A.

Residential density. Residential densities shall be determined by multiplying the allowable dwelling units per acre by the gross acreage of the lot or parcel to be developed. (Example: 15 units/acre × 2 acres = 30 units.)

B.

Lot coverage/open space ratio. Lot coverage is the land area of any lot or parcel which can be covered by impervious surfaces such as buildings, parking lots, driveways or similar development. Open space is the land area remaining in a landscaped or natural state after development occurs. The allowable lot coverage/open space ratio shall be determined by multiplying the gross land area of any lot or parcel to be developed by the applicable lot coverage standard set forth for each land use district. (Example: 43,560 sq. ft. × 50% = 21,780 sq. ft. allowable lot coverage, and 21,780 sq. ft. open space).

C.

Splitting residential lots of record. Use of single lots of record where a lot of record was recorded in the official records of Bay County, Florida, prior to August 1981, and the lot may be used as a single-family dwelling plot provided:

i.

The current land use district designation allows single-family dwellings.

ii.

Water supply and sanitary sewer levels of service are maintained, and either:

a.

The lot abuts a public street and has not less than 20 feet frontage.

b.

The lot has a minimum width of 40 feet.

c.

The provisions hereof shall apply to a replacement of the residential structure whether the existing residential structure is condemned, removed, destroyed, demolished, or lost to a casualty.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Purpose. This section is intended to regulate the type, location, configuration and conduct of accessory uses to ensure that such uses are not physically or aesthetically harmful to residents of surrounding areas.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Intent. Accessory dwelling units provide alternate housing for elderly persons, and living quarters for housekeeping or maintenance service persons on-premises. While providing for these benefits, this section is also intended to protect the residential character of neighborhoods where accessory dwelling units are located.

B.

Standards. Accessory dwelling units may be allowed in zoning districts that allow for residential uses provided that all of the following requirements shall be met:

1.

No more than one accessory dwelling unit shall be permitted on any residential lot.

2.

Mobile homes shall not be used as an accessory dwelling unit.

3.

The accessory dwelling unit shall be located and designed in such a manner so that it will not interfere with the appearance of the principal structure as a single-family dwelling unit, to include limitations on the size of the accessory structure. The accessory dwelling unit cannot exceed 60 percent of the primary structure's habitable square footage in size.

4.

No variations, adjustments, or waivers to the requirements of this Unified Land Development Code shall be permitted in order to accommodate an accessory apartment.

5.

Accessory dwelling unit shall not be located closer than three feet from any abutting interior property line or seven feet from the right-of-way line of any street, roadway or alley.

6.

The height of an accessory dwelling unit shall be limited to 15 feet. The height of an accessory dwelling unit shall mean the "building height" as defined in chapter 116, definitions, of the Unified Land Development Code.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019; Ord. No. 3243, § 1, 10-22-2024)

A.

Generally. It is the purpose of this section to regulate the type, installation, configuration, and use of accessory structures in order to ensure that they are not harmful either aesthetically or physically to residents in the surrounding areas.

1.

General standards and requirements. Any number of different accessory structures may be located on a parcel, provided that the following requirements are met:

i.

There shall be an authorized principal development, in conformance with the requirements as set forth in this Code, on the parcel.

ii.

All accessory structures shall comply with standards pertaining to the principal use, unless exempted or superseded elsewhere in this Unified Land Development Code.

iii.

Accessory structures shall not be located in a required buffer or landscape area.

iv.

Accessory structures shall be included in all calculations of impervious surface and stormwater runoff, floor area ratio (for commercial uses only), density, and in and any other site design requirements applicable to the principal use of the lot.

v.

Accessory structures may be subject to development review and shall require a site development plan and attendant documentation as required by chapter 102 of this Code, as applicable.

vi.

Accessory structures shall be allowed only on side or rear yards, unless otherwise specified herein.

vii.

No accessory structure shall be used for industrial storage of hazardous, incendiary, noxious, or pernicious materials.

viii.

Accessory structures shall be limited to 15 feet in height. The height of an accessory structure shall mean the "building height" as defined in chapter 116, definitions, of the Unified Land Development Code.

B.

Storage buildings, shops, utility buildings, greenhouses, garages, carports, and accessory buildings.

1.

Storage buildings, shops, utility buildings, greenhouses, garages, carports, and other accessory structures shall not be located closer than three feet from any abutting interior property line or seven feet from the right-of-way line of any street, roadway or alley.

2.

Motor vehicles, mobile homes, trailers or recreational vehicles shall not be used as storage buildings, utility buildings, or other like uses.

3.

Storage buildings, shops, utility buildings, greenhouses, garages, carports, and other accessory structures located on parcels in residentially-zoned districts shall not exceed 60 percent of the primary structure's habitable square footage in size.

C.

Private swimming pools.

1.

Unenclosed swimming pools. Unenclosed swimming pools, whether attached or unattached to the principal structure's foundation, shall be constructed with a minimum rear setback of five feet and minimum side setback of five feet. The measurement shall be from the outermost edge of the pool deck to the property line.

2.

Location and proximity of power lines. No overhead electric power lines shall pass over any pool unless enclosed in conduit and rigidly supported; nor shall any power line be nearer than ten feet above or around the pool's water edge.

3.

Enclosed swimming pools.

i.

Enclosed swimming pools shall be considered a part of the principal structure if attached to the principal structure with an enclosure having a permanent, impervious roof and capable of being converted at a later date to an actual room by the addition of solid walls. In such case, the enclosed pool shall comply with applicable building location requirements, setbacks, intensity and other development requirements of this Code.

ii.

Enclosed swimming pools with a transparent, screened enclosure and screened, pervious roof, whether or not attached to the principal structure shall have a minimum rear setback of five feet and a minimum side setback of five feet. The measurement shall be from the outermost edge of the pool deck or enclosure foundation to the property line.

4.

Conflicting provisions. The setback requirements established herein for swimming pools and their enclosures shall supersede any conflicting requirements established elsewhere for accessory buildings, and such conflicting provisions are hereby amended to the requirements set forth herein.

D.

Fences.

1.

Fences or hedges may be located in the front setback areas, as well as the side and rear yard setback areas. No fences or hedges shall exceed four feet in height from aggregate grade when placed in the front yard of residential land use districts or on property used for residential purposes. A fence located in the side and rear yard setbacks shall not exceed eight feet in height from aggregate grade.

2.

No fence shall block the sight distance of motor vehicles on the adjacent roadways or exit points.

3.

Any fence located adjacent to a public right-of-way or private road shall be placed with the finished side facing that right-of-way.

4.

No fence or hedge shall interfere with drainage on the site, unless such structure is designed for stormwater management. Gates or removable fences may be required for access to city drainage easements.

5.

No fence, wall or similar structure shall be located in or upon any body of water or submerged lands, nor restrict public access to or along any estuarine shoreline.

6.

Fences in front yard areas for commercial or industrial uses shall not exceed four feet in height within ten feet of the front property line. The planning director may allow fences of total visual screening to be erected closer to the front property line upon written request to shield objectionable aesthetic views or nuisances from the public with a reduced landscape buffer. Otherwise, landscaping shall be provided consistent with this Unified Land Development Code for off-street parking areas in the 10-foot front setback area.

E.

Decks, patios.

1.

Any enclosure of a deck or patio shall be subject to the development review and site plan requirements as specified in chapter 102 of this Code.

2.

If the deck or patio is attached to the principal structure, all setbacks for principal structures shall apply; if attached to an accessory building, all setbacks for accessory buildings shall apply.

F.

Satellite dishes/antennae.

1.

Satellite dishes shall be permitted in side and rear yards only, and may be located on rooftops only upon proof of the suitability of the supporting structure by the property owner to the planning director.

2.

Satellite dish antennas and other antennas shall be installed according to the building official and according to manufacturer's specifications and any other applicable regulations.

3.

Satellite dishes shall be maintained clear of all nearby electric lines.

4.

The satellite dish or antenna shall be of a nonreflective surface material and shall be made, to the extent possible, in such manner to conform and blend with the surrounding area and structures.

5.

No advertising or signage of any type shall appear on the antenna.

6.

No satellite dish or antenna shall be used for any commercial purposes and shall service the principal structure only.

7.

Satellite dish and antenna installation shall be limited to one installation per lot or dwelling.

8.

The requirements of this section shall not be applicable in zoning districts that allow for commercial or industrial uses.

G.

Docks and boat structures. To better protect the natural resources of the city's shoreline and provide standards for water-dependent structures in areas that allow for residential development, docks and boat structures shall be permitted in all zoning districts that allow for residential development provided:

1.

The structure(s) receives a development order from the city and meets the requirements of this section.

2.

The dock structure is solely ancillary to use of the upland residence contiguous to the body of water over which the structure is built and shall not allow for more than two boat slips per lot or one and one-half per dwelling for common docks.

3.

The homeowner's construction plans will include a stamped and sealed survey indicating the required setback to adjoining riparian rights lines and meeting all of the following requirements:

i.

The structure shall not include any enclosed building with walls or doors for living quarters except for the sole storage of recreational equipment and supplies.

ii.

The structure shall only be used for recreational, noncommercial activities, including a prohibition of the mooring of commercial vessels.

iii.

There shall be no dredging except for that which is necessary to install pilings.

iv.

The dock structure shall not impede the flow of water, nor navigation.

v.

Placement of a dock on property with at least 65 feet of shoreline shall be as follows:

a.

Docks with access walkways shall be set back no less than 25 feet from any property line perpendicular to the water body.

b.

Docks without access walkways shall be set back no less than ten feet from any property line perpendicular to the water body.

vi.

Placement of a dock on property with less than 65 feet of shoreline shall be equally centered between the property lines perpendicular to the water body.

vii.

Placement of the dock in the water area shall comply with the following:

a.

The access portion of the dock shall not exceed a width of five feet;

b.

Extension of the dock into the watercourse shall not be any longer than necessary to reach a maximum water depth of four feet below mean low water (low tide) or 25 feet, whichever is greater. However, the dock shall not extend further than 20 percent of the width of the waterbody regardless.

c.

No portion of the dock shall be less than five feet from the riparian property line except for a shared dock. Common docks must meet all requirements of this section.

4.

The structure complies with the permitting requirements of all other governmental agencies having jurisdiction over the project. Evidence of an exemption from such compliance must be furnished by the homeowner before approval shall be granted.

5.

The use of the structure shall be limited to the mooring or docking of private recreational vessels only.

6.

For situations where the owners of adjacent properties have determined that a shared dock is preferable, the property owners shall comply with all above requirements, except that the dock may lie on the shared property line. A shared dock is subject to the following requirements:

i.

An attendant and private access easement shall be established to the owners on each property, and shall be presented to the city at the time of application.

ii.

Any shared dock shall gain prior approval from all outside agencies and jurisdictions, as applicable, prior to the issuance of a development order by the city.

iii.

A shared dock must include a notarized application request from all property owners involved.

7.

A dock structure, including any boat slips, pilings and other appurtenances, shall be prohibited within the Lake Huntington Channel which comprises of a manmade and natural channel within Lake Huntington and St. Andrews Bay. The Lake Huntington Channel shall be more particularly described as follows:

Beginning at the center of the bridge at West 15th Street, thence east along the centerline of the road for 25 feet, thence north for 200 feet, thence west for 50 feet, thence south for 200 feet, thence east along the centerline of the road for 25 feet to the point of beginning; and beginning at the center of the bridge at West 15th Street, thence east along the centerline of the road for 50 feet, thence south for 1,000 feet, thence west for 100 feet, thence north for 1,000 feet, thence east along the centerline of the road for 50 feet to the point of beginning.

An existing dock structure in the Lake Huntington Channel shall be subject to the provisions for nonconforming developments as provided in section 114-3.B. of this Code.

8.

All other dock or boat structures shall require city commission approval.

H.

Porches.

1.

Unenclosed porches are permitted encroachments into any yard. In a rear or side yard, an unenclosed porch must be at least three feet from any lot line. Unenclosed porches are permitted to encroach six feet into a required front yard.

2.

Enclosed porches must meet all setback requirements.

3.

Steps and stoops are not considered porches.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019; Ord. No. 3243, § 1, 10-22-2024; Ord. No. 3283, § 1, 9-23-2025)

A home occupation and a home office of convenience shall be allowed in a bona fide dwelling unit subject to the following conditions:

A.

No person other than members of the family residing on the premises shall be engaged in such occupation or business activity.

B.

The use of the premises for a home occupation or home office shall be clearly incidental and subordinate to its use as a residence, and shall not alter the residential character of the structure.

C.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the existence of a home occupation or home office.

D.

No home occupation shall occupy more than 25 percent of the first-floor area of the dwelling. No accessory building, freestanding or attached, shall be used for a home occupation.

E.

No home office or home occupation shall generate an increase in vehicular traffic volume above that normally expected in a residential neighborhood, and any vehicular parking shall be off the street.

F.

No equipment, tools, or process shall be used in a home occupation which would interfere with the use or enjoyment of neighboring properties because of noise, vibration, glare, fumes, odors, or electrical disturbance. In the case of electrical disturbance, no equipment or process shall cause visual or audible interference in any radio, telephones, or television receivers or fluctuations of in-line voltage off the premises.

G.

Outdoor storage of materials is prohibited.

H.

A home occupation and a home office shall be subject to all appropriate city occupation licensing requirements, fees, and other business taxes.

I.

Retail sales and the routine delivery of parcels is prohibited.

J.

Home office business activities shall be limited to that conducted by phone or mail, or internet.

K.

A home occupation does not include the following:

1.

Beauty shops and barbershops having more than one chair;

2.

Studios for group instruction;

3.

Public dining or tearoom facilities;

4.

Antique or gift shops;

5.

Outdoor repair shops;

6.

Food processing;

7.

Nursery schools, kindergartens, or child day care centers; and

8.

Construction/building activities.

L.

A home occupation shall include the fabrication of "arts and handicrafts" provided no retail sales are made at the dwelling, and shall include only individual instruction.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

Any structure in which a home occupation or a home office of convenience is allowed shall be considered nonresidential for purposes of utility billing pursuant to chapter 23 of the Municipal Code.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

Residential and nonresidential development projects may provide meeting centers, recreational and fitness facilities, snack shops, and central dining halls or cafeterias provided:

A.

Such facilities shall be provided for the exclusive use of employees or residents of the project, and shall not be open to the general public.

B.

Only directional signs on-premises shall identify the facilities and no off-site signs or advertisement of the facility shall be permitted.

C.

Parking for such facilities shall be provided according to chapter 108 of this Code.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

It shall be unlawful for any person to erect or construct, or to maintain after erection or construction, any tent or other temporary structure which has a covered area of more than 100 square feet, without a permit.

B.

An applicant shall file an application for the permit with the planning department. Such request shall set forth in full, the name and address of the applicant together with a definite description of the proposed location of the tent or temporary structure, the use to be made of the proposed tent or structure, the size, material, dimensions and certificate of flameproofing thereof, together with other information that may be required. The application shall be subject to the approval of the fire marshal. The fire marshal shall approve or disapprove the application based on compliance with applicable fire codes. The building official shall approve or disapprove the application based on compliance with applicable Codes.

C.

No permit shall be issued for a period of more than 30 days.

D.

Any person who shall erect, construct, maintain or assist in the erection, construction or maintenance of a tent or temporary structure, or who operates a use in a tent or temporary structure without having a written permit therefor, shall be in violation of this section.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Except as required by state law, a proposed family or transitional community residence shall be allowed as of right in zoning districts where designated as a permitted use only when the development services director or designee finds that it meets all of the following standards:

1.

It is located at least 800 linear feet or 12 lots, whichever is greater, from the closest existing community residence, recovery community, or congregate living facility as measured from the nearest lot line of the proposed community residence to the nearest lot line of the closest existing community residence, recovery community, or congregate living facility and

2.

The community residence or its operator has been or shows it will be issued:

i.

The license or certification that the State of Florida requires to operate the proposed community residence; or

ii.

Provisional certification by the Florida Association of Recovery Residences and then permanent certification within 150 days of the date on which provisional certification was granted; or

iii.

A "conditional" Oxford House Charter within 30 days of the date on which the first individual occupies the Oxford House and a "permanent" Oxford House Charter within 180 days after the "conditional" charter was issued; and

3.

No more than ten individuals will occupy the community residence.

4.

Per state law, community residences for people with developmental disabilities located in a "planned residential community" as defined by F.S. § 419.001(1)(d) are exempt from the spacing requirements between community residences and/or recovery communities established in this ordinance.

B.

A community residence proposed to be located within 800 linear feet or 12 lots, whichever is greater, of an existing community residence, recovery community, or congregate living facility must obtain a conditional use permit which shall be approved only when it is found that the applicant has demonstrated by a preponderance of the evidence that all of the following standards are met:

1.

The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence, recovery community, or congregate living facility and that the presence of other community residences, recovery communities, and/or congregate living facilities will not interfere with the normalization and community integration of the residents of the proposed community residence; and

2.

The proposed community residence in combination with any existing community residences, recovery communities, and/or congregate living facilities will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating or intensifying an institutional atmosphere or de facto social service district by clustering community residences, recovery communities, and/or congregate living facilities on a block face or concentrating them in a neighborhood.

C.

When the State of Florida does not offer a license or certification for the type of community residence proposed and the population it would serve, or the proposed community residence is not eligible to be granted an Oxford House Charter, the applicant must obtain a conditional use permit which shall be approved only when it is found that the applicant has demonstrated by a preponderance of the evidence that all of following standards are met:

1.

The proposed community residence will be operated in a manner effectively similar to that of a licensed or certified community residence; and

2.

Staff who reside and/or work in the community residence will be adequately trained in accordance with standards typically required by licensing or state certification for a community residence; and

3.

The community residence will emulate a biological family and be operated to achieve normalization and community integration; and

4.

The rules and practices governing how the community residence operates will actually protect the residents from abuse, exploitation, fraud, theft, neglect, insufficient support, use of illegal drugs or alcohol, and misuse of prescription medications.

D.

Except as required by F.S. § 419.001, when an applicant seeks to provide housing for more than ten unrelated individuals in a community residence, the applicant must obtain a conditional use permit which shall be approved only when it is found that the applicant has demonstrated by a preponderance of the evidence that all of following standards are met:

1.

The proposed number of residents greater than ten is necessary to ensure the therapeutic and/or financial viability of the proposed community residence; and;

2.

The primary function of the proposed community residence is residential where any medical treatment is merely incidental to the residential use of the property; and

3.

The proposed community residence will emulate a biological family and operate as a functional family rather than as a boarding or rooming house, nursing home, short term rental, continuing care facility, motel, hotel, treatment center, rehabilitation center, institutional use, assisted living facility that does not comport with the definition of "community residence," or other nonresidential use; and

4.

The requested number of residents in the proposed community residence will not interfere with the normalization and community integration of the occupants of closest existing community residence or recovery community.

E.

A transitional community residence in zoning districts designated as a conditional use must obtain a conditional use permit which shall be approved only when it is found that the applicant has demonstrated by a preponderance of the evidence that all of the following standards are met:

1.

The proposed transitional community residence will not interfere with the normalization and community integration of the residents of any existing community residence, recovery community, or congregate living facility and that the presence of other community residences, recovery communities, and/or congregate living facilities will not interfere with the normalization and community integration of the residents of the proposed transitional community residence; and

2.

The proposed transitional community residence, alone or in combination with any existing community residences, recovery communities, or congregate living facilities will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating or intensifying a de facto social service district by clustering community residences, recovery communities, or congregate living facilities on a block or concentrating them in a neighborhood; and

3.

The proposed transitional community residence will be compatible with the residential uses allowed as of right in the zoning district; and

4.

The applicant has been issued or shows it will be issued:

i.

The license or certification that the State of Florida requires to operate the proposed transitional community residence; or

ii.

Provisional certification by the Florida Association of Recovery Residences and then permanent certification within 150 days of the date on which provisional certification was granted.

5.

When the State of Florida does not offer certification or require a license for this type of transitional community residence and the population it would serve, the applicant shall demonstrate that:

i.

The proposed transitional community residence will be operated in a manner effectively similar to that of a licensed or certified community residence; and

ii.

Staff will be adequately trained in accordance with standards typically required by licensing or state certification for a community residence; and

iii.

The transitional community residence will emulate a biological family and be operated to achieve normalization and community integration; and,

iv.

The rules and practices governing how the transitional community residence operates will actually protect residents from abuse, exploitation, fraud, theft, neglect, insufficient support, use of alcohol or illegal drugs, and misuse of prescription medications.

F.

Zoning approval shall be revoked when the operator of a community residence fails to provide evidence of permanent licensure, certification, or Oxford House Charter within 180 days of the date on which provisional certification or licensure or conditional Oxford House Charter was issued. An operator that has not received licensure, certification, or an Oxford House Charter; or where a license or certification was denied, revoked, or suspended, shall not be allowed to operate in Panama City and zoning approval shall become null and void upon termination of such license, certification, or Oxford House Charter. An operator must notify the development services director or designee that its license, certification, or Oxford House Charter has been suspended or revoked within five-calendar days of the operator being notified of the suspension or revocation. Such an operator shall cease operation and vacate the premises within 60-calendar days and the operator of the community residence shall safely return residents to their families or relocate them to a safe and secure living environment.

(Ord. No. 3142, § 1, 4-11-2023)

A.

A proposed recovery community shall be allowed as of right in zoning districts where designated as a permitted use only when the development services director or designee finds that it meets all of the following standards:

1.

The proposed recovery community is located at least 1,200 feet or 15 lots, whichever is greater, from the closest recovery community, community residence and/or congregate living facility as measured from the nearest property line of the proposed recovery community to the nearest property line of the closest existing recovery community, community residence, or congregate living facility; and

2.

The operator or applicant has received provisional certification from the State of Florida's designated licensing or certification entity which, as of the date on which this ordinance was adopted, is the Florida Association of Recovery Residences as established by F.S. § 397.487. Permanent annual certification must be issued within 180 days of date on which provisional certification was granted.

B.

A recovery community proposed to be located within 1,200 linear feet or 15 lots, whichever is greater, of an existing community residence, recovery community, or congregate living facility must obtain a conditional use permit which shall be approved only when it is found that the applicant has demonstrated by a preponderance of the evidence that all of the following standards are met:

1.

The proposed recovery community will not interfere with the normalization and community integration of the residents of any existing community residence, recovery community, and/or congregate living facility and that the presence of other community residences, recovery communities, and/or congregate living facilities will not interfere with the normalization and community integration of the residents of the proposed recovery community; and

2.

The proposed recovery community in combination with any existing community residences, recovery communities, and/or congregate living facilities will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating or intensifying an institutional atmosphere or de facto social service district by clustering recovery communities, community residences, and/or congregate living facilities on a block or concentrating them in a neighborhood.

C.

Zoning approval shall be revoked when the operator of a recovery community fails to provide evidence of permanent annual licensure or certification within 180 days of the date on which provisional certification or licensure was issued. An operator that has not received licensure or certification; or where a license or certification was denied, revoked, or suspended, shall not be allowed to operate in Panama City and zoning approval shall become null and void. An operator must notify the development services director or designee that its license or certification has been suspended or revoked within five calendar days of the operator being notified of the suspension or revocation. Such an operator shall cease operation and vacate the premises within 60-calendar days and the operator of the recovery community shall safely return residents to their families or relocate them to a safe and secure living environment.

(Ord. No. 3142, § 1, 4-11-2023)

A.

Except as required by state law, a proposed congregate living facility shall be allowed as of right in zoning districts where designated as a permitted use only when the development services director or designee finds that it meets all of the following standards:

1.

It is located at least 1,200 linear feet or 15 lots, whichever is greater, from the closest existing community residence, recovery community, or congregate living facility as measured from the nearest lot line of the proposed congregate living facility to the nearest lot line of the closest existing community residence, recovery community, or congregate living facility and

2.

The congregate living facility or its operator has been or shows it will be issued the license or certification that the State of Florida requires to operate the proposed congregate living facility.

B.

A congregate living facility proposed to be located within 1,200 linear feet or 15 lots, whichever is greater, of an existing community residence or recovery community that is located in a residential or mixed use zoning district, or within 1,200 linear feet or 15 lots, whichever is greater, of an existing congregate living facility, must obtain a conditional use permit which shall be approved only when it is found that the applicant has demonstrated by a preponderance of the evidence that the following standard is met:

1.

The proposed congregate living facility will not interfere with the normalization and community integration of the residents of any existing community residence, recovery community, or congregate living facility and that the presence of other community residences, recovery communities, and/or congregate living facilities will not interfere with the normalization and community integration of the residents of the proposed congregate living facility.

(Ord. No. 3142, § 1, 4-11-2023)

A.

The following regulations apply to newspaper collection boxes within the Downtown District and the St. Andrews Downtown District.

B.

No newspaper box shall be installed in such a manner as to:

1.

Unreasonably interfere with or impede the flow of pedestrians or vehicular traffic, including legally parked or stopped vehicles; or

2.

Unreasonably interfere with the ingress or egress from any residence or place of business; or

3.

Unreasonably interfere with the use of traffic signs or signals, hydrants, or mailboxes permitted near said location.

C.

Newspaper collection boxes shall not exceed 60 inches maximum height, 24 inches in width, nor 20 inches in thickness.

D.

No newspaper collection box shall be installed in any of the following locations:

1.

Two newspaper collection boxes within three feet of another newspaper collection box.

2.

In such location as to result in an obstructed sidewalk area of less than four feet in width.

3.

Within five feet of a public or private driveway, or emergency facility.

E.

Newspaper boxes shall be constructed of weatherproof, or exterior grade materials, Boxes shall be kept in good repair and repainted as needed for good appearance.

F.

A permittee shall collect and remove all litter which may have accumulated under, in or about its newspaper box whenever it places additional newspaper in the newspaper box.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Public purpose. The purpose of this chapter is to provide standards for the location and placement of individual manufactured homes and manufactured home subdivisions.

B.

Applicability.

1.

All manufactured homes placed within manufactured home subdivisions or located on individual lots within the city, must bear a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Title 24 CFR, Part 3280, or inspected by an approved inspection agency conforming to the requirements of the Code of Federal Regulations, and bearing the insignia of approval.

2.

The use of manufactured homes within the city limits (if not built in compliance with the Federal Manufactured Housing Construction and Safety Standards of the HUD Code, with insignia attached) is not allowed unless currently in existence and used as a single-family residence, and then only so long as continuously used as a single-family residence without a break in such use for more than six months or until any change in ownership, after which the right of use shall terminate and said mobile home shall be removed from the property.

3.

Manufactured homes shall comply with the requirements hereof.

4.

Park model trailers shall not be allowed in manufactured home subdivisions for rental purposes.

C.

Placement of individual manufactured homes.

1.

After the effective date of this chapter, an individual manufactured home dwelling unit may not be located within the city unless: it is a residential design manufactured home (RDMH), or manufactured home and meets all other applicable requirements of this Land Development Code.

2.

After the effective date of this chapter, RDMH structures and manufactured homes, shall be permitted to be placed in Manufactured Home (MH-1) districts as an allowable use. RDMH structures shall be permitted to be placed in all residential districts as an allowable use, subject to the requirements and limitations which shall be applicable to districts set out in chapter 104, article II and this chapter applying to such residential use, including minimum lot size, yard and spacing, setback requirements, percentage of lot coverage, off-street parking requirements and approved foundations as described herein. Such RDMH structures shall be placed on lots in such a manner as to be compatible with and reasonably similar in orientation to the site built housing which has been constructed in adjacent or nearby locations.

3.

After the effective date of this chapter, manufactured homes approved by HUD may be placed only:

i.

in districts zoned MH-1; or

ii.

as a temporary government office on government property; or

iii.

as a temporary classroom on school property; or

iv.

as a temporary construction office (no sleeping quarters allowed) on a construction site approved by a valid development order; or

v.

as a replacement for a previous manufactured home of the same approximate size in a mobile home park, where the park was in existence prior to 1999, and when said manufactured home replaced has not been removed for more than six months.

4.

All manufactured homes must be installed in accordance with those regulations to F.S. § 320.8325, and those local requirements of the city as authorized under F.S. § 320.8285, relating to the following:

i.

Land use and zoning requirements;

ii.

Fire zones;

iii.

Setback requirements;

iv.

Side and rear yard requirements;

v.

Site development requirements;

vi.

Property line requirements;

vii.

Subdivision control;

viii.

Onsite installation requirements;

ix.

Review and regulation of architectural and aesthetic requirements;

x.

Landings of the requisite composition and size as per the Florida Building Code.

5.

Manufactured homes, once placed on real property, as herein authorized, must be returned for ad valorem tax purposes annually as an improvement to and part of the real property.

6.

Manufactured homes are not permitted to be used as storage buildings.

D.

Manufactured home subdivisions.

1.

Manufactured home subdivisions are allowed in MH-1 zoning districts only.

2.

The following bulk regulations shall apply:

i.

The minimum parcel area for a subdivision shall be seven acres.

ii.

The minimum parcel width for portions used for entrances and exits for residential purposes shall be 200 feet.

iii.

The density of manufactured homes shall not exceed six manufactured home lots per acre.

iv.

The minimum lot area shall be 4,000 square feet.

v.

The minimum lot width shall be 50 feet.

vi.

At least 50 percent of the planned lots shall be completed, which shall include water, sewer, other utilities, storm water treatment, and landscaping, before a certificate of acceptance is issued.

3.

The following minimum setbacks shall apply for manufactured homes located on lots within a manufactured home subdivision:

i.

Twenty-five feet from lot line.

ii.

Twenty feet between units or structures when oriented long side by long side.

iii.

Six feet between units or structures when oriented short end to short end.

iv.

Eight feet between units or structures when oriented long side to short end.

vi.

For curved, cul-de-sac, or odd-shaped lots: as required by the director.

4.

No manufactured home shall be permitted within 25 feet of a street, right-of-way or perimeter lot line.

5.

Each manufactured home lot shall have either a stabilized pad of not less than the outer perimeter of the approved manufactured home intended to be set thereon or an approved foundation and an outdoor concrete patio of at least 180 square feet. Manufactured homes located in manufactured home subdivisions shall have the wheels, axles and tongue removed, the bottom of the home shall be enclosed with a customary manufactured home screen or skirt, and it shall have an entrance porch and an improved driveway. Where lots on the perimeter of the subdivision abut an adjacent single-family development, they shall:

i.

Contain only RDMH structures meeting all residential design standards in accordance with these regulations; or

ii.

Provide a 25-foot landscaped buffer from the property line; or

iii.

Provide a screening material along the property line such as a solid fence or wall not less than six feet high.

6.

All utilities shall be below ground except central pumps or tanks, which shall be fully screened from view.

7.

Each manufactured home subdivision shall contain one or more developed recreation areas, accessible to all sites. The recreational area shall not be less than 1,000 square feet for each six manufactured home sites.

8.

A landscaped buffer not less than 25 feet in width shall be located along the boundary of each manufactured home subdivision except where crossed by driveways.

9.

Accessory buildings may not be placed on lots located along the perimeter of the subdivision; and otherwise only in the rear yard at least three feet from the property line.

10.

Each manufactured home lot shall have two improved parking spaces.

11.

All streets in manufactured home subdivisions must be paved and comply with the following minimum road widths: one-way streets not less than 14 feet; two-way streets not less than 24 feet, if dedicated to and maintained by the city; however, if maintained as private drives: one-way streets, not less than ten feet; two-way streets not less than 20 feet.

12.

All manufactured home subdivisions shall provide for and have central refuse containers, appropriately grouped and screened.

13.

There shall be three parking spaces for each 300 square feet of service buildings.

14.

All manufactured homes located within the subdivision shall be required to be installed according to the HUD Code, regulations pursuant to F.S. § 320.8235, and those local requirements authorized by F.S. § 320.8285. No certificate of occupancy shall be issued by the building department until compliance with these regulations is met.

15.

The owner of each lot in a manufactured home subdivision shall annually return his/her lot and the manufactured home thereon as an improvement to real estate for ad valorem tax purposes.

16.

All manufactured housing developments approved prior to the adoption of this chapter shall be declared conforming developments and shall be exempt from these regulations for minimum lot size, area, and setbacks when permits are requested for replacement of existing manufactured or mobile homes.

E.

Parking. No unoccupied manufactured homes shall be stored or parked in any residential district or public place.

F.

Temporary permit for use during construction. A temporary permit may be obtained from the planning department for the temporary use of a manufactured home used exclusively as an on-site office during construction of a project.

G.

Temporary permit for use as office. The planning department may issue a temporary permit for the use of a manufactured home as an office in all districts of the city except R-1 provided the use is limited to the sale of units in a multifamily housing development, and the manufacturer of the mobile home is an approved manufacturer by the State of Florida. The permits issued pursuant to this provision shall be limited to a period of one year from date of issuance. Manufactured homes used as a sales office must comply with all tie-down, landscaping, utility connections, and parking and skirting requirements set forth herein.

H.

Temporary permit for emergency residential units. Notwithstanding sections 110-30.C. through 110-30.G., a recreational vehicle, travel trailer, or trailer may be used as temporary emergency residential dwellings on private property or designated areas within the city based on a declared emergency issued by the City of Panama City Commission in the event of a catastrophic event. This is for temporary emergency purposes only, during recovery and reconstruction phases for the declared emergency. Recreational vehicles, travel trailers, or trailers on private property can be used by the property owner as housing during repair or (re)construction of a storm damaged residential dwelling, but at no time shall a tent be used as a residential dwelling. Subsequently, the recreational vehicle, travel trailer, or trailer must be removed upon the issuance of a certificate of occupancy or completion of the dwelling or the expiration of the building permit to repair the storm damage to the private property, but in no event may the recreational vehicle, travel trailer, or trailer be used as a residential dwelling for more than one year from the date of the declared emergency unless the time is extended by a 4/5 vote of the city commission.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019; Ord. No. 2740, § 1(Exh. A), 6-23-2020)

A.

Permit required. Any owner or occupier of residential property who causes or allows a portable storage container or construction dumpster to be parked, placed or stored on a residential lot must obtain within five business days, a portable storage container/construction dumpster permit from the city. Such permit shall permit a portable storage container or construction dumpster to be parked, placed or stored within the city for up to 60 days and shall include the portable storage container/construction dumpster's serial/rental number, the name and address of lot owner/occupant, date of its placement on the lot, date that removal is required and local telephone number of the provider of the portable storage container or construction dumpster. This section does not apply to individuals building a new single family residence.

1.

A portable storage container or construction dumpster may be parked, placed or stored on a residential lot abutting the right-of-way for more than 60 days if the residence is under construction or reconstruction pursuant to a valid building permit. The portable storage container or construction dumpster shall be removed no later than ten days after the expiration of the building permit or substantial cessation of construction for a period of more than 60 days, whichever is sooner.

2.

Notwithstanding anything above, the permit period may be extended by the planning director for additional periods of up to 60 days upon good cause shown.

3.

There shall be no fee for the permit; however, the planning director is authorized to pass through all city costs to any person and/or lot owner who causes the city to incur costs for inspections, cleanup, removal or to otherwise remedy violations of this article.

B.

Placement. No portable storage container or construction dumpster may be parked, placed or stored on the paved surface of any public or private street of the city or within the public rights-of-way of the city. Any portable storage container or construction dumpster that is placed within the city must be placed on an asphalt, concrete, gravel, or hard paved surface.

C.

Display of permit. All residential lots permitted to have a portable storage container or construction dumpster parked, placed or stored on such residential lot must display the permit on the inside of a window or door of the residence, which permit shall be visible from the right-of-way.

D.

Setbacks. No portable storage container or construction dumpster may be parked, placed or stored closer than seven feet from the side or rear property line and ten feet from the front property line.

E.

Portable storage containers. In addition to the requirements above, all portable storage containers on residential lots must also meet the following requirements:

1.

The portable storage container shall only be moved, delivered or removed between the hours of 7:00 a.m. and 6:00 p.m.;

2.

The portable storage container shall not be used for living quarters;

3.

The portable storage container shall not be used to store flammables, explosives, firearms or noxious chemicals;

4.

No items, equipment or materials may be stored outside the portable storage container at any time;

5.

The portable storage container shall not be externally illuminated or have any utilities connected to it; and

6.

The portable storage container shall not exceed 8½ feet in height, 8 feet in width or 16 feet in length.

F.

Construction dumpsters. In addition to the requirements above, all construction dumpsters on residential lots must also meet the following requirements:

1.

All construction dumpsters shall be subject to and comply with the provisions of chapter 23, article IV, the City's Solid Waste Code;

2.

No waste shall be kept, stored or accumulated outside a construction dumpster;

3.

Construction dumpsters shall be kept free from standing water, non-construction wastes, vermin and insects or other nuisances; and

4.

The construction dumpster shall only be moved, delivered or removed between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday.

G.

Violations. Portable storage containers or construction dumpsters kept in violation of this section shall be subject to permit revocation and/or immediate removal in addition to being a violation punishable pursuant to chapter 102 of the Municipal Code of the City of Panama City. Failure to obtain a permit pursuant to this section is a violation punishable pursuant chapter 102 of the Code.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Bed and breakfast inn establishments shall be located in residential buildings that have frontage on a roadway which is capable of safely accommodating the additional traffic and parking, as determined by the planning director. Bed and breakfast inn establishments with access from a private road shall have the approval of the association or representative of all lots that have rights of access or maintenance responsibility. No bed and break inn establishments are allowed in R-1 (Residential-1) or R-2 (Residential-2) Zoning Districts.

B.

Use.

1.

Residential buildings proposed as bed and breakfast inn operations shall require a building inspection by the city's fire chief, and building inspector prior to any approval or uses as a bed and breakfast inn operation. Any code violation(s) shall be corrected prior to approval or uses as a bed and breakfast operation.

2.

The dwelling unit which the bed and breakfast inn takes place shall be the principal residence of the owner and said owner shall be on the premises when the bed and breakfast inn operation is active.

3.

Dining facilities for the purpose of serving meals shall not exceed a seating capacity of two and one-half times the number of sleeping rooms in the bed and breakfast establishment.

4.

The maximum stay for any guests/occupants of bed and breakfast inn establishments shall be 21 days.

C.

Site development.

1.

A structure utilized for a bed and breakfast inn must be located at least 150 feet from any adjacent residence, measured between principal structures.

2.

A structure utilized for a bed and breakfast inn that is within 500 feet from the shoreline of any lake or river must be connected to a public sanitary sewer.

3.

A structure or premise utilized for a bed and breakfast inn must have at least two exits to the outdoors from such structure or premise, and rooms utilized for sleeping shall have a minimum size of 100 square feet for two occupants with an additional 30 square feet or each additional occupant, to a maximum of four occupants per room. Each sleeping room used for the bed and breakfast inn operation shall have a separate smoke detector alarm. Lavatories and bathing facilities shall be available to all persons using any bed and breakfast inn operation. In no case shall there be less than one lavatory and bathing facility for each four sleeping rooms.

4.

Bed and breakfast inn operations shall be limited to ten guest sleeping rooms.

5.

Applicants shall submit a site plan, landscape plan and a floor plan of the residential dwelling unit illustrating that the proposed operation meets the requirements of this ULDC.

6.

Minimal outward modification of the structure may be made only if such changes are compatible with the character of the area or neighborhood and the intent of the zoning district in which the bed and breakfast inn is located.

7.

Parking shall meet the requirements of chapter 108 for boarding and lodging houses. The parking areas shall not be located with the required yard setbacks. A landscape buffer strip shall be provided between the parking lot and all adjacent residentially zoned land.

8.

Signs for a bed and breakfast establishment shall meet the requirements for chapter 112 and chapter 105 for the district in which it is located.

9.

Each bed and breakfast establishment shall have an annual business license and routinely contribute the appropriate fees to the county's tourist development tax program.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Purpose and intent. The purpose of this section is to provide comprehensive standards for the development, installation, replacement and removal of telecommunication facilities within the city. Through these standards, it is the intent of the city to: protect and promote public health, safety and welfare by encouraging appropriate location and site design for telecommunication facilities; limit adverse aesthetic impacts of these facilities to other property owners and the community in general; and promote managed development of the telecommunication infrastructure within the city.

B.

Applicability.

1.

The provisions of this section shall apply to the development, installation, replacement, or modification of any telecommunication facility (as defined in chapter 116).

2.

The provisions of this section shall not apply to telecommunication equipment on the premises of a telecommunication customer for the use of the occupants of the premises.

C.

General standards for all telecommunication facilities.

1.

Lighting.

i.

Artificial lighting of telecommunication facilities must be limited to mandatory safety lighting required by the city, the FAA, or the FCC.

ii.

Security lighting around the base of a telecommunication facility may be provided if such lighting does not cast light onto adjacent properties or rights-of-way.

2.

Screening.

i.

Developers of ground-mounted telecommunication facilities must make an effort to limit the visibility of the antenna mount from neighboring properties and rights-of-way. When possible, antenna mounts must be concealed behind existing buildings or natural features.

ii.

Equipment shelters and cabinets must be concealed behind existing buildings or natural features, whenever possible.

iii.

If concealment of ground-mounted telecommunication facilities and associated equipment shelters is not possible, the perimeter of these facilities must be landscaped as follows:

a.

Landscape buffer around facility to be a minimum of ten feet deep.

b.

Landscape buffer to include a mixture of trees, shrubs, bushes and groundcover arranged in such a way that the landscaping will effectively screen the site from public view within three years of planting.

c.

Landscape buffer must include one tree for every 25 linear feet around the perimeter of the facility. At time of planting, trees will be a minimum of eight feet tall and have a diameter of at least four caliper inches.

d.

Landscape buffer must include shrubs or bushes that will create a continuous opaque hedge or screen of not less than four feet tall upon maturity. At time of planting, these plants must be a minimum of 18 inches tall, and spaced so that a continuous hedge will form within three years of planting.

e.

Upon approval of the planning director, a fence may be used to augment a landscape buffer. A fence will not be allowed in lieu of a landscape buffer.

iv.

Structure-mounted telecommunication facilities must be placed on the structure out of public view whenever possible. If this is not feasible, developers are encouraged to use camouflaged mounts that compliment the style of the supporting structure.

3.

Security.

i.

Telecommunication facilities must be designed so as to be non-climbable by unauthorized persons. Facilities will utilize removable climbing pegs or security barriers or similar methods to achieve this standard.

ii.

Telecommunication facilities, including antennas and equipment shelters, must be of vandal-resistant design, or must have a security barrier.

iii.

All components of telecommunication facilities must have a minimum separation of 10 feet from any overhead utility lines.

iv.

Signage.

a.

A telecommunication facility must have an identification sign of no more than four square feet in area, identifying the property owner, telecommunication facility operator with contact phone number, and the FCC registration and tower ID number. The identification sign may be wall-mounted or freestanding. If freestanding, the maximum height of the sign will be five feet as measured from natural grade.

b.

No signage other than the required identification sign will be allowed on a telecommunication facility.

D.

Ground-mounted telecommunication facilities.

1.

In general.

i.

Ground-mounted telecommunication facilities in the following districts are subject to review and approval by city staff, per chapter 102: REC-1, REC-2, SIL, GC-2, LI, HI, and PI.

ii.

Ground-mounted telecommunication facilities in the following districts are subject to administrative review followed by review and approval of the planning board and city commission, per chapter 102: MU-3, UR-2, DTD, and PUD.

iii.

Ground-mounted telecommunication facilities are prohibited in the following districts: R-1, R-2, MU-2, and StAD.

iv.

All applicants for ground-mounted telecommunication facilities must provide a signed and sealed statement from a Florida registered engineer documenting the limits of the fall zone of the ground-mounted telecommunication facility.

2.

Standards for ground-mounted telecommunication facilities.

i.

Height.

a.

Maximum height of ground-mounted telecommunication facilities in the REC-1, REC-2, SIL, GC-1, GC-2, P/I, MU-3, UR-2, DTD, and PUD zoning districts will be as follows:

(1)

For a single-user facility: 90 feet

(2)

For a two-user facility: 120 feet

(3)

For a three- or more-user facility: 150 feet

b.

Maximum height of ground-mounted telecommunication facilities in the LI and HI zoning districts: 185 feet

c.

Maximum height of ground-mounted telecommunication facilities in the R-1, R-2, and MU-1 zoning districts: 90 feet

d.

Height will be measured as the vertical distance between the ground elevation at the center-point of the base of the ground-mounted telecommunication facility and the highest point of the ground-mounted facility, including antennas, platforms or other attachments.

e.

In no case will the height of a ground-mounted telecommunication facility exceed any height limit established by the FAA.

ii.

Setbacks.

a.

A monopole ground-mounted telecommunication facility will have a minimum setback from all property lines equal to 50 percent of the height of the proposed telecommunication facility, or equal to the radius of the fall zone established in the fall zone statement provided by the applicant, whichever distance is greater.

b.

A non-monopole ground-mounted telecommunication facility will have a minimum setback from all property lines equal to 100 percent of the height of the telecommunication facility, or equal to the radius of the fall zone established in the fall zone statement provided by the applicant, whichever distance is greater.

c.

Equipment shelters associated with a telecommunication facility will be subject to the setback requirements for principal structures in the underlying zoning district.

E.

Structure-mounted telecommunication facilities.

1.

In general.

i.

Structure-mounted telecommunication facilities are allowed on existing commercial, industrial, office or institutional structures in any zoning district.

ii.

Structure-mounted telecommunication facilities are allowed on multi-family buildings taller than three stories in height in any zoning district.

iii.

Structure-mounted telecommunication facilities are prohibited on single-family structures, duplexes, triplexes, townhouses, and other multi-family structures less than three stories in height in any zoning district.

iv.

Placement of a structure-mounted telecommunication facility on a nonconforming structure will not be considered an expansion of the nonconforming structure.

v.

Structure-mounted telecommunication facilities are subject to review and approval by city staff, per chapter 102.

2.

Standards for structure-mounted telecommunication facilities.

i.

Structure-mounted telecommunication facilities will extend a maximum of 20 feet above the roofline or highest point of the structure on which they are mounted.

ii.

The height of a structure-mounted telecommunication facility will be measured as the vertical distance between the roofline or highest point of the structure and the highest point of the structure-mounted facility, including antennas, platforms or other attachments.

iii.

The height limit will not apply if the structure-mounted telecommunication facility is incorporated into a steeple, bell tower, or similar architectural feature of a church, school, or institutional building.

iv.

In no case will a structure-mounted telecommunication facility exceed any height limit established by the FAA.

v.

Structure-mounted telecommunication facilities and associated equipment shelters are subject to the setback requirements for principal structures in the underlying zoning district.

F.

Co-location and modification to existing telecommunication facilities.

1.

In general.

i.

Existing ground-mounted telecommunication facilities in any zoning district may be modified to accommodate the co-location of an additional antenna or antennas.

ii.

Modification to existing telecommunication facilities to accommodate co-location is subject to review and approval by city staff, per sections 102-28 and 102-29.

2.

Standards for modification of existing telecommunication facilities.

i.

An existing ground-mounted telecommunication facility may be modified or re-built to a taller height, not to exceed 20 feet over the facility's existing height, in order to accommodate co-location of an additional antenna or antennas.

ii.

In no case will a telecommunication facility modified to incorporate an additional antenna exceed any height limit established by the FAA.

G.

Bond for performance, maintenance and removal upon default.

1.

Together with its application for a development order for a new ground-mounted or structure-mounted telecommunication facility, telecommunication facility applicants must provide proof, acceptable to the city, that they will provide a performance bond, upon final approval of the development order, either in cash or by insurance policy issued by a properly licensed insurance company, duly authorized to do business in the State of Florida, Bay County, and the City of Panama City.

2.

Said bond shall be for an amount determined by the city, taking into consideration the following: financial stability of the applicant; whether the facility is collapsible within its own footprint; method of demolition; what special safety precautions will be necessary; and landfill disposal fees. After consideration of the above factors, it is hereby provided that such bond shall not in the aggregate exceed $75,000.00, and shall be valued so as to cover:

i.

The amount that would be required to perform emergency maintenance on the telecommunication facility upon failure of the facility owner/operator to provide ordinary and necessary maintenance requested by the city, plus

ii.

The amount that would be required to safely take down, remove, and legally dispose of the telecommunication facility, including all antennas, antenna mounts, equipment shelters, electrical paraphernalia, and other improvements related to the telecommunication facility, upon failure of the owner/operator to duly remove the telecommunication facility as otherwise provided in this section.

3.

The requirement for this bond shall be continuing in nature during the term of the permit and any extensions thereof and may be revised from time to time during the term and any extensions of the applicant's permit, then taking into consideration reasonable adjustments for the original objectives of the bond, plus any modifications thereto.

4.

Should said bond be allowed to lapse or for any reason become unsecured, then at the election of the city, the applicant's permit may be revoked by the city, and the applicant will be required to cease use of the facility immediately. Further, should the applicant fail to cure said defects within ten days, the bond shall be payable to the city, and the city may exert its rights to a lien against applicant's other properties for any other expense, costs and attorney's fees incurred in addition to the amount of said bond.

H.

Abandonment.

1.

Any telecommunication facility that is removed from use for a period of 90 consecutive days is deemed to be abandoned.

2.

Determination of the date of abandonment will be made by the planning department, which has the right to request documentation, including affidavits, from the telecommunication facility owner/operator regarding the active use of the facility. Failure or refusal for any reason by the owner/operator to respond within 30 days to the planning department's request for such documentation shall constitute prima facie evidence that the telecommunication facility has been abandoned.

3.

Upon a determination of abandonment, the planning department will provide written notice of the determination to the owner of the property and the owner/operator of the telecommunication facility. Such notice will be sent via certified mail.

4.

The owner of the property and the owner/operator of the telecommunication facility will have 90 days from the date of abandonment to either:

i.

reactivate the use of the facility; or

ii.

dismantle and remove the facility from the property.

5.

Upon failure by the telecommunication owner/operator to either reactivate the abandoned facility or remove it from the property, as described in part H.4. above, the city may dismantle and remove the facility. The costs for dismantlement and removal will be recovered from the telecommunication facility owner/operator and the property owners pursuant to chapter 12 of the Panama City Municipal Code, or by accessing the performance bond referenced earlier in this section.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

All outdoor storage of non-passenger vehicles and building materials shall be kept at least 100 linear feet from any adjacent lot containing a legal, conforming residential use and shall be located in a side or rear yard only.

B.

Outdoor storage shall be screened from major thoroughfares and adjacent properties in accordance with the screening requirements set forth in this Code.

C.

A maximum open storage space of 50 percent of the side and rear lot area is allowed for business and industrial equipment and materials.

D.

Open storage of items shall not be piled or stacked over ten feet in height above grade.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

General. Temporary facilities used as real estate sales offices or model homes may be located within new subdivisions.

B.

Location. Such facilities shall be required to meet all setback requirements of the underlying zoning district and shall not be used as residences.

C.

Permitted timeframes. A facility permitted as a temporary real estate sales office shall be removed upon completion of sales in the subdivision.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Transient lodging uses for remuneration are prohibited in the residential districts of the city, except as otherwise permitted by this Code. Any person acting as agent, real estate broker, real estate sales agent, property manager, reservation service or arranges or negotiates for the use of residential property for transient lodging uses, or any person who uses or allows the use of residential property in this manner shall be considered in violation of this section. Each day in which such residential property is used or allowed to be used in violation of this section shall be considered a separate offense.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

It is the intent of the city commission to protect surface and ground water resources, air quality, soils, flora and fauna, and public health, safety, and welfare from contaminates associated with hydraulic fracturing. Hydraulic fracturing is also known by the common term "fracking." To that end, hydraulic fracturing is a prohibited use in all zoning districts in the City of Panama City.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)