This chapter may be known and cited as the zoning code or the zoning ordinance.

(Code 1961, § 22-1; Code 1985, § 7-601)

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

Abutting and adjoining mean having property or district lines in common.

Access control plan means a comprehensive drawing showing the roadway access design plan, including existing and future access locations and all roadway access design elements, including traffic signals, acceleration and deceleration lanes, and any off-site road improvements.

Access improvements mean, without limitation, all driveways, connection points, paved areas (excluding areas devoted to parking), sidewalks, and other improvements constructed for use as a means of vehicular or pedestrian access on the property.

Access point means a point at which a curb cut, driveway or interior road intersects with a roadway segment.

Accessory building or structure means a subordinate building or structure on the same lot with or a part of the main building, which is occupied by or devoted to an accessory use.

Accessory use means a use naturally subordinate and subservient to the principal use or structure. A private swimming pool in connection with any residential use and designed for the primary use of the residential occupants shall be considered an accessory use. Accessory use shall also mean those uses defined in the O-1 and OP districts.

Activity center means coordination of land uses in areas with the appropriate infrastructure to support development or redevelopment.

Actual construction includes the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing structure has been substantially begun preparatory to new construction, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until the completion of the new construction involved. Excavations, fill, drainage and the like shall be considered a part of construction.

Adult booth means a separate enclosure inside an adult use establishment, accessible to any person, regardless of whether a fee is charged for access. The term "adult booth" includes but is not limited to, a peep show booth, adult arcade booth or other booth used to view adult material. The term "adult booth" does not include a foyer through which any person can enter or exit the establishment, or a restroom.

Adult material means any one or more of the following, regardless of whether it is new or used:

(1)

Books, magazines, periodicals or other printed matter, paintings, drawings, or other publications or graphic media or photographs, films, motion pictures, videocassettes, or disks, slides or other visual representations, or recordings, or other audio matter, which have as their primary or dominant theme matter depicting, illustrating, describing or relating to a specified sexual activity or specified anatomical area; or

(2)

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

Alleys means minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

Apartment house means the same as "multiple dwelling."

Arterial road means a roadway providing service which is relatively continuous and of relatively high traffic volume, long trip length, and high operating speed. Every U.S. numbered highway is considered an arterial road.

Balloon means an airtight bag filled with air, helium, hydrogen or any other gas lighter than air which is tethered to the ground or any other stationary object for the primary purpose of attracting attention to its site, whether or not the bag displays characters, ornamentation or letters.

Banner means any sign with characters, letters, illustrations or other ornamentation applied to or integrated in any cloth, paper, fabric, plastic or similar material that is not permanently attached to a solid backing wood, metal or masonry.

Blank panel means a sign or portion of a sign having no identifiable copy, letters, numbers, symbols, graphics, pictures or figures, or combination thereof; the blank panel of the sign must be constructed of or consist of the same, similar or like materials as being removed or replaced.

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. This definition shall include tents, awnings, cabanas or vehicles situated on private property and serving in any way the function of a building.

Building department means the city building, zoning and licensing department.

Building, front foot means each foot, or fraction thereof, measured along the main entry of a building. Where buildings form an "L" or "U," all main entry sides are measured.

Building official means the director of building, zoning and licensing for the city.

Caliper is a method of measuring tree trunk diameter accepted by the American Association of Nurserymen. Trunk diameter for trees up to four inches is to be measured six inches above the soil line. All trees over four inches in diameter will be measured 12 inches above the soil line.

Certificate of capacity means the document issued by the city indicating the quantities of the various required public facilities that are available and reserved for the property described in the certificate, including any limits on uses, densities and intensities of the approved development of the property, and containing an expiration date.

Change of occupancy means a discontinuance of an existing use and the substitution therefor of a use of a different kind. Change of occupancy shall include a change of tenants or proprietors.

Collector street means a street with a right-of-way width of normally 80 feet which, in addition to giving access to abutting properties, carries traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within a development.

Commercial vehicle means any vehicle designed, intended or used for transportation of people, goods or things for profit. Private passenger vehicles, mobile homes or trailers being used for private nonprofit transport of people, animals, goods or boats are not commercial vehicles.

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

Comprehensive plan means the Ocala Comprehensive Plan, adopted October 22, 1991, and subsequently amended.

Conceptual site plan, shopping center has the meaning assigned to it in subsection 122-908(3).

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

Coverage means that percentage of the lot area covered or occupied by buildings or roofed portions of structures.

Cul-de-sac means a minor street intersection with another street at one end and terminating at the other end in a vehicular turnaround.

Day labor means labor or employment that is occasional or irregular at which a person is employed for not longer than the time period required to complete the assignment for which the person is hired. Wage payments are made directly or indirectly by the day labor service establishment or the third party employer for work undertaken by day laborers pursuant to a contract between the day labor service establishment with the third party employer. "Day labor" does not include labor or employment of a professional or clerical nature.

Day laborer means a person who contracts for employment as an employee with a day labor service establishment.

Density means the number of dwelling units per acre.

Department means any law enforcement officer, departments or divisions of the city municipal government, including the respective director, employees, officers and agents thereof.

Developer means a person, or his agent, who undertakes the activities covered by this chapter, particularly the preparation and presentation of a subdivision plat showing the layout of the land and the improvements involved thereon. Inasmuch as the subdivision plat is merely a necessary means to the end of assuring a satisfactory development, the term "developer" includes the term "subdivider," even though the identity of persons involved in successive stages of a project may vary.

Developer's agreement means the agreement entered into between the developer and the city, defining in detail the responsibility of both parties and the conditions for acceptance and recording of the plat.

Developer's agreement (for a plat) means the agreement entered into between the developer and the city, pursuant to subsection 114-37(f), defining in detail the responsibility of both parties and the conditions for acceptance and recording of the plat.

Developer's agreement (for a shopping center or single retail store development) has the meaning assigned to it in section 122-910.

Donation boxes means any receptacle used for the collection of used clothing, shoes, books or small household items donated by the public for redistribution. A donation box shall not include a truck used to collect charitable items or any small box that is attached to a drive-thru window or building used to collect money for charities.

Dripline means the ground area surrounding the trunk of a tree that is described by the vertical plane enclosing the outermost branches of the tree. For asymmetrical specimens, or those with unusually small crown spread, the dripline area shall in no case be less than that area described by a radial dimension of one foot for each one inch of trunk radius.

Drought-tolerant vegetation means vegetation that, once established, will thrive in the local climate without additional irrigation other than normal rainfall.

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, with cooking facilities.

Dwelling unit means one room, or rooms connected together, physically separated from other structures or from any other rooms in the same structure, and containing independent cooking and sleeping facilities.

Easement means a right-of-way granted for limited use of private property for a public or quasipublic purpose.

Electronic plans (ePlans) means a web-based product (ProjectDox) that allows drawings and documents for building permits/plans, site plans and subdivision plans to be submitted electronically, replacing the traditional paper-based review method.

Embellishments means extensions of the major graphic area of a sign face for integral copy or design, the area of which extensions does not exceed ten percent of the area of the sign face. Additional panels for supplementary copy are not embellishments.

Engineer means an engineer licensed in the state and qualified to perform duties for a developer under the terms of the subdivision regulations (chapter 114).

Family means one person, or a group of two or more persons living together, occupying the whole or part of a dwelling unit as a single housekeeping unit, who are living together as a stable and long-term unit, being a traditional family or the functional equivalent thereof.

Flag means any cloth, paper, fabric, plastic or similar material, usually rectangular in shape, whether or not the material displays characters, ornamentation or letters, attached to any staff, cord, building or other structure, that hangs loosely or blows in the wind.

Floor area. See Gross floor area.

Floor area ratio is determined by dividing the gross floor area of all buildings on a lot by the area of that lot.

Frontage of a building means the side or wall of a building approximately parallel and nearest to a street.

Frontage road. See Service road, general meaning, and Marginal access street.

Gross floor area means the area within the exterior walls of a building.

Gross leasable area means the total floor area designed for tenants' exclusive use, including basements, mezzanines and upper floors. Gross leasable area does not include public or common areas such as public toilets, corridors, stairwells, elevators, machine and equipment rooms, lobbies or mall areas, either open or enclosed.

Ground cover means low-growing plants planted in such a manner as to form a continuous cover.

Guesthouse means a dwelling unit on the same plot as, but separate from and in addition to, the main residential building, intended for intermittent or transient occupancy by a gratuitous guest.

Half or partial street means a street, generally parallel and adjacent to the boundary line of a tract, having a lesser right-of-way width and improvement than required for a full width of the type involved.

Height of building means the vertical distance from the established grade at the center of the front of the building to the highest point of the roof surface for a flat roof, or the deck lines for a mansard roof, and the mean height level between eaves and ridge for gable, hip and gambrel roofs.

Height of sign, for on-site signs, means the distance between the top of a sign and the average grade elevation below it. For off-site signs, height of sign means the distance between the top of the sign, excluding embellishments, and the roadway centerline grade perpendicular to that point of the sign closest to the road right-of-way.

Hemp means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, that has a total delta-9-tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.

Home occupation has the definition assigned to it in article IX, division 4 of this chapter.

Hot tub means a type of spa.

Individual parcel of record means a parcel, tract or lot whose location and dimensions can be ascertained by reference to a recorded subdivision plat or to a recorded deed or other instrument of conveyance.

Infill development, general meaning means the development of new buildings on scattered vacant sites within a built-up area. Infill development may also refer to redevelopment in built-up areas that have vacant buildings.

Infill development, specific meaning as designated on Future Land Use Map #8 of the comprehensive plan.

In-line buildings and in-line building portion of a shopping center mean the portion of a shopping center consisting of two or more buildings that are physically attached by common walls, or two or more buildings that are contiguous through being structurally connected in any manner.

Intensity means the degree of impact that a use would have on surrounding uses.

Interior lot means a lot other than a corner lot with only one frontage.

Internal trips means motor vehicle or bicycle travel between two or more destinations that is accomplished without entering onto a public road.

ITE Manual means Institute of Transportation Engineers (ITE) Trip Generation Manual, fifth edition (1991).

Land development regulations. The land development regulations consist of the following: chapter 86, pertaining to concurrency management; chapter 90, pertaining to flood prevention and protection; chapter 98, pertaining to mobile homes and mobile home parks; chapter 102, article II, pertaining to potable water wellhead protection; chapter 110, pertaining to signs; chapter 114, pertaining to subdivisions; chapter 118, pertaining to tree protection and preservation and open space requirements; and chapter 122, pertaining to zoning.

Leasable area. See Gross leasable area.

Level of service (LOS), public roads is a qualitative measure of the effect of a number of connected factors, which includes speed and travel time, traffic interruptions, freedom to maneuver, safety, driving comfort and convenience, and operation cost. There are six levels of service, designated A through F. Level of service standards for transportation are contained in Objective 3 of the transportation element of the comprehensive plan and section 86-5.

Livestock means domestic animals such as equine (e.g. horse, mule, donkey etc.), bovine (e.g. cattle, bison, etc.), porcine (e.g. pigs, hogs, etc.), caprine (e.g. goats), ovine (e.g. sheep), lama (e.g. llama, alpaca, etc.) and poultry (e.g. chicken, duck, turkey, geese, quail, pheasant, etc.).

Lot means a parcel or tract of land designated and identified as a single unit of area in a subdivision plat officially recorded in the files of the clerk of the court for the county. See also the definition of "plot."

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

Lot line or property line means the boundary line of a lot.

(1)

Front lot line means that property line which abuts a public street. On through or corner lots, the front lot line shall be that property line abutting a street, which has been so designated by the owner at the time of an application for a building permit, provided such lot is not thereby made nonconforming. On through or corner lots developed prior to August 27, 2001, which contain structures or buildings, any abutting street may be designated as the front lot line provided such lot is not thereby made nonconforming. On nonconforming, developed through or corner lots, the front lot line will be the line that creates the least nonconformity as determined by the building official.

(2)

Side lot line means any property line that is not a front lot line or a rear lot line.

a.

Interior side lot line means a side lot line separating a lot from another lot or lots.

b.

Street side lot line means a side lot line that abuts a street.

(3)

Rear lot line means that property line which is most distant from and is, or is most nearly, parallel to the front lot line.

a.

Street rear lot line means a rear property line that abuts a street on a through lot.

Lot width means the horizontal distance between the side lines of a lot at the depth of the required front yard, or at the front lot line where no building setback is required.

Major arterial street means a street or highway used primarily for fast and heavy traffic traveling considerable distances, with a width of right-of-way of normally 100 feet or more.

Manufactured building means any factory built structure, building assembly, or system of subassemblies manufactured or constructed under the authority of F.S. §§ 553.35—553.42. All such manufactured buildings must meet the requirements of, and bear the insignia of approval of, the state department identified by F.S. §§ 553.35—553.42.

Manufactured home means a dwelling unit fabricated in a manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the federal Manufactured Housing Construction and Safety Standards (24 CFR 3280) HUD Code.

Marginal access street means a minor street parallel to and adjacent to arterial streets or highways and which provides access to abutting property and protection from through traffic. A marginal access street may also be called a frontage road.

Minor street means a street used primarily for access to abutting properties and not for through traffic with a right-of-way width of at least 60 feet.

Mobile home park means premises where lots are offered for rent for the parking and accommodation of mobile homes for living and sleeping purposes, including any land, building, structure or facility used by the occupants of mobile homes on such premises.

Mobile home subdivision means a parcel of land meeting the requirements for subdivision under regulations of the city where lots are sold to mobile home owners for the purpose of placing mobile homes on such lots for living and sleeping purposes, including any land, building, structure or facility used for common purposes by the residents of such mobile home subdivision. A mobile home subdivision must meet the standards of chapter 114.

Mobile vendor means any person traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, or street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, farm products or provisions, offering articles to purchasers, or who, without traveling from place to place, sells or attempts to sell such article from a wagon, automotive vehicle, railroad car or other vehicle or conveyance, or from any other nonpermanent structure or stand.

Multiple-frontage property means a lot or parcel that is contiguous to more than one public right-of-way, being either a corner lot or parcel or a through lot or parcel.

Multiuse complex means any development of two or more business or industrial uses that are under common land ownership or that share common property frontage.

Nonconforming lot. Refer to section 122-172.

Nonconforming structures. Refer to section 122-174.

Nonconforming use. Refer to section 122-173.

Occupied includes arranged, designed, built, altered, converted to, rented or leased, or intended to be used or occupied.

Official zoning map. Refer to section 122-242.

Off-site access means the road network beyond the boundary of a shopping center or single retail store development which provides motor vehicle and bicycle access to the shopping center or single retail store development.

On-site circulation means a motor vehicle network which primarily accommodates site-generated traffic within the site boundary and includes parking spaces, internal drive lanes, and recorded or platted cross easements to adjoining developments.

Open space means an area reserved for passive recreation that may include water retention areas which have a 3:1 slope or less and do not exceed 2½ feet in depth. These areas include a combination of grass, shade trees and shrubs.

Outdoor display and sales area means an area set aside outside of a building or structure, used in conjunction with a business located within the building or structure on the same site, for the display or sales of merchandise.

Outdoor display area means a portion of a site used for exhibiting, in an orderly manner, completely assembled or finished products sold by a retail business located on the same site.

Outdoor sales means the display and sale of products to the public on a continuous basis outside of a completely enclosed building.

Outdoor storage means the keeping of any goods, junk, vehicles, materials or merchandise outside of a completely enclosed building for more than 24 hours. This definition does not include outdoor sales or temporary outdoor sales as defined in this section.

Outparcel means a separate tract of land which was included as a part of a shopping center or single retail store development approved by the city. The outparcel is a part of the development, regardless of platting.

Owner/developer, as used in article V, division 29 of this chapter (the shopping center ordinance), means the owner of the real property, or the developer of a shopping center or single retail store development, or both of them.

Parcel. See Individual parcel of record.

Park model means a transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The park model is not self-propelled. This type of unit may also be called a "park trailer."

Parking means the temporary transient storage of private passenger motor vehicles used for personal transportation. The term shall not include storage of new or used cars for sale, service, rental or any other purpose other than that specified in this definition.

Peak hour. For motor vehicle traffic, the peak hour is determined by first identifying the 15-minute period that has the highest traffic volume during an observation period composed of 24-hour counts taken over seven days. The peak hour consists of four consecutive 15-minute periods, one of which is the 15-minute period with the highest traffic count.

Peak-hour trips applies to the busiest hour of the roads and the busiest hour of motor vehicle traffic generated by a development. The peak hour traffic level shall, without exception, be obtained from 24-hour traffic counts taken over a seven-day period. The peak hour shall be the hour within that seven days with the highest vehicle count.

Pennant. Any long, narrow, usually triangular, flag-like piece of cloth, plastic, paper or other similar material, whether or not the material displays characters, ornamentation or letters, attached to any staff, cord, building or other structure, that hangs loosely for the primary purpose of attracting attention to its site.

Planned unit development. Refer to section 122-822.

Plat means a map, diagram or graphic representation of real property which has been subdivided into lots, plots or parcels and showing such facilities and public improvements as may be required under subpart B of this Code. The verb "to plat" shall mean to make or prepare a plat.

Plot means a clearly defined piece of land sufficient in area and dimensions to meet minimum zoning requirements for width, area, use and coverage, and to provide such yards and other open spaces as are required in this chapter; provided that certain nonconforming lots of record at the time of passage of the ordinance from which this chapter is derived or at the time of amendment of this chapter are exempt from certain provisions under the terms of section 122-249. A plot may consist of all portions or combinations of lots of record and plots described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.

Portable storage container means a weather-resistant enclosed receptacle without wheels designed and used for the storage or shipment of goods, wares, materials or merchandise that resides on the property.

Pre-conceptual site plan, shopping center or single retail store development has the meaning assigned to it in section 122-908(1).

Premises means portions or combination of lots or parcels of land considered a unit for a single development or structure.

Principal use means the main use of land or buildings as distinguished from an accessory use. A house is a principal use in a residential neighborhood; a pool is an accessory use.

Property front foot means each foot, or fraction thereof, measured along the public right-of-way where the subject property abuts the right-of-way.

Public facilities include roads, potable water, sanitary sewer, solid waste, drainage, and public parks and recreation facilities for which level of service standards are adopted in the comprehensive plan.

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

Recovered materials means metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential and have been previously diverted and source separated, whether or not the materials require subsequent processing or separation from each other or whether they contain solid waste. Specifically, the contents of a residential cart designated for recyclable materials shall constitute "recovered materials" without regard to whether and to the extent such contents include contamination or solid waste. Recovered materials as described herein are not solid waste materials.

Recreational vehicle means a vehicle which is: (1) built on a single chassis; (2) four hundred (400) square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. These include such vehicles as travel trailer, camping trailer, truck camper, motor home, private motor coach, van conversion and fifth-wheel trailer.

Recreational vehicle site (may also be referred to as "site") means a parcel of land in a recreational vehicle park designated for the placement of one recreational vehicle or a park model for the exclusive use of its occupants. A site may also contain such temporary structures as screened enclosures and storage sheds, or it may contain a combination of one recreational vehicle or park model and tent for the exclusive use of a single family.

Required yard means the minimum yard required by this chapter. Any yard space supplied in excess of the minimum amount specified shall not be deemed to be a required yard.

Rezoning means an amendment to or change in the zoning code (i.e., the official zoning map).

Right-of-way means lands conveyed or dedicated to the public to be used for a street, alley, walkway, drainage facility or other public purpose.

Room means an unsubdivided portion of the interior of a dwelling, excluding bathrooms, kitchens, closets, hallways and service porches.

Schedule of district regulations means a series of tables and diagrams incorporated in this chapter, which identifies for each zoning district the major requirements (permitted uses, accessory uses, special exceptions, yard requirements, building height, floor area ratio and building coverage).

Screen pool enclosure. A screen structure with no solid vertical or horizontal panels shall be considered a screen swimming pool enclosure.

Secondary arterial street or section line road means a street or highway used primarily for through traffic with a width of right-of-way of normally 100 feet.

Service road, general meaning means a public street or road auxiliary to and normally located alongside and parallel to an arterial road. Service roads are used to intercept motor vehicle traffic generated by a development or a group of developments and give that traffic a common point of access to an arterial road. The through character of the arterial road is protected by minimizing the driveway impacts from subsequent development along the arterial road.

Setback means the minimum distance between the street line, or base building line, and the front line or side line of the building or any projection thereof, excluding projections specifically permitted under section 122-252.

Shade tree means any tree which shall have a mature crown in the ratio of two feet for every inch of DBH (diameter at breast height). Shade trees will attain a combination height and crown spread sufficient to shade large areas. Acceptable shade trees are as follows:

Shopping center means any multiuse, primarily retail, facility developed on four or more acres, provided that the facility will have, at a minimum, an in-line building that will have a minimum gross leasable area of 25,000 square feet.

Shrub means any perennial, low, several-stemmed woody plant that grows to a height of at least two feet.

Side lot line 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 is called an interior or side lot line.

Sidewalk sales means having a commercial sale or display of goods, products, wares, merchandise, services or material related to services, provided and sold by the business immediately adjacent to the sidewalk sale and leaving a minimum of 36 inches in width of unobstructed area for unimpeded pedestrian access through the area.

Sight distance means the maximum extent of unobstructed vision (in a horizontal plane) along a street located at any given point on the street.

Sign means any letters, numbers, symbols, graphics, pictures or figures, or combination thereof, which are erected, constructed, placed, attached or painted on a structure or the ground, which identify, advertise or direct attention to a product, business, institution, place, person or event which can be seen from the public right-of-way. When not modified by the term "structure" or "face," the term "sign" shall include all parts of the sign and its supporting structure.

Sign, abandoned means any conforming or nonconforming sign and/or sign structure, which advertises a business no longer conducted or product no longer sold, or any previously permitted portable or temporary sign for which the permitted time has expired. In making the determination that a sign advertises a business no longer being conducted, the building official shall consider the existence or absence of a current occupational license or utility service deposit or account, use of the premises, and relocation of the business.

Sign, animated means a sign depicting or involving action, motion, light, or color changes through electrical or mechanical means. This type of signage is not only recognized by type but also may be recognized by its display, which may be regulated by city Code, zoning regulations, or other agreements. Animated signs may contain lists of specific products and auxiliary services. Animated signs are not identified as illuminated signs. An animated sign's display shall be limited to four differing levels of regulation which are defined as such:

Level 1 static display only (messages changed with no transition).

Level 2 static display with "fade" or "dissolve" transitions, or similar subtle transitions and frame effects that do not have the appearance of moving text.

Level 3 static display with "fade", "dissolve", "travel", or "scrolling" transitions, or similar transitions and frame effects that have text or animated images that appear to move or change in size, or be revealed sequentially rather than all at once.

Level 4 full animation, flashing and video.

Sign, changeable copy means a sign or portion thereof on which the copy or symbols change either manually, or through mechanical means, changing the placement of letters or symbols on a panel mounted in or on a track system. Changeable copy signs may contain lists of specific products and auxiliary services.

Sign, construction means a sign announcing and identifying the construction project scheduled or underway on the site where the sign is located.

Sign, directional means any sign used to indicate the direction to entrances, exits, parking areas, restrooms or other non-business-related facilities on the site.

Sign, directory means a sign which gives the names of the businesses or individuals located in the building or complex where the sign is located. A directory sign shall be of a unified design and common material, and shall allow for a uniform size sign for each business or unit of space in the development. Directory signs shall be limited to the name and type of business and its location within the building or complex.

Sign, double-faced means a sign with two faces which are no more than three feet apart at their closest point, and which describe an internal angle between face planes extended no more than 60 degrees.

Sign, fascia means a sign located on the fascia of a roof or canopy, including signs that extend from the plane of the structural fascia such that the vertical dimension of the sign is not more than one-third the distance from the ground to the bottom of the fascia, where no lateral supports are used.

Sign, freestanding means any sign with vertical supports placed upon or in the ground and architecturally and aesthetically integrated with the overall development. A freestanding sign shall include a ground or pole sign as defined in this section.

Sign, ground means the total square footage of a sign where the bottom of the sign face either 1) rests upon the ground; 2) extends above the ground with vertical supports a maximum of four feet; or 3) rests upon a base that is embellished to conceal all structural vertical supports. A monument sign is considered a ground sign.

Sign, identification means a sign that indicates the name and business type or service or the name of the development located on the site where the sign is located. Identification signs shall be limited to the name of the business or service, street address, phone number, and graphic of business logo.

Sign, illuminated means a sign that uses artificial light, either internal or external to the sign faces, to draw attention to the sign or otherwise increase its visibility.

Sign, internally illuminated means a sign that uses artificial light from behind the sign face to increase its visibility.

Sign, membership means a sign identifying affiliation with a travel club, business association, credit card company or professional association.

Sign, nonconforming means any sign or sign structure that does not conform to the requirements of this chapter.

Sign, off-site advertising means any sign which directs attention to a business, commodity, service, product or activity not conducted, sold, offered or available on the premises where such sign is located or to which it is affixed.

Sign, on-site means a sign that identifies or advertises only goods, services, facilities, events or attractions available on the premises where the sign is located.

Sign, parasite means any sign not exempted by chapter 110, for which no permit has been issued, and which is attached to another sign.

Signs, permitted. All signs permitted under chapter 110, except those specifically designated as off-site signs, shall be located on the lot or parcel of the business, service or facility identified or advertised on the permitted sign.

Sign, pole means a sign that is supported by a pole (sometimes more than one).

Sign, projecting means a sign supported by a wall of a building, projecting away from that wall 12 inches or more, designed with a face or faces reading at an angle to that wall.

Sign, real estate means a sign erected by the owner, or his agent, advertising the real property where the sign is located for sale, lease or rent.

Sign, roof means a sign located on the roof of a building and primarily supported by that roof structure, which extends above the top of the parapet or ridge line in the area where the sign is located, except fascia signs as defined in chapter 110.

Sign, temporary means a sign used to advertise or identify transitory events of two weeks' or less duration, unless specifically permitted for a longer period by chapter 110.

Sign, trespassing or caution means a sign intended to warn off trespassers or to point out a hazard on the premises upon which the sign is located.

Sign, wall means a sign painted on or affixed to the structural wall of a building, with a sign face approximately parallel to the wall, perpendicular to the ground, and projecting no more than 12 inches from the wall. The term "wall sign" shall also include window signs and fascia signs.

Sign, window means a permanent sign fixed to, suspended behind or painted on either face of a window or glass door that reads to the exterior of the building.

Sign area means the total surface of a sign, including the background and frame but not structural supporting elements of its frame. Where a sign is of skeleton letters, characters or symbols applied to a frame or to a background which is not a structural part of the sign, the area of the sign shall be the smallest rectangle, triangle or circle which will include the display. Where a sign is built with two faces back to back, the area of the sign shall be the larger of the areas of the two faces computed as specified in this definition.

Sign face means that portion of a sign containing advertising copy, excluding embellishments. The term shall not include non-copy trim, identification plates of the owner of the sign, or any other part of the sign structure.

Sign setback. The setbacks for signs specified in chapter 110 shall be measured horizontally from the vertical plane of the property line to the closest point of the sign.

Sign structure means any structure, which is designed specifically for the purpose of supporting a sign, has supported or is capable of supporting a sign. This definition shall include any decorative covers, braces, wires, supports, or components attached to or placed around the sign structure.

Signalized intersection means a junction of two public roads where there is an electric traffic signal to control traffic. The electric traffic signal shall have at least three lights per traffic direction, these being green for go, yellow for caution, and red for stop.

Single retail store development means a retail store that has 35,000 or more square feet of gross floor area and is located on five or more acres.

Site plan, as referenced in article IV of this chapter, means the proposed development plan provided to the city to obtain a building permit.

Site plan, minor, as referenced in subsection 122-213(b) of this chapter.

Site plan review committee. The site plan review committee consists of representatives from the building, engineering, electric utilities, fire, planning, public works, water and sewer, zoning and any other concerned departments.

Site work includes those construction activities that are done to the ground surface of a construction site to prepare a site for the construction of a structure, or that are done in conjunction with the construction of a structure. Site work includes but is not limited to changing the grade of the ground surface; excavation; adding earth material fill; compaction; constructing parking lots and driveways; striping or painting directional arrows in parking and driveway areas; constructing sidewalks or walkways; erecting walls or fences; installing utility poles, or running the wires from pole to pole or from a pole to a structure; installing underground utilities, including electric, gas, phone, sewer or water lines; erecting signs; installing trash dumpster pads; and removing trees.

Sketch plan means a drawing of a proposed development with sufficient detail to convey an understanding of the project, but without the exactness required in a scaled site plan prepared by a professional.

Solid waste means garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from domestic, industrial, commercial, agricultural, or governmental operations.

Spa means a water-filled structure, accommodating two or more people, containing hot, aerated water, often equipped with a thermostat, usually with a whirlpool or other hydromassage feature, used for recreation or physical therapy, and often placed out of doors.

Special exception has the meaning assigned to it in article II, division 3 of this chapter.

Specified anatomical area means:

(1)

Less than completely or opaquely covered:

a.

Human genitals or pubic region;

b.

Cleavage of the human buttocks; or

c.

That portion of the human female breast below a point immediately above the top of the areola; this definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not so exposed.

(2)

Human male genitals in a discernible turgid state, even if completely or opaquely covered.

Specified sexual activity means:

(1)

Human genitals in a state of sexual stimulation, arousal or tumescence;

(2)

Acts of anilingus, bestiality, buggery, cunnilingus, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy or urolagnia;

(3)

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

(4)

Excretory functions as part of or in connection with any of the activities set forth in paragraphs (1) through (3) of this definition.

Street means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane or place, or however otherwise designated. Where width is designated, such width is right-of-way width.

Street or alley lot line means a lot line separating the lot from a street or alley.

Structural alteration means any change, except for repair or replacement, in supporting members of a building or structure, such as bearing walls, columns, beams or girders.

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

Subdivision means any tract of land as it existed when it became a part of the city, when divided into three or more lots, sites or parcels, any one of which contains two acres or less in area, or if a new street or easement for street purposes or the establishment or dedication of a highway, street or alley is involved. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. The sale or exchange of small parcels of land to or between adjoining property owners, where such sale or exchange does not create additional lots, shall not be considered a subdivision of land.

Subdivision improvements means any of the following, which are listed only for the purpose of illustration and emphasis: streets and pavements, with or without curbs and gutters; sidewalks, alleys and alley pavement; water mains; sanitary sewers, storm sewers or storm drainage; street name signs; street trees; streetlights; etc.

Surveyor means a land surveyor registered in the state, and engaged by the developer to survey and prepare the plat of the land proposed for subdivision.

Swimming pool means a water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches, designed, used and maintained for swimming and bathing.

Swimming pool, aboveground means a swimming pool with an aboveground height of 30 inches or more.

Swimming pool, in-ground means a permanent swimming pool, some portion of which is lower than the surrounding ground surface.

Temporary outdoor sales means the temporary display and sale of products to the public outside of a completely enclosed building. Temporary outdoor sales are limited to the hours of operation of the business or a maximum of 12 hours in a 24-hour daily period. Temporary outdoor sales may not be located in the required parking, open space, setbacks or buffers.

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

Third party employer means any person that contracts with a day labor service establishment for the employment of day laborers.

Through lot means a lot that has frontage on two non-intersecting streets. A corner lot with such characteristic may also be a through lot.

Traffic study and comprehensive traffic study have the meaning assigned in section 122-911.

Tree means any self-supporting woody plant which has at least one main trunk and is normally grown to an overall height of a minimum of 15 feet.

Use of land includes the use of land, water surface, and land under water to the extent covered by zoning districts, and over which the city has jurisdiction.

Variance has the meaning assigned in article II, division 4 of this chapter.

Vested rights. Refer to section 106-34.

Walk-up service window means an opening in a wall of a commercial structure that allows pedestrian customers to obtain goods and services without entering into the interior of the structure.

Walkway means a right-of-way intended primarily for pedestrians, excluding self-propelled vehicles.

Work includes all construction shown or required on the plat as approved, as well as all required construction as shown on approved plans and specifications for all facilities and features of any kind.

Yard means a space on the same lot with a structure or use; open and unobstructed from the ground to the sky except by encroachments specifically permitted in section 122-252. Yard measurements shall be the minimum horizontal distances. Yards shall extend and be measured inward from the respective lot lines.

(1)

Front yard means a yard extending across the full width of the lot between the front lot line and the nearest line of the main use or main building on the lot.

(2)

Rear yard means a yard extending across the full width of the lot between the rear lot line and the nearest line of the main building.

a.

Interior rear yard means a rear yard that does not abut a street.

b.

Street rear yard means a rear yard that abuts a street.

(3)

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

a.

Interior side yard means a side yard that does not abut a street.

b.

Street side yard means a side yard that abuts a street.

Zero lot line. Zero lot line construction permits the location of a detached single-family structure on one side property line to promote maximum use of the lot.

Zoning district means a portion of the city designated in the zoning text and delineated on the official zoning map, in which requirements for the use of land, building and development standards are identified.

(Code 1961, § 22-3; Ord. No. 1589, § 2, 8-2-83; Ord. No. 1616, § 1, 12-13-83; Code 1985, § 7-602; Ord. No. 1768, § 2, 8-6-85; Ord. No. 1880, § 1, 11-4-86; Ord. No. 1969, § 1, 11-3-87; Ord. No. 2075, § 1, 11-7-89; Ord. No. 2216, § 1, 6-4-91; Ord. No. 2226, § 2, 8-6-91; Ord. No. 2239, § 3, 11-5-91; Ord. No. 2275, § 1, 5-5-92; Ord. No. 2401, § 1, 9-7-93; Ord. No. 2436, § 3, 1-4-94; Ord. No. 2513, § 1, 3-21-95; Ord. No. 2547, § 1, 8-15-95; Ord. No. 2608, § 1, 6-11-96; Ord. No. 2649, §§ 1, 2, 9-27-96; Ord. No. 2751, § 3, 8-19-97; Ord. No. 4073, §§ 1—3, 8-21-01; Ord. No. 5043, § 1, 4-9-02; Ord. No. 5406, § 1, 7-12-05; Ord. No. 5419, § 1, 8-3-05; Ord. No. 5745, §§ 3, 4, 11-6-07; Ord. No. 5746, §§ 3, 4, 11-6-07; Ord. No. 2012-20, § 1, 3-7-12; Ord. No. 2012-58, §§ 3, 4, 9-18-12; Ord. No. 2013-10, §§ 1, 2, 1-22-13; Ord. No. 2014-30, § 2, 4-1-14; Ord. No. 2014-45, § 1, 8-19-14; Ord. No. 2015-3, § 6, 11-4-14; Ord. No. 2016-15, § 1, 1-5-16; Ord. No. 2017-58, § 3, 6-20-17; Ord. No. 2018-42, § 15, 9-25-18; Ord. No. 2020-10, § 1, 12-17-19; Ord. No. 2020-34, § 5, 3-17-20; Ord. No. 2021-50, § 1, 5-18-21; Ord. No. 2022-72, § 1, 8-16-22)

Cross reference— Definitions generally, § 1-2.

Agricultural use includes the uses: farm; farm, horse; horse racing, including track operations; nursery farm; and stable.

Business service includes the uses: advertising service (on-site/off-site signs); construction service establishment; day labor service establishment; equipment rental and leasing; general business service; maintenance and cleaning service; parking garage (or structure); parking lot; pest control service; radio/TV broadcasting facility; and security systems service.

Community service includes the uses: church/place of worship; day care facility; library; and private club.

Eating or drinking establishment includes the uses: alcoholic beverage establishment; drive-in or drive-through restaurant; fast-food restaurant; and restaurant (enclosed).

Educational use includes the uses: colleges/universities; community education center; schools, public and private; speech and language center/school; and vocational professional school.

General retail includes the uses: auto supply store; bakery store; building material sales; department store; drugstore; electronic cigarette/vaporizer store; electronics store; farmers' market; flea market; furniture store; garden and nursery sales; grocery store; hardware store; home decorating store; home garden/hobby farm equipment sales; manufactured mobile home sales; model manufactured home center; pawn shop; pharmacy; playground equipment sales, outdoor; RBH retail and services uses; roadside fruit and vegetable sales; specialty retail stores; swimming pool sales (enclosed); swimming pool sales (outdoor sales); used merchandise store; and videotape store.

Health care use includes the uses: assisted living facility; community work release facility; dental laboratory; hospital; satellite hospital emergency room; medical and dental office; medical laboratory; neighborhood wellness center; transitional/recovery facility; and veterinarian office.

High-impact industrial use includes the uses: automobile wrecking yard; construction and demolition landfill; CRA existing industrial uses (off-site expansion); hazardous waste, bulk storage; industrial dry-cleaning plant; manufacturing, heavy; materials recovery facility; and recycling plant.

Hospitality and tourism includes the uses: antique gallery; conference center; hotel/convention center; motel; and museum/art gallery.

Low-impact industrial use includes the uses: assembly of electronic components; carpet and upholstery cleaning; CRA existing industrial uses (on-site expansion); low-impact manufacturing; manufacturing, light; microbrewery/microdistillery; newspaper printing facility; packing and crating; recycling center; research and testing laboratory; recreational vehicle and boat outdoor storage; truck/freight terminal; warehouse; and wholesale and distribution.

Office use includes the uses: commercial photography (art and graphic design service); computer maintenance and repair; financial institution; photocopying and duplicating services; photofinishing laboratory; prepackaged software services; print shop; and professional and business office.

Personal service includes the uses: bail bonds agency; check cashing establishment; coin-operated laundry and dry cleaning; emergency shelter; funeral home and/or crematory; hairstyling shop; kennel; laundry and dry cleaning pickup establishment; laundry and dry cleaning service; major household repair establishment; mini-warehouse (self-service storage facility/neighborhood storage center); minor household repair establishment; recreational vehicle park; recycling collection point; and tattoo or body piercing establishment.

Public use includes the uses: airport; cemetery; park/open space area; and public transportation terminal.

Recreational use includes the uses: bowling center; commercial outdoor baseball batting facility; commercial recreation, indoor; commercial recreation, outdoor; dance/art/music studio; drive-in theater; driving range; golf course; miniature golf; motion picture theaters (except drive-in); multipurpose facility; physical fitness center; recreation facility, indoor; shooting range, indoor; temporary commercial amusement.

Residential operation includes the uses: bed and breakfast; community residential home; downtown residence, commercial; fraternity or sorority house; home occupation; residence-gallery; residence-office; and rooming/boarding house.

Residential type includes the uses: mobile home; multifamily dwelling; single-family dwelling; single-family (attached) dwelling unit; and two-family dwelling.

Vehicular sales includes the uses: automobile rental sales; automobile sales (new); automobile sales (used); automotive specialty sales; boat store; construction/farm equipment sales; recreational vehicle sales; and truck rental and sales.

Vehicular service includes the uses: auto repair, minor; automobile cleaning/detailing services; drive-through facility (non-restaurant); full-service station; repair garage; and self-service station/convenience store.

(Ord. No. 2018-42, § 16, 9-25-18; Ord. No. 2021-7, § 1, 1-19-21; Ord. No. 2021-50, § 2, 5-18-21; Ord. No. 2021-65, § 1, 8-17-21; Ord. No. 2021-81, § 1, 9-28-21; Ord. No. 2022-32, § 1, 4-19-22; Ord. No. 2022-72, § 2, 8-16-22; Ord. No. 2023-47, § 1, 6-20-23)

As used in this chapter and other chapters in subpart B of this Code, the following terms have the following meanings:

Adult arcade means a place from which minors are excluded and to which the public is permitted or invited, wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

Adult bookstore means an establishment from which minors are excluded and which sells or rents adult material in any of the following categories: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides, or other visual representations, or recordings, or other video matter. Any adult use activity other than the sale or rental of adult material shall preclude the establishment's qualifying solely as an adult bookstore.

Adult cabaret means any bar, dancehall, restaurant or other place of business which features dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers, or waiters or waitresses that engage in specified sexual activities or display specified anatomical areas, or any such business establishment, the advertising for, or signs identifying which, use the word "adult," "topless," "nude," "bottomless" or other words of similar import.

Adult photographic studio includes any business establishment from which minors are excluded, and which offers or advertises, as its primary business stock in trade, the use of its premises for the purpose of photographing or exhibiting specified sexual activities or specified anatomical areas.

Adult physical culture establishment means any business establishment which offers or advertises massage, body rubs or physical contact with specified anatomical areas. Business establishments that provide similar treatment by a medical practitioner, chiropractor, physical therapist or similar professional person licensed by the state shall be excluded from this definition. This definition shall also not include an athletic club, health club, spa or similar establishment that provides massages or body rubs as an incidental or accessory use.

Adult theater means an enclosed building or an enclosed space within a building, or an open air area, used for presenting either films, motion pictures, videocassettes, slides or other photographic reproductions, or live plays, dances or other performances, either by individuals or groups, from which minors are excluded, and which are distinguished or characterized by an emphasis on material depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. An establishment which has adult booths or an adult arcade is considered to be an adult theater.

Adult use establishment includes the terms "adult arcade," "adult bookstore," "adult booth," "adult cabaret," "adult photographic studio," "adult physical culture establishment" and "adult theater," including any business establishment whose primary business stock in trade is dependent upon the activities relating to specified sexual activities or specified anatomical areas.

Advertising service (on-site/off-site signs) means an establishment engaged in the preparation of poster displays and painted and electric spectacular displays on billboards, panels, bulletins and frames. These establishments may construct, repair and maintain displays.

Airport means any area of land or water designed and set aside for the landing and takeoff of aircraft, including all necessary facilities for passengers and the housing and maintenance of aircraft.

Alcoholic beverage establishment means a commercial establishment selling, dispensing, serving or providing alcoholic beverages for on-premises consumption. These establishments include bars, nightclubs and cocktail lounges. These establishments may also sell packaged alcoholic beverages to customers for off-premises consumption.

Antique gallery means an establishment engaged in the display of antique items and related accessories.

Assembly of electronic components means an establishment where electronic components are assembled into a semi-finished or finished product.

Assisted living facility means a facility providing 24-hour, year-round social and personal care and adult supervision for children, the elderly, and disabled adults. Such residents occupying this type of facility are usually unable to care for themselves without the assistance of others. This category shall include nursing homes. This category shall not include a facility or dwelling defined as a community residential home or transitional recovery facility.

Auto repair, minor means an establishment that provides minor service and maintenance of the ancillary systems of a vehicle including such services as:

(1)

Sales and service of spark plugs, batteries and distributor and ignition systems;

(2)

Sales, service and repair of tires, but not recapping or regrooving;

(3)

Replacement of mufflers, tailpipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, windshield wipers and blades, grease retainers, wheel bearings, mirrors and the like;

(4)

Radiator cleaning, flushing and fluid replacement;

(5)

Washing and polishing and sale of automotive washing and polishing supplies;

(6)

Greasing and lubrication;

(7)

Providing and repairing fuel pumps, oil pumps and lines;

(8)

Minor adjustment and repair of carburetors;

(9)

Emergency repair of wiring;

(10)

Minor motor adjustment not involving removal of the head or crankcase; or

(11)

Warranty maintenance and safety inspections.

Auto supply store means an establishment engaged in the retail sale of new automobile tires, batteries and other automobile parts and accessories and may include minor vehicle repairs.

Automobile cleaning/detailing services means a facility engaged in furnishing automobile washing, waxing, polishing, detailing, tinting and/or similar services, except repairs.

Automobile rental sales means premises, or a portion of premises, occupied by an establishment engaged in renting automobiles.

Automobile sales (new) means an establishment engaged in the retail sale of new automobiles or new and used automobiles. These establishments frequently maintain repair departments and carry stocks of replacement parts, tires, batteries and automotive accessories.

Automobile sales (used) means an establishment engaged in the rental sale of used automobiles. These establishments frequently maintain repair departments and carry stocks of replacement parts, tires, batteries and automotive accessories.

Automobile wrecking yard means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts.

Automotive specialty sales means an establishment engaged in the retail selling of new and/or used motorbikes, motorcycles and similar automotive product specialties. These establishments may include repair departments.

Bail bonds agency means:

(1)

The building where a licensee maintains an office and where all records required by F.S. §§ 648.34 and 648.36 are maintained; or

(2)

An entity that:

a.

Charges a fee or premium to release an accused defendant or detainee from jail; or

b.

Engages in or employs others to engage in any activity that may be performed only by a licensed and appointed bail bond agent.

Bakery store means an establishment engaged in the retail sale of bakery products. These products may be made on the premises.

Bed and breakfast means a residential structure or portion thereof where short-term lodging rooms are provided to overnight guests for commercial purposes. This category shall not include a building defined as a transitional/recovery facility (including a halfway house), boarding house, fraternity/sorority house, assisted living facility or a community residential home.

Boat store means an establishment engaged in the retail sale of new and used motorboats and other watercraft, marine supplies and outboard motors.

Bowling center means an establishment known to the public as bowling alleys. These establishments may sell meals and refreshments.

Building material sales means an establishment engaged in the selling of equipment and supplies for all types of construction directly to consumers, as well as to contractors, and not for resale. These establishments may also sell home furnishings and garden sales.

Carpet and upholstery cleaning means establishments engaged in cleaning carpets and upholstered furniture at a plant.

Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

Check cashing establishment means any building, room, space, establishment, facility or portion thereof where checks are cashed in exchange for a percentage fee or where unsecured, short-term cash advances are provided, including those made against future paychecks. This does not include a state or federally chartered bank, savings association, credit union or industrial loan company.

Church/place of worship means an institution that people regularly attend to participate in or hold religious services, meetings and other activities.

Coin-operated laundry and dry cleaning means an establishment engaged in the operation of coin-operated or similar self-service laundry and dry cleaning equipment.

Colleges/universities means colleges and universities furnishing academic courses and granting academic degrees. The requirement for admission is at least a high school diploma or equivalent general academic training.

Commercial outdoor baseball batting facility means an establishment engaged in the commercial operation of one or more outdoor baseball batting cages. This facility may also include indoor recreation facilities.

Commercial photography (art and graphic design service) means an establishment engaged in providing commercial photography, art or graphic design services for advertising agencies, publishers, and other business and industrial users.

Commercial recreation, indoor means an establishment which provides indoor amusement or entertainment, including such activities as theatrical productions, ballrooms, arcades, billiards and bingo. All bingo games must comply with the requirements of F.S. ch. 849.0931.

Commercial recreation, outdoor means an establishment which provides outdoor recreation, amusement, and/or entertainment, including but not limited to the following: miniature race car track, bumper boats, equestrian facility, amusement park, and skateboard park. This definition shall not include an outdoor rifle or shooting range.

Community education center means a facility designed to provide a mix of educational opportunities to persons of all ages, including academic, vocational, and leisure time programming. Programs include but are not limited to vocational training, basic literacy training, vocational programs, adult high school courses, short courses, community forums, and nontraditional training programs for all ages.

Community residential home means a single-family residential dwelling licensed to serve clients of the state department of children and family services, which provides a living environment for a maximum of 14 unrelated residents (as defined in F.S. § 419.001(1)(a)) who operate as the functional equivalent of a family, including such supervision and personal care by supportive staff that meets the physical, emotional and social needs of the residents. For purposes of this subsection, the term "resident" means any of the following: A frail elder as defined in F.S. § 429.65(9), a physically disabled or handicapped person as defined in F.S. § 760.22(7)(a), a developmentally disabled person as defined in F.S. § 393.063(9), a nondangerous mentally ill person as defined in F.S. § 394.455(18), or a child as defined in F.S. §§ 39.01(14), 984.03(9) and (12), and 985.03(7). This category shall not include a facility defined as an assisted living facility or transitional recovery facility.

Community work release facility means a (a) "work release center" as defined in Rule 33-601.602(1)(h), Florida Administrative Code, (b) a federal "Residential Re-Entry Center", (c) a facility that provides conditions that afford a prisoner with a reasonable opportunity to adjust to and prepare for the prisoner's re-entry into the community pursuant to 18 U.S.C. 3624, (d) a facility that provides "community confinement" pursuant to 28 CFR § 570.21, or (e) a facility that serves a substantially similar function as the foregoing.

Computer maintenance and repair means an establishment engaged in the maintenance and repair of computers and computer accessory equipment.

Conference center means a facility used for conventions, seminars, workshops, meetings, receptions, parties or other similar events, including food preparation and eating facilities for the use of participants, and including compatible accessory facilities.

Construction and Demolition Landfill means a permitted area used exclusively for the disposal on land of construction and demolition wastes. Such wastes include, but are not limited to, bricks, concrete and other masonry materials, roofing materials, soil, rock, wood, wood products, wall or floor coverings, plaster, drywall, plumbing fixtures, electrical wiring, electrical components containing no hazardous materials, nonasbestos insulation and construction related packaging. A construction and demolition landfill shall not include waste material containing friable asbestos, garbage, furniture and appliances from which ozone depleting chlorofluorocarbons have not been removed in accordance with the provisions of the federal Clean Air Act (42 U.S.C. § 7401), electrical equipment containing hazardous materials, tires, drums, and containers even though such wastes resulted from construction and demolition activities.

Construction/farm equipment sales means an establishment engaged in the sales or rental of construction or farm equipment. "Construction or farm equipment" includes excavators, loaders, graders, bulldozers, farm tractors 50 horsepower or more in size and other large, heavy-duty types of equipment used in the construction or farming industries but does not include horse trailers, trucks or other vehicles designed for use on public roads.

Construction service establishment means the office of a business engaged in the construction, addition, alteration, repair or development of land or buildings. The business may include the storage of equipment and material used in that business. This category includes building contractors such as plumbers, electricians and mechanical contractors.

CRA industrial uses include light and heavy industrial uses on parcels that meet the following criteria:

(1)

All parcels shall have B-3C zoning with the high intensity/central core land use classification.

(2)

New light industrial (warehouse and wholesale distribution) uses are permitted uses.

(3)

Existing heavy industrial/manufacturing uses that have been in operation in the Downtown CRA Subarea since October 1, 1991 are considered conforming uses.

(4)

Existing heavy industrial/manufacturing uses in the B-3C zoning district in the downtown CRA subarea can expand on-site but will require a special exception to expand off-site.

Dance/art/music studio means an establishment engaged in operating dance, art and music studios or schools.

Day care facility means an establishment which provides child care for more than five children not remaining overnight and not related by blood or marriage or adoption to the operator, and which receives a payment, fee or grant for any of the children receiving care, whether or not operated for profit. The term includes nursery schools, pre-kindergartens and kindergartens, but does not include family day care homes as defined in F.S. § 402.302.

Day labor service establishment means a business that furnishes or supplies day laborers to provide services to or for any third party employer pursuant to a contract between the day labor service establishment and the third party employer.

Dental laboratory means an establishment engaged in making dental products such as dentures, artificial teeth and orthodontic appliances.

Department store means an establishment under single ownership engaged in the retail sale of a variety of merchandise.

Downtown residence, commercial means a single unit that houses both an antique gallery, art gallery or office and a residential unit used by the proprietor of the business; or a residential unit within the same building as a commercial use. The residential unit and commercial use shall be considered separate units and have their own private entrances. The tenant of the residential unit does not have to be associated with the commercial use. A single building may have more than one residential and commercial unit. This use also allows any combination of residential and commercial uses listed in this subsection.

Drive-in or drive-through restaurant means any place or premises used for sale, dispensing or serving of food, refreshments or beverages to customers who order, pay for and receive their order while in a motor vehicle. Outside seating and walk up service windows are allowed as accessory uses.

Drive-in theater means a lot with facilities for showing motion pictures to customers seated in automobiles.

Drive-through facility (non-restaurant) means any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transaction.

Driving range means a golf practice facility consisting of an area approximately 100 yards wide by 300 yards in length with artificial mats or grass tees. Ancillary uses may include the following: practice bunkers, practice putting greens, sales office and/or golf pro shop, coin-operated vending machines and a snack bar.

Drugstore means an establishment engaged in the retail sale of prescription medicines, cosmetics, toiletries, novelty items, food and alcoholic beverages.

Electronic cigarette/vaporizer store means a business establishment for which more than 50 percent of the floor area is dedicated to the storage, mixing, display, on-site consumption, and/or retail sale of electronic cigarette devices, nicotine-enriched solutions, and/or liquid products that are manufactured for use with e-cigarettes.

Electronics store means an establishment engaged in the retail sale of radios, television sets, record players, stereo equipment, sound reproducing equipment, and other consumer audio and video electronic equipment. These establishments also sell appliances, computers, software, musical instruments, records and prerecorded tapes. These establishments may also do installation and minor repair work.

Emergency shelter means a facility providing temporary housing for one or more individuals who are otherwise homeless. An example of this type of facility is the Salvation Army.

Equipment rental and leasing means an establishment engaged in renting or leasing equipment, as well as selling supplies.

Family day care home has the meaning given in F.S. §§ 402.302, as contained therein or subsequently modified.

Farm means land used for growing agricultural products and/or raising of livestock, including related structures and activities. The term "farm" shall exclude the raising of swine or other livestock fed from garbage.

Farm, horse means land used for raising, breeding, training and selling of horses, including related structures and activities.

Farmers' market means a permanent activity held within a building, structure or open area where groups of individual sellers offer goods such as vegetables, fruits and seafood to the public.

Fast-food restaurant means an enclosed establishment that offers quick food service, already prepared and held for service or prepared quickly. Orders are taken at a counter and not at individual tables. These establishments may include drive-through and outside seating facilities as an accessory use to the enclosed restaurant.

Financial institution means an institution engaged in deposit banking or closely related functions. Financial institutions shall include banks, savings institutions and credit unions. A financial institution may include the main office, branch facilities and a drive-through facility.

Flea market means an occasional or periodic sales activity held within a building, structure or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales.

Fraternity or sorority house means a building in which sleeping rooms are provided for occupancy by, and maintained as a place of residence exclusively for students affiliated with an academic college or university seeking an associates, bachelors or higher education degree, with or without meals, when approved and regulated by such institution. A fraternity or sorority house may include living quarters containing independent cooking facilities designed for the resident manager only. This category shall not include a building defined as a transitional/recovery facility (including a halfway house), community work release facility, rooming/boarding house or community residential home.

Full-service station (also known as a filling station or automobile service station) means buildings or premises where the primary purpose of the operation is the supplying and dispensing at retail (or in connection with a private operation where the general public is excluded from the use of the facilities) of motor vehicle fuel and oil, but where grease, tires, batteries and automobile accessories may be supplied and dispensed at retail as a secondary purpose, as well as minor automobile repairs. This use shall not include major mechanical overhauling or paint and body work.

Funeral home and/or crematory means a building or portion of a building occupied by an establishment engaged in preparing the dead for burial, conducting funerals and/or cremating the dead, and may include emergency ambulance service.

Furniture store means an establishment engaged in the sale of household furniture. These stores may also sell home furnishings, major appliances and floor coverings.

Garden and nursery sales means an establishment engaged in selling trees, plants, seeds, mulches, soil conditioners, fertilizers, sod, garden tools and other garden and nursery related materials and supplies. These establishments sell products purchased from nursery farms, but may sell some plants, which they grow on-site. Garden and nursery sales shall not be considered a nursery farm or a building materials sales establishment.

General business service means an establishment engaged in rendering services other than administrative, professional or clerical operations to business establishments on a contract or fee basis. These services include products that are displayed, sold, rented, leased, repaired and delivered.

Golf course means an establishment engaged in the operation of golf courses and country clubs.

Grocery store means a store, commonly known as a supermarket, engaged in the sale of canned foods, fresh foods and dry goods, such as tea, coffee, spices, sugar, flour, fresh fruits, vegetables, meats, fish and poultry.

Hairstyling shop means an establishment engaged in furnishing hairstyling and related services to both male and female clients. These establishments are commonly known as barbershops and beauty shops. Related services may include manicure, pedicure, facial, hair removal or massage therapy services administered by a state licensed professional.

Hardware store means an establishment engaged in the retail sale of basic hardware products, such as tools, paint and glass, housewares and cutlery.

Hazardous waste, bulk storage means the storage of materials, in amounts greater than that exempted by the Florida Building Code, which are liable to burn with extreme rapidity or from which poisonous fumes or explosions are to be feared in case of fire.

Home decorating store means an establishment engaged in the sale of draperies, curtains, upholstery and floor coverings. This establishment may also do installation work outside the store for its customers.

Home garden/hobby farm equipment sales means an establishment engaged in the sales or rental of home garden/hobby farm equipment and may include the sale of merchandise such as garden/lawn/farm supplies, apparel, automotive products, tools/hardware, sporting goods, toys, housewares and specialty items. "Home garden/hobby farm equipment" means equipment typically used for home gardening or hobby farm purposes including tractors under 50 horsepower and implements or equipment that would be attached to such tractors for home gardening or hobby purposes, but does not include construction/farm equipment sales, horse trailers, trucks or other vehicles designed for use on public roads unless otherwise permitted in this chapter. This use allows minor assembly, cleaning and maintenance of home garden/hobby farm equipment.

Home occupation has the meaning set forth in article IX, division 4 of this chapter.

Horse racing facility means an establishment that supports racing activities, including racetrack operations, pari-mutuel betting, racing stables, racehorse training, the sale of horses and, if approved by city council pursuant to applicable law (currently F.S. § 849.086(16)), a cardroom.

Hospital means a facility where medical or surgical care is given to non-ambulatory and ambulatory patients and overnight accommodations are provided. These facilities include related activities such as laboratories, outpatient services, training facilities and emergency care services.

Hotel/convention center means a facility offering transient lodging accommodations to the general public with all rooms or suites having direct access through the inside of a building. A hotel may contain the following: restaurants, kitchen facilities, exhibition space, meeting rooms, entertainment and recreational facilities.

Indoor greenhouse means an establishment having as the principal purpose of business the indoor planting, watering, growing, or harvesting of horticultural products such as foliage plants, plants (excluding Cannabis sativa L.), flowers, fruits, vegetables or seeds for the purpose of nonretail sales and distribution in bulk quantities or resale to agricultural concerns. Greenhouses do not include horticultural retail sales.

Indoor hemp facility means an establishment where hemp is cultivated and/or processed inside an enclosed building for the purpose of nonretail sales and distribution in bulk quantities or resale to agricultural concerns.

Industrial dry cleaning plant means an establishment engaged in: supplying: (a) laundered or dry-cleaned industrial work uniforms and related work clothing, such as protective apparel (flame and heat resistant) and clean room apparel; (b) laundered mats and rugs; (c) dust control items, such as treated mops, rugs, mats, dust tool covers, and cloths. Laundered wiping items may belong to the industrial launderer and be supplied to users on a rental basis, or they may be a customer's own goods.

Kennel means any place or premises where three or more dogs over six weeks of age are kept for pay or for sale.

Laundry and dry cleaning pickup establishment means an establishment designed for the convenient and efficient pickup and/or drop-off of laundry or dry cleaning by the customer. No actual laundry or dry cleaning service or work is performed on the premises except for the collecting and distributing activities, as well as pressing or finishing work.

Laundry and dry cleaning service means an establishment engaged in the commercial operation of a laundry and dry cleaning service. A laundry and dry cleaning service includes delivery and pickup service.

Library means an institution providing library services, such as the circulation of books and other materials for reading, study and reference.

Life Skills Center means a facility that provides regular educational, developmental and social activities for adults progressing from exceptional student education (ESE) programs in a campus like setting that may include classroom space, recreational facilities and housing.

Low impact manufacturing means a use involving the assembly of component parts of manufactured products. This use shall include no industrial processing from raw materials or any point sources of pollution. All activities shall be compatible with the surrounding uses.

Maintenance and cleaning service means an establishment engaged in furnishing building, cleaning and maintenance services such as window cleaning, janitorial service, floor waxing and office cleaning.

Major household repair establishment means an establishment engaged in the repair of furniture, office equipment, yard equipment and home appliances.

Manufactured mobile home sales means establishments engaged in the retail sale of new and used manufactured and mobile homes. These establishments also sell related items for the manufactured and mobile homes.

Manufacturing, heavy means a use involving the basic processing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using, flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

Manufacturing, light means a use involving the manufacturing, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.

Materials Recovery Facility means a solid waste management facility that provides for the separation of solid waste and recyclable materials. The recyclable materials are processed for reuse and the solid waste materials are sent to a landfill or disposal facility.

Medical and dental office means a building or portion of a building wherein general or specialized medical and dental services are offered by licensed practitioners. This definition includes an establishment operating as a clinic for a physician or dentist.

Medical cannabis retail establishment means any establishment that distributes or sells cannabis to third parties including, without limitation:

(1)

A "dispensing organization" as defined in the F.S. 381.986, (2016) (the "Act") and which: (1) has been approved by the Florida Department of Health to dispense "low-THC cannabis" (as defined in the Act) or "medical cannabis" (as defined in the Act) pursuant to the Act and regulations adopted pursuant to the Act, and (2) which is dispensing such low-THC cannabis or medical cannabis to a "qualified patient" (as defined in the Act). If the Act is amended subsequent to the effective date of the ordinance adopting this section, the definition set forth herein shall not apply to any establishment that no longer complies with the definition of such use on such effective date, and such use shall not be a permitted use under this code; or

(2)

An establishment that sells or distributes marijuana (as defined below) for medical purposes under the laws or regulations hereafter promulgated under the amendment to the Florida Constitution (the "Amendment 2") approved by Florida voters on November 8, 2016 concerning medical use of marijuana (as defined in Amendment 2).

Medical laboratory means an establishment engaged in providing professional analytic or diagnostic services to the medical profession or general/specialized medical services that are offered by licensed practitioners.

Microbrewery/microdistillery means a small-scale manufacturing establishment that produces no more than 15,000 barrels (465,000 gallons) of alcoholic beverages per year, and that includes a retail/service component, including sale and consumption of the products produced on-site, that comprises at least 25 percent of the building's gross floor area utilized by the business.

Miniature golf means a golf course consisting of a minimum of 18 miniature golf holes consisting of artificial turf and related entertainment and visual effects. All golf holes shall be approximately 25 to 30 feet long. Ancillary uses may include the following: a sales office and/or shop, coin-operated vending machines and a snack bar.

Mini-warehouse (self-service storage facility/neighborhood storage center) means a building consisting of individual small, self-contained units that are leased, rented or owned for varying periods of time. These units are intended for the storage of business and household goods or contractor's supplies.

Minor household repair establishment means an establishment engaged in minor repairs of household and personal items such as television sets, radios, jewelry, clocks and shoes.

Mobile home means a detached single-family dwelling unit with all the following characteristics:

(1)

Designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems;

(2)

Manifestly designed for transportation after fabrication on streets or highways on its own wheels; and

(3)

Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location of jacks or other temporary or permanent foundations, connection to utilities, and the like. A travel trailer is not to be considered as a mobile home.

Model manufactured home center means premises or a portion of premises designed to display a maximum of six new model manufactured homes per acre with a total aggregate not to exceed 18. Orders will be taken on-site so duplicate or custom-made manufactured homes can be fabricated at a manufacturing facility. Each model manufactured home shall include landscaping, skirting and a furnished interior.

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.

Motion picture theaters (except drive-in) means commercially operated theaters engaged in the indoor exhibition of motion pictures.

Multifamily dwelling means a building containing three or more dwelling units.

Multipurpose facility means a facility that consists of a large flat floor space with oval-shaped portable and permanent seating for such events as sporting and entertainment events, conventions and trade shows.

Museum/art gallery means an establishment engaged in the nonprofit or profit operation of museums and art galleries.

Neighborhood wellness center means a building or a portion of a building that provides to neighborhood residents basic health care services/screenings specializing in preventing illnesses and prolonging life. A neighborhood wellness center shall not include the type of outpatient procedures or concentrate care/testing that occurs in a medical office or clinic.

Newspaper printing facility means an establishment primarily engaged in printing newspapers. Establishments in this industry do not manufacture the stock that they print but may perform post-printing activities, such as folding, cutting, or laminating the materials they print, and mailing.

Nursery farm means an establishment having as the principal purpose of business the production of horticultural products for the purpose of nonretail sales in bulk quantities to persons who intend resale of the products so bought. Horticultural nursery farms do not include horticultural nursery sales.

Open pavilion engagement center means a structure (with or without a continuous wall on at least one side but containing a roof) that includes a waiting/gathering/resting area where services are provided during operation hours to homeless individuals or families. The center may include an enclosed office for staff with a meeting area, open space area outside the structure. shower/bath facilities and laundry facilities. The center shall not include kitchen facilities on-site, but food may be provided during the hours of operation.

Outdoor manufacturing means to make or produce by hand or with machinery, a finished or partially finished product, which process or operation occurs outside of a completely enclosed building.

Packing and crating means an establishment engaged in packing, crating and otherwise preparing goods for shipping.

Park/open space area means a tract of land within the city which is kept for recreation and which is maintained as public property.

Parking garage (or structure) means a commercial multi-level structure for the parking of motor vehicles.

Parking lot means a facility used in providing commercial parking facilities on open air lots.

Pawn shop means a business that lends money at high interest rates in exchange for collateral such as jewelry, electronic items, or anything else that is judged to have a resale value. The pawn shop keeps the collateral, and if the loan is repaid, the item is returned. If the money is not repaid, the item is sold and the pawn shop keeps the proceeds.

Pest control service means an establishment engaged in disinfecting dwellings and other buildings, and in termite, insect, rodent and other pest control, generally in dwellings or other buildings.

Pharmacy means an establishment either:

(1)

Engaged in the retail sale of prescription drugs and nonprescription medicines pursuant to F.S. ch. 465; or

(2)

That is both: (a) licensed, at all times, as a "medical marijuana treatment center" pursuant to F.S. § 381.986, (2017); and (b) operated in accordance with all provisions of such statute and all other statutes or regulations governing the medical dispensation of marijuana pursuant to Florida law. By way of example and not limitation, as the requirements of this subsection are cumulative, any establishment that may have been licensed as a medical marijuana treatment center but is not operated in accordance with Florida law, shall no longer constitute a pharmacy, and hence is no longer a permitted use in zoning districts where pharmacies are permitted.

Photocopying and duplicating services means establishments engaged in reproducing text, drawings, plans, maps or other copy, by blueprinting, photocopying, mimeographing or other methods of duplication other than printing or microfilming.

Photofinishing laboratory means an establishment engaged in developing film and in making photographic prints and enlargements for the trade or for the general public.

Physical fitness center means an establishment engaged in operating health clubs, spas and similar facilities featuring exercise and other active physical fitness conditioning, whether or not on a membership basis. Also included are establishments providing aerobic dance and exercise classes. Such facility includes uses such as game courts, exercise equipment, locker rooms, Jacuzzis and/or saunas, tanning facilities and pro shops.

Playground equipment sales, outdoor means the display and sale of completely assembled and finished playground equipment sets on a continuous basis outside of a completely enclosed building.

Prepackaged software services means an establishment engaged in the design, development and training of prepackaged computer software.

Print shop means a retail establishment that provides duplicating services using photocopy, blueprint and offset printing equipment, including collating of reports.

Private club means those associations of a fraternal or social character not operated or maintained for profit. The term shall not include casinos, nightclubs, bottle clubs or other institutions otherwise operated as a business.

Professional and business office means a building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations. It is characteristic of a professional or business office that retail or wholesale goods are not displayed or delivered from the premises. A professional and business office includes but is not limited to insurance companies, travel and employment agencies, stockbrokers, architects, engineers, attorneys, accountants, real estate agencies, advertising agencies, finance companies and title agencies.

Public transportation terminal means premises, or a portion of premises, occupied by an establishment engaged in providing public use passenger transportation by railway, highway or water, normally for a fee or charge. Public transportation terminals may include maintenance facilities and/or freight transportation, provided such maintenance facilities and/or freight transportation is incidental and accessory to the principal public use of passenger transportation services.

Radio/TV broadcasting facility means an establishment engaged in broadcasting audio and visual programs to the public, as well as the location of transmitters on the property.

RBH retail and services uses refers to permitted uses for the RBH-3 district in article V, division 8 of this chapter.

Recreation facility, indoor means a building used for recreation activities such as basketball, volleyball, soccer, gymnastics and community events.

Recreational vehicle and boat outdoor storage means an open, paved lot in which recreational vehicles, campers or boats on trailers are parked for extended periods of time. Leasing office and/or accessory structures providing covered parking are permitted as are accessory uses such as, dump station, air station, wash bay, and electrical hook-up for the purpose of battery maintenance only. Recreational vehicle park and recreational vehicle sales uses are not permitted.

Recreational vehicle park means land which has been developed for rental of individual sites to accommodate seasonal or other temporary living arrangements (camping, recreational and travel) for recreational vehicles, and may include park models, travel trailers and motor homes.

Recreational vehicle sales means an establishment engaged in the retail sale of new and used motor homes, recreational trailers and campers.

Recycling Center means a facility engaged solely in the processing, resale, or reuse of recovered materials.

Recycling collection point means an incidental use that serves as a neighborhood drop-off point for temporary storage of recoverable resources. No processing of such items would be allowed. This facility would generally be located in a shopping center parking lot or in other public or quasipublic areas, such as churches and schools.

Recycling plant means a facility that is not a junkyard or an automobile wrecking yard and in which recoverable resources, such as newspapers, magazines, books and other paper products, glass, metal products, plastic products, automobile parts and other products are recycled, reprocessed and treated to return such products to a condition in which they may again be used for production.

Repair garage means a building, or portion thereof, other than a private garage or service station, designed or used for repairing, equipping or servicing of motor vehicles, including both minor and major mechanical overhauling, and paint and body work. The definition for a repair garage may also include an establishment contracting with other businesses to maintain (wash, wax, polish, detail and tint) a fleet of vehicles.

Research and testing laboratory means premises, or a portion of premises, occupied by an establishment engaged in research and testing on a commercial basis, normally on a contract basis for a fee or charge, or nonprofit organization primarily engaged in research and the dissemination of information for public health or welfare.

Residence-gallery means a single structure that houses both an antique or art gallery and a residential unit used by the proprietor of that gallery. No more than one employee not living on the premises shall be allowed and no more than 20 percent of the total square footage of the residence shall be allowed for use as a gallery. Parking and signage requirements shall be governed by article IX, division 4 of this chapter.

Residence-office means a single structure that houses an office and a residential unit used by the proprietor of that office. No more than one employee not living on the premises shall be allowed and no more than 20 percent of the total square footage of the residence shall be allowed for use as an office. Parking and signage requirements shall be governed by article IX, division 4 of this chapter.

Restaurant (enclosed) means a building or room, not operated as a dining room with a hotel, where food is prepared and served for pay for consumption on the premises, or for takeout in an enclosed container. A dining room in connection with a hotel is an accessory use. A restaurant is not considered a fast food restaurant or drive-in/through restaurant or refreshment stand.

Roadside fruit and vegetable sales means premises, or a portion of premises, occupied by an establishment engaged in the selling of fruit and vegetables displayed outdoors directly to consumers on the premises and not for resale.

Rooming/boarding house means a building, or portion thereof, having at most one kitchen and used for the purpose of providing meals or lodging, for pay or compensation of any kind to more than two people, other than members of the family occupying such a dwelling. This category shall not include a building defined as a transitional recovery facility (including a halfway house), community work release facility, fraternity or sorority house or community residential home.

Satellite Hospital Emergency Room a facility where medical or surgical care is given to non-ambulatory and ambulatory patients without limitation as to hours of service but not expressly intended for overnight accommodations. These facilities include related activities such as laboratories, outpatient services, training facilities and emergency care services.

Schools, public and private means elementary and secondary schools furnishing academic courses, ordinarily for kindergarten through grade 12. This includes only school-related buildings and grounds. A facility offering only pre-kindergarten and kindergarten education is considered a day care facility.

Security systems service means an establishment engaged in monitoring and maintaining security systems devices, such as burglar and fire alarms. These establishments may also sell or install the security systems which they monitor and maintain.

Self-service station/convenience store means an establishment where motor fuel is pumped into a motor vehicle by a person other than the service station personnel, and may include a retail establishment offering for sale food products prepackaged or prepared when ordered, household items and other goods commonly associated with a grocery store.

Shooting ranges, indoor means an indoor (enclosed by walls and ceiling) target range for practice or competition, which includes one or more firing lane. The instruments that are utilized include, but are not limited to archery equipment, pistols, rifles and shotguns.

Sidewalk cafe means an area adjacent to and directly in front of a street-level eating or drinking establishment located within the sidewalk area of the public right-of-way exclusively for dining, drinking and pedestrian circulation.

Single-family dwelling means a building containing only one dwelling unit.

Single-family (attached) dwelling unit means a building designed for and occupied exclusively by one family which is attached to one or more single-family dwellings along a property boundary.

Specialty retail store.

Apparel and accessory store means an establishment engaged in the sale of apparel and accessory items, such as uniforms, raincoats, sports apparel and umbrellas.

Bookstore means an establishment engaged in the sale of new and used books and magazines.

Camera and photographic supply store means an establishment engaged in the sale of cameras, film, and other photographic supplies and equipment, as well as developing film.

Florist means an establishment engaged in the sale of cut flowers and plants.

Food store means an establishment specializing in the sale of foods such as dairy products, candy, health food, coffee, tea, meats, seafood, fruits and vegetables.

Gift, novelty and souvenir shop means an establishment engaged in the sale of combined lines of gifts and novelty merchandise, souvenirs, greeting cards, holiday decorations and art supplies.

Hobby, toy and game shop means an establishment engaged in the sale of toys, games, and hobby and craft kits and supplies.

Jewelry store means an establishment engaged in the sale of any combination of lines of jewelry, such as rings, bracelets, broaches and watches.

Miscellaneous retail store means an establishment engaged in the retail sale of specialized lines of merchandise, such as stamps, pets, coins and optical items.

Music store means an establishment engaged in the sale of records and prerecorded audiotapes and videotapes and disks.

Shoe store means an establishment engaged in the sale of footwear, including athletic footwear. These establishments also stock accessory items, such as hosiery, gloves and handbags.

Sporting goods store means an establishment engaged in the sale of sporting goods, sporting equipment, and bicycles, bicycle parts and accessories.

Stationery store means an establishment engaged in the sale of stationery, such as paper and paper products, postcards and paper novelties. These establishments may also sell additional lines of office type supplies, such as accounting and legal forms, handbooks, and office forms and supplies.

Speech and language center/school means an establishment associated with a hospital or public or private school that provides speech and language rehabilitation services in a classroom setting to communicatively disabled children and adults. In addition, the establishment may also provide accessory services in the form of outpatient treatment of children and adults recovering from a stroke, head trauma or other injury and disease processes that affect speech and learning functions.

Stable means a building where animals are kept for hire, sale, boarding, riding or show.

Swimming pool sales means an establishment engaged in the retail sale of swimming pools, spas, hot tubs, swimming pool chemicals and accessories. This category includes aboveground swimming pools, spas and hot tubs and in-ground swimming pools, spas and hot tubs.

Swimming pool sales (outdoor sales) means an establishment engaged in the retail sale of swimming pools, spas, hot tubs, swimming pool chemicals and accessories in which some or all of the swimming pools, spas or hot tubs are displayed in an outdoor display area or outdoor display and sales area.

Tattoo or body piercing establishment means an establishment at which:

(1)

The skin of a human body is marked:

a.

By piercing in or otherwise applying coloring matter so as to form indelible or lasting marks or figures; or

b.

By the production of scars; or

(2)

The human body is penetrated, or a hole is made in the human body, to place jewelry or other objects for non-medical purposes. Provided, an establishment at which a mechanized, presterilized ear-piercing system is used to penetrate the outer perimeter or lobe of the ear or both is not a body piercing establishment.

Temporary commercial amusement means a transient activity which does not require the construction of a permanent structure or involve the use of any premises for an extended period of time and which is provided by an establishment engaged in the commercial operation of such activity for a profit, fee, admission charge or other similar means of compensation. Temporary commercial amusements include circuses, carnivals, rodeos and similar promotional enterprises of a transient nature.

Transitional/recovery facility means: (1) a facility providing lodging for persons progressing from treatment or incarceration for alcoholism, drug addiction, criminal conduct, delinquency, mental or emotional illness or similar conditions, with the intention of returning its residents to normal participation in community life; or (2) a building that provides housing and a living environment for persons who have demonstrated a tendency towards alcoholism, drug abuse, anti-social or criminal conduct, and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse (commonly referred to as a "halfway house"). This category shall not include a facility or dwelling defined as an assisted living facility, hospital, medical/dental office, community work release facility, fraternity or sorority house, or community residential home.

Transitional treatment facility means a building that provides housing and a living environment for persons who have demonstrated a tendency towards alcoholism, drug abuse, mental or emotional illness or similar conditions, and is operated to facilitate their reintegration into the community with treatment services including counseling and medically assisted treatment services. This use shall not include a facility or dwelling defined as an assisted living facility, transitional recovery facility, hospital, medical/dental office, community work release facility, fraternity or sorority house, or community residential home.

Truck/freight terminal means a building or area in which freight brought by truck is assembled and/or stored for routing or reshipment, or in which semi-trucks are parked or stored.

Truck rental and sales means an establishment engaged in the short-term or extended-term rental of trucks and semi-trailers or in the sale of trucks and semi-trailers. This category may also include the rental or sale of horse trailers.

Two-family dwelling means a building containing only two dwelling units.

Used merchandise store means an establishment engaged in the sale of used merchandise, antiques and secondhand goods such as clothing and shoes, furniture, books, office furniture, records, and store fixtures and equipment.

Veterinarian office means an establishment in which animals are provided veterinarian services by a trained veterinarian. A veterinarian office may include grooming and boarding facilities.

Videotape store means an establishment engaged in renting recorded videotapes and disks to the general public for personal or household use.

Vocational professional school means an establishment engaged in furnishing non-academic instruction and trade courses.

Warehouse means a building used for the storage of goods and materials.

Wholesale and distribution means a use engaged in storage, wholesale and distribution of manufactured products, supplies and equipment.

(Code 1985, § 7-603; Ord. No. 2275, § 2, 5-5-92; Ord. No. 2309, § 1, 10-6-92; Ord. No. 2317, § 1, 11-17-92; Ord. No. 2344, § 1, 1-5-93; Ord. No. 2401, § 2, 9-7-93; Ord. No. 2402, § 1, 9-7-93; Ord. No. 2403, § 1, 9-7-93; Ord. No. 2428, § 1, 12-7-93; Ord. No. 2513, § 2, 3-21-95; Ord. No. 2522, § 1, 6-6-95; Ord. No. 2547, § 2, 8-15-95; Ord. No. 2608, § 2, 6-11-96; Ord. No. 2659, § 1, 10-22-96; Ord. No. 2730, § 1, 6-3-97; Ord. No. 2751, § 4, 8-19-97; Ord. No. 2801, § 1, 12-9-97; Ord. No. 2872, § 1, 8-11-98; Ord. No. 2911, § 1, 12-9-98; Ord. No. 2959, § 1, 6-15-99; Ord. No. 2960, § 1, 6-15-99; Ord. No. 3048, § 1, 4-18-00; Ord. No. 4066, § 1, 7-24-01; Ord. No. 4073, §§ 4, 5, 8-21-01; Ord. No. 4077, § 1, 8-21-01; Ord. No. 5003, § 1, 11-27-01; Ord. No. 5010, § 1, 12-11-01; Ord. No. 5043, §§ 2, 3, 4-9-02; Ord. No. 5125, §§ 1, 2, 1-20-03; Ord. No. 5179, §§ 1, 2, 7-8-03; Ord. No. 5217, § 1, 2-17-04; Ord. No. 5299, § 1, 6-8-04; Ord. No. 5406, § 2, 7-12-05; Ord. No. 5419, § 2, 8-3-05; Ord. No. 5540, § 1, 6-27-06; Ord. No. 5550, §§ 1, 2, 8-8-06; Ord. No. 5689, § 1, 6-19-07; Ord. No. 5825, § 1, 2-19-08; Ord. No. 5846, § 1, 4-25-08; Ord. No. 5870, § 1, 7-22-08; Ord. No. 5871, § 1, 7-22-08; Ord. No. 5872, § 1, 7-22-08; Ord. No. 2010-29, § 1, 2-16-10; Ord. No. 2011-73, § 1, 8-16-11; Ord. No. 2012-43, §§ 1, 2, 8-21-12; Ord. No. 2013-9, § 1, 1-22-13; Ord. No. 2013-10, § 3, 1-22-13; Ord. No. 2013-80, § 1, 9-17-13; Ord. No. 2014-35, § 1, 6-17-14; Ord. No. 2015-8, § 1, 1-6-15; Ord. No. 2015-51, § 1, 7-21-15; Ord. No. 2016-18, § 1, 2-16-16; Ord. No. 2016-37, § 1, 6-21-16; Ord. No. 2017-15, § 2, 12-20-16; Ord. No. 2017-33, § 1, 3-7-17; Ord. No. 2017-49, § 1, 5-16-17; Ord. No. 2017-59, § 2, 7-18-17; Ord. No. 2018-1, § 1, 10-17-17; Ord. No. 2018-16, § 1, 11-21-17; Ord. No. 2018-17, § 1, 11-21-17; Ord. No. 2018-42, §§ 17—19, 9-25-18; Ord. No. 2020-9, § 1, 12-17-19; Ord. No. 2020-10, § 2, 12-17-19; Ord. No. 2020-20, § 1, 2-18-20; Ord. No. 2021-7, §§ 2, 3, 1-19-21; Ord. No. 2021-50, § 3, 5-18-21; Ord. No. 2021-65, § 2, 8-17-21; Ord. No. 2021-81, § 2, 9-28-21; Ord. No. 2022-32, § 2, 4-19-22; Ord. No. 2022-72, § 3, 8-16-22; Ord. No. 2023-47, § 2, 6-20-23)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of and in the exercise of the power to provide for the public health, safety, morals and general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most specific, or that imposing the higher standards, shall govern.

(Code 1961, § 22-23; Code 1985, § 7-617; Ord. No. 2275, § 3, 5-5-92)

(a)

Violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute an offense. Any person who violates this chapter or fails to comply with its requirements shall, upon conviction thereof, be punished as provided in section 1-9. Each day such violation continues shall be considered a separate offense.

(b)

The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person, who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties provided in this section.

(c)

In order to enforce the provisions of this chapter, the city, in addition to the other provisions of this section, may institute such other appropriate proceedings and actions as may be necessary.

(Code 1961, §§ 22-24, 22-25; Code 1985, § 7-625)

(a)

In establishing the district use definitions in section 122-3, the city has considered the characteristics of uses which make them comparable, compatible or similar to each other. The city recognizes that it is not possible to enumerate and classify every use to which land may be devoted, either now or in the future, and that ambiguity may exist with reference to the appropriate use definition and applicable definition for a particular use.

(b)

In administering and enforcing this chapter pursuant to section 122-31, the building official shall classify particular uses in accordance with the definitions in section 122-3.

(c)

If a particular use does not meet a definition in section 122-3, the building official shall attempt to classify it as the use in section 122-3 that is materially similar to the particular use considering the following factors:

(1)

Similarity of scale and of operational characteristics;

(2)

Similarity of impacts upon and compatibility with adjacent properties;

(3)

Similarity to other uses that are permitted in the district in which the particular use is located or sought to be located, and whether the particular use is more similar to such permitted uses than to uses that are either not permitted or permitted only by special exception; and

(4)

Whether classifying such use as a defined use in section 122-3 would be consistent with the plan and policies codified in this chapter.

(d)

If the building official is unable to classify a particular use pursuant to subsection (c) of this section, the use shall be deemed to be not a permitted use and the building official shall request the planning director to initiate an amendment to this code to create a definition for the use.

(e)

Any person aggrieved by the building official's classification of a use under this section, may appeal such decision to the board of adjustment pursuant to division 5 of this chapter. Provided, however, if a proceeding involving such classification is pending before the municipal code enforcement board or special magistrate, no appeal may be brought to the board of adjustment and the decision of the code enforcement board or special magistrate concerning such classification shall be final.

(Ord. No. 5043, § 4, 4-9-02; Ord. No. 2010-13, § 28, 12-1-09)