The purpose of this section is to set forth the general provisions regulating land use. The provisions established herein shall regulate land use, density and intensity, establish building lot and yard requirements, establish land use districts which identify the location of land uses in the city, establish standards for land use in the city, and provide for a map locating the permitted land uses in the city.

It shall be unlawful to use or occupy, or permit the use or occupancy of any building, premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure in violation of the provisions established herein. Structures or uses in existence prior to adoption of this Code may be maintained, except as follows:

1.

Alteration. A nonconforming structure may be maintained, interior improvements/alterations may be made and repairs, including replacement of certain building elements such as roofs and windows, provided that no change in original external structural configuration occurs, may be made thereon except, that in a structure which is nonconforming as to its use regulations no structural alterations shall be permitted. Alterations or improvements to structures or site in excess of 50 percent or more of the market value of the principal structure shall require compliance with the requirements of this Code.

2.

Extension. Structures or uses of land which are nonconforming shall not be extended or enlarged, nor shall any use be extended so as to occupy additional land area on the same lot or parcel.

3.

Use of land. When a nonconforming use of land has been abandoned, its future use shall conform to the uses permitted in the district in which said land is located.

4.

Restoration. A nonconforming structure which hereafter incurs substantial damage or is destroyed, including demolition, in excess of 50 percent or more of its market value, over a 15-year period beginning from the start of construction of the first improvement, by deterioration, flood, fire, explosion, earthquake, hurricane, tornado, war, riot, or act of God, may not be reconstructed or restored for use except in compliance with the requirements of this Code.

5.

Setbacks. Where structures are nonconforming, in setbacks only, due to the provisions of this Code or the acquisition of a public right-of-way, and said structures conformed to the provisions of a previous code or ordinance, additions may be made to such structures provided the nonconforming setback is not reduced and all other setbacks meet the requirements of this Code.

6.

Abandonment. A nonconforming use of land or a structure which has been vacated or abandoned for 90 days shall not thereafter be occupied by any nonconforming use. Also, the structure(s) and site shall become compliant with all requirements of this Code prior to occupancy. Failure to renew a business tax receipt is evidence of a voluntary action to intentionally abandon the use and/or structure.

7.

Change of use. The change of use of a property shall require compliance with all requirements of this Code.

(Ord. No. 97-1, § 1, 1-21-97; Ord. No. 2011-06, § 2, 7-5-11; Ord. No. 2013-05, § 2, 2-19-13; Ord. No. 2018-03, § 6, 5-1-18)

1.

When two or more adjoining and vacant lots or parcels with continuous frontage and area are under the same ownership at the time of adoption or after adoption of this Code, such lots shall be considered as one tract so as to create one or more lots or parcels which conform to the minimum frontage and area requirements of the district in which they are located.

2.

When an individual lot or parcel has an area smaller than the requirements of the district in which it is located, but was a lot or parcel of record when this Code was adopted, the permitted uses in that district will be allowed to the person(s) who then holds title or beneficial interest in the lot, providing that all requirements, other than building site area, are maintained.

Subparagraph (2), above, shall not apply where two or more lots or parcels adjoin in such a fashion that they should be considered as one lot or parcel when such single lot or parcel would meet all minimum requirements as to area dimension, provided that all the area so considered is under the same ownership.

No lot or parcel existing at the effective date of these regulations shall thereafter be reduced in size, dimension, or area below the minimum requirements set forth herein, except by reason of a portion being acquired for public use in any manner including dedication, condemnation, purchase, and the like. Lots or yards created after the effective date of this Code shall meet at least the minimum requirements established herein.

Setbacks shall be measured as the minimum distance, as established in each zoning district in this section, running from the property line to the building line. For purposes of this measurement the building line shall be considered as the solid vertical wall of the building. The following conditions shall also apply to the measurement of setbacks:

1.

Projections shall not extend farther than three feet into a required yard or setback area.

2.

Wing walls shall conform to the normal setback requirements whenever they exceed the allowable height of a fence.

3.

For determination and measurement of setbacks, corner lots, double frontage lots and through lots shall be considered to have two front yards, one on each street.

Wherever a side or rear lot line in a C-3, L-1, M-1, IPD or MUPD district abuts a railroad right-of-way, a railroad siding track or a railroad easement, the side and rear setback requirements will not apply at the abutting side or rear line and construction of buildings will be permitted up to the abutting side or rear property line. In the C-3, L-1, M-1, IPD and MUPD districts, railroad siding tracks shall be permitted as customary accessory uses and shall also be permitted in these districts when included on a recorded plat as an accessory use to the subdivision.

(Ord. No. 2010-16, § 1, 9-9-10)

The minimum setback distances as established by this section shall be considered to be the minimum yard areas for front, side, and rear yards. Said setback yards shall be open spaces, being unoccupied and unobstructed from the ground upward, with the exception of trees and other natural vegetation, as well as meeting the following:

1.

Sills, eaves, cornices, chimneys, and flues may project into a setback area not more than three feet.

2.

No portion of an alley shall be considered as a part of a required setback.

3.

All residential structures containing less than four dwelling units, and their accessory structures on waterfront lots or parcels, shall be set back a minimum of 25 feet from the mean high-water mark.

4.

In all residential districts no structure shall be permitted, except building additions to the principal building, within the front yard area, not to extend beyond the front setback line.

1.

In any district, no fence, wall, or other obstruction shall be erected or maintained at a corner within 15 feet from the intersection of the right-of-way lines. No fences shall be erected within two feet of the back of public sidewalks. Fences or walls beyond the front building line and extending across the principal front yard in residential districts shall be limited to a maximum height of three and one-half feet. For corner lot residential uses, a fence up to six feet in height may be permitted along the secondary front. The primary front is typically the front from which the property is addressed. The planning official may determine that the principal front is not the front that the property is addressed if the architectural front of the principal building is on the opposite front. Rear and side yard fences shall not exceed a height of six feet. No fence or wall in excess of six feet in height shall be erected in any residential district without the approval of the board of adjustment after a public hearing, except for public utility installations.

2.

All fences and walls shall be so constructed or installed so as to have the smooth, finished surface of said fence or wall facing outward of the area being fenced. No barbed wire fence shall be erected in any residential district. Barbed wire may be used on security fences erected in any commercial or industrial district, or around any public utility in any district, provided such use is limited to a minimum of three strands, a minimum of six feet above the ground. No fences shall be constructed until a permit has been issued.

3.

Every swimming pool shall be protected by a safety barrier approved by the building official. The following shall constitute a sufficient safety barrier:

a.

A screen enclosure known as a birdcage, completely enclosing the pool.

b.

A fence four feet in height or completely surrounding the swimming pool or property and for this purpose, the term "fence" shall be defined as a barrier structure made of materials and constructed in such a manner as to deny access or passage.

c.

Birdcages or fencing shall not encumber easements.

4.

Easements and rights-of-way. No fence or wall may be located within any easement or right-of-way or enclose any water meter box or manhole without approval by the public works director, or their designee, with the following conditions:

a.

Fences may be permitted within drainage or utility easements subject to:

1.

Suitable gates or openings being provided on both sides of the easement which enables access to any utilities, meters or like facilities.

2.

The right of the utility to remove, without cost or obligation to replace or restore, any such fence or wall and landscaping as may be necessary to construct, replace or maintain those utilities located in the easement.

3.

The right of the city to remove the subject fence if it causes negative drainage impacts.

4.

The fence will not negatively impact the ability to maintain infrastructure associated with the easement.

5.

The fence will maintain at least two feet separation from any water line, sewer pipe, sewer line, or other drainage or utility structure.

(Ord. No. 95-01, § 4, 2-7-95; Ord. No. 2022-05, § 2, 5-3-22; Ord. No. 2023-02, § 1, 1-17-23; Ord. No. 2024-10, § 2, 9-3-24)

No building or structure shall hereafter be erected or altered in any manner contrary to the provisions of these regulations, and especially:

1.

To exceed height, bulk, or floor area.

2.

To provide a greater number of dwelling units.

3.

To provide less lot area per dwelling unit or to occupy a smaller lot.

4.

To occupy a greater percentage of the lot area.

5.

To provide narrower or smaller yards, courts, or other open spaces.

6.

To provide for lesser separation between building or structure or portions of buildings or structures.

Chimneys, water, fire, radio, television and cellular telephone towers, smokestacks, flagpoles and similar structures and their necessary mechanical appurtenances may be erected above the height limits herein established; however, the heights of these structures or appurtenances thereto shall not exceed the height limitations prescribed by the Federal Aviation Agency within the flight approach zone patterns of airports.

Plans for construction shall be approved by the FAA prior to submittal to the planning division for site plan approval.

1.

A detached accessory structure shall not be closer than five feet to the main structure, nor closer than five feet to any other accessory structure on the same lot or parcel, except as may be permitted in the R-6 zoning district. In all residential districts, a detached accessory structure shall not be closer than five feet to any property line on the lot.

2.

In all residential districts no detached accessory structure shall be located in the front yard of a lot or parcel.

(Ord. No. 2024-17, § 3, 10-15-24)

In residential areas all utility stations shall be fenced or enclosed within a structure, and no part of any structure (or fence) shall be less than 22 feet from a property line of an abutting street, lot, or parcel.

There shall be a minimum distance of 15 feet between any two detached dwelling structures on the same lot or parcel.

No part of a required yard or other required open space, required off-street parking, or off-street loading space, provided in connection with one building, structure, or use, shall be included as meeting the requirements for any other building, structure, or use, except where specific provision is made in this Code.

a.

All multifamily structures shall be of types I, II, III, IV and V construction as such construction is defined by the 2001 edition of the Florida Building Code and all other provisions of chapter 3 of the Florida Building Code shall be complied with as to such multifamily construction. For purposes of this section, the term "multifamily structure" shall be defined as three or more dwelling units contained on one structure or structurally attached together. Type VI construction may be allowed with the installation of an approved automatic sprinkler system.

b.

Multifamily structures, except single family attached dwellings, of six or more dwelling units contained in one structure or building having two or more habitable floors shall require accessibility, as defined in the 2001 edition of the Florida Building Code. Such accessibility shall be designed so as to accommodate a stretcher operating in the horizontal position.

(Ord. No. 2002-10, § 1, 6-4-02)

It shall be a public nuisance and unlawful for any person to house, keep or maintain any livestock, or any other grazing animals, within any residential areas or zoning districts within the corporate limits of the city, except as is permitted in section 5.4.1.3(7).

(Code 1980, § 4-31)

Medical marijuana treatment center dispensing facilities are prohibited within the city limits.

(Ord. No. 2017-17, § 2, 11-21-17)