This chapter shall be known as the Comprehensive Zoning Ordinance of the City of North Lauderdale.

(Ord. No. 83-2-497, art. 1, § 3, 2-24-83)

For the purpose of general interpretation, the words "used" or "occupied" shall include "arranged," "designed," "constructed," "altered," "converted," "rented" or "leased." The word "land" shall include water surface and the land under water. The word "lot" shall include the words "plot," "site," "tract" and "parcel" and the words "area" and "district" may indicate and include the word "zone." The terms used in this chapter shall be liberally interpreted in such a way as to require a reasonable application of such term to the circumstance in order to effectuate the public purposes contemplated herein. If definitions contained under particular regulations are inconsistent with or more specific than those set forth in this section, such specific or particular definitions shall prevail.

(Ord. No. 83-2-497, art. 2, § 1, 2-24-83)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building or structure means a subordinate building or structure on the same plot with, or a part of, the principle or main building, which is occupied by or devoted to an accessory use. Screen enclosures with a solid roof; utility or storage sheds; satellite dishes, carports, garages, cabanas, gazebos, and any similar type building or structure shall be considered an accessory structure. Playhouses and structures to shelter household pets shall not be deemed a structure unless they exceed five feet in height and/or contain a volume in excess of 125 cubic feet or more, e.g. five feet high by five feet wide by five feet deep equals 125 cubic feet. However, in no circumstance shall a playhouse or structure to house household pets be permitted to be placed in any portion of the required front yard or side yard areas adjacent to the principle structure. No more than two playhouses or structures to shelter household pets, or any combination thereof, may be constructed on any lot containing 8,000 square feet or less. For those lots greater than 8,000 square feet one additional playhouse or structure to house household pets may be built for each additional 4,000 square feet or portion thereof, over 8,000 square feet. See Figures 2.1 and 2.2 for further clarification on setback requirements.

Accessory use means a use naturally and customarily incidental to, subordinate to, and subservient to the main use of the premises.

Adult means a person who has attained the age of at least 18 years.

Adult book store means an establishment or business having as a predominant part of its stock in trade, books, magazines and other periodicals, photographs, paintings, prints, lithographs, serigraphs, pictures, and sale or rental of video tapes which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas and which business or establishment directs its sale of such sexual materials to adults; provided, however, the aforedescribed books, magazines and other periodicals, photographs, paintings, prints, lithographs, serigraphs and pictures shall not include such materials when they are intended for sale or distribution to practitioners of medical science, psychology or institutions, schools, colleges and universities whose curriculum include theories of medicine, psychology or a combination thereof.

Adult enterprise means any business or enterprise conducted as an adult book store, adult motion picture theater, adult reading room, or which promotes or commercially panders to an interest in sexual activities.

Adult motion picture theater means an enclosed building or an unenclosed cinema with a capacity of two or more persons open to the general public, irrespective of private membership or qualifications relating thereto, used predominantly for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by the patrons therein.

Adult reading room means an establishment or business which provides the services to an individual or to a group of persons who intend to read material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas.

Alter means any act of or action changing the size, shape, character, occupancy or use of a building, structure, accessory building or structure.

Apartment means a dwelling unit in a multiple dwelling, consisting of one or more habitable rooms, together with kitchen or kitchenette and sanitary facilities.

Artist body-painting studio means an establishment or business which provides the services, models, materials and tools in connection with the application of paint or other substances, whether transparent or nontransparent, to or on the human body when such body is clothed in such a way as to reveal the genitalia or, in the case of a female, a breast or breasts.

Banquet hall (hall for hire) means a facility or assembly hall per section 106-468 available for lease for private events to accommodate private functions and is not open to the general public. The banquet hall may or may not include kitchen facilities for the preparation of food. Private functions can include, but are not limited to meetings, parties, banquets, weddings, anniversaries which do not have a cover charge, door charge, required contribution, or one-time membership fee which is paid at the door. Banquet halls shall not promote events through any commonly recognized media directed to the general public. It does not allow for advertised events open to the public or recurring weekly or monthly events except wherein a non for profit solely is the benefactor and organizer of the event.

Bar, lounge, or saloon 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 for consumption, on the premises.

Bathhouse means an establishment or business which provides the services of baths of all kinds including all forms and methods of hydrotherapy, unless the same is operated by a medical practitioner or professional physical therapist licensed by the state.

Bedroom means, for the purpose of determining the required plot area, an unsubdivided portion of the interior of a dwelling, intended for sleeping purposes.

Bingo means the operation and conduction of bingo games in accordance with the applicable zoning and regulatory provisions of the city, county and state, as they pertain to the operation of bingo games.

Bingo parlor means any building or structure used for the purposes of conducting bingo games. Such operations shall be in accordance with the zoning provisions of the city as they pertain to the operation of bingo activities.

Board means the planning and zoning board of the city.

Building means any structure, either temporary or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind.

Building area means the portion of a plot of land that is defined by that area inward from the front, side and rear yard setback requirements as prescribed in the respective zoning districts within this chapter. The front, side, and rear yard setback lines shall be generally parallel to the plot lines and located by measuring the prescribed distance, as depicted for the respective zoning district, perpendicular to the plot lines. See Figures 2.1. and 2.2. for an illustration of same.

Building area; front, side, and rear. See Building area.

Building, completely enclosed, means a building separated on all sides from adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

Carport means a private garage not completely enclosed by walls and doors.

Change of occupancy means a discontinuance of an existing use and the substitution therefor of a use of a different kind or class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.

Charitable organization. Any entity determined by the Federal Internal Revenue Service to be a tax-exempt organization pursuant to Section 501 (c)(3) which is established for any benevolent, philanthropic, humane, social welfare, public health, or other eleemosynary purpose, or for the benefit of law enforcement personnel, firefighters or other persons who protect the public safety.

Club, night mean any place of business operating after 11:00 p.m. and where food, alcoholic beverages, and refreshments are served and sold to the public in connection with dancing, theatrical, live or recorded music or similar entertainment; and where, in addition to the space occupied by chairs and tables for service of meals, there shall be provided a floor space of at least 400 square feet, suitably prepared for dancing, and a band, orchestra or other form of music and musical entertainment is provided, as more specifically defined and regulated by chapter 86.

Club, private, pertains to and includes those associations and organizations of a fraternal or social character, not operated or maintained for profit. The term "private club" does not include casinos, nightclubs, restaurants, other institutions operated as a business.

Commercial vehicles means any vehicle or trailer designed, intended or used for transportation of people, goods or things primarily for commercial purposes, including, but not limited to buses, tractor-trailers, tow trucks, flatbed trucks, box trucks, limousines, hearses, ambulances, ice cream trucks, any vehicle or trailer which contains visible external commercial lettering or business logo, and any vehicle with visible external commercial equipment, other than private passenger vehicles and trailers for private nonprofit transport of goods and boats.

Congregate care facility means an accommodation or facility where shelter and food are provided to individuals or married couples who are ambulatory and not in need of continuing nursing or personal care and who occupy separate apartments or rooms. These facilities may be offered on a short-term or long-term rental or lease agreement or on a life care basis as defined by law.

Convalescent home means a building or portion thereof, wherein for compensation, living accommodations and care are provided for persons suffering from illness, other than mental or contagious disease which is not of sufficient severity to require hospitalization, or for persons requiring further institutional care after being discharged from a hospital, other than a mental hospital.

Density, gross means the number of dwelling units permitted or to be developed, divided by the number of acres within the total area including the area used or proposed to be used for roads, waterways, and accessory structures and uses.

Development review committee means that review committee created through the adoption of the comprehensive land development code, as amended, which was established to conduct technical reviews to insure code compliance for any proposed development.

District means a portion of the city within which certain uniform regulations and requirements of various combinations thereof apply to the improvement or use made or to be made of the land under the provisions of this chapter.

Donation clothing bin. A receptacle or container made of metal, or other fire-resistant material designed or intended for the collection and temporary storage of donated clothing only.

Donation bin. A receptacle or container material designed or intended for the collection and temporary storage items other than clothing.

Driveway for single-family residential. A privately owned parcel of land where backing out is allowed with access to a public or private street used for vehicular travel to and from private land by the owner and those having express or implied permission from the owner.

Dwelling means any building, or part thereof, occupied in whole or in part as the residence or living quarters of one or more persons, permanently or temporarily, continuously or transiently.

Dwelling, multiple, means a dwelling containing three or more dwelling units, other than a townhouse, rowhouse, villa or quadruplex.

Dwelling, single-family, means a dwelling containing one dwelling unit.

Dwelling, townhouse, rowhouse or villa means one of a series of single-family residences in a row connected to each other by party walls and forming a continuous group constructed with the intention that each house shall be independently owned or occupied with separate utility connections.

Dwelling, two-family, means a dwelling containing two dwelling units.

Dwelling unit, means a house, apartment, condominium unit, trailer, group of rooms or single room intended for occupancy as a separate living quarter with direct access from the outside of the building or through a common hall and with complete kitchen and bathroom facilities for the exclusive use of the occupants.

Efficiency apartment, means an apartment of not more than one habitable room, with kitchen and bathroom facilities.

Emergency vehicle means any vehicle of a fire department or police department, ambulances and emergency medical vehicles of a municipal department, public service department owned by a private corporation, and the Florida Department of Transportation as are designated or authorized by the police or fire department of a municipality or county, and vehicles of the Florida Highway Patrol.

Encroachment means any protrusion of a vehicle outside of a park space, display area or accessway into a landscape area. Wheel stops shall be placed at least 18 inches from the edge of such landscaped area. Encroachment also means any unauthorized infringement or intrusion of a primary or accessory building or structure, satellite dish, or appurtenances thereto, into the required yards as set forth in this chapter, unless exempted elsewhere in this chapter.

Family means one person or a group of two or more persons living together and interrelated by bonds of consanguinity, marriage or legal adoption, occupying the whole or part of a dwelling as a separate housekeeping unit with a single set of culinary facilities. The persons thus constituting a family may also include gratuitous guests and domestic servants.

Floor area, where a specified minimum floor area is required for a dwelling, means the total gross area within the external perimeter of the exterior enclosing walls, including Florida rooms, sunrooms, and utility rooms which are fully enclosed and directly accessible from the interior of the dwelling, but excluding other utility rooms, unenclosed porches, terraces or breezeways, and carports or garages unless otherwise provided in this chapter.

Future right-of-way line means the base building line as prescribed in this chapter or the future right-of-way line of any street already established by partial or complete dedication or the line of trafficway designated by ordinances and the regulations of the city or the then prevailing county trafficways plan. The term shall include "road right-of-way."

Garage, community, means a building or part thereof, used for indoor parking of a self-propelled private passenger vehicle, for use of residents in the vicinity and providing only incidental services for such vehicles as are parked therein.

Garage, private, means an accessory structure designed or used for inside parking of self-propelled private passenger vehicles by the occupants of the main building.

Grade, established, means the horizontal plane established by the crown of the improved public roadway to which the building or structure is addressed.

Grade, finished, means the horizontal plane of a lawn or grassy area that provides firm or solid footing when stepped upon. The finished grade shall be used as the base of measurement when determining the height of an accessory structure, fence, wall or hedge.

Hazardous substances means any substance or material which, by reason of its toxic, caustic, corrosive, abrasive, volatile or otherwise injurious properties, may be detrimental or deleterious to the health or safety of any person handling or using or otherwise dealing with such material or substances.

Health spa means any business or enterprise that provides a variety of health related products and services, such as state-licensed massage therapy, saunas, steam baths, state-licensed beautician or cosmetology services, weight reduction or physical fitness instruction.

Height of building means the vertical distance from the established grade of the crown of the roadway to the highest point of the roof surface for all types and styles of roofs. Height shall exclude chimneys, cupolas, elevator shafts, stair towers, and the like.

Hotel means a building or part thereof in which sleeping accommodations are offered to the public on a basis primarily transient in nature, for use by the occupants and in which access to the sleeping room is through an inside lobby or office.

Hotel bar shall be defined as set forth in section 86-56.

Irrigation/sprinkler system means a system of piping and sprinkler heads, its use being to convey water to all landscaped areas. If untreated well water is used the sprinkler heads shall be placed to direct the spray pattern away from any structure or hard surface area to avoid the potential for mineral discoloration.

Kennel means any place or premises where four or more dogs over four months of age are kept.

Land means the earth, water and air above, below or on the surface, including improvements or structures located on or in and customarily regarded as land.

Land platted means any land subject to a recorded plat in the Broward, Dade or Palm Beach County circuit court clerk's office.

Land use means any development that has occurred on the land; the development that may be proposed on the land, or the use that is permitted or permissible on the land under the county land use plan, a certified municipal or local land use plan, comprehensive zoning code, and the land development regulations, as the context may indicate.

Landscaping consists of any of the following or combination thereof: Material such as but not limited to grass, ground covers, shrubs, vines, hedges, trees and palms; and other material such as rocks, pebbles, sand, woodchips, walls or fences or curbing, but excluding paving.

Livestock means farm animals kept or raised for edible consumption, use, pleasure or profit.

Lot is either:

(1)

A lot of record, as part of a land subdivision plot recorded in the official records of the county; or

(2)

A defined portion of a plot which is intended to be owned separate and distinct from other portions of the same plot.

Lot, corner, means a lot of which at least two adjacent sides abut for their full length upon a street provided that two such sides intersect at an interior angle of not more than 135 degrees. Where a lot is on a curve, if tangents through the intersections of the lot lines with the street lines make an interior angle of not more than 135 degrees, such a lot is a corner lot. In the case of a corner lot with a curved street line, the corner shall be considered to be that point in the street line nearest to the point of intersection of the tangents herein described.

Lot coverage means that percentage of the lot area covered or occupied by buildings or roofed portions of structures. Unless otherwise specifically set forth, shuffleboard courts, swimming pools, barbecue pits, terraces and other appurtenances not roofed over shall not be included when computing coverage.

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

Lot line, front, means the line dividing a lot from a street right-of-way. On a corner lot, the shorter of the two front lot lines shall be considered to be the front lot line for the purposes of determining required lot width and required front yard depth. On a corner lot where both front lot lines are equal or within five feet of the same length, both such lines shall be considered to be front lot lines for the purpose of determining required street yard depth. On through lots, both front lot lines shall be considered to be front lot lines for the purpose of determining required yards.

Lot line, rear, means the lot lines opposite and most distant from the front lot line. In the case of a triangular or gore-shaped lot, wherein the two side lot lines converge in the rear, the rear lot line considered to be a line ten feet in length within the plot parallel to and at the maximum distance from the front lot line.

Lot line, side, means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.

Lot width means the horizontal distance between the side lot lines at the depth of the required front yard.

Message establishment means an establishment or business licensed by the State of Florida pursuant to F.S. ch. 480, as amended from time to time.

Massage parlor means an establishment or business which provides the services of message body manipulation, including exercise, heat and light treatments of the body, and all forms and methods of physiotherapy, except for state licensed massage establishments.

Medical marijuana treatment center dispensing facilities means any dispensing facility, as defined by Fla. Admin. Code r. 64-4.001, as amended, with all applicable regulations, or any other similar facility or operation, of an approved medical marijuana treatment center authorized to operate in Florida under Art. X, § 29 of the Florida Constitution, F.S., § 381.986, as amended.

Motel means a building or part thereof in which sleeping and/or living accommodations are offered to the public primarily on a short-term or transient basis, with access to the individual units from the exterior of the building and parking facilities for use of guests near their quarters.

Nonconforming structures means a structure or portion thereof, existing on February 24, 1983 or on the effective date of any amendment to this chapter, which was occupied, designed, erected, intended, or structurally altered for a use not permitted at its location by the provisions of this chapter for a new use and/or which does not conform to all of the regulations applicable to the district in which it is located.

Nightclub. See definition of club, night.

Nonconforming use means the use of the land or a structure or premises, existing on February 24, 1983 or on the effective date of any amendment to this chapter, for any purpose not permitted for a new use in the district in which the land is located.

Nursery school means a place for the day care and instruction of children not remaining overnight.

Nursing home means a home for aged, chronically ill, or incurably ill persons in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Off-street parking means any vehicular parking area located on private property.

Operable condition. A vehicle shall be presumed to be in an "operable condition" if it starts and moves on its own power. A vehicle with visible indications that it is not operable, such as but not limited to missing or flat tires, broken glass, extensive rust and/or body damage, shall be presumed to not be in an operable condition.

Package store means a place where alcoholic beverages are dispensed or sold in containers for consumption off the premises, other than grocery and convenience stores.

Parking means the temporary, transient storage of vehicles used for transportation while their operators are engaged in other activities. It shall not include storage of new or used cars for sale, service, rental, or any other purpose other than specified above.

Passenger vehicle means any vehicle designed, used or maintained primarily to transport private passengers. Private passenger vans and private passenger pick-up trucks without commercial signage which do not exceed 8,000 pounds net empty weight are included. This definition does not include commercial vehicles or recreational vehicles, as defined herein.

Pets, household, means common domesticated animals such as dogs, cats, birds other than birds of prey, mice, hamsters, fish, rabbits, etc., that are kept or may be kept within the home.

Plat means a map or delineated representation of a tract or parcel of land showing the designation of such land as lots, blocks, parcels, tracts or other portions thereof, however the same may be designated and which, if approved, will be submitted for recording in the plat book of the public records of the county.

Plot means land occupied or to be occupied by a building or use and its accessory buildings and accessory uses, together with such yards and open spaces as are required by this chapter, and under unified control are identifiable as a single development for the purpose of master planning or site planning.

Plot, corner, means a plot of which at least two adjacent sides abut for their full length upon a street provided that such two sides intersect at an interior angle of not more than 135 degrees. Where a plot is on a curve, if tangents through the intersections of the lot lines with the street lines make an interior angle of not more than 135 degrees, such a plot is a corner plot. In the case of a corner plot with a curved street line, the corner shall be considered to be that point in the street line nearest to the point of intersection of the tangents herein described.

Plot coverage means that percentage of the plot area covered or occupied by buildings or roofed portions of structures. Unless otherwise specifically set forth, shuffleboard courts, swimming pools, barbecue pits, terraces and other appurtenances not roofed over shall not be included when computing coverage.

Plot depth means the mean horizontal distance between the front and rear plot lines.

Plot line, front, means the line dividing a plot from a street right-of-way. On a corner plot the shorter of the two front plot lines shall be considered to be the front plot line for the purposes of determining required plot width and required front yard depth. On a corner plot where both front plot lines are equal or within five feet of the same length, both such lines shall be considered to be front plot lines for the purpose of determining required street yard depth. On through lots, both front plot lines shall be considered to be front plot lines for the purpose of determining required yards.

Plot line, rear, means the plot lines opposite and most distant from the front plot line. In the case of a triangular or gore-shaped lot, where the two side plot lines converge in the rear, the rear plot line shall be considered to be a line ten feet in length within the plot parallel to and at the maximum distance from the front plot line.

Plot line, side, means any plot line other than a front or rear plot line. A side plot line separating a plot from a street is called a side street plot line. A side plot line separating a plot from another plot or plots is called an interior side plot line.

Plot width means the horizontal distance between the side plot lines at the depth of the required front yard.

Porch means a roofed-over space attached to the outside of an exterior wall of a building, which has no enclosure other than the exterior walls of such building. Open mesh screening shall not be considered an enclosure.

Quadruplexes means four single-family dwelling units in one building other than townhouses.

Recreational vehicles means one of the following:

(1)

Camping trailer means a vehicular portable structure mounted on wheels, constructed with collapsible partial side walls of fabric, plastic or other material for folding compactly while being drawn by another vehicle, and when unfolded at the site or location providing temporary living quarters; and the primary design of which is for recreation, camping or travel use.

(2)

Truck camper means a portable structure designed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters for recreation, camping or travel use.

(3)

Motor home means a structure built on and made an integral part of a self-propelled motor vehicle chassis primarily designed to provide temporary living quarters for recreation, camping, or travel use.

(4)

Travel trailer means a vehicular portable structure built on a chassis, designed to be pulled by a standard passenger automobile and to be used as a temporary dwelling for recreation or travel purposes. The vehicle shall be equipped with tanks for storage of water and for holding of sewage, and shall have an interior lighting system operable from a source of power within the vehicle.

(5)

Special-purpose vehicle means a vehicle especially designed for unusual terrain and conditions and not usually licensed for or used on the public road, such as swamp buggies, stock cars, and the like.

(6)

Any other vehicle not specifically defined or listed herein and primarily used for pleasure and not transportation, such as but not limited to jetskis and waverunners, and three-wheel all-terrain vehicles.

Remodeling, redecorating or refinishing means any change, removal, replacement or addition to walls, floors, ceilings, floor, loadbearing partition, columns, exterior walls, stairways, roofs or other structural elements of a building or a structure.

Required parking facilities means off-street parking spaces required in accordance with article VI of this Code, or the legally applicable code for existing structures, for the use of occupants, owners, employees, visitors or patrons utilizing the building, structure or use served by said parking spaces.

Required yard means that area delineated by and lying between the plot line and the required front, side, and rear setback line as established in the respective zoning districts of this chapter.

Residential property means any property zoned RS-5, RM-10, RM-16 or PUD which is vacant or developed for residential use.

Residentially zoned property means any property with a zoning classification of RS-5, RM-10, RM-16 or PUD.

Restaurant means an establishment where food and beverages are ordered from a menu, prepared, and served for pay, for consumption on the premises in a completely enclosed room, under the roof of the main structure, or in an interior or exterior court, including a cafeteria.

Restaurant bar means a bar operated in connection with a restaurant and by the same owner or management, and in a business-zoned area, which restaurant has all necessary equipment and supplies for and serves full course meals regularly, and where the principal business is the serving of meals, and which has accommodations at all times for service of 200 or more patrons at tables, and which occupies more than 4,000 square feet of space inside a permanent building. A restaurant bar must be directly connected with such dining accommodations and must be only a service bar for patrons of such restaurant. Stools shall be permitted at such bar and alcoholic beverages must be sold by the drink only from such bar. No package goods shall be sold from such bar, nor shall a package store be permitted upon the premises. More than one dispensing bar may be permitted to be operated at such location in connection with such dining room. The sale of alcoholic beverages shall be prohibited except during the time the restaurant is actually engaged in and open to the public for the serving of full course meals.

Restaurant, fast-food, means an establishment where food and beverages are primarily served in disposable paper or plastic containers at a take-out counter or window, whether or not there are seating facilities available on the premises.

Roofline means that component of the roof system which is the highest ridge or highest continuous and generally horizontal line above the finished grade.

Room, for the purpose of determining the required plot area, means an unsubdivided portion of the interior of a dwelling, having a floor area of 80 square feet or more, intended or adopted for living and/or sleeping purposes. Space in a dwelling used only for bathroom, kitchen, dining area, storage, hallway, utilities or similar purposes shall not be included as a room under this definition.

Secondary use means the use of less than 15 percent of the gross square footage of the floor area of the establishment, and a use which is permitted only in connection with the principal use.

Self-service electronics trade-in kiosk. An unmanned kiosk used for the trade of consumer electronics.

Service station means any building or land used for retail sale and dispensing of automobile fuels or oils, and which may furnish supplies, equipment and minor repair services, including used tires, to private passenger vehicles incidental to sale and dispensing of automobile fuels and oils.

Setback, front yard, means the distance as delineated for the respective zoning district and as measured perpendicularly from the street right-of-way line or front property line inward on the property. The purpose of setbacks are to define and delineate the area of a plot of land on which a principle or accessory structure or structures may be constructed, altered, expanded or enlarged. The specific distance for the front, side and rear yard setbacks are established in the respective zoning districts.

Setback, rear yard, means the distance as delineated for the respective zoning district and as measured perpendicularly from the rear property line inward on the property. The purpose of setbacks are to define and delineate the area of a plot of land on which a principle or accessory structure or structures may be constructed, altered, expanded or enlarged. The specific distance for the front, side and rear yard setbacks are established in the respective zoning districts.

Setback, side yard, means the distance as delineated for the respective zoning district and as measured perpendicularly from the side property line inward on the property. The purpose of setbacks are to define and delineate the area of a plot of land on which a principle or accessory structure or structures may be constructed, altered, expanded or enlarged. The specific distance for the front, side and rear yard setbacks are established in the respective zoning districts.

Shopping center means five or more commercial establishments, planned, developed, owned and managed as an integral unit, with off-street parking provided on the property, and related in its location, size and type of shops to the trade area which the unit serves.

Figure 2.1.
Setbacks: Plan View

Figure 2.2.
Setbacks; Isometric View

Sign means any structure and all parts composing the same, together with the frame, background or support therefor, which are used for advertising, for display purposes or any statuary, sculpture, molding or casting used for advertising or display purposes, or any flags, bunting or material used for display or advertising purposes, or for the purpose of bringing the subject matter thereof to the attention of another.

Specified anatomical area means:

(1)

Less than completely or opaquely covered:

a.

Human genitals, pubic regions;

b.

Buttocks; and

c.

Female breast area below to a point immediately above the top of the areola.

(2)

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

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation or arousal.

(2)

Acts of human masturbation, sexual intercourse or sodomy.

(3)

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

Small Item Donation bin. A receptacle or container designed or intended for the collection and temporary storage of small items other than clothing.

Storage means the continuous parking of a vehicle upon a premises without said vehicle being roadworthy or properly licensed for travel upon the public highways of this state.

Street means a public thoroughfare which affords principal means of access to abutting property, including the distance between the applicable right-of-way lines.

Structure means anything constructed or erected which requires location on the ground or attached to something having location on the ground.

Supplemental parking means off-street parking spaces provided in excess of those required by the applicable code.

Swale means areas between finished paved right-of-way and property lines including the sidewalk.

Treehouses means a structure that is constructed within or supported by one or more trees, shrubs or bushes and is intended for play or entertainment purposes. Such structures shall be prohibited within the city.

Trees means a self-supporting woody perennial plant which at maturity attains a trunk diameter of four inches or more when measured at a point 4½ feet above ground level and which normally attains an overall height of at least 14 feet, usually with one main stem or trunk and many branches.

Trellis means a structure utilizing wooden or similarly appearing components approximately one-quarter inch thick by approximately one to two inches in width and usually constructed in a crisscross fashion and used primarily as a decorative structure to support the growth of plant material of a vining nature. Such a structure can also be used as a means to diffuse sunlight when constructed horizontally with vertically supporting members. Any trellis type structure with a horizontal plane section over six feet in height with vertical support members shall only be permitted in the rear yard building area unless exempted elsewhere in this chapter.

Use means the purpose for which land or a structure thereon is designed, arranged, occupied or utilized. The term "use" includes the use of water surfaces and land under water to the extent covered by zoning districts.

Variance means a deviation from the applicable developmental regulation which is authorized and approved by the governing body after it finds that the literal application of the provisions of the regulation would cause unnecessary hardship or practical difficulty in the use or development of a specific plot or building, because of the size, shape and/or location of the land or structure.

Vehicle or motor vehicle means all motor vehicles as defined in Section 320.01(1), Florida Statutes, as well as boats.

Waterway means a canal, ditch, pond, lake or other depression in the earth created for the convenience or storage of natural, pumped or excess stormwater runoff.

Yard means a space on the same plot with a structure or use, open and unobstructed from the ground to the sky except by encroachments specifically permitted in this chapter. Yard measurements shall be the minimum horizontal distances. Yards shall extend and be measured inward from the respective plot lines.

Yard, front, means a yard existing across the full width of the plot between the front plot line and the nearest line of the main use or main building on the plot.

Yard, rear, means a yard extending across the full width of the plot between the rear plot line and the nearest line of the main building.

Yard, required, means the minimum yard required by the zoning regulations. Any yard space supplied in excess of the minimum amount specified shall not be deemed to be a required yard.

Yard, side, means a yard extending from the front yard to the rear yard, between the side plot line and the nearest line of any building or use on the plot. The width of a side yard shall be the shortest distance between the side plot line and the nearest use or building on the plot.

Yard, street, means a yard, contiguous to a street, including the rights-of-way thereof.

(Ord. No. 83-2-497, art. 2, § 2, 2-24-83; Ord. No. 91-11-800, § 3(Exh. A), 11-14-91; Ord. No. 00-4-994, § 8, 4-25-00; Ord. No. 02-01-1048, § 2, 1-28-02; Ord. No. 07-02-1181, § 2, 2-13-07; Ord. No. 14-10-1301, § 1, 10-28-14; Ord. No. 16-01-1324, § 1, 1-12-16; Ord. No. 16-07-1337, § 2(Exh. A), 7-12-16; Ord. No. 17-04-1351, § 2(Exh. A), 4-25-17; Ord. No. 18-09-1380, § 2, 9-27-18; Ord. No. 18-09-1381, § 2, 9-27-18; Ord. No. 23-05-1465, § 2, 5-9-23)

Cross reference— Definitions generally, § 1-2.

This chapter is for the purpose of promoting public health, safety, morals, convenience, comfort, amenities, prosperity, and general welfare of the community and for the purpose of promoting a wholesome, serviceable and aesthetically pleasing municipality by having zoning and general land use regulations and restrictions that increase the safety and security of home life; that preserve and create a more favorable environment in which to rear children; that develop permanent good citizenship; that stabilize and enhance property and civic values, that provide for a uniform and just land use pattern and tax assessment basis; that facilitate adequate provisions for traffic safety and transportation, vehicular parking, parks, parkways, recreation, schools, public buildings, housing, light, air, water supply, sewerage, sanitation and other public requirements; that lessen congestion, disorder and blight which often inhere in unregulated development; that prevent overcrowding of land and undue concentration of population; and that provide reasonable and serviceable means and methods of protecting and safeguarding the economic structure upon which the good of all depends.

(Ord. No. 83-2-497, art. 1, § 1, 2-24-83)

This chapter shall apply to all of the land, improvements, structures and uses located or conducted in the city.

(Ord. No. 83-2-497, art. 1, § 3, 2-24-83)

Wherever any provision of this chapter imposes more stringent requirements, restrictions or limitations than are imposed or required by the provisions of any other law or resolution, then the provisions of this chapter shall govern.

(Ord. No. 83-2-497, art. 4, § 1, 2-24-83)

No building or structure, or part thereof, shall be erected, constructed, reconstructed, altered or maintained, and no existing use, new use or change of use of any building, structure or land, or part thereof, shall be made or continued, except in conformity with the provisions of this chapter.

(Ord. No. 83-2-497, art. 4, § 2, 2-24-83)