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:

The words "designed for" include the meaning "used for"; the word "structure" includes the word "building" and "building" the word "structure"; and the word "shall" is mandatory and not directory; the word "lot" includes the words "plot" and "tract"; and the words "area" and "district" may indicate and include the meaning of "zone."

Accessory building means a subordinate building, or portion of the main building, or a building on an adjacent lot, all under the same ownership, the use of which building is clearly incidental to the use of the main building.

Accessory uses means uses customarily incident to the principal use as permitted.

Additions means new construction which provides for increased facilities or increased floor area to an existing building.

Adult content shall mean (1) depictions of those areas of the human body, less than completely and opaquely covered, which consist of: (a) male and female genitals or pubic region; (b) male or female buttocks, anus, anal cleft, or cleavage; (c) female breast below a point immediately above the top of the areola; or (d) human male genitals in a discernibly turgid state; (2) depictions human genitals in a state of sexual stimulation, or being aroused to a state of sexual stimulation; and (3) depictions of acts of human masturbation, human sexual intercourse, or sodomy; or sexual acts between humans and animals.

Adult daycare means a facility which provides limited supervision and basic services on a part-time basis by day or evening, but not overnight, to three or more adults other than the family/employee occupying the premises. Adult daycare does not include community residential homes, nursing home facilities or assisted living facilities.

Advertising signs, general means a posted advertisement which does not apply to premises or any use of premises whereon such sign is located.

Alley means any roadway, place or public way dedicated to public use and 20 feet or less in width, unless otherwise officially designated as a street.

Alter or alteration means any change, addition or modification in construction or occupancy.

Apartment building means any building or part thereof, where separate accommodations for more than two families living independently or each other are supplied to transient or permanent guests or tenants.

Apartment-hotel means a building or complex in which more than 25 percent of the units are held out to the public as available on a rental basis for limited periods of time. Patrons of apartment-hotels shall not be considered residents of the Town of Medley for purposes of social services or programs.

Applicant. Any person or entity who applies to erect a billboard.

Automobile showroom means a building or premises where any new cars are prominently displayed and offered for sale by an authorized agent.

Bar means any place devoted primarily to the retailing and drinking of malt, vinous, or other alcoholic beverages, or any place where any sign is exhibited or displayed indicating that alcoholic beverages are obtainable therein or thereon and where such beverages are consumed on the premises.

Billboard means a sign structure advertising a commercial establishment, merchandise, service or entertainment which is not sold, produced, manufactured or furnished at the property on which such sign is located, e.g., "billboards" or "outdoor advertising." An off-premises sign is a principal use of the property on which it is located.

Block means that portion in length of any street which lies between two intersecting streets.

Boardinghouse means a building other than a hotel where lodging and meals, for five or more persons, are provided and served for compensation.

Building means anything constructed or erected, the use of which demands a permanent location on or in the land; or anything attached to something having a permanent location on or in the land.

Building identification sign means a sign limited to: (1) the name, address and number of a building; (2) the name of the building's primary occupant; and/or (3) the nature of the primary occupant's business.

Building line means the front line on which any building or structure may be erected or established on any lot.

Building site means the ground area of a building or buildings together with all open spaces surrounded by such building or buildings.

Class I waste means solid waste which is not hazardous waste, and which is not prohibited from disposal in a Lined Landfill, as defined herein, pursuant to rules established by the State of Florida Department of Environmental Protection (the "DEP").

Class III waste means yard trash, construction and demolition debris, processed tires, asbestos, carpet, cardboard, paper, glass, plastic, furniture other than appliances, or other materials approved by the DEP that are not expected to produce leachate which poses a threat to public health or the environment.

Club, private means those associations and organizations of a fraternal or social character, not operated or maintained for profit. Private club shall not include casinos, nightclubs or other institutions operated as a business.

Consecutive messages means when the second message/slide displayed on a digital billboard or trivision billboard answers a question posed on the prior slide, continues or completes a sentence started on the prior slide, or continues or completes a story line started on the prior slide.

Construction and demolition debris means discarded materials generally considered to be not water soluble and non-hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or demolition project site. The term includes rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or development operations for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a construction project, unpainted, non-treated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, non-treated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and de minimis amount of other non-hazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the construction and demolition industries. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris.

Digital billboard. Any billboard that is capable of displaying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means, excluding (i) any billboard or portion of a billboard containing only time, temperature or date information, (ii) scoreboards accessory to a public or private institutional athletic field, and (iii) trivision billboards.

Drive-in restaurants means refreshment places where space is provided or allowance is made for automobiles to congregate for the purpose of serving the occupants with refreshments or food, and shall have five times as much space for parking as there is ground space within the building.

Dry cleaning means the process of removing dirt, grease, paints and other stains from wearing apparel, textiles, fabrics, rugs and related materials.

Duplex means a dwelling designed for and occupied by a maximum of two families.

Dwelling or residence means a structure designed for the occupancy of people and used exclusively for sleeping, dining and other living requirements, as distinguished from a place of business or manufacturing establishment.

Dwelling, two-family means a dwelling designed for and occupied by a maximum of two families.

Embellishment means a temporary extension of the sign face which is added, modified or removed when the message is changed. Embellishments may not exceed 15 percent of the square footage of the sign face prior to the addition of the embellishment. Embellishments may not extend more than five feet beyond the permanent sign face.

Existing building means a building already erected or one for which a legal permit has been issued prior to the adoption of this chapter.

Family means one or more persons occupying a dwelling and living as a single housekeeping unit.

Floor area, nonresidential. Nonresidential floor area is the sum of areas for nonresidential use on all floors of buildings, measured from the outside faces of the exterior walls, including interior and exterior halls, lobbies, enclosed porches and balconies used for nonresidential uses.

Not countable as nonresidential floor area are:

(1)

Parking and loading areas within buildings, including separate accessory parking garages or structures;

(2)

Open terraces, patios, atriums or balconies;

(3)

Stairways, elevator shafts, mechanical rooms; or

(4)

Floor areas specifically excluded from floor area limitations by special provisions of these regulations.

Garage means a building in which automobiles, trucks or other automotive equipment is sheltered, stored or repaired.

Garage, private means a garage in which the garage owner's automotive equipment is stored, and not to be used for living quarters in a single-family residence zone also, and in which no business service or industry connected directly or indirectly is carried on.

Garage, public means a garage in which automotive equipment is stored, mechanically repaired, rebuilt or reconstructed for profit.

Gasoline and oil filling station means a structure or place where gasoline, oil and greases are supplied and dispensed to the motor vehicle trade, but no mechanical service shall be performed, without first erecting a block building enclosing all repairs or block wall enclosing and surrounding all storage of at least eight feet in height.

Hospital or sanitarium means a building in which sick, injured or infirm persons are housed or intended to be housed, except that this definition shall not apply to rooms in private dwellings not intended to be ordinarily occupied by sick, injured, demented or infirm persons.

Hotel means a building or complex in which there are ten or more sleeping rooms occupied on a rental basis for limited periods of time predominantly for sleeping accommodations, which may or may not feature individual kitchen facilities.

Inflammable matter means any matter which is combustible or explosive. Any liquid which, under operating conditions, gives off vapor which, when mixed with air, is combustible and explosive.

Junk or rag storage means the collection, storage and/or placing of any other materials including the collection, storage and placing of the following classes of materials: Used parts of machinery; used bottles; newspapers; magazines and other paper; used furniture; used plumbing fixtures; used steel, copper, zinc, bronze, lead and/or other used building materials; and used cloth or clothing.

Landfill means a solid waste disposal facility, which is an area of land or an excavation where wastes are or have been placed for disposal.

Legally non-conforming billboard means a billboard that was legally erected, but is no longer in compliance with all applicable laws.

Lined Class I landfill means a Lined Landfill, as defined herein, wherein the disposal of Class I waste is allowed.

Lined Class III landfill means a Lined Landfill, as defined herein, specifically limited to the disposal of Class III waste.

Lined landfill means a landfill constructed with a liner made of synthetic materials, low-permeability soils, or a combination of these materials, which has been permitted by the DEP, and which met the DEP landfill design criteria at the time of permitting.

Lot means a parcel of land occupied or designated to be occupied by a building and its accessory buildings, including such open space as may be required under this chapter. A lot may or may not be the land shown as a lot on a duly recorded plat, or waiver of plat. A corner lot is a lot abutting on two or more streets at their intersection.

Lot coverage means the percentage of the total area of the lot that, when viewed directly from above, would be covered by all principal and accessory buildings and structures, or portions thereof.

Lot depth means the distance measured in the main direction of the side lines of the lot from the center point of the front or street lot line to the center point of the opposite main rear line of the lot.

Lot width means the average width from one side of a lot to the other.

Marijuana means any strain of cannabis or marijuana, in any form, that is authorized by State law to be dispensed or sold in the State of Florida. Includes all forms of "medical marijuana" as defined by the State of Florida.

Marijuana dispensary means a retail establishment, licensed by the Florida Department of Health as a "medical marijuana treatment facility," "medical marijuana treatment center," "dispensing organization," "dispensing organization facility" or similar use, that sells and dispenses medical marijuana.

Materials means Class III waste.

Materials recovery means any process by which one or more of the various components in solid waste is separated and concentrated for reuse.

Materials recovery facility means a solid waste management facility that provides for the extraction from solid waste of recyclable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.

Mobile structure means a structure on wheels, rollers or skids and not structurally anchored to a foundation.

Monopole means a self-supporting sign mount consisting of a single shaft of steel or other material approved for such purposes in the Florida Building Code.

Mural means a static picture, graphic or arrangement of color which:

(1)

Advertises the principal or accessory products, merchandise, service, activities, or entertainment sold, produced, manufactured, or furnished on the premises of the establishment;

(2)

Does not consist principally of brand name or trade name advertising that is only incidental to the principal activity;

(3)

Does not generate rental income paid to the owner of the establishment or the property where the establishment is located; and

(4)

Which is applied directly onto, projected onto, or attached to a wall; and

(5)

Has a sign area that is 150 square feet or greater.

Nightclub means a public dining establishment where alcoholic beverages are sold for consumption on the premises and where singing, dancing or other form of paid entertainment is provided. Also, the term "nightclub" shall be defined as any place of business, located within any building, established and operated for the sale of alcoholic beverages to be consumed on the premises and which in addition shall have or do any of the following:

(1)

Employ or permit more than one live entertainer, performer or musician to perform simultaneously.

(2)

Shall remain open for business at any time between the hours of 3:00 a.m. and 5:00 a.m.

(3)

Shall be subject to the provisions of the federal amusement tax.

(4)

Shall permit patrons or customers to dance in such establishment.

Nonconforming use means a use which does not comply with the regulations of the use district in which it is situated.

Non-digital billboard. Any billboard that is not a "Digital Billboard."

Porte-cochere means a structure attached to a building and erected over a driveway to a building entrance, not exceeding one story in height and open on two or more sides.

Processing means any technique designed to change the physical, chemical, or biological character or composition of any solid waste so as to render it safe for transport, amenable to recovery, storage or recycling; safe for disposal; or reduced in volume or concentration, specifically excluding the activities prohibited in subsection 62-90(b) of this article.

Public facilities means major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities.

Putrescible waste means solid waste which contains organic matter capable of being decomposed by microorganisms and of such a character and proportion as to be capable of attracting or providing food for birds. The term does not include uncontaminated yard trash or clean wood.

Recreational vehicle means a recreational vehicle-type unit primarily designed and used as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle.

Recyclable material means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste.

Roominghouse means a residential building with three or more, but no more than ten, sleeping rooms for lodgers, and wherein no dining facilities are maintained for the lodger, as distinguished from a boardinghouse.

Setback means the minimum horizontal distance measured from a property line, or street line wherever the lot abuts a street, and any part of any building or other structure on the lot.

Setback, front means the distance from the front lot line to the nearest exterior wall surface of the structure.

Setback, rear means the distance from the property lines to the nearest exterior wall surface of the structure.

Setback, sides means the distance from the side property lines to the nearest exterior wall surface of the structure.

Shipping container means a large standardized container, designed and built for intermodal freight transport without unloading and reloading their cargo. Intermodal containers are primarily used to store and transport materials and products efficiently and securely in the global containerized intermodal freight transport system. These containers are known under a number of names, such as simply container, cargo or freight container, ISO container, shipping, sea or ocean container, container van or (Conex) box, sea or c can.

Shipping container facility means a facility which provides storage of shipping containers awaiting onward transportation or next use.

Shredding means a process of reducing the particle size of solid waste through the use of grinding, shredding, milling, chipping or rasping machines.

Sign face. The part of a sign that is or can be used for communication purposes, including all copy and sign background. Each sign face shall be considered a separate sign.

Structural alterations means any change or replacement of the structural members of a building, including but not limited to bearing walls, column beams or girders, but where no additional facilities or floor space are added thereto.

Tent means any structure or enclosure, the roof and/or one-half or more of the sides which are of silk, cotton, canvas, fabric, cloth or similar material.

Tourist court means a group of two or more one-story buildings having a single room with bath or two rooms with connecting bath on one lot or on two, or more adjoining lots no less than 60 feet in width, each unit having a separate outside entrance and each unit containing a minimum of 150 square feet.

Town. Whenever this section indicates that the Town must take action or receive something, the Town Mayor or his designee shall be responsible for such matters.

Trailer park means an area designated for the occupancy of house trailers occupied for residential purposes.

Trivision billboard. A billboard composed of mechanically operated louvers or slats containing multiple separate messages, each of which becomes visible when the louvers are synchronically rotated to one of a multiple number of positions, providing up to three separate sign faces.

Volume reduction plant means an incinerator, pulverizer, compactor, shredding and baling machine or plant, composting machine, facility, apparatus or plant, or other machine, facility, apparatus or plant which accepts and processes solid waste for recycling or disposal.

Wall, in connection with the definition of mural and section 62-38.1, means the exterior surface, in a single plane or in multiple parallel planes, of a building capable of being occupied, including surfaces free of windows or devoid of occupants behind the area where the mural is to be placed. Surfaces constructed on rooftops (other than a roof parapet) shall not be considered a wall for purpose of this section. No portion of the mural may consist of any digital media that can be changed or altered by electronic means. Any number of surface planes that face the same direction shall constitute the same wall.

Yard means an open space in the same lot with a building unoccupied and unobstructed from the ground upward, except as otherwise provided herein. A front yard extends the full width of the lot between the street line and the front line of the building as projected. A rear yard extends the full width of the lot between the rear lot line and the rear line of the building as projected. A side yard is situated at the side of the building as projected between front and rear yards, or if no front yard exists, between street line and rear yard.

(Ord. No. C-151, § 5, 3-4-74; Ord. No. C-184, § 1, 12-4-78; Ord. No. C-180, § 1, 8-7-78; Ord. No. C-304, § 3, 4-11-2005; Ord. No. C-306, § 3, 9-6-2005; Ord. No. C-368, § 3, 12-2-2013; Ord. No. C-380, § 4, 10-6-2014; Ord. No. C-387, § 2, 2-2-2015; Ord. No. C-389, § 3, 4-6-2015; Ord. No. C-392, § 2, 6-1-2015; Ord. No. C-417, § 2, 4-3-2017; Ord. No. C-419, § 2, 5-1-2017; Ord. No. C-428, § 2, 10-1-2018; Ord. No. C-433, § 2, 2-4-2019; Ord. No. C-448, § 2, 4-5-2021)

Cross reference— Definitions and rules of construction generally, § 1-3.

In order to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; to conserve the value of buildings and encourage the most appropriate use of land within the corporate area, all in accordance with a comprehensive plan, there is hereby adopted and established an official zoning plan for the Town adopted pursuant to the authority conferred upon the Town by the provisions of F.S. ch. 176.

(Ord. No. C-151, § 1, 3-4-74)

Each member of the Planning and Zoning Board of the Town shall serve without compensation.

(Ord. No. C-151, § 2, 3-4-74)

(a)

No plat shall be considered by the Planning and Zoning Board of the Town Council unless the plats are prepared by properly licensed persons.

(b)

Upon final approval of any plat by the Town Council, the person submitting the plat shall forthwith submit the same to the county commission for approval and shall, upon approval, record same with the clerk of the circuit court of the county. Unless such plats or replats shall be so recorded with the clerk of the circuit court within 60 days from final approval thereof by the Town Council, it shall constitute a valid basis for revocation of the ordinance adopting the plat. No building permit shall be issued nor shall any plans be approved for any building to be located on any lot wherein the application for the building permit refers to a plat which shall not have been recorded with the clerk of the circuit court, or waiver of plat be furnished the Town.

(Ord. No. C-151, § 3, 3-4-74)

Applications submitted in accordance with this chapter shall be accompanied by a fee in accordance with the adopted development application fee resolution, as may be amended from time to time.

(Ord. No. C-371, § 2, 2-3-2014)

Editor's note— Ord. No. C-371, § 2, adopted February 3, 2014, amended section 62-5 in its entirety to read as herein set out. Formerly, section 62-5 pertained to zoning applications; fee, and derived from Ord. No. C-151, § 4, adopted March 4, 1971.

The existing county zoning designations shall correspond and be equal to the Town zoning designations as follows:

(Ord. No. C-151, § 4.1, 3-4-74)

In order to classify, regulate and restrict the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and other open spaces about buildings; and to regulate the intensity of land use, the Town is hereby divided into classes of districts to be known as follows:

(Ord. No. C-151, § 8(a), 3-4-74)

(a)

The districts and boundaries thereof are shown upon the official zoning map of the Town dated March 1, 2019 (consisting of 15 sheets), attached hereto as Exhibit "A" and on file and available for inspection at the Office of the Town Clerk, which is hereby adopted and made a part hereof; such map and all notations, references and other information shown thereon shall be as much a part of this chapter as if such information set forth on such map were all fully described and set out herein.

(b)

In the erection of the respective districts, the Town Council has given due and careful consideration to the peculiar suitability of each and every such district for the particular regulations applied thereto, and the necessary proper and comprehensive groupings and arrangement of the various uses and densities of population in accordance with a well considered plan for the development of the Town.

(c)

The boundaries of the districts shown upon the map adopted in section 62-8 or amendments thereto duly adopted by ordinance of the Town Council, are hereby adopted and approved and the regulations of this chapter governing the use of land and buildings, the height of buildings, building site areas, the sizes of yards about buildings and other matters as hereinafter set forth, are hereby established and declared to being effect upon all the land included within the boundaries of each and every district shown upon the map.

(e)

Where uncertainty exists as to boundaries of any district shown on the map, the following rules apply:

(1)

Where such district boundaries are indicated as approximately following street lines, alley lines or lot lines, such lines shall be construed to be such boundaries.

(2)

In unsubdivided property or where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map.

(3)

In case any further uncertainty exists, the Town Council shall interpret the intent of the map as to location of such boundaries.

(4)

Where any public street, alley or other public way is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply thereto by virtue of each vacation or abandonment.

(Ord. No. C-151, § 8(b), 3-4-74; Ord. No. C-456, § 2, 6-6-2022)

In interpreting and applying the provisions of this chapter they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings; or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this chapter shall control. If, because of error or omission in the zoning map or prior zoning ordinances, any property in the Town is not shown in a zoning district, the classification of such property shall be U-unclassified.

(Ord. No. C-151, § 26, 3-4-74)

The zoning provisions of the Town charter are hereby adopted by this chapter and the procedure for changing of zoning therein shall be followed at all times by the Town in changing or amending zoning regulations.

(Ord. No. C-151, § 27, 3-4-74)

(a)

The Building Inspector shall enforce this chapter, the zoning ordinances of the Town; provided, however, that the Zoning Director shall do so when a Zoning Director shall be employed.

(b)

Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter or other zoning regulations and orders shall be fined not more than $500.00 or shall be imprisoned for not more than 60 days, or both, in the discretion of the court. Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. No. C-151, § 28, 3-4-74)