A greenhouse shall be permitted as an auxiliary use in any R district, and shall be restricted to the sole purpose of raising plants and flowers subject to the following conditions and restrictions:

(A)

Construction requirements. Greenhouses shall be anchored to the ground in a manner consistent with the requirements provided by the South Florida Building Code, and shall be constructed of:

(1)

Galvanized pipe or extruded aluminum frame, covered with chain link fencing material or dark green plastic screening.

(2)

Galvanized pipe or extruded aluminum frame, covered with chain link fencing material or dark green plastic screening located on top of a masonry wall, provided the masonry wall does not exceed a height of four feet above the finished grade.

(3)

Glass in extruded aluminum frames, provided where masonry is used in the wall of the construction, the masonry walls shall not exceed a height of four feet above the finished grade.

(4)

Galvanized pipe or extruded aluminum frame covered with galvanized expanded material painted green.

(B)

Outside covering. In those instances where a greenhouse is constructed of chain link fence material, the greenhouse shall be covered at all times with dark green plastic screen, provided the plastic screen may be temporarily removed in the event of a hurricane.

(C)

Size restrictions. The ground dimensions of the greenhouse shall not exceed a width of 12 feet, and a depth of 16 feet.

(D)

Wall height limit. The walls of the greenhouse shall not exceed a height of four feet above the finished grade.

(E)

Building height limit. The greenhouse shall not exceed an overall height of eight and one-half feet above the finished grade.

(F)

Roof pitch. The roof pitch of the greenhouse shall not exceed a maximum of three inches in 12 inches.

(G)

Shading materials. Sun screen and other material used for shading, except dark green plastic screen, shall be used only on the side of the greenhouse.

(H)

Position on lot. The greenhouse shall not be located in the front, side, or rear yard setback of any property as provided in this chapter, and shall not be located closer than ten feet from the main structure and five feet from the rear lot line. Greenhouses are permitted in the rear yard only.

(I)

Landscaping. The greenhouse shall be properly screened by landscaping in a manner not inconsistent with the provisions of the applicable ordinances of the City, so that the greenhouse shall not detract from the view of adjacent property. The greenhouse construction shall be subject to the approval of the building inspector, and the landscaping shall be maintained for as long as the structure shall remain on the premises.

(J)

Toilet facilities. A greenhouse shall not contain toilet facilities, but may contain a sink for the washing and care of orchids or other flowers and plants.

(K)

Structural design. The structural design of the greenhouse shall be subject to approval by the building inspector.

(Code 1962, § 25-18.1; amend. Ord. 395, passed 2-12-68; amend. Ord. 599-77, passed 3-28-77)

(A)

Uses permitted.

(1)

Single-family dwelling. In no case shall there be more than one main building on a lot.

(2)

Accessory structures and uses incidental to the single-family dwelling when placed on the same lot or parcel of land and not used or operated commercially, including, private garages, children(s) playhouses, tool sheds, and workshops. Accessory structures and uses such as servant(s) quarters, guest houses, and any other type of dwelling or dwelling unit are prohibited. Notwithstanding any other definition or provision contained within the Code of Ordinances to the contrary, the "total rear yard area" for the purposes of the calculations required for the determination of the percentage of rear yard occupancy shall include all areas of property on the site from the vertical walls of structure backward to the rear property line, regardless of whether any such wall is recessed behind the part of the structure from which the required rear yard setback is measured. Accessory structures and all constructed additions shall conform in design and character to that of the main building and be constructed in accordance with all other applicable provisions of City Ordinances. Except for swimming pools and decks setbacks, the placement and location of all such accessory structures in rear yards of properties shall be as follows:

(a)

Minimum rear yard setback: Five feet.

(b)

Minimum side yard setback: 10% of lot width. No less than five feet for interior lot lines and no less than 15 feet for corner lot lines.

(c)

Minimum distance separation from main residence and other accessory structures: 10 feet.

(d)

Maximum number of accessory structures: Three.

(e)

Maximum rear yard lot coverage: 15%.

(3)

Signs. See Signs, § 150-030.

(B)

Building height limit. The maximum building height of main buildings shall be two stories which shall not exceed 30 feet. For accessory structures, the roof tie beam shall not exceed ten feet in height, and the roof height shall not exceed 15 feet. Notwithstanding the foregoing, the Board of Adjustment and City Council can approve additional heights for structures when the additional heights are for architectural design features which do not constitute living space and which are not inconsistent with the character of the surrounding neighborhood. Any application for approval pursuant to this provision shall not be considered a variance, but an exceptional approval by the Board and City Council.

(C)

Building site area required. The minimum building site area shall be one lot or parcel of land 10,000 square feet in area for each single-family dwelling. The parcel shall have a minimum average width of at least 75 feet. (For exemptions for undersized legal non-conforming lots see § 150-092(C)).

(D)

Front yard required. There shall be a front yard of a depth of not less than 30 feet, unless the average depth of the front yard of the contiguous lot or lots is either greater or less than 30 feet, in which case the front yard shall be the average depth of the front yard of the contiguous lot or lots. In case there is no dwelling on the block, the depth of the front yard shall be a minimum of 30 feet. The maximum depth of the front yard permitted shall be not more than 50 percent of the depth of the lot or building site.

(E)

Side yard requirements.

(1)

Side yards required for one-story buildings. The width of the required side yards for one-story buildings shall each be ten percent of the average width of the lot, but in no case shall each side yard be less than five feet in width. Side yards adjacent to streets shall be not less than 15 feet. Side yards shall be measured from the closest point of the structure to the side lot line, on a bearing parallel to the front lot line, at ground level.

(2)

Continuation of a legal non-conforming setback.

(a)

A legal non-conforming setback may be continued horizontally as long as the provided setback is no less than 50% of the required setback.

(b)

A legal non-conforming setback may be continued vertically as long as the provided setback is no less than 50% of the required setback.

(F)

Rear yard required. There shall be a rear yard of not less than 25 feet in depth.

(G)

Floor area requirements. The minimum floor areas of dwellings in this district shall be 1,800 square feet.

(H)

Maximum lot coverage. There shall be a maximum lot coverage of 40%.

(I)

Minimum landscaped pervious area. There shall be a minimum landscaped pervious area of 30%.

(Code 1962, § 25.19; amend. Ord. 395, passed 2-12-68; amend. Ord. 763-90, passed 6-25-90; amend. Ord. 768-90, passed 9-10-90; amend. Ord. 769-90, passed 9-24-90; amend. Ord. 791-92, passed 5-11-92; amend. Ord. 812-94, passed 8-8-94; amend. Ord. 814-94, passed 10-10-94; amend. Ord. 822-95, passed 4-10-95; amend. Ord. 937-06, passed 8-28-06; amend. Ord. 954-07, passed 3-26-07; amend. Ord. 967-08, passed 5-12-08; amend. Ord. 986-09, passed 11-23-09; amend. Ord. 1109-2018, passed 9-24-18; amend. Ord. 1137-2024, passed 1-8-24)

(A)

Uses permitted.

(1)

Single-family dwelling. In no case shall there be more than one main building on a lot.

(2)

Accessory structures and uses incidental to the single-family dwelling when placed on the same lot or parcel of land and not used or operated commercially, including, private garages, children(s) playhouses, tool sheds, and workshops. Accessory structures and uses such as servant(s) quarters, guest houses, and any other type of dwelling or dwelling unit are prohibited. Notwithstanding any other definition or provision contained within the Code of Ordinances to the contrary, the "total rear yard area" for the purposes of the calculations required for the determination of the percentage of rear yard occupancy shall include all areas of property on the site from the vertical walls of structure backward to the rear property line, regardless of whether any such wall is recessed behind the part of the structure from which the required rear yard setback is measured. Accessory structures and all constructed additions shall conform in design and character to that of the main building and be constructed in accordance with all other applicable provisions of City Ordinances. Except for swimming pools and decks setbacks, the placement and location of all such accessory structures in rear yards of properties shall be as follows:

(a)

Minimum rear yard setback: Five feet.

(b)

Minimum side yard setback: 10% of lot width. No less than five feet for interior lot lines and no less than 15 feet for corner lot lines.

(c)

Minimum distance separation from main residence and other accessory structures: 10 feet.

(d)

Maximum number of accessory structures: Three.

(e)

Maximum rear yard lot coverage: 15%.

(3)

Signs. See Signs, § 150-030.

(B)

Building height limit. The maximum building height of main buildings shall be two stories which shall not exceed 30 feet. For accessory structures, the roof tie beam shall not exceed ten feet in height, and the roof height shall not exceed 15 feet. Notwithstanding the foregoing, the Board of Adjustment and City Council can approve additional heights for structures when the additional heights are for architectural design features which do not constitute living space and which are not inconsistent with the character of the surrounding neighborhood. Any application for approval pursuant to this provision shall not be considered a variance, but an exceptional approval by the Board and City Council.

(C)

Building site area required. The minimum building site area shall be one lot or parcel of land 10,000 square feet in area for each single-family dwelling. The parcel shall have a minimum average width of at least 75 feet. (For exemptions for undersized legal non-conforming lots see § 150-092(C)).

(D)

Front yard required. There shall be a front yard of a depth of not less than 30 feet, unless the average depth of the front yard of the contiguous lot or lots is either greater or less than 30 feet, in which case the front yard shall be the average depth of the front yard of the contiguous lot or lots. In case there is no dwelling on the block, the depth of the front yard shall be a minimum of 30 feet. The maximum depth of the front yard permitted shall be not more than 50 percent of the depth of the lot or building site.

(E)

Side yard requirements.

(1)

Side yards required for one-story buildings. The width of the required side yards for one-story buildings shall each be ten percent of the average width of the lot, but in no case shall each side yard be less than five feet in width. Side yards adjacent to streets shall be not less than 15 feet. Side yards shall be measured from the closest point of the structure to the side lot line, on a bearing parallel to the front lot line, at ground level.

(2)

Continuation of a legal non-conforming setback.

(a)

A legal non-conforming setback may be continued horizontally as long as the provided setback is no less than 50% of the required setback.

(b)

A legal non-conforming setback may be continued vertically as long as the provided setback is no less than 50% of the required setback.

(F)

Rear yard required. There shall be a rear yard not less than 25 feet in depth.

(G)

Floor area requirements. The minimum floor areas of dwellings in this district shall be 1,500 square feet.

(H)

Maximum lot coverage. There shall be a maximum lot coverage of 40%.

(I)

Minimum landscaped pervious area. There shall be a minimum landscaped pervious area of 30%.

(Code 1962, § 25-20; amend. Ord. 184, passed 2-8-54; amend. Ord. 713-86, passed 9-8-86; amend. Ord. 754-89, passed 11-13-89; amend. Ord. 768-90, passed 9-10-90; amend. Ord. 791-92, passed 5-11-92; amend. Ord. 907-03, passed 10-13-03; amend. Ord. 937-06, passed 8-28-06; amend. Ord. 954-07, passed 3-26-07; amend. Ord. 1109-2018, passed 9-24-18; amend. Ord. 1137-2024, passed 1-8-24)

(A)

Uses permitted.

(1)

One single-family dwelling. In no case shall there be more than one main building on a lot.

(2)

Accessory structures and uses incidental to the single-family dwelling when placed on the same lot or parcel of land and not used or operated commercially, including, private garages, children(s) playhouses, tool sheds, and workshops. Accessory structures and uses such as servant(s) quarters, guest houses, and any other type of dwelling or dwelling unit are prohibited. Notwithstanding any other definition or provision contained within the Code of Ordinances to the contrary, the "total rear yard area" for the purposes of the calculations required for the determination of the percentage of rear yard occupancy shall include all areas of property on the site from the vertical walls of structure backward to the rear property line, regardless of whether any such wall is recessed behind the part of the structure from which the required rear yard setback is measured. Accessory structures and all constructed additions shall conform in design and character to that of the main building and be constructed in accordance with all other applicable provisions of City Ordinances. Except for swimming pools and decks setbacks, the placement and location of all such accessory structures in rear yards of properties shall be as follows:

(a)

Minimum rear yard setback: Five feet.

(b)

Minimum side yard setback: 10% of lot width. No less than five feet for interior lot lines and no less than 15 feet for corner lot lines.

(c)

Minimum distance separation from main residence and other accessory structures: 10 feet.

(d)

Maximum number of accessory structures: Three.

(e)

Maximum rear yard lot coverage: 15%.

(3)

Signs. See Signs, § 150-030.

(B)

Building height limit. The maximum building height of main buildings shall be two stories which shall not exceed 30 feet. For accessory structures, the roof tie beam shall not exceed ten feet in height, and the roof height shall not exceed 15 feet. Notwithstanding the foregoing, the Board of Adjustment and City Council can approve additional heights for structures when the additional heights are for architectural design features which do not constitute living space and which are not inconsistent with the character of the surrounding neighborhood. Any application for approval pursuant to this provision shall not be considered a variance, but an exceptional approval by the Board and City Council.

(C)

Building site area required. The minimum building site area shall be one lot or parcel of land 10,000 square feet in area for each single-family dwelling. The parcel shall have a minimum average width of at least 75 feet. (For exemptions for undersized legal non-conforming lots see § 150-092(C)).

(D)

Front yard required. There shall be a front yard of a depth of not less than 30 feet, unless the average depth of the front yard of the contiguous lot or lots is either greater or less than 30 feet, in which case the front yard shall be the average depth of the front yard of the contiguous lot or lots. In case there is no dwelling on the block, the depth of the front yard shall be a minimum of 30 feet. The maximum depth of the front yard permitted shall be not more than 50 percent of the depth of the lot or building site.

(E)

Side yard requirements.

(1)

Side yards required for one-story buildings. The width of the required side yards for one-story buildings shall each be ten percent of the average width of the lot, but in no case shall each side yard be less than five feet in width. Side yards adjacent to streets shall be not less than 15 feet. Side yards shall be measured from the closest point of the structure to the side lot line, on a bearing parallel to the front lot line, at ground level.

(2)

Continuation of a legal non-conforming setback.

(a)

A legal non-conforming setback may be continued horizontally as long as the provided setback is no less than 50% of the required setback.

(b)

A legal non-conforming setback may be continued vertically as long as the provided setback is no less than 50% of the required setback.

(F)

Rear yard required. There shall be a rear yard not less than 25 feet in depth.

(G)

Floor area requirements. The minimum floor areas of dwellings in this district shall be 1,200 square feet.

(H)

Maximum lot coverage. There shall be a maximum lot coverage of 40%.

(I)

Minimum landscaped pervious area. There shall be a minimum landscaped pervious area of 30%.

(Code 1962, § 25-21; amend. Ord. 184, passed 2-8-54; amend. Ord. 713-86, passed 9-8-86; amend. Ord. 754-89, passed 11-13-89; amend. Ord. 768-90, passed 9-10-90; amend. Ord. 791-92, passed 5-11-92; amend. Ord. 907-03, passed 10-13-03; amend. Ord. 937-06, passed 8-28-06; amend. Ord. 954-07, passed 3-26-07; amend. Ord. 1109-2018, passed 9-24-18; amend. Ord. 1137-2024, passed 1-8-24)

(A)

Uses permitted.

(1)

Any use permitted in the R-1C district.

(2)

Accessory structures and uses incidental to the single-family dwelling when placed on the same lot or parcel of land and not used or operated commercially, including, private garages, children(s) playhouses, tool sheds, and workshops. Accessory structures and uses such as servant(s) quarters, guest houses, and any other type of dwelling or dwelling unit are prohibited. Notwithstanding any other definition or provision contained within the Code of Ordinances to the contrary, the "total rear yard area" for the purposes of the calculations required for the determination of the percentage of rear yard occupancy shall include all areas of property on the site from the vertical walls of structure backward to the rear property line, regardless of whether any such wall is recessed behind the part of the structure from which the required rear yard setback is measured. Accessory structures and all constructed additions shall conform in design and character to that of the main building and be constructed in accordance with all other applicable provisions of City Ordinances. Except for swimming pools and decks setbacks, the placement and location of all such accessory structures in rear yards of properties shall be as follows:

(a)

Minimum rear yard setback: Five feet.

(b)

Minimum side yard setback: 10% of lot width. No less than five feet for interior lot lines and no less than 15 feet for corner lot lines.

(c)

Minimum distance separation from main residence and other accessory structures: 10 feet.

(d)

Maximum number of accessory structures: Three.

(e)

Maximum rear yard lot coverage: 15%.

(3)

Signs. See Signs, § 150-030.

(B)

Building height limit. The maximum building height of main buildings shall be two stories which shall not exceed 30 feet. For accessory structures, the roof tie beam shall not exceed ten feet in height, and the roof height shall not exceed 15 feet. Notwithstanding the foregoing, the Board of Adjustment and City Council can approve additional heights for structures when the additional heights are for architectural design features which do not constitute living space and which are not inconsistent with the character of the surrounding neighborhood. Any application for approval pursuant to this provision shall not be considered a variance, but an exceptional approval by the Board and City Council.

(C)

Building site area required. The minimum building site area shall be one lot or parcel of land 10,000 square feet in area for each single-family dwelling. The parcel shall have a minimum average width of at least 75 feet. (For exemptions for undersized legal non-conforming lots see § 150-092(C)).

(D)

Front yard required. There shall be a front yard of a depth of not less than 30 feet, unless the average depth of the front yard of the contiguous lot or lots is either greater or less than 30 feet, in which case the front yard shall be the average depth of the front yard of the contiguous lot or lots. In case there is no dwelling on the block, the depth of the front yard shall be a minimum of 30 feet. The maximum depth of the front yard permitted shall be not more than 50 percent of the depth of the lot or building site..

(E)

Side yard requirements.

(1)

Side yards required for one-story buildings. The width of the required side yards for one-story buildings shall each be ten percent of the average width of the lot, but in no case shall each side yard be less than five feet in width. Side yards adjacent to streets shall be not less than 15 feet. Side yards shall be measured from the closest point of the structure to the side lot line, on a bearing parallel to the front lot line, at ground level.

(2)

Continuation of a legal non-conforming setback.

(a)

A legal non-conforming setback may be continued horizontally as long as the provided setback is no less than 50% of the required setback.

(b)

A legal non-conforming setback may be continued vertically as long as the provided setback is no less than 50% of the required setback.

(F)

Rear yard required. There shall be a rear yard not less than 25 feet in depth.

(G)

Floor area requirements. The minimum floor areas of dwellings in this district shall be 1,000 square feet.

(H)

Maximum lot coverage. There shall be a maximum lot coverage of 40%.

(I)

Minimum landscaped pervious area. There shall be a minimum landscaped pervious area of 30%.

(Code 1962, § 25-22; amend. Ord. 184, passed 2-8-54; amend. Ord. 713-86, passed 9-8-86; amend. Ord. 754-89, passed 11-13-89; amend. Ord. 768-90, passed 9-10-90; amend. Ord. 791-92, passed 5-11-92; amend. Ord. 907-03, passed 10-13-03; amend. Ord. 937-06, passed 8-28-06; amend. Ord. 954-07, passed 3-26-07; amend. Ord. 1109-2018, passed 9-24-18; amend. Ord. 1137-2024, passed 1-8-24)

(A)

Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Conditional use. A use that would not be permitted throughout a particular zoning district (residential), but would be permitted in that district if authorized by ordinance upon the meeting of certain specific procedures, conditions, and restrictions.

Single-family residentially zoned property. All property that is located within zoning districts R-1A, R-1B, R-1C, and R-1D in the City.

Family day care home. An owner-operated single-family residence in which babysitting services are regularly provided for no more than five preschool children under six years of age from more than one unrelated family and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. The maximum number of five preschool children includes those living in the home and those received for day care who are not related to the resident caretaker.

(B)

Conditional use for family day care home permitted. All owners of single-family residentially zoned property, as defined herein, may also operate their own single-family residence as a family day care home upon the securing of a conditional use approval from the City Council in accordance with the procedures, conditions, and requirements hereinafter set forth. All conditional use approvals secured from the City Council shall be subject to annual review and renewal.

(C)

Procedures, conditions, and restrictions for securing conditional use approval.

(1)

Procedures. Each owner of single-family residentially zoned property, as defined herein, desiring to operate their own residence as a family day care home shall, to-wit:

(a)

Complete and submit a City application for conditional use approval.

(b)

Pay an application processing and hearing fee in an amount that will be established from time to time by the City administrative staff that will reimburse the City for all publication and administrative costs reasonably incurred in the processing of each application.

(c)

Submit a certified copy of their current state certificate of registration secured pursuant to F.S.A. Ch. 402.

(d)

Submit a site plan of the subject property.

(e)

Submit any additional information or material as the City may, in its sole discretion, require for its review of the application for conditional use approval.

(f)

Following review and examination by the City staff and administration, the application shall be set for a public hearing before the City Council.

(g)

The citizens shall be notified of the meeting on each application in the usual manner provided for public hearings generally.

(h)

At the public hearing, the City Council shall hear all public comments on the pending application, determine if all ordinance conditions and restrictions have been met, and either grant or deny the application for conditional use for a one-year period by majority vote.

(i)

Any appeal from the action of the City Council shall be by petition for writ of certiorari to the appellate division of the county circuit court.

(2)

Conditions for use.

(a)

All procedures previously set forth herein must be fully complied with to the satisfaction of the City.

(b)

The number of children permitted at the family day care home shall be as specified in the definition division herein.

(c)

There shall be no employees of the family day care home other than the owner/operator.

(d)

There shall be no exterior signage at the family day care home.

(e)

There shall be no exterior construction, modification, improvement, or decoration to the premises for the purpose of notifying or advertising this location to the public as a family day care home.

(f)

All outside activities for the children shall be limited to the rear and side yards of the premises.

(g)

Each family day care home shall not begin operation before 7:00 a.m. and shall cease operation by 7:00 p.m. each day.

(h)

Each family day care home shall be operated in such a manner as to provide a minimum of parking, loading, ingress, egress, and traffic interference difficulties.

(i)

No family day care home shall be located within 500 feet of another family day care home.

(3)

Restrictions for use.

(a)

Each person who secures a conditional use approval for a family day care home is required to submit its state certificate of registration and any and all other documents or fees that may then be required by the City on the anniversary date of the securing of this conditional use approval to the City Building and Zoning Department.

(b)

The renewal of each conditional use approval granted for a family day care home shall then be reviewed by the City staff and administration.

(c)

The administration shall then make its recommendations to the City Council as to whether or not a particular conditional use should be renewed.

(d)

The City Council shall review the recommendations of the administration and consider the renewal of the conditional use approval at a regularly scheduled City Council meeting.

(e)

Nothing contained herein shall prevent the City Council from receiving public comment on each renewal, requesting further information or documentation from the administration or any owner/operator, or to conduct further hearings prior to approving or denying any renewal request.

(D)

Occupational license. Each owner/operator of a family day care home shall be required to annually secure a City occupational license in accordance with the schedule of fees promulgated in this Code.

(E)

Grandfather provision. All owner/operators securing conditional use approvals to operate family day care homes in the single-family residentially zoned districts of the City shall be given one additional year to conclude their use of their single-family residentially zoned property as family day care homes from the date the City Council votes to repeal this section.

(Ord. 742-88, passed 11-14-88)

(A)

Purpose and intent. It is the purpose and intent of this section to license and permit the usage of residential properties in the City for limited business purposes, as defined in Code of Ordinance § 150.002(44), in accordance with the specific regulations, restrictions and limitations set forth herein.

(B)

License required. Each home/business occupational use shall be required to secure an occupational license from the City prior to the institution of any proposed business use in any residential district of the City.

(C)

Application, payment and approval. Any person who is desirous of securing a home/business occupational license from the City shall be required to complete an application provided by the City Building Department, pay the appropriate fee established for said license and secure the approval of the City for the issuance of the required license.

(D)

Use regulations, restrictions and limitations. All home/business occupational uses, as defined in Code § 150-002(44), shall be required to conform and comply with the following regulations, restrictions and limitations.

(1)

No business signs or other business displays may be maintained at the licensed premises.

(2)

The licensed premises shall not be used for warehousing or storage of merchandise, goods or products.

(3)

There shall be no deliveries of any merchandise, goods or products to the licensed premises, except for normal and customary deliveries received at residential properties in the neighborhood from companies such as Federal Express, United Postal Service, overnight express mail or other similar carriers.

(4)

All services related to the home/business occupation shall be conducted from within the licensed residential dwelling unit and any outdoor usage for storage, display, or the performance of any business related activity is strictly prohibited.

(5)

The operation of the home/business use shall not create any type of neighborhood nuisance condition, including, but not limited to, improper parking, excessive noise, or any vehicular traffic that interferes or disrupts the normal usage of the streets in adjacent neighborhoods.

(E)

Authorization for inspection. As a specific condition of the granting of a home/business occupational license, the licensee acknowledges and agrees that the City may conduct semi-annual inspections of the licensed premises to verify that the premises are being used in conformity with the provisions of this ordinance.

(F)

Violation and penalty. Any violation of the provisions of this ordinance by the licensee shall permit the City to invoke and utilize all remedial and penalty license provisions, including, but not limited to, suspension, revocation and refusal to re-issue, contained in the Code of Ordinances for the control and enforcement of the continued use and issuance of occupational licenses in the City.

(G)

License fee. The annual fee for each home/business occupational license shall be determined by the type of business being operated and the fee established by the schedule set forth for the corresponding business category contained in Code of Ordinance § 113.04. The City reserves the right to change the amount of the annual home/business occupational license fee by ordinance amendment, resolution, or by the inclusion, by appropriate ordinance, of additional home/business occupational license categories in Code of Ordinance § 113.04.

(H)

Business occupation use. The business use of residential properties provided in the foregoing provisions is hereby expanded to permit a Business Occupation Use that is in compliance with the provisions of this section, except as provided below:

(1)

To be eligible for a Business Occupation Use, any property line of the subject property must directly adjoin a substantial portion of a property line of a property in a commercial district of the City.

(2)

The operator of the business would not need to reside in the dwelling unit.

(3)

One double-faced business wall sign of six square feet may be attached to the residential structure and one double-faced business monument sign of six square feet may be located in the front yard set-back area of the subject property.

(4)

There may only be incidental and limited storage of supplies, goods or products in the premises.

(5)

Business parking is permitted to the same extent that parking for the residential use is allowed.

(Ord. 894-03, passed 3-10-03; amend. Ord. 1017-2011, passed 5-9-11)

(A)

Intent. It is the intent of this section to provide limited and qualified circumstances in which existing and developed residential homesites may be permitted to encroach into their existing front yard setbacks for the specific purpose of constructing attached additions to existing residential structures.

(B)

Requirements for applicability. This section will only be applicable to existing and developed residential homesites that meet all of the following requirements:

(1)

The homesite parcel is legally nonconforming because it lacks the required minimum average width of 75 feet.

(2)

The location or footprint of the existing homesite on the subject parcel of property prohibits or significantly restricts the construction of attached additions to the structure in the rear yard area of the homesite.

(3)

The existing and established front yard setback of the homesite parcel exceeds 45 feet.

(4)

The existing residential structure is the original structure constructed on the property.

(5)

The original construction of the residential structure on the property was prior to the Comprehensive Zoning Code Ordinance Revision of 1977.

(C)

Limitations on applicability. The exception provided by this section may only be utilized for the following limited circumstances:

(1)

The construction of an attached addition to the front of any existing residential structure that meets the requirements of subsection (B) of this section.

(2)

The proposed addition and homesite only require the exception provided by this section for the requested construction and all other setbacks on the property, whether or not currently in compliance with the Code, will not be further extended or enlarged as a consequence and requirement of the construction of the proposed addition.

(3)

The homesite, by the usage, utilization and implementation of the exception provided by this section, will be prohibited from seeking variance relief in the future for any proposed rear yard project or usage that is not in strict compliance with the Code of Ordinances.

(D)

Front yard setback exception. Any homesite, and the existing residential structure thereon, which meets the requirements for applicability set forth in subsection (B) herein, and the limitations on applicability set forth in subsection (C) herein, shall be permitted to construct an approved attached addition to the existing structure in the existing and established front yard setback of the homesite so long as such construction is otherwise in compliance with the requirements of the Code of Ordinances and establishes a new front yard setback of no less than 30 feet.

(E)

Exception limitations. The usage, utilization and implementation of the exception provided by this section shall impose the following limitations:

(1)

The provisions contained in this section are to be strictly construed and are specifically not subject to variance.

(2)

Any property owner who utilizes the provisions of this exception section and any property owner adjacent to any homesite property that utilizes the provisions of this exception section shall not be permitted to consider the vertical line of the new addition as the new front yard setback of the subject property for the interpretation or implementation of any other Code of Ordinance provisions.

(Ord. 919-04, passed 12-13-04)