For the purposes of this ordinance, the terms and words herein shall be interpreted as follows, unless otherwise expressly stated:

(a)

Words in the present tense shall include the future tense.

(b)

The words "persons," "owner," or "developer" includes an individual person, a profit or nonprofit corporation, company, partnership, association, or governing body.

(c)

Words used in the singular shall include the plural.

(d)

The words "used" or "occupied" as applied to any land or building include the words "intended, arranged or designed to be used or occupied".

(e)

The word "lot" includes the words "plot" or "parcel".

(f)

The word "building" includes structure.

(g)

The words "shall" and "will" are always mandatory.

(h)

The word "may" is permissive.

(i)

Words not defined in section 3.2 shall have the meaning commonly assigned to them.

Unless otherwise expressly stated, for the purposes of this code, the following words, terms and phrases shall have the meaning herein indicated.

Abut: To physically touch or border upon; or to share all or part of a common lot line or parcel of land.

Accessory: Having a subordinate function. See also Building, accessory; Structure, accessory; and Use, accessory.

Adult entertainment establishment: Those business operations whose primary business is to provide adult entertainment predominantly involving "specified sexual activities" or "specified anatomical areas". Such establishment shall include, but shall not be limited to, cabarets, adult bookstores, adult theaters, and adult photographic studios, which terms are more specifically defined as follows:

(a)

Adult bookstore: An establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals, printed matter, films, video tapes or photographic materials, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".

(b)

Adult theater: An enclosed building or an enclosed space within a building used for presenting either filmed or live material or performances which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

(c)

Adult photographic studio: Any establishment which offers or advertises the use of its premises for the purpose of photographing or exhibiting "specified sexual activities" or "specified anatomical areas".

(d)

Cabarets:

(1)

Any bar, dancehall, restaurant or other place of business at which food or beverages are served, which features nude dancing, topless or bottomless dancers, strippers or similar entertainers, topless waitresses; or

(2)

Any such establishment which is advertised or identified through the use of a sign or signs employing the words "Adult", "Topless", "Bottomless" or other words of similar import; or

(3)

Any such establishment which provides adult entertainment involving the exposure of "specified anatomical areas."

(e)

Specified sexual activities is defined as:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy;

(3)

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

(f)

Specified anatomical areas is defined as:

(1)

Less than completely and opaquely covered:

a.

Human genitals or pubic region,

b.

Buttocks, or

c.

Female breast below a point immediately above the top of the areola; and

(2)

Human male genitals in a discernibly erect state, even if completely and opaquely covered.

Adjacent: A lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land. Adjacent shall also include any property separated by a public or private right-of-way.

Agriculture: The use of land for farm and truck gardens and maintaining bovine and equine animals not exceeding two (2) farm animals per acre.

Agricultural commodity: Any and all agricultural, horticultural (including floricultural), viticultural, fruit, citrus and vegetable products produced in this state.

Alcoholic beverages: Those beverages containing more than one (1) percent of alcohol by weight including, but not limited to, beer, wine, malt beverages, liquor and distilled spirits.

Alley: A public right-of-way that is intended to provide only a secondary means of access to abutting property and not intended for general traffic circulation.

Alteration: Any physical change to a building, structure, or site, including, but not limited to, access, size, floor area, height, projections, rearrangement or moving of parts.

Amusement park: A permanent facility with rides and other devices for entertainment.

Animal hospital: Any structure and land used for the medical and surgical care of ill, injured or disabled animals and the housing or boarding of domestic animals.

Bed and breakfast home: A dwelling unit or portion thereof where, for compensation, guest lodging, rooms, and meals are provided. The operator of the bed and breakfast shall live in the dwelling unit or in an adjacent dwelling unit.

Boarding/rooming house: A building or group of buildings containing in combination three (3) or more lodging units intended primarily for rental or lease for a period of longer than one (1) week, with or without board.

Body shop, automotive: Automotive body work, straightening of frames or body parts, steam cleaning, painting, welding, storage of automobiles not in operating condition for a reasonable period of time during which they are actively being restored to operating condition.

Building: Any structure, having a roof, designed or intended for the support, enclosure, shelter, or protection of persons, animals, or property.

Building, accessory: A subordinate building or a portion of the main building on a lot, the use of which is customarily incidental to that of the main or principal building.

Building, principal: A building, or where the context so indicates, a group of buildings in which is conducted the principal use of the lot on which such building(s) is located.

Business services: An establishment offering primarily services to the business community and to individuals. Such services include, but are not limited to, advertising agencies, blueprinting and photocopying services, interior cleaning services, computer and data processing services, detective agencies and security services, insurance agencies, management consulting and public relations services, news syndicates, personnel services, financial services (other than banks), and real estate services.

Certificate of concurrency: The certificate issued by the City of Palmetto upon finding that an application for a building permit will not result in the reduction of the level of service standards set forth in the comprehensive plan for public facilities and services.

Certificate of occupancy: A document issued by an authorized official setting forth that land, a building or structure legally complies with the Palmetto Building Code, this code and other pertinent local and state requirements and that the same may be used for the purpose stated therein.

Child care center: Any establishment that provides on a regular basis supervision and care for more than five (5) children unrelated to the operator for a period of less than twenty-four (24) hours a day and which receives a payment, fee or grant for any of the children receiving care and whether or not operated for profit, except that the following are not included: public school and nonpublic schools which are in compliance with the compulsory school attendance law, Chapter 232, Florida Statutes; summer camps having children in full-time residence; summer day camps; and Bible schools normally conducted during vacation periods. The term includes kindergartens, nurseries, nursery schools, day care centers and day nurseries.

Church/synagogue: Tax exempt buildings used for nonprofit purposes by a recognized and legally established sect for purpose of worship, including educational buildings when operated by such church/synagogue.

Commercial apartment: A dwelling unit that is located within the same structure; above or side by side with commercial retail, service or office uses.

Commercial vehicle: Any vehicle which meets or exceeds one or more of the following:

(a)

Has a gross vehicle weight of ten thousand (10,000) pounds/five (5) tons as determined using vehicle specifications or as described below;

(b)

Has a width of eight (8) feet, as determined using vehicle specifications (excluding side mirrors and wheel wells/fenders);

(c)

Has a height of ten (10) feet as measured from the ground to the highest point of the vehicle (excluding air conditioning units or other similar accessories);

(d)

Has a length of twenty-four (24) feet as measured using vehicle specifications, or as described below;

(e)

Is designed to transport more than fifteen (15) passengers, including the driver; or

(f)

Is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act, as amended, 49 U.S.C. Section 1801 et seq.

The term "commercial vehicle" includes trailers, regardless of whether a trailer is attached to a vehicle, and does not include recreational vehicles or motor homes. If no specifications are available, trailer dimensions are measured from the outside of the box and do not include the tongue, V-nose, wheel wells, fenders, or accessories.

Comprehensive plan: The City of Palmetto Comprehensive Plan adopted by Ordinance No. 368B [Code Section 23-3] on May 15, 1989 by the city commission pursuant to F.S. chapter 163, part II, as said plan may be amended from time to time.

Concurrency determination: An evaluation of the available capacity minus the demand of the proposed project. This determination will be made during the development permit application procedure. However, a draw-down of facility capacity and a certificate of concurrency will be issued only when a building permit is issued.

Concurrency facilities and services: Public facilities and services for which level of service standards have been established in the comprehensive plan:

(a)

Potable water.

(b)

Wastewater.

(c)

Solid waste.

(d)

Recreation/open space.

(e)

Stormwater management.

(f)

Transportation.

Concurrency management system: The procedures and processes utilized by the City of Palmetto to determine that development permits, when issued, will not result in the reduction of the level of service standards set forth in the comprehensive plan.

Conditional use: A use which is not permitted as a matter of right in a zoning district but which is permitted only where approved by the Palmetto City Commission and where such use complies with the conditional use standards set forth in the Palmetto Zoning Ordinance and Ordinance No. 196, as amended.

Congregate living facility: Any building, buildings, section of a building, or distinct part of a building, residence, private home, boardinghouse, home for the aged or other place, whether operated for profit or not, which undertakes through its ownership or management to provide for a period exceeding twenty-four (24) hours housing, food services, and one (1) or more personal care services (as defined by this code) to persons not related to the owner or operator by blood, marriage, or adoption. Said use shall be licensed, certified or approved by the state department of health and rehabilitative services.

Such facilities shall contain congregate kitchen, dining and living areas only, with separate sleeping rooms. Further, such facilities shall not be used for those persons in need of a structured environment. For purposes of this code, congregate living facilities shall not be deemed to include boarding/rooming houses; fraternities sororities; monasteries; convents; hotels/motels; professional residential facilities; or nursing, convalescent and extended care facilities.

Cultural facility: The use of land, buildings or structures to provide educational and informational services to the general public, including, but not limited to, art galleries, museums, and libraries.

Density: The number of dwelling units per square measure of land, usually in acreage or number of feet. For purposes of this code, density shall be gross.

Development: Any construction, reconstruction or any use of real property which requires issuance of a development permit.

Development permit:

(a)

Building permit.

(b)

Commercial site plan review.

(c)

Rezonings.

(d)

Subdivisions.

(e)

Conditional use.

(f)

Development orders for developments of regional impact, as defined in Section 380.06, Florida Statutes.

Domestic vehicle: Any vehicle licensed as a private vehicle for operation on streets or waterways and may include, but not be limited to automobiles, private pickup trucks, and vans, and private pleasure craft.

Drinking establishment: An establishment where alcoholic beverages are obtainable within or thereon and where such beverages are consumed on the premises. If the facility also sells food, and the sale of food products represents more than fifty (50) percent of the facility's total sales, the facility shall be considered an eating establishment.

Dry-cleaning plant: An establishment engaged in providing laundry, dyeing and dry-cleaning services on a large scale for institutions, businesses or other such establishments.

Dry cleaners: An establishment engaged in providing laundry, dyeing and dry-cleaning services to individual customers.

Dry cleaners, small: An establishment engaged on a small scale in providing laundry, dyeing and dry-cleaning services to individual customers which employs not more than five (5) persons. The maximum number of employees shall not exceed five (5) persons on any shift.

Dwelling, multi-family: A structure containing three (3) or more attached dwelling units either stacked vertically above one another, or attached by side and rear walls, or both.

Dwelling, single-family attached: A structure containing three (3) or more dwelling units with both side walls (except end units of building) attached from ground to roof (i.e., townhouse).

Dwelling, single-family detached: A structure containing one (1) dwelling unit with open space on all sides.

Dwelling, single-family: Where used in this code, it shall mean single-family attached and single-family detached.

Dwelling, two-family: A structure containing two (2) dwellings attached by a common side or rear wall.

Dwelling unit: A room or group of rooms forming a single independent habitable unit used for, or intended to be used for living, sleeping, sanitation, cooking, and eating purposes by one (1) family only; for owner occupancy or for rental, lease, or other occupancy on a weekly or longer basis; and containing independent kitchen, sanitary and sleeping facilities.

Easement: Any strip of land created for public or private utilities, drainage, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude.

Eating establishment: Any establishment whose principal business is the sale of food, frozen desserts or beverages to the customer in a ready-to-consume state.

Sit-down eating establishments are those at which food and/or beverages are served by waitresses or waiters to patrons seated at booths or tables.

Walk-in/drive-in eating establishments are those at which the customers receive, but do not consume, the food and/or beverages at a counter, bar, or from a drive-in window.

Family: Any number of people related by blood, marriage or adoption or not more than five (5) unrelated persons living together as a single housekeeping unit, using a single facility in a dwelling unit for culinary purposes. The term "family" shall not be construed to include a fraternity or sorority, club, rooming house, institutional group or the like.

Family day care home: A residence within which child care and supervision is provided for no more than five (5) children, unrelated to the caregiver, for less than a twenty-four-hour period.

Farm animal: Animals that are useful to man, including, but not limited to, dairy animals; poultry; or livestock, including beef cattle, sheep, swine, horses, mules, or goats.

Farm worker housing: Shall include "migrant labor camps" and "residential migrant housing", as those terms are defined in F.S. § 381.008, as may be amended. Notwithstanding the foregoing, the term "farm worker housing" shall not include a single-family detached dwelling unit which is not under the same ownership, management or control as any adjacent property which is used for farm worker housing.

Funeral home: A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

Garage, private residential: A structure which is accessory to a residential building and which is used for the parking and storage of vehicles owned and operated by the residents thereof, and which is not a separate commercial enterprise available to the general public.

Garage, public: A building, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.

Gas station: An establishment where gasoline and/or diesel fuel is supplied and dispensed at retail and where no servicing or repair of vehicles is permitted. Convenience goods may be sold at such facilities but the sales shall be accessory to the sale of gasoline or diesel fuel.

Golf club: A recreational facility containing a golf course and may contain accessory uses such as offices, a pro shop, locker rooms and golf cart rental.

Golf course: A tract of land for playing golf, improved with tees, greens, fairways, and hazards.

Hazardous waste: As defined at 40 CFR 261.3, a waste, or a combination of wastes, which because of its quantity, concentration, physical, chemical, or infectious characteristics may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or may pose substantial present or potential hazard to human health or the environment when improperly transported, disposed, stored, treated or otherwise managed.

Height: The vertical distance of a building measured from the average elevation of the proposed finished grade within twenty (20) feet of the structure to the highest point of the roof.

Home occupation: An occupation conducted as an accessory use in a dwelling unit in a manner clearly incidental and accessory to the residential use. (See section 6.12 for regulations.)

Hospital: An institution providing physical and/or mental health services; primarily human inpatient medical or surgical care for the sick and injured. Hospitals may also include related facilities such as laboratories, outpatient services, training facilities, central service facilities, emergency services and staff offices.

Hotel or motel: A building or group of buildings containing lodging units intended primarily for rental or lease to transients by the day or week, and providing additional services such as restaurants, meeting rooms and recreation facilities.

Junk: Any worn, cast-off or discarded article or material which is ready for destruction or which has been collected or stored for sale, resale, salvage or conversion to some other use.

Junkyard: The use of more than one thousand (1,000) square feet of the area of any lot for the storage, keeping or abandonment of junk, including scrap material from the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof. A "junkyard" shall include an automobile or motor vehicle graveyard. (See section 6.13 for regulations.)

Laundromat: An establishment providing washing, drying and/or dry-cleaning machines on the premises for rental use to the general public for family laundering or dry-cleaning purposes.

Loading, off-street: Space located outside of any street right-of-way or easement and designed to accommodate the temporary parking of vehicles used for bulk pickups and deliveries.

Lot: A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit.

Lot area: The total area within the lot lines of a lot, excluding any street right-of-way.

Lot, corner: A lot or parcel of land abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.

Lot line: A line that marks the boundary of a lot.

Lot line, interior: Any lot line that is not a street lot line; a lot line separating a lot from another lot.

Lot line, street: Any lot line separating a lot from a street right-of-way or general access easement. Where a lot line is located within such street right-of-way or easement, the right-of-way or easement boundary adjacent to the lot shall be considered the street lot line.

Lot of record: A lot which is part of a subdivision, the plat of which has been recorded in the office of the clerk of the circuit court of Manatee County, or any parcel of land, whether or not part of a subdivision, that has been officially recorded by a deed in the office of the clerk, provided such lot was of a size which met the minimum dimensions for lots in the district in which it was located at the time of recording or was recorded prior to the effective date of zoning in the area where the lot is located.

Lot width: A horizontal distance measured along a straight line connecting the points where the minimum front yard line meets the interior lot lines or, if on a corner, the other front yard line.

Manufacturing, processing and assembling: The mechanical or chemical transformation of materials or substances into new products. The land uses engaged in these activities are usually described as plants, factories, or mills and characteristically use power-driven machines and materials handling equipment. Establishments engaged in assembling component parts of manufactured products are also considered under this definition if the new product is neither a fixed structure nor other fixed improvement. Also included is the blending of materials such as lubricating oils, plastics, resins or liquors.

Marijuana: The meaning given cannabis in F.S. § 893.02(3).

Marinas: A facility for storing either dry or wet or a combination of both, servicing, fueling, berthing and securing and launching of private pleasure craft which may include the sale of fuel and incidental supplies for the boat owners, crews and guests. Boats available for charter or rental are included in the phrase "private pleasure craft." Boat sales, as an accessory use, are permitted.

Medical marijuana treatment center dispensing facility: Any treatment center, entity, establishment, or portion thereof, which lawfully acquires, cultivates, possesses, processes, transfers, transports, sells, distributes, dispenses or administers marijuana, products containing marijuana, related supplies, or educational materials to qualified patients or their caregivers and is registered by the state as a medical marijuana treatment center dispensing facility.

Migrant farm worker: Any person employed or engaged in the planting, cultivation or harvesting of agricultural crops or packing of harvested agricultural commodities who is not indigenous to or domiciled in, the locale where so employed or engaged.

Mobile home: A manufactured structure, transportable in one (1) or more sections, which is at least eight (8) feet in width and thirty-two (32) feet in length and built on an integral chassis and designed to be used as a dwelling unit, with or without a foundation, connected to the required utilities.

Mobile home subdivision: A parcel of land which has been planned and improved for the placement of mobile homes for nontransient use.

Mobile vendors: Mobile vendors are those persons or businesses selling goods or services to the general public from a location which can be moved from time to time, including, but not limited to, vehicles, trailers, push carts and tents.

Motor vehicle repair—Minor.

(1)

Sale and service of spark plugs, batteries, and distributor and ignition system parts.

(2)

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

(3)

Replacement of mufflers, tail pipes, water hoses, fan belts, brake fluids, lightbulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease retainers, wheel bearings, mirrors and the like.

(4)

Radiator cleaning, flushing, and fluid replacement.

(5)

Greasing and lubrication.

(6)

Providing and repairing fuel pumps, oil pumps, and lines.

(7)

Minor adjustment and repair of carburetor.

(8)

Emergency repair of wiring.

(9)

Adjusting brakes and installing exchange brake shoes.

(10)

Minor motor adjustment not involving removal of the head, engine, transmission, rear end, or crankcase and grinding valves.

(11)

Wheel balancing.

(12)

Battery recharging.

(13)

Warranty maintenance and safety inspections.

(14)

Other minor servicing of a similar intensity to those listed above.

Motor vehicle repair—Major: Any automotive repairs or servicing not listed under "Minor," above, including, but not limited to, body shops.

Nonconformities: Those characteristics of the property, structure or use which are not permitted in the schedule of permitted uses or do not conform to the schedule of area, height, bulk and placement regulations or other provisions of this code but were legal at the time they were established.

Nursery: Land devoted to the raising of plants, trees, and shrubs for personal use, wholesale use, wholesale sale, or sale to individuals. A nursery shall not include the sale of fertilizers, mulch, tools, pots, or any other such items.

Nursing, convalescent or extended care facility: Any facility which provides nursing services, as defined in Chapter 464 of the Florida Statutes. Facility means any institution, building, residence, private home, or other place, whether operated for profit or not, including those places operated by a county or municipality, which undertakes through its ownership or management to provide nursing care, personal care, or custodial care for persons not related to the owner or manager by blood or marriage, who for reason of illness, physical infirmity, or advanced age require such services. Use does not include any place providing care and treatment primarily for the acutely ill.

Office, business or professional: An establishment offering services or knowledge to the business community or to individuals. Such activities would include, by way of illustration, accounting, brokerage, insurance, physician, lawyer, dentist, architect and psychologist.

Open space: Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

Open space, common: Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.

Open storage: The storage outside of a building, or within buildings with less than three (3) sides, of materials; supplies; merchandise; equipment; commercial, recreational, or domestic vehicles, boats and like items, but excluding junk.

Opioids: Any morphine-like synthetic narcotic that produces the same effects as drugs derived from the opium poppy (opiates), such as pain relief, sedation, constipation and respiratory depression.

Pain management clinic: A publically or privately owned clinic, facility or office, which advertises in any medium for any type of pain management services, or the physicians, staff or employees of such clinic, facility or office, prescribe or dispense pain medication including, but not limited to, opioids, fentanyl, hydrocodone, morphine and oxycodene. The following shall not be considered pain management clinics:

(1)

Any clinic licensed by the state health department as a facility pursuant to F.S. ch. 395;

(2)

A clinic where the majority of the physicians who provide services primarily provide surgical services;

(3)

A clinic that is owned by a publicly held corporation whose shares are traded on a national exchange or on the over-the-counter market and whose total assets at the end of the corporation's most recent fiscal quarter exceeded fifty million dollars ($50,000,000.00);

(4)

A clinic that is affiliated with an accredited medical school at which training is provided for medical students, residents, or fellows;

(5)

A clinic that does not prescribe or dispense controlled substances for the treatment of pain; or

(6)

A clinic that is owned by a corporate entity exempt from federal taxation under 26 U.S.C.s. 501(c)(3); or

(7)

The clinic is wholly owned by one or more board-eligible board certified anesthesiologists, physiatrist, rheumatologist or neurologist; or

(8)

The clinic is wholly owned and operated by a physician multispecialty practice where one (1) or more board certified medical specialist who also have completed fellowship in pain medicine by the Accreditation Council for Graduate Medical Education, or who are also board certified in pain medicine by the American Board of Pain Medicine, or board approved by the American Board of Medical Specialties, the American Association of Physician Specialists, or the American Osteopathic Association and perform interventional pain procedures of the type routinely billed using surgical codes.

Parking, accessory: Any garage, carport, or surface level lot designed to accommodate the parking of motor vehicles on the same lot as the principal use.

Parking, off-street: Space located outside of any street right-of-way or easement and designed to accommodate the parking of domestic vehicles.

Parking, principal: Any garage or surface level lot used as the principal use of the property, whether it operates for commercial or private purposes.

Personal services: An establishment that primarily provides neighborhood services generally involving the care of a person or person's apparel, which are located near residential areas as well as the workplace for regular and convenient use. Personal services include, but are not limited to, barbershops, beauty salons, seamstress shops, shoe repair and shining shops, laundry pick-up facilities, coin-operated laundry, fitness centers and health clubs, private exercise and dance classes, and karate and martial arts instruction.

Place of assembly: A place designed to accommodate the assembly of persons attending athletic events, musical performances, dramatic or dance performances, speeches or ceremonies, and other such entertainment events, and including, but not limited to, coliseums, athletic centers, concert halls, and auditoriums.

Planned development: Land under unified control to be planned and developed as a whole in a single development operation or a definitely programmed series of development operations or phases. A planned development includes principal and accessory structures and uses substantially related to the character and purposes of the planned development. A planned development is built according to general and detailed plans which include not only streets, utilities, lots and building location, and the like, but also site plans for all buildings, as they are intended to be located, constructed, used, and related to each other, uses and improvements on the land as related to the buildings. A planned development includes a program for the provisions, operations, and maintenance of such areas, facilities, and improvements as will be for common use by some or all of the occupants of the planned development district, but which will not be provided, operated, or maintained at general public expense.

Porch: A roofed open area, which may be glazed or screened, usually attached to or part of, and with direct access to or from, a building.

Printing, heavy: Those uses that do printing, book publishing, perfect (glue) book binding, magazine publishing, lithography or any other type of publishing or printing with use of heavy chemicals with no size limitation.

Printing, light: Those uses that do photocopying, printing, staple binding, etc. on a small scale in a building no larger than five thousand (5,000) square feet, with no use or storage of noxious chemicals or noise that may affect adjacent properties.

Printing, medium: Those uses that do photocopying, printing, binding, etc. on a medium scale in a building no larger than fifteen thousand (15,000) square feet, with no use or storage of noxious chemicals.

Private pleasure craft: A vessel which is privately owned or leased primarily for recreational purposes. Private pleasure craft do not include commercial, official, or scientific vessels.

Public facilities: The use of land, buildings or structures for uses such as, but not limited to, public services facilities and public use facilities.

Public service facility: The use of the land, buildings, or structures by a public utility, railroad, or governmental agency, including water treatment plants or pumping stations, sewage treatment plants or pumping stations, substations, telephone exchanges, resource recovery facilities, and other similar public service structures, but not including land, buildings, or structures devoted solely to the storage and maintenance of equipment or equipment and materials.

Public use facility: The use of land, buildings, or structures by a municipal or other governmental agency to provide protective, administrative, social, and recreational services directly to the general public, including police and fire stations, municipal buildings, and any other public facility providing the above services, but not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and not including public cultural facilities or public service facilities.

Radio or television receiving antenna and dish, accessory: An antenna or dish designed for the aboveground reception of airborne radio or television signals and serving only the needs of the occupants of a single building or of a single residential development.

Recreation and amusement services: A commercial facility providing recreational activities, including, but not limited to, swimming clubs, tennis clubs, gymnasiums, amusement parks and arcades, discotheques, bowling alleys, bingo halls, baseball hitting ranges, miniature golf, golf driving ranges, billiards or pool halls, skating rinks, zoos, indoor movie theaters, shooting ranges and other similar recreation and amusement uses.

Recreational vehicle: A vehicular-type portable structure without permanent foundation, which can be towed, hauled or driven, and primarily designed as temporary living accommodation for recreational, camping and travel use and including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes.

Restaurant: To determine whether a "restaurant" is a bona fide restaurant for the purposes of this chapter, such restaurant must:

a.

Contain all necessary equipment for the service of full-course meals;

b.

Serve full-course meals regularly and at all times such restaurant is open for business;

c.

Derive at least fifty-one (51) percent of its gross revenue from the sale of food and nonalcoholic beverages. The restaurant shall maintain records regarding the purchase and sale of alcoholic beverages and the purchase and sale of food and nonalcoholic beverages in accordance with the rules and regulations of the division of alcoholic beverages and tobacco of the department of business regulation;

d.

Primarily advertise and hold itself out to the public to be a place where meals are served;

e.

Contain necessary tableware, seating and dining room equipment to handle the seating capacity found within the restaurant;

f.

Employ such number and types of employees for serving full-course meals to guests; and

g.

Have as its primary operation the serving of meals and not the sale of alcoholic beverages.

Retail: The use of land, buildings or structures for the sale of merchandise to the consumer of the merchandise.

Retail sales, convenience goods: Commercial establishments that generally serve the day-to-day commercial needs of a residential neighborhood, including, but not limited to, convenience stores, tobacco shops, newsstands, bakeries, candy, nut and confectionery stores, delicatessens, dairy products, meat and seafood markets, produce markets, and eating establishments.

Retail sales, shoppers' goods: Commercial establishments that, in addition to serving day-to-day commercial needs of a community, also supply the more durable and permanent needs, including, but not limited to, apparel and footwear stores, appliance repair and sale stores; art supplies stores; automotive supply stores; book and stationery stores; camera and photography supplies stores; department stores; discount stores; drugstores, drinking establishments; farm supplies stores; florists; furniture and home furnishing stores; gift shops; gun and ammunition sales; hardware stores; hobby, toy, and crafts stores; jewelry stores; lawn and garden supply stores; musical instruments and supply stores; novelty and souvenir shops; office equipment stores; optician and optical supplies stores; paint and wallpaper stores; pet shop; radio and television sales and repair stores; sporting goods stores; supermarkets; trading stamps redemption stores; and variety stores.

Roadside stand: Structures located along roadways but outside of the right-of-way that are used for the display and sale of fruits, vegetables, and similar food products.

School: A facility which is in compliance with the compulsory school attendance law, Chapter 232, Florida Statutes, and provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high schools, and high schools.

Service station: An establishment where gasoline and/or diesel fuel is supplied and dispensed at retail and where, in addition, services may be rendered and sales made accessory to the sale of gasoline and/or diesel fuel.

Uses permissible at a service station do not include body work, straightening of body parts; painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in service stations.

Setback: The required minimum horizontal distance between the building line and the related front, side or rear property line.

Setback line: That line that is the required minimum distance from the street right-of-way or any other lot line that establishes the area within which the principal structure must be created or placed.

Stable, private: A building, structure or area for the housing of farm animals including accessory facilities, but not including rental or commercial boarding.

Stable, public: A building, structure or area for the housing or farm animals including accessory facilities, other than a private stable, and including riding academies and private riding clubs.

Story: The portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.

Street, public A dedicated and accepted right-of-way maintained by the City of Palmetto, Manatee County or the State of Florida and providing access to adjacent property.

Street, private: A roadway, not dedicated to the public, providing primary access to adjacent properties and meeting the regulations of the City of Palmetto for private street development.

Structural alteration: Any change, except for repair or replacement, in the supporting members of a structure, such as, but not limited to, bearing walls, columns, beams, or girders.

Structure: Anything constructed or erected which requires location on the ground or attachment to something having a fixed location on the ground, including, but not limited to, principal accessory buildings, signs, fences, walls, bridges, monuments, flagpoles, antennas, transmission poles, towers, and cables.

Structure, accessory: A subordinate structure detached from, but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure. An accessory structure(s) shall not occupy more than forty (40) percent of the lot area.

Structure, principal: A structure or, where the context so indicates, a group of structures in or on which is conducted the principal use of the lot on which such structure is located.

Swimming club: A recreational facility containing one (1) or more swimming pools and may contain accessory uses such as diving facilities, administrative offices, or locker rooms.

Tennis club: A recreational facility containing one (1) or more tennis courts and may contain accessory uses such as administrative offices, or locker rooms.

Theater: A building or part of a building devoted to the showing of moving pictures or theatrical productions on a paid admission basis.

Theater, outdoor drive-in: An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.

Use: The specific activity or function for which land, a building, or a structure is designated, arranged, occupied, or maintained.

Use, accessory: A use on the same lot or in the same structure with, and of a nature and extent customarily incidental and subordinate to, the principal use of the lot or structure. The accessory use shall not occupy more than forty (40) percent of the net floor area in the principal structure(s).

Use, principal: The primary use and chief purpose of a lot or structure.

Variance: A relaxation by the board of adjustment of the dimensional regulations of this code where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of this code would result in unnecessary and undue hardship.

Vehicle repair: An establishment whose principal use is the service, repair, and/or painting of any vehicle such as an automobile, ambulance, boat, farm machinery, motorcycle, motor home, truck or travel trailer.

Visibility triangle: The triangular area formed by the intersection of two (2) roadways or by a roadway and driveway that must be free from obstructions (refer to section 5.4).

Warehouse: A building or group of buildings for the storage of goods or wares belonging either to the owner of the facility or to one (1) or more lessees of space in the facility or both, with access to contents only through management personnel.

Warehouse, distribution: Establishments engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional business users or to other wholesalers.

Warehouse, mini: A building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized and controlled access stalls or lockers for the storage of goods belonging to the individual lessees of the stalls and accessible to the lessees through individual doors.

Warehouse, shippers: A building or group of buildings for the storage or transfer of goods or wares not owned by the owner or lessor of the facility.

Yard: An open space unoccupied and unobstructed by any structure or portion of a structure from thirty-six (36) inches above the general ground level of the graded lot upward (except as otherwise provided by these regulations), provided, however, that fences and walls may be permitted in any yard subject to height limitations established herein, and chapter 7, article VIII of the Palmetto Code of Ordinances, and further provided that poles, posts, and other customary yard accessories, ornaments, and furniture shall be permitted in any required yard, if they do not constitute substantial impediments to free flow of light and air across the yard to adjoining properties.

Yard, front: A yard extending along the full width of a front lot line between side lot lines and from the front lot line to the front building line in depth. On an interior or a corner lot, the yard(s) abutting a street, or on a through lot the yard abutting the street providing the primary access to the lot, or on a flag lot the interior lot line most parallel to and nearest the street from which access is obtained.

Yard, rear: A yard extending across the full width of the lot and lying between the side lot lines. The rear yard shall be at the opposite end of the front yard.

Yard, side: A yard extending along the side of a lot between the front yard and the rear yard except on corner lots where the side yard is the yard along any interior lot line which intersects with a street lot line.

Zoning districts: Areas of land or water whose boundaries are indicated on the official zoning atlas, within which all properties are regulated by the general regulations of this code and the specific regulations of the individual district.

(Ord. No. 420, §§ 1—3, 8-6-90; Ord. No. 444, § 2, 11-19-90; Ord. No. 517, § 1, 6-20-94; Ord. No. 618, § 1, 8-3-98; Ord. No. 01-706, § 1, 4-16-01; Ord. No. 04-828, § 2, 12-6-04; Ord. No. 05-862, § 2, 8-29-05; Ord. No. 09-999, § 2, 9-28-09; Ord. No. 2011-10, § 2, 4-4-11; Ord. No. 2012-07, § A, 8-6-12; Ord. No. 2012-07, § A, 8-6-12; Ord. No. 2013-03, § 2.A., 3-18-13; Ord. No. 2014-09, § 2d. 6-16-14; Ord. No. 2014-10, § 1.A., 9-22-14; Ord. No. 2014-11, § 1.A., 9-22-14; Ord. No. 2017-12, § 1.A., 11-6-17; Ord. No. 2019-22, § 1, 12-2-19; Ord. No. 2024-04, § 2, 11-18-24)