It is the purpose of this section to describe the uses of land that are allowable within the City of Lynn Haven. In order to accomplish this purpose all land within the City is divided into districts by the Lynn Haven Comprehensive Plan (Plan) and depicted on the Future Land Use Map (FLUM) contained within that Plan. The allowable uses are described generally within the Future Land Use Element of the Plan and more specifically in Section 2.03.00.

Land use districts for the City of Lynn Haven are hereby established and declared to be in effect upon all land and water areas included within the boundaries of each district as shown on the "Future Land Use Map of Lynn Haven, Florida." This map is on file in City Hall.

The LDR land use district is designed to provide a location for single-family detached units. The maximum density is less than five (5.0) units per acre. Uses identified in Tables 2.03.02 and 2.03.03 are allowable, as well as customary residential accessory development that is incidental to the principal residential use of the lot.

The MDR land use district is designed for single-family detached units and multiple family developments. Uses identified in Tables 2.03.02 and 2.03.03 are allowable, as well as customary residential accessory uses incidental to the residential uses on site. The minimum density is four (4.0) dwelling units per acre, and the maximum density is ten (10.0) units per acre. Allowable uses include single-family attached, single-family detached, and multiple-family development in a variety of housing types.

Allowable uses include multiple family developments in a variety of housing types, and mobile home parks. The minimum density allowable is eight (8.0) units per acre and the maximum density allowable is twenty (20.0) units per acre.

The MU land use district is designed for residential, commercial, and public/institutional development as well as a mixture of residential uses and non-residential uses. For residential-only projects, the maximum residential density is ten (10.0) units per acre. Allowable uses are specified in Section 2.03.02, Table of Permissible Uses. Professional offices, services, and commercial uses shall be subject to supplemental development and design standards. Any project that combines uses with residential units may be allowed residential densities up to twenty (20.0) units per acre, subject to supplemental development and design standards.

The C land use district is designed to provide for various types of retail, office, trade service establishments, and professional service uses. Allowable uses are specified in Section 2.03.02, Table of Permissible Uses.

The IND land use district is designed for light industrial, trade, and service activities, including industrial support services, such as administration, business and professional offices, and water-dependent and water-related commercial and industrial uses. Allowable uses are specified in Section 2.03.02, Table of Permissible Uses.

The P/I land use district provides land for civic, educational, governmental, cultural, and recreational purposes. Public and private schools and religious facilities are considered allowable uses within this district as specified in Section 2.03.02, Table of Permissible Uses.

The C-1 land use district is intended to provide areas for multiple-family residential up to 8.0 units per acre and low-intensity commercial uses that primarily offer goods and services to nearby or surrounding residential areas. All C-1 uses must be located on a collector or arterial roadway unless specifically included in an overall plan of development.

The R/OS land use district is intended to provide a location for land devoted to public or private parks and recreation facilities. The types of parks and facilities include passive parks and open spaces, activity-based parks and recreation areas, and publicly-owned recreation facilities.

The CON land use district is designed to protect environmentally sensitive areas as identified in the Conservation Element of the Comprehensive Plan. The environmentally sensitive areas include wetlands, floodways and floodplains, unique habitats, lakes, and waterbodies. Allowable uses are limited to passive (resource-based) recreation, boardwalks, walking trails and similar uses as further provided in Table 2.03.02, Table of Permissible Uses.

The TND land use district is designed to promote orderly, compact growth through a mixture of residential, commercial, public and institutional uses as further provided in Section 4.05.00, Traditional Neighborhood Development Districts. Densities and allowable uses are contained Table 4.05.03(B).

A.

The purpose of overlay districts is to provide a means of modifying the site design requirements applicable to the underlying land use district(s).

B.

The City of Lynn Haven hereby establishes the following overlay districts:

1.

Community Redevelopment Area (CRA)

2.

Planned Unit Development (PUD) district

3.

1911 Historic Plat Overlay (1911 Plat)

A.

The CRA overlay district is established to preserve and promote the historic downtown area of Lynn Haven as well as adjacent residential lands.

B.

The boundaries of the CRA overlay district are described in the Community Redevelopment Area Plan for the City of Lynn Haven (CRA Plan) and shown on the Future Land Use Map.

A.

The PUD overlay district is established for innovative development projects that include compatible uses and related public facilities. These developments shall be unified by a master development plan, as further described in Section 4.04.00.

B.

The PUD overlay district may be used to within the following land use districts:

1.

Low density residential;

2.

Medium density residential;

3.

High density residential;

4.

Mixed use;

5.

Commercial; and

6.

Industrial

A.

This overlay is the geographic area created by the original, 1911 plat of the City of Lynn Haven.

B.

Residential lots within this overlay shall be developed in accordance with the standards provided in Section 4.02.01.

A.

The CO district standards are designed to improve views from Highway. 77 and improve the function of the transportation corridor.

B.

The CO district consists of parcels with frontage on Highway 77 south of 17th Street to the southern city limit boundary.

C.

Commercial parcels within this overlay shall comply with the standards and criteria of the land use district in which it is proposed, Section 4.02.05, the additional standards set forth in 4.07.01, and all other applicable standards

(Ord. No. 881, § 1, 1-24-07)

A.

The FACO district standards are designed to improve views and lot layouts within the Historic Main Street Corridor on Florida Avenue.

B.

The district consists of parcels with frontage on Florida Avenue, south of 5 ^th Street, and north of 12 ^th street.

C.

Commercial and mixed use parcels within this overlay shall comply with the standards and criteria of the land use district as outlined in section 4.02.01, section 4.02.02, and section 4.06.03.

(Ord. No. 1010, § 1, 12-27-15)

A.

Within the following table the letter "P" indicates that the land use is permissible, subject to compliance with the standards of the land use district.

B.

The letter "S" indicates that the use is permissible, subject to compliance with the standards of the land use district, and the supplemental standards specified for the use. Supplemental standards are contained in Section 5.05.00.

C.

The letter "R*" indicates that the use is permissible, subject to approval by the Community Redevelopment Agency within the CRA Overlay District for the use. Design Requirements for development within the CRA Overlay District are contained in Section 4.02.03.

D.

An empty cell indicates the use is prohibited.

E.

Any use that is not identified in Table 2.03.02 is prohibited unless it is found to be substantially similar by the City Manager.

1.

A requested use shall be considered substantially similar when the characteristics of the requested use are equivalent in type, intensity, degree, or impact when compared to a use named in Table 2.03.02. Characteristics to be considered include characteristics such as, but not limited to, the following:

a.

Typical hours of operation;

b.

Use of outdoor storage;

c.

Trip generation rates;

d.

Generation of noise, light pollution, odor, smoke, electromagnetic interference, or vibration; and

e.

Customary activities associated with the use.

2.

The administrative interpretation shall be subject to appeal, as set forth in Chapter 9.

(Ord. No. 934, § 1, 5-25-10)

(Ord. No. 895, § 1(Exh. A), 3-25-08; Ord. No. 934, § 1(Exh. A), 5-25-10; Ord. No. 947, § 1(Exh. A), 6-28-11; Ord. No. 1045, § 1, 10-10-17; Ord. No. 1061, § 1, 9-12-18)

A.

The letter "P" indicates the use is permissible as an accessory use subject to compliance with the standards for accessory uses set forth in Section 5.01.00.

B.

Some uses are permitted by right as indicated in Table 2.03.02. Where a specified use in a specified land use district has an empty cell in both Table 2.03.02 and Table 2.03.03, the use is prohibited.

C.

Accessory uses also include any structure or use normally and customarily incidental to the permitted use.

D.

Accessory uses shall be included in the total impervious surface calculations for the lot or parcel.

Table 2.03.03. Accessory Structures and Uses.

For the purposes of this Section 2.04.00, the following definitions shall apply:

"Adult bookstore," "adult video store," or "adult novelty store" means an establishment which sells, leases or rents adult material for any form of consideration, unless the adult material is accessible only by employees and the gross income from the sale or rental of adult material comprises less than twenty (20%) per cent of the gross sales of the store or less than ten percent (10%) of the individual items publicly displayed at the establishment as stock in trade.

"Adult club" means any place of business or commercial establishment that permits, suffers or allows individuals for consideration in their service to customers or in a performance for customers on more than 3 days in a 60 day period to display or expose "specified anatomical areas" or permits, suffers or allows individuals for consideration to wear any covering, tape, pasties or other device that simulates or otherwise gives the appearance of the display or exposure of any "specified anatomical areas."

"Adult materials" means any one or more of the following:

(a)

Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations or recordings, novelties and devices, which have, as their primary or dominant theme, matter depicting, illustrating, describing or relating to "specified sexual activities" or less than completely and opaquely covered "specified anatomical areas;" or

(b)

Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."

"Adult motion picture theater" means a commercial establishment or place of business operating in whole or in part within an enclosed building, or a portion or part of an enclosed building, or an open-air theater, designed to permit viewing by patrons seated in automobiles or other seating provisions, for any form of consideration, film, video or any other visual material or method which has, as its primary or dominant theme, matters depicting, illustrating or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons thereof, and includes any hotel or motel, boarding house, room house or other lodging which, for any form of consideration, advertises the presentation of such film material. For the purposes of this Article an adult motion picture theater includes an adult arcade, an adult motel, and an adult motion picture booth.

"Adult motion picture mini-theater" means a commercial establishment or place of business operating in whole or in part within an enclosed building, or a portion or part of an enclosed building, designed to permit viewing by patrons for any form of consideration, film, video or other visual material or method which has, as its primary or dominant theme, matters depicting, illustrating or relating to "specified sexual activities" or "specified anatomical areas," for observation by patrons thereof, including an adult arcade or adult motion picture booth, AND so constructed that any patron viewing such material or method is not at all times fully visible from the neck to the kneecap by other patrons and the management.

"Body altering business" shall mean such uses as shall be included in Section 4 of this Article.

"Body piercing establishment" means a commercial establishment or place of business at which the body or skin of a human being is pierced, or which holds itself out to the public as a place where such body piercing can be purchased or arranged. The use of a mechanized, pre-sterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear, or both, is exempt from this definition.

"Public park" shall mean and include those recreational facilities owned by the State of Florida, the City of Lynn Haven, or any park or recreational facility so designated by the City of Lynn Haven.

"School" means a public, private or parochial elementary, middle, or high school.

"Sexually oriented business" shall mean such uses as shall be included in Section 3 of this Article.

"Specified sexual activities" shall mean:

(a)

Human genitals in a state of sexual stimulation or arousal;

(b)

Acts of human masturbation, sexual intercourse or sodomy;

(c)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast;

(d)

Sadism or masochism, including bondage.

"Specified anatomical areas" shall mean:

(a)

Less than completely and opaquely covered;

(1)

Human genitals, pubic region;

(2)

Buttock; and

(3)

Female breast below a point immediately above the top of the areola; and

(b)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Tattoo establishment means a commercial establishment or place of business at which the skin of a human being is marked by piercing in or otherwise applying coloring matter so as to form indelible or lasting marks or figures, or which holds itself out to the public as a place where such tattooing can be purchased or arranged.

Corridor means that Highway 77 Corridor Overlay District as that term is defined in the ULDC

(Ord. No. 932, § 1, 5-11-10)

The following uses are declared to be sexually oriented or adult businesses:

(1)

Adult Book, Video or Novelty Store.

(2)

Adult Motion Picture Theater.

(3)

Adult Club.

(Ord. No. 932, § 1, 5-11-10)

The following uses are declared to be body altering businesses:

(1)

Body Piercing Establishment.

(2)

Tattoo Establishment.

(Ord. No. 932, § 1, 5-11-10)

No sexually oriented business shall be located nearer than two thousand five hundred (2,500) feet of a school; one thousand five hundred (1,500) feet to any other sexually oriented business: or one thousand (1,000) feet to any (i) public park, (ii) daycare, or (iii) the nearest right-of-way line of the corridor or boundary of the the CRA.

Such distance shall be measured by radial spacing as follows:

(i)

in the case of another sexually oriented or adult business, by measuring from the nearest corner of the sexually oriented or adult business building or on-premises free-standing sign associated with such business building, to the nearest corner of the other sexually oriented or adult business building or on-premises free-standing sign associated with such business building;

(ii)

in the case of a school, daycare, or public park, by measuring from the nearest corner of the sexually oriented business building or on-premises free-standing sign associated with such business building to the nearest boundary of the school, daycare, or public park parcel;

(iii)

in the case of any the Corridor or CRA, by measuring from the nearest corner of the sexually oriented business building or on-premises free-standing sign associated with such business building to the nearest right-of-way line of the Corridor or boundary line of the CRA.

In all such measurements, building projections, eaves or overhangs shall be excluded. In the case of a sexually oriented business operated outside a building, measurement shall be from the closest place of such operation.

(Ord. No. 932, § 1, 5-11-10)

No body altering business shall be located nearer than two thousand five hundred (2,500) feet of a school; one thousand five hundred (1,500) feet to any other body altering business; or one thousand (1,000) feet to any (i) public park, (ii) daycare, or (iii) the nearest right-of-way line of the corridor or boundary of the the CRA.

Such distance shall be measured by radial spacing as follows:

(i)

in the case of another body altering business, by measuring from the nearest corner of the body altering business building or on-premises free-standing sign associated with such business building, to the nearest corner of the other body altering business building or on-premises free-standing sign associated with such business building;

(ii)

in the case of a school, daycare, or public park, by measuring from the nearest corner of the body altering business building or on-premises free-standing sign associated with such business building to the nearest boundary of the school, daycare, or public park parcel;

(iii)

in the case of any the Corridor or CRA, by measuring from the nearest corner of the body altering business building or on-premises free-standing sign associated with such business building to the nearest right-of-way line of the Corridor or boundary line of the CRA.

In all such measurements, building projections, eaves or overhangs shall be excluded. In the case of a sexually oriented business operated outside a building, measurement shall be from the closest place of such operation.

(Ord. No. 932, § 1, 5-11-10)

All new sexually oriented businesses shall comply with the following sign and appearance requirements:

(1)

All Signs shall be flat Building Signs; no other signs are permitted.

(2)

The amount of allowable Sign Face Area shall be one square foot of Sign Face Area per linear foot of Frontage of that Premises, to a maximum of twenty five (25) square feet.

(3)

No (i) merchandise or (ii)pictures or advertisements of the sexually oriented or adult products, services or entertainment on the premises shall be displayed in building glass areas, windows, or any area where they can be viewed from a Street.

(4)

Building Signs attached to a window are prohibited. A single, one square foot Sign may be placed on the door to state hours of operation and admittance to adults only. A single, three square foot Sign containing only the word OPEN may be placed in a window.

(5)

All freestanding on-premises, outdoor signs are prohibited. All capitalized terms used in this Section shall have the meanings ascribed in the ULDC, as amended from time to time, which ordinance shall apply to the extent not inconsistent with this section.

(Ord. No. 932, § 1, 5-11-10)

All new body altering businesses shall comply with the following sign and appearance requirements:

(1)

All Signs shall be flat Building Signs; no other signs are permitted.

(2)

The amount of allowable Sign Face Area shall be one square foot of Sign Face Area per linear foot of Frontage of that Premises, to a maximum of twenty five (25) square feet.

(3)

No (i) merchandise or (ii)pictures or advertisements of the sexually oriented or adult products, services or entertainment on the premises shall be displayed in building glass areas, windows, or any area where they can be viewed from a Street.

(4)

Building Signs attached to a window are prohibited. A single, one square foot Sign may be placed on the door to state hours of operation and admittance to adults only. A single, three square foot Sign containing only the word OPEN may be placed in a window.

(5)

All freestanding on-premises, outdoor signs are prohibited. All capitalized terms used in this Section shall have the meanings ascribed in the ULDC, as amended from time to time, which ordinance shall apply to the extent not inconsistent with this section

(Ord. No. 932, § 1, 5-11-10)

Adult motion picture mini-theaters are prohibited. It shall be unlawful for any person to operate or cause or permit to be operated an adult motion picture mini-theater.

(Ord. No. 932, § 1, 5-11-10)

Where a sexually oriented or body altering business is located in conformity with the provisions of this chapter, the subsequent locating of a school, daycare center, or public park within the prohibited distances prescribed in this chapter shall not be construed to cause such designated use to be in violation of this chapter.

(Ord. No. 932, § 1, 5-11-10)

Except as provided hereafter, the provisions of this chapter shall not be construed to be retroactive, and any existing sexually oriented or body altering business which conformed to the regulations in effect when such sexually oriented or body altering business was established shall not be rendered illegal by the adoption of this article or amendments to this article; provided, however, that any sexually oriented or body altering business, whether pre-existing or hereafter established, that is

(1)

Voluntarily or involuntarily discontinued, vacated, closed or abandoned for a period of ninety (90) days in any one hundred twenty (120) day period, or

(2)

Has a voluntary or involuntary change of beneficial ownership in any degree (including transfer of stock in a corporation owning such business) after the effective date of this Article or any provision of this Article, as amended, which would make such business illegal but for this Section, or

(3)

Is increased, enlarged or extended in any way after the effective date of this Article or any provision of this Article, as amended, which would make such business illegal but for this Section, except to effect a change to a conforming use, shall immediately and fully comply with this Article even if such business must cease operation in order to comply. If two or more sexually oriented or body altering businesses are within one thousand five hundred (1,500) feet radial spacing of one another and otherwise in a permissible location, the sexually oriented or body altering business which was first established and continually operating at a particular location is the conforming use and the later-established sexually oriented or body altering business(es) is nonconforming.

(Ord. No. 932, § 1, 5-11-10)

Nothing in this chapter shall be construed to permit the establishment or maintenance of any sexually oriented or body altering businesses not otherwise permitted by the other articles of this ULDC or any other applicable law.

(Ord. No. 932, § 1, 5-11-10)