planned unit development (PUD) means land under unified control which:

(1)

Meets the minimum requirements as set forth in chapter 82 of this code;

(2)

May contain mixed uses and employ creative development approaches to provide for internal clustering, safe and efficient traffic flow, and required open space; and

(3)

Is planned and improved in a single development or in phases according to an officially adopted master site plan and related documents for the maintenance of common areas or improvements, if any.

Plat, final means a complete and exact subdivision plan prepared for official recording, as required by statute and ordinance, to identify and define property rights, dedications and public improvements.

Plat, preliminary means a tentative subdivision plan, in lesser detail than a final plat, showing approximate proposed street and layout as a basis for consideration prior to preparation of a final plat.

Plat, sketch means an informal, not necessarily to scale, plat indicating salient existing features of a tract and its surroundings and a general layout of a proposed subdivision.

Pool, family means a swimming pool used or intended to be used solely by the owner, operator or lessee thereof and his family and friends invited to use it without payment of any fee.

Pool, swimming means a body of water in an artificial or semiartificial receptacle or other container, whether located indoors or outdoors, used or intended to be used for public, semipublic or private swimming by adults or children or both.

Public space means all town, county, state and federal street and alley right-of-way lines.

Public/semipublic uses means those primary and secondary uses listed under the institutional and transportation/utility plan categories.

Residential equivalent uses means a residential-like accommodation other than a dwelling unit, including group home, congregate care, nursing home and comparable assorted living facilities.

Reverse frontage lot means a lot extending between and having frontage on a major traffic street and a minor street which can have no vehicular access from or to a major traffic street.

Shall, as used in this chapter, is mandatory.

Shed. See Building.

Shed, open. See Building.

Sight distance means the minimum extent of unobstructed vision (in the horizontal plane) along a street located at any given point on the street.

Site plan means a set of scaled drawings and related documents detailing the proposed development or redevelopment of a specific property. A site plan may include any or all of the following components, depending upon existing conditions on the property and the nature of the proposed development or redevelopment:

(1)

Certified survey of subject property.

(2)

Tree removal/proposed landscaping and open space plans.

(3)

Habitat management plan.

(4)

Soil removal/grading/drainage plans.

(5)

Horizontal control plan for structures and paved areas, including ingress/egress, internal circulation, and parking.

(6)

Calculations and summary of net impacts upon facilities and services for which levels of service (LOS) standards have been adopted.

(7)

Other specialized plans or documentation, as required for floodplain development, environmental protection, etc., to be specified prior to formal application for approval.

Special exception use means a use which, because of its unique characteristics, requires individual consideration in each case by the board of adjustment before a zoning permit may be issued.

Stable, private means a stable with a capacity of not more than two horses or mules.

Stable, public means a stable other than a private stable with a capacity of more than two horses or mules.

Start of construction means the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading or filling, nor does it include the installation of streets and/or walkways.

Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above except that the topmost story shall be that portion of a building, included between the upper surface of the topmost floor and the ceiling or roof above.

Street, arterial means a street or highway used primarily for fast and heavy traffic traveling considerable distances.

Street, collector means a street which, in addition to giving access to abutting properties, carries traffic from minor streets to the major system of arterial streets.

Street, minor means a street used primarily for access to abutting properties and not for through traffic.

Structural alteration means any change in the structural members of a building, such as walls, columns, beams or girders, or any addition to any structure.

Structure means that which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. The term "structure" shall be construed as if followed by the words "or part thereof."

Subdivision means the division of land into two or more lots or parcels.

Transient accommodation uses means a facility offering transient lodging accommodations for tourists, such as hotels, motels, inns, resorts and recreational vehicle parks.

Variance means the authorized departure from text of the zoning ordinance in direct regard to the hardship peculiar to an individual in accordance with the procedures set forth in this chapter as distinct from rezoning.

Visual obstruction means a fence, hedge or grouping of plants over 36 inches in height, when measured from the crown of the adjacent street, providing less than 85 percent clear vision in any direction to vehicular or pedestrian traffic within the right-of-way when viewed through the obstruction.

Walkway means a right-of-way intended primarily for pedestrians, excluding self-propelled vehicles.

Watercourse means and includes channels, creeks, ditches, drains, dryrun springs, streams and canals but does not include lakes, ponds or pools without outlets.

Yard means an unoccupied space open to the sky on the same lot with a building, buildings, structure or structures.

Yard, front means an open, unoccupied space on the same lot with a main building extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.

Yard, rear means an open, unoccupied space on the same lot with the building, between the rear line of the building and the rear line of the lot and extending the full width of the lot.

Yard, side means an open, unoccupied space on the same lot with the building situated between the building and the side lot line and extending from the front yard to the rear yard. Any lot line not a rear lot line or a front lot line shall be deemed a side lot line.

(Ord. No. 327, 6-13-84; Ord. No. 403, § 1, 7-11-90; Ord. No. 414, § 2, 9-9-92; Ord. No. 432, § 1, 9-14-94; Ord. No. 499, § 53, 3-14-01; Ord. No. 532, § 1, 8-10-03; Ord. No. 616, § 1, 11-9-11)

Cross reference— Definitions generally, § 1-2.

(a)

Any nonconforming lot, use, structure, or other nonconforming physical characteristic of a use (setbacks, parking, landscaping, etc.), legally in existence prior to the adoption of the current comprehensive plan and land development regulations, or prior to a lawful public taking or court order which created the nonconformity, is hereby declared to be grandfathered, as defined in this chapter. Said grandfathered nonconforming status shall not be affected by a change in ownership or tenancy. Nonconformities may continue in use or operation, subject to the following conditions:

(1)

Abandonment. A nonconforming use which is voluntarily discontinued, as indicated by the lack of a valid certificate of occupancy and/or occupational license, for a period of 365 consecutive calendar days or more shall be considered abandoned and shall not be reestablished except as a use allowable in the zoning district and future land use category currently applicable to subject property or under the circumstances described in subparagraph (5)b below.

(2)

Unsafe structures. Any nonconforming structure or portion thereof declared to be unsafe under applicable building or fire codes may be restored to a safe condition.

(3)

Alterations, extensions, conversions. Normal maintenance and repairs, and structural alterations required by law (e.g., Occupational Safety and Health Act, Americans with Disabilities Act, etc.) may be made to a nonconforming structure, but no increases in floor area, or conversions of nonhabitable areas into usable floor area, shall be permitted except as provided in subparagraph (a)(4) and subsection (b) of this section.

(4)

Setbacks. Where a structure, occupied by a conforming use, is nonconforming only with regard to minimum setback requirements, additions may be made to said structure, provided that the additions meet current setback requirements and do not create new nonconformities or increase the degree of any other nonconforming characteristics which may exist on the property.

(5)

Reconstruction, restoration.

a.

A nonconforming structure which is damaged or destroyed as a result of a hurricane, tropical storm, fire, explosion, natural catastrophe, flooding, civil disorder, or similar causes beyond the control of the owner, to an extent less than 50 percent of its fair market value on the day immediately preceding the damage or destruction, may be reconstructed or restored to its previous configuration and dimensions.

b.

A nonconforming structure which is damaged or destroyed as a result of a hurricane, tropical storm, fire, explosion, natural catastrophe, flooding, civil disorder, or similar causes beyond the control of the owner, to an extent equaling or exceeding 50 percent of its fair market value on the day immediately preceding the damage or destruction, may not be reconstructed or restored except in full compliance with current land development and floodplain regulations. If said structure was occupied by a nonconforming use when the damage occurred, then the nonconforming use may be reestablished in the reconstructed building provided that all reconstruction and restoration is complete, and a valid certificate of occupancy is in effect or was in effect at the time damage occurred.

(6)

Elevation of structures. Any nonconforming structure may be elevated, within its existing setbacks, in order to comply with applicable floodplain regulations.

(b)

In conjunction with the goal of eliminating nonconformities, it is the town's intent to encourage the redevelopment and rehabilitation of existing office and commercial development. Accordingly, where a conforming office or commercial use contains one or more physical nonconformities, the town council may approve a site plan which includes an increase in gross floor area of up to ten percent of the existing gross floor area (not to exceed the maximum allowable under the property's designated land use category), subject to a finding by the council that the overall degree of nonconformity on the site is significantly reduced and that additional adverse impacts will not be created. In conjunction with this site plan approval, the council may grant an exemption from variance requirements for any and all remaining nonconformities. These site plan and variance exemption provisions may be applied only once to any specific property.

(c)

All structural alterations, additions, conversions, repairs, restorations, and/or reconstructions permitted under the provisions of this section shall be subject to all currently applicable building, fire, and technical codes, as well as normal permitting and inspection requirements.

(Ord. No. 499, § 54, 3-14-01; Ord. No. 02-2024, § 2, 4-10-24)