The purpose of these provisions is to classify uses into specially defined types on the basis of common functional characteristics and similarities and compatibility with other uses. These provisions apply throughout this Code. All land use activities are classified into the following activity types. If an ambiguity should arise where it is not clear in what activity a given use should be classified, the use shall be allowable only in the less restrictive zoning district.

7.13.01 Residential Activities:

A.

Single-family dwelling (including zero lot line and cluster homes);

B.

Duplex (two family dwelling); and

C.

Multiple family dwelling (three or more family dwelling).

7.13.02 Community Facility Activities:

A.

Administrative Services: Activities typically performed by not-for-profit private or public social services, charitable organizations and utility administrative offices.

B.

Child Care Services/Family Day Care: Activities typically performed in a family day care home as defined in §402.302, Florida Statutes, and is in an occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee or grant for any of the children receiving care, whether or not operated for profit. A family day care home shall be allowed to provide care for one of the following groups of children, which shall include those children under 13 years of age who are related to the caregiver:

1.

A maximum of four (4) children from birth to 12 months of age; or

2.

A maximum of three (3) children from birth to 12 months of age and other children for a maximum of five (5) children; or

3.

A maximum of seven (7) children if no more than 2 are infants under 12 months of age, and no more than three (3) are preschoolers.

C.

Club (public, private, or not-for-profit): Activities typically performed by a group of persons for social or recreational purposes not operated for a profit or to primarily render services which are customarily carried on as a business for profit.

D.

Cultural or Civic Activities: Activities typically performed by public or not-for-profit private entities for the promotion of a common cultural or civic objective such as literature, science, music, drama, art or similar objectives.

E.

Educational Institutions: A place for systematic instruction with a curriculum the same as customarily provided in a public school or college. These activities include nursery school and kindergarten facilities designed to provide a systematic program to meet organized training requirements.

F.

Nursing Homes (rest homes or convalescent): Activities customarily performed by a home for the elderly or infirm in which three or more persons not of the immediate family are received, kept, provided with food, shelter and care for compensation. This activity shall not include duly state licensed volunteer adult foster care homes in which three or less foster adults are placed. Neither does the principal activity include hospitals, clinics or similar institutions devoted to the diagnosis and treatment of the sick or injured.

G.

Place of Worship: Activities customarily performed in a building where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

H.

Utilities (public and private): Use of land which is customary and necessary to the maintenance and operation of essential public services, such as electricity and gas transmission systems; water distribution, collection and disposal; communication; and similar services and facilities.

I.

Group Homes: As defined and regulated by Chapter 419, Florida Statutes and Article 9 (section 9.02.03) of this Code.

7.13.03 Commercial Activities:

A.

Business and Professional Offices: Insurance and real estate brokerage services; photographic studio services, excluding sale of supplies and equipment; the provisions of advice, information or consultation of a professional nature (other than services classified as community facility activities or financial and banking services or medical services). This also includes executive management and administrative activities of private, profit oriented firms. These activities generally do not include the storage of goods and chattels for the purposes of sale.

B.

Commercial Amusement: Active or passive recreation facilities by profit oriented firms.

C.

Restricted Sales and Services: Small limited item shops and stores limited to retail sales of frequently needed small convenience items or services typically needed on a frequent and recurring basis such as barber and beauty care, small scale drug stores, dry cleaning pick-up stations (excluding cleaning and repair services); specialty food shops such as wine and cheese stores, imported food shops, or similar unique limited item shops (excluding general food market stores); interior decorators with or without display and with no warehousing. This land use classification is intended to accommodate shops with limited inventory or goods directed expressly to a special market area including:

1.

A household market area in the immediate vicinity as opposed to county-wide or regional;

2.

A specialized market with customized service demand; or

3.

A tourist oriented market area in the immediate vicinity. Scuba shops, repair shops, motor vehicles parts, health spas, wholesale, warehousing, and discount stores and similar general sales stores are expressly excluded.

D.

Financial and Banking Services: Including full service banking; drive-in banking; loan companies; savings and loan services and stock brokerage services.

E.

Funeral Homes: Undertaking and funeral services involving the care and preparation of the deceased prior to burial, excluding cremators, crematory operations and columbaria.

F.

General Retail Sales and Services: Retail sale or rental from the premises of goods or both goods and services for personal, informational, or instructional service; department stores; hardware stores; supermarkets; pet shops; large specialty shops; furniture stores (with incidental warehousing); decorating services and sales; carpet stores, dry goods stores; personal sales and services; household goods and services; Volume 1, Article 32, Fire Prevention Code, 1985 Edition, Class IV or Class V dry cleaning establishments using only non-flammable Class IV solvents such as perchlorethelene, except for spotting as provided in Volume 1, Article 32, Section 4-4.5 of the Fire Prevention Code, 1985 Edition, lawn and garden supplies; office equipment and supplies, and other similar goods and services. These activities exclude the following: sale and rental of motor vehicles except small parts and accessories; sale of construction materials except paint, fixtures and hardware activities.

G.

Guest Houses, Boarding Houses and Transient Quarters: Any structure including converted dwellings in which less than ten rooms, with or without meals, are rented or otherwise provided for compensation to seasonal residents or transients for their temporary care and lodging.

H.

Hotels and Motels: A building or other structure used, maintained, or advertised as a place where ten (10) or more rooms are offered on a short term or transient basis for sleeping or living accommodations and which may include as an accessory use one or more main dining room areas.

I.

Hospitals and Extensive Care: Institutions providing health services, primarily for in-patients, and medical or surgical care; including, as an integral part of the institution, related facilities, central service facilities, and staff offices.

J.

Marinas: Recreational, residential or commercial facilities located adjacent to a public navigable waterway and which are provided with slips and moorings for securing, servicing or repairing of watercraft. Major repairs, such as construction or rebuilding of boats, installation of new bottoms or substantial structural additions or alterations, are prohibited in conjunction with recreational and commercial marinas as they are industrial activities.

K.

Medical Services: The provision of therapeutic, preventive or corrective personal treatment services by physicians, dentists, and other licensed medical practitioners, as well as the provision of medical testing and analysis services, medical marijuana treatment centers. These services are provided to patients who are admitted for examination and treatment by a physician.

L.

Parking Garages: A public or private commercial building or structure solely for the off-street parking or storage of operable motor vehicles.

M.

Plant Nurseries and Landscape Services: Cultivation and sale of flowers, shrubs, trees, and plants at wholesale, retail or both, as well as provision of related consultative services.

N.

Restaurants: Any establishment where the principal business is the sale of food or beverages to the customer in a ready-to-consume state and where the design or principal method of operation includes two or more of the following:

1.

Customers, normally provided with an individual menu, are served generally in non-disposable containers by a restaurant employee at the same table or counter at which said items are consumed.

2.

Ice cream parlors and other small specialty restaurants often having floor area exclusively within a shopping or office center and sharing common parking facilities with other businesses within the center.

3.

A cafeteria or cafeteria type operation where foods or beverages generally are served in non-disposable containers and consumed within the restaurant building.

4.

Customers purchase food or beverages for carry out, pick-up or drive-thru.

5.

Foods or beverages served generally in edible containers or in paper, plastic, or other disposable containers for consumption within the restaurant building or for carry-out consumption.

O.

Trade Service and Repair: Shops providing services requiring skilled labor or craftsmanship for the repair of household items, including appliances, typewriters, watches, locks and similar items, as well as printing, copy and blue printing services; and similar trades and services. All such general retail and services shall not involve outside storage, except where otherwise provided in this Code.

P.

Limited Vehicular Service and Maintenance: Establishments such as lubrication and oil change shops, gas stations for the dispensing of motor fuels and related products at retail and having pumps, storage tanks and other facilities for such activity and which may include the retail sale of minor automobile parts and accessories such as tires, batteries, spark plugs, fan belts, shock absorbers, mirrors, floor mats, cleaning and polishing materials and similar items, and which may include the inspection, servicing or minor repair of motor vehicles and does not have more than three (3) enclosed service bays or stalls with individual outside access or doors. These services shall not include body repair and painting, frame straightening, or tire recapping or vulcanizing.

Q.

Vehicular Sales and Service: The retail or wholesale sale or rental of motor vehicles and related equipment, such as dealerships, with incidental service and maintenance carried on within an enclosed building with no more than two automobile access doorways.

R.

Veterinary Medical Services: The provision of animal medical care, treatment, and temporary boarding of such animals by a Florida licensed veterinarian.

S.

Wholesale Trades and Services: The display, limited storage and sale of goods to other firms for resale, excluding outside storage, except as otherwise provided in this Code.

T.

Self Service Storage Facility: Any real property designed and used for the purpose of renting or leasing individual storage space to tenants who are to have access to such space for the purpose of storing and removing personal property. No individual storage space may be used for residential purposes.

7.13.04 Industrial Activities: These uses are not permitted within the City:

A.

Vehicular Service and Maintenance: Establishments solely for the provision of services which include body repair and painting, frame straightening, engine building or rebuilding, or tire recapping or vulcanizing.

B.

Manufacturing:

1.

Warehousing (not associated with a retail operation), commercial storage or distribution activities and similar uses (This does not include facilities described in Section 7.13.03 T, above).

2.

Light manufacturing, fabricating, assembling of components and similar activities if such activities are not conducted wholly within a building with no noise, smoke, glare, vibration or odor emissions.

3.

Truck or bus terminal facilities.

4.

Service establishments such as heavy machinery or heavy equipment rental, commercial (non-retail) laundry or dry cleaning, which are other than convenience sales services, and similar uses.

5.

Outside Storage of construction materials.

6.

Outside kennels for boarding of domestic animals.

7.

Other industrial uses, including uses which are obnoxious because of the emission of harmful quantities of air pollutants, noise, vibrations, glare, or uses which possess an explosive or fire hazard.

C.

Junk Yards and Salvage Parts Yards.

7.13.05 Accessory Activities: In addition to the principal activities expressed above, each activity type shall be deemed to include activities customarily associated with and appropriately incidental and subordinate to the principal activity when located on the same zone lot as such principal activity and meet the additional conditions set forth below. Such accessory activities shall be controlled in the same manner as the principal activities within such zone except as otherwise provided herein. Accessory activities include, but are not limited to, the activities indicated below:

A.

Off-street parking and loading serving a principal activity, whether located on the same zone lot or on a different zone lot, but only if the facilities involved are reserved for the residents, employees, patrons or other persons participating in the principal activity.

B.

Home occupation accessory to a residential activity may be carried on within a dwelling unit by one or more residents of the dwelling unit and shall not occupy more than 20 percent of the total floor area of such dwelling unit or more than 400 square feet of floor area, whichever is less. Home occupation shall not include the manufacture and repair of motor vehicles or transportation equipment. The following shall not be permitted:

1.

Exterior displays, or a display of goods or chattels visible from the outside or exhibited on the premises by any method or device whatsoever, including all exterior signs and any window sign larger than 1' x 1' which would indicate from the exterior that the dwelling unit, or accessory building, is being utilized in whole or in part as a home occupation;

2.

Use, in connection with the home occupation, of any mechanical or electrical equipment, except that which generally would be used for purely domestic or household purposes;

3.

Storage of materials or goods or chattels, or any part or parts outside of principal or accessory building or other structure;

4.

External structure alterations not customarily found in residential buildings;

5.

Offensive noise, vibration, smoke, dust, or other particulate matter, odorous matter, heat, glare or light;

6.

Employment of persons other than a family member of the dwelling unit in the conduct of the home occupation;

7.

Traffic generated by the home occupation in greater volumes than normally expected in the residential neighborhood and any need for parking generated by the home occupation is met off the street and other than in the required front yard;

8.

Group instruction or assembly; fortune telling; massage parlors, modeling studios, photography studios and similar services;

9.

Home occupation or commercial activity in a residential mobile home.

C.

Residential occupancy customarily associated with and appropriately incidental to a principal non-residential activity on the same lot.

D.

Operation of a cafeteria, dining hall or restaurant for employees, residents, patrons or others participating in the principal activity by an organization engaged in a Community Facility Activity on the same zone lot. Where the principal activity is permitted only after approval as a "conditional use," an accessory cafeteria must be approved as a part of the action granting approval to the subject conditional use.

E.

Operation of an administrative office customarily associated with and incidental to a principal commercial activity on the same lot, but only if such office does not occupy more than 49 percent of the total floor area and open space, display, storage, production and service area occupied by the same firm on the same zone lot.

F.

Docks, Piers and Mooring Devices: Non commercial structures such as piers, docks, wharves, mooring devices, lifting and launching devices, are permitted as accessory structures where allowed in residential districts.

Such structures shall not extend seaward from the property line for more than three hundred (300) feet or fifteen (15) percent of the open water span at the point of installation whichever is less. In no case shall such structures extend nearer than twenty-five (25) feet to a channel.

Unwalled roof areas or boat shelters are permitted as accessory structures on conforming piers, docks, or wharves provided that no part of such superstructure extends further seaward from the property line than the permitted pier, dock or wharf and provided that the top of such structure shall not be more than thirty-five (35) feet above the mean high water line.

(Ord. No. 2017-09, § 2, 12-4-17; Ord. No. 2019-15 , § I, 12-2-19)